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HomeMy WebLinkAbout04.22.19CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, April 22, 2019 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee (P&D) meets at 6:45 p.m. City Council meeting will convene at conclusion of the P&D Committee meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Fiske (II) Mayor Public Announcements and Proclamations Earth Day, April 22 Arbor Day, April 26 (III) City Manager Public Announcements (IV) Communications: City Clerk (V) Public Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. 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 as a forum for residents to share their perspective in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. 1 of 611 City Council Agenda April 22, 2019 Page 2 of 9 (VI) Consent Agenda and Report of Standing Committees: Administration & Public Works - Alderman Suffredin Planning & Development - Alderman Revelle Human Services - Alderman Rue Simmons Rules Committee - Alderman Braithwaite Economic Development - Alderman Rue Simmons CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meetings of March 11, 2019, March 18, 2019 and April 1, 2019 and April 8, 2019. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – March 18, 2019 through March 31, 2019 $ 2,623,071.86 For Action (A2) Bills List – April 23, 2019 $ 5,788,823.06 For Action (A3) Contract with Stantec Consulting Services, Inc. for 1909 Raw Water Intake Replacement Staff recommends City Council authorize the City Manager to execute a contract for the 1909 Raw Water Intake Replacement (RFP 19-02) with Stantec Consulting Services, Inc. (350 North Orleans Street, Suite 1301, Chicago, IL 60604) in the amount of $598,909.00. Funding will be provided from the Water Fund (Account 513.71.7330.62145-719001), which has an FY 2019 budget allocation of $300,000. The total budget for this this 2-year design project over FY 2019 and FY 2020 is $600,000. City Council will need to allocate additional funds in FY 2020 to complete the project. For Action (A4) Contract with Sumit Construction Co., Inc. for the 2019 50/50 Sidewalk Replacement Project Staff recommends City Council authorize the City Manager to execute a contract for the 2019 50/50 Sidewalk Replacement Project (Bid No. 19-10) with Sumit Construction Co., Inc. (4150 W. Wrightwood Ave Chicago, IL 60039) in the amount of $232,365.00. Funding will be provided from the Capital Improvement Program (CIP) 2019 General Obligation Bonds in the amount of $150,000 and from estimated private funds in the amount of $82,365. A detailed funding breakdown can be found on the corresponding transmittal memorandum. For Action 2 of 611 City Council Agenda April 22, 2019 Page 3 of 9 (A5) Change Order 5 to Contract with CDM Smith for Engineering Services for the Treated Water Storage Replacement Project Engineering Services Staff recommends that City Council authorize the City Manager to execute Change Order No. 5 to the agreement for the Treated Water Storage Replacement Project Engineering Services to CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the amount of $366,012.00. This will increase the total contract amount from the current contract price of $1,350,770.00 to $1,716,782.00. Funding will be from the Water Fund, Capital Improvement Account 513.71.7330.62145 - 733107, which has an FY 2019 budget allocation of $13,700,000. The total budget for the Clearwell 9 Rehabilitation Project (including construction and engineering services during construction for FY 2019 and FY 2020) is $23,900,000, of which $4,197,417 is remaining after authorized construction and engineering costs. For Action (A6) Contract Extension with Interra, Inc. for Material Testing Services Staff recommends City Council authorize the City Manager to execute an amendment for the second 1-year contract extension with Interra, Inc. (600 Territorial Drive, Suite G, Bolingbrook, IL 60440) to the agreement for Material Testing Services (RFP 17-02) for various capital infrastructure improvement projects in the not-to-exceed amount of $150,000. Funding will be provided from the 2019 General Obligation Bonds, Water Fund, MFT Fund, Parking Fund, and Sewer Fund, depending on the project. Projects utilizing material testing services include street resurfacing, alley paving, sidewalk replacement, sewer and water main improvements, and other infrastructure improvements as needed. A detailed funding breakdown can be found on the corresponding transmittal memorandum. For Action (A7) Purchase of Trees for Spring Planting Staff recommends that City Council authorize the City Manager to execute a contract award for the purchase of 246 trees from Suburban Tree Consortium in the amount of $52,625.00. Funding for this purchase is provided from the General Fund and private funding as outlined in the corresponding transmittal memorandum. For Action (A8) Contract with Herrera Landscape and Snow Removal, Inc. for 2019 Tree Planting Services Staff recommends the City Council authorize the City Manager to execute a contract award for the 2019 Tree Planting Services to Herrera Landscape and Snow Removal, Inc. (8836 Lincolnwood Drive, Evanston, IL 60203) in an amount not to exceed $45,000.00. Funding for this project is from the FY 2019 General Fund budget 100.40.4320.65005, which has a total allocation of $135,000, which has a remaining balance of $82,375. For Action 3 of 611 City Council Agenda April 22, 2019 Page 4 of 9 (A9) Purchase of Five (5) PlateScout License Recognition Systems from Passport Labs Staff recommends City Council approval of the Single Source purchase of five (5) PlateScout License Plate Recognition systems from Passport Labs (128 S. Tryon Street #2200, Charlotte, NC 28292) for the Administrative Services Department in the amount of $206,500.00. Funding will be from the Parking Fund – Other Improvements (Account 505.19.7005.65515), with a budget of $3,510,000.00 and $3,405,607.91 remaining. For Action (A10) Amendment to Agreement for Crossing Guards Services with Andy Frain Services, Inc. to Add One Additional Crossing Guard Staff recommends that City Council authorize the City Manager to amend the agreement with Andy Fran Services, Inc. (761 Shoreline Drive, Aurora, IL 60504) to increase the not-to-exceed amount from $620,662 to $631,662 per year to add one additional crossing guard (RFP #18-52). Funding for the additional $11,000 will be from the City Manager – Other Program Costs (Account 100.15.1505.62490) with a budget of $23,617 and a YTD balance of $20,063. For Action (A11) 2018 Year-End Financial Report Staff recommends that the City Council accept and place on file the 2018 year- end financial report. For Action: Accept and Place on File (A12) Resolution 34-R-19, Increase the Total Fiscal Year 2018 Budget by $18,641,429 to a New Total of $354,110,437 Staff recommends that the City Council adopt Resolution 34-R-19, amending the 2018 Budget by $18,641,429 to a new total of $354,110,437 as detailed in the corresponding transmittal memorandum. For Action (A13) Resolution 42-R-19, Authorizing the City Manager to Execute a Seven Year Cable Television Franchise Agreement with Comcast Staff recommends City Council adoption of Resolution 42-R-19 authorizing the City Manager to execute a seven (7) year Cable Television Franchise Agreement with Comcast of Illinois IV, Inc. For Action 4 of 611 City Council Agenda April 22, 2019 Page 5 of 9 (A14) Resolution 19-R-19, Intergovernmental Agreement for Reciprocal Reporting and School Resource Officer Staff recommends City Council adopt Resolution 19-R-19, authorizing the City Manager to execute an intergovernmental agreement with the Evanston Township High School District 202 (“ETHS”) for the use of two (2) Evanston Police Department officers at ETHS for the purpose of providing school resource officers (the “Intergovernmental Agreement”). For Action (A15) Resolution 37-R-19, Professional Services Agreement with Kane McKenna for Tax Increment Financing Consulting Services Staff recommends City Council adoption of Resolution 37-R-19 authorizing the City Manager to enter into a consulting contract with Kane McKenna and Associates, Inc. for study of the eligibility of expansion of the Howard Ridge Tax Increment Financing (TIF) District (#5) to include additional properties (50 PINs), for an amount not-to-exceed $30,500. The potential expansion of the district constitutes a major amendment to the TIF district and requires full eligibility of new parcels and public meeting process. The length of time for the district is not under consideration for extension at this time. Funding will come from Howard Ridge TIF Consulting Services Fund (Account 330.99.5860.62185). For Action (A16) Ordinance 23-O-19, Amending City Code Section 10-8-1 “License Required” Changing the Wheel Tax Deadline Staff recommends City Council adoption of Ordinance 23-O-19 which amends the City Code Section 10-8-1 to change the wheel tax deadline to October 1 instead of December 31. The renewal period would begin on August 1 and run through September 30. For Introduction (A17) Ordinance 16-O-19, Amending Portions of City Code Title 7, “Public Ways”, Chapter 2 “Streets, Sidewalks and Public Ways”, Section 9 “Encumbrances, Encroachments and Obstructions” Staff recommends City Council adoption of Ordinance 16-O-19 by which the City Council would amend Title 7, Chapter 2, Section 9 of the City Code related to the Encumbrances, Encroachments and Obstructions of the Public Ways. For Introduction 5 of 611 City Council Agenda April 22, 2019 Page 6 of 9 (A18) Ordinance 17-O-19, Amending Portions of City Code Title 8, “Health and Sanitation”, Chapter 4 “Municipal Solid Waste”, Section 8 “Designation of Collection Site; Collection Agent” Staff recommends City Council adoption of Ordinance 17-O-19 by which the City Council would amend Title 8, Chapter 4, Section 8 of the City Code related to the Designation of Collection Site; Collection Agent. Language is being added to make it clear that property owners are responsible to clear snow and ice around trash receptacles so that the trash can be properly and safely collected. For Introduction (A19) Ordinance 39-O-19, Amending Portions of City Code Title 7, “Public Ways,” Chapter 15 “Board of Local Improvements” Staff recommends City Council adoption of Ordinance 39-O-19 by which the City Council would amend Title 7, Chapter 15, Section 7 of the City Code related to the Special Assessment procedures for alley improvements. For Introduction (A20) Ordinance 43-O-19, Adding Regulations to the City Code to Address Erosion and Sediment Controls for Construction Sites Staff recommends the adoption of proposed ordinance 43-O-19 by which the City Council would add Chapter 23 “Erosion and Sediment Controls on Construction Sites” to Title 4 “Building Regulations.” For Introduction (A21) Ordinance 33-O-19, Amending a Definition within Title 4, Chapter 20 that Addresses the Frequency of Heavy Precipitation Events Based on a Recent Illinois State Water Survey Staff recommends City Council adoption of Ordinance 33-O-19 by which the City Council would amend Title 4, Chapter 20, related to the definition of Bulletin 70, a document published by the Illinois State Water Survey regarding the frequency distributions of heavy precipitation in Illinois. For Introduction (A22) Resolution 44-R-19, Amending the City of Evanston Budget Policy Staff recommends City Council adoption of Resolution 44-R-19 amending the City of Evanston Budget Policy to state that Tax Supported General Obligation Debt shall not exceed $160,000,000 in aggregate principal amount. For Action 6 of 611 City Council Agenda April 22, 2019 Page 7 of 9 (A23) Ordinance 27-O-19, Authorizing 2019 A&B General Obligation Bonds Staff recommends adoption of Ordinance 27-O-19 providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. The ordinance was introduced at the City Council meeting on April 8, 2019. The final terms of the bonds will be approved by the Designated Officers under the ordinance after the bond sale, which is scheduled for May 16, 2019, by completion of the bond order as authorized by the bond ordinance. Staff plans to return to the City Council at its December 9, 2019 City Council meeting with additional amendments to the budget policy reducing the debt limit back to $152 million and add language indicating that this limit is measured with outstanding indebtedness annually on December 31. For Action (A24) Ordinance 28-O-19, To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1524 Staff recommends City Council adopt Ordinance 28-O-19 allowing the paving of the alley north of Simpson Street and east of McDaniel Avenue through the Special Assessment Process. Funding will be from the Capital Improvement Program (CIP) 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419001), which has $250,000 budgeted in FY 2019; and the Special Assessment Funds (Account 420.26.6000.65515 – 419001), which has $408,000 budgeted in FY 2019. For Action (A25) Ordinance 29-O-19, Updating City Code Section 10-4-16-2(A) Vehicle Parking Permits Staff recommends City Council adoption of Ordinance 29-O-19, amending City Code Section 10-4-16 changing the payment for parking permits from quarterly to monthly and allowing for the stickerless enforcement of the City-operated surface parking lots. For Action 7 of 611 City Council Agenda April 22, 2019 Page 8 of 9 PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 112-O-18 Granting Major Zoning Relief for Building Lot Coverage, Setbacks, and Open Parking at 2626 Reese Ave. The Zoning Board of Appeals recommends denial of Ordinance 112-O-18 for major zoning relief for the following: 42.5% building lot coverage where a maximum 30% is allowed; 3’ south interior side yard setback where 5’ is required for the principal structure; and 3.5’ street side yard setback where 15’ is required for the principal structure, 8.5’ street side yard setback where 15’ is required for a deck, a 10’ street side yard setback where 15’ is required for a detached garage, and a 1’ street side yard setback where 15’ is required for open parking. The Zoning Board of Appeals determined the proposal does not meet all Standards for Major Variation, specifically that the proposal would result in a substantial adverse impact on the use, enjoyment or property values of adjoining properties, and that the requested variations are not the least deviation from the applicable regulations among the feasible options identified. The applicant submitted revised plans on February 10, 2019 that meets staff’s recommendation by reducing the bulk to a 1.5 story house and reducing the building lot coverage by removing an open parking space, which creates a variation for providing less than two required parking spaces. For Introduction (P2) Ordinance 32-O-19, Granting a Special Use and Zoning Relief for an Automobile Service Station and Convenience Store at 140 Chicago Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 32-O-19 granting special use approval and major zoning relief to reconstruct an Automobile Service Station, Mobile, a Convenience Store, and for a 21’ two-way drive aisle where 24’ is required, at 140 Chicago Ave in the C1 Commercial District. The applicant has complied with all zoning requirements and meets all of the standards for a special use and variation for this district. Alderman Rainey request suspension of the rules for Introduction and Action at the April 22, 2019 City Council meeting. For Introduction and Action (P3) Ordinance 18-O-19, Amending City Code Section 6-15-14-7, “Active Ground Floor Uses” Plan Commission and staff recommend adoption of Ordinance 18-O-19, amending the Zoning Ordinance Section 6-15-14-7 to revise the listing of appropriate ground floor uses in the Central Street Overlay District. For Action 8 of 611 City Council Agenda April 22, 2019 Page 9 of 9 (P4) Ordinance 30-O-19, Granting a Special Use Permit for a Planned Development at 2425 Oakton Street The Plan Commission and staff recommend adoption of Ordinance 30-O-19 for approval of a Planned Development for a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant is seeking one site development allowance for an accessory structure that is 3 ft. from the principal structure where 10 ft. is required. For Action HUMAN SERVICES COMMITTEE (O1) Recommendation and Utilization of Local Employment Program Penalty Funds for Evanston Rebuilding Warehouse Pathways to Union Apprenticeship Program Proposal The Human Services Committee recommends City Council approval to provide financial assistance through the Local Employment Program (LEP) Workforce Reserve Penalty Account totaling $40,000 to Evanston Rebuilding Warehouse and Minority Business Consortium. Funding will be from the LEP Workforce Reserve - Penalty Account (100.41307), with an available fund balance of $71,871.59. For Action (VIII) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (IX) Executive Session (X) Adjournment MEETINGS SCHEDULED THROUGH APRIL 2019 Upcoming Aldermanic Committee Meetings 4/23/2019 7:00 PM Housing & Community Development Act 4/24/2019 6:00 PM Transportation & Parking Committee 4/24/2019 7:30 PM Economic Development Committee 4/29/2019 6:00 PM Special City Council Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 9 of 611 ​REGULAR CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, March 11th, 2019 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Wilson Alderman Suffredin Alderman Rue Simmons (9) Absent: Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 10 of 611 Mayor’s Public Announcements Mayor Hagerty Announcements and 1 Proclamation: ●Colorectal Cancer Awareness Month, March 2019 ●Women in Public Office Day, March 19, 2019 Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz had no announcements. Watch City Clerk’s Communications City Clerk announced Early Voting in Evanston. Early voting runs from March 18 - April 1 at the Civic Center in Room G300. Watch Public Comment Mary Rosinski Stunned by the comments made by Mayor Hagerty. She said 80% of voters wanted the Harley Clarke mansion to be a space where the community could gather. Wants a collaborative effort between the City Council and the community to be made to discuss the mansion. Watch Neil Gambow Asked City Council members to vote in favor of providing funding for a Career Partnership Manager. Watch Jennifer Shadur Thanked City Council for their commitment on listening to other options on preserving the Harley Clarke mansion. She is looking forward to working with city staff to find a sustainable solution for the mansion. Watch Dan Coyne Invited Evanston voters to attend candidate forums for the upcoming school board election. Watch Pablo Castillo Read a letter by Pete Davis, the Assistant Superintendent of Curriculum and Instruction. In the letter, Mr. Davis said providing funding for a Career Partnership Manager is important to help Watch 11 of 611 establish relationships between students, parents and employers here in Evanston. This position is critical in obtaining resources for young adults in Evanston who are looking for a better career paths. James Angleman Supported giving a 2 year lease agreement for a music studio at Gibbs-Morrison Cultural Center Watch Karen Tollenaar Demorest Wanted to encourage City Council members to support funding for a Career Partnership Manager. Said it represents a stronger partnership between Youth Job Center, the Mayor’s Employer Advisory Council and Evanston Township High School. This role will focus on helping ETHS students and graduates up till the age of 25 to help their career choices based on their individual needs. It will also offer support when they need it and working with employers about hiring practices. Watch Brian Brown Encouraged City Council to consider funding the Career Partnership Manager position. This will give students an additional source of assistance both at a local and national level. Watch Kevin Brown Community Services Manager for the Parks & Recs. Department asked City Council to support the career partnership position. Said the position will help tackle workforce development and community concerns pertaining to the youth in Evanston. Watch Darlene Cannon Invited City Council members to attend the Harley Clarke community meeting on April 4, 2019, in the Parasol Room from 6:30-8:30 Watch Misty Witenberg Expressed her concerns over the city’s compliance to FOIA law. Said the Law Department is wrongly withholding records for the City Clerk, who is the designated FOIA officer. Watch Doreen Price Read a letter in which she encourages the youth and young adults in Evanston to pursue careers that can help grow the city of Evanston and help create a more inclusive area to live for people of all backgrounds. Watch Bennett Johnson Agreed with a few points made by Mayor Hagerty on the preservation of the Harley Clarke mansion. One weakness he pointed out was the year and a half timelin being proposed in order to get the community involved. He said there are already several groups in the community that are heavily involved. Said that the purpose of these discussions are to preserve a piece of the community. Watch Bob Cruz Invited City Council and staff to participate in the upcoming Harley Clarke community meeting. He believes this will help residents see which staff members are interested in growing the discussion of preserving the mansion. Watch 12 of 611 Albert Gibbs Read a letter which listed Evanston NorthShore NAACP as giving their support to the Harley Clarke mansion community efforts. The letter also shared support for equal access to the mansion for all minorities. Wants development of the lakefront mansion to be a priority to the City Council. Hopes future programs at the mansion will consider minorities of different backgrounds for inclusion. Watch Pricilla Giles Stated that the Plan Committee had no reference about homes between Wesley and Jackson on Emerson St. being already sold and the future homes not becoming affordable for any residents currently living in the area. Watch Madelyn Ducree Shared her views on sanctuary cities and Evanston being named a sanctuary city. Believes City Council members didn’t have to single out the undocumented people. Blames elected officials for profiling and stop-and-frisk in the city. Watch Special Order of Business (SP1) ​Harley Clarke Mansion At the Special City Council meeting of February 4, 2019, Alderman Wilson requested City Council consideration of a proposal for the use of the Harley Clarke Mansion. Staff requests City Council discuss the future of the Harley Clarke Mansion at the March 11, 2019 meeting, and provide staff with direction. Motion for staff to prepare RFP similar to the previous RFP where the City maintains ownership of the land, with a 9 month timeframe where the recipient is not required to be a not-for-profit. Additionally, the review/evaluation committee should include members of the public, and the proposal can include uses for the main house, coach house or both. Passed 5-4​ Ald. Simmons, Rainey, Fiske and Braithwaite voted “No” For Discussion Will return on April 15, 2019 Motion: Ald. Wilson Watch 13 of 611 Consent Agenda (M1) ​Approval of the Minutes of the Regular City Council Meetings of February 25, 2019 and March 2, 2019. For Action Approved on Consent Agenda Motion: Ald. Suffredin Watch (A1)​ Payroll – February 4, 2019 through February 17, 2019 $3,122,700.75 (A2) ​Bills List – March 12, 2019 $ 3,030,105.51 Credit Card Activity (not including Amazon purchases) - Period Ending January 26, 2019 $ 153,068.53 For Action Approved on Consent Agenda (A3)​ Amazon Credit Card Activity –Ending January 26, 2019 $ 5,574.50 For Action Passed 8-0-1 ​Ald. Suffredin abstained Watch (A4) ​Contract with Chicagoland Paving for Lovelace Park – Tennis Court Rehabilitation City Council authorized the City Manager to execute a contract for the Lovelace Park – Tennis Court Rehabilitation with Chicagoland Paving (225 Telser Rd., Lake Zurich, IL 60047) in the amount of $124,000.00. This contract is part of a bid advertised by the Municipal Partnering Initiative (MPI). Funding will be provided from the CIP Fund 2019 General Obligation Bonds (Account 415.40.4119.65515 – 518006), which has a budget allocation of $250,000, all of which is remaining. For Action Approved on Consent Agenda (A5) ​Contract with Landscape Concepts Management, Inc., for Green Bay Road Landscape Maintenance City Council authorized the City Manager to execute a contract for the 2019 Green Bay Road Landscape Maintenance contract to the low bidder, Landscape Concepts Management, Inc., (31745 Alleghany Rd., Grayslake, IL, 60030) in the amount of $25,117.30. Funding for this project 14 of 611 is included in the proposed FY 2019 General Fund budget (Account 100.40.4330.62195), which has a total allocation of $142,000.00. For Action Approved on Consent Agenda (A6) ​Contract with Cleanslate Chicago, LLC, for 2019 Mowing Services City Council authorized the City Manager to execute a contract award for the 2019 Mowing Services to the low bidder, Cleanslate Chicago, LLC (1540 South Ashland, Chicago, IL), in the amount of $30,896.25. Funding for this project is included in the proposed FY 2019 General Fund budget (Account 100.40.4330.62195), which has a total allocation of $142,000.00. For Action Passed 9-0 Watch (A7) ​Contract with Visu-Sewer of Illinois, LLC for the 2019 CIPP Sewer Rehabilitation Contract A Project City Council authorized the City Manager to execute a contract for the 2019 CIPP Sewer Rehabilitation Contract A (Bid No. 19-01) with Visu-Sewer of Illinois, LLC (9014 S Thomas Avenue, Bridgeview, IL 60455) in the amount of $332,121.00. Funding for this project is from Sewer Fund (Account No. 515.40.4535.62461–419004), which has an FY 2019 budget of $700,000 for this work, all of which is remaining. For Action Approved on Consent Agenda (A8) ​Sole Source Purchase of Hot Mix Asphalt from Builders Asphalt City Council authorized the City Manager to execute a oneyear single source contract for the purchase of Hot Mix Asphalt with Builders Asphalt (4413 Roosevelt Road Suite 108, Hillside, IL 60162) in the amount of $48,700. Funding will be provided by three separate accounts, which are detailed on the corresponding transmittal memorandum. For Action Approved on Consent Agenda (A9) ​Sole Source Contract for Purchase of Concrete and Flowable Fill with Ozinga Ready Mix Inc. City Council authorized the City Manager to execute a one year single source contract for the purchase of concrete and flowable fill with Ozinga 15 of 611 Ready Mix Concrete Inc. (2222 South Lumber Street, Chicago, IL) in the amount of $45,000. Funding will be provided by three separate accounts, which are detailed on the corresponding transmittal memorandum. For Action Approved on Consent Agenda (A10) ​Purchase/Lease of City Vehicles City Council approved the purchase of eight (8) vehicles for operations in the Public Works Agency and Administrative Services Department and the lease of four (4) vehicles for operations in the Administrative Services Department. The following vehicles will be purchased: two (2) 2019 Ford Pickups from Currie Motors Fleet (10125 W. Laraway, Frankfort, IL 60423) in the amount of $81,384.00; one (1) John Deere Tractor from Buck Bros., Inc. (29626 N. Highway 12, Wauconda, IL 60084 in the amount of $47,703.03; two (2) Vermeer Chippers from Vermeer-Illinois, Inc. (2801 Beverly Drive, Aurora, IL 60504) in the amount of $154,480.00; one (1) Falcon Asphalt Recycler/Hot Box from Midwest Paving Equipment, Inc. (575 DuPage Blvd., Suite 2387, Glen Ellyn, IL 60137) in the amount of $40,473.00; one (1) Hamm Roller from Roland Machinery Co. (816 N. Dirksen Parkway, Springfield, IL 62702 in the amount of $69,280.00; and one (1) 2019 Ford Transit Connect Van from Kunes Country Ford of Antioch (104 Route 173 W. Antioch, IL 60002) in the amount of $21,707.00. The following vehicles will be leased to own: four (4) 2019 Nissan Rogue SUVs from Nissan Autobarn of Evanston (1012 Chicago Ave, Evanston, IL 60202) in the amount of $107,091.36 (to be spread out over 3 years). Funding will be from the Equipment Replacement Funds (Account 601.19.7780.65550 and Account 601.19.7780.62402) and the Parking Fund (Account 505.19.7005.65070). Further details can be found on the corresponding transmittal memorandum. For Action Approved on Consent Agenda (A11) ​Service Provider Agreement with YWCA Evanston/North Shore Staff recommends City Council authorized the City Manager to sign a six-month Service Provider Agreement with the YWCA Evanston/North Shore (1215 Church Street, Evanston, IL), which will cost $75,000. The service agreement will supplement current victim services with training for law enforcement, 24 hour crisis intervention, and set aside 2 beds for a victim of Domestic violence. Funds will be provided from the Health and Human Services–Service Agreements Fund (Account 100.24.2445.62509), with a YTD budget and balance of $75,000. The City Council previously approved to fund two current full time victim advocate positions for six months, and eliminates one vacant victim advocate position. Watch 16 of 611 For Action Passed 7-2 ​Ald. Fiske and Fleming voted “No” (A12) ​Sole Source Agreement with Robothink, LLC for Youth Classes and Camps City Council approved the sole source agreement with Robothink, LLC (37 Sherwood Ter., Suite 122, Lake Bluff, IL 60066) for instruction of youth robotic and coding classes and camps. Instructional expenses are paid from the Chandler-Newberger Fund (Account 100.30.3035.62505), which has a $125,900 budgeted allocation. Compensation for the vendor is based on the following amount of revenue collected. For 2019, staff is projecting $29,000 in revenues and $22,000 in expenses. For Action Approved on Consent Agenda (A13) ​2019 Non-Park Special Events City Council approved the 2019 non-park special events, contingent upon compliance of all requirements as set forth by the Special Event Policy & Guidelines. Costs for city services provided for events require a 100% reimbursement from the sponsoring organization or event coordinator. These fees are waived for City events and City co-sponsored Events. For Action Approved on Consent Agenda (A14) ​Resolution 22-R-19, Nine Month Lease for Studio 109 at Noyes Cultural Arts Center City Council approved Resolution 22-R-19 authorizing the City Manager to enter into an agreement for a nine (9) month lease term with new tenants and Evanston residents, Jane Rickard and Rimma Mitchell, to lease studio 109 at the Noyes Cultural Arts Center. For Action Approved on Consent Agenda (A15) ​Resolution 23-R-19, Nine Month Lease for Studio B12 at the Noyes Cultural Arts Center City Council approved Resolution 23-R-19 authorizing the City Manager to enter into an agreement for a nine (9) month lease term with new tenant and Evanston resident Tina Rohde, to lease vacant studio B12 at the Noyes Cultural Arts Center. 