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10.22.12
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, October 22, 2012 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 Tendam (II) Mayor Public Announcements and Proclamations Tag’s Bakery & Pastry Shop 75th Anniversary (III) City Manager Public Announcements Bike Friendly Community Award New City Website and 311 Features (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 Orders of Business (SP1) Northwestern University Application for Appeal of Preservation Commission Denial (SP2) Sidewalk Maintenance 1 of 551 City Council Agenda October 22, 2012 Page 2 of 8 10/18/2012 5:03 PM (VII) Consent Agenda: Alderman Rainey (VIII) Report of the Standing Committees Administration & Public Works - Alderman Grover Planning & Development - Alderman Fiske 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 ORDERS OF BUSINESS (SP1) Northwestern University Application for Appeal to City Council of Preservation Commission Decision Denying Certificate of Appropriateness for 1841 Sheridan Road – Visitor Center and 435 Car Parking Garage Staff recommends that the City Council accept Northwestern University’s Application for Appeal to Council in regard to the Preservation Commission’s denial of a Certificate of Appropriateness for the construction of a Visitor Center and 435 car parking garage at 1841 Sheridan Road. For Action (SP2) 50/50 Sidewalk Maintenance Program The Public Works Department will make a presentation on the 50/50 Sidewalk Maintenance Program. The presentation will focus on how temporary maintenance is performed. For Discussion CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of September 24, 2012 (M2) Approval of Minutes of the Special City Council Meeting of October 8, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 10/07/12 $2,619,383.11 (A2) City of Evanston Bills FY2012 10/23/12 $2,686,300.59 2 of 551 City Council Agenda October 22, 2012 Page 3 of 8 10/18/2012 5:03 PM (A3) Approval of Contract for Insurance Consulting Services with Mesirow Financial Services, Inc. (RFP 12-168) Staff recommends City Council authorization for the City Manager to sign a contract for Insurance Consulting Services with Mesirow Financial Services, Inc., (353 North Clark Street, Chicago, IL) in the total amount of $49,500. Funding is provided in the Insurance Fund Account 7800.62615. For Action (A4) Approval to Provide Free Holiday Parking in the City’s Three Downtown Self-Park Garages and Lot 60 Located at 1234 Chicago Avenue The Transportation/Parking Committee and City staff recommend approval to provide free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 22, 2012 through Tuesday, January 1, 2013. For Action (A5) Approval of Chicago Transit Authority Intergovernmental Agreement Staff recommends City Council authorization for the City Manager to sign a three-year intergovernmental agreement between the Chicago Transit Authority (CTA) and Evanston Police Department for uniformed patrols on the CTA purple line and CTA elevated platforms. Funding provided by the CTA is estimated at $200,112 per calendar year with a contract rate of $38 per hour. For Action (A6) Approval of District 202 Rock Salt Agreement for 2012/2013 Staff recommends City Council authorize the City Manager to sign an agreement with Evanston School District 202 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee for the period November 15, 2012 through April 15, 2013. For Action (A7) Approval of District 65 Rock Salt Agreement for 2012/2013 Staff recommends City Council authorize the City Manager to sign an agreement with Evanston School District 65 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee for the period November 15, 2012 through April 15, 2013. For Action 3 of 551 City Council Agenda October 22, 2012 Page 4 of 8 10/18/2012 5:03 PM (A8) Resolution 71-R-12 Authorizing an Intergovernmental Agreement with the Village of Skokie for Use of the Fire Station 17 - Training Facility Staff recommends that Council authorize the City Manager to enter into an Inter- Governmental Agreement (IGA) with the Village of Skokie. The IGA is for the use and maintenance of the Village of Skokie- Fire Station 17 – Training Tower, located at 8157 Central Park in Skokie, Illinois. The initial participation cost to the City of Evanston will be $286,000. Funding will be provided by the Capital Improvement Program Project Number 415829. Funding after the initial capital improvement for annual maintenance costs will be provided by Fire Department account 2305. 62360. For Action (A9) Resolution 72-R-12 Authorizing the Transfer of $704,263 of Motor Fuel Tax Funds for General Maintenance of Streets Staff recommends approval of Resolution 72-R-12 by which City Council would authorize the transfer of $704,263 of Motor Fuel Tax Funds for general maintenance of streets by City forces. The fund transfer was approved as part of 2012 budget. For Action (A10) Resolution 74-R-12 Approving Solid Waste Agency of Northern Cook County (SWANCC) as a Listed Entity for Health Insurance Staff recommends approval of Resolution 74-R-12 authorizing the City Manager to execute an intergovernmental agreement with SWANCC for the provision of health insurance as a component unit of the City within the Intergovernmental Personal Benefits Cooperative (IPBC). SWANCC will be responsible for all insurance premium costs and fees and will also receive increases/decreases in plan costs equal to the City’s plan costs each year. For Action (A11) Ordinance 62-O-12; Amending the City Code and the Civil Service Commission Rules Staff requests consideration of Ordinance 62-O-12, which amends Title 2, Chapter 3 of the City Code to address state law amendments to the Fire Department hiring process, expands the number and role of the commissioners in the hiring process for new police officers and firefighters, and addresses changes in the hiring practices within the Division of Human Resources. For Introduction (A12) Ordinance 116-O-12, to Add “Drive” as an Available Street Designation Staff recommends adoption of Ordinance 116-O-12 which amends Section 7-2-3 of the Evanston City Code of 2012, as amended, (the “Code”) to include “drive” as an available street designation. For Introduction 4 of 551 City Council Agenda October 22, 2012 Page 5 of 8 10/18/2012 5:03 PM (A13) Ordinance 126-O-12, Amending Ordinance 28-O-11 Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends approval of Ordinance 126-O-12 modifying previously adopted Ordinance 28-O-11 that authorized the City to borrow funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation Phase I project. This ordinance modifies Ordinance 28-O-11 authorizing the City to borrow up to $4,000,000. The debt service will be paid from the Sewer Fund. For Introduction (A14) Ordinance 113-O-12, Increasing the number of Class B Liquor Licenses Permitting Issuance to 27 Live Staff recommends adoption of Ordinance 113-O-12, which amends Subsection 3-4-6-(B) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class B liquor licenses from 16 to 17 to permit issuance of a liquor license to 27 Live, LLC, 1012-14 Church Street . For Introduction (A15) Ordinance 118-O-12, Decreasing the Number of Class D Liquor Licenses Due to the Closure of Mecafresh Staff recommends adoption of Ordinance 118-O-12, which amends Subsection 3-4-6-(D) of the Evanston City Code of 2012 (“City Code”), as amended, to decrease the number of Class D liquor licenses from 25 to 24 due to the closure of Mecafresh, 1840 Oak Avenue. For Introduction (A16) Ordinance 122-O-12, Increasing the Number of Class Y Liquor Licenses Permitting Issuance to Wine Goddess, LLC Staff recommends adoption of Ordinance 122-O-12, which amends Subsection 3-4-6-(Y) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class Y liquor licenses from two to three to permit issuance to Wine Goddess, LLC, 702 Main Street. For Introduction (A17) Ordinance 123-O-12, Increasing the Number of Class B1 Liquor Licenses Permitting Issuance to Cheesie’s Evanston, LLC Staff recommends adoption of Ordinance 123-O-12, which amends Subsection 3-4-6-(B1) of the Evanston City Code of 2012 (“City Code”), a s amended, to increase the number of Class B1 liquor licenses from five to six to permit issuance to Cheesie’s Evanston, LLC, d/b/a Cheesie’s Pub & Grub, 622 Davis Street. For Introduction 5 of 551 City Council Agenda October 22, 2012 Page 6 of 8 10/18/2012 5:03 PM (A18) Ordinance 124-O-12, Increasing the Number of Class B1 Liquor Licenses Permitting Issuance to Clarke’s on Orrington, Inc. (d/b/a JT’s Bar and Grill) Staff recommends adoption of Ordinance 124-O-12, which amends Subsection 3-4-6-(B1) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class B1 liquor licenses to seven (with adoption of Ordinance 123-O-12) to permit issuance to Clarke’s on Orrington, Inc., d/b/a JT’s Bar and Grill, 1639 Orrington. Suspension of the Rules is requested for Introduction and Action by City Council on October 22. 2012. For Introduction and Action (A19) Ordinance 128-O-12: Visitors Center Fire Lane Construction Project Agreement and Lease Agreement with Northwestern University Staff requests consideration of Ordinance 128-O-12, authorizing the City Manager to negotiate and execute a Project Agreement and a Lease Agreement with Northwestern University for City-owned property located at the northeast corner of Sheridan Road and Campus Drive. For Introduction (A20) Ordinance 109-O-12, Amending Title 3, Chapter 4, Section 6 of the City Code to Create a Liquor License Classification for Craft Breweries Ordinance 109-O-12 amends Title 3, Chapter 4, Section 6 of the Evanston City Code of 2012, as amended (“Code”), to create a liquor license classification applicable to craft beer breweries. If adopted, Class P-1 liquor licensees will be permitted to offer for retail sale their craft beer for consumption onsite or offsite. This ordinance was introduced at the October 8, 2012 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 69-O-11 Amending the Zoning Ordinance to Remove the Prohibition on Drive-Through as a Special Use on the Property Located at 2628 Gross Point Road (Chase Bank) Evanston Plan Commission and staff recommend that the City Council approve Ordinance 69-O-12 to amend the Zoning Ordinance of the Central Street Overlay District (oCSC) Subarea 6, to allow consideration of a Chase Bank drive-through as a special use only on the parcel at 2628 Gross Point Road. For Introduction (P2) Ordinance 119-O-12 Amending the Approved Planned Development at 635 Chicago Avenue (Walgreens) City staff recommends the adoption of Ordinance 119-O-12, amending the Planned Development as granted in Ordinance 36-O-12 adopted May 14, 2012 by the Evanston City Council for the development of a new Walgreens at 635 Chicago Avenue. For Introduction 6 of 551 City Council Agenda October 22, 2012 Page 7 of 8 10/18/2012 5:03 PM (P3) Ordinance 120-O-12, Granting a Special Use for Northwestern University Scoreboards at 2250 Sheridan Road Zoning Board of Appeals, Sign Review and Appeals Board, and City staff recommend the adoption of Ordinance 120-O-12 granting a special use permit for scoreboards at 2250 Sheridan Road. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use for the T2 District. For Introduction (P4) Ordinance 121-O-12, Granting a Special Use for a Type 2 Restaurant at 843 Dodge Avenue (The Famous Burrito) Zoning Board of Appeals and City staff recommend the adoption of Ordinance 121-O-12 granting a special use permit for the operation of a Type 2 Restaurant at 843 Dodge Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use for the C1 District. The applicant plans to open The Famous Burrito, an owner-operated eat-in and takeout restaurant on the southeast corner of Dodge Avenue and Main Street. For Introduction (P5) Ordinance 72-O-12 Amending the Zoning Ordinance – Residential Building Height, Dormer Size and Location, Half Stories, Accessory Structure Height, and Legal Nonconformities in the R1, R2, R3, R4 and R4a Districts The Plan Commission and City staff recommend adoption of the proposed regulation changes for residential building height, dormer size and location, half stories, accessory structure height, and legal nonconformities in the R1-R4a Districts. This ordinance was introduced at the October 8, 2012 City Council meeting. For Action APPOINTMENTS (APP1)For Appointment To: Arts Council Greg Allen Arts Council Lisa Degliantoni MEETINGS SCHEDULED THROUGH OCTOBER 2012 Upcoming Aldermanic Committee Meetings: Wed, Oct 24 6:00 PM Transportation/Parking Committee Wed, Oct 24 7:30 PM Economic Development Committee Mon, Oct 29 7:00 PM City Council Meeting: Budget Discussion 7 of 551 City Council Agenda October 22, 2012 Page 8 of 8 10/18/2012 5:03 PM 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. 8 of 551 For City Council meeting of October 22, 2012 Item SP1 Business of the City by Motion: Appeal to City Council of Northwestern University Visitor Center and Garage at 1841 Sheridan Road For Action To: Honorable Mayor and Members of the City Council From: Steve Griffin, Director, Community & Economic Development Dennis Marino, Planning & Zoning Manager Carlos Ruiz, Preservation Coordinator Subject: Application for Appeal to City Council 1841 Sheridan Road – Visitor Center and 435 Car Parking Garage Preservation Commission Decision Denying Certificate of Appropriateness Appellant: Northwestern University Date: October 18, 2012 Recommended Action: Staff recommends that the City Council accept Northwestern University’s Application for Appeal to Council in regard to the Preservation Commission’s denial of a Certificate of Appropriateness for the construction of a Visitor Center and 435 car parking garage at 1841 Sheridan Road. The proposed structure sits on the Evanston Northwestern University Campus on a landmark lot of record where 12 designated Evanston landmark buildings are located, including Fisk Hall at 1845 Sheridan Road. The proposed Visitor Center and parking garage structure is located approximately 104 ft. from Fisk Hall a designated Evanston landmark. Summary: Per City Code Title 2, Chapter 8, Section 2-8-2 Definitions : Landmark is defined as: “A property, structure, site or object designated as a "landmark" by the Council that has a high degree of historic, cultural, architectural or archaeological significance to the City of Evanston. For purposes of this Chapter and unless otherwise expressly provided by Council in the ordinance for designation, all designations shall presumptively include the lot(s) of record associated with the structure or object designated as a landmark.” Northwestern University applied for a Certificate of Appropriateness for the construction of a new visitor center and 435 car parking garage at 1841 Sheridan Road. The proposed structure is located in part within a landmark lot of record where 12 designated Evanston landmark buildings are also located within. Fisk Hall at 1841 Sheridan Road, designed by Daniel Burnham, is a designated Evanston landmark Memorandum 9 of 551 Page 2 of 5 within the same lot of record as the proposed Visitor Center and parking garage and it is 102 ft. west of the proposed structure. The Preservation Commission reviewed the application in three consecutive public meetings: August 21, September 18 and October 16, 2012. At the October 16, 2012 public meeting the Preservation Commission passed a motion to deny the Certificate of Appropriateness for the construction of the Visitor Center and parking garage citing that the applicable standards for review of construction were not met. Vote: 7 ayes, 2 abstentions. Legislative History: Northwestern University presented the application for Certificate of Appropriateness to the Preservation Commission in three consecutive public meetings: August 21, September 18, and October 16, 2012. At the August 21 meeting, Northwestern University presented to the Preservation Commission the proposed Visitor Center and parking garage designed by Perkins + Will. The Visitor Center located on the lower level of the structure includes an auditorium with approximately 160 seats, meeting rooms, offices and two story reception area. The predominant exterior materials are glass, limestone and concrete. The north and east elevations are opened and screened with fabric fins. The west and south elevations have a glass curtain wall and limestone exterior walls. The height of the building is approximately 84’-9” to the top of the curtain wall and 94’-7” to the top of the cornice. The Commission’s primary concerns about the structure were its height, location, and its impact on the adjacent Fisk Hall, an Evanston Landmark designed by Daniel Burnham. The Commission requested Northwestern University to submit illustrations that will show the Visitor Center and parking garage in context with Fisk Hall and its immediate surroundings. The Commission tabled the item to September 18, 2012. Northwestern University presented the requested illustrations to the Preservation Commission on September 18, 2012. The illustrations show before and after photos from Sheridan Road looking east and from Sheridan Road looking north to the proposed site of the Visitor Center and parking garage. The photos show trees with full foliage (where Fisk Hall is not visible, but the top of the parking garage is) and without foliage (where Fisk Hall and the Visitor Center and Parking garage are visible). Another illustration is an elevation drawing showing the south elevation of Fisk Hall and the Visitor Center and parking garage with the height of the buildings. Fisk Hall is approximately 86’-0’’ high at the top of ridge. The Visitor Center and parking garage is 94’-7” high at the top of cornice. The project requires the construction of a fire lane and biking path to the south of the Visitor Center and parking garage. The fire lane and biking path are located within the Lakeshore Historic District which extends from Sheridan Road to Lake Michigan. 10 of 551 Page 3 of 5 The Preservation Commission’s concerns expressed at the August 21 meeting about the Visitor Center’s height, location and impact on Fisk Hall remained unchanged. Commission members indicated that they did not have an issue with the design of the Visitor Center, but the height of the building was not compatible with the height of Fisk Hall. The Commission also suggested moving the building further north, away from the south property line and the Lakeshore Historic District. A motion to approve the Visitor Center and parking garage was not seconded and not acted upon. Northwestern University then asked to table the item to October 16, 2012. At the October 16 public meeting, Northwestern University submitted additional graphic information showing the context of the area adjacent to the site of the proposed Visitor Center and parking garage. Northwestern University also addressed the 17 standards for review of construction. After hearing public comments and discussing the application, the Commission passed a motion to deny the Certificate of Appropriateness for the construction of the Visitor Center and 435 parking garage, finding that the application did not meet the applicable standards for review of construction 1-14 and 16. Vote: 7 ayes, 2 abstentions. Following the conclusion of the review, Northwestern University submitted an application for appeal to the City Council. Appeals and Authority to Review: Title 2, Chapter 8, Section 2-8-8.- Certificate of Appropriateness (G) 7. states: “The authority to review, grant, and/or deny appeals of certificate of appropriateness pursuant to Subsection (G) shall vest in the Planning and Development Committee so long as the membership of said Committee consists of all seated Aldermen. Otherwise, said authority with the City Council or its duly authorized committee.” Pursuing Title 2, Chapter 8, Section 2-8-8.- Certificate of Appropriateness (G) 5. states: “The Planning and Development Committee [City Council] shall review the appeal solely on the basis of the record and application of the appropriate standards included in Section 2-8-9 of this Chapter.” Applicable Standards for Review of Construction: Title 2, Chapter 8, Section 2-8-9.- Standards for Review of Applications for Certificates of Appropriateness (B) Standards for review of construction. In considering an application for a certificate of appropriateness for construction, the Commission shall consider only the following general standards, specific design guidelines, if any, accompanying the ordinance designating the landmark or district, and the standards included in Subsection (E) of this Section: 1. Height. Height shall be visually compatible with properties, structures, sites, public ways, objects and places to which it is visibly related. 11 of 551 Page 4 of 5 2. Proportion of front facade. The relationship of the width to the height of the front elevation shall be visually compatible with properties, structures, sites, public ways, objects and places to which it is visually related. 3. Proportion of openings. The relationship of the width to height of windows and doors shall be visually compatible with properties, structures, sites, public ways, objects and places to which the building is visually related. 4. Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a structure shall be visually - compatible with properties, structures, sites, public ways, objects and places to which it is visually related. 5. Rhythm of spacing and structures on streets. The relationship of a structure or object to the open space between it and adjoining structures or objects shall be visually compatible with the properties, structures, sites, public ways, objects and places to which it is visually related. 6. Rhythm of entrance porches, storefront recesses and other projections. The relationship of entrances and other projections to sidewalks shall be visually compatible with the properties, structures, sites, public ways, objects and places to which it is visually related. 7. Relationship of materials and texture. The relationship of the materials and texture of the facade shall be visually compatible with the predominant materials used in the structures to which it is visually related. 8. Roof shapes. The roof shape of a structure shall be visually compatible with the structures to which it is visually related. 9. Walls of continuity. Facades and property and site structures, such as masonry walls, fences and landscape masses, shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street, to ensure visual compatibility with the properties, structures, sites, public ways, objects and places to which such elements are visually related. 10. Scale of a structure. The size and mass of structures in relation to open spaces, windows, door openings, porches and balconies shall be visually compatible with the properties, structures, sites, public ways, objects and places to which they are visually related. 11. Directional expression of front elevation. A structure shall be visually compatible with the properties, structures, sites, public ways, objects and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character. 12. Original qualities. The distinguishing original qualities or character of a property, structure, site or object and its environment shall not be destroyed. The alteration of any historic or material or distinctive architectural features should be avoided when possible. 13. Archaeological resources. Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to any project. 14. Contemporary design. Contemporary design for additions to existing properties shall not be discouraged when such additions do not destroy significant historic, cultural 12 of 551 Page 5 of 5 or architectural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. 15. New additions. Wherever possible, new additions to structures or objects shall be done in such a manner that if such additions were to be removed in the future, the essential form and integrity of the structure would be unimpaired. (Not applicable) 16. New construction. In considering new construction, the Commission shall not impose a requirement for the use of a single architectural style or period, though it may impose a requirement for compatibility. 17. Signs. Any sign that is readily visible from a public street shall not be incongruous to the historic character of the landmark or the district. Recommendations regarding signs are advisory only and may be referred to the Sign Review and Appeals Board for consideration. (Not applicable) ------------------------------------------------------------------------------------- Attachments: Northwestern University’s Application for Appeal to City Council Certificate of Appropriateness Application with illustrations submitted for the August 21, 2012 meeting. Before and after photos and elevation drawing showing the proposed Visitor Center and parking garage submitted for the September 18, 2012 meeting. Photos of existing buildings on the Evanston Northwestern University campus for the October 16, 2012 meeting. August 21, 2012 Preservation Commission meeting minutes (excerpt) September 18, 2012 Preservation Commission meeting minutes (excerpt) October 16, 2012 Preservation Commission meeting minutes (excerpt) 13 of 551 14 of 551 15 of 551 16 of 551 17 of 551 18 of 551 19 of 551 20 of 551 21 of 551 22 of 551 23 of 551 24 of 551 25 of 551 26 of 551 27 of 551 28 of 551 29 of 551 30 of 551 31 of 551 32 of 551 33 of 551 34 of 551 35 of 551 36 of 551 37 of 551 38 of 551 39 of 551 40 of 551 41 of 551 42 of 551 43 of 551 44 of 551 45 of 551 46 of 551 47 of 551 48 of 551 49 of 551 50 of 551 51 of 551 52 of 551 53 of 551 54 of 551 55 of 551 56 of 551 57 of 551 58 of 551 59 of 551 60 of 551 61 of 551 62 of 551 63 of 551 64 of 551 65 of 551 66 of 551 67 of 551 68 of 551 69 of 551 70 of 551 71 of 551 72 of 551 73 of 551 74 of 551 75 of 551 76 of 551 77 of 551 78 of 551 79 of 551 80 of 551 For City Council meeting of October 22, 2012 Item SP2 Special Order of Business: Sidewalk Maintenance Discussion For Discussion To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Subject: 50/50 Sidewalk Maintenance Program Discussion Date: September 19, 2012 Summary: The Public Works Department will be presenting a PowerPoint presentation on the 50/50 Sidewalk Maintenance Program. The presentation will focus on how temporary maintenance is performed. The presentation will be discussed at the City Council meeting on Monday, September 24, 2012. Memorandum 81 of 551 CITY COUNCIL September 24, 2012 ROLL CALL – PRESENT: Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover A quorum was present PRESIDING: Mayor Elizabeth B. Tisdahl The regular Meeting of the City Council was called to order by Mayor Tisdahl, Monday, September 24, 2012 at 9:05 in Council Chambers. Mayor Tisdahl expressed her condolences and those of the entire community to Dajae Coleman’s family. She mentioned that people might want to read the paper that Dajae wrote two days before he dies, about his life, his family and growing up in Evanston. She also announced that she was calling a community meeting on non-violence initiatives to be held October 2, at 7:00 pm, location to be determined. City Manager Bobkiewicz called on Adelita Hernandez, Citizen Engagement Coordinator to report on Paint Evanston Purple events. She then introduced Maureen Palchak, of Northwestern Athletics who first thanked everyone for their support then told of the Pep Rally to be held at 6:00 pm at the clock tower across from Burger King, Orrington & Clark on September 29. She also said discount tickets are available to Evanston residents at nusports.com. Mr. Bobkiewicz then called on Doug Gaynor who announced that Backstage Evanston would take place from 3:00 – 6:00 pm on Sunday, September 30 at Northwestern University’s Ethel M. Barber Theatre; the Green Living Festival will be at the Ecology Center from 9:00 am – 3:00 pm on September 29 and the 4th Annual Bike the Ridge will be Sunday, October 3 from 9:00 am – 1:00 pm. Deputy City Clerk Autwell announced that early voting will be October 22 through November 3 at the Civic Center. Citizen Comment Mike Vasilko: regarding SP1, he asks that Council reject another grant; regarding SP2, he is opposed to the selection of contractor; and regarding the downtown performing arts study, he is again asking for evening or weekend meetings. David Charney and Alex Arzoumanidis: both gentlemen talked about their positive experiences with the Technology Innovation Center. Junad Rizki: expressed his concern regarding the project at Crown Park. 82 of 551 City Council Agenda September 24, 2012 Page 2 of 9 10/17/2012 1:51 PM Steve Wilke: expressed his dismay over the use of black asphalt for sidewalk repairs. He would also like to see follow-up options on 311. Priscilla Giles: with regard to licensing rentals, she feels the City will be putting more of a burden on those who already pay high rents. She also expressed her concern over the circular drive that was removed at Fleetwood-Jourdain. It is a long walk for seniors to enter and leave the building, especially those with walkers or canes. Betty Ester: She spoke about the 2% pay increase for 2013 elected officials. She feels this will impact the people placed on the City’s priority list - seniors, families at risk and Latinos. She thinks the City should not have removed affordable housing from the list as it is the one thing those 3 groups need the most. Finally, regarding the sale of 1600 Foster St., she asked City Manager Bobkiewicz to call or email her and tell her if the City would recoup the one-million dollars we paid for it. Jim Wolinski: as president of Evanston Kiwanis Club, he wanted to promote two upcoming events – the 8th Annual Faces of Evanston video and photo contest and Peanut Day. Padma Rao and B.K. Rao: both residents feel the City Council discriminates against them when they speak their opinions regarding the Kendall property trees. Martha Moser: as a business owner next to Revolution Spin, she wanted to address statements made by the owner of that business. Adam Howarth, general manager, Revolution Spin: defended the business against statements made by the adjacent business owner. Peggy Tarr: spoke about the noise produced by Revolution Spin SPECIAL ORDERS OF BUSINESS (SP1) Approval of Technology Innovation Center 2012 Funding Request Mayor Tisdahl requests consideration of staff’s recommendation to disburse the remaining $50,000 in grant funds to Technology Innovation Center (TIC) for the period July 1, 2012 through December 31, 2012, as authorized by Section 2 of Exhibit A to Resolution 48-R-12, approved June 11, 2012. For Action Alderman Wilson moved to approve the funding. It was seconded and motion passed on voice vote 8-1. (SP2) Selection of Final Project Teams to Negotiate Design, Build, Finance and Operate an Ice Arena and Community Center within Crown Park The Crown Park Community Center Evaluation Committee recommends that the City Council direct the City Manager to initiate negotiations with two prequalified respondents, Crown Park Community Partnership (William Blair) and McCaffery Evanston Recreation LLC (McCaffery Interests), in order to obtain a best and final offer to Design, Build, Finance and Operate an Ice Rink and Community Center within Crown Park. For Action Moved to a future meeting. (SP3) Pedestrian Safety Update The Public Works Department will be presenting a report on the implementation/progress of the pedestrian safety recommendations. The City and District 65 started the school year with a safety in mind. For Discussion Moved to a future meeting. 83 of 551 City Council Agenda September 24, 2012 Page 3 of 9 10/17/2012 1:51 PM (SP4) 50/50 Sidewalk Maintenance Program The Public Works Department will make a presentation on the 50/50 Sidewalk Maintenance Program. The presentation will focus on how temporary maintenance is performed. For Discussion Moved to a future meeting CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of September 10, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through 09/09/12 $2,538,746.09 (A2) City of Evanston Bills FY2012 09/25/12 $3,823,091.11 (A3.1) Approval of Agreement with CTL Group for Inspection of 1934 Reservoir and 1948 Settling Basins at the Water Treatment Plant (RFP 12-158) Staff recommends that City Council authorize the City Manager to execute an agreement for professional services for inspection of the 1934 Reservoir and 1948 Settling Basins at the Evanston Water Treatment Facility (RFP 12-158) to CTL Group (5400 Old Orchard Road, Skokie, IL) in the not-to-exceed amount of $89,000. Funding is provided by the Water Fund General Support Account 7100.62180, which has a FY 2012 budget allocation of $75,000, with additional funding of $14,000 from the Water Fund CIP Account 733097.65515 due to deferral of other projects. For Action (A3.2) Approval Engineering Services Agreement with Baxter & Woodman, Inc. for Water Treatment Plant Master Flow Meter and Chemical Feed Improvements (RFP 12-151) Staff recommends City Council authorize the City Manager to execute an agreement for engineering services for the water treatment plant master flow meter and chemical feed improvements project (RFP 12-151) with Baxter & Woodman, Inc. (39 S. LaSalle Street, Suite 816, Chicago, IL) in the not-to- exceed amount of $95,900. Funding is provided by the Water Fund, Capital Improvement Account 733074.62140 which has a FY 2012 budget allocation of $50,000 and a proposed FY 2013 allocation of $50,000 for engineering services. For Action (A4) Resolution 67-R-12 Authorizing the City Manager to Sign Notifications of Grant Awards to Fund a Senior Meal Congregate Program Staff recommends City Council approval of Resolution 67-R-12 authorizing the City Manager to sign notification of grant awards to help fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood- Jourdain Community Center. For Action 84 of 551 City Council Agenda September 24, 2012 Page 4 of 9 10/17/2012 1:51 PM (A4.1) Approval of Contract Renewal with Catholic Charities Lunch-n-More for Senior Meal Food Programs Staff recommends City Council authorize the City Manager to renew the contract with Catholic Charities Lunch-n-More (6212 S. Sangamon, Chicago, IL) to provide a senior meal congregate program at the Levy Senior Center and Fleetwood-Jourdain Community Center from October 1, 2012 through September 30, 2013 in the not-to-exceed amount of $4.27 per lunch meal. Total meal program contract value is projected at $43,456. Funding is provided by General Fund Accounts within the Fleetwood-Jourdain and Levy Center business units. For Action (A5) Resolution 68-R-12 Assignment of a Sublease of Real Property at Green Bay Road and Central Street by Top of the Tracks, Inc. Coffee Shop to SEG Café LLC Recommend the City Council’s approval of Resolution 68-R-12 authorizing the City Manager to sign the assignment of the sublease agreement by Top of the Tracks to SEG Café LLC. For Action (A6) Ordinance 99-O-12, Relating to Bicycle Use in Alleys Staff recommends consideration of Ordinance 99-O-12 which amends portions of Title 10 Chapter 9, and Section 10-1-3 of the Evanston City Code of 2012 (“City Code”), as amended, relating to bicycles and the use of bicycles within the City. For Introduction (A7) Ordinance 100-O-12, Decreasing the number of Class C Liquor Licenses Due to Closure of Hota Restaurant , 2545 Prairie Avenue Staff recommends adoption of Ordinance 100-O-12, which amends Subsection 3- 5-6-(C) of the Evanston City Code of 1979 (“City Code”), as amended, to decrease the number of Class C liquor licenses from 29 to 28 due to the closure of Hota Restaurant, 2545 Prairie Avenue . For Introduction (A8) Ordinance 101-O-12, Increasing the number of Class N Liquor Licenses for Issuance to Whole Foods, 1111 Chicago Ave. Staff recommends adoption of Ordinance 101-O-12 which amends Subsection 3- 5-6-(N) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class N liquor licenses from six to seven to permit issuance to Whole Foods Market, 1111 Chicago Avenue . For Introduction (A9) Ordinance 102-O-12, Decreasing the Number of Class O Liquor Licenses for Class N Issuance to Whole Foods, 1111 Chicago Ave. Staff recommends adoption of Ordinance 102-O-12 which amends Subsection 3- 5-6-(O) of the Evanston City Code of 1979 (“City Code”), as amended, to decrease the number of Class O liquor licenses from three to two . For Introduction 85 of 551 City Council Agenda September 24, 2012 Page 5 of 9 10/17/2012 1:51 PM (A10) Ordinance 103-O-12, Increasing the Number of Class O Liquor Licenses for Issuance to Trader Joe’s , 1211 Chicago Avenue Staff recommends adoption of Ordinance 103-O-12 which amends Subsection 3- 5-6-(O) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class O liquor licenses from two to three, permitting issuance to Trader Joe’s East, Inc., d/b/a, Trader Joe’s, 1211 Chicago Avenue. For Introduction (A12) Ordinance 105-O-12, Increasing the Number of Class T Liquor Licenses Permitting Issuance to Smylie Bros. Restaurant and Brewery, 1615 Oak Ave. Staff recommends adoption of Ordinance 105-O-12 which amends Subsection 3- 5-6-(T) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class T liquor licenses from zero to one to permit issuance to Smylie Bros. Restaurant and Brewery, 1615 Oak Ave. For Introduction The Compensation Committee recommends adoption of the following five Ordinances (A13 to A17) setting salary compensation for Evanston’s elected officials. These ordinances were introduced at the September 10, 2012 City Council meeting. (A13) Ordinance 87-O-12: Setting Compensation for Members of the Evanston City Council Ordinance 87-O-12 sets compensation for members of the Evanston City Council with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Action (A14) Ordinance 88-O-12: Setting Compensation for the Evanston City Clerk Ordinance 88-O-12 sets compensation for the Evanston City Clerk with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Action (A15) Ordinance 89-O-12: Setting Compensation for the Mayor Ordinance 89-O-12 sets compensation for the Mayor of Evanston with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Action (A16) Ordinance 90-O-12: Setting Compensation for the Township Assessor Ordinance 90-O-12 sets compensation for the Township Assessor with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Action (A17) Ordinance 91-O-12: Setting Compensation for the Township Supervisor Ordinance 87-O-12 sets compensation for the Township Supervisor with an annual raise of 2% for the 4 years beginning May 1, 2013 through May 1, 2016. For Action 86 of 551 City Council Agenda September 24, 2012 Page 6 of 9 10/17/2012 1:51 PM The following four agenda items (A18 to A21) pertain to the implementation of Emerson Square, a component of the City’s $18.15 million Neighborhood Stabilization Program 2 (“NSP2”) grant, awarded by HUD. These ordinances were introduced at the September 10, 2012 City Council meeting. (A18) Ordinance 92-O-12; Authorizing the City Manager to Negotiate a Sale Contract for Lots 1 and 2, Real Property Located at 1600 Foster Street Staff recommends adoption of Ordinance 92-O-12 authorizing the City Manager to negotiate a real estate contract to sell Lots 1 and 2, described in Resolution 63-R-12 that subdivides the City-owned property at 1600 Foster Street, Evanston, Illinois 60201 (the “Property”). For Action (A19) Ordinance 93-O-12; Authorizing the Sale of Lots 1 and 2, Real Property Located at 1600 Foster Street Staff recommends adoption of Ordinance 93-O-12 authorizing the City Manager to execute a real estate contract to sell Lots 1 and 2, portions of the vacant property at 1600 Foster Street, Evanston, Illinois 60201 (the “Property”), to CB Land, LLC. For Action (A20) Ordinance 97-O-12; Authorizing the City Manager to Negotiate a Sale Contract for Lots 3, 4 and 5 and Outlots A and B, Real Property Located at 1600 Foster Avenue Staff recommends adoption of Ordinance 97-O-12 authorizing the City Manager to negotiate a real estate contract to sell Lots 3, 4 and 5 and Outlots A and B, identified in Resolution 63-R-12, which subdivides the City-owned property at 1600 Foster Avenue, Evanston, Illinois 60201 (the “Property”). For Action (A21) Ordinance 98-O-12; Authorizing the Sale Contract for Lots 3, 4 and 5, and Outlots A and B, Real Property Located at 1600 Foster Avenue Staff recommends adoption of Ordinance 98-O-12 authorizing the City Manager to execute a real estate contract to sell Lots 3,4 and 5, and Outlots A and B, portions of a vacant property at 1600 Foster Avenue, Evanston, Illinois 60201 (the “Property”) to EMSQ Holding, LLC. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 38-O-11 amending Title 5, Chapter 8 of the City Code to Require the Licensing of Rental Dwelling Units Staff recommends adoption of proposed Ordinance 38-O-11 regarding the Licensing of Rental Dwelling Units amending Title 5, Chapter 8 of the City Code to be effective July 1, 2013. The Planning and Development Committee considered and accepted the report of the Mayor’s Rental Unit Licensing Committee at the July 23, 2012, Planning and Development Committee meeting. For Introduction 87 of 551 City Council Agenda September 24, 2012 Page 7 of 9 10/17/2012 1:51 PM (P3) Ordinance 96-O-12, Granting a Special Use Permit for a Planned Development Located at 1211 Chicago Avenue (Trader Joe’s), Plan Commission and City staff recommend the adoption of Ordinance 96-O-12, granting planned development approval for the proposed new Trader Joe’s at 1211 Chicago Avenue. This ordinance was introduced at the September 10, 2012 City Council meeting. For Action HUMAN SERVICES COMMITTEE (H1) Approval of Americans with Disabilities Act (ADA) Self-Evaluation and Transition Plan Update and the creation of an ADA Advisory Group Staff recommends acceptance of the ADA Self-Evaluation and Transition Plan Update for Fiscal Year 2012 and consideration of approval for the creation of an ADA Advisory Group to assist the City of Evanston with prioritizing ADA issues and infrastructure improvements. For Action RULES (O2) Ordinance 61-O-12, Amending the City Code Relating to the Housing Commission, Hereafter Called the “Housing and Homelessness Commission” Rules Committee, Housing Commission, the Mayor’s Task Force on Homelessness and City staff recommend the adoption of Ordinance 61-O-12, which amends the City Code to establish the Housing and Homelessness Commission in place of the Housing Commission. For Introduction Motion made and seconded to approve Consent Agenda. Passed on Voice Vote 9-0. ITEMS FOR DISCUSSION (A11) Ordinance 104-O-12, Creating O-1 Liquor License Classification and Permitting Issuance to Jayharipath, Inc., d/b/a 7-Eleven (817 Emerson) Staff recommends adoption of Ordinance 104-O-12 which amends Title 3 Chapter 5 Section 6 of the Evanston City Code of 1979 (“City Code”), as amended, to create the O-1 liquor license classification. Adoption of the ordinance will create a liquor license class applicable to grocery stores and combination stores with less than 12,000 square feet of production, preparation, and display area. For Introduction Off Consent Agenda. Held in Committee until the Monday, October 22 meeting. 88 of 551 City Council Agenda September 24, 2012 Page 8 of 9 10/17/2012 1:51 PM (P2) Ordinance 108-O-12, Amending Title 5, Chapter 2 of the City Code to Require the Licensing of Vacation Rentals Staff requests consideration of Ordinance 108-O-12, which amends Title 5, Chapter 2 of the City Code to create a license for persons who rent out their homes for fewer than 30 days, commonly referred to as vacation rentals. For Introduction Off Consent Agenda Alderman Fiske reported that this was referred back to staff with the recommendation that there be public hearings at Planning & Development Committee meetings. ECONOMIC DEVELOPMENT COMMITTEE (O1) Approval of Financial Assistance through the Façade Improvement Program for 607 Howard LLC (607-609 Howard Street) The Economic Development Committee and staff recommend approval of financial assistance for façade improvements for 607 Howard, LLC (Sam Prassinos), located at 607-609 Howard Street on a 50/50 cost sharing basis in an amount not to exceed $12,500. Funding is provided by the Howard/Ridge TIF District Fund’s Other Improvements Account (5860.65515), with an approved FY2012 Budget allocation of $470,000. For Action Off Consent Agenda Alderman Rainey reported that there will be alterations to the façade and the item will come back to Council. Call of the Wards Ward 3: Alderman Wynne offered condolences to the Coleman-Rice family. She also reported on the passing of Jeff Russell who owned and operated Crossroads Restaurant. Ward 4: Alderman Wilson offered his condolences to the Coleman-Rice family. He said he along with all of the aldermen are 1000% committed to making Evanston as safe as can be. Ward 5: Alderman Holmes also offered her condolences to the Coleman-Rice Family but reminded everyone that this is a community problem that requires cooperation between the Police Department, the faith community and our neighbors to provide safe activities for youth. She also encourages all to attend the Mayor’s Anti-Violence meeting on October 2 and the second Dialogue on Race on October 25. Ward 6: AldermanTendam offered his condolences to the Coleman-Rice family. Ward 7: Alderman Grover offered her condolences to the Coleman-Rice family and the school community. She announced that October 3rd is International Walk to School Day and encourages everyone to participate. She also reminded everyone that a Ward meeting will be held at 7:00 pm on October 11 at the Ecology Center. 89 of 551 City Council Agenda September 24, 2012 Page 9 of 9 10/17/2012 1:51 PM Ward 8: Alderman Rainey offered her condolences on behalf of her constituents. She reminded all that Bike the Ridge will be on Sunday September 30 from 9:00 am to 1:00 pm. It is a non-competitive family event. There will be music, food trucks and a small farmer’s market. Bring cash. She then mentioned that the North end of town and the South end of town got together to discuss the issue of vacation rentals and have agreed to work together. Ward 9: Alderman Burrus added her condolences to the Coleman-Rice family. October 6 is night out for Ridgeville Park District at 7:00 pm at St. Nicholas Social Hall. Tickets are $20. October 17 is her next Ward meeting at Reba Church. Ward 1: Alderman Fiske offers her condolences to the Coleman-Rice Family. She suggested to Alderman Rainey that the North, South & East come together on the larger issue of rentals and she looks forward to those discussions. Ward 2: Alderman Braithwaite, on behalf of the residents in his Ward, offered prayers and support to the Coleman-Rice family. He said he received many phone calls and emails and asks the community to be patient while the Police Department sorts through the details of this tragedy. They are working very diligently to find justice in this situation. He also suggests that the community support existing efforts of organizations such as the YMCA, YWCA, YOU, the Moran Center and others who work to keep our youth safe. He then thanked Dr. Witherspoon and his staff at ETHS for the memorial fund they set up to help support the family. Residents can contact ETHS to help. Alderman Wilson moved to adjourn to Executive Session. It was seconded. The meeting adjourned at 10:30 pm. Respectfully submitted by Elaine Autwell, Deputy City Clerk. 90 of 551 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, October 8, 2012 Roll Call: Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the meeting to order at 8:18 P.M. after a Roll Call quorum was established. Mayor Public Announcements Chief Klaiber stated the kickoff for National Fire Prevention Week began yesterday for the week of October 7-13, 2012. He also encouraged all to check batteries for smoke detectors and to have a working fire extinguisher. Mayor Tisdahl called upon Alderman Wilson to make a comment. Alderman Wilson asked that the item P2 be removed from the Consent Agenda and returned to committee. Acting City Manager Public Announcements Director Evonda Thomas announced the arrival of the Erie Evanston Health Center to have its Grand Opening, October 22, 2012. Jewel Food Stores Composting Project was presented by John Dunsing(representative of Jewell/Osco) after his introduction by James Maiworm, Director of Streets and Sanitation. Communications: City Clerk Clerk Greene reminded all the last day to register would be October 9th, and early voting begins October 22nd and continued through Saturday, November 3 rd in room 2200, in the Lorraine H. Morton Civic Center. Citizen Comment The following persons spoke against item P2: Betty Paden, 1122 Emerson stated she got no notice, and the City is not a Landlord. Tina Paden, 1122 Emerson stated there were already too many taxes on the 91 of 551 DRAFTED MINUTES October 8, 2012 Page 2 of 10 residents and businesses. Carlis Sutton, 1821 Darrow asked Council to revoke the Ordinance. Jim Schermerhorn, 2737 Central Street stated the Ordinance came out of committee with a 4-3 vote. Barbara Blades, 2111 Maple read a statement from the Minneapolis City website. Bernard Hammer, 1455 Tower Road an attorney representing a landlord in Evanston and states the Ordinance is illegal. Albert R. Crillo, 1324 Madison Street stated this Ordinance was unbelievable and asked if the Council was insane. Osh Nissan, 2643 Lawndale stated there are existing Ordinances if were enforced would create the quality of life. Albert H. Bone,1623 Larry Hirsh, 406 Callen stated those supporting the Ordinance don‟t have any tenants and don‟t want to see others coming into Evanston. Stanley Weiss, 1404 Oak asked who will pay the legal fees for the suits that will come. Brendon Saunders, Interfaith Housing Center stated there need to be clear systems in place. James Dyer, 1620 Pitner Ave. stated the Landlords need help, because it„s the tenants who destroy the properties. Joseph Resnick, 473 Vernon Ave. stated this is Ordinance is a witch hunt. Mike Morand, 3036 Central St. stated he felt that this Ordinance is a stab in his back. Dan Schermerhorn, 2737 Central St. asked that the Ordinance go back to committee and come back with one that is fair. Don Schellenberger, 1864 Sherman Ave. stated the Ordinance would only result in additional people to enforce this Ordinance. Arthur Braun, 800 Custer Ave. stated the owners have a gun held against their heads. Regina Cartright, 1315 Crain is absolutely against this Ordinance. Priscilla Giles, 1829 Ashland spoke of the circular driveway at Fleetwood/Jourdain that is still needed. Joshua Braun, 800 Custer Ave. stated the only ones for this are the ones who living around Fireman‟s Park. Alan Barr, 732 Ridge stated the Ordinance is ill done. Dace Kezbers, 732 Ridge Ave. stated the first time a landlord tosses a tenant from their property it will be a public nightmare for Evanston. Isran Malik, 2114 Darrow asked how will he pay his legal fees. These persons spoke concerning item M2: Padma Rao, 2246 Sherman stated the video that had no audio should reflect verbatim statements from her and her mom in the written minutes of the Clerk. B.K. Rao, 2246 Sherman stated since their verbatim statements were not added to the minutes the keeper of the records have a lot to explain. Chester Liddell, 1917 Foster St. stated a rift is being created between the citizens and the City. Non-agenda items: 92 of 551 DRAFTED MINUTES October 8, 2012 Page 3 of 10 Junad Rizki, 2734 Sherman spoke against the Robert Crown Update (SP1), the unanswered question of the $5,000, truth about the tax increase, and 20 City employees with false medical benefits. B.K. Rao, 2246 Sherman stated the Council continues to attack and turn the mikes off when she and her daughter speak of their concerns for safety and trees. Padma Rao, 2246 Sherman continued with accusations against the Council and their lack of actions. Madelyn DuCre‟, 1229 Foster St. stated there has to be something done with the Police Department here in Evanston especially with interaction with Detective George. Charles Sutton, 1822 Darrow speaking for the Landlords of Community Alliance, stated this is a tenant friendly not Landlord friendly city. He also wanted to know, why are the 2nd, 5th, and 8th wards targeted for extra property inspections? Tina Padden, 1122 Emerson St. wondered why she had an inspection before her time came up. Judith Godfrey, 914 Hinman stated this is unconstitutional what the Council is planning to do. Beverly Dyer, 1620 Pitner Ave. stated she used to be proud to say she lived in Evanston, but now feels that the City is rapping her. The following persons spoke in favor of P2: Marc Beem, 212 Maple stated he believed the Ordinance was favorable and legitimate. Stuart Cleland, 2145 Maple Ave. stated the Ordinance was discussed by all concerned in its development. Matt Doherty, 2122A Maple stated the Ordinance fills a gap that can be enforced. Steven Monacelli, 1615 Ridge representing the NU student government, stated the Ordinance would provide a mechanism to have a check on pore and unsafe living conditions. Barbara Jones, 802 Colfax is in agreement of the policies of the Ordinance. Items not approved on Consent Agenda: (A9)Ordinance 112-O-12, Increasing the Number Class C Licenses for Signature Food Solutions d/b/a Chicago‟s Home of Chicken & Waffles, III Staff recommends adoption of Ordinance 112-O-12, which amends Subsection 3-4-6- (C) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class C liquor licenses from 28 to 29 to permit issuance of a liquor license to Signature Food Solutions, Inc., d/b/a Chicago’s Home of Chicken and Waffles III, 2424 West Dempster Street. Suspension of the Rules is requested for Introduction and Action on October 8, 2012. For Introduction and Action (P2)Ordinance 38-O-11 Amending Title 5, Chapter 8 of the City Code to Require the Licensing of Rental Dwelling Units Staff recommends adoption of proposed Ordinance 38-O-11 regarding the Licensing of Rental Dwelling Units amending Title 5, Chapter 8 of the City Code to be effective July 1, 2013. The Planning and Development Committee considered and accepted the 93 of 551 DRAFTED MINUTES October 8, 2012 Page 4 of 10 report of the Mayor’s Rental Unit Licensing Committee at the July 23, 2012, Planning and Development Committee meeting. This ordinance was introduced at the September 24, 2012 City Council meeting. For Action (O1)Approval of Financial Assistance through the Façade Improvement Program for 607 Howard LLC (607-609 Howard Street) The Economic Development Committee recommends approval of financial assistance for façade improvements for 607 Howard, LLC (607-609 Howard Street) on a 50/50 cost sharing basis. Staff recommends consideration of funding the project and an additional $6,830 to ensure the installation of new windows. The proposed new amount of funding on a 50/50 cost-sharing basis is not to exceed $19,330. Funding is recommended to come from the Howard/Ridge TIF District Fund’s Other Improvements Account 5860.65515. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of September 18, 2012 (M2) Approval of Minutes of the Special City Council Meeting of October 1, 2012 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1)City of Evanston Payroll through 09/23/12 $3,077,710.58 (A2)City of Evanston Bills FY2012 10/09/12 $6,121,870.42 City Credit Card payments through August 31, 2012 $ 133,583.23 (A3.1)Approval of Tire Purchases from Wentworth Tire Service Staff recommends approval of tire purchases for the last three (3) months of Fiscal Year 2012 in the amount of $13,000 and for twelve (12) months in the amount of $50,000 in Fiscal Year 2013 from Wentworth Tire Service (300 North York Road, Bensenville, IL) using the State Bid Award #4017031 for which Wentworth Tire Service is an authorized distributor. Funding is provided from the Fleet Services Budget for Tires and Tubes (7710.65065) for Fiscal Year’s 2012 and 2013. For Action (A3.2)Approval of Tire Repair Contract with Wentworth Tire Service (Bid 12-164) Staff recommends that City Council authorize the City Manager to execute a one (1) year contract with three (3) one year renewals for tire repair and recap services in the amount of $25,008 for year one (1) to Wentworth Tire Service (300 North York Road, Bensenville, IL). Funding is provided by the FY 2012 Fleet Services budget for Tires and Tubes, 7710.65065, with a budgeted amount of $32,500 for these services. For Action (A3.3)Approval of Contract with L. Marshall, Inc. for Water Utility Roof 94 of 551 DRAFTED MINUTES October 8, 2012 Page 5 of 10 Replacement (Bid 12-160) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Evanston Water Utility Roof Replacement with L. Marshall, Inc. (2100 Lehigh Avenue, Glenview, IL) in the amount of $133,000. Funding is provided by the Water Fund Capital Improvement Plan (CIP) Account 733108.65515 with a budget of $150,000 allocated for roof replacements. For Action (A3.4)Approval of Engineering Services Agreement for Feasibility Study of Alternative Stormwater Management Techniques with Hey and Associates, Inc. (RFP 12-169) Staff recommends City Council authorize the City Manager to execute an agreement for engineering services for the feasibility study of alternative stormwater management techniques with Hey and Associates, Inc. (8755 W. Higgins Drive, Suite 835, Chicago, IL) in the not-to-exceed amount of $24,946.24. Funding is provided by the Sewer Fund, Other Operations Account 7410.62180 which has a FY 2012 budget allocation of $25,000. For Action (A3.5)Approval of Tree Planting Purchase from Suburban Tree Consortium for Fall Planting Staff recommends City Council approval of the purchase of 155 trees and planting services for 50 trees from Suburban Tree Consortium (STC) in the amount of $38,864. Funding is provided by the General Fund Parks/Forestry Division Account 3525.65005 with a total annual budget of $80,000. For Action (A3.6)Approval of Centennial Park Lagoon Professional Design Services Contract with Kettelkamp & Kettelkamp (RFP 12-165) Staff recommends that City Council authorize the City Manager to execute a contract for the Centennial Park Lagoon Professional Design Services Project to Kettelkamp & Kettelkamp (1315 Sherman Place, Evanston, IL) at a total cost of $90,735. Funding is provided by the Capital Improvement Plan (#415414). For Action (A4)Approval of Change Order for Lighting Power Centers Staff recommends that City Council authorize the City Manager to execute Change Order #2 to the contract for the Church Street Improvement Project (Bid 12-136) to Landmark Contractors, Inc. (11916 W. Main Street, Huntley, IL) in the amount of $31,590. This Change Order will expand the scope of the contract to include the replacement of Street Light Power Centers throughout the City. Funding is provided by the Capital Improvement Plan (#415868). For Action (A5)Approval to Accept and Place on File the Single Audit for FY2011 95 of 551 DRAFTED MINUTES October 8, 2012 Page 6 of 10 Staff recommends City Council review and place on file the attached Single Audit report for the fiscal year ending December 31, 2011. For Action (A6)Post Issuance Compliance Procedures for Tax Exempt Bonds Staff recommends that the attached document describing post issue compliance procedures for bonds be adopted and placed on file. These procedures will be applicable to any bonds issued on or after January 1, 2012.For Action (A7)Resolution 69-R-12 Authorizing the City Manager to Execute a Transition of Services Agreement with Erie Family Health Center, Inc. Regarding the Evanston Children‟s Dental Clinic Staff recommends approval of Resolution 69-R-12 Authorizing the City Manager to Execute a Transition of Services Agreement with Erie Family Health Center, Inc. regarding the Children’s Dental Clinic. For Action (A8)Ordinance 109-O-12, Amending Title 3, Chapter 4, Section 6 of the City Code to Create a Liquor License Classification for Craft Breweries Ordinance 109-O-12 amends Title 3, Chapter 4, Section 6 of the Evanston City Code of 2012, as amended (“Code”), to create a liquor license classification applicable to craft beer breweries. If adopted, Class P-1 liquor licensees will be permitted to offer for retail sale their craft beer for consumption onsite or offsite. For Introduction (A10)Ordinance 99-O-12, Relating to Bicycle Use in Alleys Staff recommends consideration of Ordinance 99-O-12 which amends portions of Title 10 Chapter 9, and Section 10-1-3 of the Evanston City Code of 2012 (“City Code”), as amended, relating to bicycles and the use of bicycles within the City. This ordinance was introduced at the September 24, 2012 City Council meeting. For Action (A11)Ordinance 100-O-12, Decreasing the Number of Class C Liquor Licenses Due to Closure of Hota Restaurant, 2545 Prairie Avenue Staff recommends adoption of Ordinance 100-O-12, which amends Subsection 3-5-6-(C) of the Evanston City Code of 1979 (“City Code”), as amended, to decrease the number of Class C liquor licenses from 29 to 28 due to the closure of Hota Restaurant, 2545 Prairie Avenue. This ordinance was introduced at the September 24, 2012 City Council meeting. For Action (A12)Ordinance 101-O-12, Increasing the number of Class N Liquor Licenses for Issuance to Whole Foods, 1111 Chicago Ave. Staff recommends adoption of Ordinance 101-O-12 which amends Subsection 3-5-6-(N) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class N liquor licenses from six to seven to permit issuance to Whole Foods Market, 1111 Chicago Avenue. This ordinance was introduced at the September 24, 2012 City Council meeting. For Action 96 of 551 DRAFTED MINUTES October 8, 2012 Page 7 of 10 (A13)Ordinance 102-O-12, Decreasing the Number of Class O Liquor Licenses for Class N Issuance to Whole Foods, 1111 Chicago Ave. Staff recommends adoption of Ordinance 102-O-12 which amends Subsection 3-5-6-(O) of the Evanston City Code of 1979 (“City Code”), as amended, to decrease the number of Class O liquor licenses from three to two. This ordinance was introduced at the September 24, 2012 City Council meeting. For Action (A14)Ordinance 103-O-12, Increasing the Number of Class O Liquor Licenses for Issuance to Trader Joe‟s, 1211 Chicago Avenue Staff recommends adoption of Ordinance 103-O-12 which amends Subsection 3-5-6-(O) of the Evanston City Code of 1979 (“City Code”), as amended, to increase the number of Class O liquor licenses from two to three, permitting issuance to Trader Joe’s East, Inc., d/b/a, Trader Joe’s, 1211 Chicago Avenue. This ordinance was introduced at the September 24, 2012 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1)Ordinance 72-O-12 Amending the Zoning Ordinance – Residential Building Height, Dormer Size and Location, Half Stories, Accessory Structure Height, and Legal Nonconformities in the R1, R2, R3, R4 and R4a Districts The Plan Commission and City staff recommend adoption of the proposed regulation changes for residential building height, dormer size and location, half stories, accessory structure height, and legal nonconformities in the R1- R4a Districts. For Introduction HUMAN SERVICE COMMITTEE (H1)Approval of Township of Evanston September 2012 Bills Township of Evanston Supervisor recommends City Council approval of the Township of Evanston bills, payroll, and medical payments for the month of September 2012 in the amount of $99,370.26. Funding is provided by the Township budget. For Action RULES COMMITTEE (O2)Ordinance 61-O-12, Amending the City Code Relating to the Housing Commission, Hereafter Called the “Housing and Homelessness Commission” Rules Committee, Housing Commission, the Mayor’s Task Force on Homelessness and City staff recommend the adoption of Ordinance 61-O-12, which amends the City Code to 97 of 551 DRAFTED MINUTES October 8, 2012 Page 8 of 10 establish the Housing and Homelessness Commission in place of the Housing Commission. This ordinance was introduced at the September 24, 2012 City Council meeting. For Action Alderman Rainey motioned for approval of the Consent Agenda, and it was seconded by Alderman Holmes. Roll Call vote was 9-0 and the Consent Agenda passed. Items for discussion: (A9)Ordinance 112-O-12, Increasing the Number Class C Licenses for Signature Food Solutions d/b/a Chicago‟s Home of Chicken & Waffles, III Staff recommends adoption of Ordinance 112-O-12, which amends Subsection 3-4-6- (C) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class C liquor licenses from 28 to 29 to permit issuance of a liquor license to Signature Food Solutions, Inc., d/b/a Chicago’s Home of Chicken and Waffles III, 24 24 West Dempster Street. Suspension of the Rules is requested for Introduction and Action on October 8, 2012. For Introduction and Action Alderman Grover motioned for adoption and mentioned suspension of the rules previously asked during the reading of the Consent Agenda, it was 2nd by Alderman Holmes. A Roll Call vote was taken with a 9-0 for approval. The motion passed. (P2)Ordinance 38-O-11 Amending Title 5, Chapter 8 of the City Code to Require the Licensing of Rental Dwelling Units Staff recommends adoption of proposed Ordinance 38-O-11 regarding the Licensing of Rental Dwelling Units amending Title 5, Chapter 8 of the City Code to be effective July 1, 2013. The Planning and Development Committee considered and accepted the report of the Mayor’s Rental Unit Licensing Committee at the July 23, 2012, Planning and Development Committee meeting. This ordinance was introduced at the September 24, 2012 City Council meeting. For Action Alderman Fiske read the Ordinance and without a second called upon Alderman Wilson for comments. Alderman Wilson motioned to have the Ordinance to return back to staff for further discussion, and it received a second from Alderman for adoption and it was 2 nd by Alderman Wynne. Alderman Burrus rescued herself from the voting process. With a Roll Call the vote was 8-0 to send back to staff. The motion passed. (O1)Approval of Financial Assistance through the Façade Improvement Program for 607 Howard LLC (607-609 Howard Street) The Economic Development Committee recommends approval of financial assistance for façade improvements for 607 Howard, LLC (607-609 Howard Street) on a 50/50 cost sharing basis. Staff recommends consideration of funding the project and an additional $6,830 to ensure the installation of new windows. The proposed new amount of funding on a 50/50 cost-sharing basis is not to exceed $19,330. Funding is recommended to come from the Howard/Ridge TIF District Fund’s Other Improvements Account 5860.65515. 