Loading...
HomeMy WebLinkAbout11.20.23AGENDA Special City Council Meeting Monday, November 20, 2023 Lorraine H. Morton Civic Center 5:30 PM Join Zoom Meeting https://us06web.zoom.us/j/86548964332?pwd=PqFIGUlkJEkES5UmfXKQKzTj4K3C1t.1 Meeting ID: 865 4896 4332 Passcode: 252396 Those wishing to make public comments for this City Council meeting may submit written comments in advance or sign up to provide public comment by phone or video during the meeting by completing the City Clerk's Office's online form at www.cityofevanston.org/government/city-clerk/public-comment-sign-up or by calling/texting 847-448-4311. Community members may watch the City Council meeting online at www.cityofevanston.org/channel16 or on Cable Channel 16 The City of Evanston is committed to making all public meetings accessible to persons with disabilities. Any citizen needing mobility or communications access assistance should contact 847-866-2919 (Voice) or 847-866-5095 (TTY). Requests for access assistance must be made 48 hours (two working days) in advance. Requests received with less than 48 hours (two working days) advance notice will be attempted using best efforts, but cannot be guaranteed. (I)ROLL CALL - COUNCILMEMBER KELLY Page 1 of 237 (II)PUBLIC COMMENT Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Public comments will be noted in the City Council Minutes and become part of the official record. Those wishing to speak should sign their name and the agenda item or non-agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. (III)SPECIAL ORDERS OF BUSINESS SP1.Ordinance 107-O-23, Amending Section 6-15-7-2 of the City Code “Permitted Uses” in the U2 University Athletic Facilities District 107-O-23 ordinance denial of Commission Use Land recommends Amending Section 6-15-7-2 of the City Code “Permitted Uses” in the U2 University Athletic Facilities District. For Action Ordinance 107-O-23, Amending Section 6-15-7-2 of the City Code “Permitted Uses” in the U2 University Athletic Facilities District 4 - 106 SP2.a Planned for Special a Granting Use 108-O-23, Ordinance Development for a Stadium on Property Located at 1501 Central Street in the U2 University Athletic Facilities District with Land Use Commission recommends approval conditions of ordinance 108-O-23 granting a Special Use for a Planned Development for a Stadium on Property Located at 1501 Central Street in the U2 University Athletic Facilities District. For Action Ordinance 108-O-23, Granting a Special Use for a Planned Development for a Stadium on Property Located at 1501 Central Street 107 - 192 Page 2 of 237 SP3.Resolution 87-R-23, Authorizing the City Manager to Sign the Memorandum of Understanding with Northwestern University Staff recommends approval of Resolution 87-R-23 authorizing the City Manager to execute a Memorandum of Understanding with Northwestern University. For Action Resolution 87-R-23, Authorizing the City Manager to Sign the Memorandum of Understanding with Northwestern University 193 - 237 (IV)CALL OF THE WARDS (Councilmembers shall be called upon by the Mayor to announce or provide information about any Ward or City matter which a Councilmember desires to bring before the Council.) {Council Rule 2.1(10)} (V)ADJOURNMENT Page 3 of 237 Memorandum To: Honorable Mayor and Members of the City Council From:Meagan Jones, Neighborhood and Land Use Planner CC:Sarah Flax, Community Development Director; Elizabeth Williams, Planning Manager Subject:Ordinance 107-O-23, Amending Section 6-15-7-2 of the City Code “Permitted Uses” in the U2 University Athletic Facilities District Date: November 20, 2023 Recommended Action: Land Use Commission recommends denial of ordinance 107-O-23 Amending Section 6-15-7- 2 of the City Code “Permitted Uses” in the U2 University Athletic Facilities District. CARP: N/A Council Action: For Action Summary: Northwestern University requests a Text Amendment to the Zoning Ordinance, Section 6-15- 7-2 Permitted Uses, to modify the list of permitted uses in the U2 University Athletic Facilities District and conditions required for public-facing concerts. No changes are proposed to the U2 district boundaries. Per the City's Zoning Ordinance, the U2 University Athletic Facilities District "is intended to permit the utilization of university facilities within the district in a manner that is compatible with the surrounding development, which is predominantly residential." The U2 District is currently applied north of Central Street to the City limits, between Ashland Avenue to the west and University property west of Asbury Avenue to the east. This zoning district encompasses Ryan Field, Drysdale Field, Miller Park, Welsh-Ryan Arena, Trienens (Athletic) Performance Center, and Anderson Hall. The applicant is requesting the text amendment to clarify the types of community events permitted and to allow for up to 6 public-facing, full-capacity concerts. Specifically, the applicant is requesting the following changes: SP1.Page 4 of 237 Current Language Proposed Language Explanation The following uses shall be considered permitted uses conducted in when association with the above- permitted uses: Eliminate language Remove ambiguity about what uses are "conducted in above-with association an permitted use" and allow for the use of facilities in the U2 district by the community. Intramural and intercollegiate sports and athletic events and practice therefor. Intramural, intercollegiate, or amateur sports and athletic events and practice therefor. amateur Clarify that other sports events are allowed in addition school or to high college athletics, such as Olympic trials or competitions, 7 on 7 football games, college pro days/combines, and Special Olympics events. Band playing and practice in connection the above with events. Band playing and practice in connection another with permitted use. Clarify that band playing and practice allowed are in any other with connection permitted use, not simply the ones listed above. New Section Outdoor lectures, speakers, non-musical festivals, social events and other community or cultural events, and musical performances in conjunction the with or associated foregoing (which shall require loudspeaker permits from the City noise any for amplification), hosted by the University and City or designed for the University or local community, provided that the capacity for such events is no greater than 7,500, and no more of days 60 than programming occurs annually. Such events shall not include any outdoor plaza rentals to organizations not affiliated with the University or City. Add a new section allowing for smaller community events in the that District U2 are sponsored by the University or City, to primarily intended allow for the use of the new Ryan the by plazas Field community. Luncheons, dinners, and dining room facilities in a stadium provided that attendance is limited to the seating capacity of the facilities. Banquet halls, including breakfasts, luncheons, dinners, meetings, and dining room facilities, provided that attendance is limited to the capacity of the specific facilities. Allow for other dining/private event uses, including philanthropic events, weddings, birthdays, etc. Off-street parking for hospital employees and for university students and employees. Off-street parking for hospital employees and for university students, employees, guests, Add "guests and invitees" as allowed the off-street in parking. Page 2 of 103 SP1.Page 5 of 237 and invitees. (provided Temporary event they are of a community or cultural nature and further provided they meet the conditions listed below): Community and cultural events of a nonprofit nature intended primarily for the City and of residents amateur athletic events shall be permitted provided that the following conditions are met: Sponsors of temporary the event shall obtain a certificate of compliance zoning pursuant to Section 6-4-8-2 of this Title. Public-facing concerts (provided they meet the conditions listed below): Clarify and simplify the type of capacity events are that the eliminate and allowed requirement of a certificate of zoning as compliance, operationally, required in order to book acts in advance. Note: The requirement of meetings coordinating with City staff will be included in an MOU between Evanston and Northwestern. Attendance at such events is limited thousand to ten (10,000) persons or less. Attendance at such events is limited to the capacity of the facility. Allow for events up to the capacity of the respective facility. Adequate university parking is available and is provided to all persons attending the event. A coordinated Transportation Management Plan be shall submitted to the City Manager or its designee. Provides for required parking to be the by governed approved Planned Development and a Traffic will that Plan Management cover the utilization of off-site parking, alternate modes of transportation, the provision for closure of streets, and other topics. Private security is provided for those parking areas utilized. Private security is provided for University-owned parking areas utilized. Clarify that private security is only required for University- owned parking areas (or as established Traffic by the Management Plan). Adequate provision of traffic- control devices at no City expense, including personnel, shall ensure to provided be the free flow of traffic and the security and said of safety traffic flow Reasonable provision of multi- modal traffic-control devices at no City expense, including personnel, shall be provided to of flow free the ensure pedestrian, bike, and vehicular traffic and the security and safety of said traffic flow. Enhance requirement to include "multi-modal" traffic control, including pedestrian and bicycle traffic. No more than seven (7) such events shall be held in any calendar in any year one facility, and each such event shall not (5) five exceed consecutive days in duration. There shall be no more than six (6) total days of such events in any calendar year within the U2 setup excluding district, Such events and takedown. shall not occur on the same Establish the number of (6) six permitted as events total across the entire district. Prohibit full-capacity two events occurring simultaneously at Ryan Field and Welsh-Ryan Arena. Page 3 of 103 SP1.Page 6 of 237 date as other full-capacity events at the stadium or fieldhouse. not may trailers Tractor remain running while parked on the public street or in off- street parking areas. in idle only may Vehicles approved designated areas on private property. Expand "tractor-trailers" to all vehicles and allow for idling on private property but only in designated areas. Note: Idling on public streets is restricted by Evanston idling code. New Section be music may Concert amplified during the hours of 10:00 am through 10:00 pm on Sundays through Thursdays (subject to the following) and during the hours of 10:00 am through 10:15 pm on Fridays, Saturdays, and days preceding national holidays and school legal holidays enumerated in 105 ILCS 5/24- 2, as permitted special for events pursuant to Section 9- 5-20 associated and any required permits shall be issued. Add event hours more restrictive than proposed noise ordinances and practice be to common restricted after 10:00 pm on school nights and 10:15 pm other nights. New Section Any uses not outlined herein shall require approval by the City's Special Events Committee. Clarify involvement of the City's Special Events Committee. The applicant provided a traffic study that analyzed the proposed uses and potential impacts on the surrounding area (specific to concerts). It emphasized the reduction in the maximum number of spectators in the stadium from 47,000 to 35,000 (likely less for events other than football games), access to public transit options, use of ride-share options, and continued use of shuttle services to other parking areas within the City as is currently done for football games. The full study is included as an attachment to this memorandum. The staff has raised concerns regarding parking and traffic circulation surrounding the stadium based on the applicant's proposal. The projected reduction in the level of service of adjacent streets will require the implementation of the proposed mitigation measures outlined in the traffic study. In addition, the proposed traffic management plan should account for the specific impacts associated with the various events proposed to be held in the U2 zoning district. Furthermore, based on public testimony during the Land Use Commission, staff has outlined additional provisions the City Council could consider incorporating into the text amendment to further mitigate potential parking and traffic impacts. An environmental assessment review (sound study) was also submitted, which concentrated on the sound that would be generated by concerts. It was noted that the new stadium design Page 4 of 103 SP1.Page 7 of 237 elements are intended to reduce sound compared to the open nature of the current stadium. The sound study expects that combined with lower stadium capacity; there will ultimately be less sound exposure to the residential properties surrounding the stadium compared to what is currently experienced during football games. The Department of Community Development contracted with Interwest to conduct a review of the sound study, and additional sound mitigation measures were proposed and are included as conditions of approval within the applicant's separate planned development application. Similar to the above, based on public testimony during the Land Use Commission, the Department has outlined additional provisions the City Council could consider incorporating into the text amendment to further mitigate potential sound impacts. The applicant has provided a Letter of Intent (LOI) for a Memorandum of Understanding (MOU), which would outline the use of City services, tailgating standards, coordination meetings, elements to be included in a security plan, sustainability plan, traffic management plan, concert operations plan, standards for alcohol controls, requirements for advanced notice of events, community input, and a description of public benefits. Since submitting the LOI, the applicant has also provided a draft of the referenced MOU for the City Council's consideration. Staff anticipates the MOU provided by the applicant will require additional negotiation between the City of Evanston and Northwestern University as it currently represents the applicant's suggested terms. The Land Use Commission held a public hearing regarding the proposed text amendment on September 6, 2023, September 27, 2023, and October 11, 2023, the minutes for which are included as attachments. Public testimony and evidence were provided, including a commissioned acoustic review from ARUP of the applicant's environmental assessment review and a land valuation analysis from CohnReznick (available on pages 42 and 322 of the September 6, 2023, public comment addendum). The Commission found the standards of approval for the text amendment to not be met and recommended denial (2-7). The Commission expressed that there was a lack of proof that concerts were needed to cover the cost of maintaining the proposed stadium and voiced concerns regarding traffic circulation and parking availability for the increased events. Chair Rodgers proposed additional changes to the proposed text amendment and requested they be included as an attachment for City Council consideration. On October 25, 2023, the applicant provided a letter proposing changes to the Land Use Commission's recommended conditions outlined in the attached Ordinance. The applicant's proposed changes include: Clarify the timing of the traffic management plan from prior to completion of demolition to prior to the first event. Due to the coordination and details involved, the applicant indicates the change in timing would provide more up-to-date information, though an alternative could also be to require the plan prior to completion of construction. The Department does note that traffic management associated with the proposed demolition and construction of the stadium would be handled and discussed within the Construction Management Plan, which is required prior to permit issuance. Adjustments to the noise mitigation measures to align with the suggested by the Environmental Assessment Review: Page 5 of 103 SP1.Page 8 of 237 o Specifying that proposed mitigation measures will be explored with the exception of a roof/dome for the stadium, which has not been reviewed as part of the submitted planned development plans. o Clarifying that concert events would likely use sound systems other than the PA system mentioned within the staff report conditions. o Recommending that sound mitigation measures and details be included in the concert operations plan and limit average noise levels at property lines to 40- 80dbA for any event. Stating that all of the applicant's proposed traffic and pedestrian mitigation measures were included in the submitted traffic study. A commitment to providing 10% on-site EV charging stations and further discussion on additional stations or other alternatives to having 40% EV-ready parking spaces. Remove the added condition to continue community engagement as it relates to additional above-grade and below-grade parking, specifically the possible construction of a parking structure. The applicant indicates that previous discussions with neighbors suggested that a parking structure on-site was not desired on the parking lots, and discussion by the Land Use Commission included a point that a parking structure on the site could increase vehicle traffic and circulation in the area. The full letter is included as an attachment below. Should the City Council agree to the applicant's requested changes to the proposed conditions, an amendment will need to be made to the Ordinance. Additional Document Links: Application Application Information 8.18.23 Current Proposed Language Economic Impact Study Traffic Impact Study Environmental Assessment Review Legislative History: City Council - October 30, 2023: The City Council held a special meeting where it received input from the public, reviewed and considered the findings and recommendations of the Land Use Commission, and heard testimony from the applicant and staff regarding the proposed text amendment. City Council voted 5-4 to approve this item for introduction with amendments as clarified within the alternatives section below and incorporated into the attached updated ordinance. Land Use Commission – October 11, 2023: The applicant provided a rebuttal to statements provided at the previous meeting and responded to questions previously asked by members of the public and additional questions from the Commission. The Commission voted 2-7 on the motion to recommend approval of the proposed text amendment. Link to Meeting Packet Page 6 of 103 SP1.Page 9 of 237 Land Use Commission – September 27, 2023: The Commission heard public comment and testimony in addition to presentations from groups and individuals who had requested continuances at the previous meeting. Link to Meeting Packet Land Use Commission – September 6, 2023: The applicant provided a presentation on their proposal, followed by questions from the Land Use Commission. Continuances were requested by various members of the public and were granted to the September 27, 2023 meeting. Link to Meeting Packet Ordinance 107-O-23 was tabled to the Special City Council meeting on November 20, 2023, at the November 13, 2023, City Council meeting. A proposed amended Ordinance 107-O-23 is attached to add a condition to limit attendance at the Public Concerts to 28,500 attendees. Alternatives: Based on public testimony during the Land Use Commission meetings and subsequent amendments to the alternatives suggested by staff and Council relating to the mitigation of potential land use impacts associated with sound, parking, traffic circulation, and public safety, the following additional provisions within the proposed text amendment to the U2 District are proposed to be included in Ordinance 107-O-23: 1. An administrative process that includes mandatory logistics meetings between the City of Evanston and Northwestern before each concert event shall be required. This meeting should also include relevant agencies & concert staff that will support the implementation of the transportation management and concert operations plans. 2. Additional standards, enforcement, and penalty provisions should be added to the U2 Zone as outlined below. 3. Add a provision to the U2 DIstrict that clarifies if a concert is delayed or canceled due to weather or force majeure (including illness or pandemic), the concert may be rescheduled in the same calendar year without counting as an additional concert towards the 6 concert maximum. 4. Add a provision to the U2 District that establishes authority for the Mayor to grant a waiver in the case of a delay due to weather or force Majeure (including illness or pandemic) to the additional standards, enforcement, and penalty provisions below. Sound Standard 1. Sound levels during concert events shall not exceed an average of 80 dba at specified locations. 2. Curfew: All sound systems shall be off by 10:00 p.m. Sunday through Thursdays & 10:15 p.m. Fridays, Saturdays, and days preceding national holidays and legal school holidays enumerated in 105 ILCS 5/24-2. No evening concerts shall be permitted Sunday through Thursday from Labor Day to Memorial Day without specific approval from the City as specified within the Memorandum of Understanding. Enforcement: A noise monitoring system shall be installed by Northwestern at the property line surrounding the stadium and within 1,000 feet throughout the adjacent residential neighborhoods. The Evanston Police Department shall receive the output and monitor for compliance. The location of the noise monitoring system and ongoing maintenance and calibration shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Page 7 of 103 SP1.Page 10 of 237 Penalty: Violation of the sound limitation and curfew standards shall result in the penalties outlined below. Standard Penalty Sound Level $50,000 per event Curfew $0 (0-15 minutes over) $30,000 (15:01-16:00 minutes over) $30,000 + $2,000/minute or fractional minute beyond 16 minutes *For example, an event ending at 10:32:13 on a Friday would receive a $34,000 penalty ($30,000 + (2 X $2,000) = $34,000) Parking Standard 1. Northwestern shall provide two parking officials to monitor parking before, during, and after events. Enforcement: Two parking enforcement staff shall be provided by the City for events at Northwestern's expense. The City of Evanston shall document the number of parking tickets within 1,000 feet of the U2 zone before, during, and after each event and provide a report to Northwestern. If parking tickets associated with concerts exceed the baseline average by more than 50%, additional parking officials may be required as part of the concert operations plan at Northwestern's expense. The baseline parking tickets shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the parking standard for not providing minimum staffing, as detailed above, shall result in a $25,000 penalty per event. Traffic Standard: A coordinated Transportation Management Plan shall be submitted to the City or its Designee. 1. Intersections within 1,000 feet shall return to baseline traffic counts within 1 hour of the end of a concert event. Enforcement: Traffic counters & police personnel shall be supplied at Northwestern's expense and deployed by the City of Evanston before, during, and after events to evaluate traffic counts. The location of traffic counters, timing of deployment, and baseline traffic counts shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the traffic standard shall result in a $25,000 penalty per event. Public Safety & Nuisance Standard 1. Northwestern shall provide three police officers or private security personnel, approved by the City, to address potential public safety impacts before, during, and after concert events. Page 8 of 103 SP1.Page 11 of 237 Enforcement: Three police officers or private security personnel approved by the City shall be provided at Northwestern's expense. The City of Evanston shall document the number of substantiated 911 calls within 1,000 feet of the U2 zone before, during, and after each event and provide a report to Northwestern. If substantiated 911 calls associated with concerts exceed the baseline average by more than 50%, additional police officers or private security personnel, approved by the City, may be required as part of the concert operations plan at Northwestern's expense. The baseline calls for service shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the public safety and nuisance standard for not providing minimum staffing, as detailed above, shall result in a $25,000 penalty per event. Attachments: Current Language in Section 6-15-7-2 Chair Rodgers Proposed Text Amendment Language 10.11.23 Northwestern Letter with draft MOU and TMP 9-6-2023 LUC Meeting Minutes 9-27-2023 LUC Meeting Minutes 10-11-2023 LUC Meeting Minutes Public Comment Received by Planning Staff Since 10.11.23 Revised MOU with Public Benefits Ordinance 107-O-23 Text Amendment Amending 6-15-7-2 Permitted Uses in the U2 District Proposed Amendment to Ordinance 107-O-23 Text Amendment Amending 6-15-7-2 Permitted Uses in the U2 District - Amended 11.17.2023 Page 9 of 103 SP1.Page 12 of 237 9/1/23, 11:24 AM Evanston, IL Code of Ordinances about:blank 1/2 - - - - - - - - 6-15-7-2. - PERMITTED USES. The following uses shall be permitted in the U2 district: Business or vocational school. Fieldhouse. Indoor recreational facility (college and university). Outdoor recreational facility (college and university). Parking lot (college and university). Playground. Stadium. The following uses shall be considered permitted uses when conducted in association with the above permitted uses: Intramural and intercollegiate sports and athletic events and practice therefor. Local, regional and State elementary and high school athletic events and practice therefor. Band playing and practice in connection with the above events. Commencement, convocation and graduation exercises. University-sponsored lecture, speakers, musical performances and other cultural events held within an enclosed building provided that attendance is limited to ten thousand (10,000) or less. Luncheons and dinners and dining room facilities in a stadium provided that attendance is limited to the seating capacity of the facilities. Accessory uses to the above permitted uses, including administrative and faculty offices, classroom, auditoriums, athletic facilities and parking spaces. Off-street parking for hospital employees and for university students and employees. Temporary event (provided they are of a community or cultural nature and further provided they meet the conditions listed below): This Subsection provides standards to ensure that temporary uses shall not impose an undue adverse effect on neighboring streets or property. Community and cultural events of a nonprofit nature intended primarily for residents of the City and amateur athletic events shall be permitted provided that the following conditions are met: Page 10 of 103 SP1.Page 13 of 237 9/1/23, 11:24 AM Evanston, IL Code of Ordinances about:blank 2/2 1) 2) 3) 4) 5) 6) 7) 8) 9) Sponsors of the temporary event obtain a certificate of zoning compliance pursuant to Section 6-4-8-2 of this Title. Attendance at such events is limited to ten thousand (10,000) persons or less. Adequate university parking is available and is provided to all persons attending the event. Private security is provided for those parking areas utilized. Adequate provision of traffic-control devices at no City expense, including personnel, shall be provided to ensure the free flow of traffic and the security and safety of said traffic flow. Live animals used in conjunction with any event may only be stored within a completely enclosed building. No more than seven (7) such events shall be held in any calendar year in any one facility, and each such event shall not exceed five (5) consecutive days in duration. Lighting associated with such events shall be directed away from adjacent residences. Tractor trailers may not remain running while parked on the public street or in off-street parking areas. (Ord. 108-0-98; Ord. No. 3-O-14, § 26, 2-10-2014) Page 11 of 103 SP1.Page 14 of 237 10/17/23, 10:11 AM CITY OF EVANSTON Mail - Text Amendment https://mail.google.com/mail/u/0/?ik=4ec545897d&view=pt&search=all&permthid=thread-f:1779528515316794727&simpl=msg-f:17795285153167947…1/1 Meagan Jones <mmjones@cityofevanston.org> Text Amendment 2 messages Matt Rodgers <mattrodgers67@comcast.net>Thu, Oct 12, 2023 at 1:03 AM To: Liz Williams <ewilliams@cityofevanston.org>, Sarah Flax <sflax@cityofevanston.org>, Meagan Jones <mmjones@cityofevanston.org> Here is the language I proposed for the Text Amendment in the U2 District: Intramural, intercollegiate, or amateur sports and athletic events and practice therefor. Band playing and practice in connection with another permitted use. Outdoor lectures, speakers, non-musical festivals, social events and other community or cultural events, and musical performances in conjunction or associated with the foregoing (which shall require loudspeaker permits from the City for any noise amplification), hosted by the University or City and designed for the University or local community with conditions in a Memorandum of Understanding. Such events shall not include any outdoor plaza rentals to organizations not affiliated with the University or City. Banquet halls, including breakfasts, luncheons, dinners, meeting, and dining room facilities, provided that attendance is limited to the capacity of the specific facilities. Off-street parking for hospital employees and for university students, employees, guests, and invitees. Public-facing concerts, provided the conditions for use be listed in a Memorandum of Understanding. Any uses not outlined herein shall require approval by the City’s Special Events Committee. Meagan Jones <mmjones@cityofevanston.org>Thu, Oct 12, 2023 at 10:10 AM To: Matt Rodgers <mattrodgers67@comcast.net> Cc: Liz Williams <ewilliams@cityofevanston.org>, Sarah Flax <sflax@cityofevanston.org> Thanks! [Quoted text hidden] Page 12 of 103 SP1.Page 15 of 237 ACTIVE\1604893379.1 DLA Piper LLP (US) 444 West Lake Street, Suite 900 Chicago, Illinois 60606 www.dlapiper.com Katherine C. Jahnke Dale katie.dale@dlapiper.com T 312.368.2153 F 312.251.2856 October 25, 2023 The Honorable Daniel Biss and Members of the City Council City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Re: New Ryan Field Dear Mayor Biss: We represent Northwestern University (“Northwestern”) in connection with the redevelopment of Ryan Field. In anticipation of the October 30 City Council meeting, we would like to submit the enclosed additional information and materials for the Council’s consideration. As you are aware, the proposed redevelopment presents a once in a generation opportunity for the City of Evanston. It will involve approximately $800 million in economic impact, including $208 million dedicated to minority and women-owned businesses, almost 3,000 construction jobs and $12 million in direct permit fee revenue to the City. Northwestern plans to commit to public benefits, which will be memorialized in a forthcoming Memorandum of Understanding (MOU). Land Use Commission Conditions While the collaborative process with staff was beneficial to the project, Northwestern has specific concerns relating to several of the conditions included in the Land Use Commission’s (LUC) resolution and suggested by staff as follows: -Timing of the Traffic Management Plan (TMP). The LUC condition requires a TMP to for all events with expected capacity of more than 5,000 attendees to be finalized prior to the completion of demolition. Given the level of detail and coordination that is involved in preparing the TMP, it would be more appropriate to be completed prior to the first event, not completion of demolition, so that it can be current. An outline of a TMP is attached to the enclosed MOU, which shows the level of specificity that will be provided. -Environmental Assessment Review and Subsequent Peer Review. The LUC condition included implementation of mitigation measures at the University’s expense, including a noise limit at the property line. Northwestern plans to explore the various mitigation measures, with the exception of the roof/dome above the seating areas, which is not part of the plans and inconsistent with the architectural plans included in the PD. Page 13 of 103 SP1.Page 16 of 237 October 25, 2023 Page 2 ACTIVE\1604893379.1 Additionally, Northwestern would recommend that these details and the final sound mitigation strategies intended to limit noise levels emanating from the venue sound system at the University’s property line to an average range of 40-80 dba for any event be included in the Concert Operations Plan. Finally, consistent with testimony provided at the LUC and as discussed throughout the public process, it should be clarified that the concert events will likely use sound systems other than the PA, contrary to the suggestion in the staff report conditions. -Additional Traffic & Pedestrian Mitigation Measures. The LUC condition suggests additional traffic and pedestrian mitigation measures prior to City Council consideration. All proposed mitigation measures are referred to in the traffic study. -Electric Vehicle Parking Requirements. The LUC included a condition that the proposal comply with the City’s electric vehicle parking requirements per §4-2-2, Table 406.2.7.2 of the City Code. The proposal currently complies with Table 406.2.7.2 in that 10% of the parking spaces will have EV charging installed but does not have 40% of the parking spaces EV ready. NU would agree to explore that as an alternate, if it is feasible, or can add additional EV ready parking stalls in the future, if there is demand. -Additional Above-Grade or Below-Grade Parking. The LUC recommended that Northwestern meet with residents to discuss the option of constructing an above-grade or below-grade garage on the east or west parking lot if desired in lieu of parking in the neighborhood. There is no plan to additional provide above-grade or below-grade parking based on previous feedback, including from the 7th Ward community. Northwestern will continue to engage with and address concerns from the community with respect to the adequacy of on- and off-site parking, pursuant to the MOU. The proposed on-site parking will be consistent with the plans included in the PD. In sum, Northwestern is generally accepting of the conditions set forth in the Land Use Commission resolution except as relates to the items detailed above and would request that any approval ordinance be amended to reflect these requested changes. In addition to the forthcoming public benefits commitments, the development will benefit the community by providing significant improvements, utilizing environmentally friendly and sustainable building practices and creating hundreds of permanent jobs and thousands of temporary constructions jobs. Thank you for taking these matters under advisement. We look forward to appearing before you on October 30 to answer any questions. Page 14 of 103 SP1.Page 17 of 237 October 25, 2023 Page 3 ACTIVE\1604893379.1 Very truly yours, DLA Piper LLP (US) Katherine C. Jahnke Dale cc (via email): Luke Figora Dave Davis Matthew Kopp Page 15 of 103 SP1.Page 18 of 237 Northwestern Proposed Draft 10/25/23 MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (this “Memorandum”) is effective as of [______________]1, 2023 (the “Effective Date”), by and between NORTHWESTERN UNIVERSITY, an Illinois corporation (“Northwestern”), and THE CITY OF EVANSTON, a municipal corporation (the “City”). Northwestern and the City are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. As used herein, the term “Northwestern” shall include its contractors, operators and/or affiliates, as applicable. RECITALS WHEREAS, Northwestern and the City have a long history of working together to enhance a nd support the Evanston community through various collaborative efforts. WHEREAS, in furtherance of the Parties’ continued cooperation with respect to the entire Evanston community as a whole, the Parties desire to set forth (i) certain operational and logistical considerations with respect to Ryan Field following its redevelopment (the “Ryan Field”) for events ticketed for a minimum of ten thousand (10,000) individuals and (ii) certain public benefits. Such public benefits are intended to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, rebuild a new Ryan Field which will further vitalize the community, and help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. WHEREAS, the successful operation of Ryan Field will in certain respects require separate considerations and requirements to apply during football games (“Football Games”), amplified musical performances inside the stadium intended as publicly facing capacity concerts (“Concerts”), and all other times. NOW, THEREFORE, in consideration of: the mutual covenants set forth herein, the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, the legal and regulatory environment as of the Effective Date, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed; the Parties hereto, intending to be legally bound hereby, agree as follows: 1. Recitals. The foregoing recitals are acknowledged to be accurate and are incorporated herein by reference. 2. City Services. a. City Personnel. The City shall provide personnel in such quantities, at such locations, and during such hours as Northwestern may designate, upon oral or written notice delivered at least three (3) days prior to the date on which such personnel are requested to perform services (the “Event Date(s)”); provided, however, that the City, may, but shall not be obligated to provide any personnel unless Northwestern delivers written notice at least one (1) month prior to any Event Date and such notice describes: (i) the Event Date, 1 Note to Draft: The Effective Date will be on or after the passage of the Approval Ordinances that are mutually agreeable to the City and Northwestern Page 16 of 103 SP1.Page 19 of 237 2 (ii) an estimated number of personnel that the Northwestern might designate on the Event Date, and (iii) an estimated number of hours personnel may be requested to work. b. Reimbursement. Northwestern shall reimburse the City for the City’s out-of-pocket costs on Event Dates incurred in connection with providing personnel pursuant to Section 2.a. above necessary for the operation of Ryan Field according to the reimbursement schedule attached as Schedule 1 hereto, which may be modified from time to time by agreement between the Parties. 3. Tailgating Activities. Except to the extent tailgating or related activities occur inside Ryan Field or within its plazas, Northwestern will not permit or facilitate tailgating activities on Event Dates for Concerts. 4. Security Plan. Northwestern shall deliver a reasonable security plan to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Security Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Security Plan shall describe Northwestern’s intentions with respect to providing, supervising or otherwise coordinating security services in connection with the operation of Ryan Field, such as, by way of example only, the following: a. police and/or security staffing levels; b. use of magnetometers; c. bomb sweeps; and d. coordination with City Police, State of Illinois Police, and the Federal Bureau of Investigation. 5. Sustainability Plan. Northwestern shall deliver a reasonable sustainability plan to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Sustainability Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Sustainability Plan shall describe Northwestern’s intentions with respect to activities related to environmental sustainability in connection with the operation of Ryan Field, such as, by way of example only, the following topics: a. trash clean-up; b. recycling; c. composting; d. water management; and e. greenspace. 6. Traffic Management Plan. Northwestern shall deliver a reasonable traffic management plan in substantially the form of Schedule 2 attached hereto to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Traffic Management Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Traffic Management Plan shall describe Northwestern’s intentions with respect to activities related to regulating, managing, controlling, or otherwise affecting traffic flows on Event Dates in connection with the operation of Ryan Field, such as, by way of example only, the following activities: Page 17 of 103 SP1.Page 20 of 237 3 a. providing or facilitating non-vehicular modes of transportation, including pedestrians and bicycles; b. providing or facilitating shuttles; c. facilitating off-site vehicular parking; d. enabling efficient access to or for transportation network providers and ride share; e. restricting street access; and f. supervising, limiting or otherwise regulating permit parking. 7. Concert Operations Plan. Northwestern shall deliver a reasonable concert operations plan to the City prior to the first Concert Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Concert Operations Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Concert Operations Plan shall describe Northwestern’s intentions with respect to activities in connection with the operation of Concerts at Ryan Field, such as, by way of example only, the following topics: a. management of noise levels consistent with the Approval Ordinances and the approved Concert Operations Plan; b. sound check protocols; c. traffic and parking management; d. coordination with City personnel prior to and during Concerts; e. staging and underground or off-site storage for trucks and buses; f. fines for noncompliance; and g. set up and take down of Concert equipment. 8. Advance Notice of Events. Northwestern shall use its best efforts to provide significant advance notice to the City and Evanston communit y of any capacity events to occur at Ryan Field or the associated plazas. 9. Public Benefits. Northwestern is committed, both through its own efforts and through the efforts of its contractors and vendors, to (i) furthering opportunities for a broad and diverse membership of the Evanston community to participate in and benefit from the design, construction, maintenance and operation of a newly rebuilt Ryan Field, (ii) fostering a broader relationship and strengthening a deeper connection between Northwestern and the entire Evanston community, (iii) rebuilding a new Ryan Field, and (iv) helping provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. To all those ends, and pursuant to Section 6-3-6-3 of the Evanston Zoning Ordinance (Public Benefits), Northwestern agrees to the public benefits (and duration of such) as outlined on Schedule 3 attached hereto assuming the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. In connection with such public benefits, Northwestern will make certain voluntary payments to the City and other City stakeholder organizations, all as described on Schedule 3. The parties acknowledge that Northwestern is tax-exempt and any such voluntary payments shall not impact Northwestern’s tax-exempt status or be considered a tax, tariff or duty or a payment in lieu thereof. In light of the broader relationship between Northwestern and the entire Evanston community, and in the spirit of a renewed greater partnership between Northwestern and the City going forward, the Parties agree that they are committed to collaborating in good faith and reasonably working with one another with respect to all Northwestern/City matters beyond the new Ryan Field for years to come. Page 18 of 103 SP1.Page 21 of 237 4 10. Community Advisory Council. Northwestern shall meet at least twice annually with the Community Advisory Council (as hereinafter defined), unless such meetings are reduced and/or such Community Advisory Council is terminated in writing by the City. The purpose of the Community Advisory Council shall be to review the Traffic Management Plan and Security Plan and their updates, as provided for above, receive updates on Northwestern’s M/WBE hiring during construction and to gather and disseminate information regarding the operation of Ryan Field from neighborhood residents to Northwestern and the City, and vice versa. As used herein, the “Community Advisory Council” means a council composed of three (3) members appointed by Northwestern staff and three (3) members appointed by City staff. Such members shall be appointed in accordance with such rules as Northwestern and the City may from time to time agree. 11. Alcohol Sales. The Parties shall cooperate such that Northwestern will (i) obtain all permits, licenses and approvals required for the sale of alcohol at Ryan Field and its Events prior to opening of the new stadium, and (ii) maintain all such permits, licenses and approvals for so long as Northwestern causes vendors to make alcohol available at Ryan Field and its Events. In connection therewith, Northwestern shall use commercially reasonable efforts to cause professional servers to utilize industry-standard practices for the service of alcohol, such as, by way of example only: a. reviewing customers’ identification for compliance with applicable age limits; b. limiting the number of alcoholic drinks that any individual may purchase; and c. stopping general admission alcohol service in accordance with best practices for Football Games and Concerts. 12. Term. The term of this Memorandum shall be perpetual for so long as Northwestern is hosting Football Games and Concerts at Ryan Field pursuant to that certain Ordinance XX-O-23 Granting the Ryan Field Planned Development and that certain Ordinance XX-O-23 Amending the Zoning Ordinance Regulations for the U2 University Athletic Facilities District (in forms mutually agreeable to the City and Northwestern, collectively, the “Approval Ordinances”), Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. The City shall not revoke, rescind, modify or otherwise alter the Approval Ordinances without Northwestern’s prior written and signed consent. For the avoidance of doubt, to the extent any term, condition or provision is explicitly time limited herein, this Section 12 shall not override such explicit time limitation. 13. Notices. Any and all notices, elections or demands permitted or required to be made under this Memorandum shall be in writing, signed by the party giving such notice, election or demand, and shall be delivered personally, by receipted commercial courier service, or sent by registered or certified United States mail, postage prepaid, return receipt requested to the other party at the address set forth below, or at such other address as may have heretofore been designated in writing. The date of personal delivery or three (3) days after postmark of date of mailing, as the case may be, shall be the date such notice, election or demand is deemed delivered. If to the City: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attn: City Manager; Corporation Counsel; ________________; and ________________ Page 19 of 103 SP1.Page 22 of 237 5 If to Northwestern: Northwestern University 633 Clark Street Evanston, Illinois 60208 Attn: Vice President and Chief Operating Officer; Vice President and Chief Financial Officer; and Senior Executive Director of Neighborhood and Community Relations with copy to: Northwestern University Office of General Counsel 633 Clark Street Evanston, Illinois 60208 Attn: General Counsel 14. Not an Easement or Public Dedication; Authorizations. a. Notwithstanding anything herein to the contrary, and for the avoidance of doubt, nothing herein shall be deemed to: be an easement, lease or license to any individual, entity, municipality or the general public; confer any rights, title, interests or benefits upon or in favor of any individual, entity, municipality or the general public; be a gift or dedication of any portion of Ryan Field or its surrounding areas to any individual, entity, municipality or the general public; or a specific right to any individual, entity, municipality or the general public to use Ryan Field or its surrounding areas, other than the general rights of use in common with all other individuals and members of the general public as expressly contemplated by this Memorandum; it being the intention of the Parties that this Memorandum shall be strictly limited to and for the purposes herein expressed, and for no other use or purpose. The City shall not record this Memorandum or any summary thereof. b. To the extent the consent, authorization or approval of or license from, or notice to, the City is required with respect to this Memorandum or its subject matter, then the City hereby acknowledges and agrees that its execution of this Memorandum shall be deemed to have satisfied any such consent, authorization, approval, license or notice requirement. To the extent the consent, authorization or approval of or license from, or notice to, any third party or other governmental authority (including Cook County or the State of Illinois) is required with respect to this Memorandum or its subject matter, then the Parties agree to cooperate with each other to obtain such consent, authorization, approval or license or give such notice. 15. Miscellaneous. a. This Memorandum is a legally binding agreement between the Parties, and is legally enforceable upon each Party by the other Party. b. This Memorandum may only be amended, modified or supplemented in writing signed by each Party; provided, however, that Northwestern may unilaterally amend this Memorandum in order to comply with any applicable law, rule, order, settlement, regulation or licensing requirement, or change thereof, and shall give the City written notice thereof. The Parties shall enter into such amendments to this Memorandum as may be necessary to effectuate the continued operation of Ryan Field. Page 20 of 103 SP1.Page 23 of 237 6 c. If any provision of this Memorandum or any word or part thereof or any application thereof is determined to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect any other provision of this Memorandum, this Memorandum shall be construed as if such invalid, illegal or unenforceable part were never included herein, the remainder of this Memorandum shall be and remain valid and enforceable to the fullest extent permitted by law, and the Parties shall negotiate in good faith to modify this Memorandum so as to effect the original intent of the Parties as closely as possible. d. This Memorandum shall be exclusively governed by and construed in accordance with the laws of Illinois, excluding its choice or conflict of law principles. All disputes and claims relating to this Memorandum not resolved between the Parties shall be resolved exclusively by binding confidential arbitration applying Illinois law and administered by an arbitrator mutually agreed upon by the Parties. The place of any such arbitration shall exclusively be Evanston, Illinois. e. Each Party hereby forever waives and releases any and all claims, demands, or causes of action it may have, known or unknown, against the other in any way related to this Memorandum. f. The Parties are and shall be independent contractors and this Memorandum shall not be construed to create any relationship of partnership, joint venture or other similar relationship. g. Neither Party shall be liable for any failure of or delay in the performance of this Memorandum for the period that such failure or delay is due to force majeure, including, but not limited to: war, terrorism, riots, fire, flood, tornado, earthquake, lightning, pandemic, other acts of God, explosion, strikes, labor disputes, acts of state or governmental action prohibiting or impeding any party from performing its respective obligations hereunder, or any other reason beyond the reasonable control of such Party. h. [Note to Draft: Reasonable insurance and indemnity provisions to be reasonably negotiated between Northwestern and City Staff.] i. This Memorandum constitutes the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements, written or oral, with respect thereto. j. This Memorandum shall equally apply to any successor or assign of any Party. No Party may assign or delegate its rights or obligations hereunder without the prior written consent of the other Party, except that Northwestern may assign or delegate any or all of this Memorandum or the rights or obligations hereunder to a wholly-owned subsidiary of Northwestern. k. This Memorandum does not confer any right, benefit or remedy upon any individual, entity or municipality that is not a Party hereto. l. No failure or delay in exercising any right or remedy shall be a waiver thereof. No waiver shall be effective unless in writing and signed by the party so waiving. m. This Memorandum may be executed in counterparts and delivered by electronic means (e.g., fax, email, docusign). [Signature pages follow] Page 21 of 103 SP1.Page 24 of 237 [SIGNATURE PAGE TO RYAN FIELD MEMORANDUM OF UNDERSTANDING] IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Understanding as of the Effective Date. NORTHWESTERN UNIVERSITY By: ____________________________ Name: ____________________________ Its: ____________________________ THE CITY OF EVANSTON By: ____________________________ Name: ____________________________ Its: ____________________________ Page 22 of 103 SP1.Page 25 of 237 SCHEDULE 1 SCHEDULE 1 REIMBURSEMENTS [Note to Draft: To be determined between the City Staff and Northwestern] Page 23 of 103 SP1.Page 26 of 237 SCHEDULE 2 SCHEDULE 2 FORM OF TMP Attached. Page 24 of 103 SP1.Page 27 of 237 SCHEDULE 3 SCHEDULE 3 PUBLIC BENEFITS PACKAGE In accordance with Section 6-3-6-3 of the Evanston Zoning Ordinance, in order to provide benefits to the surrounding neighborhood and the City as a whole from the Approval Ordinances, to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, and to help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole, and assuming the passage of the Approval Ordinances, Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date, Northwestern agrees to the following public benefits: [Note to Draft: To come.] Page 25 of 103 SP1.Page 28 of 237 Northwestern University // Ryan Field TRANSPORTATION MANAGEMENT PLAN | DRAFT V.1 DISCLAIMER: This document represents an initial draft framework of a Transportation Management Plan (TMP) associated with concert events proposed at Ryan Field. The TMP process requires engagement with and input from numerous stakeholder groups over several weeks to inform the plan’s details. This initial version is not fully developed, but includes preliminary narratives and exhibits along with placeholders. Additional measures will likely be incorporated as a result of on-going and future engagement and further plan development. Once a draft is completed, the TMP will be provided to the City of Evanston for review and approval prior to events being hosted at Ryan Field. Additionally, best practices for developing a TMP require fact-specific, real-time information. As such, this TMP will be reviewed and updated on a regular basis. Page 26 of 103 SP1.Page 29 of 237 NORTHWESTERN UNIVERSITY i Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan TABLE OF CONTENTS Introduction Purpose and Objectives ............................................................................................................................................. 