17 of 611 For Action Approved on Consent Agenda (A16) ​Resolution 17-R-19, One-Year Lease Agreement for Office Space at the Lorraine H. Morton Civic Center City Council adopted Resolution 17-R-19 authorizing the City Manager to negotiate the lease of office space with Mental Health America of the North Shore (MHA) at the rate of $142.50 per month for 12 months beginning April 2, 2019 for 142.5 square feet of space on the ground floor of the Lorraine H. Morton Civic Center, Suite G204. For Action Approved on Consent Agenda (A17) ​Resolution 24-R-19, One-Year Lease Agreement for the Apartment located at 1223 Simpson Street City Council adopted Resolution 24-R-19, authorizing the City Manager to execute a lease between the City of Evanston and Diane Kerston and Omar Lockhart for 12 months beginning May 1, 2019 through April 30, 2019 for the apartment located at 1223 Simpson Street. The monthly rent will be $1,500 per month. For Action Approved on Consent Agenda (A18) ​Resolution 18-R-19, Loan Agreement with Police Chief, Demitrous Cook City Council adopted Resolution 18-R-19 approving a loan to Police Chief, Demitrous Cook. Funding will be from the General Fund (Account 100.12230). As this is a loan, the expense is being booked to a receivable account and the money will be repaid into the same account upon his departure. For Action Approved on Consent Agenda (A19) ​Ordinance 19-O-19, Sale of Surplus Property Fleet Vehicles City Council adopted Ordinance 19-O-19, directing the City Manager to offer the sale of vehicles owned by the City through public auction at the Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on Tuesday, March 26, 2019 or any other subsequent America’s Online Auction. These vehicles have been determined to be surplus as a 18 of 611 result of new vehicle replacements being placed into service or vehicles that had to be taken out of service for safety reasons with the intention of eventual replacement. For Introduction Approved on Consent Agenda (A20) ​Grant Agreement with Youth Job Center to Provide Funding for a Career Partnership Manager City Council authorized the City Manager to sign a grant agreement with the Youth Job Center to provide funding in the amount of $90,000 to help cover the costs of a Career Partnership Manager. The position will help facilitate the partnership between the Youth Job Center, the Mayor’s Employer Advisory Council, Evanston Township High School and other community partners who are dedicated to supporting youth and young adults. Funding will be from the Good Neighbor Fund – Other Program Costs (Account 180.99.1800.62490), with FY18 budget of $370,000. For Action Passed 5-4 ​Ald.Suffredin, Simmons, Fleming, and Fiske voted “No” Watch (A21) ​Ordinance 6-O-19, Sale Contract for City Owned Real Property Located at 1729 Dodge Avenue to Evanston Township High School District No. 202 City Council approved Ordinance 6-O-19 authorizing the City Manager to execute a sale contract for City-owned real property located at 1729 Dodge Avenue to Evanston Township High School District No. 202 for affordable housing. A two-thirds majority is required for adoption of this ordinance. For Action Approved on Consent Agenda (A22) ​Ordinance 15-O-19, Amending Portions of City Code Title 7, “Public Ways,” Chapter 8 “Trees and Shrubs” City Council adopted Ordinance 15-O-19, which will amend portions of City Code Title 7, “Public Ways” Chapter 8, “Trees and Shrubs” to correct staff title updates and clarifying public parkway allowed plantings. Motion to amended Section 7-8-1-1 to include bike lanes. For Action Passed 9-0 Motion: Ald. Fleming Watch 19 of 611 (P1) ​Ordinance 21-O-19, Granting a Special Use to Expand a Craft Alcohol Production Facility, Sketchbook Brewing Co., at 821-823 Chicago Ave. City Council adopted Ordinance 21-O-19 granting special use approval to expand a Craft Alcohol Production Facility, Sketchbook Brewing Co., at 821-823 Chicago Ave. in the C1a Commercial Mixed-Use District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. For Introduction and Action Approved on Consent Agenda Watch (P2) ​Ordinance 22-O-19, Special Use Permit for a Planned Development at 910- 938 Custer Avenue and Amending Zoning Map City Council adopted Ordinance 22-O-19 for approval of a Map Amendment to Rezone from the MUE Transitional Manufacturing-Employment District to the MXE Mixed-Use Employment District and a Special Use for a Planned Development for 40 single family attached townhomes in five standalone buildings that feature interior courtyards, two-car attached garages per dwelling unit, and building height of four stories. The proposal includes six Site Development Allowances. For Introduction Approved on Consent Agenda (O1) ​Resolution 15-R-19, Designating the Portion of Church Street between Hartrey Avenue and Grey Avenue with the Honorary Street Name Sign, “Tina Lifford Way” City Council adopted Resolution 15-R-19, naming the portion of Church Street between Hartrey Avenue and Grey Avenue with the Honorary Street Name Sign, “Tina Lifford Way.” Three street signs are made for the honoree at a total cost of $200. One sign is installed at each end of the designated one block area and the third sign is given to the honoree. Funds for these honorary street name signs will come from the Traffic Operations' Materials Fund (Account 100.40.4520.65115), which has a budget of $58,000 and a YTD balance of $55,000. For Action Approved on Consent Agenda Motion: Ald. Fleming Watch 20 of 611 (O2) ​Resolution 16-R-19, Twenty-Four Month Lease for Music Studio Space at Gibbs-Morrison Cultural Center City Council adopted Resolution 16-R-19 authorizing the City Manager to enter into an agreement for twenty-four (24) month lease terms with Avengerz Music Group LLC for music studio space at Gibbs-Morrison Cultural Center. For Action Passed 8-0-1 ​Ald. Rue Simmons abstained Watch (O3) ​Applications for the Evanston Great Merchants Grant Program City Council approved to provide financial assistance through the Great Merchants Grant Program, totaling $51,443, to the following Evanston business districts and affinity groups: Central Street Business Association – $10,000; West End Business Association – $7,624; Howard Street Business Association – $6,900; West Village Business Association – $5,520; Hill Arts Business District – $3,675; Central Evanston Business Association – $5,224; Foster/Maple Business District – $10,000; and Black Business Consortium Evanston North Shore – $2,500. Economic Development staff and the Economic Development Committee also recommend approval to execute a contract with Herrera Landscape Snow Removal (8836 Lincolnwood Dr., Evanston, IL 60203) for the amount of $31, 600 to deliver landscaping services to the business districts. Staff recommends utilizing the Business District Improvement Program (Account 100.15.5300.62662), which has a budget of $150,000. For Action Approved on Consent Agenda (O4) ​Entrepreneurship Support Program Application City Council approved financial assistance through the Entrepreneurship Support Program totaling $2,500 to Nelson Career Curators. The Economic Development Business District Improvement Program (Account 100.15.5300.62662). The approved 2019 Fiscal Year Budget allocated $150,000 to this account. For Action Approved on Consent Agenda 21 of 611 (O5)​ Evanston Development Cooperative Request for Financial Assistance City Council approved $60,000 in Community Development Block Grant (CDBG) funding to the Evanston Development Cooperative. Funding source is from CDBG 215.21.5260.63035, Direct Financial Assistance to Businesses. The City has $60,000 allocated for Economic Development activities in its draft 2019 Action Plan, comprising $10,000 in unexpended funding from CDBG Program Year 2015 and $50,000 allocated in 2018. For Action Approved on Consent Agenda Call of the Wards Ward 1: No Report Watch Ward 2: Ward meeting on Thursday, March 14 at 7 p.m. at District 65. Black Business Consortium of Evanston/Northshore will host their 4th annual tour of black Evanston businesses on March 20, 2019. Watch Ward 3: No Report Watch Ward 4: No Report Watch Ward 5: City Manager Bobkowicz on behalf of Ald. Rue Simmons informed residents about the upcoming ward meeting on March 13 at 7 p.m. at the Civic Center. Watch Ward 6: Encouraged residents to visit 2600 Crawford Ave to view the Hotdog Island display Watch Ward 7: No Report Watch Ward 8: 5th Anniversary of Peckish Pig. Meeting on March 13 for residents on the waiting list for Lot 18 Watch Ward 9: Expressed her condolences to the family of the young man killed in Evanston. Thanked the police for their response of the case. Watch 22 of 611 Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. Ald. Wilson led City Council into Executive Session. A roll call vote was taken and by a unanimous vote (9-0) City Council recessed into Executive Session. 23 of 611 ​REGULAR CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, March 18th, 2019 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Wilson Alderman Suffredin Alderman Rue Simmons (9) Absent: Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 24 of 611 Mayor’s Public Announcements Mayor Hagerty congratulated ETHS boys and girls basketball team for winning their respective conference title. The boys basketball team placed 2nd in the State. Talked about the success of this year's Mayor Summer Youth program, which had over 84 employers signed up and over 500 students that attended. Mayor Hagerty had two Proclamations: ●Evanston North Shore Bird Club - 100th Anniversary ●National Public Health Week, April 1 – 7 Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz had no announcements Watch City Clerk’s Communications City Clerk Reid announced the start of Early Voting. Early Voting will take place from March 18 - April 1 at 2100 Ridge Ave. in Room G300. Watch Public Comment Marcia Kuhr Spoke about the Proposed office building development at 1714-1720 Chicago Ave. Watch Carl Klein Opposed the development at 1714-1720 Chicago Avenue. Watch Michelle Sweeney Opposed the parking lot development which will have a profound impact on the surrounding businesses and living spaces. Watch Melanie Cody Read a letter from the Evanston Index of 1910 Watch 25 of 611 Austin R Sherer Opposed the development at 1714 Chicago Ave. Said the proposal lacks public benefits and subjects the city to significant liability. Watch Mike Vasilko Asked City Council members to hold ward meetings for the Robert Crown Center. Believes some Alderman should recuse themselves from voting on Robert Crown Center because of the personal interests. Watch Dan Coyne Invited the community to attend the League of Women Voters forum at ETHS for the candidates running for the school board. Watch Bruce Enenbach Shared his opposition to the Robert Crown Center. Watch Glen Madeja Executive Director for the Frances Willard House Museum, which raised $500,000.00 to invest in the museum. The WCTU will be taking a vote in September on giving the property to the Center of Women's History and Leadership. The facility will be rented to women business and make it a women's entrepreneurial business site. Their mission is to inspire all women in their leadership roles. Watch James Angleman Wanted City Council to purchase the ice resurfacing material for the Robert Crown Center. Watch Bryan Whiting Wanted City Council to find a solution that would all developers to create more office spaces around the proposed development at Chicago Ave. Watch R Razz Jenkins Wanted to remind the audience of the upcoming election and the candidates for the school board election. Watch Doreen Price Spoke about City Council Goals. Wants to see Ordinances and procedures to align with City Councils Equity and Housing goals. Watch Misty Witenberg Asked City Council to consider the contingencies associated with the funding for Robert Crown. Named a few organizations who listed contingencies associated with their donations towards the Robert Crown Center. Watch John Jarger Spoke about the proposed development project at 1714-1720 Chicago Avenue. Watch Don Flayton Opposed the 1714-1720 Chicago Avenue development because of the lack of public parking available to the public. Watch Lori Osborne Asked City Council questions that would help them make a better decision for the proposed development at Chicago Ave. Watch Mary Rosinski Wanted the public to receive a clear presentation of the Robert Watch 26 of 611 Crown Center and the cost for Evanston taxpayers. Sarah Schastok Spoke about the proposed development project at 1714-1720 Chicago Avenue. Watch Ray Friedman Because of the current fiscal deficit the city is facing, Mr. Friedman would like the city to be more responsible with taxpayer money. Watch Evelyn McGowan Spoke about the proposed library parking lot development. Believes there are better areas suited for this type of project that would help conserve the landscape. Watch Kiera Kelly Stated that the current open parking lot at the library is the last convenient place where residents can park and reach various places within walking distance in downtown Evanston. Asked City Council to reject the proposal for housing development. Watch Special Order of Business (SP1) ​Robert Crown Community Center, Ice Complex and Library Project Update Staff will present City Council with an update on the Robert Crown Community Center, Ice Complex and Library project. For Action Received and Placed on File Watch (SP2) ​Purchase of One Ice Resurfacer for Ice Rink Operations at the Robert Crown Center from Frank J. Zamboni & Co., Inc. City Council approved the purchase of one ice resurfacer, a 2019 Zamboni 552AC, for ice rink operations at the Robert Crown Center from Frank J. Zamboni & Co., Inc. (15714 Colorado Avenue, Paramount, CA 9723) in the amount of $143,425.50. Funding for the purchase will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount Motion: Ald. Rainey Watch 27 of 611 of $143,425.50, which has a budgeted amount of $1,622,977. For Action Passed 9-0 (SP3) ​Ordinance 4-O-19, Map Amendment and Planned Development, 1714-1720 Chicago Avenue The Plan Commission and staff recommend denial of Ordinance 4-O-19 for approval of a Map Amendment from the R6 General Residential to the D3 Downtown Core Development District and a Planned Development for a 13-story office building with 112 on-site parking spaces. Passage of the Map Amendment shall require a favorable vote of three-fourths (3/4) of all the Aldermen per City Code 6-3-4-7 because a petition signed and acknowledged by 30% of owners of property within 500-feet of the subject property was submitted to the City. Revised plans include: approval to construct a new eleven (11) story one hundred ten (110) foot eight (8) inch tall office building, excluding 32 feet 6 inches of parking levels, consisting of approximately 130,000 gross square feet of office space, with seventy six (76) parking spaces. For Action Failed 5-4​ Ald. Revelle, Wynne, Wilson and Suffredin voted “No” Motion: Ald. Fiske Watch (SP4) ​Resolution 26-R-19, Authorization of Third Amendment to the Real Estate Sale Agreement to provide for a Right of Reverter The City Council directed staff to negotiate a right of reverter to ensure that the development is constructed with subject approved plan and enclosed for adoption is Resolution 26-R-19, authorization of Third Amendment to Real Estate Sale Contract. Additionally, Alderman Wilson requested information from the Applicant during the February 25, 2019 Council meeting. The request was for the applicant to provide ownership information for the developer. For Action Item not voted on due to failure of SP3 (SP5) ​City Council Goals Staff requests that City Council discuss implementation of 2019-2020 City Council goals. For Discussion 28 of 611 Moved to a future meeting (SP6) ​Ordinance 19-O-19, Sale of Surplus Property Fleet Vehicles City Council adopted Ordinance 19-O-19, directing the City Manager to offer the sale of vehicles owned by the City through public auction at the Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on Tuesday, March 26, 2019 or any other subsequent America’s Online Auction. These vehicles have been determined to be surplus as a result of new vehicle replacements being placed into service or vehicles that had to be taken out of service for safety reasons with the intention of eventual replacement. For Action Passed 8-0 Motion: Ald. Wilson Watch (SP7) ​2018 Consolidated Annual Performance and Evaluation Report for the City’s Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Programs City Council approved the 2018 Consolidated Annual Performance and Evaluation Report (CAPER). The CAPER is posted on the City website at cityofevanston/caper The CAPER must be submitted to the Chicago Field Office of the U.S. Department of Housing and Urban Development by March 31, 2019. For Action Passed 8-0 Motion: Ald. Braithwaite Watch (SP8) ​2019 Special Events in City Parks City Council approved the 2019 special events proposed in city parks, contingent upon compliance of all requirements as set forth by the Special Event Policy & Guidelines. This year’s calendar includes one new park event (1 Million Steps for OCD Walk). Costs for city services provided for events require a 100% reimbursement from the sponsoring organization or event coordinator. These fees are waived for City events and City co-sponsored Events. For Action Passed 8-0 Watch 29 of 611 Call of the Wards Ward 1: No Report Watch Ward 2: Students 16 up are invited to a job fair at the Levy Senior Center on May 23 from 3-6 p.m. Lastly, thanked students and members of Council who supported the Chessman Club. Watch Ward 3: No Report Watch Ward 4: No Report Watch Ward 5: Encouraged everyone to attend the Evanston Property Tax Appeal Seminar on March 21. Watch Ward 6: Fritz Kaegi will headline the Three Crowns annual meeting on March 28 at 7 p.m. Space is limited for the first 150 people. Watch Ward 7: Invited the community to the American Legion building on Sunday, March 31 from 2-5 p.m. for a celebration. Watch Ward 8: No Report Watch Ward 9: Encouraged residents to attend Evanston Property Tax Appeal Seminar on Thursday, March 21, 2019 at 6:30 p.m. in Room 2800. Attended a memorial service at Connection for the Homeless for those who passed away and asked residents to be considerate of those less fortunate in the community. Recognized ETHS student Quinn Hughes for his amazing performance during his debate tournament. Watch Adjournment 30 of 611 Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. 31 of 611 ​SPECIAL CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, April 1st, 2019 Present: Alderman Fiske Alderman Revelle Alderman Braithwaite Alderman Rainey Alderman Wynne Alderman Fleming Alderman Wilson Alderman Suffredin (8) Absent: Alderman Rue Simmons (1) Presiding: Mayor Pro tempore Don Wilson Devon Reid City Clerk 32 of 611 Mayor’s Public Announcements Mayor Hagerty had no announcements. Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz has no announcements. Watch City Clerk’s Communications City Clerk Reid gave an update to Early Voting in Evanston Watch Public Comment Mike Vasilko Spoke about the turf product being used for the Robert Crown Center. Said the city needs to direct the contractor to hold the purchase of the material because of the dangerous chemicals within the material Watch Eric Paset Owner of Northshore Apartments and Condos who shared his concerns over the new assessment value. In order for them to recuperate lost revenue, they need to increase rent by 5-10 percent. Said this increase in taxes will cause vacant properties to increase in downtown Evanston. Watch Ray Friedman Wanted to know how the money tied in the municipal bonds affect property taxes in Evanston. Said he has not received a response yet from the city. Said he isn’t opposed to the development of projects in Evanston, as long as there is money to fund the projects without increasing property taxes. Watch Bennett Johnson Invited City Council members to the Harley Clarke Committee meeting to listen to speakers on different perspective on how to raise funds for the preservation of historical buildings. Watch Betty Esther Said the community needs ample time to speak with City Council members about issues they care about. When City Council doesn’t adhere to the recommendation of the various committees, the residents should be given more opportunity to persuade City Council Watch 33 of 611 members on their votes. Clare Kelly Said the city paid over $800,000 to hire a fundraiser to raise money for the Robert Crown Center. Wanted to know the amount of money was raised and where the money is located. To date she has not received an answer and is asking the City Manager’s Office for a response to her question. Watch Mary Rosinski Wanted complete financial disclosure and transparency for the Robert Crow Center. Shared her concerns over the increasing property taxes to pay off the debt in Evanston. Watch Dan Coyne Read a letter about his experience during a recent public comment during the Ridgeville Park District Commissioner meeting. In the letter, he reads about Ald. Rainey’s disperaging remarks towards African-American residents saying “Any black person who wants a port-a-pottys in their back yard is stupid” She went on to suggest raising property taxes via referendum. When speaking about Vice-President Rob Bady, Ald. Rainey went on to say “doesn’t wear big boy pants in his hole as Vice President of the Board... he’s sat on his big boy bottom for the past 6 years doing nothing” Implored City Council to censor Ald. Rainey for her remarks and hopes there can be better methods implemented to govern the city. Watch Doreen Price Complained about Executive Session items not being listed on the agenda. Wants an independent officer for the Open Meetings Act. Thanked Ald. Fiske for wanting procedures to be done more effectively. Watch 34 of 611 Call of the Wards Ward 1: No Report Watch Ward 2: No Report Watch Ward 3: Office hours 7-10 a.m. on April 4. Watch Ward 4: Sub-committee meeting April 22 at 4:15 p.m. Watch Ward 5: No Report Watch Ward 6: No Report Watch Ward 7: No Report Watch Ward 8: Responded to remarks made by Dan Coyne Watch Ward 9: No Report Watch Adjournment Mayor Pro tempore Don Wilson called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. Ald. Wilson led City Council into Executive Session. A roll call vote was taken and by a unanimous vote (8-0) City Council recessed into Executive Session 35 of 611 ​SPECIAL CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, April 8th, 2019 Present: Alderman Fiske Alderman Suffredin Alderman Braithwaite Alderman Revelle Alderman Wilson Alderman Rainey Alderman Rue Simmons (7) Absent: Ald. Wynne Ald. Fleming (2) Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 36 of 611 Mayor’s Public Announcements Mayor Hagerty read a few highlights from the 2018 Economic Development Report. ●National Fair Housing Month, April 2019 ●National Volunteer Week, April 7-13, 2019 Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz had two announcements: ●Property Tax Assessment Issues ●Recognition of Valli Produce for $250,000 Donation to Robert Crown Watch City Clerk’s Communications City Clerk informed the public of a community event to help save Family Focus. It will take place on Wednesday April 17, 2019 at 5 p.m. There will be a unity walk starting at Simpson & Dodge, then proceeding to Church & Dodge. Afterwards people will grab ice-cream at CNW. Clerk Reid gave a post election snapshot for the April 2, 2019 Consolidated Election. Watch Public Comment Mike Vasilko Mr. Vasilko shared his public comment via phone. He began my apologizing for the increasing tone between citizens and the city. Residents are simply concerned because the raising debt is not sustainable. Asked for the bond sale to be held or cancelled. Wanted a meeting to be scheduled to discuss MOU’s (Memorandum of Understanding) and Letters of Intent. Watch Darlene Cannon Wanted Northwestern and Beacon Academy to offer to pay the second part of the bond installment for the Robert Crown Center. Said the Poor People’s Campaign is about bringing moral renewal to the country. It’s a campaign for economic and social justice. Asked City Council to have a moral renewal and vote in the best interest of the residents of Evanston, not just a few. Watch Trisha Connolly Asked all City Council to state if they have any financial interest with any of the private entities who are preparing Letters of Intent for the Watch 37 of 611 Robert Crown Center. Said that any self interest should be disclosed and acknowledged to the public. Asked any members having interests in the Robert Crown Center to recuse themselves from any matters pertaining to the facility. The Library and Community Center are noble efforts, but the cost will be unsustainable. Meg Welch Talked about the Poor People’s Campaign being a revival of Martin Luther King's group to confront elected officials about the needs of the poor. She is concerned of the bonds for the Robert Crown Center will have an impact in the future. Watch Mary Rosinski Asked for full financial disclosure for the Robert Crown Center. She has submitted several FOIA’s trying to get answers for the millions of dollars being funneled to the Robert Crown Center. Said there was no funding plan in any of the agenda packet for the Robert Crown meetings. Said the only facility that came close in cost was the Blackhawks hockey rink. Watch Lenny Lamkin Talked about the A&B General Obligation Bond Issues. Said the Budget Director failed to answer questions of where the money to pay the bond will arrive from, during the Robert Crown meeting. Supports renovating the Robert Crown Center, but doesn’t believe it should cost 53 million dollars. Watch Clare Kelly Wanted to know how much money the city's fundraiser raised. Said that despite asking the question several times and submitting FOIA’s she has not received an answer. Wants to know where the money is located. She said last year on May 21, 2018 during City Council, the City Manager and staff presented in the packet funding money that had transpired in 2017. Stating the Friends of Robert Crown had donated 2.5 million dollars. This information out to be false and no money had been donated. Wants misrepresentation to stop and transparency to happen regarding this expensive project. Wanted to know how much money the city’s fundraiser raised. Said that despite asking the question several times and submitting Watch Misty Witenberg Stated there was no consideration for public input for the Robert Crown Center. The city issued 50 media releases, e-newsletters and opt-in update emails. There was only 1 community meeting that invited the general public. None of the media released gave residents any notice on the two debt ceiling increase or the tax changes. The projections given exclude 2016-17 bond debt and 2018-19 Series B funding. Watch Betty Ester Talked about the A&B General Obligation Bond Issues. Watch Harris Miller Shared his concerns over the increasing city debt and causing the Watch 38 of 611 Robert Crown Center to increase to 80 million. Said it was inappropriate for City Council to pass another bond sale. Wants Friends of Robert Crown to keep their commitment of 17.5 million rather than the already given 5 million. Evanston should aggressively negotiate the Letters of Intent with private users to secure a large investment while we eliminate 3.1 million in project cost contingencies and 5.6 million in soft cost. Carl Klein Talked about the most recent census data which states the median home values have increased, while the median income has decreased. Said 14% of Evanston households have a household income of over $200,000.00, 36% have a household income under $50,000.00. Close to 63.3% of owner occupied housing are worth less than $500,000.00. 64% of Evanstonians live in multi-unit buildings. Two census tracts located in downtown have a rental buren of 50% which means that half of income goes to housing cost. He understands that municipal bonds must be raised in order to fund special projects, but the interest owed to lenders is paid by taxes levied by the community benefiting from the project. Watch Tina Paden Invited City Council members to attend the 5th Ward meeting were residents will be making a presentation regarding the removal of housing near Emerson and Jackson St. Developers are planning on tearing down the area around Emerson and Jackson St. and this will leave the 5th Ward without affordable housing. This will cause long-term residents to be driven out of their homes. Watch Rose Johnson Has been working with a group to sustain services provided at Foster school. Needs five million dollars to save the building. Watch Junad Rizki Believes there will be a 30-40% tax increase in Evanston. Named Robert Crown, Fountain Square and Howard St. as some of the project responsible for the unforeseen tax increases. Said the City Council members will begin to issue excuses once the election approaches. Watch Steven Vick Asked City Council members to sign a letter to Robyn Gables to support a state capital budget funds for renovations towards Family Focus. Wants the city to look at SDBG funding to be put towards Family Focus. Asked the Mayor to form a leadership committee to convene a group of constituents to solve the problems. Watch Raju Ghate Talked about the Robert Crown Center Watch James Engleman Asked City Council to accept the agreement with Valli Produce for the donation to the ew Robert Crown Community Center. Wanted a room Watch 39 of 611 to be named in their honor as well. Ray Friedman Believes the purpose of the Robert Crown meetings are for residents to have a discussion. Asked questions about the funds allocated for the project. Had an issue with the TEFRA hearing of the bonds because he believes nobody participated in the discussion Watch Priscilla Giles Said the West Side Master Plan created the destruction of the 5th Ward and most recently the 1400 block of Emerson St., displacing many low-income families. Watch Mark Daniel Representative of HPCW for a planned development. Said the project is something staff worked hard over the past 2 years and is seeking approval by City Council. Watch Diane Thodos Stated that most Evanston residents do not want to leave their homes due to an unnecessary escalation of their taxes. Said Northwestern only paid an endowment of one million dollars for purchase of skating time at Robert Crown. Believes City Council members have ignored their responsibility of listening to low-income residents. Watch Dino Robinson Spoke about Family Focus and it’s connection with partnership, equity and engagement. Said it is a facility that tends to be ignored which has established programs, partnerships and equity building effort that benefits around 500 residents year round. It’s in need of resources and at risk of being forgotten. Watch Rich Gallun President of Team Evanston: Evanston Soccer Association a not for profit organization that helps 550 kids a year. Voiced his support of adding 3 turf fields to the new Robert Crown facility. Said most competitive soccer leagues are using turf field. Watch Pete Giangreco Board member of the Friends for Robert Crown Center who thanked Valley Fresh Market for their pledge in donation of $250,000 which brings the total in donations to 12.4 million. 5.4 million of that money is cash on hand. Said if the city chose to delay the project, it would add 4-5% cost annually. If the city delays the project, Friends of Robert Crown will have to return most of the donations. Watch Doreen Price Read an email from Ald. Rue Simmons in which she explains her vote for voting against Robert Crown. Said there needs to be data to monitor the departure of low-income families from the city. Watch Albert Gibbs Is opposed to the A&B General Obligation Bond and believes there is no consideration for the residents of the city. He then claimed Ald. Rainey refered to African-Americans as “stupid”. Watch Stephanie Crewger Supported the remarks made by Albert Gibbs and believes there is Watch 40 of 611 disrespect towards citizens during public comment. She supports a new Robert Crown Center. Said the Village of Glenview passed a $17,000,00.00 and received a bit which included further renovations for the project for $1,000,000.00 under budget. Asked why there is a huge difference in price for similar facilities in both municipalities. Motion to Reconsider Development at 1714-1720 Chicago Ave Motion to suspend the rules Passed 6-1​ Ald. Wilson voted “No” For Action Passed 6-1​ Ald. Wilson voted “No” Motion: Ald. Suffredin Motion: Ald. Fiske Watch Consent Agenda (M1) ​Approval of Minutes of the Regular City Council Meetings of March 18, 2019 and April 1, 2019. For Action Item held until next meeting Motion: Ald. Suffredin Watch (A1) ​Payroll – February 18, 2019 through March 3, 2019 $2,726,667.51 Payroll – March 4, 2019 through March 17, 2019 $2,716,547.89 For Action Approved on Consent Agenda (A2)​ Bills List – April 9, 2019 $8,151,610.90 Credit Card Activity (not including Amazon purchases) - Period Ending February 26, 2019 $189,370.79 For Action Approved on Consent Agenda 41 of 611 (A3)​ Amazon Credit Card Activity – Ending February 26, 2019 $6,998.09 For Action Passed 6-0-1​ Ald.Suffredin abstained Watch (A4) ​Contract with Chicagoland Paving, Inc. for the 2019 Parking Lot Improvements Projects at 717 Howard Street and Parking Lot #51 – Tallmadge Park City Council authorized the City Manager to execute a contract for the 2019 Parking Lot Improvements Project (Bid No. 19-07) with Chicagoland Paving, Inc. (225 Telser Rd., Lake Zurich, IL 60047) in the amount of $422,500.00. Funding will be provided from the Parking Fund in the amount of $410,500.00 and the Sewer Fund in the amount of $12,000.00. If funding becomes available in the Howard-Ridge TIF at a later date, $180,500 will be reimbursed to the Parking Fund. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action Approved 6-1 ​ Ald.Suffredin voted “No” Watch (A5) ​Contract with Hecker and Company, Inc. for Emerson Street Traffic Signals Project City Council authorized the City Manager to execute a contract for the Emerson Street Traffic Signals Project (Bid No. 19-04) with Hecker and Company, Inc. (250 Industrial Lane, Wheeling, IL 60090) in the amount of $968,928.90. Funding will be provided from the CIP Fund 2019 General Obligation Bonds in the amount of $948,928.90 and from fees from the public benefit for the Planned Unit Development located at 831 Emerson Street in the amount of $20,000. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action Approved on Consent Agenda (A6) ​Contract with Terra for Emerson Street Traffic Signal – Construction Engineering City Council authorized the City Manager to execute an amendment to the existing agreement with Terra Engineering, Ltd. (225 West Ohio Street, 4th Floor Chicago, IL 60654) in the not-to-exceed amount of $103,778.00 to provide the Phase III construction services for the Emerson Street Traffic Signal Modernization Project. Funding will be provided from the CIP Fund 2019 General Obligation Bonds in the amount of $39,778.00 and 42 of 611 from fees from the public benefit for the Planned Unit Development located at 1890 Maple Avenue in the amount of $64,000. A detailed summary of the funding can be found on the corresponding transmittal memorandum. For Action Approved on Consent Agenda (A7) ​Contract with Landmark Contractors, Inc. for the Main Street Corridor Improvement Project City Council authorized the City Manager to execute a contract for the Main Street Corridor Improvement Project (Bid No. 19-05) with Landmark Contractors, Inc. (11916 W. Main St., Huntley, IL 60142) in the amount of $2,062,822.08. Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $900,000; the 2019 General Obligation Bonds in the amount of $1,062,822.08 and the Sewer Fund in the amount of $100,000. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action Approved on Consent Agenda (A8) ​Contract with Stanley Consultants, Inc. for Phase III Construction Services for the Main Street Corridor Improvement Project City Council authorized the City Manager to execute an amendment to the agreement with Stanley Consultants, Inc. (8501 W. Higgins Road, Suite 730, Chicago IL 60631) in the not-to-exceed amount of $269,282.00 to provide the Phase III construction services for the Main Street Corridor Improvement Project. Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $34,000 and the 2019 General Obligation Bonds in the amount of $235,282. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action Approved on Consent Agenda (A9) ​Contract with J. A. Johnson Paving Company for Pavement Patching City Council authorized the City Manager to execute a one year single source contract for pavement patching with J. A. Johnson Paving Company (1025 E. Addison Ct., Arlington Heights, Illinois) in the amount of $650,000. Funding will be from the Capital Improvement Fund 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419009). 43 of 611 $600,000 is allocated for pavement patching in this account. The additional $50,000 funding is available due to a reduced scope of work for pavement rejuvenation which is budgeted at $100,000. Based on field inspections only $50,000 will be needed for this work in 2019. For Action Approved on Consent Agenda (A10) ​Contract with G & L Contractors for 2019 Debris Hauling City Council authorized the City Manager to execute a oneyear contract for debris hauling with G & L Contractors (7401 N St. Louis Ave Skokie, IL) in the amount of $70,000. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Funding for this purchase will be provided by three separate funds (Water, Sewer, and General Funds) as shown in the corresponding transmittal memorandum. For Action Approved on Consent Agenda (A11) ​Contract with G & L Contractors for Purchase of Granular Materials City Council authorized the City Manager to execute a oneyear contract for the purchase of Granular Materials with G & L Contractors (7401 N. St. Louis Ave, Skokie, IL) in the amount of $28,200. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Purchase of materials under this contract will be funded as follows: $14,100 from the Water Fund (Account 510.40.4540.65055), with a YTD balance of $140,400, and $14,100 from the Sewer Fund (Account 515.40.4530.65055) with a YTD balance of $33,400. For Action Approved on Consent Agenda (A12) ​Contract with Patriot Pavement Maintenance for Crack Sealing Services City Council authorized the City Manager to execute a one-year contract for crack sealing services with Patriot Pavement Maintenance (825 Segers Rd., Des Plaines, IL 60016), in the amount of $80,000. This contract award is part of a bid let by the Municipal Partnering Initiative. Funding for this work will come from the General Fund (Account 100.40.4510.62509), with a budget of $80,000. The account has a remaining balance of $80,000. For Action 44 of 611 Approved on Consent Agenda (A13) ​Contract with Precision Pavement Markings, Inc. for Pavement Markings City Council authorized the City Manager to execute a one-year contract for pavement markings with Precision Pavement Markings, Inc. (P.O. Box 705 Elgin IL 60123) in the amount of $110,000. This contract is part of a bid let by the Municipal Partnering Initiative (MPI). Funding for this work will come from the Capital Improvement Fund (Account 415.40.4119.65515-419019), with a budget of $210,000, all of which is remaining. For Action Approved on Consent Agenda (A14) ​Contract with Herrera Landscape and Snow Removal, Inc., for the 2019 Streetscape and Rain Garden Landscape Maintenance City Council authorized the City Manager to execute a contract award for the 2019 Streetscape and Rain Garden Landscape Maintenance and plant replacements to the low bidder, Herrera Landscape and Snow Removal, Inc., Evanston, IL, in the amount of $56,920.00. For Action Approved on Consent Agenda (A15) ​2019 Lakefront Concession Contract Renewal with Krave Concession LLC City Council authorized the City Manager to execute a one year contract renewal between the City of Evanston and Krave Concession LLC for the Arrington Lagoon and Clark Street food & drink stand and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2019 season. Krave Concession LLC is owned by Brian Fogle, 5313 West 123rd Place, Alsip, Illinois 60803. For Action Approved on Consent Agenda (A16) ​Agreement with Evanston Township High School to Supply Lunches for the 2019 Summer Food Program City Council authorized the City Manager to execute an agreement with Evanston Township High School (1600 Dodge Ave, Evanston, IL 60201) to provide lunch meals for the 2019 Summer Food Program in the not-to exceed amount of $3.25 per meal and $3.50 for special diet meals. This is 45 of 611 a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of meals served. Funding for this program is budgeted in business unit 100.30.3050 in various line items. For Action Approved on Consent Agenda (A17) ​Contract with Elevator Inspection Service Co. Inc. for City of EvanstonElevator Inspection Program City Council authorized the City Manager to enter into an agreement with Elevator Inspection Service Co, Inc. (EIS) (745 McClintock Drive, Suite 235, Burr Ridge, IL 60527) for elevator and inspection services from June 1, 2019 – May 31, 2021 with three one-year options to renew. EIS has reiterated their commitment to provide quality services in a timely, well-qualified and resourceful manner. Funding will be from the Building Inspections Service– Elevator Contract Costs (Account No. 100.21.2126.62425) with a FY 19 budget of $4,500. For Action Approved on Consent Agenda (A18) ​Purchase of Four (4) Vehicles for Operations in the City of Evanston’s Public Works Agency and Police Department City Council approved the purchase of four (4) vehicles for operations in the Public Works Agency and the Police Department. The following vehicles will be purchased: one (1) 2019 Ford Pickup with Service Body from Currie Motors Fleet (10125 W. Laraway, Frankfort, IL 60423) in the amount of $42,548.00; one (1) 2019 Peterbilt Dump Truck from in the amount of $208,888.00 and one (1) 2019 Peterbilt 11 Yd. Refuse Truck in the amount of $147,831.00 from JX Peterbilt (42400 Old Highway 41, Wadsworth, IL 60083); and one (1) BMW Motorcycle from Schlossmann Motorcycles of Milwaukee (12011 W. Silver Spring Drive, Milwaukee, WI 53225) in the amount of $32,613.50. Funding for the purchase of these four vehicles will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $431,880.50, which has a budgeted amount of $1,622,977. For Action Approved on Consent Agenda 46 of 611 (A19) ​Collective Bargaining Agreement – International Association of Fire Fighters Local 742 City Council authorized the City Manager to execute a collective bargaining agreement with the International Association of Fire Fighters Local 742, effective January 1, 2019 through December 31, 2022. For Action Approved on Consent Agenda (A20) ​Great Merchant Grant Program – Hill Arts Business Association City Council approved to provide financial assistance through the Great Merchants Grant Program to the Hill Arts Business Association (Hill Arts) for an amount not to exceed $6,325.00. Staff recommends utilizing the Economic Development Business District Improvement Program (Account 100.21.5300.65522). The approved 2019 Fiscal Year Budget allocated $150,000 to this account. To date, $10,841.89 has been spent from this account, leaving $139,158.11 available for expenditure. For Action Approved on Consent Agenda (A21) ​Resolution 21-R-19, Authorizing the City Manager to Negotiate and Execute an Easement Agreement with Evanston Custer LLC City Council adopted Resolution 21-R-19 for an Easement Agreement to increase the usable width of the north-south and east-west alleys that abut the side and rear of 910-938 Custer Ave. to a total width of 20’. This Resolution is in conjunction with Ord. 22-O-19 for a Map Amendment to Rezone from MUE Transitional Manufacturing-Employment District to MXE Mixed-Use Employment District and a Special Use for a Planned Development for 40 single family attached townhomes, which was introduced at City Council on March 11, 2019. For Action Passed 6-1​ Ald. Fiske voted “No” Watch 47 of 611 (A22) ​Resolution 25-R-19, Approving the Settlement and Release of all Claims in Paul Caldwell v. City of Evanston, et al. City Council adopted Resolution 25-R-19 authorizing the City of Evanston to issue a settlement payment pursuant to a settlement agreement and release in Paul Caldwell v. City of Evanston, et al. (Case No. 2017-L-3216). For Action Approved on Consent Agenda (A23) ​Resolution 20-R-19, Memorandum of Understanding with Friends of Robert Crown City Council adopted Resolution 20-R-19 authorizing the City Manager to execute a ten year Memorandum of Understanding (MOU) with the Friends of the Robert Crown Center (FRCC). The MOU memorializes the relationship between the City of Evanston and the volunteer-led fundraising entity and details how the funds raised by FRCC are applied to the Robert Crown Community Center Project construction and debt service. For Action Approved on Consent Agenda (A24) ​Resolution 27-R-19, Authorizing the City Manager to Execute a Gift Agreement with Wintrust Bank for a Donation to the New Robert Crown Community Center City Council adopted Resolution 27-R-19 authorizing the City Manager to execute a naming rights gift agreement with Wintrust Bank (70 W. Madison St., Chicago IL 60602) for a field and a multi-purpose room at the new Robert Crown Community Center. For Action Approved on Consent Agenda (A25) ​Resolution 31-R-19, Execute a Gift Agreement with Valli Produce for the Donation to the New Robert Crown Community Center City Council adopted Resolution 31-R-19 authorizing the City Manager to execute a Gift Agreement with Valli Produce (1910 Dempster St, Evanston IL 60202) for naming rights to the lobby of the new Robert Crown Community Center. 48 of 611 For Action Approved on Consent Agenda (A26) ​Resolution 35-R-19, Amending the City of Evanston Budget Policy City Council approved Resolution 35-R-19, increasing the current debt limit from $150,000,000 to $160,000,000 to cover the proposed 2019 A&B bond issues and any unexpected changes. As discussed in the corresponding transmittal memorandum, unabated debt is estimated to be slightly over $150,000,000 at the end of 2019 including the proposed 2019 issues. For Action Motion made and approved in APW committee to amend to $152,000,000. Passed 6-1​ Ald. Rue-Simmons voted “No” Watch (A27) ​Ordinance 27-O-19 Authorizing 2019 A&B General Obligation Bond Issues City Council introduced Ordinance 27-O-19 providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. The ordinance will be adopted and signed at the City Council meeting on April 22, 2019. The final terms of the bonds will be approved by the Designated Officers under the ordinance after the bond sale, which is scheduled for May 16, 2019, by completion of the bond order as authorized by the bond ordinance. For Introduction Passed 6-1​ Ald. Rue-Simmons voted “No” Watch (A28) ​Ordinance 24-O-19, Increasing the Number of Class T Liquor Licenses for Halim Time and Glass Banquet Hall Located at 1560 Oak Avenue City Council adopted Ordinance 24- O-19, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from six (5) to six (6) and permit issuance of a Class T license to 1560 49 of 611 Oak Banquet Facilities LLC, d/b/a Halim Time and Glass Banquet Hall, 1560 Oak Avenue. For Introduction and Action Approved on Consent Agenda (A29) ​Ordinance 25-O-19, Increasing the Number of Class D Liquor Licenses for Eurest Dining Services Located at 1560 Sherman Avenue City Council adopted Ordinance 25- O-19, amending Class D Liquor License from fifty-three (53) to fifty-four (54) for Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction and Action Approved on Consent Agenda (A30) ​Ordinance 26-O-19, Increasing the Number of Class T Liquor Licenses for Eurest Dining Group Located at 1560 Sherman Avenue City Council adopted Ordinance 26-O-19, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from six (6) to seven (7) and permit issuance of a Class T license to Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction Approved on Consent Agenda (A31) ​Ordinance 28-O-19, To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1524 City Council adopted Ordinance 28-O-19 allowing the paving of the alley north of Simpson Street and east of McDaniel Avenue through the Special Assessment Process. Funding will be from the Capital Improvement Program (CIP) 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419001), which has $250,000 budgeted in FY 2019; and the Special Assessment Funds (Account 420.26.6000.65515 – 419001), which has $408,000 budgeted in FY 2019. For Introduction Approved on Consent Agenda 50 of 611 (A32) ​Ordinance 29-O-19, Updating City Code Section 10-4-16-2(A) Vehicle Parking Permits City Council adopted Ordinance 29-O-19, amending City Code Section 10-4-16 changing the payment for parking permits from quarterly to monthly and allowing for the stickerless enforcement of the City operated surface parking lots. For Introduction Approved on Consent Agenda (P1) ​Ordinance 18-O-19, Amending City Code Section 6-15-14-7, “Active Ground Floor Uses” City Council adopted Ordinance 18-O-19, amending the Zoning Ordinance Section 6-15-14-7 to revise the listing of appropriate ground floor uses in the Central Street Overlay District. For Introduction Approved on Consent Agenda Motion: Ald. Revelle Watch (P2) ​Ordinance 30-O-19, Granting a Special Use Permit for a Planned Development at 2425 Oakton Street City Council adopted Ordinance 30-O-19 for approval of a Planned Development for a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant is seeking one site development allowance for an accessory structure that is 3 ft. from the principal structure where 10 ft. is required. Alderman Fleming requests suspension of the rules for Introduction and Action of Ordinance 30-O-19 at the April 8, 2019 City Council meeting. For Introduction Approved on Consent Agenda (P3) ​Ordinance 22-O-19, Special Use Permit for a Planned Development at 910- 938 Custer Avenue and Amending Zoning Map City Council adopted Ordinance 22-O-19 for approval of a Map Amendment to Rezone from the MUE Transitional Manufacturing-Employment District to the MXE Mixed-Use Employment District and a Special Use for a Planned Development for 40 single family attached townhomes in five standalone buildings that feature interior courtyards, two-car attached garages per dwelling unit, and building height Watch 51 of 611 of four stories. The proposal includes six Site Development Allowances. For Action Passed 6-1​ Ald. Fiske voted “No” Call of the Wards Ward 1: No Report Watch Ward 2: Ward meeting on Thursday, April 11, 7 p.m., at the J.E.H. Education Center, 1500 McDaniel Avenue. Thanked Mayor Hagerty, community members and Finnegan Family Foundation. Announced the Erie Family Health Center opened a large office space to accommodate twice as many residents. A representative from the Erie Health Center will be in attendance at the Ward meeting to answer any questions. Hitesh Desai will also be in attendance to answer any questions about property taxes. Watch Ward 3: No Report Watch Ward 4: No Report Watch Ward 5: Ward meeting on Wednesday, April 10, 2019 at 7 p.m. in Room G300 at the Civic Center. Asked residentes to support Gyro Planet Evanston, a new establishment in the 5th Ward. Watch Ward 6: Wednesday, April 10, 2019 joint Plan Commission & Zoning Board of Appeals meeting canceled. Watch Ward 7: Made a reference to the Environment Board for a proposal to phase out gas and propane leaf blowers and lawnmowers. Watch Ward 8: Said she would not allow herself to be attacked by the public. Didn’t appreciate the City Clerk chastising her. Watch Ward 9: No Report Watch 52 of 611 Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. Ald. Wilson led City Council into Executive Session. A roll call vote was taken and by a unanimous vote (7-0) City Council recessed into Executive Session. 53 of 611 ​REGULAR CITY COUNCIL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, April 15th, 2019 Present: Alderman Fiske Alderman Revelle Alderman Wynne Alderman Rainey Alderman Wilson Alderman Fleming Alderman Rue Simmons Alderman Suffredin (8) Absent: Alderman Braithwaite (1) Presiding: Mayor Stephen Hagerty Devon Reid City Clerk 54 of 611 Mayor’s Public Announcements Mayor Hagerty Announcements and 1 Proclamation: ●National Community Development Week, April 22-26 ●Mount Zion Missionary Baptist Church 125th Anniversary Watch City Manager’s Public Announcements City Manager Wally Bobkiewicz had no announcements. Watch City Clerk’s Communications City Clerk had 1 Communications: April 15, 2019 was the last day for Mail-in Ballots and Provisional Ballots to be counted. Dan Coyne has been elected as the 3rd Commissioner for the Ridgeville Park District. Watch Public Comment Rose Johnson Continued her remarks for the previous City Council meeting. Foster Center Our Place is a group of 28 people representing building tenants of the 5th Ward and other communities. A significant part of the group include young adults with knowledge and expertise in building maintenance, finance and early childhood education. There is a verbal agreement with the Evanston Community Foundation to be the fiscal agent from Foster Center Our Place. They also received 501C3 status. The group has obtained pro bono services from a major law firm in Chicago. Watch James Engleman Agrees with pets being required to wear leashed and owners having to carry doggy bags with them. Watch Tina Paden Said residents should be respected by City Council members. During a meeting last week, an Alderman told a constituent they didn’t have permission to speak because the agenda item they were speaking about was not on the agenda for the night. Believes ward meeting agendas should focus on matters important to residents. Suggested City Council members are only listening to developers who provide presents to Aldermen. Watch 55 of 611 Edmund Moran Spoke about the Harley Clarke mansion. Wanted the direction of the property to be shifted towards a proposal more amenable to the entire community. Believes the nine-months Request for Proposal period is a waste of time. Said the city should accept the offer to have the mansion deconstructed and open the site for constituents. Watch Meg Welch Doesn’t oppose a new Robert Crown Center, but the cost of the development is a concern she has. There is no financial imperative on issuing bonds during the upcoming City Council meeting. Said it wasn’t acceptable to fund the project on the backs of residents by raising fees, property taxes and city properties. Watch Jennifer Shadur Asked City Council to consider some issues regarding the RFP for the Harley Clarke mansion. Said that Landmarks Illinois has reiterated their offer at no cost to the city to bring a group of experts to bring updated numbers on the rehabilitation of the building. Additionally, they offer a knowledge of historic tax offerings that could be included in the RFP. Asked to add clarity to the acceptable community uses and extend the time period to 12 months. Wanted staff to define the land surrpindfin the building will remain an open-space and create a matrix for the review process. Lastly, she asked the word “Sale” to be removed from the RFP. Watch Carlis B Sutton Shared his concern over the behavior of some elected officials to suppress and intimate citizen commentary. Believes elected officials are self-interested and are attempting to silence citizens. Thanked Ald. Rue Simmons for her vote on Robert Crown and allowing citizens to participate during her Ward meeting. Also thanked Chief Cook for his sensitivity to citizens are making emotional commentary during City Council. On the matter of Harley Clarke, he shared his adamant opposition at any attempt that does not reflect full citizen participation. Watch Doreen Price Thanked Ald. Rue Simmons, Fleming and Chief Cook for their inclusive behavior during ward meetings. Read an email she sent to City Council members regarding equity. Watch Misty WIttenberg Spoke about the proposed citizen comment guidelines and the increased restrictions being placed on public speech. Said the amount of speakers attending City Council meetings are not being addressed but rather, citizens are being penalized for being frustrated. City Council members are focused over the tone made and missing the measurable threats they pose when they refuse to address public concerns. Watch Allie Harned Supports the preservation of Foster school, City Council Goals and believes mutual respect that should be strived by from both sides. Watch 56 of 611 Wants City Council to consider the shortcomings of the Harley Clarke RFP as it is currently written. The RFP does not specify how the Evaluation Committee will be selected and hopes the city considers goals of equity and inclusion. Bennett Johnson Believes it is important to define the terms of sale in the Harley Clarke RFP. The public components are very vague and wants to make sure every Evanstonian has access to the site. Said that many of the large project happening in the city have little to none minority contractors or workers. Wants the city to take Affirmative Action to endure their is equal representation in the workforce. Watch Charles Smith Wanted City Council to approach the Harley Clarke mansion project with the best interest of residents of the city. Watch Bob Cruz Asked City Council to listen to the community on the Harley Clarke mansion. Watch Audrey Niffenegger Doesn't want the Harley Clarke mansion to be sold and hopes it is preserved for future generations. Inquired if a clause for use to benefit all wards could be included in the RFP. Watch Madeline Ducree Asked where the donations for the Foster school and Library on Simpson St. Asked City Council to hold agenda items (SP1), (SP4) (SP5) and (SP6) to allow residents to discuss the items. Thanked Chief Cook for his work and change in behavior in police officers. Watch John Kennedy Talked about some key items on how the Harley Clarke mansion RFP could work. Watch Darleen Cannon Opposed the proposal to sell the Harley Clarke mansion and wants City Council to vote against the RFP. Said the decision to raise taxes for Robert Crown bonds has an immediate impact on the cost of housing and rent. Watch Patrick Donnelly Believes it would benefit the community to not sale the Harley Clarke mansion and figure a plan for better use. Watch Pricilla Giles Believes it’s not acceptable for citizens to be told their questions are being perceived as arguments for asking questions to city staff. Watch 57 of 611 Special Order of Business (SP1) ​Request for Proposal 19-29, Sale or Long-Term Lease of Harley Clarke Mansion and Coach House, 2603 Sheridan Road City Council authorized the City Manager approve the Request for Proposal 19-29 for the Sale or Long-Term Lease of 2603 Sheridan Road, commonly known as the Harley Clarke Mansion and Coach House. The Request for Proposal will commence May 16, 2019, and will be open for nine months with a deadline for proposal submissions by 2:00 p.m. on February 28, 2020. For Action Motion to amend Section 11G to state the city is willing to sell the land under the mansion to a nonprofit or public body Failed 5-3​Ald. Fiske, Suffredin and Rainey voted “Yes” Motion to amend the RFP to indicate additional tours to visit the property at the destruction of the city; there be a long-term lease and not a sale; and the RFP make the public use be a significant portion of the proposal. Passed 5-3​Ald. Fiske, Rainey and Fleming voted “No” Motion: Ald. Suffredin Motion: Ald. Revelle Watch (SP2) ​Resolution 39-R-19, Temporary Traffic Signal at Central Street & Bryant Avenue During Central Street Bridge Construction City Council adopted Resolution 39-R-19 authorizing the installation and removal of a temporary traffic signal at Central Street & Bryant Avenue to accommodate safe pedestrian crossings at this intersection during the construction project to replace the Central Street Bridge. For Action Passed 7-0 Motion: Ald. Revelle Watch (SP3) ​City Council Goals Staff requests that at the April 15, 2019 meeting, City Council discuss implementation of 2019-2020 City Council goals, specifically the following topics: “Enhance Community Development and Job Creation Citywide” and “Ensure Equity in All Operations.” Staff will present information on both goals mentioned. In addition, staff will present an Open Data Report. The report will detail the City’s newly formed Data Governance team, how it is Watch 58 of 611 aligning data development with the City’s goals and industry standards, and providing a “What Works Cities” Assessment. For Action Will return April 29, 2019 City Council for Action (SP4) ​Resolution 40-R-19, Amending City Council Rule 6, “Citizen Participation,” By Providing Guidelines for Public Comment at Standing Committees of the City Council City Council adopted Resolution 40- R-19, amending City Council Rule 6, “Citizen Participation,” by providing guidelines for Public Comment at Standing Committees of the City Council. Planning & Development Committee will allow 45 minutes for public comment, and all other standing committees will allow 20 minutes for public comment. For Action Passed 8-0 Motion: Ald. Wynne Watch (SP5) ​Resolution 41-R-19, Amending City Council Rule 9.6, “Committees” to Amend the Start Time for the Planning & Development Committee City Council adopted Resolution 41- R-19, amending City Council Rule 9.6, “Committees,” to amend the start time for the Planning & Development Committee from 7:15 p.m. to 6:45 p.m. For Action Passed 8-0 Motion: Ald. Wilson Watch (SP6) ​Resolution 43-R-19, Amending City Council Rule 6, “Citizen Participation,” By Providing Guidelines of Decorum During City Council and Standing Committee Meetings City Council adopted Resolution 43-R-19, amending City Council Rule 6, “Citizen Participation,” providing guidelines of decorum during City Council, standing committee and Ward meetings. It is important to consider these recommended revisions immediately, but the City Manager requests further discussion of additional, extensive revisions of the City Rules pertaining to decorum. For Action Passed 7-1 ​Ald. Suffredin voted “No” Motion: Ald. Fiske Watch 59 of 611 Call of the Wards Ward 1: No Report Watch Ward 2: Seeking to partner with another City Council member to conduct a meeting pertaining to taxation and Robert Crown. Watch Ward 3: No Report Watch Ward 4: No Report Watch Ward 5: No Report Watch Ward 6: No Report Watch Ward 7: No Report Watch Ward 8: Asked commercial property owners in the 8th Ward to view the 8th Ward message board. Ald. Rainey will conduct a meeting regarding the new assessment. Date TBD but will take place before April 29, 2019. Watch Ward 9: Ward meeting Saturday, April 20, 2019 at 9:00 a.m. at the Levy Senior Center. Sent well wishes to two staff members in the Parks & Rec Department who have taken ill. Watch Adjournment Mayor Hagerty called a voice vote to adjourn the City Council meeting, and by unanimous vote the meeting was adjourned. Ald. Wilson led City Council into Executive Session. A roll call vote was taken and by a unanimous vote (8-0) City Council recessed into Executive Session. 60 of 611 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, April 22, 2019 6:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN SUFFREDIN II.NATIONAL DRINKING WATER WEEK: 3RD GRADE ART CONTEST WINNERS III.APPROVAL OF MINUTES OF REGULAR MEETING OF APRIL 8 , 2019 IV.CONSENT CALENDAR All matters listed under the Item III (3), Consent Calendar, are considered by the Committee to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately. (A1) Payroll – March 18, 2019 through March 31, 2019 $ 2,623,071.86 For Action (A2) Bills List – April 23, 2019 $ 5,788,823.06 For Action (A3) Contract with Stantec Consulting Services, Inc. for 1909 Raw Water Intake Replacement Staff recommends City Council authorize the City Manager to execute a contract for the 1909 Raw Water Intake Replacement (RFP 19-02) with Stantec Consulting Services, Inc. (350 North Orleans Street, Suite 1301, Chicago, IL 60604) in the amount of $598,909.00. Funding will be provided from the Water Fund (Account 513.71.7330.62145-719001), which has an FY 2019 budget allocation of $300,000. The total budget for this this 2-year design project over FY 2019 and FY 2020 is $600,000. City Council will need to allocate additional funds in FY 2020 to complete the project. For Action 61 of 611 (A4) Contract with Sumit Construction Co., Inc. for the 2019 50/50 Sidewalk Replacement Project Staff recommends City Council authorize the City Manager to execute a contract for the 2019 50/50 Sidewalk Replacement Project (Bid No. 19-10) with Sumit Construction Co., Inc. (4150 W. Wrightwood Ave Chicago, IL 60039) in the amount of $232,365.00. Funding will be provided from the Capital Improvement Program (CIP) 2019 General Obligation Bonds in the amount of $150,000 and from estimated private funds in the amount of $82,365. A detailed funding breakdown can be found on the corresponding transmittal memorandum. For Action (A6) Contract Extension with Interra, Inc. for Material Testing Services Staff recommends City Council authorize the City Manager to execute an amendment for the second 1-year contract extension with Interra, Inc. (600 Territorial Drive, Suite G, Bolingbrook, IL 60440) to the agreement for Material Testing Services (RFP 17-02) for various capital infrastructure improvement projects in the not-to-exceed amount of $150,000. Funding will be provided from the 2019 General Obligation Bonds, Water Fund, MFT Fund, Parking Fund, and Sewer Fund, depending on the project. Projects utilizing material testing services include street resurfacing, alley paving, sidewalk replacement, sewer and water main improvements, and other infrastructure improvements as needed. A detailed funding breakdown can be found on the corresponding transmittal memorandum. For Action (A7) Purchase of Trees for Spring Planting Staff recommends that City Council authorize the City Manager to execute a contract award for the purchase of 246 trees from Suburban Tree Consortium in the amount of $52,625.00. Funding for this purchase is provided from the General Fund and private funding as outlined in the corresponding transmittal memorandum. For Action (A8) Contract with Herrera Landscape and Snow Removal, Inc. for 2019 Tree Planting Services Staff recommends the City Council authorize the City Manager to execute a contract award for the 2019 Tree Planting Services to Herrera Landscape and Snow Removal, Inc. (8836 Lincolnwood Drive, Evanston, IL 60203) in an amount not to exceed $45,000.00. Funding for this project is from the FY 2019 General Fund budget 100.40.4320.65005, which has a total allocation of $135,000, which has a remaining balance of $82,375. For Action 62 of 611 (A17) Ordinance 16-O-19, Amending Portions of City Code Title 7, “Public Ways”, Chapter 2 “Streets, Sidewalks and Public Ways”, Section 9 “Encumbrances, Encroachments and Obstructions” Staff recommends City Council adoption of Ordinance 16-O-19 by which the City Council would amend Title 7, Chapter 2, Section 9 of the City Code related to the Encumbrances, Encroachments and Obstructions of the Public Ways. For Introduction (A18) Ordinance 17-O-19, Amending Portions of City Code Title 8, “Health and Sanitation”, Chapter 4 “Municipal Solid Waste”, Section 8 “Designation of Collection Site; Collection Agent” Staff recommends City Council adoption of Ordinance 17-O-19 by which the City Council would amend Title 8, Chapter 4, Section 8 of the City Code related to the Designation of Collection Site; Collection Agent. Language is being added to make it clear that property owners are responsible to clear snow and ice around trash receptacles so that the trash can be properly and safely collected. For Introduction (A21) Ordinance 33-O-19, Amending a Definition within Title 4, Chapter 20 that Addresses the Frequency of Heavy Precipitation Events Based on a Recent Illinois State Water Survey Staff recommends City Council adoption of Ordinance 33-O-19 by which the City Council would amend Title 4, Chapter 20, related to the definition of Bulletin 70, a document published by the Illinois State Water Survey regarding the frequency distributions of heavy precipitation in Illinois. For Introduction V. ITEMS FOR CONSIDERATION (A5) Change Order 5 to Contract with CDM Smith for Engineering Services for the Treated Water Storage Replacement Project Engineering Services Staff recommends that City Council authorize the City Manager to execute Change Order No. 5 to the agreement for the Treated Water Storage Replacement Project Engineering Services to CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the amount of $366,012.00. This will increase the total contract amount from the current contract price of $1,350,770.00 to $1,716,782.00. Funding will be from the Water Fund, Capital Improvement Account 513.71.7330.62145 - 733107, which has an FY 2019 budget allocation of $13,700,000. The total budget for the Clearwell 9 Rehabilitation Project (including construction and engineering services during construction for FY 2019 and FY 2020) is $23,900,000, of which $4,197,417 is remaining after authorized construction and engineering costs. For Action 63 of 611 (A9) Purchase of Five (5) PlateScout License Recognition Systems from Passport Labs Staff recommends City Council approval of the Single Source purchase of five (5) PlateScout License Plate Recognition systems from Passport Labs (128 S. Tryon Street #2200, Charlotte, NC 28292) for the Administrative Services Department in the amount of $206,500.00. Funding will be from the Parking Fund – Other Improvements (Account 505.19.7005.65515), with a budget of $3,510,000.00 and $3,405,607.91 remaining. For Action (A10) Amendment to Agreement for Crossing Guards Services with Andy Frain Services, Inc. to Add One Additional Crossing Guard Staff recommends that City Council authorize the City Manager to amend the agreement with Andy Fran Services, Inc. (761 Shoreline Drive, Aurora, IL 60504) to increase the not-to-exceed amount from $620,662 to $631,662 per year to add one additional crossing guard (RFP #18-52). Funding for the additional $11,000 will be from the City Manager – Other Program Costs (Account 100.15.1505.62490) with a budget of $23,617 and a YTD balance of $20,063. For Action (A11) 