98 of 551 DRAFTED MINUTES October 8, 2012 Page 9 of 10 For Action Alderman Burrus stated staff had asked for approval of the proposal and then gave the floor to Alderman Rainey for comments. Alderman Rainey asked for an increase of the amount and it was seconded. A Roll Call vote was taken with a 9-0 result and the motion passed. SPECIAL ORDERS OF BUSINESS (SP2)Pedestrian Safety Update The Public Works Department will be presenting a report on the implementation/progress of the pedestrian safety recommendations. The City and District 65 started the school year with safety in mind. For Discussion Director Suzette Robinson gave her report via a power-point presentation that pointed out the work that had been completed. Alderman Burrus and Fiske requested a cross- walk at Oakton/Florence and Colfax/Ridge Ave. (Items SP1 and SP3 were postponed until the next Council meeting) (SP1)Selection of Final Project Teams to Negotiate Design, Build, Finance and Operate an Ice Arena and Community Center within Crown Park The Crown Park Community Center Evaluation Committee recommends that the City Council direct the City Manager to initiate negotiations with two prequalified respondents, Crown Park Community Partnership (William Blair) and McCaffery Evanston Recreation LLC (McCaffery Interests), in order to obtain a best and final offer to Design, Build, Finance and Operate an Ice Rink and Community Center within Crown Park. For Action (SP3)50/50 Sidewalk Maintenance Program The Public Works Department will make a presentation on the 50/50 Sidewalk Maintenance Program. The presentation will focus on how temporary maintenance is performed. For Discussion Mayor Tisdahl asked the Clerk if he had anything to say and the answer was yes. Clerk Greene stated he wanted to give clarification to comments made this evening. He stated yes he is the keeper of the records, yes he transcribes the minutes, but he doesn’t have control over the media, nor is there any requirement to supply verbatim minutes. Call of the Wards Ward 3, Alderman Wynne had no report. Ward 4, Alderman Wilson he thanked the Mayor and all who attended the summit last week. Ward 5, Alderman Holmes dittoed the comments of Alderman Wilson, and she stated she was at the 100 year old celebration of Annie May Parrot-Wittmore who also passed 99 of 551 DRAFTED MINUTES October 8, 2012 Page 10 of 10 shortly after her celebration. She will have the budget team at her 5 th ward meeting next Thursday. Ward 6, Alderman Tendam announced his ward meeting on October 23rd at Three Crown Nursing Center. There will be a 3 pm and 6:30 pm meeting for Central Street and the concerned citizens. Ward 7, Alderman Grover thanked all for coming out last Tuesday night. She announced her ward meeting at the Ecology Center at 7:00 pm discussing budget and traffic planning. Ward 8, Alderman Rainey congratulated the 24th district’s Chicago Police Department and the successes they have had. She congratulated all involved with the resolution of some major problems in her ward with the landlords and members working together. She will also be giving a tour of one or more members of the Zoning Commission the Howard Street. Ward 9, Alderman Burrus congratulated Family Focus for receiving the “Cares” award from St. Frances Hospital Ward 1, Alderman Fiske spoke of Rosemary O’Nell’s traffic signal blessing she held at her home last week. Ward 2, Alderman Braithwaite thanked the Mayor’s rapid response to the shooting. He also praised the Manufactory Day, and Thursday night will be the 2 nd ward meeting and all the events that will be discussed. Alderman Wilson motioned to convene into Executive Session to discuss Litigation and Minutes, and it was seconded. A Voice Vote yielded a 9-0 and the meeting ended at 10:23 pm. Submitted by, Hon. Rodney Greene, City Clerk 100 of 551 Page 1 of 5 Rev. 10/18/2012 5:02:51 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, October 22, 2012 5:45 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN GROVER, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF October 8, 2012 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 10/07/12 $2,619,383.11 (A2) City of Evanston Bills FY2012 10/23/12 $2,686,300.59 (A3) Approval of Contract for Insurance Consulting Services with Mesirow Financial Services, Inc. (RFP 12-168) Staff recommends City Council authorization for the City Manager to sign a contract for Insurance Consulting Services with Mesirow Financial Services, Inc., (353 North Clark Street, Chicago, IL) in the total amount of $49,500. Funding is provided in the Insurance Fund Account 7800.62615. For Action (A4) Approval to Provide Free Holiday Parking in the City’s Three Downtown Self-Park Garages and Lot 60 Located at 1234 Chicago Avenue The Transportation/Parking Committee and City staff recommend approval to provide free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 22, 2012 through Tuesday, January 1, 2013. For Action 101 of 551 Page 2 of 5 Rev. 10/18/2012 5:02:51 PM (A5) Approval of Chicago Transit Authority Intergovernmental Agreement Staff recommends City Council authorization for the City Manager to sign a three-year intergovernmental agreement between the Chicago Transit Authority (CTA) and Evanston Police Department for uniformed patrols on the CTA purple line and CTA elevated platforms. Funding provided by the CTA is estimated at $200,112 per calendar year with a contract rate of $38 per hour. For Action (A6) Approval of District 202 Rock Salt Agreement for 2012/2013 Staff recommends City Council authorize the City Manager to sign an agreement with Evanston School District 202 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee for the period November 15, 2012 through April 15, 2013. For Action (A7) Approval of District 65 Rock Salt Agreement for 2012/2013 Staff recommends City Council authorize the City Manager to sign an agreement with Evanston School District 65 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee for the period November 15, 2012 through April 15, 2013. For Action (A8) Resolution 71-R-12 Authorizing an Intergovernmental Agreement with the Village of Skokie for Use of the Fire Station 17 - Training Facility Staff recommends that Council authorize the City Manager to enter into an Inter- Governmental Agreement (IGA) with the Village of Skokie. The IGA is for the use and maintenance of the Village of Skokie- Fire Station 17 – Training Tower, located at 8157 Central Park in Skokie, Illinois. The initial participation cost to the City of Evanston will be $286,000. Funding will be provided by the Capital Improvement Program Project Number 415829. Funding after the initial capital improvement for annual maintenance costs will be provided by Fire Department account 2305. 62360. For Action (A9) Resolution 72-R-12 Authorizing the Transfer of $704,263 of Motor Fuel Tax Funds for General Maintenance of Streets Staff recommends approval of Resolution 72-R-12 by which City Council would authorize the transfer of $704,263 of Motor Fuel Tax Funds for general maintenance of streets by City forces. The fund transfer was approved as part of 2012 budget. For Action 102 of 551 Page 3 of 5 Rev. 10/18/2012 5:02:51 PM (A10) Resolution 74-R-12 Approving Solid Waste Agency of Northern Cook County (SWANCC) as a Listed Entity for Health Insurance Staff recommends approval of Resolution 74-R-12 authorizing the City Manager to execute an intergovernmental agreement with SWANCC for the provision of health insurance as a component unit of the City within the Intergovernmental Personal Benefits Cooperative (IPBC). SWANCC will be responsible for all insurance premium costs and fees and will also receive increases/decreases in plan costs equal to the City’s plan costs each year. For Action (A11) Ordinance 62-O-12; Amending the City Code and the Civil Service Commission Rules Staff requests consideration of Ordinance 62-O-12, which amends Title 2, Chapter 3 of the City Code to address state law amendments to the Fire Department hiring process, expands the number and role of the commissioners in the hiring process for new police officers and firefighters, and addresses changes in the hiring practices within the Division of Human Resources. For Introduction (A12) Ordinance 116-O-12, to Add “Drive” as an Available Street Designation Staff recommends adoption of Ordinance 116-O-12 which amends Section 7-2-3 of the Evanston City Code of 2012, as amended, (the “Code”) to include “drive” as an available street designation. For Introduction (A13) Ordinance 126-O-12, Amending Ordinance 28-O-11 Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends approval of Ordinance 126-O-12 modifying previously adopted Ordinance 28-O-11 that authorized the City to borrow funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation Phase I project. This ordinance modifies Ordinance 28-O-11 authorizing the City to borrow up to $4,000,000. The debt service will be paid from the Sewer Fund. For Introduction (A14) Ordinance 113-O-12, Increasing the number of Class B Liquor Licenses Permitting Issuance to 27 Live Staff recommends adoption of Ordinance 113-O-12, which amends Subsection 3-4-6-(B) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class B liquor licenses from 16 to 17 to permit issuance of a liquor license to 27 Live, LLC, 1012-14 Church Street . For Introduction 103 of 551 Page 4 of 5 Rev. 10/18/2012 5:02:51 PM (A15) Ordinance 118-O-12, Decreasing the Number of Class D Liquor Licenses Due to the Closure of Mecafresh Staff recommends adoption of Ordinance 118-O-12, which amends Subsection 3-4-6-(D) of the Evanston City Code of 2012 (“City Code”), as amended, to decrease the number of Class D liquor licenses from 25 to 24 due to the closure of Mecafresh, 1840 Oak Avenue. For Introduction (A16) Ordinance 122-O-12, Increasing the Number of Class Y Liquor Licenses Permitting Issuance to Wine Goddess, LLC Staff recommends adoption of Ordinance 122-O-12, which amends Subsection 3-4-6-(Y) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class Y liquor licenses from two to three to permit issuance to Wine Goddess, LLC, 702 Main Street. For Introduction (A17) Ordinance 123-O-12, Increasing the Number of Class B1 Liquor Licenses Permitting Issuance to Cheesie’s Evanston, LLC Staff recommends adoption of Ordinance 123-O-12, which amends Subsection 3-4-6-(B1) of the Evanston City Code of 2012 (“City Code”), a s amended, to increase the number of Class B1 liquor licenses from five to six to permit issuance to Cheesie’s Evanston, LLC, d/b/a Cheesie’s Pub & Grub, 622 Davis Street. For Introduction (A18) Ordinance 124-O-12, Increasing the Number of Class B1 Liquor Licenses Permitting Issuance to Clarke’s on Orrington, Inc. (d/b/a JT’s Bar and Grill) Staff recommends adoption of Ordinance 124-O-12, which amends Subsection 3-4-6-(B1) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class B1 liquor licenses to seven (with adoption of Ordinance 123-O-12) to permit issuance to Clarke’s on Orrington, Inc., d/b/a JT’s Bar and Grill, 1639 Orrington. Suspension of the Rules is requested for Introduction and Action by City Council on October 22. 2012. For Introduction and Action (A19) Ordinance 128-O-12: Visitors Center Fire Lane Construction Project Agreement and Lease Agreement with Northwestern University Staff requests consideration of Ordinance 128-O-12, authorizing the City Manager to negotiate and execute a Project Agreement and a Lease Agreement with Northwestern University for City-owned property located at the northeast corner of Sheridan Road and Campus Drive. For Introduction IV. ITEMS FOR DISCUSSION (APW1)Signs on Parkways For Discussion 104 of 551 Page 5 of 5 Rev. 10/18/2012 5:02:51 PM V. COMMUNICATIONS VI. ADJOURNMENT 105 of 551 Page 1 of 6 Administration and Public Works . MEETING MINUTES Administration & Public Works Monday, October 8, 2012 5:45P.M. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers Members Present: Ald. Braithwaite, Ald. Burrus, Ald. Grover, Ald. Holmes, Ald. Rainey Members Absent: Staff Present: Paul D’Agostino, Rajeev Dahal, Hitesh Desai, Brandon Dieter, Chief Eddington, Grant Farrar, Sarah Flax, Doug Gaynor, Louis Gergits, Stephen Griffin, Jewell Jackson, Lonnie Jeschke, Stefanie Levine, Catherine Hurley, Martin Lyons, Jim Maiworm, Sat Nagar, Ashley Porta, Suzette Robinson, Dave Stoneback, Matt Swentkofske, Evonda Thomas Others Present: Josh Gilbert, 1711 Greenwood Street, Temperance Beer Company Darnell Johnson, 2424 Dempster Street, Director of Operations Chicken & Waffles III Eric Poders, Morton Grove Resident Jody Bianchini and Tiffany Cevilla, Northwestern University Members of Engineers for a Sustainable World Presiding Member: Alderman Grover ______________________________________________________________________ I. DECLARATION OF A QUORUM: ALDERMAN GROVER, CHAIR With a quorum present, Chair Grover called the meeting to order at 5:50 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF September 24, 2012 A voice vote was taken and the minutes of September 24, 2012 were unanimously approved. III. ITEMS FOR CONSIDERATION Mr. Eric Poders of Morton Grove was given the floor. He asked that the mike and the TV camera be turned off. Ald. Rainey said that the City has transparency laws and if he would not abide by them, he could not address the committee. After putting the mike back in its holder, he gave some documents to Mr. Shawn Jones of the RoundTable newspaper. He noted that he had been before this committee on May 29 and again September 10. He felt there were some inconsistencies in the way his comments were reported from the last meeting. He noted that he had presented another FOIA which he felt was a waste of City time. He said that he would not return as he gave his card to Chair Grover. He is still requesting an apology from the Mayor and Legal Council. 106 of 551 Page 2 of 6 Administration and Public Works (A1) City of Evanston Payroll through 09/23/12 $3,077,710.58 A voice vote was taken and the Payroll through 09/23/12 was unanimously approved. (A2) City of Evanston Bills FY2012 10/09/12 $6,121,870.42 City Credit Card payments through 08/03/12 $ 133,583.23 A voice vote was taken and the Bills through 10/09/12 and the Credit Card payments through 08/03/12 were unanimously approved. (A3.1) Approval of Tire Purchases from Wentworth Tire Service Staff recommends approval of tire purchases for the last three (3) months of Fiscal Year 2012 in the amount of $13,000 and for twelve (12) months in the amount of $50,000 in Fiscal Year 2013 from Wentworth Tire Service (300 North York Road, Bensenville, IL) using the State Bid Award #4017031 for which Wentworth Tire Service is an authorized distributor. Funding is provided from the Fleet Services Budget for Tires and Tubes (7710.65065) for Fiscal Year’s 2012 and 2013. A voice vote was taken and A3.1 was unanimously approved. (A3.2) Approval of Tire Repair Contract with Wentworth Tire Service (Bid 12-164) Staff recommends that City Council authorize the City Manager to execute a one (1) year contract with three (3) one year renewals for tire repair and recap services in the amount of $25,008 for year one (1) to Wentworth Tire Service (300 North York Road, Bensenville, IL). Funding is provided by the FY 2012 Fleet Services budget for Tires and Tubes, 7710.65065, with a budgeted amount of $32,500 for these services. Ald. Holmes, believing that this conversation was held before, asked why there was no one in Evanston capable of doing this work. Martin Lyons (Assistant City Manager/Treasurer) replied that small tire repairs are done in-house. This contract is for large tire repairs and in Evanston; there are no garages capable of handling vehicles of this size. Lonnie Jeschke (Manager Fleet Services) told the Aldermen that the bid was placed in the Pioneer Press, the Chicago Tribune and the Evanston Business Directory was used. The staff could not find one garage that could handle the task. Ald. Rainey noted that there is a new place on Oakton as well as the one on Howard. Maybe they could do this kind of work. A voice vote was taken and A3.2 was unanimously approved. 107 of 551 Page 3 of 6 Administration and Public Works (A3.3) Approval of Contract with L. Marshall, Inc. for Water Utility Roof Replacement (Bid 12-160) Staff recommends that City Council authorize the City Manager to execute a contract for the 2012 Evanston Water Utility Roof Replacement with L. Marshall, Inc. (2100 Lehigh Avenue, Glenview, IL) in the amount of $133,000. Funding is provided by the Water Fund Capital Improvement Plan (CIP) Account 733108.65515 with a budget of $150,000 allocated for roo f replacements. A voice vote was taken and A3.3 was unanimously approved. (A3.4) Approval of Engineering Services Agreement for Feasibility Study of Alternative Stormwater Management Techniques with Hey and Associates, Inc. (RFP 12-169) Staff recommends City Council authorize the City Manager to execute an agreement for engineering services for the feasibility study of alternative stormwater management techniques with Hey and Associates, Inc. (8755 W. Higgins Drive, Suite 835, Chicago, IL) in the not-to-exceed amount of $24,946.24. Funding is provided by the Sewer Fund, Other Operations Account 7410.62180 which has a FY 2012 budget allocation of $25,000. A voice vote was taken and A3.4 was unanimously approved. (A3.5) Approval of Tree Planting Purchase from Suburban Tree Consortium for Fall Planting Staff recommends City Council approval of the purchase of 155 trees and planting services for 50 trees from Suburban Tree Consortium (STC) in the amount of $38,864. Funding is provided by the General Fund Parks/Forestry Division Account 3525.65005 with a total annual budget of $80,000. Ald. Rainey said that she has talked with the V. P. of St. Francis Hospital about the replacement of the elms on Oakton. She asked if anything has come of this. Paul D’Agostino (Parks/Forest and Facilities Management Supervisor) said that they are moving forward on this item. It is not on this list but St. Francis has indicated that they will buy trees and we are going to plant them. A voice vote was taken and A3.5 was unanimously approved. (A3.6) Approval of Centennial Park Lagoon Professional Design Services Contract with Kettelkamp & Kettelkamp (RFP 12-165) Staff recommends that City Council authorize the City Manager to execute a contract for the Centennial Park Lagoon Professional Design Services Project to Kettelkamp & Kettelkamp (1315 Sherman Place, Evanston, IL) at a total cost of $90,735. Funding is provided by the Capital Improvement Plan (#415414). Ald. Rainey took pride in pointing that this company is from Evanston. A voice vote was taken and A3.6 was unanimously approved. (A4) Approval of Change Order for Lighting Power Centers Staff recommends that City Council authorize the City Manager to execute Change Order #2 to the contract for the Church Street Improvement Project (Bid 12-136) to Landmark Contractors, Inc. (11916 W. Main Street, Huntley, IL) in the amount of $31,590. This Change Order will expand the scope of 108 of 551 Page 4 of 6 Administration and Public Works the contract to include the replacement of Street Light Power Centers throughout the City. Funding is provided by the Capital Improvement Plan (#415868). Ald. Rainey asked for an explanation of what this will accomplish. Rajeev Dahal (Traffic Engineer) stated that there are 109 power centers in the city. Originally they were all 25 to 30 years old. To date 41 have been replaced. Under this contract, 45 more will be replaced. These power centers control the street lights in the neighborhoods. They act like a fuse box. When this project is over, the remaining power centers will be replaced. Ald. Holmes mentioned that the lights at Greenbay Road, Ridge and Emerson need work and Suzette Robinson (Director Public Works) said that the power center has been replaced. A voice vote was taken and A4 was unanimously approved. (A5) Approval to Accept and Place on File the Single Audit for FY2011 Staff recommends City Council review and place on file the attached Single Audit report for the fiscal year ending December 31, 2011. A voice vote was taken and A5 was unanimously approved. (A6) Post Issuance Compliance Procedures for Tax Exempt Bonds Staff recommends that the attached document describing post issue compliance procedures for bonds be adopted and placed on file. These procedures will be applicable to any bonds issued on or after January 1, 2012. A voice vote was taken and A6 was unanimously approved. (A7) Resolution 69-R-12 Authorizing the City Manager to Execute a Transition of Services Agreement with Erie Family Health Center, Inc. Regarding the Evanston Children’s Dental Clinic Staff recommends approval of Resolution 69-R-12 Authorizing the City Manager to Execute a Transition of Services Agreement with Erie Family Health Center, Inc. regarding the Children’s Dental Clinic. A voice vote was taken and A7 was unanimously approved. (A8) Ordinance 109-O-12, Amending Title 3, Chapter 4, Section 6 of the City Code to Create a Liquor License Classification for Craft Breweries Ordinance 109-O-12 amends Title 3, Chapter 4, Section 6 of the Evanston City Code of 2012, as amended (“Code”), to create a liquor license classification applicable to craft beer breweries. If adopted, Class P-1 liquor licensees will be permitted to offer for retail sale their craft beer for consumption onsite or offsite. Mr. Josh Gilbert of Temperance Beer Company introduced himself and said he was here tonight to answer questions. He explained that this is a tap room, much like a wine tasting room, where you can sip samples and talk with staff about your experience, needs and wants. A voice vote was taken and A8 was unanimously approved. (A9) Ordinance 112-O-12, Increasing the Number Class C Licenses for Signature Food Solutions d/b/a Chicago’s Home of Chicken & Waffles, III Staff recommends adoption of Ordinance 112-O-12, which amends Subsection 3-4-6-(C) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class C liquor licenses from 28 to 29 109 of 551 Page 5 of 6 Administration and Public Works to permit issuance of a liquor license to Signature Food Solutions, Inc., d/b/a Chicago’s Home of Chicken and Waffles III, 2424 West Dempster Street. Suspension of the Rules is requested for Introduction and Action on October 8, 2012. Mr. Darnell Johnson took the podium and said they were on target for a December 1st opening. The only work left to complete is a change in the gas line. He gave thanks to Stephen Griffin, Paul Zalmezak and everyone else in Economic Development that helped to make this a reality. Some of the staff is moving into Evanston, such as his son. The Manager is already an Evanston resident. He will probably start looking for employees the first week of November. He plans to hire 45 to 50. Ald. Burrus noted that the City’s Youth Job Center has a trained group of young people available. Mr. Johnson added that many on staff have had their Basset training. A voice vote was taken and A9 was unanimously approved for introduction and action. IV. ITEMS FOR DISCUSSION (APW1)Northwestern University Student Presentation – Collaborative Composting Project For Discussion S. Robinson started this presentation by saying how honored she was to have worked with Jody Bianchini and Tiffany Cevilla of Northwestern University’s Engineers for a Sustainable World and Catherine Hurley the City’s Sustainable Program Coordinator. She said she could not have done it without them. C. Hurley stated to the Committee that she was pleased to be allowed to take a few moments of their time. This is the result of a combination of Public Works, her office and the students from Northwestern. Jody Bianchini and Tiffany Cevilla took the podium beginning the presentation with power point slides. J. Bianchini remarked that two surveys were conducted to collect data on composting in Evanston with the residents that had received new composting bins. The data showed that 70% were composting and 30% were not. It costs to pick-up waste, it is smart to compost. There are five ways to support those who compost. Donate free or partially subsidized additional composting supplies, provide access to literature on composting, include residents in a curbside pick-up program, promote a community workshop and hire a composting consultant. Four incentives for the non-composting residents would be to pay less for garbage pick-up, receive a tax credit, have free or partially subsidized equipment and have someone come out and set up the program at the resident’s home. The recommendations are to recognize and continue to provide economic incentives, do an official survey, bridge the gap between those who compost and those who have yard waste picked up by the city, easy access to composting education and continue the free bin program. Chair Grover thanked the two students and all others involved for all their work. Ald. Rainey said that she had no idea that a survey was conducted. J. Bianchini said that not everyone got a survey. Because of that, it has been suggested that a follow-up survey be conducted. Ald. Rainey agreed that they should mulch and not put it in the yard waste collection bin. But, she said, that it was too messy for a small yard. J. Bianchini said that that is a good opportunity for the design of a better bin. Ald. Holmes asked how many composting bins are out in the community and S. 110 of 551 Page 6 of 6 Administration and Public Works Robinson said that 600 are out in the community and 150 are still available. C. Hurley related that then next step is to evaluate the questions and see if anything was missed. Ald. Burrus asked how one could get a bin and S. Robinson replied, call 311. Chair Grover thought expanding the survey may get more residents to compost. She thanked the students for their presentation. V.COMMUNICATION VI.ADJOURNMENT Ald. Burrus moved and Ald. Holmes seconded that the meeting be adjourned. It was unanimously approved at 6:24. Respectfully Submitted, Phillip Baugher Administrative Assistant, Administrative Services 111 of 551 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: October 18, 2012 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Summary: Payroll – September 24, 2012 through October 7, 2012 $2,619,383.11 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – October 23, 2012 $2,686,300.59 General Fund Amount – Bills list $279,576.93 General Fund Amount – Supplemental list $ 255.05 General Fund Total: $279,831.98 Attachments: Bills Lists For City Council meeting of October 22, 2012 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 112 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING 00100 GENERAL ACCOUNT 100 GENERAL FUND ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 100.13040 MSF GRAPHICS, INC.9 X 12 BROWN KRAFT ENVELOPE 313.92 100.13040 MSF GRAPHICS, INC.DELIVERY 15.00 100.21680 CHICAGO TRANSIT AUTHORITY 901 *CHICAGO CARD PLUS 1,202.00 100.10260 CITY OF EVANSTON - PETTY CASH PETTY CASH REIMBURSEMENTS 956.79 100.21650 NATIONAL GUARDIAN LIFE INSURAN MONTHLY INVOICE 378.27 100.41340 DIRECTOR, ILLINOIS STATE POLIC CASE 12-18011 SEIZED FUNDS 676.00 100.13040 ILLINOIS PAPER COMPANY COPY PAPER 2012 CIVIC CENTER 3,130.00 100.21640 GUARDIAN MONTHLY INVOICE 12,516.76 100.41340 DIRECTOR, ILLINOIS STATE POLIC CASE 12-14989 SEIZED FUNDS 309.00 19,497.74 1300 CITY COUNCIL 1300.62210 H & H CHICAGO POST CARDS 6TH WARD MEETING 425.00 1300.62295 ILLINOIS MUNICIPAL LEAGUE *REGISTRATION FEE 120.00 545.00 1400 CITY CLERK 1400.65095 NATIONAL NOTARY ASSOCIATION MEMBERSHIP 95.65 95.65 1505 CITY MANAGER 1505.65095 OFFICE DEPOT OFFICE SUPPLIES CMO 2012 42.64 1505.65010 MESSENGER, JANET G. / PURPLE L EVANSTON CALENDAR 2012 500.00 1505.65095 OFFICE DEPOT OFFICE SUPPLIES CMO 2012 7.19 1505.65095 OFFICE DEPOT OFFICE SUPPLIES CMO 2012 19.98 1505.65095 OFFICE DEPOT OFFICE SUPPLIES CMO 2012 6.95 1505.65095 OFFICE DEPOT OFFICE SUPPLIES CMO 2012 7.79 584.55 1510 PUBLIC INFORMATION 1510.65095 OFFICE DEPOT ARTS COLLABORATION MEETINGS 10.21 1510.65095 OFFICE DEPOT ARTS COLLABORATION MEETINGS 100.00 110.21 1705 LEGAL ADMINISTRATION 1705.65095 OFFICE DEPOT OFFICE SUPPLIES 33.24 1705.62345 CLERK OF THE CIRCUIT COURT APPEARANCE FEE-2020 GREENBAY 146.00 1705.65010 COOK COUNTY JURY VERDICT REPOR PUBLICATION 470.00 1705.61010 ROBERT HALF INTERNATIONAL LEGAL STAFF 1,146.65 1705.61010 ROBERT HALF INTERNATIONAL LEGAL STAFF 1,079.20 1705.65095 OFFICE DEPOT OFFICE SUPPLIES 15.41 1705.65095 OFFICE DEPOT OFFICE SUPPLIES 174.19 3,064.69 1905 ADM.SERVICES- GENERAL SUPPORT 1905.65095 OFFICE DEPOT OFFICE SUPPLIES ADMIN GEN SUPP 31.54 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.62185 ACCOUNTEMPS COLLECTION COORDINATOR 1,200.00 1905.65095 EDMARK VISUAL ID DATACARD SUPPLIES 99.87 1905.65095 EDMARK VISUAL ID DATACARD SUPPLIES 74.69 2,606.10 *Advanced Payment 1113 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 1910 FINANCE DIVISION - REVENUE 1910.62205 CHICAGO TRIBUNE TRIB LOCAL DISPLAY 678.00 1910.62315 PITNEY BOWES METER CHARGES 542.15 1910.64541 AZAVAR TECHNOLOGIES UTILITY AUDIT 991.03 1910.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 2,205.61 1910.62315 NEOPOST *MAILROOM METER FINANCING 3,000.00 7,416.79 1920 FINANCE DIVISION - ACCOUNTING 1920.62280 FEDERAL EXPRESS CORP.SHIPPING 31.33 31.33 1929 HUMAN RESOURCE DIVISION 1929.65095 OFFICE DEPOT OFFICE DEPOT SUPPLIES 56.14 1929.65095 OFFICE DEPOT OFFICE DEPOT SUPPLIES 6.46 1929.62512 PIROOZ, HOMAYOON TRAVEL REIMBURSEMENT 516.36 1929.65095 OFFICE DEPOT OFFICE DEPOT SUPPLIES 97.98 1929.62512 FEDERAL EXPRESS CORP.NEW EMPLOYEE BENEFITS PACKET 16.22 1929.62512 ILLINOIS STATE POLICE RECRUITMENT 36.50 729.66 1932 INFORMATION TECHNOLOGY DIVI. 1932.62380 US BANK COPIER LEASE AGREEMENT 1,641.52 1932.65095 OFFICE DEPOT OFFICE SUPPLIES IT 594.63 1932.65615 ILLINOIS DEPARTMENT OF CENTRAL COMMUNICATION CHARGES 1,925.00 1932.64540 VERIZON WIRELESS (25505)COMMUNICATION CHARGES 1,520.40 1932.65095 OFFICE DEPOT OFFICE SUPPLIES IT 29.99 1932.64505 CALL ONE COMMUNICATION CHARGES 7,953.08 1932.62380 CHICAGO OFFICE TECHNOLOGY GROU COPIER MAINT. AGREEMENT 2,478.65 1932.65615 COMCAST CABLE COMMUNICATION CHARGES 8,068.31 1932.65615 COMCAST CABLE COMMUNICATION CHARGES 71.66 1932.65615 COMCAST CABLE COMMUNICATION CHARGES 245.89 1932.65095 CHICAGO OFFICE TECHNOLOGY GROU STAPLE REFILLS 463.00 24,992.13 1941 PARKING ENFORCEMENT & TICKETS 1941.62451 SALENA ROBINSON TOW REFUND 185.00 1941.52505 MARVIN GOLDSHER REFUND-DUPLICATE PYMNT TICKET 35.00 1941.64005 COMED MONTHLY INVOICE 97.28 1941.52505 MELISSA EVANS REFUND-DUPLICATE PYMNT TICKET 10.00 1941.62451 KAROLINA IVANOVICH TOW REFUND 185.00 1941.64540 NEXTEL WIRELESS SERVICE 702.42 1941.62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM-INVOICE 4,050.00 1941.52505 KSENIA TEREKHOVA REFUND OVERPYMNT TICKET 25.00 1941.64540 NEXTEL COMMUNICATIONS EQUIPMENT CHARGES 99.99 5,389.69 2101 COMMUNITY DEVELOPMENT ADMIN 2101.64540 NEXTEL WIRELESS SERVICE 710.79 2101.64540 NEXTEL COMMUNICATIONS EQUIPMENT CHARGES 649.99 1,360.78 2105 PLANNING & ZONING 2105.62285 AARYNN/ALLYSSA TRUCKING COURIER SERVICE 113.72 *Advanced Payment 2114 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 113.72 2115 HOUSING CODE COMPLIANCE 2115.64540 NEXTEL WIRELESS SERVICE 320.32 2115.65085 IMAGING OFFICE SYSTEMS INC ROLLER PICK UP EXPENSES 318.75 2115.65085 IMAGING OFFICE SYSTEMS INC SERVICE SUPPLY 322.50 2115.62190 GARRISON, LARRY REPAIRS/DOORS & WALLS 390.00 2115.62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVALS 1,041.62 2,393.19 2120 HOUSING REHABILITATION 2120.64540 NEXTEL WIRELESS SERVICE 103.94 103.94 2126 BUILDING INSPECTION SERVICES 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 150.00 2126.52080 EVANSTON CONGREGATION OF JEHOV REFUND PERMIT- SCOPE REDUCTION 720.00 2126.62360 GARESCHE JR, CLAUDE F IAEI REGISTRATION 60.00 2126.64540 NEXTEL WIRELESS SERVICE 106.15 2126.62464 HAAS, VALEREE UPDATING RENTAL REGISTRATION 700.00 2126.62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTIONS 4,000.00 5,736.15 2128 EMERGENCY SOLUTIONS GRANT 2128.67115 INTERFAITH ACTION OF EVANSTON ESG SUPPLIES/STAFF EXPENSES 8,300.00 2128.67110 CONNECTIONS FOR THE HOMELESS ESG EXPENSES 3,859.27 12,159.27 2205 POLICE ADMINISTRATION 2205.65125 EVANSTON FUNERAL & CREMATION REMOVALS 1,770.00 2205.65085 A-MIDWEST BOARD-UP INC.BOARD UP 1824 GREY 372.00 2205.68205 NATIONAL AWARD SERVICES INC FEDERAL ASSISTANCE TO NET 87.00 2205.61710 EDDINGTON, RICHARD *REIMB. DISABILITY INSURANCE 1,309.21 3,538.21 2210 PATROL OPERATIONS 2210.65020 NEAL, MARTIN REIMB. HOLSTER PURCHASE 131.24 2210.65020 NORTHERN ILLINOIS POLICE ALARM UNIFORM & EQUIPMENT 1,060.00 1,191.24 2215 CRIMINAL INVESTIGATION 2215.62370 DE LEON, ERVIN FILM NORTAF CASE REIMB.172.17 2215.65095 GROVER WELDING COMPANY LONG GUN STEEL STORAGE RACK 675.00 847.17 2240 POLICE RECORDS 2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 38.06 2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 294.60 2240.65095 OFFICE DEPOT FY 2012 OFFICE SUPPLIES 216.03 548.69 2245 COMMUNICATIONS 2245.64540 NEXTEL COMMUNICATIONS EQUIPMENT CHARGES 449.95 2245.64540 NEXTEL WIRELESS SERVICE 2,403.51 2245.65085 OFFICE CONCEPTS SUPPLY & INSTALL FURNITURE 1,498.51 *Advanced Payment 3115 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 4,351.97 2250 SERVICE DESK 2250.65040 LEMOI HARDWARE CARTON SEAL TAPE 20.89 2250.65040 LEMOI HARDWARE PLUG-2 PIN 12.71 2250.65040 LEMOI HARDWARE BATTERY & GLUE 19.48 2250.65040 LEMOI HARDWARE JANITORIAL SUPPLIES 24.97 2250.65040 LEMOI HARDWARE DOOR HOLD KICK 18.16 2250.65040 LAPORT INC JANITORIAL SUPPLIES 346.07 2250.62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTIONS 176.00 2250.65040 BETTER METHODS BLACK LINER 471.05 2250.65020 UNIFORMITY, INC.UNIFORMS 237.70 1,327.03 2251 311 CENTER 2251.64505 AT & T 8100 *311 SERVICE 398.12 2251.64505 AT & T MOBILITY WIRELESS SERVICE 36.19 2251.64505 WEBQA, INC.311 TRACKING SOFTWARE 5,310.00 5,744.31 2255 OFFICE-PROFESSIONAL STANDARDS 2255.61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 92.40 92.40 2270 TRAFFIC BUREAU 2270.65125 NORTH SHORE TOWING TOW & HOOK 50.00 2270.65085 L3 COMMUNICATIONS B-STOCK FRONT COVER & INSTALL 90.25 2270.65085 L3 COMMUNICATIONS DOCKING STATION & INSTALL 121.00 2270.65125 NORTH SHORE TOWING TOW & HOOK 50.00 2270.65125 NORTH SHORE TOWING DISREGARD 12-152923 10.00 2270.65125 SETH MILLER TOW REFUND 185.00 2270.65125 NORTH SHORE TOWING TOW & HOOK 50.00 2270.65125 NORTH SHORE TOWING TOW & HOOK-EPD 120.00 2270.65125 NORTH SHORE TOWING TOW & HOOK 50.00 2270.65085 L3 COMMUNICATIONS SERVICE AGREEMENT 218.00 944.25 2280 ANIMAL CONTROL 2280.62225 ANDERSON PEST CONTROL PEST CONTROL 52.76 2280.62225 ANDERSON PEST CONTROL PEST CONTROL 52.76 105.52 2285 PROBLEM SOLVING TEAM 2285.61055 MARIANNE RING CRIME ANALYSIS 1,768.00 1,768.00 2305 FIRE MGT & SUPPORT 2305.64540 NEXTEL WIRELESS SERVICE 512.12 2305.65050 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 663.95 2305.65020 UNIFORMITY, INC.UNIFORMS 69.90 2305.65020 UNIFORMITY, INC.UNIFORMS 151.75 2305.65020 UNIFORMITY, INC.UNIFORMS 127.95 2305.65020 UNIFORMITY, INC.UNIFORMS 487.95 2305.65020 UNIFORMITY, INC.UNIFORMS 144.75 *Advanced Payment 4116 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2305.65020 UNIFORMITY, INC.UNIFORMS 148.35 2305.65020 UNIFORMITY, INC.UNIFORMS 390.45 2305.65020 UNIFORMITY, INC.UNIFORMS 13.95 2305.65020 UNIFORMITY, INC.UNIFORMS 719.70 2305.65020 UNIFORMITY, INC.UNIFORMS 17.95 2305.65020 UNIFORMITY, INC.UNIFORMS 97.70 2305.65020 UNIFORMITY, INC.UNIFORMS 209.50 2305.65020 UNIFORMITY, INC.UNIFORMS 110.70 2305.65020 UNIFORMITY, INC.UNIFORMS 129.65 2305.65020 UNIFORMITY, INC.UNIFORMS 69.90 2305.65020 UNIFORMITY, INC.UNIFORMS 274.45 2305.65020 UNIFORMITY, INC.UNIFORMS 61.95 2305.65020 UNIFORMITY, INC.UNIFORMS 56.95 2305.65020 UNIFORMITY, INC.UNIFORMS 201.75 2305.65020 UNIFORMITY, INC.UNIFORMS 39.95 2305.65020 UNIFORMITY, INC.UNIFORMS 135.50 2305.65020 UNIFORMITY, INC.UNIFORMS 74.95 2305.65020 UNIFORMITY, INC.UNIFORMS 39.95 2305.65020 UNIFORMITY, INC.UNIFORMS 215.40 2305.65020 UNIFORMITY, INC.UNIFORMS 167.35 2305.65020 UNIFORMITY, INC.UNIFORMS 5.85 2305.65020 UNIFORMITY, INC.UNIFORMS 114.75 2305.65020 UNIFORMITY, INC.UNIFORMS 182.60 2305.65020 UNIFORMITY, INC.UNIFORMS 17.90 2305.65020 UNIFORMITY, INC.UNIFORMS 95.95 2305.65020 UNIFORMITY, INC.UNIFORMS 949.65 2305.65020 UNIFORMITY, INC.UNIFORMS 66.95 2305.65020 UNIFORMITY, INC.UNIFORMS 129.80 2305.65020 UNIFORMITY, INC.UNIFORMS 111.75 2305.65020 UNIFORMITY, INC.UNIFORMS 5.85 2305.65020 UNIFORMITY, INC.UNIFORMS 338.20 2305.65020 UNIFORMITY, INC.UNIFORMS 307.15 2305.65020 UNIFORMITY, INC.UNIFORMS 187.60 2305.65020 UNIFORMITY, INC.UNIFORMS 43.95 2305.65020 UNIFORMITY, INC.UNIFORMS 39.95 2305.65020 UNIFORMITY, INC.UNIFORMS 139.60 2305.65020 UNIFORMITY, INC.UNIFORMS 344.75 2305.65020 UNIFORMITY, INC.UNIFORMS 155.50 2305.65020 UNIFORMITY, INC.UNIFORMS 56.95 2305.65020 UNIFORMITY, INC.UNIFORMS 56.95 2305.65020 AIR ONE EQUIPMENT UNIFORMS 610.00 2305.65020 AIR ONE EQUIPMENT TURN OUT GEAR 2,102.00 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 1,176.30 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 896.10 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 1,190.00 2305.65020 EVANSTON IMPRINTABLES,INC.UNIFORMS 493.20 2305.65020 UNIFORMITY, INC.UNIFORMS 83.90 15,237.57 2315 FIRE SUPPRESSION *Advanced Payment 5117 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2315.65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 333.36 2315.65010 RESURRECTION HEALTH CARE CITIZEN CPR SUPPLIES 155.00 2315.62295 VILLAGE OF ROMEOVILLE FIRE ACA FIREFIGHTER TRAINING 335.00 2315.65090 W S DARLEY & CO SAFETY SUPPLIES 88.15 2315.65085 LEMOI HARDWARE REPAIR PARTS 23.62 2315.62295 MABAS DIVISION III DEPARTMENT TRAINING 3,150.00 2315.65075 MICRO-SCIENTIFIC INFECTION CONTROL SUPPLIES 108.10 2315.62295 NORTHEASTERN ILLINOIS PUBLIC S TRAINING 80.00 2315.62521 EMSAR CHICAGO/MILWAUKEE STRETCHER REPAIR 1,120.64 2315.65090 FROGGMAN INDUSTRIES DBA FROGGM DRY SUIT REPAIR 128.00 2315.65090 FROGGMAN INDUSTRIES DBA FROGGM DRY SUIT REPAIR 360.00 2315.65040 GRAINGER, INC., W.W.JANITORIAL SUPPLIES 101.90 2315.62360 ILLINOIS FIRE ACCREDITATION MA IFAM MEMBERSHIP 100.00 2315.62295 INFECTION CONTROL/EMERGING CON DEPARTMENT TRAINING 500.00 2315.65090 J & L ENGRAVING SAFETY SUPPLIES 42.50 2315.62295 JAKUS, ANDREW L PARAMEDIC LICENSE COURSE 2,995.00 2315.62295 JENNINGS, MICHAEL P PARAMEDIC LICENSE 41.75 2315.65040 LAPORT INC JANITORIAL SUPPLIES 171.24 2315.65040 LAPORT INC JANITORIAL SUPPLIES 201.35 2315.65040 LAPORT INC JANITORIAL SUPPLIES 93.84 2315.65040 LAPORT INC JANITORIAL SUPPLIES 95.51 2315.65085 LEMOI HARDWARE ROPE COIL RETURN 11.81- 10,213.15 2425 DENTAL SERVICES 2425.65095 SMILEMAKERS DENTAL SUPPLIES 38.24 2425.62521 PATTERSON DENTAL SUPPLY, INC. DENTAL SUPPLIES 26.00 64.24 2435 FOOD AND ENVIRONMENTAL HEALTH 2435.65095 OFFICE DEPOT OFFICE SUPPLIES 80.49 2435.64540 NEXTEL WIRELESS SERVICE 144.35 224.84 2440 VITAL RECORDS 2440.53220 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 1,584.00 1,584.00 2605 DIRECTOR OF PUBLIC WORKS 2605.64540 NEXTEL WIRELESS SERVICE 57.46 57.46 2610 MUNICIPAL SERVICE CENTER 2610.62415 FLUORECYCLE, INC.HAZARDOUS WASTE DISPOSAL 906.91 2610.65085 LEMOI HARDWARE PAINT BRUSH/MAKING TAPE 18.19 2610.62225 SMITHEREEN PEST MANAGEMENT SER RODENT CONTROL 93.00 2610.65515 CENTRAL RUG & CARPET CO.MODIFY ORDER RED OAK FLOORING 775.00 2610.65515 CENTRAL RUG & CARPET CO.SUPPLY & INSTALL CARPET 2,265.00 4,058.10 2625 ENGINEERING 2625.62280 FEDERAL EXPRESS CORP.SHIPPING 53.19 2625.65105 MASTER GRAPHICS TONER KIT 854.68 *Advanced Payment 6118 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 2625.62280 FEDERAL EXPRESS CORP.MONTHLY CHARGES 48.36 956.23 2630 TRAFFIC ENGINEERING 2630.52126 PATRICK, JEFF REFUND STORAGE CONTAIN. PERMIT 100.00 2630.62210 MSF GRAPHICS, INC.VISITOR HANG TAGS-2013 2,586.51 2,686.51 2640 TRAF. SIG. & ST. LIGHT. MAINT 2640.64007 COMED MONTHLY CHARGES 6,926.09 2640.64006 COMED MONTHLY CHARGES 198.10 2640.64006 COMED MONTHLY CHARGES 67.26 2640.64006 COMED MONTHLY CHARGES 15,628.13 2640.65070 SAM SCHWARTZ ENGINEERING, PLLC TRAFFIC & PEDESTRIAN SAFETY ST 1,217.43 2640.64007 COMED MONTHLY CHARGES 79.52 2640.64006 COMED MONTHLY CHARGES 277.49 2640.65070 MIDWEST FENCE COMPANY EMERGENCY GUARD RAIL REPAIR 2,881.00 2640.65070 BROWN TRAFFIC PRODUCTS TRAFFIC SIGNAL HEAD PURCHASE 3,470.00 2640.65070 BROWN TRAFFIC PRODUCTS TRAFFIC SIGNAL HEAD PURCHASE 732.00 31,477.02 2645 PARKING ENFORCEMENT & TICKETS 2645.52505 SEWELL, JERMAINE H.REIMB. PARKING CITATION 100.00 100.00 2665 STREETS AND SANITATION ADMINIS 2665.64540 NEXTEL WIRELESS SERVICE 2,797.75 2,797.75 2670 STREET AND ALLEY MAINTENANCE 2670.65085 DAIMER INDUSTRIES, INC PURCHASE GUM REMOVAL MACHINE 3,468.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 726.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 930.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 851.00 2670.65055 OZINGA CHICAGO RMC, INC.FY2012 CONCRETE PURCHASE 365.00 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 356.72 2670.65625 DELL COMPUTER CORP.PUBLIC WORKS LAPTOP 798.87 2670.65055 HEALY ASPHALT FY2012 HOT MIX ASPHALT 851.56 8,347.15 3005 REC. MGMT. & GENERAL SUPPORT 3005.64540 NEXTEL WIRELESS SERVICE 57.46 57.46 3020 RECREATION GENERAL SUPPORT 3020.64540 NEXTEL WIRELESS SERVICE 57.46 57.46 3025 PARK UTILITIES 3025.64005 COMED MONTHLY CHARGES 49.24 3025.64005 COMED MONTHLY CHARGES 16.84 3025.64015 NICOR 0632 MONTHLY CHARGES 277.80 3025.64005 COMED MONTHLY CHARGES 124.84 3025.64005 COMED MONTHLY CHARGES 246.69 715.41 *Advanced Payment 7119 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3030 CROWN COMMUNITY CENTER 3030.62505 FONSECA MARTIAL ARTS MARTIAL ARTS INSTRUCTION 6,580.00 3030.62375 JEAN'S GREENS, INC. PLANT SERVICES 50.00 3030.62505 FONSECA MARTIAL ARTS MARTIAL ARTS INSTRUCTION 2,830.00 3030.62505 FONSECA MARTIAL ARTS MARTIAL ARTS INSTRUCTION 3,113.00 3030.62505 VAN DER KARR, MICHELLE A.INSTR. ADULT DANCE CLASS 220.00 3030.62505 COUSSENS, DARCY INSTRUCTOR YOUTH DANCE CLASS 340.00 13,133.00 3035 CHANDLER COMMUNITY CENTER 3035.62507 NICKEL CITY SCHOOL DAY OFF FIELD TRIP 76.00 3035.62205 EVANSTON ROUND TABLE LLC CHANDLER FALL PROGRAMS ADVERT 302.00 3035.65040 LAPORT INC JANITORIAL SUPPLIES 52.42 3035.64540 NEXTEL WIRELESS SERVICE 41.43 3035.65040 LAPORT INC JANITORIAL SUPPLIES 118.56 3035.62507 CLASSIC BOWL SCHOOL DAY OFF FIELD TRIP 52.50 3035.65050 GRAINGER, INC., W.W.GYM/RACQUETBALL COURT LAMPS 436.90 1,079.81 3040 FLEETWOOD JOURDAIN COM CT 3040.62511 WRIGHT, TONY BALLON SCULPTING HALLOWEEN 125.00 3040.65110 COMCAST CABLE COMMUNICATION CHARGES 94.85 3040.65110 SPECIALTY FLOORS, INC.CLEAN AND COAT GYM & DANCE 2,808.00 3040.65040 LAPORT INC JANITORIAL SUPPLIES 78.48 3040.65110 BAUM SIGN, INC.TIGHTENED CONTROLLER ANTENNA 230.00 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/29 184.88 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/22 271.88 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/30 250.13 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/15 685.13 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/2 119.63 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/8 739.50 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/10 239.25 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/1 478.50 3040.62507 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/1 261.00 3040.64540 NEXTEL WIRELESS SERVICE 73.61 6,639.84 3045 FLEETWOOD/JOURDAIN THEATR 3045.62511 SULLIVAN, ELANA ELYCE PERFORMER FJT 'HOME'50.00 3045.62511 FIELDS, ARMAND PERFORMER FJT 'HOME'50.00 100.00 3050 RECREATION OUTREACH PROGRAM 3050.62511 WRIGHT, TONY BALLON SCULPTING HALLOWEEN 125.00 3050.62205 QUARTET COPIES POSTERS 182.00 307.00 3055 LEVY CENTER SENIOR SERVICES 3055.62505 ADBRIDON CORP.(2) 8 WEEK SPANISH CLASS INSTR 900.00 3055.64540 NEXTEL WIRELESS SERVICE 27.12 3055.56045 ILLINOIS DEPT OF REVENUE *SALES TAX SEPT. 2012 38.00 3055.65110 SCHWARTZ PIANO SERVICE PIANO TUNING 240.00 3055.62505 COMPUTER TRAINING & SUPPORT SE APPLE IPAD CLASS INSTRUCTION 60.00 *Advanced Payment 8120 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3055.62505 COMPUTER TRAINING & SUPPORT SE EXCEL BOOTCAMP CLASS 100.00 3055.65025 CATHOLIC CHARITIES OF CHICAGO CATERING SERVICES MEAL 2,178.75 3055.62210 ALLEGRA PRINT & IMAGING LEVY CENTER PRINTING 575.00 3055.65095 ILLINOIS PAPER COMPANY OFFICE PAPER 2012 222.60 3055.61062 ST. MORITZ SECURITY SERVICES, PRIVATE SECURITY FOR RENTAL 546.00 3055.65020 WILL ENTERPRISES STAFF SHIRTS 295.10 3055.65110 CHICAGO SPOTLIGHT SPOT LIGHTS 158.00 5,340.57 3080 BEACHES 3080.64540 NEXTEL WIRELESS SERVICE 77.83 77.83 3085 RECREATION FACILITY MAINT 3085.64540 NEXTEL WIRELESS SERVICE 59.36 59.36 3095 CROWN ICE RINK 3095.62508 KNUTSON, KRISTOFER R.REFEREE ADULT BROOMBALL 360.00 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/1 119.63 3095.62508 LEVI, MATTHEW REFEREE ADULT BROOMBALL 180.00 3095.62508 PFEIFFER, SHAWN REFEREE ADULT BROOMBALL 180.00 3095.64540 NEXTEL WIRELESS SERVICE 104.01 3095.62495 ANDERSON PEST CONTROL PEST CONTROL 79.00 3095.62495 ANDERSON PEST CONTROL PEST CONTROL 70.08 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 3095.62245 JORSON & CARLSON BLADE SHARPENING 35.49 3095.62375 JEAN'S GREENS, INC. PLANT SERVICES 50.00 3095.65095 ILLINOIS PAPER COMPANY COPIER PAPER 191.00 3095.62251 FOX VALLEY FIRE & SAFETY EMERGENCY REPAIR FIRE ALARM 3,938.00 3095.65040 LAPORT INC JANITORIAL SUPPLIES 2012 234.65 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/22 326.25 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/17 108.75 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/17 141.38 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/16 728.63 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/15 108.75 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/10 358.88 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/9 108.75 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/8 130.50 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/3 848.25 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/3 239.25 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS 8/2 391.50 3095.62490 POSITIVE CONNECTIONS, INC.FIELD TRIP BUS GREAT AMERICA 1,239.75 3095.62508 BABICZ, GEORGE S.SCOREKEEPER ADULT BROOMBALL 120.00 10,427.99 3110 TENNIS 3110.62505 E-TOWN TENNIS INSTRUCTION YOUTH & ADULT 4,954.22 4,954.22 3130 SPECIAL RECREATION 3130.64540 NEXTEL WIRELESS SERVICE 62.15 62.15 *Advanced Payment 9121 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3140 BUS PROGRAM 3140.64540 NEXTEL WIRELESS SERVICE 27.12 27.12 3150 PARK SERVICE UNIT 3150.64540 NEXTEL WIRELESS SERVICE 54.24 54.24 3205 COMMUNITY RELATIONS 3205.62490 DONGVILLO FARM LINK MARKET VENDOR 9/15-29 98.00 3205.62490 BRUNKOW CHEESE LINK MARKET VENDOR 9/22-29 51.00 3205.62490 D & H FARMS LINK MARKET VENDOR 9/15-22 44.00 3205.62490 DENNY'S ACRES LINK MARKET VENDOR 9/8-22 50.00 3205.62490 ELKO'S PRODUCE AND GREENHOUSE LINK MARKET VENDOR 9/15-22 33.00 3205.62490 FIRST, JON LINK MARKET VENDOR 9/22-29 272.00 3205.62490 FROSTY PRODUCTION LINK MARKET VENDOR 9/15-22 142.00 3205.62490 GAST, ED LINK MARKET VENDOR 9/22-29 113.00 3205.62490 GENEVA LAKES PRODUCE LINK MARKET VENDOR 9/22-29 81.00 3205.62490 GREEN ACRES LINK MARKET VENDOR 9/22 89.00 3205.62490 GREAT HARVEST BREAD CO.LINK MARKET VENDOR 9/15-29 44.00 3205.62490 HEARTLAND MEATS LINK MARKET VENDOR 9/22-29 187.00 3205.62490 HENRY'S FARM LINK MARKET VENDOR 9/22-29 303.00 3205.62490 J.W. MORLOCK AND GIRLS LINK MARKET VENDOR 8/25-9/22 53.00 3205.62490 K.V. STOVER AND SON LINK MARKET VENDOR 9/22-29 215.00 3205.62490 K & K FARM'S LINK MARKET VENDOR 9/29 40.00 3205.62490 KINNIKINNICK FARM LINK MARKET VENDOR 9/22 85.00 3205.62490 LAKE BREEZE ORGANICS LINK MARKET VENDOR 9/22-29 115.00 3205.62490 LYON'S FARM LINK MARKET VENDOR 9/8-29 99.00 3205.62490 M AND D FARMS LINK MARKET VENDOR 9/8-29 107.00 3205.62490 MARILYN'S BAKERY LINK MARKET VENDOR 9/8-22 31.00 3205.62490 NEW TRADITIONS FARM LINK MARKET VENDOR 5/5-9/22 55.00 3205.62490 NICHOLS FARM & ORCHARD LINK MARKET VENDOR 9/22-29 142.00 3205.62490 NOFFKE FAMILY FARM LINK MARKET VENDOR 9/22 31.00 3205.62490 OLD TOWN OIL LINK MARKET VENDOR 8/11-9/22 90.00 3205.62490 RIVER VALLEY RANCH LINK MARKET VENDOR 9/22-29 116.00 3205.62490 SEEDLING LINK MARKET VENDOR 9/15-29 65.00 3205.62490 SMITS FARMS LINK MARKET VENDOR 9/15-29 54.00 3205.62490 TERESA'S FRUIT AND HERBS LINK MARKET VENDOR 9/22 36.00 3205.62490 TINY GREENS INC LINK MARKET VENDOR 9/29 36.00 3205.62490 TOMATO MOUNTAIN FARM LINK MARKET VENDOR 7/7-9/22 47.00 3205.62490 ZELDENRUST FARM LINK MARKET VENDOR 9/15-29 97.00 3205.62490 HILTON ORRINGTON/EVANSTON 50/50 EMPLOYMENT SYEP 1,221.00 3205.62490 KIWANIS 50/50 EMPLOYMENT SYEP 1,190.64 3205.62490 T.E. AND COMPANY 50/50 EMPLOYMENT SYEP 3,384.00 3205.62490 EVANSTON TOWNSHIP HIGH SCHOOL 50/50 EMPLOYMENT SYEP 2,720.00 3205.62490 SALVATION ARMY 50/50 EMPLOYMENT SYEP 3,384.00 3205.62490 ACTOR'S GYMNASIUM 50/50 EMPLOYMENT SYEP 4,162.00 3205.62490 KRAVE, LLC 50/50 EMPLOYMENT SYEP 7,894.00 3205.62490 MCGAW YMCA 50/50 EMPLOYMENT SYEP 7,760.00 3205.62490 DAVIS TRANSPORTATION 50/50 PROGRAM MSYEP 2012 1 EMP 521.00 35,257.64 *Advanced Payment 10122 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3215 YOUTH ENGAGEMENT DIVISION 3215.62490 FOCUS C/O RUDCHLAD, ADAM OPEN MIC PRINTING/PHOTO 75.00 75.00 3505 PARKS & FORESTRY GENERAL SUP 3505.62375 METROPOLITAN WATER RECLAMATION ANNUAL BILLING 1,300.00 3505.64540 NEXTEL WIRELESS SERVICE 608.56 1,908.56 3510 HORTICULTURAL MAINTENANCE 3510.62195 LANDSCAPE CONCEPTS MANAGEMENT, CUSTER STREET BEDS 1,590.00 3510.65070 KIMBALL MIDWEST PARTS 143.68 3510.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 105.31 3510.62195 STO-COTE PRODUCTS REPLACEMENT RINK LINERS 3,120.37 3510.62195 REINDERS, INC.EQUIPMENT PURCHASE 3,500.00 3510.65070 REINDERS, INC.WHEEL/TIRE 424.49 3510.65070 NATIONAL AWARD SERVICES INC PLASTIC PLATE 40.00 3510.62199 NATIONAL AWARD SERVICES INC PLASTIC PLATE 60.00 3510.65015 LURVEY LANDSCAPE SUPPLY POND DYE 56.00 9,039.85 3520 DUTCH ELM DISEASE CONTROL 3520.65085 RUSSO POWER EQUIPMENT BAR & CHAIN OIL 51.96 51.96 3525 TREE PLANTING 3525.65005 WEST CENTRAL MUNICIPAL CONFERE PLANTINGS 4,510.00 4,510.00 3530 PRIVATE ELM TREE INSURANCE 3530.62385 GLENWOOD TREE EXPERTS TREE REMOVAL 800.00 800.00 3605 ECOLOGY CENTER 3605.65095 OFFICE DEPOT OFFICE SUPPLIES 2.13 3605.62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES 60.72 3605.62490 PRINCE CORPORATION BIRD FEED 938.36 1,001.21 3610 ECO-QUEST DAY CAMP 3610.64540 NEXTEL WIRELESS SERVICE 14.16 14.16 3710 NOYES CULTURAL ARTS CTR 3710.64540 NEXTEL WIRELESS SERVICE 75.37 3710.62425 LIFTOMATIC ELEVATOR, INC ELEVATOR MAINTENANCE 150.00 3710.65040 LAPORT INC JANITORIAL SUPPLY NOYES 2012 264.86 3710.65040 LAPORT INC JANITORIAL SUPPLY NOYES 2012 435.14 3710.65040 LAPORT INC JANITORIAL SUPPLY NOYES 2012 67.96 993.33 3720 CULTURAL ARTS PROGRAMS 3720.62490 DIEDRICH, NORAH LKSHR ARTS FEST JUDGE 75.00 75.00 3805 FACILITIES ADMINISTRATION *Advanced Payment 11123 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 3805.64005 COMED MONTHLY CHARGES 128.99 3805.64540 NEXTEL WIRELESS SERVICE 77.92 3805.64015 NICOR 0632 MONTHLY CHARGES 84.15 3805.64015 NICOR 0632 MONTHLY CHARGES 75.79 366.85 3806 CIVIC CENTER SERVICES 3806.65040 LAPORT INC JANITORIAL SUPPLIES 143.14 3806.65040 LAPORT INC JANITORIAL SUPPLIES 1,169.47 3806.62225 DUSTCATCHERS, INC.ONE (1) YEAR SERVICE 229.00 3806.64540 NEXTEL WIRELESS SERVICE 107.64 3806.65040 LAPORT INC JANITORIAL SUPPLIES 173.80 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 125.95 3806.62225 ANDERSON PEST CONTROL PEST CONTROL 464.20 2,413.20 3807 CONSTRUCTION AND REPAIRS 3807.64540 NEXTEL WIRELESS SERVICE 850.64 850.64 285,644.26 00185 LIBRARY FUND 4806 LIBRARY ADULT SERVICES 4806.65635 SUN-TIMES MEDIA PERIODICALS 572.00 4806.62341 MORNINGSTAR INTERNET SOLUTION PROVIDERS 578.75 1,150.75 4820 LIBRARY CIRCULATION 4820.52610 UNIQUE MANAGEMENT SERVICES COLLECTIONS CHARGES 187.95 187.95 4825 LIBRARY NEIGHBORHOOD SERVICES 4825.64015 NICOR 0632 MONTHLY CHARGES 2.03 2.03 4835 LIBRARY TECHNICAL SERVICES 4835.62340 BAKER & TAYLOR INTERNET SOLUTIONS PROVIDERS 2,895.00 4835.62341 COOPERATIVE COMPUTER SERVICES COMPUTER SERVICES 3,687.76 6,582.76 4840 LIBRARY MAINTENANCE 4840.62245 AMERICAN MESSAGING PAGER 5.30 4840.62225 SCHINDLER ELEVATOR CORP ELEVATOR SERVICE 2,583.72 4840.62225 CINTAS #769 MAT SERVICE 64.19 4840.65040 LAPORT INC JANITORIAL SERVICES 592.80 4840.62235 ACCOUNTOR SYSTEMS OFFICE EQUIPMENT MAINTENANCE 440.00 3,686.01 4845 LIBRARY ADMINISTRATION 4845.56140 ILLINOIS DEPT OF REVENUE *SALES TAX SEPT. 2012 115.00 4845.64540 NEXTEL WIRELESS SERVICE 27.12 4845.65095 OFFICE DEPOT OFFICE SUPPLIES 112.85 254.97 *Advanced Payment 12124 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 11,864.47 00195 NEIGHBOR.STABILIZATION PROGRAM 5006 PROGRAM DELIVERY 5006.62205 EVANSTON ROUND TABLE LLC AD NSP2 334.00 334.00 334.00 00205 EMERGENCY TELEPHONE SYSTEM 5150 EMERGENCY TELEPHONE SYSTM 5150.64540 NEXTEL WIRELESS SERVICE 1,543.82 5150.62295 POLINSKI, PERRY J MEALS-PUBLIC SAFETY CONF.108.00 5150.64505 AT & T 8100 COMMUNICATION CHARGES 475.28 5150.62295 KUEMPEL, CURT A MEALS-PUBLIC SAFETY CONF.108.00 5150.62295 DRAKE, BRIAN MEALS-PUBLIC SAFETY CONF.108.00 5150.64540 VERIZON WIRELESS (25505)WIRELESS SERVICE 2,774.73 5,117.83 5,117.83 00215 CDBG FUND 5170 PUBLIC IMPROVEMENTS 5170.62956 CHILD CARE CENTER OF EVANSTON PERMEABLE PAVER WALKWAY 15,000.00 15,000.00 5203 HANDYMAN 5203.63095 CEDA, INC.HANDYMAN PROGRAM 1,070.84 1,070.84 5205 TARGETED CODE ENFORCEMENT 5205.62770 TEPIC LANDSCAPING, INC.LAWN 1131 SHERMAN 120.00 5205.62770 TEPIC LANDSCAPING, INC.REMOVE FENCE 422 GREENLEAF 280.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 2232 MADISON PL 125.00 5205.62770 ABG SERVICES, INC.CASE 06-2398 2020 GREENBAY 280.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 1315 PITNER 80.00 5205.62770 TEPIC LANDSCAPING, INC.CUT ALLEY-1326 DOBSON 35.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 1623 SOUTH BLVD 40.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 1323 DOBSON 90.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 1824 EMERSON 60.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 101-109 HARTREY 150.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 1717 HOWARD 280.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 1507 DARROW 150.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 1717 DARROW 160.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 2421 BRADLEY PL 110.00 5205.62770 TEPIC LANDSCAPING, INC.LAWN 1719 HOWARD 105.00 2,065.00 5220 CDBG ADMINISTRATION 5220.62205 EVANSTON ROUND TABLE LLC AD- ACTION PLAN 595.00 595.00 18,730.84 00220 CD LOAN FUND 5295 GARAGE DEMOLITION *Advanced Payment 13125 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 5295.62190 GLENWOOD TREE EXPERTS CASE TREE 0112 2305 BROWN 1,250.00 1,250.00 1,250.00 00225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 5300.65522 WEST END BUSINESS ASSOCIATION BUSINESS DISTRICT IMPROVMNTS 1,500.00 5300.62660 VELCHEV, GEORGE CE ROOF DRAIN REPAIRS 1817 CHURCH 1,760.00 5300.65522 MAIN STREET MERCHANTS WEB DEVELOPMENT 400.00 5300.62660 BARTCO CONSTRUCTION, INC.ROOF REPAIR 1817 CHURCH 1,500.00 5300.62136 WILD CROW COMMUNICATION, INC DELICIOUS MAGAZINE WOOTHEME 6,340.00 5300.65625 OFFICE CONCEPTS SUPPLY & INSTALL FURNITURE PER 8,998.41 20,498.41 20,498.41 00300 WASHINGTON NATL TIF DEBT SERV 5476 CAPITAL PROJ.