Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
06.24.13
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 24, 2013 Administration & Public Works (A&PW) Committee meets at 5:45 p.m. Planning & Development (P&D) Committee meets at 7:15 pm City Council meeting convenes immediately after the conclusion of the P&D Committee meeting ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Wilson (II) Mayor Public Announcements (III) City Manager Public Announcements Recognition of Dennis Marino, Planning and Zoning Manager Evanston Fourth of July Association: Update on Celebration Plans and Holiday Schedule Announcement of Fire Fighter Exam (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 (VII) Consent Agenda: Alderman Rainey 1 of 608 City Council Agenda June 24, 2013 Page 2 of 9 6/20/2013 5:06 PM (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) Ordinance 76-O-13, An Ordinance to Ban Assault Weapons in the City of Evanston Ordinance 76-O-13 amends Title 9, Chapter 8 of the Evanston City Code of 2012 to specifically ban the possession, transfer, sale or display of assault weapons in the City of Evanston. For Introduction CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council meeting April 16, 2013 (M2) Approval of Minutes of the Regular City Council meeting May 28, 2013 (M3) Approval of Minutes of the Regular City Council meeting June 10, 2013 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 6/2/13 $2,620,447.59 (A2) City of Evanston Bills FY2013 6/25/13 $2,245,896.49 (A3.1) Approval of Agreement with Infosend Inc. for Utility Bill Printing and Mailing Services (RFP 13-27) Staff recommends City Council authorize the City Manager to execute an agreement for Utility Bill Printing and Mailing Services for a two-year term with Infosend, Inc. (1406 Centre Circle Drive, Downers Grove, IL) in the not-to-exceed amount of $27,507.90. Funding for the first year of the contract will be in the not- to-exceed amount of $13,753.95, of which $7,000 will be provided by the Water Fund (7125.62455) and $6,753.95 will be provided by the Sewer Fund (7400.62455). For Action 2 of 608 City Council Agenda June 24, 2013 Page 3 of 9 6/20/2013 5:06 PM (A3.2) Approval of Maintenance Plan Agreement for Sherman Plaza The Parking/Transportation Committee and staff recommend approval to continue a maintenance agreement for Sherman Plaza that was established in 2006. The agreement covers the period of August 23, 2013 through August 22, 2014 for a maximum not-to-exceed amount of $115,000. Funding is provided by the Parking Fund, Account 7036.62660. For Action (A3.3) Approval of Contract with Elanar Construction Company for the Firemen‟s Park Renovation Project (Bid 13-39) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid plus alternate bids 1, 2 and 3 for the Firemen’s Park Renovation Project with Elanar Construction Company (1739 Chestnut Avenue, #500, Glenview) in the amount of $ 255,400. Total funding of $315,000 is provided by FY2012 and FY2013 CDBG funds, FY2013 Capital Improvement Program (CIP) Account 415385, and Account 100.41333 (Nicor Park Easement). For Action (A3.4) Approval of Contract with Construction Consulting and Disbursement Services, Inc. for the 2013 Municipal Service Center „D‟ Building Roof and Masonry Repair Project (Bid 13-29) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Municipal Service Center ‘D’ Building Roof and Masonry Repair Project with Construction Consulting and Disbursement Services, Inc. (CCDS) (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $39,300. Funding is provided by the FY 2013 CIP Account Number 415224 with a budget of $75,000. For Action (A3.5) Approval of Contract Award to A. Lamp Concrete Contractors Inc. for 2013 Water Main Replacement & Street Resurfacing Project II (Bid 13-45) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Water Main Replacement & Street Resurfacing CIP 2 Project to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $1,568,320.50. Funding is provided by the Water Fund (733086.65515) in the amount of $982,262.50; Sewer Fund (7420.65515) in the amount of $81,980; and CIP Street Resurfacing Fund (415857.65515) in the amount $504,078. For Action 3 of 608 City Council Agenda June 24, 2013 Page 4 of 9 6/20/2013 5:06 PM (A4) Approval of Change Order No. 4 for Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 4 to grant a time extension of 153 calendar days, to the agreement with CDM Smith, Inc. (125 South Wacker Drive, Suite 600, Chicago, IL), for the Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74). There is no cost associated with this change order. For Action (A5) Ordinance 58-O-13, Decreasing the Number of Active Class D Liquor Licenses, Wingstop[ Staff recommends City Council adoption of Ordinance 58-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty-one (21), because Wingstop, 2434 Main Street, stopped selling alcohol in January 2013 and does not intend to renew its liquor license. For Introduction (A6) Ordinance 64-O-13, Decreasing the Number of Active Class D Liquor Licenses, Siam Splendor Staff recommends City Council adoption of Ordinance 64-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty (20), because Vichida Corporation, d/b/a Siam Splendour, 1125 Emerson Street, is not renewing its Class D liquor license. For Introduction (A7) Ordinance 65-O-13, Increasing the Number of Class P-1 Liquor Licenses, Temperance Beer Company Staff recommends City Council adoption of Ordinance 65-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(P-1), as amended, to increase the number of authorized Class P-1 liquor licenses to one (1), to permit liquor license issuance to Temperance Beer Company, LLC, d/b/a Temperance Beer Company, 2000 Dempster Street. For Introduction (A8) Ordinance 68-O-13, Amending Class P-1 Liquor License Capacity Staff recommends City Council adoption of Ordinance 68-O-13, which amends Class P-1 by increasing the maximum quantity of craft beer permitted for on-site production and storage from 465,000 gallons to 930,000 gallons annually. This amendment mirrors measures recently adopted by the state legislature in HB 1573. For Introduction 4 of 608 City Council Agenda June 24, 2013 Page 5 of 9 6/20/2013 5:06 PM (A9) Ordinance 66-O-13, Authorizing Class N Liquor Licensees to Offer Tastings Staff recommends City Council adoption of Ordinance 66-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(N), as amended, to authorize Class N liquor licensees to offer tastings of alcoholic liquor. Class N liquor licenses are held by grocery stores including Jewel Osco, Dominick’s, Food 4 Less, Whole Foods, and Sam’s Club. For Introduction (A10) Ordinance 67-O-13, Authorizing Class T Liquor Licensees to Offer Samples Staff recommends City Council adoption of Ordinance 67-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to authorize Class T liquor licensees to offer samples of beer brewed by the licensee. Class T is the City’s brewpub liquor license, and Smylie Bros. Restaurant and Brewery is the City’s only Class T licensee. For Introduction (A11) Ordinance 75-O-13, Increasing the Number of Active Class D Liquor Licenses, Kingston Grill Staff recommends City Council adoption of Ordinance 75-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses to twenty-one (21), to permit liquor license issuance to Kingston Grill Restaurant, Inc., d/b/a Kingston Grill, 1164 Dodge Ave. For Introduction (A12) Ordinance 56-O-13, Text Amendment to City Code Subsection 11-2-11-(B) to Correct Code Reference Staff recommends City Council adoption of Ordinance 56-O-13, which amends the text of Evanston City Code of 2012 Subsection 11-2-11-(B), as amended, to correct the Code reference regarding mailing notices of impending vehicle immobilization. For Introduction (A13) Ordinance 74-O-13 Amending the City Code to Establish a Three-Way Stop at Dewey Avenue and Washington Street The Alderman of the Ninth Ward recommends the adoption of proposed ordinance 74-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Dewey Avenue and Washington Street. Funding is provided by the Traffic Control Supplies Account 2670.65115, which has $40,000 budgeted for FY 2013. For Introduction 5 of 608 City Council Agenda June 24, 2013 Page 6 of 9 6/20/2013 5:06 PM (A14) Ordinance 52-O-13, Amending the City Code to Establish a Three-Way Stop at Lake Shore Blvd and Hamilton Street The Alderman of the Third Ward recommends the adoption of the proposed Ordinance 52-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Lake Shore Boulevard and Hamilton Street. Funding is provided by the Traffic Control Supplies Account 2670.65115, which has $40,000 budgeted for FY 2013. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action (A15) Ordinance 55-O-13, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends adoption of Ordinance 55-O-13 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Central Park Avenue and Main Street / Sheridan Road. This ordinance authorizes the City to borrow up to $1,894,000. The debt service will be paid from the Sewer Fund. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action (A16) Ordinance 51-O-13, Amending Title 10, Chapter 8, Section 3, Relating to Wheel Tax for Disabled Veterans and Active Military The Transportation/Parking Committee recommends approval of 51-O-13, amending Title 10, Motor Vehicles and Traffic, Chapter 8, Section 3: Schedule of License Fees of the Evanston City Code. This amendment permits that all Disabled Veterans and Active Duty Military Personnel who make application for a wheel tax license for one motor vehicle owned by the member shall not be required to pay the usual fee for such wheel tax license. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action PLANNING AND DEVELOPMENT (P1) Resolution 40-R-13 Designating the Portion of Austin Street between Asbury Avenue and Barton Avenue with the Honorary Street Name Sign, “Dr. Richard E. Lyons Way”. The Citizens’ Advisory Committee on Public Pla ce Names recommends approval of Resolution 40-R-13. For Action 6 of 608 City Council Agenda June 24, 2013 Page 7 of 9 6/20/2013 5:06 PM (P2) Ordinance 71-O-13 Granting a Special Use for a Wholesale Goods Establishment at 2310 Main Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 71-O-13 granting a special use permit for the establishment of a Wholesale Goods Establishment by Few Spirits, LLC at 2310 Main Street. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. For Introduction (P3) Ordinance 70-O-13 Granting a Special Use for a Type 2 Restaurant at 1907 Central Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 70-O-13 granting a special use permit the establishment of a Type 2 Restaurant, Leonidas Chocolate Café at 1907 Central Street. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. For Introduction (P4) Ordinance 69-O-13 Granting a Special Use for a Resale Establishment at 1940 Dempster Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 69-O-13 granting a special use permit for a Resale Establishment for children’s clothing and other items, Kazoom. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. Alderman Braithwaite requests suspension of the rules to allow introduction and action at the same meeting. For Introduction and Action (P5) Ordinance 72-O-13 Amending the Special Use Permit for a Type 2 Restaurant at 519 Main Street (Starbucks) Staff recommends the adoption of Ordinance 72-O-13 that deletes the condition of an adopted special use from 1992 (Section 3-C of Ordinance 121-O-01) requiring that the Starbucks at 519 Main Street hire off duty police officers to issue parking citations to customers who illegally park in the vicinity of Starbucks. The staff recommendation to release this condition is based on the experience during the past ten months when Starbucks was permitted by their request to not hire off duty officers on an experimental basis. There have not been reports of any problems during this period. No other Type II restaurant currently has such a condition imposed. For Introduction 7 of 608 City Council Agenda June 24, 2013 Page 8 of 9 6/20/2013 5:06 PM (P6) Approval of Request for a Three Year Extension of a Special Use for the Establishment of a Dormitory at 1620 Central Street (National Louis University PACE Program) Staff recommends approval of the requested three year extension of the adopted special use for a dormitory for the National Louis University PACE program. The project and special use are consistent with the Comprehensive Plan and the Central Street Zoning Overlay. The property owner cites challenges encountered by National Louis in implementing its plan for 1620 Central Street and its actions and plan to overcome these obstacles. For Action (P7) Ordinance 73-O-13 Granting a Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 73-O-13 granting a special use permit for the operation of a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street. The applicant has complied with all zoning requirements and meets all of the Standards of a special use for this District. The Zoning Board of Appeals found this as well in its findings for a positive recommendation. For Introduction (P8) Ordinance 59-O-13, Granting a Special Use for a Type 2 Restaurant at 749 Chicago Avenue Staff recommends adoption of Ordinance 59-O-13, granting a special use permit for a Type 2 Restaurant (749 Chicago Avenue) called Dollop Coffee Co. & Hoosier Mama Pie Co. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends adoption of Ordinance 59-O-13 with conditions related to litter control, hours of operation and employee parking. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action (P9) Ordinance 60-O-13, Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Staff recommends consideration of Ordinance 60-O-13, granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. The Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and construction of the new coach house. This ordinance was introduced at the June 10, 2013 City Council meeting. For Action 8 of 608 City Council Agenda June 24, 2013 Page 9 of 9 6/20/2013 5:06 PM MEETINGS SCHEDULED THROUGH JUNE 2013 Upcoming Aldermanic Committee Meetings Tues, June 25 7:30 pm Housing & Community Dev Act Committee Wed, June 26 6 pm Transportation/Parking Committee Wed, June 26 7:30 pm Economic Development Committee Friday, June 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. 9 of 608 For City Council meeting of June 24, 2013 Item SP1 Ordinance 76-O-13: Banning Assault Weapons in the City of Evanston For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 76-O-13, an Ordinance to Ban Assault Weapons in the City of Evanston Date: June 24, 2013 Recommended Action: Staff submits for consideration Ordinance 76-O-13. Funding Source: n/a Summary: Ordinance 76-O-13 amends Title 9, Chapter 8 of the Evanston City Code of 2012 to specifically ban the possession, transfer, sale or display of assault weapons in the City of Evanston. The ordinance provides the new definition of what an “assault weapon” is by listing certain features/equipment which make a firearm an “assault weapon”. The definitional language follows language found in the City of Chicago and Cook County assault weapons ban ordinances. The ordinance definition also comports with the language of House Bill 183, adopted by the General Assembly as amended, which provided that a municipality could define an assault weapon by utilizing “…a list of cosmetic features that cumulatively would place the firearm into a definition of assault weapon….”. The new Section 9-8-14 sets forth the parameters of the ban. Exceptions to the ban exist for law enforcement, military and organized state militia. Transportation of assault weapons in the City may only be done if they are first broken down, nonfunctioning, and not immediately accessible. Violators are subject to a misdemeanor fine and/or incarceration. Section 9-8-15 prescribes regulations for the confiscation and disposal of assault weapons by the Evanston Police Department. Based upon prior Council direction and the language contained within HB 183, the proposed effective date of this ordinance is June 25, 2013. Memorandum 10 of 608 Legislative History: On June 10, 2013, the City Council directed the Law Department to draft an ordinance to ban the possession or transport of assault weapons in the City of Evanston. House Bill 183 was adopted by the General Assembly on May 31, 2013. As of this writing, Governor Quinn has not signed the legislation into law. However, the bill set forth a strict 10 day limit for home rule municipalities to enact assault weapons ban legislation. This ordinance was drafted with this time limit in mind. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 76-O-13 International Association of Chiefs of Police Position Paper on Firearm Violence 11 of 608 6/18/2013 6/13/2013 76-O-13 AN ORDINANCE Amending Title 9, Chapter 8 of the City Code to Ban Assault Weapons WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970 states that, generally, “a home rule unit may exercise any power and perform any function pertaining to its government and affairs;” 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, the Local Government Committee to the delegates of the Sixth Illinois Constitutional Convention found that, home-rule powers are most urgently needed by larger municipalities in the more highly urbanized areas of the state. Although the problems of urban society affect many small localities, they are felt most intensely in larger cities and villages. Dense concentrations of population and industry call for the creative use of flexible governmental powers to achieve and 12 of 608 76-O-13 ~2~ maintain order, social justice and a satisfactory quality of life. (7 Record of Proceedings, Sixth Illinois Constitutional Convention, 1628-29); and WHEREAS, the Supreme Court of Illinois held that, [t]he City of Evanston is a densely populated and highly urbanized municipality… In accordance with the goals attempted to be achieved by the creation of home rule, the local governing body can create an ordinance specifically suited for the unique needs of its residents and is keenly and uniquely aware of the needs of the community it serves… (City of Evanston v. Create, Inc., 85 Ill.2d 101, 113-15); and WHEREAS, pursuant to House Bill 183, as amended and passed on May 31, 2013, the Illinois General Assembly provided that home rule units of government could enact an ordinance regulating possession or ownership of assault weapons, within certain parameters; and WHEREAS, this amendatory ordinance is considered and adopted in accordance with the 10-day limit prescribed in House Bill 183, is adopted within the expedited time frame set forth in House Bill 183, and is therefore not subject to State preemption of the City’s home rule powers; and WHEREAS, House Bill 183 did not define what an “assault weapon” is, however, this ordinance provides a list of cosmetic features that cumulatively place a firearm into the definition of an “assault weapon”; and WHEREAS, the International Association of Chiefs of Police recommends enactment of effective bans on military-style assault weapons in order to prevent criminals from “outgunning” law enforcement officers; and WHEREAS, the United States Supreme Court in District of Columbia v. Heller found that the right secured by the Second Amendment of the United States Constitution is not unlimited; and 13 of 608 76-O-13 ~3~ WHEREAS, assault weapons have certain characteristics that make these weapons more dangerous than ordinary weapons typically possessed by law-abiding citizens for lawful purposes, and that these combat-designed characteristics enhance lethality and make assault weapons conducive to criminal applications; and WHEREAS, an assault weapons ban furthers the City’s interest in crime prevention in the City’s densely populated environs, and prevents dangers to innocent people and law enforcement officers; and WHEREAS, this ordinance is reasonably tailored to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits so that one may act accordingly; and WHEREAS, assault weapons are not among the “Arms” protected by the Second Amendment because they are both “dangerous and unusual,” District of Columbia v. Heller, 554 U.S. at 627, and because prohibiting them minimally burdens a prospective plaintiff; hence the ban is constitutional; and WHEREAS, in the second Heller case, Heller v. District of Columbia (“Heller II”), 670 F.3d 1244 (U.S. App DC 2011), the District Court of Appeals for the District of Columbia determined that the intermediate scrutiny standard applied to consideration of the constitutionality of an assault weapons ban; and WHEREAS, the Heller II Court held that an assault weapons ban does not prohibit the possession of “the quintessential self-defense weapon”, to wit, the handgun citing Heller I, 554 U.S. at 629; and WHEREAS, a ban on certain semi-automatic rifles does not prevent a person from keeping a suitable and commonly used weapon for protection in the home 14 of 608 76-O-13 ~4~ or for hunting, whether a handgun or a non-automatic long gun. Heller II, citing Gary Kleck and Marc Gertz, Armed Resistance to Crime: The Prevalence and Nature of Self- Defense with Gun, 86 J. Crim. L. & Criminology 150, 185 (1995); and WHEREAS, there is no published study which statistically indicates or demonstrates that assault weapons are well-suited to or preferred for the purpose of self-defense or sport, Id.; and WHEREAS, in fact, the United States Department of the Treasury in its Study on the Sporting Suitability of Modified Semi-automatic Assault Rifles 38 (1998) stated that semi-automatic assault rifles are not generally recognized as particularly suitable for or readily adaptable to sporting purposes; and WHEREAS, the modest burden of the assault weapons ban enacted in this ordinance, as an exercise of home rule authority expressly sanctioned by the Illinois General Assembly in House Bill 183, does not effectively disarm individuals or substantially affect their ability to defend themselves, and thus it is lawful under the intermediate scrutiny standard, Heller II supra; and WHEREAS, it is difficult to draw meaningful distinctions between the AR- 15 (the “civilian” version of the military’s M-16 rifle), which would be an “assault weapon” as defined in this ordinance, and the M-16, Heller II, citing Staples v. United States, 511 U.S. 600, 603 (1994); and WHEREAS, in Wilson v. The County of Cook, 2012 IL 112026, the Illinois Supreme Court held that certain enumerated characteristics such as “barrel shroud” or “protruding grip” were appropriate features that could define what an “assault weapon” was; and 15 of 608 76-O-13 ~5~ WHEREAS, in accordance with the holdings in the Heller II and Wilson cases, this ordinance provides standards and a reasoned basis to determine what is defined as an assault weapon and is therefore banned in the City of Evanston, and WHEREAS, on June 10, June 24, and July 8, 2013, the City Council held meetings in compliance with the provisions of the Illinois Open Meetings Act, considered the, statements, points and authorities made in the legislative Record, and received additional input from the public, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Title 9, Chapter 8 of the Evanston City Code of 2012, as amended, is hereby further amended and revised, to read as follows: 9-8-1: DEFINITIONS: “Assault weapon” means: (A) A semiautomatic rifle that has the capacity to accept a detachable magazine and has one or more of the following: (1) A handgun grip without a stock attached; (2) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; (3) A folding, telescoping or thumbhole stock; (4) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or (5) A muzzle brake or muzzle compensator; or a flash suppressor or grenade launcher. (B) A semiautomatic handgun that has the capacity to accept a detachable magazine and has one or more of the following: (1) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; (2) A folding, telescoping or thumbhole stock; 16 of 608 76-O-13 ~6~ (3) A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel; or (4) The capacity to accept a detachable magazine at some location outside of the pistol grip. A semiautomatic shotgun that has one or more of the following: (1) Only a pistol grip without a stock attached; (2) Any feature capable of functioning as a protruding grip that can be held by the non-trigger hand; (3) A folding, telescoping or thumbhole stock; or (4) An ability to accept a detachable magazine. (D) Any shotgun with a revolving cylinder. "Assault weapon" does not include any firearm that has been made permanently inoperable, or satisfies the definition of "antique firearm”, as defined in this Section 9-8-1. “Detachable magazine” means any ammunition feeding device, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge. “Muzzle brake” means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil. “Muzzle compensator” means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement. SECTION 3: Title 9, Chapter 8 of the Evanston City Code of 2012, as amended, is hereby further amended and revised, to read as follows: 9-8-14: ASSAULT WEAPONS; SALE AND POSSESSION PROHIBITED; EXCEPTIONS (A) No person, in the City of Evanston, shall sell, offer or display for sale, give, lend, transfer ownership of, possess or carry any assault weapon. This subsection shall not apply to: (1) The sale or transfer to, or possession by any peace officer, corrections officer, members of the armed forces of the United States; or the organized militia of this or any other state; to the extent that any such person is otherwise authorized to acquire or possess an assault weapon, and is acting within the scope of his/her duties; 17 of 608 76-O-13 ~7~ (2) Transportation of assault weapons if such weapons are broken down and in a nonfunctioning state and are not immediately accessible to any person. (B) Any person violating this Section shall be guilty of a misdemeanor and shall be fined not less than one thousand five hundred dollars ($1,500.00) and/or incarcerated for up to six (6) months for each offense. 9-8-15: CONFISCATION AND DISPOSITION OF ASSAULT WEAPONS (A) Any assault weapon possessed, sold or transferred in violation of Section 9-8-14 is hereby declared to be contraband and shall be seized and disposed of. Whenever any assault weapon is surrendered or confiscated pursuant to this Section, the Evanston Police Department shall determine whether such assault weapon is needed as evidence or warrants further investigation and if the same is not needed as evidence, it shall be destroyed. (B) A record of the date and method of destruction the assault weapon so destroyed shall be maintained. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance shall be in full force and effect as of July 9, 2013. 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. SECTION 7: 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. 18 of 608 76-O-13 ~8~ Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 19 of 608 International Association of Chiefs of Police Position Paper on Firearm Violence The International Association of Chiefs of Police (IACP), an organization of law enforcement executives from around the globe, has long held positions intended to reduce and prevent firearms violence. As police chiefs, it is our duty to protect and serve our communities and display the leadership needed to ensure public safety. The persistent and pernicious problem of gun violence impacts communities across the United States on a daily basis. Ranging from random shootings and suicides to retaliatory assaults and targeted mass killings, violence committed with firearms universally challenges law enforcement and taxes resources. This insidious problem requires law enforcement to lead a new, coordinated, and dedicated response involving citizens, elected leaders, lawmakers, and the entire criminal justice system In the years since the terrorist attacks of 2001, over 300,000 American lives have been lost to gun violence. We are clearly facing a crisis. In response, the IACP has long advocated for the adoption of common sense policies that will assist in reducing gun violence. These proposals are drawn from the policy positions adopted by the 21,000 members of the IACP over the past several years. Armor Piercing Ammunition The IACP supports legislation and policies that will prohibit the sale or transfer of armor piercing ammunition. In addition, the IACP believes that the process utilized to determine whether a round of ammunition is armor piercing should include performance based testing conducted by the Bureau of Alcohol, Tobacco and Firearms. Assault Weapons Ban First passed in 1994, the assault weapons ban required domestic gun manufacturers to stop production of semiautomatic assault weapons and ammunition magazines holding more than ten rounds except for military or police use. While the ban was in place, it was remarkably effective in 20 of 608 2 | Page reducing the number of crimes involving assault weapons. In the period of the ban, (1994-2004) the proportion of assault weapons traced to crimes fell by a dramatic 66 percent. Assault weapons are routinely the weapons of choice for gang members and drug dealers. They are regularly encountered in drug busts and are all too often used against police officers.. The IACP has been a strong supporter of the assault weapons ban since 1992, and our membership has approved several reauthorizations of support in the years since. The membership took this action because we, as law enforcement executives, understand that semiautomatic assault weapons pose a grave risk to our officers and the communities they are sworn to protect. Body Armor The IACP supports legislation to prohibit the mail order sale of bulletproof vests and body armor to all individuals except sworn or certified law enforcement officers. In recent years, the safety of law enforcement officers has often been compromised due to the possession of body armor and bulletproof vests by the criminals they were attempting to apprehend. The IACP believes that the sale, transfer, or acquisition of these items should be conducted in person in order to make it more difficult for criminals to acquire and use these items while committing crimes of violence. Concealed Weapons The IACP continues to oppose any federal legislative proposals that would either pre-empt and/or mandate the liberalization of individual states’ CCW laws pertaining to the carrying of concealed weapons in other states without meeting that state’s requirements. This applies to private citizens as well as active, former, and/or federal, tribal, state and local law enforcement personnel. IACP believes it is essential that state governments maintain the ability to legislate concealed carry laws that best fit the needs of their communities. Firearms Enforcement The IACP urges Congress to increase resources to better allow state, local and tribal law enforcement agencies and the Department of Justice to enable greater prosecution of individuals for Brady Act violations. In addition, the IACP supports firearms enforcement programs that involve local, state and federal agencies, such as Project Safe Neighborhoods and Project Exile, which have shown significant reductions in firearms-related violent crime. 21 of 608 3 | Page Firearms Offender Registry The reduction of firearms-related violent crime has been and continues to be a major goal of IACP. Studies have shown that firearm offenders have a higher recidivist rate for committing other firearms-related violent crime with firearms than the rate for sexual offenders. Therefore, the IACP supports creating a federal registry, similar to the sexual offender registry, for offenders who have been previously convicted of a felony firearm violation or a misdemeanor that involved violent or threatening acts with firearms. At little cost, this registry would have great benefit toward preventing and investigating a myriad of violent crimes, as well as establishing a computerized list of dangerous offenders that could be utilized as a notification system to alert officers of potential danger. Firearm Purchase Waiting Period The IACP has gone on record supporting a waiting period for the purchase of a handgun. In the past, waiting periods have not only served as time for a thorough background investigation, but also as an informal cooling off period for handgun purchasers. However, the time needed to perform most background checks has become obsolete due to transition to the National Instant Check Background System (NICS). Nevertheless, the IACP believes there must still be a cooling off period in place before an individual can purchase a handgun. Therefore, the IACP supports legislation to create a mandatory five-day waiting period prior to the completion of a handgun purchase. Gun Show Loophole The federal Gun Control Act of 1968 stipulates that individuals “engaged in the business” of selling firearms must possess a Federal Firearms License (FFL). Holders of FFLs are required to conduct background checks and maintain a record of all their firearm sales. Certain gun sales and transfers between private individuals, however, are exempt from this requirement. Those who would fail a background check can access firearms through these sources. Unlike an FFL, the seller is not required to conduct a background check to determine whether the purchaser is prohibited from purchasing and possessing a gun. Federal, state, local and tribal laws should be enacted to close these loopholes. If all gun sales proceed through an FFL, a single, consistent system for conducting gun sales, including background checks, will be established. The laws we have in place to ensure gun purchasers go through FFLs are undermined by oversights in the law that allow individuals prohibited from owning firearms to obtain weapons at events such as gun shows without undergoing a background check. The IACP calls on Congress to act swiftly to close these loopholes and preserve the effectiveness of the laws in place. 22 of 608 4 | Page Illegal Firearms Trafficking/Firearms Tracing The IACP opposes any legislation that would limit or reduce the ability of our nation’s law enforcement agencies to combat the sale of illegal guns. The IACP believes that the ability to trace illegal firearms effectively plays a critical role in law enforcement’s ability to protect communities from the scourge of firearms violence. The IACP is opposed to the “Tiahrt Amendment” restricts the ATF’s ability to share vital gun trace information with its state and local counterparts, which severely limits the ability of those agencies to conduct critical investigations designed to identify and apprehend corrupt firearms dealers and the traffickers they supply. The IACP strongly believes that these provisions, and others like them, put our citizens and our officers at risk. Therefore, the IACP strongly supports efforts to repeal the Tiahrt amendment and any piece of legislation containing provisions that would weaken law enforcement’s ability to trace illegal firearms. Juvenile Crime Firearms Disability The IACP believes that juveniles must be held accountable for their acts of violence. Therefore, the IACP supports the passage of legislation, sometimes referred to as Juvenile Brady, which would permanently prohibit gun ownership by an individual, if that individual, while a juvenile, commits a crime that would have triggered a gun disability if their crime had been committed as an adult. 23 of 608 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Tuesday, April 16, 2013 The Town meeting will convene at 7:00 p.m. followed immediately by the City Council meeting Roll Call: Trustee Fiske Trustee Holmes Trustee Braithwaite Trustee Tendam Trustee Wynne Trustee Grover Trustee Wilson Trustee Rainey Absent: Trustee Burrus Annual Town Meeting was called to order at 7:05 pm by the Township Clerk, who then asked all to stand for the pledge of allegiance to the flag. He then did a Roll Call of the Trustees to testify to having a quorum, and then read the announcement that was submitted to the newspaper. He asked for a nomination for the Moderator, after he had explained who could be the Moderator. Trustee Rainey nominated Trustee Holmes and it was seconded and since there were no other nominations the nominations were closed and a voice vote was called for which was unanimous. Trustee Holmes was then sworn in as the Moderator as she also signed the Moderator’s Oath. Moderator Holmes asked for a motion to approve the minutes of the 2012 Annual Township meeting, and it was moved by Trustee Grover and seconded. Sharon Eckersall stated the Mayor was listed as a Trustee and she is not a Trustee of the Township. With that statement the Township Clerk stated to his knowledge the Supervisor was to be on the Trustee Board but relinquished her responsibility to be on the board. Pat Vance, Township Supervisor stated because we are a coterminous entity the Mayor was a Trustee due to the fact she is the Mayor. Grant Farrar, City Attorney stated due to the Code and because we are a coterminous entity the Mayor assumes the position of a Trustee because she is the head of the City Council and so it is befitting for her to be on the Dias as a Trustee. Moderator Holmes asked the Township Clerk to give the financial report. Clerk Greene gave a reader’s digest version of the Township Treasurer’s report. This report will be as an attachment to the minutes. Moderator Holmes motioned to accept the financial report 24 of 608 MINUTES April 16, 2012 Page 2 of 5 and it was moved and seconded, by a voice vote that was unanimous was accepted and approved. The Honorable Pat Vance came forward to give the Annual Report of the Township. She stated the Township was in good financial status. She stated the three basic functions the Township is charged with and they are: 1) The GA Funds for the indigenous citizen; 2) The assessment of real property, and 3) The maintenance of bridges and roads outside of Federal, State and other Local jurisdictions. The Mayor then expressed her appreciation for the good work Ms. Vance has done over the years and she invited her to take on the General Assembly as she handed her a token of the Council’s appreciation (a bouquet of flowers). Trustee Grover thanked her for the assistance she gave to the Mental Health Board. Trustee Rainey spoke of her association with Pat and her commitment to social services taught her how to work in the community. Trustee Braithwaite expressed his appreciation of her help in enlightening him to the functions of the Township. Trustee Holmes stated her appreciation of the services she has provided to the community, and was honored to be the Moderator for her last night as Township Supervisor. The AKA President of the Delta Ki Omega Chapter also gave honor to Pat Vance with the AKA members who were there standing with her as they presented Ms. Vance with a token of their appreciation with a bouquet of flowers and a written statement she read. Moderator Holmes then called upon the Township Assessor, Bonnie Wilson to give her Assessor’s Report. Ms. Wilson stated this was her last meeting before leaving office, and she explained how and why she ran for the office the first time. She also gave a background report on the advances she accomplished while serving the community, as well as the classes she took to qualify for the office of Assessor. Her report will be an attachment of these minutes for future reviewing. Citizen Comments: Sharon Eckersall asked if in the future will there be a separation of the Township Board of Trustees and the City Alderman, and so she would like to be involved with the process. Junad Rizki stated his disgust with the City Alderman acting as Township Trustees. He stated they sit praising Township officials when in essence they want to abolish the Township Government. He also stated the misuse of funds by the City and how will the City be able to serve the Township when it is abolish. Michelle Lacy a member of Alpha Kappa Alpha Sorority and of the CDBG committee who also wanted to thank Pat Vance for her work as Township Supervisor. Morton Soto spoke of including renters of co-ops in the Residential Landlord Tennant Ordinance. He was informed that this was the Township and he should talk during the Council session. He was then instructed by the Moderator and the Mayor to continue, but he stated he would come back for the Council Session. Priscilla Giles she came to speak on the support of maintaining the Township, because of the services that the mentally, economically and physically challenged people who were at one time productive residents, who now need the help and service the Township provide. She also read a poem and asked the Council if they would also be building bridges for the needed in the Township. 25 of 608 MINUTES April 16, 2012 Page 3 of 5 Moderator Holmes then asked for a motion to set the next annual meeting for 2014 which will fall on Tuesday, April 8th the motion was made and seconded and with a unanimous voice vote the date was set. Since there was no further business a motion to adjourn as the Township was made and seconded. The meeting was adjourned by a unanimous voice vote. After a short recess the Trustees return to the Council Chamber as the Aldermen for the City Council to deal with City Agenda issues. Roll Call revealed a quorum of 8 Aldermen being present to conduct the business of the Council. Mayor Public Announcements and Proclamations: April is National Code Enforcement Officer Appreciation Month Municipal Clerk’s Week is May 5th – 11th Mayor Tisdahl read the proclamation for Evanston’s 911 Communication Center Week – April 14-20, 2013. After reading the proclamation Mayor Tisdahl asked those members from the Communication Center present to come forward and accept the Proclamation, and to have a photo op. City Manager Public Announcements: City Manager had no announcements. Communications: City Clerk City Clerk had no communications. Citizen Comment: Junad Rizki, 1227 Sheridan spoke on items 1 and 4 and the estimated bills because of broken meters and the public should be informed. The lights placed for the bike path is unnecessary spending. Susan Monroe, 1316 Maple representing Walk and Roll and spoke in favor of the bike corrals, but should place them somewhere else in the Downtown area so that parking spaces are not lost. Ted Mabroskas, owner of Giordano’s Pizza and the property owner of 518 Davis. He spoke of the loss of parking spaces on Davis Street and asked the Council to reconsider. Natalie Watson, 820 Oakton came to support the bike corral and wish there were more around the City, but does not agree with having EAC to help subsidize the project. BK Rao, 2246 Sherman responses were read by her daughter and she was against the Trustees action for the abolishment of the Township and suggested the Aldermen to perform their duties as the Council. Padma Rao, 2246 Sherman accused the Council and Mayor of being bigots, hypocrites dictators, irresponsible, and heartless. She continues to speak of the Kendall issue and the tree destruction on that property, as well as the safety issue for the community. Alderman Grover was recognized by the Mayor to make comments after Ms. Rao had completed her comments. She (Alderman Grover) suggested that the Council’s rules does not allows comments to be presented by proxy, when there are alternative means. Ms. Rao stated the rules were already in place to not have Council members responding during citizen comment. She demanded that the Mayor censor the 8th ward Alderman, and the Mayor then stated she would at Ms. Rao’s request and then she called for the 26 of 608 MINUTES April 16, 2012 Page 4 of 5 next speaker. Bill Wanguard, 730 Noyes apt. J1 was once on the board of Woods before it went co-op for three years. He asked the Council to consider Co-operative tenant’s in the Landlord Tenant Ordinance to be exempted as well. He felt the City was wasting money on repairing the sidewalks with pavers. Mayor Tisdahl then had the City Manager respond to the citizen’s remarks. Pricilla Giles, 1829 Ashland stated she had fallen on the bricks. She was asking for monies that are used as a TIF could be diverted to assist senior citizens and handicapped person’s entrance to Fleetwood/Jourdain. Gordon Soto, 735 Noyes was asking the Council to look at the Landlord Tennant Ordinance so as to fairly represent all citizens in obtaining rental units. SPECIAL ORDERS OF BUSINESS (SP1)Approval of Contract with Water Resources Inc. for Automatic Meter Information System (RFP 13-04) Staff recommends City Council authorize the City Manager to execute an agreement for the Automatic Meter Information System with Water Resources Inc. (390 Sadler Ave., Elgin, IL) in the not-to-exceed amount of $2,277,317. Funding is provided over two years by the Water Fund, Capital Improvement Account (733101), with a FY 2013 budget allocation of $1,800,000 and a FY 2014 budget allocation of $600,000. For Action Alderman Rainey motioned for approval and it was seconded. She then gave her concerns of the contract. Roll Call vote was made and the result was 8-0 and the contract was approved. (SP2)Approval of 2013 Special Event Halloween Hustle 6K Run/Walk Staff recommends City Council consideration of the proposed Halloween Hustle Special Event. On March 18 the City Council approved the 2013 calendar of special events with the exception of the Halloween Hustle 6K Run/Walk along the Lakefront. Alderman Wynne requested more time for Council to consider this specific event. With a unanimous voice vote For Action The final decision was to approve the event with a unanimous voice vote. (SP3)Resolution 18-R-13: Bike Corral Agreement with Evanston Athletic Club Staff recommends approval of Resolution 18-R-13 authorizing the City Manager to sign the Bike Corral Parking Agreement with the Evanston Athletic Club (EAC) (1723 Benson Avenue, Evanston, IL) by which the City will install a bike corral by removing two metered parking spaces every year from April through November for the next 5 years. EAC will pay the City $2,000 every year for the term of the contract. For Action Alderman Wynne suggested to wait until additional information is received. The City Manager suggested to come back on the 22nd with alternatives measures. (SP4)Approval of Davis Street Improvement Project Staff recommends approval of the Davis Street Improvement Project. The proposed improvement plan for Davis Street from Asbury Avenue to Hinman Avenue 27 of 608 MINUTES April 16, 2012 Page 5 of 5 encompasses street resurfacing, streetscape and protected bike path. For Action Alderman Wilson moved to accept the proposal with the amendments and it was seconded. A Roll Call was made and resulted in 8-0 aye, so the motion passed. APPOINTMENTS (SP5)Board and Commission Appointments Recommend approval for the following appointments For appointment to: Public Safety Civil Service Commission Douglas Whitmore For reappointment to: Zoning Board of Appeals Beth McLennan These were motioned and seconded for approval and then with a unanimous voice vote the issue passed. Motion for adjournment was made by Alderman Wilson and seconded and the meeting ended at 10:10 pm. Submitted by, Hon. Rodney Greene, CMC 28 of 608 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Tuesday, May 28, 2013 Roll Call: Alderman Fiske Alderman Holmes Alderman Braithwaite Alderman Tendam Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Absent: Alderman Grover Presiding: Mayor Elizabeth B. Tisdahl The Regular Meeting of the City Council was called to order at 8:35 p.m. by Mayor Tisdahl on Tuesday, May 28, 2013 in Council Chamber. Mayor‟s Announcements and Proclamations Mayor Tisdahl first thanked Dave Davis for bringing this opportunity to Council‟s attention and then proclaimed June 20, 2013 as Business Event Day. She also thanked the Planning & Development Committee for their discussion of the three unrelated law and said Alderman Wilson‟s proposal is a good idea and glad it was sent on to the Plan Commission. She does however want one caveat put forward that no one has ever been evicted under the law and that we do plan to enforce the new law. Alderman Grover joined the meeting at 8:45 p.m. City Manager‟s Public Announcements City Manager Bobkiewicz introduced Santrice Martin, American Heart Association to present the Fit-Friendly Gold Achievement Worksite Award to the City‟s Health Department. Mr. Bobkiewicz then recognized Adelita Hernandez, who is leaving her job as Evanston‟s Citizen Achievement Coordinator, for all of her good work. She is moving on to Evanston Rotary International. Paul D‟Agostino, assistant director Parks & Forestry, announced that to address the challenges and opportunities related to the health of our City‟s tree population, the Park‟s & Forestry Division and the Openlands Branch of Evanston TreeKeepers will co- sponsor a free tree summit to save Evanston‟s urban forest. It will combine education and entertainment and take place on Saturday, June 22. Plans are being finalized for the event to take place at the Levy Center. Residents can call 3-1-1 or his assistant, Kelsey Atkinson for more information or with any questions. 29 of 608 6/20/2013 9:47 AM City Clerk Announcements: None Citizen Comment Timi Papas, Simpson St. read a statement from Marsha Bernston who could not be in attendance. The statement thanked the Mayor, City Council and Chief Eddington for sponsoring Resolution 27-R-13. Dickelle Fonda, Darrow Ave. spoke in favor of the ban on drones and urged Council to adopt Resolution 27-R-13. Junad Rizki, Sheridan Rd gave his opinion regarding creativity and plans for sale of Harley Clarke Mansion. SPECIAL ORDER OF BUSINESS (SP1) Resolution 34-R-13 Honoring Outgoing Township Supervisor Pat Vance City Clerk Rodney Greene recommends adoption of Resolution 34-R-13 acknowledging service of outgoing Evanston Township Supervisor Pat Vance. For Action Alderman Braithwaite read the Resolution. Motion was made and seconded to adopt. Approved by voice vote 9-0. CONSENT AGENDA ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 5/5/13 $2,619,382.07 (A2) City of Evanston Bills FY2013 5/29/13 $3,597,201.31 (A3.1) Approval of Single-Source Purchase of Leak Detection Equipment from Fluid Conservation Systems Staff recommends approval of a single-source purchase of water main leak detection equipment from Fluid Conservation Services (502 Technecenter Drive Suite B, Milford, OH) in the amount of $53,060. Funding is provided by the Water Fund, Account 7130.65702, with a FY 2013 budget of $60,000 for the purchase of leak detection equipment. For Action (A3.2) Approval of Contract with AVI Systems for New Camera, Mixer and Microphones for the City Council Chambers (Bid 13-33) Staff recommends that City Council authorize the City Manager to execute a contract with AVI Systems (621 Busse Rd., Bensenville, IL) for the purchase and installation of new video cameras, mixer and microphones in the amount of $43,167. Funding is provided by the PEG dedicated funds Account 1510.52181 from FY 2012 & 13. For Action 30 of 608 6/20/2013 9:47 AM (A3.3) Approval of Sole Source Purchase of Flashback 2 Video Recording System for Patrol Squad Cars from L3 Mobile-Vision, Inc. Staff recommends approval for the sole source purchase of twenty (20) Flashback 2 in-car video recording systems from L3 Mobile-Vision, Inc. (90 Fanny Rd., Boonton, NJ) in the amount of $50,100. Funding is provided by Patrol Operations Minor Equipment Account 2210.65085, with a total FY2013 budget of $52,290. For Action (A3.4) Approval of Renewal Agreement with Open Kitchens Inc. for the 2013 Summer Food Service Program (Bid 11-01) Staff recommends that City Council approve the renewal agreement for the 2013 Summer Food Service Program with Open Kitchens Inc. (1161 West 21st Street, Chicago, IL) in the not-to-exceed amount of $2.446 per lunch. Estimated total value of the food costs for the program are $86,500 . Overall budgeted expenses for the 2013 program are $115,092 which includes staffing seasonal salaries, Social Security, Medicare, advertising, program supplies, sanitation fees, health inspections and food costs. The estimated revenue is $103,000 to be reimbursed through the Federal Government program to revenue account 3050.53565. For Action (A3.5) Approval of Contract Award to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project, (Bid 13-16) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid for the 2013 Ecology Center Greenhouse Addition Project with Construction Consulting & Disbursement Services, Inc. (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $ 175,000. Funding is provided by FY2013 Capital Improvement Program (CIP) Account No. 415688 in the amount of $115,000.00 and the FY2013 CIP Amendment of $71,988 for a total allocation of $186,988. For Action OFF Consent Agenda (A3.6) Approval of Professional Consulting Services Contract with McGuire Igleski & Associates, Inc. for the 2013 Fire Station #2 Renovation Project (RFP 13-13) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Fire Station #2 Renovation Project to McGuire Igleski & Associates, Inc. (1330 Sherman Avenue, Evanston, IL) at a total cost of $22,527. Funding is provided by FY2013 CIP Amendment Account #415827 with a budget of $53,000. For Action (A3.7) Approval of Participation in a Joint Contract for Pavement Marking Staff recommends City Council approval to participate in a contract extension through the Suburban Purchasing Cooperative (SPC) for pavement marking services to apply thermoplastic marking materials at various locations throughout the City in support of the pedestrian safety program. Participation in this contract 31 of 608 6/20/2013 9:47 AM would not exceed $75,000. Funding is provided by the Capital Improvement Fund Account 415937.65515, which has $275,000 budgeted for signage and pavement striping for pedestrian safety. For Action (A3.8) Approval of Contract with Havey Communications for Emergency Lighting & Sirens (Bid 13-15) Staff recommends City Council authorize the City Manager to execute a one (1) year contract with three (3) one (1) year renewals with Havey Communications Inc. (28835 Herky Drive # 117, Lake Bluff, IL) for the purchase of emergency lighting, sirens and after-market products and services in the amount of $68,973.60. Funding is provided by the Equipment Replacement Fund 7780.65550 ($34,486.80) and the Fleet Maintenance Fund 7710.65060 ($34,486.80). For Action (A3.9) Approval of Eight (8) Vehicle Replacement Purchase for Evanston Police Department from Currie Motors Staff recommends City Council approval for the purchase of eight (8) replacement vehicles/units for the Evanston Police Department in the amount of $222,273.98 from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL), which is the Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner. Funding is provided by the Equipment Replacement Fund (7780.65550), and represents 12.5% of FY2013 budget for replacement vehicles and equipment. For Action (A3.10)Contract Extension with Golf Mill Ford Inc. for Ford Original Equipment Manufacturer (OEM) Parts (Bid 12-118) Staff recommends City Council approval of a one-year contract extension for the purchase of Ford Original Equipment Manufacturer (OEM) parts in the amount of $75,000 to Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL). Funding is provided by the Major Maintenance, Materials to Maintain Autos Account, 7710.65060. For Action (A3.11)Approval of Contract Award for 2013 Water Main Replacement & Street Resurfacing CIP Project One (Bid 13-40) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Water Main Replacement & Street Resurfacing CIP Project One with Glenbrook Excavating & Contracting Inc. (20389 Weiland Road, Prairie View, IL) in the amount of $1,998,898.26. Funding is provided by the Water Fund $1,328,251.29 (733086.65515); Sewer Fund $92,247.54 (7420.65515); and CIP Street Resurfacing Fund $578,399.43 (415857.65515). For Action 32 of 608 6/20/2013 9:47 AM (A3.12)Approval of Single Source Contract with Schaefer Consulting for Data Conversion Services Staff recommends City Council authorize the City Manager to execute a single- source contract for data conversion service with Schaefer Consulting (34179 Golden Lantern #105, Dana Point, CA) in the amount of $36,000. Funding is included as a part of the total funding cost for the New World System under the contingency for “additional implementation services above the minimum proposed by New World Systems.” Funding will also be provided through salary savings from the retirement of the Database Administrator position. For Action (A4) Approval of Approval of Change Order No. 1 for Utility Billing Print and Mailing Services (Bid 10-32) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 1 to the agreement with Third Millennium Associates, Inc. (4200 Cantera Drive, Suite 105, Warrenville, IL), for the Utility Billing Print and Mailing Services (Bid 10-32), increasing the amount of the contract by $5,000 and extending the contract completion date by 62 days. Funding is provided by the Water Fund Account 7125.62455 in the amount of $3,000, and by the Sewer Fund Account 7400.62455 in the amount of $2,000. For Action (A5) Approval for Acceptance of the Tiny House Donation Staff recommends that the City Manager be authorized to execute an agreement with Northwestern University to accept the donation of the Tiny House for educational purposes. For Action OFF Consent Agenda (A6) Resolution 30-R-13, Appointing Directors to the Solid Waste Agency of Northern Cook County (SWANCC) Staff requests adoption of Resolution 30-R-13 appointing the City of Evanston‟s 2013-2015 Director and Alternate Director to SWANCC. For Action (A7) Resolution 35-R-13, Authorizing the Mayor to Execute a Highway Authority Agreement and Addendum with Ventura Realty, Ltd. Staff recommends approval of Resolution 35-R-13 authorizing the Mayor of the City of Evanston to execute a Highway Authority Agreement and an Addendum thereto with Ventura Realty, Ltd. For Action (A8) Ordinance 42-O-13; Authorizing Sale of Surplus Property Staff recommends that City Council authorize the City Manager to publicly offer for sale various vehicles and equipment owned by the city through public auction based on Ordinance 42-O-13 through Manheim Auction Service (550 S. Bolingbrook Drive, Bolingbrook, IL). The vehicles are presently out of service. This ordinance was introduced at the May 13, 2013 City Council meeting For Action 33 of 608 6/20/2013 9:47 AM PLANNING AND DEVELOPMENT (P1) Approval of Community Partners for Affordable Housing HOME Application The Housing and Homelessness Commission and staff recommend the approval of a $277,685 forgivable HOME loan to Community Partners for Affordable Housing (CPAH) for the acquisition and rehabilitation of two housing units for rental that is affordable for households whose incomes do not exceed 60% of the area median income. Funding is provided by the HOME fund, which currently has a balance of approximately $640,000 in HOME entitlement funds. For Action (P2) Ordinance 36-O-13 Amending the Zoning Ordinance to Rezone 1715 Church Street, 1703 Darrow Avenue and 1711 Darrow Avenue from I2 to MXE The Plan Commission and City staff recommend approval of Ordinance 36-O-13, a map amendment to rezone the property commonly known as 1715 Church Street & 1703 Darrow Avenue (PIN 10-13-221-019) and 1711 Darrow Avenue (PIN 10-13-221-018) from the I2 General Industrial District to the MXE Mixed Use Employment District. For Introduction (P3) Ordinance 37-O-13 Amending the Zoning Ordinance to Rezone 2153, 2143 & 2145 Ashland Avenue, 1515 & 1523 Payne Street, and 2150 & 2156 Green Bay Road from C2 to MXE The Plan Commission and City staff recommend approval of Ordinance 37-O-13, a map amendment to rezone the properties commonly known as 2153 Ashland Avenue (PIN 10-12-416-006); 2143 & 2145 Ashland Avenue (PIN 10-12-416- 008); 1523 Payne Street (PIN 10-12-416-009); 1515 Payne Street (PIN 10-12- 416-010); 2150 Green Bay Road, (PIN 10-12-416-016 & 10-12-416-017); and 2156 Green Bay Road (PIN 10-12-416-011, 10-12-416-012, 10-12-416-018, 10- 12-416-015) from the C2 Commercial District to the MXE Mixed Use Employment District. For Introduction (P4) Ordinance 53-O-13 Granting a Special Use for a Resale Establishment at 1104 Davis Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 53-O-13 granting a special use permit for a Resale Establishment for office furniture at 1104 Davis Street called Not Fade Away. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. For Introduction (P5) Ordinance 50-O-13; Amending Various Portions of the City Code in order to Regulate Vacation Rentals as a Type of B&B Establishment Staff requests consideration of Ordinance 50-O-13, which would regulate vacation rentals as a subset of B&B establishments. Consequently, any vacation rental could operate only pursuant to a Special Use permit issued by the City 34 of 608 6/20/2013 9:47 AM Council after recommendation from the ZBA. This ordinance was introduced at the May 13, 2013 City Council meeting and returned to Planning and Development Committee for further amendment. For Action OFF Consent Agenda (P6) Ordinance 46-O-13; Amending the Zoning Ordinance to Allow Yard Waste Transfer Facilities as Special Uses in the I3 District. The Plan Commission and City staff recommend approval of proposed Ordinance 46-O-13 amending the Zoning Ordinance to allow yard waste transfer facilities as special uses in the I3 General Industrial District. The P&D Committee held Ordinance 46-O-13 in committee at its meeting of April 22, 2013, at the request of 9th Ward Alderman Coleen Burrus. This ordinance was introduced at the May 13, 2013 City Council meeting For Action (P7) Ordinance 47-O-13; Amending the Zoning Ordinance to Allow Commercial Indoor Recreation as a Special Use in the I2 District Staff recommends approval of ordinance 47-O-13 as amended and introduced by City Council on April 22, 2013. The ordinance as amended retains the term “Commercial” in the zoning use and definition for “Commercia l Indoor Recreation,” as currently defined in Section 6-18-3 of the Zoning Ordinance. At the May 13, 2013 City Council meeting this agenda item was held for the May 20, 2013 meeting. On May 20, 2013 this ordinance was continued to the May 28, 2013 meeting. For Action HUMAN SERVICES (H1) Resolution 27-R-13; Authorizing the City to Establish a Moratorium on the Use of Unregulated Drone Technology On May 6, 2013, the Human Services Committee unanimously recommended approval of Resolution 27-R-13. This resolution was held at the May 13, 2013 City Council meeting. For Action APPOINTMENTS (APP1)For Appointment to: Library Board Patel Vaishali Motion made and seconded to approve Consent Agenda. Passed on voice vote 9-0. 35 of 608 6/20/2013 9:47 AM ITEMS FOR DISCUSSION (A3.5) Approval of Contract Award to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project, (Bid 13-16) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid for the 2013 Ecology Center Greenhouse Addition Project with Construction Consulting & Disbursement Services, Inc. (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $ 175,000. Funding is provided by FY2013 Capital Improvement Program (CIP) Account No. 415688 in the amount of $115,000.00 and the FY2013 CIP Amendment of $71,988 for a total allocation of $186,988. For Action Off Consent Agenda. Will go back to the next scheduled Administration & Public Works Committee meeting. (A5) Approval for Acceptance of the Tiny House Donation Staff recommends that the City Manager be authorized to execute an agreement with Northwestern University to accept the donation of the Tiny House for educational purposes. For Action OFF Consent Agenda. Alderman Grover moved to accept the donation of the Tiny House. It was seconded. Approved by vote 8-0: Alderman Alderman Burrus recused herself. (P5) Ordinance 50-O-13; Amending Various Portions of the City Code in order to Regulate Vacation Rentals as a Type of B&B Establishment Staff requests consideration of Ordinance 50-O-13, which would regulate vacation rentals as a subset of B&B establishments. Consequently, any vacation rental could operate only pursuant to a Special Use permit issued by the City Council after recommendation from the ZBA. This ordinance was introduced at the May 13, 2013 City Council meeting and returned to Planning and Development Committee for further amendment. For Action OFF Consent Agenda. Will go back to Planning & Development Committee for amendments and then back to Council meeting on June 10, 2013. (P7) Ordinance 47-O-13; Amending the Zoning Ordinance to Allow Commercial Indoor Recreation as a Special Use in the I2 District Staff recommends approval of ordinance 47-O-13 as amended and introduced by City Council on April 22, 2013. The ordinance as amended retains the term “Commercial” in the zoning use and definition for “Commercial Indoor Recreation,” as currently defined in Section 6-18-3 of the Zoning Ordinance. At the May 13, 2013 City Council meeting this agenda item was held for the May 20, 2013 meeting. On May 20, 2013 this ordinance was continued to the May 28, 2013 meeting. For Action OFF Consent Agenda. Alderman Fiske moved to approve for action, it was seconded. Alderman Wilson has reservations on the use of the term „commercial‟ and proposes a phrase be added to the end of the definition of Section 2 to read “for purposes of this definition, the term “commercial purpose” as defined in this section shall not apply”. Motion was seconded. After some comments from other Aldermen, Alderman Rainey moved to hold this item, including the move to amend to the next meeting. It was seconded. 36 of 608 6/20/2013 9:47 AM HUMAN SERVICES (H1) Resolution 27-R-13; Authorizing the City to Establish a Moratorium on the Use of Unregulated Drone Technology On May 6, 2013, the Human Services Committee unanimously recommended approval of Resolution 27-R-13. This resolution was held at the May 13, 2013 City Council meeting. For Action OFF Consent Agenda. Several aldermen expressed their opinions on this item. Passed by voice vote 5-4. Alderman Wilson made a motion to overrule the “hold” on item P7, 47-O-13 and it was seconded. After comments, questions and clarification from legal counsel, motion failed in a voice vote 4-5. Call of the Wards Ward 1 – Alderman Fiske: noted that her next ward meeting would be Tuesday, June 4 at the library from 7-9 pm; she mentioned the article in today‟s Daily Northwestern regarding the university‟s housing policy. She feels it‟s time to have some serious discussion with the university to fully understand how their policy might affect properties in the City. She then asked staff to take a look at doing that; she also wanted to remind everyone that even though at least 120 trees were removed to allow an emergency vehicle access road at the new campus parking garage we need to be serious about all of our trees Ward 2 – Alderman Braithwaite: no report Ward 3 – Alderman Wynne: no report Ward 4 – Alderman Wilson: no report Ward 5 – Alderman Holmes: no report Ward 6 – Alderman Tendam: no report Ward 7 – Alderman Grover: no report Ward 8 – Alderman Rainey: she thanked those on Council who voted to not overrule the motion to hold earlier in the evening. Ward 9 – Alderman Burrus: she is concerned that non-Evanston residents are being given priority for the Dempster Street boat selection process and asked Human Services to check into that process. Alderman Wilson made a motion to convene into Executive Session. It was seconded. Meeting adjourned at 9:45 p.m Respectfully submitted by Elaine Autwell, Deputy City Clerk 37 of 608 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 10, 2013 Roll Call: Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Presiding: Mayor Elizabeth Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 8:59 pm after a Roll Call provided a quorum. Mayor Public Announcements and Proclamations Mayor Tisdahl had no announcements or proclamations. City Manager Public Announcements City Manager Bobkiewicz had no announcements. Communications: City Clerk Clerk Greene had no communications. Citizen Comment: Speaking on item SB183 Concealed Gun. Jerry Specht, 9342 Lincolnwood Drive requested that Governor Quinn veto HB 183 concerning concealed guns which has defects concerning gun regulations. He suggested that Evanston should proactively create an ordinance prohibiting the ownership of assault weapons except for Police and law enforcement officials. Jacquie Axe, 3030 Isabella St. is representing the Peace and Justice Committee of St. Luke’s Parish who are working to prevent gun violence and they are opposed to the bill waiting for Governor Quinn’s signature, she also gave the clerk a document prepared for as model for the City Council to consider in preparing an ordinance preventing assault weapons in Evanston. Marjorie Fujara, 343 Dewey is representing Moms Demand Action on Guns in America came to voice her opposition to house bill 183. She demanded that the Council formulate an ordinance to ban assault weapons in Evanston. 