2018 Year-End Financial Report Staff recommends that the City Council accept and place on file the 2018 year- end financial report. For Action: Accept and Place on File (A12) Resolution 34-R-19, Increase the Total Fiscal Year 2018 Budget by $18,641,429 to a New Total of $354,110,437 Staff recommends that the City Council adopt Resolution 34-R-19, amending the 2018 Budget by $18,641,429 to a new total of $354,110,437 as detailed in the corresponding transmittal memorandum. For Action (A13) Resolution 42-R-19, Authorizing the City Manager to Execute a Seven Year Cable Television Franchise Agreement with Comcast Staff recommends City Council adoption of Resolution 42-R-19 authorizing the City Manager to execute a seven (7) year Cable Television Franchise Agreement with Comcast of Illinois IV, Inc. For Action (A14) Resolution 19-R-19, Intergovernmental Agreement for Reciprocal Reporting and School Resource Officer Staff recommends City Council adopt Resolution 19-R-19, authorizing the City Manager to execute an intergovernmental agreement with the Evanston Township High School District 202 (“ETHS”) for the use of two (2) Evanston Police Department officers at ETHS for the purpose of providing school resource officers (the “Intergovernmental Agreement”). For Action 64 of 611 (A15) Resolution 37-R-19, Professional Services Agreement with Kane McKenna for Tax Increment Financing Consulting Services Staff recommends City Council adoption of Resolution 37-R-19 authorizing the City Manager to enter into a consulting contract with Kane McKenna and Associates, Inc. for study of the eligibility of expansion of the Howard Ridge Tax Increment Financing (TIF) District (#5) to include additional properties (50 PINs), for an amount not-to-exceed $30,500. The potential expansion of the district constitutes a major amendment to the TIF district and requires full eligibility of new parcels and public meeting process. The length of time for the district is not under consideration for extension at this time. Funding will come from Howard Ridge TIF Consulting Services Fund (Account 330.99.5860.62185). For Action (A16) Ordinance 23-O-19, Amending City Code Section 10-8-1 “License Required” Changing the Wheel Tax Deadline Staff recommends City Council adoption of Ordinance 23-O-19 which amends the City Code Section 10-8-1 to change the wheel tax deadline to October 1 instead of December 31. The renewal period would begin on August 1 and run through September 30. For Introduction (A19) Ordinance 39-O-19, Amending Portions of City Code Title 7, “Public Ways,” Chapter 15 “Board of Local Improvements” Staff recommends City Council adoption of Ordinance 39-O-19 by which the City Council would amend Title 7, Chapter 15, Section 7 of the City Code related to the Special Assessment procedures for alley improvements. For Introduction (A20) Ordinance 43-O-19, Adding Regulations to the City Code to Address Erosion and Sediment Controls for Construction Sites Staff recommends the adoption of proposed ordinance 43-O-19 by which the City Council would add Chapter 23 “Erosion and Sediment Controls on Construction Sites” to Title 4 “Building Regulations.” For Introduction (A22) Resolution 44-R-19, Amending the City of Evanston Budget Policy Staff recommends City Council adoption of Resolution 44-R-19 amending the City of Evanston Budget Policy to state that Tax Supported General Obligation Debt shall not exceed $160,000,000 in aggregate principal amount. For Action VI.ITEMS FOR DISCUSSION VI.COMMUNICATIONS VII.ADJOURNMENT 65 of 611 Administration & Public Works Committee Meeting Minutes of April 8, 2019 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: R. Rue Simmons, T. Suffredin, P. Braithwaite, A. Rainey (arrived at 6:12pm) MEMBERS ABSENT: C. Fleming STAFF PRESENT: E. Storlie, D. Stoneback, W. Bobkiewicz, A. Ruggie, H. Desai, T. Nunez, Chief Cook, S. Ciolek, E. Cano, S. Mangum, G. Gerdes, L. Biggs, R. Dahal PRESIDING OFFICIAL: Ald. Suffredin I. DECLARATION OF A QUORUM: ALDERMAN SUFFREDIN, CHAIR A quorum being present, Ald. Suffredin called the meeting to order at 6:02p.m. II. PUBLIC COMMENT James Engelman supports Item A25. He encouraged the Committtee to accept the donation from Valli Produce for the new Robert Crown Center. Shayla Hunt, Chayse Johnson, Devon Cravens, Arriel Badcom and Kye King expressed their support for Family Focus, its programs and what it means to them and the community it serves. Lonnie Wilson spoke about community priorities and the need for a safer community for our children. III. APPROVAL OF MINUTES OF REGULAR MEETING OF MARCH 11, 2019 Ald. Rue Simmons moved to accept the Minutes of March 11, 2019 A&PW meeting as submitted, seconded by Ald. Braithwaite. The Minutes of the March 11, 2019 A&PW meeting were approved unanimously 4-0. IV. CONSENT CALENDAR All matters listed under the Item III (3), Consent Calendar, are considered by the Committee to be routine and will be enacted in one motion without discussion. If discussion is desired, that item may be removed and considered separately. (A1) Payroll – February 18, 2019 through March 3, 2019 $2,726,667.51 Payroll – March 4, 2019 through March 17, 2019 $2,716,547.89 (A2) Bills List – April 9, 2019 $8,151,610.90 DRAFT- NOT APPROVED 66 of 611 Credit Card Activity (not including Amazon purchases) - Period Ending February 26, 2019 $189,370.79 (A9) Contract with J. A. Johnson Paving Company for Pavement Patching Staff recommends that City Council authorize the City Manager to execute a one year single source contract for pavement patching with J. A. Johnson Paving Company (1025 E. Addison Ct., Arlington Heights, Illinois) in the amount of $650,000. Funding will be from the Capital Improvement Fund 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419009). $600,000 is allocated for pavement patching in this account. The additional $50,000 funding is available due to a reduced scope of work for pavement rejuvenation which is budgeted at $100,000. Based on field inspections only $50,000 will be needed for this work in 2019. For Action (A10) Contract with G & L Contractors for 2019 Debris Hauling Staff recommends that City Council authorize the City Manager to execute a one- year contract for debris hauling with G & L Contractors (7401 N St. Louis Ave Skokie, IL) in the amount of $70,000. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Funding for this purchase will be provided by three separate funds (Water, Sewer, and General Funds) as shown in the corresponding transmittal memorandum. For Action (A11) Contract with G & L Contractors for Purchase of Granular Materials Staff recommends that City Council authorize the City Manager to execute a one- year contract for the purchase of Granular Materials with G & L Contractors (7401 N. St. Louis Ave, Skokie, IL) in the amount of $28,200. This contract award is part of a bid let by the Municipal Partnering Initiative (MPI). Purchase of materials under this contract will be funded as follows: $14,100 from the Water Fund (Account 510.40.4540.65055), with a YTD balance of $140,400, and $14,100 from the Sewer Fund (Account 515.40.4530.65055) with a YTD balance of $33,400. For Action (A12) Contract with Patriot Pavement Maintenance for Crack Sealing Services Staff recommends City Council authorize the City Manager to execute a one-year contract for crack sealing services with Patriot Pavement Maintenance (825 Segers Rd., Des Plaines, IL 60016), in the amount of $80,000. This contract award is part of a bid let by the Municipal Partnering Initiative. Funding for this work will come from the General Fund (Account 100.40.4510.62509), with a budget of $80,000. The account has a remaining balance of $80,000. For Action (A13) Contract with Precision Pavement Markings, Inc. for Pavement Markings Staff recommends City Council authorize the City Manager to execute a one-year contract for pavement markings with Precision Pavement Markings, Inc. (P.O. 67 of 611 Box 705 Elgin IL 60123) in the amount of $110,000. This contract is part of a bid let by the Municipal Partnering Initiative (MPI). Funding for this work will come from the Capital Improvement Fund (Account 415.40.4119.65515-419019), with a budget of $210,000, all of which is remaining. For Action (A14) Contract with Herrera Landscape and Snow Removal, Inc., for the 2019 Streetscape and Rain Garden Landscape Maintenance Staff recommends City Council authorize the City Manager to execute a contract award for the 2019 Streetscape and Rain Garden Landscape Maintenance and plant replacements to the low bidder, Herrera Landscape and Snow Removal, Inc., Evanston, IL, in the amount of $56,920.00. For Action (A15) 2019 Lakefront Concession Contract Renewal with Krave Concession LLC Staff recommends that City Council authorize the City Manager to execute a one year contract renewal between the City of Evanston and Krave Concession LLC for the Arrington Lagoon and Clark Street food & drink stand and the lakefront mobile concessions (Lighthouse, Clark St., Greenwood St., South Blvd. and Lee Street) for the 2019 season. Krave Concession LLC is owned by Brian Fogle, 5313 West 123rd Place, Alsip, Illinois 60803. For Action (A16) Agreement with Evanston Township High School to Supply Lunches for the 2019 Summer Food Program Staff recommends that City Council authorize the City Manager to execute an agreement with Evanston Township High School (1600 Dodge Ave, Evanston, IL 60201) to provide lunch meals for the 2019 Summer Food Program in the not-to- exceed amount of $3.25 per meal and $3.50 for special diet meals. This is a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of meals served. Funding for this program is budgeted in business unit 100.30.3050 in various line items. For Action (A17) Contract with Elevator Inspection Service Co. Inc. for City of Evanston- Elevator Inspection Program Staff recommends that the City Council authorize the City Manager to enter into an agreement with Elevator Inspection Service Co, Inc. (EIS) (745 McClintock Drive, Suite 235, Burr Ridge, IL 60527) for elevator and inspection services from June 1, 2019 – May 31, 2021 with three one-year options to renew. EIS has reiterated their commitment to provide quality services in a timely, well-qualified and resourceful manner. Funding will be from the Building Inspections Service– Elevator Contract Costs (Account No. 100.21.2126.62425) with a FY 19 budget of $4,500. For Action 68 of 611 (A20) Great Merchant Grant Program – Hill Arts Business Association Staff recommends City Council approval to provide financial assistance through the Great Merchants Grant Program to the Hill Arts Business Association (Hill Arts) for an amount not to exceed $6,325.00. Staff recommends utilizing the Economic Development Business District Improvement Program (Account 100.21.5300.65522). The approved 2019 Fiscal Year Budget allocated $150,000 to this account. To date, $10,841.89 has been spent from this account, leaving $139,158.11 available for expenditure. For Action (A28) Ordinance 24-O-19, Increasing the Number of Class T Liquor Licenses for Halim Time and Glass Banquet Hall Located at 1560 Oak Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 24- O-19, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from six (5) to six (6) and permit issuance of a Class T license to 1560 Oak Banquet Facilities LLC, d/b/a Halim Time and Glass Banquet Hall, 1560 Oak Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction and Action (A29) Ordinance 25-O-19, Increasing the Number of Class D Liquor Licenses for Eurest Dining Services Located at 1560 Sherman Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 25- O-19, amending Class D Liquor License from fifty-three (53) to fifty-four (54) for Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction and Action (A30) Ordinance 26-O-19, Increasing the Number of Class T Liquor Licenses for Eurest Dining Group Located at 1560 Sherman Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 26- O-19, amending Evanston City Code Subsection 3-4-6-(T) to increase the number of Class T Liquor Licenses from six (6) to seven (7) and permit issuance of a Class T license to Compass Group USA, Inc., d/b/a Eurest Dining Services, 1560 Sherman Avenue. Alderman Wilson recommends suspension of the rules for Introduction and Action at the April 8, 2019 City Council meeting. For Introduction (A31) Ordinance 28-O-19, To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1524 Staff recommends City Council adopt Ordinance 28-O-19 allowing the paving of the alley north of Simpson Street and east of McDaniel Avenue through the Special Assessment Process. Funding will be from the Capital Improvement Program (CIP) 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419001), which has $250,000 budgeted in FY 2019; and the Special Assessment 69 of 611 Funds (Account 420.26.6000.65515 – 419001), which has $408,000 budgeted in FY 2019. For Introduction Ald. Rainey moved to recommend City Council approval of the consent agenda, seconded by Ald. Rue Simmons. The Committee voted unanimously 4-0 to approve the consent agenda. V. ITEMS FOR CONSIDERATION (A18) Purchase of Four (4) Vehicles for Operations in the City of Evanston’s Public Works Agency and Police Department Staff recommends City Council approval of the purchase of four (4) vehicles for operations in the Public Works Agency and the Police Department. The following vehicles will be purchased: one (1) 2019 Ford Pickup with Service Body from Currie Motors Fleet (10125 W. Laraway, Frankfort, IL 60423) in the amount of $42,548.00; one (1) 2019 Peterbilt Dump Truck from in the amount of $208,888.00 and one (1) 2019 Peterbilt 11 Yd. Refuse Truck in the amount of $147,831.00 from JX Peterbilt (42400 Old Highway 41, Wadsworth, IL 60083); and one (1) BMW Motorcycle from Schlossmann Motorcycles of Milwaukee (12011 W. Silver Spring Drive, Milwaukee, WI 53225) in the amount of $32,613.50. Funding for the purchase of these four vehicles will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $431,880.50, which has a budgeted amount of $1,622,977. For Action Ald. Rainey moved to recommend City Council approval of the purchase of four (4) vehicles for operations in the Public Works Agency and the Police Department. The following vehicles will be purchased: one (1) 2019 Ford Pickup with Service Body from Currie Motors Fleet (10125 W. Laraway, Frankfort, IL 60423) in the amount of $42,548.00; one (1) 2019 Peterbilt Dump Truck from in the amount of $208,888.00 and one (1) 2019 Peterbilt 11 Yd. Refuse Truck in the amount of $147,831.00 from JX Peterbilt (42400 Old Highway 41, Wadsworth, IL 60083); and one (1) BMW Motorcycle from Schlossmann Motorcycles of Milwaukee (12011 W. Silver Spring Drive, Milwaukee, WI 53225) in the amount of $32,613.50 for a total amount of $431,880.50, seconded by Ald. Braithwaite. At Ald. Suffredin’s inquiry, Fleet and Facilities Division Manager Sean Ciolek explained the purpose for each purchase. At Ald. Rainey’s inquiry, he confirmed that we will purchase the Police motorcycle instead of leasing. The Committee voted 4-0 to approve the purchases. (A3) Amazon Credit Card Activity – Ending February 26, 2019 $6,998.09 For Action Ald. Rue Simmons moved to recommend City Council approval of the Amazon Credit Card Activity for the period ending February 26, 2019 in the amount of $6,998.09, seconded by Ald. Rainey. 70 of 611 The Committee voted 3-0 with Ald. Suffredin abstaining to approve the credit card activity. (A4) Contract with Chicagoland Paving, Inc. for the 2019 Parking Lot Improvements Projects at 717 Howard Street and Parking Lot #51 – Tallmadge Park Staff recommends City Council authorize the City Manager to execute a contract for the 2019 Parking Lot Improvements Project (Bid No. 19-07) with Chicagoland Paving, Inc. (225 Telser Rd., Lake Zurich, IL 60047) in the amount of $422,500.00. Funding will be provided from the Parking Fund in the amount of $410,500.00 and the Sewer Fund in the amount of $12,000.00. If funding becomes available in the Howard-Ridge TIF at a later date, $180,500 will be reimbursed to the Parking Fund. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute a contract for the 2019 Parking Lot Improvements Project (Bid No. 19-07) with Chicagoland Paving, Inc. in the amount of $422,500.00, seconded by Ald. Rue Simmons. Public Works Agency Director Stoneback confirmed that the vendor submitted their MWEBE documentation and are fully compliant with the 25% requirement. The Committee voted 3-1 with Ald. Suffredin opposed to approval of the contract. (A5) Contract with Hecker and Company, Inc. for Emerson Street Traffic Signals Project Staff recommends City Council authorize the City Manager to execute a contract for the Emerson Street Traffic Signals Project (Bid No. 19-04) with Hecker and Company, Inc. (250 Industrial Lane, Wheeling, IL 60090) in the amount of $968,928.90. Funding will be provided from the CIP Fund 2019 General Obligation Bonds in the amount of $948,928.90 and from fees from the public benefit for the Planned Unit Development located at 831 Emerson Street in the amount of $20,000. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a contract for the Emerson Street Traffic Signals Project (Bid No. 19-04) with Hecker and Company, Inc. in the amount of $968,928.90, seconded by Ald. Rue Simmons. The Committee voted unanimously 4-0 to approve the contract. (A6) Contract with Terra for Emerson Street Traffic Signal – Construction Engineering Staff recommends that City Council authorize the City Manager to execute an amendment to the existing agreement with Terra Engineering, Ltd. (225 West 71 of 611 Ohio Street, 4th Floor Chicago, IL 60654) in the not-to-exceed amount of $103,778.00 to provide the Phase III construction services for the Emerson Street Traffic Signal Modernization Project. Funding will be provided from the CIP Fund 2019 General Obligation Bonds in the amount of $39,778.00 and from fees from the public benefit for the Planned Unit Development located at 1890 Maple Avenue in the amount of $64,000. A detailed summary of the funding can be found on the corresponding transmittal memorandum. For Action Al d. Rainey moved to recommend City Council authorize the City Manager to execute an amendment to the existing agreement with Terra Engineering, Ltd. in the not-to-exceed amount of $103,778.00 to provide the Phase III construction services for the Emerson Street Traffic Signal Modernization Project, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to approve the agreement. (A7) Contract with Landmark Contractors, Inc. for the Main Street Corridor Improvement Project Staff recommends City Council authorize the City Manager to execute a contract for the Main Street Corridor Improvement Project (Bid No. 19-05) with Landmark Contractors, Inc. (11916 W. Main St., Huntley, IL 60142) in the amount of $2,062,822.08. Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $900,000; the 2019 General Obligation Bonds in the amount of $1,062,822.08 and the Sewer Fund in the amount of $100,000. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action Ald. Suffredin moved to recommend City Council authorize the City Manager to execute a contract for the Main Street Corridor Improvement Project (Bid No. 19-05) with Landmark Contractors, Inc. in the amount of $2,062,822.08, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to approve the contract. (A8) Contract with Stanley Consultants, Inc. for Phase III Construction Services for the Main Street Corridor Improvement Project Staff recommends that City Council authorize the City Manager to execute an amendment to the agreement with Stanley Consultants, Inc. (8501 W. Higgins Road, Suite 730, Chicago IL 60631) in the not-to-exceed amount of $269,282.00 to provide the Phase III construction services for the Main Street Corridor Improvement Project. Funding will be provided from the CIP Fund 2018 General Obligation Bonds in the amount of $34,000 and the 2019 General Obligation Bonds in the amount of $235,282. A detailed summary of the funding can be found in the corresponding transmittal memorandum. For Action Ald. Suffredin moved to recommend City Council authorize the City Manager to execute an amendment to the agreement with Stanley Consultants, Inc. (8501 W. Higgins Road, Suite 730, Chicago IL 60631) in 72 of 611 the not-to-exceed amount of $269,282.00 to provide the Phase III construction services for the Main Street Corridor Improvement Project, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to approve the amended agreement. (A19) Collective Bargaining Agreement – International Association of Fire Fighters Local 742 Staff recommends City Council authorize the City Manager to execute a collective bargaining agreement with the International Association of Fire Fighters Local 742, effective January 1, 2019 through December 31, 2022. For Action Ald. Rue Simmons moved to recommend City Council authorize the City Manager to execute a collective bargaining agreement with the International Association of Fire Fighters Local 742, effective January 1, 2019 through December 31, 2022, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to approve the agreement. (A21) Resolution 21-R-19, Authorizing the City Manager to Negotiate and Execute an Easement Agreement with Evanston Custer LLC The Plan Commission and staff recommend adoption of Resolution 21-R-19 for an Easement Agreement to increase the usable width of the north-south and east-west alleys that abut the side and rear of 910-938 Custer Ave. to a total width of 20’. This Resolution is in conjunction with Ord. 22-O-19 for a Map Amendment to Rezone from MUE Transitional Manufacturing-Employment District to MXE Mixed-Use Employment District and a Special Use for a Planned Development for 40 single family attached townhomes, which was introduced at City Council on March 11, 2019. For Action Ald. Braithwaite moved to recommend adoption of Resolution 21-R-19 for an Easement Agreement to increase the usable width of the north-south and east-west alleys that abut the side and rear of 910-938 Custer Ave. to a total width of 20’, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to adopt the resolution. (A22) Resolution 25-R-19, Approving the Settlement and Release of all Claims in Paul Caldwell v. City of Evanston, et al. Staff recommends City Council adoption of Resolution 25-R-19 authorizing the City of Evanston to issue a settlement payment pursuant to a settlement agreement and release in Paul Caldwell v. City of Evanston, et al. (Case No. 2017-L-3216). For Action Ald. Rainey moved to recommend City Council adoption of Resolution 25- R-19 authorizing the City of Evanston to issue a settlement payment pursuant to a settlement agreement and release in Paul Caldwell v. City of Evanston, et al. (Case No. 2017-L-3216), seconded by Ald. Rue Simmons. 73 of 611 The Committee voted unanimously 4-0 to adopt the resolution. (A23) Resolution 20-R-19, Memorandum of Understanding with Friends of Robert Crown Staff recommends City Council adoption of Resolution 20-R-19 authorizing the City Manager to execute a ten year Memorandum of Understanding (MOU) with the Friends of the Robert Crown Center (FRCC). The MOU memorializes the relationship between the City of Evanston and the volunteer-led fundraising entity and details how the funds raised by FRCC are applied to the Robert Crown Community Center Project construction and debt service. For Action Ald. Rue Simmons moved to recommend City Council adoption of Resolution 20-R-19 authorizing the City Manager to execute a ten year Memorandum of Understanding (MOU) with the Friends of the Robert Crown Center (FRCC) to memorialize the relationship between the City of Evanston and the volunteer-led fundraising entity and details how the funds raised by FRCC are applied to the Robert Crown Community Center Project construction and debt service, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to adopt the resolution. (A24) Resolution 27-R-19, Authorizing the City Manager to Execute a Gift Agreement with Wintrust Bank for a Donation to the New Robert Crown Community Center Staff recommends City Council adoption of Resolution 27-R-19 authorizing the City Manager to execute a naming rights gift agreement with Wintrust Bank (70 W. Madison St., Chicago IL 60602) for a field and a multi-purpose room at the new Robert Crown Community Center. For Action Ald. Suffredin moved to recommend City Council adoption of Resolution 27-R-19 authorizing the City Manager to execute a naming rights gift agreement with Wintrust Bank for a field and a multi-purpose room at the new Robert Crown Community Center, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to adopt the resolution. (A25) Resolution 31-R-19, Execute a Gift Agreement with Valli Produce for the Donation to the New Robert Crown Community Center Staff recommends City Council adoption of Resolution 31-R-19 authorizing the City Manager to execute a Gift Agreement with Valli Produce (1910 Dempster St, Evanston, IL 60202) for naming rights to the lobby of the new Robert Crown Community Center. For Action Ald. Braithwaite moved to recommend City Council adoption of Resolution 31-R-19 authorizing the City Manager to execute a Gift Agreement with Valli Produce for naming rights to the lobby of the new Robert Crown Community Center, seconded by Ald. Rainey. 74 of 611 The Committee voted unanimously 4-0 to adopt the resolution. (A26) Resolution 35-R-19, Amending the City of Evanston Budget Policy Staff also recommends approval of Resolution 35-R-19, increasing the current debt limit from $150,000,000 to $160,000,000 to cover the proposed 2019 A&B bond issues and any unexpected changes. As discussed in the corresponding transmittal memorandum, unabated debt is estimated to be slightly over $150,000,000 at the end of 2019 including the proposed 2019 issues. For Action Ald. Rainey moved to recommend approval of Resolution 35-R-19, increasing the current debt limit from $150,000,000 to $160,000,000 to cover the proposed 2019 A&B bond issues and any unexpected changes, seconded by Ald. Braithwaite. Ald. Rue Simmons does not support any increase in the debt limit. Affordability is out of hand and its too much of a burden for the residents. She hopes that the City will work harder to form public-private partnerships to aid in financing debt. Chief Financial Officer/Treasurer Hitesh Desai explained that our current unabated debt is $134 million. We will issue $23 million in bonds for the Robert Crown project. On December 1, 2019 we will make a bond payment of $7.2 million, which will increase our debt to a total of $150,581,000 at the end of 2019. He noted that the Council can opt to raise the debt limit enough to cover the debt limit with a cushion of $2 million. Ald. Suffredin moved to amend the resolution increasing the debt limit from $150,000,000 to $152,000,000, seconded by Ald. Rainey. The Committee voted 3-1 with Ald. Rue Simmons opposed to adoption of the amended resolution. *Ald. Braithwaite suggested the amendment be read during the City Manager announcements during City Council for residents concerned about this item. (A27) Ordinance 27-O-19 Authorizing 2019 A&B General Obligation Bond Issues Staff recommends introduction of Ordinance 27-O-19 providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. The ordinance will be adopted and signed at the City Council meeting on April 22, 2019. The final terms of the bonds will be approved by the Designated Officers 75 of 611 under the ordinance after the bond sale, which is scheduled for May 16, 2019, by completion of the bond order as authorized by the bond ordinance. For Introduction Ald. Rainey moved to recommend introduction of Ordinance 27-O-19 providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale, seconded by Ald. Braithwaite. CFO Desai discussed the implications of amortization, principal and additional debt service and property taxes with the issuance of the 2019 A and B bond issuance with the Library contribution of $1.25 million and the debt resolution revised to $152 million. The Committee voted 3-1 with Ald. Rue Simmons opposed to adoption of the resolution. (A32) Ordinance 29-O-19, Updating City Code Section 10-4-16-2(A) Vehicle Parking Permits Staff recommends City Council adoption of Ordinance 29-O-19, amending City Code Section 10-4-16 changing the payment for parking permits from quarterly to monthly and allowing for the stickerless enforcement of the City operated surface parking lots. For Introduction Ald. Suffredin moved to recommend City Council adoption of Ordinance 29-O-19, amending City Code Section 10-4-16 changing the payment for parking permits from quarterly to monthly and allowing for the stickerless enforcement of the City operated surface parking lots, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to adopt the ordinance. VI. ITEMS FOR DISCUSSION Ald. Braithwaite has received complaints from Quartet customers for the area on Benson between University and Clark. Northwestern University purchased the parking lots and restricted the parking for 2 hours. There is a request to extend parking for at least 2 hours. Assistant City Manager Erika Storlie suggested a referral to the Transportation & Parking Committee. Ald. Rainey asked how do residents know to apply for jobs on the approved projects on tonight’s agenda. Ald. Braithwaite explained that tradesmen know to 76 of 611 go to job sites to apply for positions. Business Workforce Compliance Coordinator Sharon Johnson provides a list of qualified Local Employment Program (LEP) candidates with union membership directly to the hiring managers for the projects. Ald. Rue Simmons added that she also works with developers to conduct outreach to meet diversity goals. Ald. Braithwaite discussed the goal of the study on the Under $20k spend by staff. There was a total of $13 million spent on goods and services last year and only $1.3 million is spent locally. The rest is spent outside of the community. He would like to brainstorm how to redirect services the City pays for to Evanston- based businesses in a responsible way. Ald. Rue Simmons asked the Committee for support to use $5,000 of the LEP penalty funds to purchase a product to better manage getting opportunities to local businesses. The penalty funds also help pay for Evanston residents’ union dues and firefighter testing fees. VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Braithwaite moved to adjourn, seconded by Ald. Rue Simmons. The meeting was adjourned at 6:52pm. Respectfully Submitted, Janella Hardin, PHR 77 of 611 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hitesh Desai, Chief Financial Officer Tera Davis, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: April 16, 2019 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Summary: Payroll – March 18, 2019 through March 31, 2019 $ 2,623,071.86 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – April 23, 2019 $ 5,788,823.06 General Fund Amount – Bills list $ 363,782.51 Advanced Checks – Bills list $ 2,354.32 366,136.83 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 8,411,894.92 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills List For City Council meeting of April 22, 2019 Item A1 & A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 78 of 611 100 GENERAL FUND Vendor Invoice Date Invoice Amount 103624 - NATIONAL GUARDIAN LIFE INSURANCE 04/04/2019 193.85 $193.85 15875 - MAG CONSTRUCTION CO.04/03/2019 (3,721.55) ($3,721.55) 103917 - ON TRACK FULFILLMENT INC.04/05/2019 427.86 $427.86 272361 - Language Line Services 03/31/2019 6.33 $6.33 $434.19 16036 - CHRISTOPHER ESSEX 03/30/2019 120.00 $120.00 $120.00 14374 - ACCOUNTING PRINCIPALS 04/05/2019 657.98 $657.98 104107 - PITNEY BOWES 04/01/2019 6,139.99 $6,139.99 101543 - DUNBAR ARMORED 04/11/2019 1,531.61 $1,531.61 188147 - AZAVAR AUDIT SOLUTIONS 04/05/2019 521.21 $521.21 $8,850.79 299167 - MWM CONSULTING GROUP, INC.03/01/2019 6,000.00 $6,000.00 $6,000.00 11636 - PETE FEYERHERD 04/05/2019 550.00 $550.00 $550.00 268935 - JEFFREY D. GREENSPAN 04/08/2019 2,280.00 269400 - MITCHELL C. EX 04/02/2019 2,505.00 137723 - SUSAN D BRUNNER 04/09/2019 3,150.00 $7,935.00 $7,935.00 $23,889.98 303856 - ROBERT HALF INTERNATIONAL 02/21/2019 221.00 303856 - ROBERT HALF INTERNATIONAL 04/04/2019 2,550.00 $2,771.00 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Business Unit 1585 - ADMINISTRATIVE HEARINGS Totals Department 15 - CITY MANAGER'S OFFICE Totals Business Unit 1585 - ADMINISTRATIVE HEARINGS Account 62509 - SERVICE AGREEMENTS/ CONTRACTS HEARING OFFICER HEARING OFFICER Business Unit 1571 - TAX ASSESSMENT ADVOCACY Account 64545 - PERSONAL COMPUTER SOFTWARE ASSESSOR SOFTWARE ANNUAL MAINTENANCE Account 64545 - PERSONAL COMPUTER SOFTWARE Totals Business Unit 1570 - ACCOUNTING Account 62110 - AUDITING GASB 75 ACTUARIAL/FINANCIAL DISCLOSURE Account 62110 - AUDITING Totals Account 64541 - UTILITY TAX AUDIT SERVICES CONTINGENCY PAYMENTS FOR AUDIT Account 64541 - UTILITY TAX AUDIT SERVICES Totals Business Unit 1560 - REVENUE & COLLECTIONS Account 61060 - SEASONAL EMPLOYEES SEASONAL HIRE WITH ACCOUNTING PRINCIPALS Account 61060 - SEASONAL EMPLOYEES Totals Business Unit 1535 - SUSTAINABILITY GRANT Account 62490 - OTHER PROGRAM COSTS EXPERIENCE CLIMATE CHANGE - UPDATED TEXT-CARDS Account 62490 - OTHER PROGRAM COSTS Totals Account 62490 - OTHER PROGRAM COSTS TRANSLATION SERVICES Account 62490 - OTHER PROGRAM COSTS Totals Invoice Description Fund 100 - GENERAL FUND Account 21650 - LIFE INSURANCE-UNIVERSAL NGL MONTHLY INVOICE Account 21650 - LIFE INSURANCE-UNIVERSAL Totals Account 41307 - RESERVE - L.E.P. VIOLATION FINES L.E.P. VIOLATION Account 41307 - RESERVE - L.E.P. VIOLATION FINES Totals Department 15 - CITY MANAGER'S OFFICE Business Unit 1510 - PUBLIC INFORMATION TEMP SERVICES 02/15/2019 TEMP SERVICES 03/22/2019-03/29/2019 Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Department 17 - LAW Business Unit 1705 - LEGAL ADMINISTRATION Account 62509 - SERVICE AGREEMENTS/ CONTRACTS HEARING OFFICER Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Business Unit 1571 - TAX ASSESSMENT ADVOCACY Totals Business Unit 1570 - ACCOUNTING Totals Business Unit 1560 - REVENUE & COLLECTIONS Totals ARMORED TRUCK SERVICES-MARCH 2019 Account 62431 - ARMORED CAR SERVICES Totals Account 62315 - POSTAGE POSTAGE REFILL Account 62315 - POSTAGE Totals Account 62431 - ARMORED CAR SERVICES Business Unit 1535 - SUSTAINABILITY GRANT Totals Business Unit 1510 - PUBLIC INFORMATION Totals WARD 2 MEETING POSTCARD Account 62210 - PRINTING Totals Account 62210 - PRINTING Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 1079 of 611 100 GENERAL FUND Vendor Invoice Date Invoice Amount CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Invoice Description 106332 - WEST GROUP PAYMENT CTR 04/01/2019 936.62 $936.62 $3,707.62 $3,707.62 11884 - QUEST DIAGNOSTICS CLINICAL 04/04/2019 317.50 $317.50 255280 - ESPYR 04/04/2019 650.70 $650.70 12837 - ICIMS 04/04/2019 4,500.00 $4,500.00 $5,468.20 102642 - IRON MOUNTAIN OSDP 02/28/2019 855.58 $855.58 100924 - CDW GOVERNMENT INC.01/07/2019 7,594.86 13164 - SOLARWINDS 03/04/2019 6,417.00 $14,011.86 101155 - TECHNOLOGY MANAGEMENT REV 04/10/2019 800.00 101155 - TECHNOLOGY MANAGEMENT REV 03/11/2019 950.00 $1,750.00 154298 - CALL ONE 04/15/2019 16,021.87 154298 - CALL ONE 04/13/2019 12,573.77 149416 - AT & T 03/16/2019 87.73 149416 - AT & T 04/01/2019 1,256.59 100401 - COMCAST CABLE 04/01/2019 20,698.74 105394 - VERIZON WIRELESS 03/18/2019 84.24 $50,722.94 100177 - ALLEGRA PRINT & IMAGING 03/30/2019 39.00 $39.00 $67,379.38 16228 - ANDY FRAIN SERVICES, INC.01/31/2019 57,233.83 16228 - ANDY FRAIN SERVICES, INC.02/28/2019 61,510.33 $118,744.16 $118,744.16 100401 - COMCAST CABLE 03/20/2019 144.83 100401 - COMCAST CABLE 03/24/2019 31.51 $176.34 100273 - AMERICAN PUBLIC WORKS ASN 04/04/2019 510.00 $510.00 105150 - THYSSENKRUPP ELEVATOR 04/01/2019 714.12 $714.12 10798 - JOHNSON CONTROLS SECURITY 04/03/2019 460.00 10798 - JOHNSON CONTROLS SECURITY 04/06/2019 212.00 104107 - PITNEY BOWES 03/12/2019 277.98 $949.98 Account 62509 - SERVICE AGREEMENTS/ CONTRACTS ALARM SERVICES DEMPSTER BEACH OFFICE REPAIRS ALARM SERVICES CHURCH ST. GARAGE MAY-JUL 2019 2019 MAIL ROOM POSTAGE METER RENTAL AND Account 62360 - MEMBERSHIP DUES APWA 2019 MEMBERSHIP RENEWAL Account 62360 - MEMBERSHIP DUES Totals Business Unit 1942 - SCHOOL CROSSING GUARDS Totals Business Unit 1950 - FACILITIES Account 62225 - BLDG MAINTENANCE SERVICES Business Unit 1942 - SCHOOL CROSSING GUARDS Account 61060 - SEASONAL EMPLOYEES CROSSING GUARD LABOR FEES CROSSING GUARD LABOR FEES Account 62341 - INTERNET SOLUTION PROVIDERS COMMUNICATION CHARGES COMMUNICATION CHARGES Account 62341 - INTERNET SOLUTION PROVIDERS Totals Business Unit 1932 - INFORMATION TECHNOLOGY DIVI. Account 62175 - IS SERVICES COMMUNICATION CHARGES Account 62175 - IS SERVICES Totals Account 62509 - SERVICE AGREEMENTS/ CONTRACTS EAP CONSULTING-EMPLOYEE SERVICES Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Department 17 - LAW Totals Department 19 - ADMINISTRATIVE SERVICES Business Unit 1929 - HUMAN RESOURCE DIVISION Account 65010 - BOOKS, PUBLICATIONS, MAPS LEGAL SERVICES Account 65010 - BOOKS, PUBLICATIONS, MAPS Totals Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals FIRE 5 ELEVATOR SERVICES APR-JUN 2019 Account 62425 - ELEVATOR CONTRACT COSTS Totals Account 62425 - ELEVATOR CONTRACT COSTS COMMUNICATION CHARGES COMMUNICATION CHARGES MAR 19 Account 62225 - BLDG MAINTENANCE SERVICES Totals Account 61060 - SEASONAL EMPLOYEES Totals Business Unit 1932 - INFORMATION TECHNOLOGY DIVI. Totals Account 64505 - TELECOMMUNICATIONS Totals Account 65095 - OFFICE SUPPLIES BUSINESS CARDS FOR DMITRY SHUB Account 65095 - OFFICE SUPPLIES Totals COMMUNICATION CHARGES- MAR 19 COMMUNICATION CHARGES- MAR 19 COMMUNICATION CHARGES -JAN, FEB, MAR 2019 COMMUNICATION CHARGES- MAR 19 COMMUNICATION CHARGES- MAR 19 Account 64505 - TELECOMMUNICATIONS COMMUNICATION CHARGES- MAR 19 Account 62340 - COMPUTER LICENSE & SUPP Totals Account 62340 - COMPUTER LICENSE & SUPP ADOBE ACROBAT PRO AND CREATIVE CLOUD ANNUAL MAINTENANCE OF SOLARWINDS NETWORK Business Unit 1929 - HUMAN RESOURCE DIVISION Totals Account 62512 - RECRUITMENT RECRUITMENT SOFTWARE-ICIMS Account 62512 - RECRUITMENT Totals EMPLOYMENT TESTING-QUEST DIAGNOSTICS Account 62270 - MEDICAL/HOSPITAL SERVICES Totals Account 62270 - MEDICAL/HOSPITAL SERVICES Business Unit 1705 - LEGAL ADMINISTRATION Totals Run by Tera Davis on 04/15/2019 02:56:37 PM Page 2 of 1080 of 611 100 GENERAL FUND Vendor Invoice Date Invoice Amount CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Invoice Description 101143 - COMED 03/29/2019 515.37 101143 - COMED 04/01/2019 534.57 101143 - COMED 04/02/2019 971.54 101143 - COMED 04/01/2019 69.81 $2,091.29 103744 - NICOR 03/01/2019 255.44 103744 - NICOR 03/01/2019 1,161.92 103744 - NICOR 03/12/2019 330.52 $1,747.88 103744 - NICOR 03/29/2019 410.76 $410.76 100177 - ALLEGRA PRINT & IMAGING 03/30/2019 156.00 $156.00 $6,756.37 $198,348.11 101187 - CONNECTIONS FOR THE HOMELESS 04/04/2019 2,443.80 $2,443.80 $2,443.80 176213 - TESKA ASSOCIATES, INC.04/04/2019 2,885.00 $2,885.00 $2,885.00 $5,328.80 294626 - ARTISTIC ENGRAVING 03/25/2019 1,193.07 13549 - EVANSTON IMPRINTABLES 04/05/2019 220.25 103617 - NATIONAL AWARDS & FINE GIFTS 03/28/2019 60.00 103617 - NATIONAL AWARDS & FINE GIFTS 04/05/2019 218.00 $1,691.32 101143 - COMED 04/02/2019 31.89 $31.89 103744 - NICOR 03/12/2019 471.03 $471.03 $2,194.24 101729 - EVANSTON FUNERAL & CREMATION 03/01/2019 1,275.00 102984 - LAUNDRY WORLD 04/02/2019 175.00 $1,450.00 $1,450.00 101401 - DELL COMPUTER CORP.02/24/2019 8,640.00 $8,640.00 $8,640.00 167307 - NET TRANSCRIPTS, INC.03/31/2019 15.75 $15.75 $15.75Business Unit 2255 - OFFICE-PROFESSIONAL STANDARDS Totals Business Unit 2251 - 311 CENTER Totals Business Unit 2255 - OFFICE-PROFESSIONAL STANDARDS Account 62770 - MISCELLANEOUS Business Unit 2210 - PATROL OPERATIONS Totals Business Unit 2251 - 311 CENTER Account 64505 - TELECOMMUNICATIONS Business Unit 2210 - PATROL OPERATIONS Account 62490 - OTHER PROGRAM COSTS BODY REMOVAL PRISONER BLANKETS Account 64005 - ELECTRICITY ELECTRIC BILL - CAMERAS Account 64005 - ELECTRICITY Totals Business Unit 5300 - ECON. DEVELOPMENT Totals Department 21 - COMMUNITY DEVELOPMENT Totals Business Unit 2128 - EMERGENCY SOLUTIONS GRANT Totals Business Unit 5300 - ECON. DEVELOPMENT Account 62185 - CONSULTING SERVICES Department 21 - COMMUNITY DEVELOPMENT Business Unit 2128 - EMERGENCY SOLUTIONS GRANT Account 67110 - CONNECTIONS FOR THE HOMELESS 5TH DISBURSEMENT OF 2018 EMERGENCY SOLUTIONS Account 65015 - CHEMICALS/ SALT UTILITIES: NICOR Account 65015 - CHEMICALS/ SALT Totals Account 64005 - ELECTRICITY UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED Account 62770 - MISCELLANEOUS Totals TRANSCRIPTS COMPUTER PURCHASE - 311, FACS, PWA Account 64505 - TELECOMMUNICATIONS Totals Account 62490 - OTHER PROGRAM COSTS Totals Business Unit 2205 - POLICE ADMINISTRATION Totals Account 64015 - NATURAL GAS UTILITIES: NICOR Account 64015 - NATURAL GAS Totals SHADOW BOXES - RETIREES Account 62490 - OTHER PROGRAM COSTS Totals Business Unit 2205 - POLICE ADMINISTRATION Account 62490 - OTHER PROGRAM COSTS BADGES & STARS T-SHIRTS RETIREMENT PLAQUES - OFC OF THE YEAR Department 22 - POLICE RFP 18-51 CENTRAL STREET/GREEN BAY SSA STUDY Account 62185 - CONSULTING SERVICES Totals Account 67110 - CONNECTIONS FOR THE HOMELESS Totals Department 19 - ADMINISTRATIVE SERVICES Totals Account 65095 - OFFICE SUPPLIES 2019 BUSINESS CARDS FOR FLEET AND FACILITIES Account 65095 - OFFICE SUPPLIES Totals Business Unit 1950 - FACILITIES Totals Account 64015 - NATURAL GAS Totals Account 64005 - ELECTRICITY Totals Account 64015 - NATURAL GAS UTILITIES: NICOR UTILITIES: NICOR UTILITIES: NICOR UTILITIES: COMED Run by Tera Davis on 04/15/2019 02:56:37 PM Page 3 of 1081 of 611 100 GENERAL FUND Vendor Invoice Date Invoice Amount CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Invoice Description 101769 - CITY OF EVANSTON PETTY CASH 04/12/2019 311.00 12015 - BENJAMIN HOLLIMAN 04/05/2019 75.00 162925 - JEFFREY FAISON 03/28/2019 75.00 10267 - JASON M. KOHL 03/28/2019 75.00 103774 - NORTH EAST MULTI-REGIONAL 04/02/2019 100.00 11976 - TED SCHIENBEIN 04/05/2019 75.00 $711.00 103883 - OFFICE DEPOT 03/19/2019 14.37 103883 - OFFICE DEPOT 03/19/2019 29.56 $43.93 $754.93 11988 - EVANSTON ANIMAL SHELTER 03/06/2019 14,450.88 $14,450.88 101143 - COMED 04/01/2019 396.89 101143 - COMED 04/03/2019 117.90 $514.79 $14,965.67 101134 - COLLEY ELEVATOR CO.04/01/2019 199.00 322695 - ECO-CLEAN MAINTENANCE 04/02/2019 203.13 $402.13 228912 - DUSTCATCHERS, INC.03/26/2019 46.75 228912 - DUSTCATCHERS, INC.03/12/2019 46.75 $93.50 $495.63 $28,516.22 163373 - HEALTH ENDEAVORS, S.C.04/10/2019 445.00 $445.00 103356 - METROPOLITAN FIRE CHIEFS ASSOC. 03/15/2019 40.00 103356 - METROPOLITAN FIRE CHIEFS ASSOC. 03/15/2019 40.00 $80.00 103744 - NICOR 04/12/2019 314.94 103744 - NICOR 03/12/2019 383.78 103744 - NICOR 03/12/2019 470.02 103744 - NICOR 03/12/2019 388.10 103744 - NICOR 03/12/2019 316.27 103744 - NICOR 04/02/2019 413.52 $2,286.63 11435 - TODAY'S UNIFORMS INC. 02/25/2019 23.95 11435 - TODAY'S UNIFORMS INC. 02/25/2019 51.90 11435 - TODAY'S UNIFORMS INC. 02/25/2019 108.80 11435 - TODAY'S UNIFORMS INC. 02/25/2019 15.95 11435 - TODAY'S UNIFORMS INC. 02/25/2019 28.95 11435 - TODAY'S UNIFORMS INC. 02/26/2019 15.95 11435 - TODAY'S UNIFORMS INC. 02/26/2019 15.95 11435 - TODAY'S UNIFORMS INC. 02/26/2019 15.95 11435 - TODAY'S UNIFORMS INC. 02/26/2019 191.80 11435 - TODAY'S UNIFORMS INC. 02/26/2019 41.95 11435 - TODAY'S UNIFORMS INC. 02/26/2019 101.90 Account 65020 - CLOTHING UNIFORMS UNIFORMS UNIFORMS Account 62360 - MEMBERSHIP DUES MEMBERSHIP MEMBERSHIP Account 62360 - MEMBERSHIP DUES Totals Department 22 - POLICE Totals Department 23 - FIRE MGMT & SUPPORT Business Unit 2305 - FIRE MGT & SUPPORT Account 65125 - OTHER COMMODITIES FLOOR MATS FLOOR MATS Account 65125 - OTHER COMMODITIES Totals Business Unit 2295 - BUILDING MANAGEMENT Account 62225 - BLDG MAINTENANCE SERVICES ELEVATOR INSPECTION CLEANING SERVICE Business Unit 2280 - ANIMAL CONTROL Account 62509 - SERVICE AGREEMENTS/ CONTRACTS ANIMAL SHELTER OPERATIONAL COSTS OCT 2018 - JAN Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Account 65095 - OFFICE SUPPLIES OFFICE SUPPLIES - POLICE ADMIN OFFICE SUPPLIES - POLICE ADMIN Account 65095 - OFFICE SUPPLIES Totals Business Unit 2260 - OFFICE OF ADMINISTRATION Account 62295 - TRAINING & TRAVEL UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS Account 64015 - NATURAL GAS Totals UTILITIES: NICOR UTILITIES: NICOR UTILITIES: NICOR UTILITIES: NICOR UTILITIES: NICOR Account 64015 - NATURAL GAS UTILITIES: NICOR MEDICAL EVALUATION Account 62270 - MEDICAL/HOSPITAL SERVICES Totals Account 62270 - MEDICAL/HOSPITAL SERVICES Business Unit 2295 - BUILDING MANAGEMENT Totals Account 62225 - BLDG MAINTENANCE SERVICES Totals Business Unit 2280 - ANIMAL CONTROL Totals Account 64005 - ELECTRICITY ELECTRIC BILL - ANIMAL SHELTER ELECTRIC BILL - CAMERAS Account 64005 - ELECTRICITY Totals Business Unit 2260 - OFFICE OF ADMINISTRATION Totals TRAINING - BREACHPOINT MEAL ALLOWANCE - CIT TRAINING Account 62295 - TRAINING & TRAVEL Totals PETTY CASH - OFFICE OF ADMIN MEAL ALLOWANCE - CIT TRAINING MEAL ALLOWANCE - FORCE SCIENCE INSTITUTE MEAL ALLOWANCE - FORCE SCIENCE INSTITUTE Run by Tera Davis on 04/15/2019 02:56:37 PM Page 4 of 1082 of 611 100 GENERAL FUND Vendor Invoice Date Invoice Amount CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Invoice Description 11435 - TODAY'S UNIFORMS INC. 02/26/2019 23.95 11435 - TODAY'S UNIFORMS INC. 02/26/2019 35.90 11435 - TODAY'S UNIFORMS INC. 01/17/2019 54.95 11435 - TODAY'S UNIFORMS INC. 01/18/2019 34.00 11435 - TODAY'S UNIFORMS INC. 02/28/2019 21.95 11435 - TODAY'S UNIFORMS INC. 02/28/2019 23.95 11435 - TODAY'S UNIFORMS INC. 02/28/2019 50.90 11435 - TODAY'S UNIFORMS INC. 02/27/2019 24.95 11435 - TODAY'S UNIFORMS INC. 02/27/2019 49.95 11435 - TODAY'S UNIFORMS INC. 03/01/2019 18.10 11435 - TODAY'S UNIFORMS INC. 03/01/2019 84.99 11435 - TODAY'S UNIFORMS INC. 03/01/2019 126.94 11435 - TODAY'S UNIFORMS INC. 03/01/2019 54.95 11435 - TODAY'S UNIFORMS INC. 03/18/2019 30.00 11435 - TODAY'S UNIFORMS INC. 03/20/2019 21.95 11435 - TODAY'S UNIFORMS INC. 03/20/2019 97.85 11435 - TODAY'S UNIFORMS INC. 03/23/2019 84.00 11435 - TODAY'S UNIFORMS INC. 03/25/2019 69.95 11435 - TODAY'S UNIFORMS INC. 03/25/2019 10.95 11435 - TODAY'S UNIFORMS INC. 03/26/2019 19.95 11435 - TODAY'S UNIFORMS INC. 03/26/2019 40.90 11435 - TODAY'S UNIFORMS INC. 03/26/2019 24.95 11435 - TODAY'S UNIFORMS INC. 03/30/2019 23.00 11435 - TODAY'S UNIFORMS INC. 03/30/2019 188.85 11435 - TODAY'S UNIFORMS INC. 03/30/2019 119.90 11435 - TODAY'S UNIFORMS INC. 04/01/2019 69.95 11435 - TODAY'S UNIFORMS INC. 04/01/2019 21.95 11435 - TODAY'S UNIFORMS INC. 04/02/2019 46.90 11435 - TODAY'S UNIFORMS INC. 04/02/2019 155.85 11435 - TODAY'S UNIFORMS INC. 04/02/2019 219.00 11435 - TODAY'S UNIFORMS INC. 04/02/2019 129.95 11435 - TODAY'S UNIFORMS INC. 04/02/2019 129.95 11435 - TODAY'S UNIFORMS INC. 04/03/2019 140.00 11435 - TODAY'S UNIFORMS INC. 04/03/2019 25.95 11435 - TODAY'S UNIFORMS INC. 04/03/2019 248.75 11435 - TODAY'S UNIFORMS INC. 04/03/2019 736.15 11435 - TODAY'S UNIFORMS INC. 04/05/2019 117.00 11435 - TODAY'S UNIFORMS INC. 04/05/2019 84.99 $4,077.17 100401 - COMCAST CABLE 03/28/2019 15.79 $15.79 $6,904.59 228402 - PROMOS 911, INC.04/08/2019 740.79 228402 - PROMOS 911, INC.04/08/2019 304.25 $1,045.04 103316 - PHYSIO-CONTROL, INC.03/28/2019 76.35 145122 - ZOLL DATA SYSTEMS 05/15/2018 1,100.00 $1,176.35 $2,221.39 102791 - KC FITNESS SERVICE 03/29/2019 182.70 $182.70 104171 - PRAXAIR DISTIBUTION INC 03/21/2019 653.43 104171 - PRAXAIR DISTIBUTION INC 03/27/2019 533.97 $1,187.40 100158 - AIR ONE EQUIPMENT 11/23/2018 46.50 Account 65085 - MINOR EQUIPMENT & TOOLS SMALL TOOLS Business Unit 2315 - FIRE SUPPRESSION Account 62509 - SERVICE AGREEMENTS/ CONTRACTS EQUIPMENT REPAIR Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Account 62250 - COMPUTER EQUIPMENT MAINT EPCR SUPPORT SOFTWARE SUPPORT Account 62250 - COMPUTER EQUIPMENT MAINT Totals Business Unit 2310 - FIRE PREVENTION Account 62210 - PRINTING PUB ED MATERIALS PUB ED MATERIALS Account 65125 - OTHER COMMODITIES COMMUNICATION CHARGES MAR 19 Account 65125 - OTHER COMMODITIES Totals Account 65015 - CHEMICALS/ SALT Totals Account 65015 - CHEMICALS/ SALT EMS SUPPLIES EMS SUPPLIES Business Unit 2310 - FIRE PREVENTION Totals Account 62210 - PRINTING Totals Business Unit 2305 - FIRE MGT & SUPPORT Totals UNIFORMS UNIFORMS Account 65020 - CLOTHING Totals UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS UNIFORMS Run by Tera Davis on 04/15/2019 02:56:37 PM Page 5 of 1083 of 611 100 GENERAL FUND Vendor Invoice Date Invoice Amount CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Invoice Description 100158 - AIR ONE EQUIPMENT 04/05/2019 127.00 100158 - AIR ONE EQUIPMENT 10/03/2018 142.63 104509 - RUSSO POWER EQUIPMENT 04/01/2019 235.14 101350 - W S DARLEY & CO 04/11/2019 125.42 101350 - W S DARLEY & CO 04/10/2019 178.36 $855.05 100158 - AIR ONE EQUIPMENT 01/01/2019 17,892.00 103316 - PHYSIO-CONTROL, INC.03/26/2019 914.00 $18,806.00 $21,031.15 $30,157.13 222307 - VCG UNIFORM 03/31/2019 50.48 222307 - VCG UNIFORM 03/31/2019 911.97 $962.45 103883 - OFFICE DEPOT 03/25/2019 24.99 $24.99 $987.44 222307 - VCG UNIFORM 03/31/2019 50.47 222307 - VCG UNIFORM 03/31/2019 304.03 $354.50 $354.50 $1,341.94 103883 - OFFICE DEPOT 03/28/2019 3.29 $3.29 $3.29 101143 - COMED 04/01/2019 200.88 101143 - COMED 04/03/2019 82.39 101143 - COMED 04/02/2019 39.89 101143 - COMED 04/02/2019 241.15 101143 - COMED 03/29/2019 321.37 101143 - COMED 04/01/2019 52.55 101143 - COMED 04/02/2019 239.41 101143 - COMED 04/01/2019 44.67 101143 - COMED 04/01/2019 201.79 101143 - COMED 04/01/2019 98.55 101143 - COMED 04/02/2019 77.30 101143 - COMED 04/02/2019 45.90 101143 - COMED 03/29/2019 495.85 101143 - COMED 04/01/2019 107.85 101143 - COMED 04/01/2019 28.38 101143 - COMED 04/01/2019 23.85 101143 - COMED 03/29/2019 291.13 101143 - COMED 04/01/2019 62.68 101143 - COMED 04/02/2019 31.13 101143 - COMED 04/01/2019 56.62 101143 - COMED 04/01/2019 19.34 101143 - COMED 04/02/2019 75.91 101143 - COMED 04/04/2019 53.11 101143 - COMED 04/03/2019 45.71 101143 - COMED 04/03/2019 29.00 101143 - COMED 04/04/2019 167.78 Business Unit 3025 - PARK UTILITIES Account 64005 - ELECTRICITY UTILITIES: COMED UTILITIES: COMED Department 24 - HEALTH Totals Department 30 - PARKS, REC. AND COMMUNITY SERV. Business Unit 3010 - REC. BUSINESS & FISCAL MGMT Department 23 - FIRE MGMT & SUPPORT Totals Department 24 - HEALTH Business Unit 2435 - FOOD AND ENVIRONMENTAL HEALTH HELMET PARTS REPAIR PARTS UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED Business Unit 3010 - REC. BUSINESS & FISCAL MGMT Totals Account 65095 - OFFICE SUPPLIES OFFICE SUPPLIES Account 65095 - OFFICE SUPPLIES Totals Business Unit 2499 - GENERAL ASSISTANCE Totals Business Unit 2499 - GENERAL ASSISTANCE Account 65020 - CLOTHING STAFF SHIRTS EMBROIDERY STAFF SHIRTS Account 65020 - CLOTHING Totals Account 65095 - OFFICE SUPPLIES OFFICE SUPPLIES Account 65095 - OFFICE SUPPLIES Totals Business Unit 2435 - FOOD AND ENVIRONMENTAL HEALTH Totals Account 65020 - CLOTHING STAFF SHIRTS EMBROIDERY STAFF SHIRTS Account 65020 - CLOTHING Totals Business Unit 2315 - FIRE SUPPRESSION Totals Account 65085 - MINOR EQUIPMENT & TOOLS Totals Account 65625 - FURNITURE & FIXTURES TURNOUT GEAR EPCR FEE Account 65625 - FURNITURE & FIXTURES Totals REPAIR PARTS REPAIR PARTS REPAIR PARTS Run by Tera Davis on 04/15/2019 02:56:37 PM Page 6 of 1084 of 611 100 GENERAL FUND Vendor Invoice Date Invoice Amount CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Invoice Description 101143 - COMED 04/02/2019 176.12 $3,310.31 103744 - NICOR 03/28/2019 68.09 103744 - NICOR 04/03/2019 132.52 103744 - NICOR 04/03/2019 194.11 103744 - NICOR 04/03/2019 119.91 103744 - NICOR 04/02/2019 99.98 103744 - NICOR 04/04/2019 64.09 103744 - NICOR 04/02/2019 104.29 103744 - NICOR 04/05/2019 110.47 $893.46 104672 - SERVICE SANITATION INC 04/05/2019 320.00 $320.00 $4,523.77 12792 - UNIFIRST CORPORATION 04/09/2019 23.31 $23.31 103744 - NICOR 03/01/2019 127.85 $127.85 $151.16 14608 - ROBOTHINK, LLC 04/11/2019 3,500.00 $3,500.00 103744 - NICOR 03/12/2019 323.11 $323.11 16477 - FRANKLIN SPORTS, INC 10/04/2018 233.70 $233.70 $4,056.81 151986 - CINTAS CORPORATION #769 04/04/2019 35.00 102984 - LAUNDRY WORLD 04/04/2019 12.50 $47.50 12642 - PATRICK SHELTON 04/04/2019 225.00 12642 - PATRICK SHELTON 04/04/2019 225.00 12642 - PATRICK SHELTON 04/04/2019 225.00 $675.00 103744 - NICOR 03/01/2019 382.44 $382.44 12428 - SMIGO MANAGEMENT GROUP DBA 04/04/2019 490.62 $490.62 $1,595.56 16457 - LYNN BABER 04/11/2019 500.00 16479 - STEPHEN FEDO 04/11/2019 300.00 $800.00 $800.00 100310 - ANDERSON PEST CONTROL 04/05/2019 52.44 $52.44 $52.44Business Unit 3050 - RECREATION OUTREACH PROGRAM Totals Business Unit 3045 - FLEETWOOD/JOURDAIN THEATR Totals Business Unit 3050 - RECREATION OUTREACH PROGRAM Account 62495 - LICENSED PEST CONTROL SERVICES Business Unit 3040 - FLEETWOOD JOURDAIN COM CT Totals Business Unit 3045 - FLEETWOOD/JOURDAIN THEATER Account 62490 - OTHER PROGRAM COSTS Account 64015 - NATURAL GAS UTILITIES: NICOR Account 64015 - NATURAL GAS Totals Account 62511 - ENTERTAIN/PERFORMER SERV DJ FOR GRADE SCHOOL/MIDDLE SCHOOL SKATING DJ FOR GRADE AND MIDDLE SCHOOL SKATING PARTY. DJ FOR GRADE AND MIDDLE SCHOOL PARTY Business Unit 3035 - CHANDLER COMMUNITY CENTER Totals Business Unit 3040 - FLEETWOOD JOURDAIN COM CT Account 62225 - BLDG MAINTENANCE SERVICES Business Unit 3030 - CROWN COMMUNITY CENTER Account 62490 - OTHER PROGRAM COSTS JANITORIAL SUPPLY Account 62490 - OTHER PROGRAM COSTS Totals Account 65085 - MINOR EQUIPMENT & TOOLS PORTAL RENTAL OF TOILET Account 65085 - MINOR EQUIPMENT & TOOLS Totals Account 64015 - NATURAL GAS UTILITIES: NICOR UTILITIES: NICOR UTILITIES: NICOR Account 62495 - LICENSED PEST CONTROL SERVICES Totals PEST CONTROL CASTING DIRECTOR SUNSET BABY PLAYWRIGHT ETC. BLACK BALLERINA Account 62490 - OTHER PROGRAM COSTS Totals CATERING LUNCH FOR SENIOR ON WEDNESDAYS. Account 65025 - FOOD Totals Account 65025 - FOOD Account 62511 - ENTERTAIN/PERFORMER SERV Totals DOOR MATS MONTHLY CLEANING MOP HEADS WASHED Account 62225 - BLDG MAINTENANCE SERVICES Totals DODGE BALLS Account 65110 - RECREATION SUPPLIES Totals Account 64015 - NATURAL GAS UTILITIES: NICOR Account 64015 - NATURAL GAS Totals Account 65110 - RECREATION SUPPLIES Business Unit 3035 - CHANDLER COMMUNITY CENTER Account 62505 - INSTRUCTOR SERVICES ROBOTICS AND CODING CAMP Account 62505 - INSTRUCTOR SERVICES Totals Account 64015 - NATURAL GAS UTILITIES: NICOR Account 64015 - NATURAL GAS Totals Business Unit 3030 - CROWN COMMUNITY CENTER Totals Business Unit 3025 - PARK UTILITIES Totals UTILITIES: NICOR UTILITIES: NICOR Account 64015 - NATURAL GAS Totals UTILITIES: NICOR UTILITIES: NICOR UTILITIES: NICOR UTILITIES: COMED Account 64005 - ELECTRICITY Totals Run by Tera Davis on 04/15/2019 02:56:37 PM Page 7 of 1085 of 611 100 GENERAL FUND Vendor Invoice Date Invoice Amount CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Invoice Description 100310 - ANDERSON PEST CONTROL 04/01/2019 55.06 $55.06 16476 - MARQUEE MOVIE PRESENTATIONS, LLC 04/11/2019 275.00 $275.00 14598 - IDEAL CHARTER 04/09/2019 531.00 $531.00 313314 - 303 TAXI 04/01/2019 5,800.00 108194 - JUDON, ARNETT 04/01/2019 2,000.00 $7,800.00 103744 - NICOR 03/12/2019 474.38 $474.38 12428 - SMIGO MANAGEMENT GROUP DBA 03/29/2019 3,053.16 105050 - TAGS BAKERY 04/11/2019 132.00 $3,185.16 101492 - EDWARD DON & COMPANY 03/25/2019 134.98 101492 - EDWARD DON & COMPANY 03/21/2019 107.14 $242.12 103883 - OFFICE DEPOT 04/04/2019 28.99 102520 - ILLINOIS PAPER DBA IMPACT 03/28/2019 276.80 $305.79 $12,868.51 100310 - ANDERSON PEST CONTROL 04/05/2019 52.45 100310 - ANDERSON PEST CONTROL 04/05/2019 42.35 $94.80 $94.80 102755 - JORSON & CARLSON 03/29/2019 35.01 $35.01 13200 - TOTAL MECHANICAL SOLUTIONS, LLC 04/03/2019 445.00 $445.00 101646 - EMPIRE COOLER SERVICE INC 04/01/2019 100.00 102984 - LAUNDRY WORLD 04/02/2019 121.75 12792 - UNIFIRST CORPORATION 04/09/2019 69.91 $291.66 103744 - NICOR 03/01/2019 383.53 $383.53 10546 - SUPERIOR INDUSTRIAL SUPPLY 04/01/2019 491.82 $491.82 13656 - BOTANY BAY CHEMICAL COMPANY 03/27/2019 2,325.48 $2,325.48 103883 - OFFICE DEPOT 03/20/2019 23.49 103883 - OFFICE DEPOT 03/20/2019 11.67 $35.16 $4,007.66Business Unit 3095 - CROWN ICE RINK Totals Account 65050 - BLDG MAINTENANCE MATERIAL COOLING TOWER MAINTENANCE Account 65050 - BLDG MAINTENANCE MATERIAL Totals Account 64015 - NATURAL GAS UTILITIES: NICOR Account 64015 - NATURAL GAS Totals Account 62251 - CROWN CENTER SYSTEMS REPAIR AIR COMPRESSOR FOLLOW UP MAINTENANCE Account 62251 - CROWN CENTER SYSTEMS REPAIR Totals Business Unit 3080 - BEACHES Totals Business Unit 3095 - CROWN ICE RINK Account 62245 - OTHER EQMT MAINTENANCE Business Unit 3080 - BEACHES Account 62495 - LICENSED PEST CONTROL SERVICES PEST CONTROL PEST CONTROL Account 62695 - COUPON PMTS-CAB SUBSIDY TAXI REIMBURSEMENT TAXI REIMBURSEMENT Account 62695 - COUPON PMTS-CAB SUBSIDY Totals Account 62505 - INSTRUCTOR SERVICES CHICAGO FILM/MOVIE TALK LECTURE Account 62505 - INSTRUCTOR SERVICES Totals Business Unit 3055 - LEVY CENTER SENIOR SERVICES Account 62495 - LICENSED PEST CONTROL SERVICES Account 65095 - OFFICE SUPPLIES Totals Account 65095 - OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES JANITORIAL SUPPLY Account 65040 - JANITORIAL SUPPLIES Totals Account 65040 - JANITORIAL SUPPLIES ICE COOLER RENTAL CHILDCARE LAUNDRY JANITORIAL SUPPLY Account 62490 - OTHER PROGRAM COSTS Totals Account 62490 - OTHER PROGRAM COSTS ICE SCRAPER KNIVES MAINTENANCE Account 62245 - OTHER EQMT MAINTENANCE Totals Account 62495 - LICENSED PEST CONTROL SERVICES Totals Business Unit 3055 - LEVY CENTER SENIOR SERVICES Totals Account 65095 - OFFICE SUPPLIES OFFICE SUPPLIES OFFICE PAPER LEVY Account 65095 - OFFICE SUPPLIES Totals Account 65040 - JANITORIAL SUPPLIES DISHWASHER DETERGENT DISHWASHER RINSE AID Account 65040 - JANITORIAL SUPPLIES Totals Account 65025 - FOOD CONGREGATE LUNCH PROGRAM-LEVY FOOD FOR VOLUNTEERS Account 65025 - FOOD Totals Account 64015 - NATURAL GAS UTILITIES: NICOR Account 64015 - NATURAL GAS Totals Account 62507 - FIELD TRIPS Totals Account 62507 - FIELD TRIPS MAY BUS TRIP MONTHLY PEST CONTROL Account 62495 - LICENSED PEST CONTROL SERVICES Totals Run by Tera Davis on 04/15/2019 02:56:37 PM Page 8 of 1086 of 611 100 GENERAL FUND Vendor Invoice Date Invoice Amount CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Invoice Description 100310 - ANDERSON PEST CONTROL 04/05/2019 55.11 $55.11 $55.11 102594 - INSTITUTE FOR THERAPY THROUGH 03/31/2019 300.00 105668 - MCGAW YMCA 03/14/2019 1,660.00 $1,960.00 $1,960.00 151986 - CINTAS CORPORATION #769 04/09/2019 35.00 $35.00 317731 - CEE GEE MUSIC 04/10/2019 600.00 $600.00 $635.00 103744 - NICOR 03/28/2019 305.81 $305.81 100177 - ALLEGRA PRINT & IMAGING 03/01/2019 547.00 100177 - ALLEGRA PRINT & IMAGING 03/27/2019 23.00 $570.00 $875.81 100162 - ALARM DETECTION SYSTEMS, INC.04/07/2019 286.50 $286.50 103744 - NICOR 03/01/2019 466.16 $466.16 $752.66 16449 - JEREMY KAY 04/09/2019 1,500.00 16468 - JUICY JUJU 04/05/2019 1,200.00 158092 - PETRA VAN NUIS 04/05/2019 1,200.00 $3,900.00 $3,900.00 103744 - NICOR 03/01/2019 778.51 $778.51 $778.51 $37,111.09 16470 - ARDIS BERGHOFF 03/29/2019 120.00 $120.00 100273 - AMERICAN PUBLIC WORKS ASN 04/04/2019 340.00 $340.00 $460.00 100273 - AMERICAN PUBLIC WORKS ASN 04/04/2019 340.00 $340.00 $340.00 Business Unit 4300 - ENVIRONMENTAL SERVICES Account 62360 - MEMBERSHIP DUES APWA 2019 MEMBERSHIP RENEWAL Account 62360 - MEMBERSHIP DUES Totals Account 62360 - MEMBERSHIP DUES APWA 2019 MEMBERSHIP RENEWAL Account 62360 - MEMBERSHIP DUES Totals Business Unit 3806 - CIVIC CENTER SERVICES Totals Department 30 - PARKS, REC. AND COMMUNITY SERV. Totals Business Unit 3720 - CULTURAL ARTS PROGRAMS Totals Business Unit 3806 - CIVIC CENTER SERVICES Account 64015 - NATURAL GAS Business Unit 3720 - CULTURAL ARTS PROGRAMS Account 62511 - ENTERTAIN/PERFORMER SERV STARLIGHT PERFORMER STARLIGHT PERFORMER Account 64015 - NATURAL GAS UTILITIES: NICOR Account 64015 - NATURAL GAS Totals Business Unit 3605 - ECOLOGY CENTER Totals Business Unit 3710 - NOYES CULTURAL ARTS CENTER Account 62518 - SECURITY ALARM CONTRACTS Business Unit 3605 - ECOLOGY CENTER Account 64015 - NATURAL GAS UTILITIES: NICOR Account 64015 - NATURAL GAS Totals Account 62490 - OTHER PROGRAM COSTS ENTERTAINMENT FOR SPECIAL EVENT Account 62490 - OTHER PROGRAM COSTS Totals Business Unit 3130 - SPECIAL RECREATION Totals Business Unit 3225 - GIBBS-MORRISON CULTURAL CENTER Account 62225 - BLDG MAINTENANCE SERVICES Business Unit 3100 - SPORTS LEAGUES Totals Business Unit 3130 - SPECIAL RECREATION Account 62490 - OTHER PROGRAM COSTS Business Unit 3100 - SPORTS LEAGUES Account 62495 - LICENSED PEST CONTROL SERVICES Business Unit 4300 - ENVIRONMENTAL SERVICES Totals Business Unit 4105 - PUBLIC WORKS AGENCY ADMIN Totals MOVING VEHICLE PERMIT REFUND Account 52126 - RIGHT-OF-WAY PERMIT Totals Department 40 - PUBLIC WORKS AGENCY Business Unit 4105 - PUBLIC WORKS AGENCY ADMIN Account 52126 - RIGHT-OF-WAY PERMIT UTILITIES: NICOR Account 64015 - NATURAL GAS Totals Account 62511 - ENTERTAIN/PERFORMER SERV Totals STARLIGHT PERFORMER Business Unit 3710 - NOYES CULTURAL ARTS CENTER Totals QUARTERLY ALARM CHARGES Account 62518 - SECURITY ALARM CONTRACTS Totals Account 65110 - RECREATION SUPPLIES Totals Account 65110 - RECREATION SUPPLIES ANIMAL ROOM SIGNS TO BE REIMBURSED BY EEA ANIMAL ROOM SIGNS TO BE REIMBURSED BY EEA Business Unit 3225 - GIBBS-MORRISON CULTURAL CENTER Totals Account 62225 - BLDG MAINTENANCE SERVICES Totals MONTHLY MAT SERVICE MUSIC THERAPY POOL RENTAL Account 62490 - OTHER PROGRAM COSTS Totals PEST CONTROL Account 62495 - LICENSED PEST CONTROL SERVICES Totals Run by Tera Davis on 04/15/2019 02:56:37 PM Page 9 of 1087 of 611 100 GENERAL FUND Vendor Invoice Date Invoice Amount CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Invoice Description 16478 - BETH HIGGINS 02/18/2019 213.00 $213.00 $213.00 101143 - COMED 04/03/2019 37.68 14787 - CLEANSLATE CHICAGO, LLC 04/30/2018 3,609.38 $3,647.06 101192 - CONSERV FS 04/10/2019 820.00 $820.00 101192 - CONSERV FS 04/05/2019 160.00 $160.00 104509 - RUSSO POWER EQUIPMENT 03/25/2019 27.61 $27.61 $4,654.67 100273 - AMERICAN PUBLIC WORKS ASN 04/04/2019 510.00 $510.00 100924 - CDW GOVERNMENT INC.03/01/2019 3,089.35 101473 - DLT SOLUTIONS 04/10/2019 9,898.00 $12,987.35 104727 - THE SIDWELL COMPANY 03/21/2019 180.00 $180.00 103883 - OFFICE DEPOT 03/19/2019 59.96 103883 - OFFICE DEPOT 03/19/2019 3.25 $63.21 $13,740.56 100273 - AMERICAN PUBLIC WORKS ASN 04/04/2019 170.00 $170.00 $170.00 158336 - ARROW ROAD CONSTRUCTION 02/27/2019 1,272.73 13666 - BUILDERS ASPHALT, LLC 11/13/2018 83.79 13666 - BUILDERS ASPHALT, LLC 11/16/2018 74.46 $1,430.98 $1,430.98 101143 - COMED 03/14/2019 689.43 101143 - COMED 03/01/2019 499.54 101143 - COMED 03/11/2019 15,738.69 101143 - COMED 03/08/2019 369.99 $17,297.65 101143 - COMED 03/05/2019 41.48 101143 - COMED 03/06/2019 37.98 $79.46 100375 - ARTS & LETTERS LTD.04/01/2019 523.00 $523.00 $17,900.11 $38,909.32 $363,782.51 $363,782.51 Fund 100 - GENERAL FUND Totals Business Unit 4520 - TRAF. SIG.& ST LIGHT MAINT Totals Department 40 - PUBLIC WORKS AGENCY Totals Account 64007 - TRAFFIC LIGHT ELECTRICITY UTILITIES: COMED UTILITIES: COMED Account 64007 - TRAFFIC LIGHT ELECTRICITY Totals Business Unit 4510 - STREET MAINTENANCE Totals Business Unit 4520 - TRAF. SIG.