1 Venue and Events Overview ...................................................................................................................................... # Transportation Management Planning Process .......................................................................................................... # Guiding Principles....................................................................................................................................................... # Transportation Management Plan and Strategies Parking ....................................................................................................................................................................... # Vehicular Traffic / Access Routes ............................................................................................................................... # Public Transportation .................................................................................................................................................. # Shuttles and Buses..................................................................................................................................................... # Pedestrian Accommodations ...................................................................................................................................... # Bicycle Accommodations ............................................................................................................................................ # Transportation Network Companies (TNC) / Rideshare ............................................................................................. # Active Transportation .................................................................................................................................................. # Traffic Control Personnel ............................................................................................................................................ # Event Truck Loading Logistics .................................................................................................................................... # Public Safety .............................................................................................................................................................. # Programs and Policies ................................................................................................................................................ # Communications and Engagement ............................................................................................................................ # Communication + Coordination Website, E-mail, and Social Media ............................................................................................................................. # Student Handbook and Plan Acknowledgement ........................................................................................................ # Village and Community Coordination ......................................................................................................................... # Contact Information .................................................................................................................................................... # Page 27 of 103 SP1.Page 30 of 237 NORTHWESTERN UNIVERSITY ii Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan LIST OF EXHIBITS Exhibit 1 Athletic Campus Site Plan Exhibit 2 Event Parking Locations Exhibit 3 Pre-Event Traffic Control and Lane Configurations Exhibit 4 Post-Event Traffic Control and Lane Configurations Exhibit 5 Access Routes, Directional Wayfinding, and Controls Exhibit 6 Shuttle Routes, Stops, and Staging Zones Exhibit 7 Shuttle Loading Exhibit 8 TNC Loading and Staging (East) Exhibit 9 TNC Loading and Staging (West) Exhibit 10 Bike Parking and Accommodations Exhibit 11 Event Truck Access Routes Page 28 of 103 SP1.Page 31 of 237 NORTHWESTERN UNIVERSITY 1 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan INTRODUCTION Purpose and Objectives The Transportation Management Plan (TMP) is a summary of Northwestern University’s proposed operations plan and strategies to manage the multimodal transportation and parking conditions for events at Ryan Field. The TMP is a dynamic document that is intended to not be considered static or complete, but rather reviewed and updated annually to consider changed conditions, integrate emerging technologies, and explore opportunities to improve, supplement, or modify current measures. Venue and Events Overview PLACEHOLDER: Detail Ryan Field and Hosted Events (event types, attendance capacities, # of events, schedules, broader context of the athletic campus and other associated venues, parking, etc.) The overall athletic campus site plan illustrated in Exhibit 1. Transportation Management Planning Process PLACEHOLDER: Detail TMP Process (building on past experience of hosting football games and events at Ryan Field/athletic campus, agency and stakeholder group engagement [Police and Security – Evanston Police, NU Police, Venue Security; Athletics and Parking/Shuttle Services – Athletic Department, Transportation and Parking Services; City of Evanston – Transportation Engineering, Planning, Parking Services; Transit Agencies – CTA, Metra, Pace, Village of Wilmette, neighborhood engagement, local businesses], City review/approval, annual reviews and updates, etc.) Guiding Principles Efficient and effective management of multimodal transportation and parking operations is key to any successful event of various scales. Building on its experience hosting a range of events at the Athletic Campus and best practices applied at other venues, Northwestern University has established the following planning principles to guide development transportation management strategies, programs, policies, and planning efforts related to events hosted at Ryan Field. • Provide a safe environment for all event attendees and the surrounding community, including pedestrians, cyclists, transit riders, and vehicle drivers/passengers. • Promote orderly and efficient flow of traffic on the Athletic Campus and along nearby streets. • Limit impacts of traffic congestion before, during, and after planned events at Ryan Field. • Promote awareness and understanding of the plan’s key elements to the university, city officials and staff, event attendees, and the surrounding community through multiple channels of communication. • Be flexible, monitor conditions over time, and adjust the plan to address changed conditions over time while exploring opportunities to leverage emerging technologies that can improve the plan. Page 29 of 103 SP1.Page 32 of 237 NORTHWESTERN UNIVERSITY 2 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan TRANSPORTATION MANAGEMENT PLAN The Transportation Management Plan is organized by categories related to how event attendees access Ryan Field, operational components of facilitating transportation access, and other elements associated with managing event day conditions. Within each category, strategies are detailed with supporting narrative and exhibits. Parking PLACEHOLDER: Detail On-Site Parking (# of spaces in East and West Lot, reserved/pre-sold parking only, option for premium-rate cash parking if spaces are underutilized, access locations and ingress/egress lanes, staffing needs at each lot, etc.) PLACEHOLDER: Detail Off-Site Parking (# of spaces by location, mix of reserved/pre-sold and cash parking depending on location, access locations, etc.) PLACEHOLDER: Detail Signage and Traffic Control Equipment (locations, sign types/sizes, sign messages, layout of cones/barricades, deployment schedule, etc.) PLACEHOLDER: Detail Communications (online resource, text messages, apps, future (to be developed AI resources), advance event communications re: parking location(s) and directions based on address of ticket purchase, etc.) PLACEHOLDER: Detail Employee Parking (off-site location, shuttle accessible, etc.) Exhibit X, illustrates the locations of stadium event parking on site and both designated and publicly-accessible off- site parking in the site vicinity (walkable), on the University’s campus (shuttle access), and in Downtown Evanston (shuttle access). Additional parking locations will likely be established by entrepreneurial property owners within walking distance of Ryan Field. These locations can be added to the plan based on observed conditions. Strategy: Use of Underutilized Off-Street Parking [Details to be confirmed in coordination with the City of Evanston] Strategy: Neighborhood Event Parking Restrictions [Details to be further developed in coordination with the City of Evanston] Strategy: Advance Parking and Access Route Communications to Ticketholders [Details to be further developed in coordination with the City of Evanston] Vehicular Traffic / Access Routes PLACEHOLDER: Detail Wayfinding Signs (identify key access routes, variable message sign locations and messages, static sign locations, technology-enabled options/solutions, etc.) PLACEHOLDER: Detail Curbside Restrictions (locations and limits, times in effect, benefits and uses, etc.) Page 30 of 103 SP1.Page 33 of 237 NORTHWESTERN UNIVERSITY 3 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan PLACEHOLDER: Detail Temporary Directional Traffic Flows and Lane Configurations (identify locations, police manual intersection controls, etc.) Refer to Exhibits X-West and X-East and Exhibits Y-West and Y-East for pre- and post-event lane configurations, respectively. PLACEHOLDER: Detail Wayfinding Signs (identify key access routes, variable message sign locations and messages, static sign locations, etc.) Exhibit X depicts the key vehicular access routes to/from Ryan Field with elements indicating directional wayfinding signs leading to reserved/pre-paid parking and off-site parking locations, access and parking controls at side streets supporting the event parking restriction in place within the surrounding neighborhoods, on-street parking restrictions along Central Street (Poplar Avenue to Girard Avenue), posted intersections for police/traffic control personnel, and others. [Details of sign locations, messages, traffic controls, and other elements to be further developed in coordination with the City of Evanston, Evanston Police and Fire Departments, the Village of Wilmette, and other stakeholders] Strategy: Central Street Parking and Loading Zone Restrictions [Details to be further developed in coordination with the City of Evanston] Similar to past practice for football games, on-street parking will be prohibited along Central Street between Poplar Avenue and Girard Avenue before, during, and after events at Ryan Field. This restriction allows traffic to flow more efficiently along Central Street as it provides room for quick drop offs, occasional delivery/service vehicles serving adjacent properties, and for vehicles to bypass turning vehicles that are yielding to oncoming traffic and/or crossing pedestrians. Additionally, keeping the curb lane open also helps to facilitate emergency response vehicles traveling through the corridor during events as traffic can pull over and provide an open lane for ambulances, fire trucks, and other emergency vehicles to efficiently pass. [Details regarding time start/end to be confirmed]. Vehicles parked in this zone after the start of the restriction period will be towed. Strategy: Neighborhood Event Parking and Circulation Restrictions [Details to be further developed in coordination with the City of Evanston] Strategy: One-Way Northbound Traffic Flow on Ashland Avenue (Lincoln Street to Isabella Street) [Details to be confirmed in coordination with the City of Evanston] Strategy: Advance Directional Wayfinding Signs [Details to be further developed in coordination with the City of Evanston] Page 31 of 103 SP1.Page 34 of 237 NORTHWESTERN UNIVERSITY 4 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan Public Transportation Ryan Field is well-positioned to take advantage of excellent transit access with both Metra UP-North Line and CTA Purple Line stations located within approximately 1,600 feet of the stadium. In order to serve the concentration of event attendees arriving and departing concert events at Ryan Field, both Metra and CTA have indicated interest in working with the University to increase their respective operational capacities relative to their normal conditions and to promote these options as an attractive mode of transportation to/from events, helping to limit traffic demands and parking needs. Strategy: Metra – Increased Operational Capacity [Details to be further developed in coordination with Metra] Metra would coordinate with the University to increase service capacity, relative to normal operations, to support transit ridership as an attractive mode to access events at Ryan Field, as is done at other venues. Such adjustments could include adding a half-cycle train between regularly scheduled trains as an additional train in the schedule aligning with event times and/or having a train waiting at a nearby staging location along the Union Pacific – North Line. These adjustments would allow Metra to provide up to three trains in the hour before and the hour after the event in each direction. At the Central Street station, the southbound platform accommodates 6-car trains for boarding and alighting (although longer trains may be possible with some cars not able to directly board/alight at every platform as passengers use a different car). The northbound platform accommodates 8-car trains. With 140-150 seats/car (and approximately 30 standees in aisles and on steps), each southbound train can serve at least 840 passengers (2,520 passengers across three trains in an hour) and each northbound train can serve at least 1,120 passengers (3,360 passengers across three trains in an hour). Strategy: CTA – Increased Operational Capacity [Details to be further developed in coordination with CTA] The CTA would coordinate with the University to increase service capacity, relative to normal operations, to support transit ridership as an attractive mode for events at Ryan Field, as is done at other venues including Wrigley Field and Guaranteed Rate Field. Operational adjustments to be further developed include leveraging the rail yard at the Linden Street station and staging trains for events to increase train frequency. Target headways at 5-6 minutes would result in 10 trains per hour. The platform at the Central Street station accommodates 6-car trains. Initial planning assumes 75-80 passengers per car, yielding 4,800 passengers per hour. However, practical experience with peak demand surges has yielded over 90-95 passengers per car, yielding up to 5,700 passengers per hour. Strategy: Metra Fare Integration with Event Ticket [Details to be further developed in coordination with Metra] As currently applied for concerts at Ravinia, Metra encourages use of train and removing barriers for event goers, in part, by providing rides to an event without purchasing a Metra ticket. The cost of ridership is integrated into the cost of all event tickets and passengers just show their event ticket to the conductor on the train. Metra would be reimbursed by the University based on the actual Metra ridership for each event. Page 32 of 103 SP1.Page 35 of 237 NORTHWESTERN UNIVERSITY 5 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan Strategy: CTA Event Ridership Promotion [Details to be further developed in coordination with CTA] The CTA is currently exploring opportunities to develop special event passes and digital/QR code passes that can be used to access trains and to promote ridership for specific events. These applications will be further developed to encourage use of CTA as a mode choice to/from events at Ryan Field while particularly focusing on ticket purchasers where CTA is proximate to where they live/work and supporting communication of tailored travel directions. Shuttles and Buses In response to community feedback, the parking plan for concert events at Ryan Field includes prohibiting use of surrounding neighborhoods in Evanston and Wilmette for event parking. This restriction results in an estimated parking reduction of over 1,000 spaces in response to this neighbor accommodation. To offset the reduced parking in the stadium vicinity compared to football games, additional off-site parking will be used at locations on the University’s campus and within publicly accessible parking garages in Downtown Evanston. Similar to past practice for football games, off-site parking in these areas will be served by shuttle buses. Exhibit X illustrates the planned shuttles routes and stops for the campus and downtown parking locations. PLACEHOLDER: Detail Operations (# of buses, routes and stops, service hours, staff, rider queuing areas, etc.) PLACEHOLDER: Private bus services (designated loading area, off-site parking on campus, communications with drivers and passengers, etc.) Strategy: Shuttle Passenger Loading on Ashland Avenue Similar to past practice for football games, off-site parking shuttle staging and loading is planned along the east side of Ashland Avenue, using a staggered configuration in two lanes with space between buses that allows access between the curb and doors of buses in lane furthest from the curb. Two shuttle routes will serve 1) campus parking garages and 2) Downtown Evanston garages. Also similar to practice for football games, staging and loading for the two shuttle routes will be separate with one route north of Walker Way (up to 26 buses staged/loading) and one route south of Walker Way (up to 24 buses staged/loading). Based on football game experience at Ryan Field, shuttles, it takes approximately 3.5 minutes to load a shuttle bus with 40 passengers. The loading area for each route will be clearly identified with signs indicating the designated route, loading area entry, and bus loading points. Preliminary shuttle loading areas and configurations are illustrated on Exhibit X. Strategy: Off-Site Shuttle Staging The east side of Ashland Avenue, using a two-lane staggered configuration for staging prior to the end of an event provides capacity for up to 50 buses. Between 75 and 115 buses may be needed for a capacity event that fully utilizes the designated shuttle-accessible off-site parking, depending on the number of round-trip cycles. During events, shuttle buses should be located along the east side of Ashland Avenue, on the University’s campus east of Sheridan Road, the bus provider’s facility, or at another location that is removed from residential homes and open commercial businesses. Leading up to the event ending, buses will access staging positions along Ashland Avenue at Ryan Field or near the designated routes so that they are ready to backfill the loading area after the first wave of shuttles leave with passengers. Similar to practice for football games, the first off-site staging area is along the north side of Lincoln Street between Page 33 of 103 SP1.Page 36 of 237 NORTHWESTERN UNIVERSITY 6 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan Leahy Park and the Chandler-Newberger Center. Additional shuttle staging should occur on the University’s campus east of Sheridan Road. These locations are depicted on Exhibit X. While staging, buses should not idle to limit noise and emissions. Transportation Network Companies (TNC) / Rideshare PLACEHOLDER: Detail TNC/Rideshare Loading and Staging Areas (preliminary east [Chandler-Newberger Lot – see Exhibit X] and west [Haven Middle School Lot – see Exhibit X] off-street locations; detail and illustrate layout for ingress/egress, circulation, staging, and passenger loading areas; describe and define geofence and coordination with providers; signing; pedestrian wayfinding; operational parameters; staffing needs; etc.) Strategy: Define Expanded Geofence Boundary [Details to be further developed in coordination with Uber, Lyft, City of Evanston, Village of Wilmette, and Evanston Police Department] Strategy: Establish Eastern Taxi / Rideshare Off-Street Staging and Loading Area [Details to be further developed in coordination with City of Evanston and Village of Wilmette] Strategy: Establish Western Taxi / Rideshare Off-Street Staging and Loading Area [Details to be further developed in coordination with District 65, City of Evanston, and Village of Wilmette] Active Transportation PLACEHOLDER: Detail Pedestrian and Bicycle Accommodations (locations, measures in place, staffing needs at each location, traffic control and barriers, hours/availability, communication and coordination, etc.) Refer to Exhibit X for summary of locations and measures. Strategy: Establish Bike Valet Zone [Details to be further developed in coordination with City of Evanston and Stadium Operations] Traffic Control Personnel PLACEHOLDER: Detail Police and Traffic Control ([12] intersection locations, staffing needs at each location, key roles and priorities for each post, hours at post relative to event schedule, communication and coordination, etc.) Refer to Exhibits X-East and X-West illustrating existing, pre-event, and post- event lane configurations. Strategy: Post Police/Traffic Control Officers at [12] Intersections [Details to be further developed in coordination with Evanston Police Department, University Police Department, City of Evanston, and Village of Wilmette] Page 34 of 103 SP1.Page 37 of 237 NORTHWESTERN UNIVERSITY 7 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan Event Truck Loading Logistics PLACEHOLDER: Detail Load-In and Load-Out Logistics (range for # of trucks, truck types, typical times of day, truck sequencing, operational parameters (e.g., bus idling, vertical clearance requirements, etc.), off-site truck marshalling options, access routes, etc.). Strategy: Pre-Event Truck Loading Procedures and Sequencing [Details to be further developed in coordination with City of Evanston and Stadium Operations] Strategy: Off-Site Event Truck Marshalling [Details to be further developed in coordination with City of Evanston, Potential Property Owners for Off- Site Truck Marshalling, and Stadium Operations]. Strategy: Post-Event Truck Loading Procedures and Sequencing [Details to be further developed in coordination with City of Evanston and Stadium Operations] Public Safety PLACEHOLDER: Detail Unified On-Site Command Post (staffing, involved entities, roles and priorities, information on experience during past home football games, etc.) PLACEHOLDER: Detail Event Communications and Coordination with Nearby Emergency Responders, (protocols, past experience, etc.) Strategy: Maintain Unified Command Post at Ryan Field [Details to be further developed in coordination with NU Athletic Department, City of Evanston, Evanston Police Department, Evanston Fire Department, Evanston Hospital, and Stadium Operations] Programs and Policies PLACEHOLDER: Detail Range of Policies (list events - neighborhood event parking restrictions, Metra and CTA Ridership programs, etc.) [Details to be further developed in coordination with City of Evanston and multiple stakeholder groups] Communications and Engagement PLACEHOLDER: Detail Methods for Communications, Coordination, and Community Engagement (list communication methods, applied media platforms, schedule, key contacts, etc.) Strategy: Annual Review and Update of TMP Transportation management plans should be dynamic documents that are regularly reviewed, updated, and evolve to address and respond to changing conditions over time. In partnership with a task force comprised of City officials and staff, neighborhood representatives, and other appropriate stakeholder groups, the University will facilitate annual sessions to review event-related transportation and parking conditions, the measures in place, anticipated changes in event programming, and identify if adjustments Page 35 of 103 SP1.Page 38 of 237 NORTHWESTERN UNIVERSITY 8 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan to the plan are needed. As needed, the transportation management plan will be updated. Annual review sessions are anticipated to be held in the Winter (reviewing the year’s event schedule) with updates developed and incorporated the following Spring for implementation. [Details to be further developed in coordination with NU Athletic Department, City of Evanston, Evanston Police Department, Evanston Fire Department, Village of Wilmette, and Stadium Operations] Page 36 of 103 SP1.Page 39 of 237 NORTHWESTERN UNIVERSITY 9 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan COMMUNICATION + COORDINATION A guiding planning principle for the TMP includes promoting awareness and understanding of the plan’s key elements across various platforms and channels of communication to event goers and staff, the university, city and public safety officials, and the surrounding community. The TMP is not intended to be a static document; rather, it is planned to serve as an operations plan that is reviewed on a regular cadence and updated, as needed, in response to monitoring of observed transportation conditions, reviewing stakeholder input, and addressing evolving trends and emerging technologies. As such, Northwestern University has committed to ongoing annual review of the TMP with city officials and community stakeholders and will be active and open in communicating the plan with event goers, city and public safety officials, and the surrounding community. Website, E-mail, and Media The TMP and sharing of event transportation and parking information will be published on and shared via multiple platforms including the University’s Ryan Field Event Day transportation website, social media channels, traditional media options, and direct e-mail and text alerts to ticket holders. These resources will be tapped to communicate plan elements, share reminders, provide directions and preferred modes/routes, and post alerts or notices regarding plan adjustments or special conditions. Current resources are outlined below: • Website https://nusports.com/sports/2018/6/28/football-gameday-transportation • X / Twitter @NU_sports • Facebook @NU_football [Details to be further developed in coordination with City of Evanston and the university.] City and Community Coordination As a continuation of the Campus Master Plan process, Northwestern University will continue to host periodic meeting forums to provide plan updates, solicit input and feedback, and interface with City Staff and neighbors. This coordination and communication with City departments and neighbors is necessary to successfully carry out the plan components of the Campus Master Plan, to monitor and manage the transportation and parking conditions on site, and review transportation management activities and effectiveness. The university recognizes the importance of maintaining healthy dialogue with the City and surrounding community regarding upcoming events, planning, and operational changes that affect both the stadium and surrounding neighborhood. Continued working relationships with these groups are a desired and useful method to successfully communicate and coordinate on transportation and parking issues going forward. Contact Information For questions and coordination with the university regarding this plan, please contact: Northwestern University City of Evanston Elected Official Community Task Force Liaison Insert Name – Insert Title Tel: (XXX) XXX-XXXX E-mail: name@nu.edu Insert Name – Insert Title Tel: (XXX) XXX-XXXX E-mail: Insert Name – Insert Title Tel: (XXX) XXX-XXXX E-mail: Insert Name – Insert Title Tel: (XXX) XXX-XXXX E-mail: Page 37 of 103 SP1.Page 40 of 237 Page 38 of 103SP1.Page 41 of 237 NORTH Ryan Field | Transportation Management Plan STADIUM PARKING OFF-SITE CAMPUS PARKING OFF-SITE DOWNTOWN PARKING OTHER OFF-SITE PARKING NO PARKING LEGEND Parking Locations Exhibit X NORTHSHORE HEALTH GARAGE Available Spaces: 700 EAST STADIUM PARKING LOT Available Spaces: 457 WEST STADIUM PARKING LOT Available Spaces: 900 525 CHURCH STREET GARAGE Available Spaces: 420 500 DAVIS STREET Available Spaces: 50 CENTRAL STREET METRA STATION PARKING Available Spaces: 200 LINDEN CTA STATION PARKING LOT Available Spaces: 323 COOK HALL EAST PARKING LOT Available Spaces: 181 NOYES/HAVEN/SHERIDAN PARKING Available Spaces: 170 NU LAKESIDE PARKING Available Spaces: 700 WALTER ATHLETICS CENTER GARAGE Available Spaces: 700 E2 SELF PARK Available Spaces: 100 NU PARKING LOT Available Spaces: 159 1800 MAPLE SELF PARK Available Spaces: 840 SHERMAN PLAZA GARAGE Available Spaces: 840 ONE ROTARY CENTER GARAGE Available Spaces: 315 1629 ORRINGTON AVENUE Available Spaces: 250 Page 39 of 103 SP1.Page 42 of 237 METR A - U P N O R T H ISABELLA STLIVINGSTON STCENTRAL STPOPL A R A V E GREE N B A Y R DEASTWOOD AVEASHLAND AVEASBURY AVERYAN FIELDLane Configuration Traffic ControlExhibit X - WestLEGENDNORTHRyan Field | Transportation Management PlanPage 40 of 103 SP1.Page 43 of 237 BRYANT AVEGIRARD AVERIDGE AVESHERIDAN RDRYAN FIELDCTA P U R P L E L I N E CENTRAL STASBURY AVEISABELLA STLane Configuration and Traffic ControlExhibit X - EastLEGENDNORTHRyan Field | Transportation Management PlanPage 41 of 103 SP1.Page 44 of 237 Page 42 of 103SP1.Page 45 of 237 NORTH Ryan Field | Transportation Management Plan LINCOLN STREET NOYES STREET GARETT PLACE FOSTER STREET EMERSON STREET EMERSON STREET CHURCH STREET DAVIS STREET Shuttle Routes Exhibit X CAMPUS SHUTTLE SHUTTLE RETURN ROUTE SHUTTLE STAGING DOWNTOWN SHUTTLE LEGEND Page 43 of 103 SP1.Page 46 of 237 NORTH Ryan Field | Transportation Management Plan TO SOUTHBOUND SHERIDAN RD (CAMPUS SHUTTLES) TO SOUTHBOUND RIDGE AVE (DOWNTOWN SHUTTLES) FROM WESTBOUND LINCOLN ST 40ft 10ft Passenger Access Shuttle Loading Map Exhibit X DOWNTOWN SHUTTLE Shuttle Stacking Capacity: 24 CAMPUS SHUTTLE Shuttle Stacking Capacity: 26 SHUTTLE STACKING CONFIGURATION Page 44 of 103 SP1.Page 47 of 237 Page 45 of 103 SP1.Page 48 of 237 Page 46 of 103 SP1.Page 49 of 237 APPROVED Page 1 of 5 September 6, 2023 Special Land Use Commission Meeting SPECIAL MEETING MINUTES LAND USE COMMISSION Wednesday, September 6, 2023 7:00 PM Lorraine H. Morton Civic Center, 2100 Ridge Avenue, James C. Lytle City Council Chambers Members Present: George Halik, Kiril Mirintchev, Kristine Westerberg, Max Puchtel, Jeanne Lindwall, Brian Johnson, Myrna Arevalo, and Matt Rodgers Members Absent: John Hewko Staff Present: Acting City Attorney Alex Ruggie, Community Development Director Sarah Flax, Neighborhood and Land Use Planner Meagan Jones, Zoning Administrator Melissa Klotz, and Planning Manager Liz Williams Presiding Member: Matt Rodgers _____________________________________________________________________ Call to Order Chair Rodgers opened the meeting at 7:01 PM. A roll call was then done and a quorum was determined to be present. Approval of July 12, 2023 Meeting Minutes Commissioner Halik recommended two minor edits. Lindwall made a motion to approve the Land Use Commission meeting minutes from July 12, 2023 as corrected. Seconded by Commissioner Puchtel. A voice vote was taken, and the motion passed 8 -0. New Business A. Public Hearing: Special Use for a Planned Development | 1501 Central Street | 23PLND-0035. Northwestern University requests a Special Use for a Planned Development to demolish the existing Ryan Field stadium and ancillary maintenance building to construct a new 116 ft. tall stadium with a 35,000 spectator capacity in the U2 University Athletics Facilities District. The applicant is requesting the following site development allowances: 1) 1,408 total parking spaces (515 on-site, 893 in parking lot within 1,000 ft.) where 4,364 are required for the principal uses on the zoning lot, 2) A landscape strip of less than 35 ft. (specifically, 16 ft. 3 in. at closest point at the north -south and east- west property lines at the northeast corner of the lot) where 35 ft . is required when abutting a residential district, and 3) Open parking area with a 6 ft. 10 in. interior side yard setback where 15 ft. is required. The Land Use Commission is the recommending body for this case and the City Council is Page 47 of 103 SP1.Page 50 of 237 APPROVED Page 2 of 5 September 6, 2023 Special Land Use Commission Meeting the determining body in accordance with Section 6-3-5-8 of the Evanston Zoning Code and Ordinance 92-O-21. PINs: 05-35-310-015-0000, 5-35-310- 020-0000, 5-35-318-015-0000, 5-35-310-007-0000, 5-35-310-019-0000, 5-35- 310-022-0000 and 5-35-310-008-0000. B. Public Hearing: Zoning Text Amendment | U2 University Athletic Facilities District | 23PLND-0010. Northwestern University requests a Text Amendment to the Zoning Ordinance, Section 6-15-7-2 Permitted Uses, to modify the list of permitted uses in the U2 University Athletics Facilities District and conditions required for public facing concerts. No changes are proposed to the U2 district boundaries. The Land Use Commission is the recommending body for this case and the City Council is the determining body in accordance with Section 6-3-4-6 of the Evanston Zoning Code and Ordinance 92-O-21. Dave Davis, Northwestern University’s Senior Executive Director for Neighborhood and Community Relations, presented an overview and noted that due to community input received to date, they have reduced the request for additional events to fund a new Ryan Field from twelve to six. He stated that it will have 12,000 fewer seats than the current stadium and that police reports confirm that historic events have been well managed. He noted that the proposed six additional concerts represent a 3.5% increase in utilization. Financial highlights include that the new stadium is privately funded and of the $800M investment, 35% is dedicated to local minority and women owned businesses. Luke Figora, Chief Operating Officer, Northwestern University, summarized the proposed text amendment language, components that would be in a Memorandum of Understanding (MOU) and additional public benefits. Darren Nielsen, HNTB Vice President, presented a site plan and archi tectural overview which targets a LEED Gold designation and uses universal design principles. Michael Godoy, CAA ICON, provided a general overview of concert venue operations. Peter Lemmon, Professional Traffic Operations Engineer, Kimley-Horn, reviewed event transportation characteristics of games and concerts, key aspects of the dynamic transportation management plan and emergency response. Greg Hughes, Lead Acoustician, Wrightson, Johnson, Haddon and Willliams, reviewed the concert sound survey and sound model study and proposed mitigations. George Kisiel, President, Okrent Kisiel Associates, presented the applicant's approach to meet the special use standards for approval and belief that minor impacts are offset by the public benefits. Commissioner Questions Commissioners asked clarifying questions of the applicant on site development allowances, status of the capital campaign, final engineering design and construction timelines, stormwater management, parking and traffic. The applicant’s owner’s representative from CAA ICON summarized that demolition is intended to commence in December of 2023 with construction starting late Q1 or Q2 2024 continuing through Q3 2026 and that most of the funding is in place. A construction waste management plan Page 48 of 103 SP1.Page 51 of 237 APPROVED Page 3 of 5 September 6, 2023 Special Land Use Commission Meeting will be developed by the general contractor. Private and public parking utilization statistics, availability and operations for concerts and football games were reviewed. Orientation of the stadium as it relates to pedestrian entrances, internal programming and sound control was discussed. Design, amenities, and possible uses of the open space at the corner of Ashland Avenue and Central Street were described. Permeable pavement is proposed in various locations including portions of the plazas and parking lots. Northwestern University staff explained various text amendment intentions regarding outdoor lecture limits, venue capacity, temporary events and traffic control in the U2 District and agreed that clarifying language could be drafted. The applicant has discussed with city staff that a draft of the Memorandum of Understanding components such as a traffic management plan would be part of the City Council project approval and a final MOU would be considered during the permit process or prior to the first event. Further discussion on coordination with CTA, pedestrian sidewalk and street capacity, and other traffic management issues for events were discussed. The applicant’s representative explained that the economic estimate for local jobs for their MWBE commitment includes partnerships and targets: 1) construction firms within the 3-county area; 2) ongoing operations; and 3) local businesses. Construction traffic impact on Central Street will be detailed once construction contracts are finalized; additionally, there will be a stormwater management plan, dust control mitigations and street repairs as necessary. Public Comment Chair Rodgers called for public comment from organizations and specific requests for continuance. Stephen Harper, 640 Gregory Avenue, Wilmette, requested a continuance in writing regarding noise pollution and the Arup Report. Senta Plunkett, President, Village of Wilmette, and Jerry Smith, Trustee, Village of Wilmette, 1325 Gregory Avenue, Wilmette objected to the proposed text amendment specific to outdoor concerts at Ryan Field and support construction of the stadium for university program and school athletics. Dan Shapiro, Most Livable City Association (MLCA), Evanston, requested continuance for reasons provided in writing regarding text amendment clarifications. At the meeting he also requested: 1) additional time to review any potential new information (traffic management, rebuttal to Arup Report, peer review of the groundwater report, concert operations plan, CTA operational increase discussions, truck traffic and waste removal routing); and 2) the opportunity to ask cross-examination questions of the applicant. Jane Grover, Field of Opportunities, 2677 Prairie Avenue, Evanston, supports the project and suggested equity be considered during the process. Page 49 of 103 SP1.Page 52 of 237 APPROVED Page 4 of 5 September 6, 2023 Special Land Use Commission Meeting Michael O’Connor, 1315 Jenks Street, Evanston, and Field of Opportunities supports the project as a resident adjacent to Ryan Field. Leslie Williams, Community Alliance for Better Government , 2516 Prairie Avenue, Evanston, questioned the proposed economic public benefits including MWBE and considered the additional sustainability, accessibility and educational benefits not dependent on a commercial zoning change. Peggy Baxter, 1320 Jenks Street, and 40 neighbors within 1,000 feet of Ryan Field support the proposed text amendment and special use proposal. She believes the improvements will increase adjacent home values. Raj Ghate, 2505 Jackson Avenue, Evanston, supports the stadium proposal and the potential opportunities it could provide. James Hebson, 1321 Rosalie Street, Evanston, supports the proposal and the potential economic benefits for Central Street. Jeff Smith, 2724 Harrison Street, Evanston, representing Central Street Neighbors Association (CSNA), and believes that the proposal does not meet the standards for approval regarding neighborhood compatibility and parking. Garrett Karp, Evanston Chamber of Commerce, 1007 Church Street, hosted informational sessions and received feedback that businesses are positive about short and long-term opportunities of a stadium, its private funding, and there is overall support for both aspects of the proposal. Scott Gingold, 1326 Isabella Street, requested a continuance due to potential addit ional documents to review. He also asked to see details on related future city revenue and to cross-examine witnesses. Fiona McCarthy, requested a continuance to ask questions on land use qualifications and noise and its subsequent health impacts. Dana Hoffman, 1219 Central Street, submitted paperwork requesting continuance to ask questions regarding concert operations. Deborah Thiersch, 624 Isabella Street, Wilmette, submitted paperwork requesting continuance to address new information. Yvi Russell, 1724 Livingston Street, Evanston, submitted paperwork requesting continuance regarding the text amendment and materials not yet distributed. Mary Rosinski, submitted paperwork requesting continuance regarding the Tripp Umbach Economic Impact Study. Page 50 of 103 SP1.Page 53 of 237 APPROVED Page 5 of 5 September 6, 2023 Special Land Use Commission Meeting Chair Rodgers provided direction on the presentation length including cross- examination for organizations (30 minutes) and individuals (10 minutes). Commissioner Lindwall made a Motion to continue hearing Items A and B to the September 27, 2023 meeting. Seconded by Commissioner Westerberg. A roll call vote was taken, and the motion passed, 8-0. Communications There was none. Adjournment Commissioner Westerberg motioned to adjourn, Commissioner Lindwall seconded, and the motion carried, 8-0. Adjourned 12:14 PM. The next meeting of the Evanston Land Use Commission is a Special Meeting to be held on Wednesday, September 13, 2023, at 7:00 PM, in the James C. Lytle Council Chambers in the Lorraine H. Morton Civic Center. Respectfully submitted, Amy Ahner, AICP, Planning Consultant Reviewed by, Meagan Jones, AICP, Neighborhood and Land Use Planner Page 51 of 103 SP1.Page 54 of 237 APPROVED SPECIAL MEETING MINUTES LAND USE COMMISSION Wednesday,September 27,2023 7:00 PM Lorraine H.Morton Civic Center,2100 Ridge Avenue,James C.Lytle City Council Chambers Members Present:George Halik,Kiril Mirintchev,Kristine Westerberg,Jeanne Lindwall,Brian Johnson,Myrna Arevalo,and Matt Rodgers Members Absent:Max Puchtel and John Hewko Staff Present:Interim Corporation Counsel Alex Ruggie,Community Development Director Sarah Flax,Neighborhood and Land Use Planner Meagan Jones,and Planning Manager Liz Williams Presiding Member:Matt Rodgers _____________________________________________________________________ Call to Order Chair Rodgers opened the meeting at 7:10 PM.A roll call was then done and a quorum was determined to be present. Old Business A.Public Hearing:Special Use for a Planned Development |1501 Central Street |23PLND-0035 Northwestern University requests a Special Use for a Planned Development to demolish the existing Ryan Field stadium and ancillary maintenance building to construct a new 116 ft.tall stadium with a 35,000 spectator capacity in the U2 University Athletics Facilities District.The applicant is requesting the following site development allowances:1)1,408 total parking spaces (515 on-site,893 in parking lot within 1,000 ft.)where 4,364 are required for the principal uses on the zoning lot,2)A landscape strip of less than 35 ft.(specifically,16 ft.3 in.at closest point at the north-south and east-west property lines at the northeast corner of the lot)where 35 ft.is required when abutting a residential district,and 3)Open parking area with a 6 ft.10 in.interior side yard setback where 15 ft.is required.The Land Use Commission is the recommending body for this case and the City Council is the determining body in accordance with Section 6-3-5-8 of the Evanston Zoning Code and Ordinance 92-O-21.PINs:05-35-310-015-0000, 5-35-310-020-0000,5-35-318-015-0000,5-35-310-007-0000, 5-35-310-019-0000,5-35-310-022-0000 and 5-35-310-008-0000. Page 1 of 8 September 27,2023 Special Land Use Commission Meeting Page 52 of 103 SP1.Page 55 of 237 APPROVED B.Public Hearing:Zoning Text Amendment |U2 University Athletic Facilities District |23PLND-0010. Northwestern University requests a Text Amendment to the Zoning Ordinance,Section 6-15-7-2 Permitted Uses,to modify the list of permitted uses in the U2 University Athletics Facilities District and conditions required for public facing concerts.No changes are proposed to the U2 district boundaries.The Land Use Commission is the recommending body for this case and the City Council is the determining body in accordance with Section 6-3-4-6 of the Evanston Zoning Code and Ordinance 92-O-21. Public Comment Chair Rodgers noted the order for public comment would be individuals,then specific requests for continuance with organizations presenting first and then individuals. Speakers were then sworn in. Neil Gambow,927 Michigan Avenue,spoke in support of the stadium and concerts.He mentioned the Ryan Foundation's promise of a $10 million Workforce Development Fund and its potential to provide opportunities for Evanston residents. Susan Barrett-Kelly,1640 Maple Avenue,spoke in favor of Ryan Field and its resulting support of downtown businesses. Mike Vasilko,2728 Reese Avenue,discussed the text amendment and highlighted various passages in the Northwestern University's charter. Robert Orenstein,2600 Eastwood Avenue,discussed his perspective on living close to the stadium and considered the presence of such events as an enhancement to his quality of life and the neighborhood's unique atmosphere. Andrew De Freitas,115 Third Street,raised concerns about public transportation and shuttle services related to the proposed stadium. Lara Hamann,2727 Eastwood Avenue,expressed support for the project and believes that the new stadium will enhance the area and beautify Central Street. Peter Kelly,1640 Maple Street,stated his concerns regarding the appraisal report and questioned comments made about the health effects and harm from stadium events. James Froberg,1531 Lincoln Street,voiced his opposition to the stadium as a year-round,for-profit venue and objected to the site development allowance which would provide fewer parking spaces than required for the principal uses on the site. David Cook,2683 Prairie Avenue,opposed the project and text amendment due to noise,traffic congestion,and pollution. Page 2 of 8 September 27,2023 Special Land Use Commission Meeting Page 53 of 103 SP1.Page 56 of 237 APPROVED Timothy Guimond,2750 Broadway Avenue,expressed skepticism about Northwestern University's economic impact study regarding the proposed stadium and events. Marianne Hopman,311 Driftwood Lane,Wilmette,opposed the project due to concerns that it does not meet the Land Use Commission (LUC)standards related to the impact on public services and facilities and she is concerned about the potential traffic congestion and noise levels resulting from the proposed concerts and for-profit events. Carl Hopman,311 Driftwood Lane,Wilmette,emphasized the need to obtain an accurate sound study. Meredith DeCarlo,1400 block of Lincoln Street,urged the commission to recommend against the zoning change due to its potential disruption to the neighborhood. Sonia Cohen,2707 Prairie Avenue,opposed the rezoning of Ryan Field due to concerns about access to Evanston Hospital and the possibility of disruptive noise levels that could affect standards of medical care. Andrea Smeeton,128 5th Street,Wilmette,read a statement from Deanna Rottenberg who believes that the proposed zoning amendment would negatively impact the residential character of the neighborhood and diminish property values. David Keown,2647 Eastwood Avenue,expressed his agreement with the need for a better stadium but disagrees with the proposed rezoning due to funding the stadium through hosting concerts. Aaron Cohen,2707 Prairie Avenue,called for a spirit of cooperation and dialogue to find a fair and mutually beneficial solution for all parties involved. Anusha Kumar,a Northwestern student,urged Northwestern to listen to the Northwestern Accountability Alliance Coalition and negotiate a Community Benefits Agreement (CBA)in good faith to support Evanston and address historical inequities. Philip Adams,206 5th Street,Wilmette,opposed Northwestern University's rezoning application not for games but for ongoing concert noise. Darlene Cannon,2nd Ward and chair of Evanston's Equity Empowerment Commission, said that the stadium project will not create generational wealth but will instead offer low-level service jobs.She states that NU should establish a skills trade program and support the community in more meaningful ways. Trisha Connolly,2nd Ward and a board member of the Community Alliance for Better Government and member of the Northwestern Accountability Alliance,expressed concerns regarding traffic and transportation related to the proposed project.She also raised questions about access to North Shore Hospital in emergency situations. Page 3 of 8 September 27,2023 Special Land Use Commission Meeting Page 54 of 103 SP1.Page 57 of 237 APPROVED Deborah Morrin,1041 Ridge Avenue,Wilmette,shared her concerns regarding the proposed stadium project and its potential impact on noise and traffic. Bruce Enenbach,723 Emerson Street,spoke in opposition to the proposed text amendment for the project asserting that Northwestern University would be in violation of its state charter if it were to proceed with for-profit or non-educational uses of its campus properties.He asked if the commission would vote on the two issues separately or in combination.Chair Rodgers responded that the procedure is to vote on the items separately although they are heard combined. Noreen Edwards,1224 Oak Avenue,expressed opposition to Northwestern's plan for concerts at the stadium due to concerns about traffic congestion,noise,pollution,and access to the hospital and fire station. Dylan Mader expressed support for the redesign of the stadium itself but is opposed to the addition of extra venues around the stadium due to noise concerns. Sebastian Nalls,9th Ward,expressed concern about Northwestern University engaging in for-profit activities that may disrupt the residential balance of the neighborhood. Shayna Atkins Davis,small business owner in Evanston,expressed support for the Ryan Field project because of its economic opportunity and sustainability goals. Jill Greer,1321 Jenks Street,challenged the necessity of concert revenue for financial viability of the project and suggested exploring alternative funding strategies. Jeff Dalebroux,109 Woodbine Avenue,Wilmette,urged the commission to reject the requested zoning change,emphasizing the potential harm to public health and safety in the community. Michael Nabors,President of the Evanston North Shore NAACP and Senior Pastor of Second Baptist Church,showed support for the Ryan Field project highlighting its potential to create economic opportunities and improve the community's overall well-being. Ray Friedman,2nd Ward,spoke against changing zoning to introduce for-profit concert venues at Ryan Field and expressed concerns about the potential negative community impact. Janiece Fleming,incoming president for Northwestern University's Black Alumni Association,stated her support for the Ryan Field project highlighting its potential benefits for both the Evanston community and Northwestern University. Eric Harper,1620 Jenks Street,conveyed his concern about the potential noise impact on their family posed by the proposed concerts. Page 4 of 8 September 27,2023 Special Land Use Commission Meeting Page 55 of 103 SP1.Page 58 of 237 APPROVED Yvi Russell,1724 Livingston Street,raised questions on the impact on the neighborhood and on the university's history of event management. Chair Rodges called for a break.The meeting resumed at 9:03 PM with the continuance requests. Steven Harper,640 Gregory Avenue,Wilmette,reviewed maps demonstrating that concerts inside the stadium would generate noise pollution beyond Northwestern's property line and argued that the design mitigation elements would not effectively mitigate concert noise as the canopy only covers limited areas.He noted that the distributed sound system is primarily used for football games and not for concerts which typically bring their own sound systems.He said that the sound study assumption of 101 decibels might be too low and low-frequency sounds could disperse further into neighborhoods and should be considered.He mentioned the potential health problems associated with noise pollution.He raised concerns about sensitive sound receivers, such as hospitals,and questioned whether sufficient measures had been taken to minimize noise impact on these areas.He summarized that the Arup Report highlighted gaps in WJHW's information and that WJHW hasn't addressed these gaps adequately. He stated that all materials presented will be provided to the commissioners. Dan Shapiro,Most Livable City Association (MLCA),Evanston,stated that the text amendment application falls short of demonstrating the need for changing the zoning ordinance to accommodate Northwestern's purposes.He highlighted criticisms of the economic impact study and introduced his team to comment on sound,traffic,and property values.Bill James,Camiros,discussed the impact of the proposal on the surrounding neighborhood and residents.He stated that the proposal would result in a significant change in the neighborhood's function and operation,transforming it from a collegiate athletic facility to a regional destination for commercial entertainment events which is not aligned with the existing planning policies and documents vision for Evanston.He argued that the physical improvements to the facility do not mitigate the parking,traffic and height impacts created by the activities and land use.Andrew Lines, CohnReznick,explained that single-family homes are sensitive to changes in land use. He described Forest Hills Stadium in Queens as a comparable case and presented median sale prices for detached single-family homes located within a couple of blocks of the concert venue compared with similar homes located over half a mile away in the same neighborhood.His study found that proximity to the Forest Hills stadium concerts correlated to measurably lower home values and more time on the market.He also referred to other academic studies on the impact of traffic and noise on property values. Mr.Shapiro then addressed several standards pertaining to the text amendment proposal stating that it is not compatible with the comprehensive plan's goals and objectives.Mr.Shapiro concluded with questions for Northwestern representatives on commercialization efforts in the U2 District,facility leasing,economic impact as it relates to the commission standards,a draft memorandum of understanding,and traffic. Page 5 of 8 September 27,2023 Special Land Use Commission Meeting Page 56 of 103 SP1.Page 59 of 237 APPROVED Scott Gingold,1326 Isabella Street,stated he was previously on the City’s Zoning Board of Appeals focused on the change in zoning and the standard related to the City's Comprehensive Plan.He argued that the commercial use of the U2 District is inconsistent with the Plan and would harm the surrounding residential neighborhood.He reviewed historical rejections of Northwestern's attempts to commercialize the U2 District and emphasized the negative impacts,including insufficient parking,traffic congestion,noise violations,and litter.For these reasons,he urged the commission to deny Northwestern's request. Jeff Cohen,1514 Judson Avenue,mentioned he is an Economist and criticized both the Tripp-Umbach and Johnson Consulting studies prepared for Northwestern and the City respectively,stating that they cannot be relied upon for an accurate assessment of the economic impact.He stated that the studies fail to measure important factors,including property values,congestion costs,and wear and tear on infrastructure.He further expressed concerns about the studies'reliance on regional effects rather than Evanston-specific economic benefits.He argued that the assumptions and multipliers used in the studies lacked rigor and that they overestimated the project's fiscal impact. Mr.Cohen concluded that a more comprehensive analysis was needed before proceeding with the project. Fiona McCarthy,1712 Livingston Street,expressed concerns about the potential impacts of the proposed Ryan Field project on her neighborhood and children.She mentioned that living near the stadium already presented challenges related to traffic and parking,particularly during game days,and highlighted issues such as noise pollution and traffic congestion.She argued that the proposed changes to the stadium's use,including hosting concerts,could fundamentally change the character of the neighborhood and negatively affect the health and well-being of its residents and urged the commission to keep the current zoning. Dana Hoffman,1219 Central Street,discussed the impacts of traffic congestion and parking issues during events in the U2 District,specifically focusing on the challenges presented by smaller events that exceed the capacity of the available parking lots.Ken Proskie argued that the applicant's report relied on unrealistic assumptions,resulting in underestimations of parking and shuttle demands.He expressed concerns about the severe shortage of on-site parking and the potential for significant traffic congestion and noise,particularly during event setup and teardown.Ms.Hoffman concluded by urging the committee to consider these negative impacts and vote against the proposal. Deborah Thiersch,624 Isabella Street,Wilmette,illustrated ongoing traffic and parking challenges during smaller events in the U2 District with videos and expressed concern about Northwestern's request to host an unlimited number of 10,000-person events, including 7,500-person outdoor events,which could exacerbate existing traffic and parking problems.She questioned the traffic study.She concluded by urging the denial of Northwestern University's request because of the negative impacts affecting both Evanston and Wilmette. Page 6 of 8 September 27,2023 Special Land Use Commission Meeting Page 57 of 103 SP1.Page 60 of 237 APPROVED Yvi Russell,1724 Livingston Street,raised several environmental and construction-related concerns regarding Northwestern University's proposed stadium development.She emphasized the importance of addressing pollution and other environmental impacts.She pointed out potential pollution sources,such as vehicular traffic and stadium demolition and construction,and questioned the lack of specific measures to mitigate these impacts.Ms.Russell called for more comprehensive studies and mitigation measures to address these issues. Mary Rosinski,7th Ward,discussed the impact of the proposed stadium development on property values and the surrounding neighborhoods.She stated that the stadium's activities would be considered a negative externality,impacting property values due to increased traffic,noise,and congestion.She summarized single-family home sale statistics from the North Shore Multiple Listing Service to address property value claims. Ms.Rosinski concluded by emphasizing the importance of upholding existing zoning and comprehensive plans,highlighting the need to carefully consider the impact of proposed developments on established neighborhoods and the values of the community. Chair Rodgers briefed that at the upcoming meeting on October 11th,Northwestern University will be allotted 25 minutes to provide their final summation and response to public comments/questions provided then address any questions posed to them by the commissioners.He advised that traffic and noise are the primary issues.There will be no further public testimony.It is anticipated that the commissioners will then deliberate and make their recommendation to the city council that evening. Commissioner Westerberg made a Motion to continue hearing Items A and B to the October 11,2023 meeting.Seconded by Commissioner