38 of 608 City Council Agenda June 10, 2013 Page 2 of 11 2 Eileen Heineman, 1215 Church St (YWCA) she too spoke against the concealed gun bill. She encourages the Council to give clear direction and information of the signs that will be needed to place on buildings of businesses and residential homes forbidding concealed guns on their premises. Non-Agenda speakers: Howard Handler, 450 Skokie Blvd, Northbrook, spoke on the ordinance dealing with the rental ordinance and commended the committee on their efforts to include everyone fairly. Junad Rizki, 2234 Sheidan was very distressed with Wally bringing forward items that do not make any sense, especially the selling of zoning. He finally questioned the faulty water meters that have not been addressed as of yet. Tiffany Rice, 1729 Chancellar came to dissimulate information concerning the “1st Annual Dae Dae World Weekend” to commemorate the life of Dajae Coleman. The event will take place this Saturday, June 15, 2013 1 pm at the Mason Park. She also informed the Council and audience the fund raiser events that will be announced all summer. Jeanne Lindwall, 625 Library Place came to speak of the Evanston Arts Center. She encourages the Council to have a conversation with the community before they continue to proceed with their deal with a prospective client for the building. SPECIAL ORDER OF BUSINESS (SP1)Update on Status of State Gun Legislation, #B 183 At the request of Mayor Tisdahl, Corporation Counsel Farrar will provide an update on the status of Illinois House bill 183, as amended, and 7 th Circuit Order entered June 5, 2013. The Council gave instructions to the law department to pursue the formation of an attack weapons ordinance. Items not approved on Consent Agenda: (A3.5)Approval of Contract Award to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project, (Bid 13-16) Staff recommends that the City Council authorize the City Manager to execute a contract for the base bid for the 2013 Ecology Center Greenhouse Addition Project with Construction Consulting & Disbursement Services, Inc. (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $175,000. Funding is provided by FY2013 Capital Improvement Program (CIP) (Account No. 415688) in the amount of $115,000 and the FY2013 CIP Amendment of $71,988 for a total allocation of $186,988. This agenda item was held at the May 28, 2013 Administration & Public Works Committee meeting. For Action (A4)Resolution 36-R-13, Amendment of Grandmother Park Agreement Staff recommends adoption of Resolution 36-R-13 authorizing the City Manager to 39 of 608 City Council Agenda June 10, 2013 Page 3 of 11 3 amend the agreement with the Grandmother Park Initiative and CorLands to allow for the construction of the new Park at 1125 Dewey through the use of local vendors in a no-bid process. Grandmother Park Initiative (GPI) has raised the required revenue needed to complete. A total of $256,971 has been raised for this project including: $50,000 from the Economic Development Fund per the 2010 resolution ; $12,000 from CDBG funds as approved by the Housing and Community Development Act Committee; and $194,971 from GPI fund raising efforts. For Action (A9)Ordinance 63-O-13, Increasing the Number of Class B Liquor Licenses, Dow Escondido, LLC, d/b/a Hilton Orrington Staff recommends adoption of Ordinance 63-O-13, which amends Evanston City Code Section 3-4-6-(B), to increase the number of authorized Class B liquor licenses to eighteen (18), to permit issuance to Dow Escondido, LLC, d/b/a Hilton Orrington (1710 Orrington Ave). For Introduction (P7)Ordinance 60-O-13, Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Staff recommends adoption of Ordinance 60-O-13, granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. The Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and construction of the new coach house. For Introduction (A8)Ordinance 62-O-13, Reducing the Number of Class B Liquor Licenses After Management Change at The Orrington Hotel Staff recommends adoption of Ordinance 62-O-13, which amends Evanston City Code Section 3-4-6-(B), to decrease the number of authorized Class B liquor licenses to seventeen (17), because of a management change at The Orrington Hotel (1710 Orrington Ave). For Introduction (P8)Ordinance 47-O-13, Amending the Zoning Ordinance to Allow Commercial Indoor Recreation as a Special Use in the I2 District Staff recommends adoption of Ordinance 47-O-13, as amended and introduced by City Council on April 22, 2013. The ordinance as amended retains the term “Commercial” in the zoning use and definition for “Commercial Indoor Recreation,” as currently defined in Section 6-18-3 of the Zoning Ordinance. At the May 13, 2013 City Council meeting this agenda item was held for the May 20, 2013 meeting. On May 20, 2013 this ordinance was continued to the May 28, 2013 meeting. This ordinance was held again for the June 10, 2013 City Council meeting. For Action 40 of 608 City Council Agenda June 10, 2013 Page 4 of 11 4 (P9)Ordinance 50-O-13, Enacting a New Title 5, Chapter 9 of the City Code to Require the Licensing of Vacation Rentals Staff recommends adoption of Ordinance 50-O-13, as amended, which would enact a new Chapter 9 of City Code Title 5, “Housing Regulations.” The new Chapter 9 would require all vacation rental operators to obtain licenses from the City Council after recommendation from the P&D Committee. The P&D Committee introduced Ordinance 50-O-13 on May 13, 2013 and City Council returned it to committee for additional deliberation. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council meeting May 13, 2013 (M2) Approval of Minutes of the Regular City Council meeting May 20, 2013 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 5/19/13 $2,658,927.09 (A2) City of Evanston Bills FY2013 6/11/13 $2,735,378.71 Credit Card Activity for period ending April 30, 2013 $126,522.47 (A3.1)Approval of Contract with Alpha Paintworks, Inc. for Fire Hydrant Painting (Bid 12-127) Staff recommends that the City Council authorize the City Manager to execute the one- year contract extension for the Fire Hydrant Painting contract to Alpha Paintworks, Inc. (6316 N. Cicero Avenue, Chicago, IL) in the amount of $27,625. Funding is provided by the Water Fund (Account No. 7115.62230). For Action (A3.2)Approval of Contract with Schroeder & Schroeder, Inc. for the 2013 50/50 Sidewalk Replacement Project (Bid 13-41) Staff recommends that the City Council authorize the City Manager to execute a contract for the 2013 50/50 Sidewalk Replacement Project with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $157,206. The City share of project costs is provided by the Capital Improvement Program (Account No. 415864), in the amount of $100,000, with $57,206 provided by private funds. For Action (A3.3)Approval of Contract with R.N.O.W. Inc. for the Purchase of a Recycle Truck (Bid 13-38) Staff recommends that the City Council approve the purchase of one (1) 20-yard recycle truck to R.N.O.W. Inc. (8636R W. National Avenue, West Allis Wisconsin 53327) in the amount of $233,319. Funding is provided by the Equipment Replacement Fund (Account No. 7780.65550), with a total budget allocation of $2,036,733 in FY2013. For Action 41 of 608 City Council Agenda June 10, 2013 Page 5 of 11 5 (A3.4)Approval of Single Source Contract Award Recommendation to the Larson Equipment and Furniture Company for the Noyes Theater Seating Replacement Project Staff recommends that the City Council authorize the City Manager to execute a contract for the Noyes Theater Seating Replacement Project with the Larson Equipment and Furniture Company (403 South Vermont, Palatine, Illinois 60067) in the amount of $46,609. Funding is provided by the FY 2013 CIP (Account No. 415668), with a total budget allocation of $160,000. For Action (A5 )Resolution 37-R-13, Relating to Prevailing Wages for Public Works Projects Staff recommends adoption of Resolution 37-R-13, in order to comply with the provisions of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. (the “Act”). The Act requires that public entities establish prevailing wages in June of every year for certain laborers, workers, and mechanics. The Act also requires that contractors and subcontractors pay workers covered under the Act, who are employed on public works construction projects, a wage no less than the general prevailing rate of wages in the county where the work is performed. For Action (A6)Ordinance 52-O-13, Amending the City Code to Establish a Three-Way Stop at Lake Shore Blvd and Hamilton Street The Alderman of the Third Ward recommends the adoption of the proposed Ordinance 52-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Lake Shore Boulevard and Hamilton Street. Funding is provided by the General Fund budget Account No. 2670.65115, Traffic Control Supplies, which has $40,000 budgeted for FY 2013. For Introduction (A7)Ordinance 55-O-13, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends adoption of Ordinance 55-O-13 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Central Park Avenue and Main Street / Sheridan Road. This ordinance authorizes the City to borrow up to $1,894,000. The debt service will be paid from the Sewer Fund. For Introduction PLANNING AND DEVELOPMENT (P1)Approval of Sidewalk Café for Carmen’s Staff recommends approval of a first-time application for a sidewalk café permit for Carmen’s of Evanston, a Type #1 Restaurant (1241 Chicago Ave). For Action 42 of 608 City Council Agenda June 10, 2013 Page 6 of 11 6 (P2)Approval of Sidewalk Café for Forever Yogurt Staff recommends approval of a first-time application for a sidewalk café permit for Forever Yogurt, a Type #2 Restaurant (1739 Sherman Ave). For Action (P3)Approval of Sidewalk Café for Starbucks Staff recommends approval of a first-time application for a sidewalk café permit for Starbucks Coffee, a Type #2 Restaurant (1734 Sherman Ave). For Action (P4)Approval of One Year Extension of Approved Planned Development for 1915 1919 Grey Avenue Staff recommends approval a one year extension of the adopted Planned Development for the construction of a four unit building by Brinshore Development at 1915-1919 Grey Avenue. The Planned Development was adopted on June 12, 2011 and was previously extended for a one year period expiring on June 13, 2013. The applicant now requests an additional one year extension until June 13, 2014 to secure additional financing for the four unit development. Brinshore is seeking to leverage additional financing from non-City sources for the development. For Action (P5)Approval of Request for a Two Year Time Extension for the Planned Development Approved for 318-20 Dempster Street Staff recommends approval of the two year time extension request by the owner of 318- 20 Dempster for the planned development approved in 2008. The project and planned development are consistent with the goals of the Comprehensive Plan and the Historic Preservation Ordinance, each having special emphasis on adaptive reuse. For Action (P6)Ordinance 59-O-13, Granting a Special Use for a Type 2 Restaurant at 749 Chicago Avenue Staff recommends adoption of Ordinance 59-O-13, granting a special use permit for a Type 2 Restaurant (749 Chicago Avenue) called Dollop Coffee Co. & Hoosier Mama Pie Co. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals also recommends adoption of Ordinance 59-O-13 with conditions related to litter control, hours of operation and employee parking. For Introduction (P10)Ordinance 36-O-13, Amending the Zoning Ordinance to Rezone 1715 Church Street, 1703 Darrow Avenue and 1711 Darrow Avenue from I2 to MXE The Plan Commission and City staff recommend approval of Ordinance 36-O-13, a map amendment to rezone the property commonly known as 1715 Church Street & 1703 Darrow Avenue (PIN 10-13-221-019) and 1711 Darrow Avenue (PIN 10-13-221-018) from the I2 General Industrial District to the MXE Mixed Use Employment District. This ordinance was introduced at the May 28, 2013 City Council meeting. For Action 43 of 608 City Council Agenda June 10, 2013 Page 7 of 11 7 (P11)Ordinance 37-O-13, Amending the Zoning Ordinance to Rezone 2153, 2143 & 2145 Ashland Avenue, 1515 & 1523 Payne Street, and 2150 & 2156 Green Bay Road from C2 to MXE The Plan Commission and City staff recommend approval of Ordinance 37-O-13, a map amendment to rezone the properties commonly known as 2153 Ashland Avenue (PIN 10-12-416-006); 2143 & 2145 Ashland Avenue (PIN 10-12-416-008); 1523 Payne Street (PIN 10-12-416-009); 1515 Payne Street (PIN 10-12-416-010); 2150 Green Bay Road, (PIN 10-12-416-016 & 10-12-416-017); and 2156 Green Bay Road (PIN 10-12-416-011, 10-12-416-012, 10-12-416-018, 10-12-416-015) from the C2 Commercial District to the MXE Mixed Use Employment District. This ordinance was introduced at the May 28, 2013 City Council meeting. For Action (P12)Ordinance 53-O-13, Granting a Special Use for a Resale Establishment at 1104 Davis Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 53- O-13 granting a special use permit for a Resale Establishment for office furniture at 1104 Davis Street called Not Fade Away. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. This ordinance was introduced at the May 28, 2013 City Council meeting. For Action HUMAN SERVICES (H1)Approval of Township of Evanston Bills for May 2013 Township of Evanston Supervisor recommends the City Council to approve the Township of Evanston bills, payroll, and medical payments for the month of May 2013 in the amount of $198,910.52 For Action ECONOMIC DEVELOPMENT COMMITTEE Note: Staff has received five applications for a total $45,024 in requested grant funding through the Great Merchant Grants Program. Two additional business associations are expected to submit applications to be reviewed next month. The approved 2013 Fiscal Year Budget allocates $147,000 to business district improvements, of which $72,000 is for the Great Merchant Grants program. A brief cover memo is attached, which summarizes the program as a reference for the following agenda items O1 – O5. (O1)Approval of a Great Merchants Grant to the Central Street Business Association (CSBA) The Economic Development Committee and staff recommend approval of a Great Merchants Grant of $9,000.00 to the Central Street Business Association (CSBA). This 44 of 608 City Council Agenda June 10, 2013 Page 8 of 11 8 recommendation is contingent upon the CSBA providing Staff the required additional estimates for approved work. For Action (O2)Approval of a Great Merchants Grant to the Chicago-Dempster Merchants Association The Economic Development Committee and staff recommend approval of a Great Merchant Grant of $1,500.00 to the Chicago-Dempster Merchants Association (CDMA). This recommendation is contingent upon the CDMA providing Staff the required additional estimates for approved work. For Action (O3)Approval of a Great Merchants Grant to Dr. Hill Business Association The Economic Development Committee and staff recommend approval of a Great Merchants Grant of $9,000.00 to the Dr. Hill Business Association. For Action (O4)Approval of a Great Merchants Grant to Main Street Merchants Association The Economic Development Committee and staff recommend approval of a Great Merchant Grant of $9,000.00 to the Main Street Merchants Association. For Action (O5)Approval of a Great Merchants Grant to Evanston West End Business Association The Economic Development Committee and staff recommend approval of a Great Merchant Grant of $8,685 to the Evanston West End Business Association. For Action TRANSPORTATION AND PARKING COMMITTEE (O6)Ordinance 51-O-13, Amending Title 10, Chapter 8, Section 3, Relating to Wheel Tax for Disabled Veterans and Active Military The Transportation/Parking Committee recommends approval of 51-O-13, amending Title 10, Motor Vehicles and Traffic, Chapter 8, Section 3: Schedule of License Fees of the Evanston City Code. This Ordinance amends (B) Disabled Veterans by deleting the requirement to have a vehicle awarded in order to be qualified for a discounted rate, and to add (E) Active Duty Military Personnel: Any active duty service member and who makes application for a wheel tax license for one motor vehicle owned by the member shall not be required to pay the usual fee for such wheel tax license. For Action 45 of 608 City Council Agenda June 10, 2013 Page 9 of 11 9 RULES COMMITTEE (O7)Approval of Request for Funding for First Night Evanston The Rules Committee and staff recommend that the City Council authorize a grant of $10,000 for the 2013 First Night Evanston as part of the City’s celebration of the 150 th anniversary of its incorporation. Funding is provided by an allocation made in the FY 2013 City budget to support celebrations associated with the 150th anniversary celebration. For Action (O8)Approval of Closure of City Offices – Friday July 5, 2013 The Rules Committee and staff recommend that the City Council authorize the City Manager to close city offices on Friday July 5, 2013 in recognition of the 150th anniversary of the City’s incorporation and provide one floating holiday to employees who must work that day. For Action Alderman Rainey motioned for approval of the Consent Agenda and it was seconded . With A Roll Call vote of 9-0 the Consent Agenda was approved. Items for discussion: (A3.5)Approval of Contract Award to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project, (Bid 13-16) Staff recommends that the City Council authorize the City Manager to execute a contract for the base bid for the 2013 Ecology Center Greenhouse Addition Project with Construction Consulting & Disbursement Services, Inc. (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $175,000. Funding is provided by FY2013 Capital Improvement Program (CIP) (Account No. 415688) in the amount of $115,000 and the FY2013 CIP Amendment of $71,988 for a total allocation of $186,988. This agenda item was held at the May 28, 2013 Administration & Public Works Committee meeting. For Action Alderman Rainey stated this item was held in committee. (A4)Resolution 36-R-13, Amendment of Grandmother Park Agreement Staff recommends adoption of Resolution 36-R-13 authorizing the City Manager to amend the agreement with the Grandmother Park Initiative and CorLands to allow for the construction of the new Park at 1125 Dewey through the use of local vendors in a no-bid process. Grandmother Park Initiative (GPI) has raised the required revenue needed to complete. A total of $256,971 has been raised for this project including: $50,000 from the Economic Development Fund per the 2010 resolution ; $12,000 from CDBG funds as approved by the Housing and Community Development Act Committee; and $194,971 from GPI fund raising efforts. For Action Alderman Rainey stated this item was held in committee until the next meeting. 46 of 608 City Council Agenda June 10, 2013 Page 10 of 11 10 (A8)Ordinance 62-O-13, Reducing the Number of Class B Liquor Licenses After Management Change at The Orrington Hotel Staff recommends adoption of Ordinance 62-O-13, which amends Evanston City Code Section 3-4-6-(B), to decrease the number of authorized Class B liquor licenses to seventeen (17), because of a management change at The Orrington Hotel (1710 Orrington Ave). For Introduction Alderman Rainey motioned for suspension of the rules during the Consent Agenda reading. The Ordinance was moved and seconded for action and the Roll Call vote was 9-0. (A9)Ordinance 63-O-13, Increasing the Number of Class B Liquor Licenses, Dow Escondido, LLC, d/b/a Hilton Orrington Staff recommends adoption of Ordinance 63-O-13, which amends Evanston City Code Section 3-4-6-(B), to increase the number of authorized Class B liquor licenses to eighteen (18), to permit issuance to Dow Escondido, LLC, d/b/a Hilton Orrington (1710 Orrington Ave). For Introduction Alderman Rainey motioned for suspension of the rules during the Consent Agenda reading. The Ordinance was moved and seconded for action and the Roll Call vote was 9-0. (P7)Ordinance 60-O-13, Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Staff recommends adoption of Ordinance 60-O-13, granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. The Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and construction of the new coach house. For Introduction Alderman Wynne motioned for introduction and it was seconded, and with a Roll Call vote of 7-2 it was approved (Aldermen Wynne and Fiske voted nay). (P8)Ordinance 47-O-13, Amending the Zoning Ordinance to Allow Commercial Indoor Recreation as a Special Use in the I2 District Staff recommends adoption of Ordinance 47-O-13, as amended and introduced by City Council on April 22, 2013. The ordinance as amended retains the term “Commercial” in the zoning use and definition for “Commercial Indoor Recreation,” as currently defined in Section 6-18-3 of the Zoning Ordinance. At the May 13, 2013 City Council meeting this agenda item was held for the May 20, 2013 meeting. On May 20, 2013 this ordinance was continued to the May 28, 2013 meeting. This ordinance was held again for the June 10, 2013 City Council meeting. For Action Alderman Wynne motioned for approval with amendments and it was seconded and 47 of 608 City Council Agenda June 10, 2013 Page 11 of 11 11 passed with a 9-0 Roll Call vote. (P9)Ordinance 50-O-13, Enacting a New Title 5, Chapter 9 of the City Code to Require the Licensing of Vacation Rentals Staff recommends adoption of Ordinance 50-O-13, as amended, which would enact a new Chapter 9 of City Code Title 5, “Housing Regulations.” The new Chapter 9 would require all vacation rental operators to obtain licenses from the City Council after recommendation from the P&D Committee. The P&D Committee introduced Ordinance 50-O-13 on May 13, 2013 and City Council returned it to committee for additional deliberation. For Action Alderman Wynne motioned for approval with amendments and it was seconded and passed with a 7-2 Roll Call vote. Then with a motion to approve the original a Roll Call vote was 5-4 and the motion passed. Aldermen Wilson, Holmes, Tendam, and Burrus voted nay. Call of the Wards: Ward 2, Alderman Braithwaite had no report. Ward 3, Alderman Wynne had no report. Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes had no report. Ward 6, Tendam had no report. Ward 7, Alderman Grover announced the Northwestern Associated Student Government passed a resolution calling for meaningful regulation of unmanned aerial assistance which goes along with the City’s goal. Ward 8 Alderman Rainey had no report. Ward 9, Alderman Burrus announced on June 25th the Original Park District will begin a five week basketball league for ages 11-14. The Ridgeville Farmers Market is on Wednesday 3:30 – 7:00 pm, the 9th ward meeting will be on July 10th at the Levy Center. Ward 1, Alderman Fiske read a letter from a first ward resident to Dr. Shappiro complaining about various issues from Northwestern Students, and it also stated selling their home and moving out of Evanston, as well as resigning from a position of an Adjunct Professor. When asked for the letter Alderman Fiske refused to give it to the Clerk sense it was now public record due to her reading it during Council Session. Alderman Wilson motioned to convene into Executive Session to discuss Personnel and Litigation the Regular Meeting of the City Council ended at 10:10 pm. Submitted by, Hon. Rodney Greene, CMC/City Clerk 48 of 608 Rev. 6/20/2013 5:10:04 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, June 24, 2013 5:45 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 JUNE 10, 2013 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 6/2/13 $2,620,447.59 (A2) City of Evanston Bills FY2013 6/25/13 $2,245,896.49 (A3.1) Approval of Agreement with Infosend Inc. for Utility Bill Printing and Mailing Services (RFP 13-27) Staff recommends City Council authorize the City Manager to execute an agreement for Utility Bill Printing and Mailing Services for a two-year term with Infosend, Inc. (1406 Centre Circle Drive, Downers Grove, IL) in the not-to-exceed amount of $27,507.90. Funding for the first year of the contract will be in the not- to-exceed amount of $13,753.95, of which $7,000 will be provided by the Water Fund (7125.62455) and $6,753.95 will be provided by the Sewer Fund (7400.62455). For Action (A3.2) Approval of Maintenance Plan Agreement for Sherman Plaza The Parking/Transportation Committee and staff recommend approval to continue a maintenance agreement for Sherman Plaza that was established in 2006. The agreement covers the period of August 23, 2013 through August 22, 2014 for a maximum not-to-exceed amount of $115,000. Funding is provided by the Parking Fund, Account 7036.62660. For Action 49 of 608 Rev. 6/20/2013 5:10:04 PM (A3.3) Approval of Contract with Elanar Construction Company for the Firemen’s Park Renovation Project (Bid 13-39) Staff recommends that City Council authorize the City Manager to execute a contract for the base bid plus alternate bids 1, 2 and 3 for the Firemen’s Park Renovation Project with Elanar Construction Company (1739 Chestnut Avenue, #500, Glenview) in the amount of $ 255,400. Total funding of $315,000 is provided by FY2012 and FY2013 CDBG funds, FY2013 Capital Improvement Program (CIP) Account 415385, and Account 100.41333 (Nicor Park Easement). For Action (A3.4) Approval of Contract with Construction Consulting and Disbursement Services, Inc. for the 2013 Municipal Service Center ‘D’ Building Roof and Masonry Repair Project (Bid 13-29) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Municipal Service Center ‘D’ Building Roof and Masonry Repair Project with Construction Consulting and Disbursement Services, Inc. (CCDS) (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $39,300. Funding is provided by the FY 2013 CIP Account Number 415224 with a budget of $75,000. For Action (A3.5) Approval of Contract Award to A. Lamp Concrete Contractors Inc. for 2013 Water Main Replacement & Street Resurfacing Project II (Bid 13-45) Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Water Main Replacement & Street Resurfacing CIP 2 Project to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $1,568,320.50. Funding is provided by the Water Fund (733086.65515) in the amount of $982,262.50; Sewer Fund (7420.65515) in the amount of $81,980; and CIP Street Resurfacing Fund (415857.65515) in the amount $504,078. For Action (A4) Approval of Change Order No. 4 for Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74) Staff recommends that the City Council authorize the City Manager to execute Change Order No. 4 to grant a time extension of 153 calendar days, to the agreement with CDM Smith, Inc. (125 South Wacker Drive, Suite 600, Chicago, IL), for the Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74). There is no cost associated with this change order. For Action 50 of 608 Rev. 6/20/2013 5:10:04 PM (A5) Ordinance 58-O-13, Decreasing the Number of Active Class D Liquor Licenses, Wingstop[ Staff recommends City Council adoption of Ordinance 58-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty-one (21), because Wingstop, 2434 Main Street, stopped selling alcohol in January 2013 and does not intend to renew its liquor license. For Introduction (A6) Ordinance 64-O-13, Decreasing the Number of Active Class D Liquor Licenses, Siam Splendor Staff recommends City Council adoption of Ordinance 64-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty (20), because Vichida Corporation, d/b/a Siam Splendour, 1125 Emerson Street, is not renewing its Class D liquor license. For Introduction (A7) Ordinance 65-O-13, Increasing the Number of Class P-1 Liquor Licenses, Temperance Beer Company Staff recommends City Council adoption of Ordinance 65-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(P-1), as amended, to increase the number of authorized Class P-1 liquor licenses to one (1), to permit liquor license issuance to Temperance Beer Company, LLC, d/b/a Temperance Beer Company, 2000 Dempster Street. For Introduction (A8) Ordinance 68-O-13, Amending Class P-1 Liquor License Capacity Staff recommends City Council adoption of Ordinance 68-O-13, which amends Class P-1 by increasing the maximum quantity of craft beer permitted for on-site production and storage from 465,000 gallons to 930,000 gallons annually. This amendment mirrors measures recently adopted by the state legislature in HB 1573. For Introduction (A9) Ordinance 66-O-13, Authorizing Class N Liquor Licensees to Offer Tastings Staff recommends City Council adoption of Ordinance 66-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(N), as amended, to authorize Class N liquor licensees to offer tastings of alcoholic liquor. Class N liquor licenses are held by grocery stores including Jewel Osco, Dominick’s, Food 4 Less, Whole Foods, and Sam’s Club. For Introduction 51 of 608 Rev. 6/20/2013 5:10:04 PM (A10) Ordinance 67-O-13, Authorizing Class T Liquor Licensees to Offer Samples Staff recommends City Council adoption of Ordinance 67-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to authorize Class T liquor licensees to offer samples of beer brewed by the licensee. Class T is the City’s brewpub liquor license, and Smylie Bros. Restaurant and Brewery is the City’s only Class T licensee. For Introduction (A11) Ordinance 75-O-13, Increasing the Number of Active Class D Liquor Licenses, Kingston Grill Staff recommends City Council adoption of Ordinance 75-O-13, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses to twenty-one (21), to permit liquor license issuance to Kingston Grill Restaurant, Inc., d/b/a Kingston Grill, 1164 Dodge Ave. For Introduction (A12) Ordinance 56-O-13, Text Amendment to City Code Subsection 11-2-11-(B) to Correct Code Reference Staff recommends City Council adoption of Ordinance 56-O-13, which amends the text of Evanston City Code of 2012 Subsection 11-2-11-(B), as amended, to correct the Code reference regarding mailing notices of impending vehicle immobilization. For Introduction (A13) Ordinance 74-O-13 Amending the City Code to Establish a Three-Way Stop at Dewey Avenue and Washington Street The Alderman of the Ninth Ward recommends the adoption of proposed ordinance 74-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Dewey Avenue and Washington Street. Funding is provided by the Traffic Control Supplies Account 2670.65115, which has $40,000 budgeted for FY 2013. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 52 of 608 Administration and Public Works Committee Meeting Minutes of June 10, 2013 City Council Chambers – 5:45 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: P. Braithwaite, C. Burrus, J. Grover, D. Holmes, A. Rainey STAFF PRESENT: W. Bobkiewicz, B. Dorneker, R. Dahal, G. Farrar, D. Gaynor, L. Gergitz, L. Jeschke, S. Levine, M. Lyons, J. Maiworm, B. Newman, A. Porta, S. Robinson, D. Stoneback, M. Swentkofske, R. Voss PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF QUORUM A quorum being present, Chair Wynne called the meeting to order at 5:50 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF MAY 28, 2013 Ald. Burrus moved approval of the minutes of the May 28, 2013 A&PW meeting, seconded by Ald. Braithwaite. The minutes of the May 28, 2013 A&PW meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 5/19/13 $2,658,927.09 Ald. Grover moved to approve the payroll, seconded by Ald. Burrus. The Committee voted 5-0 unanimously to approve the payroll. (A2) City of Evanston Bills FY2013 through 6/11/13 $2,735,378.71 Ald. Grover moved to approve the bills list, seconded by Ald. Burrus. The Committee voted 5-0 unanimously to approve the bills list. Credit Card Activity through 4/30/13 $126,522.47 Ald. Grover moved to approve the credit card activity, seconded by Ald. Braithwaite. The Committee voted 5-0 unanimously to approve the credit card activity. DRAFT - NOT APPROVED 53 of 608 Administration and Public Works Committee Meeting Minutes of 6-10-13 Page 2 of 9 Chair Rainey called the public who wished to speak to the podium. Jon Arndt, Managing Director of Next Theater, 927 Noyes Street, said regarding seating for the Next Theater that it is their 33rd season at Noyes Art Center since its inception in 1981 and the seats are very old and in disrepair. Repairing the seats is very expensive and since the seats are out of date, parts are hard to find. In collaboration with Next Artistic Director, Jennifer Avery, Rob Anderson, Tim Rose, Artistic Director of Fleetwood Jourdain Theater and the Facilities Management staff they have found the best seats to provide comfort, accessibility, flexibility and the seats are a great investment for an artistic institution. Mr. Arndt said considering that Next Theater produces critically acclaimed theater that has merited national attention and thousands of people come to their shows each year, investment in the seats is worthwhile. Rob Andolman, 1218 Asbury, President of the Board of Directors of Next Theater said that Next Theater has earned 77 Jeff nominations and employed 125 artists last year. He said exciting things are happening at the Noyes Center and Next Theater attracted almost 8,000 patrons last year. They are a magnet destination artistically and economically for Evanston. They have been written up in the Sun Times, the Tribune, the Wall Street Journal and Time Out Chicago. Unfortunately, there is often mention of the uncomfortable seats. He thanked the Committee for their support. Virginia Beatty of 1509 Forest Avenue, said regarding the greenhouse addition at the Ecology Center, that she has seen the plans and it is not a greenhouse at all. She said it has many expensive components in the plans that she believes will make it more difficult to teach there. She asked why the door to the storage area was being removed and why there is climate control when the room opens to the outside. She said there is no point in having a floor drain if it is not a greenhouse, since the water will flow to the other rooms because the folding doors are not flush to the floor. She asked why there are aluminum windows that do not go all the way to the ground; the windows should follow the pattern of the existing windows. She said there has been a big increase in the usage of the ecology center and it is often packed. She suggested that the storage area be facing the parking lot to the west and not to have windows in it. She thanked the Committee. (A3.1) Approval of Contract with Alpha Paintworks, Inc. for Fire Hydrant Painting (Bid 12-127) Staff recommends that the City Council authorize the City Manager to execute the one-year contract extension for the Fire Hydrant Painting contract to Alpha Paintworks, Inc. (6316 N. Cicero Avenue, Chicago, IL) in the amount of $27,625. Funding is provided by the Water Fund (Account No. 7115.62230). For Action Ald. Burrus moved approval, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the contract. 54 of 608 Administration and Public Works Committee Meeting Minutes of 6-10-13 Page 3 of 9 (A3.2) Approval of Contract with Schroeder & Schroeder, Inc. for the 2013 50/50 Sidewalk Replacement Project (Bid 13-41) Staff recommends that the City Council authorize the City Manager to execute a contract for the 2013 50/50 Sidewalk Replacement Project with Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL 60076) in the amount of $157,206. The City share of project costs is provided by the Capital Improvement Program (Account No. 415864), in the amount of $100,000, with $57,206 provided by private funds. For Action Ald. Burrus moved approval, seconded by Ald. Braithwaite. At Ald. Braithwaite’s inquiry of how long the process will take, Raj Dahal, Senior Traffic Engineer, explained they will notify residents of the cost, send and invoice residents, and if they can pay, the work will start. Chair Rainey asked whether there was room on the list for additional sidewalks, to which Mr. Dahal said there is no more room on the list but they will look into any request. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.3) Approval of Contract with R.N.O.W. Inc. for the Purchase of a Recycle Truck (Bid 13-38) Staff recommends that the City Council approve the purchase of one (1) 20-yard recycle truck to R.N.O.W. Inc. (8636R W. National Avenue, West Allis, Wisconsin 53327) in the amount of $233,319. Funding is provided by the Equipment Replacement Fund (Account No. 7780.65550), with a total budget allocation of $2,036,733 in FY2013. For Action Ald. Grover moved approval, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.4) Approval of Single Source Contract Award Recommendation to the Larson Equipment and Furniture Company for the Noyes Theater Seating Replacement Project Staff recommends that the City Council authorize the City Manager to execute a contract for the Noyes Theater Seating Replacement Project with the Larson Equipment and Furniture Company (403 South Vermont, Palatine, Illinois 60067) in the amount of $46,609. Funding is provided by the FY 2013 CIP (Account No. 415668), with a total budget allocation of $160,000. For Action Ald. Grover moved approval, seconded by Ald. Braithwaite. 55 of 608 Administration and Public Works Committee Meeting Minutes of 6-10-13 Page 4 of 9 Ald. Grover said this is a great investment. It is a well-used theater with a great turnaround, a strong footing and a great future. She said she would also like to address the lobby, which is not welcoming. Ald. Rainey said the public needs to know they are removing the existing seats and will have a new configuration and a bigger performance area. Ald. Holmes said she had been there the previous Saturday night with Ald. Braithwaite and she agrees that the seats are a good investment. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.5) Approval of Contract Award to Construction Consulting & Disbursement Services, Inc. for the 2013 Ecology Center Greenhouse Addition Project, (Bid 13-16) Staff recommends that the City Council authorize the City Manager to execute a contract for the base bid for the 2013 Ecology Center Greenhouse Addition Project with Construction Consulting & Disbursement Services, Inc. (900 Skokie Boulevard, Suite 100, Northbrook, IL) in the amount of $175,000. Funding is provided by FY2013 Capital Improvement Program (CIP) (Account No. 415688) in the amount of $115,000 and the FY2013 CIP Amendment of $71,988 for a total allocation of $186,988. This agenda item was held at the May 28, 2013 Administration & Public Works Committee meeting. For Action Ald. Holmes moved approval, seconded by Ald. Braithwaite. Ald. Burrus asked, if they are not building a greenhouse, and it doesn’t require special drainage, why it wouldn’t be less expensive, to which Doug Gaynor, Director of Parks, Recreation and Community Services, replied that the project has evolved over the last 2 years but the name has not changed. Bob Dorneker, Assistant Director, Parks, Recreation and Community Services, explained that it will be more like a sunroom and will be used as a hands-on classroom for sustainability programs where activities such as growing plants and exploration of germination for pre- schoolers, and a beginning garden class for adults. Ald. Grover said it sounds more like a multi-purpose space and greenhouse is a mis- nomer. She thanked Ms. Beatty for her interest and said this space will expand the program. Ald. Burrus said for expanded space and storage of 450 sq. ft., $200,000 seems high. She asked whether the cost could be brought down and perhaps the money used to expand the programs. Ald. Rainey agreed, noting that that was Ms. Beatty’s concern. Stefanie Levine, Assistant Superintendent of Parks, Recreation and Community Services, explained that the space does not include the specialized features of a greenhouse; it is very standard building construction with the cement floor slightly 56 of 608 Administration and Public Works Committee Meeting Minutes of 6-10-13 Page 5 of 9 sloped to a drain in the floor, to be used for planting. The folding partition will separate the classroom from this space, but there is nothing unique about it. She said they used the 2nd to the lowest bidder. Ald. Rainey noted that it is not irrigated. Ald. Burrus said as a steward of public money the $200,000 proposed for a 450 sq. ft. space is a problem. She asked for an example of another project that cost this much, to which Ms. Levine said the renovation of the Civic Center washrooms costs about the same amount. Ald. Burrus argued that washrooms require plumbing retrofitting which is more expensive. Ms. Levine explained that they are building to commercial grade and the MWEBE requirement adds a $40,000 premium to the project. Higher wage rates are paid than for residential construction and overhead costs for the contractor are higher. She said the projection, preparation, storage, and cleanup cost the same as with a larger project. She added that they are also doing HVAC improvements. Suzette Robinson, Director of Public Works offered to go back and look at the design and scale back options. The Committee discussed the legal parameters of changing a project once a bid is accepted. Ald. Rainey suggested letting staff tweak the current contract if possible to make it more palatable. Ald. Burrus moved to hold the item in Committee so that the Directors of Public Works and Parks, Recreation and Community Service may revise the specs for the classroom addition, seconded by Ald. Grover. The Committee voted unanimously, 5-0, to hold the item in Committee. (A4) Resolution 36-R-13, Amendment of Grandmother Park Agreement Staff recommends adoption of Resolution 36-R-13 authorizing the City Manager to amend the agreement with the Grandmother Park Initiative and CorLands to allow for the construction of the new Park at 1125 Dewey through the use of local vendors in a no-bid process. Grandmother Park Initiative (GPI) has raised the required revenue needed to complete. A total of $256,971 has been raised for this project including: $50,000 from the Economic Development Fund per the 2010 resolution; $12,000 from CDBG funds as approved by the Housing and Community Development Act Committee; and $194,971 from GPI fund raising efforts. For Action Ald. Braithwaite moved approval, seconded by Ald. Grover. Ald. Burrus said the park is not needed. She asked why the economic development fund contributed money for a park since there is nothing economy-related near it. She said 24% of the cost is still coming from the City of Evanston, which was not part of the original agreement, and 25% of the funds to be raised are still outstanding pledges. She asked which grants are outstanding. She asked by what entity were the “expenses incurred” of $44,000 and for an explanation of the “parks foundation” and “initiative account.” 57 of 608 Administration and Public Works Committee Meeting Minutes of 6-10-13 Page 6 of 9 Chair Rainey explained that this resolution is not asking the City for more money, but is asking for a change in the use of the funds that were already granted. Mr. Lyons explained that the outstanding pledges of $62,000 are from the City, which does not pay until the park has raised all the other funds and the City pays directly to Openlands for the property. There is approximately $1,500 that was pledged subject to a match. Jennifer Allen Goldstein of Grandmother Park explained that regarding the Evanston Parks Foundation and Grandmother Park Initiative Accounts, explained that the Evanston parks foundation held contributions until a 501C3 was formed. Mr. Gaynor explained that they started having people donate to the Evanston Parks Foundation, which was established about 10 years ago, and is totally separate from the City and acts as a depository and do some fundraising for activities. In cultural arts, monies are deposited there temporarily and Grandmother’s Park did so until their 501C3 for could be formed. They are now depositing the monies from the Parks Foundation to the Grandmother Park Initiative Account. Monies must be approved by the Parks Foundation Board. Adam Findlayson of 1216 Darrow, explained that the $44,492 was based on $20,000 interest paid to land owner, Openlands, per their agreement and approximately $20,000 is for operating expenses such as a professional fund raiser, professional PR person, mailings and events. Ald. Braithwaite congratulated Grandmother’s Park for raising $200,000 in a d ifficult economic time. He thanked the Dewey Neighbors and the West End Bus Association for contributing to the success of the project. He also thanked Doug Gaynor, Marty Lyons and Stefanie Levine for helping make it possible. He noted that the money spent for the acquisition of the land will come back to the City at the completion of the project, $13,000 of which came from CDBG funds. He said the project will be an asset to the City. He explained that Resolution 36-R-13 is asking permission for the City Manager to negotiate thebid process. Dollars have been raised and they are ready to start the project. Ald. Grover said she is very glad to meet our end of the bargain we made in 2010 with the Grandmother’s Park Initiative. She is glad it is getting underway and it turned out as expected. Ald. Burrus said she is dismayed as to how the fund raising went about. It was not as up front and above-board as she would have liked, particularly on the government piece of it. She asked how much taxes the City is losing on this to which Mr. Findlayson said when there was a house there it was in the $8,000-$9,000 range but since the house burned down it would be re-assessed as an empty lot, adding that there is a competing vacant lot on the block that has been vacant for a number of years, so he does not believe it would be snatched up and built upon quickly. He clarified that the $50,000 from the City’s Economic Development fund came from an account called the Neighborhood Improvement Fund that was formed when the plaza was redeveloped in the late 90’s from tax money the plaza accumulated at $20,000/yr. They have used it for planters, sponsoring a soccer team one year, and re-did cul de sacs with it so it is not economic development fund money per se but it came out of the economic development committee negotiations. This is how they 58 of 608 Administration and Public Works Committee Meeting Minutes of 6-10-13 Page 7 of 9 were directed to request funds. Ald. Burrus argued that fund was empty and they had to transfer money into it to cover this contribution. Regarding the motion, Chair Rainey said she has no problem with other contractors from other communities, but she suggested a resolution that says only Evanston bidders can apply to bid to keep this project sacred. Braithwaite said the notion was to utilize Nature ’s Perspective as a partnership so it was difficult in looking at the current MOU for that to happen. They were looking for local contractors to get the project done. Rainey said they should eliminate many of the strange requirements but only include Evanston. Ald. Holmes said the bidding process should be open. Ald. Braithwaite said his concern was if the goal is to close the project this month and they have to move the construction date, they will incur more interest and asked how much time it will take to change the bid process. Ald. Rainey said when you come to the Committee with a resolution you have to assume it could take more time. Maybe some modification of the bid process would allow other people to submit bids. Mr. Lyons said they would also want to look at the vendors that were volunteering time. He will get the modified bid out, per the direction of City Council. There is a 70-page bid document already that could be modified starting immediately in hopes of trying to have 2013 construction. Ald. Grover said a modified bidding process will allow more flexibility and maybe Nature’s Perspective will land on the bottom. Chair Rainey suggested that Grandmother’s Park bring 3 bids by the next meeting. Ald. Braithwaite moved hold Resolution 36-R-13 until the next meeting where 3 bids will be presented by City staff, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to hold Resolution 36-R-13 to the next meeting, as stated. (A5) Resolution 37-R-13, Relating to Prevailing Wages for Public Works Projects Staff recommends adoption of Resolution 37-R-13, in order to comply with the provisions of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. (the “Act”). The Act requires that public entities establish prevailing wages in June of every year for certain laborers, workers, and mechanics. The Act also requires that contractors and subcontractors pay workers covered under the Act, who are employed on public works construction projects, a wage no less than the general prevailing rate of wages in the county where the work is performed. For Action Ald. Grover moved approval, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to recommend approval of Resolution 37-R-13. 59 of 608 Administration and Public Works Committee Meeting Minutes of 6-10-13 Page 8 of 9 (A6) Ordinance 52-O-13, Amending the City Code to Establish a Three-Way Stop at Lake Shore Blvd and Hamilton Street The Alderman of the Third Ward recommends the adoption of the proposed Ordinance 52-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Lake Shore Boulevard and Hamilton Street. Funding is provided by the General Fund budget Account No. 2670.65115, Traffic Control Supplies, which has $40,000 budgeted for FY 2013. For Introduction Ald. Burrus moved approval, seconded by Ald. Grover. Ald. Burrus said she is 100% for this Ordinance. She asked why Ald. Wynne’s request was being granted with no petition because she said she has been asking for a sign at Washington and Dewey for about 18 months. Ms. Robinson replied that there is a process and an alderman can recommend any resolution they wish. She explained that the implementation for this sign is because of a seasonal re-direction of traffic which is confusing, causing near conflicts and this sign signals drivers to pay attention to the seasonal changes. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 52-O-13. (A7) Ordinance 55-O-13, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends adoption of Ordinance 55-O-13 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Central Park Avenue and Main Street/Sheridan Road. This ordinance authorizes the City to borrow up to $1,894,000. The debt service will be paid from the Sewer Fund. For Introduction Ald. Grover moved approval, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to recommend introduction of Ordinance 55-O-13. (A8) Ordinance 62-O-13, Reducing the Number of Class B Liquor Licenses After Management Change at The Orrington Hotel Staff recommends adoption of Ordinance 62-O-13, which amends Evanston City Code Section 3-4-6-(B), to decrease the number of authorized Class B liquor licenses to seventeen (17), because of a management change at The Orrington Hotel (1710 Orrington Ave). For Introduction Chair Rainey noted that Ald. Fiske has requested that the rules be suspended for a vote the same night. 60 of 608 Administration and Public Works Committee Meeting Minutes of 6-10-13 Page 9 of 9 Ald. Grover moved introduction of Ordinance 62-O-13 and suspension of the rules, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to recommend introduction and suspension of the rules for Ordinance 62-O-13. (A9) Ordinance 63-O-13, Increasing the Number of Class B Liquor Licenses, Dow Escondido, LLC, d/b/a Hilton Orrington Staff recommends adoption of Ordinance 63-O-13, which amends Evanston City Code Section 3-4-6-(B), to increase the number of authorized Class B liquor licenses to eighteen (18), to permit issuance to Dow Escondido, LLC, d/b/a Hilton Orrington (1710 Orrington Ave). For Introduction Chair Rainey noted that the Hilton had requested that the rules be suspended for vote that night. Al d. Grover moved to introduce and suspend the rules, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend introduction and suspension of the rules for Ordinance 63-O-13. V. ITEMS FOR DISCUSSION There were no items for discussion. VI. COMMUNICATIONS There were no communications. VII. ADJOURNMENT Ald. Grover moved to adjourn, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 6:57 p.m. Respectfully submitted, Bobbie Newman 61 of 608 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Richard Perry, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: June 20, 2013 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Effective in 2013 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 – May 20, 2013 through June 2, 2013 $2,620,447.59 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – June 25, 2013 $2,245,896.49 General Fund Amount – Bills list $284,569.37 General Fund Amount – Advanced * $ 1,693.16 General Fund Amount – Supplemental list $ 000.00 General Fund Total: $286,262.53 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills Lists For City Council meeting of June 24, 2013 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 62 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.21650 NATIONAL GUARDIAN LIFE INSURANCE MONTHLY INVOICE 339.39 100.22771 AMBOY FIRE PROTECTION DISTRICT WILDLAND HELMETS CFA 600.00 100.21680 CHICAGO TRANSIT AUTHORITY 901 *CHICAGO CARD PLUS 990.00 100.41340 DIRECTOR, ILLINOIS STATE POLICE CASE #13-747 SEIZED FUNDS 351.00 100.10260 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMB.1,165.74 3,446.13 1300 CITY COUNCIL 1300.62360 CHICAGO METROPOLITAN AGENCY MEMBERSHIP CONTRIBUTION 712.93 1300.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 157.46 1300.62360 NORTHWEST MUNICIPAL CONFERENCE MEMBERSHIP 25,528.00 26,398.39 1505 CITY MANAGER 1505.65010 PIONEER PRESS SUBSCRIPTION 40.00 1505.64540 AT & T MOBILITY *WIRELESS SERVICE 154.87 1505.62295 MORRISON ASSOC LTD PROFESSIONAL DEVELOPMENT FEE 1,000.00 1,194.87 1510 PUBLIC INFORMATION 1510.62205 THE WBEZ ALLIANCE, INC.SUSTAINABILITY CHALLENGE 1,425.00 1510.62490 ALLEGRA PRINT & IMAGING VOLUNTEER EVANSTON BANNER/CARD 328.00 1510.62210 QUARTET COPIES GUN BUY BACK POSTCARD 95.98 1,848.98 1570 EVANSTON150 OPERATING 1570.62210 QUARTET COPIES FLYERS 5.88 1570.62210 QUARTET COPIES EVANSTON 150 OPERATING 222.00 1570.62210 QUARTET COPIES SPONSOR RECEPTION 417.98 1570.65125 EVANSTON IMPRINTABLES,INC.CLOTHING 864.81 1,510.67 1705 LEGAL ADMINISTRATION 1705.62360 CHICAGO BAR ASSOCIATION MEMBERSHIP 278.00 1705.65010 BLOOMBERG BNA HOW TO COST LABOR CONTRACTS 259.51 1705.65010 WEST GROUP PAYMENT CTR INFORMATION CHARGES 192.00 1705.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 LEGAL 68.68 798.19 1905 ADM.SERVICES- GENERAL SUPPORT 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62185 OFFICE TEAM ADMINISTRATIVE ASSISTANT 1,014.75 1905.62185 OFFICE TEAM ADMINISTRATIVE ASSISTANT 783.75 1905.65095 OFFICE DEPOT OFFICE SUPPLIES ADMIN GEN SUPP 21.30 1905.62185 OFFICE TEAM ADMINISTRATIVE ASSISTANT 1,171.50 4,191.30 1910 FINANCE DIVISION - REVENUE 1910.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 2,315.88 1910.65095 OFFICE DEPOT OFFICE SUPPLIES 100.86 2,416.74 *Advanced Payment 163 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1920 FINANCE DIVISION - ACCOUNTING 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 30.91 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 21.78 1920.62280 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 35.64 1920.62110 ACCOUNTEMPS ACCOUNTING SERVICES 725.00 813.33 1929 HUMAN RESOURCE DIVISION 1929.62160 CONRAD POLYGRAPH, INC POLICE RECRUITMENT 1,120.00 1929.62310 WELLNESS REVOLUTION CITY WIDE TRAINING 300.00 1929.62310 WELLNESS REVOLUTION CITY WIDE TRAINING 100.00 1929.62160 LASER ASSOC., STEPHEN A.POLICE RECRUITMENT 2,250.00 1929.62274 TRANS UNION CORP RECRUITMENT 169.46 1929.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 57.62 3,997.08 1932 INFORMATION TECHNOLOGY DIVI. 1932.64505 CALL ONE COMMUNICATION CHARGES 7,830.44 1932.62175 IRON MOUNTAIN OSDP COMMUNICATION CHARGES 595.85 1932.62340 SUNGARD PUBLIC SECTOR, INC.AIRFARE 332.76 1932.62340 SUNGARD PUBLIC SECTOR, INC.FIELD INTERVIEW INSTALLATION 1,400.00 1932.62250 SMS SYSTEMS MAINTENANCE SERVICE COMPUTER HARDWARE MAINT. 590.80 10,749.85 1941 PARKING ENFORCEMENT & TICKETS 1941.62451 SIMM, HALA D.TOW REFUND 185.00 1941.62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM 2,632.50 1941.64005 COMED MONTHLY INVOICE 71.95 1941.64540 NEXTEL WIRELESS SERVICE 680.36 3,569.81 2105 PLANNING & ZONING 2105.65095 OFFICE DEPOT 2013 OFFICE SUPPLIES BU 2105 92.73 2105.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 81.65 2105.62185 GRANACKI HISTORIC CONSULTANTS CREATE PDF FILES LAKESHORE PH1 750.00 924.38 2120 HOUSING REHABILITATION 2120.62360 ILLINOIS ASSOCIATION OF CODE E TRAINING 35.00 2120.64540 NEXTEL WIRELESS SERVICE 264.00 299.00 2126 BUILDING INSPECTION SERVICES 2126.64540 NEXTEL WIRELESS SERVICE 164.39 2126.62464 FLOETER, DONNA LEE PLAN REVIEWER-MAY 23 510.00 2126.62464 FLOETER, DONNA LEE PLAN REVIEWER-MAY 28 510.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 80.00 2126.62464 FLOETER, DONNA LEE PLAN REVIEWER 340.00 2126.65095 OFFICE DEPOT OFFICE SUPPLIES BU2126 48.65 2126.62464 LAMBERG, BRIAN K ELECTRICAL INSPECTIONS 425.00 2126.62464 MOSHE CALAMARO & ASSOC STRUCTURAL PLAN REVIEW 190.00 2126.62464 MOSHE CALAMARO & ASSOC STRUCTURAL PLAN REVIEW 570.00 2126.65085 STAT ANALYSIS CORPORATION LEAD DUST TESTING 240.00 3,078.04 *Advanced Payment 264 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2128 EMERGENCY SOLUTIONS GRANT 2128.62295 FLAX, SARAH K REIMB. CONTINUUM OF CARE 119.16 119.16 2205 POLICE ADMINISTRATION 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS 1,242.00 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS-MAY 1,475.00 2205.62225 BEST TECHNOLOGY SYSTEMS, INC PROPOSAL 3 5,425.00 2205.64005 COMED MONTHLY CHARGES 192.44 2205.62185 ALEXANDER WEISS CONSULTING, LLC DEPLOYMENT STUDY 10,000.00 2205.62210 H & H PRINTING PRINTING 15.54 2205.62360 ILLINOIS DEPARTMENT OF AGR. ANIMAL FACILITY LICENSE 25.00 2205.62225 BEST TECHNOLOGY SYSTEMS, INC PROPOSAL 1 1,465.00 19,839.98 2210 PATROL OPERATIONS 2210.65020 SOSA, ANTHONY UNIFORM REIMB.174.07 174.07 2240 POLICE RECORDS 2240.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 466.39 466.39 2245 COMMUNICATIONS 2245.64540 NEXTEL WIRELESS SERVICE 1,919.87 1,919.87 2250 SERVICE DESK 2250.65125 LAUNDRY WORLD BLANKETS 133.00 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTIONS 176.00 2250.65040 JOHNSON LOCKSMITH, INC.5 PIN KEY 7.35 316.35 2251 311 CENTER 2251.64505 AT & T 8100 *COMMUNICATION CHARGES 398.29 2251.64505 AT & T MOBILITY WIRELESS SERVICE 36.20 2251.64505 EVANSTON IMPRINTABLES,INC.CLOTHING 569.58 1,004.07 2260 OFFICE OF ADMINISTRATION 2260.62295 GLACKEN AND ASSOCIATES BACKGROUND INVESTIGATIONS 275.00 2260.62295 NORTHWESTERN UNIVERSITY GRADUATION LUNCHEON 160.00 2260.62295 EVANSTON ATHLETIC CLUB FITNESS 434.00 2260.64565 COMCAST CABLE COMMUNICATION CHARGES 24.29 2260.62295 WRIGHT, AMANDA MEALS - KILLOLOGY TRAINING 40.00 2260.62295 SENGENBERGER, SCOTT MEALS - CARBINE INSTRUCTOR 60.00 2260.62295 PANEK, JOSEPH MEALS - CARBINE INSTRUCTOR 60.00 2260.62295 NIZIOLEK, REBECCA S.MEALS - CARBINE INSTRUCTOR 60.00 1,113.29 2270 TRAFFIC BUREAU 2270.65085 MUNICIPAL ELECTRONICS INC RADAR CERT.480.00 2270.65085 MUNICIPAL ELECTRONICS INC ULTRA-LYTE LRB AMP 67.13 2270.65085 MUNICIPAL ELECTRONICS INC FALCON AMP 219.05 766.18 *Advanced Payment 365 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2280 ANIMAL CONTROL 2280.62225 ANDERSON PEST CONTROL PEST CONTROL 52.76 52.76 2285 PROBLEM SOLVING TEAM 2285.61055 RING, MARIANNE CONSULTING 1,020.00 2285.61055 RING, MARIANNE CONSULTING 816.00 2285.65085 PONY SHOP REPAIRS - 7 BIKES 911.98 2,747.98 2305 FIRE MGT & SUPPORT 2305.65020 UNIFORMITY, INC.UNIFORMS 17.90 2305.65020 UNIFORMITY, INC.UNIFORMS 95.95 2305.65020 UNIFORMITY, INC.UNIFORMS 69.90 2305.64540 NEXTEL WIRELESS SERVICE 448.65 2305.65020 AIR ONE EQUIPMENT FIREFIGHTING GEAR 320.00 2305.65020 UNIFORMITY, INC.UNIFORMS 11.80 2305.65020 UNIFORMITY, INC.UNIFORMS 66.80 2305.65020 UNIFORMITY, INC.UNIFORMS 7.90 2305.65020 UNIFORMITY, INC.UNIFORMS 91.85 2305.65020 UNIFORMITY, INC.UNIFORMS 43.95 2305.65020 UNIFORMITY, INC.UNIFORMS 268.65 2305.65020 UNIFORMITY, INC.UNIFORMS 12.95 2305.65020 UNIFORMITY, INC.UNIFORMS 95.95 2305.65020 UNIFORMITY, INC.UNIFORMS 34.95 2305.65020 UNIFORMITY, INC.UNIFORMS 43.95 1,631.15 2315 FIRE SUPPRESSION 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 344.47 2315.65040 LAPORT INC JANITORIAL SUPPLIES 88.92 2315.62295 UNIVERSITY OF ILLINOIS FIREFIGHTING TRAINING 9,500.00 2315.62295 VILLAGE OF ROMEOVILLE FIRE FIREFIGHTING TRAINING 325.00 10,258.39 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.62477 NEXTEL WIRELESS SERVICE 60.81 2435.64540 NEXTEL WIRELESS SERVICE 213.24 2435.64540 NEXTEL WIRELESS SERVICE 27.13 301.18 2440 VITAL RECORDS 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES #16.23 1,680.00 1,680.00 2455 COMM.HEALTH PROG.ADMINSTRATION 2455.62490 EVANSTON TOWNSHIP HIGH SCHOOL OUTPATIENT PHARMACY 8,378.93 8,378.93 2605 DIRECTOR OF PUBLIC WORKS 2605.64540 NEXTEL WIRELESS SERVICE 57.47 57.47 2610 MUNICIPAL SERVICE CENTER 2610.62225 SMITHEREEN PEST MANAGEMENT RODENT CONTROL 93.00 *Advanced Payment 466 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2610.62235 MIDWEST TIME RECORDER TIME CLOCK 110.00 2610.62235 MIDWEST TIME RECORDER TIME CLOCK 110.00 2610.62235 MIDWEST TIME RECORDER TIME CLOCK 105.00 2610.64005 COMED MONTHLY CHARGES 134.48 2610.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 59.52 612.00 2625 ENGINEERING 2625.62280 FEDERAL EXPRESS CORP.SHIPPING 48.15 2625.62280 FEDERAL EXPRESS CORP.SHIPPING 53.34 101.49 2630 TRAFFIC ENGINEERING 2630.52126 AIKEN, JOHANNA *PERMIT REFUND 100.00 100.00 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.64008 COMED MONTHLY CHARGES 26.90 2640.64008 CONSTELLATION MONTHLY CHARGES 33.45 2640.64008 COMED MONTHLY CHARGES 40.15 2640.64006 COMED MONTHLY CHARGES 484.27 2640.64007 COMED MONTHLY CHARGES 32.91 2640.64007 COMED MONTHLY CHARGES 6,178.91 2640.64006 COMED MONTHLY CHARGES 168.39 2640.64006 COMED MONTHLY CHARGES 26.66 2640.65070 ELCAST LIGHTING STREETLIGHT FIXTURE REPAIR 800.00 2640.64008 COMED MONTHLY CHARGES 31.31 2640.64007 COMED TRAFFIC LIGHTING 67.61 7,890.56 2665 STREETS AND SANITATION ADMINIS 2665.64540 NEXTEL WIRELESS SERVICE 3,007.24 3,007.24 2670 STREET AND ALLEY MAINTENANCE 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 241.80 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 624.52 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 620.88 2670.62415 SHRED ALL RECYCLING SYSTEMS INC TIRE RECYCLING 302.34 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 765.48 2670.65115 ARTS & LETTERS LTD.NO PARKING SIGNS 760.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 900.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 544.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2013 CONCRETE PURCHASE 834.00 2670.62415 KLF TRUCKING DEBRIS HAULING 1,925.00 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 99.84 2670.65055 HEALY ASPHALT FY2013 ASPHALT PURCHASE 407.16 8,025.02 3005 REC. MGMT. & GENERAL SUPPORT 3005.64540 NEXTEL WIRELESS SERVICE 57.47 57.47 3010 REC. BUS. & FISCAL MGMT *Advanced Payment 567 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3010.62705 PLUG & PAY TECHNOLOGIES ONLINE MERCHANT ACCT FEES 20.50 3010.65095 ALLEGRA PRINT & IMAGING WINDOWED 2 COLOR 280.00 3010.65095 ALLEGRA PRINT & IMAGING WINDOWED 2 COLOR 5.00 3010.65095 ALLEGRA PRINT & IMAGING NON-WINDOWED 2 COLOR 200.00 505.50 3020 RECREATION GENERAL SUPPORT 3020.62490 K.V. STOVER AND SON LINK FARMER MRKT 5/18-6/8 62.00 3020.64540 NEXTEL WIRELESS SERVICE 57.47 3020.62490 RIVER VALLEY RANCH LINK FARMER MRKT 6/1-6/8 70.00 3020.62490 ROEDGER BROS. BLUEBERRIES LINK FARMER MRKT 5/4-6/8 78.00 3020.62490 SEEDLING LINK FARMER MRKT 5/4-6/8 30.00 3020.62205 ALLEGRA PRINT & IMAGING COMMUNITY PICNIC BANNERS 462.00 3020.62490 NICHOLS FARM & ORCHARD LINK FARMER MRKT 6/1-6/8 30.00 3020.62490 GREAT HARVEST BREAD CO.LINK FARMER MRKT 5/18-6/8 35.00 3020.62490 FROSTY PRODUCTION LINK FARMER MRKT 5/4-6/8 41.00 3020.62490 FOODIE BITES INC LINK FARMER MRKT 5/4-6/8 43.00 3020.62490 HENRY'S FARM LINK FARMER MRKT 6/1-6/8 93.00 3020.62490 HEARTLAND MEATS LINK FARMER MRKT 5/18-6/8 41.00 3020.62490 TERESA'S FRUIT AND HERBS LINK FARMER MRKT 6/1-6/8 47.00 3020.62490 NOFFKE FAMILY FARM LINK FARMER MRKT 5/4-6/8 41.00 3020.62490 KINNIKINNICK FARM LINK FARMER MRKT 6/1-6/8 49.00 1,179.47 3025 PARK UTILITIES 3025.64015 NICOR 0632 MONTHLY CHARGES 37.30 3025.64015 NICOR 0632 MONTHLY CHARGES 45.72 3025.64015 NICOR 0632 MONTHLY CHARGES 51.28 3025.64005 CONSTELLATION MONTHLY CHARGES 1,473.44 3025.64005 COMED MONTHLY CHARGES 227.93 3025.64005 COMED MONTHLY CHARGES 27.66 3025.64005 COMED MONTHLY CHARGES 19.34 3025.64005 COMED MONTHLY CHARGES 72.40 3025.64005 COMED MONTHLY CHARGES 19.68 3025.64005 COMED MONTHLY CHARGES 29.27 3025.64005 COMED MONTHLY CHARGES 16.11 3025.64005 COMED MONTHLY CHARGES 28.17 3025.64005 COMED MONTHLY CHARGES 23.73 3025.64005 COMED MONTHLY CHARGES 25.39 3025.64005 COMED MONTHLY CHARGES 16.39 3025.64005 COMED MONTHLY CHARGES 44.71 2,158.52 3030 CROWN COMMUNITY CENTER 3030.62505 KANTOR, GARY MAGIC CLASS INSTRUCTION 84.00 3030.62505 COUSSENS, DARCY YOUTH DANCE INSTRUCTION 160.00 3030.62375 JEAN'S GREENS, INC.PLANT MAINTENANCE 50.00 3030.64005 CONSTELLATION MONTHLY CHARGES 2,506.21 2,800.21 3035 CHANDLER COMMUNITY CENTER 3035.64540 NEXTEL WIRELESS SERVICE 174.71 *Advanced Payment 668 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3035.62505 SPORTS ENDEAVORS, INC VOLLEYBALL INSTRUCTION 2,866.50 3035.62495 MEDICAL MANAGER PEST MANAGEMENT SERVICES 31.20 3035.65110 FITNESS WEAR, INC.CAMPS SHIRTS 2013 4,655.28 3035.65095 OFFICE DEPOT OFFICE SUPPLIES 128.39 3035.64005 CONSTELLATION MONTHLY CHARGES 1,039.02 3035.62505 3 POINT ATHLETICS YOUTH BASKETBALL INSTRUCTION 2,370.75 11,265.85 3040 FLEETWOOD JOURDAIN COM CT 3040.64005 CONSTELLATION MONTHLY CHARGES 2,018.36 3040.62507 EVANSTON TOWNSHIP HIGH SCHOOL SWIM LESSON B/C PROG K. AUGER 300.00 3040.64540 NEXTEL WIRELESS SERVICE 174.39 2,492.75 3045 FLEETWOOD/JOURDAIN THEATR 3045.62511 CLARK, WARDELL PERFORMER FJT DR READ SERIES 100.00 3045.62511 SHAVZIN, CLAIRE SOUND DESIGN FOR COLORED GIRLS 125.00 3045.62511 JOY, EBONY PERFORMER STIPEND FOR COLORED 150.00 3045.62511 NICOLE, MICHAELE PERFORMER STIPEND FOR COLORED 150.00 3045.62511 SULLIVAN, ELANA ELYCE PERFORMER STIPEND FOR COLORED 250.00 3045.62511 HUMPHREY, AAYISHA PERFORMER STIPEND FOR COLORED 150.00 3045.62511 DAVIDSON, CATHERINE PERFORMER STIPEND FOR COLORED 150.00 3045.62511 FIELDS, ARMAND PERFORMER STIPEND DR READ SER 100.00 3045.62511 RUSSELL, JOI-ANISSA PERFORMER STIPEND FOR COLORED 135.00 3045.62511 RODMAN, KELLY OWENS PERFORMER STIPEND FOR COLORED 135.00 3045.62511 SAMUEL FRENCH INC LICENSE FEE FJT WOZA ALBERT 450.00 3045.62511 ROSENBERG, MARLENE COMPOSER FJT FOR COLORED GRLS 580.00 3045.62511 GALLEGOS, GERARDO SET CONSTRUCTION FOR COLORED 300.00 3045.62511 FORELLA, JESSICA STG MANAGER FOR COLORED GIRLS 500.00 3045.62511 YOUNG, CATHARINE AST COSTUME DESIGN FOR COLORED 125.00 3045.62511 MUSE OF FIRE THEATRE COMPANY THEATER WKSHP SUMMER CAMP 500.00 3045.62511 MONTENEGRO, MICHAEL SCENE DESIGN/PAINTER FOR COLOR 175.00 3045.62511 LAMONA, ELISABETH COSTUME DESIGN FJT SUMMER '13 320.00 4,395.00 3050 RECREATION OUTREACH PROGRAM 3050.62511 MUSE OF FIRE THEATRE COMPANY THEATER WKSHP SUMMER CAMP 500.00 500.00 3055 LEVY CENTER SENIOR SERVICES 3055.62505 PLACE, TIMOTHY BALLROOM DANCE INSTRUCT 595.00 3055.62245 PROCOM SOUND SYSTEMS PORTABLE SOUND SYSTEM REPAIR 408.69 3055.62509 HENRICHSEN FIRE & SAFETY ANNUAL FIRE EXTINGUISHER SERV 99.05 3055.62509 HENRICHSEN FIRE & SAFETY FIRE EXTINGUISHER PART RPLCE 35.90 3055.61062 SPARKMON, KEVIN SECURITY PRVT RENTAL W/ALCHOL 370.00 3055.62511 KREATIVE PARTIES ENTERTAINMENT PRIVATE PARTY 225.00 3055.65110 NATIONAL AWARD SERVICES INC AGING WELL PLAQUE 97.00 3055.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 44.94 3055.62245 DIRECT FITNESS SOLUTIONS REPAIR MSTEP MACHINE 405.00 3055.65050 CHEMCRAFT INDUSTRIES, INC.SPECIALTY JANITORIAL SUPPLIES 209.30 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX - MAY 2013 25.00 3055.64005 CONSTELLATION MONTHLY CHARGES 3,286.18 *Advanced Payment 769 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3055.65095 OFFICE DEPOT OFFICE SUPPLIES FY 2013 66.28 3055.65040 LAPORT INC JANITORIAL SUPPLIES 466.49 3055.64540 NEXTEL WIRELESS SERVICE 27.14 6,360.97 3080 BEACHES 3080.64540 NEXTEL WIRELESS SERVICE 84.05 3080.64005 CONSTELLATION MONTHLY CHARGES 98.77 3080.65085 FULL THROTTLE MARINE, INC.MERCRUISER 30 H.P. OUTBOARD MT 6,137.52 6,320.34 3085 RECREATION FACILITY MAINT 3085.65055 KROMER CO. LLC.PRESSURE GAUGE 73.27 3085.65110 CONSERV FS SPECTRUM 999.00 3085.65110 CONSERV FS DEVOUR 402.00 3085.64540 NEXTEL WIRELESS SERVICE 165.96 3085.65040 LAPORT INC JANITORIAL SUPPLIES 300.36 1,940.59 3095 CROWN ICE RINK 3095.64540 NEXTEL WIRELESS SERVICE 155.38 3095.62251 MCCAULEY MECHANICAL SERVICE A/C START UP MAIN LOBBY UNIT 705.00 3095.62375 JEAN'S GREENS, INC.PLANT MAINTENANCE 50.00 3095.62508 LEVI, MATTHEW REFEREE ADULT BROOMBALL 60.00 3095.62495 ANDERSON PEST CONTROL PEST CONTROL 79.00 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 3095.62490 BROADCAST MUSIC, INC.COPYWRITE LICENSE 12.60 3095.62508 LAPPING, RENEE SCOREKEEPER ADULT BROOMBALL 160.00 3095.62508 KNUTSON, KRISTOFER R.ADULT BROOMBALL REF 480.00 3095.64005 CONSTELLATION MONTHLY CHARGES 7,518.63 3095.62508 PFEIFFER, SHAWN REFEREE ADULT BROOMBALL 420.00 3095.65040 LAPORT INC JANITORIAL SUPPLIES 868.22 3095.65080 COCA-COLA ENTERPRISES LAKESHOR VENDING RESALE 546.24 11,090.56 3100 SPORTS LEAGUES 3100.62508 EKERMAN, IRV ADULT SOFTBALL PRGM UMPIRE 272.00 3100.62508 FRANKLIN, STEVE ADULT SOFTBALL PRGM UMPIRE 476.00 3100.62508 KLEPADLO, EDWARD ADULT SOFTBALL PRGM UMPIRE 136.00 3100.62508 HEALY, JOHN P.ADULT SOFTBALL PRGM UMPIRE 136.00 3100.62508 HOFFMAN, DRUE ADULT SOFTBALL PRGM UMPIRE 68.00 3100.62508 SLEIN, PATRICK ADULT SOFTBALL PRGM UMPIRE 136.00 3100.62508 VIDAS, KIRK ADULT SOFTBALL PRGM UMPIRE 272.00 3100.62508 HORGAN, WILLIAM P.ADULT SOFTBALL PRGM UMPIRE 136.00 3100.62508 REYNOLDS, DENNIS ADULT SOFTBALL PRGM UMPIRE 102.00 3100.62508 MANISCALCO, ANTHONY ADULT SOFTBALL PRGM UMPIRE 374.00 3100.62508 ZIMMERMAN, JAY ADULT SOFTBALL PRGM UMPIRE 222.00 3100.62508 YABLON, MITCHELL ADULT SOFTBALL PRGM UMPIRE 146.00 3100.62508 SCHULTZ, SCOTT T.ADULT SOFTBALL PRGM UMPIRE 68.00 3100.62508 OLSON, DALE ADULT SOFTBALL PRGM UMPIRE 51.00 3100.62508 GIBSON, TIMOTHY ADULT SOFTBALL PRGM UMPIRE 85.00 2,680.00 *Advanced Payment 870 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3130 SPECIAL RECREATION 3130.64540 NEXTEL WIRELESS SERVICE 103.13 103.13 3140 BUS PROGRAM 3140.64540 NEXTEL WIRELESS SERVICE 28.76 28.76 3150 PARK SERVICE UNIT 3150.64540 NEXTEL WIRELESS SERVICE 142.39 142.39 3155 GOLF 3155.62505 3 POINT ATHLETICS YOUTH GOLF INSTRUCTION 2,965.30 2,965.30 3205 COMMUNITY RELATIONS 3205.62205 ALLEGRA PRINT & IMAGING FARMERS MARKET BANNERS 455.00 455.00 3505 PARKS & FORESTRY GENERAL SUP 3505.64540 NEXTEL WIRELESS SERVICE 1,631.94 1,631.94 3510 HORTICULTURAL MAINTENANCE 3510.65005 BEAVER CREEK NURSERY PLANTINGS 825.00 3510.65550 PNC EQUIPMENT FINANCE LAWN MOWER LEASE 39,078.55 39,903.55 3515 PARKWAY TREE MAINTENANCE 3515.65085 LIBERTY FLAG COMPANY NYLON FLAGS 516.95 3515.