& ST LIGHT MAINT Account 64006 - LIGHTING Business Unit 4500 - INFRASTRUCTURE MAINTENANCE Totals Business Unit 4510 - STREET MAINTENANCE Account 65055 - MATER. TO MAINT. IMP. Business Unit 4400 - CAPITAL PLANNING & ENGINEERING Totals Business Unit 4500 - INFRASTRUCTURE MAINTENANCE Account 62360 - MEMBERSHIP DUES Account 62199 - PARK MNTNCE & FURNITURE RPLCMN WOOD SNOW FENCE Account 62199 - PARK MNTNCE & FURNITURE RPLCMN Totals Business Unit 4330 - GREENWAYS Account 62195 - LANDSCAPE MAINTENANCE SERVICES UTILITIES: COMED LANDSCAPING SERVICES APRIL Business Unit 4320 - FORESTRY Account 62385 - TREE SERVICES REFUND: HAZARDOUS TREE REMOVAL Account 62385 - TREE SERVICES Totals Account 65115 - TRAFFIC CONTROL SUPPLI Totals Account 65115 - TRAFFIC CONTROL SUPPLI HONORARY STREET NAME AND SHEETING UTILITIES: COMED Account 64006 - LIGHTING Totals UTILITIES: COMED UTILITIES: COMED UTILITIES: COMED ASPHALT ASPHALT Account 65055 - MATER. TO MAINT. IMP. Totals UPM COLD PATCH PURCHASE APWA 2019 MEMBERSHIP RENEWAL Account 62360 - MEMBERSHIP DUES Totals OFFICE SUPPLIES OFFICE SUPPLIES Account 65095 - OFFICE SUPPLIES Totals Account 65010 - BOOKS, PUBLICATIONS, MAPS 2018 ANNUAL SERVICE FOR COOK COUNTY Account 65010 - BOOKS, PUBLICATIONS, MAPS Totals Account 65095 - OFFICE SUPPLIES Account 64545 - PERSONAL COMPUTER SOFTWARE 5 LICENSES FOR MICROSOFT PROJECT 2019 ANNUAL MAINTENANCE FEES AUTODESK Account 64545 - PERSONAL COMPUTER SOFTWARE Totals Business Unit 4400 - CAPITAL PLANNING & ENGINEERING Account 62360 - MEMBERSHIP DUES APWA 2019 MEMBERSHIP RENEWAL Account 62360 - MEMBERSHIP DUES Totals Account 65085 - MINOR EQUIPMENT & TOOLS GREENWAYS PARKS MAINTENANCE SUPPLIES Account 65085 - MINOR EQUIPMENT & TOOLS Totals Business Unit 4330 - GREENWAYS Totals Account 65005 - AGRI/BOTANICAL SUPPLIES FERTILIZER Account 65005 - AGRI/BOTANICAL SUPPLIES Totals Account 62195 - LANDSCAPE MAINTENANCE SERVICES Totals Business Unit 4320 - FORESTRY Totals Run by Tera Davis on 04/15/2019 02:56:37 PM Page 10 of 1088 of 611 175 GENERAL ASSISTANCE Vendor Invoice Date Invoice Amount 103883 - OFFICE DEPOT 03/28/2019 36.90 103883 - OFFICE DEPOT 03/27/2019 11.09 103883 - OFFICE DEPOT 03/22/2019 56.37 $104.36 $104.36 $104.36 $104.36Fund 175 - GENERAL ASSISTANCE FUND Totals Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Account 65095 - OFFICE SUPPLIES Totals Business Unit 4605 - GENERAL ASSISTANCE ADMIN Totals Department 24 - HEALTH Totals Business Unit 4605 - GENERAL ASSISTANCE ADMIN Account 65095 - OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 175 - GENERAL ASSISTANCE FUND Department 24 - HEALTH Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 189 of 611 180 GOOD NEIGHBOR FUND Vendor Invoice No.Invoice Date Invoice Amount 100177 - ALLEGRA PRINT & IMAGING 42034 04/03/2019 112.50 105676 - YOUTH JOB CENTER OF EVANSTON MEAC 04/09/2019 90,000.00 $90,112.50 $90,112.50 $90,112.50 $90,112.50 Business Unit 1800 - GOOD NEIGHBOR ADMINISTRATION Totals Department 99 - NON-DEPARTMENTAL Totals Fund 180 - GOOD NEIGHBOR FUND Totals Business Unit 1800 - GOOD NEIGHBOR ADMINISTRATION Account 62490 - OTHER PROGRAM COSTS SUSTAIN EVANSTON DECALS MAYOR'S EMPLOYMENT ADVISORY COMMISSION POSITION Account 62490 - OTHER PROGRAM COSTS Totals Invoice Description Fund 180 - GOOD NEIGHBOR FUND Department 99 - NON-DEPARTMENTAL Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 190 of 611 205 EMERGENCY TELEPHONE Vendor Invoice Date Invoice Amount 100987 - CHICAGO COMMUNICATIONS, LLC.04/03/2019 674.00 $674.00 149416 - AT & T 03/22/2019 210.10 $210.10 $884.10 $884.10 $884.10 Department 22 - POLICE Totals Fund 205 - EMERGENCY TELEPHONE (E911) FUND Totals Account 64505 - TELECOMMUNICATIONS COMMUNICATION CHARGES Account 64505 - TELECOMMUNICATIONS Totals Business Unit 5150 - EMERGENCY TELEPHONE SYSTM Totals Business Unit 5150 - EMERGENCY TELEPHONE SYSTM Account 62509 - SERVICE AGREEMENTS/ CONTRACTS MOBILE RADIO Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Invoice Description Fund 205 - EMERGENCY TELEPHONE (E911) FUND Department 22 - POLICE Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 191 of 611 240 HOME FUND Vendor Invoice Date Invoice Amount 101187 - CONNECTIONS FOR THE HOMELESS 04/11/2019 17,910.20 $17,910.20 $17,910.20 $17,910.20 $17,910.20 Business Unit 5430 - HOME FUND Totals Department 21 - COMMUNITY DEVELOPMENT Totals Fund 240 - HOME FUND Totals Business Unit 5430 - HOME FUND Account 65535 - REHAB LOANS TBRA PAYMENT Account 65535 - REHAB LOANS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 240 - HOME FUND Department 21 - COMMUNITY DEVELOPMENT Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 192 of 611 250 AFFORDABLE HOUSING FUND Vendor Invoice Date Invoice Amount 16209 - DENZIN SOLTANZADEH LLC 04/05/2019 2,047.50 $2,047.50 $2,047.50 $2,047.50 $2,047.50 Business Unit 5465 - AFFORDABLE HOUSING Totals Department 21 - COMMUNITY DEVELOPMENT Totals Fund 250 - AFFORDABLE HOUSING FUND Totals Business Unit 5465 - AFFORDABLE HOUSING Account 62490 - OTHER PROGRAM COSTS ACQUISITION & REVITALIZATION OF DISTRESSED PROPERTY Account 62490 - OTHER PROGRAM COSTS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 250 - AFFORDABLE HOUSING FUND Department 21 - COMMUNITY DEVELOPMENT Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 193 of 611 415 CAPITAL IMPROVEMENTS FUND Vendor Invoice Date Invoice Amount 101086 - CLARK DIETZ, INC.03/06/2019 * 743.74 102196 - GRUMMAN/BUTKUS ASSOCIATES 03/15/2019 *4,841.36 $5,585.10 171019 - CHRISTOPHER B. BURKE ENGINEERING, LTD. 03/05/2019 *903.00 $903.00 $6,488.10 153783 - INTERRA, INC.03/19/2019 *5,760.00 153783 - INTERRA, INC.03/19/2019 *3,955.00 153783 - INTERRA, INC.03/19/2019 *3,200.00 176213 - TESKA ASSOCIATES, INC.03/27/2019 *12,965.55 $25,880.55 171019 - CHRISTOPHER B. BURKE 03/06/2019 *8,802.57 101221 - COOK COUNTY RECORDER OF DEEDS 03/07/2019 1,304.00 103956 - OTIS ELEVATOR COMPANY 04/11/2019 *36,913.33 313740 - PHOENIX FIRE SYSTEMS, INC 01/29/2019 *32,945.00 $79,964.90 $105,845.45 104995 - B.H. SUHR & COMPANY, INC.01/10/2019 900.00 102196 - GRUMMAN/BUTKUS ASSOCIATES 03/15/2019 3,236.86 $4,136.86 $4,136.86 153783 - INTERRA, INC.04/04/2019 *12,595.00 104927 - STANLEY CONSULTANTS INC.03/28/2019 *104,422.88 $117,017.88 14848 - STRUCTURES CONSTRUCTION LLC 04/05/2019 *113,921.88 $113,921.88 $230,939.76 317200 - HAMPTON, LENZINI AND RENWICK, 04/09/2019 4,585.00 $4,585.00 $4,585.00 $351,995.17 $351,995.17 Business Unit 4219 - NON-BOND CAPITAL 2019 Totals Department 40 - PUBLIC WORKS AGENCY Totals Fund 415 - CAPITAL IMPROVEMENTS FUND Totals Business Unit 4219 - NON-BOND CAPITAL 2019 Account 65515 - OTHER IMPROVEMENTS HARBERT PARK SURVEY RFP Account 65515 - OTHER IMPROVEMENTS Totals Account 65515 - OTHER IMPROVEMENTS HOWARD ST THEATRE CONSTRUCTION CONTRACT Account 65515 - OTHER IMPROVEMENTS Totals Business Unit 4218 - NON-BOND CAPITAL 2018 Totals Business Unit 4218 - NON-BOND CAPITAL 2018 Account 62145 - ENGINEERING SERVICES TASK ORDER 7 '19 GEO-TECHNICAL & ENVIRONMENTAL SRVS CENTRAL ST BRIDGE PHASE II ENGINEERING SRVS Account 62145 - ENGINEERING SERVICES Totals MECHANICAL ENGINEERING SERVICES AT FIRE STATION 1 Account 62145 - ENGINEERING SERVICES Totals Business Unit 4119 - 2019 GO BOND CAPITAL Totals Business Unit 4118 - 2018 GO BOND CAPITAL Totals Business Unit 4119 - 2019 GO BOND CAPITAL Account 62145 - ENGINEERING SERVICES PLAT OF SURVEY FOR 949 SHERMAN AVE. SPECIAL ASSESSMENT ALLEY PAVING - 2018 SOLE SOURCE MODERNIZATION OF ELEVATORS AT CIVIC FIRE SUPPRESSION SYSTEM AT SERVICE CENTER Account 65515 - OTHER IMPROVEMENTS Totals GARDEN PARK RENOVATIONS - CONSULTING AWARD Account 62145 - ENGINEERING SERVICES Totals Account 65515 - OTHER IMPROVEMENTS SHERIDAN RD-CHICAGO AVE. PHASE III ENG SRVCS Business Unit 4118 - 2018 GO BOND CAPITAL Account 62145 - ENGINEERING SERVICES TASK ORDER 7 '19 GEO-TECHNICAL & ENVIRONMENTAL SRVS TASK ORDER 7 '19 GEO-TECHNICAL & ENVIRONMENTAL SRVS TASK ORDER 7 '19 GEO-TECHNICAL & ENVIRONMENTAL SRVS Account 65515 - OTHER IMPROVEMENTS HOWARD ST CORRIDOR IMPROVEMENT PROJECT Account 65515 - OTHER IMPROVEMENTS Totals Business Unit 4117 - 2017 GO BOND ISSUANCE Totals Business Unit 4117 - 2017 GO BOND ISSUANCE Account 62145 - ENGINEERING SERVICES CHANDLER-NEWBERGER CENTER HVAC&ELECTRICAL IMPROVEMENTS CIVIC CENTER HVAC ARCHITECTURAL/ENGINEERING SRVCS Account 62145 - ENGINEERING SERVICES Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 415 - CAPITAL IMPROVEMENTS FUND Department 40 - PUBLIC WORKS AGENCY Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 194 of 611 416 CROWN CONSTRUCTION Vendor Invoice Date Invoice Amount 226897 - WOODHOUSE TINUCCI ARCHITECTS 03/19/2019 81,451.26 $81,451.26 101143 - COMED 04/01/2019 1,467.07 103744 - NICOR 04/02/2019 2,825.76 285559 - BULLEY & ANDREWS, LLC 05/05/2019 *1,106,575.41 $1,110,868.24 $1,192,319.50 $1,192,319.50 $1,192,319.50 Business Unit 4160 - CROWN CONSTRUCTION PROJECT Totals Department 40 - PUBLIC WORKS AGENCY Totals Fund 416 - CROWN CONSTRUCTION FUND Totals Account 65515 - OTHER IMPROVEMENTS UTILITIES: COMED UTILITIES: NICOR ROBERT CROWN CONSTRUCTION Account 65515 - OTHER IMPROVEMENTS Totals Business Unit 4160 - CROWN CONSTRUCTION PROJECT Account 62145 - ENGINEERING SERVICES ROBERT CROWN ARCHITECTURAL SERVICES REMAINING FUNDS Account 62145 - ENGINEERING SERVICES Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 416 - CROWN CONSTRUCTION FUND Department 40 - PUBLIC WORKS AGENCY Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 195 of 611 420 SPECIAL ASSESSMENT Vendor Invoice Date Invoice Amount 16472 - FIRST AMERICAN TITLE INSURANCE COMPANY 04/04/2019 88.18 $88.18 16472 - FIRST AMERICAN TITLE INSURANCE COMPANY 04/04/2019 380.00 $380.00 $468.18 $468.18 $468.18 Department 26 - PUBLIC WORKS Totals Fund 420 - SPECIAL ASSESSMENT FUND Totals Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Account 56590 - SPEC ASSESS PRINCIPAL PMT OVERPAYMENT SPECIAL ASSESSMENT WARRANT 1508 Account 56590 - SPEC ASSESS PRINCIPAL PMT Totals Business Unit 6365 - SPECIAL ASSESSMENT Totals Business Unit 6365 - SPECIAL ASSESSMENT Account 56570 - SPEC. ASSESS. INTEREST OVERPAYMENT SPECIAL ASSESSMENT WARRANT 1508 Account 56570 - SPEC. ASSESS. INTEREST Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 420 - SPECIAL ASSESSMENT FUND Department 26 - PUBLIC WORKS Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 196 of 611 505 PARKING SYSTEM FUND Vendor Invoice Date Invoice Amount 16471 - MANUFACTURERS NEWS, INC 04/05/2019 70.00 $70.00 101543 - DUNBAR ARMORED 04/11/2019 4,578.77 $4,578.77 188404 - SINGH & ASSOCIATES, INC.04/09/2019 *1,191.70 $1,191.70 $5,840.47 101545 - DUNCAN PARKING TECHNOLOGIES, 04/10/2019 5,056.25 $5,056.25 105288 - UNION PACIFIC RAILROAD COMPANY 03/07/2019 11,458.50 103360 - METROPOLITAN WATER 03/22/2019 1,811.00 $13,269.50 101143 - COMED 03/29/2019 820.57 101143 - COMED 03/29/2019 885.59 $1,706.16 16336 - KUNES COUNTRY FORD OF ANTIOCH 03/20/2019 21,707.00 $21,707.00 $41,738.91 10192 - CTA/AB 03/12/2019 188.10 $188.10 154298 - CALL ONE 04/13/2019 184.92 $184.92 $373.02 10192 - CTA/AB 03/12/2019 366.30 $366.30 105150 - THYSSENKRUPP ELEVATOR 04/01/2019 10,147.02 105150 - THYSSENKRUPP ELEVATOR 01/01/2019 9,824.82 $19,971.84 120286 - JOHNSON CONTROLS FIRE PROTECTION LP 04/02/2019 9,525.00 $9,525.00 215899 - MB EVANSTON SHERMAN, L.L.C.03/25/2019 7,016.41 $7,016.41 154298 - CALL ONE 04/13/2019 525.34 $525.34 $37,404.89 10192 - CTA/AB 03/12/2019 435.60 $435.60 103744 - NICOR 03/28/2019 106.43 $106.43 154298 - CALL ONE 04/13/2019 789.50 $789.50 $1,331.53 $86,688.82 $86,688.82Fund 505 - PARKING SYSTEM FUND Totals Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Account 64505 - TELECOMMUNICATIONS Totals Business Unit 7037 - MAPLE GARAGE Totals Department 19 - ADMINISTRATIVE SERVICES Totals UTILITIES: NICOR Account 64015 - NATURAL GAS Totals Account 64505 - TELECOMMUNICATIONS COMMUNICATION CHARGES Account 62400 - CONTRACT SVC-PARKING GARAGE MONTHLY RENT-LOT 19 Account 62400 - CONTRACT SVC-PARKING GARAGE Totals Account 64015 - NATURAL GAS Account 64505 - TELECOMMUNICATIONS Totals Business Unit 7036 - 2008B Bond SHERMAN GARAGE Totals Business Unit 7037 - MAPLE GARAGE JANITORIAL SERVICES Account 62660 - BUSINESS ATTRACTION Totals Account 64505 - TELECOMMUNICATIONS COMMUNICATION CHARGES Account 62509 - SERVICE AGREEMENTS/ CONTRACTS YEARLY ALARM SERVICES 2019 Account 62509 - SERVICE AGREEMENTS/ CONTRACTS Totals Account 62660 - BUSINESS ATTRACTION Account 62425 - ELEVATOR CONTRACT COSTS SHERMAN PLAZA ELEVATORS SHERMAN PLAZA ELEVATORS JAN-MARCH Account 62425 - ELEVATOR CONTRACT COSTS Totals Business Unit 7036 - 2008B Bond SHERMAN GARAGE Account 62400 - CONTRACT SVC-PARKING GARAGE MONTHLY RENT-LOT 19 Account 62400 - CONTRACT SVC-PARKING GARAGE Totals Account 64505 - TELECOMMUNICATIONS COMMUNICATION CHARGES Account 64505 - TELECOMMUNICATIONS Totals Business Unit 7025 - CHURCH STREET GARAGE Totals Business Unit 7025 - CHURCH STREET GARAGE Account 62400 - CONTRACT SVC-PARKING GARAGE MONTHLY RENT-LOT 19 Account 62400 - CONTRACT SVC-PARKING GARAGE Totals Account 65070 - OFFICE/OTHER EQT MTN MATL REPLACEMENT VEHICLE #133 FORD TRANSIT CONNECT Account 65070 - OFFICE/OTHER EQT MTN MATL Totals Business Unit 7015 - PARKING LOTS & METERS Totals Account 64005 - ELECTRICITY UTILITIES: COMED UTILITIES: COMED Account 64005 - ELECTRICITY Totals Account 62375 - RENTALS LEASE PAYMENT FOR LOT 54 MWRDGC LOT 21 FEE Account 62375 - RENTALS Totals Business Unit 7015 - PARKING LOTS & METERS Account 62245 - OTHER EQMT MAINTENANCE 04.2019 SINGLE SPACE PARKING METER CRM Account 62245 - OTHER EQMT MAINTENANCE Totals 2019 PARKING LOT LIGHTING DESIGN RFP Account 65515 - OTHER IMPROVEMENTS Totals Business Unit 7005 - PARKING SYSTEM MGT Totals Account 62431 - ARMORED CAR SERVICES ARMORED TRUCK SERVICES-MARCH 2019 Account 62431 - ARMORED CAR SERVICES Totals Account 65515 - OTHER IMPROVEMENTS Business Unit 7005 - PARKING SYSTEM MGT Account 53385 - SPACE (LOT) RENTALS PARKING LOT PAYMENT MADE FOR REDUNDANT Account 53385 - SPACE (LOT) RENTALS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 505 - PARKING SYSTEM FUND Department 19 - ADMINISTRATIVE SERVICES Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 197 of 611 510 WATER FUND Vendor Invoice Date Invoice Amount 233886 - PLOTE CONSTRUCTION 04/08/2019 650.00 $650.00 100196 - ALONZO JR., ANGELEO 03/29/2019 278.68 15789 - JAY HENDERSON JR.03/26/2019 231.12 16326 - JORGE ROSALES 03/25/2019 304.34 10282 - ELEANORE MEADE 04/02/2019 237.80 109783 - TIMOTHY BARTUS 04/09/2019 233.28 $1,285.22 101832 - FEDERAL EXPRESS CORP.03/27/2019 31.05 $31.05 154298 - CALL ONE 04/13/2019 276.72 $276.72 212727 - IRTH SOLUTIONS 04/01/2019 200.00 212727 - IRTH SOLUTIONS 02/01/2019 200.00 $400.00 103883 - OFFICE DEPOT 03/12/2019 144.96 $144.96 $2,787.95 105481 - WATER RESOURCES 04/05/2019 2,660.00 $2,660.00 $2,660.00 101143 - COMED 03/12/2019 22.28 $22.28 103744 - NICOR 04/02/2019 106.37 103744 - NICOR 03/01/2019 1,202.89 $1,309.26 $1,331.54 120072 - PENCCO, INC.03/31/2019 7,698.96 $7,698.96 $7,698.96 14395 - DATA TRANSFER SOLUTIONS, LLC 03/21/2019 967.50 101473 - DLT SOLUTIONS 04/10/2019 2,322.60 $3,290.10 105481 - WATER RESOURCES 04/05/2019 3,505.00 $3,505.00 $6,795.10 100273 - AMERICAN PUBLIC WORKS ASN 04/04/2019 850.00 $850.00 $850.00 100780 - OZINGA CHICAGO RMC, INC.03/14/2019 1,323.00 100780 - OZINGA CHICAGO RMC, INC.03/18/2019 1,323.00 100780 - OZINGA CHICAGO RMC, INC.03/22/2019 1,323.00 100780 - OZINGA CHICAGO RMC, INC.03/21/2019 2,058.00 100780 - OZINGA CHICAGO RMC, INC.04/02/2019 1,269.00 $7,296.00 105479 - WATER PRODUCTS CO.04/02/2019 10,680.71 $10,680.71 $17,976.71 $40,100.26 $40,100.26 Business Unit 4540 - DISTRIBUTION MAINTENANCE Totals Department 40 - PUBLIC WORKS AGENCY Totals Fund 510 - WATER FUND Totals Account 65055 - MATER. TO MAINT. IMP. WATER DISTRIBUTION MATERIALS Account 65055 - MATER. TO MAINT. IMP. Totals 2019 CONCRETE PURCHASE 2019 CONCRETE PURCHASE 2019 CONCRETE PURCHASE 2019 CONCRETE PURCHASE Account 65051 - MATERIALS - STREETS DIVISION Totals Business Unit 4400 - CAPITAL PLANNING & ENGINEERING Totals Business Unit 4540 - DISTRIBUTION MAINTENANCE Account 65051 - MATERIALS - STREETS DIVISION 2019 CONCRETE PURCHASE Business Unit 4400 - CAPITAL PLANNING & ENGINEERING Account 62360 - MEMBERSHIP DUES APWA 2019 MEMBERSHIP RENEWAL Account 62360 - MEMBERSHIP DUES Totals Account 65080 - MERCHANDISE FOR RESALE NEPTUNE WATER METERS & STRAINERS Account 65080 - MERCHANDISE FOR RESALE Totals Business Unit 4225 - WATER OTHER OPERATIONS Totals Business Unit 4225 - WATER OTHER OPERATIONS Account 62340 - COMPTER LICENSE & SUPP VUEWORKS YEAR 3 SOFTWARE LICENSING, IMPLEMENTATION & TRAINING 2019 ANNUAL MAINTENANCE FEES AUTODESK Account 62340 - COMPTER LICENSE & SUPP Totals Account 65015 - CHEMICALS/ SALT HYDROFLUOROSILICIC ACID (PER SPEC) Account 65015 - CHEMICALS/ SALT Totals Business Unit 4220 - FILTRATION Totals Account 64015 - NATURAL GAS Totals Business Unit 4210 - PUMPING Totals Business Unit 4220 - FILTRATION Account 64005 - ELECTRICITY Totals Account 64015 - NATURAL GAS UTILITIES: NICOR UTILITIES: NICOR Business Unit 4208 - WATER BILLING Totals Business Unit 4210 - PUMPING Account 64005 - ELECTRICITY UTILITIES: COMED Business Unit 4208 - WATER BILLING Account 65070 - OFFICE/OTHER EQT MTN MATL NEPTUNE WATER METERS & STRAINERS Account 65070 - OFFICE/OTHER EQT MTN MATL Totals Account 65095 - OFFICE SUPPLIES OFFICE SUPPLIES Account 65095 - OFFICE SUPPLIES Totals Business Unit 4200 - WATER PRODUCTION Totals Account 64540 - TELECOMMUNICATIONS - WIRELESS DIG TRACK MONTHLY SUPPORT DIGTRACK TICKETS MONTHLY SUPPORT Account 64540 - TELECOMMUNICATIONS - WIRELESS Totals Account 62315 - POSTAGE Totals Account 64505 - TELECOMMUNICATIONS COMMUNICATION CHARGES Account 64505 - TELECOMMUNICATIONS Totals REIMBURSEMENT: WATERCON Account 62295 - TRAINING & TRAVEL Totals Account 62315 - POSTAGE SHIPPING Account 62295 - TRAINING & TRAVEL REIMBURSEMENT: WATERCON REIMBURSEMENT: WATERCON REIMBURSEMENT: WATERCON REIMBURSEMENT: WATERCON Business Unit 4200 - WATER PRODUCTION Account 56145 - FEES AND OUTSIDE WORK REFUND: FIRE HYDRANT PERMIT DEPOSIT Account 56145 - FEES AND OUTSIDE WORK Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 510 - WATER FUND Department 40 - PUBLIC WORKS AGENCY Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 198 of 611 513 WATER EXTENSION FUND Vendor Invoice Date Invoice Amount 153783 - INTERRA, INC.03/19/2019 *28,025.00 106588 - CDM SMITH, INC.03/29/2019 *18,792.87 15796 - PURE TECHNOLOGIES 09/19/2018 30,307.20 $77,125.07 15875 - MAG CONSTRUCTION CO.04/03/2019 *37,215.50 14335 - THIENEMAN CONSTRUCTION, INC.04/13/2019 1,385,147.25 $1,422,362.75 $1,499,487.82 $1,499,487.82 $1,499,487.82Fund 513 - WATER DEPR IMPRV &EXTENSION FUND Totals Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Account 65515 - OTHER IMPROVEMENTS Totals Business Unit 7330 - WATER FUND DEP, IMP, EXT Totals Department 71 - UTILITIES Totals Account 62145 - ENGINEERING SERVICES Totals Account 65515 - OTHER IMPROVEMENTS SOUTH STANDPIPE PUMP STATION MCC & BLDG RENO CLEARWELL 9 REPLACEMENT PROJECT CONSTRUCTION AGREEMENT Business Unit 7330 - WATER FUND DEP, IMP, EXT Account 62145 - ENGINEERING SERVICES TASK ORDER 7 '19 GEO-TECHNICAL & ENVIRONMENTAL SRVS TREATED WATER STORAGE ENGINEERING INSPECTION OF LARGE DIAMETER MAINS CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 513 - WATER DEPR IMPRV &EXTENSION FUND Department 71 - UTILITIES Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 199 of 611 515 SEWER FUND Vendor Invoice Date Invoice Amount 100273 - AMERICAN PUBLIC WORKS ASN 04/04/2019 340.00 $340.00 $340.00 153783 - INTERRA, INC.03/19/2019 * 3,290.00 $3,290.00 $3,290.00 $3,630.00 $3,630.00Fund 515 - SEWER FUND Totals Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Account 62461 - SEWER MAINTENANCE CONTRACTS Totals Business Unit 4535 - SEWER IMPROVEMENTS Totals Department 40 - PUBLIC WORKS AGENCY Totals Business Unit 4530 - SEWER MAINTENANCE Totals Business Unit 4535 - SEWER IMPROVEMENTS Account 62461 - SEWER MAINTENANCE CONTRACTS TASK ORDER 7 '19 GEO-TECHNICAL & ENVIRONMENTAL SRVS Business Unit 4530 - SEWER MAINTENANCE Account 62360 - MEMBERSHIP DUES APWA 2019 MEMBERSHIP RENEWAL Account 62360 - MEMBERSHIP DUES Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 515 - SEWER FUND Department 40 - PUBLIC WORKS AGENCY Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 1100 of 611 520 SOLID WASTE FUND Vendor Invoice Date Invoice Amount 100496 - SOLID WASTE AGENCY NORTHERN COOK 04/01/2019 60,502.32 $60,502.32 11992 - COLLECTIVE RESOURCE INC.03/31/2019 210.00 102184 - GROOT RECYCLING & WASTE SERVICES 04/01/2019 134,472.00 $134,682.00 102184 - GROOT RECYCLING & WASTE SERVICES 04/01/2019 78,676.54 $78,676.54 101401 - DELL COMPUTER CORP.02/24/2019 960.00 $960.00 105116 - TEUTEBERG INC 03/18/2019 956.23 $956.23 $275,777.09 $275,777.09 $275,777.09Fund 520 - SOLID WASTE FUND Totals Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Account 67107 - OUTREACH Totals Business Unit 4310 - RECYCLING AND ENVIRONMENTAL MAIN Totals Department 40 - PUBLIC WORKS AGENCY Totals COMPUTER PURCHASE - 311, FACS, PWA Account 65555 - PERSONAL COMPUTER EQUIPMENT Totals Account 67107 - OUTREACH PUBLIC SERVICE MAILING - SPANISH Account 62417 - YARD WASTE REMOVAL CONTRACTUAL COSTS 2019 RESIDENTIAL YARD WASTE COLLECTION CONTRACT Account 62417 - YARD WASTE REMOVAL CONTRACTUAL COSTS Totals Account 65555 - PERSONAL COMPUTER EQUIPMENT Account 62415 - RESIDENTIAL DEBRIS/REMOVAL CONTRACTUAL COSTS 2019 PLASTIC BAG/FILM COLLECTION PROGRAM 2019 RESIDENTIAL REFUSE COLLECTION CONTRACT Account 62415 - RESIDENTIAL DEBRIS/REMOVAL CONTRACTUAL COSTS Totals Business Unit 4310 - RECYCLING AND ENVIRONMENTAL MAIN Account 62405 - SWANCC DISPOSAL FEES FY2019 SOLID WASTE DISPOSAL FEES Account 62405 - SWANCC DISPOSAL FEES Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 520 - SOLID WASTE FUND Department 40 - PUBLIC WORKS AGENCY Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 1101 of 611 600 FLEET SERVICE FUND Vendor Invoice Date Invoice Amount 154298 - CALL ONE 04/13/2019 1,365.57 $1,365.57 $1,365.57 299298 - ADVANCED PROCLEAN INC.03/22/2019 822.45 101401 - DELL COMPUTER CORP.02/24/2019 960.00 215687 - REINDERS, INC.03/27/2019 315.47 $2,097.92 101064 - CINTAS #22 03/26/2019 188.03 101064 - CINTAS #22 04/09/2019 211.25 101064 - CINTAS #22 04/02/2019 224.62 151986 - CINTAS CORPORATION #769 03/22/2019 281.56 151986 - CINTAS CORPORATION #769 04/05/2019 287.18 151986 - CINTAS CORPORATION #769 03/29/2019 281.56 $1,474.20 103562 - MUNICIPAL FLEET MGRS ASSC C/O JACK GRAY 04/02/2019 30.00 100273 - AMERICAN PUBLIC WORKS ASN 04/04/2019 170.00 $200.00 202507 - GAS DEPOT INC.03/26/2019 10,341.00 202507 - GAS DEPOT INC.03/26/2019 8,248.10 322710 - MID-TOWN PETROLEUM ACQUISITION LLC DBA: 03/29/2019 259.40 $18,848.50 100003 - 1ST AYD CORPORATION 04/01/2019 515.42 15228 - ADVANCE AUTO PARTS 04/09/2019 11.03 299298 - ADVANCED PROCLEAN INC.04/02/2019 911.30 104011 - ALTORFER INDUSTRIES, INC.03/29/2019 2,335.56 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/21/2019 26.46 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/28/2019 16.85 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/29/2019 212.72 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/27/2019 115.53 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/27/2019 10.09 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/26/2019 87.12 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/25/2019 27.89 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/26/2019 13.49 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/26/2019 28.81 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/25/2019 175.54 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/27/2019 313.83 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 04/04/2019 15.19 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/29/2019 3.49 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 04/01/2019 48.12 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 04/05/2019 74.94 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 04/05/2019 49.96 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 03/29/2019 24.50 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 VEHICLE SPLIT LOOM TRAFFIC VEHICLE #164 TRAILER HITCH TRAFFIC VEHICLE #163 EXHAUST PARTS AIR FILTERS HYDRAULIC COUPLER HYDRAULIC COUPLER VEHICLE TAIL LIGHTS AIR FILTERS AIR FILTERS FUEL FILTERS FILTERS AND SEALS RUBBER GROMMET HYDRAULIC COUPLER BRAKE DISCS AND PADS VEHICLE RELAY VEHICLE WIRING OIL ABSORBENT TRANSMISSION FLUID CAR WASH SERVICE STREETS VEHICLE #683 PREVENTATIVE OIL FILTERS VEHICLE FUEL JAN-JUL 2019 STOCK PETROLEUM PRODUCTS Account 65035 - PETROLEUM PRODUCTS Totals Account 65060 - MATER. TO MAINT. AUTOS APWA 2019 MEMBERSHIP RENEWAL Account 62360 - MEMBERSHIP DUES Totals Account 65035 - PETROLEUM PRODUCTS VEHICLE FUEL JAN-JUL 2019 SAFETY MAT SERVICE Account 62355 - LAUNDRY/OTHER CLEANING Totals Account 62360 - MEMBERSHIP DUES 2019 MUNICIPAL FLEET MANAGERS ASSOCIATION DUES UNIFORM LAUNDRY SERVICE UNIFORM LAUNDRY SERVICE UNIFORM LAUNDRY SERVICE SAFETY MAT SERVICE SAFETY MAT SERVICE COMPUTER PURCHASE - 311, FACS, PWA GREENWAYS VEHICLE #533 REPAIRS Account 62245 - OTHER EQMT MAINTENANCE Totals Account 62355 - LAUNDRY/OTHER CLEANING Business Unit 7705 - GENERAL SUPPORT Totals Business Unit 7710 - FLEET MAINTENANCE Account 62245 - OTHER EQMT MAINTENANCE VEHICLE PRESSURE WASHING Business Unit 7705 - GENERAL SUPPORT Account 64505 - TELECOMMUNICATIONS COMMUNICATION CHARGES Account 64505 - TELECOMMUNICATIONS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 600 - FLEET SERVICES FUND Department 19 - ADMINISTRATIVE SERVICES Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 3102 of 611 600 FLEET SERVICE FUND Vendor Invoice Date Invoice Amount Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description 322967 - APC STORES, INC., DBA BUMPER TO BUMPER 04/03/2019 23.10 100412 - ATLAS BOBCAT, INC.03/20/2019 62.36 100412 - ATLAS BOBCAT, INC.03/25/2019 58.60 101081 - CITY WELDING SALES & SERVICE INC.03/31/2019 19.00 101081 - CITY WELDING SALES & SERVICE INC.03/31/2019 97.09 101300 - CUMBERLAND SERVICENTER 03/21/2019 230.00 101300 - CUMBERLAND SERVICENTER 03/27/2019 91.10 101300 - CUMBERLAND SERVICENTER 03/04/2019 228.84 101300 - CUMBERLAND SERVICENTER 03/27/2019 1,406.72 101300 - CUMBERLAND SERVICENTER 03/21/2019 170.02 101300 - CUMBERLAND SERVICENTER 03/21/2019 191.40 101300 - CUMBERLAND SERVICENTER 04/04/2019 175.64 101300 - CUMBERLAND SERVICENTER 04/03/2019 169.02 101300 - CUMBERLAND SERVICENTER 04/01/2019 409.71 101511 - DOUGLAS TRUCK PARTS 03/08/2019 215.40 122589 - GLOBAL EMERGENCY PRODUCTS 03/25/2019 110.98 122589 - GLOBAL EMERGENCY PRODUCTS 03/20/2019 1,830.93 122589 - GLOBAL EMERGENCY PRODUCTS 04/02/2019 252.84 122589 - GLOBAL EMERGENCY PRODUCTS 04/01/2019 1,041.09 227800 - GOLF MILL FORD 03/19/2019 96.00 227800 - GOLF MILL FORD 03/22/2019 44.26 227800 - GOLF MILL FORD 03/26/2019 81.82 227800 - GOLF MILL FORD 03/28/2019 14.82 227800 - GOLF MILL FORD 04/09/2019 472.98 227800 - GOLF MILL FORD 04/03/2019 93.47 227800 - GOLF MILL FORD 04/05/2019 267.80 227800 - GOLF MILL FORD 04/05/2019 127.02 227800 - GOLF MILL FORD 04/01/2019 (75.00) 227800 - GOLF MILL FORD 03/29/2019 77.75 227800 - GOLF MILL FORD 03/29/2019 4.19 227800 - GOLF MILL FORD 04/01/2019 10.50 121261 - H. BARBER & SONS, INC.03/20/2019 1,987.83 121261 - H. BARBER & SONS, INC.03/20/2019 1,966.28 102281 - HAVEY COMMUNICATIONS INC.03/27/2019 209.00 102281 - HAVEY COMMUNICATIONS INC.04/03/2019 9,027.80 102281 - HAVEY COMMUNICATIONS INC.04/09/2019 500.00 16406 - IMPERIAL SUPPLIES, LLC 12/27/2018 208.39 102614 - INTERSTATE BATTERY OF NORTHERN CHICAGO 03/28/2019 421.04 102614 - INTERSTATE BATTERY OF NORTHERN CHICAGO 03/25/2019 99.94 102614 - INTERSTATE BATTERY OF NORTHERN CHICAGO 04/02/2019 1,049.08 102614 - INTERSTATE BATTERY OF NORTHERN CHICAGO 04/08/2019 1,145.07 102614 - INTERSTATE BATTERY OF NORTHERN CHICAGO 04/05/2019 351.00 102943 - LAKE/COOK C.V. JOINTS INC 04/03/2019 165.00 259782 - LAWSON PRODUCTS, INC.03/26/2019 116.16 102994 - LEACH ENTERPRISES, INC.03/21/2019 171.80 14246 - NEW RIDE INC.08/14/2018 380.80 14246 - NEW RIDE INC.12/10/2018 168.95 14246 - NEW RIDE INC.02/16/2019 228.73 14246 - NEW RIDE INC.02/27/2019 1,096.21 14246 - NEW RIDE INC.03/23/2019 269.81 243021 - R.N.O.W., INC.03/22/2019 274.31 324612 - RUSH TRUCK CENTERS OF ILLINOIS 03/20/2019 622.90 324612 - RUSH TRUCK CENTERS OF ILLINOIS 03/20/2019 400.00 324612 - RUSH TRUCK CENTERS OF ILLINOIS 03/23/2019 1,150.88 324612 - RUSH TRUCK CENTERS OF ILLINOIS 03/22/2019 932.70 324612 - RUSH TRUCK CENTERS OF ILLINOIS 04/05/2019 620.58 324612 - RUSH TRUCK CENTERS OF ILLINOIS 04/05/2019 107.82 324612 - RUSH TRUCK CENTERS OF ILLINOIS 04/08/2019 233.40 324612 - RUSH TRUCK CENTERS OF ILLINOIS 04/02/2019 446.80 WATER VEHICLE #923 BRAKES GREENWAYS VEHICLE #624 OIL KIT BOLTS AND FLANGES FILTERS WATER VEHICLE #923 RADIATOR PARTS TIRES, MARKER LIGHTS AND BRAKE PADS THROTTLE ADVANCE SWITCH VEHICLE #923 EMISSIONS CHAMBER BRAKES WATER VEHICLE #923 BRAKES SPRING BRAKES DRIVE SHAFT ASSEMBLY UNPAID BALANCE OIL CHANGE AND COOLANT UNPAID BALANCE OIL CHANGE AND FILTERS TIMING CHAIN BATTERIES BATTERIES BATTERIES RECYCLING VEHICLE #712 HARD STEERING HEX JAM NUTS 2019 EMERGENCY VEHICLE LIGHTING AND PARTS PD VEHICLE #53 & #46 AXON VIDEO SYSTEM VEHICLE SITTINGS BATTERIES BATTERIES TRAFFIC VEHICLE #163 EXHAUST PARTS CIRCUITS GREENWAYS VEHICLE # 561 ROLLER ASSEMBLY GREENWAYS VEHICLE #561 BODY PARTS 2019 EMERGENCY VEHICLE LIGHTING AND PARTS COMMUNITY DEV VEHICLE #807 TIRE PARKING VEHICLE #113 IGNITION SYSTEM FACILITIES VEHICLE #258 AIR INTAKE BATTERY CORE RETURN PARKING VEHICLE #114 ELECTRICAL REPAIRS WATER VEHICLE #933 DIAGNOSTICS VEHICLE #770 MOTOR POOL TRAFFIC VEHICLE #163 HEATING AND COOLING GASKETS FACILITIES VEHICLE #137 PULLEYS, VBELTS AND TRIANGLE REFLECTOR KIT VALVE ASSEMBLY FIRE VEHICLE #312 ELECTRICAL FIRE VEHICLE #323 GAUGES FIRE VEHICLE #323 BRAKES VEHICLE SEATS VEHICLE MIRROR OIL GAUGES VEHICLE SEATS RECYCLING VEHICLE #720 CAB LATCH CHEMICAL CYLINDERS SAFETY LANE COUPONS VEHICLE WINDOW SWITCH VEHICLE HOSES VEHICLE #716 EXHAUST AIR FILTERS GREENWAYS VEHICLE #639 FUEL PARTS VEHICLE #639 WHEELS CYLINDERS Run by Tera Davis on 04/15/2019 02:56:37 PM Page 2 of 3103 of 611 600 FLEET SERVICE FUND Vendor Invoice Date Invoice Amount Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description 324612 - RUSH TRUCK CENTERS OF ILLINOIS 04/01/2019 131.54 324612 - RUSH TRUCK CENTERS OF ILLINOIS 04/02/2019 135.00 104918 - STANDARD EQUIPMENT COMPANY 02/27/2019 17,920.04 104918 - STANDARD EQUIPMENT COMPANY 02/27/2019 5,028.61 104918 - STANDARD EQUIPMENT COMPANY 02/27/2019 17,415.16 104918 - STANDARD EQUIPMENT COMPANY 03/26/2019 1,472.21 245587 - SUBURBAN ACCENTS, INC.04/09/2019 525.00 245587 - SUBURBAN ACCENTS, INC.04/09/2019 525.00 245587 - SUBURBAN ACCENTS, INC.04/09/2019 525.00 245587 - SUBURBAN ACCENTS, INC.04/03/2019 525.00 105104 - TERMINAL SUPPLY CO.03/19/2019 94.61 105104 - TERMINAL SUPPLY CO.03/26/2019 91.95 324441 - THE CHEVROLET EXCHANGE 03/25/2019 171.42 186754 - TRIANGLE RADIATOR 01/08/2019 220.00 105395 - VERMEER MIDWEST 03/26/2019 61.75 $82,211.86 101556 - DUXLER TIRE & CAR CENTER 04/02/2019 60.00 101556 - DUXLER TIRE & CAR CENTER 04/05/2019 60.00 245860 - WENTWORTH TIRE SERVICE 03/28/2019 428.76 245860 - WENTWORTH TIRE SERVICE 03/28/2019 136.00 245860 - WENTWORTH TIRE SERVICE 04/04/2019 258.56 245860 - WENTWORTH TIRE SERVICE 04/06/2019 266.00 $1,209.32 101511 - DOUGLAS TRUCK PARTS 03/08/2019 535.00 105104 - TERMINAL SUPPLY CO.03/22/2019 439.66 $974.66 15434 - HOWARD AUTO SERVICE 04/01/2019 140.50 $140.50 $107,156.96 $108,522.53 $108,522.53 Department 19 - ADMINISTRATIVE SERVICES Totals Fund 600 - FLEET SERVICES FUND Totals Account 65090 - SAFETY EQUIPMENT ILLINOIS VEHICLE SAFETY TESTS Account 65090 - SAFETY EQUIPMENT Totals Business Unit 7710 - FLEET MAINTENANCE Totals Account 65085 - MINOR EQUIPMENT & TOOLS FLOOR JACK REBUILD CROSS LINKED WIRES Account 65085 - MINOR EQUIPMENT & TOOLS Totals FLEET STOCK TIRES RECYCLING VEHICLE #722 TIRES COMMUNITY DEV VEHICLE #807 TIRES RECYCLING VEHICLE #720 & 722 TIRES Account 65065 - TIRES & TUBES Totals Account 65060 - MATER. TO MAINT. AUTOS Totals Account 65065 - TIRES & TUBES FIRE VEHICLE #342 TIRES COMMUNITY DEV VEHICLE #807 TIRE BALANCING HOSE FITTINGS LOCK NUTS PRCS VEHICLE #766 HEATING AND COOLING RECYCLING VEHICLE #722 EXHAUST FORESTRY VEHICLE #562 CAB PARTS RECYCLING VEHICLE #668 HYDRAULICS PD VEHICLE #46 LETTERING PD VEHICLE #48 LETTERING PD VEHICLE #53 LETTERING PD VEHICLE #36 LETTERING WATER VEHICLE #923 BRAKES WATER VEHICLE #923 BRAKES ANNUAL INSPECTION AND REPAIRS TO STREET SWEEPER #667 REPAIRS TO STREET SWEEPER #661 ANNUAL INSPECTION AND REPAIRS TO STREET Run by Tera Davis on 04/15/2019 02:56:37 PM Page 3 of 3104 of 611 601 EQUIPMENT REPLACEMENT FUND Vendor Invoice Date Invoice Amount 104453 - ROLAND MACHINERY COMPANY 03/27/2019 69,280.00 $69,280.00 $69,280.00 $69,280.00 $69,280.00 Business Unit 7780 - VEHICLE REPLACEMENTS Totals Department 19 - ADMINISTRATIVE SERVICES Totals Fund 601 - EQUIPMENT REPLACEMENT FUND Totals Business Unit 7780 - VEHICLE REPLACEMENTS Account 65550 - AUTOMOTIVE EQUIPMENT NEW HAMM ROLLER VEHICLE #682 Account 65550 - AUTOMOTIVE EQUIPMENT Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 601 - EQUIPMENT REPLACEMENT FUND Department 19 - ADMINISTRATIVE SERVICES Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 1105 of 611 605 INSURANCE FUND Vendor Invoice Date Invoice Amount 301253 - JEEP & BLAZER 03/13/2019 228,355.15 16101 - LAW OFFICES OF SHAWN JONES LEGAL SERVICES-ALD. RUE SIMMONS 03/25/2019 1,042.50 $229,397.65 $229,397.65 $229,397.65 $229,397.65 $4,332,508.19 Accounts Payable by G/L Distribution Report G/L Date Range 04/23/19 - 04/23/19 Business Unit 7800 - RISK MANAGEMENT Totals Department 99 - NON-DEPARTMENTAL Totals Fund 605 - INSURANCE FUND Totals Business Unit 7800 - RISK MANAGEMENT Account 62130 - LEGAL SERVICES-GENERAL JAMES PARK Account 62130 - LEGAL SERVICES-GENERAL Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 605 - INSURANCE FUND Department 99 - NON-DEPARTMENTAL Run by Tera Davis on 04/15/2019 02:56:37 PM Page 1 of 1106 of 611 Vendor Invoice Date Invoice Amount 101061 - AT & T MOBILITY 03/15/2019 97.56 $97.56 $97.56 $97.56 104554 - SAM'S CLUB DIRECT 02/28/2019 351.16 $351.16 $351.16 149416 - AT & T 03/16/2019 808.28 $808.28 $808.28 104554 - SAM'S CLUB DIRECT 02/27/2019 58.74 104554 - SAM'S CLUB DIRECT 02/27/2019 26.86 $85.60 $85.60 104554 - SAM'S CLUB DIRECT 02/28/2019 14.48 $14.48 $14.48 $1,259.52 104554 - SAM'S CLUB DIRECT 02/26/2019 10.98 $10.98 $10.98 104554 - SAM'S CLUB DIRECT 02/28/2019 69.88 $69.88 $69.88 104554 - SAM'S CLUB DIRECT 03/01/2019 150.90 $150.90 $150.90 104554 - SAM'S CLUB DIRECT 02/20/2019 145.12 104554 - SAM'S CLUB DIRECT 03/04/2019 20.66 $165.78 104554 - SAM'S CLUB DIRECT 03/15/2019 457.58 $457.58 $623.36 104554 - SAM'S CLUB DIRECT 03/11/2019 84.22 104554 - SAM'S CLUB DIRECT 03/15/2019 57.90 $142.12 $142.12 $997.24 $2,354.32 Accounts Payable by G/L Distribution Report *ADVANCED CHECKS FOR BILLING PERIOD ENDING 04.23.2019 Business Unit 3720 - CULTURAL ARTS PROGRAMS Totals Department 30 - PARKS, REC. AND COMMUNITY SERV. Totals Fund 100 - GENERAL FUND Totals Business Unit 3720 - CULTURAL ARTS PROGRAMS Account 65110 - RECREATION SUPPLIES *SUPPLIES: RECREATION *SUPPLIES: RECREATION Account 65110 - RECREATION SUPPLIES Totals Account 65025 - FOOD *SUPPLIES: MSYEP JOB FAIR Account 65025 - FOOD Totals Business Unit 3215 - YOUTH ENGAGEMENT DIVISION Totals Business Unit 3215 - YOUTH ENGAGEMENT DIVISION Account 62490 - OTHER PROGRAM COSTS *SUPPLIES: MSYEP JOB READINESS *SUPPLIES: MSYEP JOB READINESS Account 62490 - OTHER PROGRAM COSTS Totals Account 65110 - RECREATION SUPPLIES *SUPPLIES: BINGO PRIZES Account 65110 - RECREATION SUPPLIES Totals Business Unit 3055 - LEVY CENTER SENIOR SERVICES Totals Account 65025 - FOOD Totals Business Unit 3040 - FLEETWOOD JOURDAIN COM CT Totals Business Unit 3055 - LEVY CENTER SENIOR SERVICES Business Unit 3020 - REC GENERAL SUPPORT Totals Business Unit 3040 - FLEETWOOD JOURDAIN COM CT Account 65025 - FOOD *SUPPLIES: SEED TRAINING Department 30 - PARKS, REC. AND COMMUNITY SERV. Business Unit 3020 - REC GENERAL SUPPORT Account 65110 - RECREATION SUPPLIES *SUPPLIES: FARMERS MARKET Account 65110 - RECREATION SUPPLIES Totals Account 65040 - JANITORIAL SUPPLIES Totals Business Unit 2295 - BUILDING MANAGEMENT Totals Department 22 - POLICE Totals Business Unit 2285 - PROBLEM SOLVING TEAM Totals Business Unit 2295 - BUILDING MANAGEMENT Account 65040 - JANITORIAL SUPPLIES *SUPPLIES: JANITORIAL Account 62490 - OTHER PROGRAM COSTS *SUPPLIES: EXPLORER PROGRAM *SUPPLIES: CPA OPENING NIGHT Account 62490 - OTHER PROGRAM COSTS Totals Account 64505 - TELECOMMUNICATIONS Totals Business Unit 2251 - 311 CENTER Totals Business Unit 2285 - PROBLEM SOLVING TEAM Business Unit 2210 - PATROL OPERATIONS Totals Business Unit 2251 - 311 CENTER Account 64505 - TELECOMMUNICATIONS *COMMUNICATION- MAR 19 Business Unit 2210 - PATROL OPERATIONS Account 65025 - FOOD *SUPPLIES: PRISONER FOOD Account 65025 - FOOD Totals Business Unit 1505 - CITY MANAGER Totals Department 15 - CITY MANAGER'S OFFICE Totals Department 22 - POLICE Business Unit 1505 - CITY MANAGER Account 64540 - TELECOMMUNICATIONS - WIRELESS *COMMUNICATION- MAR 19 Account 64540 - TELECOMMUNICATIONS - WIRELESS Totals CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description Fund 100 - GENERAL FUND Department 15 - CITY MANAGER'S OFFICE Run by Tera Davis on 04/16/2019 03:28:27 PM Page 1 of 2107 of 611 Vendor Invoice Date Invoice Amount Accounts Payable by G/L Distribution Report *ADVANCED CHECKS FOR BILLING PERIOD ENDING 04.23.2019 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 Invoice Description 15523 - HOUSING ACTION ILLINOIS 03/29/2019 2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 103.