Lindwall.A roll call vote was taken,and the motion passed,7-0. Approval of September 6,2023 and September 13,2023 Meeting Minutes Commissioner Lindwall made a motion to approve the Land Use Commission meeting minutes from September 6,2023.Seconded by Commissioner Westerberg.A voice vote was taken,and the motion passed 7-0. Commissioner Lindwall made a motion to approve the Land Use Commission meeting minutes from September 13,2023.Seconded by Commissioner Westerberg.A voice vote was taken,and the motion passed 5-0 with 2 abstentions. Communications There was none. Adjournment Page 7 of 8 September 27,2023 Special Land Use Commission Meeting Page 58 of 103 SP1.Page 61 of 237 APPROVED Commissioner Lindwall motioned to adjourn,Commissioner Westerberg seconded,and the motion carried,7-0. Adjourned 11:36 PM. The next meeting of the Evanston Land Use Commission is a Special Meeting to be held on Wednesday,October 11,2023,at 7:00 PM,in the James C.Lytle Council Chambers in the Lorraine H.Morton Civic Center. Respectfully submitted, Amy Ahner,AICP,Planning Consultant Reviewed by, Meagan Jones,AICP,Neighborhood and Land Use Planner Page 8 of 8 September 27,2023 Special Land Use Commission Meeting Page 59 of 103 SP1.Page 62 of 237 APPROVED Page 1 of 14 October 11, 2023 Special Land Use Commission Meeting SPECIAL MEETING MINUTES LAND USE COMMISSION Wednesday, October 11, 2023 7:00 PM Lorraine H. Morton Civic Center, 2100 Ridge Avenue, James C. Lytle City Council Chambers Members Present: George Halik, Kiril Mirintchev, Kristine Westerberg, Jeanne Lindwall, Brian Johnson, Myrna Arevalo, Max Puchtel, John Hewko and Matt Rodgers Members Absent: Staff Present: Interim Corporation Counsel Alex Ruggie, Community Development Director Sarah Flax, Neighborhood and Land Use Planner Meagan Jones, and Planning Manager Liz Williams Presiding Member: Matt Rodgers _____________________________________________________________________ Call to Order Chair Rodgers opened the meeting at 7:03 PM. A roll call was then done and a quorum was determined to be present. Approval of September 27, 2023 Meeting Minutes Commissioner Lindwall made a motion to approve the Land Use Commission meeting minutes from September 27, 2023 with staff corrections. Seconded by Commissioner Arevalo. A voice vote was taken, and the motion passed 8—0 with 1 abstention. Old Business A. Public Hearing: Special Use for a Planned Development | 1501 Central Street | 23PLND-0035 Northwestern University requests a Special Use for a Planned Development to demolish the existing Ryan Field stadium and ancillary maintenance building to construct a new 116 ft. tall stadium with a 35,000 spectator capacity in the U2 University Athletics Facilities District. The applicant is requesting the following site development allowances: 1) 1,408 total parking spaces (515 on-site, 893 in parking lot within 1,000 ft.) where 4,364 are required for the principal uses on the zoning lot, 2) A landscape strip of less than 35 ft. (specifically, 16 ft. 3 in. at closest point at the north -south and east- west property lines at the northeast corner of the lot) where 35 ft. is required when abutting a residential district, and 3) Open parking area with a 6 ft. 10 in. interior side yard setback where 15 ft. is required. The Land Use Page 60 of 103 SP1.Page 63 of 237 APPROVED Page 2 of 14 October 11, 2023 Special Land Use Commission Meeting Commission is the recommending body for this case and the City Council is the determining body in accordance with Section 6-3-5-8 of the Evanston Zoning Code and Ordinance 92-O-21. PINs: 05-35-310-015-0000, 5-35-310- 020-0000, 5-35-318-015-0000, 5-35-310-007-0000, 5-35-310-019-0000, 5-35- 310-022-0000 and 5-35-310-008-0000. B. Public Hearing: Zoning Te xt Amendment | U2 University Athletic Facilities District | 23PLND -0010. Northwestern University requests a Text Amendment to the Zoning Ordinance, Section 6-15-7-2 Permitted Uses, to modify the list of permitted uses in the U2 University Athletics Facilities District and conditions required for public facing concerts. No changes are proposed to the U2 district boundaries. The Land Use Commission is the recommending body for this case and the City Council is the determining body in accordance with Section 6-3-4-6 of the Evanston Zoning Code and Ordinance 92-O-21. Katie Jahnke Dale from the law firm of DLA Piper, Zoning Counsel for Northwestern University, addressed concerns expressed at previous meetings. She stated that the proposed concert sounds would not cause negative health impacts on the surrounding community. She reviewed that Northwestern has initiated discussions with various stakeholders, including city departments, CTA, Metra, and others, to develop detailed logistics and traffic management plans to hold large events and committed to regularly reviewing and updating these plans in collaboration with the community. Regarding the proposed text amendment, she stated that Northwestern is asking for six more indoor public facing events and the addition of outdoor events. George Kisiel, President, Okrent Kisiel Associates, addressed the standards for special uses, text amendments, and planned developments. He discussed how these standards can be met and mentioned that mitigating measures are part of the plan. He believes that the addition of six concert events with similar impacts to football games is not incompatible with the character of the existing development and that the proposed text amendment would not cause negative impacts on property values based on the neighborhood history, use of the site and expert reports. Dave Davis, Northwestern University’s Senior Executive Director for Neighborhood and Community Relations, explained that the proposed redevelopment and text amendment would unlock the potential of Ryan Field by strengthening the community and enriching Evanston. He mentioned Northwestern’s efforts to listen to the community's concerns and adjust the proposal and noted the project support received from Evanston residents and organizations. He stated that the project cannot move forward as presented without the approval of the text amendment allowing a limited number of concerts and concluded by looking forward to a collaborative dialogue with city staff and the Evanston community on the project. Commissioner Questions Page 61 of 103 SP1.Page 64 of 237 APPROVED Page 3 of 14 October 11, 2023 Special Land Use Commission Meeting Financial Components Commissioners asked about the financial viability of the project and alternative funds for stadium operating expenses other than concerts. Luke Figora, Chief Operating Officer, Northwestern University, stated that Northwestern’s goal is to build something significantly better and improve upon what currently exists. The proposed plan for constructing and managing the stadium relies on the ability to hold additional events such as concerts. He stated that the maintenance cost would be slightly over $3 million a year in today's dollars and would need to be sustained in perpetuity. Ms. Jahnke Dale added that the request for additional concerts is about finding a balance between the project’s financial aspects and the desire to provide a broader range of events. Commissioners asked about the economic study and the financial benefits of the project. Mr. Davis stated that Northwestern University has proposed a $10 million investment in workforce development, which is an annual payment intended to endow the initiative in perpetuity. They have established a formal partnership with a nonprofit organization, Rebuild and Exchange, for workforce development. Also included is a $2 million annual tax guarantee to the City of Evanston and a concert ticket surcharge which would generate half a million dollars annually for School Districts 65 and 202. He said that these are initial benefits proposed by the University pending further discussions with City Council. Northwestern representatives stated that economic studies which vary in the number of concerts resulted in similar levels of economic benefits and that activity generated by games and concerts are additive to all Evanston businesses. Traffic and Transportation Commissioners asked about the difference between concert and football traffic patterns and managing events during construction. Peter Lemmon, Professional Traffic Operations Engineer, Kimley-Horn, stated that concerts typically require more transit use than football games. Concerns about parking in neighborhoods have been addressed by removing parking in neighborhoods from the plan, which then necessitates more parking in other locations and additional shuttle buses. Scott Arey, Northwestern Athletics, said that during construction parking for basketball games and similar events at Welsh-Ryan will be handled with a shuttle system. Commissioners inquired about discussions with the CTA, Metra, and overall transit use. Mr. Lemmon said the transit agencies committed to looking into the addition of trains based on event size as well as other public transportation options. The predicted breakdown for patrons arriving by transit for concerts is approximately 30% CTA and 10% via Metra, whereas for football games, the percentage of fans arriving by transit is much smaller. Northwestern currently reimburses the City for additional expenses on game days, and this practice will continue. Architecture Page 62 of 103 SP1.Page 65 of 237 APPROVED Page 4 of 14 October 11, 2023 Special Land Use Commission Meeting Commissioners questioned the stadium's open design, the effectiveness of noise control measures, and the possibility of changing the design. Dan Loosbrock, CAA ICON Senior Vice President, responded that the plan aims for a 20-decibel noise reduction and the aesthetic value of the stadium design is important. Darren Nielsen, HNTB Vice President, stated that enclosing the entire stadium would significantly increase the cost of the mechanical system needed for air quality, the stage location was positioned to point away from the nearest residents, and the stadium height has been reduced from earlier iterations. Ms. Jahnke Dale added that sound mitigation options would be finalized once construction drawings are complete. Meagan Jones noted the regulating ordinances for noise violations, and language addressing both noise and traffic will be included in the Memorandum of Understanding (MOU). Community Events Commissioners inquired about community activities including why they have not been activated within the current stadium and what effor ts have been made to engage community members regarding future programs. Mr. Davis answered that the current stadium with grass and concrete infrastructure makes it challenging to host community events. Mr. Davis said that supporters have reached out to express their desire for additional cultural activities and the university is open to more suggestions on how to benefit the community. Site Plan and Engineering Commissioners asked about utilities, storm sewer systems, mechanical equipment, and the loading dock. Mr. Neilsen noted that the current stadium is on a combined sewer system which will be separated as part of the new construction. Sam Hernandez, civil engineer, Smith Group, stated that the new storm sewer alignment has been recommended by both the City and MWRD. The golf course, which needs to be crossed to access the channel, is also part of these discussions. Chris Hale, Perkins and Will, said that a new, taller wall with acoustic mitigation will be constructed to replace the existing screen wall addressing any noise generated by the new mechanical equipment. Other external facilities include a permanent pavilion and temporary ancillary structures for food service. Mr. Neilsen then summarized the loading dock design which includes three permanent elevated parking bays, a ramp for unloading purposes, and a specific section of seating within the stadium that is removable, primarily for concert or non-football events. Northwestern University Charter In response to Commissioner questions, Alex Ruggie confirmed that the City of Evanston does not have jurisdiction over the University’s charter and has not been notified of any issues by the state of Illinois. Ms. Jahnke Dale added that the law firms representing the University have reviewed the documents and are of the opinion that there is no violation of the charter and communication with the State of Illinois does not indicate any issues. Page 63 of 103 SP1.Page 66 of 237 APPROVED Page 5 of 14 October 11, 2023 Special Land Use Commission Meeting Commissioners thanked the residents for their participation, written comments and their research efforts. Chair Rodgers then closed the public comment period and called for a recess. The meeting reconvened the meeting at 9:39 PM. Deliberations A. Special Use for a Planned Development | 1501 Central Street | 23PLND -0035 Commissioner Lindwall said that she believes the stadium proposal generally meets the planned development standards. Commissioner Westerberg recommended a condition that the City have a peer review of the geotechnical plan and any aspects related to stormwater management. Commissioner Hewko noted that the stadium will be a benefit for the entire community. Both Commissioners Johnson and Puchtel supported the stadium particularly because of the small number of site development allowances which improve the site. Commissioner Mirintchev supported the stadium and recommended a condition to add more parking spaces and Commissioner Halik agreed. Chair Rodgers concurred with Commission m embers and spoke about the need to replace the stadium. The Chair reviewed the Standards for a Special Use (Section 6-3-5-10). 1. Is one of the listed special uses for the zoning district in which the property lies: The stadium is a permitted use in the U2 District, so the standard is met. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning ordinance as amended from time to time: The Comprehensive General Plan and the Zoning Ordinance support the growth and evolution of the University while recognizing its place in a residential environment. The proposed stadium aligns with these plans and regulations and aims to minimize adverse effects such as traffic congestion, so the standard is met. 3. 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: The rebuilding of the s tadium offers an opportunity to address existing issues related to traffic management, sound mitigation, and accessibility. The reduced capacity of the stadium will likely have a positive impact on the neighborhood and so the standard is met. 4. Does not interfere with or diminish the value of property in the neighborhood: The construction of a smaller, more efficient stadium for football is expected to enhance the overall neighborhood and potentially increase property values therefore the standard is met. 5. Is adequately served by public facilities and services: The development of a state-of-the-art stadium will increase the demand on public facilities and services, necessitating coordination between the University, the City, and MWRD for water detention and management. The expectation is that the University is willing to invest in necessary improvements to enhance their facility's functionality, thereby meeting this standard. Page 64 of 103 SP1.Page 67 of 237 APPROVED Page 6 of 14 October 11, 2023 Special Land Use Commission Meeting 6. Does not cause undue traffic congestion: The construction of the stadium will impact traffic in the area, but there is an opportunity to create a more effective traffic management plan and so the standard is met. 7. Preserves significant historical and architectural resources: The present stadium, although designed by a prominent architect, is not historically significant. The University is in discussions with the Potawatomi Tribe to address their concerns regarding the protection of artifacts which will be noted as a condition in the decision, so the standard is met. 8. Preserves significant natural and environmental resources: The proposal includes a better use of the environment by utilizing outdoor spaces for various events in the future. The plan addresses stormwater management and aligns with sustainability standards, including LEED Gold certification, the Green Building Ordinance, as well as Bird Friendly Evanston meeting the standard. 9. Complies with all other applicable regulations of the district in whic h 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: Replacing a 100-year-old stadium with a more efficient, accessible, and code - com pliant facility meets the standard. Chair Rodgers asked for Commissioner comments on the standards. There were none. The Chair reviewed the Standards for Special Use for Planned Developments (Section 6-3-6-9). 1. The requested Site Development Allowance(s) will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties that is beyond a reasonable expectation given the scope of the applicable Site Development Allowance(s) of the Planned Development location: The request for the stadium site allowances aligns with the existing conditions on the site, including setbacks and parking so the standard is met. 2. The proposed development is compatible with the overall character of e xisting development in the immediate vicinity of the subject property: The proposed stadium design aligns with modern standards and improvements that are necessary for a 21st-century collegiate stadium thus meeting the standard. 3. The development site circulation is designed to in a safe and logical manner to mitigate potential hazards for pedestrians and vehicles at the site and in the immediate surrounding area: The development site circulation is well-planned to ensure the safety of pedestrians and vehic les in the area and builds upon a century of experience operating football games on the site, so the standard is met. 4. The proposed development aligns with the current and future climate and sustainability goals of the City: The proposed stadium design inc orporates various codes, ordinances, and guidelines, incorporating bird -friendly building design, and using eco-friendly materials so the standard is met. 5. Public benefits that are appropriate to the surrounding neighborhood and the City as a whole will be derived from the approval of the requested Site Development Page 65 of 103 SP1.Page 68 of 237 APPROVED Page 7 of 14 October 11, 2023 Special Land Use Commission Meeting Allowance(s): Several public benefits have been discussed, including local hiring initiatives for minority and women-owned businesses, marketing and advertising support for Central Street, an all-electric Net Zero Ryan Field, additional Divvy bike stations, environmental considerations such as storm sewer replacement and others so the standard is met. Chair Rodgers asked for Commissioner comments on the standards. Commissioner Lindwall mentioned that staff noted there may be a need to replace the water main on Ashland Avenue. Commissioner Puchtel made a Motion to recommend approval for a Special Use for a Planned Development to the City Council for the property located at 1501 Central Street, z oning case number 23PLND -0035, with the following conditions: 1. A Traffic Management Plan for all events with an expected capacity of more than 5,000 attendees shall be finalized prior to the completion of demolition and shall be reviewed administratively on an annual basis and when changes to events are proposed. 2. A Memorandum of Understanding (MOU) between the City of Evanston and Northwestern University shall be approved that includes but is not limited to the following: ● Use and reimbursement of City services for events ● Coordination meetings for events ● Security Plan ● Sustainability Plan ● Traffic Management Plan ● Alcohol Controls ● Public Benefits ● Community Input 3. Implementation of mitigation measures at the University’s expense suggested within the Environmental Assessment Review and subsequent Peer Review, including but not limited to: ● Maintain use of best practice design elements proposed for the stadium including, utilization of a distributed house sound system within the seating bowl that limits noise levels to 70 DBH at the property line, providing additional canopy or roof/dome above the seating areas that incorporates adequate sound reduction characteristic s, and use of enclosures and walls that help reduce sound emissions to the surrounding community. ● Add vertical barriers around the concourse areas or other openings in the stadium. Barriers can be permanent or retractable. Utilization of sound-absorbing materials on the exterior of stadium structures where appropriate and effective shall also be incorporated into the building design. ● Implement the Best Management Practices (BMP) listed in the Transportation Management Plan (TMP) to reduce traffic gene rated noise. Page 66 of 103 SP1.Page 69 of 237 APPROVED Page 8 of 14 October 11, 2023 Special Land Use Commission Meeting ● Incorporate sound dampening materials into the design of the mechanical equipment enclosure. 4. The applicant shall propose additional traffic & pedestrian mitigation measures that increase pre and post event LOS prior to City Council consideration. 5. Implementation of mitigation measures at the applicant’s cost suggested within the Traffic Impact Study and subsequent Peer Review, including but not limited to: ● Implement specific roadway improvements where necessary, feasible and practical, including: ● Identify and design mitigation measures to enhance pedestrian safety. ● Enhance connections and linkages to transit. ● Include on-site transit information kiosks. ● Provide off-site parking for employees. ● Ensure ongoing compliance with the City of Evanston Multi- Modal Transportation Plan. 6. Use of the plaza shall comply with all City Codes relating to noise. 7. Truck traffic and deliveries used for events to load and unload equipment shall be limited to the below grade area. 8. That the development complies with Chapter 4-13, Floodplain Regulations, of the Evanston City Code and the Watershed Management Ordinance of the Metropolitan Water Reclamation District, prior to the issuance of any building permits. 9. That the development complies with the City’s bird-friendly design requirements per Ordinance 83-O-22 and Green Building Ordinance 82-O-22 prior to the issuance of any building permits. 10. That the development complies with the City’s electric vehicle parking requirements per §4-2-2, Table 406.2.7.2 of the City Code prior to the issuance of any building permits. 11. That the applicant repairs any damage done to public rights -of-way as a result of construction on site. 12. That the applicant signs and agrees to a Const ruction Management Plan (CMP) with the City of Evanston prior to the issuance of any building or demolition permits. The CMP must include but is not limited to the following: water and sewer utility connections, construction staging plan, on -site and off- site construction parking restrictions, construction truck routes, hours of operation, a plan including cross -sections showing pedestrian access around the site with the use of curb ramps, signage and/or striping, if necessary, foundation survey of surrounding structures including weekly reporting of seismographs for the duration of demolition and construction, submittal of environmental testing report prior to construction, visibility diagram for all construction site access points, a proposed schedule for street opening for utility connections with cross -section details, traffic management plan that addresses events being held in the U2 District during construction, and an Page 67 of 103 SP1.Page 70 of 237 APPROVED Page 9 of 14 October 11, 2023 Special Land Use Commission Meeting ongoing communications plan including but not limited to project updates via monthly newsletter and project website. 13. That the applicant must record the approving ordinance with the Cook County Clerk’s Office. 14. A Ryan Field Sustainability Plan that includes both “Construction” and “Operations” with either an all-electric net zero building or a pathway to net zero greenhouse gas emissions by 2040. a. “Construction” i. Provide plan for deconstruction (not demolition) of the existing structure ii. Provide plan for onsite materials reuse iii. Use low-carbon steel and low -carbon concrete iv. Calculate embodied carbon v. Conduct feasibility study of greywater digester for food prep waste in concession areas vi. Collaborate with ComEd on full building electrification, EV charging, and available incentives vii. Conduct new feasibility study of solar PV or solar parking canopies b. “Operations” i. Plan a path towards net zero greenhouse gas emissions that primarily addresses emissions from the building’s energy usage by 2040 ii. Include food waste diversion services within the Stadium Complex. iii. Include reusable food and beverage wares and the needed infrastructure. iv. Provide litter management plans for parking lot and neighboring areas v. Install hand dryers in restrooms 15. The Applicant consults with Tribal representatives and the State Historic Preservation Office relating to archaeological oversight before and during excavation and construction to ensure that Native American ancestral burials and archaeologically sensitive sites are treated in an appropriate manner. 16. Provide an updated timeline for construction prior to City Council review. 17. The Applicant meets with residents to discuss the option of constructing an above-grade or below-grade garage on the east or west parking lot if desired in lieu of parking in the neighborhood. 18. The Applicant provides funding for the City to initiate an independent peer review of the stormwater management system and the geotechnical aspects of the project. 19. The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with the Page 68 of 103 SP1.Page 71 of 237 APPROVED Page 10 of 14 October 11, 2023 Special Land Use Commission Meeting following: the terms of this ordinance; the Development Plan in Exhibit D, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant's testimony and represent ations and documents to the Land Use Commission, the P&D Committee, and the City Council. 20. The Applicant shall follow the general conditions, site controls and standards as enumerated in Section 6-18-1-9 of the Evanston City Code. Seconded by Commissioner Westerberg. A roll call vote was taken, and the motion passed, 9-0. Deliberations (continued) B. Zoning Text Amendment | U2 University Athletic Facilities District | 23PLND-0010. Commissioner Halik objects to the text amendment allowing concerts because the parking management plan strains road and facility resources and the ineffective financial arguments for concerts. Commissioner Westerberg concurred and added that the many outstanding issues result in a plan that does not meet the standards to manage and mitigate potential negative community impacts. Commissioner Lindwall said the text amendment does not meet the standards as it raises concerns about its compatibility with the surrounding community, the impact on transportation and parking, and noise issues. She pointed out that the current zoning language allows for temporary events which could be an opportunity to evaluate the real -world impact of concerts. Commissioner Puchtel expressed discomfort with some of the financial arguments made by the university and due to the lack of clear information, he suggested considering concerts in the future. Commissioner Arevalo spoke in support of concerts expressing that music has a unifying power and that should be considered as well. Commissioner Mirintchev said he is concerned about unforeseen negative consequences for the city and the surrounding neighborhood and finds the wording of the amendment unclear. Commissioner Johnson does not see a clear positive benefit for concerts when considering the neighborhood's character, impact, city revenues, expenses, and other factors. Commissioner Hewko also expressed concerns about the university's financial arguments for the text amendment but believes that concerts could be a positive addition to Evanston with strict conditions to address noise and traffic. Chair Rodgers questioned the intensity of the use. Chair Rodgers proposed alternative language for the text amendment to clarify the types of community events permitted as follows: ● Intramural, intercollegiate, or amateur sports and athletic events and practice thereof. ● Band playing and practice in connection with another permitted use. Page 69 of 103 SP1.Page 72 of 237 APPROVED Page 11 of 14 October 11, 2023 Special Land Use Commission Meeting ● Outdoor lectures, speakers, non-musical festivals, social events and other community or cultural events, and musical performances in conjunction or associated with the foregoing (which shall require loudspeaker permits from the City for any noise amplification), hosted by the University or City and designed for the University or local community with conditions in a Memorandum of Understanding. Such events shall not include any outdoor plaza rentals to organizations not affiliated with the University or City. ● Banquet halls, including breakfasts, luncheons, dinners, meeting, and dining room facilities, provided that attendance is limited to the capacity of the specific facilities. ● Off-street parking for hospital employees and for university students, employees , guests, and invitees. ● Public-facing concerts, provided the conditions for use be listed in a Memorandum of Understanding. ● Any uses not outlined herein shall require approval by the City’s Special Events Committee. Chair Rodgers additionally recommended moving some of the text amendment detail to the MOU including: 1. Use and reimbursement of city services for events. 2. Prohibition of tailgating for concert events. 3. Coordination meetings for events. 4. Security Plan. 5. Sustainability Plan. 6. Traffic Management Plan. 7. Concert Operations Plan. 8. Advanced notice of concerts. 9. Alcohol controls. 10. Public benefits 11. Community input. 11. The frequency and use of concerts. 12. Concert events should not include outdoor plaza rentals to organizations not affiliated with the University or the city. 13. Spectator capacity at concerts within Ryan Field is limited to 28,500 unless a revised traffic impact study is submitted for review prior to scheduling an event. 14. Sound may be amplified, subject to legal requirements and permits, as follows: ● From 10:00 a.m. to 10:00 p.m. on Sundays through Thursdays. ● From 10:00 a.m. to 10:15 p.m. on Fridays, Saturdays, and days preceding national holidays. 15. The public address (PA) system should be designed so that it does not exceed a Lmax of 70 dBA at the neighboring noise sensitive land uses, i.e., residences. This would require the installation of a distributing sound system with highly Page 70 of 103 SP1.Page 73 of 237 APPROVED Page 12 of 14 October 11, 2023 Special Land Use Commission Meeting directional and carefully aimed loudspeakers around the bleachers and field. The distance between the loudspeakers and the coverage area should be minimized to reduce spill to the community. In addition, the PA system output volume should be regulated by an audio processor with the ability to limit the audio output levels (e.g. compressor/limiter). 16. Concert events are required to use the Stadium's public address system. 17. Install sound monitoring devices in and around the stadium, in the stadium seating bowl (typically at the mix position), on the stadium property, and/or within the surrounding residential areas. 18. Sound absorbing materials are used on the exterior stadium structures where appropriate and effective to reduce noise levels at adjacent off -site sensitive receptors. 19. Private security is provided for University owned parking areas. 20. Vehicles may idle only in approved designated areas on the private property. 21. Parking structures located within 200 feet of any residential use shall be constructed with a solid wall fronti ng the residences and utilize textured surface on garage floors and ramps to minimize noise. 22. The University implements best management practices for transportation demand management to reduce the traffic generated noise. 23. The loading dock and trash recycling areas for the stadium are in the below grade level which will preclude noise from this source at exterior locations. 24. Truck traffic and deliveries used for events load and unload in the below grade area. 25. The Traffic Management Plan is reviewed and updated administratively between the City and the University on an annual basis and when changes to events are proposed. 26. Set-up and take-down for said concerts shall be conducted in such a manner that trucks are utilized in the below -grade area and active take-down after concerts shall be limited to 2 hours after evening concert completion. All set -up and take- down activities shall follow regulations enumerated in City Code Section 9 -5-20 and Section 10-4-18. Commissioner Lindwall led Commission discussion and review of the Standards for Amendments (Section 6-3-4-5). 1. Whether the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive General Plan as adopted and amended from time to time by the City Council: The Comprehensive General Plan and the Zoning Ordinance support the growth and evolution of the University while recognizing its place in a residential environment meeting the standard. Large-capacity public -facing concerts have little to do with the educational mission of the University and do not meet the intent and goals of the Comprehensive Plan. There was some disagreement, with the explanation that construction of a new stadium for only 7 football games is not the highest and best use of the property. 2. Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property: Given the Page 71 of 103 SP1.Page 74 of 237 APPROVED Page 13 of 14 October 11, 2023 Special Land Use Commission Meeting lack of nearby parking and the challenges of transporting large numbers of people for concerts, the standard cannot be met. However, with appropriate conditions and a MO U, the amendment can be adapted to better suit the immediate neighborhood and then the standard c ould be met. 3. Whether the proposed amendment will have an adverse effect on the value of adjacent properties: Studies provided by the applicant mainly focus on sports facilities and not concert venues. Neighbors presented evidence to support their assertion that property values will be adversely affected by a comparable concert venue. That leads to the standard not being met. Some disagreement was expressed that the evidence and testimony submitted shows there would be impacts from the proposed uses on adjacent properties, however, an MOU which would regulate how these uses are managed as part of the Planned Development Ordinance c ould ensure necessary mitigations to address any concerns and thus meet the standard. 4. The adequacy of public facilities and services: There was discussion that the standard is not met with regards to existing public transportation infrastructure and the projected reduction in the level of service at certain intersections for the contemplated concerts and events. However, there was testimony provided that indicated that the infrastructure was sufficient for football games and implementing a Traffic Management Plan and negotiating improvements with the university can lead to the adequacy of public facilities and services being met for the contemplated concerts and events. Commissioner Lindwall made a Motion to recommend approval for a Zoning Text Amendment to the City Council for the U2 University Athletic Facilities District, zoning case number 23PLND -0010. Seconded by Commissioner Hewko. Chair Rodgers proposed an amendment as follows: ● Intramural, intercollegiate, or amateur sports and athletic events and practice thereof. ● Band playing and practice in connection with another permitted use. ● Outdoor lectures, speakers, non-musical festivals, social events and other community or cultural events, and musical performances in conjunction or associated with the foregoing (which shall r equire loudspeaker permits from the City for any noise amplification), hosted by the University or City and designed for the University or local community with conditions in a Memorandum of Understanding. Such events shall not include any outdoor plaza ren tals to organizations not affiliated with the University or City. ● Banquet halls, including breakfasts, luncheons, dinners, meeting, and dining room facilities, provided that attendance is limited to the capacity of the specific facilities. ● Off-street parking for hospital employees and for university students, employees, guests, and invitees. ● Public-facing concerts, provided the conditions for use be listed in a Memorandum of Understanding. Page 72 of 103 SP1.Page 75 of 237 APPROVED Page 14 of 14 October 11, 2023 Special Land Use Commission Meeting ● Any uses not outlined herein shall require approval by the City’s Special Events Committee. Seconded by Commissioner Hewko. A roll call vote was taken, and the motion failed, 3-6. Reverting to the original motion to recommend approval of the text amendme nt as written. A roll call vote was taken, and the motion failed, 2-7. Communications There was none. Adjournment Commissioner Lindwall motioned to adjourn, Commissioner Hewko seconded, and the motion carried, 9-0. Adjourned 11:48 PM. The next meeting of the Evanston Land Use Commission will be held on Wednesday, October 25, 2023, at 7:00 PM, in the James C. Lytle Council Chambers in the Lorraine H. Morton Civic Center. Respectfully submitted, Amy Ahner, AICP, Planning Consultant Reviewed by, Meagan Jones, AICP, Neighborhood and Land Use Planner Page 73 of 103 SP1.Page 76 of 237 Name (first and last)Address of residence or property ownedPosition on Agenda Item (as applicable)If you are providing a written comment, please leave here: Mike Vasilko 2728 Reese Avenue Opposed It is unfair and probably unlawful for the LUC Chair and committee members to refuse to include the State Law NU Charter LAND USE evidence in their deliberations. Evidence was submitted in accordance with LUC rules. It is on the record that LUC violated their rules, procedures, and morals regarding this issue. Page 74 of 103SP1.Page 77 of 237 Northwestern Proposed Draft MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (this “Memorandum”) is effective as of [______________]1, 2023 (the “Effective Date”), by and between NORTHWESTERN UNIVERSITY, an Illinois corporation (“Northwestern”), and THE CITY OF EVANSTON, a municipal corporation (the “City”). Northwestern and the City are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. As used herein, the term “Northwestern” shall include its contractors, operators and/or affiliates, as applicable. RECITALS WHEREAS, Northwestern and the City have a long history of working together to enhance a nd support the Evanston community through various collaborative efforts. WHEREAS, in furtherance of the Parties’ continued cooperation with respect to the entire Evanston community as a whole, the Parties desire to set forth (i) certain operational and logistical considerations with respect to Ryan Field following its redevelopment (the “Ryan Field”) for events ticketed for a minimum of ten thousand (10,000) individuals and (ii) certain public benefits. Such public benefits are intended to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, rebuild a new Ryan Field which will further vitalize the community, and help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. WHEREAS, the successful operation of Ryan Field will in certain respects require separate considerations and requirements to apply during football games (“Football Games”), amplified musical performances inside the stadium intended as publicly facing capacity concerts (“Concerts”), and all other times. NOW, THEREFORE, in consideration of: the mutual covenants set forth herein, the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, the legal and regulatory environment as of the Effective Date, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed; the Parties hereto, intending to be legally bound hereby, agree as follows: 1. Recitals. The foregoing recitals are acknowledged to be accurate and are incorporated herein by reference. 2. City Services. a. City Personnel. The City shall provide personnel in such quantities, at such locations, and during such hours as Northwestern may designate, upon oral or written notice delivered at least three (3) days prior to the date on which such personnel are requested to perform services (the “Event Date(s)”); provided, however, that the City, may, but shall not be obligated to provide any personnel unless Northwestern delivers written notice at least one (1) month prior to any Event Date and such notice describes: (i) the Event Date, (ii) an estimated number of personnel that the Northwestern might designate on the Event Date, and (iii) an estimated number of hours personnel may be requested to work. 1 Note to Draft: The Effective Date will be on or after the passage of the Approval Ordinances that are mutually agreeable to the City and Northwestern Page 75 of 103 SP1.Page 78 of 237 2 b. Reimbursement. Northwestern shall reimburse the City for the City’s out-of-pocket costs on Event Dates incurred in connection with providing personnel pursuant to Section 2.a. above necessary for the operation of Ryan Field according to the reimbursement schedule attached as Schedule 1 hereto, which may be modified from time to time by agreement between the Parties. 3. Tailgating Activities. Except to the extent tailgating or related activities occur inside Ryan Field or within its plazas, Northwestern will not permit or facilitate tailgating activities on Event Dates for Concerts. 4. Security Plan. Northwestern shall deliver a reasonable security plan to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Security Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Security Plan shall describe Northwestern’s intentions with respect to providing, supervising or otherwise coordinating security services in connection with the operation of Ryan Field, such as, by way of example only, the following: a. police and/or security staffing levels; b. use of magnetometers; c. bomb sweeps; and d. coordination with City Police, State of Illinois Police, and the Federal Bureau of Investigation. 5. Sustainability Plan. Northwestern shall deliver a reasonable sustainability plan to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Sustainability Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Sustainability Plan shall describe Northwestern’s intentions with respect to activities related to environmental sustainability in connection with the operation of Ryan Field, such as, by way of example only, the following topics: a. trash clean-up; b. recycling; c. composting; d. water management; and e. greenspace. 6. Traffic Management Plan. Northwestern shall deliver a reasonable traffic management plan in substantially the form of Schedule 2 attached hereto to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Traffic Management Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Traffic Management Plan shall describe Northwestern’s intentions with respect to activities related to regulating, managing, controlling, or otherwise affecting traffic flows on Event Dates in connection with the operation of Ryan Field, such as, by way of example only, the following activities: a. providing or facilitating non-vehicular modes of transportation, including pedestrians and bicycles; b. providing or facilitating shuttles; c. facilitating off-site vehicular parking; Page 76 of 103 SP1.Page 79 of 237 3 d. enabling efficient access to or for transportation network providers and ride share; e. restricting street access; and f. supervising, limiting or otherwise regulating permit parking. 7. Concert Operations Plan. Northwestern shall deliver a reasonable concert operations plan to the City prior to the first Concert Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Concert Operations Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Concert Operations Plan shall describe Northwestern’s intentions with respect to activities in connection with the operation of Concerts at Ryan Field, such as, by way of example only, the following topics: a. management of noise levels consistent with the Approval Ordinances and the approved Concert Operations Plan; b. sound check protocols; c. traffic and parking management; d. coordination with City personnel prior to and during Concerts; e. staging and underground or off-site storage for trucks and buses; f. fines for noncompliance; and g. set up and take down of Concert equipment. From Labor Day to Memorial Day, Northwestern agrees that evening concerts on Sunday through Thursday (assuming the next day is not a holiday) will not be permitted without prior approval from the City. 8. Advance Notice of Events. Northwestern shall use its best efforts to provide significant advance notice to the City and Evanston communit y of any capacity events to occur at Ryan Field or the associated plazas. 9. Public Benefits. Northwestern is committed, both through its own efforts and through the efforts of its contractors and vendors, to (i) furthering opportunities for a broad and diverse membership of the Evanston community to participate in and benefit from the design, construction, maintenance and operation of a newly rebuilt Ryan Field, (ii) fostering a broader relationship and strengthening a deeper connection between Northwestern and the entire Evanston community, (iii) rebuilding a new Ryan Field, and (iv) helping provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole . To all those ends, and pursuant to Section 6-3-6-3 of the Evanston Zoning Ordinance (Public Benefits), Northwestern agrees to the public benefits (and duration of such) as outlined on Schedule 3 attached hereto assuming the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. In connection with such public benefits, Northwestern will make certain voluntary payments to the City and other City stakeholder organizations, all as described on Schedule 3. The parties acknowledge that Northwestern is tax-exempt and any such voluntary payments shall not impact Northwestern’s tax-exempt status or be considered a tax, tariff or duty or a payment in lieu thereof. In light of the broader relationship between Northwestern and the entire Evanston community, and in the spirit of a renewed greater partnership between Northwestern and the City going forward, the Parties agree that they are committed to collaborating in good faith and reasonably working with one another with respect to all Northwestern/City matters beyond the new Ryan Field for years to come. Page 77 of 103 SP1.Page 80 of 237 4 10. Community Advisory Council. Northwestern shall meet at least twice annually with the Community Advisory Council (as hereinafter defined), unless such meetings are reduced and/or such Community Advisory Council is terminated in writing by the City. The purpose of the Community Advisory Council shall be to review the Traffic Management Plan and Security Plan and their updates, as provided for above, receive updates on Northwestern’s M/WBE hiring during construction and to gather and disseminate information regarding the operation of Ryan Field from neighborhood residents to Northwestern and the City, and vice versa. As used herein, the “Community Advisory Council” means a council composed of three (3) members appointed by Northwestern staff and three (3) members appointed by City staff. Such members shall be appointed in accordance with such rules as Northwestern and the City may from time to time agree. 11. Alcohol Sales. The Parties shall cooperate such that Northwestern will (i) obtain all permits, licenses and approvals required for the sale of alcohol at Ryan Field and its Events prior to opening of the new stadium, and (ii) maintain all such permits, licenses and approvals for so long as Northwestern causes vendors to make alcohol available at Ryan Field and its Events. In connection therewith, Northwestern shall use commercially reasonable efforts to cause professional servers to utilize industry-standard practices for the service of alcohol, such as, by way of example only: a. reviewing customers’ identification for compliance with applicable age limits; b. limiting the number of alcoholic drinks that any individual may purchase; and c. stopping general admission alcohol service in accordance with best practices for Football Games and Concerts. 12. Term. The term of this Memorandum shall be perpetual for so long as Northwestern is hosting Football Games and Concerts at Ryan Field pursuant to that certain Ordinance XX-O-23 Granting the Ryan Field Planned Development and that certain Ordinance XX-O-23 Amending the Zoning Ordinance Regulations for the U2 University Athletic Facilities District (in forms mutually agreeable to the City and Northwestern, collectively, the “Approval Ordinances”), Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. The City shall not revoke, rescind, modify or otherwise alter the Approval Ordinances without Northwestern’s prior written and signed consent. For the avoidance of doubt, to the extent any term, condition or provision is explicitly time limited herein, this Section 12 shall not override such explicit time limitation. 13. Notices. Any and all notices, elections or demands permitted or required to be made under this Memorandum shall be in writing, signed by the party giving such notice, election or demand, and shall be delivered personally, by receipted commercial courier service, or sent by registered or certified United States mail, postage prepaid, return receipt requested to the other party at the address set forth below, or at such other address as may have heretofore been designated in writing. The date of personal delivery or three (3) days after postmark of date of mailing, as the case may be, shall be the date such notice, election or demand is deemed delivered. If to the City: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attn: City Manager; Corporation Counsel; ________________; and ________________ Page 78 of 103 SP1.Page 81 of 237 5 If to Northwestern: Northwestern University 633 Clark Street Evanston, Illinois 60208 Attn: Vice President and Chief Operating Officer; Vice President and Chief Financial Officer; and Senior Executive Director of Neighborhood and Community Relations with copy to: Northwestern University Office of General Counsel 633 Clark Street Evanston, Illinois 60208 Attn: General Counsel 14. Not an Easement or Public Dedication; Authorizations. a. Notwithstanding anything herein to the contrary, and for the avoidance of doubt, nothing herein shall be deemed to: be an easement, lease or license to any individual, entity, municipality or the general public; confer any rights, title, interests or benefits upon or in favor of any individual, entity, municipality or the general public; be a gift or dedication of any portion of Ryan Field or its surrounding areas to any individual, entity, municipality or the general public; or a specific right to any individual, entity, municipality or the general public to use Ryan Field or its surrounding areas, other than the general rights of use in common with all other individuals and members of the general public as expressly contemplated by this Memorandum; it being the intention of the Parties that this Memorandum shall be strictly limited to and for the purposes herein expressed, and for no other use or purpose. The City shall not record this Memorandum or any summary thereof. b. To the extent the consent, authorization or approval of or license from, or notice to, the City is required with respect to this Memorandum or its subject matter, then the City hereby acknowledges and agrees that its execution of this Memorandum shall be deemed to have satisfied any such consent, authorization, approval, license or notice requirement. To the extent the consent, authorization or approval of or license from, or notice to, any third party or other governmental authority (including Cook County or the State of Illinois) is required with respect to this Memorandum or its subject matter, then the Parties agree to cooperate with each other to obtain such consent, authorization, approval or license or give such notice. 15. Miscellaneous. a. This Memorandum is a legally binding agreement between the Parties, and is legally enforceable upon each Party by the other Party. b. This Memorandum may only be amended, modified or supplemented in writing signed by each Party; provided, however, that Northwestern may unilaterally amend this Memorandum in order to comply with any applicable law, rule, order, settlement, regulation or licensing requirement, or change thereof, and shall give the City written notice thereof. The Parties shall enter into such amendments to this Memorandum as may be necessary to effectuate the continued operation of Ryan Field. Page 79 of 103 SP1.Page 82 of 237 6 c. If any provision of this Memorandum or any word or part thereof or any application thereof is determined to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect any other provision of this Memorandum, this Memorandum shall be construed as if such invalid, illegal or unenforceable part were never included herein, the remainder of this Memorandum shall be and remain valid and enforceable to the fullest extent permitted by law, and the Parties shall negotiate in good faith to modify this Memorandum so as to effect the original intent of the Parties as closely as possible. d. This Memorandum shall be exclusively governed by and construed in accordance with the laws of Illinois, excluding its choice or conflict of law principles. All disputes and claims relating to this Memorandum not resolved between the Parties shall be resolved exclusively by binding confidential arbitration applying Illinois law and administered by an arbitrator mutually agreed upon by the Parties. The place of any such arbitration shall exclusively be Evanston, Illinois. e. Each Party hereby forever waives and releases any and all claims, demands, or causes of action it may have, known or unknown, against the other in any way related to this Memorandum. f. The Parties are and shall be independent contractors and this Memorandum shall not be construed to create any relationship of partnership, joint venture or other similar relationship. g. Neither Party shall be liable for any failure of or delay in the performance of this Memorandum for the period that such failure or delay is due to force majeure, including, but not limited to: war, terrorism, riots, fire, flood, tornado, earthquake, lightning, pandemic, other acts of God, explosion, strikes, labor disputes, acts of state or governmental action prohibiting or impeding any party from performing its respective obligations hereunder, or any other reason beyond the reasonable control of such Party. h. [Note to Draft: Reasonable insurance and indemnity provisions to be reasonably negotiated between Northwestern and City Staff.] i. This Memorandum constitutes the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements, written or oral, with respect thereto. j. This Memorandum shall equally apply to any successor or assign of any Party. No Party may assign or delegate its rights or obligations hereunder without the prior written consent of the other Party, except that Northwestern may assign or delegate any or all of this Memorandum or the rights or obligations hereunder to a wholly-owned subsidiary of Northwestern. k. This Memorandum does not confer any right, benefit or remedy upon any individual, entity or municipality that is not a Party hereto. l. No failure or delay in exercising any right or remedy shall be a waiver thereof. No waiver shall be effective unless in writing and signed by the party so waiving. m. This Memorandum may be executed in counterparts and delivered by electronic means (e.g., fax, email, docusign). [Signature pages follow] Page 80 of 103 SP1.Page 83 of 237 [SIGNATURE PAGE TO RYAN FIELD MEMORANDUM OF UNDERSTANDING] ACTIVE\201374735.7 IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Understanding as of the Effective Date. NORTHWESTERN UNIVERSITY By: ____________________________ Name: ____________________________ Its: ____________________________ THE CITY OF EVANSTON By: ____________________________ Name: ____________________________ Its: ____________________________ Page 81 of 103 SP1.Page 84 of 237 SCHEDULE 1 SCHEDULE 1 REIMBURSEMENTS [Note to Draft: To be determined between the City Staff and Northwestern] Page 82 of 103 SP1.Page 85 of 237 SCHEDULE 2 SCHEDULE 2 FORM OF TMP Attached. Page 83 of 103 SP1.Page 86 of 237 SCHEDULE 3 SCHEDULE 3 PUBLIC BENEFITS PACKAGE In accordance with Section 6-3-6-3 of the Evanston Zoning Ordinance, in order to provide benefits to the surrounding neighborhood and the City as a whole from the Approval Ordinances, to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, and to help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole, and assuming the passage of the Approval Ordinances, Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date, Northwestern agrees to the following public benefits: For a period of ten (10) years commencing in 2024: 1. Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of interest as mutually agreed to by the City and Northwestern. 