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 46.88 3515.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 105.31 3515.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 66.46 3515.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 61.12 3515.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 63.46 3515.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 59.91 920.09 3525 TREE PLANTING 3525.65005 WEST CENTRAL MUNICIPAL CONFERE PLANTING SERVICES 146.26- 3525.65005 WEST CENTRAL MUNICIPAL CONFERE PLANTING SERVICES 9,850.00 3525.65005 WEST CENTRAL MUNICIPAL CONFERE NEW PARKWAY TREES 17,688.74 27,392.48 3605 ECOLOGY CENTER 3605.64005 CONSTELLATION MONTHLY CHARGES 400.41 3605.64015 NICOR 0632 MONTHLY CHARGES 110.92 511.33 3610 ECO-QUEST DAY CAMP 3610.64540 NEXTEL WIRELESS SERVICE 67.94 67.94 3700 ARTS COUNCIL 3700.62490 SCULPTURE SOURCES COMPANY GRAFFITI REMOVAL 100.00 3700.62665 NEXT THEATRE COMPANY GRANT PAYMENT PER AGREEMENT 800.00 *Advanced Payment 971 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3700.62665 NORTH SHORE CHORAL GRANT PAYMENT PER AGREEMENT 750.00 1,650.00 3710 NOYES CULTURAL ARTS CTR 3710.64540 NEXTEL WIRELESS SERVICE 272.82 3710.65040 LAPORT INC JANITORIAL SUPPLIES 647.10 3710.64005 CONSTELLATION MONTHLY CHARGES 1,365.08 3710.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 35.58 2,320.58 3720 CULTURAL ARTS PROGRAMS 3720.62511 ADAMS, MATT STARLIGHT CONCERT 6/27 JAMESPK 1,250.00 3720.62511 CEBAR, PAUL STARLIGHT CONCERT JAMESPK 6/13 1,200.00 3720.62511 SMITH, LUCY STARLIGHT CONCERT 6/18 HARBERT 600.00 3720.62511 SONG PRESERVATION SOCIETY STARLIGHT CONCERT 6/27 JAMESPK 250.00 3720.62511 GIZZAE MUSIC, INC.STARLIGHT CONCERT 6/20 JAMESPK 900.00 3720.62509 SEPTOSKI, JAY STAGE MNGR ETHNIC ART FEST 300.00 3720.62511 ABU-ABSI, DANIEL STARLIGHT CONCERT 6/25 BENT PK 700.00 5,200.00 3805 FACILITIES ADMINISTRATION 3805.64540 NEXTEL WIRELESS SERVICE 51.80 3805.62376 COMED MONTHLY CHARGES 36.64 3805.62376 NICOR 0632 MONTHLY CHARGES 600.34 688.78 3806 CIVIC CENTER SERVICES 3806.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 215.30 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 464.20 3806.64540 NEXTEL WIRELESS SERVICE 163.30 3806.62225 DUSTCATCHERS, INC.FLOOR MAT SERV.189.00 3806.62225 LAPORT INC JANITORIAL SUPPLIES 1,564.84 3806.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 217.85 3806.62225 MARK VEND COMPANY VENDING SUPPLIES 192.84 3806.62225 MARK VEND COMPANY VENDING SUPPLIES 369.30 3806.62225 LAPORT INC AIR FRESHENER 136.26 3,512.89 3807 CONSTRUCTION AND REPAIRS 3807.65050 LIBERTY FLAG COMPANY NYLON FLAGS 176.00 3807.64540 NEXTEL WIRELESS SERVICE 972.45 3807.62509 SCHNEIDER ELECTRIC BUILDINGS A 2013 BAS SERVICE AGREEMENT 5,910.00 3807.62245 STATE FIRE MARSHAL BOILER CERTIFICATES 300.00 3807.62225 DOOR SYSTEMS, INC.OVERHEAD DOOR MAINTENANCE 378.88 3807.62225 DOOR SYSTEMS, INC.OVERHEAD DOOR MAINTENANCE 356.00 3807.65050 CUMMINS NORTHERN IL., INC BUILDING MAINTENANCE 694.90 3807.62225 DOOR SYSTEMS, INC.OVERHEAD DOOR MAINTENANCE 150.50 3807.65050 CHEMSEARCH DRAIN MAINTENANCE 142.12 3807.65050 CHEMSEARCH DRAIN MAINTENANCE 140.00 9,220.85 286,262.53 *Advanced Payment 1072 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 00195 NEIGHBOR.STABILIZATION PROGRAM 5006 PROGRAM DELIVERY 5006.62205 EVANSTON ROUND TABLE LLC AD LIVEEVANSTON 367.00 5006.62205 EVANSTON NOW LLC LIVEEVANSTON LEADERBOARD-SEPT 250.00 5006.62205 EVANSTON NOW LLC LIVEEVANSTON LEADERBOARD-AUG 250.00 5006.62205 EVANSTON NOW LLC LIVEEVANSTON LEADERBOARD-JULY 250.00 1,117.00 1,117.00 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.65625 NETMOTION WIRELESS MAINTENANCE 15,937.50 5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 2,774.75 5150.64505 AT & T 8100 COMMUNICATION CHARGES 475.49 5150.62509 MOTOROLA SOLUTIONS, INC.POLICE SERVICE AGREEMENT RENEW 19,272.69 5150.64540 NEXTEL WIRELESS SERVICE 1,481.42 39,941.85 39,941.85 00215 CDBG FUND 5170 PUBLIC IMPROVEMENTS 5170.62840 ACURA, INC.2012 ALLEY PAVING PROGRAM 1,123.98 5170.62840 ACURA, INC.2012 ALLEY PAVING PROGRAM 429.72 1,553.70 5220 CDBG ADMINISTRATION 5220.65095 OFFICE DEPOT 2013 OFFICE SUPPLIES BU 5220 51.81 5220.62490 ZOOMGRANTS 2013 SUBSCRIPTION RENEWAL 6,980.00 5220.62280 FEDERAL EXPRESS CORP.SHIPPING 19.71 7,051.52 8,605.22 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.65522 HECKY'S FACADE PROJECT 1,500.00 5300.62490 COSTAR GROUP, INC.COSTAR SUITE 12,694.49 14,194.49 14,194.49 00315 SOUTHWEST TIF DEBT SERVICE 554101 CLEVELAND ST SEWER REHAB 554101.65515 INSITUFORM TECHNOLOGIES USA INC CLEVELAND STREET 422,675.19 422,675.19 422,675.19 00415 CAPITAL IMPROVEMENTS FUND *Advanced Payment 1173 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 415175 CIVIC CTR RENOVATIONS 415175.65510 G.A. JOHNSON AND SON WASHROOM RENOVATION 100,914.00 100,914.00 415414 LAKEFRONT-LAGOON AREA IMPROV 415414.62135 KETTELKAMP & KETTELKAMP CENTENNIAL PARK LAGOON 14,175.00 14,175.00 415826 FIRE STATION #4 REHAB 415826.65510 O'HARA CONSTRUCTION FIRE STATION #4 RENOVATIONS 13,694.06 13,694.06 415857 STREET RESURFACING 415857.65515 LANDMARK CONTRACTORS, INC.2012 CHURCH ST PROJECT 53,828.12 415857.65515 LANDMARK CONTRACTORS, INC.2012 CHURCH ST PROJECT 26,371.25 80,199.37 208,982.43 00420 SPEC ASSESS CAP PROJECT FUND 6365 SPECIAL ASSESSMENT 6365.65515 ACURA, INC.2012 ALLEY PAVING PROGRAM 3,890.24 6365.65515 ACURA, INC.2012 ALLEY PAVING PROGRAM 3,942.95 7,833.19 7,833.19 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.62431 GARDA CL GREAT LAKES, INC.ARMORED CAR SERVICES 1,334.03 7005.64540 NEXTEL WIRELESS SERVICE 271.77 1,605.80 7015 PARKING LOTS & METERS 7015.65070 IPS GROUP, INC.MONTHLY IPS METER TRANSACTION 438.30 7015.64005 COMED MONTHLY INVOICE 197.23 7015.64005 COMED MONTHLY INVOICE 163.07 7015.53510 COOK COUNTY COLLECTOR *PARKING TAX - MAY 2013 240.00 1,038.60 7025 CHURCH STREET GARAGE 7025.62509 REVCON TECHNOLOGIES, INC.CHURCH ST SELF PK MAINTENANCE 2,650.00 7025.53500 COOK COUNTY COLLECTOR *PARKING TAX - MAY 2013 2,883.00 7025.64505 CALL ONE COMMUNICATION CHARGES 1,061.64 7025.64005 CONSTELLATION MONTHLY CHARGES 4,522.72 11,117.36 7036 SHERMAN GARAGE 7036.53515 HSU, TEDDY ACCESS CARD REFUND 25.00 7036.64505 CALL ONE COMMUNICATION CHARGES 1,970.26 7036.53515 PASQUALETTI, KARI ACCESS CARD REFUND 25.00 7036.53515 FLORES, JULIE ACCESS CARD REFUND 25.00 7036.53515 YANG, STEPHANIE ACCESS CARD REFUND 25.00 7036.53515 FAVIA, JOLENE ACCESS CARD REFUND 25.00 7036.53515 DONALDSON, TIMOTHY ACCESS CARD REFUND 25.00 7036.53515 SHRESTHA, ROSS ACCESS CARD REFUND 25.00 *Advanced Payment 1274 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7036.62660 INLAND AMERICAN RETAIL MANAGEM MONTHLY INVOICE-JUNE 2013 7,016.41 7036.53515 SCHUHRKE, BRIAN ACCESS CARD REFUND 25.00 7036.53500 COOK COUNTY COLLECTOR *PARKING TAX - MAY 2013 3,649.50 7036.64005 CONSTELLATION MONTHLY CHARGES 9,718.23 7036.62509 REVCON TECHNOLOGIES, INC.SHERMAN PLAZA MAINTENANCE 7,510.00 7036.62660 INLAND AMERICAN RETAIL MANAGEM MONTHLY INVOICE 7,016.41 37,080.81 7037 MAPLE GARAGE 7037.53515 BURKE, JOHN ACCESS CARD REFUND 25.00 7037.53515 MALLETT, MICHAEL ACCESS CARD REFUND 25.00 7037.53515 FLYKE, EDWIN J.ACCESS CARD REFUND 25.00 7037.53515 STANLEY, KEN ACCESS CARD REFUND 25.00 7037.53515 DEPASQUALE, MARIO ACCESS CARD REFUND 25.00 7037.53515 BENBOW, RICHARD (VILLAGE OF WH ACCESS CARD REFUND 25.00 7037.53515 SHULSKI, MIKE ACCESS CARD REFUND 25.00 7037.53515 O'HALLORAN, THOMAS ACCESS CARD REFUND 25.00 7037.53515 SHARKEY, TIM ACCESS CARD REFUND 25.00 7037.53515 LUNEV, RUSIAN ACCESS CARD REFUND 25.00 7037.53515 GEORGAS, SPIRO ACCESS CARD REFUND 25.00 7037.53515 ENGBERG, KEN ACCESS CARD REFUND 25.00 7037.62509 REVCON TECHNOLOGIES, INC.MAPLE ST GARAGE MAINTENANCE 5,036.00 7037.64505 CALL ONE COMMUNICATION CHARGES 1,385.34 7037.53510 COOK COUNTY COLLECTOR *PARKING TAX - MAY 2013 440.00 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX - MAY 2013 2,715.50 7037.64005 CONSTELLATION MONTHLY CHARGES 8,025.84 17,902.68 68,745.25 00510 WATER FUND 7100 WATER GENERAL SUPPORT 7100.65555 CDS OFFICE TECHNOLOGIES TOUGH BOOK WITH SSHD 2,495.36 7100.56145 JENNINGS, JASMINE FIRE HYDRANT DEPOSIT REFUND 300.00 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FY13 UTILITIES 295.88 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX - MAY 2013 256.00 7100.64540 NEXTEL WIRELESS SERVICE 671.78 7100.62210 ON TRACK FULFILLMENT INC.PERFORM MAILING 75.00 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 21.78 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 65.34 7100.62315 FEDERAL EXPRESS CORP.SHIPPING 25.91 7100.65105 EVANSTON BLUE PRINT CO., INC.SEWER REHAB SPECS 420.54 7100.65105 EVANSTON BLUE PRINT CO., INC.WATER MAIN SCAN 8.00 7100.65105 EVANSTON BLUE PRINT CO., INC.SEWER REHAB SPECS 179.12 4,814.71 7105 PUMPING 7105.64505 CALL ONE COMMUNICATION CHARGES 201.66 7105.64005 CONSTELLATION MONTHLY CHARGES 56,644.97 7105.64540 NEXTEL WIRELESS SERVICE 229.01 57,075.64 7110 FILTRATION *Advanced Payment 1375 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7110.65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE -TON CONTAINER 2,920.00 7110.62420 METROPOLITAN WATER RECLAIMATIO ANNUAL USER FEE FOR SLUDGE 68,746.45 7110.64540 NEXTEL WIRELESS SERVICE 177.32 7110.65015 BASF CORPORATION LIQUID CATIONIC POLYMER 17,024.00 7110.65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE -TON CONTAINER 11,981.97 7110.62465 UNDERWRITERS LABORATORIES INC. FY 2013 LABORATORY TESTING 50.00 7110.65040 LAPORT INC JANITORIAL SUPPLIES - FILTER 31.25 100,930.99 7115 DISTRIBUTION 7115.65055 EAST JORDAN USA, INC.DISTRIBUTION SYSTEM VALVES 2,265.00 7115.65055 EAST JORDAN USA, INC.DISTRIBUTION SYSTEM VALVES 16,129.00 7115.64540 NEXTEL WIRELESS SERVICE 439.98 18,833.98 7120 WATER METER MAINTENANCE 7120.62245 M.E. SIMPSON COMPANY INC 36" VENTURI TEST HI/LO 550.00 7120.64540 NEXTEL WIRELESS SERVICE 357.54 7120.62245 M.E. SIMPSON COMPANY INC 12" TURBINE TEST 325.00 7120.65070 BADGER METER, INC.METERS 1,119.20 7120.62245 M.E. SIMPSON COMPANY INC 8" TURBINE TEST 325.00 7120.62245 M.E. SIMPSON COMPANY INC 24" MAG TEST 550.00 3,226.74 7125 OTHER OPERATIONS 7125.62315 ON TRACK FULFILLMENT INC.PERFORM MAILING 33.00 7125.62180 MWH AMERICAS, INC.WATER DISTRIBUTION MODELING 13,414.04 13,447.04 198,329.10 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.62455 THIRD MILLENNIUM ASSOC WATER/SEWER & RECYCLING BILLS 2,000.00 7400.62460 THIRD MILLENNIUM ASSOC REGULAR, PAST DUE & SHUT OFF 1,678.16 7400.64540 NEXTEL WIRELESS SERVICE 308.94 3,987.10 3,987.10 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.68310 WELLS FARGO BANK- SWANCC FY2013 CAPITAL COST SWANCC 3,627.92 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX - MAY 2013 348.00 7685.62390 LAKESHORE WASTE SERVICES, LLC FY2013 CONDO REFUSE COLLECTION 32,045.00 7685.62415 GROOT RECYCLING & WASTE SERVIC FY2013 RESIDENTIAL REFUSE COLL 135,467.00 7685.62405 WELLS FARGO BANK- SWANCC FY2013 OPERATIONS & MGMT SWANN 73,568.46 245,056.38 7690 RESIDENTIAL RECYCLING COL 7690.64005 COMED MONTHLY CHARGES 534.60 534.60 7695 YARD WASTE COLLECTION 7695.62415 GROOT RECYCLING & WASTE SERVIC FY 2013 YARD WASTE COLLECTION 69,204.00 *Advanced Payment 1476 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 69,204.00 314,794.98 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.64505 CALL ONE COMMUNICATION CHARGES 378.99 7705.62295 MFMA MFMA MEETING 100.00 7705.64540 NEXTEL WIRELESS SERVICE 113.84 592.83 7710 MAJOR MAINTENANCE 7710.65060 TRANS CHICAGO TRUCK GROUP FILTERS #719 168.70 7710.65060 TRI STATE HYDRAULICS INC RH GEAR PUMP 338.55 7710.65035 WARREN'S SHELL SERVICE MOTORCYCLE FUEL 522.72 7710.65060 WHOLESALE DIRECT INC TUBE, STROBE 67.19 7710.65060 WHOLESALE DIRECT INC 6 HALO 328.77 7710.65060 BILL'S AUTO & TRUCK REPAIR OUTSIDE REPAIR #449 273.79 7710.65060 BUCK BROTHERS, INC.CYLINDER 399.27 7710.65060 CARQUEST EVANSTON OIL BATH SEAL RETURN 59.26- 7710.65060 CARQUEST EVANSTON HYDROL. FILTER RETURN 18.87- 7710.65060 CARQUEST EVANSTON MAGNETIC TOW LAMP RETURN 76.28- 7710.65060 CARQUEST EVANSTON BALL JOINT RETURN 81.49- 7710.65060 CHICAGO INTERNATIONAL TRUCKS, STARTER RELAYS 21.00 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 130.88 7710.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 188.78 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 146.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 137.50 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 287.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 132.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES 144.00 7710.65060 SUNNYSIDE PARTS WAREHOUSE STRAPS 81.28 7710.65060 SUNNYSIDE PARTS WAREHOUSE FLASHER 61.04 7710.65060 SUNNYSIDE PARTS WAREHOUSE ELECTRICAL 128.80 7710.65060 WEST SIDE TRACTOR OIL ADDITIVE-FRICTION MODIFIER 123.30 7710.65060 WHOLESALE DIRECT INC LED HIGHLIGHTER 249.28 7710.65060 WHOLESALE DIRECT INC SEAL BEAM FLASH TUBE 258.72 7710.65060 WHOLESALE DIRECT INC 3000 WATT INVERTER 418.00 7710.65060 CARQUEST EVANSTON TRANS FILTER 9.86 7710.65060 WIRFS INDUSTRIES INC.FIRE EQUIPMENT ANNUAL INSPECTI 4,297.34 7710.65060 WIRFS INDUSTRIES INC.FIRE EQUIPMENT ANNUAL INSPECTI 2.66 7710.65060 WIRFS INDUSTRIES INC.ANNUAL INSPECTIONS & REPAIRS 3,678.00 7710.65060 AETNA TRUCK PARTS, INC.DESICCANT KIT 152.25 7710.65060 AETNA TRUCK PARTS, INC.STRAP CLAMP 58.80 7710.65060 AETNA TRUCK PARTS, INC.SMART ALARM 78.49 7710.65060 BILL'S AUTO & TRUCK REPAIR SEAT BELT CUTTER 45.10 7710.62240 CHICAGO CRANE & HOIST CO ANNUAL CRANE INSPECTION 1,437.30 7710.65060 CHICAGO INTERNATIONAL TRUCKS, OUTSIDE REPAIR #575 1,135.21 7710.65060 CHICAGO INTERNATIONAL TRUCKS, STARTER #923 567.46 7710.65060 CHICAGO PARTS & SOUND, LLC FILTERS 246.82 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.65060 CUMBERLAND SERVICENTER ENGINE REPAIR #714 933.61 *Advanced Payment 1577 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 DOUGLAS TRUCK PARTS LED AMBER 57.90 7710.65060 DUECO, INC.COVER, BASKET 207.53 7710.65060 EVANSTON CAR WASH & DETAIL CEN 9 CAR WASHES 72.00 7710.65060 GROVER WELDING COMPANY LIFE GUARD BOAT REPAIR 240.00 7710.65060 GROVER WELDING COMPANY BRACKETS TO TRUCK BED #619 203.75 7710.65060 LEACH ENTERPRISES, INC.DESICCANT KIT 124.11 7710.65060 LEACH ENTERPRISES, INC.FLASHERS 49.28 7710.65060 MONROE TRUCK EQUIPMENT SWITCH-MOTEC 26.14 7710.65060 NORTH SHORE TOWING TOW & HOOK #48 210.00 7710.65060 RG SMITH EQUIPMENT COMPANY SWITCH-ROCKER 25.40 7710.65060 SCHAEFFER MFG CO.MOLY ULTRA SUPREME 436.80 7710.65060 SIGLER'S AUTOMOTIVE & BODY SHO GRILLE WORK 790.59 7710.65060 STANDARD EQUIPMENT COMPANY CAMERA KIT 472.50 7710.65060 WEST SIDE TRACTOR PRESSURE RELIEF VALVE #681 9.62 7710.65060 WHOLESALE DIRECT INC LIGHTING 307.92 7710.65050 ADVANCED PROCLEAN, INC.MOBILE POWER WASHING SERVICE 899.50 7710.65060 CARQUEST EVANSTON AIR FILTER 14.82 7710.65060 CARQUEST EVANSTON WIPER SWITCH 77.42 7710.65060 CARQUEST EVANSTON OIL COOLER LINE 30.74 7710.65060 CARQUEST EVANSTON OIL COOLER LINE #97 30.74 7710.65060 CARQUEST EVANSTON SWAY BAR FRAME BUSH 32.73 7710.65060 CARQUEST EVANSTON GAS-A-JUST SHOCK 149.73 7710.65060 CARQUEST EVANSTON REAR MIRROR ADHESIVE 11.90 7710.65060 CARQUEST EVANSTON REAR MIRROR ADHESIVE 38.63 7710.65060 CARQUEST EVANSTON HYDROL. FITTINGS 70.74 7710.65060 CARQUEST EVANSTON HALOGEN BULB 15.36 7710.65060 CARQUEST EVANSTON BRAKE PAD #532 39.26 7710.65060 CARQUEST EVANSTON BRAKE ROTOR #532 58.48 7710.65060 CARQUEST EVANSTON BRAKE PAD #159 100.08 7710.65060 CARQUEST EVANSTON CONTROL ARM ASSYM.124.78 7710.65060 GOLF MILL FORD ANTENNA #301 58.37 7710.65060 GOLF MILL FORD BLOWER MOTOR #133 114.94 7710.65060 GOLF MILL FORD OIL GASKETS 41.12 7710.65060 GOLF MILL FORD OIL COOLER #43 95.27 7710.65060 GOLF MILL FORD RIGHT REAR WINDOW REG.64.71 7710.65060 GOLF MILL FORD BLOWER MOTOR SWITCH #133 36.45 7710.65060 GOLF MILL FORD UPPER ENGINE REPAIR 1,255.31 7710.65060 GOLF MILL FORD ANTENNA REPAIR 144.00 7710.65060 GOLF MILL FORD OUTSIDE REPAIR #50 442.91 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES FOR 2013 25,783.15 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 34.00 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 48.00 7710.65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASE FOR 2013 467.44 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 24.00 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 1,400.51 7710.65065 WENTWORTH TIRE SERVICE TIRE SERVICE AND RECAPPING 365.99 7710.65045 ALLDATA ALL DATA - DATA BASE 1,500.00 7710.65060 CARQUEST EVANSTON CLUTCH RETURN 99.06- 7710.65060 CARQUEST EVANSTON AIR FILTER RETURN 20.44- 7710.65060 CHICAGO HARLEY-DAVIDSON INSTALL NEW CHARGER 95.40 *Advanced Payment 1678 of 608 CITY OF EVANSTON, ILR5504003B BILLS LIST 06/25/13PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 CHICAGO INTERNATIONAL TRUCKS, OUTSIDE REPAIR #45 261.08 7710.65060 CHICAGO INTERNATIONAL TRUCKS, ENGINE REBUILD #317 1,211.23 7710.65060 CHICAGO INTERNATIONAL TRUCKS, LOW PRESSURE SWITCH 49.94 7710.65060 CHICAGO INTERNATIONAL TRUCKS, 9 FILTERS 416.79 7710.65060 CHICAGO INTERNATIONAL TRUCKS, SWITCH RETURN 17.06- 7710.65060 CHICAGO INTERNATIONAL TRUCKS, STRAP LINING RETURN 341.04- 7710.65060 CHICAGO PARTS & SOUND, LLC TPMS SENSOR 516.04 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 125.08 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 166.26 7710.65035 CITY WELDING SALES & SERVICE I CYLINDER RENTAL 71.98 7710.65060 COUNTRY GAS CO.CYLINDER RENTAL 29.95 7710.65060 CUMBERLAND SERVICENTER COMPRESSOR A/C 727.39 7710.65060 DOUGLAS TRUCK PARTS RV PLUGS 24.81 7710.65060 DUECO, INC.OUTSIDE REPAIR #575 398.90 7710.65060 EVANSTON AUTO GLASS WINDOW REGULATOR INSTALL 75.00 7710.65060 FOSTER COACH SALES, INC.LP BRACKET 286.46 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC BEZEL HEADLIGHT 77.80 7710.65060 HAVEY COMMUNICATIONS INC.STORAGE REPAIR #56 90.00 7710.65060 HYDRAULIC SHOP A/C HOSE ASSYM. 122.88 7710.65060 NORTH SHORE TOWING TOW & HOOK - MEDIUM DUTY 300.00 7710.65060 ORLANDO AUTO TOP SEAT REPAIR #589 395.00 7710.65060 RG SMITH EQUIPMENT COMPANY SWITCH 24.36 7710.65060 STANDARD EQUIPMENT COMPANY CAMERA KIT 472.50 7710.65060 SUBURBAN ACCENTS, INC.FIRE SHIELD MAGNETS 170.00 7710.65060 SUBURBAN ACCENTS, INC."150 YEAR" DOOR DECALS 237.90 60,019.86 60,612.69 00601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 7780.62375 UNITED RENTALS ROLLER RENTAL 2,851.67 7780.65550 BRUNSWICK COMMERCIAL & GOVERNM 17' GUARDIAN BOSTON WHALER 31,340.00 7780.65550 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTING & SIRENS 416.30 7780.65550 CURRIE MOTORS #307 CHEVY TAHOE 31,697.00 66,304.97 66,304.97 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 ILLINOIS STATE TREASURER *PENSION COMPLIANCE FEE 8,000.00 8,000.00 8,000.00 1,710,385.99 TOTAL *Advanced Payment 1779 of 608 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS VARIOUS WORKERS COMP 60,160.91 VARIOUS VARIOUS WORKERS COMP 4,672.95 VARIOUS VARIOUS CASUALTY LOSS 30,984.67 95,818.53 SEWER 7610.68305 IEPA LOAN DISBURSEMENT SEWER FUND 90,535.08 7570.68305 IEPA LOAN DISBURSEMENT SEWER FUND 272,601.06 7530.68305 IEPA LOAN DISBURSEMENT SEWER FUND 76,555.83 439,691.97 535,510.50 Grand Total 2,245,896.49 PREPARED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST CURRENT YEAR PERIOD ENDING 06/25/2013 *Advanced Payment 1880 of 608 For City Council meeting of June 24, 2013 Item A3.1 Business of the City by Motion: Utility Bill Print and Mail Service For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Superintendent of Construction & Field Services Subject: Utility Bill Printing and Mailing Services (RFP 13-27) Date: June 10, 2013 Recommended Action: Staff recommends City Council authorize the City Manager to execute an agreement for Utility Bill Printing and Mailing Services (RFP 13-27) for a two-year term with Infosend, Inc. (1406 Centre Circle Drive, Downers Grove, IL) in the not-to-exceed amount of $27,507.90. Funding Source: Funding for the first year of the contract will be in the not-to-exceed amount of $13,753.95. $7,000 will be provided from the Water Fund (7125.62455) and $6,753.95 will be provided from the Sewer Fund (7400.62455). Background: This contract is for the printing and mailing of utility bills, which include water, sewer and sanitation fees. It also includes printing and mailing of past due notices and shutoff notices. Staff requested pricing for a 1-year, 2-year and 3 year initial contract option. Analysis: The Request for Proposal (RFP) was advertised on Demandstar, in the Pioneer Press and in the Chicago Tribune. Proposals were received on May 28, 2013. Staff sent the RFP to 20 businesses, including 11 Evanston businesses. A total of seven proposals were received as summarized below. Memorandum 81 of 608 Vendor Information Vendor: Address: Cash Cycle Solutions, Inc. 3035 R. Horseshoe Lane, Charlotte, NC Dove Direct 5601 Fulton Ind. Blvd., Atlanta, GA Infosend, Inc. 1406 Centre Circle Drive, Downers Grove, IL Level One 3 Great Valley Parkway, Suite 100, Malvern, PA Pinnacle Data Systems 350 Automation Way, Birmingham, AL Teuteberg Incorporated 625 N, Dryden Avenue, Arlington Heights, IL Third Millenium 4200 Cantera Drive, Suite 105, Warrenville, IL Vendors provided pricing for a 1-year, 2-year and 3-year initial contract. Regardless of the initial term, the contract will have two optional one-year extensions. A summary of the pricing submitted by the different vendors is attached. Staff is recommending award of an initial 2-year contract with two optional 1-year extensions. A one-year contract is difficult to manage because of the extensive startup time required for a new vendor. However, staff did not want to lock into a three-year initial term because of changing technologies and City software. A 2-year term allows for stability without requiring an excessive commitment, in case the City’s print and mail nee ds change. The proposals were reviewed by: Lara Biggs, Superintendent – Construction & Field Services Vicki Biner, Meter Service Coordinator Kevin Lookis, Superintendent of Water Production Ashley Porta, Management Analyst The averaged scoring of the proposals was as follows: Selection Criteria Max Pts Infosend Dove Direct Cash Cycle Level One Third Millen Pinnacle Data Teute -berg Firm Qualifications/Experience 25 24 19 22 19 20 20 5 Project Approach/Features/Abilities 20 20 14 20 16 15 17 6 Cost 25 24 25 23 13 21 21 3 Completeness of Proposal 10 9 8 10 7 7 7 2 Willingness to Execute Agreement 10 9 5 5 9 10 5 5 M/W/EBE Participation 10 0 10 0 10 0 0 0 TOTALS 100 86 81 80 74 73 70 21 While several of the vendors could generally meet the requirements listed in the RFP, Infosend already has proven their integration ability to Northstar Harris, the City’s current billing software. In addition, Infosend had some additional features, such as the ability to remove remittance envelopes from the bills for residents that have registered for epay for no additional fee to the City. They are also located in the Chicago metropolitan area, and staff’s experience is that this can cut down on the time it takes residents to receive their utility bills once they are mailed. References for Infosend were checked and found to be favorable. 82 of 608 Therefore, staff is recommending award to Infosend for an initial two-year with two optional 1-year contract extensions. A memo reviewing compliance with the City of Evanston M/W/EBE requirements is attached. Attachments: Detailed Pricing Summary Memo on Compliance with the M/W/EBE Program 83 of 608 Utility Bill Printing and Mailing Services (RFP 13-27) Detailed Pricing Summary (annual price of the contract) Vendor: 1-Year Contract 2-Year Contract 3-Year Contract Dove Direct $12,582.25 $12,582.25 $12,582.25 Cash Cycle Solutions, Inc. $13,216.25 $13,216.25 $13,216.25 Infosend $13,753.95 $13,753.95 $14,130.68 Pinnacle Data Systems $13,777.75 $13,777.75 $13,777.75 Third Millenium $13,784.74 $13,806.50 $13,828.25 Level One $17,542.90 $17,015.98 $16,486.25 Teuteberg $71,789.09 $69,688.56 $63,617.65 84 of 608 RFP No. 13-27, Utility Bill Printing & Mailing Services, M/W/EBE Waiver, Infosend Inc., 6-19-13 To: David Stoneback, Director of Utilities From: Joseph McRae, Deputy City Manager Subject: RFP No. 13-27 Utility Bill Printing & Mailing Services Date: June 19, 2013 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. The RFP 13-27, Utility Bill Printing & Mailing Services, precludes subcontracting opportunities. Staff distributed the RFP to several Evanston businesses, but none responded with a formal proposal. Therefore a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Louis Gergits, Finance Manager Memorandum 85 of 608 For City Council meeting of June 24, 2013 Item A3.2 Business of the City by Motion for the Sherman Plaza Maintenance Plan For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager and Chief Financial Officer Rickey A. Voss, Revenue/ Manager Subject: Maintenance Plan Agreement for Sherman Plaza in the Amount of $115,000 beginning August 23, 2013 through August 22, 2014 Date: May 23, 2013 Recommended Action: The Parking/Transportation Committee and staff recommend approval to continue a maintenance agreement for Sherman Plaza that was established in 2006. The agreement covers the period of August 23, 2013 through August 22, 2014 for a maximum not-to-exceed amount of $115,000. Funding Source: Funding is provided by the Parking Fund, Account 7036.62660, in the amount of $115,000. Summary: On August 23, 2006, the City entered into a maintenance plan agreement involving Sherman Plaza. The Reciprocal Easement Agreement for the Sherman Plaza development, approved in November 1999, has a provision that the maintenance responsibilities of the various parties involved be defined in a maintenance plan. The agreement made provisions for a maximum not-to-exceed amount of $115,000 for the City and as noted below our previous years expenses were below $90,000. The plan is an agreement between the retail owner (currently owned by MB Evanston Sherman, LLC), the condominiums (The Residents of Sherman Plaza Condominium Association), and the City (owners and operators of the garage). The plan was developed to give a high level of maintenance throughout the facilities. A considerable amount of effort was put into establishing the desired frequency of maintenance which would provide the best end result, while recognizing the need to do this at a reasonable cost. The details of the responsibilities of the parties are clearly defined in the agreement. Memorandum 86 of 608 Page 2 of 2 The tasks have been listed and then divided among the parties according to their share in the financial responsibility of the task. Each task has a lead agency that is responsible for keeping up with the actual performance of the maintenance, as well as the tracking of the funds expended to perform the task. This financial tracking is the basis for allocation of the costs to the appropriate party. The City is currently paying $7,016 per month ($84,192 annually), Inland America Retail Management, LLC, $7,431 per month ($89,172 annually) and The Residents of Sherman Plaza Condominium Association, $703 per month ($8,436 annually) for a total cost of $181,800 per year. This total covers Sherman Plaza Janitorial expenses. On major items which have no prior agreement (a large, unexpected repair, for example), there is a provision that requires the responsible party to seek approval from the others if the expenditure is greater than $10,000. In addition, the term of the agreement provided an automatic renewal for successive one-year periods. The plan has provided a high level of service throughout Sherman Plaza. Inland America Retail Management, LLC currently oversees the maintenance agreement for elevator lobbies, joint entries, exterior sidewalks and other common use areas. The Transportation/Parking Committee recommended approval at the May 22, 2013 meeting. Attachments: Copy of Original Agreement Copy of Responsibility Schedule 87 of 608 88 of 608 89 of 608 90 of 608 91 of 608 92 of 608 93 of 608 94 of 608 95 of 608 96 of 608 97 of 608 98 of 608 99 of 608 Previously Approved Allocation Div C R G Condo Assoc.Retail Garage (City)TOTAL Rationale 0 CECO Vault CECO Room Exhaust, Door, Hardware, & Finishes X 33.33%33.33%33.33%100.00%Shared Benefit 0 Condo Doorman X X 100.00%0.00%0.00%100.00%Condo Specific 0 Condo Shared Emergency Stair Tower Doors, Hardware & Finishes at 1st and 2nd Floors X 50.00%50.00%0.00%100.00% Shared Benefit 0 Garage Engineering Reports (Bi-Annual)X X 19.04%0.00%80.96%100.00%REA 0 Garage Pay Stations X X 0.00%0.00%100.00%100.00%Garage Specific 0 Housekeeping Condo Hallways X X 100.00%0.00%0.00%100.00%Condo Specific 0 Housekeeping Condo Main Lobby X X 100.00%0.00%0.00%100.00%Condo Specific 0 Housekeeping Condo Elevator Lobbies X X 100.00%0.00%0.00%100.00%Condo Specific 0 Housekeeping Garage - Public Decks to Sidewalks X X 0.00%0.00%100.00%100.00%Garage Specific 0 Housekeeping Garage - Enclosed Condo Decks X X 100.00%0.00%0.00%100.00%Condo Specific 0 Housekeeping Garage/Retail Vestibules & Elevator Cabs X X 0.00%6.25%93.75%100.00%REA 0 Housekeeping Loading Dock X X 33.33%66.67%0.00%100.00%REA 0 Housekeeping Retail Corridors X X 0.00%100.00%0.00%100.00%September 20, 2007 Letter Agreement 0 Housekeeping Sidewalks (Includes Snow Removal & Salt) X X 0.00%83.60%16.40%100.00% Updated at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston. Condo Association to handle their own snow removal. 0 Insurance Individual Parcels X X X X 0 Loading Dock Manager X X 17.27%56.85%25.88%100.00%September 20, 2007 Letter Agreement 0 Loading Dock Retail Dock Bays X X 0.00%100.00%0.00%100.00%REA 0 Loading Dock Condo Dock Bays X X 100.00%0.00%0.00%100.00%REA 0 Loading Dock Loading Dock Shared Service Aisle and Misc. Shared Infrastructure Including (Not Limited To) Toilet Room, Louvers, Hand Rails, & Signage X X 33.33%66.67%0.00%100.00% REA 0 Trash Trash Removal X X X X 0 Water Cooling Towers X X X 0 Window Washing Tower Exterior X X 100.00%0.00%0.00%100.00%Condo Specific 0 Window Washing Garage SW Interior X X 0.00%0.00%100.00%100.00%Garage Specific 0 Window Washing Garage SW Exterior X X 0.00%0.00%100.00%100.00%Garage Specific 0 Window Washing Garage NE Interior (2-12)X X 0.00%0.00%100.00%100.00%Changed from Original Agreement 0 Window Washing Garage NE Exterior (2-12)X X 0.00%0.00%100.00%100.00%Changed from Original Agreement 0 Window Washing Condo Lobby X X 100.00%0.00%0.00%100.00%Condo Specific 0 Window Washing Ground NE Lobby X X 0.00%100.00%0.00%100.00%Primarily Retail 0 Window Washing Retail Exterior X X X X Tenants 2 Detention Basin Detention Basin & Related Infrastructure X X 20.44%40.16%39.40%100.00%REA 2 Landscaping Plantings within Concrete Streetscape Planters X X 0.00%0.00%100.00%100.00% Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston. 2 Landscaping Plantings within Decorative Pots X X 0.00%100.00%0.00%100.00% Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston. Item SHERMAN PLAZA MAINTENANCE PLAN Prepared by Focus Property Management June 24, 2011 Responsibility Cost Allocations S:\Council Agenda\Final Agenda\2013\6-24-13\APW\A3.2 Sherman Plaza\Sherman Plaza Maintenance Plan 080808 6/20/2013 12:25 PM Prepared By: Focus Development Page 1 of 3100 of 608 Previously Approved Allocation Div C R G Condo Assoc.Retail Garage (City)TOTAL RationaleItem SHERMAN PLAZA MAINTENANCE PLAN Prepared by Focus Property Management June 24, 2011 Responsibility Cost Allocations 2 Landscaping Shrubs with Garage Passageway Between LA Fitness and Cereality Space X X 0.00%100.00%0.00%100.00% Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston. 2 Landscaping Green Roof X X 100.00%0.00%0.00%100.00%Condo Specific 2 Landscaping Streetscape Irrigation System X X 0.00%100.00%0.00%100.00% Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston. 2 Landscaping Streetscape Lighting X X 0.00%100.00%0.00%100.00% Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston. 2 Streetscape Sidewalk Cleaning & Pressure Washing X X 0.00%100.00%0.00%100.00% Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston. 2 Streetscape Sidewalk Maintenance & Repair (Brick Pavers)X X 0.00%0.00%100.00%100.00% Confirmed at August 8, 2008 Meeting with Condo Management, Retail Management, & City of Evanston. 7 Roofing Tower X X 100.00%0.00%0.00%100.00%Condo Specific 7 Roofing Garage X X 19.04%0.00%80.96%100.00%Garage Specific 7 Roofing Retail X X 0.00%100.00%0.00%100.00%Retail Specific 7 Roofing Green Roof (3rd, 6th, & 7th Floor)X X 100.00%0.00%0.00%100.00%Condo Specific 7 Roofing Adjacent to Cooling Towers X X 0.00%100.00%0.00%100.00%Designated Retail 7 Thermal & Moisture Protection Expansion / Architectural Joints Between Condo, Retail & Garage (P10 Line)X 40.00%10.00%50.00%100.00% Shared Benefit 7 Thermal & Moisture Protection Expansion / Architectural Joints Between Garage & Retail at NE Stair X 0.00%75.00%25.00%100.00% Shared Benefit 8 Doors & Windows Canopy Glass X X 8 Doors & Windows Shared Loading Dock O.H. Doors, Man Doors, and Related Hardware X 33.33%66.67%0.00%100.00%REA 8 Doors & Windows Automatic Door Openers at Garage Passageway X 0.00%0.00%100.00%100.00%Garage Specific, Not Required for Retail 10 Specialties Fabric Awnings X 0.00%84.00%16.00%100.00%Primarily Retail but Certain Awnings on Davis are Garage Specific 14 Elevator/Escalator Retail (Barnes & Noble car)X Tenant 14 Elevators Garage (3 SW Cars)X X 0.00%0.00%100.00%100.00%Garage Specific 14 Elevators Garage (3 NE Cars)X X 0.00%12.50%87.50%100.00%Shared Benefit (LA Fitness on 2nd Floor) 14 Elevators Condo (Dedicated Garage Elevator)X X 100.00%0.00%0.00%100.00%Condo Specific 14 Elevators Condo (Mid-rise cars)X X 100.00%0.00%0.00%100.00%Condo Specific 14 Elevators Retail (Red Door Spa car)X X Retail Specific 14 Engineering Barnes & Noble Rooftop HVAC X Tenant 15 Fire Protection Fire Pump, Controller, & Other Shared Components Including Scheduled Testing X 60.00%24.00%16.00%100.00% Shared Benefit 15 Fire Protection Loading Dock Dry System X 33.33%66.67%0.00%100.00%REA 15 Mechanical Condo Cooling Towers & Chillers (2)X X 100.00%0.00%0.00%100.00%Condo Specific 15 Mechanical Condo Boilers X X 100.00%0.00%0.00%100.00%Condo Specific Tenant Tenant S:\Council Agenda\Final Agenda\2013\6-24-13\APW\A3.2 Sherman Plaza\Sherman Plaza Maintenance Plan 080808 6/20/2013 12:25 PM Prepared By: Focus Development Page 2 of 3101 of 608 Previously Approved Allocation Div C R G Condo Assoc.Retail Garage (City)TOTAL RationaleItem SHERMAN PLAZA MAINTENANCE PLAN Prepared by Focus Property Management June 24, 2011 Responsibility Cost Allocations 15 Mechanical Loading Dock Radiant Heat Boiler for Soffit X X 33.33%66.67%0.00%100.00%REA 15 Mechanical Retail Cooling Tower X X 0.00%100.00%0.00%100.00%Retail Specific 15 Mechanical Mechanical Screens for Cooling Towers X 66.67%33.33%0.00%100.00%Shared Benefit 15 Mechanical Loading Dock General Exhaust System X 33.33%66.67%0.00%100.00%REA 15 Plumbing Exterior Hose Bibs X X 0.00%100.00%0.00%100.00%Changed from Original Agreement 15 Plumbing Domestic Water Pumps, Primary Water Distribution & Pump Room Door, Hardware & Finishes X 65.00%35.00%0.00%100.00% Condo Management, Retail Management, & City of Evanston to Reevaluate Based on Actual Water Bills 15 Plumbing Loading Dock Catch Basin & Sump Pump X 33.33%66.67%0.00%100.00%REA 16 Communications Incoming Phone Service Including Shared Loading Dock Phone Closet, Door, Hardware & Finishes X 33.33%33.34%33.33%100.00% Shared Benefit 16 Electrical Exterior Lighting, Bulbs, Electricity @ Retail Levels & Streetscape X X 0.00%100.00%0.00%100.00%Changed from Original Agreement 16 Electrical Garage Lighting X X 0.00%0.00%100.00%100.00%Changed from Original Agreement 16 Electrical Emergency Generator, ATS, UPS, Fuel, Exhaust, Maintenance, Generator Room Door, Hardware & Finishes X 63.00%16.00%21.00%100.00% Shared Benefit 16 Electrical Loading Dock Lighting, Bulbs, & Electricity X 33.33%66.67%0.00%100.00%REA 16 Electrical Lighting at Decorative Eyebrow @ Sherman Ave.X 0.00%100.00%0.00%100.00% 16 Fire Alarm Fire Alarm/Life Safety System Monitoring & Maintenance X X X 16 Fire Alarm Shared Condo/Retail Fire Alarm Room Doors, Hardware & Finishes X 50.00%50.00%0.00%100.00%Shared Benefit 27 Taxes Individual Parcels X X X X S:\Council Agenda\Final Agenda\2013\6-24-13\APW\A3.2 Sherman Plaza\Sherman Plaza Maintenance Plan 080808 6/20/2013 12:25 PM Prepared By: Focus Development Page 3 of 3102 of 608 For City Council meeting of June 24, 2013 Item A3.3 Business of the City by Motion: Firemen’s Park Renovations 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 Subject: Contract Award Recommendation to Elanar Construction Company for the Firemen’s Park Renovation Project, Bid #13-39 Date: June 24, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the base bid plus alternate bids 1, 2 and 3 for the Firemen’s Park Renovation Project with Elanar Construction Company located at 1739 Chestnut Avenue, #500, Glenview, Illinois 60025, in the amount of $ 255,400.00. Funding Source: Restricted Account 100.41333 (Nicor Park Easement): $ 5,000.00 FY 2012 CDBG: $ 35,000.00 FY 2013 CDBG: $ 40,000.00 FY 2013 CIP Account 415385: $235,000.00 * Total Funding: $315,000.00 * This total does not include a 50/50 match up to $20,000 for new park lighting which is anticipated from Northwestern University. Summary: A variety of existing improvements at Firemen’s Park, located at the intersection of Simpson Street and Maple Avenue, are in a deteriorated or deficient state. As a result, funding has been allocated through a variety of sources to provide the needed renovations. Renovated elements will include new playground equipment and surfacing, new pavements, fencing and furnishings, new security lighting (50% of which will be paid for by Northwestern University), a new drinking fountain and new landscaping. Public meetings to develop and refine design ideas took place in winter 2013 and construction documents were prepared by staff in spring 2013. Memorandum 103 of 608 On May 9, 2013 the City issued bid documents for the project and on June 4, 2013 the City received and publicly read three (3) bids. Bid results were as follows: In order to provide greater flexibility, the bid included three alternate items as follows: Alternate 1 includes installation of a new recycled plastic park identification sign. This item is recommended for award as it will help update the park’s appearance overall and is well within the project budget. Alternate 2 includes replacement of the existing chain link fence along the park’s western border. This item is recommended for award as the existing fence is in a highly deteriorated and damaged condition and is well within the project budget. Alternate 3 includes installation of new security lighting and a new electrical service. This item is recommended for award as it will significantly improve public safety in and around the park and is well within the project budget. Additionally, 50% of the cost of this work will be paid for by Northwestern University who has offered this assistance as a way to improve safety for the neighborhood and their student population. Staff recommends that the base bid plus alternate items 1, 2 and 3 be awarded to the low bidder, Elanar Construction Company (Elanar) for the lump sum amount of $255,400.00. Staff have contacted Elanar’s references for similar construction contracts and received favorable feedback. References from several Illinois park districts have indicated multiple experiences working with Elanar, all with positive results. Elanar has made a good faith effort to meet with the City’s M/W/EBE goals but has requested a partial waiver (please see attached memorandum for additional information). Contractor Base Bid Alternate 1 Alternate 2 Alternate 3 Total Bid Amount Elanar Construction Company 1739 Chestnut Avenue, #500, Glenview, IL 60025 $212,400.00 $4,800.00 $5,400.00 $32,800.00 $255,400.00 Fuertes Systems Landscaping, Inc. PO Box 328 Plainfield, IL 60544 $218,845.00 $9,900.00 $8,200.00 $39,000.00 $275,945.00 Boller Construction Company, Inc. 3045 Washington Street, Waukegan IL 60085 $333,000.00 $5,500.00 $4,000.00 $55,000.00 $397,500.00 104 of 608 A breakdown of funding for this project is as follows: Account Summary Project Funding (detailed above) $315,000.00 Encumbrances / expenditures to date* -$9,973.00 Recommended bid award -$255,400.00 Balance Remaining $49,627.00 * Encumbrances/expenditures to date include consultant fees for topographic surveying and electrical engineering design work. Construction of this project is scheduled to begin in summer 2013. The current substantial completion deadline is October 18, 2013. A protest letter was received from Boller Construction Company. Staff met to consider the protest, and a letter to Boller Construction was sent. Copies of both letters are attached. ------------------------------------------------------------------------------------- Attachments: M/W/EBE Memo June 5, 2013 Letter from Boller Construction Co, Inc. June 20, 2013 Response letter to Boller Construction Company from City of Evanston 105 of 608 Bid # 13-39, Contract for Elanar Construction Company, M/W/EBE Compliance Approval, 2013 Firemen’s Park Renovation Project To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Recommendation for Contract Award Recommendation to Elanar Construction Company for the Firemen’s Park Renovation Project, Bid 13-39 Date: June 19, 2013 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 Bid #13-39, Elanar Construction Company has successfully subcontracted 19% of the work to certified M/W/EBE’s. Elanar Construction Company, for a total base bid is $255,400.00, and will receive 19.06% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Genex Electric Electrical Work $32,800.00 12.84% X Natures Perspective Landscaping $12,400.00 4.85% X Ozinga Ready Mix Concrete Supplier $3,500.00 1.37% X Total M/W/EBE $48,700.00 19.06% Based upon their good faith effort to meet the City’s M/W/EBE goals, a waiver is granted for the remaining 5.94% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 106 of 608 107 of 608 108 of 608 109 of 608 For City Council meeting of June 24, 2013 Item A3.4 Business of the City by Motion: 2013 Municipal Service Center ‘D’ Building Roof and Masonry Repair Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director Public Works Homayoon Pirooz, PE, Assistant Director Public Works Stefanie Levine, RLA, Senior Project Manager Public Works Subject: Contract Award Recommendation to Construction Consulting and Disbursement Services, Inc. for the 2013 Municipal Service Center ‘D’ Building Roof and Masonry Repair Project, Bid #13-29 Date: June 24, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2013 Municipal Service Center ‘D’ Building Roof and Masonry Repair Project , Bid #13-29, with Construction Consulting and Disbursement Services, Inc. (CCDS) located at 900 Skokie Boulevard, Suite 100, Northbrook, Illinois 60062 in the amount of $39,300. Funding Source: FY 2013 CIP Account Number 415224: $75,000. Summary: The south end of the Municipal Service Center’s ‘D’ building is comprised of a single story, three bays storage structure with a separate roofing system from the adjacent parking deck. The structure has bearing walls supporting precast concrete slabs and built-up roofing. Active roof leaks at the east and west walls have caused deterioration and failure of the structural bond beams situated at the top of the masonry bearing walls. This deterioration has compromised the building’s structural integrity and must be repaired to prevent failure. The built-up roofing system has also reached its life expectancy and replacement is therefore recommended rather than repair. In order to address these issues, staff prepared contract documents for construction. The repair work includes removal and replacement of the built-up roofing system, removal and replacement of the failing bond beams and limited tuckpointing to repair damaged masonry joints impacted by the bond beam failures. Memorandum 110 of 608 On May 9, 2013, the City issued bid documents for this repair project and on June 4, 2013 the City received four (4) bids as follows: Staff recommends approval of the bid provided by CCDS at a total cost of $39,300. CCDS is in compliance with the City’s M/W/EBE goals, see attached memorandum for more information. Staff has checked CCDS’s references with positive results. One reference, from a consulting firm who has worked with CCDS indicated that this contractor was both on time and on budget and their workmanship was of good quality. This reference also indicated that CCDS helped resolve problems discovered during construction. A breakdown of CIP account 415224 is as follows: Account Summary CIP Account. No. 415224 (FY 2013) $75,000.00 Expenditures / encumbrances to date (bid advertisement) -803.00 Recommended bid award -$39,300.00 Balance Remaining $34,897.00 Construction of this project is scheduled to start in July 2013 with completion anticipated by August 30, 2013. ------------------------------------------------------------------------------------- Attachments: M/W/EBE Memorandum Contractor Base Bid Construction Consulting and Disbursement Services, Inc., 900 Skokie Blvd., Suite 100, Northbrook, IL. 60062 $39,300.00 G. E. Riddiford Company, 2333 Hamilton Road, Arlington Heights, IL. 60005 $42,193.00 G. A. Johnson & Son, 828 Foster Street, Evanston, IL. 60201 $46,330.00 L. Marshall, Inc., 2100 Lehigh Avenue, Glenview, IL. 60026 $47,000.00 111 of 608 Bid No. 13-29, Contract for Construction Consulting & Disbursement Services, Inc., M/W/EBE Compliance Approval, 2013 Municipal Service Center ‘D’ Building Roof and Masonry Repair Project To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Contract for Bid No. 13-29 Date: June 19, 2013 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 Bid No. 13-29, Contract to Construction Consulting & Disbursement Services, Inc. for the 2013 Municipal Service Center ‘D’ Building Roof and Masonry Repair Project, is found to be in initial compliance with the goal because they have met the City M/W/EBE goal. Construction Consulting & Disbursement Services, Inc. for a total base bid is $39,300.00 and will receive 54.7% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE DuSable Const. Co, Inc. Roofing $21,500.00 54.7% X Total M/W/EBE $21,500.00 54.7% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 112 of 608 For City Council meeting of June 24, 2013 Item A3.5 Business of the City by Motion: 2013 Water Main & Street Resurfacing Project II 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 for Infrastructure & Engineering Sat Nagar, P.E., Senior Project Manager Subject: Contract Award for 2013 Water Main Replacement & Street Resurfacing Project II Date: June 13, 2013 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for The 2013 Water Main Replacement & Street Resurfacing CIP 2 Project (Bid 13-45) to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the amount of $1,568,320.50. Funding Source: Funding is provided by the Water Fund (733086.65515) in the amount of $982,262.50, Sewer Fund (7420.65515) in the amount of $81,980 and CIP Street Resurfacing Fund (415857.65515) in the amount $504,078. Summary: The following street segments are included in the CIP Group 2 water main replacements and/or street resurfacing project. Clark Street – Orrington Avenue to Chicago Avenue Austin Street – Ridge Avenue to Custer Avenue Keeney Street - Hartrey Avenue to Dodge Avenue. The above streets in CIP 2 have been included as a separate project to accommodate a faster construction schedule for Northwestern University as well as Saint Francis Hospital needs. The CIP group 1 included most of the streets around the schools to accommodate completion of construction before the school starts in late August. Memorandum 113 of 608 A location map showing the water main replacement & street resurfacing included in Project two is attached. The bid documents were prepared by in-house Engineering staff and sent to several potential bidders. The project was bid in April and advertised in the Chicago Tribune. The project was also published in the State Contractors Bulletin and on Demand Star. The bids were opened on June 11, 2013. Bids were submitted by Glenbrook Excavating & Contracting Inc., Wauconda, and A. Lamp Concrete Contractors, Schaumburg. The bid results are correct and in order. A copy of the bid tabulation is enclosed for your review. CONTRACTOR BID PRICE A. Lamp Concrete Contractors $1,568,320.50 Glenbrook Excavating & Contracting $1,699,500.34 The engineer’s estimate for this project is $1,843,215.50. The City’s estimate is based on previous year’s prices considering price incre ases to account for inflation. The first low bid contractor, A. Lamp Concrete Contractors Inc., is in compliance with the M/W/EBE goal of the City. They are satisfying their M/W/EBE goal by having Ozinga Chicago RMC, Inc. (Evanston Business), Marking Specialists Corporation and Alas Trucking Inc., (both certified MBE Firms) as subcontractors. The total value of the estimated M/W/EBE subcontracted work is 25.5% of the total contract amount. The M/W/EBE schedule and supporting documentation has been reviewed and approved by the City Manager’s office, as indicated in the attached memo. A. Lamp Concrete Contractors Inc. has worked with the City before on similar projects and completed work on time and within budget. CIP Project three will consist of resurfacing an additional seven street segments and will be presented to Council next month. Attachments: Bid Tab Location Map M/W/EBE Memo 114 of 608 CITY OF EVANSTON TABULATION OF BIDS FOR 2013 WATER MAIN REPLACEMENT AND STREET RESURFACING PROJECT II PW - WMRS - 1304 DATE: 06 / 11 / 13 NAME AND ADDRESS OF BIDDERS TIME: 2:00 P.M. ATTENDED BY: SN TOTAL UNIT UNIT UNIT QUANTITY PRICE PRICE PRICE 1 Temporary Fence Foot 4,170 $2.00 $8,340.00 $0.60 $2,502.00 $1.00 $4,170.00 2 Tree Trunk Protection Each 39 $150.00 $5,850.00 $6.00 $234.00 $75.00 $2,925.00 3 Earth Saw Cuts of Tree Roots (Root Prunning)Foot 1,036 $3.50 $3,626.00 $2.00 $2,072.00 $5.00 $5,180.00 4 Thermoplastic Pavement Marking Letters and Symbols Sq.Ft. 38 $7.00 $266.00 $7.00 $266.00 $4.00 $152.00 5 Thermoplastic Pavement Marking Line-4”Foot 214 $1.00 $214.00 $2.00 $428.00 $1.05 $224.70 6 Thermoplastic Pavement Marking Line-6”Foot 1,721 $1.50 $2,581.50 $3.00 $5,163.00 $1.75 $3,011.75 7 Thermoplastic Pavement Marking Line-8"Foot 340 $2.00 $680.00 $4.00 $1,360.00 $2.33 $792.20 8 Thermoplastic Pavement Marking Line-12"Foot 374 $3.00 $1,122.00 $5.00 $1,870.00 $3.50 $1,309.00 9 Thermoplastic Pavement Marking Line-24”Foot 326 $5.00 $1,630.00 $6.00 $1,956.00 $7.00 $2,282.00 10 Combined Sewers, 8", Special (D.I.P., Cl. 52)Foot 29 $140.00 $4,060.00 $100.00 $2,900.00 $75.00 $2,175.00 11 Storm Sewers, 10", Special (D.I.P., Cl. 52)Foot 85 $150.00 $12,750.00 $85.00 $7,225.00 $85.00 $7,225.00 12 Storm Sewers, 12", Special (D.I.P., Cl. 52)Foot 22 $160.00 $3,520.00 $90.00 $1,980.00 $95.00 $2,090.00 13 Earth Excavation Cu.Yd. 2,197 $50.00 $109,850.00 $35.00 $76,895.00 $1.00 $2,197.00 14 Trench Backfill Cu.Yd. 1,717 $30.00 $51,510.00 $20.00 $34,340.00 $1.00 $1,717.00 15 Granular Backfill Ton 364 $30.00 $10,920.00 $1.00 $364.00 $0.01 $3.64 16 Sub-Base Granular Material, Type B (Temporary Use) Cu.Yd. 108 $30.00 $3,240.00 $1.00 $108.00 $1.00 $108.00 17 Furnishing and Placing Topsoil, 3”Sq.Yd. 1,164 $3.00 $3,492.00 $2.00 $2,328.00 $7.50 $8,730.00 18 Sodding, Salt Tolerant Sq.Yd. 1,764 $6.00 $10,584.00 $7.00 $12,348.00 $3.50 $6,174.00 19 Aggregate Base Course, Type B, 4”Sq.Yd. 430 $5.00 $2,150.00 $4.50 $1,935.00 $12.00 $5,160.00 20 Aggregate Base Course, Type B, 6”Sq.Yd. 30 $7.00 $210.00 $6.50 $195.00 $20.00 $600.00 21 HES PCC Base Course Widening, 9”Sq.Yd. 175 $55.00 $9,625.00 $30.00 $5,250.00 $60.00 $10,500.00 22 Bituminous Material (Prime Coat)Gal. 1,104 $2.00 $2,208.00 $3.00 $3,312.00 $2.75 $3,036.00 23 Aggregate (Prime Coat)Ton 220 $25.00 $5,500.00 $1.00 $220.00 $1.00 $220.00 24 Mixture for Cracks, Joints and Flangeways Ton 9 $350.00 $3,150.00 $25.00 $225.00 $730.00 $6,570.00 25 Leveling Binder, (Mach Meth) N50 (IL 9.5mm)Ton 618 $80.00 $49,440.00 $88.00 $54,384.00 $86.00 $53,148.00 26 Hot-Mix Asphalt Surface Course, Mix"D", N50(IL 9.5mm) Ton 927 $85.00 $78,795.00 $94.00 $87,138.00 $92.00 $85,284.00 27 PCC Driveway Pavement, 6”Sq.Yd. 9 $50.00 $450.00 $45.00 $405.00 $65.00 $585.00 28 PCC Driveway Pavement, 8”Sq.Yd. 211 $55.00 $11,605.00 $50.00 $10,550.00 $48.00 $10,128.00 29 PCC Sidewalk, 5”Sq.Ft. 20,180 $4.25 $85,765.00 $4.00 $80,720.00 $4.50 $90,810.00 30 Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd. 11,037 $4.00 $44,148.00 $3.50 $38,629.50 $5.00 $55,185.00 31 Pavement Removal Sq.Yd. 460 $18.00 $8,280.00 $12.00 $5,520.00 $25.00 $11,500.00 32 Driveway Pavement Removal Sq.Yd. 220 $14.00 $3,080.00 $12.00 $2,640.00 $16.50 $3,630.00 33 Curb Removal Foot 1,750 $3.00 $5,250.00 $3.50 $6,125.00 $5.00 $8,750.00 34 Combination Curb and Gutter Removal Foot 1,133 $3.00 $3,399.00 $3.50 $3,965.50 $8.00 $9,064.00 35 Sidewalk Removal Sq.Ft. 14,950 $1.20 $17,940.00 $1.00 $14,950.00 $2.00 $29,900.00 36 Concrete Base Course Widening Sq.Yd. 72 $55.00 $3,960.00 $30.00 $2,160.00 $65.00 $4,680.00 37 Class B Patches, Special, 9” (HES)Sq.Yd. 331 $70.00 $23,170.00 $45.00 $14,895.00 $70.00 $23,170.00 38 Class D Patches, Special, 9”Sq.Yd. 413 $65.00 $26,845.00 $45.00 $18,585.00 $85.85 $35,456.05 39 Full Depth Patches, Special, 11”Sq.Yd. 636 $60.00 $38,160.00 $50.00 $31,800.00 $75.00 $47,700.00 40 Incidental Hot-Mix Asphalt Surfacing Ton 75 $200.00 $15,000.00 $175.00 $13,125.00 $200.00 $15,000.00 41 Water Main, 12" (D.I.P., Cl. 52), Push Joint Foot 1,342 $160.00 $214,720.00 $115.00 $154,330.00 $155.00 $208,010.00 42 Water Main, 10" (D.I.P., Cl. 52), Push Joint Foot 5 $140.00 $700.00 $110.00 $550.00 $400.00 $2,000.00 43 Water Main, 8" (D.I.P., Cl. 52), Push Joint Foot 185 $120.00 $22,200.00 $90.00 $16,650.00 $90.00 $16,650.00 44 Water Main, 8" (D.I.P., Cl. 52), Directionally Drilled Foot 1,200 $240.00 $288,000.00 $120.00 $144,000.00 $135.00 $162,000.00 45 Water Main, 6" (D.I.P., Cl. 52), Push Joint Foot 37 $110.00 $4,070.00 $80.00 $2,960.00 $110.00 $4,070.00 46 Water Service Line, 2" Diameter or Less, Short, Complete Each 31 $2,000.00 $62,000.00 $1,500.00 $46,500.00 $2,500.00 $77,500.00 47 Water Service Line, 2" Diameter or Less, Long, Complete Each 27 $2,500.00 $67,500.00 $2,000.00 $54,000.00 $3,300.00 $89,100.00 48 Water Service Line, 4" Diameter or Greater, WM Pipe, Valves and Valve Boxes, Complete Each 2 $5,000.00 $10,000.00 $4,000.00 $8,000.00 $4,800.00 $9,600.00 49 8" Pressure Tap, 12"x8" Tapping Sleeve, 8" Tapping Valve, Complete Each 1 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $8,500.00 $8,500.00 50 Water Valve, 12"Each 6 $4,500.00 $27,000.00 $3,500.00 $21,000.00 $3,000.00 $18,000.00 51 Water Valve, 10"Each 1 $4,000.00 $4,000.00 $3,000.00 $3,000.00 $2,750.00 $2,750.00 52 Water Valve, 8"Each 2 $3,500.00 $7,000.00 $1,750.00 $3,500.00 $2,500.00 $5,000.00 53 Viton or FKM Gaskets, Various Sizes, Complete, As Needed Each 16 $400.00 $6,400.00 $25.00 $400.00 $50.00 $800.00 54 Fire Hydrant, WM Pipe, Auxiliary Valve and Valve Box, Complete Each 6 $4,000.00 $24,000.00 $4,250.00 $25,500.00 $5,500.00 $33,000.00 55 Adjusting Sanitary Sewers, 8" Diameter or Less Each 29 $400.00 $11,600.00 $450.00 $13,050.00 $550.00 $15,950.00 56 High Capacity Inlet, 2'x3', Type M6 Grate (Vane), Curb Back Height (3.50"-9.00"), EJIW 7035 Each 1 $2,800.00 $2,800.00 $4,500.00 $4,500.00 $2,000.00 $2,000.00 57 Inlets, Type A, Type 1 Frame, Open Lid (36" Depth)Each 1 $2,000.00 $2,000.00 $1,350.00 $1,350.00 $1,200.00 $1,200.00 58 Catch Basins, Type A, 4' Diameter, Type 1 Frame, Open Lid Each 3 $3,000.00 $9,000.00 $2,250.00 $6,750.00 $2,800.00 $8,400.00 59 Valve Vaults, Type A, 5' Diameter, Type 1 Frame, Closed Lid Each 5 $3,000.00 $15,000.00 $3,000.00 $15,000.00 $3,000.00 $15,000.00 60 Valve Box, Complete Each 2 $450.00 $900.00 $500.00 $1,000.00 $280.00 $560.00 61 Fiberglass Fabric Repair System Sq.Yd. 920 $45.00 $41,400.00 $30.00 $27,600.00 $68.00 $62,560.00 62 Catch Basins To Be Adjusted Each 2 $400.00 $800.00 $325.00 $650.00 $300.00 $600.00 63 Manholes To Be Adjusted Each 19 $425.00 $8,075.00 $350.00 $6,650.00 $300.00 $5,700.00 64 Manholes To Be Reconstructed Each 4 $1,250.00 $5,000.00 $1,200.00 $4,800.00 $1,000.00 $4,000.00 65 Valve Box To Be Adjusted Each 10 $400.00 $4,000.00 $200.00 $2,000.00 $200.00 $2,000.00 66 Valve Vaults To Be Adjusted Each 2 $425.00 $850.00 $350.00 $700.00 $300.00 $600.00 67 Handhole To Be Adjusted Each 2 $700.00 $1,400.00 $950.00 $1,900.00 $850.00 $1,700.00 68 Remove and Reset Existing Street Signs, Complete Each 11 $200.00 $2,200.00 $25.00 $275.00 $150.00 $1,650.00 69 Remove and Reset Existing Streetlight, Complete Each 2 $3,500.00 $7,000.00 $5,000.00 $10,000.00 $4,500.00 $9,000.00 70 Remove and Reset Existing Traffic Signal, Complete Each 1 $5,000.00 $5,000.00 $12,500.00 $12,500.00 $11,500.00 $11,500.00 71 Removing Inlets Each 1 $450.00 $450.00 $150.00 $150.00 $350.00 $350.00 72 Removing Catch Basins Each 2 $500.00 $1,000.00 $350.00 $700.00 $625.00 $1,250.00 73 Removing Valve Vaults Each 1 $500.00 $500.00 $350.00 $350.00 $550.00 $550.00 74 Removing Valve Boxes Each 4 $200.00 $800.00 $200.00 $800.00 $150.00 $600.00 75 Removing Fire Hydrants Each 6 $600.00 $3,600.00 $550.00 $3,300.00 $500.00 $3,000.00 76 Frames and Lids, Type-1, Closed Lid Each 4 $400.00 $1,600.00 $450.00 $1,800.00 $350.00 $1,400.00 77 Concrete Curb, Type B (AEP-Modified)Foot 80 $20.00 $1,600.00 $18.50 $1,480.00 $18.00 $1,440.00 78 Combination Concrete Curb & Gutter, Type B6.12 (AEP- Modified)Foot 2,053 $21.00 $43,113.00 $18.50 $37,980.50 $20.00 $41,060.00 79 Detectable Warnings Sq.Ft. 710 $35.00 $24,850.00 $28.00 $19,880.00 $20.00 $14,200.00 80 Pavers Removal and Replacement Sq. Ft. 40 $15.00 $600.00 $20.00 $800.00 $20.00 $800.00 81 Street Sweeping Each 30 $400.00 $12,000.00 $10.00 $300.00 $150.00 $4,500.00 82 Exploration Trench, D < 10 ft.Each 24 $1,000.00 $24,000.00 $25.00 $600.00 $577.00 $13,848.00 83 Special/Non Special Waste Disposal Cu.Yd. 2,197 $26.00 $57,122.00 $1.00 $2,197.00 $1.00 $2,197.00 84 Soil Disposal Analysis Lump Sum 1 $15,000.00 $15,000.00 $1,500.00 $1,500.00 $5,000.00 $5,000.00 85 Pre and Post Construction Sub-Surface Videotaping Lump Sum 1 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $50,000.00 $50,000.00 86 Traffic Control and Protection Lump Sum 1 $71,000.00 $71,000.00 $300,000.00 $300,000.00 $167,563.00 $167,563.00 87 Construction Layout Lump Sum 1 $15,000.00 $15,000.00 $30,000.00 $30,000.00 $35,000.00 $35,000.00 88 Changeable Message Sign (6 signs - 2 month each) Cal. Mo. 12 $1,500.00 $18,000.00 $25.00 $300.00 $1,400.00 $16,800.00 $1,843,215.50 $1,568,320.50 $1,699,500.34 $1,568,320.50 $1,699,500.34 TOTAL APPROVED ENGINEER'S ESTIMATE TOTAL BID AS READ AS CORRECTED ITEM NUMBER ITEM UNIT ALAMP CONCRETE CONTRACTORS, INC. 1900 WRIGHT BLVD. SCHAUMBURG, IL 60193 TOTAL GLENBROOK EXCAVATING & CONCRETE, INC. 1350 N. OLD RAND ROAD WAUCONDA, IL 60084 TOTAL 115 of 608 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STST E W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINC OLN ST CASE PL LAKE ST CHURCH S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSH E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVERIDGE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSON LIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGE AVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTCRAWFORD LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST P R A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD ST ASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL R O S L Y N P L HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELL A K E M I C H I G A N1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 320031002100180013001400800600400CIP 2 project location map 12/10/2010 0 0.5 10.25 Mile ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. PROJECT LOCATIONS 2013 CIP 2, Water Main and Street Improvement Project, PW-WMRS-1304, Bid No: 13-45 City of Evanston Department of Public Works Water Main Replacement Street Resurfacing 116 of 608 Bid No. 13-45, 2013 Water Main Replacement & Street Resurfacing Project II, M/W/EBE Compliance Approval, MWEBE Compliance, 6-19-13 To: Suzette Robinson, Director of Public Works From: Joseph McRae, Deputy City Manager Subject: Bid No. 13-45, Contract Award for 2013 Water Main & Street Resurfacing Project II Date: June 19, 2013 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 Bid No. 13-45 Contract Award for 2013 Water Main & Street Resurfacing Project II, A. Lamp Concrete Contractors Inc. is found to be in initial compliance with the goal by subcontracting approximately 25.5% of the contract work to certified M/W/EBE’s. A. Lamp Concrete Contractors Inc. total base bid is $1,568,320.50 and will receive 25.5% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Marking Specialists 214 Crystal St. Cary, IL 60013 Pavement marking $7,771.65 0.5% X Ozinga Chicago RMC, Inc 2525 W. Oakton Evanston, IL 60202 Ready Mix $45,000.00 3% X Alas Trucking Inc. 389 Thelma Ct. Wheeling, IL 60090 Trucking & Hauling $339,900.00 22% X Total M/W/EBE $392,671.65 25.5% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 117 of 608 For City Council meeting of June 24, 2013 Item A4 Business of the City by Motion: Change Order #4 for SCADA Phase III at Water Utility 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: Approval of Change Order No. 4 for Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74) Date: June 10, 2013 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute Change Order No. 4 to grant a time extension of 153 calendar days, to the agreement with CDM Smith, Inc. (125 South Wacker Drive, Suite 600, Chicago, IL), for the Evanston Water Utility SCADA Phase III Engineering Services (RFP 08-74). Funding Source: Funding for the project is from the Water Fund Account 733078. There is no cost associated with this change order. Background Information: In May 2008, the City Council approved an agreement with CDM Smith for an initial study and then preparation of performance specifications and drawings for the replacement of the Supervisory Control And Data Acquisition (SCADA) system at the Evanston Water Utility. In June 2009, the City approved an extension of the contract with CDM Smith for Phase III Engineering Services, to provide oversight of the contractor that would perform the design/build portion of the new SCADA system. The design/build contract to install the SCADA system was awarded to Allan Integrated Control Systems (Allan ICS) in May 2011. This contract established a completion date of December 30, 2012. In November 2012 the City Council approved a no cost, time extension to the contract with Allan ICS extending the contract completion date to April 30, 2013. The SCADA contractor is currently completing the final punch list, training and project closeout submittals. Memorandum 118 of 608 Summary: This change order is to extend CDM’s contract completion date to allow them to oversee the closeout work of the project. The previous change orders to the contract with CDM Smith were for: Change Order 1 – This change order was for the production and delivery of 32 sets of bid documents in the amount of $3,066.28. There was no time extension associated with this change order. Change Order 2 – This change order extended the contract completion date to February 28, 2013 to accommodate the delay in bidding the project until sufficient funding was available. Change Order 3 – This change order was for the installation of software on a laptop computer to be used by staff in the maintenance of the system in the amount of $6,250. It also extended the contract completion date to April 30, 2013. A summary of the project funding is as follows: Extended Agreement – SCADA System Phase III Engineering Services (approved by City Council on May 9, 2011) $ 168,843.00 Change Order No. 1 – Printing of bid sets (executed on July 7, 2011) $ 3,066.28 Change Order No. 2 – Time Extension to February 28, 2013 (executed on August 31, 2011) $ 0.00 Change Order No. 3 – Time Extension to April 30, 2013 approved by City Council on February 25, 2013) $ 6,250.00 Change Order no. 4 – Time Extension to September 30, 2013 (under consideration by the City Council) $ 0.00 Revised Agreement Amount $ 178,159.28 Attachments: Proposed Change Order No. 4 119 of 608 120 of 608 For City Council meeting of June 24, 2013 Item A5 Ordinance 58-O-13: Reducing Number of Class D Liquor Licenses, Wingstop 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 58-O-13, Reducing the Number of Active Class D Liquor Licenses Date: May 28, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 58-O-13. Funding Source: n/a Summary: Ordinance 58-O-13 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty-one (21), because Wingstop, 2434 Main Street, stopped selling alcohol in January 2013. Wingstop does not intend to renew its liquor license, nor will it reapply for a license. By reducing the number of active Class D liquor licenses, Ordinance 58-O-13 formally withdraws Wingstop’s liquor license. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 58-O-13 Memorandum 121 of 608 5/28/2013 58-O-13 AN ORDINANCE Amending Subsection 3-4-6-(D) of the City Code to Decrease the Number of Class D Liquor Licenses from Twenty-Two to Twenty-One (SFWH Inc., d/b/a Wingstop, 2434 Main Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from twenty-two (22) to twenty-one (21), to read as follows: (D) CLASS D licenses, which shall duplicate class C licenses in all regards except that beer and/or wine only shall be served. It shall be unlawful for any person licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-4-1 of this Chapter, except to persons attending a reception or party not open to the public. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than twenty-two (22) 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 any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity 122 of 608 58-O-13 ~2~ 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 123 of 608 For City Council meeting of June 24, 2013 Item A6 Ordinance 64-O-13: Decreasing the Number of Class D Liquor Licenses, Siam Splendour 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 64-O-13, Decreasing the Number of Active Class D Liquor Licenses Date: June 12, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 64-O-13. Funding Source: n/a Summary: Ordinance 64-O-13 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses to twenty (20), because Vichida Corporation, d/b/a Siam Splendour, 1125 Emerson Street, is not renewing its Class D liquor license. On June 10, 2013, owner Smithprin Chantarangkul notified the Administrative Adjudication & Liquor Licensing Manager that Siam Splendor is not renewing its liquor license. By reducing the number of active Class D liquor licenses, Ordinance 64-O-13 withdraws Siam Splendor’s former liquor license. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 64-O-13 Memorandum 124 of 608 6/12/2013 64-O-13 AN ORDINANCE Amending Subsection 3-4-6-(D) of the City Code to Decrease the Number of Class D Liquor Licenses from Twenty-One to Twenty (Vichida Corporation, d/b/a Siam Splendour, 1125 Emerson Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from twenty-one (21) to twenty (20), to read as follows: (D) CLASS D licenses, which shall duplicate class C licenses in all regards except that beer and/or wine only shall be served. It shall be unlawful for any person licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-4-1 of this Chapter, except to persons attending a reception or party not open to the public. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than twenty-one-(21) 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 any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity 125 of 608 64-O-13 ~2~ 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 126 of 608 For City Council meeting of June 24, 2013 Item A7 Ordinance 65-O-13: Increasing Number of Class P-1 Liquor License For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 65-O-13, Increasing the Number of Class P-1 Liquor Licenses, Temperance Beer Company Date: June 5, 2013 Recommended Action: The Liquor Control Review Board recommends City Council adoption of Ordinance 65- O-13. Funding Source: n/a Summary: Ordinance 65-O-13 amends Evanston City Code of 2012 Subsection 3-4-6-(P-1), as amended, to increase the number of authorized Class P-1 liquor licenses to one (1), to permit liquor license issuance to Temperance Beer Company, LLC, d/b/a Temperance Beer Company, 2000 Dempster Street. Class P-1 regulates craft breweries. Site manager and shareholder Joshua Gilbert submitted a Class P-1 liquor license application, fee, and necessary documentation, and appeared before the Liquor Control Review Board on May 30, 2013. Legislative History: At its May 30, 2013 meeting, the Liquor Control Review Board recommended issuing a Class P-1 liquor license to Temperance Beer Company, LLC. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 65-O-13 Application May 30, 2013 Liquor Control Review Board Meeting Minutes Memorandum 127 of 608 6/5/2013 65-O-13 AN ORDINANCE Amending Subsection 3-4-6-(P-1) of the City Code to Increase the Number of Class P-1 Liquor Licenses from Zero to One (Temperance Beer Company, LLC, d/b/a Temperance Beer Company, 2000 Dempster St.) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(P-1) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class P-1 liquor licenses from zero to one (1), to read as follows: (P-1) CRAFT BREWERY license, shall authorize the on-site production and storage of beer in quantities not to exceed four hundred sixty-five thousand (465,000) gallons (or 15,000 barrels) per year, the sale of such beer for consumption off- premises and on-site sampling and consumption of such beer by persons of at least twenty-one (21) years of age. Sale of beer manufactured outside the facility is prohibited. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-1 licensee to sell a single container of beer for off-premises consumption unless the volume of the container is greater than forty (40) ounces or 1.18 liters. 2. During authorized hours of business, Class P-1 licensees may offer for on- site consumption samples of beer permitted to be produced and sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two (2) fluid ounces, to any person in a day. Licensees may sell for on-site consumption samples of the beer permitted to be produced and sold pursuant to this classification, provided the total quantity of the sampling package, regardless of the number of containers in which the beer is being served, does not exceed sixteen (16) fluid ounces. 128 of 608 65-O-13 ~2~ 3. Class P-1 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. Class P-1 licensees must provide food service whenever beer is available for on-site consumption. 4. It shall be unlawful for the holder of a Class P-1 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. 5. Every Class P-1 licensee must have a valid Class 3 Brewer's License from the State of Illinois. 6. Every employee of a Class P-1 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than zero (0) one (1) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. 129 of 608 65-O-13 ~3~ 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 130 of 608 REDACTED 131 of 608 132 of 608 133 of 608 134 of 608 135 of 608 REDACTED 136 of 608 137 of 608 138 of 608 139 of 608 140 of 608 141 of 608 REDACTEDREDACTED REDACTEDREDACTED REDACTED 142 of 608 143 of 608 144 of 608 REDACTED REDACTED REDACTED REDACTED REDACTED 145 of 608 146 of 608 147 of 608 REDACTED REDACTED REDACTED REDACTED 148 of 608 149 of 608 150 of 608 151 of 608 152 of 608 153 of 608 154 of 608 155 of 608 Page 1 of 4 MEETING MINUTES Liquor Control Board Thursday, May 30, 2013 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Dick Peach, Dave Skrodzki, Byron Wilson Members Absent: None Staff Present: W. Grant Farrar, Theresa Whittington Others Present: Connie Zaio (Osco Drug); Michael Smylie (Smylie Brothers); Allison Reid (Kingston Grill); Shawn Jones (Kingston Grill); Josh Gilbert (Temperance Beer); Tom Bastian (Dow Escondido); Mike McGuigan (Dow Escondido) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:00 a.m. All attendees introduced themselves and specified his/her role related to the meeting. NEW BUSINESS American Drug Stores, LLC d/b/a Osco Drug/Jewell: Connie Zaio requested an amendment to allow packaged goods store to allow for in-store liquor tastings. Osco Drug has 170 liquor licensees in the state of Illinois and only three are not allowed to offer in-store sampling. Osco utilizes registered tasting agents who are well trained in how much to offer in samples and are familiar with the State guidelines in tastings. Ms. Zaio explains that tastings are a great marketing tool and allows the consumer to try the product before purchasing. Byron Wilson agrees that it is a good marketing tool and enhances the purchasing experience for the consumer. Mayor Tisdahl requested that Osco Drug/Jewell submit tasting schedules to the City. Ms. Zaio offered that most tasting will occur Thursday through Saturday and the occasional holiday and is agreeable to submitting schedules to the City. Tasting events are typically three hours long and never in the morning. The Local Liquor Control Commissioner asked the members if there were any concerns over Ms. Zaio’s request. No concerns were voiced. The board recommends issuing an ordinance to allow for tastings to be introduced at the City Council meeting on June 24, 2013. 156 of 608 Page 2 of 4 Kingston Grill Restaurant, Inc d/b/a Kingston Grill: Allison Reid (Owner) and Shawn Jones (Attorney) requested issuance of a Class D liquor license. Mr. Reid explained to the board his intention to seek a Class D liquor license because this is a request of his customers and he feels it will improve business. Shawn Jones further explained that the restaurant is located in the Dempster/Dodge shopping center and feels more business will help revitalize the area. He goes on to state that Mr. Reid has completed all BASSET training and the restaurant is only open to 10 a.m. or 11 p.m. Marion Macbeth asked if all servers have been BASSET trained. Mr. Reid replied that they have not yet been trained. The Mayor requested that all servers get BASSET trained. Mr. Reid was in agreement. Dick Peach cautioned Mr. Reid about proximity to high school and to be diligent about underage drinkers. He also cautioned against allowing people to sit outside while drinking beer. David Skrodski questioned the timing and wondered why Mr. Reid did not apply for a liquor license when he first opened the restaurant. Mr. Reid explained that at that time he did not want to complicate the opening of his restaurant with trying to also apply for a liquor license. His desire for a liquor license is driven by customer request. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Reid’s request. No concerns were voiced. The board recommends issuing a Class D Liquor License to be introduced at the City Council meeting on June 24, 2013. Temperance Beer Company, LLC d/b/a Temperance Beer Company: Josh Gilbert (Owner) requested issuance a Class P-1 liquor license. Josh Gilbert explained to the Board his intention to open a craft brewery and tap room in Evanston. The business will expand the manufacturing base in Evanston while also provide tax revenue through the tap room. He feels the popularity of craft breweries will bring good press to Evanston and increase its visibility. Dick Peach asked about the food that will be served. Mr. Gilbert explained that he intends to offer gourmet popcorn and other snack food such as cured meats. Mr. Peach questioned whether or not this level of food service complies with the license. Grant Farrar stated that the license would need to be revised to more clearly define the food service requirement. Mr. Farrar asked Mr. Gilbert to provide a business plan, revised menu and tasting room hours to Theresa Whittington so that the City can make sure the business plan and City Code properly align with each other. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Gilbert’s request. No concerns were voiced. The board recommends issuing a Class P-1 Liquor License to be introduced at the City Council meeting on June 24, 2013. 157 of 608 Page 3 of 4 Dow Escondido, LLC d/b/a Hilton Orrington: Tom Bastian (Attorney) and Mike McGuigan (Site Manager) requested issuance of a Class B liquor license to Dow Escondido, LLC; new owners of the Hilton Orrington hotel. Mr. Bastian explained that he represents the purchasers and the sale is scheduled to close on June 27 th. His clients intend to run the same operation as the previous owners and retain most of the current hotel employees. The new owners will make some capital improvements to the facility. Dow Escondido manages two hotels in Rosemont and have a lot of experience in the area. The site manger will be Mike McGuigan. Mr. McGuigan is BASSET certified and has years of experience in hotel operations. The Mayor asked if all employees are BASSET trained. Mr. Bastion responded that Mr. McGuigan is certified and Dow will make sure all remaining employees serving alcohol are BASSET trained. Mr. Bastian expressed concern about timing the issuance of the license to the close of the sale and requested to be placed on the City Council agenda on June 10, 2013. Mr. Farrar acknowledged that this particular application is easier to place on an earlier agenda since it is for an already existing liquor establishment and agreed to place it on the June 10th agenda. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Bastian’s request. No concerns were voiced. The board recommends issuing a Class B Liquor License to be introduced at the City Council meeting on June 10, 2013. Smylie Brothers Brewing Company, LLC d/b/a Smylie Bros Restaurant and Brewery: Michael Smylie (Owner) requested an amendment to the Class T liquor license to allow for free beer sampling. Mr. Smylie explained that one aspect of his business model is to sell growlers of beer on site to patrons. He explained that a growler is a half gallon jug of fresh draft beer that is sealed at the facility and intended for home consumption. He would like to offer customers free tasting samples (limited to 2 ounces) of beer to aid in their purchase decisions. Dave Skrodksi asked Mr. Smylie if he considered selling flight tastings. Mr. Smylie responded that they intend to sell flights of beer but he feels making a customer purchase and entire flight might discourage growler business. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Smylie’s request. No concerns were voiced. The board recommends issuing an amendment to the Class T Liquor License to be introduced at the City Council meeting on June 24, 2013. The Wine Goddess: Dianna Hamman, owner of The Wine Goddess, was unable to attend the meeting. DISCUSSION ONLY ITEMS Liquor Code Rewrite: Grant Farrar asked the Liquor Board members for feedback on the draft rewrite of the liquor code. He stated that the goal was to provide some clarity and consolidation to the liquor code. Liquor classes are consolidated by retail sales/restaurants and one-off specialty licenses. With certain classes reserved for future license types. 158 of 608 Page 4 of 4 Marion Peach asked Mr. Farrar if he was satisfied that the rewrite is clear and less cumbersome that the previous version. Mr. Farrar stated that he feels it is clearer and that similar business models are grouped together in the rewrite. Certain classes are reserved for new business models. Mr. Farrar also discussed expanding the BASSET requirement to all servers. The Mayor expressed strong approval for this change. Mr. Peach wondered if alcohol tasting ought to be addressed in general in the liquor code. Mr. Farrar explained that it would require changing the underlying language with respects to refrigerated beers for certain classes. Mr. Farrar outlined his timeline for approval of the rewrite. He will present the rewrite to Administration and Public Works on June 10, 2013. He will work with the committee regarding introduction of the new ordinance. He stated that the effective date would be January 1, 2014 in order to allow him and Theresa Whittington time to conform all liquor licenses and documentation to the new city code. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:48 p.m., May 30, 2013. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 159 of 608 For City Council meeting of June 24, 2013 Item A8 Ordinance 68-O-13: Amending Class P-1 Craft Brewery Liquor License For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 68-O-13, Amending Class P Liquor License Date: June 24, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 68-O-13. Summary: The City of Evanston’s (“City”) Class P-1 liquor license is the craft brewery license. Ordinance 68-O-13 amends Class P-1 by increasing the maximum quantity of craft beer permitted for on-site production and storage from 465,000 gallons to 930,000 gallons annually. This amendment mirrors measures recently adopted by the state legislature in HB 1573. Temperance Beer Company, 2000 Dempster Street, will become the City’s first licensed craft brewery if Ordinance 65-O-13 is adopted. Temperance Founder Josh Gilbert requested that the City amend its Class P-1 liquor license to match the permissible production and storage limitations adopted by the General Assembly. Section two in Ordinance 68-O-13 states that the ordinance shall not become effective until HB 1573, including its amendments, come into effect as state law. Legislative History: The City Council adopted Ordinance 109-O-12 which created the Class P-1 liquor license to permit craft breweries to manufacture, store and sell craft beer. Per 109-O- 12, craft breweries may currently produce and store up to 465,000 gallons of craft beer. ------------------------------------------------------------------------------------- Attachment: Ordinance 68-O-13 Memorandum 160 of 608 6/5/2013 68-O-13 AN ORDINANCE Amending Subsection 3-4-6-(P1) to Increase Craft Brewery Production Limits to 930,000 gallons WHEREAS, the City of Evanston’s (“City”) Class P-1 liquor license permits craft breweries to produce and store on-site 465,000 gallons of alcohol annually; and WHEREAS, the 98th Illinois General Assembly passed HB 1573, which amends the Liquor Control Act of 1934, including production limits for craft brewers; and WHEREAS, if and when HB 3450 is signed into law, the amount of craft beer that individual Illinois craft breweries may lawfully produce and store on-site will increase from 465,000 gallons annually, to 930,000 gallons. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(P-1) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the production limit, to read as follows: (P-1) CRAFT BREWERY license, shall authorize the on-site production and storage of beer in quantities not to exceed four hundred sixty-five thousand (465,000) gallons (or 15,000 barrels) nine hundred thirty thousand (930,000) gallons (or 30,000 barrels) per year, the sale of such beer for consumption off-premises and on-site sampling and consumption of such beer by persons of at least twenty-one (21) years of age. Sale of beer manufactured outside the facility is prohibited. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-1 licensee to sell a single container of beer for off-premises consumption unless the volume of the container is greater than forty (40) ounces or 1.18 liters. 161 of 608 68-O-13 ~2~ 2. During authorized hours of business, Class P-1 licensees may offer for on- site consumption samples of beer permitted to be produced and sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two (2) fluid ounces, to any person in a day. Licensees may sell for on-site consumption samples of the beer permitted to be produced and sold pursuant to this classification, provided the total quantity of the sampling package, regardless of the number of containers in which the beer is being served, does not exceed sixteen (16) fluid ounces. 3. Class P-1 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. Class P-1 licensees must provide food service whenever beer is available for on-site consumption. 4. It shall be unlawful for the holder of a Class P-1 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. 5. Every Class P-1 licensee must have a valid Class 3 Brewer's License from the State of Illinois. 6. Every employee of a Class P-1 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than zero (0) such licenses shall be in force at any one (1) time. SECTION 2: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law, but not at any 162 of 608 68-O-13 ~3~ time prior to HB 1573, and the amendments therein, as adopted by the 98th Illinois General Assembly becomes law in the state of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 163 of 608 For City Council meeting of June 24, 2013 Item A9 Ordinance 66-O-13: Authorizing Tastings for Class N Liquor Licencees 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 66-O-13, Authorizing Class N Liquor Licensees to Offer Tastings Date: June 13, 2013 Recommended Action: The Liquor Control Review Board recommends City Council adoption of Ordinance 66- O-13. Funding Source: n/a Summary: Ordinance 66-O-13 amends Evanston City Code of 2012 Subsection 3-4-6-(N), as amended, to authorize Class N liquor licensees to offer tastings of alcoholic liquor. Class N liquor licenses are held by grocery stores including Jewel Osco, Dominick’s, Food 4 Less, Whole Foods, and Sam’s Club. At the May 30, 2013 Liquor Control Review Board meeting, Connie Zaio of American Drug Stores, LLC d/b/a Osco Drug, requested that Class N be amended to permit in-store tastings. The proposed amendment mirrors language used for the City’s Class AA liquor license definition, and incorporates tasting size limitations in accordance with Section 100.10 and 100.40 of the Illinois Liquor Control Commission Rules. This ordinance will not excuse licensees from complying with state regulations for tastings. Legislative History: At its May 30, 2013 meeting, the Liquor Control Review Board recommended drafting an ordinance permitting Class N liquor licensees to offer tastings. Attachments: Ordinance 66-O-13 See Agenda Item A7 for the May 30, 2013 Liquor Control Review Board Meeting Minutes Memorandum 164 of 608 6/5/2013 66-O-13 AN ORDINANCE Amending Subsection 3-4-6-(N) of the City Code to Authorize Class N Licensees to Offer Tastings NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(N) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (N) CLASS N 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. Class N licenses shall also authorize the tasting of alcoholic liquor not exceeding the limits set forth herein. The applicant for such license shall pay an initial fee of thirty-five thousand dollars ($35,000.00) and thereafter an annual fee of eleven thousand five hundred dollars ($11,500.00). 1. It shall be unlawful for a Class N 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 N 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 N licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (N)1 and (N)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 165 of 608 66-O-13 ~2~ 4. The sale of alcoholic liquor at retail pursuant to the Class N license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a Class N liquor license. 6. A Class N 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. 7. Class N licenses shall permit the tasting of samples of the alcoholic liquor permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free tastings, each of which shall not exceed one fluid ounce (1 fl. oz.) for wine, two fluid ounces (2 fl. oz.) for beer and one-quarter fluid ounce (0.25 fl. oz.) for distilled alcohol, to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on-premises whenever offering alcoholic liquor for tastings. Licensees must provide food service when offering alcoholic liquor for tastings. The total number of Class N licenses in effect at any one time shall not exceed 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 166 of 608 66-O-13 ~3~ provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 167 of 608 For City Council meeting of June 24, 2013 Item A10 Ordinance 67-O-13: Authorizing Sampling for Class T Liquor Licensees 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 67-O-13, Authorizing Class T Liquor Licensees to Offer Samples Date: June 13, 2013 Recommended Action: The Liquor Control Review Board recommends City Council adoption of Ordinance 67- O-13. Summary: Ordinance 67-O-13 amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to authorize Class T liquor licensees to offer samples of beer brewed by the licensee. Class T is the City’s brewpub liquor license, and Smylie Bros. Restaurant and Brewery is the City’s only Class T licensee. At the May 30, 2013 Li quor Control Review Board meeting, Michael Smylie requested an amendment to Class T to permit beer sampling. The proposed amendment mirrors language used for the City’s Class P-1 craft brewery liquor license definition. The two ounce (2 oz.) size limit incorporates applicable regulations found in the Illinois Liquor Control Commission Rules Section 110.10. Legislative History: At its May 30, 2013 meeting, the Liquor Control Review Board recommended drafting an ordinance permitting Class T liquor licensees to offer beer samples. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 67-O-13 See Agenda Item A7 for the May 30, 2013 Liquor Control Review Board Meeting Minutes Memorandum 168 of 608 6/5/2013 67-O-13 AN ORDINANCE Amending Subsection 3-4-6-(T) of the City Code to Authorize Class T Licensees to Offer Samples NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(T) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (T) CLASS T licenses, which shall authorize the retail sale of beer in combination brewpub restaurants, which beer is brewed by the licensee at any of its designated premises in a brew pub for consumption on or off the licensed premises and the sale of alcoholic liquor excluding beer for consumption on the premises where sold. Notwithstanding any of the foregoing, the on-premises consumption of beer and other alcoholic liquor is permitted only in the restaurant area. No Class T license may be granted to, or retained by, an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant," as defined in Section 3-4-1 of this Chapter. Establishments holding Class T licenses must have some food service available when alcoholic liquor, including beer brewed at any of the licensee's designated locations, is being sold. Class T licenses authorize retail sales of beer for off-premises consumption only in original packages to persons of at least twenty-one (21) years of age, Class T licenses shall be issued only to premises located within the core area. Each class T license shall be subject to the following conditions: 1. It shall be unlawful for a class T licensee to sell a single container of beer for off- premises consumption unless the container is greater than or equal to forty (40) fluid ounces or 1.18 liters. 2. Beer purchased in original packages for consumption off the licensed premises shall not be consumed in the restaurant. All beer sold for consumption off the 169 of 608 67-O-13 ~2~ premises shall be placed in a paper or plastic bag prior to its delivery to the purchaser. 3. During authorized hours of business, Class T licensees may offer for on-site consumption samples of beer brewed by the licensee and permitted to be sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two fluid ounces (2 fl. oz.), to any person in a day. Licensees may sell for on-site consumption samples of the beer permitted to be produced and sold pursuant to this classification, provided the total quantity of the sampling package, regardless of the number of containers in which the beer is being served, does not exceed sixteen fluid ounces (16 fl. oz.). 3. 4. It shall be unlawful for the holder of a Class T license to offer for sale at retail any beer in original packages for consumption off the premises where sold before the hour of ten o'clock (10:00) a.m., or after the hour of ten o'clock (10:00) p.m., on Monday through Thursday; before the hour of ten o'clock (10:00) a.m., or after the hour of eleven o'clock (11:00) p.m., Friday and Saturday; and before the hour of twelve o'clock (12:00) noon and after the hour of ten o'clock (10:00) p.m. on Sunday. 4. 5. The combination brewpub restaurant must have a valid brew pub license from the State of Illinois for the brewing of beer. The annual fee for such license shall be $7,500.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable to the provisions of Section 3-4-7 of this Chapter, shall be $7,875.00. No more than one (1) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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 170 of 608 67-O-13 ~3~ 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 171 of 608 For City Council meeting of June 24, 2013 Item A11 Ordinance 75-O-13: Increasing Number of Class D Liquor Licenses 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 75-O-13, Increasing the Number of Active Class D Liquor Licenses Date: June 12, 2013 Recommended Action: The Liquor Control Review Board recommends City Council adoption of Ordinance 75- O-13. Funding Source: n/a Summary: Ordinance 75-O-13 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses to twenty-one (21), to permit liquor license issuance to Kingston Grill Restaurant, Inc., d/b/a Kingston Grill, 1164 Dodge Ave. Owner Allison Reid submitted a Class D liquor license application, fee, and necessary documentation, and appeared before the Liquor Control Review Board on May 30, 2013. Legislative History: At its May 30, 2013 meeting, the Liquor Control Review Board recommended issuing a Class D liquor license to Kingston Grill Restaurant, Inc. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 75-O-13 Application See Agenda item A7 for the May 30, 2013 Liquor Control Review Board Meeting Minutes Memorandum 172 of 608 6/5/2013 75-O-13 AN ORDINANCE Amending Subsection 3-4-6-(D) of the City Code to Increase the Number of Class D Liquor Licenses from Twenty to Twenty-One (Kingston Grill Restaurant, Inc., d/b/a Kingston Grill, 1164 Dodge Ave.) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from twenty (20) to twenty-one (21), to read as follows: (D) CLASS D licenses, which shall duplicate class C licenses in all regards except that beer and/or wine only shall be served. It shall be unlawful for any person licensed hereunder to sell “alcoholic liquor” at a “bar,” as defined in Section 3-4-1 of this Chapter, except to persons attending a reception or party not open to the public. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than 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 any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity 173 of 608 75-O-13 ~2~ 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 174 of 608 175 of 608 176 of 608 177 of 608 178 of 608 179 of 608 180 of 608 181 of 608 182 of 608 183 of 608 184 of 608 185 of 608 186 of 608 187 of 608 188 of 608 189 of 608 190 of 608 191 of 608 192 of 608 193 of 608 194 of 608 195 of 608 196 of 608 197 of 608 For City Council meeting of June 24, 2013 Item A12 Ordinance 56-O-13: Text Amendment Re: Mailings for Vehicle Immobilization For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 56-O-13, Text Amendment to City Code Subsection 11-2-11- (B) to Correct Code Reference Date: June 3, 2013 Recommended Action: Staff recommends City Council adoption of Ordinance 56-O-13. Funding Source: n/a Summary: Ordinance 56-O-13 amends the text of Evanston City Code of 2012 Subsection 11-2- 11-(B), as amended, to correct the Code reference regarding mailing notices of impending vehicle immobilization. The vehicle immobilization program is not new and this ordinance does not substantively amend the program; however, Subsection 11-2- 11-(B) currently references Section 10-6-15 for instructions on mailing notice. That reference is incorrect. The correct reference is Subsection 11-2-5-(F), and this ordinance amends Subsection 11-2-11-(B) to insert the correct reference. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 56-O-13 Memorandum 198 of 608 5/24/2013 56-O-13 AN ORDINANCE Amending Subsection 11-2-11(B) of the City Code Regarding Notice of Impending Vehicle Immobilization to Correct Code Reference NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 11-2-11-(B), “Immobilization Program,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (B) When the registered owner of a vehicle has accumulated five (5) or more final determinations of parking and/or compliance violation liability, in any combination, for which the fines and applicable penalties, have not been paid in full, the Administrative Hearings Division Manager shall cause a notice of impending vehicle immobilization to be sent in accordance with Section 10-6-15 Subsection 11-2-5-(F) of this Code. The notice of impending vehicle immobilization shall state the name and address of the registered owner, the state registration number of the vehicle or vehicles registered to such owner, and the serial numbers of parking and/or compliance violation notices which have resulted in final determination of liability for which fines and/or penalties remain unpaid. Failure to pay the fines and penalties owed within twenty one (21) days from the date of the notice will result in the inclusion of the state registration number of the vehicle or vehicles of such owner on an immobilization list. A person may challenge the validity of the notice of impending vehicle immobilization by requesting a hearing and appearing in person to submit evidence which would disprove liability within twenty one (21) days of the date of the notice. Documentary evidence which disproves liability shall be based on the following grounds: 1. That all fines and penalties for the violations cited in the notice have been paid in full; or 199 of 608 56-O-13 ~2~ 2. That the registered owner has not accumulated five (5) or more final determinations of parking violation liability which were unpaid at the time the notice of impending vehicle immobilization was issued. 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 200 of 608 For City Council meeting of June 24, 2013 Item A13 Ordinance 74-O-13: Three-Way Stop at Dewey Avenue and Washington Street For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director, Public Works Rajeev Dahal, Senior Traffic Engineer Subject: Ordinance 74-O-13 Amending the City Code to Establish a Three-Way Stop at Dewey Avenue and Washington Street Date: June 18, 2013 Recommended Action: The Alderman of the Ninth Ward recommends the adoption of the proposed ordinance 74-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Dewey Avenue and Washington Street. Funding Source: Funding is provided by Traffic Control Supplies Account 2670.65115, which has $40,000 budgeted for FY 2013. Summary: The subject intersection is one block south of Robert Crown Park. There are gaps in sidewalks to the north and south of the intersection. North of the intersection, there is sidewalk only on the west side, and south of the intersection, there is sidewalk only on the east side. Therefore, pedestrians need to cross Dewey at the intersection to access the sidewalk. Washington is a one-way street in the east bound direction. The Alderman of the ward has requested a three way stop sign at the intersection to address some of the safety issues. As part of the Neighborhood Traffic Calming Program residents in the neighborhood can submit a petition requesting stop signs if the intersection does not meet warrants. This intersection does not meet the warrants and the Public Works Department has not received a petition for this intersection. Attachment: Ordinance 74-O-13 Memorandum 201 of 608 06/12/2013 74-O-13 AN ORDINANCE Amending Section 10-11-5(C), Schedule V(C) of the Evanston City Code, “Three-Way Stops” (Three-Way Stop at Dewey Avenue and Washington Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-11-5(C), Schedule V(C), “Three-Way Stops” of the Evanston City Code, 1979, as amended, is hereby further amended by adding the following: N. & S. and E. traffic at Dewey Avenue and Washington Street SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this Ordinance 74-O-13 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: That if any provision of this Ordinance 74-O-13 or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of 202 of 608 ~2~ this Ordinance 74-O-13 that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance 74-O-13 is severable. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene City Clerk Approved as to form: ______________________________ Grant Farrar Corporation Counsel 203 of 608 For City Council meeting of June 24, 2013 Item A14 Ordinance 52-O-13: Three-Way Stop at Lake Shore Blvd and Hamilton Street 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, Public Works Rajeev Dahal, Senior Traffic Engineer Subject: Ordinance 52-O-13 Amending the City Code to Establish a Three-Way Stop at Lake Shore Blvd and Hamilton Street Date: May 21, 2013 Recommended Action: The Alderman of the Third Ward recommends the adoption of the proposed ordinance 52-O-13 by which the City Council would amend Section 10-11-5 (C), Schedule V (C) of the City Code to establish a Three-Way Stop at Lake Shore Boulevard and Hamilton Street. This ordinance was introduced at the June 10. 2013 City Council meeting. Funding Source: Funding is provided by the Traffic Control Supplies Account. 2670.65115, which has $40,000 budgeted for FY 2013. Summary: Per City ordinance 46-0-79, Lake Shore Blvd is converted to a one-way street in the northbound direction from Lee Street to Hamilton Street from May 1 st through September 29th. Do-Not-Enter signs are posted on south leg of Lake Shore Blvd at Hamilton. Currently, only Hamilton approach to the intersection is controlled with a stop sign. With the conversion to one-way, some drivers make U turns to go northbound and some others do not realize the one-way designation and continue south. During the summer months there is increased pedestrian and bicycle activity at the intersection. The Alderman of the ward has requested a three way stop sign at the intersection to address some of the operational and safety issues. As part of the Neighborhood Traffic Calming Program residents in the neighborhood can submit a petition requesting stop signs if the intersection does not meet warrants. This intersection does not meet the warrants and the Public Works Department has not received a petition for this intersection. Attachment: Ordinance 52-O-13 Memorandum 204 of 608 5/10/2013 52-O-13 AN ORDINANCE Amending Section 10-11-5(C), Schedule V(C) of the Evanston City Code, “Three-Way Stops” (Three-Way Stop at Lake Shore Boulevard and Hamilton Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-11-5(C), Schedule V(C), “Three-Way Stops” of the Evanston City Code, 1979, as amended, is hereby further amended by adding the following: N. & S. and W. traffic at Lake Shore Boulevard and Hamilton Street SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That this Ordinance 52-O-13 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: That if any provision of this Ordinance 52-O-13 or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of 205 of 608 52-O-13 ~2~ this Ordinance 52-O-13 that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance 52-O-13 is severable. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene City Clerk Approved as to form: ______________________________ W. Grant Farrar Corporation Counsel 206 of 608 For City Council meeting of June 24, 2013 Item A15 Ordinance 55-O-13: Borrowing from the IEPA Loan Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Ordinance 55-O-13, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Date: May 30, 2013 Recommended Action: Staff recommends approval of Ordinance 55-O-13 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Central Park Avenue and Main Street / Sheridan Road. This ordinance was introduced at the June 10, 2013 City Council meeting. Funding Source: This ordinance authorizes the City to borrow up to $1,894,000. The debt service will be paid from the Sewer Fund. A copy of the long-term sewer fund analysis is attached that includes this loan and the debt service for repayment. Background: The City has 7.2 miles of 36-inch diameter and larger sewers that are constructed of brick or clay tile and are greater than 100 years old. The estimated cost to rehabilitate these sewers using a cured-in-place pipe (CIPP) lining process is $14.4 million. The City was successful in obtaining a $3,078,905 loan in 2012 that is funding the rehabilitation of 1.4 miles of the 7.2 miles of large diameter sewer in need of rehabilitation. Analysis: The work to be performed under this proposed project will rehabilitate approximately 1.0 mile of large diameter sewer main. The sewer mains are located on Central Park Avenue, between Park Place and Simpson Street and on Main Street / Sheridan Road, between Hinman Avenue and Edgemere Court (see attached location map) Memorandum 207 of 608 The IEPA has reviewed and approved the project, as indicated in the attached letter dated May 9, 2013, and has provided a notice of intent to issue a Categorical Exclusion from a detailed environmental review of the project. They also indicate a number of additional requirements prior to obtaining a loan commitment. Adoption of this ordinance authorizing the City to borrow the funds is one of those requirements. Legislative History: N/A Attachments: Proposed Ordinance 55-O-13 Sewer Fund analysis Location Map of Sewer Project IEPA letter dated May 9, 2013 208 of 608 209 of 608 210 of 608 211 of 608 212 of 608 213 of 608 214 of 608 215 of 608 216 of 608 217 of 608 For City Council Meeting of June 24, 2013 Item A16 Ordinance 51-O-13: Amend Title 10, Chapter 8, Schedule of License Fees For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Revenue/Parking Manager Subject: Approval to amend Title 10, Motor Vehicles and Traffic, Chapter 8, Section 3: Schedule of License Fees of the Evanston City Code Date: June 3, 2013 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council City consider amending Title 10, Motor Vehicles and Traffic, Chapter 8, Section 3: Schedule of License Fees of the Evanston City Code amending (B) Disabled Veterans by deleting the requirement to have a vehicle awarded in order to be qualified for a discounted rate and to add (E) Active Duty Military Personnel. Any active duty service member who makes application for a wheel tax license for one motor vehicle owned by the member shall not be required to pay the usual fee for such wheel tax license. This ordinance was introduced at the June 10, 2013 City Council meeting. Summary: The current code establishes a no fee wheel tax license for Disabled Veterans that are eligible for or have been awarded a vehicle by the Federal Government for the disability. Staff is recommending that the requirement of the vehicle issuance be eliminated and that all disabled veterans will be eligible to receive a no fee wheel tax license for one vehicle owned by the disabled veteran. After September of 2001, an administrative decision was made to provide at no cost one wheel tax license to any active duty service member who makes application for one motor vehicle owned by the member. The Transportation/Parking Committee recommended approval at the April 24, 2013 meeting. Attachments: Ordinance 51-O-13 Memorandum 218 of 608 5/6/2013 51-O-13 AN ORDINANCE Amending City Code Section 10-8-3 to Provide One Free Wheel Tax License to Disabled Veterans and Active-Duty Military Personnel NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 10-8-3-(B) of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended to read as follows: (B) Disabled Vets. Any disabled veteran who has been or shall be awarded an automobile by the federal government because of his/her disability, and who makes application for a wheel tax license for one a motor vehicle so awarded to him/her and owned by him he/she owns shall not be required to pay the usual fee for one (1) such wheel tax license. SECTION 2: City Code Section 10-8-3 is hereby further amended by the enactment of a new Subsection (E) thereof, to read as follows: (E) Active-Duty Military Personnel. Any active-duty service member of the U.S. armed forces who makes application for a wheel tax license for a motor vehicle he/she owns shall not be required to pay the usual fee for one (1) such license. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this ordinance is severable. 219 of 608 51-O-13 ~2~ 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: _________________, 2013 Adopted: ___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 220 of 608 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, June 24, 2013 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston City Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN WYNNE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF JUNE 10, 2013 III. ITEMS FOR CONSIDERATION (P1) Resolution 40-R-13 Designating the Portion of Austin Street between Asbury Avenue and Barton Avenue with the Honorary Street Name Sign, “Dr. Richard E. Lyons Way”. The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 40-R-13. For Action (P2) Ordinance 71-O-13 Granting a Special Use for a Wholesale Goods Establishment at 2310 Main Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 71-O-13 granting a special use permit for the establishment of a Wholesale Goods Establishment by Few Spirits, LLC at 2310 Main Street. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. For Introduction (P3) Ordinance 70-O-13 Granting a Special Use for a Type 2 Restaurant at 1907 Central Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee , and staff recommend the adoption of Ordinance 70-O-13 granting a special use permit the establishment of a Type 2 Restaurant, Leonidas Chocolate Café at 1907 Central Street. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. For Introduction 221 of 608 Planning & Development Committee Meeting Agenda Page 2 of 3 June 24, 2013 (P4) Ordinance 69-O-13 Granting a Special Use for a Resale Establishment at 1940 Dempster Street The Zoning Board of Appeals, the Site Plan and Appearance Review Committee, and staff recommend the adoption of Ordinance 69-O-13 granting a special use permit for a Resale Establishment for children’s clothing and other items, Kazoom. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. Alderman Braithwaite requests suspension of the rules to allow introduction and action at the same meeting. For Introduction and Action (P5) Ordinance 72-O-13 Amending the Special Use Permit for a Type 2 Restaurant at 519 Main Street (Starbucks) Staff recommends the adoption of Ordinance 72-O-13 that deletes the condition of an adopted special use from 1992 (Section 3-C of Ordinance 121-O-01) requiring that the Starbucks at 519 Main Street hire off duty police officers to issue parking citations to customers who illegally park in the vicinity of Starbucks. The staff recommendation to release this condition is based on the experience during the past ten months when Starbucks was permitted by their request to not hire off duty officers on an experimental basis. There have not been reports of any problems during this period. No other Type II restaurant currently has such a condition imposed. For Introduction (P6) Approval of Request for a Three Year Extension of a Special Use for the Establishment of a Dormitory at 1620 Central Street (National Louis University PACE Program) Staff recommends approval of the requested three year extension of the adopted special use for a dormitory for the National Louis University PACE program. The project and special use are consistent with the Comprehensive Plan and the Central Street Zoning Overlay. The property owner cites challenges encountered by National Louis in implementing its plan for 1620 Central Street and its actions and plan to overcome these obstacles. For Action (P7) Ordinance 73-O-13 Granting a Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 73-O-13 granting a special use permit for the operation of a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street. The applicant has complied with all zoning requirements and meets all of the Standards of a special use for this District. The Zoning Board of Appeals found this as well in its findings for a positive recommendation. For Introduction 222 of 608 Planning & Development Committee Meeting Agenda Page 3 of 3 June 24, 2013 IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 223 of 608 Planning & Development Committee Meeting Minutes of June 10, 2013 City Council Chambers – 7:15 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, J. Grover, D. Holmes, A. Rainey, M. Tendam, D. Wilson, M. Wynne STAFF PRESENT: W. Bobkiewicz, Ald. P. Braithwaite, Ald. C. Burrus, D. Marino, M. Masoncup, B. Newman, M. Swentkofske PRESIDING OFFICIAL: Ald. Wynne I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 7:20 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF MAY 28, 2013 Ald. Fiske moved approval of the minutes of the May 28, 2013 meeting seconded by Ald. Rainey. The minutes of the May 28, 2013 P&D meeting were approved unanimously 7-0. III. ITEMS FOR CONSIDERATION (P1) Approval of Sidewalk Café for Carmen’s Staff recommends approval of a first-time application for a sidewalk café permit for Carmen’s of Evanston, a Type #1 Restaurant (1241 Chicago Ave). For Action Ald. Rainey moved to recommend approval, seconded by Ald. Wilson. The Committee voted unanimously 7-0 to recommend approval of the sidewalk café. (P2) Approval of Sidewalk Café for Forever Yogurt Staff recommends approval of a first-time application for a sidewalk café permit for Forever Yogurt, a Type #2 Restaurant (1739 Sherman Ave). For Action Ald. Fiske moved to recommend approval, seconded by Ald. Wilson. The Committee voted unanimously 7-0 to recommend the approval of the sidewalk café. DRAFT – NOT APPROVED 224 of 608 Planning & Development Committee Meeting Minutes of 6-10-13 Page 2 of 8 (P3) Approval of Sidewalk Café for Starbucks Staff recommends approval of a first-time application for a sidewalk café permit for Starbucks Coffee, a Type #2 Restaurant (1734 Sherman Ave). For Action Ald. Grover moved to recommend approval, seconded by Ald. Wilson. The Committee voted unanimously 7-0 to recommend the approval of the sidewalk café. (P4) Approval of One Year Extension of Approved Planned Development for 1915-1919 Grey Avenue Staff recommends approval a one year extension of the adopted Planned Development for the construction of a four unit building by Brinshore Development at 1915-1919 Grey Avenue. The Planned Development was adopted on June 12, 2011 and was previously extended for a one year period expiring on June 13, 2013. The applicant now requests an additional one year extension until June 13, 2014 to secure additional financing for the four unit development. Brinshore is seeking to leverage additional financing from non-City sources for the development. For Action Ald. Fiske moved to recommend approval, seconded by Ald. Rainey. The Committee voted unanimously 7-0 to recommend approval of the one year extension for the planned development. (P5) Approval of Request for a Two Year Time Extension for the Planned Development Approved for 318-20 Dempster Street Staff recommends approval of the two year time extension request by the owner of 318-20 Dempster for the planned development approved in 2008. The project and planned development are consistent with the goals of the Comprehensive Plan and the Historic Preservation Ordinance, each having special emphasis on adaptive reuse. For Action Ald. Rainey moved to recommend approval, seconded by Ald. Tendam. The Committee voted unanimously 7-0 to recommend approval of the two year extension for the planned development. (P6) Ordinance 59-O-13, Granting a Special Use for a Type 2 Restaurant at 749 Chicago Avenue Staff recommends adoption of Ordinance 59-O-13, granting a special use permit for a Type 2 Restaurant (749 Chicago Avenue) called Dollop Coffee Co. & Hoosier Mama Pie Co. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals also recommends adoption of Ordinance 59-O-13 with conditions related to litter control, hours of operation and employee parking. For Introduction 225 of 608 Planning & Development Committee Meeting Minutes of 6-10-13 Page 3 of 8 Ald. Rainey moved to recommend introduction, seconded by Ald. Grover. The Committee voted unanimously 7-0 to recommend introduction of Ordinance 59-O-13 granting a special use for a Type 2 restaurant. (P7) Ordinance 60-O-13, Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Staff recommends adoption of Ordinance 60-O-13, granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. The Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and construction of the new coach house. For Introduction Ald. Rainey moved to recommend introduction, seconded by Ald. Grover. Mr. Bobkiewicz noted that staff recommends consideration of the Ordinance while the ZBA recommends denial. Dennis Marino, Manager of Planning & Zoning, explained that the Site Plan and Appearance Review (SPAARC) Committee recommended approval of the special use. He introduced Andrew Scott, attorney representing the Bed & Breakfast (B&B) applicant. Mr. Scott of Dykema, introduced Paul Janicki, Architect, Mary Linberger, and Dawn Overend, the proposed operator of the B&B. He noted that the B&B was issued a Certificate of Appropriateness by the Preservation Commission and that the ZBA found that the B&B met 7 of 9 standards for a special use, one being the concern that it will have a negative cumulative affect due to the proximity of the 300 Church B&B. Regarding the ZBA’s concern for its consistency with the Comprehensive Plan and Zoning Ordinance, he said it is an investment in this home as the budget for restoration is approximately $5.5 million and the staff report agrees that it will meet the purpose of the Comprehensive Plan’s goal to “maintain and enhance the perception of housing.” He said the B&B meets the ownership criteria of the B&B Ordinance passed in 1990, wherein there is no reference to ownership. He said the intensive study done by an expert of the impact on surrounding property, revealed that it would not cause traffic congestion because parking is self-contained for 5 guest rooms and an owner with 6 off street parking spaces in the coach house and 2 service spaces in the rear. He said that homes over 100 years of age are difficult to maintain and this project will invite and entice others to maintain their homes. At Ald. Wilson’s inquiry, Mr. Scott said rooms will cost from $150 -$300 a night, depending on demand. Ald. Wilson asked how they expect a return on their investment at that rate, to which Mr. Scott explained the return is expected in 20-25 226 of 608 Planning & Development Committee Meeting Minutes of 6-10-13 Page 4 of 8 years and the B&B is intended to be passed down from the owner, Mr. Pritzker, to his family. The cash flow will help to pay for the renovations , similar to the Emil Bach house in Chicago, another B&B project of Mr. Pritzker’s. Mary Linberger, commercial real estate appraiser, said she focused her study on the value impact the B&B would have, since it is the second B&B in a small area. She said it is difficult to find B&B’s in Chicago compared to New England, where they are very common. She found a relevant “comp” on Cedar Street, an elegant side street, surrounded by single family homes, two of which had sold for $2.5 million in 2007 and $3.1 million in April of 2013. She said she cannot see evidence of a negative impact as she asked the brokers of these sales whether the B&B had any impact on the sales, to which they answered that “they did not know it was there.” She said there is a small plaque on the property denoting it is a B&B. She concluded that she found no evidence of a negative impact caused by the B&B. She said she studied other uses in residential districts that would bring traffic such as churches at Lake and Greenwood and Oak and Maple and she found 2 sales of $672,000 in 2012 and over $1.5 million in January of 2008. Ald. Fiske argued that churches are not special uses, to which Mr. Linberger replied that for the purpose of the study, the do generate traffic and a single family home owner might not want to be next to one. Ald. Grover asked why she used churches as a comp, to which she replied that it was very difficult to find data related to B&B’s or other special uses that might generate traffic in a residential neighborhood. Mr. Scott stressed that the home will be undistinguishable from other single family homes and will look and function like a single family home, and that in 1990 City Council decided B&B’s are a permitted use in a residential neighborhood. Ald. Fiske noted that Mr. Scott had said at the ZBA meeting when he applied for the B&B special use at 300 Church, that Mr. Pritzker was not going to be applying for another B&B special use and he owns 4 homes on that block and is now buying one more nearby. Mr. Scott replied that he is renting those as single family homes and that to his knowledge he has been truthful. Ald. Fiske said she is concerned that yet another B&B will pop up and asked what assurance he could give that it would not. Mr. Scott said the homes she had referenced are intended to be single family homes. Chair Wynne said that even though the B&B appears to be a single family home, the function is still different and it does have some potential negative impact. The ZBA does not only address appearance, but function as well. Mr. Scott argued that the former occupants had 14 people living in the home as well as a couple living in the coach house, to which Chair Wynne replied that it was still functioning as a family home. Chair Wynne called the public who wished to speak, to the podium. Bethany Collins of 1629 Judson who is a cardiac nurse and whose husband is an attorney and colonel in the U.S. Reserve said she has known Mr. Pritzer for over 15 years, she lives behind 1622 Forest and she has no objection to the B&B as it will 227 of 608 Planning & Development Committee Meeting Minutes of 6-10-13 Page 5 of 8 help restore Evanston and add value to the surrounding properties. She said they are exemplary neighbors and they appreciate them. Jan Halperin, Director of Development at Dawes House, 225 Greenwood, said the B&B brings value historically and tourism and that Mr. Pritzker is a philanthropic consultant. She read an article from August of 1883 about the home at 1622 Forest. She said there is an economic benefit to Evanston for those seeking a distinctive experience and the City is fortunate that historical preservation is a part of Evanston. She commended Mr. Pritzker for his support of the arts and childrens’ activities and his matches to grants to the Evanston History Center. Brian Kettlekamp of 1126 Brummel, owner of Kettlekamp & Kettlekamp, landscape architects, said he has been hired to work on this project and he looks forward to participating in the Evanston Garden Walk. He said he is impressed with Mr. Pritzker’s commitment to local professionals and said as a residen t, he would like to have his mother-in-law stay in a place like this B&B. Peter Beal-DelVecchio of 1127 Hinman said he works for Boys Hope Girls Hope and that Mr. Pritzker has supported their organization and he is in support of the B&B. Paul Janicki, the architect for the project said he also lives 2 blocks away and he has stayed in many B&B’s in residential neighborhoods in New England where there were several on the same block and he sees no reason why Evanston shouldn’t have the same opportunities. Kinga Legg of 1608 Forest Place, 2 doors south of the proposed B&B said she and her husband, who has lived there 60 years, are strongly in support of the B&B. She is an architect and CEO of Arch Studio, and her European background allows her to understand the value of restoring this home using superb contractors. She thanked Mr. Pritzker for his appreciation of history. Kent Swanson, a real estate developer who lives at 1630 Judson, equal distance from each of the B&B’s said he is strongly in favor of them. He said economic development and historic preservation maintain home values and have a low impact on neighbors as there has been no disturbance and no change in traffic because the lake front is a very active neighborhood. He said 2 homes in the immediate area sold in less than 30 days above their asking price and one is scheduled to close in 2 weeks. He stressed that this economic development is un-subsidized and other businesses will benefit from it. He advised the Committee to make the decision on future proposals when the time comes. Chris Ernst of 1639 Hinman, one block from the properties, said he agrees with the ZBA not to approve the B&B. He said he would like to think the City follows the rules it has set and the ZBA decided that the proposal does not meet all the standards for a special use. He said the intent of the Zoning Ordinance implies that B&B’s would be “Ma and Pa” businesses which sounds reasonable but this is a commercial venture and both B&B’s are owned by the same person. He said he is not concerned about his own property but wonders about the one between the two B&B’s as he can’t see someone buying one next to 2 mini-hotels. He said also that the proposal implies 228 of 608 Planning & Development Committee Meeting Minutes of 6-10-13 Page 6 of 8 that it will pay hotel taxes but he asked that this be clarified because hotels under 10 units do not have to pay hotel taxes. Jean Linwald of 625 Library Place asked the Committee to consider the ZBA’s recommendation to deny the proposal. She said she is troubled by a situation where the ZBA denies but staff recommends adoption. She believes staff overstepped and overreached. She said most residents look to the City Council and the Committees to take the Comprehensive Plan and the Lake Front Plan seriously. Mary Singh of 1711 Hinman said she was there when the Zoning Ordinance was written and she remembers that the City was concerned that there were existing B&B’s that should be licensed. They thought it would be a great way to help the B&B owners pay taxes and no one mentioned an LLC at the time. She said she lives two blocks away and homes are selling rapidly in the area but they need to protect the Historic District and homes in the R1 and R2 Districts. She said the B&B would change the neighborhood a great deal and she would like to keep it the way it is. David Reynolds of 204 Davis said he lives very close to the proposed B&B and asked that the Committee deny the Ordinance in accordance with the ZBA’s recommendation. He said having another special use and two B&B’s two doors apart will have a negative impact and commercialize one of the block, preventing families from building a neighborhood. He said the Plan Commission spent months defining how frequent B&B’s could occur in a neighborhood quoting: “standards would provide adequate protection for neighborhoods.” Though B&B’s are not governed like Home Occupations, each is a business has employees and customers that interfere with normal living in a residential neighborhood. Home Occupations are not allowed clients between 9p.m. and 7a.m. and not allowed more than 2 non-resident employees. He asked why there is such a discrepancy between the two types of uses in a residential neighborhood. He said this B&B goes beyond everything that was envisioned in the 1990 Ordinance defining B&B’s. He believes the home between the two B&B’s will diminish in value. Thomas “Gunny” Harbo, a restoration architect who lives at 2114 N. Dayton, Chicago, said he has worked on both of Mr. Pritzker’s projects in Chicago. He sees the value of this property and believes this B&B is giving back to the community. He believes Mr. Pritzker is creating something for someone beyond himself and for the community and that Evanston is lucky to have someone like him investing in the community. Mr. Scott said many people who came to the meeting in support of the project had forgone the opportunity to speak. They were asked to stand. The vast majority of those in the audience stood. Chair Wynne opened the discussion to the Committee. Ald. Fiske moved to uphold the recommendation of the ZBA and deny the special use, seconded by Chair Wynne. 229 of 608 Planning & Development Committee Meeting Minutes of 6-10-13 Page 7 of 8 Ald. Grover pointed out that there has been additional legislative history since 1993, when amendments were discussed, that City Council did not agree upon. She noted that the ZBA determined that the B&B would not diminish property values by a vote of 4-2 and the two standards not met related to the cumulative affect and Comprehensive Plan and that City Council is the final authority to make the decision and the ZBA and Plan Commission only make recommendations. She said looking at the bigger picture she believes it is important to add this type of option to the hospitality landscape of Evanston. Ald. Rainey said she attended the ZBA meeting and she believes that if these supporters had been there, there might have been a different vote. Ald. Wilson acknowledged the concerns of the neighbors and said the possibility of four or five B&B’s is a legitimate concern, as he also thought there would only be one and now there is a request for a second. He noted that it is a business that will be competing with other businesses and will impact those who need to make a profit. Ald. Fiske stressed that land banking in a single family neighborhood justifies the neighbors’ caution and the area between the beach and the park is barely one half block long. She wondered if the corridor between downtown and the lake was Mr. Pritzker’s consideration for the future. She said there is a large institution of land banks in her ward. She said no one is questioning that Mr. Pritzker uses Evanston businesses to do the work; others might do the same. She agrees with the ZBA that it will have a negative cumulative affect with two of the five houses on the block being used commercially. She said putting $5.5 million into a house that cost $2.5 million, creates an artificial value, she is concerned for the residents of the neighborhood and will be voting against it. Ald. Holmes said she will vote to introduce the Ordinance. She said no one knows what Mr. Pritzker’s plans are for the other homes and he will have to apply for a special use if he wants them to be B&B’s. She said sometimes people on the Committees just have different views from the ZBA. She watched the ZBA meeting where the proposal met 7 of the 9 points on the application. Ald. Rainey said she is not supporting the ZBA’s recommendation and that it is not outrageous to disagree with them and not a fault of Council to consider their recommendation and disagree with it. Chair Wynne said she supports the ZBA recommendation as a special use must meet all 9 requirements. She believes that one single family home between two B&B’s is too dense and it denies the single family home the opportunity to have another family living next door. She said she appreciates Mr. Prizker’s commitment to preservation and recognizes that the distance requirement has already been debated, but the City needs to be cautious about the next B&B. She said one of the ZBA members had said these large old homes are difficult to maintain and sell but they are being snatched up and restored. Ald. Rainey commented that Chair Wynne’s argument just supported that B&B’s can co -exist with single family homes. 230 of 608 Planning & Development Committee Meeting Minutes of 6-10-13 Page 8 of 8 Ald. Tendam said regarding property values that in his ward, large homes are selling quickly but lower than their purchase price, which does not do much for the comps. He added that when the Committees or City Council sometimes have different view than the recommendations, it does not reflect negatively on either. Chair Wynne commented that the market is finding itself again and values are not the same in 2013 as in 2008. The Committee voted 2-5 with 5 opposed, to support the ZBA’s decision to deny introduction of Ordinance 60-O-13. Ald. Wilson moved to recommend introduction of Ordinance 60-O-13, seconded by Ald. Tendam. The Committee voted 5-2 with Chair Wynne and Ald. Fiske opposed, to recommend introduction of Ordinance 60-O-13 granting a special use for a bed & breakfast. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT The meeting was adjourned at 8:44 p.m. Respectfully submitted, Bobbie Newman 231 of 608 For City Council meeting of June 24, 2013 Item P1 Resolution 40-R-13: Honorary Street Name Sign Dr. Richard E. Lyons Way For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Citizens’ Advisory Committee on Public Place Names Douglas Gaynor, Director of Parks, Recreation and Community Services Subject: Resolution 40-R-13 Designating the Portion of Austin Street between Asbury Avenue and Barton Avenue with the Honorary Street Name Sign, “Dr. Richard E. Lyons Way”. Date: June 13, 2013 Recommended Action: The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 40-R-13. Funding Source: Funds for the honorary street name sign program is provided by the Streets and Sanitation Division’s materials account #2670.65115. Three street signs are made for the honoree. One sign is installed at each end of the designated one block area and the third sign is given to the honoree. The approximate cost to create each honorary street name sign is $200. Summary: The Honorary Street Name Sign program was established in 1996 to allow citizens the opportunity to honor individuals or groups that have made significant contributions to the City. The program is administered by the Citizens’ Advisory Committee on Public Place Names through the Department of Parks, Recreation and Community Services. The request for an honorary designation has to originate with an Alderman and each Alderman may have one honorary designation approved each year. Honorary street name signs are displayed for a period of ten-years and the portion of a street so designated is one block long. At their May 30, 2013 meeting, the Citizens’ Advisory Committee on Public Place Names reviewed the honorary street name sign application submitted by Nancy Lyons and Brigitte Brown, and supported by Alderman Ann Rainey. It was a unanimous decision by the Committee to recommend approval of designating an honorary street name sign honoring Dr. Richard E. Lyons. Memorandum 232 of 608 Page 2 of 2 ------------------------------------------------------------------------------------- Attachments: Resolution 40-R-13 Honorary Street Name Sign Application for Dr. Richard E. Lyons 233 of 608 234 of 608 235 of 608 236 of 608 237 of 608 238 of 608 For City Council meeting of June 24, 2013 Item P2 Ordinance 71-O-13 Application for Special Use for a Wholesale Goods Establishment at 2310 Main Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Susan Guderley, Neighborhood Planner, Planning and Zoning Division Subject: Ordinance 71-O-13 Granting a Special Use for a Wholesale Goods Establishment at 2310 Main Street Date: June 24, 2013 Recommended Action The Zoning Board of Appeals recommends the adoption of Ordinance 71-O-13 granting a special use permit for the establishment of a Wholesale Goods Establishment by Few Spirits, LLC. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Site Plan and Appearance Review Committee and staff also recommend approval of this request. Summary The applicant proposes to use the subject property for two functions which will support on-going operations at its original Evanston location, 918 Chicago Avenue. Approximately half of this space will be used to store aged product (whiskey) that will continue to be distilled at 918 Chicago Avenue. Initially, about half of the company’s inventory of aged product will be stored in this location. However, the applicant now plans to eventually transition the storage of all of this product here. The second activity proposed will be product bottling and fulfillment. The applicant proposes to install a bottling line in order to be able to bottle the barreled inventory that is stored on-site. This space will not be set up for retail or for consumer consumption. The property in question is the rear 4,004 square feet of one of seven commercial spaces located within a one-story, brick building. There are two means of ingress/egress to this space; a dedicated loading dock and an adjacent standard doorway, both of which are located in the rear of the building. These entrances are accessed via a driveway off of Main Street that runs along the east side of the building. Memorandum 239 of 608 2 This facility will be staffed on a part-time basis, on Tuesday, Wednesday and Friday afternoons. Two to three employees will split their time working here bottling and overseeing shipments with their duties at the company’s other location. As planned, barrels of product and bottling supplies will be delivered from the Chicago Avenue facility weekly, on Mondays and Tuesdays, respectively. After bottling, the product will be shipped out from the Main Street location once or twice per week. The applicant states that this facility will have little impact on traffic. Both product deliveries and shipments utilize mid-sized, commercial trucks which can be fully accommodated by the site’s driveway, rear turnaround and loading lock. Off-street parking spaces, more than sufficient to accommodate the expected number of employees, are available in either a front parking lot (26 spaces, including two ADA spaces) or in the rear of the building. The subject location is situated on a split-zoned parcel. That portion of its area west of the center line of Pitner Avenue (if extended south), including the subject location, is zoned C1 Commercial District. The remaining portion, east of that line, is zoned I2, Industria l District. Surrounding properties consist of a mix of manufacturing uses also zoned I2 to the east and northeast, small to mid-size commercial office and service uses, zoned C1, to the north, and large commercial retail uses, also zoned C1, to the west and south. Staff has not received any public comments from neighbors related to this request. Neighborhood Benefit The use is compatible with the mix of surrounding uses and will not result in any negative cumulative impacts. This location is well positioned for the described activity, with good vehicular access for deliveries to and from the business with little, if any, affect on surrounding uses. Comprehensive Plan The subject property is within an area designated by the Comprehensive General Plan as Retail and Mixed Use, which is intended to apply to a broad range of commercial retail goods and services establishments. The Comprehensive Plan specifically includes: Goal: Retain and enhance a diversity of business, commercial and industrial areas as desirable locations of economic activity. Objective: Promote the growth and redevelopment of business, commercial and industrial areas. Policy/Action: Encourage the location of new or expanding businesses in existing commercial and mixed-use locations that would benefit from redevelopment.. 