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 284935 - ILLINOIS SECRETARY OF STATE, VEHICLE 04/03/2019 8.00 $191.00 $191.00 $191.00 $191.00 $5,045.32 Business Unit 7710 - FLEET MAINTENANCE Totals Department 19 - ADMINISTRATIVE SERVICES Totals Fund 600 - FLEET SERVICES FUND Totals *VEHICLE RECLASS MP- VEHICLE #772 *VEHICLE RECLASS MP- VEHICLE #43 *VEHICLE RECLASS MP- VEHICLE #36 Account 65045 - LICENSING/REGULATORY SUPP Totals *VEHICLE RECLASS MP- VEHICLE #26 *VEHICLE RECLASS MP- VEHICLE #83 *VEHICLE RECLASS MP- VEHICLE #771 *VEHICLE RECLASS MP- VEHICLE #773 *VEHICLE RECLASS MP- VEHICLE #770 Account 65045 - LICENSING/REGULATORY SUPP *REGISTRATION AND TITLE VEHICLE #723 *VEHICLE RECLASS MP- VEHICLE #18 *VEHICLE RECLASS MP- VEHICLE #1 *VEHICLE RECLASS MP- VEHICLE #19 Fund 215 - CDBG FUND Totals Fund 600 - FLEET SERVICES FUND Department 19 - ADMINISTRATIVE SERVICES Business Unit 7710 - FLEET MAINTENANCE Account 62490 - OTHER PROGRAM COSTS Totals Business Unit 5220 - CDBG ADMINISTRATION Totals Department 21 - COMMUNITY DEVELOPMENT Totals Fund 215 - CDBG FUND Department 21 - COMMUNITY DEVELOPMENT Business Unit 5220 - CDBG ADMINISTRATION Account 62490 - OTHER PROGRAM COSTS *VISTA 2019 PROGRAM FEE Run by Tera Davis on 04/16/2019 03:28:27 PM Page 2 of 2108 of 611 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT INSURANCE VARIOUS VARIOUS CASUALTY LOSS 1,447,270.27 VARIOUS VARIOUS WORKERS COMP 3,999.28 1,451,269.55 $1,451,269.55 Grand Total $5,788,823.06 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST PERIOD ENDING 04.23.2019 SUPPLEMENTAL LIST ACH AND WIRE TRANSFERS 109 of 611 For City Council meeting of February 22, 2018 Item A3 Business of the City by Motion: 1909 Raw Water Intake Replacement (RFP 19-02) For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Paul Moyano, Senior Project Manager Subject: 1909 Raw Water Intake Replacement (RFP 19-02) Date: April 11, 2019 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the 1909 Raw Water Intake Replacement (RFP 19-02) with Stantec Consulting Services, Inc. (350 North Orleans Street, Suite 1301, Chicago, IL 60604) in the amount of $598,909.00. Funding Source: Funding will be provided from the Water Fund (Account 513.71.7330.62145-719001), which has an FY2019 budget allocation of $300,000. The total budget for this this 2- year design project over FY2019 and FY2020 is $600,000. City Council will need to allocate additional funds in FY2020 to complete the project. City staff intends to pursue a low interest loan from the Illinois Environmental Protection Agency (IEPA) State Revolving Fund (SRF). The loan is only issued after the design is complete and a contractor has been selected. If the City is successful in obtaining the loan, all eligible engineering and construction costs would be funded by the loan. Livability Benefits: Built Environment: Manage water resources responsibly Reduce Environmental Impact: Improve energy and water efficiency Health and Safety: Enhance resiliency to natural & human hazards Background: The Water Filtration Plant is served by three raw water intakes extending approximately one mile into Lake Michigan. Each is comprised of an intake structure and pipeline. Memorandum 110 of 611 The oldest intake was built in 1909. It is beyond its useful life, is performing under capacity, and is in need of replacement. Replacement of the intake is a significant effort that will take at least five years to complete, including 2 years for design, 2 to 3 years for permitting (which will begin during design), and 2 to 3 years for construction. Summary: On December 20, 2018 staff issued a Request for Proposal for professional engineering services for the 1909 Raw Water Intake Replacement. This project was advertised in the Pioneer Press and on Demandstar. On February 19, 2019 the City received four proposals as listed below. Costs include services for field investigations, design, permitting, bidding, and loan application support. Firm Address Cost CDM Smith, Inc. 125 South Wacker Drive, Suite 600, Chicago, IL 60606 $473,030 Stantec Consulting Services, Inc 350 North Orleans Street, Suite 1301, Chicago, IL 60604 $598,909 Carollo Engineers, Inc. 8600 W. Bryn Mawr Avenue, Suite 900N, Chicago, IL 60631 $867,052 Lockwood, Andrews, & Newman, Inc. One Oakbrook Terrace, Suite 300, Oakbrook Terrace, IL 60181 $2,720,468 Proposals were reviewed by the following staff: • David Stoneback, Public Works Agency Director • Darrell King, Bureau Chief – Water Production • Lara Biggs, Bureau Chief – Engineering and Capital Planning • Jay Henderson, Division Chief – Pumping • Kevin Zeoli, Division Chief – Filtration • Brian Anderson, Special Projects Manager – Pumping • Tim Gray, Special Projects Manager – Filtration • Paul Moyano, Senior Project Manager • Deborah Cueva, Engineer • Linda Thomas, Purchasing Specialist The three firms with the lowest costs were invited for an interview. Scoring for each of the firms based on the proposals and the interview is shown on the following table. 111 of 611 Selection Criteria Max Pts. Stantec Consulting Services, Inc. CDM Smith, Inc. Carollo Engineers, Inc. Lockwood, Andrews & Newnam, Inc. Firm Qualifications and Experience 15 13 13 13 12 Project Team Qualifications and Experience 20 18 15 16 15 Project Approach 15 14 11 13 12 Cost / Level of Effort 20 16 20 14 3 Willingness to Execute Agreement 10 10 10 10 5 Organization and Completeness of Proposal 10 10 9 10 10 M/W/EBE Participation 10 10 10 10 5 Totals 100 91 88 86 62 Stantec Consulting Services received the overall highest score. They provided the highest-rated team and proposed the approach that most thoroughly addresses the City’s needs. All firms submitted costs for Engineering Services During Construction. However, there was a wide range in the cost that was proposed due to uncertainty in the future needs for construction support at this time. Once design is near completion, City Staff will more clearly define the needed services and negotiate appropriate scope and fees with Stantec. City Staff estimates that services during construction can be from $400,000 to $700,000. Because the City intends to fund this project through the IEPA SRF Program, the IEPA DBE goals must be followed in lieu of the City’s M/W/EBE goals. The IEPA loan rules do not recognize EBE as a DBE, nor does it allow for LEP. The IEPA fair share percentages are 5% for MBEs and 12% for WBEs, for a combined DBE participation of 17%. Stantec is proposing to exceed the IEPA goals and meet the City’s M/W/EBE goal of 25% participation during design by utilizing 18.7% MBE and 7.1% WBE. They also demonstrated a commitment to meet the City’s DBE goal through construction, utilizing 25% WBE, which would meet the IEPA DBE goals for the overall project, as well as the City’s DBE goals. A memo reviewing Stantec’s M/W/EBE participation is attached. Attachments: M/W/EBE Memo 112 of 611 1909 Raw Water Intake Replacement, RFP 19-02, M/W/EBE Memo 04.22.2019 To: David Stoneback, Public Works Agency Director Lara Biggs, P.E. Bureau Chief – Capital Planning / City Engineer Paul Moyano, Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: 1909 Raw Water intake Replacement, RFP 19-02 Date: April 22, 2019 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard the recommendation for the 1909 Raw Water Intake Replacement, RFP 19-02, Stantec Consulting Services is found to be in initial compliance with IL State DBE goals. Stantec Consulting Services total base bid is $598,909.00, and will have 25.8% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE American Surveying & Engineering 150 N. Wacker Drive, Ste. 2650 Chicago, IL 60606 Survey $31,465.62 5.3% X Ground Engineering Consultants, Inc. 350 Pfingsten Road, Unit 106 Northbrook, IL 60062 Geotech Investigations $80,000.00 13.4% X Environmental Design International, Inc. 33 West Monroe Street, # 1825 Chicago, IL 60603 Construction Services $43,000.00 7.1% X Total M/W/EBE $154,465.00 25.8% CC: Hitesh Desai, Chief Financial Officer Memorandum 113 of 611 For City Council meeting of April 22, 2019 Item A4 Business of the City by Motion: 2019 50/50 Sidewalk Replacement Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Hank Daniels, Project Management Supervisor Subject: Approval of Contract for the 2019 50/50 Sidewalk Replacement Project (Bid No. 19-10) Date: April 03, 2019 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the 2019 50/50 Sidewalk Replacement Project (Bid No. 19-10) with Sumit Construction Co., Inc. (4150 W Wrightwood Ave Chicago, IL 60039) in the amount of $232,365.00. Funding Source: Funding will be provided from the Capital Improvement Program (CIP) 2019 General Obligation Bonds in the amount of $150,000 and from estimated private funds in the amount of $82,365. A detailed funding breakdown is shown below. Funding Source Account No. FY 2019 Budget Amount Remaining Contract Award Traffic Calming, Bicycle and Pedestrian Improvements (2019 G.O. Bonds) 415.40.4119.65515 - 419015 $300,000 $284,209.50 $150,000.00 Property Owner Matching Funds (Non-City Reimbursement) 415.40.4219.65515 - 419015 n/a n/a $82,365.00 Total $232,365.00 Livability: Built Environment: Enhance public spaces; Promote diverse transportation modes Health & Safety: Promote healthy, active lifestyles Memorandum 114 of 611 Background Information: The 50/50 Sidewalk Replacement Program provides for the replacement of sections of deteriorated sidewalk as requested by property owners. The cost of sidewalk replacement is shared between property owners and the City where the property owners pay 50% of the cost. Sidewalk sections damaged by tree roots in the parkway are replaced using City funds. An initial installation of citywide sidewalk improvements will be scheduled for this spring. Depending on demand and available funding, additional sidewalk repair may be scheduled in the fall. Analysis: The bid documents were prepared and sent to several potential bidders. The project was advertised on February 07, 2019 in Pioneer Press. The project was also published on Demand Star. A pre-bid meeting was held on February 20, 2019 and the bids were received and publicly read on March 12, 2019. Two bids were submitted as follows: Contractor Address Schroeder & Schroeder Inc. 7306 Central Park Avenue, Skokie, IL 60076 Sumit Construction Co., Inc. 4150 W Wrightwood Ave Chicago, IL 60039 The submitted bid cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening. The bids were reviewed by Hank Daniels, Project Management Supervisor. A summary of the bid pricing received was as follows: Contractor Total Bid Price Schroeder & Schroeder Inc. $ 232,690.00 Sumit Construction Co., Inc. $ 232,365.00 Sumit Construction Co., Inc. has completed various similar projects for the City of Evanston and staff has found their work to be satisfactory. Therefore, staff recommends that the contract be awarded to Sumit Construction Co., Inc. This project is scheduled to begin in June 2019 and be completed by October 2019. The bid proposal indicated intent to meet the City’s M/W/EBE program goal. A memo reviewing compliance with the City’s M/W/EBE program goals is attached. Attachments: Bid Tabulation Memo on M/W/EBE Compliance 115 of 611 1PCC SIDEWALK - 5" (REMOVAL & REPLACEMENT) - MAIN WALKSQ FT 24,000 $7.50 $180,000.00 $8.00 $192,000.00 $8.00 $192,000.002PCC SIDEWALK, SPECIAL - 5" (REMOVAL, REGRADING & REPLACEMENT) - MAIN WALKSQ FT 2,000 $8.40 $16,800.00 $8.25 $16,500.00 $8.50 $17,000.003PCC SIDEWALK - 5" (REMOVAL & REPLACEMENT) - PARKWAY / SERVICE WALKSQ FT 1,000 $9.00 $9,000.00 $10.00 $10,000.00 $9.50 $9,500.004PCC SIDEWALK - 5" NEW (9" EARTH EXCAVATION & 4" AGGREGATE BASE COURSE)SQ FT 150 $10.00 $1,500.00 $11.00 $1,650.00 $10.50 $1,575.005CONCRETE CURB, TYPE B (REMOVAL & REPLACEMENT)FOOT 100 $26.00 $2,600.00 $22.00 $2,200.00 $20.00 $2,000.006COMBINATION CONCRETE CURB & GUTTER, TYPE B-6.12 (REMOVAL & REPLACEMENT)FOOT 100 $32.00 $3,200.00 $26.50 $2,650.00 $29.00 $2,900.007EARTH EXCAVATION, SPECIAL, 2"-6" SQ YD 30 $10.00 $300.00 $5.50 $165.00 $37.00 $1,110.008FURNISHING AND PLACING TOPSOIL, SPECIAL, 2"-4"SQ YD 30 $6.00 $180.00 $5.50 $165.00 $8.00 $240.009 SODDING, SPECIALSQ YD 30 $18.40 $552.00 $22.00 $660.00 $18.00 $540.0010DETECTABLE WARNINGSSQ FT 100 $33.00 $3,300.00 $40.00 $4,000.00 $30.00 $3,000.0011 BRICK PAVER REMOVAL AND REPLACEMENT SQ FT 100 $6.00 $600.00 $12.00 $1,200.00 $10.00 $1,000.0012ENGINEERING SERVICESHOUR 20 $75.00 $1,500.00 $75.00 $1,500.00 $75.00 $1,500.00$219,532.00$232,690.00$232,365.00$232,690.00$232,365.00CITY OF EVANSTONTABULATION OF BIDS FOR2019 50/50 SIDEWALK REPLACEMENT PROGRAM - BID NO. 19-10DATE: March 12, 2019 TIME: 2:00 PM ATTENDED BY: Hank DanielsAPPROVED ENGINEER'S ESTIMATEBIDDERSSchroeder & Schroeder, Inc. Sumit Construction Co., Inc.7306 Central Park Avenue 4150 W. Wrightwood AveSkokie, IL 60076 Chicago,IL 60639ITEM NO.ITEMUNITTOTAL QUANTITYUNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTALTOTAL BIDAS READAS CORRECTED116 of 611 Bid 19-10, Contract for 2019 50/50 Sidewalk Replacement Project, M/W/EBE Memo, 04.22.2019 To: David Stoneback, Public Work Agency Director Lara Biggs, Bureau Chief – Capital Planning / City Engineer Hank Daniels, Project Management Supervisor From: Tammi Nunez, Purchasing Manager Subject: Contract for 2019 50/50 Sidewalk Replacement Project, Bid 19-10 Date: April 22, 2019 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the recommendation for the 2019 50/50 Sidewalk Replacement Project, Bid 19-10, Sumit Construction Company total base bid is $232,365.00, and they will receive 100% credit for compliance towards the M/W/EBE goal. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Sumit Construction Company 4150 W. Wrightwood Avenue Chicago, IL 60639 Sidewalk Construction $232,365.50 100% X Total M/W/EBE $232,365.50 100% CC: Hitesh Desi, Chief Financial Officer Memorandum 117 of 611 For City Council meeting of April 22, 2019 Item A5 Business of the City by Motion: Treated Water Storage Change Order No. 5 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Paul Moyano, P.E., Senior Project Manager Subject: Treated Water Storage Replacement Project Engineering Services (15-55) Approval of Change Order No. 5 - Services During Construction Date: April 11, 2019 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 5 to the agreement for the Treated Water Storage Replacement Project Engineering Services to CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the amount of $366,012.00. This will increase the total contract amount from the current contract price of $1,350,770.00 to $1,716,782.00. Funding Source: Funding will be from the Water Fund, Capital Improvement Account 513.71.7330.62145 -733107, which has an FY 2019 budget allocation of $13,700,000. The total budget for the Clearwell 9 Rehabilitation Project (including construction and engineering services during construction for FY2019 and FY2020) is $23,900,000, of which $4,197,417 is remaining after authorized construction and engineering costs. The City has obtained $20,556,256 loan at an interest rate of 1.84% from the Illinois Environmental Protection Agency (IEPA) to fund all eligible engineering and construction costs. City staff will seek to revise the loan amount at the completion of the project if needed to reflect final eligible construction costs. Livability Benefits: Built Environment: Manage water resources responsibly Reduce Environmental Impact: Improve energy and water efficiency Health and Safety: Enhance resiliency to natural and human hazards Memorandum 118 of 611 Page 2 of 3 Background: On January 11, 2016, the City Council awarded the engineering services for the Treated Water Storage Replacement Project to CDM Smith. The treated water storage tank is located beneath a Northwestern University (NU) parking lot at the southwest corner of Lincoln Street and North Campus Drive. The construction contract was awarded on January 29, 2019 and demolition of the existing storage tank is now underway. Analysis: The original Engineering Services Proposal by CDM dated November 10, 2015, included provisions for Engineering Services during construction based on providing these services for 30 hours a week over 60 weeks. This 14 month duration was estimated by staff and included in the RFP to provide a common base assumption for pricing from all proposing firms. Based on these assumptions, CDM estimated their cost for engineering services during construction at $455,111. The current construction schedule spans 24 months, with special conditions aligning with the NU calendar. Work restrictions are in place during special events, and allowances are made for extended working hours during academic breaks as shown below. • Over the 24-month period, normal working hours are allowed for 70 weeks. • Extended hours are allowed for 28 weeks, allowing the contractor to work double shifts, providing an equivalent of 56 weeks of construction time. • Work is allowed over 25 Saturdays, providing an equivalent of an additional 5 weeks of construction time. The total equivalent construction time is 131 weeks. This is 2.2 times the construction time originally assumed in the RFP. The increased cost proposed by CDM to cover the additional construction time is $366,012. This increase is equivalent to 1.8 times the amount of their original proposal for engineering services during construction. The proposal deducts time for holidays and part-time activities during construction start-up and after substantial completion. Furthermore, only hours worked will be billed, which can result in a savings to the City if all budgeted hours are not needed. A breakdown of hours and costs is included in the Change Order Proposal Letter by CDM attached to the Change Order. The total proposed engineering services during construction cost is approximately 4.3% of the total construction cost of $19.8 million, which is below the industry standard of 10%. This level of support is warranted considering the magnitude and complexity of the construction project. A summary of the project funding is below: 119 of 611 Page 3 of 3 Item Amount Original Engineering Contract Amount (Awarded by City Council on January 11, 2016) $1,174,685.00 Current Engineering Contract Amount $1,350,770.00 Engineering Change Order No. 5 (Under Consideration) $366,012.00 Revised Total Engineering Contract Amount $1,716,782.00 Construction Contract Amount $19,702,583.00 FY2019 and FY2020 Budget Allocation $23,900,000.00 Along with the additional engineering services, two existing tasks will be reassigned under this Change Order. The IEPA loan accounts for engineering costs in two primary categories; design and services during construction. In the original proposal, Permitting and Envision Certification was included as a single task. (Envision Certification is a program that drives best practices for sustainable infrastructure, similar to LEED for buildings.) The Envision Certification effort will continue through construction, so the existing budget authorized in the original agreement will be split between Design and Construction tasks as shown on Table A attached to the Change Order. The same will be done with Task 8 – IEPA SRF Loan Application Support, so that remaining budget can be used to support project documentation required for the IEPA SRF Loan. Legislative History: City Council awarded the contract to CDM Smith on January 11, 2016. City Council authorized Change Order #1 on January 23, 2017. City Council authorized Change Order #2 on July 10, 2018. City Council authorized Change Order #3 on September 27, 2018. City Council authorized Change Order #4 on November 12, 2018. Attachments: Change Order No. 5 Change Order Proposal Letter from CDM Smith dated April 2, 2019 Table A - Task 4 and 8 Update 120 of 611 121 of 611 April 2, 2019 Paul Moyano, P.E., PMP Senior Project Manager – Water and Sewer City of Evanston, Public Works Agency Lorraine H. Morton Civic Center 2100 Ridge Avenue Evanston, Illinois 60201 Subject: Treated Water Storage Replacement Project (RFP 15-55) Proposal for Additional Construction-Phase Engineering Services Dear Mr. Moyano: In response to your request, and for your consideration, CDM Smith is pleased to provide this proposal for additional construction-phase engineering services for the Clearwell 9 replacement project at the Evanston Water Treatment Plant (WTP). Scope of Services During detailed design of the Clearwell 9 replacement project, a 24-month (730-day) construction contract duration was selected for this project. This duration was selected in consideration of the quantity and complexity of the work and the constraints on the functioning of the WTP and Northwestern University facilities. This construction contract duration is longer than the placeholder duration that was issued as part of the original request for proposals (RFP) and engineering contract for this project. In addition, the project documents specify time periods where no work is allowed and other periods of time when the contractor is allowed to work extended hours. This scope of services proposal covers the additional construction administration and construction inspection services required for these revised construction contract requirements. · Task 6: Construction Administration Services The RFP for the Clearwell 9 replacement project specified that a 14-month construction duration be assumed for the construction administration tasks, including construction coordination meetings. The increase to a 24-month construction duration will increase the number of construction coordination meetings, the number of contractor pay requests for review and processing, and general project management/invoicing activities. · Task 7: Construction Inspection Services The RFP for the Clearwell 9 replacement project specified that a 14-month (60-week), 30- hours per week construction duration (1800-hours total) be assumed for the construction inspection task. While the actual construction inspection needs will be 122 of 611 Paul Moyano – April 2, 2019 Page 2 impacted by the detailed work schedule developed by the construction contractor (TCI), we have developed an estimate of the inspection requirements following discussions with TCI along with a review of their proposed construction schedule. Based upon this information, we are estimating a requirement of 4,889 inspection hours for this project (increase of 3,089 hours), as shown in Table 1. This estimate assumes the following: o Inspection during periods of normal working hours will consist of Monday – Friday for 8 hours per day o Inspection during periods of extended working hours will consist of Monday – Friday for 16 hours per day, Saturday for 8 hours per day o During periods of heavy construction activities (assumed to take place over an 8- week duration of the summer of 2019), an additional half-time inspector is assumed to supplement inspection needs o Half-time inspection would be required between substantial completion and final completion. Proposed Project Fee In consideration of the aforementioned proposed scope of services, CDM Smith proposes to perform the defined Tasks for the not to exceed fees shown below: · Construction Administration: CDM Smith proposes to amend the fee for Construction Administration from the current amount of $270,516, to a revised not to exceed fee of $312,994, (an increase of $42,478). · Construction Inspection: CDM Smith proposes to amend the fee for Construction Inspection from the original amount of $184,595, to a revised not to exceed fee of $508,129, (an increase of $323,534). Compensation will be on an hourly basis, in accordance with the attached hourly billing rate schedule, and will include reimbursement for travel, work product reproduction, and express mail. An estimate of labor effort breakdown is included as an attachment. Please call either Mark or myself directly should you have any questions or request any additional information regarding our proposal revision. We thank you in advance for your consideration. 123 of 611 Paul Moyano – April 2, 2019 Page 3 Very truly yours, Chris M. Martel, P.E., BCEE, LEED AP Mark C. White, P.E., BCEE Vice President Project Manager CDM Smith Inc. CDM Smith Inc. Attachment 124 of 611 Table 1: Calculation of Inspection Effort for Clearwell 9 Replacement Project Dates Description Calculation Time 2/7/19 to 3/31/19 Inspection services incurred to date ramping up from part-time to full-time. 97 hr 4/1/19 to 6/16/19 11 weeks of full-time inspection under normal hours Holiday: Memorial Day 54 days x 8 hr/d 432 hr 6/17/19 to 6/23/19 No Work 6/24/19 to 9/13/19 12 weeks of inspection under extended hours. 8 weeks of additional half-time staff due to heavy construction activities. Holiday: Fourth of July, Labor Day 58 days x 16 hr/d + 11 days x 8 hr/d + 40 days x 4 hr/d 1,176 hr 9/14/19 to 9/22/19 No Work 9/23/19 to 11/26/19 9.5 weeks of full-time inspection under normal hours 47 days x 8 hr/d 376 hr 11/27/19 to 12/1/19 Holiday: Thanksgiving 12/2/19 to 12/14/19 2 weeks of full-time inspection under normal hours 10 days x 8 hr/d 80 hr 12/15/19 to 1/5/20 3 weeks of inspection under extended hours. Assume 1 week off for holidays. Holiday: Christmas, New Years 10 days x 16 hr/d + 2 days x 8 hr/d 176 hr 1/6/20 to 3/21/20 11 weeks of full-time inspection under normal hours 55 days x 8 hr/d 440 hr 3/23/20 to 3/29/20 1 week of inspection under extended hours 5 days x 16 hr/d + 1 day x 8 hr/d 88 hr 3/30/20 to 6/14/20 11 weeks of full-time inspection under normal hours Holiday: Memorial Day No Work Day: 5/20/20 53 days x 8 hr/d 424 hr 6/15/20 to 6/21/20 No Work 6/22/20 to 9/11/20 12 weeks of inspection under extended hours Holiday: Fourth of July, Labor Day 58 days x 16 hr/d + 11 days x 8 hr/d 1,016 hr 9/12/20 to 9/20/20 No Work 9/21/20 to 11/25/20 9.5 weeks of full-time inspection under normal hours 48 days x 8 hr/d 384 hr 11/26/20 to 11/29/20 Holiday: Thanksgiving 11/30/20 to 12/13/20 2 weeks of full-time inspection under normal hours 10 days x 8 hr/d 80 hr 12/14/20 Due Date for Substantial Completion 12/14/20 to 1/28/21 6.5 weeks of half-time inspection under normal hours Holiday: Christmas, New Years 15 days x 8 hr/d 120 hr 1/28/21 Due Date for Final Completion TOTAL 4,889 hrs Assumes normal inspection hours: Monday – Friday for 8 hours per day; Assumes extended inspection hours: Monday – Friday for 16 hours per day, Saturday for 8 hours per day 125 of 611 Table 2 City of Evanston Treated Water Storage Replacement Project April 2, 2019 Task Description PM / Design Lead Construction Inspector Admin Labor Hours Labor Dollars Other Direct Costs 6 Construction Administration - Amendment for Extended Construction Schedule Subtotal Hours 180 0 30 210 Subtotal Dollars $39,548 $0 $2,930 $42,478 $0 7 Construction Inspection - Amendment for Extended Construction Schedule Subtotal Hours 0 3089 0 3089 Subtotal Dollars $0 $323,534 $0 $323,534 $0 Proposed Project Tasks and Fee Project Team Members 126 of 611 CHANGE ORDER NO. 5 TABLE A - TASK 4 AND 8 UPDATE ENVISION CERTIFICATION DURING CONSTRUCTION IEPA SRF LOAN DOCUMENTATION DURING CONSTRUCTION Task Description Current Contract Amount Change Order 5 Revised Contract Amount 4 Permitting and Envision Certification $47,103.00 -$32,100.58 $15,002.42 8 IEPA SRF Loan Application Support $4,835.00 -$4,365.29 $469.71 10 Envision and IEPA Loan (Construction)$0.00 $36,465.87 $36,465.87 Total $51,938.00 $0.00 $51,938.00 127 of 611 For City Council meeting of April 22, 2019 Item A6 Business of the City by Motion: Material Testing Services Contract For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Chris Venatta, P.E., Senior Project Manager Subject: Contract Extension for Material Testing Services (RFP 17-02) Date: April 22, 2019 Action: Staff recommends City Council authorize the City Manager to execute an amendment for the second 1-year contract extension with Interra, Inc. (600 Territorial Drive, Suite G, Bolingbrook, IL 60440) to the agreement for Material Testing Services (RFP 17-02) for various capital infrastructure improvement projects in the not-to-exceed amount of $150,000. Funding Source: Funding will be provided from the 2019 General Obligation Bonds, Water Fund, MFT Fund, Parking Fund, and Sewer Fund, depending on the project. Projects utilizing material testing services include street resurfacing, alley paving, sidewalk replacement, sewer and water main improvements, and other infrastructure improvements as needed. The table below includes the total anticipated 2019 funding breakdown with account numbers for the not-to-exceed contract amount of $150,000. Fund Account Amount 2019 General Obligation Bonds 415.40.4119.62145 $30,000 Water Fund 513.71.7330.62145 $55,000 MFT Fund 415.40.4219.62145 $20,000 Waste Transfer Station Fund 415.40.4219.62145 $20,000 Parking Fund 505.19.7005.62145 $10,000 Sewer Fund 515.40.4535.62461 $15,000 Total $150,000 Memorandum 128 of 611 This agreement is a multiple task order agreement. Cost proposals for Task Orders 1 and 2 have been received, which are the first of a series of task orders for 2019 as various capital projects demand material testing services during the planning, design, and construction phases. Task Order 1 and 2 pricing will be paid for as displayed in the following table: Task No. Budget Description Account No. Project No. Amount 1 Geotech. & Environ. Services 415.40.4219.62145 419017 $ 16,190.00 2 Material Testing Work (see below) 2a Water Main Project 513.71.7330.62145 419012 $ 26,225.00 2b MFT Street Resurfacing 415.40.4219.62145 419002 $ 10,544.00 2c Parking Lot Project 505.19.7005.62145 419013 $ 5,561.00 Total Amount: $ 58,520.00 Livability Benefits: Built Environment: Enhance Public Spaces Background Information: Material testing services include construction material testing and geotechnical and environmental engineering services. These services are necessary to support capital infrastructure improvement projects. The results of construction material testing, subsurface geotechnical investigations, and environmental analysis will aid staff to ensure quality construction, proper design, and environmental compliance on City projects. On February 27, 2017, the City Council awarded a contract for material testing services to Interra, Inc. This agreement is for a term of one year with two additional one year options to renew. The first 1-year extension was approved by City Council for the term of 2/28/18 – 2/28/20 on April 23, 2018. This second contract extension will be for the term of 2/28/19 – 2/28/20. Analysis: Interra has agreed to renew the contract for a second 1-year extension. Interra performed satisfactory work last year completing material testing for several different projects, and staff is recommending the contract be extended by one year. The proposal included in this memo is for geotechnical and environmental services associated with alley paving projects (Task 1) and material testing needed during the construction of the 2019 Water Main and Street Resurfacing project (Task 2a), for the 2019 MFT Street Resurfacing project (Task 2b), and for the 2019 Parking Lot Improvements Project (Task 2c). Staff will solicit additional proposals for other projects this year as needed. The total not-to-exceed amount is $150,000 for all proposals that are part of this contract extension. 129 of 611 Legislative History: On 2/27/17, City Council awarded the initial Material Testing Services Agreement (RFP 17-02) to Interra, Inc. On 4/23/18, City Council awarded the first 1-year contract extension to Interra, Inc. Attachments: Task Order 1 and 2 Cost Proposals 130 of 611 Project:2019 Alley Projects (N. of Davis & E. of Dodge, S. of Davis & E. of Dodge, N. of Grove E. of Dewey) City:Evanston, IL Date 3/11/2019 $16,190.00 Item No.Unit Qty.Unit Rate Amount, $ 1 Lumpsum 1.50 750.00 1125.00 2 Lumpsum 1.00 4000.00 4000.00 2 Lumpsum 1.00 750.00 750.00 3 Lumpsum 0.00 0.00 0.00 4 Lumpsum 0.00 0.00 0.00 5 Lumpsum 1.00 750.00 750.00 6 Each 30.00 10.00 300.00 7 Lumpsum 4.00 500.00 2000.00 8 Each 3.00 275.00 825.00 9 Each 6.00 15.00 90.00 10 Each 0.00 225.00 0.00 11 Each 6.00 600.00 3600.00 12 Each 3.00 500.00 1500.00 13 Lumpsum 1.00 1250.00 1250.00 $16,190.00 Notes: Soil Report Historical Records pH Testing SVOCs and Metals Testing Full Analytical Testing (VOCs, SVOCs, RCRA Metals, PCBs & Pesticides) LPC 663 Certification or Environmental Summary Report Project Management 1) It is assumed that Traffic Control will not be required. 