2. An annual investment of $500,000 (as supported by a $10 million gift from the Ryan family to Northwestern) in local workforce development programming and upskilling initiatives, which may include contributions to other organizations, City programs or Northwestern programs that are committed to workforce development in Evanston. 3. An annual investment of $500,000 in racial equity programming, which may include contributions to other organizations or City programs committed to racial equity. 4. Contribute at least $1,000,000 per year in aggregate to Evanston nonprofit organizations, community groups, faith-based institutions and/or schools, which contributions shall be documented and provided to the City. 5. Enhance efforts to increase applications and admittance of Evanston high school students to Northwestern, including by establishing a fund of at least $2,000,000 per year to award financial aid to such students. 6. Contribute at least $250,000 annually towards the revitalization of downtown Evanston, including programs such as the “clean team,” with the goal of continuing to make the downtown business district attractive for Northwestern students and Evanston community members alike. 7. Develop a local hiring and contracting program for design and construction jobs that encourages the hiring of minority and women-owned business enterprises (“M/WBE”), with priority given to Evanston-based businesses, which program shall reasonably target at least thirty-five percent 35% M/WBE participation in the design and construction of Ryan Field. In connection with its commitment to achieve 35% M/WBE participation, Northwestern shall implement or cause to be implemented initiatives for maximizing participation in the design and construction of Ryan Field, including: developing and maintaining a project website where contractors and vendors can access all project documents and sign up to receive notifications; collaborating with local, small and minority business organizations to identify firms that may be interested in participating in the project, including, by way of example only, Rebuilding Exchange, Hire360, HACIA and the Evanston Chamber of Commerce; hosting pre-construction job fairs; encouraging partnerships between M/WBEs and other vendors; and participating in workforce development initiatives. Northwestern shall publicize its progress towards the commitments above by providing transparent outline of efforts and reports at each major stage of the project. 8. In partnership with the Kellogg School of Management, provide marketing and advertising support during the period of construction to help local businesses (including through the Central Street Business Association) maximize the positive impact of the new stadium. Engage with the City and Page 84 of 103 SP1.Page 87 of 237 SCHEDULE 3 other business districts during the construction period to endeavor to develop a cohesive plan to leverage the additional visitors to Evanston driven by Concerts to benefit businesses across the City. Such plan may include elements such as ticket packages, meal discounts, marketing, and parking/transportation coordination. 9. Partner with the City to assist with fundraising efforts for the Guaranteed Basic Income Program. 10. Coordinate with the City to establish an internship program at the City for Northwestern students. For a period of ten (10) years commencing in 2027: 1. Implement a Concert ticket surcharge in the targeted amount of $3 per ticket and remit the proceeds between the two Evanston public school districts, and Northwestern will guarantee such proceeds of at least $500,000 in the aggregate annually. 2. Guarantee at least $2,000,000 in tax revenue from all events held at Ryan Field. Annually, provide the City with the difference between (a) $2,000,000 and (b) the amount of taxes collected annually by the City from all events held at Ryan Field. In connection with the foregoing, the City shall provide Northwestern with the amount of collected taxes the previous year by January 31 and Northwestern shall pay the difference, if any, due within 60 days. Such $2,000,000 tax guarantee would be subject to reduction to the extent Concerts or other events are negatively impacted (including reducing the number of Concerts or other events, making Concerts or other events more expensive or less bookable, attractive or attended, etc.) by conditions imposed by the Approval Ordinances or by action or omission of the City or third parties (including litigation, settlement, changes in ordinances, laws, rules, regulations, imposed taxes, etc.). 3. Host and co-sponsor with the City an annual signature event in Evanston, contributing at least $250,000 per year to such programming. 4. Provide reasonable access for the public to the new open spaces from 7:00am to 9:00pm free of charge, subject to reasonable rules and regulations and closures for other purposes. 5. Use efforts to communicate with any Concert promoters to determine whether advance ticket pre- sale windows or other ticket arrangements might be made available exclusively for members of the Evanston community. 6. Coordinate community movie nights and seasonal festivals at dates and times informed by public input, free of entry charge. Page 85 of 103 SP1.Page 88 of 237 10/30/2023 107-O-23 AN ORDINANCE Amending Section 6-15-7-2 of the City Code “Permitted Uses” in the U2 University Athletic Facilities 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 legislation and to promulgate rules and regulations that prot ect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); 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 2012, as amended (“the Zoning Ordinance”); and WHEREAS, Northwestern University (“Applicant”), has petitioned the City Council of the City of Evanston, for approval of an amendment to Section 6-15-7-2 Page 86 of 103 SP1.Page 89 of 237 107-O-23 ~2~ “Permitted Use” of the Zoning Ordinance per Section 6-3-4-6 of the City Code to modify the list of permitted uses in the U2 University Athletic Facilities District and conditions required for public-facing concerts; and WHEREAS, following due and proper publication of notice in Evanston Review, a suburban publication of the Chicago Tribune, not less than fifteen (15) nor more than thirty (30) days prior thereto, on August 3, 2023 and August 10, 2023 and in the Chicago Sun-Times on August 3, 2023 and August 21, 2023, the Evanston Land Use Commission (“LUC”) held public hearings, regarding case no. 23PLND-0010 on September 6, 2023, September 27, 2023, and October 11, 2023 to consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), to consider the proposed Code Amendment at which evidence, testimony, and exhibits were presented, and at which interested parties were provided the opportunity to provide public comment; and WHEREAS, after having considered the evidence presented, the LUC made the following findings pursuant to Section 6-3-4-5 of the Zoning Ordinance: 1. Whether the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive General Plan as adopted and amended from time to time by the City Council: The Comprehensive General Plan and the Zoning Ordinance support the growth and evolution of the University while recognizing its place in a residential environment meeting the standard. Large-capacity public-facing concerts have little to do with the educational mission of the University and do not meet the intent and goals of th e Comprehensive Plan. There was some disagreement, with the explanation that construction of a new stadium for only 7 football games is not the highest and best use of the property. 2. Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property: Given the lack of nearby parking and the challenges of transporting large numbers of people for concerts, the standard cannot be met. However, with appropriate conditions and a MOU, the amendment can be adapted to better suit the immediate neighborhood and then the standard could be met. Page 87 of 103 SP1.Page 90 of 237 107-O-23 ~3~ 3. Whether the proposed amendment will have an adverse effect on the value of adjacent properties: Studies provided by the applicant mainly focus on sports facilities and not concert venues. Neighbors presented evidence to support their assertion that property values will be adversely affected through a comparable concert venue. These issues do not meet the standard. Some disagreement was expressed that the evidence and testimony submitted shows there would be impacts from the proposed uses on adjacent properties, however, an MOU which would regulate how these uses are managed as part of the Planned Development Ordinance could ensure necessary mitigations to address any concerns and thus meet the standard. 4. The adequacy of public facilities and services: The standard is not met concerning public transportation infrastructure and a reduction in traffic flow at certain intersections for the contemplated concerts and events. However, there was testimony provided that indicated that the infrastructure was sufficient for football games and implementing a Traffic Management Plan and negotiating improvements with the university can lead to th e adequacy of public facilities and services being met for the contemplated concerts and events WHEREAS, the LUC made written findings pursuant to Section 6 -3-4-5 of the Zoning Ordinance that the proposed amendments did not meet the Standards for Amendments, and by a vote of two (2) “yays” and seven (7) “nays” recommended City Council denial thereof; and WHEREAS, at its meetings held on October 30, 2023 and November 13, 2023, the City Council considered the application, the materials within the record and the applicable standards required by weighing the benefits to the City as a whole with the impact to the neighborhood, made the following findings pursuant to Section 6-3-4-5 of the Zoning Ordinance: 1. Whether the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive General Plan as adopted and amended from time to time by the City Council: The Comprehensive General Plan and the Zoning Ordinance support the growth and evolution of the University while recognizing its place in a residential environment. Council determined that with the proper conditions set forth in this ordinance to manage the large-capacity public-facing concerts, this standard is met. Page 88 of 103 SP1.Page 91 of 237 107-O-23 ~4~ 2. Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property: Considering the lack of nearby parking and the challenges of transporting large numbers of people for concerts, Council determined that with the appropriate management conditions set forth in this ordinance and an executed MOU between the City and NU outlining the operations management of these events, the amendment suits the neighborhood and the standard is met. 3. Whether the proposed amendment will have an adverse effect on the value of adjacent properties: Studies provided by the applicant mainly focus on sports facilities and not concert venues. Neighbors presented evidence to support their conclusion that property values will be adversely affected through a comparable concert venue. Council determined that with the appropriate management conditions set forth in this ordinance and an executed MOU between NU and the City, this standard is met. 4. The adequacy of public facilities and services: Council determined that by implementing a Traffic Management Plan and negotiating improvements with the university, the adequacy of public facilities and services is met for the contemplated concerts and events. WHEREAS, at its meetings of October 30, 2023 and November 13, 2023, the City Council considered and adopted the respective records and findings, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Section 6-15-7-2 of the Zoning Ordinance, “Permitted Uses” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-15-7-2. - PERMITTED USES. The following uses shall be permitted in the U2 district: Business or vocational school. Fieldhouse. Indoor recreational facility (college and university). Page 89 of 103 SP1.Page 92 of 237 107-O-23 ~5~ Outdoor recreational facility (college and university). Parking lot (college and university). Playground. Stadium. The following uses shall be considered permitted uses when conducted in association with the above permitted uses: - Intramural, and intercollegiate or amateur sports and athletic events and practice therefor. - Local, regional and State elementary and high school athletic events and practice therefor. - Band playing and practice in connection with another permitted use the above events. - Commencement, convocation and graduation exercises. - University-sponsored lecture, speakers, musical performances and other cultural events held within an enclosed building provided that attendance is limited to ten thousand (10,000) or less. Outdoor lectures, speakers, non-musical festivals, social events and other community or cultural events, and musical performances in conjunction or associated with the foregoing (which shall require loudspeaker permits from the City for any noise amplification), hosted by the University or City and designed for the University or local community, provided that the capacity for such events is no greater than 7,500, and no more than 60 days of programming occurs annually. Such events shall not include any outdoor plaza rentals to organizations not affiliated with the University or City. - Luncheons and dinners and dining room facilities in a stadium provided that attendance is limited to the seating capacity of the facilities. Banquet halls, including breakfasts, luncheons, dinners, meeting and dining room facilities, provided that attendance is limited to the capacity of the specific facilities. - Accessory uses to the above permitted uses, including administrative and faculty offices, classroom, auditoriums, athletic facilities and parking spaces. - Off-street parking for hospital employees and for university students, and employees, guests and invitees. Page 90 of 103 SP1.Page 93 of 237 107-O-23 ~6~ Temporary event (provided they are of a community or cultural nature and further provided they meet the conditions listed below): This Subsection provides standards to ensure that temporary uses shall not impose an undue adverse effect on neighboring streets or property. Community and cultural events intended primarily for residents of the City and athletic events shall be permitted provided that the following conditions are met: Public facing concerts (provided they meet the conditions below): This Subsection provides standards to ensure that temporary uses shall not impose an undue adverse effect on neighboring streets or property. 1) Sponsors of the temporary event shall obtain City Council approval, provide proof of event logistics approval by the City's Special Events Committee, and obtain a certificate of zoning compliance pursuant to Section 6-4-8-2 of this Title. 1 2) Attendance at such events is limited to 28,500 persons or less ten thousand (10,000) persons or less. 2) A coordinated Transportation Management Plan shall be submitted to the City Manager or its designee. a. Intersections within 1,000 feet shall return to baseline traffic counts within 1 hour of the end of a concert event. Enforcement: Traffic counters & police personnel shall be supplied at Northwestern’s expense and deployed by the City of Evanston before, during and after events to evaluate traffic counts. The location of traffic counters, timing of deployment, and baseline traffic counts shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the traffic standard shall result in a $25,000 penalty per event. 3) Adequate university parking is available and is provided to all persons attending the event. 3 4) Private security is provided for those parking areas University-owned parking areas utilized. Northwestern shall provide three police officers or private security personnel, approved by the City, to address potential public safety impacts before, during, and after concert events. Enforcement: Three police officers or private security personnel approved by the City shall be provided at Northwestern's expense. The City of Evanston shall document the number of substantiated 911 calls within 1,000 feet of the U2 zone before, during, and after each event and provide a report to Northwestern. If substantiated 911 calls Page 91 of 103 SP1.Page 94 of 237 107-O-23 ~7~ associated with concerts exceed the baseline average by more than 50% additional police officers or private security personnel, approved by the City, may be required as part of the concert operations plan at Northwestern’s expense. The baseline calls for service shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the public safety & nuisance standard for not providing minimum staffing as detailed above, shall result in a $25,000 penalty per event. 5) Adequate provision of traffic-control devices at no City expense, including personnel, shall be provided to ensure the free flow of traffic and the security and safety of said traffic flow. 4) Northwestern shall provide two parking officials to monitor parking before, during, and after events. Enforcement: Two parking enforcement staff shall be provided by the City for events at Northwestern’s expense. The City of Evanston shall document the number of parking tickets within 1,000 feet of the U2 zone before, during, and after each event and provide a report to Northwestern. If parking tickets associated with concerts exceed the baseline average by more than 50% additional parking officials may be required as part of the concert operations plan at Northwestern’s expense. The baseline parking tickets shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the parking standard for not providing minimum staffing as detailed above, shall result in a $25,000 penalty per event. 5) Reasonable provision of multi- modal traffic-control devices at no City expense including personnel, shall be provided to ensure the free flow of pedestrian, bike and vehicular traffic and the security and safety of said traffic flow. 6) Live animals used in conjunction with any event may only be stored within a completely enclosed building. 7) No more than seven (7) such events shall be held in any calendar year in any one facility, and each event shall not exceed five (5) consecutive days in duration. 7) There shall be no more than six (6) total days of such events in any calendar year within the U2 district, excluding setup and takedown. Such events shall not occur on the same date as other full-capacity events at the stadium or fieldhouse. If a concert is de- layed or canceled due to weather or force majeure (including illness or pandemic), the concert may be rescheduled in the same calendar year without counting as an addition- al concert towards the 6 concert maximum. The Mayor may grant a waiver in the case of a delay due to weather or force majeure (including illness or pandemic) to the addi- tional standards, enforcement, and penalty provisions below. Page 92 of 103 SP1.Page 95 of 237 107-O-23 ~8~ 8) Lighting associated with such events shall be directed away from adjacent residences. 9) Tractor trailers may not remain running while parked on the public street or in off- street parking areas. 9) Vehicles may only idle in approved designated areas on private property. 10) Any uses not outlined herein shall require approval by the City’s Special Events Committee. 11) Sound Limitation: Sound levels during concert events shall not exceed an average of 80 dba at specified locations. Curfew: All sound systems shall be off by 10:00 p.m. Sunday through Thursdays & 10:15 p.m. Fridays, Saturdays, and days preceding national holidays and legal school holidays enumerated in 105 ILCS 5/24 -2. No evening concerts shall be permitted during the District 65 school year without specific approval from the City as specified within the Memorandum of Understanding. Enforcement: A noise monitoring system shall be installed by Northwestern at the property line surrounding the stadium and within 1,000 feet throughout the adjacent residential neighborhoods. The Evanston Police Department shall receive the output and monitor for compliance. The location of the noise monitoring system and ongoing maintenance and calibration shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the sound limitation and curfew standards shall result in the penalties outlined below. Standard Penalty Sound Level $50,000 per event Curfew $0 (0-15 minutes over) $30,000 (15:01-16:00 minutes over) $30,000 + $2,000/minute or fractional minute beyond 16 minutes *For example, an event ending at 10:32:13 on a Friday would receive a $34,000 penalty ($30,000 + (2 x $2,000) = $34,000) 12) Northwestern shall hold logistics meetings between the City of Evanston and Northwestern before each concert event. This meeting should also include relevant agencies & concert staff that will support the implementation of the transportation man- agement and concert operations plans. Page 93 of 103 SP1.Page 96 of 237 107-O-23 ~9~ 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. SECTION 5: This ordinance shall be in full force and effect upon issuance of a Temporary Certificate of Occupancy (TCO) issued by the City of Evanston for the development plan outlined in Ordinance 108-O-23. 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: , 2023 Adopted: , 2023 Approved: , 2023 Daniel Biss, Mayor Attest: Stephanie Mendoza, City Clerk Approved as to form: Alexandra Ruggie, Interim Corporation Counsel Page 94 of 103 SP1.Page 97 of 237 10/30/2023 107-O-23 AN ORDINANCE Amending Section 6-15-7-2 of the City Code “Permitted Uses” in the U2 University Athletic Facilities 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 legislation and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be g iven the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); 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 2012, as amended (“the Zoning Ordinance”); and WHEREAS, Northwestern University (“Applicant”), has petitioned the City Council of the City of Evanston, for approval of an amendment to Section 6-15-7-2 Page 95 of 103 SP1.Page 98 of 237 107-O-23 ~2~ “Permitted Use” of the Zoning Ordinance per Section 6-3-4-6 of the City Code to modify the list of permitted uses in the U2 University Athletic Facilities District and conditions required for public-facing concerts; and WHEREAS, following due and proper publication of notice in Evanston Review, a suburban publication of the Chicago Tribune, not less than fifteen (15) nor more than thirty (30) days prior thereto, on August 3, 2023 and August 10, 2023 and in the Chicago Sun-Times on August 3, 2023 and August 21, 2023, the Evanston Land Use Commission (“LUC”) held public hearings, regarding case no. 23PLND-0010 on September 6, 2023, September 27, 2023, and October 11, 2023 to consider an amendment to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), to consider the proposed Code Amendment at which evidence, testimony, and exhibits were presented, and at which interested parties were provided the opportunity to provide public comment; and WHEREAS, after having considered the evidence presented, the LUC made the following findings pursuant to Section 6-3-4-5 of the Zoning Ordinance: 1. Whether the proposed amendment is consistent with the goals, objectives and policies of the Comprehensive General Plan as adopted and amended from time to time by the City Council: The Comprehensive General Plan and the Zoning Ordinance support the growth and evolution of the University while recognizing its place in a residential environment meeting the standard. Large-capacity public-facing concerts have little to do with the educational mission of the University and do not meet the intent and goals of the Comprehensive Plan. There was some disagreement, with the explanation that construction of a new stadium for only 7 football games is not the highest and best use of the property. 2. Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property: Given the lack of nearby parking and the challenges of transporting large numbers of people for concerts, the standard cannot be met. However, with appropriate conditions and a MOU, the amendment can be adapted to better suit the immediate neighborhood and then the standard could be met. Page 96 of 103 SP1.Page 99 of 237 107-O-23 ~3~ 3. Whether the proposed amendment will have an adverse effect on the value of adjacent properties: Studies provided by the applicant mainly focus on sports facilities and not concert venues. Neighbors presented evidence to support their assertion that property values will be adversely affected through a comparable concert venue. These issues do not meet the standard. Some disagreement was expressed that the evidence and testimony submitted shows there would be impacts from the proposed uses on adjacent properties, however, an MOU which would regulate how these uses are managed as part of the Planned Development Ordinance could ensure necessary mitigations to address any concerns and thus meet the standard. 4. The adequacy of public facilities and services: The standard is not met concerning public transportation infrastructure and a reduction in traffic flow at certain intersections for the contemplated concerts and events. However, there was testimony provided that indicated that the infrastructure was sufficient for football games and implementing a Traffic Management Plan and negotiating improvements with the university can lead to th e adequacy of public facilities and services being met for the contemplated concerts and events WHEREAS, the LUC made written findings pursuant to Section 6 -3-4-5 of the Zoning Ordinance that the proposed amendments did not meet the Standards for Amendments, and by a vote of two (2) “yays” and seven (7) “nays” recommended City Council denial thereof; and WHEREAS, at its meetings held on October 30, 2023 and November 13, 2023, the City Council considered the application, the materials within the record and the applicable standards required by weighing the benefits to the City as a whole with the impact to the neighborhood, made the following findings pursuant to Section 6-3-4-5 of the Zoning Ordinance: 1. Whether the proposed amendment is consistent with the go als, objectives and policies of the Comprehensive General Plan as adopted and amended from time to time by the City Council: The Comprehensive General Plan and the Zoning Ordinance support the growth and evolution of the University while recognizing its place in a residential environment. Council determined that with the proper conditions set forth in this ordinance to manage the large-capacity public-facing concerts, this standard is met. Page 97 of 103 SP1.Page 100 of 237 107-O-23 ~4~ 2. Whether the proposed amendment is compatible with the overall character of existing development in the immediate vicinity of the subject property: Considering the lack of nearby parking and the challenges of transporting large numbers of people for concerts, Council determined that with the appropriate management conditions set forth in this ordinance and an executed MOU between the City and NU outlining the operations management of these events, the amendment suits the neighborhood and the standard is met. 3. Whether the proposed amendment will have an advers e effect on the value of adjacent properties: Studies provided by the applicant mainly focus on sports facilities and not concert venues. Neighbors presented evidence to support their conclusion that property values will be adversely affected through a com parable concert venue. Council determined that with the appropriate management conditions set forth in this ordinance and an executed MOU between NU and the City, this standard is met. 4. The adequacy of public facilities and services: Council determined that by implementing a Traffic Management Plan and negotiating improvements with the university, the adequacy of public facilities and services is met for the contemplated concerts and events. WHEREAS, at its meetings of October 30, 2023 and November 13, 2023, the City Council considered and adopted the respective records and findings, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Section 6-15-7-2 of the Zoning Ordinance, “Permitted Uses” of the Evanston City Code of 2012, as amended, is hereby amended as follows: 6-15-7-2. - PERMITTED USES. The following uses shall be permitted in the U2 district: Business or vocational school. Fieldhouse. Indoor recreational facility (college and university). Page 98 of 103 SP1.Page 101 of 237 107-O-23 ~5~ Outdoor recreational facility (college and university). Parking lot (college and university). Playground. Stadium. The following uses shall be considered permitted uses when conducted in association with the above permitted uses: - Intramural, and intercollegiate or amateur sports and athletic events and practice therefor. - Local, regional and State elementary and high school athletic events and practice therefor. - Band playing and practice in connection with another permitted use the above events. - Commencement, convocation and graduation exercises. - University-sponsored lecture, speakers, musical performances and other cultural events held within an enclosed building provided that attendance is limited to ten thousand (10,000) or less. Outdoor lectures, speakers, non-musical festivals, social events and other community or cultural events, and musical performances in conjunction or associated with the foregoing (which shall require loudspeaker permits from the City for any noise amplification), hosted by the University or City and designed for the University or local community, provided that the capacity for such events is no greater than 7,500, and no more than 60 days of programming occurs annually. Such events shall not include any outdoor plaza rentals to organizations not affiliated with the University or City. - Luncheons and dinners and dining room facilities in a stadium provided that attendance is limited to the seating capacity of the facilities. Banquet halls, including breakfasts, luncheons, dinners, meeting and dining room facilities, provided that attendance is limited to the capacity of the specific facilities. - Accessory uses to the above permitted uses, including administrative and faculty offices, classroom, auditoriums, athletic facilities and parking spaces. - Off-street parking for hospital employees and for university students, and employees, guests and invitees. Page 99 of 103 SP1.Page 102 of 237 107-O-23 ~6~ Temporary event (provided they are of a community or cultural nature and further provided they meet the conditions listed below): This Subsection provides standards to ensure that temporary uses shall not impose an undue adverse effect on neighboring streets or property. Community and cultural events intended primarily for residents of the City and athletic events shall be permitted provided that the following conditions are met: Public facing concerts (provided they meet the conditions below): This Subsection provides standards to ensure that temporary uses shall not impose an undue adverse effect on neighboring streets or property. 1) Sponsors of the temporary event shall obtain City Council approval, provide proof of event logistics approval by the City's Special Events Committee, and obtain a certificate of zoning compliance pursuant to Section 6-4-8-2 of this Title. 1 2) Attendance at such events is limited to 28,500 persons ten thousand (10,000) persons or less. 2) A coordinated Transportation Management Plan shall be submitted to the City Manager or its designee. a. Intersections within 1,000 feet shall return to baseline traffic counts within 1 hour of the end of a concert event. Enforcement: Traffic counters & police personnel shall be supplied at Northwestern’s expense and deployed by the City of Evanston before, during and after events to evaluate traffic counts. The location of traffic counters, timing of deployment, and baseline traffic counts shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the traffic standard shall result in a $25,000 penalty per event. 3) Adequate university parking is available and is provided to all persons attending the event. 3 4) Private security is provided for those parking areas University-owned parking areas utilized. Northwestern shall provide three police officers or private security personnel, approved by the City, to address potential public safety impacts before, during, and after concert events. Enforcement: Three police officers or private security personnel approved by the City shall be provided at Northwestern's expense. The City of Evanston shall document the number of substantiated 911 calls within 1,000 feet of the U2 zone before, during, and after each event and provide a report to Northwestern. If substantiated 911 calls Page 100 of 103 SP1.Page 103 of 237 107-O-23 ~7~ associated with concerts exceed the baseline average by more than 50% additional police officers or private security personnel, approved by the City, may be required as part of the concert operations plan at Northwestern’s expense. The baseline calls for service shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the public safety & nuisance standard for not providing minimum staffing as detailed above, shall result in a $25,000 penalty per event. 5) Adequate provision of traffic-control devices at no City expense, including personnel, shall be provided to ensure the free flow of traffic and the security and safety of said traffic flow. 4) Northwestern shall provide two parking officials to monitor parking before, during, and after events. Enforcement: Two parking enforcement staff shall be provided by the City for events at Northwestern’s expense. The City of Evanston shall document the number of parking tickets within 1,000 feet of the U2 zone before, during, and after each event and provide a report to Northwestern. If parking tickets associated with concerts exceed the baseline average by more than 50% additional parking officials may be required as part of the concert operations plan at Northwestern’s expense. The baseline parking tickets shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the parking standard for not providing minimum staffing as detailed above, shall result in a $25,000 penalty per event. 5) Reasonable provision of multi- modal traffic-control devices at no City expense including personnel, shall be provided to ensure the free flow of pedestrian, bike and vehicular traffic and the security and safety of said traffic flow. 6) Live animals used in conjunction with any event may only be stored within a completely enclosed building. 7) No more than seven (7) such events shall be held in any calendar year in any one facility, and each event shall not exceed five (5) consecutive days in duration. 7) There shall be no more than six (6) total days of such events in any calendar year within the U2 district, excluding setup and takedown. Such events shall not occur on the same date as other full-capacity events at the stadium or fieldhouse. If a concert is de- layed or canceled due to weather or force majeure (including illness or pandemic), the concert may be rescheduled in the same calendar year without counting as an addition- al concert towards the 6 concert maximum. The Mayor may grant a waiver in the case of a delay due to weather or force majeure (including illness or pandemic) to the addi- tional standards, enforcement, and penalty provisions below. Page 101 of 103 SP1.Page 104 of 237 107-O-23 ~8~ 8) Lighting associated with such events shall be directed away from adjacent residences. 9) Tractor trailers may not remain running while parked on the public street or in off- street parking areas. 9) Vehicles may only idle in approved designated areas on private property. 10) Any uses not outlined herein shall require approval by the City’s Special Events Committee. Sound Limitation: Sound levels during concert events shall not exceed an average of 80 dba at specified locations. Curfew: All sound systems shall be off by 10:00 p.m. Sunday through Thursdays & 10:15 p.m. Fridays, Saturdays, and days preceding national holidays and legal school holidays enumerated in 105 ILCS 5/24-2. During the school regular session calendar from approximately Labor Day to Memorial Day, Northwestern agrees that evening concerts on Sunday through Thursday (assuming the next day is not a holiday) will not be permitted without prior approval from the City. Enforcement: A noise monitoring system shall be installed by Northwestern at the property line surrounding the stadium and within 1,000 feet throughout the adjacent residential neighborhoods. The Evanston Police Department shall receive the output and monitor for compliance. The location of the noise monitoring system and ongoing maintenance and calibration shall be determined within the Memorandum of Understanding negotiated between the City of Evanston and Northwestern. Penalty: Violation of the sound limitation and curfew standards shall result in the penalties outlined below. Standard Penalty Sound Level $50,000 per event Curfew $0 (0-15 minutes over) $30,000 (15:01-16:00 minutes over) $30,000 + $2,000/minute or fractional minute beyond 16 minutes *For example, an event ending at 10:32:13 on a Friday would receive a $34,000 penalty ($30,000 + (2 x $2,000) = $34,000) 11) Northwestern shall hold logistics meetings between the City of Evanston and Northwestern before each concert event. This meeting should also include relevant agencies & concert staff that will support the implementation of the transportation man- agement and concert operations plans. Page 102 of 103 SP1.Page 105 of 237 107-O-23 ~9~ 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. 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: , 2023 Adopted: , 2023 Approved: , 2023 Daniel Biss, Mayor Attest: Stephanie Mendoza, City Clerk Approved as to form: Alexandra Ruggie, Interim Corporation Counsel Page 103 of 103 SP1.Page 106 of 237 Memorandum To: Honorable Mayor and Members of the City Council From:Meagan Jones, Neighborhood and Land Use Planner CC:Sarah Flax, Community Development Director; Elizabeth Williams, Planning Manager Subject:Ordinance 108-O-23, Granting a Special Use for a Planned Development for a Stadium on Property Located at 1501 Central Street in the U2 University Athletic Facilities District Date: November 20, 2023 Recommended Action: Land Use Commission recommends approval with conditions of ordinance 108-O-23 granting a Special Use for a Planned Development for a Stadium on Property Located at 1501 Central Street in the U2 University Athletic Facilities District. Council Action: For Action Summary: Northwestern University requests a Special Use for a Planned Development to demolish the existing Ryan Field stadium and ancillary maintenance building to construct a new 116 ft. tall stadium with a 35,000 spectator capacity in the U2 District. The applicant is requesting the following site development allowances: 1. 1,408 total parking spaces (515 on-site, 893 in the parking lot within 1,000 ft.), where 4,364 are required for the principal uses on the zoning lot. 2. A landscape strip of less than 35 ft. (specifically, 16 ft. 3 in. at the closest point at the north-south and east-west property lines at the northeast corner of the lot) where 35 ft. is required when abutting a residential district. 3. Open parking area with a 6 ft. 10 in. interior side yard setback where 15 ft. is required. The proposed stadium would be at the south end of the site with a northwest/southeast orientation. The field is located approximately 21 ft. 4 in. below grade, with an overall height of the building from grade to the top of the canopy of 116 ft. The below-grade Event Level includes three loading berths and 20 parking spaces accessible from a ramp off of Central Street. This level provides direct field access and consists of team locker rooms, mechanical and telecom spaces, training rooms, a kitchen, and some suite/club spaces, among other items. The plaza space is located on the southwest corner of the site near the corner of SP2.Page 107 of 237 Central Street and Ashland Avenue. Additional plaza space consisting of ancillary structures proposed for food sales is located west and north of the stadium. A new mechanical enclosure will replace the existing one at approximately the same location northeast of the stadium. On-site passenger vehicle parking will be accessed at two points, one off of Central Street near the southeast corner of the site and the other off of Isabella Street near the northeast corner of the site. The applicant provided a traffic study that analyzed the proposed development's impacts on the surrounding area (specific to concerts). It emphasized the reduction in spectators in the stadium from 47,000 to 35,000 (likely less for events other than football games), access to public transit options, use of ride-share options, and continued use of shuttle services to other parking areas as is currently done for football games. The full study is included as an attachment to this memorandum, linked below. The staff has raised concerns regarding parking and traffic circulation surrounding the stadium based on the applicant's proposal. The projected reduction in the level of service of adjacent streets will require the implementation of the proposed mitigation measures outlined in the traffic study. In addition, the proposed traffic management plan should account for the specific impacts associated with the various events proposed to be held in the U2 District. Additionally, other mitigation measures are included in the Ordinance as conditions of approval. An environmental assessment review (sound study) was also submitted, which concentrated on the sound that would be generated by concerts. It was noted that the new stadium design elements are intended to reduce sound compared to the open nature of the current stadium. The sound study expects that combined with lower stadium capacity; there will ultimately be less sound exposure to the residential properties surrounding the stadium compared to what is currently experienced during football games. The Department of Community Development contracted with Interwest to conduct a review of the sound study, and additional sound mitigation The approval. of as included conditions and proposed were measures are applicant provided an additional response to comments regarding the sound study as well as an acoustic report provided by Arup; this is included in the October 11, 2023, Land Use Commission meeting packet linked below. The applicant has provided a Letter of Intent (LOI) for a Memorandum of Understanding (MOU), which would outline the use of City services, tailgating standards, coordination meetings, elements to be included in a security plan, sustainability plan, traffic management plan, concert operations plan, standards for alcohol controls, requirements for advanced notice of events, community input, and a description of public benefits. Since submitting the LOI, the applicant has also provided a draft of the referenced MOU for the City Council's consideration. Staff anticipates the MOU provided by the applicant will require additional negotiation University currently it as Northwestern and Evanston of City the between represents the applicant's suggested terms. The Land Use Commission held a public hearing for this proposal on September 6, 2023, September are which for minutes the and 11, October included 2023, 27, 2023, as attachments. Public testimony and evidence were provided, including a commissioned acoustic review from ARUP of the applicant's environmental assessment review and a land Page 2 of 86 SP2.Page 108 of 237 valuation analysis from CohnReznick (available on pages 42 and 322 of the September 6, 2023, public comment addendum).The Commission found the standards of approval for the planned development to be met and recommended approval (9-0). The Commission was generally supportive of the stadium but did express concerns regarding traffic circulation and parking as well as stormwater considerations. Their recommended conditions are intended to mitigate the potential land use impacts associated with the application. On October 25, 2023, the applicant provided a letter proposing changes to the Land Use Commission's recommended conditions outlined in the attached Ordinance. The applicant's proposed changes include: Clarify the timing of the traffic management plan from prior to completion of demolition to prior to the first event. Due to the coordination and details involved, the applicant indicates the change in timing would provide more up-to-date information, though an alternative could also be to require the plan prior to completion of construction. The Department proposed the with associated traffic that note does management demolition and construction of the stadium would be handled and discussed within the Construction Management Plan, which is required prior to permit issuance. Adjustments to the noise mitigation measures to align with the suggested by the Environmental Assessment Review: o be the with explored will measures mitigation proposed that Specifying exception of a roof/dome for the stadium, which has not been reviewed as part of the submitted planned development plans. o Clarifying that concert events would likely use sound systems other than the PA system mentioned within the staff report conditions. o Recommending that sound mitigation measures and details be included in the concert operations plan and limit average noise levels at property lines to 40- 80dbA for any event. Stating that all of the applicant's proposed traffic and pedestrian mitigation measures were included in the submitted traffic study. A Commitment to providing 10% on-site EV charging stations and further discussion on additional stations or other alternatives to having 40% EV-ready parking spaces. Remove the added condition to continue community engagement as it relates to additional above-grade and below-grade parking, specifically the possible construction of a parking structure. The applicant indicates that previous discussions with neighbors suggested that a parking structure on-site was not desired on the parking lots, and discussion by the Land Use Commission included a point that a parking structure on the site could increase vehicle traffic and circulation in the area. The full letter is included as an attachment below. During the October 30, 2023, City Council meeting, amendments were made to the conditions within the draft ordinance that are described below and fully reflected within the attached updated Ordinance. Additional Document Links: Traffic Impact Study Environmental Assessment Review Economic Impact Study Development Plans (to be included in Ordinance 108-O-23) Page 3 of 86 SP2.Page 109 of 237 ● P1 - Site Plan-Elevations-Materials-Bird Friendly Measures ● P2 - Renderings-Photos of Existing ● P3 - Signage Plan ● P4 - Site Structures ● P5 - Area Plan-Loading-Access-Circulation Diagram ● P6 - Utilities-Drainage-Topography-Soil Conditions ● P7 - Landscape Plan ● P8 - Fences-Walls-Lighting ● P9 - Shadow Diagrams ● P10 - Pedestrian Path Legislative History: City Council - October 30, 2023: The City Council held a special meeting where it received input from the public, reviewed and considered the findings and recommendations of the Land Use Commission, and heard testimony from the Applicant and staff regarding the proposed text amendment. City Council voted 5-3 to approve this item for introduction with the following amendments to the Land Use Commission's conditions, also listed within the updated attached ordinance: #1 - A Traffic Management Plan for all events with an expected capacity of more than 5,000 attendees shall be finalized prior to the completion of construction and shall be reviewed administratively on an annual basis and when changes to events are proposed. #3 - Implementation of mitigation measures at the University's expense suggested within the Environmental Assessment Review and subsequent Peer Review, including but not limited to: - Maintain use of best practice design elements proposed for the stadium, including utilization of a distributed house sound system within the seating bowl that limits noise levels to 70 DBA at the property line for all athletic events and provides the use of temporary enclosures and walls that help reduce sound emissions to the surrounding community. Noise levels associated with all non-athletic activities will be addressed within Ordinance 107-O-23 and the Memorandum of Understanding between the City and Northwestern. - Add vertical barriers around the concourse areas or other openings in the stadium. Barriers can be permanent or retractable. Utilization of sound-absorbing materials on the exterior of stadium structures, where appropriate and effective, shall also be incorporated into the building design. - Incorporate sound-dampening materials into the design of the mechanical equipment enclosure. - Implement the Best Management Practices (BMP) listed in the Transportation Management Plan (TMP) to reduce traffic-generated noise. #4 - Remove (references timing for something prior to City Council) #13 - Add a condition for the use of all-electric shuttle buses for the transportation management plans for events. #16 - Remove (references timing for something prior to City Council) Page 4 of 86 SP2.Page 110 of 237 #17 - The Applicant continues to engage with and address concerns from the community with respect to the adequacy of on-site and off-site parking pursuant to the Memorandum of Understanding. Incorporate the Applicant's proposed public benefits as enumerated in their draft Memorandum of Understanding submitted October 30, 2023. Land Use Commission – October 11, 2023: The Applicant provided a rebuttal to statements provided at the previous meeting and responded to questions previously asked by members of the public and additional questions from the Commission. The Commission voted, 9-0, to recommend approval of the proposed planned development subject to the following conditions Link to Meeting Packet (LUC Meeting Minutes 10.11.23): 1.A Traffic Management Plan for all events with an expected capacity of more than 5,000 attendees shall be finalized prior to the completion of demolition and shall be reviewed administratively on an annual basis and when changes to events are proposed. 2.and Evanston City the of (MOU) Understanding of Memorandum between A Northwestern University shall be approved that includes but is not limited to the following: ● Use and reimbursement of City services for events. ● Coordination meetings for events. ● Security Plan ● Sustainability Plan ● Traffic Management Plan ● Alcohol Controls ● Public Benefits ● Community Input 3.Implementation of mitigation measures at the University's expense suggested within the Environmental Assessment Review and subsequent Peer Review, including but not limited to: ● Maintain use of best practice design elements proposed for the stadium, including utilization of a distributed house sound system within the seating bowl that limits noise levels to 70 DBH at the property line, providing additional canopy or roof/dome above the seating areas that incorporates adequate sound reduction characteristics, and use of enclosures and walls that help reduce sound emissions to the surrounding community. ● Add vertical barriers around the concourse areas or other openings in the stadium. Barriers can be permanent or retractable. Utilization of sound- absorbing materials on the exterior of stadium structures, where appropriate and effective, shall also be incorporated into the building design. ● the design of into sound-dampening Incorporate the materials mechanical equipment enclosure. ● Implement the Best Management Practices (BMP) listed in the Transportation Management Plan (TMP) to reduce traffic-generated noise. 4.The Applicant shall propose additional traffic & pedestrian mitigation measures that increase pre and post-event LOS prior to City Council consideration. Page 5 of 86 SP2.Page 111 of 237 5.Implementation of mitigation measures at the Applicant's cost suggested within the Traffic Impact Study and subsequent Peer Review, including but not limited to: ● Implement specific roadway improvements where necessary, feasible, and practical, including: ● Identify and design mitigation measures to enhance pedestrian safety. ● Enhance connections and linkages to transit. ● Include on-site transit information kiosks. ● Provide off-site parking for employees. ●Ensure Evanston of City Multi-Modal with compliance ongoing the Transportation Plan. 6.Use of the plaza shall comply with all City Codes relating to noise. 7.Truck traffic and deliveries used for events to load and unload equipment shall be limited to the below-grade area. 8.That the development complies with Chapter 4-13, Floodplain Regulations, of the Evanston City Code and the Watershed Management Ordinance of the Metropolitan Water Reclamation District, prior to the issuance of any building permits; 9.That the development complies with the City's bird-friendly design requirements per Ordinance 83-O-22 and Green Building Ordinance 82-O-22 prior to the issuance of any building permits; 10.That the development complies with the City's electric vehicle parking requirements per §4-2-2, Table 406.2.7.2 of the City Code prior to the issuance of any building permits; 11.That the Applicant repair any damage done to public right-of-ways as a result of construction on site. 12.That the applicant signs and agrees to a Construction Management Plan (CMP) with the City of Evanston prior to the issuance of any building or demolition permits. The CMP following: utility sewer and water the include limited not is but must to on-site parking construction and plan, staging construction connections, off-site restrictions, construction truck routes, hours of operation, a plan including cross- sections showing pedestrian access around the site with the use of curb ramps, signage and/or striping, if necessary, foundation survey of surrounding structures including and demolition of duration the for seismographs of reporting weekly construction, submittal of environmental testing report prior to construction, visibility diagram for all construction site access points, a proposed schedule for street opening for that plan management traffic utility cross-section with connections details, addresses events being held in the U2 District during construction, and a communications plan including but not limited to project updates via monthly newsletter and project website. 13.That the Applicant must record the approving ordinance with the Cook County Clerk's Office. 14.A Ryan Field Sustainability Plan that includes both "Construction" and "Operations" with either an all-electric net zero building or a pathway to net zero greenhouse gas emissions by 2040 where feasible: a."Construction" i.Provide a plan for deconstruction (not demolition) of the existing structure ii.Provide a plan for on-site materials reuse iii.Use low-carbon steel and low-carbon concrete Page 6 of 86 SP2.Page 112 of 237 iv.Calculate embodied carbon v.Conduct a feasibility study of a greywater digester for food prep waste in concession areas vi.Collaborate with ComEd on full building electrification, EV charging, and available incentives vii.Conduct new feasibility study of solar PV or solar parking canopies b."Operations" i.Plan a path towards net zero greenhouse gas emissions that primarily addresses emissions from the building's energy usage by 2040 ii.Include food waste diversion services within the Stadium Complex. iii.Include reusable food and beverage wares and the needed infrastructure. iv.Provide litter management plans for parking lot and neighboring areas v.Install hand dryers in restrooms 15.The Applicant consults with Native American Tribal representatives and the State Historic Preservation Office relating to archaeological oversight before and during excavation and construction to ensure that Native American ancestral burials and archaeologically sensitive sites are treated in an appropriate manner. 16.Provide an updated timeline for construction prior to City Council review. 17.The Applicant meets with residents to discuss the option of constructing an above- grade or below-grade garage on the east or west parking lot if desired in lieu of parking in the neighborhood. 18.The Applicant provides funding for the City to initiate an independent peer review of the stormwater management system and the geotechnical aspects of the project. 19.The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with the following: the terms of this ordinance; the Development Plan in Exhibit B, attached hereto and incorporated herein by reference; all applicable City Code requirements; the Applicant's testimony and the Commission, Use Land and to documents P&D representations the Committee, and the City Council. 