240 of 608 Legislative History June 4, 2013: By a vote of 6-0, the Zoning Board of Appeals voted to recommend approval of this request with the following condition: 1. The project must be in substantial compliance with the documents and testimony on record Attachments Proposed Ordinance 71-O-13 June 4, 2013 ZBA Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 241 of 608 6/7/2013 71-O-13 AN ORDINANCE Granting a Special Use Permit for a Wholesale Goods Establishment Located at 2310 Main Street in the C1 Commercial Zoning District (“Few Spirits”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on June 4, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0045, an application by Few Spirits, LLC (the “Applicant”), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2310 Main Street (the “Subject Property”) and located in the C1 Commercial Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-10-2-3 of Title 6 of the Evanston City Code, 2012, as amended (the “Zoning Ordinance”), a Wholesale Goods Establishment on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and findings that the application for a Wholesale Goods Establishment 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 June 24, 2013, the City Council’s Planning and Development Committee (“P&D Committee”) considered and adopted the ZBA’s record and findings, and recommended City Council approval thereof; and WHEREAS, at its meetings of June 24 and July 8, 2013, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, 242 of 608 71-O-13 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Wholesale Goods Establishment applied for in case no. 13ZMJV-0045. 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. 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: 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. 243 of 608 71-O-13 ~3~ SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 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:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 244 of 608 71-O-13 ~4~ EXHIBIT A Legal Description PARCEL 1: LOT 1 IN GENERAL DYNAMICS-EVANSTON INDUSTRIAL PARK, A SUBDIVISION OF PART OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF MAIN STREET (WHICH BEARS DUE EAST AND WEST FOR THE PURPOSE OF THIS DESCRIPTION), DISTANT 56.50 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MOST SOUTHEASTERLY OR SOUTH-BOUND TRAIN TRACK OF THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY AS SAID MAIN TRACK IS NOW LOCATED; THENCE SOUTH 30 DEGREES, 19 MINUTES, 38 SECONDS WEST, A DISTANCE OF 47.63 FEET, THENCE NORTH 59 DEGREES, 05 MINUTES, 08 SECONDS EAST, A DISTANCE OF 412 FEET, MOR OR LESS, TO A POINT DISTANT 25 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF THE MOST NORTHWESTERLY OR NORTH-BOUND MAIN TRACK OF SAID TRANSPORTATION COMPANY, AS NO LOCATED; THENCE NORTHEASTERLY PARALLEL WITH THE LAST SAID MAIN TRACK CENTER LINE, A DISTANCE OF 123 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID MAIN STREET; THENCE DUE WEST ALONG SAID SOUTH LINE OF MAIN STREET, A DISTANCE OF 20 FEET, MORE OR LESS, TO THE POINT OF THE BEGINNING (EXCEPTING THEREFROM THAT PART, IF ANY, LYING SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 15 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY YARD TRACK ICC NO. B-23, AS NOW LOCATED, BEING THE FIRST TRACK EASTERLY OF THE ABOVE-DESCRIBED REAL ESTATE, ALL IN COOK COUNTY, ILLINOIS. PIN: 10-24-300-009-0000 COMMONLY KNOWN AS: 2310 Main Street, Evanston, Illinois. 245 of 608 DRAFT NOT APPROVED Page 1 of 5 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, June 4, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Andrew Gallimore, Lori Summers, Beth McLennan, Clara Wineberg, Scott Gingold, Matt Rodgers Members Absent: Mary Beth Berns Staff Present: Melissa Klotz, Dennis Marino, Ken Cox Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:30pm. Approval of Minutes The minutes from the May 21, 2013 Zoning Board of Appeals meeting were motioned for approval by Mr. Rodgers and seconded by Mr. Gingold. The motion was approved 5-0 with 1 abstention. 1108 Grant Street 13ZMJV-0044 Neil McCarthy and Lindsey Dold, property owners, apply for major zoning relief to demolish a roofed front porch and construct a larger roofed front porch. The applicants request a front yard setback of 22.5’ where 24.3’ is required and a sideyard setback of 2.2’ where 4.5’ is required for porches (yard obstructions) (Zoning Code Section 6-4-1-9-B-1), and impervious surface coverage of 47% where a maximum of 45 5 is allowed (Zoning Code Section 6-8-2-10-A). The Zoning Board of Appeals is the determining body for this case. Mr. Rodgers motioned to continue this case due to the applicant not being able to attend a SPAARC meeting as of yet and the motion was seconded by Mr. Gallimore. The motion was approved 6-0. Unfinished Business 2112 Ewing Avenue 13ZMJV-0038 Edmund Moran, Jr., attorney, applies for a family necessity variation to retain an illegally rented coach house. The applicant requests to eliminate conditions imposed on granted variance case ZAR 01-33-M to allow the coach house to be legally occupied and rented by persons who are not members of the family occupying the principle dwelling unit (Zoning Code Section 6-3-8-14). The Zoning Board of Appeals is the determining body for this case. Mr. Gallimore noted he was absent from the May 21, 2013 Zoning Board of Appeals meeting but has since reviewed the testimony. Christine Martin, citizen, commented on how the community needs to support each other during hard times such as those mentioned in this case. Doris Brown, citizen, raised questions to the Zoning Board of Appeals including the applicability of the Family Necessity Variance for this case. 246 of 608 DRAFT NOT APPROVED Page 2 of 5 Zoning Board of Appeals Chairman Summers stated that the applicability of the family necessity variance will be discussed further in this meeting. Suzanna Johnson, property owner at 2915 Simpson Street, commented on how she once rented out her own family home’s basement in the past out of necessity. Mr. Gingold asked if a rented coach house is an allowable use in the R1 district, to which Ms. Klotz responded yes. Mr. Moran stated that the Family Necessity Variance is a viable option as listed in the Zoning Ordinance and this case is a quintessential example of such. Ms. McLennan stated that she understood the concerns voiced by neighbors regarding property values. She continued to say that planning and appraisers’ studies show sparse indications on whether or not property values are affected by coach houses or accessory dwelling units. These studies show that property values are not negatively affected, and actually increase values by 5-10%. Ms. McLennan, therefore, surmised the rental of the coach house would not negatively affect property values. Mr. Gingold replied that the question in this case regarding property values focuses on the surrounding properties. The research he conducted suggests properties with accessory dwelling units typically have lower property values. Ms. McLennan responded that the study Mr. Gingold was referring to specifically dealt with lower income neighborhoods. More than a thousand municipalities allow for accessory dwelling units for rent and many include areas characterized by higher income and higher property values, including Aspen, CO; San Francisco, CA; and Honolulu, HI, etc. Chairman Summers commented that there are many coach houses that are rented out throughout Evanston, particularly at larger homes near the lake. Ms. Brown stated that, originally, the primary use of coach houses were to house servants. The coach house in question was built with the intention to be used as storage, but is now used instead as a rental unit. She went on to say that historically, this area of Evanston does not have coach houses. Peter Steinhouse, citizen, reminded the board that the original variance contained 7 conditions including 5 of which are currently not in compliance. Bradley Knight, citizen, voiced his concerns regarding the privacy of his own property, security, and the lack of enforcement of the conditions since the approval of the original variance. The Zoning Board of Appeals then entered into deliberations: Ms. Wineberg stated that the issue at hand seems to be based on the financial issues of the tenant, not the property owner. She noted the applicant’s reasoning behind the applicability of the Family Necessity Variance was explained as the “growing family.” Ms. McLennan answered that she feels the reasoning would not be a growing family, but the third requirement of “alleviating an inconvenience.” She also stated that it is understandable that the tenant serves as the de facto owner, which is acceptable. Mr. Gingold stated that the original variance was specifically conditioned and the owners were expected to record those conditions. He also noted the LLC is the sister of the tenant, but is 247 of 608 DRAFT NOT APPROVED Page 3 of 5 Zoning Board of Appeals pleading ignorance. The LLC owner does not meet any of the three allowable reasons to qualify for the Family Necessity Variance. Overall, the conditions are not met for this variance. Ms. McLennan noted that one of the previous property owners is not present, and therefore, we do not know who was or was not aware of the imposed conditions. Testimony has been stated saying no one else was aware of the conditions and thought the coach house could be rented out. Mr. Gingold stated the structure only exists because of a granted variance that outlined specific conditions. Mr. Rodgers stated that this case would be different if the property owner came to the Zoning Board of Appeals prior to renting out the coach house to ask for the condition to be struck from the variance. The Family Necessity Variance in the Zoning Ordinance allows for the granting of certain situations like setbacks, etc. He feels the applicant filed the wrong type of zoning request and that this case does not demonstrate the right kind of inconvenience to qualify for the Family Necessity Variance. Mr. Gallimore noted the property owners were originally granted the variance under specific conditions. Therefore, it is likely that if those conditions had not been listed, the original variance would not have been approved. Chairman Summers commented that the approval of the original variance did not use common sense if they thought this coach house would not become a rental. Mr. Gingold remarked that the board does not need to go over Standards if this does not meet any of the three reasons for a Family Necessity Variance. Mr. Cox stated that if the case does not meet any of the 3 reasons for the Family necessity Variance, zoning staff rejects the application. Since zoning staff felt that the case met one of the 3 reasons, it is best to advance the record and go through with standards. The Standards were then discussed: 1) Yes-Summers, McLennan, Gallimore No- Wineberg, Gingold Abstaining- Rodgers: Believes it should not be a Family Necessity Variance 2) Yes- McLennan: Believes in embodiment of the 3rd reason-‘inconvenience’ No- Summers, Wineberg, Gingold, Gallimore: Believe the reasons provided do not meet the eligibility requirements of the Family Necessity Variance Abstaining- Rodgers 3) Yes- Summers, McLennan, Gallimore No- Wineberg, Gingold: Character will change Abstaining- Rodgers 4) Yes- Summers, McLennan, Gallimore No- Wineberg, Gingold Abstaining- Rodgers 5) Yes- McLennan No-Summers, Wineberg, Gingold Abstaining- Rodgers, Gallimore Mr. Gingold motioned that the Zoning Board of Appeals deny the proposed Family Necessity Variance. The motion was seconded by Ms. Wineberg and the motion was approved 4-1 for denial with Mr. Rodgers abstaining. 248 of 608 DRAFT NOT APPROVED Page 4 of 5 Zoning Board of Appeals New Business 2310 Main Street 13ZMJV-0045 Few Spirits LLC, lessee, applies for a special use permit for a Wholesale Goods Establishment at 2310 Main Street. 2310 Main Street is located in the C1 Commercial District, which requires a special use permit for Wholesale Goods Establishments to operate (Zoning Code Section 6- 10-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Todd Paul explained his proposal: Current location is too small More space is needed for storage and bottling purposes A mid-sized truck will deliver barrels inside Outgoing deliveries, ranging from 0-3 times per week, will occur sporadically throughout the week by mid-sized truck There will be no full time staff Buyers will usually come to the site (wholesale, not retail) Ms. Klotz read the zoning definition for Wholesale Goods Establishment. Mr. Gingold asked a question regarding parking, to which Mr. Paul responded there would be plenty for this specific use. Chairman Summers inquired about the hours of operation for the establishment. Ms. Klotz responded that hours of operation are not a concern considering the adjacent uses in the area. Chairman Summers also asked about garbage, and Mr. Paul said there would be no waste. The Zoning Board of Appeals then entered into deliberations. The Zoning Board found the Standards to be met. Mr. Gingold motioned that the Zoning Board of Appeals recommend approval of the proposed special use permit with the following condition: 1. The proposal must be within substantial compliance of the documents and testimony on record. Ms. McClennan seconded the motion. The motion was approved 6-0. 1940 Dempster Street ZBA 13ZMJV-0046 Kristen White, lessee, applies for a special use permit for a Resale Establishment, Kazoom, at 1940 Dempster Street. 1940 Dempster Street is located in a C1 Commercial District, which requires a special use permit for Resale Establishments to operate (Zoning Code Section 6-10- 2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Chairman Summers inquired if there were other stores similar to the one proposed. Ms. White answered that there was a similar store on Dempster Street near the viaduct. Chairman Summers noted parking would not be an issue at the proposed location. Mr. Gingold commented on the numerous, empty storefronts located within that area. He asked Ms. White to explain the market study, to which she answered that she conducted local research involving approximately 140 families and stated that they wanted the drop-off aspect to be easy. 249 of 608 DRAFT NOT APPROVED Page 5 of 5 Zoning Board of Appeals Ms. White noted the establishment will be open 4 days a week, initially, and additional days during the week as time goes on. Visitors to the establishment will have the option to drop off items or wait for cash. Non-sellable items will be donated. Chairman Summers asked if Ms. White anticipated people just dropping items off outside. Ms. White responded that staff will be at the store, so if that were to occur, staff would retrieve it, but such an occurrence would be unlikely to occur too often. Signage displayed outside the establishment will hopefully deter such an event form happening. Ms. White went on to say that the establishment will go through a pop-up phase. The establishment will be open Monday, Wednesday, and Friday between the hours of 9:30 am to 2 pm and Saturday from 10 am to 4 pm. After this initial pop up phase, the establishment will be open 5 days a week from 9 am to 7 pm and one weekend day with undetermined hours. The Zoning Board of Appeals then entered into deliberations. Mr. Rodgers inquired as to the hours of operation of neighboring businesses in the area. Mr. Marino answered that neighboring businesses in that area hold typical operating hours and no nearby residences should be negatively impacted. The Zoning Board found the Standards to be met. Mr. Rodgers motioned that the Zoning Board of Appeals recommend approval of the proposed special use permit with the following conditions: 1. Operating hours: 6 am- 10 pm 2. The proposal must be within substantial compliance of the documents and testimony on record. The motion was seconded by Ms. McLennan and approved 6-0. The meeting adjourned at 9:50 pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 250 of 608 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 June 4, 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 6-0 (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 6-0 (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 6-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 6-0 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 Case Number: 13ZMJV-0045 Address or Location: 2310 Main Street Street Applicant: Todd Paul, Few Spirits, LLC Proposed Special Use: Wholesale Goods Establishment 251 of 608 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (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 6-0 and, based upon these findings, and upon a vote __6__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. The project must be in substantial compliance with the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ ___X___ Clara Wineberg __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Beth McLennan __ X__ ____ ___X___ Matt Rodgers __ X__ ____ ___X___ Lori Summers __X__ ____ ___X___ Andrew Gallimore __X__ ____ 252 of 608 To: Members of the Zoning Board of Appeals From: Dennis Marino, Manager, Zoning and Planning Division Susan Guderley, Neighborhood Planner Subject: 2310 Main Street 13ZMJV-0045 ZBA Recommending Body; City Council Determining Body Date: June 4, 2013 Notice – Published in the May 16, 2013 Evanston Review Few Spirits LLC, lessee, applies for a special use permit for a Wholesale Goods Establishment at 2310 Main Street. 2310 Main Street is located in the C1 Commercial District, which requires a special use permit for Wholesale Goods Establishments to operate (Zoning Code Section 6-10-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Recommendation Staff has determined that the proposal meets the Standards for a Special Use and recommends approval. The Site Plan and Appearance Review Committee also recommends approval of the proposed Special Use. Site/Proposal Background The property in question is the rear 4,004 square feet of one of seven commercial spaces located within a one-story, brick building. There are two means of ingress/egress to this space; a dedicated loading dock and an adjacent standard doorway, both of which are located in the rear of the building. These entrances are accessed via a driveway off of Main Street that runs along the east side of the building. The applicant proposes to use this location for two functions. Approximately half of this space will be used to store aged product (whiskey) that is distilled at the company’s other Evanston location, 918 Chicago Avenue. Initially, about half of the company’s inventory of aged product will be stored in this location. However, the applicant now plans to transition the storage of all of this product here. The second activity proposed will be product bottling and fulfillment. The applicant proposes to install a bottling line in order to be able to bottle all of the barreled inventory that is stored on-site. This space will not be set up for retail or for consumer consumption. This facility will be manned on a part-time basis, on Tuesday, Wednesday and Friday afternoons. Two to three employees will split their time working here bottling and Memorandum 253 of 608 overseeing shipments with their duties at the company’s other location. As planned, barrels of product and bottling supplies will be delivered from the Chicago Avenue facility weekly, on Mondays and Tuesdays respectively. After bottling, the product will be shipped out from the Main Street location once or twice per week. The applicant states that this facility will have little impact on traffic. Both product deliveries and shipments utilize mid-sized, commercial trucks which can be fully accommodated by the site’s driveway, rear turnaround and loading lock. Off-street parking spaces, more than sufficient to accommodate the expected number of employees, are available in either a front parking lot (26 spaces, including two ADA spaces) or in the rear of the building. The subject location is situated on a split-zoned parcel. That portion of its area west of the center line of Pitner Avenue (if extended south), including the subject location, is zoned C1 Commercial District. The remaining portion, east of that line, is zoned I2, Industrial District. Surrounding properties consist of a mix of manufacturing uses also zoned I2 to the east and northeast, small to mid-size commercial office and service uses, zoned C1, to the north, and large commercial retail uses, also zoned C1, to the west and south. The subject property is within an area designated by the Comprehensive General Plan as Retail and Mixed Use, which is intended for commercial retail goods and services establishments. This location also identified by Map 3 of the Plan as one of the City’s primary areas of commercial activity and employment. Staff has not received any public comments from neighbors related to this request. Ordinances Identified for Requested Approval 6-8-2-4: SPECIAL USES: The following uses may be allowed in the C1 Commercial District, subject to the provisions Set forth in section 6-3-5, “Special Uses,” of this title: Wholesale goods establishment [among others listed] 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; 254 of 608 h) preserves significant natural and environmental resources; and i) complies with all other applicable regulations. Attachments Special Use Application – Submitted May 9, 2013 Standards Form Zoning Analysis Plat of Survey – December 29, 2002 Site Plan Aerial View of Property Zoning Map Image of the property SPAARC Draft Meeting Minutes – May 29, 2013 255 of 608 2310 Main Street Recommendation to ZBA 256 of 608 257 of 608 258 of 608 259 of 608 260 of 608 261 of 608 262 of 608 263 of 608 264 of 608 265 of 608 266 of 608 267 of 608 268 of 608 269 of 608 270 of 608 271 of 608 Aerial - 2310 Main StreetDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:1,868Made with Evanston's GISPrinted: May 24, 2013 2:41:25 PM272 of 608 Current Zoning - 2310 Main StreetDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:1,868Made with Evanston's GISPrinted: May 24, 2013 2:39:33 PM273 of 608 274 of 608 SPAARC Meeting Notes – May 15, 2013 Page 1 of 2 SITE PLAN AND APPEARANCE REVIEW COMMITTEE (SPAARC) MINUTES May 15, 2013 Members Present: J. Cory, I. Eckersberg, M. Klotz, J. Murphy, J. Nelson, C. Ruiz Staff Present: E. Golden, B. Newman, Presiding Member: C. Ruiz A quorum being present, Acting Chair Ruiz called the meeting to order at 2:35p.m. New Business: 1) 1907 Central Street Recommendation to ZBA Application for a special use for a Type 2 Restaurant – Leonidas Chocolate Café. APPLICATION PRESENTED BY: Marie Backman Owner GENERAL DISCUSSION: Ms. Backman explained that the business is moving to Evanston from Wilmette, where space and utilities are inadequate. The following issues were discussed: Business sells 90 types of imported chocolate from Belgium, coffee, espresso, tea, waffles and crepes, and currently champagne and wine No table service to be provided Have 2 more locations in Northbrook and in Chicago at Chicago and Rush Streets Expects this to be the main location of storage for the other stores Application presents no zoning issues Parking: o Typically the City requires 2 leased off site parking spaces for employees; there is a leased space with the property o Applicant expects most employees will not be driving to work o There is 1 on site parking spot and will be 2 next year o Currently only 1 employee drives to work o There is a City lot 2.5 blocks west of the store Highly visible window on Greenbay will be dressed by a professional window dresser Would like to put an awning and a big sign in the window (will submit to Sign Board) Front on Central will be elegant and European style, painted black Deliveries to be made off Greenbay about every 3 weeks and every week around Xmas Alley behind store is very narrow; takes approximately 10 minutes to unload chocolate Hours of operation are seasonal: currently Sun through Wed, 6:00a.m. – 7:00p.m.; Thurs through Sat until 9:00p.m. Applicant noted that there is no handicap parking spot in the vicinity of the store and many of her customers are older (40-80yrs) Mr. Murphy advised the applicant of the 250’ radius clean-up requirement Applicant has a 20 year lease Mr. Murphy moved to recommend approval seconded by Mr. Cory. The Committee voted unanimously 6-0 to recommend approval of the special use. DRAFT – NOT APPROVED 275 of 608 SPAARC Meeting Notes – May 15, 2013 Page 2 of 2 2) 1940 Dempster Street Recommendation to ZBA Application for special use for a Resale Establishment, Kazoom, to sell used children’s clothing and accessory items. APPLICATION PRESENTED BY: Kristen White Business owner GENERAL DISCUSSION: Ms. White explained that Kazoom expects to fill a need in the community. The following issues were discussed: Propose to start as a pop-up store to test for possible investors; if successful will build out for permanent full time business “Pop-up” means the store will be open Monday, Wednesday and Friday mornings from 9:30a.m. – 1:30p.m. because owner does not have the money to hire staff full time yet; Saturday morning hours will be for buying Plan to have 2 employees to start A marketing survey showed that 70% of Evanston residents shop resale and are dissatisfied with local options Plan to open August 1st with a back to school sale Landlord has made a generous 12-month agreement in encouragement that she transitions to a permanent business Store will buy out right from sellers offering $XX amount for % of what they brought in Plans to use the store for fund raising; any group can do a drive where she will pick up donated items, sort through them, sell some for the fund raiser and donate the rest to the charity of their choice To address the problem of people dropping off bundles at the door, she will have a sign asking people not to do so Proposed store is in the Dempster Dodge shopping centerCommunity has expressed interest in having a small business in the shopping center A special use is required for a resale shop in a C1 zoning district Mr. Murphy moved to recommend approval seconded by Mr. Cory. The Committee voted unanimously 6-0 to recommend approval of the special use to the ZBA. Other Business: APPROVAL OF MEETING NOTES FROM: May 1, 2013 and May 8, 2013. Mr. Ruiz amended the minutes to note that the Preservation Commission had reviewed the items. Mr. Murphy moved to approve the minutes of the 5/1/13 and 5/8/13 SPAARC meetings as amended, seconded by Mr. Cory. The Committee voted unanimously 6-0 to approve the minutes of the 5/1/13 and 5/8/13 SPAARC meetings, as amended. The meeting adjourned at 3:09 p.m. Respectfully submitted, Bobbie Newman 276 of 608 For City Council meeting of June 24, 2013 Item P3 Ordinance 70-O-13 Application for Special Use for a Type 2 Restaurant at 1907 Central Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Susan Guderley, Neighborhood Planner, Planning and Zoning Division Subject: Ordinance 70-O-13 Granting a Special Use for a Type 2 Restaurant at 1907 Central Street Date: June 24, 2013 Recommended Action The Zoning Board of Appeals recommends the adoption of Ordinance 70-O-13 granting a special use permit the establishment of a Type 2 Restaurant, Leonidas Chocolate Café. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. The Site Plan and Appearance Review Committee and staff also recommend approval of this request. Summary The applicant proposes to operate an imported chocolate store and Type 2 Restaurant, called Leonidas Chocolate Cafe. The applicant also owns Leonidas stores in Northbrook, Wilmette and Chicago. If this request for a Special Use Permit is approved, all of the Wilmette store’s operations will be relocated to Evanston. The subject location is one of several retail storefronts located in the ground floor of a 2- story, mixed used building fronting onto Central Street, topped by six multi-family residential units. This structure is one of a triangularly shaped cluster of 1 to 3-story commercial and mixed-use buildings with frontages along Prairie Avenue, Central Street and Green Bay Road. All of these buildings back up to and share a motor court with driveway access to Green Bay Road, in which 8 reserved parking spaces and the buildings’ garbage dumpsters are located. The applicant states that the business will retail Belgian chocolates and ship internet orders nationwide. Air shipments of new inventory will be received weekly. In addition, the business will offer French coffee, pastries, ice cream, crepes, and waffles for on-site Memorandum 277 of 608 2 consumption or to-go. The proposed hours of operation are: 6:30 a.m.- 7:30 p.m. on weekdays; 8:00 a.m.- 6:00 p.m. on Saturday; and 8:00 a.m. - 7:00 p.m. on Sunday. The store-café space will be approximately 900 sq. ft in size, including a sales counter for chocolates, coffee and food products, merchandizing and shelving, and the café seating area. Behind the café and sales area, there is another 750 sq. ft. space to be used for storage and shipping. Customer access will be from the Central Street entrance. The rear area of the store has access to the dumpsters in the motor court and to a side entrance on Green Bay Road, which will be used for deliveries. There will be a total of five deliveries per week that will each last approximately 10 minutes. Although the Green Bay entrance will only be utilized for deliveries, the applicant plans to add window dressings, a new awning, and signage to advertise the café to motorists and pedestrians along Green Bay Road. The applicant anticipates that the store will be regularly staffed by two full-time employees, but may require a total of four employees during peak hours and holidays. It is the applicant’s plan to bring those employees now working at the Wilmette store with them in their move to the Evanston location. Many of the employees plan to utilize public transportation or bicycle to the location on Central Street. There is no off-street, customer parking associated with this commercial space. There is on-street, 2-hour metered parking on both sides of Central Street, from Hartrey to Eastwood, and for one block north and south on Prairie Avenue. There is also 2-hour, off- street, metered parking in a city lot located two blocks west of the subject property on Central Street. 15-Hour, metered commuter parking is also available along the east side of the Metra embankment, north and south of Central Street. Public transportation options available include Metra commuter rail and CTA (Routes 201 and 206) and Pace bus service (Route 213), all within a one-block walk. The CTA Purple Line Central Street Station is located approximately six blocks to the east. There is one reserved parking space on the site that will be utilized as employee parking. The subject property is zoned B1a as are other, adjacent commercial properties on both sides of Central Street to the east and west. This zoning district also turns the corners north and south at Prairie Avenue and continues south along Green Bay Road. The commercial spaces in the ground floors of these properties have a strong pedestrian orientation and contain a wide mix of retail shops, professional services and Type 1 and Type 2 restaurants. To the north, along Green Bay, the zoning changes to C2 Commercial. There, buildings and their orientation reflect a more auto-oriented commercial district and tenants. Immediately north and south of this section of the Central Street commercial area are residential neighborhoods zoned R4 and R5 General Residential, respectively. These areas include a diverse mix of single family detached and attached, two family and flat buildings to the north and 3- and 4-story multi-family structures to the south. Neighborhood Benefit 278 of 608 The proposed use is compatible with the existing mix of retail shops and services and pedestrian nature of this business district and will not result in any negative cumulative effect upon surrounding properties. City staff received comments objecting to the special use from one nearby property owner; however, the concerns mentioned are not related to land use. Comprehensive Plan The proposed use is consistent with the Comprehensive General Plan’s Goal objective to recognize and support the strong role that neighborhood business districts play in the City’s economy and identity. The plan identifies Central Street as one notable exa mple, citing its unique identity and interesting mix of stores and restaurants serving both local and destination shopping trips. The Central Street Master Plan (2007) locates the subject property within Central Street’s main commercial core, between Hartrey Avenue and Green Bay Road. The Plan recommends that the existing scale (one to three-stories) of this area be maintained to preserve its character as a specialty shopping area. The Comprehensive Plan specifically includes: Objective: Recognize and support the strong role neighborhood business districts play in Evanston’s economy and its identity. Policy/Action: Promote pedestrian oriented retail activity in Evanston’s neighborhood business areas. Legislative History May 21, 2013: By a vote of 5-0, the Zoning Board of Appeals voted to recommend approval of this request with the following conditions: 1) Employees may not park on the street 2) Hours: 6:00 AM – 10:00 PM Weekdays; 6:00 AM-11:00 PM Friday & Saturday 3) Litter and Garbage Pick Up Plans Attachments Proposed Ordinance 70-O-13 May 21, 2013 ZBA Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 279 of 608 6/10/2013 70-O-13 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1907 Central Street in the B1a Business & oCSC Central Street Corridor Overlay Zoning Districts (“Leonidas Chocolate Café”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on May 21, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0039, an application filed by Douailly-Backman Holdings Corp., lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1907 Central Street (the “Subject Property”) and located in the B1a Business and oCSC Central Street Corridor Overlay Zoning Districts, for a Special Use Permit to establish, pursuant to Subsection 6-9-5-3 of Title 6 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Leonidas Chocolate Café,” 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 June 24, 2013, 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-0039; and 280 of 608 70-O-13 ~2~ WHEREAS, at its meetings of June 24 and July 8, 2013, 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 Type 2 Restaurant on the Subject Property as applied for in case no. 13ZMJV- 0039. 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. 281 of 608 70-O-13 ~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 before 6:00 a.m. or after 11:00 p.m. on any Friday or Saturday, and before 6:00 a.m. or after 10:00 on any other day. E. Employee Parking: When driving to work at the Type 2 Restaurant authorized hereby this ordinance, the Applicant and its employees shall not park in any on- street parking spaces. 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: 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: 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. 282 of 608 70-O-13 ~4~ 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. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 283 of 608 70-O-13 ~5~ EXHIBIT A Legal Description LOT 3 AND ALL THAT PART OF LOT 4 IN THE RESUBDIVISION OF LOTS 10, 11, 12, 13, AND 14 IN BLOCK 20 IN NORTH EVANSTON, IN TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, LYING SOUTHEASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 4 ABND RUNNING THENCE NORTHEASTERLY 45 FEET TO A POINT 0.44 FEET SOUTHEASTERLY FROM THE NORTHWESTERLY LINE OF SAID LOT 4 (MEASURED AT RIGHT ANGLES THERETO), THENCE NORTHEASTERLY IN A STRAIGHT LINE 123 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 4, 0.10 FEET SOUTHEASTERLY FROM THE NORTHEASTERLY CORNER OF SAID LOT 4, IN TOWNSHIP 42 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 05-34-423-024-0000 05-34-423-031-0000 COMMONLY KNOWN AS: 1907 Central Street, Evanston, Illinois. 284 of 608 APPROVED Page 1 of 5 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, May 21, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lori Summers, Beth McLennan, Clara Wineberg, Scott Gingold, Matt Rodgers Members Absent: Andrew Gallimore, Mary Beth Berns Staff Present: Melissa Klotz, Ken Cox, Dennis Marino, Sue Guderley Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:35pm. Approval of Minutes The minutes from the May 7, 2013 Zoning Board of Appeals meeting were motioned for approval by Mr. Rodgers and seconded by Ms. McLennan. The motion was approved 3-0 with 2 abstentions. New Business 2018 Lake Street ZBA 13ZMJV-0040 Michael low, property owner, applies for major zoning relief to expand a nonconforming use in a non-complying structure for a rear yard 2-story addition to a 2-flat. The applicant asks to expand a nonconforming use (a 3-flat to be converted to a 2-flat in the R-2 Single Family Residential District) in a non-complying structure (existing legally nonconforming setbacks, lot size and parking) (Zoning Code Sections 6-6-4-4 and 6-6-4-5), and a side yard setback of 2.6’ where 5’ is required (Zoning Code Section 6-8-3-7-A-3). The Zoning Board of Appeals is the determining body for this case Ms. Klotz read into the record. Mr. Low explained the proposal: • Plan to expand the back addition by 5’ • Make back bedroom that is currently 6’ in width larger • Room is for wheelchair bound tenant • Played audio of statement made by Leila Terrell, tenant. Chairmen Summers stated the external stairs make it more obviously a 2-flat. She then asked whether the stairs could be incorporated into the interior. Mr. Low responded the stairs cannot be incorporated into the interior because the stair and upstairs level must be separate from the basement/1st floor duplex unit. Charlie Booker, representative on behalf of neighbors, noted the plan is different from what was shown to them originally. The neighbors do not approve of this plan because it is taking up green space, along with other neighborly concerns including drainage problems and site views. Lu Booker stated the small bedrooms are supposed to be enclosed porches. 285 of 608 APPROVED Page 2 of 5 Zoning Board of Appeals John Benson, other property owner of 2018 Lake, explained his views on the proposal: • Side yard setback variance will match the existing setback • People just west of the site are the most affected and show support of the proposal. Chairmen Summers stated the stair should be enclosed within the proposed addition. Ms. McLennan noted the site is close to other zoning districts, including multifamily. Chairmen Summers stated there is a way to make the 2nd floor stair a proper, separate egress within the addition. The Zoning Board of Appeals then entered into deliberations. The Standards were then discussed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Rodgers motioned that the Zoning Board recommend approval of the proposed major zoning relief with the following conditions: 1. Egress stair for 2nd floor unit must be enclosed. 2. No kitchen is permitted in the basement. 3. The project may not exceed the building lot coverage shown in the plans. 4. The addition footprint may not be enlarged. Ms. McLennan seconded the motion and the motion was approved 5-0. 1907 Central Street ZBA 13ZMJV-0039 Douially-Backman Holdings Corp., lessee, applies for a special use permit for a Type 2 Restaurant, Leonida's Chocolate Café, at 1907 Central Street. 1907 Central Street is located in the B1 a Business District and the oCSC Central Street Corridor Overlay District, which requires a special use permit for Type-2 Restaurants to operate (Zoning Code section 6-9-5-3). The Zoning Board of Appeals makes a recommendation to the City council, the determining body for this case. Lessee, Mary Backman explained the proposal: • There are three current locations • Café with 50% retail of chocolates, etc. • Outgrew Wilmette space • Parking provided in the rear of building for customers • Trash located on the rear side • Deliveries will be made on the side of the building • Litter Collection Plan ok • Hours: 6 AM-10 PM maximum Marge Anderson, citizen, asked what kind of employee parking would be provided. Ms. Backman responded that 2 spaces will be available on-site for employees and the rest could utilize public transit, ride a bike, or walk. Ms. Anderson also inquired where deliveries would 286 of 608 APPROVED Page 3 of 5 Zoning Board of Appeals take place and how often. Ms. Backman replied that food and other deliveries would be made on Green Bay Road about 3-5 times a week. Chairman Summers and Mr. Rodgers both commented on not wanting delivery trucks to be double-parked on Green Bay Road during rush hours. The Zoning Board of Appeals then entered into deliberations: The Zoning Board of Appeals found all of the standards to be met. Mr. Rodgers motioned that the Zoning Board recommend approval of the special use permit with the following conditions: 1. Employees may not park on the street 2. Hours: 6 AM – 10 PM on weekdays, 6 AM – 11 PM on Friday & Saturday 3. Litter and Garbage Pick Up Plans Mr. Gingold seconded the motion and the motion was approved 5-0. 1929 Noyes Street ZBA 13ZMJV-0037 Randolph Liebelt, architect, applies for major zoning relief to retain an illegally constructed second story addition. The applicant request a front yard setback of 19.1’ where 27’ is require (Zoning Code Section 6-8-2-8-A-1) and a street side yard setback of 4.5’ where 15’ is required (Zoning Code Section 6-8-2-8-A-2). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read into the record. She noted only 1 variance being requested, not 2 as published. Randolph Liebelt, architect, explained the proposal: • Property foreclosed in June 2012 • Property was on the market and it was then discovered that the 2nd story addition was constructed illegally • Shape and structure will remain, but the interior of the addition will be brought up to code • The addition was completed approximately 8 years ago • Despite the illegal addition, the property is in good condition. Thomas Hovaland, resident at 2001 Noyes Street, stated that the house was in terrible condition prior to the addition approximately 7 years ago. The property was not in move-in condition. Bob Taylor, a neighbor directly to the east of the site, voiced his support of the variance and recognized the necessity of making the property code compliant. The Zoning Board of Appeals then entered into deliberations. Mr. Gingold noted that if the addition had not already been completed, this proposal looks like the type of request the Zoning Board of Appeals typically supports. Chairman Summers also noted that the current owner of this property did not create this situation. The Standards were then discussed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 287 of 608 APPROVED Page 4 of 5 Zoning Board of Appeals 6. Yes 7. Yes Mr. Gingold motioned that the Zoning Board of Appeals recommend approval of the proposed major zoning relief with the following condition: 1. The property is brought up to code. Ms. McLennan seconded the motion and the motion was approved 5-0. 2112 Ewing Avenue ZBA 13ZMJV-0038 Edmund Moran Jr., attorney, applies for a family necessity variation to retain an illegally rented coach house. The applicant requests to eliminate conditions imposed on granted variance case ZAR 01-33-M to allow the coach house to be legally occupied and rented by persons who are not members of the family occupying the principle dwelling unit (Zoning Code Section 6-3-8-14). The Zoning Board of Appeals is the determining body in this case. Ms. Klotz read into the record. Edmund Moran, attorney for the applicant, explained the proposal: • 2001 height variance • Originally used for storage • The family situation has now changed • Wanted to retain home to provide stability for 2 children after turbulent divorce • Sister purchased property while in foreclosure • Without coach house rental income, there is a $750 gap • The coach house has been rented out for some time • They request a variance be granted through the duration of the children’s Evanston educations, so they can maintain stability with the same home and schools Chairman Summers asked if any other regulations of the Zoning Ordinance pertained to the family necessity variance. Ms. Klotz responded that the regulations must be for 1 of 3 reasons listed in the Zoning Code Section 6-3-8-3-C. Mr. Moran noted that they were citing the 3rd reason due to the created inconvenience of a growing family. Courtney Wood, sister, stated that she purchased the property as an LLC, so that her sister’s ex-husband would not know who had purchased the property out of fear of retaliation. Mr. Rodgers asked if the LLC was aware of any conditions pertaining to the rental of the coach house when the LLC purchased the property. Ms. Wood answered that no conditions were found during the title search. The coach house was registered as a rental with the City of Evanston. The coach house was constructed with a kitchen, etc. in 2001 and has been rented out for approximately 2 years. Abbey Prujen, citizen, stated that the Family Necessity Variance and the Zoning Ordinance are not intended for this case. Ms. Prujen asked about existing documentation of financial hardship. She also recounted speaking with the property owner in August 2012 before improvements to the coach house were made and the owner told her the coach house was not permitted to be rented out. Jane Leisman, resident at 2116 Ewing, noted that she was happy with the improvements being made to the coach house and that it was not detrimental to the neighborhood. Bradley Knight, opposed, questioned why the illegal rental had been allowed for 2 years without any fines, reprimands, etc. Mr. Knight stated that 3 large windows in the rear of the coach 288 of 608 APPROVED Page 5 of 5 Zoning Board of Appeals house face directly into his children’s bedrooms and that the property has recently had police issues. Johnathan Levy stated that the Zoning Board of appeals cannot grant a variance for use and therefore, the variance must go to City Council. The variance does not meet any one of the three listed reasons for the Family Necessity Variance. The application should not be to eliminate the conditions of a previously approved variance. Ken Cox stated that the Law and Community Development Staff interpret this case to be eligible for the Family Necessity Variance and the case is subject to the Zoning Board of Appeals’ determination. Gary Brown, opposed, stated that there was a lack of knowledge surrounding the original variance, which carried the stipulation that the coach house was to be used as storage and not meant to be used as a rental unit. Mr. Brown wonders if the proposal is for the necessity of the family or for the LLC. He believes the renting of the coach house decreases the value of properties in the neighborhood. Ms. McLennan asked all of the opposed how they felt about the recommendation to allow the coach house rental until the children finish their educations. Mr. Brown responded that he did not support that condition. Mr. Knight said that since previous conditions were not enforced, he would not expect the city to enforce new conditions and therefore, he opposes the variance all together. Alderman Tendam noted that this was a unique situation and the coach house rental would be a temporary situation, if allowed, and fall within an acceptable time frame. Overall, he supported the variance. Chairman Summers suggested this case be continued to the June 4, 2013 Zoning Board of Appeals meeting for questions to be answered. Mr. Rodgers motioned for the case to be continued at the June 4, 2013 Zoning Board of Appeals meeting. Ms. McLennan seconded the motion and the motion was approved 5-0. The meeting adjourned at 10:40pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 289 of 608 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 May 21, 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 6-9-5-3 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 5-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 5-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 5-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 5-0 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 5-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 5-0 Case Number: 13ZMJV-0039 Address or Location: 1907 Central Street Applicant: Douailly-Backman Holdings Corp. Proposed Special Use: Type 2 Restaurant – Leonidas Chocolate Café 290 of 608 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 5-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 5-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 5-0 and, based upon these findings, and upon a vote __5__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Employees may not park on the street 2. Hours: 6 AM-10 PM on weekdays, 6 AM-11 PM on Friday & Saturday 3. Litter and Garbage Pick Up Plans _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ ___X ___ Clara Wineberg __X__ ____ ___X ___ Scott Gingold __X__ ____ ___X ___ Beth McLennan __X__ ____ ___X ___ Matt Rodgers __X__ ____ ___X___ Lori Summers __X__ ____ _______ Andrew Gallimore ____ ____ 291 of 608 292 of 608 293 of 608 294 of 608 295 of 608 296 of 608 297 of 608 298 of 608 299 of 608 300 of 608 301 of 608 302 of 608 303 of 608 304 of 608 305 of 608 306 of 608 307 of 608 308 of 608 309 of 608 310 of 608 311 of 608 312 of 608 313 of 608 314 of 608 315 of 608 316 of 608 317 of 608 318 of 608 319 of 608 320 of 608 321 of 608 322 of 608 1907 Central - Aerial Photo DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,722 Made with Evanston's GIS Printed: May 7, 2013 11:19:13 AM323 of 608 1907 Central - Current ZoningDISCLAIMER: This map and data are provided as-in without warranties of any kind.See www.cityofevanston.org/mapdisclaimers.html for more informationScale 1:1,722Made with Evanston's GISPrinted: May 7, 2013 11:21:08 AM324 of 608 325 of 608 326 of 608 For City Council meeting of June 24, 2013 Item P4 Ordinance 69-O-13 Application for Special Use for a Resale Establishment at 1940 Dempster Street For Introduction and Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Susan Guderley, Neighborhood Planner, Planning and Zoning Division Subject: Ordinance 69-O-13 Granting a Special Use for a Resale Establishment at 1940 Dempster Street Date: June 24, 2013 Recommended Action The Zoning Board of Appeals recommends the adoption of Ordinance 69-O-13 granting a special use permit for a Resale Establishment for children’s clothing and other items, Kazoom. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this district. The Site Plan and Appearance Review Committee and staff also recommend approval. Alderman Braithwaite requests suspension of the rules to allow introduction and action at the same meeting. Summary The proposed resale establishment, Kazoom, will market itself as a high quality and affordable source for childhood essentials that also offers families a means to sell used children’s items. Kazoom will begin operation as a pop-up store to test for market interest and possible investors. During the “pop-up” phase, the store will be open for sales to customers on Monday, Wednesday and Friday mornings from 9:30 a.m. to 1:30 p.m. On Saturday mornings, the store will be open to purchase used items for its inventory. Upon successful completion of the test phase, this location will become a full-time “bricks-and- mortar” store. The proposed location is one of the commercial spaces situated in the western wing of the Dempster Plaza Shopping Center. The front, customer entrance faces a large, paved parking lot shared by all of the shopping center’s tenants. There is also a rear entrance which leads to a two-lane alley with additional angled parking. This alley runs the full length of the shopping center’s western boundary and has access to both Dempster and Greenleaf Streets. Memorandum 327 of 608 2 The total area of the proposed space is 3,025 square feet, most of which will be used for display areas, shelving and racks for inventory. The remaining area will be used for a rear storage room and bathroom facilities. Items brought to the store that are not selected as merchandise will be recycled, via donation to charities. The applicant plans to hire two, part-time employees. To address the potential problem of people dropping off bundles of used goods at the door, the applicant will post a sign instructing people not to do so. The applicant states that this facility will have little impact on traffic. Evanston Plaza’s parking lot is underutilized due to many store vacancies. Further, the combined supply of parking spaces available in the front lot and rear alley would appear able to meet the applicant’s customer and employee demand should the plaza reach full capacity. The parking lot has multiple points of ingress/egress on both Dempster Street and Dodge Avenue, one of which is signalized. In addition, Evanston Plaza is served by public bus (Pace Route 250) and accessible to pedestrians via crosswalks at the Dempster-Dodge and Crain-Dodge intersections. The subject location is zoned C1 Commercial District as is most of the Dempster Plaza Shopping Center. The northeast and southeast corners of the Dempster/Dodge intersection are also zoned C1 and occupied by one-story commercial retail and office buildings. Immediately to the north, properties on the northwest corner of the Dempster/Dodge intersection are zoned C2 Commercial have been developed with fast- food restaurants. Properties immediately west and south of the subject property are zoned I2 Industrial and contain large to mid-size structures used for light industry and office space for a variety of businesses and not-for-profit services. Immediately to the east, across Dodge Avenue, properties are zoned R4 General Residential and are developed with single-family detached and attached housing units and a small diner. Staff has not received any public comments from neighbors related to this request. Neighborhood Benefit The use is compatible with surrounding tenants, will meet a demonstrated need in the community, and will not result in any negative cumulative impacts. This special use will fill a storefront space within a shopping center that has and continues to experience significant vacancies. Comprehensive Plan The proposed site is within an area designated by the Comprehensive General Plan as Retail and Mixed Use and intended to accommodate a broad spectrum of commercial retail goods and services establishments. The Plan also recommends the continued commercial redevelopment of the Evanston Plaza. To that end, the City is working closely with its current owner and management to address high store vacancies and has recently placed the property into a Tax Increment Finance District. The Comprehensive Plan specifically includes: Goal: Retain and Enhance a Diverstiy of Business, Commercial, and Industrial areas as desirable locations of economic activity. 328 of 608 Objective: Promote the growth and redevelopment of business, commercial and industrial areas. Policy/Action: Encourage the location of new or expanding businesses in existing commercial and mixed-use locations that would benefit from redevelopment, including the Evanston Plaza at Dodge/Dempster. Legislative History June 4, 2013: By a vote of 6-0, the Zoning Board of Appeals voted to recommend approval of this request with the following conditions: 1. Hours of operation are not to exceed 6:00 AM – 10:00 PM, 7 days a week 2. The project must be in substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 69-O-13 June 4, 2013 ZBA Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 329 of 608 6/10/2013 69-O-13 AN ORDINANCE Granting a Special Use Permit for a Resale Establishment Located at 1940 Dempster Street in the C1 Commercial Zoning District (“Kazoom”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on June 4, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0046, an application by Kristen White (the “Applicant”), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1940 Dempster Street (the “Subject Property”) and located in the C1 Commercial Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-10-2-3 of Title 6 of the Evanston City Code, 2012, as amended (the “Zoning Ordinance”), a Resale Establishment on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and findings that the application for a Resale Establishment 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 June 24, 2013, the City Council’s Planning and Development Committee (“P&D Committee”) considered and adopted the ZBA’s record and findings, and recommended City Council approval thereof; and WHEREAS, at its meeting of June 24, 2013, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, 330 of 608 69-O-13 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Resale Establishment applied for in case no. 13ZMJV-0046. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation: The Applicant shall not operate the Resale Establishment authorized hereby before 6:00 a.m. or after 10:00 p.m. on any day. C 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 331 of 608 69-O-13 ~3~ SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 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:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 332 of 608 69-O-13 ~4~ EXHIBIT A Legal Description 333 of 608 69-O-13 ~5~ PIN: 10-24-108-038-0000 COMMONLY KNOWN AS: 1940 Dempster Street, Evanston, Illinois. 334 of 608 DRAFT NOT APPROVED Page 1 of 5 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, June 4, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Andrew Gallimore, Lori Summers, Beth McLennan, Clara Wineberg, Scott Gingold, Matt Rodgers Members Absent: Mary Beth Berns Staff Present: Melissa Klotz, Dennis Marino, Ken Cox Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:30pm. Approval of Minutes The minutes from the May 21, 2013 Zoning Board of Appeals meeting were motioned for approval by Mr. Rodgers and seconded by Mr. Gingold. The motion was approved 5-0 with 1 abstention. 1108 Grant Street 13ZMJV-0044 Neil McCarthy and Lindsey Dold, property owners, apply for major zoning relief to demolish a roofed front porch and construct a larger roofed front porch. The applicants request a front yard setback of 22.5’ where 24.3’ is required and a sideyard setback of 2.2’ where 4.5’ is required for porches (yard obstructions) (Zoning Code Section 6-4-1-9-B-1), and impervious surface coverage of 47% where a maximum of 45 5 is allowed (Zoning Code Section 6-8-2-10-A). The Zoning Board of Appeals is the determining body for this case. Mr. Rodgers motioned to continue this case due to the applicant not being able to attend a SPAARC meeting as of yet and the motion was seconded by Mr. Gallimore. The motion was approved 6-0. Unfinished Business 2112 Ewing Avenue 13ZMJV-0038 Edmund Moran, Jr., attorney, applies for a family necessity variation to retain an illegally rented coach house. The applicant requests to eliminate conditions imposed on granted variance case ZAR 01-33-M to allow the coach house to be legally occupied and rented by persons who are not members of the family occupying the principle dwelling unit (Zoning Code Section 6-3-8-14). The Zoning Board of Appeals is the determining body for this case. Mr. Gallimore noted he was absent from the May 21, 2013 Zoning Board of Appeals meeting but has since reviewed the testimony. Christine Martin, citizen, commented on how the community needs to support each other during hard times such as those mentioned in this case. Doris Brown, citizen, raised questions to the Zoning Board of Appeals including the applicability of the Family Necessity Variance for this case. 335 of 608 DRAFT NOT APPROVED Page 2 of 5 Zoning Board of Appeals Chairman Summers stated that the applicability of the family necessity variance will be discussed further in this meeting. Suzanna Johnson, property owner at 2915 Simpson Street, commented on how she once rented out her own family home’s basement in the past out of necessity. Mr. Gingold asked if a rented coach house is an allowable use in the R1 district, to which Ms. Klotz responded yes. Mr. Moran stated that the Family Necessity Variance is a viable option as listed in the Zoning Ordinance and this case is a quintessential example of such. Ms. McLennan stated that she understood the concerns voiced by neighbors regarding property values. She continued to say that planning and appraisers’ studies show sparse indications on whether or not property values are affected by coach houses or accessory dwelling units. These studies show that property values are not negatively affected, and actually increase values by 5-10%. Ms. McLennan, therefore, surmised the rental of the coach house would not negatively affect property values. Mr. Gingold replied that the question in this case regarding property values focuses on the surrounding properties. The research he conducted suggests properties with accessory dwelling units typically have lower property values. Ms. McLennan responded that the study Mr. Gingold was referring to specifically dealt with lower income neighborhoods. More than a thousand municipalities allow for accessory dwelling units for rent and many include areas characterized by higher income and higher property values, including Aspen, CO; San Francisco, CA; and Honolulu, HI, etc. Chairman Summers commented that there are many coach houses that are rented out throughout Evanston, particularly at larger homes near the lake. Ms. Brown stated that, originally, the primary use of coach houses were to house servants. The coach house in question was built with the intention to be used as storage, but is now used instead as a rental unit. She went on to say that historically, this area of Evanston does not have coach houses. Peter Steinhouse, citizen, reminded the board that the original variance contained 7 conditions including 5 of which are currently not in compliance. Bradley Knight, citizen, voiced his concerns regarding the privacy of his own property, security, and the lack of enforcement of the conditions since the approval of the original variance. The Zoning Board of Appeals then entered into deliberations: Ms. Wineberg stated that the issue at hand seems to be based on the financial issues of the tenant, not the property owner. She noted the applicant’s reasoning behind the applicability of the Family Necessity Variance was explained as the “growing family.” Ms. McLennan answered that she feels the reasoning would not be a growing family, but the third requirement of “alleviating an inconvenience.” She also stated that it is understandable that the tenant serves as the de facto owner, which is acceptable. Mr. Gingold stated that the original variance was specifically conditioned and the owners were expected to record those conditions. He also noted the LLC is the sister of the tenant, but is 336 of 608 DRAFT NOT APPROVED Page 3 of 5 Zoning Board of Appeals pleading ignorance. The LLC owner does not meet any of the three allowable reasons to qualify for the Family Necessity Variance. Overall, the conditions are not met for this variance. Ms. McLennan noted that one of the previous property owners is not present, and therefore, we do not know who was or was not aware of the imposed conditions. Testimony has been stated saying no one else was aware of the conditions and thought the coach house could be rented out. Mr. Gingold stated the structure only exists because of a granted variance that outlined specific conditions. Mr. Rodgers stated that this case would be different if the property owner came to the Zoning Board of Appeals prior to renting out the coach house to ask for the condition to be struck from the variance. The Family Necessity Variance in the Zoning Ordinance allows for the granting of certain situations like setbacks, etc. He feels the applicant filed the wrong type of zoning request and that this case does not demonstrate the right kind of inconvenience to qualify for the Family Necessity Variance. Mr. Gallimore noted the property owners were originally granted the variance under specific conditions. Therefore, it is likely that if those conditions had not been listed, the original variance would not have been approved. Chairman Summers commented that the approval of the original variance did not use common sense if they thought this coach house would not become a rental. Mr. Gingold remarked that the board does not need to go over Standards if this does not meet any of the three reasons for a Family Necessity Variance. Mr. Cox stated that if the case does not meet any of the 3 reasons for the Family necessity Variance, zoning staff rejects the application. Since zoning staff felt that the case met one of the 3 reasons, it is best to advance the record and go through with standards. The Standards were then discussed: 1) Yes-Summers, McLennan, Gallimore No- Wineberg, Gingold Abstaining- Rodgers: Believes it should not be a Family Necessity Variance 2) Yes- McLennan: Believes in embodiment of the 3rd reason-‘inconvenience’ No- Summers, Wineberg, Gingold, Gallimore: Believe the reasons provided do not meet the eligibility requirements of the Family Necessity Variance Abstaining- Rodgers 3) Yes- Summers, McLennan, Gallimore No- Wineberg, Gingold: Character will change Abstaining- Rodgers 4) Yes- Summers, McLennan, Gallimore No- Wineberg, Gingold Abstaining- Rodgers 5) Yes- McLennan No-Summers, Wineberg, Gingold Abstaining- Rodgers, Gallimore Mr. Gingold motioned that the Zoning Board of Appeals deny the proposed Family Necessity Variance. The motion was seconded by Ms. Wineberg and the motion was approved 4-1 for denial with Mr. Rodgers abstaining. 337 of 608 DRAFT NOT APPROVED Page 4 of 5 Zoning Board of Appeals New Business 2310 Main Street 13ZMJV-0045 Few Spirits LLC, lessee, applies for a special use permit for a Wholesale Goods Establishment at 2310 Main Street. 2310 Main Street is located in the C1 Commercial District, which requires a special use permit for Wholesale Goods Establishments to operate (Zoning Code Section 6- 10-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Todd Paul explained his proposal: Current location is too small More space is needed for storage and bottling purposes A mid-sized truck will deliver barrels inside Outgoing deliveries, ranging from 0-3 times per week, will occur sporadically throughout the week by mid-sized truck There will be no full time staff Buyers will usually come to the site (wholesale, not retail) Ms. Klotz read the zoning definition for Wholesale Goods Establishment. Mr. Gingold asked a question regarding parking, to which Mr. Paul responded there would be plenty for this specific use. Chairman Summers inquired about the hours of operation for the establishment. Ms. Klotz responded that hours of operation are not a concern considering the adjacent uses in the area. Chairman Summers also asked about garbage, and Mr. Paul said there would be no waste. The Zoning Board of Appeals then entered into deliberations. The Zoning Board found the Standards to be met. Mr. Gingold motioned that the Zoning Board of Appeals recommend approval of the proposed special use permit with the following condition: 1. The proposal must be within substantial compliance of the documents and testimony on record. Ms. McClennan seconded the motion. The motion was approved 6-0. 1940 Dempster Street ZBA 13ZMJV-0046 Kristen White, lessee, applies for a special use permit for a Resale Establishment, Kazoom, at 1940 Dempster Street. 