-WASHINGTON TIF 5476.62216 KRIVANEK & BREAUX/ART & DESIGN PUBLIC ART PROJECT SHERMAN 18,750.00 18,750.00 18,750.00 00335 WEST EVANSTON 5870 WEST EVANSTON TIF 5870.62605 MAROUS & COMPANY APPRAISAL REPORT ARTS CENTER 3,800.00 3,800.00 3,800.00 00415 CAPITAL IMPROVEMENTS FUND 415175 CIVIC CTR RENOVATIONS 415175.65510 BEHLES & BEHLES PROVIDE CONSULTING SERVICES 13,984.45 415175.62145 KLAUCENS & ASSOCIATES, INC.CIVIC CENTER FIRE PUMP DESIGN 250.00 415175.65653 UNITED STATES ALLIANCE FIRE PR BID #12-58 - CIVIC CENTER 16,785.00 31,019.45 415176 CIVIC CTR PRK LOT LIGHTING IMP 415176.62145 KLAUCENS & ASSOCIATES, INC.CIVIC CENTER PARKING LOT 1,400.00 1,400.00 415663 NOYES ROOF PROJECT 415663.65653 PBR CHICAGO PROFESSIONAL BLDG NOYES CENTER - NORTHEAST 17,505.00 17,505.00 415739 POLICE FIRE ROOF REPLACEMENT 415739.65510 L. MARSHALL ROOFING AND SHEET REMOVE & REPLACE ROOF SYSTEM 205,380.00 205,380.00 415871 TRAFFIC SIGNAL UPGRADES 415871.65515 STANLEY CONSULTANTS INC.SHERIDAN RD SIGNAL MODERIZATIO 40,985.84 40,985.84 415885 BRIDGE REHAB PROGRAM 415885.65515 ALFRED BENESCH & COMPANY BRIDGE STREET BRIDGE PROJECT 10,440.86 10,440.86 *Advanced Payment 14126 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 415898 Church St Rehab-Dodge-Ashland 415898.65515 CHICAGOLAND PAVING CONTRACTORS 2012 CHURCH ST IMPROVEMENT PRO 357,889.32 357,889.32 415927 ASBURY (CENTRAL-CHANCELLOR) 415927.65515 CHICAGOLAND PAVING CONTRACTORS 2012 ADDL STREET RESURFACING 60,000.00 60,000.00 415928 BENNETT (SIMPSON TO PAYNE) 415928.65515 CHICAGOLAND PAVING CONTRACTORS 2012 ADDL STREET RESURFACING 71,000.00 71,000.00 415929 BRUMMEL (RIDGE TO ELMWOOD) 415929.65515 CHICAGOLAND PAVING CONTRACTORS 2012 ADDL STREET RESURFACING 70,000.00 70,000.00 415930 DEWEY ( KIRK TO OAKTON ) 415930.65515 CHICAGOLAND PAVING CONTRACTORS 2012 ADDL STREET RESURFACING 82,000.00 82,000.00 415932 HARTREY (LINCOLN TO CENTRAL) 415932.65515 CHICAGOLAND PAVING CONTRACTORS 2012 ADDL STREET RESURFACING 115,507.96 115,507.96 416127 LAKEFRONT MASTER PLAN 416127.62145 AECOM USA, INC.LAKEFRONT CORRIDOR - PHASE 3 23,060.51 23,060.51 1,086,188.94 00420 SPEC ASSESS CAP PROJECT FUND 6367 SPECIAL ASSESSMENT 1453 6367.56570 COUNTY CLERK OF COOK COUNTY REIMB. WARRANT 1453 PI 515.29 6367.56590 COUNTY CLERK OF COOK COUNTY REIMB. WARRANT 1453 PI 293.62 808.91 808.91 00505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 7005.64540 NEXTEL WIRELESS SERVICE 291.11 7005.62431 GARDA CL GREAT LAKES, INC.MONTHLY INVOICE 1,270.50 1,561.61 7015 PARKING LOTS & METERS 7015.68205 IPS GROUP, INC.METER BATTERIES 290.00 7015.64005 COMED MONTHLY INVOICE 399.89 7015.64005 COMED MONTHLY INVOICE 239.90 7015.62375 CHICAGO TRANSIT AUTHORITY RENT-LOT 19-BENSON CHURCH 990.00 7015.53510 COOK COUNTY COLLECTOR *PARKING TAX SEPT. 2012 240.00 7015.65070 IPS GROUP, INC.MONTHLY INVOICE 410.50 2,570.29 7025 CHURCH STREET GARAGE 7025.53515 PASCAL BERTHOUMIEUX ACCESS CARD REFUND 25.00 7025.64505 CALL ONE COMMUNICATION CHARGES 1,034.28 7025.62400 CENTRAL PARKING SYSTEM OF ILLI MAINTENANCE AND OPERATION 23,918.61 *Advanced Payment 15127 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7025.53500 COOK COUNTY COLLECTOR *PARKING TAX SEPT. 2012 2,034.50 7025.62509 SIMPLEX GRINNELL ALARM MONITORING AGREEMENT 459.50 7025.62509 SIMPLEX GRINNELL ALARM MAINTENANCE AGREEMENT 1,195.00 7025.53515 NICHOLAS SALZETTA ACCESS CARD REFUND 25.00 7025.65050 GRAINGER, INC., W.W.FLOURESCENT LIGHT BULBS 163.44 28,855.33 7036 SHERMAN GARAGE 7036.53515 JOAO ALMEIDA ACCESS CARD REFUND 25.00 7036.53515 PATRICK ANDERSON ACCESS CARD REFUND 25.00 7036.53515 MAMORA ARIMA ACCESS CARD REFUND 25.00 7036.53515 KATHIE CASEY ACCESS CARD REFUND 25.00 7036.53515 GARY DAVIS ACCESS CARD REFUND 25.00 7036.53515 SAMUEL DAVIS ACCESS CARD REFUND 25.00 7036.53515 JENNIFER DEINES ACCESS CARD REFUND 25.00 7036.53515 DANIELLE FAIRCHILD ACCESS CARD REFUND 25.00 7036.53515 MARI G. FEUER ACCESS CARD REFUND 25.00 7036.62660 INLAND AMERICAN RETAIL MANAGEM MONTHLY INVOICE-MAINTENANCE 7,016.41 7036.53515 VADIM LIBES ACCESS CARD REFUND 25.00 7036.53515 BAYLEA MORGAN ACCESS CARD REFUND 25.00 7036.53515 POINTER, ALISA ACCESS CARD REFUND 25.00 7036.53515 BARBARA SANTIAGO ACCESS CARD REFUND 25.00 7036.53515 CAROLINE SCHOPP ACCESS CARD REFUND 25.00 7036.53515 SOLOMON SEMERE ACCESS CARD REFUND 25.00 7036.53515 REBECCA SIADEK ACCESS CARD REFUND 25.00 7036.53515 MICHAEL ST. JULES ACCESS CARD REFUND 25.00 7036.53515 OSIFO UYI ACCESS CARD REFUND 25.00 7036.53515 KEVIN YAO ACCESS CARD REFUND 25.00 7036.53515 JOHN WOO ACCESS CARD REFUND 25.00 7036.53515 SYED UMER ZAMAN ACCESS CARD REFUND 25.00 7036.53515 KUNPENG ZHANG ACCESS CARD REFUND 25.00 7036.62400 CENTRAL PARKING SYSTEM OF ILLI MAINTENANCE AND OPERATIONS 54,131.47 7036.62425 THYSSENKRUPP ELEVATOR ELEVATOR MAINTENANCE/REPAIRS 9,211.20 7036.64505 CALL ONE COMMUNICATION CHARGES 1,905.38 7036.53500 COOK COUNTY COLLECTOR *PARKING TAX SEPT. 2012 3,577.75 7036.53515 ALFORD GROUP ACCESS CARD REFUND 25.00 76,417.21 7037 MAPLE GARAGE 7037.53515 SUSAN CRAWFORD C/O MONA CORNWE ACCESS CARD REFUND 25.00 7037.53515 DENISE JACKSON-RILEY ACCESS CARD REFUND 25.00 7037.53515 CHRISTOPHER YUNGMANN ACCESS CARD REFUND 25.00 7037.64015 NICOR 0632 MONTHLY INVOICE 83.46 7037.53510 COOK COUNTY COLLECTOR *PARKING TAX SEPT. 2012 440.00 7037.62400 CENTRAL PARKING SYSTEM OF ILLI MAINTENANCE AND OPERATION 47,837.30 7037.64505 CALL ONE COMMUNICATION CHARGES 1,323.97 7037.53500 COOK COUNTY COLLECTOR *PARKING TAX SEPT. 2012 2,878.00 7037.62425 GRAINGER, INC., W.W.ELEVATOR LAMPS-MAPLE GARAGE 26.65 52,664.38 162,068.82 00510 WATER FUND *Advanced Payment 16128 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 510 WATER FUND 510.22700 BRUCE & HEIDI NELSON REFUND-OVERPYMNT WATER 61.42 61.42 7100 WATER GENERAL SUPPORT 7100.62315 FEDERAL EXPRESS CORP.SHIPPING 69.80 7100.56140 ILLINOIS DEPT OF REVENUE *SALES TAX SEPT. 2012 350.00 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2012 79.41 7100.65095 OFFICE DEPOT OFFICE SUPPLIES FOR FY 2012 37.49 7100.53575 FEDERAL EXPRESS CORP.SHIPPING 165.86 7100.64540 NEXTEL WIRELESS SERVICE 207.88 910.44 7105 PUMPING 7105.64540 NEXTEL WIRELESS SERVICE 162.72 7105.65040 LAPORT INC PUMPING - JANITORIAL SUPPLIES 11.70 7105.64015 NICOR 0632 MONTHLY CHARGES 32.34 7105.65040 LAPORT INC PUMPING - JANITORIAL SUPPLIES 368.98 7105.65070 RAYNOR DOOR COMPANY REPLACEMENT GARAGE DOORS 4,105.22 7105.64505 CALL ONE COMMUNICATION CHARGES 152.81 4,833.77 7110 FILTRATION 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE (PER SPEC)4,892.91 7110.62245 APEX MATERIAL HANDLING CORP OF LIFT CYLINDER REPAIR FOR FORK 2,297.00 7110.62245 APEX MATERIAL HANDLING CORP OF ADD FULL AMOUNT OF REPAIR 680.50 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE (PER SPEC)4,982.23 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE (PER SPEC)4,868.95 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE (PER SPEC)4,807.95 7110.65015 PENCCO, INC 300 TONS - HYDROFLUORSILIC 13,988.12 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE (PER SPEC)4,868.95 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE (PER SPEC)4,829.73 7110.64540 NEXTEL WIRELESS SERVICE 197.72 7110.65015 U.S. ALUMINATE ALUMINA TRIHYDRATE (PER SPEC)4,866.77 7110.65070 RUSSO POWER EQUIPMENT SCAG COMMERCIAL BELT DRIVE 3,100.00 54,380.83 7115 DISTRIBUTION 7115.65055 HD SUPPLY WATERWORKS 8"X4" STAINLESS STEEL TAPPING 1,808.00 7115.65055 HD SUPPLY WATERWORKS RUBBER VALVE BOX ADAPTOR 620.00 7115.65055 HD SUPPLY WATERWORKS VALVE BOX BOTTOM SECTION 915.00 7115.65055 HD SUPPLY WATERWORKS VALVE BOX TOP SECTION 969.75 7115.65055 HD SUPPLY WATERWORKS VALVE BOX LID 168.00 7115.65055 G & L CONTRACTORS, INC 2012 GRANULAR MATERIALS 3,967.57 7115.64540 NEXTEL WIRELESS SERVICE 372.81 7115.65055 HD SUPPLY WATERWORKS 4" FLANGE x MJ VALVES 1,416.00 10,237.13 7120 WATER METER MAINTENANCE 7120.64540 NEXTEL WIRELESS SERVICE 85.86 7120.62210 FEDEX KINKO'S - CAS WATER TERMINATION NOTICE 55.00 7120.62210 FEDEX KINKO'S - CAS WATER TERMINATION NOTICE 45.00 7120.62210 FEDEX KINKO'S - CAS PRINTING - METER 304.00 *Advanced Payment 17129 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 489.86 7125 OTHER OPERATIONS 7125.62180 CDM SMITH, INC.WHOLESALE ENGINEERING SUPPORT 35,419.50 35,419.50 106,332.95 00513 WATER-DEPR, IMPROV & EXTENSION 733048 FILTER REHAB ( #19-#24) 733048.62140 CDM SMITH, INC.ENGR SVCS FOR 1964 FILTER ADD 5,572.83 5,572.83 733067 SECURITY IMPROVEMENTS - WATER 733067.65515 SENTINEL TECHNOLOGIES CISCO 10GBASE-SR SFP MODULE 4,932.00 733067.65515 SENTINEL TECHNOLOGIES ESTIMATED FREIGHT 100.00 733067.65515 SENTINEL TECHNOLOGIES CISCO 10GBASE-LR SFP MODULE 4,392.00 733067.65515 SENTINEL TECHNOLOGIES CISCO 2960S CATALYST 5 YEAR 4,218.00 733067.65515 SENTINEL TECHNOLOGIES ESTIMATED FREIGHT 100.00 733067.65515 SENTINEL TECHNOLOGIES CISCO 2960S CATALYST48 GigE 14,004.00 733067.65515 IP CAMERA WAREHOUSE LLC MOBOTIX Q24M-SEC D11-BL 12,045.00 733067.65515 IP CAMERA WAREHOUSE LLC FREIGHT 65.00 733067.65515 MIDWEST SURVEILLANCE AXIS Q1755-E 2MP CAMERA 6,116.60 733067.65515 MIDWEST SURVEILLANCE AXIS Q1921-E 10MM THERMAL 7,468.34 53,440.94 733113 PUMP. STATON SWITCHGEAR REPAIR 733113.65515 BROADWAY ELECTRIC, INC.5kV MCC REPLACEMENT 21,282.75 21,282.75 733121 WATER SUPPLY TRANS MAIN 733121.62180 MWH AMERICAS, INC.ENG. STUDY FOR WATER SUPPLY 44,690.73 44,690.73 124,987.25 00515 SEWER FUND 7400 SEWER MAINTENANCE 7400.64540 NEXTEL WIRELESS SERVICE 232.71 7400.62461 C.T.R. SYSTEMS 2012 CIPP SPOT LINE SEWER 9,650.00 9,882.71 7420 SEWER IMPROVEMENTS 7420.65515 AMERICAN PIPE LINERS, INC.2012 CIPP REHAB CONTRACT B 183,461.40 183,461.40 193,344.11 00520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 7685.56155 ILLINOIS DEPT OF REVENUE *SALES TAX SEPT. 2012 151.00 7685.62415 GROOT RECYCLING & WASTE SERVIC FY2012 RESIDENTIAL REFUSE 132,765.00 7685.68310 WELLS FARGO BANK- SWANCC SWANCC CAPITAL COSTS 5,232.15 7685.62390 LAKESHORE WASTE SERVICES, LLC FY2012 CONDO REFUSE COLLECTION 31,416.67 7685.62405 WELLS FARGO BANK- SWANCC SWANCC OPERATIONS & MAINT.72,951.12 242,515.94 *Advanced Payment 18130 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7695 YARD WASTE COLLECTION 7695.62415 GROOT RECYCLING & WASTE SERVIC FY2012 YARD WASTE COLLECTION 65,886.00 65,886.00 308,401.94 00600 FLEET SERVICES 7705 GENERAL SUPPORT 7705.64505 CALL ONE COMMUNICATION CHARGES 378.99 7705.64540 NEXTEL WIRELESS SERVICE 108.06 487.05 7710 MAJOR MAINTENANCE 7710.65060 FREEWAY FORD TRUCK SALES BRACKET #583 138.25 7710.65060 FREEWAY FORD TRUCK SALES BRAKE PARTS 1,810.07 7710.65060 FREEWAY FORD TRUCK SALES OIL SEAL RETURN 202.36- 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC FUEL TANK 669.07 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC SWITCH PRESS AIR 62.08 7710.65060 GOLF MILL FORD ROTOR ASSYM. RETURN 277.66- 7710.65060 GOLF MILL FORD CORE RETURN 35.00- 7710.65060 GRAINGER, INC., W.W.8 FIRE EXTINGUISHERS 276.34 7710.65060 GROVER WELDING COMPANY PACKER BOX WELD SANITATION TRK 319.20 7710.65060 GROVER WELDING COMPANY PACKER WELD #716 1,490.40 7710.65060 GROVER WELDING COMPANY PACKER WELD #718 323.60 7710.65060 GROVER WELDING COMPANY CUT OUT CHANNEL WATER #916 267.10 7710.65060 GROVER WELDING COMPANY REINFORCE PACKER BOX #722 324.85 7710.65060 INLAND POWER GROUP OIL FILTER KIT 117.96 7710.65060 INLAND POWER GROUP FILTER KIT 107.13 7710.65060 INTERSTATE BATTERY OF NORTHERN BATTERY RETURN 240.00- 7710.65060 LAWSON PRODUCTS, INC.DRILLING EQUIPMENT & BITS 524.13 7710.65060 LAWSON PRODUCTS, INC.HAND CLEANER RETURN 306.48- 7710.65060 LEACH ENTERPRISES, INC.DESICCANT CARTRIDGE PUREST 117.82 7710.65060 LEACH ENTERPRISES, INC.BRAKES #612 712.75 7710.65060 LEMOI HARDWARE BOLTS #624 14.85 7710.65060 MCCANN INDUSTRIES, INC.CUTTING EDGE 1,824.04 7710.65060 MCCANN INDUSTRIES, INC.SET CUSION #928 131.92 7710.62240 METRO TANK AND PUMP COMPANY FUEL CARD READER 568.20 7710.65060 MONROE TRUCK EQUIPMENT BEARING CAP, GASKET 16.72 7710.65060 NORTH SHORE TOWING #714 TOW HEAVY DUTY 900.00 7710.65060 ORLANDO AUTO TOP WINDOW INSTALL #659 235.00 7710.65060 ORLANDO AUTO TOP SEAT REPAIR #321 150.00 7710.65065 POMP'S TIRE SERVICE, INC.1 TIRE REPAIR 42.25 7710.65065 POMP'S TIRE SERVICE, INC.2 NEW TIRES 822.96 7710.65065 POMP'S TIRE SERVICE, INC.1 NEW TIRE 520.39 7710.65065 POMP'S TIRE SERVICE, INC.2 TIRE REPAIRS 534.71 7710.65065 POMP'S TIRE SERVICE, INC.1 TIRE REPAIR 278.91 7710.65065 POMP'S TIRE SERVICE, INC.3 RECAP TIRES 530.18 7710.65060 R.A. ADAMS ENTERPRISES INC,30 PLOW CURB SHOES 2,539.69 7710.65060 RG SMITH EQUIPMENT COMPANY METAL LIGHT BOX 57.10 7710.65060 R.N.O.W., INC.OUTSIDE REPAIR #720 2,529.45 7710.65060 R.N.O.W., INC.TAILGATE SEAL & CHANNEL #718 352.97 7710.65060 SKF LUBRICATION SYSTEMS USA COMPRESSION SLEEVE 9.03 *Advanced Payment 19131 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 SKF LUBRICATION SYSTEMS USA COMPRESSION RING 34.71 7710.65060 SPAULDING MFG. INC.DIESEL IGNITOR 534.88 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES-16 184.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES-15 140.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES-15 128.00 7710.65060 SPEX HAND WASH - 1235 DODGE CAR WASHES-15 136.00 7710.65060 SES INC OUTSIDE REPAIR #600 4,554.36 7710.65060 SUBURBAN ACCENTS, INC.SQUAD CARS GRAPHICS/LETTERING 1,320.00 7710.65060 TERMINAL SUPPLY CO.ELECTRICAL SUPPLIES 321.18 7710.65060 TRANS CHICAGO TRUCK GROUP TRANS PLUGS #624 40.31 7710.62375 UNITED RENTALS ROLLER RENTAL 2,588.60 7710.65060 VERMEER MIDWEST PULLEY #565 282.59 7710.65060 WEST SIDE TRACTOR LOADER REPAIR #659 7,092.17 7710.65060 WEST SIDE TRACTOR SENSOR #659 103.90 7710.65060 WEST SIDE TRACTOR BUCKET TEETH 189.90 7710.65060 WHOLESALE DIRECT INC STROBE TUBE 168.66 7710.65085 WHOLESALE DIRECT INC 2 VEHICLE STANDS 1,129.32 7710.65060 WHOLESALE DIRECT INC LIGHTING 216.90 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC SWITCH BAT 10.00 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC FUEL TANK PUMPER 567.41 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC AXLE SET PADS 348.82 7710.65060 GLOBAL EMERGENCY PRODUCTS, INC STEERING BOX CHECK 75.00 7710.65060 RG SMITH EQUIPMENT COMPANY LIGHTING #536 81.02 7710.65060 ADVANCED PROCLEAN, INC.MOBILE POWER WASHING SERVICE 663.50 7710.65060 CARQUEST EVANSTON AIR FILTERS 64.46 7710.65060 CARQUEST EVANSTON 3 TON ALUMINUM JACK 284.99 7710.65060 CARQUEST EVANSTON TRAILER PLUGS 49.24 7710.65060 CARQUEST EVANSTON HI-POP OIL FILTERS 17.34 7710.65060 CARQUEST EVANSTON OIL FILTER 8.67 7710.65060 CARQUEST EVANSTON BRAKE SHOE #542 36.67 7710.65060 CARQUEST EVANSTON OIL SEAL #542 40.54 7710.65060 CARQUEST EVANSTON 3 TON ALUMINUM JACK 284.99 7710.65060 CARQUEST EVANSTON TIRE PLUGS 53.10 7710.65060 GOLF MILL FORD NEW KEY BLANKS 419.20 7710.65060 GOLF MILL FORD SENSOR 58.61 7710.65060 GOLF MILL FORD HEATER ASSYM. 67.45 7710.65060 GOLF MILL FORD 3 VENT VISORS 147.84 7710.65060 HAVEY COMMUNICATIONS INC.EMERGENCY LIGHTS & SIRENS 84.90 7710.65060 INTERSTATE BATTERY OF NORTHERN 4 NEW BATTERIES 331.64 7710.65035 PALATINE OIL COMPANY, INC FUEL PURCHASES 24,836.46 7710.65060 WIRFS INDUSTRIES INC.FIRE EQUIPMENT ANNUAL INSPECTI 67.00 7710.65060 WIRFS INDUSTRIES INC.FIRE EQUIPMENT ANNUAL INSPECTI 8,778.29 7710.65060 A & A TRANSMISSION CORP.OUTSIDE SENSOR REPAIR #2000 160.00 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR #2005-IDLER ARM 815.84 7710.65060 A & A TRANSMISSION CORP.OUTSIDE REPAIR BRAKE PAD 1,675.77 7710.65060 AETNA TRUCK PARTS, INC.LIGHT ASSYM.11.24 7710.65060 AETNA TRUCK PARTS, INC.BRAKE CHAMBER 59.89 7710.65060 AETNA TRUCK PARTS, INC.4 LIGHTS 287.00 7710.65060 AETNA TRUCK PARTS, INC.6 EXHAUST CLAMPS 51.54 7710.65060 AETNA TRUCK PARTS, INC.COOLANT FILTER 124.65 *Advanced Payment 20132 of 551 CITY OF EVANSTON, ILR5504003B BILLS LIST 10/23/12PERIOD ENDING ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT 7710.65060 CARQUEST EVANSTON RETURN BULBS 7.90- 7710.65060 CARQUEST EVANSTON RETURN FUEL/OIL FILTERS 51.34- 7710.65060 CARQUEST EVANSTON BRAKE HARDWARE KIT RETURN 5.78- 7710.65085 LAWRENCE, DENNIS R TOOL ALLOWANCE 550.00 7710.65060 CHICAGO HARLEY-DAVIDSON OUTSIDE REPAIR #10 352.96 7710.65060 CHICAGO HARLEY-DAVIDSON OUTSIDE OIL CHANGE #9 347.96 7710.65060 CHICAGO INTERNATIONAL TRUCKS, MIRROR BRACKET #575 18.46 7710.65060 CHICAGO INTERNATIONAL TRUCKS, HOSE 14.94 7710.65060 CHICAGO PARTS & SOUND, LLC MOTOR ASSYM-WIPER-RETURN 35.00- 7710.65060 CHICAGO PARTS & SOUND, LLC OIL FILTERS 53.64 7710.65060 CHICAGO PARTS & SOUND, LLC 2 BLEND DOOR MOTORS 199.26 7710.65060 CHICAGO PARTS & SOUND, LLC BRAKE PADS #163 99.44 7710.65060 CHICAGO PARTS & SOUND, LLC A/C CONDENSER ASSYM. #39 239.55 7710.65060 CHICAGO PARTS & SOUND, LLC BRAKE ROTORS 119.42 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 120.25 7710.65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 281.79 7710.62355 CINTAS #22 WEEKLY UNIFORM SERVICE 120.25 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.62355 CINTAS #769 WEEKLY MAT SERVICE 152.90 7710.65035 CITY WELDING SALES & SERVICE I WELDING GASES 81.15 7710.65060 COUNTRY GAS CO.CYLND. RENTAL 29.95 7710.65060 CUMBERLAND SERVICENTER ACTUATOR PINION-PARTS 1,359.27 7710.65060 CUMBERLAND SERVICENTER TIPPER UNIT REPAIR 1,842.56 7710.65060 DUECO, INC.FIELD REPAIR SERVICE #589 433.00 7710.65060 DUECO, INC.OUTSIDE ROAD REPAIR #159 510.54 7710.65060 DUXLER TIRE & CAR CENTER #502 ALIGNMENT 69.00 7710.65060 EVANSTON AUTO GLASS RESET RADAR ASSEMBLY 20.00 7710.65060 FASTENAL COMPANY CLEVIS PINS 13.85 7710.65060 FLINK COMPANY HARDWARE 44.24 7710.65060 FREEWAY FORD TRUCK SALES TENSIONER #583 151.28 85,264.71 85,751.76 00700 FIREFIGHTERS PENSION FUND 8000 FIREFIGHTERS' PENSION 8000.61755 DAUGHERTY, DERON K.*AFFI PENSION SEMINAR 400.00 8000.61755 THE SPINE CENTER IME #212827911 1,060.00 8000.61755 ILLINOIS BONE AND JOINT *IME REVIEW 2,700.00 4,160.00 4,160.00 2,438,034.49TOTAL *Advanced Payment 21133 of 551 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT Supplemental Bills List Attachment General 1910.62655 Secap Secap Lease Monthly 255.05 255.05 Insurance Various Various Casualty Loss 3,358.62 Various Various Casualty Loss 709.00 Various Various Worker's Comp 19,593.54 Various Various Worker's Comp 11,845.01 Various Various Casualty Loss 11,665.94 47,172.11 Sewer 7575.68305 IEPA Loan Disbursement Sewer Imp 200,838.94 200,838.94 248,266.10 Grand Total 2,686,300.59 Prepared by Date Approved by Date CITY OF EVANSTON BILLS LIST PERIOD ENDING 09/25/2012 *Advanced Payment 22134 of 551 0 For City Council meeting of October 22, 2012 Item A3 Business of the City by Motion: Insurance Contract Award For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer W. Grant Farrar, City Attorney Louis Gergits, Finance Manager Jewell Jackson, Purchasing and Contracts Manager Bob Gustafson, Safety & Worker’s Compensation Manager Subject: Approval of Contract for Insurance Consulting Services with Mesirow Financial Services, Inc. (RFP 12-168) Date: October 15, 2012 Recommended Action: Staff recommends City Council authorization for the City Manager to sign a contract for Insurance Consulting Services with Mesirow Financial Services, Inc., located at 353 North Clark Street, Chicago, IL 60654 in the total amount of $49,500. Funding Sources: Insurance Fund 7800.62615 $49,500 Summary: In August 2012, the City of Evanston issued a Request for Proposal (RFP) for insurance consulting services. The selected consultant will research and evaluate the insurance marketplace and assist the City of Evanston in purchasing the following insurance coverages and provide risk management consulting services: Memorandum 135 of 551 Page 2 of 4 Coverage Amount of Coverage Property $1.25 million Self Insured Retention (SIR) Excess Worker’s Compensation Excess worker’s compensation payroll $52 million $500,000 SIR for all employees except $600,000 for Police , Fire, and EMT employees Excess Liability $20 million xs $1.25 million SIR Crime $2 million Professional Liability $2 million Inland Marine/Fine Arts $2.1 million property value Special Events $1 million per occurrence $3 million policy aggregate The contract term desired is for a period of up to three (3) years with one additional one- year option to renew. The selected consultant must provide annual policy renewals and renewals on an as needed basis. The selected consultant must provide a thorough renewal presentation each year no less than 90 days prior to renewal of each policy with policy recommendations that include an analysis of available alternatives in consideration of the City’s exposures. Beginning in 2013, the chosen insurance consultant will be expected to go above and beyond the level of service provided by previous service providers in the areas of Risk Management and claim prevention. The RFP asked all firms to define their services for loss control, safety programs and other risk management related support. The Five (5) consultants that responded to the RFP are. Consultant Address Lambent Risk Management One North LaSalle Street, 35th Floor, Chicago, IL 60602 Marsh & McLennan 540 West Madison Street, Chicago, IL 60661-2591 The Owens Group – Insurance & Risk Management Services 19 South LaSalle Street, Suite 500, Chicago, IL 60603 1603 Orrington Avenue, Suite 500, Evanston, IL 60201 Arthur J. Gallagher Risk Management Services, Inc. The Gallagher Centre, Two Pierce Place, Itasca, IL 60143 Mesirow Financial Insurance Services 353 North Clark Street, Chicago, IL 60654 A selection team consisting of the Assistant City Manager/Chief Financial Officer, City Attorney, Finance Manager, Purchasing & Contracts Manager, and the Safety & Worker’s Compensation Manager reviewed all of the proposals and selected three (3) consultants to be interviewed as follows: The Owens Group – Insurance & Risk Management Services Arthur J. Gallagher Risk Management Services, Inc. Mesirow Financial Insurance Services 136 of 551 Page 3 of 4 The team scores for the top three firms are as follows: RFP Number 12-168 Score sheet - Insurance Consulting Services Consultants Qualifications & Expertise Cost of Services Organization and Completeness of Proposal Contract Agreement Total Final Interview Finalist Total Total Points Available 40 30 20 10 100 10 Lambent Risk Management 19 7 15 10 51 N/A The Owens Group 24 24 12 8 68 7 74 Mesirow Financial 31 26 13 6 76 9 85 Arthur J. Gallagher 36 25 17 8 87 0 87 Marsh & McLennan 33 14 18 0 65 N/A Of the three (3) consultants chosen for interview, Arthur J. Gallagher failed to arrive for the interview on time, and was removed from further consideration. Of the two (2) consultants that participated in the interview process, Mesirow Financial Insurance Services submitted the lowest total cost proposal. An annual fee list for each type of insurance coverage is provided below. Mesirow included risk management in their fees for a total of $49,500. Comparable risk management and insurance services from the Owens group would cost the City of Evanston $56,000. Gallagher would charge the City of Evanston $125/hr for risk management services in addition to the total cost shown in the table below (our need for risk management services will easily require between 40 and 50 hours of time, which would equal an additional fee of $5,000.00). Therefore Mesirow provided the overall best value. Coverage Owens Gallagher Mesirow Marsh Lambent Property 3,750.00$ $15,000.00 15,000.00$ 25,000.00$ 15,000.00$ Workers Comp 9,500.00$ $ 7,000.00 9,500.00$ 7,500.00$ 10,000.00$ Liability 15,000.00$ $15,000.00 15,000.00$ 15,000.00$ 30,000.00$ Crime 750.00$ $ 1,000.00 1,500.00$ 2,500.00$ 2,000.00$ Professional Liability -$ $ 2,500.00 5,000.00$ 5,000.00$ 10,000.00$ Indland Marine 3,000.00$ $ 2,000.00 1,500.00$ 2,500.00$ 2,000.00$ Special Events -$ $ 2,500.00 2,000.00$ 2,500.00$ 2,000.00$ Total 32,000.00$ $45,000.00 49,500.00$ 60,000.00$ 71,000.00$ Risk Mgmt 24,000.00$ $125/hr Inc.hrly 7,500.00$ M/W/EBE participation has been waived for this project (please see attached memorandum for additional information). Based on our review of the two finalists, staff believes that either firm is capable, however, Mesirow Consulting has greater resources and experience in the public sector and may also be able to provide better long term solutions to the City’s risk management concerns such as intergovernmental pooling or other claims management tools. 137 of 551 Page 4 of 4 The selection team recommends award of the contract to Mesirow Financial Insurance Services, for a not to exceed amount of $49,500.00 annually. ------------------------------------------------------------------------------------- Attachments: MWEBE Memo 138 of 551 RFP No. 12-168, Contract for Insurance Consulting Services, M/W/EBE Waiver, Mesirow Financial Services, Inc., 10-16-12 To: Bob Gustafson, Safety & Worker’s Compensation Manager From: Joseph McRae, Deputy City Manager Subject: RFP No. 12-168 Contract for Insurance Consulting Services Date: October 15, 2012 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, RFP 12-168 Contract for Insurance Consulting Services precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Jewell Jackson, Manager of Purchasing & Contracts Memorandum 139 of 551 For City Council meeting of October 22, 2012 Item A4 Business of the City by Motion: Approval for Free Holiday Parking For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Approval to Provide Free Holiday Parking in the City’s Three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue Date: September 13, 2012 Recommended Action: The Transportation/Parking Committee and City staff recommend approval to provide free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 22, 2012 through Tuesday, January 1, 2013. Funding Source: Funding is provided by the Parking Fund. Summary: On September 12, 2012 the Transportation/Parking Committee recommended approval for the City to authorized free holiday parking in the City’s three downtown self -park garages at Sherman Plaza, Maple Avenue , Church Street on weekdays after 5 p.m. and all day on Saturdays. City Lot #60, 1234 Chicago Avenue, will provide free two (2) hour parking between the hours of 9 A.M and 6 P.M. on Saturdays and after 5 pm on weekdays. The request was based in part on discussions with retailers during the meeting and current difficult economic times for everyone. The intent of the proposal is to encourage individuals to patronize the downtown business area and utilize the convenient parking in the garages for shopping, fine food and entertainment during the upcoming holiday season. Because Sundays are already free in the downtown garages, waiving fees on Saturdays will provide parking for the four busy shopping weekends in December. If approved, staff will move forward with Downtown Evanston and the Chamber of Commerce to market the promotion through various channels. Advertising would also be displayed at the entrances to each of the garages. Memorandum 140 of 551 Page 2 of 2 Projected downtown self-park garage transient parking revenue loss for the six (6) Saturdays is $32,000 and for weekdays between 5 p.m. and 12 midnight is $12,000 for a promotion total of $44,000. The projected parking revenue loss for Lot 60 is $800 for Saturdays and for weekdays after 5 p.m. is $400 for a promotion total of $1200. This revenue loss does not consider any incremental increase in sales tax revenue derived through the increased shopping. 141 of 551 For City Council meeting of October 22, 2012 Item A5 Business of the City by Motion: Evanston Police Department Agreement with CTA For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Richard Eddington, Chief of Police Subject: Chicago Transit Authority Intergovernmental Agreement Date: October 19, 2012 Recommended Action: Staff recommends City Council authorization for the City Manager to sign a three-year intergovernmental agreement between the Chicago Transit Authority (CTA) and Evanston Police Department for uniformed patrols on the CTA purple line and CTA elevated platforms. Funding Source: Funding provided by the CTA is estimated at $200,112 per calendar year at a contract rate of $38 per hour. Summary: This is the latest version of a contract between the CTA and Evanston Police Department. This has been an ongoing relationship since 2001. Legislative History: None Attachments: Proposed Agreement Memorandum 142 of 551 143 of 551 144 of 551 145 of 551 146 of 551 147 of 551 148 of 551 149 of 551 150 of 551 151 of 551 For City Council meeting of October 22, 2012 Item A6 Business of the City by Motion: Rock Salt Agreement with School District 202 For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Subject: District 202 Rock Salt Agreement 2012/2013 Date: October 12, 2012 Recommended Action: Staff recommends City Council authorize the City Manager to sign an agreement with Evanston School District 202 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee for the period November 15, 2012 through April 15, 2013. Summary: The City of Evanston has been selling rock salt to the school districts for many years for the purpose of deicing their driveways, roadways and parking lots. District 202 does not have sufficient indoor storage capacity to house the 300 tons of salt they use each year. The City takes into consideration the quantity of salt that school districts will use when the placing salt order each year. The 10% administration fee covers the expenses related to loading, record keeping and procurement, etc. A copy of the agreement is attached. Memorandum 152 of 551 City of Evanston- Evanston Township High School District 202 Letter Agreement for Road Salt (Sodium Chloride) Procurement Evanston Township High School District 202(hereinafter referred to as “D202”) has been procuring road salt from City of Evanston (hereinafter referred to as “City”) for many year for the purpose of deicing D202 driveways, roadways, and parking lots. The City has historically taken into consideration D202’s salt requirements when determining the amount of salt to purchase each year. This letter agreement formalizes the long-standing arrangement for salt procurement between the City and D202. 1. Ordering: The City is solely responsible for ordering all salt with its awarded supplier. 2. Record-Keeping: The City will maintain records of all transactions between the City and D202. 3. Salt Pick-up: D202 shall pick up salt at the City’s salt dome location at 2020 Asbury Avenue, Evanston, IL. D202 must provide City a 12-hour advance notice prior to picking up salt. The City’s loader operator stationed at the dome will load D202 salt hopper. If no operator is on site, D202 must contact Streets & Sanitation Offices for loading. 4. Pricing: The salt price under this agreement is $66.67/ton, which equates to the City’s purchase prices of salt ($60.01/ton) plus a 10% administration and handling fee that covers expenses related to loading, record keeping, procurement, etc. No cost is transferred for storage of salt. 5. Payments: Payment is due in 30 days or late fee (s) may be assessed. Invoices must be returned with payment. 6. Amount: D202 is authorized to purchase up to 300 tons of road salt for the term of this agreement. However, the City reserves the right to reduce this amount for any reason with one weeks’ notice. 7. Indemnity: D202 shall defend and hold harmless the City and its elected officials, assigns, officers, directors, employees, agents, and servants from and against any and all liabilities, obligations, losses, damages, penalties, judgments, settlements, claims, actions, suits, proceedings, costs, expenses, and disbursements, including legal fees and expenses, of whatever kind of nature, imposed on, incurred by or asserted against the City, is successors, assigns, officers, directors, employees, agents and servants, in any way relating to or arising out of the terms of this agreement. 8. Term: The term of this agreement is from November 15, 2012 to April 15, 2013 _____________________ _______________________ Authorized Signature Mr. Wally Bobkiewicz Evanston Township High School District 202 City Manager City of Evanston ______________________ ________________________ Date Date 153 of 551 For City Council meeting of October 22, 2012 Item A7 Business of the City by Motion: Rock Salt Agreement with School District 65 For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Subject: District 65 Rock Salt Agreement 2012/2013 Date: October 12, 2012 Recommended Action: Staff recommends City Council authorize the City Manager to sign an agreement with Evanston School District 65 for the sale of rock salt in the amount of $66.67 per ton which includes a 10% administration and handling fee for the period November 15, 2012 through April 15, 2013. Summary: The City of Evanston has been selling rock salt to the school districts for many years for the purpose of deicing their driveways, roadways and parking lots. District 65 does not have sufficient indoor storage capacity to house the 300 tons of salt they use each year. The City takes into consideration the quantity of salt that school districts will use when the placing salt order each year. The 10% administration fee covers the expenses related to loading, record keeping and procurement, etc. A copy of the agreement is attached. Memorandum 154 of 551 City of Evanston- Evanston School District 65 Letter Agreement for Road Salt (Sodium Chloride) Procurement Evanston School District 65(hereinafter referred to as “D65”) has been procuring road salt from City of Evanston (hereinafter referred to as “City”) for many year for the purpose of deicing D65 driveways, roadways, and parking lots. The City has historically taken into consideration D65’s salt requirements when determining the amount of salt to purchase each year. This letter agreement formalizes the long-standing arrangement for salt procurement between the City and D65. 1. Ordering: The City is solely responsible for ordering all salt with its awarded supplier. 2. Record-Keeping: The City will maintain records of all transactions between the City and D65. 3. Salt Pick-up: D65 shall pick up salt at the City’s salt dome location at 2020 Asbury Avenue, Evanston, IL. D65 must provide City a 12-hour advance notice prior to picking up salt. The City’s loader operator stationed at the dome will load D65 salt hopper. If no operator is on site, D65 must contact Streets & Sanitation Offices for loading. 4. Pricing: The salt price under this agreement is $66.67/ton, which equates to the City’s purchase prices of salt ($60.01/ton) plus a 10% administration and handling fee that covers expenses related to loading, record keeping, procurement, etc. No cost is transferred for storage of salt. 5. Payments: Payment is due in 30 days or late fee (s) may be assessed. Invoices must be returned with payment. 6. Amount: D65 is authorized to purchase up to 300 tons of road salt for the term of this agreement. However, the City reserves the right to reduce this amount for any reason with one weeks’ notice. 7. Indemnity: D65 shall defend and hold harmless the City and its elected officials, assigns, officers, directors, employees, agents, and servants from and against any and all liabilities, obligations, losses, damages, penalties, judgments, settlements, claims, actions, suits, proceedings, costs, expenses, and disbursements, including legal fees and expenses, of whatever kind of nature, imposed on, incurred by or asserted against the City, is successors, assigns, officers, directors, employees, agents and servants, in any way relating to or arising out of the terms of this agreement. 8. Term: The term of this agreement is from November 15, 2012 to April 15, 2013. _____________________ _______________________ Authorized Signature Mr. Wally Bobkiewicz Evanston School District 65 City Manager City of Evanston ______________________ ________________________ Date Date 155 of 551 For City Council meeting of October 22, 2012 Item A8 Resolution 71-R-12: Intergovernmental Agreement with Village of Skokie For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Greg Klaiber, Fire Chief Subject: Resolution 71-R-12 Authorizing an Intergovernmental Agreement with the Village of Skokie for use of Fire Station 17 - Training Tower Date: October 10, 2012 Recommended Action: Staff recommends that Council authorize the City Manager to enter into an Inter- Governmental Agreement (IGA) with the Village of Skokie. The IGA is related to the use and maintenance of the Village of Skokie- Fire Station 17 – Training Tower, located at 8157 Central Park in Skokie, Illinois. The initial participation cost to the City of Evanston will be $286,000. Annual maintenance costs start at $15,000 with a 3% annual increase for a total agreement amount of $458,000 over 10 years. Funding Source: The funding will be provided by the Capital Improvement Program Project Number 415829. Funding after the initial capital improvement for annual maintenance costs will be provided by Fire Department account 2305. 62360. Summary: The Fire Department has long needed to have access to a multi-story multiple purpose training tower. That need is evidenced in the CIP outline where the Fire Department has had the request for a training tower in place for 10 years. The Fire Department has been without a dedicated, secure training structure since the early 1990s when then Fire Station 1, at 909 Lake St., was scheduled for renovation. As a result, we have had to use abandoned and donated structures for live fire training. This system has not met our training needs due to the infrequency of obtaining acquired structures. The Village of Skokie developed a Fire Station and a Training Tower in 2003. Skokie Fire has used the tower effectively since that time. Evanston Fire and Skokie Fire have also conducted joint training at the Skokie tower, to augment organizational familiarity and promote a more seamless integration when functioning at emergency incidents. Memorandum 156 of 551 Each Department has determined the training and the site to be mutually beneficial. The attached IGA indicates joint training with Skokie Fire will continue, with use and exclusive Evanston Fire training to be conducted at least one week per month. At this point in the life of the Skokie Fire Training Tower, some enhancements are necessary to improve training efficiencies and replace consumable components of the tower. Thus, the City of Evanston and the Village of Skokie have explored the development of an IGA for the mutual use of the training tower. The financial considerations for the City of Evanston are as follows: Initial outlay: $286,000. Broken down as: Training Tower enhancements: $152,000 Burn area renovation: $134,000 Annual Maintenance Cost: $15,000 with a 3% annual increase. Facility Inspection/Maintenance Plan: An Annual review of drill tower condition to include an evaluation of principal and essential components, to determine if refurbishment or significant repair beyond basic maintenance is needed with the cost of such undertaking of enhanced work to be shared equally by the Village of Skokie and the City of Evanston. As noted above, current training tower refurbishments are listed at a City of Evanston cost of $152,000. By agreeing to share in future refurbishments, the City does not anticipate incurring more than a similar amount in additional refurbishment costs during the term of this agreement. The proposed IGA is attached. Alternatives: In order for the City of Evanston to construct a training tower of a caliber similar to the Skokie tower after the $286,000 contribution from the City of Evanston the estimated costs would be as follows: Tower Materials & Construction: $700,000 Smoke Generator: $19,000 Training Prop Enhancements: $152,000 Total: $871,000 The above costs do not include land acquisition. Attachments: Resolution 71-R-12 Authorizing Intergovernmental Agreement Intergovernmental Agreement Copy of Skokie Resolution 12-10-R 157 of 551 9/26/2012 71-R-12 A RESOLUTION Approving and Authorizing an Intergovernmental Agreement With the Village of Skokie, Illinois, for use of Property in Fire Department Training WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law; and WHEREAS, the Intergovernmental Cooperation Act provides that any powers, privileges, functions, or authority exercised or which may be exercised by a public agency may be exercised, combined, transferred, and enjoyed jointly, and that public agencies may enter into agreements in furtherance of powers granted to them, 5 ILCS 220/1 et seq.; and WHEREAS, the City of Evanston and the Village of Skokie are units of local government and public agencies, and as such, have the authority to enter into this agreement; and WHEREAS, the Evanston and Skokie Fire Departments share a common objective of providing premier public safety services to their respective communities and understand that the preparation of firefighters and fire companies to provide the highest level of service possible is only attainable through appropriate training; and WHEREAS, Skokie previously constructed a Drill Tower (hereinafter “Tower”) in 2003 for fire training, and Evanston desires to participate jointly with Skokie in the renovation and enhancement of the Tower; and WHEREAS, Evanston will provide $286,000 toward the costs necessary for the project; and WHEREAS, the City Manager recommended to the Mayor and the City Council that the Intergovernmental Agreement with the Village of Skokie, for the use of property in Fire Department training, be approved substantially in the form attached hereto and marked as Exhibit “1”, subject to changes approved by the City Manager and that may be approved as to form by the Corporation Counsel of the City of Evanston; 158 of 551 ~2~ WHEREAS, the City Council of the City of Evanston has determined that it is in the best interests of the City of Evanston to enter into said Agreement with the Village of Skokie, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign and the City Clerk authorized and directed to attest on behalf of the City, the Intergovernmental Agreement with the Village of Skokie, Illinois, for the use of property in Fire Department training, a copy of which is attached hereto and marked Exhibit “1”. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as may be determined to be in the best interests of the City and that may be approved as to form by the Corporation Counsel. SECTION 3: That this Resolution 71-R-12 shall be in full force and effect from and after its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Adopted: ________________, 2012 159 of 551 ~3~ Exhibit 1 – Intergovernmental Agreement 160 of 551 Page 1 of 5 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF SKOKIE AND THE CITY OF EVANSTON FOR THE USE OF PROPERTY IN FIRE DEPARTMENT TRAINING THIS INTERGOVERNMENTAL AGREEMENT is made this _____ day of ____________, 2012, by and between the CITY OF EVANSTON, (hereinafter “Evanston”), an Illinois municipal corporation, and the VILLAGE OF SKOKIE (hereinafter “Skokie"), an Illinois municipal corporation. The Village of Skokie and the City of Evanston shall jointly be referred to as "Parties”, WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois provides that units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law; and WHEREAS, the Intergovernmental Cooperation Act provides that any powers, privileges, functions, or authority exercised or which may be exercised by a public agency may be exercised, combined, transferred, and enjoyed jointly, and that public agencies may enter into agreements in furtherance of the powers granted to them, 5 ILCS 220/1 et seq.; and WHEREAS, the Parties are units of local government and public agencies, and as such, have the authority to enter into this Agreement; and WHEREAS, the Evanston and Skokie Fire Departments share a common objective of providing premier public safety services to their respective communities and understand that the preparation of firefighters and fire companies to provide the highest level of service possible is only attainable through appropriate training; and WHEREAS, the Parties have been participants since at least 1972 in a mutual aid relationship as allowed by the Illinois Compiled Statutes, 65 ILCS 5/11-6-1, establishing a mutual response and assistance system among North Suburban communities in the Chicago area; and WHEREAS, Skokie previously established a Drill Tower (hereinafter “Tower”) in 2003 for fire training, at Fire Station 17, located at 8157 Central Park Avenue in Skokie, and Evanston desires to participate jointly with Skokie in the renovation and enhancement of the Tower and will provide $286,000 of the costs necessary for the work, and thereafter jointly participate with Skokie in the use and maintenance costs of the Tower; and WHEREAS, the Parties, acting through this Intergovernmental Agreement, are establishing a joint venture and are acting pursuant to the Illinois statutory authority of 745 ILCS 10/7-101 et seq., 820 ILCS 305/1 et seq., and 820 ILCS 305/5(a) to provide training for Firefighters of both Skokie and Evanston through the joint venture in operating a fire training facility; and WHEREAS, in view of the financial contributions of Evanston and the prior financial commitment of Skokie in creating the Tower, the Parties have already or will have 161 of 551 Page 2 of 5 contributed significant financial investment in the joint venture of the Tower, as set forth in this Agreement; and NOW, THEREFORE, in consideration of the promises, obligations, provisions and conditions stated hereinafter, the Parties agree to the following: 1. Recitals. The representations set forth in the foregoing recitals are material to this Intergovernmental Agreement and are hereby incorporated into and made a part of this Intergovernmental Agreement as though they were fully set forth in this Section 1. 2. Financial Support. In recognition of Skokie’s significant initial investment for the development of the Tower, Evanston agrees pay the sum of $286,000 (Two Hundred Eighty Six Thousand Dollars) for enhancements and renovations necessary to upgrade the Tower to its most effective configuration. This sum shall be due on or before February 1, 2013. 3. Schedule of Use. A detailed schedule for the utilization of the Tower shall be determined and agreed upon by the respective Fire Chiefs or designees, and shall include 25% of each month to be set aside for individual use by each Fire Department, 25% of each month to be set aside for mutual use to enhance departmental interaction, and 25% will be available for facility maintenance or future training set up. 4. Indemnification and Hold Harmless. To the extent permitted by law, the Parties will rely on the Local Governmental and Government Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., any other State or Federal law whereby immunities may be extended and applicable along with related case law. To the extent that the Local Government Tort Immunity Act does not immunize the acts of the Parties or their employees, and except for claims of employees under the Workers Compensation Act: A. Evanston agrees to indemnify, defend and hold Skokie, its agents and employees, harmless from all claims, causes of action, suits, damages, liabilities, costs, liens, fines, penalties, interest, expenses or demands including without limitation reasonable attorney’s fees and litigation costs, expenses incurred by Skokie in connection with the defense of any action, suit or proceeding in which it is made a party (or so threatened) by reason of any action of the Evanston, its officers, agents or employees in connection with the performance of this Intergovernmental Agreement. B. Skokie agrees to indemnify, defend and hold the Evanston, its agents, and employees, harmless from all claims, causes of action, suits, damages, liabilities, costs, liens, fines, penalties, interest, expenses or demands including without limitation reasonable attorney’s fees and litigation costs, expenses incurred by the Evanston in connection with the defense of any action, suit or proceeding in which it is made a party (or so threatened) by reason of any action of Skokie, its officers, agents or employees in connection with the performance of this Intergovernmental Agreement. 162 of 551 Page 3 of 5 5. Insurance. Before this Intergovernmental Agreement goes into effect, the Parties shall develop, agree upon and sign a document separate from this Agreement which establishes the amounts and types of insurance or self- insurance coverage to be provided by each of the Parties and deliver to the other Party a Certificate of Insurance or Certificate of Self-Insurance reflecting the agreed coverages. The Parties may amend the types and amounts of the insurance or self-insurance coverages from time to time, which amendments must be written and signed by both Parties. 6. Policies and Practices. A separate document detailing “Policies and Practices” shall be drafted, agreed upon and implemented pertaining to the utilization of the Tower. Such a document shall include, but not be limited to: training facility supervision, environmental protections issues, and live firing training. 7. Annual Fee. Evanston agrees to pay an annual sum of $15,000 (Fifteen Thousand Dollars) which shall be due on February 1, 2013. Each subsequent year, commencing in 2014, the fee shall be raised 3%. This fee is to compensate Skokie’s maintenance costs and replacement of consumable training supplies. 8. Maintenance. Both Parities agree and understand that ongoing maintenance of the Tower is essential to the optimum operation efficiency. An annual review of the drill tower condition to include an evaluation of principal and essential components, to determine if refurbishment or significant repair beyond basic maintenance is needed with the cost of such undertaking of enhanced work to be shared equally by the Village of Skokie and City of Evanston. It is also agreed and understood that Skokie shall perform all maintenance, enhancement, renovation or improvements to the Drill Tower. 9. Corporate Authorization. This Intergovernmental Agreement is contingent upon the corporate authorities of each Party approving this Agreement. If either Party’s corporate authority does not give such approval this contract shall become null and void. 10. Governing Law. This Intergovernmental Agreement shall be governed in accordance with the laws of the State of Illinois (excluding its conflicts of law rules) and any dispute arising as to the interpretation of this Agreement shall be heard in a court of competent jurisdiction sitting in Cook County, Illinois and in no other court. 11. Notices. All notices, demands or other communications required to be given under this Intergovernmental Agreement shall be in writing and shall be deemed duly served if personally served, sent by certified mail, return receipt requested, or by facsimile transmission, with a copy sent first class mail on the date of transmission. All notices shall be addressed to the Party intended to be served. Until changed in the manner provided in the previous sentence, the addresses of the Parties shall be: 163 of 551 Page 4 of 5 If to Skokie: Village of Skokie 5127 Oakton Street P.O. Box 309 Skokie, Illinois 60077 Attention: Village Clerk (847) 933-8203 Fax: (847) 673-0525 with copies to: Village Manager 5127 Oakton Street Skokie, Illinois 60077 (847) 933-8210 Fax: (847) 673-0525 Corporation Counsel 5127 Oakton Street Skokie, Illinois 60077 (847) 933-8270 Fax: (847) 933-8200 If to Evanston: City of Evanston 2100 Ridge Avenue Suite 4500 Evanston, Illinois 60201 Attention: City Manager (847) 866-2936 with copies to: Corporation Counsel 2100 Ridge Avenue Evanston, Illinois 60201 (847) 448-4311 12. Benefit. This Intergovernmental Agreement is entered into solely for the benefit of the contracting Parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person or entity who in not a party to this Agreement, or to acknowledge, establish or impose any legal duty to any third party. 13. Amendments. This Intergovernmental Agreement may be amended only in writing with the approval of both of the Parties. 14. Termination. Either Party hereto may cancel this Intergovernmental Agreement by delivery of written notice to the other Party with at least 60 days notice. If Skokie elects to terminate this Agreement subsequent to Evanston’s payment stated in paragraph 2, then the amount originally paid by Evanston will be refunded on a prorated basis with the refundable amount decreasing at the rate of 20% per year for the number of years that this Agreement has been in effect. If the Agreement remains in effect for 5 or more years, no refund shall be provided. There shall be no reimbursement for the annual fee outlined in paragraph 7. 15. Breach. If either Party waives a breach of any Section of this Intergovernmental Agreement by the other Party, that waiver will not operate or be construed as a waiver of any subsequent breach by either Party or prevent either Party from enforcing such provisions. No waiver shall be valid unless in writing and signed by an authorized officer of the Parties. 164 of 551 Page 5 of 5 16. Transferability. This Intergovernmental Agreement is not assignable or transferable. 17. Term. This Intergovernmental Agreement shall be effective for a term of ten years from the date of execution. At the end of the term, or successive terms, this Agreement shall be automatically renewed for successive five- year terms unless either Party gives the other Party 60 days written notice that the Agreement will not be renewed or if either Party wishes to terminate the Agreement after 36 months with 60 days written notice. 18. Separability. If any of the terms of this Intergovernmental Agreement shall be finally determined to be invalid or unenforceable in whole or in part, the remaining provisions here of shall remain in full force and effect, and be binding upon the Parties hereto. The Parties agree to reform this Agreement to replace any such invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the intent of the stricken provision. In witness whereof, the Parties have caused this Intergovernmental Agreement to be executed by their duly authorized and proper officers as of the date first written above. VILLAGE OF SKOKIE CITY OF EVANSTON By: ______________________________ By: __________________________ Village Manager City Manager Attest: ____________________________ Attest: ________________________ Village Clerk 165 of 551 166 of 551 167 of 551 168 of 551 169 of 551 170 of 551 171 of 551 172 of 551 For City Council meeting of October 22, 2012 Item A9 Resolution 72-R-12: Authorizing Motor Fuel Tax Fund for Street Maintenance For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Senior Engineer, Engineering Division Subject: Consideration of the proposed Resolution 72-R-12 by which City Council would authorize Motor Fuel Tax Funds for General Maintenance of Streets Date: October 12, 2012 Recommended Action: Staff recommends approval of Resolution 72-R-12 by which City Council would authorize the transfer $704,263 of Motor Fuel Tax Funds for general maintenance of streets by City forces. The fund transfer was approved as part of 2012 budget. Summary: The Motor Fuel Tax Fund (MFT) is distributed to municipalities through the Illinois Department of Transportation (IDOT). The MFT allotment amount is based on population of the municipality and is collected as part of the gasoline tax through the Department of Revenue. The MFT Funds are held for the Municipalities by the Illinois Department of Transportation (IDOT) as an unobligated balance in the City’s MFT account. The City Council of the municipality must approve a resolution in order to make use of the unobligated balance. The Motor Fuel Tax (MFT) Fund has been used by the City for several years for general maintenance of streets. General maintenance of streets performed by City forces consists of street asphalt and concrete patching, street cleaning, and snow and ice removal. Even though the City Council approved the use of these funds when the 2012 budget was passed, the attached resolution needs to be approved to transfer the funds from the MFT Fund to the General Fund. The Streets & Sanitation Division documents the record of the expenditures on street maintenance and transmits them annually to IDOT for approval. Attachments Resolution 72-R-12 IDOT Resolution Memorandum 173 of 551 10/11/2012 72-R-12 A RESOLUTION Authorizing the City Manager to sign a Resolution for Maintenance of Streets and Highways in order to transfer funds from the Motor Fuel Tax fund to the General Fund for the General Maintenance of Streets WHEREAS, the City of Evanston is a home rule unit of government and operates under the Budget Officer form of Illinois governmental budgeting; and WHEREAS, the City Council previously approved the 2012 fiscal year budget, which included a fund transfer from the Motor Fuel Tax fund (“MFT Fund”) to the City’s General Fund for the purpose of general maintenance of streets by City staff for street cleaning and snow and ice removal. WHEREAS, the MFT Fund is distributed to the City through the Illinois Department of Transportation (“IDOT”) and held by IDOT for the City as an unobligated balance in the City’s MFT Account. WHEREAS, the City Council must approve the attached Resolution for Maintenance of Streets and Highways by Municipality under the Illinois Highway Code, in order to transfer the unobligated balance of the MFT Fund to the General Fund for general maintenance of streets (the “IDOT Resolution”). The IDOT Resolution is attached as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign and the City Clerk authorized and directed to attest on behalf of the City the IDOT 174 of 551 72-R-12 ~2~ Resolution for Maintenance of Streets and Highways by Municipality under the Illinois Highway Code. SECTION 2: That the City Manager shall direct the Municipal Budget Officer to make said transfer promptly. That the City Budget Officer shall transfer from the MFT Fund to the General Fund for the purpose of general maintenance of streets in the City of Evanston in the principal amount of $704,263.00 (Seven Hundred and Four Thousand Two Hundred Sixty-Three and no/100 Dollars). SECTION 3: That the uses and expenditures from the General Fund for general maintenance of streets within the City are all for lawful corporate purposes. SECTION 4: That this Resolution, 72-R-12, shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2012 175 of 551 72-R-12 ~3~ EXHIBIT A IDOT Resolution for Maintenance of Streets and Highways by the Municipality under the Illinois Vehicle Code 176 of 551 177 of 551 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Resolution Approving Solid Waste Agency of Northern Cook County (SWANCC) as a Listed Entity for Health Insurance. Date: September 5, 2012 Recommended Action: Staff recommends approval of Resolution 74-R-12 authorizing the City Manager to execute an intergovernmental agreement with SWANCC for the provision of health insurance as a component unit of the City within the Intergovernmental Personal Benefits Cooperative (IPBC). SWANCC will be responsible for all insurance premium costs and fees and will also receive increases/decreases in plan costs equal to the City’s plan costs each year. Funding Requirements and Sources: SWANCC will pay premium costs. Summary: The City is a member of SWANCC, which provides cooperative recycling, waste and yard waste services. SWANCC has 4 full-time employees that receive medical coverage similar to the PPO coverage provided by the City to full-time staff. The IPBC allows members to provide insurance to “listed entities” of the member and this is currently done by the Vllages of Libertyville, Streamwood, and Oswego. As noted in the table below, other listed entities are larger than SWANCC. Listed Entity Medical Lives Sponsoring Group Central Lake JAWA 25 Libertyville Northbrook Public Library 35 Northbrook JAWA 14 Streamwood Oswegoland Park District 41 Oswego For City Council meeting of October 8, 2012 Item A10 Resolution: Intergovernmental Agreement with SWANCC for Health Insurance For Action Memorandum 178 of 551 The premiums paid by SWANCC and by the City are listed below and differences are as follows: SWANCC has a less rich PPO plan design The City does uses a two tiered plan structure for single and family premiums Going forward, the City and SWANCC will have a shared experience rated renewal and rates will be adjusted by the same percent each year. INSURANCE RATE COMPARISON OF EVANSTON AND SWANCC FOR 2013 PPO PLAN Evanston(non-bargaining) SWANCC Singe $710.34 $703.44 Single + Spouse $1,953.42 $1,495.50 Family $1,953.42 $2,080.25 PLAN DESIGN COMPARISON OF EVANSTON AND SWANCC FOR 2013 Deductible (single) $250 $500 Co-Insurance 100% in network/70% out 80% in network/60% out Prescription $5/25/40 $10/40/60 SWANCC currently does not offer an HMO because they only have 4 full-time staff members. As a part of the self-funding rules of Blue Cross Blue Shield and the IPBC, SWANCC members will be allowed to join the IPBC Blue Cross Blue Shield HMO Illinois plan after they are in the IPBC for one full year. This will allow SWANCC employees access to a lower cost plan without placing the health risk on the City of Evanston alone, because the HMO plan costs are shared across all members in the IPBC. This agreement can be terminated by either party with 90 days’ notice prior to an annual renewal and will also terminate should the City decide to terminate membership with the IPBC. Attachments: Resolution 74-R-12 179 of 551 10/17/2012 74-R-12 A RESOLUTION Authorizing the City Manager to list SWANCC as an entity of the City of Evanston within the IPBC WHEREAS, the City of Evanston is a member of the Solid Waste Agency of Northern Cook County (“SWANCC”); and WHEREAS, the City is a member of the Intergovernmental Personal Benefits Cooperative (“IPBC”); and WHEREAS, the IPBC allows members to include listed entities for the provision of health care within the Cooperative; and WHEREAS, the City Council of the City of Evanston finds and determines that the best interests of the City would be served by listing SWANCC as an entity within the IPBC. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City of Evanston and SWANCC agree to allow SWANCC to be a listed entity of the City of Evanston within the IPBC. SWANCC agrees to pay all premiums and administrative costs for their members (employees and dependents) as set forth each year in the renewal provided to the City by the IPBC. SECTION 2: At the discretion of the City Manager, or his designee, SWANCC may enroll their members into IPBC plan options used by the City of Evanston, subject to the rules and restrictions of the IPBC and any regulations imposed by contractors employed by the IPBC for insurance coverage. 180 of 551 74-R-12 ~2~ SECTION 2: This agreement may be terminated at each yearly renewal date by either party, with 90 days’ notice. This agreement will terminate in the event the City elects to terminate membership in the IPBC. SECTION 3: That this Resolution, 74-R-12, shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2012 181 of 551 For City Council meeting of October 22, 2012 Item A11 Ordinance 62-O-12: Amending Civil Service Commission Rules For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Greg Klaiber, Fire Chief Richard Eddington, Police Chief Cheryl Chukwu, Human Resource Division Manager Michelle Masoncup, Assistant City Attorney II Subject: Ordinance 62-O-12; Amending the City Code and the Civil Service Commission Rules Date: October 15, 2012 Recommended Action: Staff requests consideration of Ordinance 62-O-12. Funding Source: n/a Summary: Ordinance 62-O-12 amends Title 2, Chapter 3 of the City Code to address state law amendments to the Fire Department hiring process, expands the number and role of the commissioners in the hiring process for new police officers and firefighters, and addresses changes in the hiring practices within the Division of Human Resources. Legislative History: On August 4, 2011, Governor Quinn signed P.A. 97-0251 (H.B. 1576) into law and commonly known as the Firefighter Hiring Bill (the “Act”), creating substantial changes to the hiring process of new full-time firefighters. The Act changes provisions in the Illinois Municipal Code’s Civil Service Act, and Board of Fire and Police Commissioners Act, and the Fire Protection District Act. The thrust of the law tightens and unifies the language amongst these three acts. The Act creates a statewide procedure for hiring and testing firefighter applicants at the local level. The law sets new requirements for Boards of Commissioners, including a limitation of home rule powers. The most substantial required changes relate to the physical fitness portion of the testing process and the awarding preference points to eligible candidates. Memorandum 182 of 551 Page 2 of 3 Included in the Act are specific components required in the physical ability portion of the testing process. These new requirements present not only the types of skills to be tested but also the manner in which physical ability tests are to be administered. The new law sets a total of seven categories available for awarding preference points, including veteran, fire cadet, educational, paramedic, experience, residency, and unique background/experience preference. The Commission has the ability to set the amount of points available under each remaining category, except for veterans’ preference points. In the case of veteran applicants, the Commission must award five preference points, and may not allow a non-veteran to pass a veteran on the final eligibility list based solely on application of experience points. We are now required to award no less than 10, but not more than 30 preference points each examination process. The new law states that in order to be placed on a final eligibility register, a candidate’s score from the initial list must be at least 10% above the average score of all candidates on that list. Additionally, the new law establishes a minimum age of 21 for employment and a maximum age for application of 35 years, subject to two slight exceptions. Finally, the law requires a true one-year probationary period for all newly hired firefighters. The probationary period now excludes extended periods of training or injury and illness leaves, including duty related leave. On June 15, 2012 the Governor signed P.A. 97-0898 into law. This Act modifies and clarifies the testing procedures set forth in P.A. 97-0251 and addressed some implementation problems of the previous Act. P.A. 0898 expanded the applicant pool for the final eligibility list as follows: For both the preliminary and initial eligibility list, the word “mean” was changed to “median” in the statute. With regard to the initial list, the “plus 10%” requirement was removed, because it eliminated most of the field of candidates and did not generate sufficient numbers of candidates for the final eligibility list. The initial eligibility list cutoff is based on candidates at or above the median of the written examination without any consideration for the scores on the subjective part of the exam. Another change due to HB 4715 relates to physical ability testing. The purpose of this modification is to require that all candidates are tested in the three areas specifically cited in the law. These subsections require physical ability tests to include: muscle strength to perform certain tasks, anaerobic and aerobic conditions to test the speed and endurance, and the ability to climb ladders, operate from heights and/or walk or crawl and the ability to carry out time sensitive and complex problem solving while during a period of physical exertion in stressful and hazardous environments. The third major change clarifies that only experience preference points cannot be used by a candidate to pass a veteran on the final eligibility list. The Civil Service Ordinance and associated rules have not been updated since 1985, except for adding residency points to the firefighter recruitment process in early 2011. Since 1985 most of our employees have been unionized and their union contract s 183 of 551 Page 3 of 3 supersede Civil Service Rules. One and half years of work were spent by City staff members revising and updating the rules. The revised Civil Service rules were vetted and approved by the Commission on June 11, 2012. In addition to updating the Rules which govern the City’s civil service system, the attached ordinance changes the structure of the Commission, amends the roles and responsibilities of the Commission in the hiring process, and lastly clarifies the jurisdiction of the Commission with respect to hiring City personnel. First, the name of the Commission will be amended from the “Civil Service Commission” to the “Public Safety Civil Service Commission” to reflect that the Commission will only be involved in the hiring of police and fire personnel. Second, the number of commissioners is increased from three (3) to seven (7) commissioners. This increase is necessitated by the anticipated increase in the number of applicants that will be interviewed for initial fire candidates due to the Act. Third, the Public Safety Civil Service Commission’s role will be to (a) review and approve the competitive examination process for original appointment of police officers and firefighters; (b) participate on the interview panel for candidates; (c) The Commission shall be responsible for the certification of persons for initial hire to the Fire Department and Police Department; and (d) to make recommendations regarding the recruitment of qualified local candidates for open vacancies for initial hire to the Police and Fire Departments. Lastly, the Rules change the composition of the interviewers from the three commissioners to a five-member panel composed of: two (2) commissioners, the Human Resource Division Manager or his/her designee, the chief of the respective hiring department, and a sworn member from the police department or fire department designated by the respective chief. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 62-O-12 Amended Public Safety Civil Service Commission Rules (Exhibit A) 184 of 551 8/30/2012 62-O-12 AN ORDINANCE Amending Title 2, Chapter 3 of the City Code to reflect changes in the Civil Service Commission NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: That the chapter heading for Title 2, Chapter 3 of the Evanston City Code of 1979, as amended, is hereby amended to read as follows: CHAPTER 3 - PUBLIC SAFETY CIVIL SERVICE COMMISSION AND DEPARTMENT OF PERSONNEL ADMINISTRATIVE SERVICES SECTION 2: That section 2-3-2 of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 2-3-2: - CREATION OF PUBLIC SAFETY EVANSTON CIVIL SERVICE COMMISSION AND DEPARTMENT OF PERSONNEL DEPARTMENT OF ADMINISTRATIVE SERVICES: The following agencies are hereby created: (A) The Evanston Public Safety Civil Service Commission (the “Commission”), shall consist of five three (3) citizens appointed in such manner and for such terms as hereinafter described in Section 2-3-3-1. (B) A Department of Personnel Administrative Services consisting of a Director of Administrative Services and such other personnel as may be employed and assigned thereto, including a Division Manager of Human Resources. SECTION 3: That section 2-3-3-1 of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 2-3-3-1: APPOINTMENT; TERM; QUORUM; QUALIFICATIONS; OATH; REMOVAL (A) The Mayor, with the approval of the City Council, shall appoint seven three (73) persons who shall constitute and be known as the Evanston Public Safety Civil Service Commission. 185 of 551 62-O-12 ~2~ (B) Said Commission members shall serve for three (3) years and until their respective successors are appointed and qualify. Those holding office at the time of the effective date of this Ordinance shall continue in office until the expiration of the terms to which they have been appointed. In every year thereafter the Mayor shall, in like manner, appoint one person as the successor of the Commissioner whose term shall expire that year to serve as such Commissioner for three (3) years and until his/her successor is appointed and qualified. The Commission shall annually, on the first meeting of the year, elect a Chairman of the Commission. The Mayor shall designate one Commissioner as chairman, for such term as the Mayor shall determine, but the term of chairman shall in no event exceed the term for which the chairman was appointed as a Commissioner. (C) Two (2) Four (4) Commissioners shall constitute a quorum. (D) The Commissioners shall hold no office which may create a conflict with the duties to be performed by such Commissioner. (E) Each Commissioner, before entering upon the duties of his/her office, shall take the oath prescribed by Section 1-9-2(B) of Title 1. (F) Removal of any Commissioner shall be in accordance with the provisions of Title 1, Chapter 6, Section 5 of the Evanston City Code 1979. Any vacancy in the office of Commissioner shall be filled by appointment by the Mayor with the approval of the City Council. SECTION 4: That section 2-3-3-2 of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 2-3-3-2: POWERS AND DUTIES (A) The Evanston Public Safety Civil Service Commission shall have the responsibility of overseeing the process of appointment for initial hire of Police and Fire Department candidates operation of the Civil Service System. (B) The Evanston Public Safety Civil Service Commission shall be responsible for practical and reasonable examinations to determine the fitness of Police and Fire Department applicants for initial hire within positions in the classified service of the City, and may delegate the conduct of such examinations to the Human Resource Division Manager Director of Personnel in accordance with the Public Safety Service Commission Rules. (C) On a rotating basis, each Commissioner will participate in structured oral interviews of the candidates. (D) The Evanston Public Safety Civil Service Commission will certify the application process for the initial hire to the Fire or Police Department. (E) The Commission is also responsible for the recruitment of qualified local candidates for open vacancies. (A) The Evanston Civil Service Commission shall establish and publish an approved list of hearing officers including biographical data, to perform such duties described in Sections 2-3-8 and 2-3-9. 186 of 551 62-O-12 ~3~ SECTION 5: That section 2-3-4 of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 2-3-4: DEPARTMENT OF PERSONNEL ADMINISTRATIVE SERVICES The Director of Administrative Services Personnel shall be the Chief Administrative Officer of the Department of Administrative Services Personnel and shall be appointed by the City Manager, and shall serve at the pleasure of the City Manager. The Director of Administrative Services Personnel shall be responsible for the general management and control of the Department of Administrative Services Personnel in a manner consistent with the ordinances of the City, and the applicable laws of the State, and the United States, and the rules of the Department. The Director of Administrative Services Personnel shall have the power and responsibility to: (A) Encourage and exercise leadership in the development of effective personnel administration within the several departments of the City, and to make available the facilities of the Department of Administrative Services Personnel to this end. (B) Advise the City Manager on utilization of employees. (C) Foster and develop programs for the improvement of employee effectiveness including, but not limited to, position classification, salary administration, recruitment, selection, promotion, performance ratings, probationary periods and training. Said programs shall ensure equal employment opportunity for all applicants and employees; including the establishment and maintenance of an affirmative action plan. (D) Investigate from time to time the operation and effect of this Ordinance and the rules made hereunder and to report his/her findings and recommendations to the City Manager. (E) Establish and maintain records of all employees in the City service, which there shall be set forth as to each employee the classification title, pay and status, and other relevant data. (F) Make an annual report to the City Manager of the work of the Department. (G) Certify that persons named on each payroll have been appointed and employed in accordance with the provisions of this Ordinance and the rules adopted thereunder. No City disbursing or auditing officer shall make, approve or take any part in making or approving any payment for personal services to any person holding a position in the City service unless said payroll voucher or account of such payment bears the certification of the Director of Administrative Services Personnel or his/her authorized agent. (H) The Human Resource Division Manager shall aAct as Chief Examiner, under the direction of the Evanston Civil Public Safety Service Commission and at the direction of the Director of Administrative Services. As such, he/she shall supervise all examinations. The Chief Examiner shall be ex officio secretary to the Commission and shall keep the minutes of the proceedings, preserve all reports made to it, keep a record of all examinations held under its discretion and perform such other duties as the Commission shall prescribe. 187 of 551 62-O-12 ~4~ (I) The Human Resource Division Manager shall Ccertify eligible candidates for employment to the City Manager appointing authority who shall be the department head for his/her designee. (J) Apply and carry out this Ordinance and the rules thereunder, and to perform any other lawful act, which may be necessary or desirable to carry out the purposes and provisions of this Ordinance. SECTION 6: That section 2-3-5 of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 2-3-5: CIVIL SERVICE The Evanston Public Safety Civil Service Commission shall only oversee the hiring of the following positions: all positions in the City service except the following: (A) Initial hire of officers within the Police Department; and (B) Initial hire of firefighters within the Fire Department. (A) Elected officials. (B) Administrative heads of City departments. (C) Members of boards, commissions, councils and public bodies, whose appointment is subject to confirmation by the City Council and citizen members of commissions and task forces appointed by the Mayor, City Council or by boards, commissions or councils. (D) Employees of the City Manager’s office, the Law Department and the Personnel Department. (E) Police officers above the rank of captain, and firefighters above the rank of assistant fire chief. (F) Employees whose work is seasonal and does not exceed one hundred eighty (180) days in any calendar year, part-time employees and temporary employees. Seasonal employment in the Sanitation Department shall not exceed two hundred forty (240) days in any calendar year. (G) A Secretary for any elected official. (H) Any additional position exempted pursuant to the approval of the City Manager; these additional exemptions must be based on the need for flexibility in appointment to positions which: (1) involved the determination of policy; or (2) are required to direct or manage the implementation of policy; or (3) require performance with a high degree of confidentiality; or (4) are necessary to administer, manage or participate in those programs which, by their nature, should not be subject to Civil Service requirements. (I) Nothing in this Section shall prohibit a department head or the City Manager from assigning a Civil Service employee, with the agreement of the employee, on a temporary basis, to perform an assignment, project or special task. Such assignments are temporary in nature not to exceed one year but renewable annually, they may be given with additional compensation, and are exempt from Civil Service for the duration 188 of 551 62-O-12 ~5~ of the assignment. Upon completion or termination of such assignment, project or special task, the employee will return his/her Civil Service position. SECTION 7: That section 2-3-6 of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 2-3-6: RULES AND REGULATIONS OF THE PUBLIC SAFETY CIVIL SERVICE COMMISSION CIVIL SERVICE RULES The Evanston Civil Service Commission Rules in Appendix A are hereby redacted in full and replaced by the Public Safety Civil Service Commission Rules which are attached to Ordinance No. 62-O-12 as Exhibit A and incorporated herein as if fully restated. SECTION 8: That section 2-3-7 of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: 2-3-7: PERSONNEL RULES The Human Resource Division Manager Director of Personnel shall promulgate personnel rules, with the approval of the City Manager, to administer and implement this Ordinance and such policy guidelines as set by the Evanston Public Safety Civil Service Commission, and for the day-to-day operation of the personnel system. Prior to the effective date of such rules, the Human Resource Division Manager Director of Personnel shall give notice by posting said notice throughout the departments, and shall transmit said notice to the City Council, and in no case shall such posting and said transmittal be less than fifteen (15) days before the effective date of the proposed rule change or amendment. Such notice shall include information concerning where the rules may be reviewed and where comments may be made. All rules made as herein provided and all changes therein shall forthwith be printed and made available to all employees. SECTION 9: That section 2-3-8 “Hearing Officer”, 2-3-9 (“Disciplinary Actions”, 2-3-10 (“Discrimination”), 2-3-11 (“False Statements: Acceptance of Money for Appointment; Penalties:”, 2-3-12 (“Political Activities”), 2-3-13 (“Probationary Period”), 2- 3-14 (“Retirement”), 2-3-15 (“Reciprocal Agreements”), 2-3-16 (“Review under Administrative Review”), and 2-3-17 (“Severability”) of the Evanston City Code of 1979, as amended, are hereby deleted in their entirety. SECTION 10: All ordinances or parts of ordinances in conflict herewith are 189 of 551 62-O-12 ~6~ hereby repealed. SECTION 11: If any provision of this Ordinance 62-O-12 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 12: 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 13: This Ordinance 62-O-12 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 190 of 551 62-O-12 ~7~ EXHIBIT A PUBLIC SAFETY CIVIL SERVICE COMMISSION RULES 191 of 551 1 | P a g e RULES AND REGULATIONS OF THE PUBLIC SAFETY CIVIL SERVICE COMMISSION These Rules and Regulations of the Public Safety Civil Service Commission (the “Rules”), as amended, replace all prior versions in their entirety, by adoption by the Public Safety Civil Service Commission and the City Council of the City of Evanston. I. ADMINISTRATION A. Purpose: The Public Safety Civil Service Commission of the City of Evanston, Cook County, Illinois (the “Commission”) makes original appointments (of entry-level police officers and firefighters) in accordance with the Civil Service Act, 65 ILCS 5/10- 1-1 et seq. (the “Act”). The purpose of the Commission is to promote fair and equal treatment and opportunity under the law. B. Effective Date: The Rules, as amended, shall take effect upon the adoption by the City Council and subsequent approval by the Mayor of Ordinance 62-O-12. The final eligibility lists in place as of the Effective Date of the passage of these Rules (for either the Police or Fire Department candidates for initial appointment) shall not be impacted by the revisions to the Rules. After the expiration of the current final eligibility list(s) and the commencement of a new hiring process, these Rules shall be implemented. C. Authority: The Commission derives its power and authority from the Act and from Title 2, Chapter 3 “Public Safety Civil Service Commission and Division of Human Resources”, as amended. The Act and these Rules govern the procedures by which the Commission must operate and appoint candidates. Adherence to the Act and all other applicable federal, State, and local regulations are of paramount concern and consideration, including but not limited to rules and regulations of the U.S. Equal Employment Opportunity Commission. D. Definitions: 1. The word “Commission” shall mean the Public Safety Civil Service Commission. 2. The word “officer” shall mean any individual holding a permanent office as a full time sworn member of the Police Department of the City of Evanston as described under the provisions of the Code of Ordinances of the City of Evanston, Cook County, Illinois, as amended. It shall include probationary members, except when otherwise specified. 3. The word “Firefighter” shall mean any firefighter/paramedic holding a permanent office as a full time sworn member of the Fire Department of the City of Evanston as described under the provisions of the Code of Ordinances of the City of Evanston, Cook County, Illinois, as amended. It shall include probationary members, except when otherwise specified. 4. Any time reference is made to the “Police Chief” or “Fire Chief”, the terms shall include any person duly acting in place of the Police Chief or Fire Chief. 192 of 551 2 | P a g e 5. The word “City” shall mean the City of Evanston, Cook County, Illinois. 6. “Corporate Authorities” shall mean the Mayor and City Council of the City of Evanston. 7. “City Code” shall mean the City of Evanston Code. 8. “Commissioner” shall mean a member of the Public Safety Civil Service Commission. 9. “Personnel Manual” shall mean and refer to the Personnel Manual of the City of Evanston which sets forth the established procedures to implement and carry out the policies of the City of Evanston regarding the personnel system as contained in the City Code, Title 2, Chapter 3, and further contained in the Rules of the Public Safety Civil Service Commission. 10. “Competitive Examination Process” shall mean and refer to the specific preference points and questions agreed upon by the Commissioners prior to the commencement of the application process of original appointment for either the Fire Department or Police Department. E. Commissioners: The Mayor, with the approval of the City Council, shall appoint seven (7) persons who shall constitute and be known as the Public Safety Civil Service Commission. The Commission shall annually, on the first meeting of the year, elect a Chairman. Those holding office at the time of the effective date of this Ordinance shall continue in office until the expiration of the terms to which they have been appointed. After the expiration of the terms of the existing Commissioners, the Mayor shall, in like manner, appoint person(s) as the successor of the respective Commissioner whose term will expire that year to serve as such Commissioner for three (3) years and until his/her successor is appointed and qualified. At the discretion of the Mayor, each Commissioner may be reappointed for just one (1) additional term. Human Resource Division Manager or assigned designee will function as the secretary for the Commission. F. Duties of the Commission: 1. The Commission shall review and approve the Competitive Examination Process for original appointment of police officers and firefighters. All other hiring will be conducted by the Human Resource Division Manager at the direction of the City Manager or his/her designee and completed in accordance with the Personnel Manual and other rules, regulations and laws. The Commission’s role during the Competitive Examination Process includes the task of reviewing and affirming the process contemplated by the Human Resource Division Manager and Fire Chief or Police Chief for the appointment of the respective vacancy or vacancies prior to commencement of any acceptance of applications for said vacancy. See Section III for further detail and guidance. 193 of 551 3 | P a g e 2. Participation on the Interview Panel: On a rotating basis, described further in Section IV, each Commissioner will be expected to participate in structured oral interviews of candidates. The applicants who pass all preceding examination elements shall be required to undergo a structured oral interview with the Interview Panel, further defined in Section IV. 3. The Commission shall be responsible for the certification of persons for initial hire to the Fire Department and Police Department. The Commission shall certify these candidates of the Departments in accordance with, and to the extent provided in, these Rules. 4. The Commission is also charged with the recruitment of qualified local candidates for open vacancies for initial hire to the Police and Fire Departments. G. Meetings: 1. Meetings may be scheduled at the mutual convenience of the Commission members as needed. Notice shall be posted and meetings shall be open to the public and conducted in accordance with the Illinois Open Meetings Act, 5 ILCS 120/1 et seq.. 2. Special meetings shall be open. Notice of a special meeting shall be posted forty- eight (48) hours prior to convening. A meeting may be called by the filing of a notice, in writing, with the secretary and signed either by the chairperson of the Commission or, in the event of the absence of the chairperson, a member of the Commission. This notice shall contain a brief statement of the business to be submitted for the consideration of the Commission at such special meetings. It shall set forth the time and place of such special meeting. No other business shall be considered at such special meeting unless if a quorum of Commissioners is present. 3. During any regular or special meeting, a closed session may be held upon a proper motion made by any single member of the Commission for the purpose of discussing personnel. No closed session meetings shall be held at a special meeting unless the closed session is noted on the agenda. Closed sessions may be limited to Commission members and such invited persons as the Commission may deem necessary. The secretary will record the motion to close the meeting and keep minutes of the closed session. Closed sessions shall be taped, audibly or visually, with said tapes being maintained for a period not less than 60 days. H. Quorum: A quorum of the Commission shall be four (4) commissioners. I. Order of Business: The order of business shall be dictated by a packet and agenda prepared and presented to the Commission in advance and the order of business shall typically be as follows: I. Approval of the minutes 194 of 551 4 | P a g e II. Communications III. Chief Forum and updates from the Departments IV. Old Business V. New Business VI. Adjournment J. Rules of Procedure: The Commission shall be guided by parliamentary law as prescribed in Roberts Rules of Order, as amended, unless in conflict with these Rules and Regulations. K. Amendments to the Rules: Proposed amendments to these Rules may be made at any meetings of the Commission and shall be done in consultation with the City Manager and the Corporation Counsel. The proposed amendments shall be posted on the City of Evanston website prior to adoption by the Commission no later than 30 days prior to a meeting set to review any amendments. Any and all amendments adopted by the Commission shall be posted on the City’s website. The City Council shall be advised by the City Manager of any amendments approved by the Commission. L. Personnel Manual: In the event of any conflict between the City of Evanston Code restrictions and regulations and these Rules, the City Code shall prevail. In the event of any conflict between the restrictions and provisions set forth in the Personnel Manual and the Public Safety Civil Service Commission Rules, the terms and conditions of Public Safety Civil Service Commission Rules shall supersede, prevail and dictate. Any term or condition within the Personnel Manual not addressed within the Public Safety Civil Service Commission Rules shall remain in full force and effect. Pursuant to the City Code, the Commission has no authority to revise or amend the Personnel Manual. II. ORIGINAL APPOINTMENT PROCESS A. This section outlines each step in the original appointment hiring process for firefighter/paramedic applicants in Paragraph B and police officers in Paragraph C below. Section III provides more detail and direction regarding the hiring of the candidates. B. Summary of Firefighters Process for Appointment: 1. Affirmation of Process: The Commission reviews the process prior to posting for each vacancy or vacancies. 2. Notice of testing process: Posted at least 30 days prior to written test 3. Pre-requisite application (a) Proof of passing score on the physical test requirements: – CPAT plus Ladder Climb. (b) Age Limits: 195 of 551 5 | P a g e Applicant must be at least 21 years of age at time of hire, but can be 20 years of age at the time of application and testing; and Cannot be over the age of 34 at time of application (exception: previous full- time experience) (c) Other pre-requisites may be recommended by the Fire Chief and approved by the Commission during the affirmation of the process, see Section III (A). (d) Disqualifications: an applicant’s criminal record, depending on the nature of the offense(s) can disqualify a candidate, as more fully described in the Act, as amended. 4. Written Exam: Pass/ Fail; scored out of a 100 point scale and passage of the written exam is a score at or above the median score for all applicants participating in the written exam. 5. Preliminary List: Rank by written exam score (only those scoring at or above mean score). Interviews of the applicants under the subjective component are done according to rank on the preliminary list. 6. Subjective Component: Pass/Fail; Score based on merit criteria as determined by the Commission and in consultation with the Fire Chief and Human Resources; the interview will be conducted by the Interview Panel composed of Commissioners, Fire Chief and one additional Fire staff member, and a Human Resources representative and more full y described in Section IV. 7. Initial Eligibility List: Preliminary list with adjustments based on Subjective Component Written exam weighted 60% plus the Subjective Component weighted 40% - Pass/Fail (mean plus 10%) List posted within 60 days after Subjective Component completed. 196 of 551 6 | P a g e The examination components for an initial eligibility list shall be graded on a 100-point scale. A person’s position on the list is determined by: a) applicant’s score on the written exam; b) the person successfully passing the physical ability component, and c) the person’s results on any subjective component as described in the Act. 8. Preference Points: The City or its assigned testing agent shall send written notice to qualified applicants on the Initial Eligibility List of the opportunity to apply for preference points within 10 business days of posting the Initial Eligibility List. At least 10 points, no more than 30 points may be awarded. (a) Residency: applicant resides within the City – 0-5 points (b) Education – 0-5 points (c) Paramedic Certificate – 0-5 points d) Other – 0-5 (bilingual, cadet program, etc.) (e) Veteran Status – 5 points (one year active, honorable discharge) (f) Experience – 0-5 points (can not be used to move above an applicant on the list with veteran points) 9. Final Eligibility List: Valid for two years; and the list will be certified by the Commission prior to posting. In order to qualify for placement on the Final Eligibility List, an applicant’s total score, before any applicable preference points are applied, shall be at or above the mean score plus 10%. 10. Appointments from Final List: Highest ranking applicant can be passed over as described in the Act, as amended. 11. Conditional Offer of Employment: 5 days to accept; applicant is allowed to waive appointment once. 197 of 551 7 | P a g e The employment is subject to the following professional examinations (which are not subject to appeal rights) performed by outside consultants appointed by the Commission in consultation with the Fire Chief: Background – pass/fail Polygraph – pass/fail Psychological – pass/fail Medical exams – pass/fail C. Summary of Police Officers Process for Appointment: 1. Affirmation of Process: The Commission reviews the process prior to posting for each vacancy or vacancies. 2. Notice of testing process: Posted at least 30 days prior to written test 3. Application requirements: (a) 60 Credit Hours from an accredited college or university (b) Age Limits applicants who are 20 years of age and who have successfully completed 2 years of law enforcement studies at an accredited college or university may be considered for appointment to active duty with the police department, however if the candidate is appointed to active duty, he/she shall not have power of arrest, nor shall the applicant be permitted to carry firearms, until he or she reaches 21 years of age; and Under 35 years of age at time of application (up to 10 yrs credit for active military service) Under 36 years of age at time of appointment (up to 10 years credit for active military service). (c) Disqualifications: an applicant’s criminal record, depending on the nature of the offense(s) can disqualify a candidate, as more fully described in the Act, as amended. 198 of 551 8 | P a g e 4. Physical Exam: Illinois POWER Test – Pass/Fail 5. Written Exam: Pass/Fail exam; scored out of 100 point scale. Passage of the written exam is a score at or above the score of 70. 6. Preference Points: (a) Veteran Status: Applicant is given 5 extra points (one year active, honorable discharge); and (b) Residency: applicant resides within the City – 0-5 points. Note: Preference points for residency cannot move a candidate above a veteran on the Preliminary List. 7. Preliminary List: The list of qualified candidates will be posted within 60 days of written test. 8. Subjective Component: (a) Pass/Fail score; and (b) Test components of score: Structured Interview with Subject Matter Expert(s) (“SME”) (80%), written assessment (20%). 9. Initial Eligibility List: (a) Posted within 60 days after Subjective Component completed (b) Candidates will be ranked based on their Subjective Component score (c) Candidates certified by the Illinois Law Enforcement Training Standards Board or other State accepted training certification will be moved to the top of list over candidates who are not certified (d) Candidates currently employed with a different municipal or state police department will also be moved to the top of the list over candidates with no experience. 10. Additional Professional Testing: Appointments are subject to the following professional examinations (which are not subject to appeal rights) performed by outside consultants appointed by the Commission: (a) Background: Pass/Fail (Chief’s review); (b) Polygraph: Pass/Fail (Chief’s review); 199 of 551 9 | P a g e (c) Psychological: Pass/Fail (non-medical, job-preparedness, job compatibility) (Chief’s Review). 11. Structured Interview: Pass/Fail; the interview will be conducted by a Panel composed of Commissioners, Chief and one additional Police staff, and a Human Resources representative and more fully described in Section IV. 12. Final Eligibility List created: Valid for two years from posting of Initial Eligibility List and the list will be certified by the Commission prior to posting. 13. Appointments from final list: Highest ranking person – by category 14. Conditional Offer of Employment: (a) 5 days to accept offer; (b) allowed to waive once; (c) subject to passage of medical/drug test exam; and (d) POWER test if over one year: Pass/ Fail III. EXAMINATIONS/OVERVIEW OF PROCESS COMPONENTS FOR ORIGINAL APPOINTMENT A. Affirmation of Process: The Commission shall review and affirm the process contemplated by the Human Resource Division Manager and Fire Chief or Police Chief for the appointment of the respective vacancy or vacancies prior to commencement of any acceptance of applications for said vacancy or vacancies. For fire department applicants, the affirmation of process and emphasis on certain preference points can change based on each testing process. B. Notice of Examinations: Examinations shall be held on the dates fixed by the Division of Human Resources and advertised at least thirty days preceding the examination. Each notice must include the time, place, scope, merit criteria for subjective components and the fee for every examination. The notice must also be published in a local newspaper or on the City’s website. Examinations may be postponed; however the Division of Human Resources shall state the reason for such postponement and shall designate a new date for said examination. Applicants shall be notified of the postponement of any examination and of the new date fixed for said examination. In addition, to cover the costs of administering such examinations and posting eligibility lists, the applicants may be required to pay a processing fee at the time their application for employment is tendered. C. Application: Applicants for examination must be citizens of the United States (65 ILCS 5/10-1-7). Applications for position shall be filed according to directions provided 200 of 551 10 | P a g e by the Division of Human Resources and applicants must comply with the requirements set forth in the application in every respect. Every applicant must be of good moral character, of temperate habits, of sound health and must be physically able to perform the duties of the position applied for. The burden of establishing these facts rests upon the applicant alone. D. Type of Examinations: Applicants will be required to participate in a physical aptitude test, written, oral and other examinations as determined by the Commission and as more particularly set forth in subparagraph E below. No examination shall contain questions regarding applicant’s political or religious opinions or affiliations. The examination and qualifying standards shall be based on mental aptitude, physical ability, preferences, moral character and health. The mental aptitude, physical ability and preference components determine the applicant’s qualification for and placement on the final register of eligibles. The examination will include a subjective component based on merit criteria. E. Physical Examination: The physical ability component requires all candidates to undergo an exam of their physical ability to perform the essential functions of the job. These exams are to be open, competitive and based on industry standards to test physical abilities. 1. Fire Department candidates will be required to pass the State of Illinois designed Candidate Physical Ability Test (“CPAT”) which is a pre-requisite for the application. 2. Police department candidates will be required to pass the State of Illinois designed Peace Officer Wellness Evaluation Report (“POWER Test”) which is a requirement to enter the police training academies. F. Written Examinations: All examination papers and testing results shall be and remain the property of the Commission and the City of Evanston and the grading thereof by the Commission or its designee shall be final and conclusive and not subject to review by any person, any other board or tribunal of any kind. Candidates who fail to achieve a passing grade, or passing testing result in any category, will be notified and eliminated from all further consideration. Scoring of the written examinations for firefighters will be based on the Act, as amended. Scoring of the written examination for police officers will be on a 100 point scale. G. Initial Eligibility List: 1. The Human Resource Division Manager shall prepare an “Initial Eligibility List” of the candidates successfully completing the physical ability test, written test, and the subjective component. The order of the testing components and the qualifiers needed for the Initial Eligibility List for either a police officer or a firefighter/paramedic applicant is outlined in Section II. 201 of 551 11 | P a g e 2. A dated copy of the Initial Eligibility List shall be posted within sixty (60) days after the subjective component is completed. H. Preference Points: Preference points may be added to scores of candidates as follows and added to the scores in accordance with the process outlined in Section II. Preference points must be claimed in writing within 10 days after the posting of the initial eligibility register, or the claim is waived. The following are the categories of possible preference points: 1. Military Service: For either Fire Department or Police Department candidates, any person who is engaged in the military service of the United States for total period of at least one year and who was honorably discharged therefrom, or who is now or may hereafter be on inactive or reserve duty in such military service for at least one year shall upon request, be awarded five (5) preference points. It shall be the responsibility of the Applicant to provide evidence of qualifying military service as listed above with the original application for employment in order to be considered for preference points. Acceptable evidence of qualifying military service shall be an official Department of Defense document, such as a DD 214 Copy #4, DD 214 Copy #1 and proof of honorable service from the Department of Defense such as a DD 256 A/N/AF or other official Department of Defense documentation as deemed acceptable by the Human Resource Division Manager. 2. Residency: Firefighter/paramedic applicants who are qualified persons and have passed all phases of an examination, and who have resided in the City of Evanston for a continuous twelve-month period prior to testing shall be granted preference in entrance examinations and given 0-5 preference points. 3. Education: An applicant for a firefighter/paramedic position who has successfully obtained an associate’s degree in the field of fire service or emergency medical services, or a bachelor’s degree from an accredited college or university may be preferred for appointment to and employment with the fire department. No person who does not possess at least a high school diploma or an equivalent high school education shall be placed on an eligibility list. 4. Paramedic Certificate: Firefighter/paramedic applicants who have an Illinois paramedic certificate shall be granted five 0-5 preference points. 5. Past Experience: Firefighter/paramedic applicants with experience as a full-time or part-time firefighter/paramedic with another municipality or fire protection district may be given 0-5 preference points. No application of experience preference points may allow a non-veteran candidate to pass a veteran on the Final Eligibility List. 6. Other: Firefighter/paramedic applicants may be given 0-5 preference points for other job related categories, such as bilingual status or past cadet program participation at the discretion of the Fire Chief in consultation with the Commission. 202 of 551 12 | P a g e I. Additional Professional Testing: The order with which additional professional testing occurs varies depending on the department to which the applicant is applying, see Section II. J. Structured Interview: In conducting the structured interview, the Interview Panel, as more fully described in Section IV below, shall conduct structured interviews with all candidates passing the written examination or as many candidates (starting with the highest written score and preceding in descending order of scores) as deemed appropriate by the Interview Panel. Pre-determined questions will be asked of each candidate that will enable the commissioners sitting on the Interview Panel to properly evaluate the candidate. On completion of each structured interview, the Commissioners will discuss the candidates’ abilities and each Commissioner will then evaluate the candidate. Candidates who fail to successfully complete the structured interview will be notified and eliminated from all further consideration. K. Final Eligibility List and Probationary Appointment 1. The Final List shall include the preference points granted to the applicant, as described in Paragraph (G) (1)-(6). The candidates will be listed in numerical order based on their final weighted score for firefighter/paramedic candidates and by categories for police officer candidates. 2. Firefighter/Paramedic appointment: Upon the request of the Fire Chief to fill an authorized vacancy, the City Manager, at the recommendation of the Fire Chief, shall issue a conditional offer of probationary employment to the candidate with the highest total score on the Final Eligibility List; unless the highest ranking candidate fails to meet the minimum standards for the position or an alternate candidate would better serve the needs of the department. If this exception applies, the City Manager may pass over the highest ranking candidate and appoint either: (1) any candidate with a ranking in the top 5% of the register of eligibles, or (2) any candidate among the top 5 highest-ranked candidates if the number in the top 5% is less than 5 people. Any person whose name appears on the Final Eligibility List may decline appointment one (1) time without being stricken from the Final Eligibility list. The offer of probationary employment shall be conditioned on the satisfactory passing of a psychological examination, a polygraph examination, a background investigation, and a medical examination which shall include, but not be limited to, a drug test and medical exam. For firefighters on the final eligibility list who have not been appointed within one year of their physical ability examination, the City Manager may require the firefighter to submit to a second physical ability examination prior to appointment. 3. Police officer appointment: Upon the request of the Police Chief to fill an authorized vacancy, the City Manager shall issue a conditional offer of probationary employment to the candidate with the highest total score on the Final Eligibility List by 203 of 551 13 | P a g e category. The offer of probationary employment shall be conditioned on the satisfactory passing of a medical examination which shall include, but not be limited to, a drug test and medical exam and a retake/passing of the POWER test if it has been over one year since original test issued by the City. IV. INTERVIEW PANEL A. Structure: The interview panel shall consist of five (5) participants: two (2) Commissioners, the Human Resource Division Manager or his/her designee, the chief of the respective hiring department, and a sworn member from the police department or fire department designated by the respective chief. Collectively the representatives shall be referred to as the “Interview Panel”. B. Rotation of Commissioner Panel Participation: The two commissioners for the Interview Panel will rotate among the seven commissioners. The rotation will commence at the beginning of each interview process and rotated in cooperation with the panelists’ schedules. The Chair of the Interview Panel will rotate among the Commissioners serving on the respective panel during the interview process. C. Structured Interview: The Human Resource Division Manager or his/her designee shall select a number of the highest ranked candidates in descending order from the Initial Eligibility List to participate in the structured interview phase of testing. Pre- selected questions shall be asked of the candidate to enable the Interview Panel to properly evaluate and grade the candidate on speech, alertness, ability to communicate, judgment, emotional stability, self-confidence, social skills and general fitness for the position. The questions will be delegated among the persons on the Interview Panel for the structured interview. D. Grading of the Structured Interview: 1. On completion of each oral examination, the interview panel will discuss the candidate’s abilities using the traits listed above in Paragraph (C). 2. Police Department applicants: Each member of the Interview Panel must assign a “Pass” or “Fail” score for the candidate based on their overall performance in the interview. Each of these grades will be added together and the candidate must receive higher than three (3) or more “Pass” grades in order to move forward in the process. 3. Fire Department applicants: The Interview will be pass/fail and each member of the Interview Panel must score the Candidates based on previously established merit criteria with point allotment as determined by the Commission and in consultation with the Fire Chief and Human Resources. The interviews will be scored on a 100 point scale and the passing score will be determined at the beginning of the interview process in accordance with Rule I (E)(1) to move the candidate forward in the interview process. 204 of 551 14 | P a g e 4. For either a Police or Fire Department applicant, there is no appeal rights for an applicant to any examination conducted during the course of the application process. 205 of 551 For City Council meeting of October 22, 2012 Item A12 Ordinance 116-O-12: Adding “Drive” as an Available Street Designation For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 116-O-12, to Add “Drive” as an Available Street Designation Date: October 8, 2012 Recommended Action: Staff recommends adoption of Ordinance 116-O-12. Funding Source: N/A Summary: Adoption of Ordinance 116-O-12 will amend Section 7-2-3 of the Evanston City Code of 2012, as amended, (the “Code”) to include “drive” as an available street designation. Presently, the Code provides for east and west streets to be designated “streets” and short east and west streets to be designated “places.” Adoption of this amendment will permit short east and west streets to be designated “places” or “drives.” The Code provision designating north and south streets “avenues,” and short north and south streets “courts,” will remain unchanged. Legislative History: N/A Attachments: Ordinance 116-O-12 Memorandum 206 of 551 10/8/2012 111111116666----OOOO----11112222 AN ORDINANCEAN ORDINANCEAN ORDINANCEAN ORDINANCE Amending Amending Amending Amending Section 7Section 7Section 7Section 7----2222----3333 Adding Adding Adding Adding “Drive”“Drive”“Drive”“Drive” as aas aas aas a Street Street Street Street DesignationDesignationDesignationDesignation NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 7-2-3 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 7-2-3. - STREET NAMES; GRID SYSTEM ESTABLISHED (A) Street Map And Records. The several streets in the City shall be known and designated by the names applied thereto respectively on the maps and records of the City and as designated by the ordinances of the City, then in force, fixing the names of such streets and avenues (see Section 6-1 of this Title). (B) Grid System Naming. All streets and parts of streets running east and west or in an easterly and westerly direction shall be known and designated as "streets"; and all streets running north and south or in a northerly or southerly direction shall be known and designated as "avenues"; except, that short streets running north and south may be designated as "courts," and short streets running east and west may be designated as "places," or “drives,” and the name of "Sheridan Road" shall not be changed. SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This Ordinance 116-O-12 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 207 of 551 116-O-12 ~2~ SECTION 5: If any provision of this Ordinance 116-O-12 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 116-O-12 that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance 116-O-12 is severable. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 208 of 551 For City Council meeting of October 22, 2012 Item A13 Ordinance 126-O-12: Amending 28-O-11, Borrowing from the IEPA Loan Program For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Ordinance 126-O-12, Amending Ordinance 28-O-11 Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Date: October 11, 2012 Recommended Action: Staff recommends approval of Ordinance 126-O-12 modifying previously adopted Ordinance 28-O-11 that authorized the City to borrow funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation Phase I project. Funding Source: This ordinance modifies Ordinance 28-O-11 authorizing the City to borrow up to $4,000,000. The debt service will be paid from the Sewer Fund. Background: The City Council adopted Ordinance 28-O-11 on June 13, 2011 authorizing the City to borrow up to $4,000,000 from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the rehabilitation of 1.4 miles of larger diameter combined sewer mains using the cured-in-place pipe (CIPP) lining process. The Large Diameter Sewer Rehabilitation Phase I project was bid and Council approved award of the project, contingent upon receiving appropriate loan funding from the IEPA, to Insituform Technologies USA, Inc. in the amount of $2,989,228 on September 10, 2012. Analysis: During the review of the loan application, the IEPA advised the City that additional language needs to be added to the ordinance authorizing the City to borrow funds from the revolving loan program. Specifically, the IEPA requested following language to be added to the ordinance: Memorandum 209 of 551 “As long as the City has outstanding revenue bonds payable from revenues of the sewer system that are senior to the revenue bond authorized by this ordinance, the City shall maintain an account, coverage and reserves equivalent to the accounts, coverages and reserves required by the outstanding ordinances.” The City does have senior outstanding loan debt with the IEPA in the sewer fund totaling $69,160,282 as of December 31, 2011. The table below indicates the annual debt service payment to the IEPA for these senior loans over the next several years. Fiscal Year Amount Payable on Senior Loans 2012 $10,662,841 2013 $ 9,974,289 2014 $ 9,302,793 2015 $ 8,832,284 2016 $ 8,113,318 The City recognizes its responsibility to pay all debt commitments. The sewer fund projection for future years substantiates the ability of the fund to pay this senior debt as well as the ability to pay the debt service for this new loan. Legislative History: Ordinance 28-O-12 was adopted on June 13, 2012 Attachments: Proposed Ordinance 126-O-12 Location Map of Sewer Project 210 of 551 10/11/2012 126-O-12 AN ORDINANCE Amending Ordinance 28-O-11, “Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program” WHEREAS, on June 13, 2011, the City enacted Ordinance 28-O-11, “Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Program,” attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, 28-O-11 states that IEPA’s “loan to the City shall be made pursuant to a Loan Agreement, including certain terms and conditions, between the City and the IEPA;” and WHEREAS, IEPA requires an amendment to the terms of 28-O-11 before it will disburse any loan funds to the City, 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 amends Ordinance 28-O-11 to include a new Section 11 thereof, to read as follows: As long as the City has outstanding revenue bonds payable from revenues of the System that are senior to the revenue bond authorized by this Ordinance 28-O-11, as amended, the City shall maintain an account, coverage and reserves equivalent to the accounts, coverages and reserves required by the outstanding ordinances. 211 of 551 126-O-12 ~2~ SECTION 3: 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 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This Ordinance 126-O-12 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 212 of 551 126-O-12 ~3~ EXHIBIT A Ordinance 28-O-11 213 of 551 214 of 551 215 of 551 216 of 551 217 of 551 218 of 551 219 of 551 220 of 551 For City Council meeting of October 22, 2012 Item A14 Ordinance 113-O-12: Increase Class B Liquor Licenses for 27 Live For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 113-O-12, Increasing the number of Class B Liquor Licenses permitting issuance to 27 Live Date: October 22, 2012 Recommended Action: Staff recommends adoption of Ordinance 113-O-12. Funding Source: N/A Summary: Ordinance 113-O-12 amends Subsection 3-4-6-(B) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class B liquor licenses from 16 to 17 to permit issuance of a liquor license to 27 Live, LLC, 1012-14 Church Street. Legislative History: On September 27, 2012, the Local Liquor Control Review Board met and voted to recommend an increase in the number of Class B liquor licenses to permit issuance to 27 Live, LLC. Attachments: Ordinance 113-O-12 Application Minutes of September 27, 2012 Liquor Control Review Board Meeting Memorandum 221 of 551 10/8/2012 113-O-12 AN ORDINANCE Amending City Code Subsection 3-4-6-(B) to Increase the Number of Class B Liquor Licenses from Sixteen to Seventeen (27 Live, LLC, 1012-14 Church St.) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6-(B) of the Evanston City Code of 2012 as amended, is hereby further amended by decreasing the number of Class B liquor licenses from sixteen (16) to seventeen (17), to read as follows: 3-5-6-(B): CLASS B licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding Class B licenses must have some food service available when alcoholic liquor is being sold. The meanings of “hotel,” “restaurant,” and “core area” shall be as defined in Section 3-5-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be four thousand three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be four thousand five hundred fifteen dollars ($4,515.00). No more than sixteen (16) seventeen (17) 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 222 of 551 113-O-12 ~2~ any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 223 of 551 224 of 551 225 of 551 226 of 551 227 of 551 228 of 551 229 of 551 230 of 551 231 of 551 232 of 551 233 of 551 234 of 551 235 of 551 236 of 551 237 of 551 238 of 551 239 of 551 240 of 551 1 Memorandum To: Honorable Mayor Elizabeth Tisdahl Local Liquor Control Board From: Theresa Whittington, Liquor Licensing Manager Subject: Background Check Summary 27 Live LLC Date: September 28, 2012 A background investigation was conducted for liquor license applicant 27 Live, LLC d/b/a 27 Live. The names of the shareholder(s) submitted to the Illinois State Police and FBI are as follows: John Tasiopoulos 1323 Cariann Lane Glenview, IL 60025 DOB: Fingerprint results from the Illinois State Police and FBI are pending Gary Mendelson 5036 Culver Skokie, IL 60077 DOB: Fingerprint results from the Illinois State Police and FBI are pending. 241 of 551 FINAL Page 1 of 3 Liquor Control Board MEETING MINUTES Liquor Control Board Thursday, September 27, 2012 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Elizabeth Tisdahl, Marion Macbeth, Richard Peach Members Absent: Patrick Hughes, Byron Wilson Staff Present: W. Grant Farrar and Theresa Whittington Others Present: John Tasiopoulos, Gary Mendelson, Randy Crumpton, Tonya Van Dyke, Darnell Johnson, Rosemary Barnett-Malone, Mitch Dulin, Justin Cozart Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor Call to Order The Local Liquor Control Commissioner 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 27 Live LLC 27 Live, LLC dba 27 Live, 1012-1014 Church Street, Evanston, IL 60201 Owner John Tasiopoulos, and Manager Gary Mendelson were present. Mr. Tasiopoulos explained his business plan to open a restaurant with bar that will offer live music on the weekends. The restaurant will offer an eclectic menu. He feels the business will bring jobs and excitement to the downtown area west of the tracks. Mayor Tisdhal expressed concern to Mr. Tasiopoulos regarding his liquor license at his existing restaurant, Old Neighborhood Grill. Grant Farrar provided further detail and expressed concern over the fact that Old Neighborhood Grill has been licensed since November 2011 but has not paid any liquor taxes. Mr. Farrar explained that Old Neighborhood Grill is a well respected establishment and that a few days will be needed to work out the liquor tax issue. Mr. Tasiopoulos agreed to work with Theresa Whittington on outstanding liquor taxes. 27 Live license approval will be placed on the City Council Agenda for October 22, 2012 in order to allow time to resolve the liquor tax issue. Recommendation and approval of the 27-Live license will be partly contingent on satisfaction of liquor tax payment by the Old Neighborhood Grill Mr. Peach said it was nice to see more activity on the west side of Church Street. Mr. Stasinopoulos has plans to meet with other area business owners to come up with a campaign to promote the west side of town. 242 of 551 FINAL Page 2 of 3 Liquor Control Board The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Tasiopoulos’ request. No concerns were voiced. The board recommends issuing a Class B Liquor License to be introduced at the City Council meeting on October 22, 2012, contingent on Mr. Tasiopoulos working with the City to get liquor taxes paid on Old Neighborhood Grill. Chicago’s Home of Chicken and Waffles, III Signature Food Solutions, Inc. dba Chicago’s Home of Chicken and Waffles, III, 2424 W. Dempster Ave., Evanston, IL 60202 Attorney Randy Crumpton, Owner Tonya Van Dyke, Owner Rosemary Barnett-Malone and Operations Manager Darnell Johnson were present. Ms Van Dyke explained that the restaurant would be 5,000 square feet and provide breakfast, lunch and dinner. Live jazz and other music will be offered on the weekends. She envisions the restaurant as a place one can relax and unwind. She anticipates the restaurant to provide jobs. Ms. Van Dyke expressed excitement at participating in the Evanston Community. Mr. Peach asked about the floor plan and where the live band would be located. Ms. Van Dyke explained that here is a platform near the bar and the band would be located there. Mr. Farrar expressed that the application is in order with the exception of BASSETT certification. Mr. Crump and Ms. Van Dyke said the certifications will be completed soon. Mayor Tisdahl expressed her desire that all servers and managers complete BASSETT certification. The Local Liquor Control Commissioner asked the members if there were any concerns over Ms. Van Dyke’s request. No concerns were voiced. The board recommends issuing a Class O Liquor License to be introduced at the City Council meeting on October 8, 2012, contingent on completion of BASSETT certification. Central Street Café Chardonnay Wine Bar Corp., dba Central Street Cafe, 2800 Central Street, Evanston, IL 60201 Owner Mitch Dulin and prospective Owner Justin Cozart were present. Mr. Dulin explained that he would like to expand hours of the restaurant and add food delivery. He is interested in including the delivery of beer and wine with his food delivery. Customers have expressed interest in purchasing wine and beer with their food orders. He would like an amendment to his liquor license to allow beer and wine delivery. He would BASSETT train his delivery people. Delivery people would take a photo snap shot of the ID’s of people signing for orders. Mr. Dulin says that Chicago currently allows this system and cited Ranalli’s as an example. He is open to limiting the amount of alcohol that can be delivered to one bottle of wine or one six-pack of beer. 243 of 551 FINAL Page 3 of 3 Liquor Control Board Mayor Tisdahl asked Mr. Dulin to do preliminary research on the Illinois Liquor Laws. Grant Farrar suggested Mr. Dulin pay close attention to the Dram Shop act. Mr. Dulin will conduct the research and report back to Grant Farrar. Mr. Dulin took the opportunity to introduce Justin Cozart as one of the people who will be purchasing the café in the future. Ms. Macbeth expressed concern about delivery of beer and wine in the Northwestern University Area. Mr. Dulin responded that he would probably exclude that area from delivery. Mr. Peach mentioned the problem of off-campus housing and that excluding NU campus would not address that issue. Mr. Dulin does not see the NU students or the campus as a target demographic. Mayor Tisdahl suggested that Mr. Dulin reach out to the Alderman and discuss the issue with them and whether or not they would want their ward included in the delivery zone. Mr. Dulin agreed to do any and all due diligence needed. Local Liquor Control Commissioner asked the members if there were any other concerns over Mr. Dulin’s request. No further concerns were voiced. Mr. Dulin will check with the local Alderman, identify a delivery area, and research the Illinois Liquor Laws. Discussions will continue once more information is presented by Mr. Dulin. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor at 11:22 p.m., September 27, 2012. Respectfully Submitted, Theresa Whittington Administrative Adjudication/Liquor Licensing Manager, Legal Department 244 of 551 For City Council meeting of October 22, 2012 Item A15 Ordinance 118-O-12: Decreasing Class D Liquor Licenses Mecafresh Closure For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 118-O-12, Decreasing the Number of Class D Liquor Licenses Due to the Closure of Mecafresh Date: October 22, 2012 Recommended Action: Staff recommends adoption of Ordinance 118-O-12. Funding Source: N/A Summary: Ordinance 118-O-12 amends Subsection 3-4-6-(D) of the Evanston City Code of 2012 (“City Code”), as amended, to decrease the number of Class D liquor licenses from 25 to 24 due to the closure of Mecafresh, 1840 Oak Avenue. Mecafresh closed June 28, 2012. Accordingly, the liquor license that was issued to the restaurant is withdrawn. Adoption of this ordinance will amend the City Code to reflect withdrawal of the license. Legislative History: N/A Attachments: Ordinance 118-O-12 Memorandum 245 of 551 10/22/2012 118-O-12 AN ORDINANCE Amending Subsection 3-5-6-(D) of the City Code to Decrease the Number of Class D Liquor Licenses from Twenty-Five to Twenty-Four (Closure of Mecafresh, 1840 Oak Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 1979, as amended, is hereby further amended by increasing the number of Class D liquor licenses from twenty-four (25) to twenty-five (24), 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 3-5-1 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 3-5-7 of this Chapter, shall be $1,890.00. No more than twenty-five (25) twenty-four (24) such licenses shall be in force at any one time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity 246 of 551 118-O-12 ~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 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: _________________, 2012 Adopted: ___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 247 of 551 For City Council meeting of October 22, 2012 Item A16 Ordinance 122-O-12: Increasing Class Y Liquor Licenses for Wine Goddess, LLC For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 122-O-12, Increasing the Number of Class Y Liquor Licenses Permitting Issuance to Wine Goddess, LLC Date: October 22, 2012 Recommended Action: Staff recommends adoption of Ordinance 122-O-12. Funding Source: N/A Summary: Ordinance 122-O-12 amends Subsection 3-4-6-(Y) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class Y liquor licenses from two to three to permit issuance to Wine Goddess, LLC, 702 Main Street. Owner Diana Hamann submitted an application for a Class Y liquor license. Fingerprint results for Ms. Hamman, as well as proof of BASSET training and surety bond are all pending. Legislative History: On October 11, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class Y liquor licenses to permit issuance to The Wine Goddess, contingent on submission of BASSET certification and surety bond. Attachments: Ordinance 122-O-12 Application Draft Minutes of October 11, 2012 Liquor Control Review Board meeting Memorandum 248 of 551 10/22/2012 122-O-12 AN ORDINANCE Amending City Code Subsection 3-4-6-(Y) to Increase the Number of Class Y Liquor Licenses from Two to Three (The Wine Goddess, LLC, 702 Main Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6-(Y) of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended by increasing the number of Class Y liquor licenses from two (2) to three (3), to read as follows: (Y) Class Y licenses, which shall authorize the retail sale of wine and unrefrigerated beer only in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. 