20.The Applicant shall follow the general conditions, site controls, and standards as enumerated in Section 6-18-1-9 of the Evanston City Code. Land Use Commission – September 27, 2023: The Commission heard public comment and testimony in addition to presentations from groups and individuals who had requested continuances at the previous meeting. Link to Meeting Packet (LUC Meeting Minutes 9.27.23) Land Use Commission – September 6, 2023: The Applicant provided a presentation on their proposal, were Commission. Use Continuances the from questions by followed Land requested by various members of the public and were granted to the September 27, 2023 meeting. Link to Meeting Packet (including full list of development plan sections) (LUC Meeting Minutes 9.6.23) Ordinance 108-O-23 was tabled to the Special City Council meeting on November 20, 2023, at the November 13, 2023, City Council meeting. A second draft of Ordinance 108-O-23 is attached as a proposed amendment to the version of the ordinance as amended on October Page 7 of 86 SP2.Page 113 of 237 30, 2023. The updated proposed amended ordinance reflects the current public benefits as proposed by NU as of November 16, 2023. Attachments: Northwestern Letter with draft MOU and TMP Revised MOU with Public Benefits - Submitted 10.30.23 Public Comment Received by Planning Staff Since 10.11.23 108-O-23 Approving a SUP for A New Northwestern Stadium in the U2 District as Amended 10.30.23 Proposed Amendment to Ordinance 108-O-23 Approving a SUP for A New Northwestern Stadium in the U2 District Page 8 of 86 SP2.Page 114 of 237 ACTIVE\1604893379.1 DLA Piper LLP (US) 444 West Lake Street, Suite 900 Chicago, Illinois 60606 www.dlapiper.com Katherine C. Jahnke Dale katie.dale@dlapiper.com T 312.368.2153 F 312.251.2856 October 25, 2023 The Honorable Daniel Biss and Members of the City Council City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Re: New Ryan Field Dear Mayor Biss: We represent Northwestern University (“Northwestern”) in connection with the redevelopment of Ryan Field. In anticipation of the October 30 City Council meeting, we would like to submit the enclosed additional information and materials for the Council’s consideration. As you are aware, the proposed redevelopment presents a once in a generation opportunity for the City of Evanston. It will involve approximately $800 million in economic impact, including $208 million dedicated to minority and women-owned businesses, almost 3,000 construction jobs and $12 million in direct permit fee revenue to the City. Northwestern plans to commit to public benefits, which will be memorialized in a forthcoming Memorandum of Understanding (MOU). Land Use Commission Conditions While the collaborative process with staff was beneficial to the project, Northwestern has specific concerns relating to several of the conditions included in the Land Use Commission’s (LUC) resolution and suggested by staff as follows: -Timing of the Traffic Management Plan (TMP). The LUC condition requires a TMP to for all events with expected capacity of more than 5,000 attendees to be finalized prior to the completion of demolition. Given the level of detail and coordination that is involved in preparing the TMP, it would be more appropriate to be completed prior to the first event, not completion of demolition, so that it can be current. An outline of a TMP is attached to the enclosed MOU, which shows the level of specificity that will be provided. -Environmental Assessment Review and Subsequent Peer Review. The LUC condition included implementation of mitigation measures at the University’s expense, including a noise limit at the property line. Northwestern plans to explore the various mitigation measures, with the exception of the roof/dome above the seating areas, which is not part of the plans and inconsistent with the architectural plans included in the PD. Page 9 of 86 SP2.Page 115 of 237 October 25, 2023 Page 2 ACTIVE\1604893379.1 Additionally, Northwestern would recommend that these details and the final sound mitigation strategies intended to limit noise levels emanating from the venue sound system at the University’s property line to an average range of 40-80 dba for any event be included in the Concert Operations Plan. Finally, consistent with testimony provided at the LUC and as discussed throughout the public process, it should be clarified that the concert events will likely use sound systems other than the PA, contrary to the suggestion in the staff report conditions. -Additional Traffic & Pedestrian Mitigation Measures. The LUC condition suggests additional traffic and pedestrian mitigation measures prior to City Council consideration. All proposed mitigation measures are referred to in the traffic study. -Electric Vehicle Parking Requirements. The LUC included a condition that the proposal comply with the City’s electric vehicle parking requirements per §4-2-2, Table 406.2.7.2 of the City Code. The proposal currently complies with Table 406.2.7.2 in that 10% of the parking spaces will have EV charging installed but does not have 40% of the parking spaces EV ready. NU would agree to explore that as an alternate, if it is feasible, or can add additional EV ready parking stalls in the future, if there is demand. -Additional Above-Grade or Below-Grade Parking. The LUC recommended that Northwestern meet with residents to discuss the option of constructing an above-grade or below-grade garage on the east or west parking lot if desired in lieu of parking in the neighborhood. There is no plan to additional provide above-grade or below-grade parking based on previous feedback, including from the 7th Ward community. Northwestern will continue to engage with and address concerns from the community with respect to the adequacy of on- and off-site parking, pursuant to the MOU. The proposed on-site parking will be consistent with the plans included in the PD. In sum, Northwestern is generally accepting of the conditions set forth in the Land Use Commission resolution except as relates to the items detailed above and would request that any approval ordinance be amended to reflect these requested changes. In addition to the forthcoming public benefits commitments, the development will benefit the community by providing significant improvements, utilizing environmentally friendly and sustainable building practices and creating hundreds of permanent jobs and thousands of temporary constructions jobs. Thank you for taking these matters under advisement. We look forward to appearing before you on October 30 to answer any questions. Page 10 of 86 SP2.Page 116 of 237 October 25, 2023 Page 3 ACTIVE\1604893379.1 Very truly yours, DLA Piper LLP (US) Katherine C. Jahnke Dale cc (via email): Luke Figora Dave Davis Matthew Kopp Page 11 of 86 SP2.Page 117 of 237 Northwestern Proposed Draft 10/25/23 MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (this “Memorandum”) is effective as of [______________]1, 2023 (the “Effective Date”), by and between NORTHWESTERN UNIVERSITY, an Illinois corporation (“Northwestern”), and THE CITY OF EVANSTON, a municipal corporation (the “City”). Northwestern and the City are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. As used herein, the term “Northwestern” shall include its contractors, operators and/or affiliates, as applicable. RECITALS WHEREAS, Northwestern and the City have a long history of working together to enhance a nd support the Evanston community through various collaborative efforts. WHEREAS, in furtherance of the Parties’ continued cooperation with respect to the entire Evanston community as a whole, the Parties desire to set forth (i) certain operational and logistical considerations with respect to Ryan Field following its redevelopment (the “Ryan Field”) for events ticketed for a minimum of ten thousand (10,000) individuals and (ii) certain public benefits. Such public benefits are intended to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, rebuild a new Ryan Field which will further vitalize the community, and help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. WHEREAS, the successful operation of Ryan Field will in certain respects require separate considerations and requirements to apply during football games (“Football Games”), amplified musical performances inside the stadium intended as publicly facing capacity concerts (“Concerts”), and all other times. NOW, THEREFORE, in consideration of: the mutual covenants set forth herein, the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, the legal and regulatory environment as of the Effective Date, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed; the Parties hereto, intending to be legally bound hereby, agree as follows: 1. Recitals. The foregoing recitals are acknowledged to be accurate and are incorporated herein by reference. 2. City Services. a. City Personnel. The City shall provide personnel in such quantities, at such locations, and during such hours as Northwestern may designate, upon oral or written notice delivered at least three (3) days prior to the date on which such personnel are requested to perform services (the “Event Date(s)”); provided, however, that the City, may, but shall not be obligated to provide any personnel unless Northwestern delivers written notice at least one (1) month prior to any Event Date and such notice describes: (i) the Event Date, 1 Note to Draft: The Effective Date will be on or after the passage of the Approval Ordinances that are mutually agreeable to the City and Northwestern Page 12 of 86 SP2.Page 118 of 237 2 (ii) an estimated number of personnel that the Northwestern might designate on the Event Date, and (iii) an estimated number of hours personnel may be requested to work. b. Reimbursement. Northwestern shall reimburse the City for the City’s out-of-pocket costs on Event Dates incurred in connection with providing personnel pursuant to Section 2.a. above necessary for the operation of Ryan Field according to the reimbursement schedule attached as Schedule 1 hereto, which may be modified from time to time by agreement between the Parties. 3. Tailgating Activities. Except to the extent tailgating or related activities occur inside Ryan Field or within its plazas, Northwestern will not permit or facilitate tailgating activities on Event Dates for Concerts. 4. Security Plan. Northwestern shall deliver a reasonable security plan to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Security Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Security Plan shall describe Northwestern’s intentions with respect to providing, supervising or otherwise coordinating security services in connection with the operation of Ryan Field, such as, by way of example only, the following: a. police and/or security staffing levels; b. use of magnetometers; c. bomb sweeps; and d. coordination with City Police, State of Illinois Police, and the Federal Bureau of Investigation. 5. Sustainability Plan. Northwestern shall deliver a reasonable sustainability plan to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Sustainability Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Sustainability Plan shall describe Northwestern’s intentions with respect to activities related to environmental sustainability in connection with the operation of Ryan Field, such as, by way of example only, the following topics: a. trash clean-up; b. recycling; c. composting; d. water management; and e. greenspace. 6. Traffic Management Plan. Northwestern shall deliver a reasonable traffic management plan in substantially the form of Schedule 2 attached hereto to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Traffic Management Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Traffic Management Plan shall describe Northwestern’s intentions with respect to activities related to regulating, managing, controlling, or otherwise affecting traffic flows on Event Dates in connection with the operation of Ryan Field, such as, by way of example only, the following activities: Page 13 of 86 SP2.Page 119 of 237 3 a. providing or facilitating non-vehicular modes of transportation, including pedestrians and bicycles; b. providing or facilitating shuttles; c. facilitating off-site vehicular parking; d. enabling efficient access to or for transportation network providers and ride share; e. restricting street access; and f. supervising, limiting or otherwise regulating permit parking. 7. Concert Operations Plan. Northwestern shall deliver a reasonable concert operations plan to the City prior to the first Concert Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Concert Operations Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Concert Operations Plan shall describe Northwestern’s intentions with respect to activities in connection with the operation of Concerts at Ryan Field, such as, by way of example only, the following topics: a. management of noise levels consistent with the Approval Ordinances and the approved Concert Operations Plan; b. sound check protocols; c. traffic and parking management; d. coordination with City personnel prior to and during Concerts; e. staging and underground or off-site storage for trucks and buses; f. fines for noncompliance; and g. set up and take down of Concert equipment. 8. Advance Notice of Events. Northwestern shall use its best efforts to provide significant advance notice to the City and Evanston communit y of any capacity events to occur at Ryan Field or the associated plazas. 9. Public Benefits. Northwestern is committed, both through its own efforts and through the efforts of its contractors and vendors, to (i) furthering opportunities for a broad and diverse membership of the Evanston community to participate in and benefit from the design, construction, maintenance and operation of a newly rebuilt Ryan Field, (ii) fostering a broader relationship and strengthening a deeper connection between Northwestern and the entire Evanston community, (iii) rebuilding a new Ryan Field, and (iv) helping provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. To all those ends, and pursuant to Section 6-3-6-3 of the Evanston Zoning Ordinance (Public Benefits), Northwestern agrees to the public benefits (and duration of such) as outlined on Schedule 3 attached hereto assuming the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. In connection with such public benefits, Northwestern will make certain voluntary payments to the City and other City stakeholder organizations, all as described on Schedule 3. The parties acknowledge that Northwestern is tax-exempt and any such voluntary payments shall not impact Northwestern’s tax-exempt status or be considered a tax, tariff or duty or a payment in lieu thereof. In light of the broader relationship between Northwestern and the entire Evanston community, and in the spirit of a renewed greater partnership between Northwestern and the City going forward, the Parties agree that they are committed to collaborating in good faith and reasonably working with one another with respect to all Northwestern/City matters beyond the new Ryan Field for years to come. Page 14 of 86 SP2.Page 120 of 237 4 10. Community Advisory Council. Northwestern shall meet at least twice annually with the Community Advisory Council (as hereinafter defined), unless such meetings are reduced and/or such Community Advisory Council is terminated in writing by the City. The purpose of the Community Advisory Council shall be to review the Traffic Management Plan and Security Plan and their updates, as provided for above, receive updates on Northwestern’s M/WBE hiring during construction and to gather and disseminate information regarding the operation of Ryan Field from neighborhood residents to Northwestern and the City, and vice versa. As used herein, the “Community Advisory Council” means a council composed of three (3) members appointed by Northwestern staff and three (3) members appointed by City staff. Such members shall be appointed in accordance with such rules as Northwestern and the City may from time to time agree. 11. Alcohol Sales. The Parties shall cooperate such that Northwestern will (i) obtain all permits, licenses and approvals required for the sale of alcohol at Ryan Field and its Events prior to opening of the new stadium, and (ii) maintain all such permits, licenses and approvals for so long as Northwestern causes vendors to make alcohol available at Ryan Field and its Events. In connection therewith, Northwestern shall use commercially reasonable efforts to cause professional servers to utilize industry-standard practices for the service of alcohol, such as, by way of example only: a. reviewing customers’ identification for compliance with applicable age limits; b. limiting the number of alcoholic drinks that any individual may purchase; and c. stopping general admission alcohol service in accordance with best practices for Football Games and Concerts. 12. Term. The term of this Memorandum shall be perpetual for so long as Northwestern is hosting Football Games and Concerts at Ryan Field pursuant to that certain Ordinance XX-O-23 Granting the Ryan Field Planned Development and that certain Ordinance XX-O-23 Amending the Zoning Ordinance Regulations for the U2 University Athletic Facilities District (in forms mutually agreeable to the City and Northwestern, collectively, the “Approval Ordinances”), Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. The City shall not revoke, rescind, modify or otherwise alter the Approval Ordinances without Northwestern’s prior written and signed consent. For the avoidance of doubt, to the extent any term, condition or provision is explicitly time limited herein, this Section 12 shall not override such explicit time limitation. 13. Notices. Any and all notices, elections or demands permitted or required to be made under this Memorandum shall be in writing, signed by the party giving such notice, election or demand, and shall be delivered personally, by receipted commercial courier service, or sent by registered or certified United States mail, postage prepaid, return receipt requested to the other party at the address set forth below, or at such other address as may have heretofore been designated in writing. The date of personal delivery or three (3) days after postmark of date of mailing, as the case may be, shall be the date such notice, election or demand is deemed delivered. If to the City: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attn: City Manager; Corporation Counsel; ________________; and ________________ Page 15 of 86 SP2.Page 121 of 237 5 If to Northwestern: Northwestern University 633 Clark Street Evanston, Illinois 60208 Attn: Vice President and Chief Operating Officer; Vice President and Chief Financial Officer; and Senior Executive Director of Neighborhood and Community Relations with copy to: Northwestern University Office of General Counsel 633 Clark Street Evanston, Illinois 60208 Attn: General Counsel 14. Not an Easement or Public Dedication; Authorizations. a. Notwithstanding anything herein to the contrary, and for the avoidance of doubt, nothing herein shall be deemed to: be an easement, lease or license to any individual, entity, municipality or the general public; confer any rights, title, interests or benefits upon or in favor of any individual, entity, municipality or the general public; be a gift or dedication of any portion of Ryan Field or its surrounding areas to any individual, entity, municipality or the general public; or a specific right to any individual, entity, municipality or the general public to use Ryan Field or its surrounding areas, other than the general rights of use in common with all other individuals and members of the general public as expressly contemplated by this Memorandum; it being the intention of the Parties that this Memorandum shall be strictly limited to and for the purposes herein expressed, and for no other use or purpose. The City shall not record this Memorandum or any summary thereof. b. To the extent the consent, authorization or approval of or license from, or notice to, the City is required with respect to this Memorandum or its subject matter, then the City hereby acknowledges and agrees that its execution of this Memorandum shall be deemed to have satisfied any such consent, authorization, approval, license or notice requirement. To the extent the consent, authorization or approval of or license from, or notice to, any third party or other governmental authority (including Cook County or the State of Illinois) is required with respect to this Memorandum or its subject matter, then the Parties agree to cooperate with each other to obtain such consent, authorization, approval or license or give such notice. 15. Miscellaneous. a. This Memorandum is a legally binding agreement between the Parties, and is legally enforceable upon each Party by the other Party. b. This Memorandum may only be amended, modified or supplemented in writing signed by each Party; provided, however, that Northwestern may unilaterally amend this Memorandum in order to comply with any applicable law, rule, order, settlement, regulation or licensing requirement, or change thereof, and shall give the City written notice thereof. The Parties shall enter into such amendments to this Memorandum as may be necessary to effectuate the continued operation of Ryan Field. Page 16 of 86 SP2.Page 122 of 237 6 c. If any provision of this Memorandum or any word or part thereof or any application thereof is determined to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect any other provision of this Memorandum, this Memorandum shall be construed as if such invalid, illegal or unenforceable part were never included herein, the remainder of this Memorandum shall be and remain valid and enforceable to the fullest extent permitted by law, and the Parties shall negotiate in good faith to modify this Memorandum so as to effect the original intent of the Parties as closely as possible. d. This Memorandum shall be exclusively governed by and construed in accordance with the laws of Illinois, excluding its choice or conflict of law principles. All disputes and claims relating to this Memorandum not resolved between the Parties shall be resolved exclusively by binding confidential arbitration applying Illinois law and administered by an arbitrator mutually agreed upon by the Parties. The place of any such arbitration shall exclusively be Evanston, Illinois. e. Each Party hereby forever waives and releases any and all claims, demands, or causes of action it may have, known or unknown, against the other in any way related to this Memorandum. f. The Parties are and shall be independent contractors and this Memorandum shall not be construed to create any relationship of partnership, joint venture or other similar relationship. g. Neither Party shall be liable for any failure of or delay in the performance of this Memorandum for the period that such failure or delay is due to force majeure, including, but not limited to: war, terrorism, riots, fire, flood, tornado, earthquake, lightning, pandemic, other acts of God, explosion, strikes, labor disputes, acts of state or governmental action prohibiting or impeding any party from performing its respective obligations hereunder, or any other reason beyond the reasonable control of such Party. h. [Note to Draft: Reasonable insurance and indemnity provisions to be reasonably negotiated between Northwestern and City Staff.] i. This Memorandum constitutes the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements, written or oral, with respect thereto. j. This Memorandum shall equally apply to any successor or assign of any Party. No Party may assign or delegate its rights or obligations hereunder without the prior written consent of the other Party, except that Northwestern may assign or delegate any or all of this Memorandum or the rights or obligations hereunder to a wholly-owned subsidiary of Northwestern. k. This Memorandum does not confer any right, benefit or remedy upon any individual, entity or municipality that is not a Party hereto. l. No failure or delay in exercising any right or remedy shall be a waiver thereof. No waiver shall be effective unless in writing and signed by the party so waiving. m. This Memorandum may be executed in counterparts and delivered by electronic means (e.g., fax, email, docusign). [Signature pages follow] Page 17 of 86 SP2.Page 123 of 237 [SIGNATURE PAGE TO RYAN FIELD MEMORANDUM OF UNDERSTANDING] IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Understanding as of the Effective Date. NORTHWESTERN UNIVERSITY By: ____________________________ Name: ____________________________ Its: ____________________________ THE CITY OF EVANSTON By: ____________________________ Name: ____________________________ Its: ____________________________ Page 18 of 86 SP2.Page 124 of 237 SCHEDULE 1 SCHEDULE 1 REIMBURSEMENTS [Note to Draft: To be determined between the City Staff and Northwestern] Page 19 of 86 SP2.Page 125 of 237 SCHEDULE 2 SCHEDULE 2 FORM OF TMP Attached. Page 20 of 86 SP2.Page 126 of 237 SCHEDULE 3 SCHEDULE 3 PUBLIC BENEFITS PACKAGE In accordance with Section 6-3-6-3 of the Evanston Zoning Ordinance, in order to provide benefits to the surrounding neighborhood and the City as a whole from the Approval Ordinances, to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, and to help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole, and assuming the passage of the Approval Ordinances, Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date, Northwestern agrees to the following public benefits: [Note to Draft: To come.] Page 21 of 86 SP2.Page 127 of 237 Northwestern University // Ryan Field TRANSPORTATION MANAGEMENT PLAN | DRAFT V.1 DISCLAIMER: This document represents an initial draft framework of a Transportation Management Plan (TMP) associated with concert events proposed at Ryan Field. The TMP process requires engagement with and input from numerous stakeholder groups over several weeks to inform the plan’s details. This initial version is not fully developed, but includes preliminary narratives and exhibits along with placeholders. Additional measures will likely be incorporated as a result of on-going and future engagement and further plan development. Once a draft is completed, the TMP will be provided to the City of Evanston for review and approval prior to events being hosted at Ryan Field. Additionally, best practices for developing a TMP require fact-specific, real-time information. As such, this TMP will be reviewed and updated on a regular basis. Page 22 of 86 SP2.Page 128 of 237 NORTHWESTERN UNIVERSITY i Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan TABLE OF CONTENTS Introduction Purpose and Objectives ............................................................................................................................................. 1 Venue and Events Overview ...................................................................................................................................... # Transportation Management Planning Process .......................................................................................................... # Guiding Principles....................................................................................................................................................... # Transportation Management Plan and Strategies Parking ....................................................................................................................................................................... # Vehicular Traffic / Access Routes ............................................................................................................................... # Public Transportation .................................................................................................................................................. # Shuttles and Buses..................................................................................................................................................... # Pedestrian Accommodations ...................................................................................................................................... # Bicycle Accommodations ............................................................................................................................................ # Transportation Network Companies (TNC) / Rideshare ............................................................................................. # Active Transportation .................................................................................................................................................. # Traffic Control Personnel ............................................................................................................................................ # Event Truck Loading Logistics .................................................................................................................................... # Public Safety .............................................................................................................................................................. # Programs and Policies ................................................................................................................................................ # Communications and Engagement ............................................................................................................................ # Communication + Coordination Website, E-mail, and Social Media ............................................................................................................................. # Student Handbook and Plan Acknowledgement ........................................................................................................ # Village and Community Coordination ......................................................................................................................... # Contact Information .................................................................................................................................................... # Page 23 of 86 SP2.Page 129 of 237 NORTHWESTERN UNIVERSITY ii Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan LIST OF EXHIBITS Exhibit 1 Athletic Campus Site Plan Exhibit 2 Event Parking Locations Exhibit 3 Pre-Event Traffic Control and Lane Configurations Exhibit 4 Post-Event Traffic Control and Lane Configurations Exhibit 5 Access Routes, Directional Wayfinding, and Controls Exhibit 6 Shuttle Routes, Stops, and Staging Zones Exhibit 7 Shuttle Loading Exhibit 8 TNC Loading and Staging (East) Exhibit 9 TNC Loading and Staging (West) Exhibit 10 Bike Parking and Accommodations Exhibit 11 Event Truck Access Routes Page 24 of 86 SP2.Page 130 of 237 NORTHWESTERN UNIVERSITY 1 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan INTRODUCTION Purpose and Objectives The Transportation Management Plan (TMP) is a summary of Northwestern University’s proposed operations plan and strategies to manage the multimodal transportation and parking conditions for events at Ryan Field. The TMP is a dynamic document that is intended to not be considered static or complete, but rather reviewed and updated annually to consider changed conditions, integrate emerging technologies, and explore opportunities to improve, supplement, or modify current measures. Venue and Events Overview PLACEHOLDER: Detail Ryan Field and Hosted Events (event types, attendance capacities, # of events, schedules, broader context of the athletic campus and other associated venues, parking, etc.) The overall athletic campus site plan illustrated in Exhibit 1. Transportation Management Planning Process PLACEHOLDER: Detail TMP Process (building on past experience of hosting football games and events at Ryan Field/athletic campus, agency and stakeholder group engagement [Police and Security – Evanston Police, NU Police, Venue Security; Athletics and Parking/Shuttle Services – Athletic Department, Transportation and Parking Services; City of Evanston – Transportation Engineering, Planning, Parking Services; Transit Agencies – CTA, Metra, Pace, Village of Wilmette, neighborhood engagement, local businesses], City review/approval, annual reviews and updates, etc.) Guiding Principles Efficient and effective management of multimodal transportation and parking operations is key to any successful event of various scales. Building on its experience hosting a range of events at the Athletic Campus and best practices applied at other venues, Northwestern University has established the following planning principles to guide development transportation management strategies, programs, policies, and planning efforts related to events hosted at Ryan Field. • Provide a safe environment for all event attendees and the surrounding community, including pedestrians, cyclists, transit riders, and vehicle drivers/passengers. • Promote orderly and efficient flow of traffic on the Athletic Campus and along nearby streets. • Limit impacts of traffic congestion before, during, and after planned events at Ryan Field. • Promote awareness and understanding of the plan’s key elements to the university, city officials and staff, event attendees, and the surrounding community through multiple channels of communication. • Be flexible, monitor conditions over time, and adjust the plan to address changed conditions over time while exploring opportunities to leverage emerging technologies that can improve the plan. Page 25 of 86 SP2.Page 131 of 237 NORTHWESTERN UNIVERSITY 2 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan TRANSPORTATION MANAGEMENT PLAN The Transportation Management Plan is organized by categories related to how event attendees access Ryan Field, operational components of facilitating transportation access, and other elements associated with managing event day conditions. Within each category, strategies are detailed with supporting narrative and exhibits. Parking PLACEHOLDER: Detail On-Site Parking (# of spaces in East and West Lot, reserved/pre-sold parking only, option for premium-rate cash parking if spaces are underutilized, access locations and ingress/egress lanes, staffing needs at each lot, etc.) PLACEHOLDER: Detail Off-Site Parking (# of spaces by location, mix of reserved/pre-sold and cash parking depending on location, access locations, etc.) PLACEHOLDER: Detail Signage and Traffic Control Equipment (locations, sign types/sizes, sign messages, layout of cones/barricades, deployment schedule, etc.) PLACEHOLDER: Detail Communications (online resource, text messages, apps, future (to be developed AI resources), advance event communications re: parking location(s) and directions based on address of ticket purchase, etc.) PLACEHOLDER: Detail Employee Parking (off-site location, shuttle accessible, etc.) Exhibit X, illustrates the locations of stadium event parking on site and both designated and publicly-accessible off- site parking in the site vicinity (walkable), on the University’s campus (shuttle access), and in Downtown Evanston (shuttle access). Additional parking locations will likely be established by entrepreneurial property owners within walking distance of Ryan Field. These locations can be added to the plan based on observed conditions. Strategy: Use of Underutilized Off-Street Parking [Details to be confirmed in coordination with the City of Evanston] Strategy: Neighborhood Event Parking Restrictions [Details to be further developed in coordination with the City of Evanston] Strategy: Advance Parking and Access Route Communications to Ticketholders [Details to be further developed in coordination with the City of Evanston] Vehicular Traffic / Access Routes PLACEHOLDER: Detail Wayfinding Signs (identify key access routes, variable message sign locations and messages, static sign locations, technology-enabled options/solutions, etc.) PLACEHOLDER: Detail Curbside Restrictions (locations and limits, times in effect, benefits and uses, etc.) Page 26 of 86 SP2.Page 132 of 237 NORTHWESTERN UNIVERSITY 3 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan PLACEHOLDER: Detail Temporary Directional Traffic Flows and Lane Configurations (identify locations, police manual intersection controls, etc.) Refer to Exhibits X-West and X-East and Exhibits Y-West and Y-East for pre- and post-event lane configurations, respectively. PLACEHOLDER: Detail Wayfinding Signs (identify key access routes, variable message sign locations and messages, static sign locations, etc.) Exhibit X depicts the key vehicular access routes to/from Ryan Field with elements indicating directional wayfinding signs leading to reserved/pre-paid parking and off-site parking locations, access and parking controls at side streets supporting the event parking restriction in place within the surrounding neighborhoods, on-street parking restrictions along Central Street (Poplar Avenue to Girard Avenue), posted intersections for police/traffic control personnel, and others. [Details of sign locations, messages, traffic controls, and other elements to be further developed in coordination with the City of Evanston, Evanston Police and Fire Departments, the Village of Wilmette, and other stakeholders] Strategy: Central Street Parking and Loading Zone Restrictions [Details to be further developed in coordination with the City of Evanston] Similar to past practice for football games, on-street parking will be prohibited along Central Street between Poplar Avenue and Girard Avenue before, during, and after events at Ryan Field. This restriction allows traffic to flow more efficiently along Central Street as it provides room for quick drop offs, occasional delivery/service vehicles serving adjacent properties, and for vehicles to bypass turning vehicles that are yielding to oncoming traffic and/or crossing pedestrians. Additionally, keeping the curb lane open also helps to facilitate emergency response vehicles traveling through the corridor during events as traffic can pull over and provide an open lane for ambulances, fire trucks, and other emergency vehicles to efficiently pass. [Details regarding time start/end to be confirmed]. Vehicles parked in this zone after the start of the restriction period will be towed. Strategy: Neighborhood Event Parking and Circulation Restrictions [Details to be further developed in coordination with the City of Evanston] Strategy: One-Way Northbound Traffic Flow on Ashland Avenue (Lincoln Street to Isabella Street) [Details to be confirmed in coordination with the City of Evanston] Strategy: Advance Directional Wayfinding Signs [Details to be further developed in coordination with the City of Evanston] Page 27 of 86 SP2.Page 133 of 237 NORTHWESTERN UNIVERSITY 4 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan Public Transportation Ryan Field is well-positioned to take advantage of excellent transit access with both Metra UP-North Line and CTA Purple Line stations located within approximately 1,600 feet of the stadium. In order to serve the concentration of event attendees arriving and departing concert events at Ryan Field, both Metra and CTA have indicated interest in working with the University to increase their respective operational capacities relative to their normal conditions and to promote these options as an attractive mode of transportation to/from events, helping to limit traffic demands and parking needs. Strategy: Metra – Increased Operational Capacity [Details to be further developed in coordination with Metra] Metra would coordinate with the University to increase service capacity, relative to normal operations, to support transit ridership as an attractive mode to access events at Ryan Field, as is done at other venues. Such adjustments could include adding a half-cycle train between regularly scheduled trains as an additional train in the schedule aligning with event times and/or having a train waiting at a nearby staging location along the Union Pacific – North Line. These adjustments would allow Metra to provide up to three trains in the hour before and the hour after the event in each direction. At the Central Street station, the southbound platform accommodates 6-car trains for boarding and alighting (although longer trains may be possible with some cars not able to directly board/alight at every platform as passengers use a different car). The northbound platform accommodates 8-car trains. With 140-150 seats/car (and approximately 30 standees in aisles and on steps), each southbound train can serve at least 840 passengers (2,520 passengers across three trains in an hour) and each northbound train can serve at least 1,120 passengers (3,360 passengers across three trains in an hour). Strategy: CTA – Increased Operational Capacity [Details to be further developed in coordination with CTA] The CTA would coordinate with the University to increase service capacity, relative to normal operations, to support transit ridership as an attractive mode for events at Ryan Field, as is done at other venues including Wrigley Field and Guaranteed Rate Field. Operational adjustments to be further developed include leveraging the rail yard at the Linden Street station and staging trains for events to increase train frequency. Target headways at 5-6 minutes would result in 10 trains per hour. The platform at the Central Street station accommodates 6-car trains. Initial planning assumes 75-80 passengers per car, yielding 4,800 passengers per hour. However, practical experience with peak demand surges has yielded over 90-95 passengers per car, yielding up to 5,700 passengers per hour. Strategy: Metra Fare Integration with Event Ticket [Details to be further developed in coordination with Metra] As currently applied for concerts at Ravinia, Metra encourages use of train and removing barriers for event goers, in part, by providing rides to an event without purchasing a Metra ticket. The cost of ridership is integrated into the cost of all event tickets and passengers just show their event ticket to the conductor on the train. Metra would be reimbursed by the University based on the actual Metra ridership for each event. Page 28 of 86 SP2.Page 134 of 237 NORTHWESTERN UNIVERSITY 5 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan Strategy: CTA Event Ridership Promotion [Details to be further developed in coordination with CTA] The CTA is currently exploring opportunities to develop special event passes and digital/QR code passes that can be used to access trains and to promote ridership for specific events. These applications will be further developed to encourage use of CTA as a mode choice to/from events at Ryan Field while particularly focusing on ticket purchasers where CTA is proximate to where they live/work and supporting communication of tailored travel directions. Shuttles and Buses In response to community feedback, the parking plan for concert events at Ryan Field includes prohibiting use of surrounding neighborhoods in Evanston and Wilmette for event parking. This restriction results in an estimated parking reduction of over 1,000 spaces in response to this neighbor accommodation. To offset the reduced parking in the stadium vicinity compared to football games, additional off-site parking will be used at locations on the University’s campus and within publicly accessible parking garages in Downtown Evanston. Similar to past practice for football games, off-site parking in these areas will be served by shuttle buses. Exhibit X illustrates the planned shuttles routes and stops for the campus and downtown parking locations. PLACEHOLDER: Detail Operations (# of buses, routes and stops, service hours, staff, rider queuing areas, etc.) PLACEHOLDER: Private bus services (designated loading area, off-site parking on campus, communications with drivers and passengers, etc.) Strategy: Shuttle Passenger Loading on Ashland Avenue Similar to past practice for football games, off-site parking shuttle staging and loading is planned along the east side of Ashland Avenue, using a staggered configuration in two lanes with space between buses that allows access between the curb and doors of buses in lane furthest from the curb. Two shuttle routes will serve 1) campus parking garages and 2) Downtown Evanston garages. Also similar to practice for football games, staging and loading for the two shuttle routes will be separate with one route north of Walker Way (up to 26 buses staged/loading) and one route south of Walker Way (up to 24 buses staged/loading). Based on football game experience at Ryan Field, shuttles, it takes approximately 3.5 minutes to load a shuttle bus with 40 passengers. The loading area for each route will be clearly identified with signs indicating the designated route, loading area entry, and bus loading points. Preliminary shuttle loading areas and configurations are illustrated on Exhibit X. Strategy: Off-Site Shuttle Staging The east side of Ashland Avenue, using a two-lane staggered configuration for staging prior to the end of an event provides capacity for up to 50 buses. Between 75 and 115 buses may be needed for a capacity event that fully utilizes the designated shuttle-accessible off-site parking, depending on the number of round-trip cycles. During events, shuttle buses should be located along the east side of Ashland Avenue, on the University’s campus east of Sheridan Road, the bus provider’s facility, or at another location that is removed from residential homes and open commercial businesses. Leading up to the event ending, buses will access staging positions along Ashland Avenue at Ryan Field or near the designated routes so that they are ready to backfill the loading area after the first wave of shuttles leave with passengers. Similar to practice for football games, the first off-site staging area is along the north side of Lincoln Street between Page 29 of 86 SP2.Page 135 of 237 NORTHWESTERN UNIVERSITY 6 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan Leahy Park and the Chandler-Newberger Center. Additional shuttle staging should occur on the University’s campus east of Sheridan Road. These locations are depicted on Exhibit X. While staging, buses should not idle to limit noise and emissions. Transportation Network Companies (TNC) / Rideshare PLACEHOLDER: Detail TNC/Rideshare Loading and Staging Areas (preliminary east [Chandler-Newberger Lot – see Exhibit X] and west [Haven Middle School Lot – see Exhibit X] off-street locations; detail and illustrate layout for ingress/egress, circulation, staging, and passenger loading areas; describe and define geofence and coordination with providers; signing; pedestrian wayfinding; operational parameters; staffing needs; etc.) Strategy: Define Expanded Geofence Boundary [Details to be further developed in coordination with Uber, Lyft, City of Evanston, Village of Wilmette, and Evanston Police Department] Strategy: Establish Eastern Taxi / Rideshare Off-Street Staging and Loading Area [Details to be further developed in coordination with City of Evanston and Village of Wilmette] Strategy: Establish Western Taxi / Rideshare Off-Street Staging and Loading Area [Details to be further developed in coordination with District 65, City of Evanston, and Village of Wilmette] Active Transportation PLACEHOLDER: Detail Pedestrian and Bicycle Accommodations (locations, measures in place, staffing needs at each location, traffic control and barriers, hours/availability, communication and coordination, etc.) Refer to Exhibit X for summary of locations and measures. Strategy: Establish Bike Valet Zone [Details to be further developed in coordination with City of Evanston and Stadium Operations] Traffic Control Personnel PLACEHOLDER: Detail Police and Traffic Control ([12] intersection locations, staffing needs at each location, key roles and priorities for each post, hours at post relative to event schedule, communication and coordination, etc.) Refer to Exhibits X-East and X-West illustrating existing, pre-event, and post- event lane configurations. Strategy: Post Police/Traffic Control Officers at [12] Intersections [Details to be further developed in coordination with Evanston Police Department, University Police Department, City of Evanston, and Village of Wilmette] Page 30 of 86 SP2.Page 136 of 237 NORTHWESTERN UNIVERSITY 7 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan Event Truck Loading Logistics PLACEHOLDER: Detail Load-In and Load-Out Logistics (range for # of trucks, truck types, typical times of day, truck sequencing, operational parameters (e.g., bus idling, vertical clearance requirements, etc.), off-site truck marshalling options, access routes, etc.). Strategy: Pre-Event Truck Loading Procedures and Sequencing [Details to be further developed in coordination with City of Evanston and Stadium Operations] Strategy: Off-Site Event Truck Marshalling [Details to be further developed in coordination with City of Evanston, Potential Property Owners for Off- Site Truck Marshalling, and Stadium Operations]. Strategy: Post-Event Truck Loading Procedures and Sequencing [Details to be further developed in coordination with City of Evanston and Stadium Operations] Public Safety PLACEHOLDER: Detail Unified On-Site Command Post (staffing, involved entities, roles and priorities, information on experience during past home football games, etc.) PLACEHOLDER: Detail Event Communications and Coordination with Nearby Emergency Responders, (protocols, past experience, etc.) Strategy: Maintain Unified Command Post at Ryan Field [Details to be further developed in coordination with NU Athletic Department, City of Evanston, Evanston Police Department, Evanston Fire Department, Evanston Hospital, and Stadium Operations] Programs and Policies PLACEHOLDER: Detail Range of Policies (list events - neighborhood event parking restrictions, Metra and CTA Ridership programs, etc.) [Details to be further developed in coordination with City of Evanston and multiple stakeholder groups] Communications and Engagement PLACEHOLDER: Detail Methods for Communications, Coordination, and Community Engagement (list communication methods, applied media platforms, schedule, key contacts, etc.) Strategy: Annual Review and Update of TMP Transportation management plans should be dynamic documents that are regularly reviewed, updated, and evolve to address and respond to changing conditions over time. In partnership with a task force comprised of City officials and staff, neighborhood representatives, and other appropriate stakeholder groups, the University will facilitate annual sessions to review event-related transportation and parking conditions, the measures in place, anticipated changes in event programming, and identify if adjustments Page 31 of 86 SP2.Page 137 of 237 NORTHWESTERN UNIVERSITY 8 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan to the plan are needed. As needed, the transportation management plan will be updated. Annual review sessions are anticipated to be held in the Winter (reviewing the year’s event schedule) with updates developed and incorporated the following Spring for implementation. [Details to be further developed in coordination with NU Athletic Department, City of Evanston, Evanston Police Department, Evanston Fire Department, Village of Wilmette, and Stadium Operations] Page 32 of 86 SP2.Page 138 of 237 NORTHWESTERN UNIVERSITY 9 Ryan Field // Concert Event Transportation Management Plan October 2023 RYAN FIELD Transportation Management Plan COMMUNICATION + COORDINATION A guiding planning principle for the TMP includes promoting awareness and understanding of the plan’s key elements across various platforms and channels of communication to event goers and staff, the university, city and public safety officials, and the surrounding community. The TMP is not intended to be a static document; rather, it is planned to serve as an operations plan that is reviewed on a regular cadence and updated, as needed, in response to monitoring of observed transportation conditions, reviewing stakeholder input, and addressing evolving trends and emerging technologies. As such, Northwestern University has committed to ongoing annual review of the TMP with city officials and community stakeholders and will be active and open in communicating the plan with event goers, city and public safety officials, and the surrounding community. Website, E-mail, and Media The TMP and sharing of event transportation and parking information will be published on and shared via multiple platforms including the University’s Ryan Field Event Day transportation website, social media channels, traditional media options, and direct e-mail and text alerts to ticket holders. These resources will be tapped to communicate plan elements, share reminders, provide directions and preferred modes/routes, and post alerts or notices regarding plan adjustments or special conditions. Current resources are outlined below: • Website https://nusports.com/sports/2018/6/28/football-gameday-transportation • X / Twitter @NU_sports • Facebook @NU_football [Details to be further developed in coordination with City of Evanston and the university.] City and Community Coordination As a continuation of the Campus Master Plan process, Northwestern University will continue to host periodic meeting forums to provide plan updates, solicit input and feedback, and interface with City Staff and neighbors. This coordination and communication with City departments and neighbors is necessary to successfully carry out the plan components of the Campus Master Plan, to monitor and manage the transportation and parking conditions on site, and review transportation management activities and effectiveness. The university recognizes the importance of maintaining healthy dialogue with the City and surrounding community regarding upcoming events, planning, and operational changes that affect both the stadium and surrounding neighborhood. Continued working relationships with these groups are a desired and useful method to successfully communicate and coordinate on transportation and parking issues going forward. Contact Information For questions and coordination with the university regarding this plan, please contact: Northwestern University City of Evanston Elected Official Community Task Force Liaison Insert Name – Insert Title Tel: (XXX) XXX-XXXX E-mail: name@nu.edu Insert Name – Insert Title Tel: (XXX) XXX-XXXX E-mail: Insert Name – Insert Title Tel: (XXX) XXX-XXXX E-mail: Insert Name – Insert Title Tel: (XXX) XXX-XXXX E-mail: Page 33 of 86 SP2.Page 139 of 237 Page 34 of 86SP2.Page 140 of 237 NORTH Ryan Field | Transportation Management Plan STADIUM PARKING OFF-SITE CAMPUS PARKING OFF-SITE DOWNTOWN PARKING OTHER OFF-SITE PARKING NO PARKING LEGEND Parking Locations Exhibit X NORTHSHORE HEALTH GARAGE Available Spaces: 700 EAST STADIUM PARKING LOT Available Spaces: 457 WEST STADIUM PARKING LOT Available Spaces: 900 525 CHURCH STREET GARAGE Available Spaces: 420 500 DAVIS STREET Available Spaces: 50 CENTRAL STREET METRA STATION PARKING Available Spaces: 200 LINDEN CTA STATION PARKING LOT Available Spaces: 323 COOK HALL EAST PARKING LOT Available Spaces: 181 NOYES/HAVEN/SHERIDAN PARKING Available Spaces: 170 NU LAKESIDE PARKING Available Spaces: 700 WALTER ATHLETICS CENTER GARAGE Available Spaces: 700 E2 SELF PARK Available Spaces: 100 NU PARKING LOT Available Spaces: 159 1800 MAPLE SELF PARK Available Spaces: 840 SHERMAN PLAZA GARAGE Available Spaces: 840 ONE ROTARY CENTER GARAGE Available Spaces: 315 1629 ORRINGTON AVENUE Available Spaces: 250 Page 35 of 86 SP2.Page 141 of 237 METR A - U P N O R T H ISABELLA STLIVINGSTON STCENTRAL STPOPL A R A V E GREE N B A Y R DEASTWOOD AVEASHLAND AVEASBURY AVERYAN FIELDLane Configuration Traffic ControlExhibit X - WestLEGENDNORTHRyan Field | Transportation Management PlanPage 36 of 86 SP2.Page 142 of 237 BRYANT AVEGIRARD AVERIDGE AVESHERIDAN RDRYAN FIELDCTA P U R P L E L I N E CENTRAL STASBURY AVEISABELLA STLane Configuration and Traffic ControlExhibit X - EastLEGENDNORTHRyan Field | Transportation Management PlanPage 37 of 86 SP2.Page 143 of 237 Page 38 of 86SP2.Page 144 of 237 NORTH Ryan Field | Transportation Management Plan LINCOLN STREET NOYES STREET GARETT PLACE FOSTER STREET EMERSON STREET EMERSON STREET CHURCH STREET DAVIS STREET Shuttle Routes Exhibit X CAMPUS SHUTTLE SHUTTLE RETURN ROUTE SHUTTLE STAGING DOWNTOWN SHUTTLE LEGEND Page 39 of 86 SP2.Page 145 of 237 NORTH Ryan Field | Transportation Management Plan TO SOUTHBOUND SHERIDAN RD (CAMPUS SHUTTLES) TO SOUTHBOUND RIDGE AVE (DOWNTOWN SHUTTLES) FROM WESTBOUND LINCOLN ST 40ft 10ft Passenger Access Shuttle Loading Map Exhibit X DOWNTOWN SHUTTLE Shuttle Stacking Capacity: 24 CAMPUS SHUTTLE Shuttle Stacking Capacity: 26 SHUTTLE STACKING CONFIGURATION Page 40 of 86 SP2.Page 146 of 237 Page 41 of 86 SP2.Page 147 of 237 Page 42 of 86 SP2.Page 148 of 237 Northwestern Proposed Draft MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (this “Memorandum”) is effective as of [______________]1, 2023 (the “Effective Date”), by and between NORTHWESTERN UNIVERSITY, an Illinois corporation (“Northwestern”), and THE CITY OF EVANSTON, a municipal corporation (the “City”). Northwestern and the City are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. As used herein, the term “Northwestern” shall include its contractors, operators and/or affiliates, as applicable. RECITALS WHEREAS, Northwestern and the City have a long history of working together to enhance a nd support the Evanston community through various collaborative efforts. WHEREAS, in furtherance of the Parties’ continued cooperation with respect to the entire Evanston community as a whole, the Parties desire to set forth (i) certain operational and logistical considerations with respect to Ryan Field following its redevelopment (the “Ryan Field”) for events ticketed for a minimum of ten thousand (10,000) individuals and (ii) certain public benefits. Such public benefits are intended to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, rebuild a new Ryan Field which will further vitalize the community, and help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. WHEREAS, the successful operation of Ryan Field will in certain respects require separate considerations and requirements to apply during football games (“Football Games”), amplified musical performances inside the stadium intended as publicly facing capacity concerts (“Concerts”), and all other times. NOW, THEREFORE, in consideration of: the mutual covenants set forth herein, the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, the legal and regulatory environment as of the Effective Date, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed; the Parties hereto, intending to be legally bound hereby, agree as follows: 1. Recitals. The foregoing recitals are acknowledged to be accurate and are incorporated herein by reference. 