1940 Dempster Street is located in a C1 Commercial District, which requires a special use permit for Resale Establishments to operate (Zoning Code Section 6-10- 2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Chairman Summers inquired if there were other stores similar to the one proposed. Ms. White answered that there was a similar store on Dempster Street near the viaduct. Chairman Summers noted parking would not be an issue at the proposed location. Mr. Gingold commented on the numerous, empty storefronts located within that area. He asked Ms. White to explain the market study, to which she answered that she conducted local research involving approximately 140 families and stated that they wanted the drop-off aspect to be easy. 338 of 608 DRAFT NOT APPROVED Page 5 of 5 Zoning Board of Appeals Ms. White noted the establishment will be open 4 days a week, initially, and additional days during the week as time goes on. Visitors to the establishment will have the option to drop off items or wait for cash. Non-sellable items will be donated. Chairman Summers asked if Ms. White anticipated people just dropping items off outside. Ms. White responded that staff will be at the store, so if that were to occur, staff would retrieve it, but such an occurrence would be unlikely to occur too often. Signage displayed outside the establishment will hopefully deter such an event form happening. Ms. White went on to say that the establishment will go through a pop-up phase. The establishment will be open Monday, Wednesday, and Friday between the hours of 9:30 am to 2 pm and Saturday from 10 am to 4 pm. After this initial pop up phase, the establishment will be open 5 days a week from 9 am to 7 pm and one weekend day with undetermined hours. The Zoning Board of Appeals then entered into deliberations. Mr. Rodgers inquired as to the hours of operation of neighboring businesses in the area. Mr. Marino answered that neighboring businesses in that area hold typical operating hours and no nearby residences should be negatively impacted. The Zoning Board found the Standards to be met. Mr. Rodgers motioned that the Zoning Board of Appeals recommend approval of the proposed special use permit with the following conditions: 1. Operating hours: 6 am- 10 pm 2. The proposal must be within substantial compliance of the documents and testimony on record. The motion was seconded by Ms. McLennan and approved 6-0. The meeting adjourned at 9:50 pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 339 of 608 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 June 4, 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 6-0 (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 6-0 (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 6-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 6-0 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 Case Number: 13ZMJV-0046 Address or Location: 1940 Dempster Street Applicant: Kristen White, Kazoom Proposed Special Use: Resale Establishment 340 of 608 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (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 6-0 and, based upon these findings, and upon a vote __6__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Hours of operation are not to exceed 6 AM – 10 PM, 7 days a week 2. The project must be in substantial compliance with the documents and testimony on record _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ ___X___ Clara Wineberg __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Lori Summers __X__ ____ ___X___ Andrew Gallimore __X__ ____ 341 of 608 To: Members of the Zoning Board of Appeals From: Dennis Marino, Manager, Zoning and Planning Division Susan Guderley, Neighborhood Planner Subject: 1940 Dempster Street 13ZMJV-0046 ZBA Recommending Body; City Council Determining Body Date: June 4, 2013 Notice – Published in the May 16, 2013 Evanston Review Kristen White, lessee, applies for a special use permit for a Resale Establishment, Kazoom, at 1940 Dempster Street. 1940 Dempster Street is located in the C1 Commercial District, which requires a special use permit for Resale establishments to operate (Zoning Code Section 6-10-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Recommendation Staff has determined that the proposal meets the Standards for a Special Use.and recommends approval. The Site Plan and Appearance Review Committee also recommends approval of the proposed Special Use. Site/Proposal Background The property in question is one of the commercial spaces situated in the western wing of the Dempster Plaza Shopping Center. A front entrance for customer use faces a large, paved parking lot shared by all of the shopping center’s tenants. There is also a rear entrance which leads to a two-lane alley with additional angled parking. This alley runs the full length of the shopping center’s western boundary and has access to both Dempster and Greenleaf Streets. The proposed resale establishment, Kazoom, will market itself as a high quality but affordable source for childhood essentials that also offers families a means to sell used children’s items. Kazoom will begin operation as a pop-up store to test for market interest and possible investors. During the “pop-up” phase, the store will be open for sales to customers on Monday, Wednesday and Friday mornings from 9:30 a.m. to 1:30 p.m. On Saturday mornings, the store will be open to purchase used items for its inventory. Upon successful completion of the test phase, this location will become a full-time “bricks-and-mortar” store. Memorandum 342 of 608 The total area of the proposed space is 3,025 square feet, most of which will be used for display area, shelving and racks for inventory. The remaining space will be used for a rear storage room and bathroom facilities. Items brought to the store that are not selected as merchandise will be recycled, via donation to charities. The applicant plans to hire two, part-time employees. To address the problem of people dropping off bundles of used goods at the door, the applicant will post a sign instructing people not to do so. The applicant states that this facility will have little impact on traffic. Evanston Plaza’s parking lot is underutilized due to many vacant storefronts. Further, the combined supply of parking spaces available in the alley and front lot would appear able to meet the applicant’s customer and employee demand should the plaza reach full capacity. The parking lot has several points of ingress/egress on both Dempster Street and Dodge Avenue, one of which is signalized. In addition, Evanston Plaza is served by public bus (Pace Route 250) and accessible to pedestrians via crosswalks at the Dempster-Dodge and Crain-Dodge intersections. The subject location is zoned C1 Commercial District as is most of the Dempster Plaza Shopping Center. The northeast and southeast corners of the Dempster/Dodge intersection are also zoned C1 and occupied by one-story commercial retail and office buildings. Properties immediately west and south of the subject property are zoned I2 Industrial and contain large to mid-size structures used for light industrial and office space for a variety of businesses and not-for-profit services. The southwest corner of the Dempster Plaza is also zoned I2. Immediately to the east, across Dodge Avenue, properties are zoned R4 General Residential and are occupied by single-family detached and attached housing units and a small diner. The subject property is within an area designated by the Comprehensive General Plan as Retail and Mixed Use, which is intended for commercial retail goods and services establishments. The Plan also recommends the continued commercial redevelopment of the Evanston Plaza. To that end, the City is working closely with its current owner and management to address high store vacancies and has recently placed the property into a Tax Increment Finance District. Staff has not received any public comments from neighbors related to this request. Ordinances Identified for Requested Approval 6-8-2-4: SPECIAL USES: The following uses may be allowed in the C1 Commercial District, subject to the provisions Set forth in section 6-3-5, “Special Uses,” of this title: Resale establishment [among others listed] 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 343 of 608 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 May 8, 2013 Standards Form Zoning Analysis Plat of Survey – September 20, 2011 Site Plans Image of Property Aerial View of Property Zoning Map SPAARC Draft Meeting Minutes – May 15, 2013 344 of 608 345 of 608 346 of 608 347 of 608 348 of 608 349 of 608 350 of 608 351 of 608 352 of 608 353 of 608 354 of 608 355 of 608 356 of 608 357 of 608 358 of 608 359 of 608 360 of 608 361 of 608 362 of 608 363 of 608 364 of 608 365 of 608 366 of 608 367 of 608 368 of 608 369 of 608 370 of 608 371 of 608 Address 1940 Dempster Street Address is approximate © 2013 Google 1921 Dempster Street - Google Maps https://www.google.com/maps?q=&sll=42.041102,-87.699240&cbp=13,... 1 of 1 5/31/2013 12:31 PM 372 of 608 373 of 608 374 of 608 SPAARC Meeting Notes – May 15, 2013 Page 1 of 2 SITE PLAN AND APPEARANCE REVIEW COMMITTEE (SPAARC) MINUTES May 15, 2013 Members Present: J. Cory, I. Eckersberg, M. Klotz, J. Murphy, J. Nelson, C. Ruiz Staff Present: E. Golden, B. Newman, Presiding Member: C. Ruiz A quorum being present, Acting Chair Ruiz called the meeting to order at 2:35p.m. New Business: 1) 1907 Central Street Recommendation to ZBA Application for a special use for a Type 2 Restaurant – Leonidas Chocolate Café. APPLICATION PRESENTED BY: Marie Backman Owner GENERAL DISCUSSION: Ms. Backman explained that the business is mo ving to Evanston from Wilmette, where spac e and utilities are inadequate. The following issues were discussed: Business sells 90 types of imported chocolate fr om Belgium, coffee, espresso, tea, waffles and crepes, and currently champagne and wine No table service to be provided Have 2 more locations in Northbrook and in Chicago at Chicago and Rush Streets Expects this to be the main location of storage for the other stores Application presents no zoning issues Parking: o Typically the City requires 2 leased off site parking spaces for employees; there is a leased space with the property o Applicant expects most employees will not be driving to work o There is 1 on site parking spot and will be 2 next year o Currently only 1 employee drives to work o There is a City lot 2.5 blocks west of the store Highly visible window on Greenbay will be dressed by a professional window dresser Would like to put an awning and a big sign in the window (will submit to Sign Board) Front on Central will be elegant and European style, painted black Deliveries to be made off Greenbay about every 3 weeks and every week around Xmas Alley behind store is very narrow; takes approximately 10 minutes to unload chocolate Hours of operation are seasonal : currently Sun through Wed, 6:00a.m. – 7:00p.m.; Thurs through Sat until 9:00p.m. Applicant noted that there is no handicap parking spot in the vicinity of the store and many of her customers are older (40-80yrs) Mr. Murphy advised the applicant of the 250’ radius clean-up requirement Applicant has a 20 year lease Mr. Murphy moved to recommend approval seconded by Mr. Cory. The Committee voted unanimously 6-0 to recommend approval of the special use. DRAFT – NOT APPROVED 375 of 608 SPAARC Meeting Notes – May 15, 2013 Page 2 of 2 2) 1940 Dempster Street Recommendation to ZBA Application for special use for a Resale Establishment, Kazoom, to sell used children’s clothing and accessory items. APPLICATION PRESENTED BY: Kristen White Business owner GENERAL DISCUSSION: Ms. White explained that Kazoom expects to fill a need in the community. The following issues were discussed: Propose to start as a pop-up stor e to test for possible investor s; if successful will build out for permanent full time business “Pop-up” means the store wil l be open Monday, Wednesday a nd Friday mornings from 9:30a.m. – 1:30p.m. because owner does not have the money to hire staff full time yet; Saturday morning hours will be for buying Plan to have 2 employees to start A marketing survey showed that 70% of Evanston residents shop resale and are dissatisfied with local options Plan to open August 1st with a back to school sale Landlord has made a generous 12-m onth agreement in encouragement that she transitions to a permanent business Store will buy out right from sellers offering $XX amount for % of what they brought in Plans to use the store for fund raising; an y group can do a driv e where she will pick up donated items, sort through them, sell some for the fund raiser and donate the rest to the charity of their choice To address the problem of people droppin g off bundles at the door, she will have a sign asking people not to do so Proposed store is in the De mpster Dodge shopping centerCommunity has expr essed interest in having a small business in the shopping center A special use is required for a resale shop in a C1 zoning district Mr. Murphy moved to recommend approval seconded by Mr. Cory. The Committee voted unanimously 6-0 to recommend approval of the special use to the ZBA. Other Business: APPROVAL OF MEETING NOTES FROM: May 1, 2013 and May 8, 2013. Mr. Ruiz amended the minutes to not e that the Preservat ion Commission had reviewed the items. Mr. Murphy moved to approve the mi nutes of the 5/1/13 and 5/8/13 SPAARC meetings as amended, seconded by Mr. Cory. The Committee voted unanimously 6-0 to approve the minutes of the 5/1/13 and 5/8/13 SPAARC meetings, as amended. The meeting adjourned at 3:09 p.m. Respectfully submitted, Bobbie Newman 376 of 608 For City Council meeting of June 24, 2013 Item P5 Ordinance 72-O-13 Amending the Special Use Permit for a Type 2 Restaurant at 519 Main Street (Starbucks) For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Subject: Ordinance 72-O-13 Amending the Special Use Permit for a Type 2 Restaurant at 519 Main Street (Starbucks) Date: June 13, 2013 Recommended Action Staff recommends the adoption of Ordinance 72-O-13 that deletes the condition of an adopted special use from 1992 (Section 3-C of Ordinance 121-O-01) requiring that the Starbucks at 519 Main Street hire off duty police officers to issue parking citations t o customers who illegally park in the vicinity of Starbucks. The staff recommendation to release this condition is based on the experience during the past ten months when Starbucks was permitted by their request to not hire off duty officers on an experimental basis. There have not been reports of any problems during this period. Starbucks now requests that this condition of this special use be deleted given that it is not needed. It should be added that no other Type II restaurant currently has such a condition imposed. Summary Ordinance 121-O-01 was adopted on January 17, 2002 granting a special use for Starbucks to operate at 519 Main Street in the mixed use development constructed in 2002 on the northeast corner of Main and Chicago. Concerns were expressed during the consideration of the special use about the potential for double parking, alley parking and illegal parking. These concerns are no longer valid based on experience. Secondly, Starbucks has underscored the high cost of this condition that forces an otherwise well performing store to underperform required performance standards. Renewal of this condition will enable Starbucks to make a longer term commitment to stay at this location. Legislative History January 17, 2002 – Ordinance 121-O-01 was adopted to grant Starbucks a special use at 519 Main Street Attachments Proposed Ordinance 72-O-13 Memorandum 377 of 608 6/11/2013 72-O-13 AN ORDINANCE Amending the Special Use Permit for a Type 2 Restaurant Located at 519 Main Street (“Starbucks”) WHEREAS, the City of Evanston, Cook County, Illinois, (the “City”) is a home rule unit of government under the Illinois Constitution of 1970; and WHEREAS, Article VII, Section 6a of the Illinois Constitution of 1970 confers certain powers upon home rule units, among which are the powers to regulate for the protection of the public health, safety, and welfare; and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code, 2013, as amended, (“the Zoning Ordinance”); and WHEREAS, on January 14, 2002, the City enacted Ordinance 121-O-01, attached hereto as Exhibit 1 and incorporated herein by reference; and WHEREAS, pursuant to the provisions of the Zoning Ordinance, Ordinance 121-O-01 granted a Special Use Permit for a Type 2 Restaurant on the property located at 519 Main Street, Evanston, Illinois (the “Subject Property”), which is legally described in Exhibit 1; and WHEREAS, the Starbucks Corporation (“the Applicant”), operator of the Type 2 Restaurant on the Subject Property, requests relief from the condition imposed on the Special Use Permit pursuant to Section 3-c of Ordinance 121-O-01; and 378 of 608 72-O-13 ~2~ WHEREAS, on June 24, 2013, the Planning and Development Committee (“P&D Committee”) of the City Council held a meeting, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), during which it considered the Applicant’s request and recommended approval thereof by the City Council; and WHEREAS, at its meetings of June 24 and July 8, 2013, the City Council considered the P&D Committee’s recommendation, heard public comment, made findings, and amended and adopted said recommendation, as amended; 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), 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 deletes the condition set forth in Section 3-c of Ordinance 121-O-01 in its entirety, and said condition shall no longer have any force or effect on the operation of the Type 2 Restaurant on the Subject Property. SECTION 3: The Applicant shall, at its cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide a copy thereof to the City. 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.” 379 of 608 72-O-13 ~3~ SECTION 5: Except as otherwise provided for in this Ordinance 72-O-13, all applicable regulations of Ordinance 121-O-01, the Zoning Ordinance, and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and/or provisions of any of said documents conflict with any of the terms herein, this Ordinance 72-O-13 shall govern and control. 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: This Ordinance 72-O-13 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law, and after Applicant records a certified copy of it with the Cook County Recorder of Deeds. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 380 of 608 72-O-13 ~4~ EXHIBIT 1 Ordinance 121-O-01 381 of 608 382 of 608 383 of 608 384 of 608 385 of 608 386 of 608 387 of 608 388 of 608 For City Council meeting of June 24, 2013 Item P6 Request for a Three Year Extension of a Special Use for the Establishment of a Dormitory at 1620 Central Street (National Louis University PACE Program) For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Subject: Request for a Three Year Extension of a Special Use for the Establishment of a Dormitory at 1620 Central Street (National Louis University PACE Programthe ) Date: June 13, 2013 Recommended Action Staff recommends approval of the requested three year extension of the adopted special use for a dormitory for National Louis University PACE program. The project and special use are consistent with the Comprehensive Plan and the Central Street Zoning Overlay. The property owner cites challenges encountered by National Louis in implementing its plan for 1620 Central Street and its actions and plan to overcome these obstacles. Summary The property owner, National Louis University (NLU), has requested a three year extension of a special use granted by Ordinance 79-O-08 that expires on July 11, 2013 unless it is extended. The special use allows NLU to renovate 1614-20 Central Street into a dormitory for NLU’s PACE program for young adults with mult iple learning disabilities. The applicant’s attorney cites the need for the project to overcome the many challenges posed by adverse economic conditions and programmatic challenges. The property is currently vacant. It was also vacant when purchased by NLU. Legislative History The special use, granted in Ordinance 79-O-08 (attached), was granted a two year extension on July 13, 2009 for two years until July 11, 2011. On June 13, 2011, a second two year extension was granted that expires on July 11, 2013. The Comprehensive Plan encourages both new housing construction and the conversion of underutilized non- residential buildings to housing in order to increase housing variety. Attachments Ordinance 79-O-08 Letter of May 17, 2013 requesting a three year extension Letter of June 14, 2013 with further clarification regarding extension request Memorandum 389 of 608 390 of 608 391 of 608 392 of 608 393 of 608 394 of 608 1886 NATIONAL LOUIS UNIVERSITY ACCESS. INNOVATION. EXCELLENCE. 1000 Capitol Drive Wheeling, Illinois 60090-7201 www.nl.edu 888.NLU.TODAY (658.8632) May 17, 2013 City of Evanston 2100 Ridge Avenue Evanston, IL 60201-2798 Attn: Dennis Marino, Manager, Planning and Zoning Division Dear Mr. Marino: Re: National Louis University Property Special Use Extension -1620 Central Avenue Through this letter, National Louis University (NLU or the University) is requesting a 3 (three) year extension to the special use in effect on its property on 1620 Central Avenue in Evanston. As reference, the building on 1620 Central Avenue was purchased in August 2008 by NLU to serve as a residence hall and operations site for the University's PACE (Professional Assistant Center for Education for Young Adults with Multiple Learning Disabilities) program. PACE is a two-year, post-secondary certificate program offered by NLU designed to meet the transitional needs of students with multiple learning disabilities. The program prepares students for a life of independence and teaches them the life skills necessary to work and live successfully. Created in 1986, PACE is one of the leading on-campus programs in the country that integrates formal instruction in academics, career preparation, life skills and socialization into a curriculum to prepare students for independent living. Internationally recognized as a model for providing young men and women with the tools they need to transition successfully into the workplace and the community, PACE offers students a positive environment as they prepare for their next stage in life. The success of PACE is reflected in the success of its alumni as more than 80 percent ofthe graduates are employed. The building at 1620 Central Avenue was purchased in August 2008 with the understanding that it would require major renovation to the interior ofthe building such that it could be used for its intended purpose (as a residence hall forthe PACE students). The initial estimates ofthe renovation costs that would be necessary were in the range of $3.5 - $4.0 million. Such renovation was to be funded through a capital development campaign as well as income from the operations ofthe PACE program. Unfortunately, soon after the building was purchased in 2008, the University's enrollment in the PACE program declined. Whereas the PACE full-time enrollment was in the range of 50-60 at the time, it quickly fell to 30-40 for the years that followed and is currently at 27. As a result, the University delayed its capital campaign work for the building renovation until enrollment levels returned to their expected and required levels to justify the required renovation. In the interim, the University has been renting out hotel rooms at the Extended Stay Hotel in Skokie which the students use for their lodging needs. 395 of 608 Because ofthe enrollment declines that have been occurring and in an effort to provide a fresh look and fresh start for the program, the University made a recent change in the executive director position ofthe program last month. Selima Ani-Hargodon was introduced as the new executive director on April 1. Selima brings expertise in education and community support services for individuals with special needs and their families. She has worked in a number of private not-for-profit organizations including Aspire of Illinois Children's Services (formerly The Belle Center) where she served as both Associate Director of Community Initiatives and Program Director; the Chicagoland Business Leadership Network ofthe Chicagoland Chamber of Commerce, disabilityworks as Managing Director; and as Director of Specialized Services at Options, Inc., a provider of residential and transitional services to adults with development disabilities. With Selima's leadership, the University is looking to revamp the PACE program and rebuild enrollment to the levels they were in the past which will provide the support and justification to go forward with the capital campaign forthe renovation ofthe 1620 Central Avenue building. Some ofthe changes and enhancements that are already underway forthe program include the following: 1. Utilization of new teaching practices, including enhanced computer teaching methods. 2. Further introduction to technology and mobile products and the instruction of how to use such products properly in daily and work life. 3. Introduction of enhanced and more, healthy meal plans. 4. A review of the instructor levels to determine if such are appropriate and adequate to provide the best learning experience. 5. A better Integration of the PACE students into the University. In the past, the program has been isolated and the goal is to make available to these students all ofthe other services and offerings as appropriate for these students. Of course, another of the critical areas to address is the required stabilization ofthe room and board situation for these students. The current utilization of a hotel and various restaurants to provide for the room and board needs of these students is not a good situation. That is why it is so important that NLU eventually renovate the building at 1620 Central Avenue and use it for its intended purpose. Based on current leads, we expect that our full-time enrollment in the PACE program will grow back to approximately 35 and up to over 40 in the year thereafter. With that sustained two year growth cycle, the foundation will be built to support the capital campaign necessary to finance the renovation. It should be noted that we already have pledges in hand for about 20% of the renovation, so we have a solid base to grow from, but have just been waiting until there was stability in enrollment to justify moving forward. With the changes that we have been making, we believe that justification will be coming soon. The P.A.C.E. program is an important mission relevant program for NLU. It is our goal to build upon P.A.C.E.'s solid foundation to make it one ofthe most progressive, contemporary and 396 of 608 effective programs of its kind. Further, as indicated above, the building on 1620 Central Avenue is key to this growth as we develop and it is therefore important that the property tax exemption continue as we move towards using the building. We would be pleased to meet with you to discuss our request and to display our enthusiasm for the PACE program and its new home. If you should have any questions, please do not hesitate to call me at (847) 947-5580. Sincerely, Cc: McCeil Johnson Selima Ani-Hargodon Barry B. Nekritz, DSC 397 of 608 1886 NATIONAL LOUIS UNIVERSITY ACCESS. INNOVATION. EXCELLENCE. 1000 Capitol Drive Wheeling, Illinois 60090-7201 www.nl.edu 888.NLU.TODAY (658.8632) June 14, 2013 City of Evanston 2100 Ridge Avenue Evanston, IL 60201-2798 Attn: Dennis Marino, Manager, Planning and Zoning Division Dear Mr. Marino: Re: National Louis University Property Special Use Extension -1620 Central Avenue Thank you and Alderman Grover again for meeting with us last week to discuss our plans with respect to our property at 1620 Central Avenue. We really appreciate your time and the ability to discuss our program and vision with you in more detail. As we discussed in the meeting, one ofthe important projects that we will undertake in connection with the renovation ofthe 1620 Central Avenue building is a capital campaign to help raise the funds required for the building renovation. We estimate the renovation of the building will cost in the range of $3.5 - $4.0 million and we currently have pledges of funds from external donors for about 20% ofthis amount. One ofthe key considerations that we have been facing before we would undergo an aggressive capital campaign forthe renovation ofthe 1620 Central Avenue property has been the demonstration of year over year enrollment growth and the general stability of our PACE program. As we indicated previously, we have seen our PACE enrollments decline every year since the 1620 Central Avenue property was purchased in 2008. As a result, we started to take the actions that we felt were necessary earlier this year to rejuvenate the program by bringing in a new executive director who will help to provide new curriculum, new technology and best practices to the program. As I'm sure you'll agree from meeting her, we believe that Selima Ami Hargadon has the energy and fresh ideas that we need to resurrect the program's enrollments. As a result, we remain hopeful that we will be able to demonstrate the growth and stability that will justify the start of the aggressive capital campaign for the building renovation within the next year. In preparation for a capital campaign, we have already begun the process of identifying major gift prospects- individuals, corporations and foundations. Many of these prospects have some ties to the twenty plus years of graduates of the PACE program over the years and others just generally have ties to the special education industry and connect to the mission of PACE. This prospecting process will lend itself to the identification of the chairs for the campaign that we will use to help us run and generate funds as part ofthe campaign. As an aside, such chairs will be expected to provide a major gift towards the process. 398 of 608 With the chairs in place, we would be prepared to launch the capital campaign which would then include various messaging ofthe campaign to all gift prospects through informational letters and publicity. Such chairs and members of the University would make personal solicitation visits to the major gift prospects that are identified as part of the process. Throughout the year various ongoing solicitations will occur to appeal to folks at various key times during the process - including near the calendar year end in an effort to encourage individuals to make year-end charitable contributions to the process. As I'm sure you can appreciate, the exact timing of the initiation of the renovation itself is difficult to predict and will depend on our enrollment successes and our ability to generate pledge commitments to the project. However, we believe we will be in a position to begin the renovation once we have received commitments for at least 60% of the overall renovation As hopefully you could tell from our meeting, we remain very encouraged about the PACE program and the important and rewarding work that the program is achieving. Further, we remain convinced that the 1620 Central Avenue property provides the real estate that would be perfect for the ongoing life of this program and it is therefore important that the property tax exemption on the building continue on into the future. Ifyou should have any questions, please do not hesitate to call me at (847) 947-5580. Sincerely, 7^ Marty Mickey V.P. - Finance Cc: Jane Grover, City of Evanston McCeil Johnson, National Louis University Selima Ani-Hargodon, National Louis University Barry B. Nekritz, DSC, Faegre Baker Daniels 399 of 608 For City Council meeting of June 24, 2013 Item P7 Ordinance 73-O-13 Application for Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Ordinance 73-O-13 Granting a Special Use for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street Date: June 19, 2013 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 73-O- 13 granting a special use permit for the operation of a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street. The applicant has complied with all zoning requirements and meets all of the standards of a special use for this District. The Zoning Board of Appeals found this as well in its findings for a positive recommendation. The use should not incur any detrimental effects that would negatively affect the surrounding area because of strict Illinois EPA regulations the business must abide by, and the isolated location of the site, which is entirely surrounded by industrial zoning and is over 1000’ from the nearest residential district. Summary Applicants Jim Seckelmann and Scott Scholler of J & S LLC propose to operate a Yard Waste Transfer Facility at 2533 Oakton Street with the utilization of the adjacent parcel just west of the access drive at 2532 Oakton Street for truck maneuvering and overflow staging. The applicants recently received approval of a text amendment to add Yard Waste Transfer Facilities to the Zoning Ordinance as special uses in the I3 General Industrial District, the district said properties are located within. 2533 & 2532 Oakton Street are located on the far west side of the city, just north of Oakton Street, off of a service drive that parallels the east side of the North Shore Channel. The properties are not located directly on Oakton Street, and are within the only I3 General Industrial District in the city. The properties are surrounded to the west by the Memorandum 400 of 608 North Shore Channel, north and south by the I3 District, which features business such as North Shore Towing and Ozinga Ready Mix Concrete, and the I1 Industrial/Office District to the east (buffered by nearly 200’ at the closest point that features a large detention area) where the outdoor center for Home Depot operates. The applicants plan to operate a facility that features two principal activities: landscape material sales, which is a permitted trade contractor use in the I3 District, and yard waste transfer. The combined operations will allow small landscape contractors with a location in the city where they can drop off yard waste such as grass clippings, branches, and trimmed greenery, and then purchase wholesale landscape materials in a one-stop shopping experience. The proposed site features ingress along the northwest side of the lot where trucks will enter the facility, drop off their landscape waste, pick up wholesale mulch or other aggregate materials, and then proceed through the egress on the southwest end of the lot. All yard waste will be transferred to an off-site recycling and composting facility. An Illinois EPA permit is required for the yard waste transfer and will limit the length of time such materials can be stored on site to 24 hours during the week and slightly longer on weekends. Because of the 24 hour limitation (which is also a listed regulation within the Zoning definition), the possibility of offensive odors emanating from the property due to the yard waste is minimal. For the duration the materials will remain on-site awaiting transfer, the yard waste will be treated with a misting deodorizer when necessary and will be kept covered. The applicants expect each landscape contractor will drop off 4-5 yards of waste per trip, which will be taken off-site in loads of 60-70 yards at a time to EPA- registered recycling and composting facilities outside the city such as Vernon Hills and Deerfield. Only “clean” yard waste material will be accepted for transfer since non- landscape materials such as garbage or polluted debris will not be allowed. Landscape materials that will be available for wholesale will be stored in outdoor concrete block storage bins. Portable grinders or chippers may be used incidentally when items such as large tree branches need to be mulched following a severe storm, but will not be a typical operation at the facility. The applicants anticipate the hours of operation to be 6:30am – 5pm Monday through Friday, 7am – 4pm Saturday, and optional operations on Sundays. The business will utilize 1-4 employees at a time, and anticipates 25-50 landscape contractors will visit the site daily during the non winter seasons for drop offs and/or purchases. The spring and summer seasons will be busiest since that is when most landscaping and yard maintenance occurs. The fall season will include leaf drop off, and the applicants anticipate incidental sale of bulk rock salt during the winter. The property is currently all concrete, and the natural grade does not incur drainage or ponding issues. Neighborhood Benefit As conditioned and regulated by the Illinois EPA, this use should not cause any type of negative cumulative effect on the surrounding neighborhood. The site in question is located in the I3 General Industrial District, which is the most intense industrial area of the 401 of 608 city. Surrounding businesses include North Shore Towing and Ozinga Ready Mix Concrete. The closest residential zoning district is more than 1000’ from the proposed Yard Waste Transfer Facility. This special use will put an operational business in what is currently a vacant site, and provide a needed service to local landscape contractors. Staff is not aware of objections from any neighboring properties. Comprehensive Plan The Evanston Comprehensive General Plan encourages redevelopment along existing industrial corridors that can add to the property tax base and utilize vacant spaces throughout the city. The Comprehensive Plan specifically includes: Goal: Retain and enhance a diversity of business, commercial, and industrial areas as desirable locations of economic activity. 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. This special use will allow a new business to utilize a space that currently vacant and provide a needed service to local landscape contractors. Legislative History June 18, 2013: The ZBA recommended the City Council approve the requested special use permit for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street with the following conditions: 1. The proposal must be in substantial compliance with the documents and testimony on record. 2. The use shall not operate before 7am or after 5pm on any Saturday or Sunday, or before 6:30am or after 6:30pm on any weekday. Attachments Proposed Ordinance 73-O-13 June 18, 2013 ZBA Draft Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 402 of 608 6/18/2013 73-O-13 AN ORDINANCE Granting a Special Use Permit for a Yard Waste Transfer Facility Located at 2535 Oakton Street in the I3 General Industrial Zoning District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on June 18, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0051, an application by J&S LLC (the “Applicant”), lessee of the property commonly known as 2535 Oakton Street (the “Subject Property”), legally described in Exhibit A, attached hereto and incorporated herein by reference, and located in the I3 General Industrial Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-14-4-3 of Title 6 of the Evanston City Code, 2012, as amended (the “Zoning Ordinance”), a Yard Waste Transfer Facility on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and findings that the application for a Yard Waste Transfer Facility met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of June 24, 2013, the City Council’s Planning and Development Committee (“P&D Committee”) considered and adopted the ZBA’s record and findings, and recommended City Council approval thereof; and WHEREAS, at its meetings of June 24 and July 8, 2013, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, 403 of 608 73-O-13 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Yard Waste Transfer Facility applied for in case no. 13ZMJV-0051. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation: The Applicant shall not operate the Special Use authorized by the terms of this ordinance before 7:00 a.m. or after 5:00 p.m. on any Saturday or Sunday, or before 6:30 a.m. or after 6:30 p.m. on any weekday. C. Loading: The Applicant shall not permit loading, off-loading, parking, staging, and/or stacking of material on the access drive to the Subject Property. D. Environmental Permits: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant must obtain all necessary permits from the Illinois and/or U.S. Environmental Protection Agencies. 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.” 404 of 608 73-O-13 ~3~ SECTION 5: 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 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 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:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 405 of 608 73-O-13 ~4~ EXHIBIT A Legal Description PARCEL 1 THAT PART OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING W EST OF THE W EST LINE OF LOT 1 OF ZERA SUBDIVISION NO. 1 OF PART OF THE SOUTHWEST ¼ OF SECTION 24 AND THE SOUTHEAST ¼ OF SECTION 23, ALL IN TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE W EST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 24, WITH THE W ESTERLY RIGHT-OF-WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD (NOW ABANDONED), SAID POINT BEING NORTH 2 DEGREES, 28 MINUTES, 13 SECONDS EAST, 3444.37 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 24; THENCE NORTH 2 DEGREES, 28 MINUTES, 13 SECONDS EAST, 109.43 FEET ALONG THE W EST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 24, FOR THE POINT OF BEGINNING; THENCE NORTH 11 DEGREES, 48 MINUTES, 22 SECONDS EAST, 189.03 FEET; THENCE NORTH 2 DEGREES, 34 MINUTES, 05 SECONDS EAST, 136.59 FEET; THENCE NORTH 13 DEGREES, 11 MINUTES, 36 SECONDS, 32 SECONDS WEST, 11.56 FEET TO A POINT ON THE W EST LINE OF THE SOUTHWEST ¼ OF SAID SECTION 24, SAID POINT BEING NORTH 2 DEGREES, 28 MINUTES, 13 SECONDS EAST, 430.41 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 2 DEGREES, 28 MINUTES, 13 SECONDS W EST, 430.31 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 2 THAT PART OF LOT 5 IN ZERA SUBDIVISION THREE OF PARTS OF THE SOUTHWEST ¼ OF SECTION 24 AND THE SOUTHEAST ¼ OF SECTION 23, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS LYING NORTHERLY OF A LINE DRAWN PARALLEL TO THE NORTHERLY LINE OF SAID LOT 5, FROM A POINT 220.0 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID LOT 5, IN COOK COUNTY, ILLINOIS. PINs: 10-24-300-042-0000 10-24-300-044-0000 COMMONLY KNOWN AS: 2535 Oakton Street, Evanston, Illinois. 406 of 608 DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, June 18, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Lori Summers, Scott Gingold, Matt Rodgers, Mary Beth Berns Members Absent: Beth McLennan, Clara Wineberg, Andrew Gallimore, Staff Present: Melissa Klotz, Dennis Marino Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:30pm. Approval of Minutes The minutes from the June 4, 2013 Zoning Board of Appeals meeting were motioned for approval by Mr. Rodgers and seconded by Mr. Gingold. The motion was approved 3-0 with 1 abstention. Unfinished Business 1108 Grant Street 13ZMJV-0044 Neil McCarthy and Lindsey Dold, property owners, apply for major zoning relief to demolish a roofed front porch and construct a larger roofed front porch. The applicants request a front yard setback of 22.5’ where 24.3’ is required and a sideyard setback of 2.2’ where 4.5’ is required for porches (yard obstructions) (Zoning Code Section 6-4-1-9-B-1), and impervious surface coverage of 47% where a maximum of 45 5 is allowed (Zoning Code Section 6-8-2-10-A). The Zoning Board of Appeals is the determining body for this case. Neil McCarthy explained his proposal: • Full length porch with roof • Extend to the edges of the house & 2’ further outward from the house • Currently, a landing exists • Submitted letters of support including adjacent neighbors Ms. Berns asked if the side yard setback created a hardship. She noted that architectural design is important and that more space is generally desired. Pulling the porch in by 3’ from the sides is possible, however, that would make the porch smaller than the second story of the house. Chris Thomas, neighbor and fellow architect, stated that the full porch will look better from an architectural standpoint. The porch will also create eyes on the street which will benefit neighborhood security. Mr. Rodgers asked how close the adjacent property is to the west. Chairman Summers replied that it looks like there is approximately 6’ between the two properties. Mr. Gingold reminded the board that the neighbor of that property signed a letter of support. Page 1 of 4 Zoning Board of Appeals 407 of 608 DRAFT NOT APPROVED Page 2 of 4 Zoning Board of Appeals The Zoning Board of Appeals then entered into deliberations: Ms. Berns stated that she did not find the variances to be necessary. Porches can be enclosed at a later date and the porch could be designed to meet the setback requirements. Mr. Gingold suggested that they could condition the variance so that the porch could not be enclosed at a later date. He also notes that the odd shape of the property does create a hardship for the property owner. Mr. Rodgers speculated that the property would look okay due to the 6’ separation between the two houses. He also stated that the hardship is the location of the home. Chairman Summers stated that she would like to get rid of the impervious surface coverage variance. Ms. Klotz noted that the variance is due to the substandard size of the lot. The porch would be easily compliant if the lot was of standard size, to which Mr. Gingold agreed. Ms. Berns voiced her concerns regarding the cumulative effect that could create flooding. Ms. Berns suggested that the sides of the porch could be brought in to the size of the dormers, which would improve the side yard setback and eliminate the impervious surface coverage issue. Mr. McCarthy stated that he could eliminate the walkway along the side of the yard, but realizes his neighbor uses it. Chairman Summers noted that currently the dimensions of the porch are 7’ x 26’. It is then proposed to pull the porch into the dormer width (column width) with the resulting dimensions of 7’x 24.5’. The Zoning Board of Appeals discussed the Standards as modified with the new dimensions, therefore, eliminating the impervious surface coverage issue. They concluded that all of the Standards had been met. Mr. Gingold motioned that the Zoning Board of Appeals recommend approval of the front and side yard setbacks with the following conditions: 1. Modify proposal to circumvent impervious surface coverage variance 2. Column width is not to exceed 2nd story dormer width. Mr. Rodgers seconded the motion and the motion was approved 4-0. New Business 2533 & 2532 Oakton Street J & S LLC, property owner, applies for a special use permit for a Yard Waste Transfer Facility at 2533 & 2532 Oakton Street. 2533 7 2532 Oakton Street are located in the I3 General industrial District, which requires a special use permit for Yard Waste Transfer Facilities to operate (Zoning Code Section 6-14-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read into the record. Al Maiden explained the proposal: • Text amendment to allow special use in an I3 district • Access off Oakton with no residential uses within the private drive • Meets special use standards 408 of 608 DRAFT NOT APPROVED Page 3 of 4 Zoning Board of Appeals • This use is much less intense than other permitted I3 district uses • Will provided a needed service in Evanston Scott Scholler and Jim Seckleman, applicants, spoke on behalf of this proposal. • Explained what the transfer use entails • Property west of the road is for truck overflow, so that if there is a backup of trucks in the busy season, the trucks won’t block the road Chairman Summers inquired about the site plan overlapping the property line on the east side. Mr. Scholler responded that the site was originally constructed that way and they intend to keep it as such. Chairman Summers also asked about adding block walls and suggested that legal address this issue prior to planning and development. Ms. Berns asked a series of questions to which the applicants answered: • How many trucks will there be per day during the busy season? o 25-50 trucks per day • Will the facility be open to homeowners? o No, only trade contractors. • Will there be deliveries? o Occasionally, maybe 5 a day with a small truck • Will you keep Sunday hours? o Might be open-depends on demand Mr. Gingold asked why the Yard Waste Transfer Facility does not allow composting onsite. Mr. Scholler replied that there is an odor associated with compost and it is a timely process. Mr. Marino commented that odor is a result of composting. This occurred with the City of Evanston’s leaf compost site near this property, just south of Oakton, about 15 years ago. Since there will not be any composting at this site, odor will be a nonissue. Chairman Summers asked about the hours of operation and how early the facility would be open on the weekends. Mr. Marino stated that this site is so isolated that there will not be impacts on any residential properties. Ms. Berns asked if a mulcher will be used on site. The applicants responded that there will be a mulcher, but it will not be run during the early morning hours. Mr. Rodgers inquired if the hours of 6:30 am- 6:30 pm Monday –Friday and 7 am- 5 pm on the weekends would be sufficient operating hours for the facility, to which the applicants answered yes. David Cole, North Shore Towing, voiced his concerns regarding rodents, the potential of people dumping in the area around there, traffic (easement is already busy in the spring), and the addition of 25-50 trucks per day is quite a lot. Ms. Berns asked Mr. Cole how many trucks North Shore towing accounted for in a day, to which he answered 50-100 trucks. The applicants stated that entry and exit gates will be locked closed when business is closed. Ms. Berns asked how many trucks could be serviced at once within the property. The applicants answered that the staging area along the north side with 2 rows that can load about 8 each. Large front end loaders are present on the property, as well, where 2 could load at a time. 409 of 608 DRAFT NOT APPROVED Page 4 of 4 Zoning Board of Appeals Rob Rodriguez, owner of lot south of site property, stated that he believes the road can handle the proposed traffic, but parking should not be allowed on either side of the road. The applicants also noted that employee parking will be located within the property near east side. Chairman Summers noted that the City’s Legal Council should look at the over-property line issue and address the need for an easement. The Zoning Board of Appeals then entered into deliberations: Mr. Gingold inquired whether they were required to obtain an EPA permit prior to granting the special use permit. Ms. Klotz answered no, because then they would be unable to get building permits, etc. The Zoning Board of Appeals discussed the Standards: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) N/A 8) Yes 9) Yes Mr. Rodgers motioned that the Zoning Board of Appeals recommend approval with the following conditions: 1. Hours of operation: 6:30 am- 6:30 pm, Monday- Friday 7:00 am- 5:00 pm, Saturday & Sunday 2. Loading/Off-loading/parking/staging/stacking of materials take place on the site. 3. Law Department must address legal issues regarding the portion that is over the property line. 4. All required EPA/IEPA permits required prior to operation. The motion was seconded by Mr. Gingold and approved 4-0. The meeting adjourned at 9:30 pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 410 of 608 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 June 18, 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-0051 Address or Location: 2533 & 2532 Oakton Street Applicant: J & S LLC Proposed Special Use: Yard Waste Transfer Facility 411 of 608 (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 use shall not operate before 7am or after 5pm on any Saturday or Sunday, or before 6:30am or after 6:30pm on any week day. 2) All loading, off-loading, parking, staging, and stacking of materials must occur on the property site and may not occur within the easement drive. 3) All necessary permits from the Illinois EPA are required prior to the operation of the use. 4) The proposal must be within substantial compliance with the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No ___X___ Mary Beth Berns __X__ ____ _______ Clara Wineberg _____ ____ ___X___ Scott Gingold __X__ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Lori Summers __X__ ____ _______ Andrew Gallimore _____ ____ 412 of 608 413 of 608 414 of 608 415 of 608 416 of 608 417 of 608 418 of 608 419 of 608 420 of 608 421 of 608 422 of 608 423 of 608 424 of 608 425 of 608 426 of 608 427 of 608 428 of 608 429 of 608 430 of 608 431 of 608 432 of 608 433 of 608 434 of 608 435 of 608 436 of 608 437 of 608 438 of 608 439 of 608 440 of 608 441 of 608 442 of 608 443 of 608 444 of 608 445 of 608 446 of 608 447 of 608 448 of 608 For City Council meeting of June 24, 2013 Item P8 Ordinance 59-O-13 Application for Special Use for a Type 2 Restaurant at 749 Chicago Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Susan Guderley, Neighborhood Planner, Planning and Zoning Division Subject: Ordinance 59-O-13 Granting a Special Use for a Type 2 Restaurant at 749 Chicago Avenue Date: May 30, 2013 Recommended Action City staff recommends the adoption of Ordinance 59-O-13 granting a special use permit for a Type 2 Restaurant at 749 Chicago Avenue called Dollop Coffee Co. & Hoosier Mama Pie Co. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals also recommends adoption of Ordinance 59-O-13 with conditions related to litter control, hours of operation and employee parking. This ordinance was introduced at the June 10, 2013 City Council meeting. Summary The applicant proposes to open a Type 2 restaurant in a portion of the ground floor retail space within the 5-story, mixed-use building currently under construction at 631-749 Chicago Avenue. This property is being developed pursuant to a special use permit for a planned development, approved by Council on December 8, 2008. The approved PD calls for 8,400 square feet of ground floor commercial space, 214 dwelling units and a total of 312 parking spaces. The applicant’s proposal applies to the two, northernmost storefronts (approximately 2,600 square feet), which have frontage on both Chicago Avenue and a small pedestrian plaza located on the southeast corner of Chicago Avenue and Kedzie Street. This would be the first commercial tenant for the building; AMLI, the building’s owner, continues to solicit others for the remainder of the storefront space. The preliminary store layout shows customer access from both Chicago Avenue and Kedzie Street. The storefront also has a rear entrance leading to the building’s parking garage and loading dock area and will be used for waste removal and most deliveries. Memorandum 449 of 608 Outdoor seating in the plaza area is also anticipated but its final layout is pending completion of the construction activities. This area is private property, not part of the public right-of-way or streetscape and, therefore, will not require a sidewalk café permit. Customers will be served from a counter both for food and drink; wait service will not be provided inside or outside the restaurant. The eat-in area will accommodate approximately 20 tables. Food and drink will be served using either reusable or disposable tableware, depending upon whether the customer is dining in or taking it “to go”. The applicants wish to be open to serve breakfast through dinner. The menu will feature a selection of coffees, both dessert and savory pies, other pastries, cheese plates, and possibly beer and wine. Off-street customer parking for the building’s ground floor commercial spaces is addressed by the PD site plan. It shows 24 spaces for this purpose in an internal, ground floor motor court, with vehicular access via Chicago Avenue. Additionally, there is on-street, 2-hour metered parking on both sides of Chicago Avenue , north of the subject site, and 2-hour metered and unmetered parking along Kedzie . Metered parking on the east side of Chicago, directly in front of the AMLI building, has been stripped during construction but will be replaced upon completion of the streetscape work. The applicant anticipates no more than six employees working at one time, depending on the time of day. Based upon their store operations at other locations in Chicago, the applicants expect that the substantial majority of their employees will arrive by public transportation. Metra and CTA stations are both within a 2-block walking distance of the subject property and there is a CTA bus stop in front. There is a high demand for on- street parking in this area because so much of the area’s housing stock was constructed prior to parking requirements. There are three city-owned surface lots in the area: two on Hinman, just south of Main, and one on South Boulevard, at Hinman. Parking permits for the first two are reserved only for residents of local condos and apartments and both have permit waiting lists. One of these lots also includes nine, 24-hour, metered spaces. However, the lot on South Boulevard is not reserved for local residents and currently has 23 permitted spaces available. The subject property is zoned C1a, Commercial Mixed-Use District, as are properties to the west, north and south, along Chicago Avenue. This area is developed with commercial and mixed-use structures, which contain a wide range of retail and service businesses, offices and both Type 1 and Type 2 restaurants. To the east and northeast of the subject property, respectively, the zoning is R5 and R6, General Residential. This area contains a mix of multi-family buildings, ranging from 3-story, vintage walk-ups to 8- story, elevator buildings. Staff has not received any public comments or letters of concern related to this request. 450 of 608 Neighborhood Benefit The proposed use would be the initial tenant of a new, mixed use development and anchor a key ground floor space. It is compatible with the existing mix of commercial and residential uses in this neighborhood and will not result in any negative cumulative effect upon surrounding properties. Further, the proposed café style operation is particularly well-suited to this storefront space and is a use envisioned during the neighborhood charette AMLI sponsored in the development of the corner plaza design. Comprehensive Plan The Evanston Comprehensive General Plan’s Land Use Map designates this area as Retail and Mixed Use. The plan also identifies the area as within the Chicago Avenue commercial corridor and notes that its zoning allows for increased residential and ground floor commercial activity to take advantage of access to public transportation. Legislative History May 7, 2013: By a vote of 4-0, the Zoning Board of Appeals voted to recommend approval of this request with the following conditions: 1) Implementation of the Litter Collection and Garbage Pickup Plans. 2) Hours of operation are limited to 6am – 10pm weekdays and 6 am-11 pm weekends. 3) Employees may not park on residential streets. Attachments Proposed Ordinance 59-O-13 May 7, 2013 ZBA Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 451 of 608 5/28/2013 59-O-13 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 749 Chicago Avenue in the C1a Commercial Mixed Use Zoning District (“Dollop Coffee Co. & Hoosier Mama Pie Co.”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on May 7, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0030, an application filed by Dollop Coffee Co. & Hoosier Mama Pie Co., lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 749 Chicago Avenue (the “Subject Property”) and located in the C1a Commercial Mixed Use Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-10-3- 3 of Title 6 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Dollop Coffee Co. & Hoosier Mama Pie Co.,” 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 June 10, 2013, 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-0030; and 452 of 608 59-O-13 ~2~ WHEREAS, at its meetings of June 10 and June 24, 2013, 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 Type 2 Restaurant on the Subject Property as applied for in case no. 13ZMJV- 0030. 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. 453 of 608 59-O-13 ~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 before 6:00 a.m. or after 11:00 p.m. on any Friday or Saturday, and before 6:00 a.m. or after 10:00 on any other day. E. Employee Parking: When driving to work at the Type 2 Restaurant authorized hereby this ordinance, the Applicant and its employees shall not park in any on- street parking spaces. 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: 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: 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. 454 of 608 59-O-13 ~4~ 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. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 455 of 608 59-O-13 ~5~ EXHIBIT A Legal Description PARCEL 1 LOTS 3,4,5 AND 6 (EXCEPT THAT PART OF LOT 5 LYING EAST OF THE W EST 88.25 FEET OF SAID LOT 5) IN BLOCK 2 IN KEDZIE AND KEENEY’S ADDITION TO EVANSTON, IN SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 2 LOTS 7 AND 8 IN BLOCK 2 IN KEDZIE AND KEENEY’S ADDITION TO EVANSTON IN THE SOUTHEAST ¼ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PARCEL 3 LOT 1 AND 2 IN BLOCK 2 IN KEDZIE AND KENNEY’S ADDITION TO EVANSTON, A SUBDIVISION IN THE SOUTHEAST ¼ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS (PURSUANT TO CHICAGO TITLE INSURANCE COMPANY TITLE COMMITMENT 1401 008426402 01 EFFECTIVELY DATE OCTOBER 27, 2008). PARCEL 4 LOTS 9 AND 10 IN BLOCK 2, IN KEDZIE & KEENEY’S ADDITION TO EVANSTON A SUBDIVISION OF PART OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTHEAST ¼ OF SECTION 19 TOWNSHIP 41 NORTH RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY ILLINOIS. PINs: 11-19-407-001-0000 11-19-407-002-0000 11-19-407-003-0000 11-19-407-005-0000 11-19-407-021-0000 11-19-407-023-0000 11-19-407-027-8001 11-19-407-027-8002 COMMONLY KNOWN AS: 749 Chicago Avenue, Evanston, Illinois. 456 of 608 APPROVED Page 1 of 3 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, May 7, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Andrew Gallimore, Matt Rodgers, Lori Summers, Beth McLennan Members Absent: Mary Beth Berns, Scott Gingold, Clara Wineberg Staff Present: Melissa Klotz, Susan Guderley, Dennis Marino, Ken Cox Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:35pm. New Business 1428 Main Street ZBA 13ZMJV-0029 Jonathan Heck, property owner, applies for major zoning relief to retain an illegally located playhouse. The applicant requests a side yard setback of 2’ where 5’ is required (Zoning Code Section 6-4-6-3-B-23). The Zoning Board of Appeals is the determining body for this case. Applicant Jonathan Heck explained the proposal: • Was unaware of 5’ setback regulation • Feels regulation is unfairly implemented • Playhouse cannot be moved without a crane or being taken apart Rebecca Grobel, immediate neighbor, noted: • The distance to the property line appears to be less than 2’ • Submitted 4 photos showing the size, height, and written message on the playhouse • Disrupts privacy of her home and patio that is near by • There is no hardship • Discussed concerns about the placement with Mr. Heck when he first started building the playhouse The Zoning Board entered into Deliberations: Chairman Summers noted that at this point, the options are to leave it where it is, or saw it off at the base to move it. Ms. McLennan noted that she is sympathetic regarding the difficulty of moving the structure, but there is no hardship for the location. She also noted that selective enforcement is not an issue because the City cannot feasibly patrol everything, she is disappointed in the message that was written on the playhouse directed at the neighbor, and she feels the community has a responsibility to know or find out the regulations before they construct something. The Standards were then addressed: 1) No - The height and elevated noise would adversely affect the neighbor due to the close proximity of the playhouse. 2) No 3) No 457 of 608 APPROVED Page 2 of 3 Zoning Board of Appeals 4) No – The applicant created the hardship by completing the construction after being notified of the location issue. 5) Yes 6) No 7) No Mr. Rodgers motioned to deny the variance, which was seconded by Ms. McLennan. The motion for denial was approved 4-0. 749 Chicago Avenue ZBA 13ZMJV-0030 Dan Weiss, lessee, applies for a special use permit for a Type 2 Restaurant, Dollop Coffee Co. & Hoosier Mama Pie Co., at 749 Chicago Avenue. 749 Chicago Avenue is located in the C1a Commercial Mixed Use District, which requires a special use permit for Type 2 Restaurants to operate (Zoning Code Section 6-10-3-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Applicants Dan Weiss and Paula Haney explained the proposal: • Dollop currently has 3 locations and Hoosier Mama has one • This will be a hybrid coffee and pie shop • Approximately 8 employees per shift • Pies will be baked on site and will feature sweet and savory pies • There is an alley with a loading dock • Small deliveries from farmer’s markets will arrive daily by van • The largest delivery vehicle will be a 14’ dairy truck • There is no employee parking on-site Chairman Summers explained the Litter Collection Plan as it would be a condition of the special use. Mr. Marino noted employees who drive should be encouraged to lease parking off-site and be discouraged from parking on residential streets. The building has parking available for retail customers. Steve Ross, developer of the AMLI building at the site explained: • The entire development features a 1.33 parking ratio • Want the retail parking spaces to be available for customers, not employees • The proposed use is consistent with the vision of what types of uses are wanted in the AMLI development. The Zoning Board entered into Deliberations: Chairman Summers suggested limiting the hours of operation to 6am-10pm. Mr. Rodgers noted that the Firehouse restaurant operates until 10pm during the week and 11pm on weekends. The Standards were then discussed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes 8) Yes 9) Yes 458 of 608 APPROVED Page 3 of 3 Zoning Board of Appeals Mr. Rodgers motioned to recommend approval of the special use with the following conditions: 1) Implementation of the Litter Collection & Garbage Pickup Plans. 2) Hours of operation 6am-10pm weekdays and 6am-11pm weekends. 3) Employees may not park on residential streets. Ms. McLennan seconded the motion, which was approved 4-0. The meeting adjourned at 8:45pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 459 of 608 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 May 7, 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-0030 Address or Location: 749 Chicago Avenue Applicant: Dan Weiss Proposed Special Use: Type 2 Restaurant – Dollop Coffee Co. & Hoosier Mama Pie Co 460 of 608 (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) Implementation of the Litter Collection & Garbage Pickup Plans. 2) Hours of operation 6am-10pm weekdays and 6am-11pm weekends. 3) Employees may not park on residential streets. _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ _______ Clara Wineberg _____ ____ _______ Scott Gingold _____ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Lori Summers __X__ ____ ___X___ Andrew Gallimore __X__ ____ 461 of 608 To: Members of the Zoning Board of Appeals From: Dennis Marino, Manager, Zoning and Planning Division Susan Guderley, Neighborhood Planner Subject: 749 Chicago Avenue Special Use, 13ZMJV-0030 ZBA Recommending Body; City Council Determining Body Date: May 7, 2013 Notice- Published in the April 18, 2013 Evanston Review: Dan Weiss, lessee, applies for a special use permit for a Type 2 Restaurant, Dollop Coffee Co. & Hoosier Mama Pie Co., at 749 Chicago Avenue. 749 Chicago is located in the C1a Commercial Mixed Use District, which requires a special use permit for Type 2 Restaurants to operate (Zoning Code Section 6-10-3-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Recommendation City staff recommends that the Zoning Board of Appeals recommend approval of this request for a special use permit for a Type 2 Restaurant, Dollop Coffee Co. & Hoosier Mama Pie Co. The applicant will comply with all zoning requirements, and meets all of the standards of a special use for this district. SPAARC also voted unanimously to recommend approval. Site/Proposal Background The applicant proposes to open a Type 2 restaurant in a portion of the ground floor retail space within the 5-story, mixed-use building currently under construction at 631- 749 Chicago Avenue. This property is being developed pursuant to a special use permit for a planned development, approved by Council on December 8, 2008. The approved PD calls for 8,400 square feet of ground floor commercial space, 214 dwelling units and a total of 312 parking spaces. The applicant’s proposal applies to the two, northernmost storefronts (approximately 2,600 square feet), which have frontage on both Chicago Avenue and a small pedestrian plaza located on the southeast corner of Chicago Avenue and Kedzie Street. This would be the first commercial tenant for the building; AMLI, the building’s owner, continues to solicit others for the remainder of the storefront space. Memorandum 462 of 608 The preliminary store layout shows customer access from both Chicago Avenue and Kedzie Street. The storefront also has a rear entrance leading to the building’s parking garage and loading dock area and will be used for waste removal and most deliveries. Outdoor seating in the plaza area is also anticipated but its final layout is pending completion of the construction activities. This area is private property, not part of the public right-of-way or streetscape and, therefore, will not require a sidewalk café permit. Customers will be served from a counter both for food and drink; wait service will not be provided inside or outside the restaurant. The eat-in area will accommodate approximately 20 tables. Food and drink will be served using either reusable or disposable tableware, depending upon whether the customer is dining in or taking it “to go”. The applicants now estimate that their hours of operation will extend from 6:00 a.m. to 9:00 p.m., but these may be adjusted based upon their actual business traffic. The menu will feature a selection of coffees, both dessert and savory pies, other pastries, cheese plates, and possibly beer and wine. Off-street customer parking for the building’s ground floor commercial spaces is addressed by the PD site plan. It shows 24 spaces for this purpose in an internal, ground floor motor court, with vehicular access via Chicago Avenue. To the north, there is on-street, 2-hour metered parking on both sides of Chicago Avenue. Metered parking on the east side of Chicago in front of the AMLI building has been stripped during construction but will be replaced upon completion of the streetscape work. On the north side of the subject property, there is also 2-hour, metered and unmetered parking along Kedzie Street. The applicant anticipates no more than six employees working at one time, depending on the time of day. Based upon their store operations at other locations in Chicago, the applicants expect that the majority of their employees will arrive by public transportation. Metra and CTA stations are both within a 2-block walking distance of the subject property and there is a CTA bus stop in front. There is a high demand for on-street parking in this area because so much of the area’s housing stock was constructed prior to parking requirements. There are three city-owned surface lots in the area: two on Hinman, just south of Main, and one on South Boulevard, at Hinman. Parking permits for the first two are reserved only for residents of local condos and apartments and both have permit waiting lists. One of these lots also includes nine, 24-hour, metered spaces. However, the lot on South Boulevard is not reserved for local residents and currently has 23 permitted spaces available. Also, AMLI has provided the full amount of parking required by the zoning ordinance for the building’s residential units and will consider making any unused spaces available for business tenants. The subject property is zoned C1a, Commercial Mixed-Use District, as are properties to the west, north and south, along Chicago Avenue. This area is developed with commercial and mixed-use structures, which contain a wide range of retail and service businesses, offices and both Type 1 and Type 2 restaurants. To the east and northeast of the subject property, respectively, the zoning is R5 and R6, General Residential. This area contains a mix of multi-family buildings, ranging from 3-story, vintage walk-ups to 8-story, elevator buildings. 