1. It shall be unlawful for a class Y licensee to sell a single container of wine unless the container is greater than or equal to sixteen (16) fluid ounces or four hundred seventy-three thousandths liter (0.473 l). 2. The sale of alcoholic liquor at retail pursuant to the class Y 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. 3. Wine tasting of only the wines permitted to be sold under this classification for consumption off-premises shall be permitted during authorized hours of business. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one (1) fluid ounce, to any person in a day. Licensees may sell samples, but the volume of any sample sold shall not exceed four (4) fluid ounces and the total volume of all samples sold to a person in a day shall not exceed ten (10) fluid ounces. Licensees shall not provide and/or sell more than ten (10) fluid ounces of samples to any person in a day. Licensees must have at least one (1) BASSET-certified site Manager on-premises whenever offering wine for tasting. Licensees must provide food service when offering wine for tasting. 249 of 551 122-O-12 ~2~ 4. The licensed premises shall not exceed a gross area of five thousand (5,000) square feet total. 5. Not less than twenty (20) percent of total gross square foot area of the licensed premises shall be designated for the sale of food. 6. Not more than ten (10) percent of total gross square foot area of the licensed premises may be designated for the sale of unrefrigerated beer. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be . . . . $5,000.00 The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be . . . . $5,160.00 No more than two three (2) (3) such licenses shall be in force at any one (1) time. SECTION 2: Issuance of a Class Y liquor license to The Wine Goddess, LLC, (“the Applicant”), pursuant to adoption of this Ordinance is made contingent on the Applicant submitting to the City of Evanston proof of BASSET Training certification and proof of surety bond. 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. 250 of 551 122-O-12 ~3~ SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 251 of 551 252 of 551 253 of 551 254 of 551 255 of 551 256 of 551 257 of 551 258 of 551 259 of 551 260 of 551 261 of 551 DRAFT Page 1 of 3 Liquor Control Board MEETING MINUTES Liquor Control Board Thursday, October 11, 2012 1:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Elizabeth Tisdahl, Byron Wilson, Richard Peach Members Absent: Patrick Hughes, Marion Macbeth Staff Present: W. Grant Farrar and Theresa Whittington Others Present: Diana Hamman, Christopher Johnston, Sherrie Vidinich, Ted Karabatsos Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor Call to Order The Local Liquor Control Commissioner 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 The Wine Goddess Wine Goddess, LLC, d/b/a The Wine Goddess, 702 Main Street, Evanston, IL 60202 Owner Diana Hamman was present. Ms. Hamman explained her business plan to open a retail wine store and education center. The store will also sell craft beer. The store will close for retail sales around 7pm and then the space would be used to conduct educational classes and workshops. Ms. Hamman is currently working towards certification as an Approved Program Provider. This will enable her to offer instruction and certification towards Master of Wine degrees. The Midwest currently lacks any such program. Mr. Peach had a question as to whether or not a Class Y license allows for the sale of beer. Ms. Whittington expressed that it does allow for it. Mr. Farrar mentioned that the applicant still needs to provide a Surety Bond and BASSETT certification. Ms. Hamman said she is currently working on obtaining those items. The Local Liquor Control Commissioner asked the members if there were any concerns over Ms. Hamman’s request. No concerns were voiced. The board recommends issuing a Class Y Liquor License to be introduced at the City Council meeting on October 22, 2012, contingent on Ms. Hamman obtaining a Surety Bond and BASSET Certification. 262 of 551 DRAFT Page 2 of 3 Liquor Control Board Cheesie’s Pub & Grub Cheesie’s Evanston, LLC, d/b/a Cheesie’s Pub & Grub, 622 Davis Street, Suite 10 0, Evanston, IL 60201. Christopher Johnston, Owner was present. Mr. Johnston explained that the restaurant would specialize in grilled cheese. He currently has a Cheesie’s location in Chicago that has received a lot of press and has been doing very well. He now wishes to expand into Evanston. He feels it would provide early exposure of the restaurant to university students who might continue to be loyal once they relocate to Chicago after graduation. In addition, the Chicago restaurant sees a lot a customers from Northern suburbs which could be diverted to the Evanston location. Alcohol accounts for less than 25% of the sales at Cheesie’s, Chicago. There have been no issues with underage drinking at the Chicago location. Mr. Peach asked why the menu does not mention beer or Wine. Mr. Johnston replies that alcohol is not the main focus of the menu and the menus were printed before he knew the outcome of his liquor license application. Mayor Tisdahl asked Mr. Johnston about his DUI’s in 2003 and 2007. Mr. Johnston confirmed that there have been no other violations beyond the 2007 DUI. He says he regrets the event. He and some friends had all been drinking and he volunteered to drive rather than have the others put themselves at risk. He admits that it was a very poor decision that has been following him and he deeply regrets it. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Johnston’s request. No concerns were voiced. The board recommends issuing a Class B1 Liquor License to be introduced at the City Council meeting on October 22, 2012. JT’s Bar and Grill Clarke’s on Orrington, Inc. d/b/a JT’s Bar and Grill, 1639 Orrington , Evanston, IL 60201Owners Sherrie Vidinich and Ted Karabatsos were present. Mr. Karabestsos explained that he would like to open a restaurant in the space that used to be Ommagios. The restaurant will feature American food such as hamburgers and breakfast all day. There is a bar in the space and he would like to utilize it for his restaurant. Mayor Tisdahl asked Mr. Karabatsos about BASSETT training. Ms. Vidinich said that she and Mr. Karabatsos are both working on that. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Karabatsos’ and Ms. Vidinich’s request. No concerns were voiced. The board recommends issuing a Class B1 Liquor License to be introduced at the City Council meeting on October 22, 2012, contingent on completion of BASSET Certification. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor at 11:21 p.m., October 11, 2012. 263 of 551 DRAFT Page 3 of 3 Liquor Control Board Respectfully Submitted, Theresa Whittington Administrative Adjudication/Liquor Licensing Manager, Legal Department 264 of 551 For City Council meeting of October 22, 2012 Item A17 Ordinance 123-O-12: Increasing Class B1 Liquor Licenses for Cheesie’s Evanston For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 123-O-12, Increasing the Number of Class B1 Liquor Licenses Permitting Issuance to Cheesie’s Evanston, LLC Date: October 22, 2012 Recommended Action: Staff recommends adoption of Ordinance 123-O-12. Funding Source: N/A Summary: Ordinance 123-O-12 amends Subsection 3-4-6-(B1) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class B1 liquor licenses from five to six to permit issuance to Cheesie’s Evanston, LLC, d/b/a Cheesie’s Pub & Grub, 622 Davis Street. Christopher Johnston submitted an application for a Class B1 liquor license. Legislative History: On October 11, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class B1 liquor licenses to permit issuance to Cheesie’s Pub & Grub. Attachments: Ordinance 123-O-12 Application See Agenda Item A16 for draft Minutes of October 11, 2012 Liquor Control Review Board meeting Memorandum 265 of 551 10/22/2012 123-O-12 AN ORDINANCE Amending Section 3-4-6-(B1) of the City Code to Increase the Number of Class B1 Liquor Licenses from Five to Six (Permitting Issuance to Cheesie’s Evanston, LLC, 622 Davis Street, Suite 100) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 3-4-6-(B1) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class B1 liquor licenses from five (5) to six (6), to read as follows: (B1) CLASS B1 licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding class B1 licenses must have some food service available when alcoholic liquor is being sold. The meanings of “hotel,” “restaurant” and “core area” shall be as defined in Section 3-5-1 of this Chapter. The sale of alcoholic liquor shall not take place between the hours of two o’clock (2:00) A.M. and eleven o’clock (11:00) A.M., except that sales may be made up to three o’clock (3:00) A.M. on Friday, Saturday, Sunday mornings and up to three o’clock (3:00) A.M. on the mornings of January 1, Memorial Day, July 4, Labor Day, and Thanksgiving. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be eight thousand dollars ($8,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be eight thousand four hundred dollars ($8,400.00). No more than five six (5) (6) such licenses shall be in force at any one time. 266 of 551 123-O-12 ~2~ SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid 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:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 267 of 551 268 of 551 269 of 551 270 of 551 271 of 551 272 of 551 273 of 551 274 of 551 275 of 551 276 of 551 277 of 551 278 of 551 279 of 551 280 of 551 281 of 551 282 of 551 283 of 551 284 of 551 285 of 551 286 of 551 287 of 551 288 of 551 289 of 551 For City Council meeting of October 22, 2012 Item A18 Ordinance 124-O-12: Increase Class B1 Liquor Licenses for Clarke’s on Orrington For Introduction and Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 124-O-12, Increasing the Number of Class B1 Liquor Licenses Permitting Issuance to Clarke’s on Orrington, Inc. Date: October 22, 2012 Recommended Action: Staff recommends adoption of Ordinance 124-O-12. Suspension of the Rules is requested for Introduction and Action by City Council on October 22. 2012. Funding Source: N/A Summary: Ordinance 124-O-12 amends Subsection 3-4-6-(B1) of the Evanston City Code of 2012 (“City Code”), as amended, to increase the number of Class B1 liquor licenses to seven (with adoption of Ordinance 123-O-12) to permit issuance to Clarke’s on Orrington, Inc., d/b/a JT’s Bar and Grill, 1639 Orrington. Sheme Vidinich submitted an application for a Class B1 liquor license. Proof of BASSET training certification is pending. Legislative History: On October 11, 2012, the Liquor Control Review Board met and voted to recommend an increase in the number of Class B1 liquor licenses to permit issuance to Clarke’s on Orrington, Inc., contingent on completion of BASSET training. Attachments: Ordinance 124-O-12 Application See Agenda Item A16 for draft Minutes of October 11, 2012 Liquor Control Review Board meeting Memorandum 290 of 551 10/22/2012 124-O-12 AN ORDINANCE Amending Section 3-4-6-(B1) of the City Code to Increase the Number of Class B1 Liquor Licenses from Six to Seven (Clarke’s On Orrington, Inc., d/b/a JT’s Bar and Grill, 1639 Orrington Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 3-4-6-(B1) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class B1 liquor licenses from six (6) to seven (7), to read as follows: (B1) CLASS B1 licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding class B1 licenses must have some food service available when alcoholic liquor is being sold. The meanings of “hotel,” “restaurant” and “core area” shall be as defined in Section 3-5-1 of this Chapter. The sale of alcoholic liquor shall not take place between the hours of two o’clock (2:00) A.M. and eleven o’clock (11:00) A.M., except that sales may be made up to three o’clock (3:00) A.M. on Friday, Saturday, Sunday mornings and up to three o’clock (3:00) A.M. on the mornings of January 1, Memorial Day, July 4, Labor Day, and Thanksgiving. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be eight thousand dollars ($8,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be eight thousand four hundred dollars ($8,400.00). No more than five (5) seven (7) such licenses shall be in force at any one time. 291 of 551 124-O-12 ~2~ SECTION 2: Issuance of a Class B1 liquor license to Clarke’s On Orrington, Inc., (“the Applicant”), pursuant to adoption of this Ordinance is made contingent on the Applicant submitting to the City of Evanston proof of BASSET Training certification. 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. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 292 of 551 124-O-12 ~3~ 293 of 551 294 of 551 295 of 551 296 of 551 297 of 551 298 of 551 299 of 551 300 of 551 301 of 551 302 of 551 303 of 551 304 of 551 305 of 551 306 of 551 307 of 551 308 of 551 309 of 551 310 of 551 311 of 551 312 of 551 1 Memorandum To: Honorable Mayor Elizabeth Tisdahl Local Liquor Control Board From: Theresa Whittington, Liquor Licensing Manager Subject: Background Check Summary for Clarkes on Orrington, Inc., d/b/a JT’s Bar and Grill Date: October 4, 2012 A background investigation was conducted for liquor license applicant Clarkes o Orrington, Inc., d/b/a JT’s Bar and Grill. The names of the shareholder(s) submitted to the Illinois State Police and FBI are as follows: - Sherrie Vidinich 3317 N. Central Park Chicago, IL DOB: Fingerprint results from the Illinois State Police and FBI are still pending. - Ted Karabetsos 7033 Jonguil Niles, IL DOB: Fingerprint results from the Illinois State Police and FBI are still pending. 313 of 551 For City Council meeting of October 22, 2012 Item A19 Ordinance 128-O-12: NU Visitors Center Fire Lane Construction Project Agreement and Lease Agreement with Northwestern University For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Joseph McRae, Deputy City Manager Steve Griffin, Director, Community & Economic Development Subject: Ordinance 128-O-12; Visitors Center Fire Lane Construction Project Agreement and Lease Agreement with Northwestern University Date: October 18, 2012 Recommended Action: Staff requests consideration of Ordinance 128-O-12, authorizing the City Manager to negotiate and execute a Project Agreement and a Lease Agreement with Northwestern University for City-owned property located at the northeast corner of Sheridan Road and Campus Drive. Funding Source: n/a Summary: The City of Evanston owns certain unimproved real property located northeast of the corner of Sheridan Road and Campus Drive (the “Property”). Northwestern University seeks to erect a new Visitor’s Center and 435 car parking garage to the west of the Property at 1841 Sheridan Road. The Visitor Center will be located on the lower level of the structure and includes an auditorium with approximately 160 seats, meeting rooms, offices and two story reception area. In order to provide proper access for emergency vehicles to the proposed university building, Northwestern will construct a fire lane on their property and a portion of the fire lane will be constructed on the City Property. As summarized in Exhibit A, the Project Agreement, the entire fire lane construction will be at the sole cost and expense of Northwestern, including all engineering, surveying, permit fees, and other related expenses. Northwestern will also pay for all future maintenance and repairs expenses. Exhibit A-1, Construction Easement Area, depicts the City property that will be occupied by Northwestern during the construction. The City property needed for the temporary construction easement is: 29,021 square feet or .67 acre. Memorandum 314 of 551 Page 2 of 2 Exhibit A-5 is the proposed lease agreement between the City and Northwestern University. In exchange for all costs and expenses to be paid by Northwestern for the construction and ongoing maintenance and repairs, the lease rental rate for the fire lane path is proposed to be set at a nominal rate of $1.00. The initial term of the lease agreement will be for twenty-five (25) years, with two (2) twenty-five (25) year extensions. As depicted on Exhibit A-2, Fire Lane Path Lease Area, the size of the leased area of the City Property is: 20,401 square feet, approximately .47 acre. Please note that Northwestern will comply with the City’s Tree Preservation ordinance with regard to this project. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 128-O-12 Project Agreement (Exhibit A) Construction Easement Area (Exhibit A-1) Fire Lane Path Lease Area (Exhibit A-2) Temporary Construction Easement (Exhibit A-3) Site and Construction Plan (Exhibit A-4) Fire Lane Path Lease (Exhibit A-5) 315 of 551 10/16/2012 128-O-12 AN ORDINANCE Authorizing the City Manager to Negotiate and Execute a Project Agreement and a Lease of City-Owned Real Property Located Northeast of the Corner of Campus Drive and Sheridan Road WHEREAS, the City of Evanston owns certain unimproved real property northeast of the corner of Campus Drive and Sheridan Road (the “Property”); and WHEREAS, the Property is adjacent to real property owned by Northwestern University (“Northwestern”) located at 1841 Sheridan Road, to which Northwestern seeks to construct a visitors center and parking garage and conjunction with the construction will be constructing a fire lane that will be built, in part, on the City’s Property; and WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston to negotiate and execute a project agreement between the City and Northwestern, to govern the construction of the fire lane, grants a temporary construction easement across the Property to Northwestern, and a twenty-five (25) year lease agreement for a portion of the Property, with two twenty-five (25) year option periods (collectively referred to as the “Agreement”); 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. 316 of 551 128-O-12 ~2~ SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended (the “City Code”), the City Manager is hereby authorized and directed to negotiate and execute, and the City Clerk is hereby authorized and directed to attest, on behalf of the City of Evanston, the Project Agreement and Lease Agreement by and between the City of Evanston and Northwestern University for the Property. The Agreement shall be in substantial conformity with the terms attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ayes: ______________ Nays: ______________ 317 of 551 128-O-12 ~3~ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 318 of 551 128-O-12 ~4~ EXHIBIT A Project Agreement 319 of 551 PROJECT AGREEMENT THIS PROJECT AGREEMENT (“Project Agreement”) is made as of ________________, 2012 by and between THE CITY OF EVANSTON (“City”) and NORTHWESTERN UNIVERSITY, an Illinois corporation (“Northwestern”) (each referred to herein as “a Party” or, collectively, as “the Parties”). R E C I T A L S A. The City is the owner of that certain property commonly known as Clark Street Beach Property (the “Property”), which is adjacent to Northwestern’s property commonly known as Northwestern University Evanston Campus. B. Northwestern intends to build a new Visitor’s Center on Northwestern’s property at 1841 Sheridan Road, Evanston, Illinois, as well as a Fire Lane Path to service the Visitor’s Center. Northwestern wishes to build a portion of the Fire Lane Path on City’s property. C. Northwestern has requested that the City grant to Northwestern a Temporary Construction Easement to use and access that portion of the Property identified in Exhibit 1 (“Construction Temporary Easement Area”) to conduct construction activities on the Property, solely for purposes of supporting construction on the Property, including staging, fence installation, and other temporary construction activities on limited areas immediately adjacent to the Property, all as more fully set forth in this Project Agreement. Owner has agreed to grant such Temporary Construction Easement, subject to the terms and conditions of this Project Agreement. D. Northwestern has also requested that the City grant to Northwestern a lease of portion of the Property identified in Exhibit 2 (“Fire Lane Path Lease Area”) to allow use, and maintenance by Northwestern, of the Fire Lane Path after construction activities in the Construction Temporary Lease Area are completed. Owner has agreed to grant such lease, subject to the terms and conditions of this Agreement. E. The City has requested that Northwestern construct a sidewalk to connect the City’s existing pedestrian path located on the Clark Street Beach Property to the Fire Lane Path. The City intends to maintain this connecting sidewalk after the sidewalk is constructed. NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby incorporated in and made a part of this Project Agreement as if fully set forth below, the mutual agreement of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of Temporary Construction Easement. Subject to the terms of this Project Agreement, City will grant to Northwestern, its invitees, employees, agents, 320 of 551 2 contractors and subcontractors, a Temporary Construction Easement for access over, upon, through and across the Property for construction of the Fire Lane Path and a sidewalk to connect the City’s existing pedestrian path located on the Clark Street Beach Property to the Fire Lane, and for no other purposes, as set forth in the attached Exhibit 3 (“Temporary Construction Easement”). The Temporary Construct Easement shall expire and this Project Agreement shall cease after the construction contemplated on Exhibit 4 is completed and accepted by the City (“Project Term”). 2. Grant of Lease. Subject to the terms of this Project Agreement, City will grant to Northwestern, its invitees, employees, agents, contractors and subcontractors, a revocable lease for access over, upon, through, and across the Fire Lane Path Lease Area for the purposes of operating and maintaining a paved path for pedestrians, bicyclists, and emergency vehicles and associated lighting, utility infrastructure, and landscaping and signage work hereafter referred to as the “Fire Lane Improvements” associated with the Fire Lane Path on City Property, and for no other purposes. For avoidance of doubt, Northwestern will operate and maintain the Fire Lane Path on City Property, but the City will operate and maintain the sidewalk Northwestern will build connecting the City’s existing pedestrian path located on the Clark Street Beach Property to the Fire Lane Path. The Fire Lane Path Area Lease is attached as Exhibit 5. 3. Fire Lane Improvement Construction. Northwestern shall adhere to all requirements and specifications for the construction occurring on City Property as provided in the Site and Construction Plan, a ttached as Exhibit 4 (“Site and Construction Plan”). The City and Northwestern agree that the Fire Lane Improvements shall be at the sole cost and expense of Northwestern, including any and all permit fees for the construction and the survey for the project and the Fire Lane Path Lease Area. Northwestern shall comply with all local (including, but not limited to all zoning and tree ordinances), state and federal regulations during the Project Term for the Fire Lane Improvements and obtain all necessary permits for construction. 4. Term of Lease. The Fire Lane Path Area Lease granted hereunder shall commence upon the date of this Project Agreement and shall continue for an initial term of twenty-five (25) years, unless sooner revoked or terminated as provided herein. After the initial term, the lease shall automatically renew for an additional twenty-five year period, unless Northwestern provides written notice no later than 120 days prior to expiration of the initial term that Northwestern is not renewing the lease. In the event that the initial term is renewed, then after the expiration of the initial term and additional term combined, the lease shall automatically renew for an additional twenty-five year period, unless Northwestern provides notice no later than 120 days prior to expiration of the additional term that Northwestern is not renewing the lease. Thereafter, the term of the lease shall be extended solely by mutual written agreement of the parties. 5. Purpose of Lease. Northwestern shall have access to the Fire Lane Path Lease Area to maintain and operate the Fire Lane Path as described in and in accordance with the Construction and Site Plan. 321 of 551 3 6. Environmental. Northwestern shall comply with all Environmental Laws (hereinafter defined) and shall not cause or permit any Hazardous Substances (hereinafter defined) to be brought, kept or stored on the Property, and shall not engage in or permit any other person or entity to engage in any activity, operation or business on the Property that involves the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of Hazardous Substances. In the event that any work performed by or on behalf of Northwestern on or to the Property exposes, uncovers or results in the presence of Hazardous Substances on the Property (including presence in soils excavated in conjunction with the Project), Northwestern, at its sole cost and expense, shall be responsible for the remediation of such Hazardous Substances in accordance with Environmental Laws, except to the extent caused by City. As used in this Project Agreement, “Hazardous Substances” means all hazardous or toxic materials, substances, pollutants, contaminants, or wastes currently identified as a hazardous substance or waste in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), as amended, the Superfund Amendments and Reauthorization Act (“SARA”), the Resource Conservation and Recovery Act (“RCRA”), or any other federal, state or local legislation or ordinances applicable to the Property. As used in this Project Agreement, “Environmental Laws” means all federal, state and local environmental laws, rules, statutes, directives, binding written interpretations, binding written policies, ordinances and regulations issued by any governmental authority and in effect on or after the date of this Project Agreement with respect to or that otherwise pertain to or affect the Property, or any portion of the Property, the use, ownership, occupancy or operation of the Property, or any portion of the Property, or any owner of the Property, and as same have been amended, modified, or supplemented from time to time, including but not limited to CERCLA, the Hazardous Substances Transportation Act (49 U.S.C. § 1802 et seq.), RCRA, the Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. § 300f et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. § 11001 et seq.), the Radon and Indoor Air Quality Research Act (42 U.S.C. § 7401 note, et seq.), SARA, comparable state and local laws, and any and all rules and regulations that are effective as of the date of this Project Agreement, or become effective after the date of this Project Agreement under any and all of the aforementioned laws. 7. Covenants and Conditions. Northwestern covenants, warrants and agrees that with respect to the activities contemplated under this Project Agreement that: (i) no waste or damage shall be committed upon or to the Property; (ii) the Property shall be used for only the purposes set forth herein; (iii) the Property shall not be used for any unlawful purpose and no violations of Laws (hereinafter defined) or duly constituted authority shall be committed thereon; (iv) Northwestern shall keep the Property in a clean and sanitary condition; (v) Northwestern shall not do or permit to be done anything upon the Property that may subject City to any liability for injury or 322 of 551 4 damage to person or property, or result in a violation of any Laws and (vi) the work performed on or to the Property pursuant to this Project Agreement or the Construction and Site Plan shall not adversely affect the City’s ability to use the Property, except as previously agreed to by the City and reflected in plan descriptions as previously represented to the City. 8. Revocable Lease. Northwestern hereby expressly acknowledges that this is a revocable lease which can be terminated or revoked by the City as hereinafter provided. 9. Surrender. Except for alterations and changes to the Property expressly permitted by this Agreement, Northwestern shall, at the expiration of the term of the lease or upon the earlier termination hereof, yield the Property to Owner in substantially the same condition as of the date of this Project Agreement. Notwithstanding the foregoing, where the City has notified within 90 days of termination of the lease that the City wishes Northwestern to relinquish the Property with any and all improvements, including the Fire Lane Path, to the City, Northwestern shall so relinquish any and all improvements on the Property to the City. 10. Insurance and Indemnification. Northwestern shall procure and maintain (or shall cause the Northwestern’s DBO Contractor to procure and maintain, naming Northwestern and any other Persons required to be so named hereunder as additional insured) for the duration of the Project Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the Work by Northwestern, its agents, subcontractors, representatives and employees. Insurance, together with endorsements as required by this section shall be of the type, in the amounts and subject to all provisions in this section. Northwestern acknowledges and agrees that if it fails to comply with all requirements of this Section 9, the City may void the Agreement. Northwestern must give to the City Certificates of Insurance identifying City to be an Additional Insured for all Work done pursuant to this Project Agreement before City staff recommends award of the contract to City Council. Any limitations or modifications on the Certificate(s) of Insurance issued to the City in compliance with this Section that conflict with the provisions of this section shall have no force and effect. After award of the Contract to Northwestern, Northwestern shall give City a certified copy(ies) of the insurance policy(ies) and all riders to such policy(ies) evidencing the amounts set forth in this section, and copies of the Additional Insured endorsement to such policy(ies) which name City as an Additional Insured for all Work done pursuant to this Project Agreement before Contractor does any Work pursuant to this Agreement. Northwestern’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without sixty (60) days prior written notice (hand delivered or registered mail) to City. Northwestern shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies. 323 of 551 5 10.1.1 The policies and the Additional Insured endorsement must be delivered to the City within two (2) weeks of the request. All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-XIII or better as published within the prior twelve months, or if none, the most recent edition of Best’s Key Rating Guide, Property - Casualty Edition. Any deductibles or self-insured retentions must be declared to and approved by City. 10.1.2 Commercial general liability coverage at least as broad as Insurance Services Office Commercial General Liability occurrence coverage (“occurrence” form CG0001, Ed. 11/88) with a limit of not less than $5,000,000 per occurrence. If the insurance includes a general aggregate limit, that limit shall apply separately to this Project Agreement or it shall be at least twice the required per occurrence limit. Deductibles shall be commensurate with industry practice. Northwestern understands that the acceptance of Certificates of Insurance, policies, and any other documents by the City in no way releases the Contractor and its subcontractors from the requirements set forth herein. 10.1.3 Northwestern’s insurance and any insurance provided in compliance with these specifications shall be primary with respect to any insurance or self-insurance programs covering the City, its City Council and any officer, agent or employee of City. Northwestern expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy with respect to the City. In the event Northwestern fails to purchase or procure insurance as required above, the parties expressly agree that Northwestern shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy, or reimbursement, at law or in equity, against Northwestern. 10.1.4 All liability coverage shall name the City, its City Council and every officer, agent and employee of the City as an additional insured. 10.1.5 Where available, the insurer shall agree to waive all rights of subrogation against the City, its City Council and every officer, agent and employee of City. In the event any insurance required to be maintained herein becomes unavailable or is not available on commercially reasonable terms, Northwestern shall maintain or shall cause to be maintained the best that is available on commercially reasonable terms as agreed to by the City in writing. 10.2 Indemnity 324 of 551 6 Northwestern shall defend, indemnify and hold harmless City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including without limitation costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Northwestern or Northwestern’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Project Agreement. Northwestern agrees to cooperate in the event any litigation is brought against the City by any party seeking to enjoin, restrain, or stop the Work contemplated by this Agreement, specifically included but not limited to, Work which a prospective Plaintiff alleges violates the City’s ordinance relating to Trees and Shrubs (Title 7, Chapter 8, Sections 7-8-1 through 7-8-13). Northwestern shall defend, indemnify, and hold harmless City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including without limitation costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any litigation related to the City’s ordinance relating to Trees and Shrubs (Title 7, Chapter 8, Sections 7-8-1 through 7-8-13). Nothing contained herein shall be construed as prohibiting City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Northwestern shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to City and employees and agents, including without limitation the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Northwestern must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Northwestern of any of its obligations under this Project Agreement. Any settlement of any claim or suit related to activities conducted under this Project by Northwestern must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the greatest extent permissible by law, Northwestern waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Northwestern that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including without limitation, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on 325 of 551 7 its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Northwestern is responsible for any losses and costs to repair or remedy work performed under this Project Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subcontractors’ work. Acceptance of the work by City will not relieve Northwestern of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this section shall survive completion, expiration, or termination of this Agreement. 11. Compliance with Laws. Northwestern, at its cost and expense, shall be responsible for obtaining any and all permits, leases and other governmental approvals, leases, consents and authorizations which may be required for the use of the Property and exercise of its rights pursuant to this Project Agreement. Northwestern shall at all times comply with all applicable legal or governmental statutes, laws, codes, orders, requirements, regulations, ordinances and rules (collectively, “Laws”). 12. Default. It shall be considered a “Default” under this Project Agreement if Northwestern fails to substantially comply with any provision of this Project Agreement and does not cure such failure within 30 days after notice, except where the default cannot reasonably be cured in 30 days, in which case if Northwestern has begun and continues efforts to remedy the default as soon as practicable, then such additional time shall be given to remedy the default. In the event of a Default, the City may terminate this Project Agreement by written notice to Northwestern. Such termination right shall be in addition to all rights and remedies available to the City at law or in equity. 13. Third Party Beneficiaries; No Effect on Other Rights of the Parties. This Project Agreement is not intended to and in no way confers any rights upon third parties. This Project Agreement is not intended to and in no way confers any rights of access or use by the Parties, or any other third party, to either Party’s property except as specifically described herein. 14. Attorneys’ Fees, Jurisdiction for Disputes, and Governing Law. Should a party incur costs, charges and expenses, including court costs and attorneys’ fees, to enforce rights or obligations under this Project Agreement, then such costs, charges, and expenses shall be recoverable from the other party. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Illinois, excluding its choice of law rules. In the event of a dispute hereunder, the parties agree to submit to the exclusive jurisdiction of the state courts of, and federal courts sitting in, Cook County, Illinois. 15. Notices. Any notice, demand, request or other communication which any party may desire or may be required to give to any other party hereunder shall be given in writing at the addresses set forth below by any of the following means: (a) 326 of 551 8 personal service; (b) electronic communication, by facsimile together with confirmation of transmission; (c) overnight courier; or (d) registered or certified United States mail, postage prepaid, return receipt requested. If to Grantee: Northwestern University Attn: Senior VP for Business & Finance 633 Clark Street Evanston, Illinois 60208 With a copy to: Northwestern University Attn: Office of General Counsel 633 Clark Street Evanston, Illinois 60208 If to the Grantor: City of Evanston Attn: City Manager 2100 Ridge Avenue Evanston, Illinois 60201 With a copy to: City of Evanston Law Department Attn: Corporation Counsel 2100 Ridge Avenue Evanston, IL 60201 16. Entire Agreement. This Project Agreement shall constitute the entire contract between the parties and shall supersede any and all prior agreements between the parties hereto with respect to the granting use of the Property to Northwestern. No modification, waiver or amendment of this Lease Agreement or any provision hereof shall be valid unless the same is in writing, and signed by both parties hereto. 17. Counterparts. This Project Agreement may be executed in any one or more counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one Project Agreement. [SIGNATURES FOLLOW ON NEXT PAGE] 327 of 551 9 IN WITNESS WHEREOF, the parties hereto have executed this Project Agreement as of the day and year first above written. NORTHWESTERN CITY: NORTHWESTERN UNIVERSITY, an CITY OF EVANSTON, a municipal Illinois corporation corporation in the State of Illinois By: By: Name: Name: Title: Title: 328 of 551 EXHIBIT A-1 Construction Temporary Easement Area 329 of 551 330 of 551 EXHIBIT A-2 Fire Lane Path Lease Area 331 of 551 332 of 551 EXHIBIT A-3 Temporary Construction Easement THIS INSTRUMENT HAS BEEN PREPARED BY AND SHOULD BE RETURNED AFTER RECORDING TO: City of Evanston Law Department 2100 Ridge Avenue Chicago, IL 60201 THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (the “Agreement”) is made and entered into this day of _______, 2012, by and among the City of Evanston, Cook County, Illinois, an Illinois municipal corporation (“Grantor”) and Northwestern University (“Grantee”); the Grantor and Grantee shall be referred to herein collectively as the “Parties”: WITNESSTH: 1. The Grantor, in consideration of the sum of One Dollar ($1.00), the receipt of which is hereby acknowledged, does hereby give, grant and convey unto the Grantee, its successors and assigns, a temporary easement for the use of the property of the Grantor, situated in the City of Evanston, County of Cook, Illinois, and more particularly described on Exhibit “1” attached hereto (the “Subject Property”) and made a part hereof. 2. Together with the right of the Grantee, its successors and assigns, to go on said temporary easement with necessary labor, equipment, vehicles and material at any and all times for the purposes of facilitating the construction of a fire lane on Grantor’s property (“Fire Lane Improvements”) and in connection with the construction of the Northwestern Visitor Center and Parking Garage and Sailing Center for doing anything necessary, useful or convenient for the enjoyment of the easement herein granted. Grantor hereby grants and conveys to Grantee and Grantee's contractors, subcontractors, agents, employees and representatives, a non-exclusive temporary construction easement (“Temporary Construction Easement”) to enter in, upon, under and across that portion of the Subject Property for the construction of the Fire Lane Improvements. All costs and expenses related to the construction of the Fire Lane Improvements shall be the sole responsibility of Grantee. 3. The Temporary Construction Easement shall terminate on the date Grantee completes construction of the Fire Lane Improvements. This space reserved for Recorder’s use only. 333 of 551 4. Notwithstanding the terms stated in the project agreement between the parties (the “Project Agreement”) which governs the demolition and construction of the Fire Lane Improvements, said Temporary Construction Easement shall include the right and obligation to grade, fill, topsoil and seed for purposes of stabilizing the soil, preventing erosion, and restoring the Subject Property to its condition that existed prior to the Grantee’s entry. TO HAVE AND TO HOLD the above granted Temporary Construction Easement unto the Grantee, its successors and assigns, during the project providing for the construction of the subject fire lane. And the Parties hereby covenant as follows: 1. That the Grantor is lawfully seized of the Subject Property upon which said Temporary Construction Easement is granted, and has good and marketable title to the Subject Property, and the Grantor therefore has good and lawful right to convey the Temporary Construction Easement reference herein. 2. That the said easement is free and clear from encumbrances of record, which would interfere with the intended use by Grantee. 3. That the Grantee shall quietly enjoy its rights in and to the said easement without disturbance and interference by the Grantor. 4. That the Grantor herein reserves the right to cross the easement herein described for ingress and egress to and from the remainder of the Grantor’s property. 5. That the Grantor does hereby expressly permit entry by the Grantee for any purpose hereof upon said easement without furnishing notice of said entry to Grantor. 6. That, notwithstanding the language of Paragraph 5 above, the Grantee agrees that it shall cause minimal intrusion to the Grantor in the Grantor’s enjoyment of the use of the remainder of the Subject Property. The Grantor also agrees that if any disturbance or damage is caused to the Subject Property as a result of the Grantee’s exercise of the rights and privileges afforded to it under this instrument, the Grantee shall restore the affected area as near as practicable to its original condition. 7. That the Grantor agrees, acknowledges and affirms that the temporary easement hereunder granted shall be binding upon its successors and assigns. 334 of 551 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below their respective signatures, to be effective as of the first written above. GRANTOR: CITY OF EVANSTON, an Illinois municipal corporation By: Name:________________________ Its:___________________________ GRANTEE: NORTHWESTERN UNIVERSITY By: __________________________ Name:__________________________ Its: __________________________ 335 of 551 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that Wally Bobkiewicz, who is personally known to me to be the City Manager of the City of Evanston, Illinois, a municipal corporation, and the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed and delivered the said instrument as such City Manager and as her free and voluntary act and as the act and deed of the City of Evanston, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2012. Notary Public (Type or Print Name) My Commission Expires: STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that __________________, who is personally known to me to be the ________________of Northwestern University , an Illinois not-for-profit corporation, and the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as such _______ and as his/her free and voluntary act and as the act and deed of such corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2012. Notary Public (Type or Print Name) My Commission Expires 336 of 551 EXHIBIT 1 Legal Description of the Easement Property A TRACT OF LAND IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN VILLAGE (NOW CITY) OF EVANSTON, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SHERIDAN ROAD, SAID POINT BEING AT THE INTERSECTION OF THE NORTH LINE OF SHERIDAN ROAD AND THE NORTHERLY EXTENSION OF THE EAST LINE OF HINMAN AVENUE; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SHERIDAN ROAD ON AN ASSUMED BEARING OF SOUTH 71 DEGREES 08 MINUTES 25 SECONDS EAST A DISTANCE OF 300.57 FEET TO A POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG THE EXTENSION OF THE LAST DESCRIBED LINE A DISTANCE OF 390.56 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONVEX TO THE SOUTH, WITH A RADIUS OF 162.50 FEET, A CHORD BEARING OF SOUTH 80 DEGREES 04 MINUTES 29 SECONDS WEST AND A CHORD LENGTH OF 202.65 FEET, A DISTANCE OF 218.81 FEET TO A POINT OF TANGENCY; THENCE NORTHWESTERLY ALONG A LINE HAVING A BEARING OF NORTH 61 DEGREES 21 MINUTES 00 SECONDS WEST A DISTANCE OF 30.17 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG A LINE HAVING A BEARING OF SOUTH 72 DEGREES 37 MINUTES 19 SECONDS WEST A DISTANCE OF 32.47 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG A LINE HAVING A BEARING OF SOUTH 27 DEGREES 22 MINUTES 42 SECONDS WEST A DISTANCE OF 16.27 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE HAVING A BEARING OF NORTH 87 DEGREES 16 MINUTES 32 SECONDS WEST A DISTANCE OF 5.23 FEET TO A POINT; THENCE NORTHEASTERLY ALONG A LINE HAVING A BEARING OF NORTH 01 DEGREES 21 MINUTES 25 SECONDS EAST A DISTANCE OF 42.43 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE HAVING A BEARING OF NORTH 87 DEGREES 18 MINUTES 52 SECONDS WEST A DISTANCE OF 11.47 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE HAVING A BEARING OF NORTH 47 DEGREES 23 MINUTES 54 SECONDS WEST A DISTANCE OF 38.02 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE HAVING A BEARING OF NORTH 69 DEGREES 27 MINUTES 46 SECONDS WEST A DISTANCE OF 27.80 FEET TO A POINT; THENCE NORTHEASTERLY ALONG A LINE HAVING A BEARING OF NORTH 52 DEGREES 55 MINUTES 46 SECONDS EAST A DISTANCE OF 11.84 FEET TO A POINT; THENCE NORTHEASTERLY ALONG A LINE HAVING A BEARING OF NORTH 58 DEGREES 28 MINUTES 08 SECONDS EAST A DISTANCE OF 33.65 FEET TO A POINT; THENCE NORTHEASTERLY ALONG A LINE HAVING A BEARING OF NORTH 60 DEGREES 57 MINUTES 31 SECONDS EAST A DISTANCE OF 21.10 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE HAVING A BEARING OF NORTH 70 DEGREES 43 MINUTES 38 SECONDS WEST A DISTANCE OF 54.64 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG A LINE HAVING A BEARING OF SOUTH 65 DEGREES 54 MINUTES 07 SECONDS WEST A 337 of 551 DISTANCE OF 49.12 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE HAVING A BEARING OF NORTH 71 DEGREES 00 MINUTES 32 SECONDS WEST A DISTANCE OF 15.00 FEET TO A POINT; THENCE NORTHEASTERLY A DISTANCE OF 57.45 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. 338 of 551 EXHIBIT A-4 Site and Construction Plan 339 of 551 C01-07 UTL08187.dgn 10/5/2012 1:36:17 PM 340 of 551 THIS INSTRUMENT HAS BEEN PREPARED BY AND SHOULD BE RETURNED AFTER RECORDING TO: City of Evanston Law Department 2100 Ridge Avenue Chicago, IL 60201 EXHIBIT A-5 Fire Lane Path Lease THIS LEASE (the “Lease”) is made and entered into this _________day of ___________, 2012, by and among the City of Evanston, Cook County, Illinois, an Illinois municipal corporation (“Grantor”) and Northwestern University (“Grantee”); the Grantor and Grantee shall be referred to herein collectively as the “Parties”: WITNESSTH: 1. The Grantor, in consideration of the sum of One Dollar ($1.00), the receipt of which is hereby acknowledged, does hereby give, grant and convey unto the Grantee, its successors and assigns, a lease for the use of the property of the Grantor , situated in the City of Evanston, County of Cook, Illinois, and more particularly described on Exhibit “A” attached hereto (the “Subject Property”) and made a part hereof. 2. Grantor will grant to Northwestern, its invitees, employees, agents, contractors and subcontractors, a revocable lease and easement for access over, upon, through, and across the Fire Lane Path Lease Area for the purposes of constructing and maintaining a paved path for perpetual use for pedestrians, bicyclists, and emergency vehicles and associated lighting, utility infrastructure, and landscaping and signage work hereafter referred to as the “Fire Lane Improvements”, and for doing anything necessary, useful or convenient for the enjoyment of the Lease herein granted. All costs and expenses related to the construction , maintenance, repairs, paving and pothole and crack patching of the Fire Lane Improvements shall be the sole responsibility of Grantee. In exchange for Grantee paying for the costs of construction, future maintenance, repairs, paving and pothole and crack patching of the Fire Lane Improvements and providing the bicycle and pedestrian path, the Grantor shall waive its This space reserved for Recorder’s use only. This space reserved for Recorder’s use only. 341 of 551 permanent easement fee, but not any fees related to City of Evanston permitting and construction, and will assess the aforementioned nominal rental fee ($1.00) during the term of the Lease. 3. The lease granted hereunder shall commence upon the date set forth above in this Lease and shall continue for an initial term of twenty-five (25) years, unless sooner revoked or terminated as provided herein (the “Lease Term”). After the initial term, the lease shall automatically renew for an additional twenty-five year period, unless Grantee provides written notice no later than 120 days prior to expiration of the initial term that Grantee is not renewing the lease. In the event that the initial term is renewed, then after the expiration of the initial term and additional term combined, the lease shall automatically renew for an additional twenty-five year period, unless Northwestern provides notice no later than 120 days prior to expiration of the additional term that Grantee is not renewing the lease. Thereafter, the term of the lease shall be extended solely by mutual written agreement of the parties. TO HAVE AND TO HOLD the above granted Lease unto the Grantee, its successors and assigns, during the project providing for the construction of the subject fire lane. And the Parties hereby covenant as follows: 1. That the Grantor is lawfully seized of the Subject Property upon which said Lease is granted, and has good and marketable title to the Subject Property, and the Grantor therefore has good and lawful right to convey the Lease reference herein. 2. That the said Lease is free and clear from encumbrances of record, which would interfere with the intended use by Grantee. 3. That the Grantee shall quietly enjoy its rights in and to the said Lease without disturbance and interference by the Grantor. 4. That the Grantor herein reserves the right to cross the Subject Property herein described for ingress and egress to and from the remainder of the Grantor’s property. 5. That the Grantor does hereby expressly permit entry by the Grantee for any purpose hereof upon said Lease without furnishing notice of said entry to Grantor. 6. That, notwithstanding the language of Paragraph 5 above, the Grantee agrees that it shall cause minimal intrusion to the Grantor in the Grantor’s enjoyment of the use of the remainder of the Subject Property. The Grantor also agrees that if any disturbance or damage is caused to the Subject Property as a result of the Grantee’s exercise of the rights and privileges afforded to it under this instrument, the Grantee shall restore the affected area as near as practicable to its original condition. 342 of 551 7. Grantee hereby expressly acknowledges that this is a revocable lease which can be terminated or revoked by the Grantor as hereinafter provided. 8. Grantee, at its sole cost and expense, shall perform all routine maintenance, repairs, and necessary capital expenditures to the Fire Lane Improvements and the Subject Property for the Term of the Lease. Grantor shall send notice of necessary repairs, patching and paving to the Fire Lane Improvements and Grantee shall accommodate reasonable requests. The Grantor shall have no obligations with respect to the maintenance, repair or capital expenditures of the Subject Property and the Fire Lane Improvements. Grantee warrants that it will also maintain any and all trees, shrubs or other plantings within the Subject Property area. Grantee shall hold the Grantor harmless against any and all claims arising out of or related to this Lease and any claims of personal injury RELATED TO THE ACTIVITIES OF GRANTEE UNDER THIS LEASE by third parties, except to the extent such claims are alleged to be caused by Grantor’s gross negligence or willful misconduct. 9. That the Grantor agrees, acknowledges and affirms that the Lease hereunder granted shall be binding upon its successors and assigns. 10. Default. In the event of any default on the part of Grantee to faithfully keep and perform all the covenants, agreements, and undertakings herein agreed by it to be kept and performed, Grantor shall give Grantee notice in writing of such default; and if such default shall not have been rectified within thirty (30) days after receipt of such notice by Grantee (provided that such 30-day period shall be extended so long as Grantee has commenced to rectify the default within said 30-day period and diligently pursues the same to completion), all rights and privileges granted herein by Grantor to Grantee may be terminated by Grantor. 11. Notices. Any notice, demand, request or other communication which any party may desire or may be required to give to any other party hereunder shall be given in writing at the addresses set forth below by any of the following means: (a) personal service; (b) electronic communication, by facsimile together with confirmation of transmission; (c) overnight courier; or (d) registered or certified United States mail, postage prepaid, return receipt requested. If to Grantee: Northwestern University Attn: Senior VP for Business & Finance 633 Clark Street Evanston, Illinois 60208 With a copy to: Northwestern University Attn: Office of General Counsel 633 Clark Street Evanston, Illinois 60208 If to the Grantor: City of Evanston 343 of 551 Attn: City Manager 2100 Ridge Avenue Evanston, Illinois 60201 With a copy to: City of Evanston Law Department Attn: Corporation Counsel 2100 Ridge Avenue Evanston, IL 60201 12. Counterparts. This Lease may be executed in counterparts, each of which shall be deemed original, but all of which, together, shall constitute one instrument. 13. Interpretation and Governing Law. This Lease shall not be construed against the party who prepared it but shall be construed as though prepared by both parties. This Agreement shall be construed, interpreted and governed by the laws of the State of Illinois, without regard to the conflict of laws rules thereof. The parties agree that jurisdiction pertaining to any dispute, claim or lawsuit pertaining to this Lease shall be limited to the state courts of Cook County, Illinois. 344 of 551 IN WITNESS WHEREOF, the Parties have executed this Lease as of the dates set forth below their respective signatures, to be effective as of the first written above. GRANTOR: GRANTEE: CITY OF EVANSTON, NORTHWESTERN UNIVERSITY, an Illinois municipal corporation an Illinois corporation By: ________________________ By: ________________________ Print: ________________________ Print: ________________________ Its: ________________________ Its: ________________________ STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that Wally Bobkiewicz, who is personally known to me to be the City Manager of the City of Evanston, Illinois, a municipal corporation, and the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed and delivered the said instrument as such City Manager and as her free and voluntary act and as the act and deed of the City of Evanston, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2012. Notary Public (Type or Print Name) My Commission Expires: STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that __________________, who is personally known to me to be the ________________of Northwestern University , an Illinois not-for-profit corporation, and the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as such _______ and as his/her free and voluntary act and as the act and deed of such corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2012. 345 of 551 Notary Public (Type or Print Name) My Commission Expires: 346 of 551 EXHIBIT 1 Legal Description of Leased Property A TRACT OF LAND IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN VILLAGE (NOW CITY) OF EVANSTON, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SHERIDAN ROAD, SAID POINT BEING AT THE INTERSECTION OF THE NORTH LINE OF SHERIDAN ROAD AND THE NORTHERLY EXTENSION OF THE EAST LINE OF HINMAN AVENUE; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SHERIDAN ROAD ON AN ASSUMED BEARING OF SOUTH 71 DEGREES 08 MINUTES 25 SECONDS EAST A DISTANCE OF 427.13 FEET TO A POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG THE EXTENSION OF THE LAST DESCRIBED LINE A DISTANCE OF 253.10 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONVEX TO THE SOUTH, WITH A RADIUS OF 152.50 FEET, A CHORD BEARING OF SOUTH 80 DEGREES 51 MINUTES 46 SECONDS WEST AND CHORD LENGTH OF THE 186.88 FEET, A DISTANCE OF 201.15 FEET TO A POINT OF TANGENCY; THENCE NORTHWESTERLY ALONG A LINE HAVING A BEARING OF NORTH 61 DEGREES 21 MINUTES 00 SECONDS WEST A DISTANCE OF 124.00 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A LINE HAVING A BEARING OF NORTH 69 DEGREES 27 MINUTES 46 SECONDS WEST A DISTANCE OF 22.74 FEET TO A POINT; THENCE NORTHEASTERLY ALONG A LINE HAVING A BEARING OF NORTH 58 DEGREES 28 MINUTES 08 SECONDS EAST A DISTANCE OF 33.65 FEET TO A POINT; THENCE NORTHEASTERLY A DISTANCE OF 53.36 FEET TO A POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. 347 of 551 For City Council meeting of October 22, 2012 Item A20 Ordinance 109-O-12: Create a Class P-1 Liquor License for Craft Breweries For Action To: Honorable Mayor and Members of the City Council Planning & Development Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 109-O-12, Amending Title 3, Chapter 4, Section 6 of the City Code to Create a Liquor License Classification for Craft Breweries Date: October 8, 2012 Recommended Action: Staff requests consideration of 109-O-12. This ordinance was introduced at the October 8, 2012 City Council meeting. Funding Source: N/A Summary: Ordinance 109-O-12 amends Title 3, Chapter 4, Section 6 of the Evanston City Code of 2012, as amended (“Code”), to create a liquor license classification applicable to craft beer breweries. If adopted, Class P-1 liquor licensees will be permitted to offer for retail sale their craft beer for consumption onsite or offsite. Additionally, the classification will permit the brewer to offer product samples provided sample sizes are limited to those permitted under state law as incorporated in the ordinance. The Code does not include a liquor license classification applicable to craft brewers wishing to sell beer at a brewery. On January 25, 2012, Josh Gilbert appeared before the Liquor Control Review Board requesting creation of a license classification for craft breweries with taprooms. Mr. Gilbert wishes to open and operate a craft brewery in Evanston. The P-1 license classification in 109-O-12 was modeled after the craft distiller “P” classification, while taking into account state statutes and regulations applicable to “sampling,” and Mr. Gilbert’s business model which, in addition to retail sale, includes brewery tours and some on-site consumption. Adoption of Ordinance 109-O-12 will create the P-1 classification and prospective licensees will need to follow the liquor license application process. Legislative History: On January 25, 2012 the Liquor Control Review Board met and voted to recommend creation of a liquor license classification for craft breweries. Memorandum 348 of 551 Page 2 of 2 Attachments: Ordinance 109-O-12 Minutes of the January 25, 2012 Liquor Control Review Board Meeting 349 of 551 10/8/2012 109-O-12 AN ORDINANCE Amending City Code Section 3-4-6 to Create Liquor License Class (P-1) for Craft Breweries NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended to add the following: (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. 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. 350 of 551 109-O-12 ~2~ 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 3-5-7 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid 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. 