2. City Services. a. City Personnel. The City shall provide personnel in such quantities, at such locations, and during such hours as Northwestern may designate, upon oral or written notice delivered at least three (3) days prior to the date on which such personnel are requested to perform services (the “Event Date(s)”); provided, however, that the City, may, but shall not be obligated to provide any personnel unless Northwestern delivers written notice at least one (1) month prior to any Event Date and such notice describes: (i) the Event Date, (ii) an estimated number of personnel that the Northwestern might designate on the Event Date, and (iii) an estimated number of hours personnel may be requested to work. 1 Note to Draft: The Effective Date will be on or after the passage of the Approval Ordinances that are mutually agreeable to the City and Northwestern Page 43 of 86 SP2.Page 149 of 237 2 b. Reimbursement. Northwestern shall reimburse the City for the City’s out-of-pocket costs on Event Dates incurred in connection with providing personnel pursuant to Section 2.a. above necessary for the operation of Ryan Field according to the reimbursement schedule attached as Schedule 1 hereto, which may be modified from time to time by agreement between the Parties. 3. Tailgating Activities. Except to the extent tailgating or related activities occur inside Ryan Field or within its plazas, Northwestern will not permit or facilitate tailgating activities on Event Dates for Concerts. 4. Security Plan. Northwestern shall deliver a reasonable security plan to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Security Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Security Plan shall describe Northwestern’s intentions with respect to providing, supervising or otherwise coordinating security services in connection with the operation of Ryan Field, such as, by way of example only, the following: a. police and/or security staffing levels; b. use of magnetometers; c. bomb sweeps; and d. coordination with City Police, State of Illinois Police, and the Federal Bureau of Investigation. 5. Sustainability Plan. Northwestern shall deliver a reasonable sustainability plan to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Sustainability Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Sustainability Plan shall describe Northwestern’s intentions with respect to activities related to environmental sustainability in connection with the operation of Ryan Field, such as, by way of example only, the following topics: a. trash clean-up; b. recycling; c. composting; d. water management; and e. greenspace. 6. Traffic Management Plan. Northwestern shall deliver a reasonable traffic management plan in substantially the form of Schedule 2 attached hereto to the City prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Traffic Management Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Traffic Management Plan shall describe Northwestern’s intentions with respect to activities related to regulating, managing, controlling, or otherwise affecting traffic flows on Event Dates in connection with the operation of Ryan Field, such as, by way of example only, the following activities: a. providing or facilitating non-vehicular modes of transportation, including pedestrians and bicycles; b. providing or facilitating shuttles; c. facilitating off-site vehicular parking; Page 44 of 86 SP2.Page 150 of 237 3 d. enabling efficient access to or for transportation network providers and ride share; e. restricting street access; and f. supervising, limiting or otherwise regulating permit parking. 7. Concert Operations Plan. Northwestern shall deliver a reasonable concert operations plan to the City prior to the first Concert Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Concert Operations Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Concert Operations Plan shall describe Northwestern’s intentions with respect to activities in connection with the operation of Concerts at Ryan Field, such as, by way of example only, the following topics: a. management of noise levels consistent with the Approval Ordinances and the approved Concert Operations Plan; b. sound check protocols; c. traffic and parking management; d. coordination with City personnel prior to and during Concerts; e. staging and underground or off-site storage for trucks and buses; f. fines for noncompliance; and g. set up and take down of Concert equipment. From Labor Day to Memorial Day, Northwestern agrees that evening concerts on Sunday through Thursday (assuming the next day is not a holiday) will not be permitted without prior approval from the City. 8. Advance Notice of Events. Northwestern shall use its best efforts to provide significant advance notice to the City and Evanston communit y of any capacity events to occur at Ryan Field or the associated plazas. 9. Public Benefits. Northwestern is committed, both through its own efforts and through the efforts of its contractors and vendors, to (i) furthering opportunities for a broad and diverse membership of the Evanston community to participate in and benefit from the design, construction, maintenance and operation of a newly rebuilt Ryan Field, (ii) fostering a broader relationship and strengthening a deeper connection between Northwestern and the entire Evanston community, (iii) rebuilding a new Ryan Field, and (iv) helping provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole . To all those ends, and pursuant to Section 6-3-6-3 of the Evanston Zoning Ordinance (Public Benefits), Northwestern agrees to the public benefits (and duration of such) as outlined on Schedule 3 attached hereto assuming the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. In connection with such public benefits, Northwestern will make certain voluntary payments to the City and other City stakeholder organizations, all as described on Schedule 3. The parties acknowledge that Northwestern is tax-exempt and any such voluntary payments shall not impact Northwestern’s tax-exempt status or be considered a tax, tariff or duty or a payment in lieu thereof. In light of the broader relationship between Northwestern and the entire Evanston community, and in the spirit of a renewed greater partnership between Northwestern and the City going forward, the Parties agree that they are committed to collaborating in good faith and reasonably working with one another with respect to all Northwestern/City matters beyond the new Ryan Field for years to come. Page 45 of 86 SP2.Page 151 of 237 4 10. Community Advisory Council. Northwestern shall meet at least twice annually with the Community Advisory Council (as hereinafter defined), unless such meetings are reduced and/or such Community Advisory Council is terminated in writing by the City. The purpose of the Community Advisory Council shall be to review the Traffic Management Plan and Security Plan and their updates, as provided for above, receive updates on Northwestern’s M/WBE hiring during construction and to gather and disseminate information regarding the operation of Ryan Field from neighborhood residents to Northwestern and the City, and vice versa. As used herein, the “Community Advisory Council” means a council composed of three (3) members appointed by Northwestern staff and three (3) members appointed by City staff. Such members shall be appointed in accordance with such rules as Northwestern and the City may from time to time agree. 11. Alcohol Sales. The Parties shall cooperate such that Northwestern will (i) obtain all permits, licenses and approvals required for the sale of alcohol at Ryan Field and its Events prior to opening of the new stadium, and (ii) maintain all such permits, licenses and approvals for so long as Northwestern causes vendors to make alcohol available at Ryan Field and its Events. In connection therewith, Northwestern shall use commercially reasonable efforts to cause professional servers to utilize industry-standard practices for the service of alcohol, such as, by way of example only: a. reviewing customers’ identification for compliance with applicable age limits; b. limiting the number of alcoholic drinks that any individual may purchase; and c. stopping general admission alcohol service in accordance with best practices for Football Games and Concerts. 12. Term. The term of this Memorandum shall be perpetual for so long as Northwestern is hosting Football Games and Concerts at Ryan Field pursuant to that certain Ordinance XX-O-23 Granting the Ryan Field Planned Development and that certain Ordinance XX-O-23 Amending the Zoning Ordinance Regulations for the U2 University Athletic Facilities District (in forms mutually agreeable to the City and Northwestern, collectively, the “Approval Ordinances”), Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. The City shall not revoke, rescind, modify or otherwise alter the Approval Ordinances without Northwestern’s prior written and signed consent. For the avoidance of doubt, to the extent any term, condition or provision is explicitly time limited herein, this Section 12 shall not override such explicit time limitation. 13. Notices. Any and all notices, elections or demands permitted or required to be made under this Memorandum shall be in writing, signed by the party giving such notice, election or demand, and shall be delivered personally, by receipted commercial courier service, or sent by registered or certified United States mail, postage prepaid, return receipt requested to the other party at the address set forth below, or at such other address as may have heretofore been designated in writing. The date of personal delivery or three (3) days after postmark of date of mailing, as the case may be, shall be the date such notice, election or demand is deemed delivered. If to the City: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attn: City Manager; Corporation Counsel; ________________; and ________________ Page 46 of 86 SP2.Page 152 of 237 5 If to Northwestern: Northwestern University 633 Clark Street Evanston, Illinois 60208 Attn: Vice President and Chief Operating Officer; Vice President and Chief Financial Officer; and Senior Executive Director of Neighborhood and Community Relations with copy to: Northwestern University Office of General Counsel 633 Clark Street Evanston, Illinois 60208 Attn: General Counsel 14. Not an Easement or Public Dedication; Authorizations. a. Notwithstanding anything herein to the contrary, and for the avoidance of doubt, nothing herein shall be deemed to: be an easement, lease or license to any individual, entity, municipality or the general public; confer any rights, title, interests or benefits upon or in favor of any individual, entity, municipality or the general public; be a gift or dedication of any portion of Ryan Field or its surrounding areas to any individual, entity, municipality or the general public; or a specific right to any individual, entity, municipality or the general public to use Ryan Field or its surrounding areas, other than the general rights of use in common with all other individuals and members of the general public as expressly contemplated by this Memorandum; it being the intention of the Parties that this Memorandum shall be strictly limited to and for the purposes herein expressed, and for no other use or purpose. The City shall not record this Memorandum or any summary thereof. b. To the extent the consent, authorization or approval of or license from, or notice to, the City is required with respect to this Memorandum or its subject matter, then the City hereby acknowledges and agrees that its execution of this Memorandum shall be deemed to have satisfied any such consent, authorization, approval, license or notice requirement. To the extent the consent, authorization or approval of or license from, or notice to, any third party or other governmental authority (including Cook County or the State of Illinois) is required with respect to this Memorandum or its subject matter, then the Parties agree to cooperate with each other to obtain such consent, authorization, approval or license or give such notice. 15. Miscellaneous. a. This Memorandum is a legally binding agreement between the Parties, and is legally enforceable upon each Party by the other Party. b. This Memorandum may only be amended, modified or supplemented in writing signed by each Party; provided, however, that Northwestern may unilaterally amend this Memorandum in order to comply with any applicable law, rule, order, settlement, regulation or licensing requirement, or change thereof, and shall give the City written notice thereof. The Parties shall enter into such amendments to this Memorandum as may be necessary to effectuate the continued operation of Ryan Field. Page 47 of 86 SP2.Page 153 of 237 6 c. If any provision of this Memorandum or any word or part thereof or any application thereof is determined to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect any other provision of this Memorandum, this Memorandum shall be construed as if such invalid, illegal or unenforceable part were never included herein, the remainder of this Memorandum shall be and remain valid and enforceable to the fullest extent permitted by law, and the Parties shall negotiate in good faith to modify this Memorandum so as to effect the original intent of the Parties as closely as possible. d. This Memorandum shall be exclusively governed by and construed in accordance with the laws of Illinois, excluding its choice or conflict of law principles. All disputes and claims relating to this Memorandum not resolved between the Parties shall be resolved exclusively by binding confidential arbitration applying Illinois law and administered by an arbitrator mutually agreed upon by the Parties. The place of any such arbitration shall exclusively be Evanston, Illinois. e. Each Party hereby forever waives and releases any and all claims, demands, or causes of action it may have, known or unknown, against the other in any way related to this Memorandum. f. The Parties are and shall be independent contractors and this Memorandum shall not be construed to create any relationship of partnership, joint venture or other similar relationship. g. Neither Party shall be liable for any failure of or delay in the performance of this Memorandum for the period that such failure or delay is due to force majeure, including, but not limited to: war, terrorism, riots, fire, flood, tornado, earthquake, lightning, pandemic, other acts of God, explosion, strikes, labor disputes, acts of state or governmental action prohibiting or impeding any party from performing its respective obligations hereunder, or any other reason beyond the reasonable control of such Party. h. [Note to Draft: Reasonable insurance and indemnity provisions to be reasonably negotiated between Northwestern and City Staff.] i. This Memorandum constitutes the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements, written or oral, with respect thereto. j. This Memorandum shall equally apply to any successor or assign of any Party. No Party may assign or delegate its rights or obligations hereunder without the prior written consent of the other Party, except that Northwestern may assign or delegate any or all of this Memorandum or the rights or obligations hereunder to a wholly-owned subsidiary of Northwestern. k. This Memorandum does not confer any right, benefit or remedy upon any individual, entity or municipality that is not a Party hereto. l. No failure or delay in exercising any right or remedy shall be a waiver thereof. No waiver shall be effective unless in writing and signed by the party so waiving. m. This Memorandum may be executed in counterparts and delivered by electronic means (e.g., fax, email, docusign). [Signature pages follow] Page 48 of 86 SP2.Page 154 of 237 [SIGNATURE PAGE TO RYAN FIELD MEMORANDUM OF UNDERSTANDING] ACTIVE\201374735.7 IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Understanding as of the Effective Date. NORTHWESTERN UNIVERSITY By: ____________________________ Name: ____________________________ Its: ____________________________ THE CITY OF EVANSTON By: ____________________________ Name: ____________________________ Its: ____________________________ Page 49 of 86 SP2.Page 155 of 237 SCHEDULE 1 SCHEDULE 1 REIMBURSEMENTS [Note to Draft: To be determined between the City Staff and Northwestern] Page 50 of 86 SP2.Page 156 of 237 SCHEDULE 2 SCHEDULE 2 FORM OF TMP Attached. Page 51 of 86 SP2.Page 157 of 237 SCHEDULE 3 SCHEDULE 3 PUBLIC BENEFITS PACKAGE In accordance with Section 6-3-6-3 of the Evanston Zoning Ordinance, in order to provide benefits to the surrounding neighborhood and the City as a whole from the Approval Ordinances, to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, and to help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole, and assuming the passage of the Approval Ordinances, Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date, Northwestern agrees to the following public benefits: For a period of ten (10) years commencing in 2024: 1. Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of interest as mutually agreed to by the City and Northwestern. 2. An annual investment of $500,000 (as supported by a $10 million gift from the Ryan family to Northwestern) in local workforce development programming and upskilling initiatives, which may include contributions to other organizations, City programs or Northwestern programs that are committed to workforce development in Evanston. 3. An annual investment of $500,000 in racial equity programming, which may include contributions to other organizations or City programs committed to racial equity. 4. Contribute at least $1,000,000 per year in aggregate to Evanston nonprofit organizations, community groups, faith-based institutions and/or schools, which contributions shall be documented and provided to the City. 5. Enhance efforts to increase applications and admittance of Evanston high school students to Northwestern, including by establishing a fund of at least $2,000,000 per year to award financial aid to such students. 6. Contribute at least $250,000 annually towards the revitalization of downtown Evanston, including programs such as the “clean team,” with the goal of continuing to make the downtown business district attractive for Northwestern students and Evanston community members alike. 7. Develop a local hiring and contracting program for design and construction jobs that encourages the hiring of minority and women-owned business enterprises (“M/WBE”), with priority given to Evanston-based businesses, which program shall reasonably target at least thirty-five percent 35% M/WBE participation in the design and construction of Ryan Field. In connection with its commitment to achieve 35% M/WBE participation, Northwestern shall implement or cause to be implemented initiatives for maximizing participation in the design and construction of Ryan Field, including: developing and maintaining a project website where contractors and vendors can access all project documents and sign up to receive notifications; collaborating with local, small and minority business organizations to identify firms that may be interested in participating in the project, including, by way of example only, Rebuilding Exchange, Hire360, HACIA and the Evanston Chamber of Commerce; hosting pre-construction job fairs; encouraging partnerships between M/WBEs and other vendors; and participating in workforce development initiatives. Northwestern shall publicize its progress towards the commitments above by providing transparent outline of efforts and reports at each major stage of the project. 8. In partnership with the Kellogg School of Management, provide marketing and advertising support during the period of construction to help local businesses (including through the Central Street Business Association) maximize the positive impact of the new stadium. Engage with the City and Page 52 of 86 SP2.Page 158 of 237 SCHEDULE 3 other business districts during the construction period to endeavor to develop a cohesive plan to leverage the additional visitors to Evanston driven by Concerts to benefit businesses across the City. Such plan may include elements such as ticket packages, meal discounts, marketing, and parking/transportation coordination. 9. Partner with the City to assist with fundraising efforts for the Guaranteed Basic Income Program. 10. Coordinate with the City to establish an internship program at the City for Northwestern students. For a period of ten (10) years commencing in 2027: 1. Implement a Concert ticket surcharge in the targeted amount of $3 per ticket and remit the proceeds between the two Evanston public school districts, and Northwestern will guarantee such proceeds of at least $500,000 in the aggregate annually. 2. Guarantee at least $2,000,000 in tax revenue from all events held at Ryan Field. Annually, provide the City with the difference between (a) $2,000,000 and (b) the amount of taxes collected annually by the City from all events held at Ryan Field. In connection with the foregoing, the City shall provide Northwestern with the amount of collected taxes the previous year by January 31 and Northwestern shall pay the difference, if any, due within 60 days. Such $2,000,000 tax guarantee would be subject to reduction to the extent Concerts or other events are negatively impacted (including reducing the number of Concerts or other events, making Concerts or other events more expensive or less bookable, attractive or attended, etc.) by conditions imposed by the Approval Ordinances or by action or omission of the City or third parties (including litigation, settlement, changes in ordinances, laws, rules, regulations, imposed taxes, etc.). 3. Host and co-sponsor with the City an annual signature event in Evanston, contributing at least $250,000 per year to such programming. 4. Provide reasonable access for the public to the new open spaces from 7:00am to 9:00pm free of charge, subject to reasonable rules and regulations and closures for other purposes. 5. Use efforts to communicate with any Concert promoters to determine whether advance ticket pre- sale windows or other ticket arrangements might be made available exclusively for members of the Evanston community. 6. Coordinate community movie nights and seasonal festivals at dates and times informed by public input, free of entry charge. Page 53 of 86 SP2.Page 159 of 237 Name (first and last)Address of residence or property ownedPosition on Agenda Item (as applicable)If you are providing a written comment, please leave here: Mike Vasilko 2728 Reese Avenue Opposed It is unfair and probably unlawful for the LUC Chair and committee members to refuse to include the State Law NU Charter LAND USE evidence in their deliberations. Evidence was submitted in accordance with LUC rules. It is on the record that LUC violated their rules, procedures, and morals regarding this issue. Page 54 of 86SP2.Page 160 of 237 10/30/2023 108-O-23 AN ORDINANCE Granting a Special Use for a Planned Development to Demolish the Existing Ryan Field and Ancillary Maintenance Building and Construct A New Stadium in the U2 University Athletics Facilities 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 legislation and to promulgate rules and regulations that protect the pub lic health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulation s 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 2012, as amended (“the Zoning Ordinance”); and Page 55 of 86 SP2.Page 161 of 237 108-O-23 ~2~ WHEREAS, Northwestern University, (“Applicant”) has petitioned the City Council of the City of Evanston for approval of a Planned Development to demolish the existing Ryan Field and ancillary maintenance building and construct a new one hundred sixteen foot (116’) tall stadium with a 35,000 spectator capac ity in the U2 University Athletics Facilities District, located at 1501 Central Street, legally described herein (“Subject Property”), attached hereto and incorporated herein by reference as Exhibit “A”; and WHEREAS, Applicant has petitioned the City Council of the City of Evanston, for approval of the following (collectively, the “Zoning Approval”): A. A Special Use Permit for a Planned Development on the Subject Property per Section 6-3-6 of the Zoning Ordinance. B. The following Site Development Allowances as permitted by Section 6-3-6 of the Zoning Ordinance: 1. 1,408 total parking spaces (515 on-site, 893 in parking lot within 1,000 feet) where 4,364 are required for the principal uses on the zoning lot 2. A landscape strip of less than 35 feet (specifically, 16 feet, 3 inches at closest point at the north-south and east-west property lines at the northeast corner of the lot) where 35 feet is required when abutting a residential district, and 3. Open parking area with a 6 feet, 10 inch interior side yard setback where 15 feet is required all to allow the construction and operation of a 116 -foot tall stadium with a 35,000 spectator capacity on the Subject Property in the U2 University Athletics Facilities District; and WHEREAS, following due and proper publication of notice in the Pioneer Page 56 of 86 SP2.Page 162 of 237 108-O-23 ~3~ North not less than fifteen (15) nor more than thirty (30) days prior thereto, and following proper written notice to property owners, and following the placement of signs on the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use Commission (“LUC”) conducted public hearings on September 6, 2023, September 27, 2023, and October 11, 2023 regarding case no. 23PLND-0035 to consider the requested Zoning Approval at which the Applicant presented evidence, testimony, and exhibits in support of the Zoning Approval, and at which interested parties were provided the opportunity to provide public comment; and WHEREAS, after having considered the evidence presented, the LUC made the following findings regarding standards for a special use pursuant to Section 6 - 3-5-10: 1. Is one of the listed special uses for the zoning district in which the property lies: The stadium is a permitted use in the U2 District, so the standard is met. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning ordinance as amended from time to time: The Comprehensive General Plan and the Zoning Ordinance support the growth and evolution of the University while recognizing its place in a residential environment. The proposed stadium aligns with these plans and regulations and aims to minimize adverse effects such as traffic congestion, so the standard is met. 3. 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: The rebuilding of the stadium offers an opportunity to address existing issues related to traffic management, sound mitigation, and accessibility. The reduced capacity of the stadium will likely have a positive impact on the neighborhood and so the standard is met. 4. Does not interfere with or diminish the value of property in the neighborhood: The construction of a smaller, more efficient stadium for football is expected to Page 57 of 86 SP2.Page 163 of 237 108-O-23 ~4~ enhance the overall neighborhood and potentially increase property values therefore the standard is met. 5. Is adequately served by public facilities and services: The development of a state-of-the-art stadium will increase the demand on public facilities and services, necessitating coordination between the University, the City, and MWRD for water detention and management. The expectation is that the University is willing to invest in necessary improvements to enhance their facility's functionality, thereby meeting this standard. 6. Does not cause undue traffic congestion: The construction of the stadium will impact traffic in the area, but there is an opportunity to create a more effective traffic management plan and so the standard is met. 7. Preserves significant historical and architectural resources: The present stadium, although designed by a prominent architect, is not historically significant. The University is in discussions with the Potawatomi Tribe to address their concerns regarding the protection of artifacts which will be noted as a condition in the decision, so the standard is met. 8. Preserves significant natural and environmental resources: The proposal includes a better use of the environment by utilizing outdoor spaces for various events in the future. The plan addresses stormwater management and aligns with sustainability standards, including LEED Gold certification, the Green Building Ordinance, as well as Bird Friendly Evanston meeting the standard. 9. 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: Replacing a 100-year-old stadium with a more efficient, accessible, and code - compliant facility meets the standard. WHEREAS, after having considered the evidence presented, the LUC made the following findings regarding standards for Special Use for Planned Developments pursuant to Section 6-3-6-9: 1. The requested Site Development Allowance(s) will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties that is beyond a reasonable expectation given the scope of the applicable Site Development Allowance(s) of the Planned Development location: The request Page 58 of 86 SP2.Page 164 of 237 108-O-23 ~5~ for the stadium site allowances aligns with the existing conditions on the si te, including setbacks and parking so the standard is met. 2. The proposed development is compatible with the overall character of existing development in the immediate vicinity of the subject property: The proposed stadium design aligns with modern standards and improvements that are necessary for a 21st-century collegiate stadium thus meeting the standard. 3. The development site circulation is designed to in a safe and logical manner to mitigate potential hazards for pedestrians and vehicles at the site and in the immediate surrounding area: The development site circulation is well-planned to ensure the safety of pedestrians and vehicles in the area and builds upon a century of experience operating football games on the site, so the standard is met. 4. The proposed development aligns with the current and future climate and sustainability goals of the City: The proposed stadium design incorporates various codes, ordinances, and guidelines, incorporating bird-friendly building design, and using eco-friendly materials so the standard is met. 5. Public benefits that are appropriate to the surrounding neighborhood and the City as a whole will be derived from the approval of the requested Site Development Allowance(s): Several public benefits have been d iscussed, including local hiring initiatives for minority and women-owned businesses, marketing and advertising support for Central Street, an all-electric Net Zero Ryan Field, additional Divvy bike stations, environmental considerations such as storm sewer replacement and others so the standard is met. WHEREAS, at its meetings on October 30, 2023 and November 13, 2023, held in compliance with the Illinois Open Meetings Act, the City Council considered the aforementioned findings of fact, as amended and outlined herein, and finds it appropriate to grant the Zoning Approval as recommended by the Land Use Commission; 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 Page 59 of 86 SP2.Page 165 of 237 108-O-23 ~6~ 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: SECTION 1: The City Council has considered the findings and recommendations of the LUC and the foregoing recitals are hereby found and adopted as fact with regard to the requested Zoning Approval. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Zoning Approval as applied for in zoning case no. 23PLND-0035, being as follows: A. A Special Use Permit for a Planned Development on the Subject Property per Section 6-3-6 of the Zoning Ordinance. B. The following Site Development Allowances as permitted by Section 6 -3-6 of the Zoning Ordinance: 1. 1,408 total parking spaces (515 on-site, 893 in parking lot within 1,000 feet) where 4,364 spaces are required for the principal uses on the zoning lot 2. A landscape strip of less than 35 feet (specifically, 16 feet, 3 inches at closest point at the north-south and east-west property lines at the northeast corner of the lot) where 35 feet is required when abutting a residential district, and 3. Open parking area with a 6 feet, 10 inch interior side yard setback where 15 feet is required all to allow the demolition of the current Ryan Field and ancillary maintenance building and construction and operation of a new one hundred sixteen (116) foot tall stadium with seating capacity of approximately 35,000 spectators. Page 60 of 86 SP2.Page 166 of 237 108-O-23 ~7~ SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned Zoning Approval granted hereby, being a Special Use Permit f or a Planned Development with Site Development Allowances as requested under zoning case no. 23PLND -0035, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Pe rmit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: 1. A Traffic Management Plan for all events with expected capacity of more than 5,000 attendees at the stadium shall be finalized prior to the completion of con- struction and shall be reviewed administratively on an annual basis and when changes to events are proposed. 2. A Memorandum of Understanding (MOU) between the City of Evanston and Northwestern University shall be approved that includes but is not limited to the fo l- lowing: ● Use and reimbursement of City services for events. ● Coordination meetings for events. ● Security Plan ● Sustainability Plan ● Traffic Management Plan ● Alcohol Controls ● Public Benefits ● Community Input 3. Implementation of mitigation measures at the University’s expense sug- gested within the Environmental Assessment Review and subsequent Peer Review, i n- cluding but not limited to: ● Maintain use of best practice design elements proposed for the stad i- um including, utilization of a distributed house sound system within the seating bowl that limits noise levels to 70 DBH at the property line for all athletic events, use of enclosures and walls that help reduce sound emis- sions to the surrounding community. Page 61 of 86 SP2.Page 167 of 237 108-O-23 ~8~ ● Add vertical barriers around the concourse areas or other openings in the stadium. Barriers can be permanent or retractable. Utilization of sound-absorbing materials on the exterior of stadium structures where ap- propriate and effective shall also be incorporated into the building design. ● Implement the Best Management Practices (BMP) listed in the Trans- portation Management Plan (TMP) to reduce traffic generated noise.  Incorporate sound dampening materials into design of mechanical equipment enclosure. 4. Implementation of mitigation measures at the Applicant’s cost suggested within the Traffic Impact Study and subsequent Peer Review, including but not limited to: ● Implement specific roadway improvements where necessary, feasible and practical, including: ● Identify and design mitigation measures to enhance pedestrian saf e- ty. ● Enhance connections and linkages to transit. ● Include on-site transit information kiosks. ● Provide off-site parking for employees. ● Ensure ongoing compliance with the City of Evanston Multi-Modal Transportation Plan. 5. Use of the plaza shall comply with all City Codes relating to noise. 6. Truck traffic and deliveries used for events to load and unload equipment shall be limited to the below grade area. 7. That the development complies with Chapter 4-13, Floodplain Regula- tions, of the Evanston City Code and the Watershed Management Ordinance of the Metropolitan Water Reclamation District, prior to the issuance of any building permits; 8. That the development complies with the City’s bird-friendly design re- quirements per Ordinance 83-O-22 and Green Building Ordinance 82-O-22 prior to the issuance of any building permits; 9. That the development complies with the City’s electric vehicle parking r e- quirements per §4-2-2, Table 406.2.7.2 of the City Code prior to the issuance of any building permits. Page 62 of 86 SP2.Page 168 of 237 108-O-23 ~9~ 10. That the Applicant repair any damage done to public right -of-ways as a result of construction on site. 11. That the Applicant sign and agrees to a Construction Management Plan (CMP) with the City of Evanston prior to the issuance of any building or demolition pe r- mits. The CMP must include but is not limited to the following: water and sewer utility connections, construction staging plan, off-site and on-site construction parking re- strictions, construction truck routes, hours of operation, a plan including cross -sections showing pedestrian access around the site with the use of curb ramps, signage and/or striping, if necessary, foundation survey of surrounding structures including weekly re- porting of seismographs for the duration of demolition and construction, submittal of en- vironmental testing report prior to construction, visibility diagram for all construction site access points, a proposed schedule for street opening f or utility connections with cross- section details, traffic management plan that addresses events being held in the U2 Di s- trict during construction, and a communications plan including but not limited to project updates via monthly newsletter and project website. 12. That the Applicant must record the approving ordinance with the Cook Cou n- ty Clerk’s Office. 13. A Ryan Field Sustainability Plan that includes both “Construction” and “Operations” with either an all-electric net zero building or a pathway to n et zero green- house gas emissions by 2040 where feasible: a. “Construction” 1. Provide plan for deconstruction (not demolition) of the existing structure. 2. Provide plan for onsite materials reuse 3. Use low-carbon steel and low-carbon concrete 4. Calculate embodied carbon 5. Conduct feasibility study of greywater digester for food prep waste in concession areas 6. Collaborate with ComEd on full building electrification, EV charging, and available incentives. 7. Conduct new feasibility study of solar PV or solar parking canopies b. “Operations” 1. Plan a path towards net zero greenhouse gas emissions that pri- marily addresses emissions from the building’s energy usage by 2040 2. Include food waste diversion services within the Stadium Complex. 3. Include reusable food and beverage wares and the needed infra- structure. 4. Provide litter management plans for parking lot and neighboring ar- eas 5. Install hand dryers in restrooms Page 63 of 86 SP2.Page 169 of 237 108-O-23 ~10~ 6. Utilize all electric shuttle buses for the transportation management plans for events. 14. The Applicant consults with Native American Tribal representatives and the State Historic Preservation Office relating to archaeological oversight before and during excavation and construction to ensure that Native American ancestral burials and archaeologically sensitive sites are treated in an appropriate manner. 15. The Applicant continues to engage with and address concerns from the community with respect to the adequacy of on-site and off-site parking, pursuant to the Memorandum of Understanding. 16. The Applicant provides funding for the City to initiate an independent peer review of the stormwater management system and the geotechnical aspects of the pr o- ject. 17. The Applicant shall develop and operate the Planned Development a u- thorized by the terms of this ordinance in substantial compliance with the following: the terms of this ordinance; the Development Plan in Exhibit B, attached hereto and inco r- porated herein by reference; all applicable City Code requirements; the Applicant's te s- timony and representations and documents to the Land Use Commission and the City Council. 18. The Applicant will provide the following public benefits: For a period of ten (10) years commencing in 2024: a) Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of interest as mutually agreed to by the City and Northwestern . b) An annual investment of $500,000 (as supported by a $10 million gift from the Ryan family to Northwestern) in Evanston local workforce development pro- gramming and upskilling initiatives, which may include contributions to other or- ganizations, City programs or Northwestern programs that are committed to workforce development in Evanston. The City and Northwestern shall work to- gether to develop the local workforce development program. c) An annual investment of $500,000 in racial equity programming, which may include contributions to other organizations or City programs committed to racial equity. d) Contribute at least $1,000,000 per year in aggregate to Evanston nonprofit organizations, community groups, faith-based institutions and/or schools, which contributions shall be documented and provided to the City. e) Enhance efforts to increase applications and admittance of Evanston high school students to Northwestern, including by establishing a fund of at least $2,000,000 per year to award financial aid to such students. Page 64 of 86 SP2.Page 170 of 237 108-O-23 ~11~ f) Contribute at least $250,000 annually towards the revitalization of down- town Evanston, including programs such as the “clean team,” with the goal of continuing to make the downtown business district attractive for Northwestern students and Evanston community members alike. g) Develop a local hiring and contracting program for design and construction jobs that encourages the hiring of minority and women-owned business enter- prises (“M/WBE”), with priority given to Evanston-based businesses, which pro- gram shall reasonably target at least thirty-five percent 35% M/WBE participation in the design and construction of Ryan Field. In connection with its commitment to achieve 35% M/WBE participation, Northwestern shall implement or cause to be implemented initiatives for maximizing participation in the design and co n- struction of Ryan Field, including: developing and maintaining a project website where contractors and vendors can access all project documents and sign up to receive notifications; collaborating with local, small and minority business organ i- zations to identify firms that may be interested in participating in the project, i n- cluding, by way of example only, Rebuilding Exchange, Hire360, HACIA and the Evanston Chamber of Commerce; hosting pre-construction job fairs; encouraging partnerships between M/WBEs and other vendors; and participating in workforce development initiatives. Northwestern shall publicize its progress towards the commitments above by providing transparent outline of efforts and reports at each major stage of the project. h) In partnership with the Kellogg School of Management, provide marketing and advertising support during the period of construction to help local businesses (including through the Central Street Business Association) maximize the positive impact of the new stadium. Engage with the City and other business districts during the construction period to endeavor to develop a cohesive plan t o lever- age the additional visitors to Evanston driven by Concerts to benefit businesses across the City. Such plan may include elements such as ticket packages, meal discounts, marketing, and parking/transportation coordination. i) Partner with the City to assist with fundraising efforts for the Guaranteed Basic Income Program. j) Coordinate with the City to establish an internship program at the City for Northwestern students. For a period of ten (10) years commencing in 2027: a) Implement a Concert ticket surcharge in the targeted amount of $3 per ticket and remit the proceeds between the two Evanston public school districts, and Northwestern will guarantee such proceeds of at least $500,000 in the a g- gregate annually. b) Guarantee at least $2,000,000 in tax revenue, from taxes collected directly from all events held at Ryan Field. Annually, provide the City with the difference between (a) $2,000,000 and (b) the amount of taxes collected annually by the City from all events held at Ryan Field. In connection with the foregoing, the City Page 65 of 86 SP2.Page 171 of 237 108-O-23 ~12~ shall provide Northwestern with the amount of collected taxes the previous year by January 31 and Northwestern shall pay the difference, if any, due within 60 days. c) Host and co-sponsor with the City an annual signature event in Evanston, contributing at least $250,000 per year to such programming. The City shall de- termine the details for the signature event. d) Provide reasonable access for the public to the new open spaces from 7:00am to 9:00pm free of charge, subject to reasonable rules and regulations and closures for other purposes. e) Use efforts to communicate with any Concert promoters to determine whether advance ticket pre-sale windows or other ticket arrangements might be made available exclusively for members of the Evanston c ommunity. f) Coordinate community movie nights and seasonal festivals at dates and times informed by public input, free of entry charge. 19. The Applicant shall follow the general conditions, site controls and stand- ards as enumerated in Section 6-18-1-9 of the Evanston City Code. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigned, and successors in interest.” SECTION 5: The City Council may, for good cause shown, waive or modify any conditions set forth in this Ordinance without requiring that the matter return for public hearing. SECTION 6: The Building Official is hereby authorized and directed to issue building permits for the Subject Property, consistent with the approvals granted herein, provided that all conditions set forth hereinabove have been met and that the requested construction complies with all other applicable laws and ordinances. This grant of the approvals shall expire and become null and void twenty -four (24) months from the date of passage of this Ordinance per Section 6 -3-6-4(D) unless a building permit to begin construction per this Ordinance is applied for within said twenty-four (24) Page 66 of 86 SP2.Page 172 of 237 108-O-23 ~13~ month time period and construction is continuously and vigorously pursued provided, however, the City Council, by motion, may extend the period during which permit application, construction, and completion shall take place. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: 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 10: 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: _________________, 2022 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B. Ruggie, Interim Corporation Counsel Page 67 of 86 SP2.Page 173 of 237 108-O-23 ~14~ EXHIBIT A LEGAL DESCRIPTION Page 68 of 86 SP2.Page 174 of 237 108-O-23 ~15~ EXHIBIT B Page 69 of 86 SP2.Page 175 of 237 10/30/2023 108-O-23 AN ORDINANCE Granting a Special Use for a Planned Development to Demolish the Existing Ryan Field and Ancillary Maintenance Building and Construct A New Stadium in the U2 University Athletics Facilities 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 legislation and to promulgate rules and regulations that protect the pub lic health, safety, and welfare of its residents; and WHEREAS, Article VII, Section 6(a) of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule unit be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulation s 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 2012, as amended (“the Zoning Ordinance”); and Page 70 of 86 SP2.Page 176 of 237 108-O-23 ~2~ WHEREAS, Northwestern University, (“Applicant”) has petitioned the City Council of the City of Evanston for approval of a Planned Development to demolish the existing Ryan Field and ancillary maintenance building and construct a new one hundred sixteen foot (116’) tall stadium with a 35,000 spectator capac ity in the U2 University Athletics Facilities District, located at 1501 Central Street, legally described herein (“Subject Property”), attached hereto and incorporated herein by reference as Exhibit “A”; and WHEREAS, Applicant has petitioned the City Council of the City of Evanston, for approval of the following (collectively, the “Zoning Approval”): A. A Special Use Permit for a Planned Development on the Subject Property per Section 6-3-6 of the Zoning Ordinance. B. The following Site Development Allowances as permitted by Section 6-3-6 of the Zoning Ordinance: 1. 1,408 total parking spaces (515 on-site, 893 in parking lot within 1,000 feet) where 4,364 are required for the principal uses on the zoning lot 2. A landscape strip of less than 35 feet (specifically, 16 feet, 3 inches at closest point at the north-south and east-west property lines at the northeast corner of the lot) where 35 feet is required when abutting a residential district, and 3. Open parking area with a 6 feet, 10 inch interior side yard setback where 15 feet is required all to allow the construction and operation of a 116 -foot tall stadium with a 35,000 spectator capacity on the Subject Property in the U2 University Athletics Facilities District; and WHEREAS, following due and proper publication of notice in the Pioneer Page 71 of 86 SP2.Page 177 of 237 108-O-23 ~3~ North not less than fifteen (15) nor more than thirty (30) days prior thereto, and following proper written notice to property owners, and following the placement of signs on the Subject Property not less than ten (10) days prior thereto, the Evanston Land Use Commission (“LUC”) conducted public hearings on September 6, 2023, September 27, 2023, and October 11, 2023 regarding case no. 23PLND-0035 to consider the requested Zoning Approval at which the Applicant presented evidence, testimony, and exhibits in support of the Zoning Approval, and at which interested parties were provided the opportunity to provide public comment; and WHEREAS, after having considered the evidence presented, the LUC made the following findings regarding standards for a special use pursuant to Section 6 - 3-5-10: 1. Is one of the listed special uses for the zoning district in which the property lies: The stadium is a permitted use in the U2 District, so the standard is met. 2. Complies with the purposes and the policies of the Comprehensive General Plan and the Zoning ordinance as amended from time to time: The Comprehensive General Plan and the Zoning Ordinance support the growth and evolution of the University while recognizing its place in a residential environment. The proposed stadium aligns with these plans and regulations and aims to minimize adverse effects such as traffic congestion, so the standard is met. 3. 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: The rebuilding of the stadium offers an opportunity to address existing issues related to traffic management, sound mitigation, and accessibility. The reduced capacity of the stadium will likely have a positive impact on the neighborhood and so the standard is met. 4. Does not interfere with or diminish the value of property in the neighborhood: The construction of a smaller, more efficient stadium for football is expected to Page 72 of 86 SP2.Page 178 of 237 108-O-23 ~4~ enhance the overall neighborhood and potentially increase property values therefore the standard is met. 5. Is adequately served by public facilities and services: The development of a state-of-the-art stadium will increase the demand on public facilities and services, necessitating coordination between the University, the City, and MWRD for water detention and management. The expectation is that the University is willing to invest in necessary improvements to enhance their facility's functionality, thereby meeting this standard. 6. Does not cause undue traffic congestion: The construction of the stadium will impact traffic in the area, but there is an opportunity to create a more effective traffic management plan and so the standard is met. 7. Preserves significant historical and architectural resources: The present stadium, although designed by a prominent architect, is not historically significant. The University is in discussions with the Potawatomi Tribe to address their concerns regarding the protection of artifacts which will be noted as a condition in the decision, so the standard is met. 8. Preserves significant natural and environmental resources: The proposal includes a better use of the environment by utilizing outdoor spaces for various events in the future. The plan addresses stormwater management and aligns with sustainability standards, including LEED Gold certification, the Green Building Ordinance, as well as Bird Friendly Evanston meeting the standard. 9. 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: Replacing a 100-year-old stadium with a more efficient, accessible, and code - compliant facility meets the standard. WHEREAS, after having considered the evidence presented, the LUC made the following findings regarding standards for Special Use for Planned Developments pursuant to Section 6-3-6-9: 1. The requested Site Development Allowance(s) will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties that is beyond a reasonable expectation given the scope of the applicable Site Development Allowance(s) of the Planned Development location: The request Page 73 of 86 SP2.Page 179 of 237 108-O-23 ~5~ for the stadium site allowances aligns with the existing conditions on the si te, including setbacks and parking so the standard is met. 2. The proposed development is compatible with the overall character of existing development in the immediate vicinity of the subject property: The proposed stadium design aligns with modern standards and improvements that are necessary for a 21st-century collegiate stadium thus meeting the standard. 3. The development site circulation is designed to in a safe and logical manner to mitigate potential hazards for pedestrians and vehicles at the site and in the immediate surrounding area: The development site circulation is well-planned to ensure the safety of pedestrians and vehicles in the area and builds upon a century of experience operating football games on the site, so the standard is met. 4. The proposed development aligns with the current and future climate and sustainability goals of the City: The proposed stadium design incorporates various codes, ordinances, and guidelines, incorporating bird-friendly building design, and using eco-friendly materials so the standard is met. 5. Public benefits that are appropriate to the surrounding neighborhood and the City as a whole will be derived from the approval of the requested Site Development Allowance(s): Several public benefits have been d iscussed, including local hiring initiatives for minority and women-owned businesses, marketing and advertising support for Central Street, an all-electric Net Zero Ryan Field, additional Divvy bike stations, environmental considerations such as storm sewer replacement and others so the standard is met. WHEREAS, at its meetings on October 30, 2023 and November 13, 2023, held in compliance with the Illinois Open Meetings Act, the City Council considered the aforementioned findings of fact, as amended and outlined herein, and finds it appropriate to grant the Zoning Approval as recommended by the Land Use Commission; 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 Page 74 of 86 SP2.Page 180 of 237 108-O-23 ~6~ 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: SECTION 1: The City Council has considered the findings and recommendations of the LUC and the foregoing recitals are hereby found and adopted as fact with regard to the requested Zoning Approval. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Zoning Approval as applied for in zoning case no. 23PLND-0035, being as follows: A. A Special Use Permit for a Planned Development on the Subject Property per Section 6-3-6 of the Zoning Ordinance. B. The following Site Development Allowances as permitted by Section 6 -3-6 of the Zoning Ordinance: 1. 1,408 total parking spaces (515 on-site, 893 in parking lot within 1,000 feet) where 4,364 spaces are required for the principal uses on the zoning lot 2. A landscape strip of less than 35 feet (specifically, 16 feet, 3 inches at closest point at the north-south and east-west property lines at the northeast corner of the lot) where 35 feet is required when abutting a residential district, and 3. Open parking area with a 6 feet, 10 inch interior side yard setback where 15 feet is required all to allow the demolition of the current Ryan Field and ancillary maintenance building and construction and operation of a new one hundred sixteen (116) foot tall stadium with seating capacity of approximately 35,000 spectators. Page 75 of 86 SP2.Page 181 of 237 108-O-23 ~7~ SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the aforementioned Zoning Approval granted hereby, being a Special Use Permit f or a Planned Development with Site Development Allowances as requested under zoning case no. 23PLND -0035, which may be amended by future ordinance(s), and violation of any of which shall constitute grounds for penalties or revocation of said Special Use Pe rmit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: 1. A Traffic Management Plan for all events with expected capacity of more than 5,000 attendees at the stadium shall be finalized prior to the completion of con- struction and shall be reviewed administratively on an annual basis and when changes to events are proposed. 