463 of 608 The Evanston Comprehensive General Plan’s Land Use Map designates this area as Retail and Mixed Use. The plan also identifies the area as within the Chicago Avenue commercial corridor and notes that its zoning allows for increased residential and ground floor commercial activity to take advantage of access to public transportation. The applicant is aware of and has no objection to the Litter Collection Plan that is typically a condition of Type 2 Restaurants. The proposed use would be the initial tenant of a new, mixed use development and anchor a key ground floor space. It is compatible with the existing mix of commercial and residential uses in this neighborhood and will not result in any negative cumulative effect upon surrounding properties. Type 2 Restaurants capitalize upon and serve commuters living, working or traveling through this transit-oriented corridor. Further, the café style operation is particularly well-suited to this storefront space and is a use envisioned by the corner plaza design. Conditions to consider for this specific location include: 1. Litter Collection Plan 2. Hours of operation 3. Off-street parking for employees Staff is not aware of objections from any neighboring properties. Ordinances Identified for Requested Relief: 6-10-3-3: SPECIAL USES: The following uses may be allowed in the C1a district, subject to the provisions set forth in section 6-3-5, of this title: Restaurant – Type 2 (among others listed) Site Plan and Appearance Review Committee (SPAARC) Discussion and Recommendation: Committee members found that the proposed special use appeared suitable for this location and will not have a detrimental effect on the area. 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; 464 of 608 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 April 9, 2013 Zoning Analysis Plat of Survey – October 8, 2010 Site Plan Store layout plans Property photos Aerial View of Property Zoning Map SPAARC Meeting Minutes – April 24, 2013 465 of 608 466 of 608 467 of 608 468 of 608 469 of 608 470 of 608 471 of 608 472 of 608 473 of 608 474 of 608 475 of 608 476 of 608 477 of 608 478 of 608 479 of 608 working draft Dollop Hoosier Evanston leisendesign paul@leisendesign.com 563-845-6691RR2 Base Floor Plan for Dollop Hoosier Evanston Underlying DWG provided by AMLI Draft Floor Plan leisendesign Doors remain as built pie kitchen pie service RR1 RR2 customer seating coffee service 480 of 608 481 of 608 482 of 608 Aerial View - 749 Chicago Avenue DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:2,371 Made with Evanston's GIS Printed: Apr 25, 2013 11:32:51 AM483 of 608 Current Zoning - 749 Chicago DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:2,371 Made with Evanston's GIS Printed: Apr 25, 2013 11:31:18 AM484 of 608 APPROVED SITE PLAN AND APPEARANCE REVIEW COMMITTEE (SPAARC) MINUTES April 24, 2013 Members Present: J. Cory, P. D’Agostino, I. Eckersberg, W. Hallen, M. Klotz, D. Marino, J. Nelson, C. Ruiz, Staff Present: E. Golden, S. Guderley, B. Newman Presiding Member: W. Hallen A quorum being present, Chair Hallen called the meeting to order at 2:27 p.m. New Business: 1) 1428 Main Street Recommendation to ZBA Request for a major variance for a side yard setback of 2’ where 5’ is required to retain an existing playhouse. APPLICATION PRESENTED BY: Jonathan Heck Property Owner GENERAL DISCUSSION: Mr. Heck presented photos of his playhouse and several playhouses in the vicinity of his. The following issues were discussed: • Mr. Heck built a playhouse with his children, ages 6,8 and 9, to teach them how to build • Neighbor complained that the tree house was too close to the property line; Mr. Heck said he believes the neighbor his angry because he does not let his children play under his supervision • The Committee commented that the construction of the playhouse was excellent • Mr. Heck commented that the zoning laws do not seem to be enforced unless someone complains • Zoning inspectors told him there was no problem with his tree house after the first complaint; the neighbor made a second complaint • Mr. Heck said every other neighbor within sight of his playhouse approves of it including the condo residents behind his home that overlook it • Major variance is required for rear and side setbacks; affixed structures must be 3’ from the property line; his is 12” under the required setback • Mr. Heck’s yard is 35’ X 167’; the rear is 53’ wide. He chose the location because he wanted room to throw a ball; when he looked at other playhouses it seemed to him that 2’ was a generous allowance compared to them • It would cost well over $1,500 to move the playhouse • Mr. Heck has signed a petition that says he will take the playhouse down in 2017. • Chair Hallen said he thinks the Committee should recommend approval as Mr. Heck has put much effort into research, approval and trying to be congenial to neighbors including a date to de-construct it SPAARC Meeting Notes – April 24, 2013 Page 1 of 3 485 of 608 • Dennis Marino said the ZBA is the proper forum for this issue to be worked out based on the notice for neighbors to attend, etc. and is not comfortable pre-empting their decision, adding that they are objective in their deliberations Mr. D’Agostino moved to recommend approval, seconded by Mr. Cory. The Committee voted 5-1 with Mr. Marino opposed and (2) Melissa Klotz and Carlos Ruiz abstaining, to recommend approval of the major variance. Mr. Heck asked how the laws are implemented and asked whether it is whether a neighbor complains or the will of the law. He noted that he has photos of over 70 tree forts of people who have not gone through this process. He said it is not fair and it is not good for the community. The issue will be heard at the May 7th, 2013 Zoning Board of Appeals meeting. 2) 749 Chicago Avenue Recommendation to ZBA Dan Weiss submits for a special use permit for a Type 2 Restaurant, Dollop Coffee Co. & Hoosier Mama Pie Co. at 749 Chicago Avenue. APPLICATION PRESENTED BY: Dan Weiss Owner, Dollop Coffee Co. Paula Haney Owner, Hoosier Mama Pie Company GENERAL DISCUSSION: Mr. Weiss explained that he and Ms. Haney plan to combine their products into one store, next to the outdoor plaza in the AMLI residential rental building. The following issues were discussed: • Propose: o A 2,600 sq. ft., Type 2 restaurant with public restrooms o Hours of operation: approximately 6-7 a.m. until 9:00 p.m., as dictated by business o Deliveries through parking structure o Most purveyors are small: farmers and a dairy company; 1 or 2 t5rucks would load at Kedzie o Trash to be collected from a dumpster in the parking facility, directly out the back door o Seating at a long bar; and 15-20 tables; mostly carryout business; no table service o Propose to serve a variety of coffees and pies, beer and wine o Estimate 20 employees full and part time including 5-6 bakers at a time, and 1 person cleaning, (approximately 8 at any once) for the pie shop and 3 people for the coffee shop o Parking: open free parking for retail; employees will be discouraged from driving; public parking on Hinman and on South Blvd. o Mr. Marino noted that the employees should definitely not park at meters or metered lots o Catering: the pie shop does some wedding business o Entrances: one on Chicago Ave., one on Kedzie and one into the garage o Plaza is considered private property so pie shop can put seating there without City approval Mr. Marino moved to recommend approval seconded by Mr. D’Agostino. The Committee voted unanimously 8-0 to recommend approval of the Type 2 permit. SPAARC Meeting Notes – April 24, 2013 Page 2 of 3 486 of 608 Other Business: APPROVAL OF MEETING NOTES FROM: April 17, 2013 Mr. Cory moved approval of the minutes of the 4/17/13 SPAARC meeting, seconded by Mr. Nelson. The Committee voted 7-0 with 1 abstaining to approve the minutes of the 4/17/13 SPAARC meeting. The meeting adjourned at 2:50 p.m. The next regular SPAARC meeting is scheduled for WEDNESDAY, May 1 2013, at 2:30 p.m. in Room 2404 of the Lorraine H. Morton Civic Center. Respectfully submitted, Bobbie Newman SPAARC Meeting Notes – April 24, 2013 Page 3 of 3 487 of 608 For City Council meeting of June 24, 2013 Item P9 Ordinance 60-O-13 Application for Special Use for Bed and Breakfast Establishment at 1622 Forest Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Wally Bobkiewicz, City Manager Dennis Marino, Manager, Planning and Zoning Division Susan Guderley, Neighborhood Planner, Planning and Zoning Division Subject: Ordinance 60-O-13 Granting a Special Use for a Bed & Breakfast Establishment at 1622 Forest Avenue Date: May 30, 2013 Recommended Action Staff recommends consideration of Ordinance 60-O-13 granting a special use permit for the operation of a Bed and Breakfast Establishment at 1622 Forest Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use in this District. The Zoning Board of Appeals recommends denial of this request. A motion to recommend approval at ZBA failed by a 2-4 vote. Members’ findings concluded that the application met 7 of the 9 standards for a special use, but it did not meet 2 of the 9 standards (consistency with the policies of the comprehensive plan (3-3 vote) and cumulative effect of special uses (2-4 vote). By a vote of 6-0, the Evanston Preservation Commission recommends approval of the Special Use and has also approved the issuance of a Certificate of Appropriateness for the restoration of the principal house, the demolition of the existing coach house and construction of the new coach house. This ordinance was introduced at the June 10, 2013 City Council meeting. Summary Patriot Park LLC, property owner, applies for a special use for a bed and breakfast establishment at 1622 Forest Avenue. The subject property is developed with a 3-story, single-family detached home and a rear coach house on a 22,428 square foot parcel. The rear coach house is used as a garage with a second floor rental unit. This property is both an Evanston landmark and located within the Evanston Lakeshore Historic District. The applicant proposes to remodel this home for use as a five guest-room bed and breakfast establishment. Planned interior and exterior renovations include: the addition of an elevator on the north side of the building; addition of a stone terrace on the southwest corner of the house; installation of a new paved ramp; depression of grade on the south elevation to allow for a basement exit and windows; addition of half-timbering to the west Memorandum 488 of 608 and north elevations to match existing east and south elevations; renovation of existing and addition of new bathrooms; restoration and renovation of the bedrooms; and the conversion of the third floor into a separate suite, where one of the owners shall reside. There will be no substantial changes to its footprint or building envelope. In addition, the applicant proposes to demolish the existing coach house and replace it with a new structure of comparable size and appearance. Its first floor will be used for reserved, enclosed parking (6 spaces) for the use of guests and the resident owner. The second floor of the coach house will continue to be rented to a tenant and will not be available for use or rent by guests of the B&B. Additional space for parking is provided by the driveway and paved apron in front of the coach house; it is anticipated that both will be used for deliveries, maintenance and service providers, and the accessory unit’s tenant. Another request for a Special Use Permit to establish a bed and breakfast at 300 Church Street by Evergreen Manor LLC was granted by City Council in November 2011. That site is approximately 90’ north of the subject property, separated by one single family property. That project was recommended for denial by the ZBA, but approved by Council with conditions. The conditions include: tying the permit to the original owner/operator rather than the subject parcel; prohibiting the creation of a basement kitchen; prohibiting the use of the accessory apartment by the B&B; and leasing of additional parking spaces to serve guests. The City’s Law Department has determined that the ownership of both 300 Church and the subject property meet the requirements of the Zoning Ordinance. One of th e beneficiaries/owners of the LLC will be the owner operator of the proposed bed and breakfast and will reside in the house at 1622 Forest Place, as required. The surrounding neighborhood is composed of single family housing and City park space and recreational areas. All of the other properties within the same block as the subject property are single family homes; this includes 300 Church, which remains under rehabilitation and is not yet a functioning B&B. The subject property is zoned R1, which extends at least one block to the west, north and south. This area is composed of single- family homes, with the exception of Northwestern University’s School of Continuing Education (405 Church) and its adjacent parking lot. Immediately to the east, across Forest Avenue, the area is zoned OS Open space and is occupied by the City’s Centennial and Patriot Parks and Clark Street Beach. Neighborhood Benefit This special use will allow a new use for an historic structure that is currently vacant and in a deteriorated condition. The proposed interior and exterior renovation will result in the extended life and adaptive reuse of a landmark property in the Lakefront Historic District . Staff has received one email from neighbors who support this request and four letters and one email from neighbors objecting to it. The ZBA also heard oral testimony from neighbors in objection on both April 2 and April 24, 2013. 489 of 608 Comprehensive Plan Two goals of the Evanston Comprehensive General Plan are to enhance existing assets of neighborhoods in recognition that each contributes to Evanston’s social and economic quality and to identify and preserve the City’s historic heritage for the benefit of both current and future residents. The Comprehensive Plan specifically includes: Objective: Maintain the appealing character of Evanston’s neighborhoods while guiding their change. Policy/Action: Encourage creative adaptive reuse of properties available for redevelopment using zoning standards and the Site Plan and Appearance Review process to protect historic character. Objective: Promote Evanston’s reputation as a community where historic preservation is a vital part of the community’s identity. Policy/Action: Identify historical and cultural resources for their potential in the enhancement of Evanston as a regional tourism destination. Objective: Develop and promote economic incentives for historic preservation. Legislative History December 18, 2012 By a vote of 6-0, the Preservation Commission voted to approve the demolition of the existing coach house at 1622 Forest Place in that the standards for review of demolition apply. March 19, 2013 By a vote of 6-0, the Preservation Commission voted to recommend to City Council approval of the special use for the bed and breakfast as it meets standards AC for special use/variations. April 23, 2013: By a vote of 2-4, the Zoning Board of Appeals failed to pass a motion to recommend approval of this request. Attachments Proposed Ordinance 60-O-13 ZBA Meeting Minutes of April 2 and April 23, 2013 ZBA Findings Staff memo to the ZBA ZBA Application Packet ZBA Meeting Exhibits Public Comments Preservation Commission Minutes of October 16, 2012, November 20, 2012, December 18, 2012, and March 19, 2013 Memo from Southeast Evanston Association 490 of 608 5/29/2013 60-O-13 AN ORDINANCE Granting a Special Use Permit for a Bed and Breakfast Establishment Located at 1622 Forest Place in the R1 Single-Family Residential Zoning District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on April 2 and April 23, 2013, pursuant to proper notice, to consider case no. 13ZMJV-0017, an application filed by Patriot Park, LLC (the “Applicant”), owner of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1622 Forest Place (the “Subject Property”) and located in the R1 Single-Family Residential Zoning District (“R1 District”), for a Special Use Permit to establish, pursuant to Section 6-4-7 and Subsection 6-8-2-4 of Title 6 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Bed and Breakfast Establishment (“B&B”) 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 B&B did not meet the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council deny the application; and WHEREAS, at its meeting of June 10, 2013, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council reject the ZBA’s recommendation and instead approve the application in case no. 13ZMJV-0017; and 491 of 608 60-O-13 ~2~ WHEREAS, at its meetings of June 10 and June 24, 2013, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, and adopted those of the 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 B&B on the Subject Property as applied for in case no. 13ZMJV-0017. 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. Commercial Trash Collection: The Applicant shall enter into a contract with the City’s municipal solid waste service franchisee for trash collection as often as may be required to prevent a nuisance or a threat to public health, welfare and safety, but in no event shall such service be less than three (3) times each week. C. No Third Floor Kitchen: The Applicant shall not install cooking facilities on the third floor of the Subject Property. D. Coach House Occupancy Restricted: Pursuant to Subsection 6-4-7-(B) of the Zoning Ordinance, the coach house on the Subject Property shall not be used as living quarters for guests of the B&B authorized by the terms of this ordinance. Any lease of said coach house shall be for a term no shorter than one (1) year. 492 of 608 60-O-13 ~3~ E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2013 Adopted:___________________, 2013 Approved: __________________________, 2013 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 493 of 608 60-O-13 ~4~ EXHIBIT A Legal Description LOT 13 (EXCEPT THE SOUTH 34 FEET THEREOF), AND ALL OF LOT 14 AND THE SOUTH 14 FEET OF LOT 15 IN BLOCK 22 IN THE VILLAGE OF EVANSTON, IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PIN: 11-18-405-013-0000 COMMONLY KNOWN AS: 1622 Forest Place, Evanston, Illinois. 494 of 608 APPROVED Page 1 of 4 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, April 2, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Andrew Gallimore, Matt Rodgers, Lori Summers, Beth McLennan, Mary Beth Berns, Scott Gingold Members Absent: Clara Wineberg Staff Present: Melissa Klotz, Susan Guderley, Dennis Marino Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:40pm. Unfinished Business 1826 Lyons Street ZBA 13ZMJV-0005 Ricardo Soto, property owner, applies for major zoning relief to retain 3 dwelling units on one property. The applicant requests to retain 3 dwelling units on a lot with a total size of 3,823.3 square feet where 2,500 square feet per dwelling unit is required for a total required lot size of 7,500 square feet (Zoning Code Section 6-8-5-4-C). The Zoning Board of Appeals is the determining body for this case. The applicant’s representative, Liz Soto, explained that her family purchased the property as a 3 unit home 10 years ago. The applicant’s father lives in the basement unit, the applicant’s family lives on the first floor, and Ms. Soto’s family lives on the second floor. Ms. Klotz explained that each floor is considered a separate dwelling unit because there is a full kitchen on each floor. Ms. Soto noted that each unit has its own gas and water meter as well. Chairman Summers noted the old MLS listing included as a ZBA packet supplement lists the property as a 2 unit with an in-law unit that generates rental income in the basement. Chairman Summers noted that the representation of the property in the MLS listing could be a hardship. Ms. Berns felt an incorrect MLS listing should not constitute a hardship. Mr. Gingold asked staff to explain the recommended condition of how the basement unit could be removed when the Soto’s leave the property, and how a covenant to do so would work. Ms. Klotz explained that when the property is no longer utilized by the Soto’s, a covenant recorded with Cook County could require that the kitchen in the basement unit be removed so that the property would qualify as 2-units instead of 3, and the basement could not be rented out by future owners. A nearby resident of the Soto’s noted that the basement was used as its own unit prior to the Soto’s purchase of the property. Carlos Sutton, President of the Block Club Community Alliance, noted that the property has been 3 units since at least the 1960s. The Zoning Board then entered into Deliberation: • Mr. Gallimore noted that the property is listed as 3 units on the City’s “About My Place” website. 495 of 608 APPROVED Page 2 of 4 Zoning Board of Appeals • Ms. McLennan noted the homeowners may face a financial hardship if the covenant is implemented when the Sotos sell the property. The Zoning Board re-opened the record: Mr. Gingold asked Ms. Soto is she was aware of the building code issues that would have to be resolved, such as the need for an egress window in the basement, and she replied yes, they are willing to address the code issues. Mr. Gingold then asked if the variance affects the parking requirement, and Ms. Klotz explained that it does not because the square footage of the livable space on the lot is not changing. The 3 spaces on the lot are currently not accessible because a portion of the driveway that leads to them was removed at some point, so the ZBA could require that portion of the driveway to be reinstated so that the 3 existing parking spaces could be accessed. The Zoning Board then returned to Deliberation: • Ms. Berns asked what constitutes the removal of a kitchen, and Ms. Klotz explained the stove hookups must be capped off in the wall and the sink must be removed. • Ms. Summers asked the ZBA members if this situation warranted granting the variance for the current property owner but not allowing the variance to transfer when new owners take over the property. Members felt the approval should continue if ownership is transferred to other family members, but not continue if the property is sold. The Standards were then discussed: 1) yes 2) yes 3) yes No – Ms. Berns and Mr. Rodgers felt the hardship was specific to the family, not the property. Professionals who were involved during the purchase did not do their due diligence. 4) yes 5) yes 6) yes 7) yes Mr. Gingold motioned for approval of the variance with conditions, and Ms. McLennan seconded the motion: 1) All life safety issues must be addressed including a proper egress window in the basement unit. 2) All units must be occupied by the Soto families or else the basement unit must be removed. 3) The basement unit shall have a covenant recorded with Cook County that states the property shall only be sold as a 2-unit, and the basement unit, 3rd gas and water meters must be removed prior to the sale or as a condition of the sale. 4) City staff will work with the applicant to make the aforementioned covenant. The motion was approved 4-2, with Ms. Berns and Mr. Rodgers voting to deny. 1202 Sherman Avenue ZBA 13ZMJV-0007 Senthil Rajarathinam, property owner, applies for major zoning relief to add one open parking space in the street side yard. The applicant requests open parking in the street side yard where parking is prohibited (Zoning Code Section 6-16-2-1-C-1), a 0’ street side yard setback where 15’ is required (Zoning Code Section 6-8-4-7-A-2), a 1.5’ rear yard setback where 3’ is required (Zoning Code Section 6-8-4-7-C-4), and a parking stall length of 13.5’ where 18’ is required (Zoning Code Section 6-16-2-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. 496 of 608 APPROVED Page 3 of 4 Zoning Board of Appeals Ms. Berns noted that she owns property within 500’ of the site in question, but that will not affect her deliberation. Ms. Klotz explained that the original site plan was revised at the recommendation of SPAARC, so only variances for the street side yard parking, and street side yard parking setback are now requested. Emily Ellis, property owner, explained why the variances are necessary: • On-street parking is difficult in the area, especially with small children in tow and the nearby CTA station that adds many parked cars to the area. • Previously the family did not have a car, so this is a new hardship. • The adjacent neighbor approves of the plan. • She finds all Standards to be met. The Zoning Board then entered into Deliberation: • Ms. Berns noted parking in the area is not difficult except on street sweeping days. She also noted other nearby properties have been granted relief for parking. • Chairman Summers noted corner lots have that problem a lot, and felt this property’s situation was not unique. • Ms. McLennan explained that corner lots have this problem, and this particular property has an even worse problem because Sherman is so busy. • Chairman Summers felt the extensive traffic on Sherman Avenue brings up a concern for backing out of the proposed driveway with the intersection so near. • Ms. Berns felt the best solution would be to make that neighborhood permit parking only on the street, and Ms. McLennan noted that the commuters that park there now would have nowhere else to park. • Mr. Gingold felt the hardship was unique, but the family bought the property knowing there was no parking. The Standards were then discussed: 1) No Yes – Ms. McLennan, Mr. Gallimore, Mr. Gingold 2) No 3) No Yes - Ms. McLennan, Mr. Gallimore, Mr. Gingold 4) Yes No – Mr. Gingold, Mr. Rodgers, Ms. Berns – its an inconvenience 5) Yes 6) Yes 7) Yes Ms. McLennan motioned to recommend approval of the variance, and Mr. Gallimore seconded the motion. The motion was denied 2-4, with Mr. Gingold, Mr. Rodgers, Ms. Berns, and Chairman Summers voting to deny the motion. New Business 1622 Forest Place ZBA 13ZMJV-0017 Patriot Park LLC, property owner, applies for a special use for a bed and breakfast establishment at 1622 Forest Place. 1622 Forest Place is located in the R1 Single Family Residential District, which requires a special use permit for a bed and breakfast establishment to operate (Zoning Code Section 6-8-2-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. 497 of 608 APPROVED Page 4 of 4 Zoning Board of Appeals Andrew Scott, attorney for Patriot Park LLC, explained the proposal and submitted 3 exhibits: • Significant restoration of the property will occur at a cost of 3-6 million dollars. Dawn Overand, who is one of the property owners and will manage the bed and breakfast, explained: • Ms. Overand holds a 4.9% ownership of the property and lived behind the property 4 years ago. She will live at the property to operate the bed and breakfast. • When the property was purchased, it was discussed as an option that the property may be utilized as a bed and breakfast establishment. • Ms. Overand is a 1% owner of the 300 Church Street B&B, but is not the operator. • The B&B will not operate as an investment return, but as a land-banking investment for a sale some time in the future, possibly as a single family home. The B&B profits would offset the cost of maintenance and taxes on the property. • The current tenant will remain in the coach house after the coach house is rebuilt. Mary Lindberger explained her research findings on the impact the B&B would have on the immediate area: • B&Bs have no negative impact on the neighborhood and they do not negatively impact the sale of surrounding single family residences. Mr. Gingold asked if research was done at existing locations where 2 B&Bs were in such close proximity, and Ms. Berns asked what the impact would be on the home that is situated in between the proposed B&B and the 300 Church Street B&B. Ms. Lindberger replied that zero impact times 2 equals zero impact. Ms. Berns asked how the sales of other homes within that neighborhood were affected after the 300 Church Street B&B opened, and Ms. Lindberger responded that was not researched. David Reynolds, nearby property owner, felt the Standards for such use are not met, and submitted 2 letters from nearby property owners. Oliver Gould felt the proposal would have a negative impact on the neighborhood. Alice Whitley stated she bought into an R1 neighborhood and there should not be 2 non-single family homes within the neighborhood because there is too much of a negative impact. Kathryn Stokel agreed with the previous comments. ZBA members requested staff forward the transcripts/recordings from the 300 Church Street ZBA case and a map with addresses of surrounding properties for the next hearing. Mr. Rodgers motioned to continue the case to the April 23, 2013 ZBA hearing, and Ms. Berns seconded the motion. The motion was approved 6-0. The meeting adjourned at 10:55pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 498 of 608 APPROVED Page 1 of 5 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, April 23, 2013 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Andrew Gallimore, Matt Rodgers, Lori Summers, Beth McLennan, Scott Gingold, Clara Wineberg Members Absent: Mary Beth Berns Staff Present: Melissa Klotz, Susan Guderley, Dennis Marino, Ken Cox Presiding Member: Lori Summers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:35pm. Unfinished Business 1622 Forest Place ZBA 13ZMJV-0017 Patriot Park LLC, property owner, applies for a special use for a bed and breakfast establishment at 1622 Forest Place. 1622 Forest Place is located in the R1 Single Family Residential District, which requires a special use permit for a bed and breakfast establishment to operate (Zoning Code Section 6-8-2-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Tom O’Brien commented that 2 bed and breakfast establishments in such close proximity to each other are too many, and wondered if such approval would set a precedent for more. Chairman Summers noted that the Plan Commission recommended a minimum 900’ distance requirement between such establishments but the regulation was not approved by City Council. Chairman Summers asked for clarification on the floorplan regarding the unlabeled bedrooms on the third floor. Mr. Scoot explained the bedrooms will be utilized as living space for the B&B manager. Mr. Scott noted the immediate neighbors have not commented in opposition to the proposal, and Mr. Gingold added that they have also not commented in favor. Ms. Cooper noted the economic benefit of having another B&B in Evanston will be minimal since only 5 bedrooms will be available for use. She asked if stronger noise regulations should be implemented than the City’s noise ordinance since B&Bs may have outdoor events often but are surrounded by residences. She then cited examples for large homes in the area that have recently sold after a few days or weeks on the market. Mr. Gingold asked if an incremental economic benefit study was done, and Mr. Scott explained that such a study was not done, however it is the intent of the B&B for guests frequent Evanston shops and restaurants. The Zoning Board entered into Deliberations: Mr. Rodgers felt the commercialization was not a big issue, but was concerned with the close proximity to the other B&B, and noted that the amount of money being invested in the property 499 of 608 APPROVED Page 2 of 5 Zoning Board of Appeals may push the home into a higher price point where it could not revert back to a single family residence. Mr. Gingold noted that according to the minutes from the 300 Church Street B&B public hearing, Mr. Scott stated there was no plan for more B&Bs in the area. Mr. Gingold felt the B&B ordinance was created for existing homeowners to utilize their homes, not for a corporation to purchase a property to run as a business. He added there will be a negative cumulative effect, and many of the Standards are not met. Ms. Wineberg agreed, and added that the use would diminish the characteristics of the neighborhood. Ms. McLennan disagreed. She explained that she lived in resort communities with many nice B&Bs. She applauded the intense renovations and adaptive reuse the applicants intend. She noted that the house, as a $8-9 million dollar property without beach access, will likely be priced out of the single family residence range, but the work needs to be done to it either way. Mr. Gallimore added hotels and B&Bs in Evanston are lacking. This is a large lot so much of the noise will be mitigated and not have the same issues as current illegal rentals that are on small lots. Chairman Summers noted that parking is not an issue at this property and the coach house is not an issue, but there may be a negative cumulative effect, and the proposal may not keep with the intent of the Comprehensive Pan since it isn’t specifically addressed in the Comprehensive Plan. Mr. Gingold explained that he has no problem with B&Bs but it was not the intent of the Zoning Ordinance for corporations to establish multiple B&Bs as businesses. A financier with 99% ownership with a manager owning 1% is not the intent of the ordinance. Ms. Wineberg added the intent of the Zoning Ordinance is not to create a resort area along the lakefront. The Standards were then addressed: 1) Yes 2) No – Scott, Clara, Lori Yes – Beth, Matt, Andrew 3) No – Scott, Clara, Matt, Lori Yes – Andrew, Beth 4) Yes – Lori, Beth, Math, Andrew No – Scott, Clara 5) Yes – but require commercial garbage pick up 6) Yes 7) Yes 8) Yes 9) Yes Mr. Rodgers motioned to recommend approval with the following conditions: 1) No full kitchen on the third floor. 2) Commercial garbage pickup is required. 3) The coach house shall have a minimum 1 year lease and not be part of the B&B. 4) The project be in substantial compliance with the documents and testimony on record. Ms. McLennan seconded the motion, which was denied 2-4 with members McLennan and Gallimore voting in favor and members Wineberg, Gingold, Summers, and Rodgers voting opposed. 500 of 608 APPROVED Page 3 of 5 Zoning Board of Appeals New Business 623 – 627 ½ Howard Street ZBA 13ZMJV-0022 Douglas Lasch, architect, applies for major zoning relief to eliminate 8 required off-street parking spaces for a Type 1 Restaurant. The applicant requests to eliminate 8 required off-street parking spaces for a total of zero off-street parking spaces (Zoning Code Section 6-16-3-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Mr. Rodgers noted that he lives within 500’ of the subject property but his judgment would not be affected by the proximity of his residence. Applicant Douglas Lasch explained the proposal: • The project includes a gut rehab of the entire property, including the addition of an outdoor courtyard and seating area. The garage would be turned in to a micro-brewery. • The garage will have the same appearance from the alley side, although only one garage door will be functional. • Staff could park in nearby City lot, take public transportation, or possibly at Sherwin Williams lot. • Looked at options that would not eliminate the garage parking, but there wasn’t a feasible plan. • Valet parking for patrons will be available if the restaurant is busy enough to warrant it. • Currently working on parking lease with Sherwin Williams to lease parking spaces in their lot. Mr. Rodgers noted that there is currently a proposal in review for the residential area just north of the proposed restaurant to make street parking available only to Evanston residents between 6pm and 6am. Mr. Lasch noted the hardship is that there is not enough space available in the building to operate the restaurant and micro-brewery without utilizing the garage area, and the business cannot be successful without the micro-brewery. Dennis Marino, Manager, Planning & Zoning, noted the City lot is on Howard Street and Chicago Avenue and is historically underutilized. Valet parking could utilize that lot as well. Chairman Summers asked how many parking spaces are available at the Sherwin Williams site, and Mr. Lasch responded that there are more than 10 spaces available. Alderman Ann Rainey explained that within the 600 and 700 blocks of Howard Street, on both sides of the street, there are 6 large parking lots that are virtually empty from 7am – 2am, and are available for valet leases for a total of more than 100 available parking spaces. The Zoning Board entered into Deliberations: Chairman Summers noted that a parking lease should be required for staff parking, as well as some customer parking during peak times. Mr. Gingold added that a condition should be added so that staff cannot utilize the street parking. The Zoning Board members found all Standards to be met. Mr. Gingold motioned to recommend approval of the parking variance with the following conditions: 501 of 608 APPROVED Page 4 of 5 Zoning Board of Appeals 1) Staff may not park on the street. 2) 8 off-street parking spaces within the vicinity of the proposed restaurant must be leased. 3) Valet parking must be available during peak business hours. 4) The proposal must be within substantial compliance with the documents and testimony on record. The motion was seconded by Ms. McLennan and approved 6-0. 1404 – 1406 Greenleaf Street ZBA 13ZMJV-0020 Russell and Paula Wagner, property owners, apply for major zoning relief to replace an existing detached garage with a larger detached garage. The applicants request a separation between the principal structure and accessory structure (detached garage) of 4.1’ where 10’ is required (Zoning Code Section 6-4-6-2-C). The Zoning Board of Appeals is the determining body for this case. Applicants Russell and Paula Wagner explained the project: • Current garage is dilapidated and too small to fit a car • Current garage is below grade so it floods • Intend to replace with a solid brick garage to address fire rating concerns • Has support from immediate neighbors • Space above the garage will be used for storage for the on-site business Ms. Klotz explained the rental house is nonconforming and does not affect the garage use. Ms. Klotz also noted because of the B Zoning District, the property is analyzed with FAR, which is compliant at .49 with the proposed garage. The Zoning Board entered into Deliberations: The Zoning Board found the Standards to be met. Mr. Rodgers motioned for approval with the following conditions: 1) The garage must be constructed with a 1 hour separation fire rated wall where it is adjacent to the rental house. 2) The project must be within substantial compliance of the documents and testimony on record. Ms. McLennan seconded the motion, which was approved 6-0. 1104 Davis Street ZBA 13ZMJV-0021 Joel Stein, lessee applies for a special use for a Resale Establishment at 1104 Davis Street. 1104 Davis Street is located in the D4 Downtown Transition District, which requires a special use permit for Resale Establishments to operate (Zoning Code Section 6-11-5-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Applicant Joel Stein explained the proposal: • Sell surplus small office furniture that is left over from large wholesale business. • Plans to give away all proceeds but will not technically be a non-profit establishment. • Will restock a few times a week as needed with a small van. • Will look like a retail shop, not a warehouse. • Hours of operation 10am-5pm Monday-Friday and possibly 11am-4pm on Saturdays. The Zoning Board entered into Deliberations: The Zoning Board found the Standards to be met. Mr. Rodgers motioned to recommend approval with the following conditions: 502 of 608 APPROVED Page 5 of 5 Zoning Board of Appeals 1) The special use is limited to furniture and furnishings. 2) Hours of operation limited to 7am-10pm, 7 days a week. Mr. Gingold seconded the motion, which was approved 6-0. The meeting adjourned at 10:10pm. This meeting was recorded by audio and video and is available at the Community and Economic Development Department, 2100 Ridge Avenue, Evanston. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 503 of 608 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 public hearings on April 2 and April 23, 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 6-0 (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; _______Met __X__Not Met Vote 3-3 (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; _______Met __X___Not Met Vote 2-4 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 4-2 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 Case Number: 13ZMJV-0017 Address or Location: 1622 Forest Place Applicant: Patriot Park LLC Proposed Special Use: Bed and Breakfast Establishment 504 of 608 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (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 6-0 and, based upon these findings, and upon a vote __2__ in favor & __4__ against Recommends to the City Council _____ approval without conditions __X__ approval with conditions specifically: 1) No full kitchen on the third floor. 2) Commercial garbage pickup is required. 3) The coach house shall have a minimum 1 year lease and not be part of the B&B. 4) The project be in substantial compliance with the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ ___X___ Clara Wineberg _____ _X__ ___X___ Scott Gingold _____ _X__ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers _____ _X__ ___X___ Lori Summers _____ _X__ ___X___ Andrew Gallimore __X__ ____ 505 of 608 To: Members of the Zoning Board of Appeals From: Dennis Marino, Manager, Zoning and Planning Division Susan Guderley, Neighborhood Planner Subject: 1622 Forest Place, 13ZMJV-0017 ZBA Recommending Body; City Council Determining Body Date: March 28, 2013 Notice – Published in the March 14, 2013 Evanston Review Patriot Park LLC, property owner, applies for a special use for a bed and breakfast establishment at 1622 Forest Place. 1622 Forest Place is located in the R1 Single Family Residential District, which requires a special use permit for a bed and breakfast establishment to operate (Zoning Code Section 6-8-2-4). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Recommendation The Historic Preservation Commission and the Site Plan and Appearance Review Committee recommend approval of the proposed Special Use. The Preservation Commission has also approved a Certificate of Appropriateness for the exterior improvements to the house and coach house. The enclosed Zoning Analysis finds the proposed project compliant with the Zoning Ordinance with the exception that it requires special use approval by City Council to operate as a bed and breakfast. The proposed project has positive characteristics, especially the opportunity to enhance substantially a historic property. Staff has determined that the proposal meets the Standards for a Special Use. Two issues that the ZBA might consider as part of its review of the proposal and its recommendation include the possibility of restricting the permit to operate to the original owner/manager of the establishment, as was done with 300 Church Street, and also consider recommending conditions to regulate the use of the bed and breakfast for special events. Objectors have been present at the Site Plan and Appearance Review Meeting and one has submitted written letter of comment to date that has been enclosed. Site/Proposal Background The subject parcel is developed with a large 3-story, single-family detached home and a rear coach house on a large site of 22,428 square feet. The coach house is used as a Memorandum 506 of 608 garage with a second floor rental unit. This property is both an Evanston landmark and within the Evanston Lakeshore Historic District. The applicant proposes to renovate the home for use as a five guest-room bed and breakfast establishment. The proposed project includes interior remodeling and renovation of the principal structure to include the following: the addition of an elevator on the north side of the building; addition of a stone terrace on the southwest corner of the house; installation of a new paved ramp; depression of grade on the south elevation to allow for a basement exit and windows; addition of half-timbering to the west and north elevations to match existing east and south elevations; renovation of existing and addition of new bathrooms; restoration and renovation of the bedrooms; and construction of improvements to the third floor for the home owner. There will be no substantial changes to the footprints and building envelope. In addition, the applicant proposes to demolish the existing coach house that has been described as structurally deficient and replace it with a new structure of comparable size and appearance. Its first floor will be used for reserved, enclosed parking (6 spaces) for the use of guests and the resident owner. The second floor of the coach house will continue to be rented to a tenant and will not be available for use or rent by guests of the B&B. Additional space for parking is provided by the driveway and turnaround area in front of the coach house; it is anticipated that both will be used for deliveries, maintenance and service providers, and the accessory unit’s tenant. Another request for a Special Use Permit to establish a bed and breakfast at 300 Church Street by Evergreen Manor LLC was granted by City Council in November, 2011. That site is approximately 90’ north of the subject property, separated by one single family property. That project was recommended for denial by the ZBA, but approved by Council with conditions, some of which were suggested by the ZBA. The conditions included tying the permit to the original owner/operator rather than the subject parcel, prohibiting the creation of basement kitchen facilities, prohibiting the use of the accessory apartment by the B&B, and leasing of additional parking spaces to serve guests. Ownership of both 300 Church and the one now under consideration is by a LLC Corporation that has been determined by the City’s Law Department to meet the requirements of the Zoning Ordinance. One of the beneficiaries/owners of the LLC will be the owner operator of the proposed bed and breakfast who will reside in the house at 1622 Forest Place as required. The surrounding immediate neighborhood is composed of single family housing, and City park lands and open space. The immediate face blocks that share the common alley relative to the subject property are composed of single family homes and include the one approved bed and breakfast at 300 Church Street that is not yet operating and is under substantial rehabilitation. Within a two block radius of the R1 Zoning in which the subject parcel is located, the only other non-single family residential uses are the offices of Northwestern University’s School of Continuing Studies (405 Church Street) and its adjacent staff/visitor parking lot. Ordinances Identified for Requested Approval 6-8-2-4: SPECIAL USES: 507 of 608 The following uses may be allowed in the R1 District, subject to the provisions Set forth in section 6-3-5, “Special Uses,” of this title: Bed and breakfast establishments (subject to the general requirements of section 6-4-7, “Bed And Breakfast Establishments”, of this title) [among others listed] 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. Staff determination is that this special use application meets the standards of the special use. The extraordinary large site of the proposed bed and breakfast and the large house in which it would operate should minimize any potential negative externalities, especially if reasonable conditions for special events are included. The presence of adequate parking for the proposed use is a favorable characteristic of the proposed project. ZBA members, however, should be aware that there are at last two residents who have indicated that the application should not be approved because it does not meet one or more standards. Attachments Special Use Application – Submitted February 5, 2013 Standards Form Zoning Analysis Bed and Breakfast Zoning Regulations Plat of Survey – February 22, 2012 Site Plan Elevations Letter of Concern Aerial View of Property Zoning Map Image of Property SPAARC Draft Meeting Minutes – March 27, 2013 508 of 608 1622 Forest Place 13ZMJV-0017 509 of 608 510 of 608 511 of 608 512 of 608 513 of 608 514 of 608 515 of 608 516 of 608 517 of 608 518 of 608 519 of 608 520 of 608 521 of 608 522 of 608 523 of 608 524 of 608 525 of 608 526 of 608 527 of 608 528 of 608 529 of 608 6-4-7. - BED AND BREAKFAST ESTABLISHMENTS. A bed and breakfast establishment is an owner occupied single-family or two-family dwelling where short term lodging and morning meals are provided for compensation. The following general requirements shall apply to bed and breakfast establishments: Location: The bed and breakfast establishments shall be located within and accessory to an owner occupied single-family or two-family residential structure. Maximum Bedrooms Allowed: Subject to the special use provisions in each zoning district, up to a maximum of five (5) bedrooms may be provided for registered guests. No additional bedrooms as living quarters for roomers, permanent guests, or other boarders shall be permitted in conjunction with the operation of a bed and breakfast establishment. Maximum Stay: The maximum stay by any one (1) guest shall be four (4) consecutive weeks. Cooking Limitations: Morning meals shall be the only meals provided for registered guests only. No cooking facilities shall be permitted in guestrooms. Room Locations: Rooms used for guests shall be part of the primary residential structure and shall not have been specifically constructed for rental purposes. Guest Parking: Guest parking may be provided either on site, in the rear off a public alley or along the curb abutting the lot but at no time shall guest parking be permitted in any front or side yard. Licensing: The resident owner shall obtain a license for the operation of a bed and breakfast from the City of Evanston department of health and human services. The license shall be granted for a period of one (1) year commencing on the date of issuance. Thereafter, the license may be renewed for a one (1) year period subject to a review by the City Council, through its health and human services committee. Revenue Collection: The resident owner shall comply with all the revenue collection ordinances of the City. Signage And Lighting: All signage and special lighting shall comply with the sign ordinance of the City. (Ord. 43-0-93) (A) (B) (C) (D) (E) (F) (G) (H) (I) Page 1 of 1Municode 3/22/2013http://library.municode.com/print.aspx?h=&clientID=15159&HTMRequest=http%3a%2f... 530 of 608 531 of 608 532 of 608 533 of 608 534 of 608 535 of 608 536 of 608 537 of 608 538 of 608 539 of 608 540 of 608 541 of 608 542 of 608 543 of 608 544 of 608 545 of 608 546 of 608 LINBERGER & COMPANY, LLC REAL ESTATE APPRAISAL & CONSULTING SERVICES 1017 RIDGE AVENUE EVANSTON, ILLINOIS 60202 PHONE 312.968.1017 FAX 847.589.5289 EMAIL mary@marylinberger.com March 31, 2013 Patriot Park, LLC c/o Andrew P. Scott, Esq. Dykema 10 South Wacker Drive Suite 2300 Chicago, Illinois 60606 Re: Proposed Bed and Breakfast Establishment 1622 Forest Place Evanston, Illinois Ladies and Gentlemen, The above-captioned property is an approximately 130-year old, Tudor style single-family home that is proposed for renovation into a bed and breakfast with five guest rooms plus living space for the resident owner. This property is located in an R-1 district, which allows establishments of this type as a special use. At your request, I have evaluated whether this project will (1) interfere with or diminish the value of properties in the neighborhood, (2) be injurious to the property in the Lakeshore Historic District or in the vicinity thereof, or (3) have a cumulative negative impact on surrounding properties when considered in conjunction with other special uses in the same neighborhood. After considering the factors outlined below, I have concluded that this project will not interfere with or diminish the value of properties in the neighborhood, or be injurious to the properties in the Lakeshore Historic District or its vicinity. I furthermore, conclude that as a special use this project will have no cumulative negative impact on surrounding properties when considered in conjunction with other special uses. SURROUNDING AREA This property is located in northeast Evanston, a few hundred feet west of Lake Michigan and less than two blocks south of the Northwestern University campus. The immediately adjoining land uses include a public park to the east and similar large vintage homes to the north, south and west. One house north of the subject at 300 Church Street is another residence that is currently under renovation and will also operate as a bed and breakfast. This establishment has some of the same owners as the subject. 547 of 608 LINBERGER & COMPANY, LLC 2 Forest Place is part of the lakefront commuting route that extends from Lake County south to the northern end of Lake Shore Drive. As a result, it is well-travelled (maps published online by the Illinois Department of Transportation indicate that it carries about 22,500 cars daily). In addition to this commuter traffic, the Northwestern campus attracts visitors both in cars and on foot, as does the lakefront and its festivals particularly in the warm weather. Although the residential character of this area is low-density in that most sites are improved with large single-family homes, this area is quite active in terms of pedestrian and vehicular traffic. ZONING The subject is zoned R–1, a single family zoning classification that permits bed and breakfast establishments as a special use. It is worth noting that Evanston allows bed and breakfasts as a special use in all residential districts as well as in the B-1 district (the City’s lowest density business classification which also permits a variety of residential uses). Furthermore, the City's zoning regulations stipulate that a bed and breakfast can only be operated in a single family or two-family home that includes space for the owner to reside. Given the structure of its zoning ordinance, it is clear that Evanston has made the legislative decision that in terms of land use a bed and breakfast establishment is consistent and compatible with residential uses. As a result, I conclude that the proposed subject development is consistent with Evanston's land use policy and with the intent of its zoning ordinance. EXISTING PROPERTY AND PROPOSED RENOVATIONS This three-story, 14-room home occupies a 22,428 square foot site in the Lakeshore Historic District and is itself a designated historic structure. As currently configured, it has seven bedrooms, four full baths, two powder rooms, a large kitchen with family room and pantry, a dining room, a sunroom, a salon, a parlor, a library, eight fireplaces and a full basement. Along the alley behind the home is a free-standing two-story coach house with first floor parking and an upper floor apartment. Main Residence In order to provide the highest quality accommodations, the development of this proposed bed and breakfast will include the following upgrades to the main residence: Renovation of all the interior common areas; Installation of a new HVAC system throughout; Installation of a fire safety system with sprinklers, strobe lights and alarms; Installation of a new kitchen; Renovation of all existing baths and construction of several new baths such that the home will have a total of five powder rooms and six full baths; 548 of 608 LINBERGER & COMPANY, LLC 3 Renovation and consolidation of the six existing second floor bedrooms into five guest rooms with en suite baths; Installation of a guest laundry area on the second floor; Conversion of the third floor to the resident owner's suite including living/sleeping areas as well as a powder room and a full bath; Renovation of the basement to include a game room, exercise room, media room, quiet/spa room, laundry room and mechanical room; Addition of windows and an entrance door to the basement; Installation of new half-timbering on the home’s northern and western elevations; Repairs to the roof as necessary; Repairs to all existing windows and installation of new windows as needed that match the original; Installation of an elevator on the home's northern elevation that will serve all three floors plus the basement; Installation of a new staircase extending from the basement to the third floor; Installation of a lawn sprinkler system; Construction of a an access ramp on the home's front (eastern) elevation; and Construction of a new stone terrace at the southwest corner of the home. After completion of this work, the home's exterior elevations and first floor layout will be largely unchanged. The only change to its covered footprint will be the new elevator shaft on the north elevation. Coach House The coach house is in poor condition and will be replaced with a new building having essentially the same footprint and the following features: A full basement that includes storage space and a generator to provide emergency power to the entire property; A first floor garage for six vehicles that is accessible from the alley; and A second floor apartment with two bedrooms, a kitchen, a combined living and dining area, two full baths and a powder room. This coach house will meet the parking requirements for the guests and resident owner while additional unenclosed spaces accessed off the home's front driveway will serve the tenant and any visitors. 549 of 608 LINBERGER & COMPANY, LLC 4 Conclusions None of the improvements described above are inconsistent with those that would be associated with the property's continued functioning as a single-family home. In my judgment, this renovation will in no way change the residential character of the property or be injurious to the values of properties in this immediate neighborhood or in the Lakeshore Historic District as a whole. OPERATIONS OF A SIMILAR BED AND BREAKFAST In evaluating the likely operations of the subject property, I interviewed the resident owner of another upscale bed and breakfast on the north side of Chicago. This establishment was developed over four years ago by some of the same individuals who are involved in the subject project. They report that its operations are similar in scope and quality to what is planned for the subject. Cat's Cradle –7421 Sheridan Road This restored Prairie style home in the Rogers Park neighborhood has five guest rooms as well as a third floor suite for the resident owner (consistent with what is planned for the subject property). This is a luxurious residence with very gracious common areas (both interior and exterior), state-of-the-art electronics, attractively fixtured baths and high-end room appointments. Viewed from the street or the sidewalk, there is no indication that this property is anything more than a private home. The resident owner provided me with the following information: Room rates are currently between $140 and $185 nightly, depending on the room. The average length of stay is three days. Guests are generally aged 40 and above. Most guests are either: (1) visiting family in the neighborhood, (2) visiting a student at Loyola, or (3) coming from abroad to see the Chicago area. She has had several requests to rent the entire home from families travelling to a local event or members of a wedding party. However, almost none of her business comes from events being held on site (such as weddings or receptions). About half of the guests do not arrive by car and rely on other means of transportation. As a result, they have no need for parking. This establishment serves only breakfast (as will the subject), after which most guests go out for the day and generally do not return until after dinner. All laundry is done on site by housekeeping staff that comes in for a few hours in the afternoon (as is expected for the subject). 550 of 608 LINBERGER & COMPANY, LLC 5 No surrounding property owner has ever complained regarding any aspect of this property's operations. Conclusions Based on the above information, I conclude that the subject bed and breakfast will have all the characteristics of an upper-bracket North Shore home rather than a business operation. In other words, its exterior functioning will be similar to any other home in this neighborhood since it will periodically have guests arriving and leaving and receive deliveries. POTENTIAL VALUE IMPACT OF A BED AND BREAKFAST ON SURROUNDING PROPERTIES In order to further evaluate the potential impact of the proposed subject development on the values of surrounding properties, I investigated other bed and breakfasts in the Chicago area. As described below, I identified one such establishment in Chicago's Gold Coast Historic District that presents a set of facts I consider particularly relevant to the subject. Bed and Breakfast - Flemish House - 68 East Cedar Street This three-story greystone residence constructed in 1896 is located just off Lake Shore Drive on a very exclusive street. It has eight guest accommodations and is indistinguishable from the surrounding homes. Similar to the subject neighborhood, this area includes several residences that were constructed over 100 years ago. This location commands premium prices due to its architectural charm, proximity to the lakefront and ease of access to the Michigan Avenue commercial district. Over the past six years, single-family homes on East Cedar that did not require extensive renovations have sold for $1.9 to $5.3 million. Comparable Sale - 66 East Cedar Street This vintage home is immediately next door to the bed and breakfast and is currently listed for sale at $3.6 million. It is under a contract that is scheduled to close in the next month. The listing broker reports that this property experienced an extended listing period due to the fact that it had been over-priced for a slumping real estate market. She doubts that any of the prospective buyers for this property were even aware of the bed and breakfast and specifically states “The bed and breakfast was never an issue and did not affect the value of this home.” Comparable Sale - 69 East Cedar Street In January 2007, this vintage greystone home located directly across the street from the bed and breakfast sold for $2.5 million, after being listed for $2.85 million. The selling broker reported that “… there was zero impact to the new buyers and the presence of the B&B did not impact the sale price of my listing in any way, nor was it ever even brought 551 of 608 LINBERGER & COMPANY, LLC 6 up to me by either the Seller or any of the people who came through my listing while it was up for sale.” Conclusion I believe that the comments of these brokers support my conclusion that a bed and breakfast located in a very upscale historic neighborhood will not negatively impact the value or marketability of the surrounding properties. POTENTIAL CUMULATIVE IMPACT OF MULTIPLE SPECIAL USES As previously noted, the subject bed and breakfast would be a special use under the Evanston zoning ordinance and there is another bed and breakfast under development about 200 feet to the north. This latter property is the only other special use in this neighborhood. In evaluating the potential cumulative effect of these special uses on the surrounding homes, I note the following: These properties will be under related ownership and have the same commitment to providing the highest quality lodging and service in a luxury residential setting; The price point for accommodations in these properties will limit their appeal to affluent travelers; Neither of these properties will serve any meal other than breakfast and there will be no bar service offered to guests; Neither of these properties will generate significant traffic or rely in any meaningful way on public parking in the surrounding area; and The intensity of use associated with these bed and breakfasts will not exceed what could be expected from a family large enough to reside in such spacious quarters. As another factor, I have investigated what cumulative impact other uses allowed in residential districts have on surrounding properties. Specifically, I have considered whether the presence of several churches within a small radius that also includes single- family homes has any discernible negative impact on the homes. While churches are not a special use per se, they are non-residential and generate significant vehicular and pedestrian traffic. In this regard, they could reasonably be seen as more potentially intrusive than a bed and breakfast. I have studied the general area of Lake Street and Greenwood Avenue between Oak and Maple Streets. Located here are three churches (1) St. Mary's Church at the southeast corner of Lake and Oak Streets, (2) Emmanuel Church at the northeast corner of Oak Street and Greenwood Avenue and (3) St. Paul's Church at the southwest corner of Maple Street and Greenwood Avenue. 552 of 608 LINBERGER & COMPANY, LLC 7 I identified the following nearby single-family homes that have sold over the past few years: 1005 Greenwood Avenue This home is on the north side of Greenwood directly across from St. Paul's and a short distance east of Immanuel. It is a seven room home that sold in October 2012 for $672,000. My analysis of sales involving homes similar in physical features as well as homes that commanded a similar price does not indicate any negative impact to this home due to the presence of surrounding churches. 1022 Greenwood Avenue This home is on the south side of Greenwood across from Immanuel and a short distance west of St. Paul's. It is a 13-room home that sold in January 2008 for $1,550,000. My analysis of sales involving homes similar in physical features as well as homes that commanded a similar price does not indicate any negative impact to this home due to the presence of surrounding churches. Conclusions Considering all of the forgoing, I conclude that the subject will not create any cumulative negative impact on surrounding properties when considered in conjunction with the other nearby bed and breakfast. SUMMARY OF FINDINGS I conclude that the proposed subject development will in no way adversely impact property values in its immediate neighborhood or in any other area of the city. I also conclude that it will have no cumulative negative impact when considered in conjunction with the other nearby bed and breakfast. I believe that the subject project will be consistent with the intent of Evanston's zoning ordinance, compatible with the surrounding land uses, non-intrusive in the nature of its operations, and without any appreciable impact on area roadways or public parking. Pease contact me with any questions. Sincerely, LINBERGER & COMPANY, LLC Mary M. Linberger, MAI 553 of 608 LINBERGER & COMPANY, LLC 8 CERTIFICATION I do hereby certify that, except as otherwise noted in this consulting report: I have personally inspected the subject property. I have no present or contemplated future interest in the real estate that is the subject of this consulting report. I have no personal interest or bias with respect to the subject matter of this consulting report or the parties involved. The amount of the fee is not contingent upon reporting a predetermined conclusion. To the best of my knowledge and belief the statements of fact contained in this consulting report, upon which the analysis, opinions, and conclusions expressed herein are based, are true and correct. I have not relied on any single item of information to the exclusion of other information and all data were analyzed within the framework of my judgment, knowledge, and experience. I have not withheld any pertinent information. This report sets forth all of the limiting conditions (imposed by the terms of the assignment or by me) affecting my analysis, opinions and conclusions. This consulting report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the Appraisal Institute. No other person has prepared the analysis, conclusions, and opinions concerning real estate that are set forth in this consulting report. As of the date of this report, I have completed the requirements of the continuing education program of the Appraisal Institute and am certified by the state of Illinois. I will not be required to appear in Court or otherwise testify regarding this appraisal unless prior arrangements have been made. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. Mary M. Linberger, MAI 554 of 608 LINBERGER & COMPANY, LLC 9 CONTINGENT AND LIMITING CONDITIONS This Certification is expressly subject to the following stipulations: I obtained the information, estimates, and opinions contained in this report from sources considered reliable and believed to be true and correct; however, I can assume no responsibility for accuracy. I assume that the title for this property is marketable. I assume no responsibility for matters of a legal nature. I evaluated this property as though free and clear of any mortgage encumbrance. I assume that the subject property is free of contamination with any hazardous or toxic materials. Neither all nor any part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media, without my prior written consent and approval, particularly as to valuation conclusions, my identity, the firm with which I am connected, any reference to the Appraisal Institute, or any reference to the MAI designation. 555 of 608 LINBERGER & COMPANY, LLC 10 STATEMENT OF QUALIFICATIONS MARY M. LINBERGER, MAI EDUCATION Ms. Linberger was an undergraduate at LeMoyne College in Syracuse, New York, and a graduate student at the University of Chicago. Her undergraduate and graduate majors were in political science. She holds the MAIdesignation from the Appraisal Institute and is a certified general appraiser in Illinois. She is a member of Lambda Alpha, a national land economics fraternity. EXPERIENCE Ms. Linberger has been engaged in providing real estate appraisal and consulting services for over 30 years. She was initially employed by the Marling Group, a Chicago -based firm that provided appraisal and consulting services to an institutional clientele on a national basis. In 1985 she formed her own firm. AREAS OF SPECIALIZATION Ms. Linberger specializes in litigation-related matters and has extensive testimony experience in various courts as well as before public bodies. Some of her assignments have included: Evaluating the impact of a proposed multi-story residential development on the values of surrounding low-rise properties; Evaluating the value impact on surrounding commercial properties of converting private parking lots in a suburban downtown to free, municipally operated parking; Evaluating the impact of a proposed pharmacy drive-through window on the values of surrounding residential properties; Valuing a golf course and surrounding development land being acquired by a public body; Estimating the value of the air rights over a municipally-owned parking garage; and Evaluating the value impact of a proposed public utilityeasement that would cross a prime development parcel. 556 of 608 LINBERGER & COMPANY, LLC 11 CLIENTS The following is a representative list of clients with whom she has worked Law Firms Baker & McKenzie David A. Axelrod & Associates Deutsch, Levy & Engel Dykema Figliulo & Silverman Harrison & Held Helm & Wagner Holland & Knight Neal & Leroy Sidley Austin Swanson, Martin & Bell Public Bodies Chicago Department of Aviation Chicago Public Building Commission Chicago Public Schools Chicago Transit Authority Illinois Department of Transportation Metropolitan Pier & Exposition Authority University of Illinois Municipalities City of Berwyn City of Chicago City of Elmhurst Village of Oak Park City of West Chicago Private Companies Arthur. Rogers & Company Centrum Properties Draper & Kramer Fidelity National Financial Gladstone Homes Optima Smithfield Properties Financial Institutions Bank of America 557 of 608 Proposed Site PlanREARSTAIRMAIN STAIRHALLENTRYPWDRCLPARLORDININGROOMBUTLER'SPANTRYKITCHENFAMILYROOMSALONSUNROOM20'-2 "9'-3"MUDPOWDERCLOBENCH/CUBBIESUPDNLine of existing coach house26'-3 1/2"62'-5 1/4"68'-2"30'-5 "29'-9" 12'-2"7'-11"6'-4"New elevatorNew rampNew sunkengarden/basementNew terraceNew CoachHouse27'-2"Apron3'66'-0 11/16"9'-4 1/2"35'-6 3/16"558 of 608 B A S E M E N T P L A N1 6 2 2 F O R E S T M A I N H O U S E559 of 608 F I R S T F L O O R P L A N1 6 2 2 F O R E S T M A I N H O U S E560 of 608 S E C O N D F L O O R P L A N1 6 2 2 F O R E S T M A I N H O U S E561 of 608 T H I R D F L O O R P L A N1 6 2 2 F O R E S T M A I N H O U S E562 of 608 E x i s t i n g E a s t E l e v a t i o n P r o p o s e d E a s t E l e v a t i o n 563 of 608 E x i s t i n g N o r t h E l e v a t i o n P r o p o s e d N o r t h E l e v a t i o n 564 of 608 E x i s t i n g W e s t E l e v a t i o n P r o p o s e d W e s t E l e v a t i o n 565 of 608 E x i s t i n g S o u t h E l e v a t i o n P r o p o s e d S o u t h E l e v a t i o n 566 of 608 Line of existing coach house26'-3 1/2"62'-5 1/4"68'-2"New Coach House 27'-2"ApronApron88'-2 "3'APRON66'-0 11/16"A R C H I T E C T S1 7 1 8 S h e r m a n A v e n u e E v a n s t o n , I l l i n o i s 6 0 2 0 1 P A U L J A N I C K IMARCH 20, 2013567 of 608 B E D R O O MM A S T E RB E D R O O MC L O.C L O.L A U N D R YK I T C H E ND I N I N G / L I V I N GA R C H I T E C T S1 7 1 8 S h e r m a n A v e n u e E v a n s t o n , I l l i n o i s 6 0 2 0 1 P A U L J A N I C K IMARCH 20, 2013568 of 608 N O R T H E L E V A T I O NW E S T E L E V A T I O N1 6 2 2 F O R E S T C O A C H H O U S EP A U L J A N I C K IA R C H I T E C T SA R C H I T E C T S1 7 1 8 S h e r m a n A v e n u e E v a n s t o n , I l l i n o i s 6 0 2 0 1 P A U L J A N I C K IMARCH 20, 2013569 of 608 S O U T H E L E V A T I O NE A S T E L E V A T I O N1 6 2 2 F O R E S T C O A C H H O U S EP A U L J A N I C K IA R C H I T E C T SA R C H I T E C T S1 7 1 8 S h e r m a n A v e n u e E v a n s t o n , I l l i n o i s 6 0 2 0 1 P A U L J A N I C K IMARCH 20, 2013570 of 608 571 of 608 572 of 608 573 of 608 574 of 608 575 of 608 576 of 608 577 of 608 578 of 608 579 of 608 580 of 608 APPROVED Page 1 of 9 Preservation Commission MEETING MINUTES PRESERVATION COMMISSION Tuesday, October 16, 2012 7:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2200 Members Present: Kristen ArmstrongMatz, Suzanne Farrand, Thomas Hagensick, Kris Hartzell, Dian Keehan, Anne McGuire, Garry Shumaker, Scott Utter, and Jack Weiss Members Absent: Andres Lombana, and Amy Riseborough Staff Present: Carlos Ruiz Presiding Member: Garry Shumaker, Chair 1. Declaration of Quorum With a quorum present, Chairman Shumaker called the meeting to order at 7:11 p.m. 2. APPROVAL OF MEETING MINUTES of March 20, May 15, August 21, and September 18, 2012 3. COMMITTEE REPORTS A. Survey SubCommittee Phase II Update 4. STAFF REPORTS A. Discussion on the Secretary of the Interior’s Standards for Rehabilitation & Illustrated Guidelines on Sustainability for Rehabilitating Historic Buildings This item was discussed later in the meeting, at which time Carlos Ruiz said he had set up a meeting with Patrice Frey, Director for Sustainability with the National Trust for Historic Preservation on October 19, which was tentatively rescheduled to October 26, 2012. G. Shumaker asked that Catherine Hurley, Sustainability Coordinator be invited to the meeting. Anne McGuire, Kris Hartzell and Scott Utter requested to be part of the meeting as well. G. Shumaker suggested completing the case study for window restoration prepared by Matt Marchione. 581 of 608 APPROVED Page 2 of 9 Preservation Commission 5. UNFINISHED BUSINESS A. 1400 Wesley Avenue (L) – Existing installed vinyl windows be replaced with Marvin wood replacement windows, with the simulated divided light pattern as shown on the elevations. Also, replace the existing original wood window on the north elevation 2nd floor with a Marvin replacement window as well. In addition to this, the submitted drawings show the original stairs to the second floor porch as they existed in 1977 [Alteration]. This application was removed from the agenda to conduct administrative review and approval. B. 1841 Sheridan Road (Landmark lot of record) – New Northwestern University Visitor Center plus 435 space parking garage [Construction] On October 16, 2012 Bonnie Humphrey, Director of Design of Construction of Northwestern University presented to the Preservation Commission illustrations of various buildings on campus with their respective heights and exterior materials. They also displayed an elevation drawing looking east showing buildings along Sheridan Road from Lincoln Street at the north end to Sheridan Road at the south end of campus. Also, an elevation drawing looking north showing buildings along Sheridan Road, and including Fisk Hall and the Visitor Center and parking garage. From the University’s perspective the proposed new building is visually related to all these buildings because they are part of the landmark lot of record. Bonnie Humphrey described the development of the campus over time citing landmark buildings such as Harris Hall, University Hall and Fisk Hall and the architects that were involved developing the campus: James Gamble Rogers, Holabird & Root, Walter Netsch of Skidmore, Owings & Merrill, Loebl, Schlossman, Dart & Hackl. Also, Northwestern University cited recent buildings such as the new Ford Motor Company Engineering Design Center, the Block Museum, and the Music & Communications building currently under construction. At the end of the presentation Bonnie Humphrey said: “In conclusion, the Northwestern University campus is an ensemble of buildings created throughout the 160 year history to reflect the age in which they were created.” Northwestern University also responded to comments from citizens opposed to the construction of the Visitor Center and parking garage. In all cases Northwestern University disagreed with the citizens’ unfavorable comments. Then Bonnie Humphrey cited all 17 standards for review of construction: 1. Height; 2. Proportion of front façade; 3. Proportion of openings; 4. Rhythm of solids to voids 582 of 608 APPROVED Page 3 of 9 Preservation Commission in front facades; 5. Rhythm of spacing and structures on streets; 6. Rhythm of entrance porches, storefront recesses and other projections; 7. Relationship of materials and texture; 8. Roof shapes; 9. Walls of continuity; 10. Scale of a structure; 11. Directional expression of front elevation; 12. Original qualities; 13. Archaeological resources (not applicable); 14 Contemporary design; 15. New additions (project not an addition); 16. New construction; and 17. Signs (no signs at this time). A response followed each standard concluding that the Visitor Center and parking garage met the respective standard for a Certificate of Appropriateness as applicable (see attachment). In closing Bonnie Humphrey said; “We firmly believe that the Visitor’s Center project as proposed to the Preservation Commission satisfies all of the standards for a Certificate of Appropriateness, and is consistent with the fabric of the campus, and existing relationships between landmarked buildings and other buildings.” Citizens Comments: Paul Janicki, architect disagreed with the University’s position that the Visitor Center and parking garage is visually related to the entire landmark lot of record. He said that the new structure is visually related to Fisk Hall. He also believes that the proposed building does not meet standards for review of construction. Judy Pollock of the Audubon Chicago Region said there will be a loss for birds with the loss of woods, one of the last few contiguous places of woodland on the lake front. In that native dune vegetation, there is one endangered plant and one threatened plant. However, she appreciated Northwestern University’s effort to make the building bird friendly and for finding places to put substitute habitat. Preservation Commission’s Findings: Commissioner Kris Hartzell respectfully disagreed with Northwestern University’s interpretation of what is visually related to the Visitor Center and parking garage (campus wide as opposed to what is there). In regard to the vegetation, there are no weeds, but they are indigenous plants to this region. The garage will be used for evening events and light from the fixtures will be visible. The Visitor Center and parking garage blocks visually because it is south of Fisk Hall and east of Sheridan Road. Being visually compatible to some of the other buildings, but the Ordinance includes public ways, sites and places in addition to structures, and that puts the building in a public way, on a very important site and place. She disagreed that the site is not historic. The beach is a very historic part of the character of Evanston. K. Hartzell said the Commission is not making any requirements as to the particular design of the structure. Her objection was the location, the nature and use of the 583 of 608 APPROVED Page 4 of 9 Preservation Commission building, and not the design of it. She concluded that the building is not compatible to the site, public way, and place. Commissioner Dian Keehan said the junction of the City of Evanston, Northwestern University and Lake Michigan, is a precious spot in the City of Evanston. What bothered her was that the open parking garage area is going to be seen from what it is the public way, being the lake front, the beach. She said the Sasaki Plan called for 60 ft. high academic corner which wrapped a parking garage. She wondered what happen to that plan. Bonnie Humphrey said the Sasaki framework plan identifies areas for growth of the campus in which open space is preserved; a balance of open space and buildings. They worked hard to make the building not look like a garage. Commissioner Jack Weiss was concerned about the scale of the building, the lack of setback and the way it presents itself to the Evanston Community. He suggested as before moving the structure to the north. He said, “I understand that you want to move parking to the edges of campus for a more pedestrian friendly campus. That would create a balance between green space and buildings”. Commissioner Gary Shumaker said the fire lane on the Evanston public property which takes beach, and takes from bird habitats and landscaping, it is an issue because that is Lakeshore Historic District and under the purview of the Commission. Because the Visitor Center is not within a historic district it being evaluated based on the visual context to which it is immediately adjacent or visually adjacent which includes Fisk Hall and to some degree includes a number of the modern structures. Garry Shumaker noted that the Commission had stated that they agreed with the pallet chosen for the building; the colors, the glass, the fritted glass, the limestone. The Commission is not asking to replicate a historic building or put a red brick building next to Fisk Hall. However, the rhythm of the façade, the proportion of glass to stone immediately adjacent to Fisk Hall are valid question. The proposed building is predominantly glass on the façade; Fisk Hall is not, thus not compatible. He also took issue with the scale of the building, which it is at least 2 stories to the top of the equipment penthouse above the cornice or eave line of Fisk Hall to which it is immediately adjacent. The top parapet of the parking deck, which is the seventh level is still significantly higher to the building to which is immediately adjacent to (Fisk Hall). The Commission had discussed previously as issues of concern were the height and the location of the building, relative to the sidewalk and the street wall. This building it does not align with the other buildings, it clearly is pulled forward. The 584 of 608 APPROVED Page 5 of 9 Preservation Commission Commission suggested shortening and pulling back the building. The Commission would have supported a zoning variance to lower and shorten the building. The Commission considered standards for review of construction 114 and 16 as applicable. It was motioned (S. Farrand) and seconded (K. Hartzell) to deny the Certificate of Appropriateness for the construction of the Visitor Center and parking garage as the application does not meet standards for review of construction 114. The motion passed. Vote: 7 ayes, 2 abstentions. 6. NEW BUSINESS A. 725 Noyes Street (NEHD) Build storage shed addition on the east side yard and landscape backyard. Requires minor zoning variance for building lot coverage from 33.6% to 35.8%. Maximum allowed building lot coverage is 30% [Construction/Zoning Variance]. Dan Abraham, owner, presented the proposed shed addition for storage on the east side of the house, which requires a minor zoning variation for lot coverage from 33.6% to 35.8%. The exterior finish is siding to match that of the house. S. Utter noted he would prefer the storage shed be located in the back of the house. The Commission discussed the cladding and fenestration of the proposed shed and how the roof of the shed touches the window(s) above it. It was motioned (J. Weiss) and seconded (T. Hagensick) to approve the COA for alteration at 725 Noyes in that standards for review of alteration 15 and 810 apply subject to the submittal and approval of elevation details of the finishes for the shed. The motion passed. Vote: 9 ayes, 0 nays. It was motioned (D. Keehan) and seconded (J. Weiss) to recommend a minor zoning variance to exceed the maximum lot coverage of 30% in that it meets standards for variation A and C. The motion passed. Vote: 9 ayes, 0 nays. B. 724 Michigan Avenue (LSHD) Remove the existing covered back porch (rear west side) and replace with new covered 3 season porch (approximately 13’ x 18’). The proposed porch would be approximately 64 square feet larger than the existing [Construction/Demolition]. Mike Venechuk, architect, presented the proposed the removal of the existing rear porch with a flat roof and replace it with a new porch with a pitched roof and matching the details of the front porch (newel post, tongue and groove floor, wood screens and moldings). Also, remove the aluminum siding on two exterior walls of the house and replace with 4” painted wood siding. The aluminum clad windows will be replaced to math the existing. 585 of 608 APPROVED Page 6 of 9 Preservation Commission It was motioned (A. McGuire) and seconded (Kris Hartzell) to approve COA for construction for the new rear porch at 724 Michigan in those standards for review of construction 1, 3, 7, 8, 10, and 1215 apply and have been met. The motion passed. Vote: 9 ayes, 0 nays. It was motioned (Anne McGuire) and seconded (Kris Hartzell) to approve the COA for the demolition of the existing rear porch at 724 Michigan in that standards of demolition 15 apply and have been met. The motion passed. Vote: 9 ayes, 0 nays. C. 1026 Forest Avenue (LSHD) – Remove existing aluminum and wood siding. Replace existing 3” exposure with 4” exposure hardie board siding. Match existing wood siding details with hardie trim details. New corner boards, band board, casing, frieze and crown. Remove existing single pane wood windows and aluminum storms. Replace 17 double hung windows “wood” with “Marvin” aluminum clad wood replacement insert units. Replace 5 existing windows with “Marvin” full replacements. Match existing details as similar as possible [Alteration]. Judy and Mark Kemp, owners and Mark Anderson, contractor, presented the proposed exterior alterations as described above. J. Kemp said the reasons for the proposed work are: aesthetics, energy efficiency and easy maintenance. M. Anderson said they will replace the existing aluminum siding with hardi board and the windows with Marvin aluminum clad windows. Also, the project calls for 4” corner boards, 4” widow and door casings, 8” trim board around the bottom and an 8” or 12” freeze board, and bringing back the gable ends. Also retain the southeast dormer column detail, and front door detail. Mark Anderson said they will replace 22 windows out of 43 existing windows with aluminum clad Marvin windows (17 Marvin double windows). The Commission asked the applicants to pick a window pattern and show them on revised elevations for each façade, noting that Prairie style windows may not be appropriate for a Colonial Revival retrofit, and look at each trim condition as well. The Commission does not generally agree with insert windows, but given the trim conditions on the inside and the randomness of the windows, insert windows makes sense. In this instance consistency seems relevant. It was motioned (J. Weiss) and seconded (D. Keehan) to table the application until the November meeting. The motion passed. Vote: 9 ayes, 0 nays. D. 508 Lee Street #1E (L) – Replace 2 existing nonoriginal double hung wood windows with 2 new double hung Andersen wood windows [Alteration]. 586 of 608 APPROVED Page 7 of 9 Preservation Commission The applicant was not present at the meeting. E. 2103 Orrington Avenue (NEHD) Demolish existing 3car garage and construct a new 2car garage and parking pad adjacent to it. [Construction/Demolition]. Niko Matouschek, owner, presented the proposed demolition of the existing non original 2car garage and the construction of a new 2car garage and parking pad. The existing garage is not structurally sound. The new 2car garage matches the gable roof of the house and the siding exposure is 3” L. P. Smartside; matching the exposure of that on the house and matching the trim of windows and doors. The new garage has aluminum corner boards. The Commission recommended the following optional revisions for the new garage: 3” profile siding; window to eave board; eliminate corner boards and provide mitered corners, and roof shingles to match that of house in color and texture. It was motioned (T. Hagensick) and seconded (S. Utter) to approve the COA for the construction of the new 2car garage at 2103 Orrington in that standards of construction 1, 2, 5, 7, 8, 10, 12, 15 and 16 are applicable and have been met. The motion passed. Vote: 9 ayes, 0 nays. It was motioned (S. Utter) and seconded (D. Keehan) to approve the COA for demolition of the existing garage at 2103 Orrington in that standards of demolition 15 are applicable and have been met. The motion passed. Vote: 9 ayes, 0 nays. F. 1229 Judson Avenue (LSHD) Remove existing enclosed rear porch. Remove the existing 2nd floor roof deck over enclosed porch. Construct onestory addition, covered wood porch and stair. Construct 2story addition and replace double hung wood window on east rear elevation and double hung wood window on south side elevation with wood aluminum clad windows SDL. Install new wood door and wood storm screen. Requires minor zoning variance for the north side yard setback. Required setback = 5’; proposed setback = 3.34’ [Alteration/Construction/Demolition/Zoning Variance]. Ben & Carolyn Myszkowski, owners and David Roberts, architect presented the proposed removal of the existing enclosed rear porch and the construction of a 1 story addition with a covered porch and stair, and the construction of a 2story addition on the east elevation; replace 1 double hung bedroom window on the east rear elevation, and 1 double hung bedroom window on the south side elevation. The project requires a minor zoning variance for the proposed 3.34’ setback on the north side yard; required setback = 5’. It was motioned (K. ArmstrongMatz) and seconded (K. Hartzell) to approve the COA for the construction of the 1story and 2story additions at 1229 Judson as 587 of 608 APPROVED Page 8 of 9 Preservation Commission standards of construction 1, 3, 7, 8, 10, 12, and 1315 are applicable and have been met. The motion passed. Vote: 9 ayes, 0 nays. It was motioned (K. ArmstrongMatz) and seconded (S. Farrand) to approve the COA for the demolition of the rear porch at 1229 Judson in that standard of demolition 15 apply and have been met. The motion passed. Vote: 9 ayes, 0 nays. It was motioned (K. ArmstrongMatz) and seconded (K. Hartzell) to recommend approval of the proposed side yard setback of 3.34’ for the proposed additions at 1229 Judson, as standards of special use and variations A and C are applicable and have been met. The motion passed. Vote: 9 ayes, 0 nays. G. 1622 Forest Place (L/LSHD) New elevator bay on north elevation, new accessible ramp and modification of balustrade on east elevation, removal of 2 dormer windows, removal of 1960s addition on west elevation, new pilasters and removal of stair on west elevation, new terrace on southwest corner, new land depression and basement window and doors on south elevation, new doors and windows on west and north elevation, removal of windows on north elevation, sixcar new coach house in place of existing coach house on alley, addition of wood trim on second story of house. Paul Janicki, architect with Chris Perry, structural engineer, presented the proposed addition of an elevator bay on the north elevation, the construction of an accessible walk; a new southwest corner terrace; new landscape depression, new basement window and doors on south elevation, new doors and windows on the west and north elevations, and. the removal of windows on the north elevation. P. Janicki also proposed the construction of a new 6car garage/coach house with a portecochere, and the demolition of the existing 3car garage/coach house. Chris Perry said the existing garage foundation is deteriorated, and the haphazard framing is undersized. K. ArmstrongMatz was concerned with the proposed demolition of the existing garage/coach house; she questioned if the existing garage/coach house was beyond repair. The Commission took a straw poll for the demolition of the garage/coach house. Straw poll: 2 ayes, 7 nays. The Commission indicated that more research needs to be done by Commission members. If the Commission finds out that the garage/coach house is historic and worth saving, the Commission would probably ask the architect to come up with a scheme that would salvage the garage/coach house and modify it in some way. It was motioned (S. Utter) and seconded (D. Keehan) to issue a COA for alterations of the main house at 1622 Forest Place, provided that the west dormers are made symmetrical to include two French doors on the basis that standards of alteration 110 have been met. The motion passed. Vote: 9 ayes, 0 nays. 588 of 608 APPROVED Page 9 of 9 Preservation Commission 7. COMMUNICATIONS A. Memo from Michele Masoncup, Assistant City Attorney II regarding Mandatory Open Meetings Act Training Commissioners agreed to take and submit to Carlos Ruiz the Mandatory Open Meetings Act Training by December 31, 2012. B. Email from Lisa DiChiera of Landmarks Illinois asking municipalities and preservation commissions support of the Chicago Landmarks Ordinance which in being challenged in Hanna v. City of Chicago I was motioned (A. McGuire) and seconded (K. Hartzell) that the Commission supports this request and recommends City Council consider supporting the request as well. The motion passed. Vote: 9 ayes, 0 nays. 8. ADJOURNMENT It was motioned and seconded to adjourn the meeting. A voice vote was taken and the motion was approved at 11:20. p.m., October 16, 2012. Respectfully Submitted, Carlos D. Ruiz Senior Planner/Preservation Coordinator, Community and Economic Development, Planning and Zoning Division 589 of 608 APPROVED Page 1 of 7 Preservation Commission MEETING MINUTES EVANSTON PRESERVATION COMMISSION Tuesday, November 20, 2012 7:00 P.M. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2200 Members Present: Susan Farrand, Tom Hagensick, Dian Keehan, Amy Riseborough, Garry Shumaker, Scott Utter and Jack Weiss, Members Absent: Kristen ArmstrongMatz, Kris Hartzell, Andres Lombana and Anne McGuire Staff Present: Carlos D. Ruiz Presiding: Garry Shumaker Declaration of Quorum With a quorum present, Chairman G. Shumaker called the meeting to order at 7:12 pm APPROVAL OF MEETING MINUTES of March 20, May 15, August 21, September 18, and October 16, 2012. This item was discussed later in the meeting, at which time the following was approved: August 21, 2012 Minutes Correct Scott Utter last name and page 6 of 8 G. Shumaker It was moved (S. Farrand) and seconded (A. Riseborough) to accept the August 21, 2012 minutes as corrected. The motion passed. Vote: 7 ayes, 0 nays. Jack Weiss revised the sentence as follows: I understand that you want to move parking to the edge of the campus for a more pedestrian friendly campus. That will create a balance between green space and buildings.” It was motioned (S. Farrand) and seconded (A. Riseborough) to approve the October 16, 2012 minutes as amended. The motion passed. Vote: 7 ayes, 0 nays. COMMITTEE REPORTS A. Survey SubCommittee Phase II Grant Update Carlos Ruiz said the Illinois Historic Preservation Agency approved the survey’s final report (Lakeshore Historic District). He also requested the maximum amount of the reimbursement (total cost of project $21,000). 590 of 608 APPROVED Page 2 of 7 Preservation Commission Next SubCommittee meeting will be scheduled in January 2013. Garry Shumaker left messages to Mark Varner, when the survey should be on line up and running. The SubCommittee will discuss the next grant cycle. STAFF REPORTS A. Update on meeting with Patrice Frey, Director of Sustainability, National Trust for Historic Preservation This item was discussed later in the meeting, at which time Carlos Ruiz reported that Garry Shumaker, Anne McGuire and he met with Patrice Frey, Director for Sustainability at the National Trust. The National Trust is working with many communities to address sustainability from the preservation point of view. Carlos Ruiz said they talked about window replacement. P. Frey is in support of window restoration. They talked about solar panels, insulating homes (walls and roofs). He said the City has a full time sustainability coordinator. Garry Shumaker would like to have information on line such as literature about sustainability. P. Frey said she could provide a fact sheet that lists numerically how to make your historic site more efficient. G. Shumaker said an applicant should see first the check the list when seeking information on line. He noted that the Commission purview is not the mechanics of sustainability of buildings. However, the Commission’s contribution should be putting this information out for home owners in laymen terms. The Commission discussed the City’s periodic mailings where the Commission could contribute information such as the window seminar and about sustainability. Other ways to reach an audience would be giving a summary of the window seminar, or give information about how one can be sustainable from the preservation perspective. Garry Shumaker said other people from the City including Catherine Hurley, Dean Mosca, Martin Travis should be involved. Dian Keehan said a completed zoning analysis would be helpful to have particularly in important projects. G. Shumaker said Patrice Frey is on board with the preservation issues and with what the Commission is doing about them. 2013 Preservation Commission Officers: Carlos Ruiz said a slate of officers should be placed on the agenda for the December 2012 meeting. G. Shumaker informed that Kristen Armstrong has resigned from the Commission and she asked to be considered for appointment as Associate member. Also, Andres Lombana may resign from the Commission. Sustainability Issues: 591 of 608 APPROVED Page 3 of 7 Preservation Commission The Commission discussed topics for a preservation symposium in 2013. Commissioners agreed on including sustainability for the symposium. Also invite Carla Bruni and Julie Liska. Scott Utter mentioned a person who can talk about air leakage in buildings. Bill Rose at University of Illinois may be another resource. UNFINISHED BUSINESS A. 1026 Forest Avenue (LSHD) – Remove existing aluminum and wood siding. Replace existing 3” exposure with 4” exposure hardie board siding. Match existing wood siding details with hardie trim details. New corner boards, band board, casing, frieze and crown. Remove existing single pane wood windows and aluminum storms. Replace 17 double hung windows “wood” with “Marvin” aluminum clad wood replacement insert units. Replace 5 existing windows with “Marvin” full replacements. Match existing details as similar as possible. (Revisions: Review existing siding and trim and window mullion details. Compare with new material details. Replace existing 1x8” band boards with 5/4x8 hardie trim. Replace existing 1x8 fascia and crown with 5/4x8 and azek crown. Replace existing “east” gable siding with hardie board siding. Replace existing “north, west and south” gables siding with staggered edge hardie shake siding. Restore existing trim details. New crown and cap detail on east elevation windows only. 5/4x4.5” casing with 2x sill on all other windows. Six light mullion detail on the east elevation windows. No mullions in all other windows). Mark Anderson, contractor and owners presented the revised plans. M. Anderson said based on the Commission’s comments at the last meeting, they made the following revisions: Head board siding 4’ vs. 3” exposure, saving the gable band around the house, the front of the house is somewhat Colonial, the other three sides of the house are more Queen Anne. On the front elevation they are saving the front door and all the trim around the front door and the gable band that goes around the house. They will use corner boards around the house. The existing windows have 5” casing, they are using 5 1/4” x 4 ½” wide. The casing detail will be used around the house. The gable band on the front elevation is 18” to 20” high and each square is 5 1/4” square. The north elevation gable detail will remain; it is 16” tall made out several pieces. The soffit boards on the side (1x6 butt joint) will be replaced with hardie board. On the south corner of the elevation, there is a dormer with column details on the dormer. The bay on the south side will be restored. The west side and south side gables have a flat band 5 1/4/ x 12 to be replaced in kind. They wanted to save the details on the house including: the cantilever, the front door, the front door trim, the gable bands, on the south side the bay newel details. Garry Shumaker thanked M. Anderson for the well thought out presentation. 592 of 608 APPROVED Page 4 of 7 Preservation Commission It was moved (J, Weiss) and seconded (D. Keehan) to approve the COA for alteration at 1026 Forest because standards for review of alteration 17, 9 and 10 apply and have been met. The motion passed. Vote: 7 ayes, 0 nays. B. 1622 Forest Place (L/LSHD) – Demolition of existing coach house. Construction of a new sixcar coach house in place of existing coach house on alley Paul Janicki, architect presented the project. P. Janicki said their intent is to demolish the carriage house and replace it with a new structure with about the same footprint and mass, but in a style that is consistent with the Mayo and Mayo design. The carriage house was not redesigned by Mayo and Mayo. P. Janicki said there are no original carriage house doors or man doors. On the west elevation: the dormers have been filled in with siding and casement windows were put in place. On the north side there are openings for AC, windows are boarded up, doors and windows are not original. He said there are not enough historic features to save. Chris Perry and Bill Demode, structural engineers, said the carriage house has structural issues including: south end of the building, entire room was fired damage, studs were damaged, and fire damage was painted over. Rafter tails are beginning to rot and need to be replaced. All around the building has problems where siding comes down to grade and is rot. In some locations there was a masonry curb, the joints in the masonry have been flashed out. At an area over a gable is out of plumb. List of structural repairs: new wall siding and cladding, replace studs, new deeper roof rafters for fire requirements, new floor frame and joists, providing a new framing system, a new curb, new rafter tails, steel beams bearing on wood columns, some of these columns are splitting. Paul Janicki said there will be no change in the use of the building; second floor will still be a dwelling. The project is compliant with zoning. Regarding special use, Paul Janicki said they may or may not apply for special use. He said that is not part of this application. Dian Keehan asked if they dropped the scale of the structure from 2 ½ to 11/2 stories. S. Farrand felt very strongly that the structure should be saved; it is contributing to historic district and the alley as well. She was not convinced that the only solution was to tear it down. Janicki this is an opportunity to transform the carriage house to match the style of the house. There is a historic precedent especially with Mayo and Mayo. None of the carriage house doors are original. Anne Earle and Mary McWilliams said that it was not unusual in Evanston that barns were not remodeled in the same style of the house. Garry Shumaker said the structure does not have enough left to justify its preservation; especially when the Mayo and Mayo remodel is being celebrated. S. 593 of 608 APPROVED Page 5 of 7 Preservation Commission Farrand said that from the alley it fits in that context. Scott Utter was concerned with the protection of low style vernacular architecture and its diminishing quantity within the City. He would like to see it repaired and brought back to what it was. D. Keehan was concerned with the scale of the new structure. P. Janicki said the height of the new structure is probably 2’ higher than the existing carriage house. Dian Keehan asked about the length being 90’ the existing is 62’. P. Janicki said the porte cochere adds up to the 90’. The Commission held the decision on demolition to do more research on the structure. Garry Shumaker suggested pulling down the height of the structure to reduce the scale. S. Farrand said on the alley on the west side there are garages smaller than the proposed structures. On the other hand, east of the alley, the structures are similar in scale to the proposed carriage house. G, Shumaker suggested eliminating the porte cochere. P. Janicki said the garage to the north is similar in scale to the existing garage; the proposed structure would be taller. Carlos Ruiz said the design of a new structure should be approved before the Commission decides on the demolition. C. Ruiz said the Commission will have to review the project for the special use. P. Janicki agreed to send revised plans to staff or Garry Shumaker for comments. It was moved (J. Weis) and seconded (T. Hagensick) to table the item. The motion passed. Vote: 7 ayes, 0 nays. NEW BUSINESS A. 1140 Hinman Avenue (LSHD) – Replacement of seven double hung wood windows with new double hung Fibrex windows. Jim McNamara, contractor, presented the project. J. McNamara said he would like to replace 7 windows, 3 windows east and 4 facing south. All windows are on the second floor. The windows are being done in a color consistent with the woodwork on the home, pine interior to be painted. All the material on the exterior will remain intact and will not be covered with any material. The windows weights pockets will be removed and filled with insulation. Jim McNamara said the existing check rail heights are 1 ¾, 2 1/32” The existing sash style width is 2” similar to the new windows. Visible glass slight loss is from 29” to 28 ¼”. Scott Utter said the frame is included representing a 20 % loss of visual light. J. McNamara said the existing glass area is19 ½” vs. 17 9/16. The actual loss of visual light loss was approximately 12%. 594 of 608 APPROVED Page 6 of 7 Preservation Commission Garry Shumaker asked if the rest of the windows will remain. J. McNamara said the front windows are original on the porch bay area. The top third floor windows are original. The small double hung windows with leaded glass are also original. Garry Shumaker said that the proposed windows for replacement seemed to be reasonably repairable. Jim (no last name) of Andersen Windows said the owner wants to closely replicate the windows that have been already replaced on two bedrooms on the second floor south side of the home and have more energy efficiency. One of the replaced windows is Andersen. Three windows on the south side were done 10 years ago (not Andersen windows). The brick molds on the exterior and other wood work has remained intact. Garry Shumaker said based on the information and details shown, he could not imagine approving the replacement of windows on the front bay. Loosing between 10% to 14% of glass light and changing the profile and the shadow line of the windows would be a mistake. He rather have insulated storm windows. T. Hagensick said he would like to know more about the windows on the east elevation; they do not appear to be too far gone. Garry Shumaker said the Commission’s purview does not extent to the affordability or cost implication. The owners should investigate restoration of the windows; they do not appear to be beyond service. In the past the Commission has approved windows on secondary and rear façades with the Renewal product. He said on principal and primary facades, specially on landmark buildings, mixing and matching windows is not in the best of the purview of the Commission is. Three windows on the rear porch are Renewal. Need to understand what the rest of windows are. Garry Shumaker said he would like to see more information that the windows are not serviceable, especially on the front elevation. If the motivation is energy efficiency only, he is not inclined to consider replacement. The applicants agreed to resubmit the proposal. B. 604 Judson Avenue (LSHD) Interior remodel and addition to existing 2story + basement single family residence including new roofed porch at east side, 2story + basement addition to the south side, 1story addition to north side, window replacement and roof reconfiguration at east side. Chris Bremer, architect presented the project. C. Bremer said they are proposing alterations to the front east elevation by removing the center peak roof and constructing a gable across the second floor of the east elevation of the house. Also change the windows on the existing enclosed porch and constructing an open front porch. There is a one story addition on the north elevation and a two story addition on the south elevation. 595 of 608 APPROVED Page 7 of 7 Preservation Commission Commissioners expressed concern with the proposed front elevation where a gable roof is being added. Also they pointed out that the roof lines are not yet worked out. S. Utter said on the west elevation the onestory gable with a chimney is not correctly drawn. The roof should be a hip on the east. The Commission pointed out that there were errors on the elevation drawings. Garry Shumaker said even though there are many alterations to the house, the applicants should look at the alignment of windows, carefully look at what the elevations and what the rhythm of the structure is. He suggested building a small model of the structure to show it will come together. He also said it will be useful to see a second floor plan. J. Weiss said the proposed revisions on these elevations are significant changes to the house. Mary McWilliams said the house is a contributing structure for age; it is a Gothic cottage (vernacular) if the front elevation peak roof line is removed, and the history of the house is being removed. Don Ruther of 535 Judson said the little gable over the front door is not quite relevant to the rest of the house. The roof pitch of the proposed gable is not quite appropriate and looks more suburban. He suggested about the existing porch to at least make some logic of the little window above, the three windows on the second floor don’t seem to relate anything very clearly, and the roof along the side either. Chris Bremer agreed to withdraw the application until next meeting. COMMUNICATIONS No Communications. ADJOURNMENT I was motioned (J. Weiss) and seconded (A. Riseborough) to adjourn the meeting at 9:40 p.m. on November 20, 2012. The motion passed. Vote: 7 ayes, 0 nays. Respectfully submitted, Carlos D. Ruiz Preservation Coordinator, Community and Economic Development Department/ Planning and Zoning 596 of 608 APPROVED Page 1 of 8 Preservation Commission MEETING MINUTES EVANSTON PRESERVATION COMMISSION Tuesday, December 18, 2012 7:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2200 Members Present: Susan Farrand, Kris Hartzell, Andres Lombana, Anne McGuire, Garry Shumaker and Jack Weiss Members Absent: Dian Keehan, Amy Riseborough, Scott Utter Staff Present: Carlos D. Ruiz Presiding Member: Garry Shumaker Declaration of Quorum With a quorum present, Chairman G. Shumaker called the meeting to order at 7:06 p.m. APPROVAL OF MEETING MINUTES of March 20, May 15, September 18, and November 20, 2012. No minutes approved. COMMITTEE REPORTS A. Survey SubCommittee Phase II Grant Update This item was discussed at the end of the meeting, at which time the Commission discussed ways of providing the information gathered in the Lakeshore Historic District Survey. The Commission could be more effective communicating to citizens the difference between national landmarks vs. local landmarks. The information about sustainability could be placed on the City’s Preservation Commission page including resources for energy efficiency, information on window restoration and replacement. STAFF REPORTS No staff report. UNFINISHED BUSINESS A. 1622 Forest Place (L/LSHD) – Demolition of existing coach house. Construction of a new sixcar coach house in place of existing coach house on alley. 597 of 608 APPROVED Page 2 of 8 Preservation Commission Paul Janicki, architect presented the project. P. Janicki said the porte cochere has been removed as requested; the main roof of the carriage house has been lowered. Other revisions include: the halftimbering, window placements, the chimney is attached to the end of the structure, the garage doors are the same, and the window locations have been shifted to accommodate the smaller spaces. The northern most carriage house door on the east side of the structure is the most notable change to the main body of the carriage house. The height was 28’ now is 26.4”. It was moved (K. Hartzell) and seconded (J. Weiss) to issue a COA for the coach house at 1622 Forest Place given that it meets standards for review of construction 15, 713 and 16. The motion passed. Vote: 5 ayes, 1 nay. It was moved (K. Hartzell) and seconded (J. Weiss) to approve the demolition of the existing coach house at 1622 Forest Place in that standards for review of demolition apply. The motion passed. Vote: 6 ayes, 0 nays. B. 604 Judson Avenue (LSHD) Interior remodel and addition to existing 2story + basement single family residence including new roofed porch at east side, 2story + basement addition to the south side, 1story addition to north side, window replacement and roof reconfiguration at east side. Chris Bremer, architect and Jeff Scales, owner presented the project. C. Bremer said last month they sought feedback from the Commission regarding the peak over the front room, the consistency of the proposed windows, the peak of the roof as well as the porch on the southwest corner of the house and the pitch of the roof on the addition and the addition. Chris Bremer said they tried to match better the south elevation porch with the front porch. They are keeping the first floor windows on the south elevation rather than installing new patio doors. The kitchen windows on the south are consistent with the windows on the existing enclosed front porch. The master bedroom has windows consistent with those of the second floor secondary bedrooms. The west elevation the master bedroom has windows consistent with secondary bedroom windows. The porch/family room windows are consistent with the other two family room windows. The dining room windows on the north elevation are consistent with the living room windows and the mudroom/kitchen windows are also consistent with the dining room and living room windows. Chris Bremer said regarding the peak roof at the front of the house, they would like to take the Gothic Cottage roof and turn it into a more traditional gable roof for the east elevation (proposed elevation B). J. Scales said the gable roof blends in with the surrounding houses. He said the house was approved for demolition 5 years ago. He said the house does not have historical significance. S. Farrand asked about the windows on the north elevation. C. Bremer said they are consistent in the size with the ones adjacent to the left. K. Hartzell asked if they 598 of 608 APPROVED Page 3 of 8 Preservation Commission are proposing altering the east elevation gable, but not the north elevation gable. C. Bremer said yes. Anne McGuire asked for information on the issues discussed at the last meeting. C. Ruiz said the application was for the front east elevation to replace the roof line with a gable (elevation B). The windows on the addition were not consistent with some of the other windows. J, Weiss said the proposed south elevation shows the new addition lower than the existing house. He asked if land is being excavating. C. Bremer said they are grading down rather than having window wells for egress. The setback is 20’ from the lot line on the south. J. Weiss said the gable on elevation B is not consistent with the other sides of the house (north and south elevations have the peak). Garry Shumaker said it is not an issue of leaving what is there, but it’s the scale and the proportion; all the gables that exist on the house now are rather steep and are very intentional; they either create symmetry or they anchor a corner. The proposed gable is long and flat and stretches across the face of the house. Proportionally, the gable does not achieve a giving a presence on the front façade. The covered porch on the front, it is a long low sloping roof that comes out just over the porch. Susan Farrand said she would like to keep the peak roof on the front elevation. She wanted to keep consistency of the roofs in reference to the porch roof and the roof on the north and east façades. G, Shumaker said the roof forms as they intersect existing additions and new additions did not come together very cleanly. Jeff Scales said adding the porch will help and give some depth to the house. He said the north and south elevations look fine, the only elevation that needs change is the east elevation. Mary McWilliams said proposed elevation B makes the house look very bloated. She agreed with retaining the existing peak roof on the east façade. K. Hartzell said the house has been altered numerous times, but the one thing that is consistent that is showing the original house is that roof line [east elevation] and the other two roof lines. Anne McGuire wondered if some symmetry in the fenestration will help. The Commission suggested dealing with the location of windows on the front façade. The Commission requested more detail drawings for the front porch columns and balustrade for administrative review. They arrived to the consensus to retain the Gothic Cottage peak roof on the front east elevation. It was moved (J. Weiss) and seconded (A. McGuire) to approve the COA for the alterations at 604 Judson Avenue as follows: East elevation: first floor, replacement of four windows in the enclosed porch; second floor, remove existing bathroom window, enlarge opening and install new window to match the existing two bedroom windows. North elevation: first floor remove five windows on existing onestory addition, enlarge openings and install five new windows. South elevation: first floor, replace four windows by deck area and replace two windows in the enclosed porch 599 of 608 APPROVED Page 4 of 8 Preservation Commission as standards for review of alteration 110 apply and are met. The motion passed. Vote: 5 ayes, 1 nay. It was moved (J. Weiss) and seconded (K. hartzell) to approve a COA for additions at 604 Judson as follows: East elevation, construction of onestory open porch [retaining the Gothic Cottage peak roof on the second floor] – not elevation B. North elevation, onestory addition. South/west elevation, construction of twostory addition with screen porch on the first floor with basement, and new wood deck on the first floor. J. Weiss amended his motion to include that the applicant will submit to staff detail drawings for the front porch. K. Hartzell seconded the amendment. The motion passed as amended. Vote: 5 ayes, 1 nay. It was moved (S. Farrand) and seconded (A. McGuire) to issue a COA for demolition at 604 Judson for removal of existing porches and terraces as standards for review of demolition 15 apply. The motion passed. Vote: 6 ayes, 0 nays. NEW BUSINESS A. 912 Sheridan Road (LSHD) – Replacement of front wood door. [Alteration] Ken Hazlett, architect and Jay Latin, owner presented the project. K. Hazlett said he applied for the building permit thinking he was doing the right thing. However, he did not indicate on the building permit application that the front door was going to be replaced. The existing front door was replaced with a new door. He said the new replacement front door does not call attention when viewed from the sidewalk and it is behind a glass storm door. He said the original door was not repairable. The new door is wood and painted in black. J. Latin said that every unit in his building is different and that he obtained approval from the owner’s association board. The Commission discussed the issue and decided to allow Commissioners visit the site to have a better understanding of the situation. It was moved (S. Farrand) and seconded (A. Lombana) to table action of the application until the next meeting in January 2013. The motion passed. Vote: 6 ayes, 0 nays. B. 586 Ingleside Park Place (L) Repurpose the existing back porch to become part of the kitchen. Add new back porch at location of existing stair. Add new stair to south and west of new porch. [Construction] Susan Rundle, architect, presented the project. S. Rundle said the project includes the addition to the kitchen and the construction of a new porch next to it on the south elevation. The slate roof will be extended to cover the porch. The existing door will be reused. The new concrete stairs will come down south and west. The new balustrade with 1 ¼” spindles and 4” newel will match existing. On the west elevation, first floor the existing arched window will be removed, the opening will be 600 of 608 APPROVED Page 5 of 8 Preservation Commission reduced and new casement wood window will be installed to match the windows to the north. It was moved (A. McGuire) and seconded (J. Weiss) to approve the COA for the expansion of the kitchen at 586 Ingleside Park Place in that standards for review of construction 1, 3, 7, 8, 10, 1215 have been met. The motion passed. Vote: 6 ayes, 0 nays. It was moved (K. Hartzell) and seconded (A. Lombana) to issue a COA for demolition at 586 Ingleside Park Place for removal of the rear stairs and balustrade, and the removal of the arch window on the first floor west elevation in that standards for review of demolition 15 have been met. The motion passed. Vote: 6 ayes, 0 nays. C. 2310 Central Park Avenue (L) Construction of a new detached frame 2car garage, 24’ x 24’ with roof pitches to match existing house. [Construction] DonnaLee Floeter, architect, and Michael Wood, owner presented the project. D. Floeter said the project is to build a detached 2car garage at the rear of the lot. The roof of the garage mimics the double sloped roof on the house. The exterior material is painted cedar siding. It was moved (K. Hartzell) and seconded (A. Lombana) to approve a COA for construction at 2310 Central Park Avenue for the construction of a 2car detached garage in that it meets standards for review of construction 15, 7, 8, 1013 and 16. The motion passed. Vote: 6 ayes, 0 nays. D. 2145 Sheridan Road (Landmark Lot of Record) Construction of a sixstory addition to the Technological Institute at 2145 Sheridan Road on the Northwestern University Campus. The addition will occupy the space between H and K wings on the southwest side of the building that is currently occupied by a onestory addition built in 1968. The addition will be nearly identical to the two recent additions to the Technological Institute which have been recently completed. [Construction/Demolition] Matt Garrett, architect and Quentin Bruhn of Northwestern University presented the project. M. Garrett said that the proposed work consists of a sixstory addition on the south elevation with cast medallions, stone corners and decorative metal spandrels replicating an existing ornament. There is a new elevator and a new generator screen with limestone to match the existing. The new windows will match the existing windows. It was moved (A. McGuire) and seconded (K. Hartzell) to approve a COA for 2145 Sheridan Road for the sixstory addition with stone corners, metal spandrels, exterior limestone finish and generator in that standards for review of construction 1, 3, 5, 7, 810 and 1215 have been met. The motion passed. Vote: 5 ayes, 1 abstention. 601 of 608 APPROVED Page 6 of 8 Preservation Commission It was moved (A. McGuire) and seconded (K. Hartzell) to approve a COA for demolition at 2145 Sheridan Road for the demolition of the onestory existing addition in that it meets standards for review of demolition 15. The motion passed. Vote: 5 ayes, 1 abstention. E. 2110 Orrington Avenue (NEHD) Construction of a one story addition with basement to the rear (west) of the home and the construction of a side and rear porch connected to the existing front and side porch, and the repair and structural remediation of an existing 2 nd story addition (also interior renovation to the basement and portions of the existing first and second floor including a full electrical renovation throughout). Requires minor zoning variation for proposed 31.3% building lot coverage where a maximum 30% is allowed. [Construction] Doug Snider, and Thomas Ahleman, architects presented the project. D. Snider said Edgar Ovet Blake designed the Tudor Revival house at 2110 Orrington in 1898. The house has stucco and half timber exterior finish, brick piers and foundation. The project calls for the construction of a onestory addition at the rear of the house and the extension of the covered porch on the south elevation and ending on the rear of the house. The hip roof line of the addition and dormer echoes the hip roof line of the house. The roof material is asphalt shingles, exterior wood trim, wood windows and brick foundation. Doug Snider said the proposed additions requires a zoning variation for the proposed 32.3% building lot coverage where maximum 30% lot coverage is allowed. Liz Webster of 2106 Orrington expressed her concern with the water flow over her adjacent property to the south of 2110 Orrington. She wanted to make sure that the City will have a say where rain water should go during a storm. It was moved (A. McGuire) and seconded (A. Lombana) to issue a COA for construction at 2110 Orrington Avenue in that the standards for review of construction 18 and 1015 have been met. The motion passed. Vote: 6 ayes 0 nays. It was moved (A. McGuire) and seconded (J. Weiss) to recommend to Zoning the zoning variation for the proposed 32.3% building lot coverage for the proposed one story addition at 2110 Orrington Avenue in that standards for zoning variation A and C. The motion passed. Vote: 6 ayes, 0 nays. F. 2412 Lincolnwood Drive (L) – Twostory rear addition to existing structure, demolition of existing accessory structure, construction of new accessory structure, replacement of existing windows. [Alteration/Construction/ Demolition] Mark Downey, Margery Gascon, architects, Heidi Sidenberg, landscape architect and Dan Reinberg, owner presented the project. M. Downey said the 1928 house at 602 of 608 APPROVED Page 7 of 8 Preservation Commission 2412 Lincolnwood has had several additions over the years including the creation of a third floor dormer and a substantial addition to the west that was abandoned in the 1960s. M. Downey said they are proposing the demolition of the existing detached onecar garage, the construction of a new detached twocar garage. The exterior materials are wood siding to match the existing and stucco and halftimbering, a gable roof with cedar shake. Mark Downey said they are also proposing the construction of a twostory addition to the rear of the house on the west elevation. A casement arched window on the west elevation will be restored. The materials are brick, stone veneer, aluminum clad wood windows, and wood shakes on the roof. They proposed restoring on the east elevation, first floor, two windows and replace five windows on the first and second floor under the gable. On the north elevation they proposed replacing on the first floor three casement windows in kind, infill a window opening with brick to match the existing brick. On the second floor, replace one casement window infill one window opening with brick to match existing and install a new double hung window. On the third floor dormer, replace one casement window in kind and install a new casement window. It was moved (K. Hartzell) and seconded (A. McGuire) to approve a COA for construction of a twostory rear addition and a twocar detached garage at 2412 Lincolnwood as they meets standards for review of construction 115. The motion passed. Vote: 6 ayes, 0 nays. It was moved (K. Hartzell) and seconded (A. Lombana) to approve a COA for alteration for 2412 Lincolnwood for the replacement of five nonoriginal windows on the front east elevation, three windows on the north side with casement windows. Remove two windows on the north side and install three new windows on the north side as it meets standards for review of alteration 16, 9 and 10. The motion passed. Vote: 6 ayes, 0 nays. It was moved (J. Weiss) and seconded (K. Hartzell) to approve a COA for the demolition of the existing garage at 2412 Lincolnwood as it meets standards for review of demolition 15. The motion passed. Vote: 6 ayes, 0 nays. G. Discussion: Schedule of Special Meeting in January 2013 with Northwestern University (before the January 15, 2013 meeting) to hold a workshop session to discuss Northwestern University’s North Campus Parking Garage and other project plans. Garry Shumaker informed the Commission that he attended a meeting the Mayor Tisdahl and Ron Nayler of Northwestern University where the University agreed to begin discussions earlier with the Preservation Commission when dealing with significant projects in the future affecting the Evanston campus. R. Nayler agreed to have a workshop about the University’s framework plan for the Evanston campus. 603 of 608 APPROVED Page 8 of 8 Preservation Commission Garry Shumaker said this workshop will give Commissioners the opportunity to ask questions on future projects affecting the landmark lot of record within the Evanston campus. The Commission provided the date for the workshop with Northwestern University on Thursday, January 10, 2013 at 7 p.m. COMMUNICATIONS No communications. ADJOURNMENT The meeting was moved (S. Farrand) and seconded (K. Hartzell) to adjourn. A voice vote was taken and the motion was approved at 11:10 p.m., December 18, 2012. Respectfully Submitted, Carlos D. Ruiz Preservation Coordinator, Community and Economic Development Department/ Planning & Zoning 604 of 608 DRAFT NOT YET APPROVED MEETING MINUTES (Excerpt) PRESERVATION COMMISSION Tuesday, March 19, 2013 7:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2200 Members Present: Suzanne Farrand, Anne McGuire, Amy Riseborough, Garry Shumaker, Scott Utter and Jack Weiss Members Absent: Kris Hartzell, Dian Keehan and Andres Lombana Staff Present: Carlos D. Ruiz Presiding Member: Garry Shumaker, Chair Declaration of Quorum With a quorum present, Chairman Shumaker called the meeting to order at 7:13 p.m. NEW BUSINESS B. 1622 Forest Place (L/LSHD) The proposed use, a Bed & Breakfast, requires a Special Use and Ordinance adoption from the Evanston City Council prior to the issuance of any building permits. The Preservation Commission previously approved: New elevator bay on north elevation, new accessible ramp and modification of balustrade on east elevation, removal of two dormer windows, removal of 1960's addition on west elevation, new pilasters and removal of stair on west elevation, new terrace on southern corner, new land depression and basement window and doors on south elevation, new coach house in place of existing coach house on alley, addition of wood trim on second story of house. [Special Use] Paul Janicki, architect presented the project. J. Janicki said that the proposed work on the house, the demolition of the existing garage and the construction of a new coach house were previously approved. He said he is presenting the special use application for a bed and breakfast with a companion carriage house. The house is four stories. The top story will be in keeper’s apartment, the second floor will be the five suites bedrooms and bathrooms. The basement will be underpinned with mechanical equipment with laundry rooms, exercise rooms and bathrooms. 605 of 608 DRAFT NOT YET APPROVED Paul Janicki said the carriage house will have an apartment on the second floor and with the same tenant as it does now. As far as the proposed use as a bed and breakfast there is not anything that is detrimental to the community nor would it have an adverse effect on the health and welfare of people. Cars are going into the carriage house from the alley as it currently occurs. Andrew Scott attorney representing the applicant said the use of the carriage house will continue as it is today; there will be a tenant on the second floor. The intent is not to use the carriage house in connection with the bread and breakfast at all. Carlos Ruiz noted that the purview of the Commission as far the special use is limited to lot coverage, yard requirements, parking, building height, fences or landscaping. It was motioned (J. Weiss) and seconded (S. Farrand) to recommend to City Council approval of the special use for the property at 1622 Forest Place as it meets standards AC for special use/variations. The motion passed. Vote: 6 ayes, 0 nays. Respectfully Submitted, Carlos D. Ruiz Preservation Coordinator, Community and Economic Development/Planning and Zoning 606 of 608 Date: June 5, 2013 To: Planning and Development Committee Cc: Evanston City Council RE: Bed and Breakfast Ordinance It is our understanding that on June 10, 2013, the Planning and Development (P&D) Committee of City Council will consider a request for a special use permit to operate a bed & breakfast (B&B) at 1622 Forest Place. Less than two years ago, when the Council issued a special use permit to James Pritzker to operate a B&B at 300 Church Street, his attorney denied that he had plans for more B&Bs in the neighborhood. But in April, the City’s Zoning Board of Appeals (ZBA) considered a second request from Mr. Pritzker, and voted not to recommend a permit for 1622 Forest Place, which is in the same block as 300 Church Street. In a letter to you on April 20, 2012, the Southeast Evanston Association expressed support of the Plan Commission’s recommendation that the City adopt a standard for a m inimum distance of 900 feet between B&B establishments. B&Bs will inevitably introduce a certain amount of commercial use into a residential neighborhood. A required separation will limit the effects of this commercial use on a small residential area. As you take up the issue of a special use permit for 1622 Forest Place, we urge you to consider this standard and avoid a concentration of B&Bs on a single block. SEA also notes that, according to the City’s existing Special Use Standard C, a special use permit cannot be granted if the special use causes “a negative cumulative effect … on the immediate neighborhood.” Concerns about the cumulative impact of multiple B&Bs on one block include the traffic from deliveries of laundry, food, and supplies, the potential for noise from parties and other events, and the impact on street parking. Finally, should the Council again choose to override the ZBA’s decision, it is important that the permit be granted to the owner/operator rather than to the property, with the stipulation that future owners need to re-apply if they want to put the property to a special use. As expressed in our previous letter, we continue to believe that: It is vital for a B&B to be operated by a resident owner who has a majority interest in the B&B. Such a requirement helps to ensure that the owner/operator has a residential stake in Evanston as well as a commercial one. 607 of 608 It is critical that the Council place limits on the number of parties, weddings, and other similar events that can involve a large number of people and have a substantial negative impact on neighbors. It is important the the Council limit B&B parking to on-site and leased off-site only. In many neighborhoods, the use of street parking can seriously affect parking for homeowners and their guests and negatively impact the residential experience for which the area is zoned. We thank you for your consideration. 608 of 608