351 of 551 109-O-12 ~3~ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: _________________________, 2012 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 352 of 551 FINAL Page 1 of 3 Liquor Control Board MEETING MINUTES Liquor Control Board Wednesday, January 25, 2012 2:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Marion Macbeth, Byron Wilson, Patrick Hughes, Richard Peach and Elizabeth Tisdahl Members Absent: None Staff Present: W. Grant Farrar, Wendy McCambridge and Johanna Nyden. Others Present: Ted Mavrakis (World of Beer), Carol Mavrakis (World of Beer), Chris Giotakis (World of Beer, Area Developer), Wendy Cheng (Todoroki Sushi and Grill), Paul Hletko (Few Spirits), Josh Gilbert (prospective craft brewery owner), Pascal Berthoumieux (Creperie Saint Germain), Bill Smith (Evanston NOW), Jonathan Bullington (TribLocal Evanston) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor Call to Order The Local Liquor Control Commissioner Tisdahl called the meeting to order at 2:00 p.m. All attendees introduced themselves and roles related to the meeting. NEW BUSINESS World of Beer Evanston Pub, Inc doing business as World of Beer, 1601 Sherman Avenue, Evanston, IL 60201 owner, Ted Mavrakis was present. Local Liquor Control Commissioner asked Mr. Mavrakis the reason for this meeting. Mr. Mavrakis explained that he is interested in opening a franchise location of a beer centric establishment. Dick Peach, a member of the board, noted there were no food items on the menu. W. Grant Farrar, Corporation Counsel for the City of Evanston, asked Mr. Mavrakis if an alternate provision was to be made for the availability of food at the establishment. Mr. Mavrakis stated that World of Beer would display carry-out menus of a few local restaurants agreeing to partner with the new venture to provide food to the patrons, Giordano’s, etc. Chris Giotakis, Area Developer for World of Beer, stated according to corporate headquarters the restaurants who have partnered with other World of Beer locations have experienced an increase in carry-out of up to 25-30% as a result of the relationship. Mr. Peach raised the concern that the liquor ordinance requires the availability of food if liquor is provided. Mr. Farrar suggested, if approval of the liquor license is recommended, for the owner, Mr. Mavrakis, to present at the City Council meeting written documentation or proof of agreements with local businesses that will provide food for World of Beer patrons to satisfy the 353 of 551 FINAL Page 2 of 3 Liquor Control Board The Local Liquor Control Commissioner asked the members if there were any additional concerns over Mr. Mavrakis’ request. No concerns were voiced. The board recommends issuing a Class B Liquor License to be introduced at the City Council meeting on February 13 or February 27, 2012. Todoroki Todoroki, LLC doing business as Todoroki Sushi and Grill, 524-526 Davis Street, 1st Floor, Evanston, IL 60201 owner Wendy Cheng. Local Liquor Control Commissioner asked the reason for this meeting. Ms. Cheng replied that she recently opened a new hibachi and sushi restaurant. Todoroki is the only hibachi restaurant within twelve miles of the location. Ms. Cheng explained she is interested in adding beer and wine to the menu. The beer offering will be primarily Asian beer and the restaurant has partnered with Vinic Wine for wine offerings. The Local Liquor Control Commissioner asked the members if there were any concerns over Ms. Cheng’s request. No concerns were voiced by the board members. The board recommends issuing a Class D Liquor License to be introduced at the City Council meeting on either February 13 or February 27, 2012. Ammendment to Class “P” Liquor License Paul Hlteko, owner of Few Spirits, attended the meeting to request the City of Evanston Ordinance to increase the maximum volume of distilled liquors in the Class “P” Liquor License from 5,000 gallons to 15,000 gallons to match the recent changes to the Illinois Liquor Control Act of 1934 (235 ILCS 5/5-1). The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Hletko’s request. No concerns were voiced. The board recommends the amendment to the Class “P” Liquor License to be introduced at the City Council meeting on February 13, 2012. Craft Brewery Liquor License Class Josh Gilbert, prospective owner of an Evanston based Craft Brewery, attended the meeting to propose a liquor license class to allow for a craft brewery and a tap room within the City of Evanston. Currently, there is not a liquor class that meets his business model. This would be the first craft brewery in Evanston. No location for the prospective business has been selected and no application pending as of this meeting. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Gilbert’s request. No concerns were voiced. Mr. Farrar asked Mr. Gilbert to get in contact with the Law Department to discuss in detail his business plan to draft an ordinance to create a liquor license class to meet his prospective business need. The board recommends the amendment to the new class to be introduced at a future City Council meeting. The meeting date is to be determined. Creperie Saint Germain Creperie Saint Germain, Inc. doing business as Creparie Saint Germain, 1512 Sherman, Evanston, IL 60201 owner, Pascal Berthoumieux. 354 of 551 FINAL Page 3 of 3 Liquor Control Board Local Liquor Control Commissioner asked the reason for this meeting. Mr. Berthoumieux stated he is interested in opening an additional restaurant in Evanston (he also owns Bistro Bordeaux). The new restaurant would be French featuring crepes with a selection of beer and wine to be available to the patrons. The Local Liquor Control Commissioner asked the members if there were any concerns over Mr. Berthoumieux’s request. No concerns were voiced. The board recommends issuing a Class D Liquor License to be introduced at the City Council meeting on either February 13 or February 27, 2012. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor at 2:28 p.m., January 25, 2012. Respectfully Submitted, Wendy McCambridge Administrative Adjudication/Liquor Licensing Manager, Legal Department 355 of 551 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, October 22, 2012 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 FISKE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF October 8, 2012 III. ITEMS FOR CONSIDERATION (P1) Ordinance 69-O-11 Amending the Zoning Ordinance to Remove the Prohibition on Drive-Through as a Special Use on the Property Located at 2628 Gross Point Road (Chase Bank) Evanston Plan Commission and staff recommend that the City Council approve Ordinance 69-O-12 to amend the Zoning Ordinance of the Central Street Overlay District (oCSC) Subarea 6, to allow consideration of a Chase Bank drive-through as a special use only on the parcel at 2628 Gross Point Road. For Introduction (P2) Ordinance 119-O-12 Amending the approved Planned Development at 635 Chicago Avenue (Walgreens) City staff recommends the adoption of Ordinance 119-O-12, amending the Planned Development as granted in Ordinance 36-O-12 adopted May 14, 2012 by the Evanston City Council for the development of a new Walgreens at 635 Chicago Avenue. For Introduction (P3) Ordinance 120-O-12, Granting a Special Use for Northwestern University Scoreboards at 2250 Sheridan Road Zoning Board of Appeals, Sign Review and Appeals Board, and City staff recommend the adoption of Ordinance 120-O-12 granting a special use permit for scoreboards at 2250 Sheridan Road. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use for the T2 District. For Introduction 356 of 551 Planning & Development Committee Meeting Agenda Page 2 of 2 October 22, 2012 (P4) Ordinance 121-O-12, Granting a Special Use for a Type 2 Restaurant at 843 Dodge Avenue (The Famous Burrito) Zoning Board of Appeals and City staff recommend the adoption of Ordinance 121-O- 12 granting a special use permit for the operation of a Type 2 Restaurant at 843 Dodge Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use for the C1 District. The applicant plans to open The Famous Burrito, an owner-operated eat-in and takeout restaurant on the southeast corner of Dodge Avenue and Main Street. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 357 of 551 Planning & Development Committee Meeting Minutes of September 24, 2012 City Council Chambers – 7:15 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, D. Holmes, A. Rainey, D. Wilson, M. Wynne STAFF PRESENT: G. Farrar, S. Griffin, M. Klotz, B. Newman, M. Swentkofske PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 7:15 p.m. II. APPROVAL OF THE SEPTEMBER 24, 2012 MEETING MINUTES Ald. Rainey moved approval of the minutes, seconded by Ald. Wynne. The minutes of the September 24, 2012 meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (P1) Ordinance 72-O-12 Amending the Zoning Ordinance – Residential Building Height, Dormer Size and Location, Half Stories, Accessory Structure Height, and Legal Nonconformities in the R1, R2, R3, R4 and R4a Districts The Plan Commission and City staff recommend adoption of the proposed regulation changes for residential building height, dormer size and location, half stories, accessory structure height, and legal nonconformities in the R1-R4a Districts. For Introduction Chair Fiske called Zoning Planner, Melissa Klotz, to the podium. Ms. Klotz explained that the current Ordinance is sometimes too restrictive and other times too permissive regarding building height and bulk. She said the proposed Ordinance: Will not allow architects to add a third story where it is prohibited because the height requirement is currently a mean measurement; the proposed Ordinance will change the definition to a peak measurement so it will be 2.5 stories or 35’ to the peak of the structure Change the definition of “½ story” so it will apply to attic style where it is above the full second story of the home and below the slope of the roof To regulate bulk, a 3’ exterior knee wall on attic style roofs so gable or hip roofs will be allowed to have the same relative bulk size as other roofs such as gambrel or mansards roofs. Eliminates substandard lot size allowing homes on these lots to have the same height as the homes on standard size lots DRAFT – NOT APPROVED 358 of 551 Planning & Development Committee Meeting Minutes of 10-8-12 Page 2 of 10 Change dormers to half stories above the first full 2 stories of a home; dormers currently apply to all stories so they would no longer be different for sides from front facades of homes; it will be the same maximum limit of 30% to all wall lengths. To keep with conformity, the Ordinance proposes to change accessory structures to peak height rather than mean height, as currently regulated, so accessory structures will be measured in the same way as primary structures To address the non-conformities that exist regarding height, he amended Ordinance proposes that all structures that are in any federal or local historic districts, are a historic landmark, or are over 50 years old, would be grandfathered in and considered conforming structures with regards to height so if they are damaged by natural forces only, they are allowed to be rebuilt without a rebuild letter from the Zoning Administrator. Ms. Klotz asked if there were any questions. Chair Fiske thanked Ms. Klotz and asked whether the proposed amendment had gone before the Preservation Commission, to which Ms. Klotz replied that it had been discussed with the staff liaison to the Preservation Commission, who said they are in agreement with it. Ald. Wynne said she thinks it is a very good change. She said she has been on City Council long enough to have seen one similar, prior change regarding the measurement of height which is to start from the base of the 1st floor to measure height rather than including the basement. She says the proposed amendment continues in making the process logical and fair for everyone so there are not loopholes in the law that allow creative architects to create unusual structures. Ald. Rainey said she had a letter from a very creative architect that would take exception to these comments. She read a paragraph from the letter: If the Ordinance is to go forward, it should be made absolutely clear in the Ordinance that all existing properties that may be affected by the language of the Ordinance be grandfathered, not just those in the historic district. The way the Ordinance is proposed, if my house were damaged by a storm or fire, I would not be able to rebuild the roof as it is now. The Ordinance would prevent me from doing so. This would be a prejudicial Ordinance favoring those who can afford to live in the Historic District. I take exception to that prejudice. Ald. Rainey asked whether it is true that not all properties who currently exceed these dimensions, were they to be destroyed, could not be rebuilt in kind. Ms. Klotz replied that it is a little more complicated in that all those properties would be considered legal non-conforming at this point. In the case that a property were damaged and it did not meet the criteria discussed in the memo as one of the historical properties, then the property owner would have the opportunity to request a rebuild letter from the Zoning Administrator. This clause is currently in the Zoning Ordinance and it allows the Zoning Administrator to look at that property on a case by case basis. Current practice is that 359 of 551 Planning & Development Committee Meeting Minutes of 10-8-12 Page 3 of 10 the Zoning Administrator quite often grants it, but it does allow the City to look at each specific case. Ald. Rainey said she does not like this piece of the Ordinance. She said if a property exists now as a legal property and the owner had obtained permission for it from the Zoning Board years ago because of the F.A.R. issue and it is an old home on a narrow lot, she believes the Committee should absolutely insist that those homes be grandfathered in. She said she does not care whether the home is 10 years or 100 years, if it is legal, it needs to be allowed to be restored to what it is should anything happen to it. Ald. Wilson thanked Ald. Rainey, saying that was his concern as well. He said he believes that the language should be modified to allow that existing homes as of the date of the Ordinance, could be replaced at existing dimensions. Ald. Wilson moved to amend Ordinance 72-O-12 such that any home that exists legally as of the date of the passing of the Ordinance would be grandfathered in, in the event of future damage or destruction, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to amend the Ordinance. Ald. Wilson moved approval of the full Ordinance, as amended, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to recommend approval of Ordinance 72-O- 12 as amended. IV. ITEMS FOR DISCUSSION (PD1)Short-Term Home Rentals (“Vacation Rentals”) For Discussion Chair Fiske called the public who wished to speak to the podium, announcing that they will each have 3 minutes. Mark Rosati of 2509 Ashland, Evanston said he believes 2 of the 16 houses on his block are renting to transients even though they are in an R1 district. He said he believes this is an issue of safety, security and quality of life in the neighborhood and that the zoning laws are meant to encourage safety and stability. He said he and his wife would not have moved into their home if there was a hotel or B&B on their block, which is in close proximity to elementary schools. He said they encourage enforcement of the existing laws to prohibit transient rentals in R1 districts. Maureen O’Donnell of 2505 Ashland said she lives next door t o 2515 Ashland, where the owner has advertised her home and individual rooms for rental on AirB&B.com and Craigslist. Ms. O’Donnell said since the last Committee meeting, she read a story in Chicago newspapers about a man who met his roommates on Craigslist and has been arrested and charged with their double stabbing murder. She said the murderer looked 360 of 551 Planning & Development Committee Meeting Minutes of 10-8-12 Page 4 of 10 good on paper and had a graduate degree in marketing. He moved in 5 days before the bodies were found. He is also accused of using their credit cards in Las Vegas. One of the victims was a former prosecutor and City Attorney for Kankakee; precisely the kind of person one would think could suss out a problem tenant. She said she is very concerned about the use of Craigslist and AirB&B for advertising for short term tenants because short term tenants cannot be properly vetted for criminal background or for sexual predators. They have 3 schools a very short distance from the home. She urged the Committee to consider the Ordinance very carefully. She said their sense of safety is very important to them and this is damaging it. She thanked the Committee. Greg Richards of 2529 Ashland said he agrees with the comments of Mr. Rosati and Ms. O’Donnell and he thinks vacation rentals represent a safety issue and fundamentally affect the character of their neighborhood. He is against allowing that activity. David Reynolds of 204 Davis Street said the issue is a sister issue to the B&B issue. He said considering vacation rentals, it follows naturally to consider the B&B ordinance because these 2 types of uses are so similar, in fact, they are almost identical because: There is no requirement in the existing B&B Ordinance for the owner to be present when guests have rented accommodations There does not appear to be any requirement that the B&B actually serve breakfast There are no parking requirements for B&Bs except that the guests not park in the front or side yard There are no limits to the number of parties or special events that can be held There are no limits to the number of B&Bs or vacation rentals on a block or in a particular area The only real present difference is that a B&B requires a special use with final approval by the City Council Mr. Reynolds continued that the special use requirement does not seem to be much of a barrier, especially in light of the fact that the Zoning Board of Appeals denied the special use application for the B&B at 300 Church Street, but the Council approved it over their denial. He said the real issue is whether the City wants this type of commercial rental in its residential areas. He said people purchase homes or apartments in residential neighborhoods in Evanston with the expectation of living in a residential environment, not one infused with commercial uses, and while that expectation is supported by the stringent requirements for home occupations, it is eroded by allowing B&Bs or vacation rentals. He said families buy houses near other families and where they feel comfortable and secure and many families with younger children have testified against both when B&Bs were proposed and regarding vacation rentals because they do not want to live next door to a rental facility with unknown people constantly coming and going. Mr. Reynolds said Evanston wants and needs young families and that they are the health & future of Evanston, and asked why the City would want to do something that would discourage them. He said if a B&B or vacation rental can move in down the block it is a strike against Evanston. Mr. Reynolds concluded that the detriments of B&Bs and vacation rentals far outstrip the benefits, if any, and asked whether it is wise to allow 361 of 551 Planning & Development Committee Meeting Minutes of 10-8-12 Page 5 of 10 something which benefits one home owner financially at the expense of the rest of the neighborhood. He said he does not believe it makes sense. Julie Koehler announced that she and Attorney Kim Novi had emailed to the City Council members a Memorandum of Law explaining her organization’s position regarding the vacation rental Ordinance and how there are existing municipal ordinances on the books already that prohibit the renting of rooms within a home and the wholesale rental of a house for short periods of time. She said the Memorandum has several exhibits attached and she encouraged the Committee to read it and to call her or Kim Novi if they have any questions regarding the Memo of Law, which sets out their explanation as to how the codes on the books already prohibit this type of rental of a home. She explained that the City is focusing on Chapter 5, the Lodging Establishment portion of the City’s code and that is simply a red herring and a rabbit hole they do not have to go down to prohibit the type of behavior that was going on in Ald. Rainey’s ward. She explained that the rental of a home on an overnight basis is a prohibited home occupation under Chapter 2 of the City’s municipal code and it is not allowed in the absolute definition of home occupation, which prohibits any type of establishment that offers shelter or lodging: “No person can, from the confines of their home, begin to operate a business which allows for overnight guests.” She stressed that it is there in the municipal code, which can be enforced. She asked why, if someone can open an unlicensed B&B and does not offer breakfast, would anyone in this town open a B&B when they don’t have to serve breakfast if they open a vacation rental and advertise it on Craigslist or AirB&B and make money hand over fist, which these people seem to be doing. She said there is a place on her block next to the golf course that has 87 testimonials from previous renters and asked why anyone would go to a hotel in Evanston, adding that she is sure that industry does not like vacation rentals either. She asked why anyone would go to a B&B in Evanston when they can get a nice room for $50 a night next to the golf course, so, she explained, it is bad for people who are running legitimate businesses, who have worked hard to obtain the licenses they deserve, who have gotten the one B&B license that is in Evanston, or who are running a legitimate hotel. She concluded that it does not make sense and is prohibited by the existing Ordinance as explained in the Memo. She again encouraged the Committee to read it and contact her or Kim Novi if they have questions. She thanked the Committee. Jim Mullenix of 2525 Ashland said he agrees with the comments made by others, adding that Ms. Koehler is his wife. He said on page 7 of the Memo it states that certain types of businesses are outright prohibited by the statute that deals with home occupations. He said the Memo says that in R1 districts there are only certain permitted uses of which none of these apply to allow a transient hotel, a vacation rental or a B&B and there are special uses, none of which apply. Regarding home occupations, he said certain businesses are outright prohibited by the statute regardless of where they fall within the definition of a major or minor occupation because of their nature. These businesses “impair the integrity of the residential district in which they are located.” He repeated it, adding that every person that has spoken has addressed the issue that this type of business, located next to a residential homes where there are children, across the street from St. A’s grammar school, 2 blocks away from Haven and K ingsley, is 362 of 551 Planning & Development Committee Meeting Minutes of 10-8-12 Page 6 of 10 prohibited. He said this is what zoning regulations address. He concluded that he cannot think of a better way of ending their petition to the Committee than asking them to enforce the existing laws and that they do not need to make any further laws in order to address this issue; there are laws on the books as outlined in the Memorandum of Law. He beseeched the Committee to enforce those laws and prohibit this type of transient hotel in residential neighborhoods. Chair Fiske thanked all of the speakers. Chair Fiske opened the issue to Committee discussion. Ald. Rainey said she absolutely opposes the comments that there is no difference between a B&B and a vacation rental and she believes there is every difference in the world. A vacation rental is a house that has no owner present, there is no oversight, no supervision or front desk, and no breakfast provided. Renters take their own garbage out and make their own beds. There is absolutely no concierge of any kind and it is a free-for-all. She said it could be different but in Evanston, it is a free-for-all because the owner has no idea who is coming in other than whoever has signed an online registration. She said on Dobson, 8 – 12 people came with 18 cars in one night and there were keg parties. She said they are advertised as party houses. She said it depends on where they are to some extent but Evanston has not had one good experience and she does not know how the City can have any oversight of this kind of thing. She said she would be willing to consider a vacation rental for a month or 2 or 3 weeks, but not the way it is set up now. She agrees with all the testimony that the City’s current laws govern this and agrees that it is a home occupation and it needs to be enforced and is not being enforced. She said she realizes they hit a brick wall at the ZBA and that the meeting where this was discussed was the most uncomfortable, difficult, meeting she has ever attended and then an attorney took the City to court, which did not go well. She concluded that the City has not met with any success in its various efforts and she hopes the City can revisit its current laws regarding home occupation. Ald. Grover thanked Chair Fiske for letting her join the Committee to discuss the iss ue. She said it is interesting that Council has reaffirmed its interest in B&B in allowing B&Bs in Evanston but find themselves in a quandary regarding short term rentals, which have the flavor and nature of B&Bs but don’t operate the same way, mostly regarding supervision. She noted that a pertinent issue is the legality of the City’s existing ordinances. She asked Grant Farrar, Corporate Counsel, to explain how our home occupation code does not apply to a short term rental like this. Mr. Farrar said with respect to enforcement, it has become relevant in the past 3 months, so City staff tried to take an aggressive approach in enforcement and as Ald. Rainey said, there were 2 appeals, in ports of call, the ZBA and federal court. He said the federal court case is still ongoing and there was much discussion between him, opposing counsel and the court with respect to how the parties wound up in court. He said he could not comment as the case is still pending, other than to say they respectfully disagree with the Court’s interpretation and direction . He explained that 363 of 551 Planning & Development Committee Meeting Minutes of 10-8-12 Page 7 of 10 there was another issue related to the enforcement that was on a simple nuisance provision which is a very open ended provision of the Code that says issues such as noise, traffic and litter are nuisance violations. Unfortunately, the City was unable to get any traction relative to that issue as well. He said based on the energetic comments by the Council and the citizens at the last meeting, and the volume of information provided, it is important to do a comprehensive look at this issue because it would be very counterproductive to try another enforcement action that while, having every good intention and the assistance of several arguments behind it, may run into the same situation of not being received well either in a court of law or by the Zoning Board of Appeals. He concluded that since this issue has been going on for 3 or 4 months he the City has gained insight into this issue at the different locations at which it has occurred and that with more information gained, it is critical that Council give staff direction as to where they stand on this Ordinance and how far they want to take enforcement. Ald. Wynne asked Mr. Farrar what the City can and cannot do in keeping Judge Shadur’s ruling, in relation to creating an ordinance that prohibits vacation rentals. Mr. Farrar replied that in terms of the public policy issue, the legislative prerogative of the Council remains free and clear. He said they can craft an ordinance that incorporates the appropriate recitals, the appropriate case law and also looking at best practices of other municipalities, which Mr. Griffin’s department has already done. He said there is no restriction on the City’s ability to license or regulate , but he is not at liberty to talk about Judge Shadur’s comments, of which there is a transcript of the brief attached to the Memorandum of Law that was submitted by the citizen’s group. He said he was the only one there and his understanding is that Judge Shader was inclined to see a much more comprehensive set of regulations if that was the will of the Council, instead of a piecemeal enforcement of existing law. Mr. Grant said he does not think existing law touches on every single issue that is invoked by this vacation rental scheme. He concluded that in terms of enforcement, the best way to enforce is to have a good ordinance and that is what staff is prepared to prepare with the Council’s direction and the comments of the citizens. Ald. Wynne said she would be in favor of such an ordinance and that, because of the district court’s ruling, we need to move forward with speed to craft and ordinance that prohibits vacation rentals and determine a time period, as Ald. Rainey has suggested, if we do want to have a time period. She said also that she thinks the arguments are all on point with the difficulties of B&Bs because the neighbors do not know whether they are going to have a B&B, a commercial establishment or a vacation rental next door to them. She said B&B operators do not screen people or necessarily have to be present when a guest comes, they don’t have to serve breakfast and guests can stay a single night and the people who live on the street have no idea who is coming and going. So she believes it is precisely the same problem, it just has a different label. Ald. Wilson asked that an analysis be prepared as to the legality of a ban on vacation rentals just to ensure that the appropriate research has been done to ensure that they don’t try to pass something they cannot pass. He said he thinks vacation rentals are different than B&Bs and he absolutely would not want this ordinance to include B&Bs. 364 of 551 Planning & Development Committee Meeting Minutes of 10-8-12 Page 8 of 10 He believes it has been made clear what the issue is and that there is a gap in what the City can enforce relating to property so it would be appropriate to fill that gap. He suggested that staff do the research as to what is enforceable and draft a legal, enforceable ordinance for the Committee’s review. Ald. Grover said she heartened to get the sense from the Committee that there is a real interest in banning these short term rentals and not just regulating them. She said they would rely on Mr. Farrar to help determine what the most effective enforcement mechanism would be and whether it would be through zoning or through business regulation. Ald. Rainey suggested to Ald. Grover that it is not a good idea to make any statement regarding banning short term rentals or vacation rentals until we find out the legalities of it. Chair Fiske said she too has been struck by the comparisons between B&Bs and vacation rentals. She said to her understanding of B&Bs, on occasion the property owner may or may not be present, that there are facilities including a microwave in the room should someone want to prepare their own breakfast, that they certainly know who is coming because they register on AirB&B or on Craigslist. She thinks Ald. Wynne is absolutely correct in that while we may not want to call this a B&B. The only difference she can see is that this is unlicensed. She said she understands the concerns of neighbors who have had to deal with the B&B issue over many months, as Ald. Wynne said, of unknown people coming into the neighborhood on a short term basis and the general disruption of the neighborhood and that people do not want to move in and live next door to commercial establishments. She hopes the Committee will consider having a side by side discussion of the B&B ordinance and the vacation rental ordinance. Ald. Rainey said she disagrees that B&Bs and vacation rentals are similar. In a vacation rental, the tenant has absolute control of the property while they’re there including the basement, the back yard, the front yard, the curb and the entire house; not a microwave in a bedroom and they can have anyone there they choose at any time of the day or night; there is no supervision whatsoever. She said if she were to pay $250 or $300 a night for a B&B and there was no supervision, it was not clean and tidy and there is no breakfast served, she will go on Yelp and blast them as will every other guest there, so there is a big difference between a B&B as we know it. She said some have been allowed to go unregulated and unlicensed and it is the fault of some Committee members because the people running vacation rentals are their friends. She asked why the one where the person lives in the house and is renting rooms has not been considered a rooming house, adding that the City has a rooming house license and she is sure we would be hearing from Ald. Fiske if it was not being enforced. She noted that the City regulates rooming houses and this sounds like a classic rooming house so she asked why this is that not a simple case and why it is being considered a vacation rental. Chair Fiske answered that in her ward they do have some licensed rooming houses that are very well run but they’re licensed. Ald. Rainey asked why this one is not subject to the same license. Ald. Fiske asked, “W hat if this lady applied for a B&B license?” Ald. Rainey said it sounds like a rooming house but Ald. Fiske said, it does 365 of 551 Planning & Development Committee Meeting Minutes of 10-8-12 Page 9 of 10 not sound like the neighbors would encourage this woman to take the extra step of applying for a B&B. Ald. Rainey replied that the City does not know what is going on there and it needs to be investigated. She said the vacation rental on her block is supposedly rented to 1 or 2 families but in this case we know it is being rented out by the room. She said she would like to hear from staff what they have done to inquire about this operation because it appears to be a rooming house and if it is, the City should enforce the licensing requirement properly. Steve Griffin, Director of the Community & Economic Development Department, said that is what the City tried to do and that is what the City got struck down with. He said Grant could explain this in more detail. He said in the Dobson case, they were cited with violations. Ald. Rainey clarified that she was referring to the one at 2515 Ashland where the lady lives in the house and rents out rooms, which is very different than is what is happening on Dobson. She asked if staff could look into it and demand that she apply for a license or cease to exist. Mr. Griffin agreed to do that, but noted that the discussion at hand is whether the Committee wants staff to explore the combination of zoning and licensing as a way to deal with this issue and to ensure that the City is doing it in a legal, enforceable way. Ald. Rainey said she would like to separate this particular house to determine whether or not it is a rooming house. Ald. Holmes said she is concerned that the City is going to do it piecemeal and do it one house at a time and she does not feel that is the way to go. She feels that they need to look at the different situations that are occurring in Evanston in the last year including the B&Bs and the short term vacation rentals which sometimes can be renting a house and sometimes renting a room in a house. She said the City needs to approach all of the situations at once. She said she sympathizes with the people on Ashland but she does believe a law should be created to deal with one situation; we must craft an enforceable law that can cover all of the issues at hand. Ald. Wilson moved that staff prepare research regarding what the City can and cannot do banning or restricting the uses and report with a proposed ordinance if banning them is legal, but with an accompanying memorandum that tells us what we can and cannot do. Ald. Grover amended the motion and asked that an ordinance be drafted to include an analysis of our rooming house ordinance and boarding houses and how those do not already apply. The motion was seconded by Ald. Grover. Ald. Wilson agreed that that was necessary to figure out what the gap is that needs to be closed. The Committee voted unanimously to have staff draft an ordinance and include their research as to the City’s ability to ban vacation rentals and an analysis of existing laws regarding boarding houses and rooming houses. 366 of 551 Planning & Development Committee Meeting Minutes of 10-8-12 Page 10 of 10 V. COMMUNICATIONS VI. ADJOURNMENT The meeting was adjourned at 8:06 p.m. Respectfully submitted, Bobbie Newman 367 of 551 For City Council meeting of October 22, 2012 Item P1 Ordinance 69-O-12: Zoning Ordinance Amendment Removing Drive-Through Prohibition at 2628 Central Street For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Dennis Marino, Manager, Planning & Zoning Craig Sklenar, General Planner, Planning and Zoning Subject: Ordinance 69-O-12 Zoning Text Amendment to Remove the Prohibition on Drive-Through as a Special Use on the Property Located at 2628 Gross Point Road Date: October 8, 2012 Recommendation Evanston Plan Commission and staff recommend that the City Council approve Ordinance 69-O-12 to amend the Zoning Ordinance of the Central Street Overlay District (oCSC) Subarea 6, to allow consideration of a drive-through as a special use only on the parcel at 2628 Gross Point Road. Summary Edgemark Development LLC has applied for a text amendment so that they may build a 4,200 square foot Chase Bank that includes two drive-through lanes, an ATM Drive lane and 17 parking spaces. A text amendment is needed to remove the prohibition of drive- throughs as a special use on the property located at 2628 Gross Point Road. This case was presented to the Planning and Development Committee on July 23, 2012 and was sent back by the Committee to City staff to work with the developer to provide an alternative plan. City staff worked with Edgemark to substantially reduce the development so that the bank and drive-through fit on the former gas station site. Additionally Edgemark has proposed to donate the R2 residential lot to the City, 56% will be developed and maintained as a green space and a municipal parking lot will be developed on the remaining 44% of the lot. This municipal lot will be leased to the developer for daytime use by the bank when the bank is open and will be available for neighborhood parking when the bank is not open. The Developer will build and maintain both the parking lot and green space. By not rezoning the R2 lot, concerns brought forth by the neighborhood concerning the future use in a B1a as of right are no longer applicable. Memorandum 368 of 551 Page 2 Edgemark has agreed to purchase the property at 2635 Crawford Avenue and donate the land to the City of Evanston. Edgemark will develop on this parcel of land a parking lot for use during banking hours and open as a public parking lot when the bank is closed. The remaining land will be improved with new open space that may feature areas for use by the neighborhood, creating a 6,989 square foot buffer between the residential properties and the commercial zones fronting along Gross Point Road. Edgemark has proposed to lease back the space dedicated to the parking at a rate that is comparable to the cost of property taxes for the parcel. Edgemark has proposed to lease the alley from the City of Evanston with conditions to improve the entire alley and ensure neighbors that abut the alley retain access. City staff recommended in a memo for the October 26, 2011 meeting of the Zoning Committee that the Commission consider the creation of a new subarea for the oCSC Zone. Subarea 6a would comprise the Applicant’s property only (see attached map). This new subarea would limit drive-throughs as a special use and only for this area of the district. City staff recommend at this time to only amend Subarea 6 that would permit the consideration of a drive-through as a special use on only the parcel at 2628 Gross Point, so that Edgemark may proceed with a special use application for the drive- through that will be heard by the Zoning Board of Appeals to issue a recommendation to the Planning and Development Committee and City Council for consideration. Background The Applicant has participated in two noticed neighborhood meetings concerning this project. The first occurred on October 13, 2011. Neighbors were presented a plan by the Applicant that showed a 4,200 square foot bank structure with 28 parking spaces provided and a four lane drive-through facility on the proposed site. A revised plan was presented at the December 7, 2011 neighborhood meeting that retained the bank structure size, the same amount of parking, but reduced the drive-through facility from four lanes to three. After the Applicant’s appearance at the Zoning Committee for the Plan Commission, they were scheduled to appear in front of the Plan Commission for deliberation on both the text and map amendment. The Applicant requested continuances from the November 9, December 14, 2011; February 08; and March 14, 2012 meetings of the Plan Commission so that it could meet with its client to discuss the proposal further and develop a two parcel strategy. The Applicant appeared in front of the Plan Commission April 12, May 09 and June 20, 2012 for the hearing concerning the map and text amendment. Citizen comment and rebuttal was also provided at this time. Legislative History 10/13/11 – Applicant presented to the Zoning Committee of the Plan Commission. The proposed zoning changes were recommended for discussion at the Plan Commission 11/09/11, 12/14/11, 02/08/12, and 03/14/12 – Applicant Requested a continuance from Plan Commission hearing to consult with their client about an alternative development 369 of 551 Page 3 04/11/12 – Plan Commission began testimony concerning the text and map amendment. Residents within 500’ of the proposed changes requested a 30 day continuance. 05/09/12 – Residents asked for an additional 30 day continuance due to improper mailed notification – continuance granted 06/20/12 – Plan Commission provided a favorable recommendation to City Council to rezone 2635 Crawford Ave. from R2 to B1a, and to amend the Zoning Ordinance to create Subarea 6a in the Central Street Overlay District (oCSC) 07/23/12 – Planning and Development Committee voted 4-0 to remove the case from the agenda and directed the Applicant to provide an alternative plan. Attachments Revised Proposed Ordinance 69-O-12 Site Plan of Proposed Changes Minutes from the November 09, 2011; December 14, 2011; February 08, 2012; March 14, 2012; April 12, 2012; May 09, 2012; and June 20, 2012 Plan Commission Meetings Minutes from the July 23, 2012 Planning and Development Committee Plan Commission Packets Detailed Packet information can be found at the following links: April 11, 2012 Hearing May 09, 2012 Hearing June 20, 2012 Hearing 370 of 551 10/10/2012 69-O-12 AN ORDINANCE Amending Subsection 6-15-14-6 of the Zoning Ordinance, “Prohibited Uses” in the oCSC Central Street Corridor Overlay District WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, 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, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 1979, as amended, (“the Zoning Ordinance”); and 371 of 551 69-O-12 ~2~ WHEREAS, on October 26, November 9, and December 14, 2011, and February 8, March 14, April 11, May 9, and June 20, 2012, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 11PLND-0081, to consider amendments to the text of Title 6 of the Zoning Ordinance, specifically to Section 6-15- 14, “oCSC Central Street Corridor Overlay District”; and WHEREAS, the Plan Commission received testimony and made written findings pursuant to Subsection 6-3-4-5 of the Zoning Ordinance that the proposed amendment met the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meetings of July 23 and October 22, 2012, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 11PLND-0081 and recommended City Council approval thereof; and WHEREAS, at its meetings of July 23, October 22, and November 12, 2012, the City Council considered and adopted the records and recommendations of the Plan Commission and Planning and Development Committee; and WHEREAS, it is well-settled law that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 372 of 551 69-O-12 ~3~ SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: Subsection 6-15-14-6 of the Zoning Ordinance is hereby amended to read as follows: 6-15-14-6: PROHIBITED USES: Uses shown in Table 2 shall be prohibited in the indicated sub-area. This prohibition supersedes any permitted uses identified in the base zoning district. Table 2: PROHIBITED USES Sub-area Prohibited Uses 1 2 3 Drive-through facility. 4 Drive-through facility. 5 Drive-through facility. 6 Drive-through facility except at 2628 Gross Point Road. 7 Drive-through facility. SECTION 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 provision or invalid application of this ordinance is severable. 373 of 551 69-O-12 ~4~ 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:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 374 of 551 P a rk ing Area = 5 ,513 sf (44%)La ndscap e Area = 6 ,989 sf (56%) C R A WF O R D A V E N U E 15" 36" 15" 10" 15" 8" 18" 10" 15" 10" 15" 10" 2 15 V A T AT MV AT V A T AT MR O O MAT M BL D #7 36"x60" BL D #636"x60" BBF L F C C R #4 C C R #1 C C R #2 C C R #5 B C M36"SSB1 A H D RC V R P KG VIDE O TE L L ERMICRZ O N E C O MF O RT DESK C HEC K ONLYONLYN. GROSS P OIN T RD.WOOD2 1/2 STORY B UIL DI N GGARAGE1 STORY20.27 20.29 F/F ELEV.=637.691.10 19.45 1.10 21.73 FRAME BUILDING69.98 69.93 F/F EL E V.=640.17#263725 .00 2 4 .9 5 6 FT. WO O D FE N CE CONC. PATIO 1522.3522.2630.608.358.3530.999 7ELECTRIC MTEREL E C. MET E R EL E C. MET E R 15" 36" 15" 10" 15" 8" 18" 10" 15" 10" 15" 10" BC=637.23 BC=637.25 BC=637.37BC=637.19BC=636.96 BC=637.85 BC=637.98 BC=637 .55 BC=636 .90 BC=636 .31 B C = 6 3 5 .6 2 BC=636.92 G=636.52 G=636.86 G=637.29 G=637.56 G=637 .40 G=636 .71 G= 6 3 5 .2 9 G=636.58 G=637.67 G=637.25P=637.63P=637.71P = 6 3 7 .8 3 P=637.44P = 6 3 7 .7 5 P=637.23P=636.29 P=637.13P =637.08 P=634.42 P=634.58 P=634.87 P=634.81 P=635.00 P=634.95 P=634.59 P=634.68 P=636. 4 0 P=634.73 P =637.21 C= 6 3 8 .2 5C= 6 3 8.3 9C= 6 3 8 . 1 4 C=635.31 C=6 3 7.9 0 C=6 3 7.4 8C=637.77C=637.20 C=636 .54 C=639.01 C=639.71C=639.07C=639.00C=639.25C=639.27 C=639.45C=639.80 C=63 9 .47 C =639.82C=639.47C= 639 .5 0C=639.41C=639.39 C=639.39 C=639.42 C=639.25C=639.82C=639.64C=639.06C=639.72C=639.76 C=639.42 C=6 3 9. 9 7 C = 6 3 9.8 2 C =639.63C=639.40 C=639.40 C=639.44 C=639.87 C=639.69 C=639.46C=635.03 C=635.16 C=635.28 C=635.32 C=6 34 .87C=635.34 C=635.29C=63 7 .32C=63 7 .24C=637.34 C=637.43 C=63 7 .37 C=63 7 .35C=63 7 .80C=63 7 .77C=637.70C=63 7 .74C=637.77C=637.73C=63 7 .69C=63 7 .70 B=63 7 .36 B=637.39B=63 7 .56 B=637.54 TW=640.19TW=6 4 0 . 2 2TW=640.14T W= 640.33 C R A WF O R D A V E. 0.01 BL D G. 0.10 NE BL D G. 4.78S WBL D G. 0.1 NE634.5634.6 634.9 634.8634.5 P=634.45 P=634.63 P = 6 3 9 . 7 3 P = 63 9.68 P =6 3 9 . 8 1P=639.8063 9.7P=639.73P=639.29P=639.42 P=639.53P=639.46 P=639.28 P=639.18P=638.90P=639.12 P=639.56 C =639.37P=637.66 P=637.12 P=638.53 635.3 635.2 635.1 635.1635.0 635.9 636.1 635.3 636.6 636.2 636.9 637.3 637.8 637.4 636.7 637.2 637.3 637.6637.5636.0 635.2 635.9 636.0 636.7636.8637.2 637.2 637.6 637.5 637.4 637.7 637.9 637.1 636.8 636.3 635.2 634.9 634.1 634.5 634.6 635.2 633.9 634.6 636.7 635.8 635.0 635.1 634.8 634.4 635.6 635.7 635635635 635 634 636636 6366366376376 3 7 637639E X R ES T AUR ANT EXISTING GARAGE EXISTING HOUSE EXISTINGDRIVEWAY91.75’ 25’ 61.5’ 25’ ALL E Y 16’ (5,495 SF) OPEN SPACE 6’ ENCLOSURE TRASH 106.92’99.24’ 49.5 ’ 142.5 ’ 6.3’ 375 of 551 NO.DATE DESCRIPTIONPROJECT:JOB NO. Associates, Inc. Cross Engineering & Tel: 847/498-0800 Northbrook, IL 60062 1955 Raymond Drive, Suite 119 2012ªCROSS ENGINEERING & ASSOCIATES, INC. PREPARED FOR:C R A WF O R D A V E N U E GROSS P OIN T ROAD17 C A RS ONLYC H ASE B A N K 3 14 +/- 3,80 0 SF N. GROSS P OIN T RD. CLUMP 15" 36" 15" 10" 15" 24" 8" 18" 10" 15" 10" 15" 15" 15" 18" 10" 10" 10" C R A WF O R D A V E. HILLSIDE RD. SP-1 0’40’80’CHASE BANK EVANSTONEVANSTONCRAWFORD AVE AND GROSS POINT RDNUDELL ARCHITECTS1 7/30/12 DATE ISSUED 1124 N Tel: (312) 558 1144Chicago, Illinois 60601307 N. Michigan Avenue #818E X R ES T AUR ANT EXISTING GARAGE EXISTING HOUSE EXISTINGDRIVEWAY80’ 35’ 61.5’ 25’ 27.5’ 32’22’ ALL E Y 16’ 44.5 ’ (6,035 SF) OPEN SPACE 10’ 2 8/8/12 Per City Comments ENCLOSURE TRASH 106.92’99.24’ 145.53’ 10.04’ 376 of 551 APPROVED Planning & Development Committee Meeting Minutes of July 23, 2012 City Council Chambers – 7:15 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, D. Holmes, A. Rainey, D. Wilson MEMBERS ABSENT: M. Wynne STAFF PRESENT: G. Chen, R. Eddington, G. Farrar, S. Griffin, Ald. Grover, M. Lyons, D. Marino, B. Newman, Ald. Tendam PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 7:19 p.m. II. APPROVAL OF THE JULY 9, 2012 MEETING MINUTES Ald. Wilson moved approval of the minutes, seconded by Ald. Rainey. The minutes of the June 11, 2012 meeting were approved unanimously 4-0. III. ITEMS FOR CONSIDERATION (P1) Ordinance 69-O-12 Amending Portions of the Zoning Ordinance, “oCSC Central Street Corridor Overlay District” Evanston Plan Commission and staff recommend that the City Council approve Ordinance 69-O-12 that would amend the Zoning Ordinance to create Sub-area 6a of the Central Street Overlay District (oCSC) that would allow consideration of a drive-through as a special use along Gross Point Road. For Introduction (P2) Ordinance 70-O-12 Amending the Zoning Map to Re-Zone Certain Properties 2635 Crawford Avenue, Evanston Plan Commission and staff recommend approval of Ordinance 70-O-12 to rezone a vacant lot at 2635 Crawford Avenue from an R2 Single Family Residential Zone to a B1a Business District Zone. Adoption requires a favorable vote of three-fourths (3/4) of all the Aldermen elected to the City Council. For Introduction Chair Fiske called Dennis Marino, Manager, Planning & Zoning Division, to present a staff report before calling the public who wished to speak on items P1 and P2: Mr. Marino explained that items P1 and P2 relate to the development of an abandoned gas station site that has been vacant for over 3 years and that staff has been trying to revitalize. He said that Edgemark Development has proposed a Chase Bank with drive through at the site, including vacation of the alley. He said the Plan Commission began hearings in late spring and recommends approval of the creation of sub-area 6a and the rezoning of 2635 Crawford as proposed in Ordinances 69-O-12 and 70-O-12 377 of 551 Planning & Development Committee Meeting Minutes of 7-23-12 Page 2 of 6 respectively. Mr. Marino explained that if Council approved the proposed ordinances, the developer would need to apply for a special use permit for the drive-through, to be heard by the Zoning Board of Appeals (ZBA), who would make a recommendation to the Planning & Development Committee. Chair Fiske called the public who wished to speak to the podium: Megan Lutz of 2637 Crawford, said she moved there 16 years ago assuming the adjacent lot would remain residential. She said the proposal allows for a 24 hour drive- through within 10’ of their home, which is only 3.6’ from the property line, and would jump across the alley. She said the property is only blighted because the development demolished the home that was on it and put it on the market for $700,000. She said it has never been on the market for a price that would be appropriate for an R2 (residential) district. She said Ald. Tendam supports the development so far because, he has told her, the developer will give money for sidewalks at Lovelace Park. She said she has obtained the signatures of all the property owners within 500’ of the project, and that almost all of them oppose it. She said it will have a negative impact on property values and that 2 of the Plan Commissioners had problems with it. She noted that Plan Commission member Seth Friedman asked her to put on the record that it does not meet 3 of the 4 standards required for re-zoning. She noted that the only re-zoned property in Evanston was Walgreens at Main and Dodge and added that the developer has had several offers for the gas station site, but they want to put 3 drive-through lanes on the property. She said there are other options in the Central Street area and they need to preserve the character of the neighborhood. Several residents of the neighborhood were present who stood to show they opposed the proposal. Christine Sammel of 3614 Hillside since 1979, said she is opposed to the development because 1) there are other numerous other uses for the corner lot as it stands; 2) the bank can fit on the corner lot; 3) the 2007 Central St. Master Plan, which is only 5 years old, used the alley as a buffer between the business and residential districts; 4) rezoning such as this would set a precedent and has only been done once in 20 years; 5) once the property is rezoned for business, it will never get back to residential zoning, so there should be an overwhelming reason to do so. She asked the Committee to deny the proposed ordinances. Joshua Huppert of 2630 Crawford, directly across form 2635 Crawford, the proposed site explained that Roseman Tractor applied for re-zoning for a parking lot, saying that they would have to move if it weren’t allowed. They did not get permission and did not move until 30 years later. He re-iterated that the gas station site is vacant because the developer has turned down offers. He said they could be starting a precedent of developers buying R2 lots and keeping them vacant. He asked the Committee to keep the law the way it is. Carl Bova of 1322 Rosalie Street, asked whether the City needs to change zoning for a new bank and what value it would bring to the neighborhood. He suggested building a bank that conforms to the Central Street Master Plan. He noted that changing the zoning designation will encroach upon the R1 district. He said traffic volume for the bank suggests that an isolated lane is not necessary. He said the attached drive- through at the 1st Bank and Trust takes up less space and seems sufficient. He noted 378 of 551 Planning & Development Committee Meeting Minutes of 7-23-12 Page 3 of 6 that the Central Street Master Plan was put in place looking forward and it reflects the character of the neighborhood. Alison Cook of 2721 Thayer Court, said she lives up the street from the proposed development and she objects to the encroachment on the residents. She said drive- throughs are prohibited because they don’t want them. Fernando Ferrer of 2636 Crawford, directly across from the vacant R2 lot, said he is against the proposal because it is dangerous for the pedestrians and children in the area. He said it will make it extremely difficult for him to back into Crawford, which is already difficult, with the increase in traffic and a 24 hour drive-through. He added that Edgemark has neglected the gas station site as there are broken bottles, old leaves and overgrown grass. He said they are playing with the neighbors to make money. Aaron Noffsinger of 3501 Hillside Drive, said his biggest concern is safety for the residents. He said there are currently 20 children under 8 years old, including 2 and 4 year olds living in the immediate area and the increase of 450 cars per day turning into the bank, will increase the opportunities for accidents to occur. He said using 2 lots for the development does not fit in with the character of the neighborhood and that the current proposal is not safe. He asked that the Committee come to an agreement with the people of the neighborhood on how to make the development safe. He added that the drive-through as proposed will be 5’ away from peoples’ dining room windows. He noted that Chase has many commercials advertising that their customers can do their banking online and believes the drive-throughs will be obsolete within 5 years so he does not believe it is necessary to re-zone to allow them. Scott Borstein, on behalf of the applicant, clarified that the proposed text amendment would remove the prohibition of drive-throughs for this overlay and that this drive- through would have to be approved by the ZBA and that the proposed map amendment seeks to change an R2 to B1A district. He noted that the Plan Commission met on 4/11/12, 5/9/12 and 6/20/12 and that all findings that supported the project are in the minutes of those meetings. He argued the reason there has been only one re-zoning in Evanston is because there has been only one applicant and not because the City does not like to re-zone. Richard Sapkin of Edgemark Development thanked the Committee for their consideration. He said he spent a great deal of time working with staff and reduced the proposal from 3 parcels to 2 at their request. He explained that there are 2 types of obsolescence that occur in real estate: economic and physical and this property is physically obsolete as it is difficult to develop another gas station on it. The lot is 11,000 square feet, which is a difficult size and shape to develop. He said the proposed development is viable and meets all the codes and criteria for the City and he believes it will benefit the neighbors. He said the site was purchased with the intension of re- developing the site. He presented plans showing the current gas station site explaining how it is oddly configured and explained that he has worked with site plan designs and that based on input by the neighbors, they made the bank smaller and moved it away from the neighbor’s house, obtaining a 15’ separation. He said he is working to meet the requests of the neighbors. He presented elevations of the proposed bank and the changes they have made. He said all traffic and safety issues will be addressed. Since 379 of 551 Planning & Development Committee Meeting Minutes of 7-23-12 Page 4 of 6 the last hearing, where neighbors made comments about the distance between their homes and the development, they are constantly evolving their plan to meet the requests of staff and the neighbors. He believes the site becomes safer with the development. Larry Okrent of Okrent Associates, showed the site proposed for re-zoning. He said the unique condition is that the longest dimension is 175’ which adjoins a B1 district. The shortest dimension, 50‘, is on Crawford and the configuration suggests the deepening of the lots. Showing the zoning map, he illustrated that the B1 district is surrounded by existing residential districts R2 on the west and that the site departs from grid iron plan. He noted that neighborhood retail districts are surrounded by neighborhoods throughout Evanston and the issue is how to regulate the relationships, saying that the zoning ordinance addresses the issue of business separation where a rear yard of a B district adjoins the rear yard of a residential district when the parking is 20’ away from the boundary. The ordinance has decided that a reasonable degree of separation is decided by these setbacks. He argued that substantial separation is achievable but they could make even more and achieve the separation desired. Luay Abooma, KLOA traffic engineer, noted that the traffic study showed that the bank would generate 600 trips per day: 300 in and 300 out. Some would be going in from existing traffic, adding only 50% to the current street system. Compared to the gas station, the bank generates half the traffic the gas station did: approximately 1,300 trips daily. The traffic index at the triangle intersection determined the increase would be low: less than a 1-second delay. He said the proposed site plan is an enhancement over the previous one with multiple access points, as this plan calls for one access point on Crawford and one on Gross Point. He studied the design and locations of the access drives and found them to be appropriate with no impact on the neighbors and that cars will be readily able to turn onto and out of Crawford. He added that none of the intersections were in the top 10 accident locations. His analysis indicated a low impact use that does not generate peak hour traffic and is an improvement over what was there before. Mary Lindburger, Appraiser, said her analysis showed that the bank would have no negative impact on property values. Chair Fiske asked why they did not believe there would be no impact on the house next door. Ms. Lindburger summarized that the property is in a mixed use area that already includes several commercial and residential properties. She said it is a very stable area; homes are rarely offered for sale, and when they are, they sell. She does not see a negative impact. She said they are proposing to change a situation where they are removing what the City has deemed blighted and has attracted debris, and replacing it with something modern and clean. To address the question of whether the fact that the property owner will be next to a business where she was not before will negatively impact her property value, she looked at the townhomes immediately adjoining the Walgreens at Dodge and Main where the lot was rezoned and adjoined to a drive- through and compared these to homes in the same development but further north. 