2. A Memorandum of Understanding (MOU) between the City of Evanston and Northwestern University shall be approved that includes but is not limited to the fo l- lowing: ● Use and reimbursement of City services for events. ● Coordination meetings for events. ● Security Plan ● Sustainability Plan ● Traffic Management Plan ● Alcohol Controls ● Public Benefits ● Community Input 3. Implementation of mitigation measures at the University’s expense sug- gested within the Environmental Assessment Review and subsequent Peer Review, i n- cluding but not limited to: ● Maintain use of best practice design elements proposed for the stad i- um including, utilization of a distributed house sound system within the seating bowl that limits noise levels to 70 DBH at the property line for all athletic events, use of enclosures and walls that help reduce sound emis- sions to the surrounding community. Page 76 of 86 SP2.Page 182 of 237 108-O-23 ~8~ ● Add vertical barriers around the concourse areas or other openings in the stadium. Barriers can be permanent or retractable. Utilization of sound-absorbing materials on the exterior of stadium structures where ap- propriate and effective shall also be incorporated into the building design. ● Implement the Best Management Practices (BMP) listed in the Trans- portation Management Plan (TMP) to reduce traffic generated noise.  Incorporate sound dampening materials into design of mechanical equipment enclosure. 4. Implementation of mitigation measures at the Applicant’s cost suggested within the Traffic Impact Study and subsequent Peer Review, including but not limited to: ● Implement specific roadway improvements where necessary, feasible and practical, including: ● Identify and design mitigation measures to enhance pedestrian saf e- ty. ● Enhance connections and linkages to transit. ● Include on-site transit information kiosks. ● Provide off-site parking for employees. ● Ensure ongoing compliance with the City of Evanston Multi-Modal Transportation Plan. 5. Use of the plaza shall comply with all City Codes relating to noise. 6. Truck traffic and deliveries used for events to load and unload equipment shall be limited to the below grade area. 7. That the development complies with Chapter 4-13, Floodplain Regula- tions, of the Evanston City Code and the Watershed Management Ordinance of the Metropolitan Water Reclamation District, prior to the issuance of any building permits; 8. That the development complies with the City’s bird-friendly design re- quirements per Ordinance 83-O-22 and Green Building Ordinance 82-O-22 prior to the issuance of any building permits; 9. That the development complies with the City’s electric vehicle parking r e- quirements per §4-2-2, Table 406.2.7.2 of the City Code prior to the issuance of any building permits. Page 77 of 86 SP2.Page 183 of 237 108-O-23 ~9~ 10. That the Applicant repair any damage done to public right -of-ways as a result of construction on site. 11. That the Applicant sign and agrees to a Construction Management Plan (CMP) with the City of Evanston prior to the issuance of any building or demolition pe r- mits. The CMP must include but is not limited to the following: water and sewer utility connections, construction staging plan, off-site and on-site construction parking re- strictions, construction truck routes, hours of operation, a plan including cross -sections showing pedestrian access around the site with the use of curb ramps, signage and/or striping, if necessary, foundation survey of surrounding structures including weekly re- porting of seismographs for the duration of demolition and construction, submittal of en- vironmental testing report prior to construction, visibility diagram for all construction site access points, a proposed schedule for street opening f or utility connections with cross- section details, traffic management plan that addresses events being held in the U2 Di s- trict during construction, and a communications plan including but not limited to project updates via monthly newsletter and project website. 12. That the Applicant must record the approving ordinance with the Cook Cou n- ty Clerk’s Office. 13. A Ryan Field Sustainability Plan that includes both “Construction” and “Operations” with either an all-electric net zero building or a pathway to n et zero green- house gas emissions by 2040 where feasible: a. “Construction” 1. Provide plan for deconstruction (not demolition) of the existing structure. 2. Provide plan for onsite materials reuse 3. Use low-carbon steel and low-carbon concrete 4. Calculate embodied carbon 5. Conduct feasibility study of greywater digester for food prep waste in concession areas 6. Collaborate with ComEd on full building electrification, EV charging, and available incentives. 7. Conduct new feasibility study of solar PV or solar parking canopies b. “Operations” 1. Plan a path towards net zero greenhouse gas emissions that pri- marily addresses emissions from the building’s energy usage by 2040 2. Include food waste diversion services within the Stadium Complex. 3. Include reusable food and beverage wares and the needed infra- structure. 4. Provide litter management plans for parking lot and neighboring ar- eas 5. Install hand dryers in restrooms Page 78 of 86 SP2.Page 184 of 237 108-O-23 ~10~ 6. Utilize all electric shuttle buses for the transportation management plans for events. 14. The Applicant consults with Native American Tribal representatives and the State Historic Preservation Office relating to archaeological oversight before and during excavation and construction to ensure that Native American ancestral burials and archaeologically sensitive sites are treated in an appropriate manner. 15. The Applicant continues to engage with and address concerns from the community with respect to the adequacy of on-site and off-site parking, pursuant to the Memorandum of Understanding. 16. The Applicant provides funding for the City to initiate an independent peer review of the stormwater management system and the geotechnical aspects of the pr o- ject. 17. The Applicant shall develop and operate the Planned Development a u- thorized by the terms of this ordinance in substantial compliance with the following: the terms of this ordinance; the Development Plan in Exhibit B, attached hereto and inco r- porated herein by reference; all applicable City Code requirements; the Applicant's te s- timony and representations and documents to the Land Use Commission and the City Council. 18. The Applicant will provide the following public benefits: In accordance with Section 6-3-6-3 of the Evanston Zoning Ordinance, in order to provide benefits to the surrounding neighborhood and the City as a whole from the A p- proval Ordinances, to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, and to help provide more opportunities for additional future collaboration and partnership between the Northwest- ern and the Evanston community as a whole, and assuming the passage of the Approv- al Ordinances, Northwestern retains its original rights therein, a new Ryan Field is re- built, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date, Northwestern agrees to the following public benefits: For a period of fifteen (15) years commencing in 2024: a) Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of interest to the City and Northwestern, with final decision of such projects being that of the City with a minimum of $1,000,000 dollars annually will be placed into the City’s Affordable Housing Fund and a minimum of $500,000 will be p laced into the City’s Climate Action and Resiliency Fund. For the first ten (10) years, on each annual anniversary date of this Memorandum, the Good Neighbor Fund contribution will be adjusted by the change in the Consu m- er Price Index for the Chicago-Naperville-Elgin area published by the Bureau of La- bor Statistics of the U.S. Department of Labor for the twelve -month period ending with the month preceding such annual anniversary date, with such CPI adjustment Page 79 of 86 SP2.Page 185 of 237 108-O-23 ~11~ being capped at 3% for each twelve-month period. For years 11-15, the annual amount will be the same as year 10. b) An annual investment of $500,000 (as supported by a $10 million gift from the Ryan family to Northwestern) in Evanston local workforce development programming and upskilling initiatives, which may include contributions to other organizations, City programs or Northwestern programs that are committed to workforce development in Evanston. The City and Northwestern shall work together to develop the local wor k- force development program. c) An annual investment of $500,000 in racial equity programming, which may include contributions to other organizations or City programs committed to racial equity. d) Contribute at least $1,000,000 per year in aggregate to Evanston nonprofit organiz a- tions, community groups, faith-based institutions and/or schools, which contributions shall be documented and provided to the City. e) Enhance efforts to increase applications and admittance of Evanston high school students to Northwestern, including by establishing a fund of at least $2,000,000 per year to award financial aid to such students. f) Contribute at least $250,000 annually towards the revitalization of downtown Evan s- ton, including programs such as the “clean team,” with the goal of continuing to make the downtown business district attractive for Northwestern students and Ev- anston community members alike. g) Develop a local hiring and contracting program for design and construction jobs that encourages the hiring of minority and women-owned business enterprises (“M/WBE”), with priority given to Evanston-based businesses, which program shall reasonably target at least thirty-five percent 35% M/WBE participation in the design and construction of Ryan Field. In connection with its commitment to achieve 35% M/WBE participation, Northwestern shall implement or cause to be implemented ini- tiatives for maximizing participation in the design and construction of Ryan Field, i n- cluding: developing and maintaining a project website where contractors and ve n- dors can access all project documents and sign up to receive notifications; collab o- rating with local, small and minority business organizations to identify firms that may be interested in participating in the project, including, by way of example only, R e- building Exchange, Hire360, HACIA and the Evanston Chamber of Commerce; host- ing pre-construction job fairs; encouraging partnerships between M/WBEs and other vendors; and participating in workforce development initiatives. Northwestern shall publicize its progress towards the commitments above by providing transparent out- line of efforts and reports at each major stage of the project. h) In partnership with the Kellogg School of Management, provide marketing and a d- vertising support during the period of construction to help local businesses (including through the Central Street Business Association) maximize the positive impact of the new stadium. Engage with the City and other business districts during the constru c- tion period to endeavor to develop a cohesive plan to leverage the additiona l visitors to Evanston driven by Concerts to benefit businesses across the City. Such plan Page 80 of 86 SP2.Page 186 of 237 108-O-23 ~12~ may include elements such as ticket packages, meal discounts, marketing, and parking/transportation coordination. i) Partner with the City to assist with fundraising efforts for the Guaranteed Basic In- come Program. j) Coordinate with the City to establish an internship program at the City for Nort h- western students. k) Partner with the City to evaluate and explore joint development projects in a manner that can strategically address key issues and opportunities in the City. Where i m- pactful, make available and utilize the University’s research and policy expertise to inform decision-making on key issues. For a period of fifteen (15) years commencing in the year of completion of the newly rebuilt Ryan Field: a) Implement a Concert ticket surcharge in the targeted amount of $3 per ticket and coordinate with the City to remit the proceeds equitably between the two Evanston public school districts to be used for equitable purposes, and Northwestern will guarantee such proceeds of at least $500,000 in the aggregate annually. For the first ten (10) years, on each annual anniversary date of this Memorandum, such guaranteed proceeds from the Concert ticket surcharge will be adjusted by the change in the Consumer Price Index for the Chicago -Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve - month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve -month period. For years 11 -15, the annual amount will be the same as year 10. b) Guarantee at least $2,500,000 in tax revenue, from liquor and amusement taxes co l- lected directly from all events held at Ryan Field. A minimum of $1,000,000 annually of the tax revenue received by the City will be placed into the City’s Affordable Hou s- ing Fund. Annually, provide the City with the difference between (a) $2,500,000 and (b) the amount of taxes collected annually by the City from all events held at Ryan Field. In connection with the foregoing, the City shall provide Northwestern with the amount of collected taxes the previous year by January 31 and Northwestern shall pay the difference, if any, due within 60 days. Such $2,500,000 tax guarantee is reli- ant on the ability of Northwestern to rebuild Ryan Field and host Concerts at Ryan Field as provided for in the Approval Ordinances without unreasonable restraints i m- posed by the City beyond those contained in the Approval Ordinances, provided that the amusement and liquor tax rates in effect as of the Effective Date shall not be deemed unreasonable restraints. In the event that Northwestern demonstrates that such unreasonable restraints being imposed by the City adversely effec t Concerts beyond general market risk factors, then such public benefit will be reduced and/or eliminated accordingly at Northwestern’s discretion. Any disputes between the Pa r- ties related to such restraints and their impact on Concerts that remain unresol ved after good faith negotiations between the Parties shall then be subject to mediation. Page 81 of 86 SP2.Page 187 of 237 108-O-23 ~13~ For the first ten (10) years, on each annual anniversary date of this Memorandum, such guaranteed tax revenue from liquor and amusement taxes collected directly from all events held at Ryan Field will be adjusted by the change in the Consumer Price Index for the Chicago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve-month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve-month period. For years 11-15, the annual amount will be the same as year 10. c) Host and co-sponsor with the City an annual signature event in Evanston, contrib- uting at least $250,000 per year to such programming. The City shall determine the details for the signature event, which shall be coordinated with Northwestern. d) Provide reasonable access for the public to the new open spaces from 7:00am to 9:00pm free of charge, subject to reasonable rules and regulations and closures for other purposes. e) Use efforts to communicate with any Concert promoters to determine whether a d- vance ticket pre-sale windows or other ticket arrangements might be made available exclusively for members of the Evanston community. f) Coordinate community movie nights and seasonal festivals at dates and times in- formed by public input, free of entry charge. g) Coordinate with the City to facilitate the installation of a local, Evanston -focused mu- ral on the southeast façade of the rebuilt Ryan Field which may include Evanston - focused promotion, text and/or names. For the avoidance of doubt, none of the above eighteen (18) public benefits shall be binding, enforceable or paid unless the Approval Ordinances are passed, Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and the legal and regulatory environment is substantially similar as existed as of the Effective Date. Northwestern agrees it will not hold Concerts as authorized by Ordinance 107 -O-23 un- less Ryan Field is rebuilt. However, if the Approval Ordinances are passed but North- western decides not to rebuild a new Ryan Field, Northwestern agrees to the following single public benefit (which shall not be deemed a tax or payment in lieu thereof): For a period of ten (10) years commencing in 2024: 1. Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of interest to the City and Northwestern, with final decision of such projects being that of the City (which may include Affordable Housing). On each annual anniversary date of this Memorandum, the Good Neighbor Fund contribution will be adjusted by the change in the Consumer Price Index for the Ch i- cago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve -month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve-month period. Page 82 of 86 SP2.Page 188 of 237 108-O-23 ~14~ 19. The Applicant shall follow the general conditions, site controls and stand- ards as enumerated in Section 6-18-1-9 of the Evanston City Code. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigned, and successors in interest.” SECTION 5: The City Council may, for good cause shown, waive or modify any conditions set forth in this Ordinance without requiring that the matter return for public hearing. SECTION 6: The Building Official is hereby authorized and directed to issue building permits for the Subject Property, consistent with the approvals granted herein, provided that all conditions set forth hereinabove have been met and that the requested construction complies with all other applicable laws and ordinances. This grant of the approvals shall expire and become null and void twenty-four (24) months from the date of passage of this Ordinance per Section 6 -3-6-4(D) unless a building permit to begin construction per this Ordinance is applied for within said twenty-four (24) month time period and construction is continuously and vigorously pursued provided, however, the City Council, by motion, may extend the period during which permit application, construction, and completion shall take place. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Page 83 of 86 SP2.Page 189 of 237 108-O-23 ~15~ SECTION 9: 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 10: 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: _________________, 2022 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B. Ruggie, Interim Corporation Counsel Page 84 of 86 SP2.Page 190 of 237 108-O-23 ~16~ EXHIBIT A LEGAL DESCRIPTION Page 85 of 86 SP2.Page 191 of 237 108-O-23 ~17~ EXHIBIT B Development Plan Page 86 of 86 SP2.Page 192 of 237 Memorandum To: Honorable Mayor and Members of the City Council From:Alexandra Ruggie, Interim Corporation Counsel Subject:Resolution 87-R-23, Authorizing the City Manager to Sign the Memorandum of Understanding with Northwestern University Date: November 20, 2023 Recommended Action: Staff recommends approval of Resolution 87-R-23 authorizing the City Manager to execute a Memorandum of Understanding with Northwestern University. CARP: Implementation, Accountability, & Partnerships Council Action: For Action Summary: The Memorandum of Understanding ("MOU") with Northwestern University ("NU") is intended to give specifics as it pertains to the implementation of public-facing concerts and large events in the U2 district. The MOU offers additional details on the traffic management plan, security requirements, and event coordination between Northwestern and the City. Northwestern sent the City a proposed MOU on October 30, 2023. Since October 30, 2023, the City and Northwestern have discussed different provisions to be included within the MOU. The attached MOU includes the updated provisions as negotiated. The MOU requires NU to obtain and implement a security plan, a sustainability plan, a traffic management plan, and a concert operations plan at least six months prior to the first concert event. The MOU prohibits tailgating activities on event dates for concerts. The City of Evanston will be reimbursed by NU for all of the City's out-of-pocket costs, including, but not limited to, police special detail rates, fire department personnel, and parking enforcement personnel costs. The MOU creates a Community Advisory Council, which will meet to review the plans proposed by NU, receive updates on NU's M/WBE hiring during construction, and gather and SP3.Page 193 of 237 address information regarding the operation of the facilities in the U2 district. Additionally, the Community Advisory Council will make recommendations for further updates to the plans for events as they proceed to ensure they are adequately updated. The MOU provides for an indemnification clause for the City pertaining to NU's operations. The MOU further calls for NU to obtain special event insurance and name the City as an additional insured for all concert events. Legislative History: Resolution 87-R-23 was tabled to the Special City Council meeting on November 20, 2023, at the November 13, 2023, City Council meeting. Attachments: Resolution 87-R-23 Authorizing MOU with NU NU City of Evanston - MOU- version 12 NU City of Evanston - MOU- 11.16.23 - FINAL NU City of Evanston - MOU- 11.16.23 - track changes Page 2 of 45 SP3.Page 194 of 237 11/13/2023 87-R-23 A RESOLUTION Authorizing the City Manager to Execute a Memorandum of Understanding with Northwestern University WHEREAS, the City of Evanston’s Ordinance 107-O-23 authorizes six (6) public facing concerts and other events in the U2 Zoning District; and WHEREAS, Northwestern and the City have a long history of working together to enhance and support the Evanston community through various collaborative efforts; and WHEREAS, in furtherance of the Parties’ continued cooperation with respect to the entire Evanston community as a whole, the Parties desire to set forth (i) certain operational and logistical considerations with respect to Ryan Field following its redevelopment (the “Ryan Field”) for events ticketed for a minimum of ten thousand (10,000) individuals and (ii) certain public benefits; and WHEREAS, the successful operation of Ryan Field will in certain respects require separate considerations and requirements to apply during football games (“Football Games”), amplified musical performances inside the stadium intended as publicly facing capacity concerts (“Concerts”), and all other times; and WHEREAS, the City of Evanston finds it in the best interest of the City to execute a Memorandum of Understanding with Northwestern pertaining to the details of these events including traffic management, security requirements and event Page 3 of 45 SP3.Page 195 of 237 87-R-23 ~2~ coordination between the City and Northwestern; and WHEREAS, the City seeks to enter into a Memorandum of Understanding (“MOU”) with Northwestern in the form attached hereto as Exhibit A in order to facilitate the public facing events in the U2 Zoning District, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized to execute and negotiate additional terms to a Memorandum of Understanding with NU in the form attached hereto as Exhibit A. SECTION 3: That this Resolution 87-R-23 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2023 Approved as to form: _______________________________ Alexandra B. Ruggie, Interim Corporation Counsel Page 4 of 45 SP3.Page 196 of 237 87-R-23 ~3~ EXHIBIT A Memorandum of Understanding Page 5 of 45 SP3.Page 197 of 237 Northwestern Proposed Draft MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (this “Memorandum”) is effective as of [______________]1, 2023 (the “Effective Date”), by and between NORTHWESTERN UNIVERSITY, an Illinois corporation (“Northwestern”), and THE CITY OF EVANSTON, a municipal corporation (the “City”). Northwestern and the City are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. As used herein, the term “Northwestern” shall include its contractors, operators and/or affiliates, as applicable. RECITALS WHEREAS, Northwestern and the City have a long history of working together to enhance and support the Evanston community through various collaborative efforts. WHEREAS, in furtherance of the Parties’ continued cooperation with respect to the entire Evanston community as a whole, the Parties desire to set forth (i) certain operational and logistical considerations with respect to Ryan Field following its redevelopment (the “Ryan Field”) for events ticketed for a minimum of ten thousand (10,000) individuals and (ii) certain public benefits which rely on and are tied to such redevelopment and operations. Such public benefits are intended to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, rebuild a new Ryan Field which will further vitalize the community, and help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. WHEREAS, the City acknowledges that Northwestern is relying on the passage of the Approval Ordinances (as defined below) and its original rights therein in order to expend a very substantial amount of time, money and effort to irreversibly demolish its existing stadium and then build the new stadium. WHEREAS, the successful operation of Ryan Field will in certain respects require separate considerations and requirements to apply during football games (“Football Games”), amplified musical performances inside the stadium intended as publicly facing capacity concerts (“Concerts”), and all other times. NOW, THEREFORE, in consideration of: the mutual covenants set forth herein, the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, the legal and regulatory environment as of the Effective Date, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed; the Parties hereto, intending to be legally bound hereby, agree as follows: 1. Recitals. The foregoing recitals are acknowledged to be accurate and are incorporated herein by reference. 2. City Services. 1 Note to Draft: The Effective Date will be on or after the passage of the Approval Ordinances that are mutually agreeable to the City and Northwestern Page 6 of 45 SP3.Page 198 of 237 2 a. City Personnel. The City shall provide personnel, where practicable, in such quantities, at such locations, and during such hours as Northwestern may designate, upon oral or written notice delivered at least three (3) days prior to the date on which such personnel are requested to perform services (the “Event Date(s)”); provided, however, that the City, may, but shall not be obligated to provide any personnel unless Northwestern delivers written notice at least one (1) month prior to any Event Date and such notice describes: (i) the Event Date, (ii) an estimated number of personnel that the Northwestern might designate on the Event Date, and (iii) an estimated number of hours personnel may be requested to work. If the City is unable to provide the required minimum staffing, Northwestern will hire private security or private traffic management as reasonably approved by the City to ensure minimum staffing levels are maintained. b. Reimbursement. Northwestern shall reimburse the City for the City’s out-of-pocket costs and all special detail rates to Evanston Police Officers on Event Dates incurred in connection with providing personnel pursuant to Section 2.a. above necessary for the operation of Ryan Field according to the reimbursement schedule attached as Schedule 1 hereto, which may be modified from time to time by agreement between the Parties. 3. Tailgating Activities. Northwestern will not permit or facilitate tailgating activities on Event Dates for Concerts. 4. Security Plan. Northwestern shall deliver a reasonable security plan to the City six (6) months prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Security Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Security Plan must be reasonably approved by the Evanston City Manager or their designee. The Security Plan shall describe Northwestern’s intentions with respect to providing, supervising or otherwise coordinating security services in connection with the operation of Ryan Field, such as, by way of example only, the following: a. police and/or security staffing levels; b. use of magnetometers; c. bomb sweeps; and d. coordination with City Police, State of Illinois Police, and the Federal Bureau of Investigation. 5. Sustainability Plan. Northwestern shall deliver a reasonable sustainability plan to the City six (6) months prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Sustainability Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Sustainability Plan must be reasonably approved by the Evanston City Manager or their designee. The Sustainability Plan shall describe Northwestern’s intentions with respect to activities related to environmental sustainability in connection with the operation of Ryan Field, such as, by way of example only, the following topics: a. trash clean-up; b. recycling; c. composting; d. water management; and e. greenspace. Page 7 of 45 SP3.Page 199 of 237 3 6. Traffic Management Plan. Northwestern shall deliver a reasonable traffic management plan in substantially the form of Schedule 2 attached hereto to the City six (6) months prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Traffic Management Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Traffic Management Plan must be reasonably approved by the Evanston City manager or their designee. The Traffic Management Plan shall describe Northwestern’s intentions with respect to activities related to regulating, managing, controlling, or otherwise affecting traffic flows on Event Dates in connection with the operation of Ryan Field, such as, by way of example only, the following activities: a. providing or facilitating non-vehicular modes of transportation, including pedestrians and bicycles; b. providing or facilitating shuttles; c. facilitating off-site vehicular parking; d. enabling efficient access to or for transportation network providers and ride share; e. restricting street access; f. coordinating with the Chicago Transit Authority and Metra to enhance ridership; and g. supervising, limiting or otherwise regulating permit parking. 7. Concert Operations Plan. Northwestern shall deliver a reasonable concert operations plan to the City six (6) months prior to the first Concert Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Concert Operations Plan”), which Northwestern shall update and deliver to the City annually thereafter. The Concert Operations Plan must be reasonably approved by the Evanston City Manager or their designee. The Concert Operations Plan shall describe Northwestern’s intentions with respect to activities in connection with the operation of Concerts at Ryan Field, such as, by way of example only, the following topics: a. management of noise levels consistent with the Approval Ordinances and the approved Concert Operations Plan; b. sound check protocols; c. traffic and parking management; d. coordination with City personnel prior to and during Concerts; e. staging and underground or off-site storage for trucks and buses; f. fines for noncompliance; g. coordination with other largescale events occurring in Evanston; and h. set up and take down of Concert equipment. From Labor Day to Memorial Day, Northwestern agrees that evening concerts on Sunday through Thursday (assuming the next day is not a holiday) will not be permitted without prior approval from the City. 8. Advance Notice of Events. Northwestern shall use its best efforts to provide notice to the City and Evanston community of any full-capacity events to occur at Ryan Field or the associated plazas as soon as practical but in no event less than one month in advance of such events. 9. Public Benefits. Northwestern is committed, both through its own efforts and through the efforts of its contractors and vendors, to (i) furthering opportunities for a broad and diverse membership of the Evanston community to participate in and benefit from the design, construction, Page 8 of 45 SP3.Page 200 of 237 4 maintenance and operation of a newly rebuilt Ryan Field, (ii) fostering a broader relationship and strengthening a deeper connection between Northwestern and the entire Evanston community, (iii) rebuilding a new Ryan Field, and (iv) helping provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. All public benefits are outlined in Ordinance 108-O-23 provided; however, those public benefits are reliant on the ability of Northwestern to host Concerts at Ryan Field as provided for in the Approval Ordinances without unreasonable restraints imposed by the City beyond those contained in the Approval Ordinances. In light of the broader relationship between Northwestern and the entire Evanston community, and in the spirit of a renewed greater partnership between Northwestern and the City going forward, the Parties agree that they are committed to collaborating in good faith and reasonably working with one another with respect to all Northwestern/City matters beyond the new Ryan Field for years to come. 10. Community Advisory Council. Northwestern shall meet at least twice annually with the Community Advisory Council (as hereinafter defined), unless such meetings are reduced and/or such Community Advisory Council is terminated in writing by the City. The purpose of the Community Advisory Council shall be to review the Traffic Management Plan and Security Plan and their updates, as provided for above, receive updates on Northwestern’s M/WBE hiring during construction and to gather and disseminate information regarding the operation of Ryan Field from neighborhood residents to Northwestern and the City, and vice versa. As used herein, the “Community Advisory Council” means a council composed of three (3) members appointed by Northwestern staff and three (3) members appointed by City staff. Such members shall be appointed in accordance with such rules as Northwestern and the City may from time to time agree. 11. Alcohol Sales. Northwestern will (i) obtain all permits, licenses and approvals required for the sale of alcohol at Ryan Field and its Events prior to opening of the new stadium, and (ii) maintain all such permits, licenses and approvals for so long as Northwestern causes vendors to make alcohol available at Ryan Field and its Events. In connection therewith, Northwestern shall use commercially reasonable efforts to cause professional servers to utilize industry-standard practices for the service of alcohol, such as, by way of example only: a. reviewing customers’ identification for compliance with applicable age limits; b. limiting the number of alcoholic drinks that any individual may purchase; and c. stopping general admission alcohol service in accordance with best practices for Football Games and Concerts. The City acknowledges that Northwestern is relying on the approval of reasonable liquor license for events at Ryan Field in order to expend a very substantial amount of time, money and effort to irreversibly demolish its existing stadium and then build the new stadium, and as a condition to provide the public benefits referenced in Section 9. 12. Term. The term of this Memorandum shall be perpetual for so long as Northwestern is hosting Football Games and Concerts at Ryan Field pursuant to that certain Ordinance 108-O-23 Granting the Ryan Field Planned Development and that certain Ordinance 107-O-23 Amending the Zoning Ordinance Regulations for the U2 University Athletic Facilities District (in forms mutually agreeable to the City and Northwestern, collectively, the “Approval Ordinances”), Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. For the avoidance of doubt, to the extent any Page 9 of 45 SP3.Page 201 of 237 5 term, condition or provision is explicitly time limited herein, this Section 12 shall not override such explicit time limitation. 13. Notices. Any and all notices, elections or demands permitted or required to be made under this Memorandum shall be in writing, signed by the party giving such notice, election or demand, and shall be delivered personally, by receipted commercial courier service, or sent by registered or certified United States mail, postage prepaid, return receipt requested to the other party at the address set forth below, or at such other address as may have heretofore been designated in writing. The date of personal delivery or three (3) days after postmark of date of mailing, as the case may be, shall be the date such notice, election or demand is deemed delivered. If to the City: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attn: City Manager; Corporation Counsel; ________________; and ________________ If to Northwestern: Northwestern University 633 Clark Street Evanston, Illinois 60208 Attn: Vice President and Chief Operating Officer; Vice President and Chief Financial Officer; and Senior Executive Director of Neighborhood and Community Relations with copy to: Northwestern University Office of General Counsel 633 Clark Street Evanston, Illinois 60208 Attn: General Counsel 14. Not an Easement or Public Dedication; Authorizations. a. Notwithstanding anything herein to the contrary, and for the avoidance of doubt, nothing herein shall be deemed to: be an easement, lease or license to any individual, entity, municipality or the general public; confer any rights, title, interests or benefits upon or in favor of any individual, entity, municipality or the general public; be a gift or dedication of any portion of Ryan Field or its surrounding areas to any individual, entity, municipality or the general public; or a specific right to any individual, entity, municipality or the general public to use Ryan Field or its surrounding areas, other than the general rights of use in common with all other individuals and members of the general public as expressly contemplated by this Memorandum; it being the intention of the Parties that this Memorandum shall be strictly limited to and for the purposes herein expressed, and for no other use or purpose. The City shall not record this Memorandum or any summary thereof. 15. Miscellaneous. Page 10 of 45 SP3.Page 202 of 237 6 a. This Memorandum is a legally binding agreement between the Parties, and is legally enforceable upon each Party by the other Party. b. This Memorandum may only be amended, modified or supplemented in writing signed by each Party; The Parties shall enter into such amendments to this Memorandum as may be necessary to effectuate the continued operation of Ryan Field. c. If any provision of this Memorandum or any word or part thereof or any application thereof is determined to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect any other provision of this Memorandum, this Memorandum shall be construed as if such invalid, illegal or unenforceable part were never included herein, the remainder of this Memorandum shall be and remain valid and enforceable to the fullest extent permitted by law, and the Parties shall negotiate in good faith to modify this Memorandum so as to effect the original intent of the Parties as closely as possible. d. This Memorandum shall be exclusively governed by and construed in accordance with the laws of Illinois, excluding its choice or conflict of law principles. All disputes and claims relating to this Memorandum not resolved between the Parties shall be resolved exclusively by binding arbitration applying Illinois law and administered by an arbitrator mutually agreed upon by the Parties. The place of any such arbitration shall exclusively be Evanston, Illinois. e. Each Party hereby forever waives and releases any and all claims, demands, or causes of action it may have, known or unknown, against the other in any way related to this Memorandum. f. The Parties are and shall be independent contractors and this Memorandum shall not be construed to create any relationship of partnership, joint venture or other similar relationship. g. Neither Party shall be liable for any failure of or delay in the performance of this Memorandum for the period that such failure or delay is due to force majeure, including, but not limited to: war, terrorism, riots, fire, flood, tornado, earthquake, lightnin g, pandemic, other acts of God, explosion, strikes, labor disputes, acts of state or governmental action prohibiting or impeding any party from performing its respective obligations hereunder, or any other reason beyond the reasonable control of such Party. h. [Note to Draft: Reasonable insurance and indemnity provisions to be reasonably negotiated between Northwestern and City Staff.] i. This Memorandum constitutes the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements, written or oral, with respect thereto. j. This Memorandum shall equally apply to any successor or assign of any Party. No Party may assign or delegate its rights or obligations hereunder without the prior written consent of the other Party, except that Northwestern may assign or delegate any or all of this Memorandum or the rights or obligations hereunder to a wholly-owned subsidiary of Northwestern. k. This Memorandum does not confer any right, benefit or remedy upon any individual, entity or municipality that is not a Party hereto. l. No failure or delay in exercising any right or remedy shall be a waiver thereof. No waiver shall be effective unless in writing and signed by the party so waiving. Page 11 of 45 SP3.Page 203 of 237 7 m. This Memorandum may be executed in counterparts and delivered by electronic means (e.g., fax, email, docusign). [Signature pages follow] Page 12 of 45 SP3.Page 204 of 237 [SIGNATURE PAGE TO RYAN FIELD MEMORANDUM OF UNDERSTANDING] ACTIVE\201374735.7 IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Understanding as of the Effective Date. NORTHWESTERN UNIVERSITY By: ____________________________ Name: ____________________________ Its: ____________________________ THE CITY OF EVANSTON By: ____________________________ Name: ____________________________ Its: ____________________________ Page 13 of 45 SP3.Page 205 of 237 SCHEDULE 1 SCHEDULE 1 REIMBURSEMENTS [Note to Draft: To be determined between the City Staff and Northwestern] Page 14 of 45 SP3.Page 206 of 237 SCHEDULE 2 SCHEDULE 2 FORM OF TMP Attached. Page 15 of 45 SP3.Page 207 of 237 SCHEDULE 3 SCHEDULE 3 PUBLIC BENEFITS PACKAGE In accordance with Section 6-3-6-3 of the Evanston Zoning Ordinance, in order to provide benefits to the surrounding neighborhood and the City as a whole from the Approval Ordinances, to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, and to help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole, and assuming the passage of the Approval Ordinances, Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date, Northwestern agrees to the following public benefits: For a period of ten (10) years commencing in 2024: 1. Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of interest as mutually agreed to by the City and Northwestern. 2. An annual investment of $500,000 (as supported by a $10 million gift from the Ryan family to Northwestern) in Evanston local workforce development programming and upskilling initiatives, which may include contributions to other organizations, City programs or Northwestern programs that are committed to workforce development in Evanston. The City and Northwestern shall work together to develop the local workforce development program. 3. An annual investment of $500,000 in racial equity programming, which may include contributions to other organizations or City programs committed to racial equity. 4. Contribute at least $1,000,000 per year in aggregate to Evanston nonprofit organizations, community groups, faith-based institutions and/or schools, which contributions shall be documented and provided to the City. 5. Enhance efforts to increase applications and admittance of Evanston high school students to Northwestern, including by establishing a fund of at least $2,000,000 per year to award financial aid to such students. 6. Contribute at least $250,000 annually towards the revitalization of downtown Evanston, including programs such as the “clean team,” with the goal of continuing to make the downtown business district attractive for Northwestern students and Evanston community members alike. 7. Develop a local hiring and contracting program for design and construction jobs that encourages the hiring of minority and women-owned business enterprises (“M/WBE”), with priority given to Evanston-based businesses, which program shall reasonably target at least thirty-five percent 35% M/WBE participation in the design and construction of Ryan Field. In connection with its commitment to achieve 35% M/WBE participation, Northwestern shall implement or cause to be implemented initiatives for maximizing participation in the design and construction of Ryan Field, including: developing and maintaining a project website where contractors and vendors can access all project documents and sign up to receive notifications; collaborating with local, small and minority business organizations to identify firms that may be interested in participating in the project, including, by way of example only, Rebuilding Exchange, Hire360, HACIA and the Evanston Chamber of Commerce; hosting pre-construction job fairs; encouraging partnerships between M/WBEs and other vendors; and participating in workforce development initiatives. Northwestern shall publicize its progress towards the commitments above by providing transparent outline of efforts and reports at each major stage of the project. 8. In partnership with the Kellogg School of Management, provide marketing and advertising support during the period of construction to help local businesses (including through the Central Street Page 16 of 45 SP3.Page 208 of 237 SCHEDULE 3 Business Association) maximize the positive impact of the new stadium. Engage with the City and other business districts during the construction period to endeavor to develop a cohesive plan to leverage the additional visitors to Evanston driven by Concerts to benefit businesses across the City. Such plan may include elements such as ticket packages, meal discounts, marketing, and parking/transportation coordination. 9. Partner with the City to assist with fundraising efforts for the Guaranteed Basic Income Program. 10. Coordinate with the City to establish an internship program at the City for Northwestern students. For a period of ten (10) years commencing in 2027: 1. Implement a Concert ticket surcharge in the targeted amount of $3 per ticket and remit the proceeds between the two Evanston public school districts, and Northwestern will guarantee such proceeds of at least $500,000 in the aggregate annually. 2. Guarantee at least $2,000,000 in tax revenue, from taxes collected directly from all events held at Ryan Field. Annually, provide the City with the difference between (a) $2,000,000 and (b) the amount of taxes collected annually by the City from all events held at Ryan Field. In connection with the foregoing, the City shall provide Northwestern with the amount of collected taxes the previous year by January 31 and Northwestern shall pay the difference, if any, due within 60 days. Such $2,000,000 tax guarantee is reliant on the ability of Northwestern to host Concerts at Ryan Field as provided for in the Approval Ordinances without unreasonable restraints imposed by the City beyond those contained in the Approval Ordinances. 3. Host and co-sponsor with the City an annual signature event in Evanston, contributing at least $250,000 per year to such programming. The City shall determine the details for the signature event, which shall be coordinated with Northwestern. 4. Provide reasonable access for the public to the new open spaces from 7:00am to 9:00pm free of charge, subject to reasonable rules and regulations and closures for other purposes. 5. Use efforts to communicate with any Concert promoters to determine whether advance ticket pre- sale windows or other ticket arrangements might be made available exclusively for members of the Evanston community. 6. Coordinate community movie nights and seasonal festivals at dates and times informed by public input, free of entry charge. Page 17 of 45 SP3.Page 209 of 237 MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (this “Memorandum”) is effective as of [______________]1, 2023 (the “Effective Date”), by and between NORTHWESTERN UNIVERSITY, an Illinois corporation (“Northwestern”), and THE CITY OF EVANSTON, a municipal corporation (the “City”). Northwestern and the City are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. As used herein, the term “Northwestern” shall include its contractors, operators and/or affiliates, as applicable. RECITALS WHEREAS, Northwestern and the City have a long history of working together to enhance and support the Evanston community through various collaborative efforts. WHEREAS, in furtherance of the Parties’ continued cooperation with respect to the entire Evanston community as a whole, the Parties desire to set forth (i) certain operational and logistical considerations with respect to Ryan Field following its redevelopment (the “Ryan Field”) for events ticketed for a minimum of ten thousand (10,000) individuals and (ii) certain public benefits which rely on and are tied to such redevelopment and operations. Such public benefits are intended to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, rebuild a new Ryan Field which will further vitalize the community, and help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. WHEREAS, Northwestern is relying on the passage of the Approval Ordinances (as defined below) and its original rights therein in order to expend a very substantial amount of time, money and effort to irreversibly demolish its existing stadium and then build the new stadium. WHEREAS, the successful operation of Ryan Field will in certain respects require separate considerations and requirements to apply during football games (“Football Games”), amplified musical performances inside the stadium intended as publicly facing capacity concerts (“Concerts”), and all other times. WHEREAS, Northwestern agrees it will not hold Concerts as authorized by Ordinance 107-O- 23 unless Ryan Field is rebuilt. NOW, THEREFORE, in consideration of: the mutual covenants set forth herein, the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, the legal and regulatory environment as of the Effective Date, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed; the Parties hereto, intending to be legally bound hereby, agree as follows: 1. Recitals. The foregoing recitals are acknowledged to be accurate and are incorporated herein by reference. 2. City Services. 1 Note to Draft: The Effective Date will be on or after the passage of the Approval Ordinances that are mutually agreeable to the City and Northwestern Page 18 of 45 SP3.Page 210 of 237 2 a. City Personnel. Northwestern shall provide a calendar of known scheduled events by the first business day of each new year to the City where practicable. The City shall provide personnel, where practicable, in such quantities, at such locations, and during such hours as Northwestern may designate, upon oral or written notice delivered at least three (3) days prior to the date on which such personnel are requested to perform services (the “Event Date(s)”); provided, however, that the City, may, but shall not be obligated to provide any personnel unless Northwestern delivers written notice at least one (1) month prior to any Event Date and such notice describes: (i) the Event Date, (ii) an estimated number of personnel that the Northwestern might designate on the Event Date, and (iii) an estimated number of hours personnel may be requested to work. If the City is unable to provide the required minimum staffing, Northwestern will hire private security or private traffic management as approved by the City to ensure minimum staffing levels are maintained. Approval of the additional security will not be unreasonably withheld by the City. b. Reimbursement. Northwestern shall reimburse the City for the City’s out-of-pocket costs including, but not limited to, all special detail rates to Evanston Police Officers, Fire Department personnel and parking enforcement officers on Event Dates incurred in connection with providing personnel pursuant to Section 2.a. above necessary for the operation of Ryan Field according to the reimbursement schedule attached as Schedule 1 hereto, which may be modified from time to time by agreement between the Parties. 3. Tailgating Activities. Northwestern will not permit or facilitate tailgating activities on Event Dates for Concerts. 4. Security Plan. As a precondition of approval of events at Ryan Field, Northwestern shall deliver a security plan to the City no less than six (6) months prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Security Plan”) for review and approval by the City Manager or their designee, which Northwestern shall update and deliver to the City Manager annually thereafter. Approval of the Security Plan will not be unreasonably withheld. The failure of Northwestern to deliver or follow the approved Security Plan may be subject to the penalties and remedies of Section 15(a). The Parties agree that the Security Plan is exempt from FOIA under 5 ILCS 140/7(1)(v). The Security Plan shall describe Northwestern’s intentions with respect to providing, supervising or otherwise coordinating Northwestern’s security services in connection with the operation of Ryan Field with City services and City personnel, such as, by way of example only, the following: a. police and/or security staffing levels; b. use of magnetometers; c. bomb sweeps; and d. coordination with City Police, State of Illinois Police, and the Federal Bureau of Investigation. 5. Sustainability Plan. Northwestern shall deliver sustainability plan in compliance with the City’s Climate Action and Resiliency Plan where feasible, to the City no less than six (6) months prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Sustainability Plan”) for review and approval by the City Manager or their designee, which Northwestern shall update and deliver to the City annually thereafter. Approval of the Sustainability Plan will not be unreasonably withheld. The failure of Northwestern to deliver or follow the approved Security Plan may be subject to the penalties and remedies of Section 15(a). The Sustainability Plan Page 19 of 45 SP3.Page 211 of 237 3 shall describe Northwestern’s intentions with respect to activities related to environmental sustainability in connection with the operation of Ryan Field, such as, by way of example only, the following topics: a. trash clean-up; b. recycling; c. composting; d. water management; and e. greenspace. 6. Traffic Management Plan. Northwestern shall deliver a traffic management plan in substantially the form of Schedule 2 attached hereto to the City no less than six (6) months prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Traffic Management Plan”) for review and approval by the City Manager or their designee, which Northwestern shall update and deliver to the City annually thereafter. Approval of the Traffic Management Plan will not be unreasonably withheld. The failure of Northwestern to deliver or follow the approved Traffic Management Plan may be subject to the penalties and remedies of Section 15(a). The Parties agree that the Traffic Management Plan may be exempt from FOIA under 5 ILCS 140/7(1)(v) and will be redacted or withheld pursuant to the law. The Traffic Management Plan shall describe Northwestern’s intentions with respect to activities related to regulating, managing, controlling, or otherwise affecting traffic flows on Event Dates in connection with the operation of Ryan Field, such as, by way of example only, the following activities: a. providing or facilitating non-vehicular modes of transportation, including pedestrians and bicycles; b. providing or facilitating shuttles; c. facilitating off-site vehicular parking; d. enabling efficient access to or for transportation network providers and ride share; e. restricting street access; f. coordinating with the Chicago Transit Authority and Metra to enhance ridership; and g. supervising, limiting or otherwise regulating permit parking. 7. Concert Operations Plan. Northwestern shall deliver a concert operations plan to the City no less than six (6) months prior to the first Concert Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Concert Operations Plan”) for review and approval by the City Manager or their designee, which Northwestern shall update and deliver to the City annually thereafter. Approval of the Concert Operations Plan will not be unreasonably withheld. The failure of Northwestern to deliver or follow the approved Security Plan may be subject to the penalties and remedies of Section 15(a). The Concert Operations Plan shall describe Northwestern’s intentions with respect to activities in connection with the operation of Concerts at Ryan Field, such as, by way of example only, the following topics: a. management of noise levels consistent with the Approval Ordinances and the approved Concert Operations Plan; b. sound check protocols; c. traffic and parking management; d. coordination with City personnel prior to and during Concerts; e. staging and underground or off-site storage for trucks and buses; Page 20 of 45 SP3.Page 212 of 237 4 f. fines for noncompliance; g. coordination with other largescale events occurring in Evanston; and h. set up and take down of Concert equipment. During the school regular session calendar from approximately Labor Day to Memorial Day, Northwestern agrees that evening concerts on Sunday through Thursday (assuming the next day is not a holiday) will not be permitted without prior approval from the City. 8. Advance Notice of Events. In conjunction with the calendar of Events provided to the City as specified in paragraph 2(a) above, Northwestern shall use its best efforts to provide as much advance notice as reasonably possible, but in no event less than one month in advance of such events, to the City and Evanston community of an y events that have the potential to reach capacity at Ryan Field or the associated plazas. 