924 Dodge, which is immediately north of the drive-through, was sold in 2007, and sold 380 of 551 Planning & Development Committee Meeting Minutes of 7-23-12 Page 5 of 6 again with an increase of 10.6% in value. Other townhomes in the development that were not in as close proximity had sold at 11.8% and 12.5% increases in value. There is not an exact match of sales periods. One sold in 2006, one in 2003 and one in 2007. She said the data showed that there is no significant decline in value because of proximity to a drive-through. Ald. Tendam said he is interested in hearing the discussion regarding the map amendment and asked Chair Fiske to advise whether it should be discussed at the committee level. Chair Fiske opened the discussion to the Committee. Ald. Wilson asked staff whether a new gas station could be placed on the site. Mr. Marino responded that a gas station is permitted by the overlay. Ald. Holmes noted that the bank without a drive through would not require a special use. Chair Fiske asked why service stations are not in the special use category since they have drive-throughs. Mr. Marino explained that a service station by definition is not a drive-through and that the overlay as it exists allows for a gas station. Chair Fiske mentioned that there are several bank drive-throughs in Evanston that are smaller than the proposed footprint and believes this one could be done on a smaller footprint. Regarding the separation of the districts, she said that in her ward alleys are very important. Businesses uses are across the alley from residences and co-exist well as long as the alley stays. She said she is very sensitive to the issue of removing alleys which preserve residential neighborhoods and she is impressed with how many people have turned out, not only in this instance, but in past years. She added that she is not convinced that the lot next door will not be de-valued by not having any natural boundary between it and the adjacent business and she would not support it. She asked that the developer re-think the design and do something smaller. Ald. Holmes said she believes P2 is the bigger issue. Ald. Rainey agreed. She said when an issue is based on changing an R district to a B district she gets cautious and concerned. Any use that requires a text amendment, a map amendment, an alley vacation and a trip to the ZBA, we’ve got the wrong location. She said she could never support it and that it also seems that every person within 500’ is opposed. She would support the bank on the Citgo lot, which seems reasonable and that is as far as she could go. She noted that the developer is saying they are not getting a drive-through, just a text amendment that would allow a special use, but ZBA will make an approval for a drive-through but it will be modified to be safe and they will add landscaping, etc. She asked the developer to ask the bank what would happen if the ZBA said they can’t have a drive-through. She said she is opposed to the way it is being presented and asked whether the developer purchased the property with no conditions, or was it dependent on receiving a map amendment and alley vacation. The developer, Richard Sapkin responded that they purchased the property outright. Chair Fiske asked staff whether a plan to replace a house is required when a property purchaser applies to demolish one. Mr. Griffin responded that approximately 4 or 5 years ago a law was passed allowing for the tear down of a house in exchange for an affordable housing fund contribution. Chair Fiske said a number of things about this 381 of 551 Planning & Development Committee Meeting Minutes of 7-23-12 Page 6 of 6 case are problematic and wondered how it came to be when the community just went through the Central Street planning process, which took a long time, ending up with something they hoped they could rely on. She expects that they did not think they would have to fight this battle a few years later. She concluded that it seems that the developer could do something that could be acceptable to the neighbors. Ald. Rainey moved to send the item back to staff, remove from the agenda and ask the developer to come back with an alternate plan, seconded by Ald. Holmes. The Committee voted unanimously 4-0 to remove P1 and P2 from the agenda. IV. ITEMS FOR DISCUSSION (PD1) Rental Unit Licensing Committee’s Recommendation for Consideration to Amend Title 5, Chapter 8 of the City Code to Require the Licensing of Rental Dwelling Units Staff recommends that the Planning and Development Committee consider and discuss the recommendations of the Rental Unit Licensing Committee. For Discussion Ald. Wilson moved that the Committee accept the report, seconded by Ald. Holmes. Ald. Rainey noted that there had been a complaint by Mr. Handler that not everyone had been notified, as had been promised by the City, that the discussion was on the agenda. She said she did not know whether the proper notification had been sent. Chair Fiske said the proper notification will be sent and the item for discussion will be on the next agenda. She asked the speakers who wished to speak to come to the next meeting or send the Committee their comments in writing, if they were unable to attend. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT The meeting was adjourned at 8:30 p.m. Respectfully submitted, Bobbie Newman 382 of 551 APPROVED Page 1 of 2 Evanston Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, November 09, 2011 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Richard Shure, Seth Freeman, Patricia Ledesma, Barbara Putta, Lenny Asaro, Stuart Opdycke (Assoc.) Members Absent: David Galloway (Vice Chair), Kwesi Steele Staff Present: Craig Sklenar, Michelle Masoncup Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:02P.M. 2. APPROVAL OF OCTOBER 12, 2011 MEETING MINUTES Commissioner Ledesma motioned for approval of the August 10 meeting minutes Commissioner Shure Seconded the motion. A voice vote was taken and the minutes were approved as written. 1. ZONING TEXT AMENDMENT 11PLND-0081 2. ZONING MAP AMENDMENT 11PLND-0076 Edgemark Development, LLC requested that items 1 and 2 of the Agenda be continued to the December 14, 2011 meeting of the Plan Commission Commissioner Freeman motioned to continue items 1 and 2 to the December 14, 2011 meeting of the Plan Commission Commissioner Peters Seconded the Motion. A voice vote was taken and the motion was approved unanimously. 3. WEST EVANSTON PROPROSED DEVELOPMENT PRESENTATION The Commission heard a presentation from Brinshore Development concerning the project at 1600 Foster Street. This project is a 32 unit mixed income housing development located within the West Evanston Zoning Overlay District. This project is Phase 2 of the Neighborhood Stabilization Program 2 (NSP2). The presentation outlined the types of units, styles and the overall development plan proposed. 383 of 551 APPROVED Page 2 of 2 Evanston Plan Commission Minutes Citizen comment concerning the development was received at this time. Pursuant to the requirements of the West Evanston Zoning Overlay, Brinshore only needed to present the proposed plan to the Commission and provide an opportunity for public comment. No action from the Commission was taken concerning this project. A video recording of this meeting is available on the city’s website. http://www.cityofevanston.org/government/agendas-minutes/agenda-minutes---plan- commission/index.php 4. RULES OF THE PLAN COMMISSION UPDATE Craig Sklenar, General Planner, presented the proposed changes to the rules to the Plan Commission. The changes were in accordance to comments collected at the November meeting of the Plan Commission. Additional changes were requested by the commission and will be reviewed by City staff and presented at the December 14, 2011 meeting of the Plan Commission. 5. COMMITTEE REPORTS None 6. ADJOURNMENT Commissioner Shure motioned for adjournment Commissioner Ledesma Seconded the motion. Meeting Adjourned at 9:17 PM The next meeting of the Plan Commission will be Wednesday, December 14, 2011 at 7:00 P.M., Evanston Civic Center, 2100 Ridge Avenue, Council Chambers. Respectfully Submitted, Craig D. Sklenar, AICP General Planner, Community and Economic Development Department 384 of 551 DRAFT – NOT APPROVED Page 1 of 2 Evanston Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, December 14, 2011 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Richard Shure, Seth Freeman, Patricia Ledesma, Barbara Putta, Kwesi Steele Members Absent: David Galloway (Vice Chair), Lenny Asaro, Stuart Opdycke (Assoc.) Staff Present: Craig Sklenar, Dennis Marino Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:02P.M. 2. APPROVAL OF NOVEMBER 09, 2011 MEETING MINUTES Commissioner Putta motioned for approval of the November 9 meeting minutes Commissioner Freeman Seconded the motion. A voice vote was taken and the minutes were approved as written. 3. ZONING TEXT AMENDMENT 11PLND-0081 Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive-through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. 4. ZONING MAP AMENDMENT 11PLND-0076 A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove two parcels from the R2 Single Family Residential Zone and place them within the B1a Business zoning district for the purpose of commercial/retail use. Edgemark Development, LLC requested that items 3 and 4 of the Agenda be continued to the February 08, 2012 meeting of the Plan Commission Commissioner Ledesma motioned to continue items 3 and 4 to the February 08, 2012 meeting of the Plan Commission Commissioner Putta Seconded the Motion. A voice vote was taken and the motion was approved unanimously. 385 of 551 DRAFT – NOT APPROVED Page 2 of 2 Evanston Plan Commission Minutes 5. 2012 PLAN COMMISSION MEETING DATES Craig Sklenar, General Planner, presented the proposed dates for the 2012 Calendar Year for the Plan Commission to convene. Chairman Peters requested that the January meeting e moved from January 12 to January 18 due to a work conflict. A voice vote was taken and the Commission unanimously approved the meeting dates for 2012, with the requested change in date for the January meeting. 6. COMMITTEE REPORTS Commissioner Shure updated the Commission on the progression of the B&B Subcommittee. Since there was no quorum at the last B&B Subcommittee meeting discussion only occurred concerning the issues that need to be discussed in further detail. The subcommittee determined the next meeting shall be held Tuesday January 17, 2012 at 7:30PM. 7. ADJOURNMENT Commissioner Shure motioned for adjournment Commissioner Freeman Seconded the motion. Meeting Adjourned at 7:22 PM The next meeting of the Plan Commission will be Wednesday, January 18, 2012 at 7:00 P.M., Evanston Civic Center, 2100 Ridge Avenue, Council Chambers. Respectfully Submitted, Craig D. Sklenar, AICP General Planner, Community and Economic Development Department 386 of 551 APPROVED Page 1 of 2 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, February 8, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Seth Freeman Members Absent: Kwesi Steele, David Galloway, Lenny Asaro, Barbara Putta Staff Present: Craig Sklenar Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:04P.M. 2. APPROVAL OF JANUARY 18, 2012 MEETING MINUTES Commissioner Ford motioned for approval of the January 18 meeting minutes Commissioner Shure Seconded the motion. A voice vote was taken and the minutes were approved as written. 3. ZONING TEXT AMENDMENT 11PLND-0081 Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive-through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. 4. ZONING MAP AMENDMENT 11PLND-0076 A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove two parcels from the R2 Single Family Residential Zone and place them within the B1a Business zoning district for the purpose of commercial/retail use. Edgemark Development LLC has requested a continuance on Agenda Items 3 and 4 to the March 14, 2012 meeting of the Plan Commission. Commissioner Ford motioned to continue the matter to the March 14, 2012 meeting of the Plan Commission Commissioner Shure Seconded the motion. A voice vote was taken and the motion passes unanimously. Agenda Items 3 and 4 will be heard at the March 14, 2012 meeting of the Plan Commission. 387 of 551 APPROVED Page 2 of 2 Plan Commission Minutes 5. PLAN COMMISSION WORK PLAN City staff presented a draft work plan to the Plan Commission that is to be presented at the Rules Committee on April 2, 2012. The Commission provided minor feedback concerning items on the work plan. A revised draft will be presented at the March 14, 2012 meeting of the Plan Commission. 6. ADJOURNMENT Commissioner Ford motioned for adjournment Commissioner Shure Seconded the motion. Meeting Adjourned at 7:31 PM The next meeting of the Plan Commission held on Wednesday, March 14, 2012 at 7:00 P.M., Evanston Civic Center, 2100 Ridge Avenue, Council Chambers. Respectfully Submitted, Craig D. Sklenar, AICP General Planner, Community and Economic Development Department 388 of 551 APPROVED Page 1 of 4 Plan Commission Minutes he MEETING MINUTES PLAN COMMISSION Wednesday, March 14, 2012 10 minutes following the adjournment of the Joint Meeting of the Plan Commission and Zoning Board of Appeals (Joint Meeting begins at 7:00 P.M.) Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Seth Freeman, Kwesi Steele, Barbara Putta, David Galloway, Lenny Asaro Stuart Opdycke (Associate) Members Absent: Patricia Ledesma Staff Present: Craig Sklenar, Ken Cox, Melissa Klotz, Dennis Marino Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 9:20P.M. 2. APPROVAL OF FEBRUARY 08 and FEBRUARY 15, 2012 MEETING MINUTES Commissioner Ford motioned for approval of the February 08, 2012 meeting minutes Commissioner Shure Seconded the motion. A voice vote was taken and the minutes were approved as written. Commissioner Galloway motioned for approval of the February 15, 2012 meeting minutes Commissioner Shure Seconded the motion. A voice vote was taken and the minutes were approved as written. 3. ZONING TEXT AMENDMENT 11PLND-0081 Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive-through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. ZONING MAP AMENDMENT 11PLND-0076 A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove two parcels from the R2 Single Family Residential Zone and place them within the B1a Business zoning district for the purpose of commercial/retail use. Craig Sklenar, General Planner, informed the applicant, Edgemark Development LLC, had written a request for a continuance concerning Agenda Item 3. They have requested a continuance to the April 11, 2012 meeting of the Plan Commission. 389 of 551 APPROVED Page 2 of 4 Plan Commission Minutes Commissioner Ford motioned to continue the matter to the April 11, 2012 meeting of the Plan Commission. Commissioner Shure Seconded the Motion. A voice vote was taken and the motion passed unanimously. 4. ZONING TEXT AMENDMENT 11PLND-0026 A consideration to amend portions of 6-4-7 “Bed and Breakfast Establishments” of the Zoning Ordinance of the Municipal Code, as proposed by the Bed and Breakfast Subcommittee of the Zoning Committee of the Plan Commission. Craig Sklenar, General Planner, provided an overview of the proposed zoning text amendment as it pertains to Bed and Breakfasts in the Zoning Ordinance. The current text presented represents changes made at the February 15, 2012 meeting of the Plan Commission. Alderman Judy Fiske spoke before the Plan Commission. She urged the Plan Commission to provide a distance requirement of 900’ radius between each individual Bed and Breakfasts to help prevent clustering of B&B in a particular neighborhood. David Reynolds, resident at 204 Davis Street reiterated that a distance requirement would alleviate potential clustering that is showing evidence of potentially happening in his neighborhood. Mr. Reynolds also recommended that the Plan Commission re- examine Part K of the proposed ordinance that defines Owner-occupant-operator. Plan Commissioners deliberated concerning the distance requirements and all commissioners felt that the City Council who is the determining body for all special uses will have the discretion to determined whether a special use application before the Council is in fact negative concerning cumulative effect when considered on a case-by- case basis. Commissioner Galloway motioned to not add any distance requirements to the Bed and Breakfast regulations. Commissioner Ford Seconded the Motion. A voice vote was take and the motion passes unanimously. Commissioner Putta motioned to revise Item K to read as follows: Any Bed and Breakfast Establishment shall be operated by an owner(s) who resides therein, as his/her/their primary residence. Commissioner Ford Seconded the Motion. A voice vote was taken – the motion passes unanimously. Commissioner Ford motioned to continue the matter to the March 21, 2012 meeting of the Plan Commission to begin at 7:00PM. 390 of 551 APPROVED Page 3 of 4 Plan Commission Minutes Commissioner Shure Seconded the Motion. A voice vote was taken – the matter will continue at the March 21, 2012 meeting of the Plan Commission. 5. ZONING TEXT AMENDMENT 12PLND-0011 Consideration of the proposed zoning text amendment to Home Occupations as defined in Section 6-5-1 of the Zoning Ordinance. Commissioner Ford Motioned to continue Agenda Item 5 to the March 21, 2012 Plan Commission meeting due to a lack of time at the March 14, 2012 meeting. Commissioner Shure Seconded the Motion. A voice vote was taken and the motion passes unanimously. This item will be heard at the March 21, 2012 meeting of the Plan Commission. 6. ZONING TEXT AMENDMENT 12PLND-0010 Consideration of the proposed zoning text amendment to the Zoning Ordinance defining Payday Loan Establishments and other similar establishments. Commissioner Peters opened discussion concerning the proposed text amendment that defined Payday Loan Establishments, and allows such establishments in C2 Commercial Districts only as a special use. Commissioner Opdycke and Shure asked why we cannot just ban such institutions outright. City staff responded that Payday Loan Establishments are not defined currently in the Zoning Ordinance and currently are defined with lending institutions that are allowed in multiple zones. Defining the use and allowed zones is required to ensure constitutionality of restrictions as well. Commissioner Shure wanted to know if Tax Preparers who offer refunds in advance of the actual return would be considered a Payday Loan Establishment. Staff said that since the primary use is of tax preparations and that the refund is an advance rather than an actual loan that these types of institutions would not be considered a Payday Loan Establishment. Commissioner Ford Motioned to recommend to the City Council the proposed text amendment establishing a definition of Payday Loan Establishments and the proposed recommendation to allow only in the C2 Commercial Districts as a Special Use. Commissioner Galloway Seconded the Motion. Yea: 5 Ney: 1 (Commissioner Steele opposed the motion) 391 of 551 APPROVED Page 4 of 4 Plan Commission Minutes Commissioner Steele would like Council to consider expanding the Special Use in B1 and B1 Business Districts in Evanston as well. 7. PLAN COMMISSION WORK PLAN Due to time constraints this agenda item was tabled and will be addressed at the March 21, 2012 meeting of the Plan Commission. 8. COMMITTEE REPORTS No Reports 9. ADJOURNMENT 10. ADJOURNMENT Commissioner Ford motioned for adjournment Commissioner Galloway Seconded the motion. Meeting Adjourned at 11:02 PM The next meeting of the Plan Commission held on Wednesday, March 21, 2012 at 7:00 P.M., Evanston Civic Center, 2100 Ridge Avenue, Council Chambers. Respectfully Submitted, Craig D. Sklenar, AICP General Planner, Community and Economic Development Department 392 of 551 APPROVED Page 1 of 3 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, April 11, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Seth Freeman, Kwesi Steele, Barbara Putta, David Galloway, Lenny Asaro, Stuart Opdycke (Associate) Members Absent: Patricia Ledesma Staff Present: Craig Sklenar, Ken Cox, Dennis Marino Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:05 P.M. 2. APPROVAL OF MARCH 14 AND MARCH 21, 2012 MEETING MINUTES Commissioner Freeman motioned for approval of the March 14, 2012 meeting minutes Commissioner Asaro seconded the motion. A voice vote was taken and the minutes were approved. Commissioner Galloway motioned for approval of the March 21, 2012 meeting minutes Commissioner Freeman seconded the motion. A voice vote was taken and the minutes were approved. 1. ZONING TEXT AMENDMENT 11PLND-0081 Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive- through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. 2. ZONING MAP AMENDMENT 11PLND-0076 A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove a parcel from the R2 Single Family Residential Zone and place it within the B1a Business Zoning District for the purpose of commercial/retail use. Commissioner Asaro recused himself from the hearing of agenda items 1 and 2 due to a conflict of interest. The Law Office in which Commissioner Asaro works is representing the Applicant. Craig Sklenar, General Planner read the following documents into the Record: 393 of 551 APPROVED Page 2 of 3 Plan Commission Minutes - Memo dated 04.06.12 from City of Evanston staff - Proposed Site Plan dated 04.06.12 - Current Survey submitted 04.06.12 - Zoning Analysis dated 04.06.12 - Text Amendment Application - Map Amendment Application - Memo dated 04.06.12 from Edgemark Development amending map amendment application - Zoning Committee of the Plan Commission Packet 10.26.11 - Staff memo dated 12.09.11 from Public Works - October 2011 Traffic Impact Analysis - Citizen letters and Comments The Applicant, Edgemark Development LLC, presented their application for a text amendment and map amendment to the properties at 2628 Gross Point Road and 2635 Crawford Avenue. After the Applicant and their expert witnesses provided evidence and testimony to the merits of their applications, Supporters of the proposed zoning changes were allowed to speak. Opponents of the proposed zoning changes were then allowed to provide cross- examination questions to the Applicant and their expert witnesses. Questions from opponents ranged from the traffic study methodology to the need of a new bank facility in the area. Following Cross-examination, two neighbors within 500’ of the proposed zoning changes presented the Plan Commission a written request for a continuance to the May 9, 2012 meeting of the Plan Commission in order to provide a rebuttal to the Applicant’s testimony. The continuance was granted by the Plan Commission, the hearing remained opened to the May 9, 2012 meeting of the Plan Commission. 3. COMMITTEE REPORTS The Comprehensive Plan Committee will convene April 25, 2012 at 7:30AM to discuss updates to the Comprehensive Plan. 4. ADJOURNMENT Commissioner Ford motioned for adjournment Commissioner Putta Seconded the Motion. Meeting Adjourned 9:50PM The next regular Plan Commission meeting is scheduled for WEDNESDAY, MAY 9, 2012 at 7pm in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 5. ADJOURNMENT 394 of 551 APPROVED Page 3 of 3 Plan Commission Minutes Commissioner Freeman motioned for adjournment, and Commissioner Shure seconded the motion. The meeting adjourned at 9:26 P.M. Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department 395 of 551 APPROVED Page 1 of 2 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, May 9, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Richard Shure, Seth Freeman, Kwesi Steele, Barbara Putta, David Galloway, Lenny Asaro, Stuart Opdycke (Associate) Members Absent: Patricia Ledesma Staff Present: Craig Sklenar, Ken Cox, Dennis Marino Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:05 P.M. 2. APPROVAL OF APRIL 11, 2012 MEETING MINUTES Commissioner Freeman motioned for approval of the April 11, 2012 meeting minutes Commissioner Ford seconded the motion. A voice vote was taken and the minutes were approved. 3. ZONING TEXT AMENDMENT 11PLND-0081 Continued from the April 11, 2012 Meeting of the Plan Commission: Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive-through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. 4. ZONING MAP AMENDMENT 11PLND-0076 Continued from the April 11, 2012 Meeting of the Plan Commission: A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove a parcel from the R2 Single Family Residential Zone and place it within the B1a Business Zoning District for the purpose of commercial/retail use. Resident Joshua Huppert at 2630 Crawford Avenue requested an additional continuance due to improper mailed notice of property owners within 500’ of the subject property for a map amendment at 2635 Crawford Avenue. The 500’ notices were sent using a database generated using the property address at 2628 Gross Point Road, which is the applicant’s primary address for the project. Ken Cox, Assistant City Attorney, stated that upon review of the request, the city complied with intent of the regulations. 396 of 551 APPROVED Page 2 of 2 Plan Commission Minutes However Plan Commissioners believed that intent of the regulations were to notify the exact parcels that were to be amended by the map amendment, not a primary address. Commissioner Freeman motioned to continue the hearing to the June 20, 2012 meeting of the Plan Commission at 7:00PM Commissioner Ford seconded the motion. A voice vote was taken; the motion passes 7-0. The hearing will be continued to the June 20, 2012 meeting of the Plan Commission at 7:00PM. 5. COMMITTEE REPORTS None. 6. ADJOURNMENT Commissioner Galloway motioned for adjournment Commissioner Putta seconded the motion. The meeting adjourned at 8:05 P.M. Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, JUNE 20, 2012 at 7pm in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 397 of 551 DRAFT – NOT APPROVED Page 1 of 2 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, June 20, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford, Seth Freeman, Kwesi Steele, David Galloway, Patricia Ledesma Members Absent: Scott Peters (Chair), Richard Shure, Lenny Asaro, Barbara Putta, Stuart Opdycke (Associate) Staff Present: Craig Sklenar, Ken Cox, Dennis Marino Presiding Member: David Galloway, Vice Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:08 P.M. 2. APPROVAL OF MAY 09, 2012 MEETING MINUTES Commissioner Freeman motioned for approval of the May 09, 2012 meeting minutes Commissioner Ford seconded the motion. A voice vote was taken and the minutes were approved. 3. ZONING TEXT AMENDMENT 11PLND-0081 Continued from the May 09, 2012 Meeting of the Plan Commission: Amendment of the Zoning Code Section 6-15-14-6 Table 2, to remove “Drive-through facility” from the list of prohibited uses in Subarea 6 of the Central Street Overlay District. 4. ZONING MAP AMENDMENT 11PLND-0076 Continued from the May 09, 2012 Meeting of the Plan Commission: A petition by Edgemark Development LLC, on behalf of JP Morgan Chase Bank, contract purchaser of the subject property, to amend the Zoning Ordinance by requesting the City Council to remove a parcel from the R2 Single Family Residential Zone and place it within the B1a Business Zoning District for the purpose of commercial/retail use. Residents were allowed to provide opposing testimony to the Applicant’s presentations. Residents Joshua Huppert at 2630 Crawford Avenue and Megan Lutz at 2637 Crawford Avenue provided testimony that spoke in opposition of the map amendment at 2635 Crawford Avenue. After testimony and cross examination of the witnesses were provided, the Plan Commission allowed time for public comment. Comments spoke to concerns of traffic 398 of 551 DRAFT – NOT APPROVED Page 2 of 2 Plan Commission Minutes congestion, precedence of zoning changes and perceived need for a drive-through. Comments supporting the project included the need to clean up the old Citgo station and the desire to see development occur in this area of Evanston. After all testimony was provided, Vice Chairman David Galloway closed the hearing to begin deliberations amongst commissioners. Commissioner concerns were mostly concerning the proposed site plan, stating that if it were about the site plan and not the merits of a map or text amendment they would be inclined to vote against the recommendation. Some commissioners were concerned about the rezoning of residential properties to business zones, citing that this is done rarely in the city. Commissioner Ford motioned to provide the City Council with a favorable recommendation to amend the Zoning Ordinance that creates Subarea 6a of the Central Street Overlay District (oCSC) that would provide Drive-throughs as a Special Use. Commissioner Steele seconded the motion. A voice vote was taken; the motion passes 5-0. Commissioner Ford motioned to provide the City Counicl with a favorable recommendation to amend the Zoning Map that would change the underlying zoning of the subject property at 2635 Crawford Avenue from an R2 Single Family Residential to a B1a Business Zoning District. Commissioner Galloway Seconded the Motion. A voice vote was taken; the motion passes 3-2. Commissioners Freeman and Ledesma opposed the vote. 5. COMMITTEE REPORTS Craig Sklenar, General Planner, provided the Commission with an update concerning the Comprehensive Plan Subcommittee. The Subcommittee will meet again July 18 at 7:30AM. 6. ADJOURNMENT Commissioner Ledesma motioned for adjournment Commissioner Steele seconded the motion. The meeting adjourned at 10:45 P.M. Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, JULY 11, 2012 at 7pm in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 399 of 551 For City Council meeting of 10-22-12 Item P2 Ordinance 119-O-12 Amendment to Planned Development at 635 Chicago Ave For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community & Economic Development Department Dennis Marino, Manager, Planning and Zoning Division Craig Sklenar, General Planner, Planning & Zoning Division Subject: Ordinance 119-O-12 Amendment to the Approved Planned Development at 635 Chicago Ave. Date: October 11, 2012 Recommended Action City staff recommends the adoption of Ordinance 119-O-12, amending the Planned Development as granted in Ordinance 36-O-12 adopted May 14, 2012 by the Evanston City Council for the development of a new Walgreens at 635 Chicago Avenue. Since approval of the Planned Development, Walgreens has been in discussion with the property owner and City staff concerning the development of an energy efficient prototype retail store at 635 Chicago Avenue. The size of the proposed principal structure, layout of the site plan and drive-through location has not changed. The addition of two wind turbines each totaling twenty-six feet (26’) in height, which are classified as accessory structures, require an amendment to the Planned Development. Subsection 6-4-6-2-(G) of the Zoning Ordinance establishes a maximum height of seventeen feet, six inches (17’6”) for accessory structures. Subsection 6 -10-1-9-(C)-1- (b) of the Zoning Ordinance allows a maximum Site Development Allowance for Accessory Structures of thirty feet (30’) in the C1a District. This is the only requested change to the previously approved Planned Development. Background The redevelopment of the Walgreens site and improvements of the Southpoint Plaza on Chicago Avenue and Keeney Street will complete the south corridor section of Chicago Avenue south of Kedzie that has been undergoing a transformation for nearly a decade. This development completes the revitalization and streetscape enhancement of the Chicago Avenue Corridor from South Boulevard to Kedzie Avenue. The timing of Memorandum 400 of 551 this Planned Development is complimentary to the AMLI development adjacent that will include 214 units of rental housing, work/live units, ground floor retail and a new streetscape on Chicago Avenue. On May 14, 2012, Evanston City Council approved the Planned Development to build a new 13,000 square foot (sf) Walgreens and improve the site at 635 Chicago Avenue. Since the approval of the Planned Development, Walgreens has been in discussion with the property owner to develop a LEED Platinum prototype at this location, one of the first in the nation. In order to achieve their LEED Platinum certification the addition of a new solar array on the roof, a solar array over the drive-through and 2 wind turbines is required. Walgreens is proposing a new style of architecture that while using the same types of materials as approved in the original Planned Development, is different compared to other store styles throughout the country. The proposed architectural articulation of the building is within the proposed footprint of the original Planned Development. In addition, the Applicant has proposed to increase the building’s height 10’ from 28’-0” to 38’-0”, and add an attached trellis canopy along Keeney that would cover the drive - through area, but still be open to the air above. These two changes are proposed to facilitate the necessary height and area to produce enough energy on site to achieve LEED Platinum Certification. Both proposed changes are substantially compliant to the original Planned Development and the C1a zoning district, but should be noted. Zoning Ordinance The C1a Commercial Mixed-Use District governs the subject property at 635 Chicago Avenue. The properties along Chicago Avenue are zoned C1a, however the properties abutting the alley are zoned R5 General Residential on Hinman Avenue. 6-10-1-9 Section D-1 requires any development whose lot area is over 30,000 square feet in size must apply for a Planned Development. The applicant’s property is 71,417 square feet in size, requiring a Planned Development for approval by the City Council. Ordinances Identified for Requested Relief: 6-10-1-9-(C): Development Allowances – Commercial Districts 1(b) The Maximum height increase over that otherwise permitted in the commercial districts shall be no more than thirty feet (30’) in C1a Districts. Traffic Impact The proposed changes do not change the overall traffic pattern of the original Planned Development. There is minimal traffic impact within the neighborhood as the development does not add significant amounts of traffic to the block when compared to existing versus proposed conditions. Please see the following documents included: 401 of 551 Ordinance 119-O-12 This document provides a detailed description of the proposed amendment to Planned Development Ordinance 36-O-12 and the development allowances that will be granted. Ordinance 36-O-12 This document provides a detailed description of the proposed Planned Development and the development allowances that will be granted. Legislative History March 14, 2012 – Zoning Board of Appeals voted 4-1 to recommend approval of a special use for a drive-through for the proposed Planned Development. March 14, 2012 – Zoning Board of Appeals voted 2-3 against to recommend approval to City Council of a proposed major variation of 0’ setback from a rear yard setback for the proposed Planned Development. March 14, 2012 – Plan Commission voted 8-0 to recommend approval of the proposed Planned Development as proposed. May 14, 2012 – City Council Approves Ordinance 36-O-12 to construct a new 13,000 sf Walgreens and approved use of a drive-through at 635 Chicago Avenue. Attachments Ordinance 119-O-12 Ordinance 36-O-12 Revised Site Plan and Elevations Revised Zoning Analysis 402 of 551 10/8/2012 119-O-12 AN ORDINANCE Granting Amendments to the Approved Planned Development and Drive-Through Facility Located at 635 Chicago Avenue (“Walgreens”) 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, 2012, as amended, (“the Zoning Ordinance”); and WHEREAS, on May 14, 2012, the City enacted Ordinance 36-O-12, attached hereto as Exhibit 1 and incorporated herein by reference; and WHEREAS, pursuant to the provisions of the Zoning Ordinance, Ordinance 36-O-12 granted a Special Use Permit for a Planned Development and Drive- Through Facility in the C1a Commercial Zoning District for the property located at 635 Chicago Avenue, Evanston, Illinois (the “Subject Property”), which is legally described in Exhibit 1; and 403 of 551 119-O-12 ~2~ WHEREAS, Walgreen Co. (“the Applicant”), lessee of the Subject Property, submitted a proposed site plan (the “Revised Site Plan”), attached hereto as Exhibit 2 and incorporated herein by reference, which would govern the construction and operation of said Planned Development; and WHEREAS, in order to construct the Planned Development in accord with the Revised Site Plan, the Applicant requests amendments to Ordinance 36-O-12, particularly with regard to the height of accessory structures; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances to the normal district regulations established in the Zoning Ordinance; and WHEREAS, Ordinance 36-O-12 is a piece of legislation enacted by the City Council of the City of Evanston, subject to revision only by said City Council; and WHEREAS, on October 22, 2012, 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 Revised Site Plan; and WHEREAS, during said meeting, the P&D Committee received exhaustive input from the public, carefully deliberated on the Revised Site Plan, found that the Revised Site Plan substantially incorporates “generally recognized sustainable design practices… to promote energy conservation and improve environmental quality,” the public benefit for Planned Developments set forth in Subsection 6-3-6-3-(I) of the Zoning Ordinance, and recommended approval of the Revised Site Plan by the City Council; and 404 of 551 119-O-12 ~3~ WHEREAS, at its meetings of October 22 and November 8, 2012, the City Council considered the recommendation of the P&D Committee, heard additional public comment, made certain findings, and adopted said recommendation; 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 accepts the Revised Site Plan in order to allow the construction of a Planned Development on the Subject Property in conformance therewith, pursuant to Ordinance 36-O-12, as revised by this ordinance. SECTION 3: Pursuant to Subsection 6-3-6-12-(C) of the Zoning Ordinance, the City Council hereby grants the following Major Adjustment to the Planned Development, approved by Ordinance 36-O-12: Applicant may construct two (2) wind turbines, accessory structures, each twenty-six feet (26’) in height. Subsection 6-4-6-2-(G) of the Zoning Ordinance establishes a maximum height of seventeen feet, six inches (17’6”) for accessory structures and Subsection 6-10-1-9-(C)-1-(b) allows a maximum height-related Site Development Allowance of thirty feet (30’) in the C1a District. SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: 405 of 551 119-O-12 ~4~ (A) Turbine Noise: The Applicant shall construct the wind turbines in a manner, approved by the City in the building permit process, which reduces noise emanating it below fifty-five decibels (55 dB) at the lot line, as per the International Mechanical Code, adopted and amended, respectively, by City Code Sections 4-7-1 and Section 4-7-2, 303.6. (B) Recordation: 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, before it may apply to the City for any permits related to the Special Use Permit authorized by Ordinance 36-O- 12, as amended by this Ordinance 119-O-12. SECTION 5: Except as otherwise provided for in this Ordinance 119-O- 12, all applicable regulations of Ordinance 36-O-12, 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 119-O-12 shall govern and control. SECTION 6: 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 7: 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 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: This Ordinance 119-O-12 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 406 of 551 119-O-12 ~5~ Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 407 of 551 119-O-12 ~6~ EXHIBIT 1 Ordinance 36-O-12 408 of 551 409 of 551 410 of 551 411 of 551 412 of 551 413 of 551 414 of 551 415 of 551 416 of 551 417 of 551 119-O-12 ~7~ EXHIBIT 2 Revised Site Plan 418 of 551 10x35 LOADINGBERTHEXISTING OUTLOT BUILDING14,558 S.F.45 PARKING SPACES(INCLUDES 2 H.C.)KEENEY STREETCHICAGO AVENUEALLEYENTRYDRIVE THRU428.62171.14EXISTING SIDEWALK TO BE UPGRADED TO CURRENT STREETSCAPEEXISTING SIDEWALK TO BE UPGRADED TO CURRENT STREETSCAPETOTAL ROOF AREAS 1-4 = 16,472 SFWINDTURBINE1313122101816ROLLOVER CURB AT LOADINGWINDTURBINE98'-2"144'-0"5'-6"18'-0"6"7'-0"24'-0"9'-0"9'-0"18'-0"9'-0"9'-0"8'-0"8'-0"8'-0"8'-0"9'-0"1'-0 3/4"17'-5"1'-0"18'-0"18'-0"6"6'-6"17'-4"8"1'-0"1'-0"15'-621'-11"3'-1"FLUSH W/ PAVEMENT PARKING4'-8"6"2'-6"16'-6"35'-10"2'-0"2'-0" 34'-0"34'-0"20'-1 1/2"1'-0"R11'-6"R 1 1 ' - 6 "SCALE: SITE PLAN1" = 30'-0"1419 of 551 SCALE:WEST ELEVATION-CHICAGO AVE.1/8" = 1'-0"1T/O ROOFEL: (+) 38'-0"T/O PARAPETEL: (+) 32'-4"T/O EXISTING BLDG.EL: (+) 14'-0"T/O GRADEEL: (+) 0'-0"T/O ROOFEL: (+) 35'-10"T/O ROOFEL: (+) 29'-6"T/O ROOFEL: (+) 23'-2"T/O ROOFEL: (+) 16'-9"T/O STONEEL: (+) 10'-0"T/O STEELEL: (+) 13'-0"B/O ENTRY CANOPYEL: (+) 9'-8"REFERENCED KEY NOTES"TYPE 1" UTILITY SIZE FACE BRICK. 1/3 RUNNING BOND.COLOR: LIGHT IRONSPOT SMOOTH. MANUF:ENDICOTTCLAYLIMESTONECALCIUMSILICATECONCRETEMASONRYCASTSTONEC 90C 216C 568C 73-99AC 136430' O.C. MAX. -10' FROMCORNER MAX.SPACING = 1.5 XWALL HEIGHT 20'O.C. MAX. - 4' TO 6'FROM CORNERMAX.SLIP PLANEBETWEENCMU ANDCAST STONESEE BIATECHNICALNOTE 18AUNITTYPEASTMDESIGNATIONVERTICALCONTROL JOINTSPACINGSPACING = 1.5 XWALL HEIGHT 20'O.C. MAX - 4' TO 6'FROM CORNERMAX.HORIZONTALREQUIREMENTSWALL TIES @ 16"VERTICAL MAX.PLUS VENEERREINFORCEMENT @16" VERTICAL MAX.SLIP PLANEBETWEEN BRICKAND CAST STONE.WALL TIES @ 16"O.C.VERTICALMAX. SLIP PLANBETWEEN BRICKAND CMU.MISC. REFERENCESUNITSINSTALLED DRY.SEE NCMA TEK10-1A, 10-4,12-1AUNITS INSTALLED WETWITH RAKED JOINTS.JOINTS ARE POINTEDAFTER SET. EXPOSEDHEAD JOINTS TO GETBACKER ROD & SEALANT.SEE CAST STONETECHNICAL BULLETINS33, 43, & 44.STAGGER CONTROL JOINT IN CONCRETE BLOCK BACK-UPWALL 8"-12" FROM EXPANSION JOINT. DO NOT ALIGN JOINTS.BACKER ROD WITH URETHANE SEALANT. SEE SPEC.SEC. 04200.8" CONCRETE BLOCK BACK-UP WITH "D/A 3600- LAUDER EYE"BY 'DUR-O-WAL' TIES 30" O.C. EVERY 2nd COURSESTAGGERED VERT. W/ COTTON SASH CORD WEEPS @ 24"O.C. AND 30 MIL RUBBERIZED ASPHALT BASE FLASHING BY'IPCO' W/ .015 STAINLESS STEEL DRIP EDGE BY 'DUR-O-WAL'.PREMOLDED FOAM PAD OR NEOPRENE PAD. SEE SPEC.SEC. 04200.1'-2"UTILITY SIZE FACE BRICK. 1/3 RUNNING BOND. SEE SPEC.SEC. 04200.12345132412504.20.01"TYPE 2" UTILITY SIZE FACE BRICK. 1/3 RUNNING BOND.COLOR: ALMOND SMOOTH. MANUF: ENDICOTT04.20.02MASONRY SOLDIER COURSE04.20.03MASONRY ROWLOCK SILL04.20.04ARCHITECTURAL CAST STONE LEDGE BASE WITH WASH (4'LENGTH TYP.- FOLLOW ELEVATION FOR JOINT PLACEMENT) .04.20.05PREFABRICATED SOLID COMPOSITE ALUMINUM CANOPY.10.71.02RED "WALGREENS" SCRIPT SIGN, INTERNALLY ILLUMINATED.SEE DETAILS ON SHEET A-72010.14.74EXPANSION JOINT W/ BACKER ROD AND SEALANT- COLOR TOMATCH ADJACENT MATERIAL. SEE DETAIL D-13.04.20.06PRIOR TO FABRICATING SIGNS. FIELD VERIFY THE LOCATIONOF STEEL BEAM LOCATED BEHIND SIGNS SO THATELECTRICAL FEEDS CAN BE PROPERLY LOCATED IN ORDERTO CLEAR STRUCTURE.10.14.75INDIVIDUAL LETTER SIGN.10.14.76WH-1, WALL HYDRANT22.10.12JUNCTION BOX FOR FUTURE REDBOX. FURNISHED ANDINSTALLED BY ELECTRICAL CONTRACTOR.26.10.72WALL MOUNTED LIGHT. SEE ELECTRICAL DRAWINGS.26.50.22YELLOW DELINEATOR POSTS AT DRIVE-THRU WINDOW.FASTEN TO CONCRETE WITH BOLTS.32.12.01INSULATED COMPOSITE PANEL SYSTEM WITH DECORATIVEACCENT.07.60.01INSULATED GLAZING IN ALUMINUM STOREFRONT SYSTEM.PROVIDE LAMINATED GLASS AT ALL GLAZING BELOW 7'-0".08.80.01PREFINISHED OVER-HEAD COILING DOCK DOOR.08.30.01GAS METER.33.10.01ELECTRICAL "CT" PANEL.33.10.03ROOF LINE BEHIND (HEIGHT @ PARAPET). SEE SHEET A-131.07.50.01PREFINISHED SHEET METAL COPING. COLOR TO MATCHADJACENT MATERIAL07.60.02RAIN SHIELD AT DOOR OPENING.08.70.01FIRE DEPARTMENT SIAMESE CONNECTION WITH FITTINGS @36"-42" ABOVE FINISHED GRADE. CONSULT WITH LOCAL FIREDEPARTMENT.21.10.01METAL DOORS & FRAMES: PAINT TO MATCH ADJACENT BRICK.08.11.01SPANDREL GLAZING.08.80.02CLEAR ANODIZED ALUMINUM WINDOW FRAMES.08.41.01PHARMACY DRIVE-THRU WINDOW ASSEMBLY08.56.01LINE OF BRICK LEDGE IN POURED FOUNDATION.03.30.01DOORBELL @ 4'-0" A.F.F.08.70.02ARCHITECTURAL CAST STONE UNITS (4' LENGTH TYP.- 5' MAX).PROVIDE APPROPRIATE LENGTH AT EXPANSION JOINTS. SEEWALL SECTIONS FOR SIZES.04.20.07SHEET METAL SCUPPER THROUGH MASONRY PARAPET.07.60.03ALUMINUM STANDING SEAM AWNING.07.61.01ALUMINUM STANDING SEAM ROOFING. PROVIDE GUTTERSAND DOWNSPOUTS.07.61.02KYNAR-PAINTED ALUMINUM WINDOW FRAMES.COLOR: BONE WHITE.08.41.02CLEAR GLAZING WITH LAMINATED TRANSLUCENTINTERLAYER.08.41.03HISTORICAL IMAGE OF MOUND, MN APPLIED TO BACK OFDISPLAY WINDOW PRIOR TO INSTALLATION.08.41.047" JAMES HARDIE ARTISAN LAP SIDING.07.46.01MOLDED URETHANE MILLWORK CORNICE. SEE WALLSECTIONS FOR DETAILS.07.46.02MOLDED URETHANE MILLWORK DECORATIVE STRUT.07.46.03CURVED STRETCHED FABRIC AWNING OVER ALUMINUMFRAME.10.70.01REVISIONSNO. DATE BYDESCRIPTIONWALGREENSDATE:SCALE:REVIEWED:DRAWN BY:DRAWING TITLE:PROJECT NO. 20015364NEC OF CHICAGO AVE & KEENEY ST.EVANSTON, ILSTORE NO. 15364AS SHOWN9/18/12JBI HEREBY CERTIFYTHAT THIS PLAN ANDSPECIFICATION WASPREPARED BY ME ORUNDER MY DIRECTSUPERVISION ANDTHAT I AM A DULYREGISTEREDARCHITECT ORENGINEER UNDER THELAWS OF THE STATE OFILLINOIS AS SIGNIFIEDBY MY HAND AND SEAL.A-210EXTERIOR ELEVATIONSEXPANSION JOINT DETAILCONTROL JOINT SCHEDULE??420 of 551 EXISTING OUTLOT BUILDING10x35 LOADING BERTH5'x5' TREE GRATE (TYP.)SEE DETAIL: LIGHT POLE (TYP.)EXISTING TREE (TYP.)- TURF -- TURF -AMLI-EVANSTONBUILDING- E X I S T I N G A L L E Y -- K E E N E Y S T R E E T -- C H I C A G O A V E N U E -SCORED, BROOM FINISH CONCRETE SIDEWALK TO MATCH CITY OF EVANSTON STREETSCAPE PATTERN (TYP.)SEE DETAIL:BRICK PAVER BANDING (TYP.)SEE DETAIL:7L1-38L1-32L1-33L1-34L1-31L1-34L1-35L1-3- TURF -2 BIKE RACKS (4 BIKES)SEAT WALL PLANTER (18" HT. )WIND TURBINEWIND TURBINEPERENNIALS/GRASSES (TYP.)EVERGREEN SHRUB (TYP.)SHADE TREE (TYP.)PARKWAY TREE (TYP.)DECIDUOUS SHRUB (TYP.)SMALL ORNAMENTAL TREECOLUMNAR ORNAMENTAL TREEPERENNIALS/GRASSES (TYP.)WALGREENSDATE:SCALE:REVIEWED:DRAWN BY:FACILITIES PLANNING DESIGN AND ENGINEERING106 WILMOT ROADDEERFIELD, IL 60015-5105DRAWING TITLE: PRELIMINARY LANDSCAPE PLANNEC OF CHICAGO AVE & KEENEY ST.EVANSTON, ILALLDRAWINGSANDWRITTENMATERIALAPPEARINGHEREINCONSTITUTETHEORIGINALANDUNPUBLISHEDWORKOFTHEARCHITECT,ANDTHESAMEMAYNOTBEDUPLICATED,USEDORDISCLOSEDWITHOUTTHEWRITTENCONSENTOFTHEARCHITECT.COPYRIGHT:CAMBURAS&THEODORE,LTD.ASSHOWNREVISIONSNO. DATE BYDESCRIPTIONI HEREBY CERTIFY THAT THIS PLAN AND SPECIFICATION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED ARCHITECT OR ENGINEER UNDER THE LAWS OF THE STATE OF ILLINOIS AS SIGNIFIED BY MY HAND AND SEAL.SCALE: 1" = 20'-0"1PRELIMINARY LANDSCAPE PLAN0 204060421 of 551 422 of 551 423 of 551 424 of 551 425 of 551 426 of 551 427 of 551 428 of 551 429 of 551 For City Council meeting of October 22, 2012 Item P3 Ordinance 120-O-12 Special Use for Scoreboards at 2250 Sheridan Road For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Department Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Ordinance 120-O-12, Granting a Special Use for Scoreboards at 2250 Sheridan Road Date: October 10, 2012 Recommended Action Zoning Board of Appeals, Sign Review and Appeals Board, and City staff recommend the adoption of Ordinance 120-O-12 granting a special use permit for scoreboards at 2250 Sheridan Road. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use for the T2 District. The Zoning Board of Appeals found this as well in its findings for a positive recommendation. Summary Northwestern University proposes to install a total of seven electronic scoreboards at the six south courts of the Vandy Christie Tennis Center at 2250 Sheridan Road, in the block between Noyes Street and Dartmouth Place. The six small scoreboards will each serve a tennis court, and the one larger scoreboard will be located along the west side of the property near the alley, facing Sheridan Road, and will display all of the match scores. This property is located in the T2 Transitional Campus District, and is surrounded by the NU campus to the east and the T1 Transitional Campus District to the west, which is primarily made up of Northwestern-owned properties. The scoreboards will only be used during daylight hours. There are no speakers or audio built in to the scoreboards. The small scoreboards will be positioned so that they appear to hang off of the existing 12’ fence that surrounds the tennis courts. The fence has a mesh screening on it so the small scoreboards will not be visible from Sheridan Road. The small scoreboards have a maximum height of 12’10”, and each feature a scoreboar d face of 9’ x 3’6”. The larger scoreboard will project to a total height of 19’ and will be minimally visible from the Sheridan Road right-of-way. A height study is included that shows the visibility of the top of the scoreboard (the signage portion) from the street view. This scoreboard has a Memorandum 430 of 551 maximum height of 19’, and features a scoreboard face of 9’ x 27’, with an elongated sign along the top that is 10” tall by 27’ long and two end signs that display the Northwestern Wildcat image. The large scoreboard is raised so that the lowest part of the scoreboard face is 9’ above grade and features a gated entrance below the scoreboard face. The back of the scoreboard will face the alley and the T1 Transitional Campus District. This view will be landscaped and contain ivy to screen the scoreboard. A smaller sign will be located on the back of the scoreboard just above the gated entrance that faces the alley. Neighborhood Benefit: This use should not cause any type of negative cumulative effect on the surrounding neighborhood. The intensity of the use is not changing in any way. Some residents mentioned concerns at the October 2, 2012 Zoning Board of Appeals hearing that they would like the tennis courts to remain open to the public when not in use by the University and hope the new scoreboards do not change that. Comprehensive Plan The Evanston Comprehensive General Plan encourages institutional development enhancements. The proposed scoreboards are a necessary enhancement for Northwestern University’s tennis program that competes in the Big Ten Conference at the NCAA Division I level. The Comprehensive Plan specifically includes: Goal: Support the growth and evolution of institutions so long as the growth does not have an adverse impact upon the residentially-zoned adjacent neighborhoods. The proposed scoreboards will be minimally visible from Sheridan Road, as shown in the included Height Study. Most of the properties within the vicinity of the tennis courts are owned by Northwestern University and will not be negatively impacted by the proposal. The residential area to the west should not be impacted by the visibility of the large scoreboard from the alley view since the back of the scoreboard will feature mature landscaping and ivy to camouflage the scoreboard. Legislative History September 13, 2012: The Sign Review and Appeals Board reviewed the large scoreboard since it features signage on it. A recommendation for approval was made subject to a reduction in height and signage on the large scoreboard. The current proposal is a revision that is within substantial compliance of the Sign Board’s recommendation for approval. October 2, 2012: The ZBA recommended the City Council approve the application for a special use permit with the following conditions: 1. The scoreboards be in substantial compliance with the documents and testimony provided. 2. The back of the large scoreboard must be screened from view, including the university logo signs on both sides of the large scoreboard, by mature landscaping materials. 431 of 551 Attachments Proposed Ordinance 120-O-12 October 2, 2012 ZBA Draft Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 432 of 551 10/5/2012 120-O-12 AN ORDINANCE Granting a Special Use Permit for Scoreboards Located at 2250 Sheridan Road in the T2 Transitional Campus Zoning District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on October 2, 2012, pursuant to proper notice, to consider case no. 12ZMJV-0058, an application filed by Northwestern University, owner of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2250 Sheridan Road (the “Subject Property”) and located in the T2 Transitional Campus Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-15-4-3 of Title 6 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), Scoreboards 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 Scoreboards met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of October 22, 2012, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 12ZMJV-0058; and 433 of 551 120-O-12 ~2~ WHEREAS, at its meetings of October 22 and November 12, 2012, the City Council considered, amended, and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and made a part hereof. SECTION 2: The City Council hereby approves the Special Use Permit for Scoreboards on the Subject Property as applied for in case no. 12ZMJV-0058. 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. Landscaping: The Applicant shall screen the Scoreboards hereby authorized, including the university logo signs on either side of the main scoreboard, from view of properties west of the Subject Property, mature landscaping materials. C. Recordation: Before it may construct and/or 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.” 434 of 551 120-O-12 ~3~ 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:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 435 of 551 120-O-12 ~4~ EXHIBIT A LEGAL DESCRIPTION LOTS 1 TO 6 IN BLOCK 86 IN NORTHWESTERN UNIVERSITY SUBDIVISION OF PART OT SECTION 7 AND 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO MAP THEREOF RECORDED FEBRUARY 13, 1875, AS DOCUMENT 13935, IN BOOK OF PLATS, PAGE 56, IN COOK COUNTY, ILLINOIS. PINs: 11-07-206-012-0000 11-07-206-013-0000 11-07-206-014-0000 COMMONLY KNOWN AS: 2250 Sheridan Road, Evanston, Illinois. 436 of 551 DRAFT NOT APPROVED Page 1 of 4 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, October 2, 2012 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Mary Beth Berns, Andrew Gallimore, Matt Rodgers, Scott Gingold, Clara Wineberg Members Absent: Lori Summers, Beth McLennan Staff Present: Steve Griffin, Melissa Klotz Presiding Member: Matt Rodgers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:38pm. Approval of Minutes The minutes from the July 10, 2012, and August 21, 2012 Zoning Board of Appeals meetings were discussed. A motion was made by Mr. Gingold and seconded by Ms. Berns to approve the minutes as submitted. New Business 843 Dodge Avenue ZBA 12ZMJV-0060 Kathy Romero, lessee, applies for a special use for a Type 2 Restaurant at 843 Dodge Avenue. 843 Dodge Avenue is located in the C1 Commercial District, which requires a special use permit for a Type 2 Restaurant 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. Ms. Romero explained the details of the proposed restaurant use, which included: • Hours of operation from 8am-10pm, 7 days a week • No formal dining area, just tables with seating for 21 • 5 employees • Cashier only, no wait staff • Employees will park in the lot so that they do not use up street parking. Mr. Gallimore stated that there are not many restaurant options in that area. Mr. Gingold agreed, but noted that there are parking issues in that area on weekends. The Zoning Board then entered into deliberation. The standards were discussed and found as follows: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) The parking can be crowded depending on what community activities are going on in the area, but it sounds like the property owner handles the on-site parking issue pretty well, so yes. 437 of 551 DRAFT NOT APPROVED Page 2 of 4 Zoning Board of Appeals 7) Yes 8) Yes 9) Yes Mr. Gingold motioned for a recommendation of approval with the following conditions: 1) The restaurant cannot operate between the hours of midnight and 6am. 2) The applicant must adhere to the Litter Collection and Pick-Up Plans. 3) The project be in substantial compliance with the documents and testimony on file. Ms. Berns amended the motion to include a fourth condition: 4) Employees cannot park in the on-site lot. The motion for recommendation was approved 5-0. The Zoning Board entered into a 5 minute recess to allow for Acting Chair Matt Rodgers to contact absent Chair Lori Summers to see if she would be attending the rest of the meeting. Ms. Summers did not attend the remainder of the meeting. The meeting re-adjourned at 8:07pm. 2250 Sheridan Road ZBA 12ZMJV-0058 Charles David, project manager, applies for a special use for one large and six small scoreboards for Northwestern University’s tennis facilities at 2250 Sheridan Road. 2250 Sheridan Road is located in the T2 Transitional Campus District, which requires a special sue permit for scoreboards (Zoning Code Section 6-15-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Wineberg recused herself from the case due to a personal conflict. Mr. Rodgers noted that he knows applicant Scott Arey, but felt there would not be a conflict. Charles Davidson explained the proposal for 7 scoreboards at the tennis courts between Noyes Street and Dartmouth Place. Mr. Gingold asked if the large scoreboard is visible from Sheridan Road, and Mr. Davidson explained that it is not visible, as shown in the provided Height Study. The banner shown in the Height Study was posted at the correct height and location to show the lack of visibility to it from Sheridan Road. Mr. Gingold asked who can use the courts, and Mr. Arey responded that mostly the Northwestern Tennis teams use the courts, but summer camps and the public also use the facilities when they are not in use by the university. Mr. Gingold asked if the proposed scoreboards will pose any safety hazards for the athletes, and Mr. Arey explained the scoreboards are made of LED lights and plastic, there is no glass, aluminum frames, and the low part of each scoreboard is above head height. They will be permanently installed year round. Mr. Rodgers asked what the back of the large scoreboard will look like, and Mr. Davidson explained that it will be screened with greenery. Mr. Gingold asked if the back of the large scoreboard will have a sign on it that is visible to the alley, as shown in the proposed elevation image, and Mr. Davidson explained that it will. The sign is 12 feet wide by 1 foot tall, metal, with painted letters. 438 of 551 DRAFT NOT APPROVED Page 3 of 4 Zoning Board of Appeals Ms. Berns asked why the boxes on each side of the large scoreboard that display large “N” logos are not camouflaged similarly to the large scoreboard back, and Mr. Davidson replied that they are relatively small in mass, but they could possibly be screened in a similar manner. Ms. Berns asked what the brick piers on each side of the alley entrance were for, and Mr. Davidson replied that they are storage containers. Mr. Gingold asked what the hours of operation are for the tennis matches and scoreboards, and Mr. Arey responded that all matches take place during daylight hours, mostly on Friday afternoons and weekend days. He also noted that there are no speakers or sound devices on the scoreboards. Resident Thawivann Spalding explained that she lives on the corner of Orrington and Colfax, and would like conditions placed on the approval of the scoreboards that include a more historical look, and that the height of the scoreboards not be higher than the fence. Resident Kim Ye explained that she will be in the sight line of the small scoreboards along Dartmouth, and wanted to know if the public would continue to have use of the courts or if they would be locked after the installation of the scoreboards. Resident John Spalding said he appreciates what Northwestern proposed to screen the scoreboards, but it appears that public access to the south courts will be limited. The Zoning Board then entered into deliberation. Mr. Gingold noted that the applicant did revise the plan and mask the large scoreboard to the extent possible from the alley view. He suggested a condition should be added to expand the greenery to camouflage the side signs too. Ms. Berns added that the size of the greenery used should be conditioned to ensure mature plants are used since ivy can take many years to mature. Mr. Gingold added that it is not the Zoning Board’s purview to discuss the concerns regarding public access to the courts, but hopefully that will be discussed by the City Council. The standards were then addressed: 1) Yes 2) Yes 3) Yes, by screening the large scoreboard and addressing the neighbor concerns to decrease the height of the large scoreboard. 4) Yes 5) Yes 6) Yes 7) Yes 8) Yes 9) Yes A motion was made to recommend approval of the 7 scoreboards with the following conditions: 1) The green screen along the alley side should extend to the side signs on the large scoreboard to camouflage the side signs similarly to the large scoreboard. 2) The green screen must be comprised of a mature landscaped green screen. The meeting was adjourned at 8:45pm. 439 of 551 DRAFT NOT APPROVED Page 4 of 4 Zoning Board of Appeals This meeting was recorded by audio 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 440 of 551 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on October 2, 2012, 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: 12ZMJV-0058 Address or Location: 2250 Sheridan Road Applicant: Charles Davidson, Northwestern University Proposed Special Use: 7 tennis scoreboards 441 of 551 (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 scoreboards be in substantial compliance with the documents and testimony provided. 2. The back of the large scoreboard must be screened from view, including the university logo signs on both sides of the large scoreboard, by mature landscaping materials. ____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No ___X___ Mary Beth Berns __X__ ____ ___X____ Clara Wineberg _recused___ ___X___ Scott Gingold __X__ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ _______ Lori Summers _____ ____ ___X___ Andrew Gallimore __X__ ____ 442 of 551 443 of 551 444 of 551 445 of 551 446 of 551 447 of 551 448 of 551 449 of 551 450 of 551 451 of 551 452 of 551 453 of 551 454 of 551 455 of 551 456 of 551 457 of 551 458 of 551 459 of 551 460 of 551 461 of 551 462 of 551 463 of 551 464 of 551 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Saved on September 25th, 2012 Scoreboard Site Plan Proposed Scoreboard 465 of 551 466 of 551 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Saved on September 25th, 2012 Scoreboard Height Study ExisƟng Flag Pole 30’‐0” ExisƟng Fence 12’0” Proposed Main Scoreboard 19’‐0” Proposed Height of Scoreboard 467 of 551 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Saved on September 25th, 2012 ExisƟng Flag Pole 30’‐0” ExisƟng Fence 12’‐0” Proposed Main Scoreboard 19’‐0” Photos taken September 25 using banner staƟoned 19’ high as proposed for Scoreboard. Dartmouth & Sheridan Road Noyes & Sheridan Road Opposite Proposed Scoreboard Top of Scoreboard highlighted Scoreboard Height Study 468 of 551 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Saved on September 25th, 2012 NU Tennis Center Neighborhood Study NU Property are Highlighted Proposed Scoreboard 469 of 551 www.cityofevanston.org DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,736 Made with Evanston's GIS Printed: Sep 26, 2012 4:39:29 PM470 of 551 9/26/12 Sheridan Road - Google Maps maps.google.com/maps?q=617+noyes+st,+evanston,+il&sll=42.058662,-87.678169&cbp=13,251.38,,0,… Address Sheridan Road Address is approximate © 2012 Google 471 of 551 www.cityofevanston.org DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,790 Made with Evanston's GIS Printed: Sep 26, 2012 4:30:26 PM472 of 551 473 of 551 474 of 551 475 of 551 476 of 551 477 of 551 478 of 551 479 of 551 480 of 551 Department of Facilities Management Operations Northwestern University Prepared by: Charles Davidson Saved on October 17th, 2012 Scoreboard Height Study ExisƟng Flag Pole 30’-0” ExisƟng Fence 12’0” Proposed Main Scoreboard 19’ 0” Proposed Height of Scoreboard Photo of Banner as Scoreboard Mock Up Top of banner hung at 19’0” a.f.f. 481 of 551 For City Council meeting of October 22, 2012 Item P4 Ordinance 121-O-12 Special Use for a Type 2 Restaurant at 843 Dodge Avenue For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Department Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Ordinance 121-O-12, Granting a Special Use for a Type 2 Restaurant at 843 Dodge Avenue Date: October 10, 2012 Recommended Action Zoning Board of Appeals and City staff recommend the adoption of Ordinance 121-O-12 granting a special use permit for the operation of a Type 2 Restaurant at 843 Dodge Avenue. The applicant has complied with all zoning requirements and meets all of the standards of a Special Use for the C1 District. The Zoning Board of Appeals found this as well in its findings for a positive recommendation. Summary The applicant plans to open The Famous Burrito, an owner-operated eat-in and takeout restaurant on the southeast corner of Dodge Avenue and Main Street. The proposed site features an existing strip mall with a Subway, 7-11, a dentist, and a tailor. The Famous Burrito plans to locate in a currently vacant space that was previously a pizzeria. A special use for a Type 2 Restaurant was granted for this location in 1987, however that ordinance features a condition that has terminated the transferability of that special use. The Famous Burrito plans to have a maximum of four employees working at a time, and an eating area that seats approximately twenty patrons. The restaurant will operate from 8:00am – 10:00pm, seven days a week. The establishment will function as a Type 2 Restaurant, using disposable flatware and dishware, ad no waiter/waitress service. Eat-in patrons will order their food at the counter and carry their meals to the seating area. An estimated 30% of the business will be carry-out and delivery service. The existing parking lot has twenty-four parking spaces that serve the five commercial spaces in the strip mall. Employees of The Famous Burrito will not park on-site so that parking can remain open for customers. There will be up to two delivery vehicles that park in the lot. Incoming truck deliveries will occur in the parking lot as they do for the existing businesses since there is no rear delivery access. Garbage for the entire building Memorandum 482 of 551 is placed along the alley, and the applicant will adhere to the Litter Collection Plan as part of the special use ordinance. Neighborhood Benefit This use should not cause any type of negative cumulative effect on the surrounding neighborhood. The area of Dodge and Main features a number of businesses of similar intensities. The existing strip mall faces Dodge Avenue so that the rear of the building acts serves as a buffer between the vehicle and foot traffic that the property draws in and the adjacent residential zoning district. This restaurant should positively impact the neighborhood as it will put an operational business in what is currently a vacant space, and increase foot traffic to the existing commercial area. Staff is not aware of objections from any neighboring properties. Comprehensive Plan The Evanston Comprehensive General Plan encourages businesses along existing commercial corridors that benefit adjoining neighborhoods. The Comprehensive Plan specifically includes: Objective: Recognize the benefits of mixing residential, commercial, and institutional uses in neighborhoods. Policies and actions that will help accomplish this objective include: encourage creative adaptive reuse of properties available for redevelopment using zoning standards. A special use for the proposed location of The Famous Burrito will promote the existing commercial corner of Dodge and Main without disturbing the nearby residential area. Legislative History October 2, 2012: The ZBA recommended the City Council approve the application for a special use permit with the following conditions: 1. The Type 2 Restaurant be in substantial compliance with the documents and testimony provided. 2. Implementation of a Litter Collection Plan and Litter Pick-Up Plan. 3. The Type 2 Restaurant can not operate between midnight and 6:00am. 4. Employees cannot park in the parking lot on-site. Attachments Proposed Ordinance 121-O-12 October 2, 2012 ZBA Draft Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 483 of 551 10/5/2012 121-O-12 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 843 Dodge Avenue in the C1 Commercial Zoning District (“The Famous Burrito”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on October 2, 2012, pursuant to proper notice, to consider case no. 12ZMJV-0060, an application filed by Kathy Romero, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 843 Dodge Avenue (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 Type 2 Restaurant, “The Famous Burrito,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of October 22, 2012, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 12ZMJV-0060; and 484 of 551 121-O-12 ~2~ WHEREAS, at its meetings of October 22 and November 12, 2012, the City Council considered, amended, and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and made a part hereof. 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. 12ZMJV- 0060. 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. 485 of 551 121-O-12 ~3~ C. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected no less than three (3) times per week, including collections on Sundays as necessary, in the City’s judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight-fitting lids, and shall be placed on Code-compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. D. Hours of Operation: The Applicant shall not operate the Type 2 Restaurant authorized by this ordinance between midnight and 6:00 a.m. on any day. E. Employee Parking: When driving to work at the Type 2 Restaurant authorized by this ordinance, the Applicant and its employees shall not park in the parking lot on the Subject Property. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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. 486 of 551 121-O-12 ~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:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 487 of 551 121-O-12 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 10 IN BLOCK 4 IN PITNER & SONS SECOND ADDITION TO SOUTH EVANSTON, IN SECTION 24, TOWN 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN; ALSO LOT 11 IN BLOCK 4 (EXCEPTING THAT PART THEREOF LYING W EST OF A LINE 40 FEET EAST OF AND PARALLEL WITH THE W EST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 24) IN PITNER & SONS SECOND ADDITION TO SOUTH EVANSTON, AFORESAID, ALL IN COOK COUNTY, ILLINOIS. PINs: 10-24-400-001-0000 10-24-400-002-0000 COMMONLY KNOWN AS: 843 Dodge Avenue, Evanston, Illinois. 488 of 551 DRAFT NOT APPROVED Page 1 of 4 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, October 2, 2012 7:30 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Mary Beth Berns, Andrew Gallimore, Matt Rodgers, Scott Gingold, Clara Wineberg Members Absent: Lori Summers, Beth McLennan Staff Present: Steve Griffin, Melissa Klotz Presiding Member: Matt Rodgers Declaration of Quorum With a quorum present, Chairman Summers called the meeting to order at 7:38pm. Approval of Minutes The minutes from the July 10, 2012, and August 21, 2012 Zoning Board of Appeals meetings were discussed. A motion was made by Mr. Gingold and seconded by Ms. Berns to approve the minutes as submitted. New Business 843 Dodge Avenue ZBA 12ZMJV-0060 Kathy Romero, lessee, applies for a special use for a Type 2 Restaurant at 843 Dodge Avenue. 843 Dodge Avenue is located in the C1 Commercial District, which requires a special use permit for a Type 2 Restaurant 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. Ms. Romero explained the details of the proposed restaurant use, which included: • Hours of operation from 8am-10pm, 7 days a week • No formal dining area, just tables with seating for 21 • 5 employees • Cashier only, no wait staff • Employees will park in the lot so that they do not use up street parking. Mr. Gallimore stated that there are not many restaurant options in that area. Mr. Gingold agreed, but noted that there are parking issues in that area on weekends. The Zoning Board then entered into deliberation. The standards were discussed and found as follows: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) The parking can be crowded depending on what community activities are going on in the area, but it sounds like the property owner handles the on-site parking issue pretty well, so yes. 489 of 551 DRAFT NOT APPROVED Page 2 of 4 Zoning Board of Appeals 7) Yes 8) Yes 9) Yes Mr. Gingold motioned for a recommendation of approval with the following conditions: 1) The restaurant cannot operate between the hours of midnight and 6am. 2) The applicant must adhere to the Litter Collection and Pick-Up Plans. 3) The project be in substantial compliance with the documents and testimony on file. Ms. Berns amended the motion to include a fourth condition: 4) Employees cannot park in the on-site lot. The motion for recommendation was approved 5-0. The Zoning Board entered into a 5 minute recess to allow for Acting Chair Matt Rodgers to contact absent Chair Lori Summers to see if she would be attending the rest of the meeting. Ms. Summers did not attend the remainder of the meeting. The meeting re-adjourned at 8:07pm. 2250 Sheridan Road ZBA 12ZMJV-0058 Charles David, project manager, applies for a special use for one large and six small scoreboards for Northwestern University’s tennis facilities at 2250 Sheridan Road. 2250 Sheridan Road is located in the T2 Transitional Campus District, which requires a special sue permit for scoreboards (Zoning Code Section 6-15-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Wineberg recused herself from the case due to a personal conflict. Mr. Rodgers noted that he knows applicant Scott Arey, but felt there would not be a conflict. Charles Davidson explained the proposal for 7 scoreboards at the tennis courts between Noyes Street and Dartmouth Place. Mr. Gingold asked if the large scoreboard is visible from Sheridan Road, and Mr. Davidson explained that it is not visible, as shown in the provided Height Study. The banner shown in the Height Study was posted at the correct height and location to show the lack of visibility to it from Sheridan Road. Mr. Gingold asked who can use the courts, and Mr. Arey responded that mostly the Northwestern Tennis teams use the courts, but summer camps and the public also use the facilities when they are not in use by the university. Mr. Gingold asked if the proposed scoreboards will pose any safety hazards for the athletes, and Mr. Arey explained the scoreboards are made of LED lights and plastic, there is no glass, aluminum frames, and the low part of each scoreboard is above head height. They will be permanently installed year round. Mr. Rodgers asked what the back of the large scoreboard will look like, and Mr. Davidson explained that it will be screened with greenery. Mr. Gingold asked if the back of the large scoreboard will have a sign on it that is visible to the alley, as shown in the proposed elevation image, and Mr. Davidson explained that it will. The sign is 12 feet wide by 1 foot tall, metal, with painted letters. 490 of 551 DRAFT NOT APPROVED Page 3 of 4 Zoning Board of Appeals Ms. Berns asked why the boxes on each side of the large scoreboard that display large “N” logos are not camouflaged similarly to the large scoreboard back, and Mr. Davidson replied that they are relatively small in mass, but they could possibly be screened in a similar manner. Ms. Berns asked what the brick piers on each side of the alley entrance were for, and Mr. Davidson replied that they are storage containers. Mr. Gingold asked what the hours of operation are for the tennis matches and scoreboards, and Mr. Arey responded that all matches take place during daylight hours, mostly on Friday afternoons and weekend days. He also noted that there are no speakers or sound devices on the scoreboards. Resident Thawivann Spalding explained that she lives on the corner of Orrington and Colfax, and would like conditions placed on the approval of the scoreboards that include a more historical look, and that the height of the scoreboards not be higher than the fence. Resident Kim Ye explained that she will be in the sight line of the small scoreboards along Dartmouth, and wanted to know if the public would continue to have use of the courts or if they would be locked after the installation of the scoreboards. Resident John Spalding said he appreciates what Northwestern proposed to screen the scoreboards, but it appears that public access to the south courts will be limited. The Zoning Board then entered into deliberation. Mr. Gingold noted that the applicant did revise the plan and mask the large scoreboard to the extent possible from the alley view. He suggested a condition should be added to expand the greenery to camouflage the side signs too. Ms. Berns added that the size of the greenery used should be conditioned to ensure mature plants are used since ivy can take many years to mature. Mr. Gingold added that it is not the Zoning Board’s purview to discuss the concerns regarding public access to the courts, but hopefully that will be discussed by the City Council. The standards were then addressed: 1) Yes 2) Yes 3) Yes, by screening the large scoreboard and addressing the neighbor concerns to decrease the height of the large scoreboard. 4) Yes 5) Yes 6) Yes 7) Yes 8) Yes 9) Yes A motion was made to recommend approval of the 7 scoreboards with the following conditions: 1) The green screen along the alley side should extend to the side signs on the large scoreboard to camouflage the side signs similarly to the large scoreboard. 2) The green screen must be comprised of a mature landscaped green screen. The meeting was adjourned at 8:45pm. 491 of 551 DRAFT NOT APPROVED Page 4 of 4 Zoning Board of Appeals This meeting was recorded by audio 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 492 of 551 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on October 2, 2012, 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 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: 12ZMJV-0060 Address or Location: 843 Dodge Avenue Applicant: Kathy Romero Proposed Special Use: Type 2 Restaurant – The Famous Burrito 493 of 551 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 5-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 5-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 5-0 and, based upon these findings, and upon a vote __5__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __X__ approval with conditions specifically: 1. The Type 2 Restaurant be in substantial compliance with the documents and testimony provided. 2. Implementation of a Litter Collection Plan and Litter Pick-Up Plan. 3. The Type 2 Restaurant can not operate between midnight and 6:00am. 4. Employees cannot park in the parking lot on-site. ____ denial of the proposed special use. __________________________________________ Date: _____________ Lori Summers Zoning Board of Appeals Chair Attending: Vote: Aye No ___X___ Mary Beth Berns __X__ ____ ___X____ Clara Wineberg __X__ ____ ___X___ Scott Gingold __X__ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ _______ Lori Summers _____ ____ ___X___ Andrew Gallimore __X__ ____ 494 of 551 495 of 551 496 of 551 497 of 551 498 of 551 499 of 551 500 of 551 501 of 551 502 of 551 503 of 551 504 of 551 505 of 551 506 of 551 507 of 551 508 of 551 509 of 551 510 of 551 511 of 551 512 of 551 513 of 551 514 of 551 515 of 551 516 of 551 www.cityofevanston.org DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:448 Made with Evanston's GIS Printed: Sep 27, 2012 3:31:52 PM517 of 551 518 of 551 www.cityofevanston.org DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,790 Made with Evanston's GIS Printed: Sep 24, 2012 4:48:27 PM519 of 551 520 of 551 521 of 551 522 of 551 For City Council meeting of October 22, 2012 Item P5 Ordinance 72-O-12: Residential Building Height in R1, R2, R3, R4 and R4a Districts. For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Steve Griffin, Director, Community and Economic Development Department Dennis Marino, Manager, Planning and Zoning Division Melissa Klotz, Zoning Planner, Planning and Zoning Division Subject: Proposed Ordinance 72-O-12 Amending the Zoning Ordinance – Residential Building Height, Dormer Size and Location, Half Stories, Accessory Structure Height, and Legal Nonconformities in the R1, R2, R3, R4 and R4a Districts. Date: October 17, 2012 Recommended Action The Plan Commission and City staff recommend adoption of the proposed regulation changes for residential building height, dormer size and location, half stories, accessory structure height, and legal nonconformities in the R1-R4a Districts. Ordinance 72-O-12 has been revised per the Planning and Development Committee’s request to make any structure legally existing as of the effective date of this ordinance a legally permitted structure that is allowed to be rebuilt within the limitations cited in the ordinance. This ordinance was introduced at the October 8, 2012 City Council meeting. Summary The proposed regulations were discussed in a series of committee meetings with the Zoning Committee of the Plan Commission on June 13, 2012, July 18, 2012, and August 15, 2012 as well as with the Plan Commission on July 11, 2012 and September 12, 2012. The current regulations discussed are sometimes too restrictive and other times too permissive. Modifications to these regulations should be made that encourage appropriate building height and bulk so that structures cannot avoid the intent of the regulations, nor be overly limited by the regulations of these districts. The proposed regulations continue to allow diversity in design, but address the concerns that arise from homes that do not follow the intent of the Zoning Ordinance and utilize creative architecture to effectively add a third story that dwarfs neighboring properties that are intended to be limited to a height and bulk of 2 ½ stories. The proposed regulations will close loopholes and promote the intent of the Zoning Ordinance. Memorandum 523 of 551 The Plan Commission and City staff recommend the following proposal related to the height and bulk of residential structures. R1-R4a primary structures will be limited by a maximum peak height of 35’ or 2 ½ stories, whic hever is less. A half story will be defined as the portion of a building between a sloped roof and the top of the story below it. Gable and hip (attic style) roofs will be allowed to add a 3’ exterior knee wall, so that the relative bulk of all half stories, regardless of roof styles, are similar. Dormer regulations will be more limiting, but will only be applicable to half stories on a 2 ½ story home. Lot size will have no effect on the maximum allowed height of a structure. Accessory structure height will be limited to a maximum peak height of 20’ for sloped roofs, which will allow for appropriately sized garages like the current regulation, but will establish one uniform way of measuring height (through peak measurements instead of mean measurements). Finally, a rebuild clause is introduced to account for the existing structures that are legally nonconforming due to height. The rebuild clause allows for all structures located in a historic district, deemed a historic landmark, or over 50 years old t o be “grandfathered” in so that if such a structure is damaged or destroyed by natural causes, it may be rebuilt to the nonconforming height. These proposed regulation changes will not affect the majority of residential structures throughout the City. The impact of these regulation changes will be seen in structures that intend to maximize all possible buildable space on a lot and are currently allowed to dwarf neighboring properties. Height: The current height regulation for primary structures in the R1-R4a Districts is stated as 35’, or 2 ½ stories, whichever is less. The first concern with this existing regulation is that the height is measured by mean height, which is the average of the height of the highest point of a roof and the highest level where the plane of the roof intersects the plane of the outside wall below it. Basically, height is currently measured to half way up a sloped roof. With the current maximum height of 35’, a structure’s mean height could measure at 35’ with the peak height maximizing at 44’. The proposed regulation will instead measure to the peak height, so that the true maximum limit is 35’. 35’ provides ample space for a multitude of 2 ½ story home designs, including raised basements. The proposed regulation is: The maximum building height shall not exceed 35’, measured from grade to the highest point of said structure, or 2 ½ stories, whichever is less. Bulk: The second concern with this existing regulation is how a half story is defined and measured. The current regulation measures a half story as an area of livable space (meaning with a height of at least 7 ½’) that is no more than 60% of the floor below it. This makes it easy for all structures to add a half story, but often times that half story appears to look like a full story – because of added space that does not have the 7 ½’ height clearance, or because of the positioning of that 60% of area allowed, etc. A better way to regulate half stories is by altering the definition so that the true intent of what a half story is, is adhered to. The proposed half story definition is: 524 of 551 That portion of a building between a sloped roof that maintains a minimum 2:12 inch slope ratio, and the top of the story below it. Slope ratio is the ratio of the vertical rise of a sloped surface to its horizontal run (e.g., a surface that rises 2 inches within a run of 12 inches has a slope ratio of 2:12). This defines a half story to mean the attic-style space in a home, which is between a sloped roof and a full story. The slope ratio definition is added for clarity. The 2:12 inch ratio is used because that is the cutoff the building code uses to distinguish between sloped roofs and flat roofs. With this half story definition, a flat-roofed half story will not be allowed. The current 60% rule allows flat-roofed half stories, which end up looking like full third stories on homes. Three story flat-roofed residential structures may appropriately fit in certain neighborhoods without overshadowing or dwarfing other homes if they are designed a certain way on a lot of appropriate size for the structure, but since there are a multitude of variables for such a case, the variance process is the best way to allow height for flat- roofed structures above the first two stories. The proposed regulation will prohibit flat- roofed structures from building above the first two stories unless a true half story with a sloped roof is added, or a variance is obtained. With the proposed half story definition, certain roof styles will be more limited in the overall allowed bulk. By adding an allowable 3’ exterior knee wall to attic -style roofs (gable and hip), those roof styles that are most limited will gain livable space and appear to have an equal amount of bulk as other sloped roof styles (like gambrel and mansard). The result of the proposed height regulations is shown in the following images for different styles of sloped roofs. With the added knee-wall on gable and hip roofs, all residential structures will have the same relative potential maximum height and bulk (see images). Maximum 3’ exterior → knee-wall allowed only on attic-style roofs. 525 of 551 Gable (with knee-wall) Hip (with knee-wall) Gambrel Mansard Substandard Lots: There is a current regulation that limits the height of a home based on its lot size. If a lot is less than the required size for the zoning district it resides in, the following height reductions are implemented to the overall height of the structure: Lot Size (% of minimum required lot area) Maximum Building Height (measured currently by mean height) 80% to <100% 29.75 feet (15% reduction) 60% to 80% 28.00 feet (20% reduction) 50% to 60% 26.25 feet (25% reduction) The current regulations limit the amount of buildable space a substandard lot has vertically, while such a lot is already limited to a smaller building footprint due to the small lot size. This regulation can have the effect of limiting substandard lots to build small homes that cannot exceed 1 ½ or 2 stories. An adjacent lot that is not substandard would be able to build a larger home with a normal footprint size and maximize the building height at 35’ or 2 ½ stories, thus dwarfing the smaller home next door. The proposed recommendation by the Plan Commission and City staff is to remove the substandard lot height limitation, so that all residential properties have the same maximum buildable space and therefore the same bulk size. 526 of 551 Dormers: Dormers, which are structures that project from a slanted roof to accommodate a window, are currently regulated to control the bulk of a home. Dormers add architectural features to rooflines, and increase interior ceiling height to add more livable space through an existing roof pitch. The current regulation does not specify whether the dormer regulations should apply to all stories on a house, or only the top half story on a 2 ½ story home. The existing regulations allow for total side dormers to occupy no more than 50% of the length of a side wall, and no more than 30% of a front wall. The proposed regulation change will make the dormer regulations applicable only to the top half story on a 2 ½ story home since the bulk concern is an issue only when maximized (at that top half story). In other words, a 1 ½ story home should be allowed to add many dormers, since the dormers would effectively turn that half story into a full story and create a 2 story home. A 2 ½ story home should be limited in the amount of dormers allowed so that the half story remains with a true half story appearance. Also, since the dormer regulations will now only be applicable to the top half story on a 2 ½ story home, the regulations should be slightly more restrictive. The proposed regulation will allow total side dormers to occupy no more than 30% of the length of a side wall – which is the same as the current front wall dormer regulation. This change will help keep the top half story on a 2 ½ story home as a true half story, will help keep the relative bulk in line with other 2 ½ story residences, and will eliminate the possibility for large homes to add so many dormers that they dwarf neighboring homes. Accessory Structures: The current accessory structure regulations measure accessory structure (garages, sheds, etc.) height to the mean slope of the roof. The current regulation allows a maximum height of 14.5’ for flat roofs, and 17.5’ for sloped roofs. Since the height measurement for homes is proposed to change to a peak measurement, accessory structure height measurements should change as well. The proposed change will not affect flat roofs, since a mean measurement is the same as a peak measurement in such cases. The change to peak height for sloped roofs means there should be an adjustment to allow for the same sized structures (that are just measured a different way). A structure with a 17.5’ mean height typically has no more than a 20’ peak height. The proposed regulation change is to therefore allow access ory structures with a sloped roof to have a maximum peak height of 20’. There should be no visible change based on this regulation change. Nonconforming Structures: Evanston is a unique community that currently has a large amount of nonconforming structures. Most nonconforming structures exist because they were built prior to the current effective ordinances – some times over 100 years ago. The Zoning Ordinance currently allows property owners of nonconforming structures to request rebuild structures 527 of 551 from the Zoning Administrator. Each case is looked at on an individual basis, and the Zoning Administrator usually approves rebuild status for the nonconformity, should the structure be damaged or destroyed by natural events (wind, fire, storms, etc.). The proposed change will add a regulation to the Zoning Ordinance that grants automatic rebuild status to certain structures that are nonconforming due to height, so that the Zoning Administrator does not have to look at every structure on a case by case basis. This will also make it easier for homeowners of these nonconforming structures, who often run into paperwork problems with refinancing or purchasing nonconforming homes. The proposed regulation will automatically grant rebuild status to any structure that is legally nonconforming due to height that is located in a historic district, deemed a historic landmark, or over 50 years old. This means any such structure could legally rebuild to that same nonconforming height if damaged or destroyed by natural events. Attachments Proposed Ordinance 72-O-12 Resident Comment Plan Commission Draft Meeting Minutes 9.12.12 Zoning Committee of the Plan Commission Meeting Minutes 8.15.12 Zoning Committee of the Plan Commission Meeting Minutes 7.18.12 Plan Commission Meeting Minutes 7.11.12 Zoning Committee of the Plan Commission Meeting Minutes 6.13.12 528 of 551 10/8/2012 9/12/2012 72-O-12 AN ORDINANCE Amending Portions of the Zoning Ordinance Relating to Dormers and Building Height in the R1, R2, R3, R4, and R4a Zoning Districts WHEREAS, on June 13, July 11, July 18, August 15, and September 12, 2012, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 12PLND-0047 to consider various amendments to the text of Title 6 of the Evanston City Code of 1979, as amended (the “Zoning Ordinance”), relating to building height and dormer regulations in Residential zoning districts; and WHEREAS, the Plan Commission received testimony and made written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendments met the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meeting of October 8, 2012, the Planning and Development Committee of the City Council considered, amended, and adopted the findings and recommendation of the Plan Commission in case no. 12PLND-0047 and recommended City Council approval thereof, as amended; and WHEREAS, at its meetings of October 8 and October 22, 2012, the City Council considered and adopted the records and recommendations of the Plan Commission and as amended by the Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 529 of 551 72-O-12 ~2~ SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Subsection 6-8-2-9 of the Zoning Ordinance is hereby amended to read as follows: 6-8-2-9: MEAN MAXIMUM BUILDING HEIGHT: The maximum mean building height for any principal structure in the R1 district, including any exterior knee-wall, is shall not exceed thirty-five feet (35'), measured from grade to the highest point of said structure, or two and one-half (2½) stories, whichever is less, except as modified per the requirements found in table 4-B of Section 6-4-1-7 of this Title. Notwithstanding the foregoing, any building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof of Ordinance 72-O-12 and located in a historic district or more than fifty (50) years old, shall, for the purpose of the district and the requirements of this Zoning Ordinance, be deemed complying with the mean building height requirement and, with regards to height, shall have the status of legally permitted structure or use, not a legal noncompliance, and shall not be subject to or benefit from the allowances, restrictions and procedures of Chapter 6, "Nonconforming Uses And Noncomplying Structures", of this Title. Such conforming status shall continue in the event said building is removed or destroyed only if said removal or destruction is by a means not within the control of the owner thereof and shall allow for the construction of a replacement building or structure at the height of the removed or destroyed building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof. SECTION 3: Subsection 6-8-3-8 of the Zoning Ordinance is hereby amended to read as follows: 6-8-3-8: MEAN MAXIMUM BUILDING HEIGHT: The maximum mean building height for any principal structure in the R2 district, including any exterior knee-wall, is shall not exceed thirty-five feet (35'), measured from grade to the highest point of said structure, or two and one-half (2½) stories, whichever is less, except as modified per the requirements found in table 4-B of Section 6-4-1-7 of this Title. Notwithstanding the foregoing, any building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof of Ordinance 72-O-12 and located in a historic district or more than fifty (50) years old, shall, for the purpose of the district and the requirements of this Zoning Ordinance, be deemed complying with the mean building height requirement and, with regards to height, shall have the status of legally permitted structure or use, not a legal noncompliance, and shall not be subject to or benefit from the allowances, restrictions and procedures of Chapter 6, "Nonconforming Uses And Noncomplying Structures", of 530 of 551 72-O-12 ~3~ this Title. Such conforming status shall continue in the event said building is removed or destroyed only if said removal or destruction is by a means not within the control of the owner thereof and shall allow for the construction of a replacement building or structure at the height of the removed or destroyed building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof. SECTION 4: Subsection 6-8-4-8 of the Zoning Ordinance is hereby amended to read as follows: 6-8-4-8: MEAN MAXIMUM BUILDING HEIGHT: The maximum mean building height for any principal structure in the R3 district, including any exterior knee-wall, is shall not exceed thirty-five feet (35'), measured from grade to the highest point of said structure, or two and one-half (2½) stories, whichever is less, except as modified per the requirements found in table 4-B of Section 6-4-1-7 of this Title. Notwithstanding the foregoing, any building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof of Ordinance 72-O-12 and located in a historic district or more than fifty (50) years old, shall, for the purpose of the district and the requirements of this Zoning Ordinance, be deemed complying with the mean building height requirement and, with regards to height, shall have the status of legally permitted structure or use, not a legal noncompliance, and shall not be subject to or benefit from the allowances, restrictions and procedures of Chapter 6, "Nonconforming Uses And Noncomplying Structures", of this Title. Such conforming status shall continue in the event said building is removed or destroyed only if said removal or destruction is by a means not within the control of the owner thereof and shall allow for the construction of a replacement building or structure at the height of the removed or destroyed building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof. SECTION 5: Subsection 6-8-5-8 of the Zoning Ordinance is hereby amended to read as follows: 6-8-5-8: MEAN MAXIMUM BUILDING HEIGHT: The maximum mean building height for any principal structure in the R4 district, including any exterior knee-wall, is shall not exceed thirty-five feet (35'), measured from grade to the highest point of said structure, or two and one-half (2½) stories, whichever is less, except as modified per the requirements found in table 4-B of Section 6-4-1-7 of this Title. Notwithstanding the foregoing, any building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof of Ordinance 72-O-12 and located in a historic district or more than fifty (50) years old, shall, for the purpose of the district and the requirements of this Zoning Ordinance, be deemed complying with the mean building height requirement and, with 531 of 551 72-O-12 ~4~ regards to height, shall have the status of legally permitted structure or use, not a legal noncompliance, and shall not be subject to or benefit from the allowances, restrictions and procedures of Chapter 6, "Nonconforming Uses And Noncomplying Structures", of this Title. Such conforming status shall continue in the event said building is removed or destroyed only if said removal or destruction is by a means not within the control of the owner thereof and shall allow for the construction of a replacement building or structure at the height of the removed or destroyed building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof. SECTION 6: Subsection 6-8-6-8 of the Zoning Ordinance is hereby amended to read as follows: 6-8-6-8: MEAN MAXIMUM BUILDING HEIGHT: The maximum mean building height for any principal structure in the R4a district, including any exterior knee-wall, is shall not exceed thirty-five feet (35'), measured from grade to the highest point of said structure, or two and one-half (2½) stories, whichever is less, except as modified per the requirements found in table 4-B of Section 6-4-1-7 of this Title. Notwithstanding the foregoing, any building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof of Ordinance 72-O-12 and located in a historic district or more than fifty (50) years old, shall, for the purpose of the district and the requirements of this Zoning Ordinance, be deemed complying with the mean building height requirement and, with regards to height, shall have the status of legally permitted structure or use, not a legal noncompliance, and shall not be subject to or benefit from the allowances, restrictions and procedures of Chapter 6, "Nonconforming Uses And Noncomplying Structures", of this Title. Such conforming status shall continue in the event said building is removed or destroyed only if said removal or destruction is by a means not within the control of the owner thereof and shall allow for the construction of a replacement building or structure at the height of the removed or destroyed building or structure legally existing and conforming to the building height requirement of this district as of the effective date hereof. SECTION 7: Subsection 6-8-1-8 of the Zoning Ordinance, “Dormers” in the Residential Districts, is hereby amended to read as follows: 6-8-1-8: DORMERS: The following dormer requirements shall apply to all roof cuts on a pitched roof located above the second story: (A) Total side dormers shall occupy no more than fifty percent (50%) thirty percent (30%) of the length of a side wall; 532 of 551 72-O-12 ~5~ (B) A side dormer shall not be located within the twenty percent (20%) of the length of the side wall closest to the front facade; (C) A front dormer shall occupy no more than thirty percent (30%) of the length of the front building face. The dormer shall be located within the center sixty percent (60%) of the length of the front facade (i.e., a front dormer shall not be located within the twenty percent (20%) of the length of the front facade at either edge of the facade). SECTION 8: Subsection 6-4-1-7-(B) of the Zoning Ordinance is hereby amended to read as follows: (B) In any residential district, on a lot of record, on the effective date hereof, a single- family dwelling may be erected regardless of the size of the lot, provided all other requirements of this Code are in compliance. The following limitations on building height will apply, based on the extent of noncompliance with the lot size requirements for the district in which the property is located. This provision addresses the building height standard as measured in feet only. Table 4-B Reduction In Maximum Building Height For Substandard Lots In no case may the minimum lot area established be less than 50% of the required minimum lot area for the zoning district in which the property is located. However, W here two (2) or more contiguous, substandard, recorded, and undeveloped lots are in common ownership, and are of such size as to constitute at least one conforming “zoning lot,” such lots or portions thereof shall be so joined, developed, and used for the purpose of forming a conforming or more nearly conforming zoning lot or lots. SECTION 9: Subsection 6-4-6-2-(G) of the Zoning Ordinance is hereby amended to read as follows: Lot Size Reduction In Maximum Building Height Greater than 80 percent but less than 100 percent of the minimum required lot area 15 percent 60-80 percent of minimum required lot area 20 percent 50-60 percent of minimum required lot area 25 percent 533 of 551 72-O-12 ~6~ (G) No accessory building shall exceed fourteen and one-half feet (14½’) in height for a flat roof or mansard roof, or seventeen and one-half feet (17½’) twenty feet (20’) measured from grade to the highest point of said structure for all other roofs, except as otherwise provided for garages in Section 6-4-6-4 of this Chapter. SECTION 10: The portion of Section 6-18-3 of the Zoning Ordinance, “Definitions,” that defines “story, half,” is hereby amended to read as follows: STORY, HALF: The top story of a building under a sloping roof, provided the sum of all areas of the top story where the vertical clearance is seven and one-half feet (7½') or more does not exceed sixty percent (60%) of the area of the story immediately below it (as measured within the outer face of all exterior walls) That portion of a building between a sloped roof and the building’s top story or exterior knee-wall, if applicable. The minimum slope ratio of any roof above a half story shall be 2:12. SECTION 11: Section 6-18-3 of the Zoning Ordinance, “Definitions,” is hereby amended to include the following: KNEE-WALL, EXTERIOR: That portion of a building, with vertical walls, located between the top full story and a half story. Exterior knee-walls shall not exceed three feet (3’) in height. In order to allow for additional height while minimizing bulk, exterior knee-walls above the second story are not allowed except on buildings with gable or hip roofs. SLOPE RATIO: The ratio of the vertical rise of a sloped surface to its horizontal run (e.g., a surface that rises 2 inches within a run of 12 inches has a slope ratio of 2:12). SECTION 12: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 13: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 14: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 534 of 551 72-O-12 ~7~ SECTION 15: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2012 Adopted:___________________, 2012 Approved: __________________________, 2012 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 535 of 551 536 of 551 537 of 551 DRAFT – NOT APPROVED Page 1 of 3 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, September 12, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford, Barbara Putta, Seth Freeman, Patricia Ledesma, Scott Peters (Chair), Richard Shure, Members Absent: Kwesi Steele, David Galloway, Stuart Opdycke (Associate), Lenny Asaro Staff Present: Craig Sklenar, Ken Cox, Melissa Klotz, Dennis Marino Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:06 P.M. 2. APPROVAL OF AUGUST 8, 2012 MEETING MINUTES Commissioner Ford motioned for approval of the August 8, 2012 meeting minutes Commissioner Freeman seconded the motion. A voice vote was taken and the minutes were approved. 3. ZONING TEXT AMENDMENT 12PLND-0036 Consideration of the proposed text amendment to the Zoning Ordinance to discuss zoning regulations of Neighborhood Gardens. Melissa Klotz, Zoning Planner, provided a staff report concerning the proposed establishment of a definition for Neighborhood Gardens. Chairman Peters opened the discussion asking for a motion concerning the proposed text amendment. Commissioner Ford motioned to approve the proposed definition and provide a recommendation to City Council to approve this definition. Commissioner Putta seconded the motion A voice vote was taken, the motion passed 7-0. 4. ZONING TEXT AMENDMENT 12PLND-0036 538 of 551 DRAFT – NOT APPROVED Page 2 of 3 Plan Commission Minutes Consideration of the proposed text amendment to the Zoning Ordinance to discuss zoning regulations of Urban Farms and Rooftop Urban Farms. Commissioner Ford motioned to approve the proposed definition and provide a recommendation to City Council to approve this definition. Commissioner Freeman seconded the motion A voice vote was taken, the motion passed 7-0. 5. ZONING TEXT AMENDMENT 12PLND-0047 Consideration of the proposed text amendment to the Zoning Ordinance to discuss zoning regulations for Residential Building Height, Dormer Size and Location, Half Stories, Accessory Structure Height, and Legal Nonconformities in the R1, R2, R3, R4 and R4a districts. Melissa Klotz, Zoning Planner, provided a staff report concerning the proposed text amendment concerning Residential building height and bulk. Alderman Mark Tendam, 6th Ward, spoke in favor of the proposed legislation citing that the current zoning has created concerns in his neighborhood about the overdevelopment of residential lots that were not intended for larger homes. Resident Jeff Smith, 2724 Harrison, expressed his concerning over the proposed text amendment. His concerns included that the proposed text amendment would effectively allow third stories, that the new regulations will incentivize teardowns of currently affordable single-family homes in Evanston and will be replaced with larger structures that dwarf adjacent homes and that this could potentially have an environmental impact on the neighborhoods due to increase in power consumption and heating requirements. Mr. Smith provided to the Plan Commission a written statement that was entered into the record. Chairman Peters requested that staff add wording into the ordinance to describe the intent of the height regulation as it pertains to the height and bulk requirements. Commissioner Ford motioned to approve the proposed definition and provide a recommendation to City Council to approve this definition. Commissioner Putta seconded the motion A voice vote was taken, the motion passed 6-0, with Commissioner Ledesma Abstaining. 6. COMMITTEE REPORTS Craig Sklenar, General Planner, reminded commissioners that the Comprehensive Plan Subcommittee will convene Wednesday September 19, 2012 at 7:30AM. 7. ADJOURNMENT 539 of 551 DRAFT – NOT APPROVED Page 3 of 3 Plan Commission Minutes Commissioner Ford motioned for adjournment Commissioner Shure seconded the motion. The meeting adjourned at 8:30 P.M. Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, OCTOBER 10, 2012 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 540 of 551 DRAFT – NOT APPROVED Page 1 of 2 Evanston Zoning Committee of the Plan Commission Minutes MEETING MINUTES ZONING COMMITTEE OF THE PLAN COMMISSION Wednesday, August 15, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2404 Members Present: Jim Ford, Richard Shure (Chair), Patricia Ledesma Liebana, Scott Peters, Stuart Opdycke Members Absent: Kwesi Steele, Dave Galloway Staff Present: Melissa Klotz, Dennis Marino, Ken Cox Presiding Member: Richard Shure, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Shure called the meeting to order at 7:00 P.M. 2. MINUTES Approval of July 18, 2012 Zoning Committee of the Plan Commission Meeting Minutes: Commissioner Peters motioned for approval of the July 18, 2012 meeting minutes. Commissioner Liebana seconded the motion. A voice vote was taken and the minutes were approved as written. 3. OLD BUSINESS A) 12PLND-0036 TEXT AMENDMENT TO THE ZONING ORDINANCE Consideration of the proposed zoning text amendment to the Zoning Ordinance to discuss the regulation of Community/Neighborhood Gardens. Committee members discussed a slight change to the wording of the proposed definition of Neighborhood Gardens. Committee members decided incidental sales of produce should be allowed but not on site. Commissioner Peters motioned for approval of the proposed text amendment with the changes to the definition and sales of produce as discussed. Commissioner Ford seconded the motion. The motion was approved 5-0. B) 12PLND-0036 TEXT AMENDMENT TO THE ZONING ORDINANCE Consideration of the proposed zoning text amendment to the Zoning Ordinance to discuss the regulation of Urban Farms 541 of 551 DRAFT – NOT APPROVED Page 2 of 2 Evanston Zoning Committee of the Plan Commission Minutes Committee members discussed a slight change to the wording of the proposed definition of Urban Farms and Rooftop Urban Farms. Commissioner Liebana motioned for approval of the proposed text amendment with the changes to the definitions as discussed. Commissioner Ford seconded the motion. The motion was approved 5-0. C) 12PLND-0047 TEXT AMENDMENT TO THE ZONING ORDINANCE Consideration of the proposed zoning text amendment to the Zoning Ordinance to discuss the zoning regulations for residential building height and dormer size in the R1, R2 and R3 districts. Committee members discussed a slight change to the wording of the nonconformity clause. Commissioner Ford motioned for approval of the proposed text amendment with the change discussed. Commissioner Opdycke seconded the motion. The motion was approved 5-0. 4. NEW BUSINESS 5. ADJOURNMENT Commissioner Ford motioned to adjourn. Chairman Shure seconded the motion. The meeting adjourned at 7:50 PM. The next meeting of the Zoning Committee of the Plan Commission will be Wednesday, September 19, 2012 at 7:00 P.M., in the Lorraine H. Morton Civic Center, 2100 Ridge Avenue. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 542 of 551 DRAFT – NOT APPROVED Page 1 of 3 Evanston Zoning Committee of the Plan Commission Minutes MEETING MINUTES ZONING COMMITTEE OF THE PLAN COMMISSION Wednesday, June 13, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford, Richard Shure (Chair), Seth Freeman, Patricia Ledesma Liebana, Dave Galloway, Scott Peters Members Absent: Kwesi Steele Staff Present: Melissa Klotz Presiding Member: Richard Shure, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Shure called the meeting to order at 7:10 P.M. 2. MINUTES Approval of June 13, 2012 Zoning Committee of the Plan Commission Meeting Minutes: Commissioner Freeman motioned for approval of the June 13, 2012 meeting minutes. Commissioner Ford seconded the motion. A voice vote was taken and the minutes were approved as written. 3. OLD BUSINESS A.) 12PLND-0032 TEXT AMENDMENT TO THE ZONING ORDINANCE Consideration of the proposed zoning text amendment to the Zoning Ordinance to discuss the regulation of massage and bodywork establishments. Zoning Planner Melissa Klotz explained the updated proposal, and clarified that every massage/bodywork establishment will be required to obtain a City business license, and every worker must either be licensed by the state or obtain a worker’s license from the City. Tracy Smodilla supported the recommended approach but wanted the City to use a different term than “license” to distinguish between the City license and state license. She recommended using the word “registration”. Steve Rogne also supported use of the term “registration” because bodyworkers are currently seeking state licensure and this language change would clarify the difference between the City and state. 543 of 551 DRAFT – NOT APPROVED Page 2 of 3 Evanston Zoning Committee of the Plan Commission Minutes Steve Albertson asked if the difference would be distinguished between Licensed Massage Therapists and bodyworkers on the license. Attorney Ken Cox explained that the difference will be explained in the license, because the City cannot license Licensed Massage Therapists since the state already does. Commissioner Ford motioned for approval. Commissioner Freeman seconded the motion, which was approved 6-0. B.) 12PLND-0036 TEXT AMENDMENT TO THE ZONING ORDINANCE Consideration of the proposed zoning text amendment to the Zoning Ordinance to discuss the regulation of Community Gardens. Committee members agreed Community Gardens should be allowed uses rather than special uses, but they should be licensed with certain regulations. Attorney Ken Cox noted that the Parks & Recreation Department regulates and oversees public land where there currently are a few Community Gardens, but they cannot oversee private land. John Gareth Proctor explained that he has a lot of experience with creating Community Gardens throughout Chicago. They are permitted as of right, are not licensed, but it is necessary to discuss the plans with the Police Department to ensure the layout does not create issues for the police. The Committee felt the special use process would be appropriate in the downtown area, and Community Gardens should be allowed in all other districts. Mr. Proctor added that Community Gardens are well cared for because so many people are involved and there is a sense of pride. Commissioner Peters motioned to refer Community Gardens back to staff so that a registration permit with specific regulations could be created. The motion was seconded by Commissioner Steele and approved 6-0. C.) 12PLND-0036 TEXT AMENDMENT TO THE ZONING ORDINANCE Consideration of the proposed zoning text amendment to the Zoning Ordinance to discuss the regulation of Urban Farms. Mr. Proctor explained that rooftop farms have expensive startup costs because a structural engineer must be consulted since dirt and water are heavy. Commissioner Peters asked staff to look into the building code to ensure anything done on a rooftop related to Urban Farms would be covered by code, would be safe, and would be adequately reviewed by City staff. Commissioner Ford motioned to approve the definition of Urban Farm and Rooftop Farm. The motion was seconded by Commissioner Galloway and approved 6-0. 544 of 551 DRAFT – NOT APPROVED Page 3 of 3 Evanston Zoning Committee of the Plan Commission Minutes Commissioner Peters motioned to approve Urban Farms and Rooftop Farms as special uses in all districts other than residential. The motion was seconded by Commissioner Freeman and approved 6-0. The issue was referred back to staff to find specific language in the building code that will ensure proper safety measures are taken for Rooftop Farms, and to create height regulations for accessory structures that may be used on Rooftop Farms. D.) 12PLND-0047 TEXT AMENDMENT TO THE ZONING ORDINANCE Consideration of the proposed zoning text amendment to the Zoning Ordinance to discuss the regulations for residential building height and dormer size in the R1, R2 and R3 districts. Committee members deliberated the proposed regulation changes. Commissioner Ford noted that you cannot control bulk without discussing aesthetics, which is problematic. Commissioner Peters suggested staff obtain pictures of specific residences around Evanston and display before and after images of how the proposed regulations would or would have affected those properties. Commissioner Peters motioned to continue the proposed text amendment to the next Zoning Committee meeting. The motion was seconded by Commissioner Freeman and approved 6-0. 4. NEW BUSINESS 5. ADJOURNMENT Commissioner Peters motioned to adjourn. Commissioner Ledesma Liebana seconded the motion. The meeting adjourned at 10:05 PM. The next meeting of the Zoning Committee of the Plan Commission will be Wednesday, August 15, 2012 at 7:00 P.M., in the Lorraine H. Morton Civic Center, 2100 Ridge Avenue. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 545 of 551 APPROVED Page 1 of 4 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, July 11, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford, Seth Freeman, Kwesi Steele, Patricia Ledesma, Scott Peters (Chair), Richard Shure, Lenny Asaro, Barbara Putta, Stuart Opdycke (Associate) Members Absent: David Galloway Staff Present: Craig Sklenar, Ken Cox, Melissa Klotz, Dennis Marino Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Peters called the meeting to order at 7:05 P.M. 2. APPROVAL OF MAY 09, 2012 MEETING MINUTES Commissioner Ford motioned for approval of the June 20, 2012 meeting minutes Commissioner Ledesma seconded the motion. Commissioner Freeman motioned to amend the minutes to reflect the opposition of himself and Commissioner Ledesma to the proposed zoning map amendment for the property at 2635 Crawford Avenue. Commissioner Ledesma seconded the motion. A voice vote was taken and the amendment was approved. A voice vote was taken and the minutes were approved. 3. PLANNED DEVELOPMENT 12PLND-0051 1211 CHICAGO AVENUE (TRADER JOE’S) Scott Gendell, representative for Gendell/WNB, LLC, developer of the proposed project, applies for a Planned Development to construct a 13,000 square foot grocery store to be operated by Trader Joe’s, on a parcel of land totaling 48,400 sqaure feet in size. 6-10-1-9 (D-1) of the Municipal Code requires all proposed developments with a zoning lot over 30,000 square feet to apply for a Planned Development. The Plan Commission is a recommending body to the City Council. City Council is the determining body in this case. Chairman Peters provided an introduction to the planned development process and procedures for the hearing. 546 of 551 APPROVED Page 2 of 4 Plan Commission Minutes Craig Sklenar, General Planner provided a staff report of the proposed Planned Development at 1211 Chicago Avenue and read into the record the documents provided by the applicant and current written public comment. Scott Gendell, Terraco, presented to the Plan Commission their proposed planned development for 1211 Chicago to build a 13,000 sq. ft. retail structure with 81 parking spaces for the use of Trader Joe’s grocery store. The Development allowances requested by the Applicant are a 3’-9” setback on the north side of the property in lieu of a required 5’-0” setback and a 1’-0” setback on the south side of the property in lieu of a 5’-0” setback as required by section 6-10-2-8(E) of the Municipal Code. Commissioner Asaro requested of the applicant to provide both a final traffic study instead of the included draft study to the commission and to provide testimony that addresses 6-3-5-10(D) of the Municipal Code that concerns property valuation and the development’s effect on the surrounding properties. Citizens expressed opposition to elements of the proposed site plan and concerns about the new development in general. These items included: - Truck deliveries and times of deliveries - Sign lighting past store hours (would like the sign turned off at 9PM when store closes) - Style of fence structure along the alley – would like a mason wall instead of board-on-board fencing as proposed - Traffic issues entering/exiting the site in conjunction with two other grocery stores in near proximity - Garbage Collection off the alley – would like collection handled on site Citing issues that needed further refinement and the request of additional testimony, Commissioner Freeman motioned to continue the hearing to the August 8, 2012 meeting of the Plan Commission Commissioner Ledesma seconded the motion. A voice vote was taken. The hearing concerning case 12PLND-0051 will continue August 8, 2012 at 7PM in City Council Chambers. 4. ZONING TEXT AMENDMENT 12PLND-0036 Consideration of the proposed text amendment to the Zoning Ordinance to discuss the regulation of aquaponics. Melissa Klotz, Zoning Planner, provided a staff report concerning the proposed text amendment to the Zoning Ordinance addressing regulations for aquaponics. Commissioner Freeman motioned to amend the proposed definition to read: “Aquaponics: The symbiotic propagation of plans and fish in an indoor or outdoor recirculating environment that may intends result in the harvest of said plants and or fish.” Commissioner Putta seconded the motion. 547 of 551 APPROVED Page 3 of 4 Plan Commission Minutes A voice vote was taken, the amendment was approved. Commissioner Freeman motioned to approve a favorable recommendation to the City Council for the proposed zoning text amendment to provide regulations for Aquaponics Commissioner Steele seconded the motion. A voice vote was taken, the motion passed unanimously. 5. ZONING TEXT AMENDMENT 12PLND-0047 Consideration of the proposed text amendment to the Zoning Ordinance to discuss the zoning regulations for residential building height and dormer size in the R1, R2 and R3 districts. Melissa Klotz, Zoning Planner, presented proposed language for a text amendment to the zoning ordinance that would amend regulations for residential building height and dormer size in the R1, R2 and R3 districts. Commissioner Peters expressed concerned that the proposed amendment would create more legal non-conforming buildings than desired. Citing the need for more refinement and research, Commissioner Freeman motioned to refer the matter back to the Zoning Committee of the Plan Commission to provide further review and revision. Commissioner Putta seconded the motion. A voice vote was taken, the motion passed unanimously. This matter will be sent back to the Zoning Committee of the Plan Commission. 6. COMMITTEE REPORTS Craig Sklenar, General Planner, reminded commissioners that the Comprehensive Plan Subcommittee will convene Wednesday July 18, 2012 at 7:30AM. 7. ADJOURNMENT Commissioner Ledesma motioned for adjournment Commissioner Freeman seconded the motion. The meeting adjourned at 10:32 P.M. The next regular Plan Commission meeting is scheduled for WEDNESDAY, AUGUST 08, 2012 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 548 of 551 APPROVED Page 4 of 4 Plan Commission Minutes Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, AUGUST 08, 2012 at 7pm in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 549 of 551 APPROVED Page 1 of 2 Evanston Zoning Committee of the Plan Commission Minutes MEETING MINUTES ZONING COMMITTEE OF THE PLAN COMMISSION Wednesday, June 13, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Room 2402 Members Present: Jim Ford, Kwesi Steele, Stuart Opdycke (Assoc.), Richard Shure (Chair), Seth Freeman Members Absent: Dave Galloway, Scott Peters Staff Present: Melissa Klotz, Dennis Marino Presiding Member: Richard Shure, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM With a quorum present, Chairman Shure called the meeting to order at 7:10 P.M. 2. MINUTES Approval of May 16, 2012 Zoning Committee of the Plan Commission Meeting Minutes: Commissioner Ford noted that he should be listed as absent from the May 16, 2012 meeting. Commissioner Freeman motioned for approval of the May 16, 2012 meeting minutes as amended. Commissioner Steele seconded the motion. A voice vote was taken and the minutes were approved as written. 3. OLD BUSINESS 4. NEW BUSINESS A.) 12PLND-0047 TEXT AMENDMENT TO THE ZONING ORDINANCE Consideration of the proposed zoning text amendment to the Zoning Ordinance to discuss the zoning regulations for residential building height and dormer size in the R1, R2 and R3 districts. Zoning Planner Melissa Klotz explained that the current residential height regulations in the R1, R2 and R3 districts provides loopholes that allow new residences, or additions to residences, to be built that appear to be three full stories and dwarf neighboring properties and anger adjacent property owners. These loopholes need to be addressed to prevent further 3 story homes from being built since the intent of the regulation is a 2.5 story maximum. Changes to the regulations include changing the maximum 35’ mean height to peak height, elimination of the substandard lot height limitations, elimination of the 60% rule for half stories and the creation of a new half story definition based on attic-style half 550 of 551 APPROVED Page 2 of 2 Evanston Zoning Committee of the Plan Commission Minutes stories with 3’ knee walls, clarification of slope ratio, and further restriction of dormer size. The Commissioners deliberated and determined the proposed regulation changes will aid in keeping with the intent of the Zoning Ordinance. Commissioner Freeman motioned to recommend approval of the proposal to the Plan Commission with an ordinance drafted by the City’s Legal Department. Commissioner Ford seconded the motion. A voice vote was taken and the motion was approved. 5. ADJOURNMENT Commissioner Opdycke motioned to adjourn. Commissioner Ford seconded the motion. The meeting adjourned at 7:45 PM. The next meeting of the Zoning Committee of the Plan Commission will be Wednesday, July 18, 2012 at 7:00 P.M., in the Lorraine H. Morton Civic Center, 2100 Ridge Avenue. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 551 of 551