9. Public Benefits. Northwestern is committed, both through its own efforts and through the efforts of its contractors and vendors, to (i) furthering opportunities for a broad and diverse membership of the Evanston community to participate in and benefit from the design, construction, maintenance and operation of a newly rebuilt Ryan Field, (ii) fostering a broader relationship and strengthening a deeper connection between Northwestern and the entire Evanston community, (iii) rebuilding a new Ryan Field, and (iv) helping provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. All public benefits are outlined in Ordinance 108-O-23 provided; however, those public benefits are reliant on a newly rebuilt Ryan Field and the ability of Northwestern to host Concerts at Ryan Field as provided for in the Approval Ordinances without unreasonable restraints imposed by the City beyond those contained in the Approval Ordinances, provided that the amusement and liquor tax rates in effect as of the Effective Date shall not be deemed unreasonable restraints. In the event that Northwestern demonstrates that such unreasonable restraints being imposed by the City adversely effect Concerts beyond general market risk factors, then such public benefits may be reduced and/or eliminated accordingly at Northwestern’s discretion. Any disputes between the Parties related to such restraints and their impact on Concerts that remain unresolved after good faith negotiations between the Parties shall then be subject to mediation. In light of the broader relationship between Northwestern and the entire Evanston communi ty, and in the spirit of a renewed greater partnership between Northwestern and the City going forward, the Parties agree that they are committed to collaborating in good faith and reasonably working with one another with respect to all Northwestern/City matters beyond the new Ryan Field for years to come. 10. Community Advisory Council. Northwestern shall meet at least twice annually with the Community Advisory Council (as hereinafter defined), unless such meetings are reduced and/or such Community Advisory Council is terminated in writing by the City. The purpose of the Community Advisory Council shall be to review the effectiveness of each of the Plans (and their respective updates) as required in Paragraphs 4, 5, 6 and 7; to receive updates on Northwestern’s M/WBE hiring during construction; and to gather and address information regarding the operation of facilities in the U2 District, including Ryan Field, from neighborhood residents to Northwestern and the City, and vice versa. The Community Advisory Council will make recommendations for further updates to the Plans or for additional actions by the City with respect thereto. As used herein, the “Community Advisory Council” means a council composed of three (3) members appointed by Northwestern and three (3) members appointed the City. Such members shall be appointed in accordance with such rules as Northwestern and the City may from time to time agree. Page 21 of 45 SP3.Page 213 of 237 5 11. Alcohol Sales. Northwestern will (i) obtain all permits, licenses and approvals required for the sale of alcohol at Ryan Field and its Events prior to opening of the new stadium, and (ii) maintain all such permits, licenses and approvals for so long as Northwestern causes vendors to make alcohol available at Ryan Field and its Events. In connection therewith, Northwestern shall require any vendors selling alcohol at Ryan Field to be properly licensed and BASSET trained under the requirements of the Illinois Liquor Control Act, 235 ILCS 5/1-1 et seq., as amended (“Act”), and Title 3, Chapter 4 of the Evanston City Code, as amended (the “Code”). In addition, Northwestern will require servers to strictly follow all other applicable provisions of the Act, the City’s Code, and liquor service and food handling industry-standard practices commonly used in Cook County, Illinois, including, without limitation: a. reviewing customers’ identification for compliance with applicable age limits; b. limiting the number of alcoholic drinks that any individual may purchase; and c. stopping general admission alcohol service in accordance with best practices for Football Games and Concerts. Northwestern is relying on the approval of reasonable liquor license for events at Ryan Field in order to expend a very substantial amount of time, money and effort to irreversibly demolish its existing stadium and then build the new stadium, and as a condition to provide the public benefits referenced in Section 9; provided, however, that if such liquor license is revoked due to liquor license breach or misconduct by Northwestern such public benefits will not be reduced; provided, further, that the increased Liquor Tax for Certain Amusement and Athletic Events approved by Ordinance 109-O-23 shall not be deemed an unreasonable liquor license requirement. 12. Term. The term of this Memorandum shall be perpetual for so long as Northwestern is hosting Football Games and Concerts at Ryan Field pursuant to that certain Ordinance 108-O-23 Granting the Ryan Field Planned Development and that certain Ordinance 107-O-23 Amending the Zoning Ordinance Regulations for the U2 University Athletic Facilities District (in forms mutually agreeable to the City and Northwestern, collectively, the “Approval Ordinances”), Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. For the avoidance of doubt, to the extent any term, condition or provision is explicitly time limited herein, this Section 12 shall not override such explicit time limitation. 13. Notices. Any and all notices, elections or demands permitted or required to be made under this Memorandum shall be in writing, signed by the party giving such notice, election or demand, and shall be delivered personally, by receipted commercial courier service, or sent by registered or certified United States mail, postage prepaid, return receipt requested to the other party at the address set forth below, or at such other address as may have heretofore been designated in writing. The date of personal delivery or three (3) days after postmark of date of mailing, as the case may be, shall be the date such notice, election or demand is deemed delivered. If to the City: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attn: City Manager; Corporation Counsel; ________________; and Page 22 of 45 SP3.Page 214 of 237 6 ________________ If to Northwestern: Northwestern University 633 Clark Street Evanston, Illinois 60208 Attn: Vice President and Chief Operating Officer; Vice President and Chief Financial Officer; and Senior Executive Director of Neighborhood and Community Relations with copy to: Northwestern University Office of General Counsel 633 Clark Street Evanston, Illinois 60208 Attn: General Counsel 14. Not an Easement or Public Dedication; Authorizations. Notwithstanding anything herein to the contrary, and for the avoidance of doubt, except as otherwise expressly provided for in this Memorandum, nothing herein shall be deemed to: be an easement, lease or license to any individual, entity, municipality or the general public; confer any rights, title, interests or benefits upon or in favor of any individual, entity, municipality or the general public; be a gift or dedication of any portion of Ryan Field or its surrounding areas to any individual, entity, municipality or the general public; or a specific right to any individual, entity, municipality or the general public to use Ryan Field or its surrounding areas, other than the general rights of use in common with all other individuals and members of the general public as expressly contemplated by this Memorandum; it being the intention of the Parties that this Memorandum shall be strictly limited to and for the purposes herein expressed, and for no other use or purpose. The City shall not record this Memorandum or any summary thereof. Provided City personnel are granted access for the purposes of this MOU. 15. Miscellaneous. a. This Memorandum is a legally binding agreement between the Parties, and is legally enforceable upon each Party by the other Party including, on the part of the City, through the enforcement of the penalties and remedies for violations of the Evanston Zoning Code contained in Section 6-3-10-5 of the City Code. b. This Memorandum may only be amended, modified or supplemented in writing signed by each Party. The Parties shall enter into such amendments to this Memorandum as may be necessary to effectuate the continued operation of Ryan Field. c. If any provision of this Memorandum or any word or part thereof or any application thereof is determined to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect any other provision of this Memorandum, this Memorandum shall be construed as if such invalid, illegal or unenforceable part were never included herein, the remainder of this Memorandum shall be and remain valid and enforceable to the fullest extent permitted by law, and the Parties shall negotiate in good faith to modify this Memorandum so as to effect the original intent of the Parties as closely as possible. d. This Memorandum shall be exclusively governed by and construed in accordance with the laws of Illinois, excluding its choice or conflict of law principles. All disputes and claims relating to this Memorandum not resolved between the Parties shall be resolved Page 23 of 45 SP3.Page 215 of 237 7 exclusively by binding arbitration applying Illinois law and administered by an arbitrator mutually agreed upon by the Parties. The place of any such arbitration shall exclusively be Evanston, Illinois. e. The Parties are and shall be independent contractors and this Memorandum shall not be construed to create any relationship of partnership, joint venture or other similar relationship. f. Neither Party shall be liable for any failure of or delay in the performa nce of this Memorandum for the period that such failure or delay is due to force majeure, including, but not limited to: war, terrorism, riots, fire, flood, tornado, earthquake, lightning, pandemic, other natural events, explosion, strikes, labor disputes, acts of state or governmental action prohibiting or impeding any party from performing its respective obligations hereunder, or any other reason beyond the reasonable control of such Party. g. Northwestern shall indemnify, defend and hold the City harmless from and against any and all claims from third parties from personal injury or property damage arising out of its negligent actions or omissions regarding the operations of Ryan Field, except to the extent caused by the City or any other third party (other than Northwestern’s contractors and agents). Northwestern shall obtain Special Event Insurance for all public facing concerts. The Special Event Insurance shall name the City as an additional insured, which insurance shall include reasonable defense costs for approved claims even if the indemnification of this Section 15(g) does not apply. Northwestern shall reimburse the City for all costs of damage to the City’s public right-of-way if damaged by Northwestern or its assignees in connection with events with a capacity of 5,000 or more attendees. h. This Memorandum constitutes the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements, written or oral, with respect thereto. i. This Memorandum shall equally apply to any successor or assign of any Party. No Party may assign or delegate its rights or obligations hereunder without the prior written consent of the other Party, except that Northwestern may assign or delegate any or all of this Memorandum or the rights or obligations hereunder to a wholly-owned subsidiary of Northwestern provided, however, Northwestern provide notice of any such assignment or delegation to the City; provided, further, that Northwestern shall remain responsible for all obligations pursuant to this Memorandum in the event of an assignment or delegation. j. This Memorandum does not confer any right, benefit or remedy upon any individual, entity or municipality that is not a Party hereto. k. No failure or delay in exercising any right or remedy shall be a waiver thereof. No waiver shall be effective unless in writing and signed by the party so waiving. l. This Memorandum may be executed in counterparts and delivered by electronic means (e.g., fax, email, docusign). [Signature pages follow] Page 24 of 45 SP3.Page 216 of 237 [SIGNATURE PAGE TO RYAN FIELD MEMORANDUM OF UNDERSTANDING] ACTIVE\201374735.15 IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Understanding as of the Effective Date. NORTHWESTERN UNIVERSITY By: ____________________________ Name: ____________________________ Its: ____________________________ THE CITY OF EVANSTON By: ____________________________ Name: ____________________________ Its: ____________________________ Page 25 of 45 SP3.Page 217 of 237 SCHEDULE 1 SCHEDULE 1 REIMBURSEMENTS [Note to Draft: To be determined between the City Staff and Northwestern] Page 26 of 45 SP3.Page 218 of 237 SCHEDULE 2 SCHEDULE 2 FORM OF TMP Attached. Page 27 of 45 SP3.Page 219 of 237 SCHEDULE 3 SCHEDULE 3 PUBLIC BENEFITS PACKAGE In accordance with Section 6-3-6-3 of the Evanston Zoning Ordinance, in order to provide benefits to the surrounding neighborhood and the City as a whole from the Approval Ordinances, to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, and to help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole, and assuming the passage of the Approval Ordinances, Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date, Northwestern agrees to the following public benefits: For a period of fifteen (15) years commencing in 2024: 1. Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of interest to the City and Northwestern, with final decision of such projects being that of the City with a minimum of $1,000,000 dollars annually will be placed into the City’s Affordable Housing Fund and a minimum of $500,000 will be placed into the City’s Climate Action and Resiliency Fund For the first ten (10) years, on each annual anniversary date of this Memorandum, the Good Neighbor Fund contribution will be adjusted by the change in the Consumer Price Index for the Chicago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve-month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve-month period. For years 11- 15, the annual amount will be the same as year 10. 2. An annual investment of $500,000 (as supported by a $10 million gift from the Ryan family to Northwestern) in Evanston local workforce development programming and upskilling initiatives, which may include contributions to other organizations, City programs or Northwestern programs that are committed to workforce development in Evanston. The City and Northwestern shall work together to develop the local workforce development program. 3. An annual investment of $500,000 in racial equity programming, which may include contributions to other organizations or City programs committed to racial equity. 4. Contribute at least $1,000,000 per year in aggregate to Evanston nonprofit organizations, community groups, faith-based institutions and/or schools, which contributions shall be documented and provided to the City. 5. Enhance efforts to increase applications and admittance of Evanston high school students to Northwestern, including by establishing a fund of at least $2,000,000 per year to award financial aid to such students. 6. Contribute at least $250,000 annually towards the revitalization of downtown Evanston, including programs such as the “clean team,” with the goal of continuing to make the downtown business district attractive for Northwestern students and Evanston community members alike. 7. Develop a local hiring and contracting program for design and construction jobs that encourages the hiring of minority and women-owned business enterprises (“M/WBE”), with priority given to Evanston-based businesses, which program shall reasonably target at least thirty-five percent 35% M/WBE participation in the design and construction of Ryan Field. In connection with its commitment to achieve 35% M/WBE participation, Northwestern shall implement or cause to be implemented initiatives for maximizing participation in the design and construction of Ryan Field, including: developing and maintaining a project website where contractors and vendors can access all project documents and sign up to receive notifications; collaborating with local, small and Page 28 of 45 SP3.Page 220 of 237 SCHEDULE 3 minority business organizations to identify firms that may be interested in participating in the project, including, by way of example only, Rebuilding Exchange, Hire360, HACIA and the Evanston Chamber of Commerce; hosting pre-construction job fairs; encouraging partnerships between M/WBEs and other vendors; and participating in workforce development initiatives. Northwestern shall publicize its progress towards the commitments above by providing transparent outline of efforts and reports at each major stage of the project. 8. In partnership with the Kellogg School of Management, provide marketing and advertising support during the period of construction to help local businesses (including through the Central Street Business Association) maximize the positive impact of the new stadium. Engage with the City and other business districts during the construction period to endeavor to develop a cohesive plan to leverage the additional visitors to Evanston driven by Concerts to benefit businesses across the City. Such plan may include elements such as ticket packages, meal discounts, marketing, and parking/transportation coordination. 9. Partner with the City to assist with fundraising efforts for the Guaranteed Basic Income Program. 10. Coordinate with the City to establish an internship program at the City for Northwestern students. 11. Partner with the City to evaluate and explore joint development projects in a manner that can strategically address key issues and opportunities in the City. Where impactful, make available and utilize the University’s research and policy expertise to inform decision-making on key issues. For a period of fifteen (15) years commencing in the year of completion of the newly rebuilt Ryan Field: 1. Implement a Concert ticket surcharge in the targeted amount of $3 per ticket and coordinate with the City to remit the proceeds equitably between the two Evanston public school districts to be used for equitable purposes, and Northwestern will guarantee such proceeds of at least $500,000 in the aggregate annually. For the first ten (10) years, on each annual anniversary date of this Memorandum, such guaranteed proceeds from the Concert ticket surcharge will be adjusted by the change in the Consumer Price Index for the Chicago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve-month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve-month period. For years 11-15, the annual amount will be the same as year 10. 2. Guarantee at least $2,500,000 in tax revenue, from liquor and amusement taxes collected directly from all events held at Ryan Field. A minimum of $1,000,000 annually of the tax revenue received by the City will be placed into the City’s Affordable Housing Fund. Annually, provide the City with the difference between (a) $2,500,000 and (b) the amount of taxes collected annually by the City from all events held at Ryan Field. In connection with the foregoing, the City shall provide Northwestern with the amount of collected taxes the previous year by January 31 and Northwestern shall pay the difference, if any, due within 60 days. Such $2,500,000 tax guarantee is reliant on the ability of Northwestern to rebuild Ryan Field and host Concerts at Ryan Field as provided for in the Approval Ordinances without unreasonable restraints imposed by the City beyond those contained in the Approval Ordinances, provided that the amusement and liquor tax rates in effect as of the Effective Date shall not be deemed unreasonable restraints. In the event that Northwestern demonstrates that such unreasonable restraints being imposed by the City adversely effect Concerts beyond general market risk factors, then such public benefit will be reduced and/or eliminated accordingly at Northwestern’s discretion. Any disputes between the Parties related to such Page 29 of 45 SP3.Page 221 of 237 SCHEDULE 3 restraints and their impact on Concerts that remain unresolved after good faith negotiations between the Parties shall then be subject to mediation. For the first ten (10) years, on each annual anniversary date of this Memorandum, such guaranteed tax revenue from liquor and amusement taxes collected directly from all events held at Ryan Field will be adjusted by the change in the Consumer Price Index for the Chicago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve-month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve-month period. For years 11-15, the annual amount will be the same as year 10. 3. Host and co-sponsor with the City an annual signature event in Evanston, contributing at least $250,000 per year to such programming. The City shall determine the details for the signature event, which shall be coordinated with Northwestern. 4. Provide reasonable access for the public to the new open spaces from 7:00am to 9:00pm free of charge, subject to reasonable rules and regulations and closures for other purposes. 5. Use efforts to communicate with any Concert promoters to determine whether advance ticket pre - sale windows or other ticket arrangements might be made available exclusively for members of the Evanston community. 6. Coordinate community movie nights and seasonal festivals at dates and times informed by public input, free of entry charge. 7. Coordinate with the City to facilitate the installation of a local, Evanston-focused mural on the southeast façade of the rebuilt Ryan Field which may include Evanston-focused promotion, text and/or names. For the avoidance of doubt, none of the above eighteen (18) public benefits shall be binding, enforceable or paid unless the Approval Ordinances are passed, Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and the legal and regulatory environment is substantially similar as existed as of the Effective Date. Northwestern agrees it will not hold Concerts as authorized by Ordinance 107-O-23 unless Ryan Field is rebuilt. However, if the Approval Ordinances are passed but Northwestern decides not to rebuild a new Ryan Field, Northwestern agrees to the following single public benefit (which shall not be deemed a tax or payment in lieu thereof): For a period of ten (10) years commencing in 2024: 1. Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of interest to the City and Northwestern, with final decision of such projects being that of the City (which may include Affordable Housing). On each annual anniversary date of this Memorandum, the Good Neighbor Fund contribution will be adjusted by the change in the Consumer Price Index for the Chicago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve-month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve-month period. Page 30 of 45 SP3.Page 222 of 237 SCHEDULE 3 Page 31 of 45 SP3.Page 223 of 237 MEMORANDUM OF UNDERSTANDING This MEMORANDUM OF UNDERSTANDING (this “Memorandum”) is effective as of [______________]1, 2023 (the “Effective Date”), by and between NORTHWESTERN UNIVERSITY, an Illinois corporation (“Northwestern”), and THE CITY OF EVANSTON, a municipal corporation (the “City”). Northwestern and the City are sometimes referred to herein individually as a “Party” and collectively as the “Parties”. As used herein, the term “Northwestern” shall include its contractors, operators and/or affiliates, as applicable. RECITALS WHEREAS, Northwestern and the City have a long history of working together to enhance and support the Evanston community through various collaborative efforts. WHEREAS, in furtherance of the Parties’ continued cooperation with respect to the entire Evanston community as a whole, the Parties desire to set forth (i) certain operational and logistical considerations with respect to Ryan Field following its redevelopment (the “Ryan Field”) for events ticketed for a minimum of ten thousand (10,000) individuals and (ii) certain public benefits which rely on and are tied to such redevelopment and operations. Such public benefits are intended to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, rebuild a new Ryan Field which will further vitalize the community, and help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. WHEREAS, Northwestern is relying on the passage of the Approval Ordinances (as defined below) and its original rights therein in order to expend a very substantial amount of time, money and effort to irreversibly demolish its existing stadium and then build the new stadium. WHEREAS, the successful operation of Ryan Field will in certain respects require separate considerations and requirements to apply during football games (“Football Games”), amplified musical performances inside the stadium intended as publicly facing capacity concerts (“Concerts”), and all other times. WHEREAS, Northwestern agrees it will not hold Concerts as authorized by Ordinance 107-O- 23 unless Ryan Field is rebuilt. NOW, THEREFORE, in consideration of: the mutual covenants set forth herein, the passage of the Approval Ordinances (as defined below), Northwestern’s original rights therein, a newly rebuilt Ryan Field, the legal and regulatory environment as of the Effective Date, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed; the Parties hereto, intending to be legally bound hereby, agree as follows: 1. Recitals. The foregoing recitals are acknowledged to be accurate and are incorporated herein by reference. 2. City Services. 1 Note to Draft: The Effective Date will be on or after the passage of the Approval Ordinances that are mutually agreeable to the City and Northwestern Page 32 of 45 SP3.Page 224 of 237 2 a. City Personnel. Northwestern shall provide a calendar of known scheduled events by the first business day of each new year to the City where practicable. The City shall provide personnel, where practicable, in such quantities, at such locations, and during such hours as Northwestern may designate, upon oral or written notice delivered at least three (3) days prior to the date on which such personnel are requested to perform services (the “Event Date(s)”); provided, however, that the City, may, but shall not be obligated to provide any personnel unless Northwestern delivers written notice at least one (1) month prior to any Event Date and such notice describes: (i) the Event Date, (ii) an estimated number of personnel that the Northwestern might designate on the Event Date, and (iii) an estimated number of hours personnel may be requested to work. If the City is unable to provide the required minimum staffing, Northwestern will hire private security or private traffic management as approved by the City to ensure minimum staffing levels are maintained. Approval of the additional security will not be unreasonably withheld by the City. b. Reimbursement. Northwestern shall reimburse the City for the City’s out-of-pocket costs including, but not limited to, all special detail rates to Evanston Police Officers, Fire Department personnel and parking enforcement officers on Event Dates incurred in connection with providing personnel pursuant to Section 2.a. above necessary for the operation of Ryan Field according to the reimbursement schedule attached as Schedule 1 hereto, which may be modified from time to time by agreement between the Parties. 3. Tailgating Activities. Northwestern will not permit or facilitate tailgating activities on Event Dates for Concerts. 4. Security Plan. As a precondition of approval of events at Ryan Field, Northwestern shall deliver a security plan to the City no less than six (6) months prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Security Plan”) for review and approval by the City Manager or their designee, which Northwestern shall update and deliver to the City Manager annually thereafter. Approval of the Security Plan will not be unreasonably withheld. The failure of Northwestern to deliver or follow the approved Security Plan may be subject to the penalties and remedies of Section 15(a). The Parties agree that the Security Plan is exempt from FOIA under 5 ILCS 140/7(1)(v). The Security Plan shall describe Northwestern’s intentions with respect to providing, supervising or otherwise coordinating Northwestern’s security services in connection with the operation of Ryan Field with City services and City personnel, such as, by way of example only, the following: a. police and/or security staffing levels; b. use of magnetometers; c. bomb sweeps; and d. coordination with City Police, State of Illinois Police, and the Federal Bureau of Investigation. 5. Sustainability Plan. Northwestern shall deliver sustainability plan in compliance with the City’s Climate Action and Resiliency Plan where feasible, to the City no less than six (6) months prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Sustainability Plan”) for review and approval by the City Manager or their designee, which Northwestern shall update and deliver to the City annually thereafter. Approval of the Sustainability Plan will not be unreasonably withheld. The failure of Northwestern to deliver or follow the approved Security Plan may be subject to the penalties and remedies of Section 15(a). The Sustainability Plan Page 33 of 45 SP3.Page 225 of 237 3 shall describe Northwestern’s intentions with respect to activities related to environmental sustainability in connection with the operation of Ryan Field, such as, by way of example only, the following topics: a. trash clean-up; b. recycling; c. composting; d. water management; and e. greenspace. 6. Traffic Management Plan. Northwestern shall deliver a traffic management plan in substantially the form of Schedule 2 attached hereto to the City no less than six (6) months prior to the first Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Traffic Management Plan”) for review and approval by the City Manager or their designee, which Northwestern shall update and deliver to the City annually thereafter. Approval of the Traffic Management Plan will not be unreasonably withheld. The failure of Northwestern to deliver or follow the approved Traffic Management Plan may be subject to the penalties and remedies of Section 15(a). The Parties agree that the Traffic Management Plan may beis exempt from FOIA under 5 ILCS 140/7(1)(v) and will be redacted or withheld pursuant to the law. The Traffic Management Plan shall describe Northwestern’s intentions with respect to activities related to regulating, managing, controlling, or otherwise affecting traffic flows on Event Dates in connection with the operation of Ryan Field, such as, by way of example only, the following activities: a. providing or facilitating non-vehicular modes of transportation, including pedestrians and bicycles; b. providing or facilitating shuttles; c. facilitating off-site vehicular parking; d. enabling efficient access to or for transportation network providers and ride share; e. restricting street access; f. coordinating with the Chicago Transit Authority and Metra to enhance ridership; and g. supervising, limiting or otherwise regulating permit parking. 7. Concert Operations Plan. Northwestern shall deliver a concert operations plan to the City no less than six (6) months prior to the first Concert Event Date following the date on which a certificate of occupancy is issued for Ryan Field (the “Concert Operations Plan”) for review and approval by the City Manager or their designee, which Northwestern shall update and deliver to the City annually thereafter. Approval of the Concert Operations Plan will not be unreasonably withheld. The failure of Northwestern to deliver or follow the approved Security Plan may be subject to the penalties and remedies of Section 15(a). The Concert Operations Plan shall describe Northwestern’s intentions with respect to activities in connection with the operation of Concerts at Ryan Field, such as, by way of example only, the following topics: a. management of noise levels consistent with the Approval Ordinances and the approved Concert Operations Plan; b. sound check protocols; c. traffic and parking management; d. coordination with City personnel prior to and during Concerts; e. staging and underground or off-site storage for trucks and buses; Page 34 of 45 SP3.Page 226 of 237 4 f. fines for noncompliance; g. coordination with other largescale events occurring in Evanston; and h. set up and take down of Concert equipment. During the school regular session calendar fFrom approximately Labor Day to Memorial Day, Northwestern agrees that evening concerts on Sunday through Thursday (assuming the next day is not a holiday) will not be permitted without prior approval from the City. 8. Advance Notice of Events. In conjunction with the calendar of Events provided to the City as specified in paragraph 2(a) above, Northwestern shall use its best efforts to provide as much advance notice as reasonably possible, but in no event less than one month in advance of such events, to the City and Evanston community of any events that have the potential to reach capacity at Ryan Field or the associated plazas. 9. Public Benefits. Northwestern is committed, both through its own efforts and through the efforts of its contractors and vendors, to (i) furthering opportunities for a broad and diverse membership of the Evanston community to participate in and benefit from the design, construction, maintenance and operation of a newly rebuilt Ryan Field, (ii) fostering a broader relationship and strengthening a deeper connection between Northwestern and the entire Evanston community, (iii) rebuilding a new Ryan Field, and (iv) helping provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole. All public benefits are outlined in Ordinance 108-O-23 provided; however, those public benefits are reliant on a newly rebuilt Ryan Field and the ability of Northwestern to host Concerts at Ryan Field as provided for in the Approval Ordinances without unreasonable restraints imposed by the City beyond those contained in the Approval Ordinances, provided that the amusement and liquor tax rates in effect as of the Effective Date shall not be deemed unreasonable restraints. In the event that Northwestern demonstrates that such unreasonable restraints being imposed by the City adversely effect Concerts beyond general market risk factors, then such public benefits maywill be reduced and/or eliminated accordingly at Northwestern’s discretion. Any disputes between the Parties related to such restraints and their impact on Concerts that remain unresolved after good faith negotiations between the Parties shall then be subject to mediation. In light of the broader relationship between Northwestern and the entire Evanston community, and in the spirit of a renewed greater partnership between Northwestern and the City going forward, the Parties agree that they are committed to collaborating in good faith and reasonably working with one another with respect to all Northwestern/City matters beyond the new Ryan Field for years to come. 10. Community Advisory Council. Northwestern shall meet at least twice annually with the Community Advisory Council (as hereinafter defined), unless such meetings are reduced and/or such Community Advisory Council is terminated in writing by the City. The purpose of the Community Advisory Council shall be to review the effectiveness of each of the Plans (and their respective updates) as required in Paragraphs 4, 5, 6 and 7; to receive updates on Northwestern’s M/WBE hiring during construction; and to gather and address information regarding the operation of facilities in the U2 District, including Ryan Field, from neighborhood residents to Northwestern and the City, and vice versa. The Community Advisory Council will make recommendations for further updates to the Plans or for additional actions by the City with respect thereto. As used herein, the “Community Advisory Council” means a council composed of three (3) members appointed by Northwestern and three (3) members appointed the City. Such members shall be appointed in accordance with such rules as Northwestern and the City may from time to time agree. Page 35 of 45 SP3.Page 227 of 237 5 11. Alcohol Sales. Northwestern will (i) obtain all permits, licenses and approvals required for the sale of alcohol at Ryan Field and its Events prior to opening of the new stadium, and (ii) maintain all such permits, licenses and approvals for so long as Northwestern causes vendors to make alcohol available at Ryan Field and its Events. In connection therewith, Northwestern shall require any vendors selling alcohol at Ryan Field to be properly licensed and BASSET trained under the requirements of the Illinois Liquor Control Act, 235 ILCS 5/1-1 et seq., as amended (“Act”), and Title 3, Chapter 4 of the Evanston City Code, as amended (the “Code”). In addition, Northwestern will require servers to strictly follow all other applicable provisions of the Act, the City’s Code, and liquor service and food handling industry-standard practices commonly used in Cook County, Illinois, including, without limitation: a. reviewing customers’ identification for compliance with applicable age limits; b. limiting the number of alcoholic drinks that any individual may purchase; and c. stopping general admission alcohol service in accordance with best practices for Football Games and Concerts. Northwestern is relying on the approval of reasonable liquor license for events at Ryan Field in order to expend a very substantial amount of time, money and effort to irreversibly demolis h its existing stadium and then build the new stadium, and as a condition to provide the public benefits referenced in Section 9; provided, however, that if such liquor license is revoked due to liquor license breach or misconduct by Northwestern such public benefits will not be reduced; provided, further, that the increased Liquor Tax for Certain Amusement and Athletic Events approved by Ordinance 109-O-23 shall not be deemed an unreasonable liquor license requirement. 12. Term. The term of this Memorandum shall be perpetual for so long as Northwestern is hosting Football Games and Concerts at Ryan Field pursuant to that certain Ordinance 108-O-23 Granting the Ryan Field Planned Development and that certain Ordinance 107-O-23 Amending the Zoning Ordinance Regulations for the U2 University Athletic Facilities District (in forms mutually agreeable to the City and Northwestern, collectively, the “Approval Ordinances”), Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date. For the avoidance of doubt, to the extent any term, condition or provision is explicitly time limited herein, this Section 12 shall not override such explicit time limitation. 13. Notices. Any and all notices, elections or demands permitted or required to be made under this Memorandum shall be in writing, signed by the party giving such notice, election or demand, and shall be delivered personally, by receipted commercial courier service, or sent by registered or certified United States mail, postage prepaid, return receipt requested to the other party at the address set forth below, or at such other address as may have heretofore been designated in writing. The date of personal delivery or three (3) days after postmark of date of mailing, as the case may be, shall be the date such notice, election or demand is deemed delivered. If to the City: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attn: City Manager; Corporation Counsel; ________________; and Page 36 of 45 SP3.Page 228 of 237 6 ________________ If to Northwestern: Northwestern University 633 Clark Street Evanston, Illinois 60208 Attn: Vice President and Chief Operating Officer; Vice President and Chief Financial Officer; and Senior Executive Director of Neighborhood and Community Relations with copy to: Northwestern University Office of General Counsel 633 Clark Street Evanston, Illinois 60208 Attn: General Counsel 14. Not an Easement or Public Dedication; Authorizations. Notwithstanding anything herein to the contrary, and for the avoidance of doubt, except as otherwise expressly provided for in this Memorandum, nothing herein shall be deemed to: be an easement, lease or license to any individual, entity, municipality or the general public; confer any rights, title, interests or benefits upon or in favor of any individual, entity, municipality or the general public; be a gift or dedication of any portion of Ryan Field or its surrounding areas to any individual, entity, municipality or the general public; or a specific right to any individual, entity, municipality or the general public to use Ryan Field or its surrounding areas, other than the general rights of use in common with all other individuals and members of the general public as expressly contemplated by this Memorandum; it being the intention of the Parties that this Memorandum shall be strictly limited to and for the purposes herein expressed, and for no other use or purpose. The City shall not record this Memorandum or any summary thereof. Provided City personnel are granted access for the purposes of this MOU. 15. Miscellaneous. a. This Memorandum is a legally binding agreement between the Parties, and is legally enforceable upon each Party by the other Party including, on the part of the City, through the enforcement of the penalties and remedies for violations of the Evanston Zoning Code contained in Section 6-3-10-5 of the City Code. b. This Memorandum may only be amended, modified or supplemented in writing signed by each Party. The Parties shall enter into such amendments to this Memorandum as may be necessary to effectuate the continued operation of Ryan Field. c. If any provision of this Memorandum or any word or part thereof or any application thereof is determined to be invalid, illegal or unenforceable, then such invalidity, illegality or unenforceability shall not affect any other provision of this Memorandum, this Memorandum shall be construed as if such invalid, illegal or unenforceable part were never included herein, the remainder of this Memorandum shall be and remain valid and enforceable to the fullest extent permitted by law, and the Parties shall negotiate in good faith to modify this Memorandum so as to effect the original intent of the Parties as closely as possible. d. This Memorandum shall be exclusively governed by and construed in accordance with the laws of Illinois, excluding its choice or conflict of law principles. All disputes and claims relating to this Memorandum not resolved between the Parties shall be resolved Page 37 of 45 SP3.Page 229 of 237 7 exclusively by binding arbitration applying Illinois law and administered by an arbitrator mutually agreed upon by the Parties. The place of any such arbitration shall exclusively be Evanston, Illinois. e. The Parties are and shall be independent contractors and this Memorandum shall not be construed to create any relationship of partnership, joint venture or other similar relationship. f. Neither Party shall be liable for any failure of or delay in the p erformance of this Memorandum for the period that such failure or delay is due to force majeure, including, but not limited to: war, terrorism, riots, fire, flood, tornado, earthquake, lightning, pandemic, other natural events, explosion, strikes, labor disputes, acts of state or governmental action prohibiting or impeding any party from performing its respective obligations hereunder, or any other reason beyond the reasonable control of such Party. g. Northwestern shall indemnify, defend and hold the City harmless from and against any and all claims from third parties from personal injury or property damage arising out of its negligent actions or omissions regarding the operations of Ryan Field, except to the extent caused by the City or any other third party (other than Northwestern’s contractors and agents). Northwestern shall obtain Special Event Insurance for all public facing concerts. The Special Event Insurance shall name the City as an additional insured, which insurance shall include reasonable defense costs for approved claims even if the indemnification of this Section 15(g) does not apply. Northwestern shall reimburse the City for all costs of damage to the City’s public right-of-way if damaged by Northwestern or its assignees in connection with events with a capacity of 5,000 or more attendees. h. This Memorandum constitutes the entire understanding of the Parties with respect to its subject matter and supersedes all prior agreements, written or oral, with respect thereto. i. This Memorandum shall equally apply to any successor or assign of any Party. No Party may assign or delegate its rights or obligations hereunder without the prior written consent of the other Party, except that Northwestern may assign or delegate any or all of this Memorandum or the rights or obligations hereunder to a wholly-owned subsidiary of Northwestern provided, however, Northwestern provide notice of any such assignment or delegation to the City; provided, further, that Northwestern shall remain responsible for all obligations pursuant to this Memorandum in the event of an assignment or delegation. j. This Memorandum does not confer any right, benefit or remedy upon any individual, entity or municipality that is not a Party hereto. k. No failure or delay in exercising any right or remedy shall be a waiver thereof. No waiver shall be effective unless in writing and signed by the party so waiving. l. This Memorandum may be executed in counterparts and delivered by electronic means (e.g., fax, email, docusign). [Signature pages follow] Page 38 of 45 SP3.Page 230 of 237 [SIGNATURE PAGE TO RYAN FIELD MEMORANDUM OF UNDERSTANDING] ACTIVE\201374735.15 IN WITNESS WHEREOF, the undersigned have executed this Memorandum of Understanding as of the Effective Date. NORTHWESTERN UNIVERSITY By: ____________________________ Name: ____________________________ Its: ____________________________ THE CITY OF EVANSTON By: ____________________________ Name: ____________________________ Its: ____________________________ Page 39 of 45 SP3.Page 231 of 237 SCHEDULE 1 SCHEDULE 1 REIMBURSEMENTS [Note to Draft: To be determined between the City Staff and Northwestern] Page 40 of 45 SP3.Page 232 of 237 SCHEDULE 2 SCHEDULE 2 FORM OF TMP Attached. Page 41 of 45 SP3.Page 233 of 237 SCHEDULE 3 SCHEDULE 3 PUBLIC BENEFITS PACKAGE In accordance with Section 6-3-6-3 of the Evanston Zoning Ordinance, in order to provide benefits to the surrounding neighborhood and the City as a whole from the Approval Ordinances, to foster a broader relationship and strengthen a deeper connection between Northwestern and the entire Evanston community, and to help provide more opportunities for additional future collaboration and partnership between the Northwestern and the Evanston community as a whole, and assuming the passage of the Approval Ordinances, Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and a legal and regulatory environment that is substantially similar as existed as of the Effective Date, Northwestern agrees to the following public benefits: For a period of fifteen (15) years commencing in 2024: 1. Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of interest to the City and Northwestern, with final decision of such projects being that of the City (which may include Affordable Housing) with a minimum of $1,000,000 dollars annually will be placed into the City’s Aaffordable Hhousing Ffund. and a minimum of $500,000 will be placed into the City’s Climate Action and Resiliency Fund. For the first ten (10) years, on each annual anniversary date of this Memorandum, the Good Neighbor Fund contribution will be adjusted by the change in the Consumer Price Index for the Chicago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve-month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve-month period. For years 11- 15, the annual amount will be the same as year 10. 2. An annual investment of $500,000 (as supported by a $10 million gift from the Ryan family to Northwestern) in Evanston local workforce development programming and upskilling initiatives, which may include contributions to other organizations, City programs or Northwestern programs that are committed to workforce development in Evanston. The City and Northwestern shall work together to develop the local workforce development program. 3. An annual investment of $500,000 in racial equity programming, which may include contributions to other organizations or City programs committed to racial equity. 4. Contribute at least $1,000,000 per year in aggregate to Evanston nonprofit organizations, community groups, faith-based institutions and/or schools, which contributions shall be documented and provided to the City. 5. Enhance efforts to increase applications and admittance of Evanston high school students to Northwestern, including by establishing a fund of at least $2,000,000 per year to award financial aid to such students. 6. Contribute at least $250,000 annually towards the revitalization of downtown Evanston, including programs such as the “clean team,” with the goal of continuing to make the downtown business district attractive for Northwestern students and Evanston community members alike. 7. Develop a local hiring and contracting program for design and construction jobs that encourages the hiring of minority and women-owned business enterprises (“M/WBE”), with priority given to Evanston-based businesses, which program shall reasonably target at least thirty-five percent 35% M/WBE participation in the design and construction of Ryan Field. In connection with its commitment to achieve 35% M/WBE participation, Northwestern shall implement or cause to be implemented initiatives for maximizing participation in the design and construction of Ryan Field, including: developing and maintaining a project website where contractors and vendors can access Page 42 of 45 SP3.Page 234 of 237 SCHEDULE 3 all project documents and sign up to receive notifications; collaborating with local, small and minority business organizations to identify firms that may be interested in participating in the project, including, by way of example only, Rebuilding Exchange, Hire360, HACIA and the Evanston Chamber of Commerce; hosting pre-construction job fairs; encouraging partnerships between M/WBEs and other vendors; and participating in workforce development initiatives. Northwestern shall publicize its progress towards the commitments above by providing transparent outline of efforts and reports at each major stage of the project. 8. In partnership with the Kellogg School of Management, provide marketing and advertising support during the period of construction to help local businesses (including through the Central Street Business Association) maximize the positive impact of the new stadium. Engage with the City and other business districts during the construction period to endeavor to develop a cohesive plan to leverage the additional visitors to Evanston driven by Concerts to benefit businesses across the City. Such plan may include elements such as ticket packages, meal discounts, marketing, and parking/transportation coordination. 9. Partner with the City to assist with fundraising efforts for the Guaranteed Basic Income Program. 10. Coordinate with the City to establish an internship program at the City for Northwestern students. 11. Partner with the City to evaluate and explore joint development projects in a manner that can strategically address key issues and opportunities in the City. Where impactful, make available and utilize the University’s research and policy expertise to inform decision-making on key issues. For a period of fifteen (15) years commencing in the year of completion of the newly rebuilt Ryan Field: 1. Implement a Concert ticket surcharge in the targeted amount of $3 per ticket and coordinate with the City to remit the proceeds equitably between the two Evanston public school districts to be used for equitable purposes, and Northwestern will guarantee such proceeds of at least $500,000 in the aggregate annually. For the first ten (10) years, on each annual anniversary date of this Memorandum, such guaranteed proceeds from the Concert ticket surcharge will be adjusted by the change in the Consumer Price Index for the Chicago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve-month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve-month period. 2. Guarantee at least $2,500,000 in tax revenue, from liquor and amusement taxes collected directly from all events held at Ryan Field. A minimum of $1,000,000 annually of the tax revenue received by the City will be placed into the City’s Affordable Housing Fund. Annually, provide the City with the difference between (a) $2,500,000 and (b) the amount of taxes collected annually by the City from all events held at Ryan Field. In connection with the foregoing, the City shall provide Northwestern with the amount of collected taxes the previous year by January 31 and Northwestern shall pay the difference, if any, due within 60 days. Such $2,500,000 tax guarantee is reliant on the ability of Northwestern to rebuild Ryan Field and host Concerts at Ryan Field as provided for in the Approval Ordinances without unreasonable restraints imposed by the City beyond those contained in the Approval Ordinances, provided that the amusement and liquor tax rates in effect as of the Effective Date shall not be deemed unreasonable restraints. In the event that Northwestern demonstrates that such unreasonable restraints being imposed by the City adversely effect Concerts beyond general market risk factors, then such public benefit will be reduced and/or eliminated accordingly at Northwestern’s discretion. Any disputes between the Parties related to such Page 43 of 45 SP3.Page 235 of 237 SCHEDULE 3 restraints and their impact on Concerts that remain unresolved after good faith negotiations between the Parties shall then be subject to mediation. For the first ten (10) years, on each annual anniversary date of this Memorandum, such guaranteed tax revenue from liquor and amusement taxes collected directly from all events held at Ryan Field will be adjusted by the change in the Consumer Price Index for the Chicago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve-month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve-month period. 3. Host and co-sponsor with the City an annual signature event in Evanston, contributing at least $250,000 per year to such programming. The City shall determine the details for the signature event, which shall be coordinated with Northwestern. 4. Provide reasonable access for the public to the new open spaces from 7:00am to 9:00pm free of charge, subject to reasonable rules and regulations and closures for other purposes. 5. Use efforts to communicate with any Concert promoters to determine whether advance ticket pre - sale windows or other ticket arrangements might be made available exclusively for members of the Evanston community. 6. Coordinate community movie nights and seasonal festivals at dates and times informed by public input, free of entry charge. 7. Coordinate with the City to facilitate the installation of a local, Evanston-focused mural on the southeast façade of the rebuilt Ryan Field which may include Evanston-focused promotion, text and/or names. For the avoidance of doubt, none of the above eighteen (18) public benefits shall be binding, enforceable or paid unless the Approval Ordinances are passed, Northwestern retains its original rights therein, a new Ryan Field is rebuilt, and the legal and regulatory environment is substantially similar as existed as of the Effective Date. Northwestern agrees it will not hold Concerts as authorized by Ordinance 107-O-23 unless Ryan Field is rebuilt. However, if the Approval Ordinances are passed but Northwestern decides not to rebuild a new Ryan Field, Northwestern agrees to the following single public benefit (which shall not be deemed a tax or payment in lieu thereof): For a period of ten (10) years commencing in 2024: 1. Pay the City $3,000,000 annually as a Good Neighbor Fund, to further projects of interest to the City and Northwestern, with final decision of such projects being that of the City (which may include Affordable Housing). On each annual anniversary date of this Memorandum, the Good Neighbor Fund contribution will be adjusted by the change in the Consumer Price Index for the Chicago-Naperville-Elgin area published by the Bureau of Labor Statistics of the U.S. Department of Labor for the twelve-month period ending with the month preceding such annual anniversary date, with such CPI adjustment being capped at 3% for each twelve-month period. Page 44 of 45 SP3.Page 236 of 237 SCHEDULE 3 Page 45 of 45 SP3.Page 237 of 237