2) "Environmental Summary Report" with analytical data & recommendations will be provided for sites that do not qualify for LPC 663. Laboratory Testing of Soils, Moisture Content & Pocket Penetrometer 600 Territorial Drive, Suite G, Bolingbrook, IL 60440 Phone :(630) 754-8700 Fax :(630) 754-8705 Task Order # 2019-01, Geotechnical & Environmental Services Total Cost Estimate Item Description Boring/Core Location, Utility Clearance and Drilling Coordination, posting "No Parking" Soil Drilling including Mobilization (6 Borings @ 10 feet each, various alleys) Pavement Coring, Asphalt Pavement, 4-inch dia., up to 8 inches depth Pavement Core Report Field Engineer/Geologist for Soil Sampling Soil Drilling including Mobilization (1 Borings @ 20 feet each, Howard Street Parking) 131 of 611 Project:Water Main Improvement (Non QC/QA) City:Evanston, IL $26,225.00 Trips Hours Scope of Work No. Rate Cost ($) 15 8.0 Field Testing 1 90.00 10800.00 10 8.0 Plant & Field Density Testing 1 90.00 7200.00 4 600.00 2400.00 90 22.00 1980.00 120 15.00 15 75.00 1125.00 10 25.00 250.00 Project Management 12.0 Field Issues & Review Reports 1 135.00 1620.00 10.0 1 85.00 850.00 25 $26,225.00 HMA Sampling & Field Testing(Full-Day), Lvl II Cylinder Pick-Up Reports Nuclear Gauge Rental Cylinder Breaks (6" x 12") Cylinder Breaks (4" x 8")(Alternate) Interra, Inc. 600 Territorial Drive, Suite G, Bolingbrook, IL 60440 Phone :(630) 754-8700 Fax :(630) 754-8705 Task Order #2, Construction Materials Testing Total Cost Estimate for Field Testing HMA Test (Gmm, Gmb, Extraction / Wash Grad.) PCC Field TestingSampling (Full-Day), Lvl II Item Description 132 of 611 Project:MFT Street Resurfacing (QC/QA) City:Evanston, IL $10,544.00 Trips Hours Scope of Work No. Rate Cost ($) 4 8.0 Field Testing 1 90.00 2880.00 4 8.0 Plant & Field Testing 1 90.00 2880.00 2 4.0 Soils Field Testing 1 90.00 720.00 2 600.00 1200.00 32 22.00 704.00 60 15.00 4 75.00 300.00 4 25.00 100.00 Project Management 8.0 Field Issues & Review Reports 1 135.00 1080.00 8.0 1 85.00 680.00 8 $10,544.00 Interra, Inc. 600 Territorial Drive, Suite G, Bolingbrook, IL 60440 Phone :(630) 754-8700 Fax :(630) 754-8705 Task Order #2, Construction Materials Testing Total Cost Estimate for Field Testing Item Description HMA QA Plant & Field Sampling (Full-Day), Lvl I Nuclear Gauge Rental Reports PCC QA Field Sampling (Full-Day), Lvl I Cylinder Breaks (4" x 8")(Alternate) Aggregate Proofroll HMA Test (Gmm, Gmb, Extraction / Wash Grad.) Cylinder Breaks (6" x 12") Cylinder Pick-Up 133 of 611 Project:Parking Lot (non QC/QA) City:Evanston, IL $5,561.00 Trips Hours Scope of Work No. Rate Cost ($) 2 8.0 Field Testing 1 90.00 1440.00 2 8.0 Plant & Field Testing 1 90.00 1440.00 1 4.0 Soils Field Testing 1 90.00 360.00 2 600.00 1200.00 8 22.00 176.00 8 15.00 2 75.00 150.00 2 25.00 50.00 Project Management 3.0 Field Issues & Review Reports 1 135.00 405.00 4.0 1 85.00 340.00 4 $5,561.00 Cylinder Breaks (6" x 12") Cylinder Pick-Up Item Description HMA QA Plant & Field Sampling (Full-Day), Lvl I Nuclear Gauge Rental Reports PCC QA Field Sampling (Full-Day), Lvl I Cylinder Breaks (4" x 8")(Alternate) Aggregate Proofroll HMA Test (Gmm, Gmb, Extraction / Wash Grad.) Interra, Inc. 600 Territorial Drive, Suite G, Bolingbrook, IL 60440 Phone :(630) 754-8700 Fax :(630) 754-8705 Task Order #2, Construction Materials Testing Total Cost Estimate for Field Testing 134 of 611 For City Council meeting of April 22, 2019 Item A7 Business of the City by Motion: Spring Tree Purchase For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Paul D’Agostino, Environmental Services Coordinator Subject: Purchase of Trees for Spring Planting Date: April 12, 2019 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract award for the purchase of 246 trees from Suburban Tree Consortium (STC) in the amount of $52,625.00. Funding Source: Funding for this purchase is provided from the General Fund and private funding as outlined in the table below. Funding Source Account FY 2019 Budget Remaining Contract Amount General Fund 100.40.4320.65005 $135,000.00 $50,625.00 Replant Express Funds (private funding) 100.41335 $ 2,000.00 $ 2,000.00 Total $137,000.00 $52,625.00 Private funds are from the “Replant Express” program, which is a fee of $250 paid by residents to expedite tree planting on the parkway adjacent to their property. The amount in this year’s contract is to pay for eight expedited tree plantings. Livability Benefits: Climate & Energy: Improve energy and water efficiency Natural Systems: Protect and restore natural ecosystems Memorandum 135 of 611 Background: In June 2001, the City Council passed Ordinance 65-O-01, which authorized the City of Evanston to join and participate in the Suburban Tree Consortium (STC). The benefit of this membership is that by merging orders with other municipalities, our buying power is increased through economies of scale. In addition, Resolution 60-R-02 was passed in August 2002, which expressed the intent of the City of Evanston to remain a member of the STC as long as sufficient funding is appropriated. Another advantage of membership is the City’s ability to pre-order specific tree species for five years into the future. This allows the nurseries to grow a large percentage of the exact tree species that will be needed in future years. The STC solicits quotes each spring and fall from participating nurseries on behalf of Evanston. Analysis: In January, staff sent a listing of the required trees for parkway planting this spring season to the STC. The STC then solicited and received bids from member area nurseries to attempt to procure the needed trees. STC was able to locate all of the 2”/2.5” diameter tree species in the quantity needed. The total for all 246 STC trees is $52,625.00, which includes delivery costs. The trees are being supplied by three nurseries: • Goodmark Nurseries, LLC. (8920 Howe Road, Wonder Lake, IL) • Doty Nurseries, LLC (45W121 Beith Rd., Maple Park, IL) • E. A. de St. Aubin Nursery (35445 Irene Rd., Kirkland IL). The City will also be planting 40 additional trees this spring that are being provided by a gift from Vistra Energy. Vistra Energy has partnered with the Morton Arboretum and the Chicago Region Trees Initiative to help plant trees in the communities that Vistra Energy serves. The full cost of these 40 trees and the delivery charges ($11,140) are being paid for directly by Vistra Energy. City of Evanston Forestry staff will plant the trees once they are delivered. Legislative History: In June 2001, the City Council passed Ordinance 65-O-01, which authorized the City of Evanston to join and participate in the Suburban Tree Consortium (STC). Attachments: Nursery order confirmations Vistra Energy gift letter and tree order invoice 136 of 611 137 of 611 138 of 611 139 of 611 140 of 611 141 of 611 142 of 611 143 of 611 144 of 611 For City Council meeting of April 22, 2019 Item A8 Business of the City by Motion: Tree Planting Services For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director, Public Works Agency Paul D’Agostino, Environmental Services Coordinator Subject: Tree Planting Services Date: April 12, 2019 Recommended Action Staff recommends the City Council authorize the City Manager to execute a contract award for the 2019 Tree Planting Services to Herrera Landscape and Snow Removal, Inc. (8836 Lincolnwood Drive, Evanston, IL 60203) in an amount not to exceed $45,000.00. Funding Source Funding for this project is from the FY 2019 General Fund budget 100.40.4320.65005, which has a total allocation of $135,000, which has a remaining balance of $82,375. Livability Benefits: Built Environment: Enhance public spaces Natural Systems: Protect and restore natural ecosystems Background: The City has been using the Suburban Tree Consortium’s (STC) tree planting contractor in the past to plant some of the new parkway trees each year for many years. Over the past few years, the STC contractor has been planting the trees only to meet the specifications of the STC. City staff believes the STC specifications are deficient in some ways, so the decision was made to solicit bids for this service beginning in 2019. Examples of deficiencies in the STC specifications include allowing the root ball to be left covered with burlap and tied around the base of the trunk, and not requiring the planting hole to be dug wide enough to allow for future root growth. The specifications staff wrote for this contract resolve these deficiencies and allow for better tree planting methods overall. Memorandum 145 of 611 Analysis: Bids for the tree planting services were opened and publicly read on April 9, 2019. The bid package was advertised in Pioneer Press, and direct invitations to bid were sent to seven Evanston based landscape companies, as well as twelve other landscape companies. Only three bids were received. This contract is for one year of tree planting during both spring and fall for up to 300 trees at locations to be determined by the City. The 2019 bid includes two optional one- year contract renewals, with the recommendation of award to be based on the performance of the contractor during the 2019 seasons and the approval of sufficient funding in FY 2020 and FY 2021. The scope of work involves both spring and fall planting of trees on parkways citywide that range in size between 2” and 2.5” diameter; mulching, trimming and watering the trees when necessary for one year as needed, and a one-year warranty. The contractor is also responsible for transporting the trees from the City holding yard on Oakton St. to each planting site. The results of the bids received are as follows: Bidder Address 2019 Bid 2020 Bid 2021 Bid G. W. Lytle & Associates 1728 Brown Ave. Evanston, IL 60201 $90,000.00 $90,000.00 $90,000.00 Herrera Landscape and Snow Removal, Inc. 8836 Lincolnwood Dr. Evanston, IL 60203 $45,000.00 $47,400.00 $49,800.00 Pugsley & LaHaie 24414 N. Old McHenry Rd. Lake Zurich, IL 60047 Non-responsive Pugsley & LaHaie’s bid has been deemed non-responsive due to the fact that they submitted an incomplete bid document. Attachments: Memo on M/W/EBE Compliance 146 of 611 Tree Planting Services, Bid 19-20, M/W/EBE Memo 04.22.2019 To: David Stoneback, Public Works Agency Director Paul D’Agostino, Environmental Services Coordinator From: Tammi Nunez, Purchasing Manager Subject: Tree Planting Services, Bid 19-20 Date: April 22, 2019 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to the Tree Planting Services, Bid 19-20, Herrera Landscape and Snow Removal, Inc., will self-perform 100% of the work. Herrera Landscape Snow Removal, Inc. located within 60203 zip code is not eligible to receive credit as an EBE (based on the City Ordinance Section1-17-1 C). However, Herrera Landscape Snow Removal, Inc. possesses a city business license based on taxes paid into Evanston school districts. CC: Hitesh Desai, Chief Financial Officer Memorandum 147 of 611 For City Council Meeting of April 22, 2019 Item A9 Business of the City by Motion - Passport PlateScout LPR Solution For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Jill Velan, Parking Division Manager Subject: Approval of the Single Source Purchase of five (5) Passport PlateScout License Plate Recognition Systems Date: April 17, 2019 Recommended Action Staff recommends City Council approval of the Single Source purchase of five (5) PlateScout License Plate Recognition (LPR) systems from Passport Labs (128 S. Tryon Street #2200, Charlotte, NC 28292) for the Administrative Services Department in the amount of $206,500.00. Funding Source Funding will be from the Parking Fund – Other Improvements (Account 505.19.7005.65515), with a budget of $3,510,000.00 and $3,405,607.91 remaining. Summary Since 2012 the City has used mobile LPR technology for some parking enforcement functions. In the last two years those functions have increased to include the use of mobile LPR technology to verify parking permits, confirm mobile and pay station payments, issue citations, identify scofflaws (boot eligibility), and check wheel tax compliance. Over the last seven years the City has been slowly increasing its LPR enforcement fleet to the current level of five vehicles. With the addition of Sunday enforcement and two Parking Enforcement Officers the City has an immediate need to add two mobile LPR systems to its enforcement fleet, bringing the total number to seven mobile LPR vehicles. At this time, two of the LPR units are no longer functioning on a consistent basis and one LPR unit is nearing the end of its useful life. With the addition of two new mobile LPR vehicles, the purchase of five new mobile LPR units is required to fulfill enforcement functions. Memorandum 148 of 611 The Passport mobile LPR system interfaces directly with the Genetec Camera hardware allowing the City to continue to use its two newest LPR vehicles that were purchased in 2017. With the direct integration there is increased functionally and improved officer usability. The same software is used in the enforcement handhelds as in the in-vehicle LPR reducing the possibility for errors. An additional benefit of migrating the City’s mobile LPR system to the Passport PlateScout software is the dashboard and reporting capabilities. The new software has occupancy/parking analytics. This will allow for almost real-time analysis of data such as citation issuance and parking lot occupancy when conducting usage studies. This new system also comes at a significant savings to the City as the units are approximately $8000 less (per unit) than the City’s previous mobile LPR system. That equates to a $40,000 decrease for this purchase. Attachments: Passport Proposal 149 of 611     PlateScout LPR Solution    Mobile License Plate Recognition Solution Proposal    For:  City of Evanston, IL  2100 Ridge Ave  Evanston, IL 60201    From:  Passport Labs  128 S. Tryon St #2200   Charlotte, NC 28202                                      150 of 611       Table of Contents Page No.   Cover Letter 2   Executive Summary 4   Review of PlateScout Solution 5   Opportunities for PlateScout 12   Pricing 15                                             1 151 of 611   Cover Letter  Jill Velan   Division Manager, Parking  Evanston, IL 60201  USA    March 6th, 2019  Dear Jill,  We are pleased to present our proposal to provide a mobile license plate  recognition (LPR) and data management platform to support the operations of The City of  Evanston. We have been honored to serve, support, and partner with your team. Through  our partnership, our goal is to provide one of the most successful mobile payment  applications, combined with a complete enforcement solution. We believe that Evanston’s  use of the PlateScout solution will continue to push innovation resulting in operational  benefits that extend to all stakeholders. We will continue to provide the support and capital  required to keep Evanston on the forefront of technology and innovation.  As the only Genetec OEM distributor, Passport is uniquely able to directly sell,  install, and support both the Genetec LPR hardware as well as PlateScout software  system which completes the overall Mobile LPR solution. ​This ensures that Evanston has  one partner to work with for all of their LPR needs. Furthermore, the overall PlateScout  system was built as an open platform to support future LPR providers and future  technology to ensure Evanston has the optimal LPR solution both today and in the future.     We believe that in the next year, the use of LPR technology will become an integral  part of Evanston operation. We are excited about the prospect of continuing to work with  Evanston. The ideas that have come out of our partnership have not only proven to be a  differentiator for Passport but will continue to make PlateScout the best LPR solution on the  market. Passport will continue to work alongside Evanston in identifying operational  problem areas and defining solutions, developing minimum viable products (“MVPs”), beta  testing the MVPs, and ultimately releasing the new product This workflow has allowed  Evanston and Passport to remain agile and pivot the product to other environmental factors  as they arise.  We have built a solid foundation in both the working relationship and the product. On  behalf of our team, we are thrilled to have the opportunity to extend this partnership for an  additional term, where that foundation can be built upon. We are dedicated and committed  to the success of this partnership and believe the possibilities are limitless.  2 152 of 611   Kind regards,    Khristian Gutierrez  CRO, Passport    3 153 of 611 Executive Summary  Passport’s flexible and secure, web-based LPR management solution will provide The City  of Evanston with numerous operational benefits, including enhanced customer  convenience, increased revenues, higher levels of efficiency, and better parker satisfaction.  Benefits include:  Improved Enforcement    Our Mobile LPR system gives your field officers the ability to cover more area in less time,  increasing efficiency, compliance, and driving overall on-street parking revenue. In addition,  our PlateScout platform uploads LPR data in real-time and makes it available immediately  for use by Evanston.  Integrated LPR    All LPR data is stored and affiliated in the Passport database and is available and can be  utilized in the back-office system or the field. This allows for easy access to LPR data and  the ability to use it in other systems such as Passport’s Digital Permitting, OpsMan Mobile,  and parking availability systems.     System Support    Unlike other offerings, PlateScout is designed as an integrated hardware and software  solution. We provide your staff with comprehensive training and support for the life of your  contract for both the hardware and software. Phone, email, or online portal support is  available Monday-Friday 8:00 am to 6:00 pm local time. Emergency phone support is  available 24 hours a day 7 days week, 365 days a week. System support is included as part  of the PlateScout subscription. While you won’t need us often, we’ll be there when you do  for all parts of the solution.  Secure Data    The fully hosted PlateScout solution ensures that your private parking data remains and the  property of the City of Evanston. Hosted data is secure and access to that data is restricted  only to authorized Evanston staff and Passport support. We provide you with user access  rights so you can control access to specific data, and your database is protected by a  consistent and frequent backup schedule. Additionally, with a full LPR data access audit trail  you a have full history on who has been viewing and using the LPR data in the system.    4 154 of 611   Review of PlateScout Solution    MOBILE LPR   Mobile LPR provides Evanston with a highly effective way to verify parking permits, confirm  mobile or meter-based payments, issue citations, identify scofflaws, provide vehicle  location information, and more, all in real-time. Our Mobile LPR system maintains a high  90-95% read rate, even in darkness or adverse weather conditions. The Passport’s mobile  LPR solution interfaces directly with the Genetec AutoVu LPR camera hardware and does  not utilize or require interaction with the AutoVu Patroller or Security Center software. This  direct integration reduces the system complexity, increases functionality, and improves  officer usability. The same software used to identify vehicles is the same that can be used  for enforcement with those vehicles. All of the functionally available in the enforcement  handheld is available in the in-vehicle LPR software.    Mobile LPR Interface      Vehicle Alerts  Allow limited access to public safety officials to add vehicles to notification lists. Once  identified vehicle details (photos, location, time, date) will be sent via email to the requesting  officer. Additionally, officers can search vehicle scan images and location data by license  plate, customer, or permit.  5 155 of 611 LPR Dashboards  For authorized users, LPR data is made accessible in a number of LPR specific dashboards.  These include LPR Data Search, LPR Utilization, LPR Reads Map, and the LPR Hardware  Status. The LPR Data Search view allows LPR data being collected in the field, including any  field alerts, to be viewed from the back-office software. This information includes any  known customer information about the vehicle. The LPR Utilization dashboard shows the  number of LPR vehicle scans in an easy to read graphical format. The LPR Reads Map  shows vehicle location, enforcement status (allowed, in violation, etc.) and images captured  in a map format with the ability to search using the license plate. LPR Hardware Status  dashboard monitors the status, location, battery life, and usage of all field hardware devices  from one dashboard.  LPR Data Search    LPR Utilization Dashboard    6 156 of 611 LPR Data Map Dashboard          LPR Hardware Status            7 157 of 611 OCCUPANCY/PARKING ANALYTICS    PlateScout offers a robust occupancy module solution that will provide your operation all  the data needed to increase the efficiency, profitability and customer service of your  parking operation. PlateScout is built to aggregate all your parking occupancy data from  your LPR cameras, both fixed and mobile, and into the back office for real-time viewing and  reporting. This data can also be pushed to your e-commerce site, mobile application and  exterior signs of your choice. PlateScout not only reports on who buys parking permission  but exactly how and when that permission gets used.  Occupancy Analytics          8 158 of 611 REPORTING    Out of the box, the PlateScout solution includes many user-friendly and customizable  methods to retrieve, display, and utilize data from the system.  REPORTS    Our flexible reporting package includes numerous standard reports for all major modules of  the system. Users can modify, edit, and create reports utilizing the user-friendly report  builder. Training on the report builder is provided during implementation and on an  as-needed basis. The report builder is included in the yearly subscription price and is  available for download and use by each user of the back-office system.  QUERIES    In addition to the reporting tools, a robust web-based query builder tool is included for  quick access to the system data. Queries created by the query manager can be saved for  future use and used in the report builder. Data from queries can be viewed and sorted in the  system or exported in a number of standard formats including Excel, Word, PDF, comma  delimited file, and more.  DASHBOARDS    User configured dashboards offer a graphical view of the data to provide for quick data  analysis and improved decision-making ability. The included parking operation focused  dashboards offer real-time insight into current hardware status, LPR read data, citation  issuance, and mobile payment revenue. Reports can also be created to include many  graph options and styles.  AUDIT TRAIL    All actions taken within the system are captured and logged with a time/date stamp. A  detailed history of all changes to all data types is retained and available for viewing within  the application and in queries and reports.  INTEGRATED LPR DATA    Additionally, the integrated LPR data allows for customer communications based on  physical presence, not just current products sold. For example, if a location is going to be  closed for an event. Emails/Texts (or any communication) can be sent to parkers who have  actually been parked in that location over the past 5 days, not just to those who have a  permit to be able to park in that location. This is based on the data automatically collected  as part of the LPR enforcement processes.  9 159 of 611 ACTIVE HELP    PlateScout’s back office solution includes Active Help which is a comprehensive tool that  enables users to access documentation, tutorials, and walkthroughs without ever leaving  the application. The interactive content ensures that training materials and knowledge base  documents are easily accessible for both new and experienced users.  o Interactive: replaces static images and content with interactive walkthroughs that  update to reflect the ever-changing UI  o Comprehensive: includes tutorials, walkthroughs, documentation, and release notes;  spotlights new features when they are released in PlateScout  o Customizable: enables users to segment and filter content to specific users; enables  users to affect appearance by editing CSS  o Responsive: offers in-app feedback; provides links to external locations (e.g., support,  forum, cases, etc.); includes links to context-specific walkthroughs from within  articles  o Helpful: offers tips and tricks that demonstrate best practices and suggested usage  The City of Evanston has helped make Passport a stronger and more scalable company.  The result has been a deep relationship built on trust and understanding that has greatly  benefitted both companies. Passport is thrilled to have the opportunity to expand upon this  partnership, to continue to work with Evanston on a regular basis, to develop a solution that  will stay at the forefront of technology, and to build upon the successes that Evanston &  Passport have already achieved.  IMPLEMENTATION, TRAINING, & SUPPORT    Our experienced Passport implementation team will provide the Evanston with the  knowledge, documentation, support, and training needed to successfully transition from  your current parking system to the PlateScout solution. Our comprehensive implementation  process includes the following:  1.Review of current processes and operational goals  2.Configuration of the PlateScout system  3.Configuration of integrations and interfaces  4.Field hardware installation and configuration  5.Online system training  6.On-site implementation and training on all facets of the system during go-live  7.Follow-up training post go-live    TIMELINE    Passport is prepared to begin the implementation process with the City of Evanston  immediately upon contract signature. Typically, the PlateScout system can be implemented  within 60-90 days of the award date depending on Evanston timelines and resource  10 160 of 611 availability. The implementation phases listed above typically occur in the order listed, while  some take place concurrently. To meet the requested date of April 1st, Passport will make  sure that the LPR system is implemented before that date to ensure proper testing of  integrations between all systems.   INTEGRATIONS    Passport is happy to match the format of current interfaces (if desired) to ensure a smooth  transition between systems and a minimal impact on local IT resources. We are pleased to  offer you the expertise of our staff and the robust technology of the PlateScout solution so  that you can take advantage of greater efficiencies in your operation.  METHODOLOGY    Evanston will be assigned a dedicated project manager and implementation team to  support and guide you through this important transition. The team will meet with you at  least weekly to cover scheduled tasks and address any outstanding items. We focus on  understanding your rules and procedures as well as operational goals. We make sure no  stone is left unturned by offering you full integration with your current systems. Our training  is customized to your parking operation and is designed to make you feel confident and  comfortable with the system. Passport is committed to ensuring a successful transition and  Go Live for Evanston.  ON-SITE TRAINING    Our experienced team will provide change management training for your staff, make  recommendations on Best Practices, and share operational insight from years of experience  operating an LPR-enhanced parking system. Members of our implementation team will be  on site for both the week of go-live and the week after. The goal is to ensure that your staff  is not only trained on how to use the system but feel comfortable using the system on a  daily basis.  ONGOING TRAINING AND SUPPORT    Passport's system is designed to be easy to use for both new and experienced users. We  will make training available to you in six-month intervals if required. Passport also provides a  number of ongoing features for any necessary user training. These include an online  knowledge base, community forums, and web tutorials. Your success is our success, so we  are there for you throughout the life of the contract.  CLIENT AND CUSTOMER SUPPORT    Standard support is available via phone, email, or support portal Monday-Friday 8:00 am to  6:00pm, local time. Emergency phone support is available 24 hours a day, 7 days week, 365  days a year. Customers can contact support via phone, support website, or email. There are  no limits to the number or types of support calls. All standard support issues will be  11 161 of 611 responded to within 24 hours, while emergency items will have a 30-minute response time.  Additionally, customers who complete advanced system training will be given direct access  to our second level support team.      Opportunities for PlateScout  The Passport team is motivated to enhance the overall Evanston operation. The team  frequently brainstorms ideas, meet problems potential solutions, and provides input when  appropriate. Currently, Passport is developing features and functionalities that will further  enhance the product and the value of Evanston and the PlateScout solution.      Pricing Structure    Pilot Pricing     In order to enable Evanston to evaluate the PlateScout mobile LPR solution Passport is  proposing the following pricing for an initial term of five (5) years:    This proposal includes the following.     ●Seven Mobile LPR Units  ●Vehicle Installation  ●Integrations into current payment platforms (OpsMan Mobile)  ●Access to PlateScout back office solution.   ●Data storage of 10,000 License Plate Reads    The pilot does not include:   ●The vehicles in which the mobile LPR units will be installed  ●Custom Reports           Program Pricing Upfront   Pricing includes the following features and functionalities for 5 vehicles :  Passport Pricing  Item Includes Price ($)  12 162 of 611 Mobile LPR Hardware  ➔Two Camera Genetec  SharpX XGA System,  Cold Weather Model   ➔10.1” Panasonic  Rugged Tablet with  GPS, 20GB of 4G LTE  Data  ➔In vehicle mounting  hardware   ➔Optional keyboard  ➔Optional Zebra 2” or 3”  printer  ➔One year warranty  $35,000.00 per unit    Total:  $175,000      Mobile LPR  Enforcement  Hardware Installation  ➔Onsite Hardware  Installation   ➔Onsite Testing   $4,200.00 per unit    Total:  $21,000  Warranty (Optional) ➔Advanced  Replacement  Warranty  ➔Overnight shipment of  new equipment  ➔Covers LPR Hardware  and embedded  software  ➔First year warranty  included  $2,880.00 per unit per year    Total:  $14,400.00 per year   PlateScout Software  Subscription  ➔In vehicle Software  ➔Data Exchange API’s  ➔Unlimited ongoing  upgrades and  enhancements  ➔3 months of LPR data  storage  $1,500.00 per unit per year    Total:  $7,500.00 per year   PlateScout  Implementation   ➔Project Management  ➔Integrations  ➔Travel  ➔Onsite and Remote  Training  Included  Access to PlateScout ➔Real-time access to  LPR Data  ➔Access to 60+ reports  ➔Ability to define users  and roles  ➔Unlimited access to  training videos and  FAQs  Included  API Library Access ➔Unlimited access to  the 35+ active  Included  13 163 of 611 integration Passport  has completed  Client Technical  Support &  Maintenance  ➔Unlimited hardware  and software support  by email and phone  Included  Second and Third Tier  User Technical  Support  ➔Unlimited support by  email and phone  Included    Program Pricing Leasing   Pricing includes the same features and functionalities as above for 5 vehicles :  Passport Pricing  Item Frequency  Price ($)  Initial Fee ➔One-time upfront fee  for hardware    Total:  $35,000.00      Monthly Fee ➔Fee will be monthly for  36 or 48 months. Upon  36 or 48 months, the  equipment is owned  fully by the City.  Total:  3 Years - $8,00.00/ monthly  4 Years - 6,000/ monthly  Yearly Fee ➔This is a yearly fee to  support updates to the  PlateScout software  $1,500.00 per unit per year    Total:  $7,500.00 per year   Mobile LPR  Enforcement  Hardware Installation  ➔Onsite Hardware  Installation   ➔Onsite Testing   $4,200.00 per unit    Total:  $21,000  Warranty (Optional) ➔Advanced  Replacement  Warranty  ➔Overnight shipment of  new equipment  ➔Covers LPR Hardware  and embedded  software  ➔First year warranty  included  $2,880.00 per unit per year    Total:  $14,400.00 per year       Software Terms:​ 50% of year one total (software) due at signed contract. 50% of year one  total (software) due at 'go live date'.  14 164 of 611   'Go live date' = transactions being processed through the system, citations or permits.    Hardware Terms:​ 50% of year one total due at signed contract. 50% of year one total due  upon delivery      Custom Development    Any system-wide improvements or modifications made by Passport to the Software platform will be  promptly provided to the Provider and will automatically be subject to the terms of this Agreement.  The Client may request new features or functionality to be built into the system, and, to the extent  that Passport plans to incorporate such requested new features or functionality into the Software,  Passport will develop such features and functionality at no cost to the Client, provided however that  Passport retains the right to charge software license and maintenance fees for Provider’s use of and  access to such features. If the Client desires to expedite such development, Passport may, at its sole  discretion, charge Provider an expedite fee of two hundred and fifty dollars ($250,00) per  development hour necessary to develop the requested features or functionality. If the Client’s  requested features or functionality are created for the Client’s use and not incorporated into the  Software, Passport may, at its sole discretion, charge Provider custom development fee of two  hundred and fifty dollars ($250,00) per hour for the development of such features or functionality and  a monthly maintenance fee that will be mutually agreed between the Parties and reduced to a  written addendum to this Agreement that the Parties must execute.      Passport’s PlateScout Application    Passport’s EULA and Privacy Policy will apply to the PlateScout suite of applications. Additionally,  Passport retains control over product roadmap and deployment schedule, while making best efforts  to incorporate client feedback and recommendations throughout its product development process.  Passport owns the intellectual property of the application, and Client will have a license to it,  including to all insights derived from the usage of the application as derived by Passport.    Passport may include ​Evanston’s​ use of the PlateScout application into its own marketing and sales  collateral. Passport may further monetize the application and incorporate additional technology and  solution providers or partners into the application in order to support its product and platform  roadmaps.            15 165 of 611 For City Council Meeting of April 22, 2019 Item A10 Business of the City by Motion – Crossing Guard Services For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Jill Velan, Parking Division Manager Subject: Amendment to Agreement for Crossing Guards Services with Andy Frain Services, Inc. to Add One Additional Crossing Guard Date: April 18, 2019 Recommended Action Staff recommends that City Council authorize the City Manager to amend the agreement with Andy Fran Services, Inc. (761 Shoreline Drive, Aurora, IL 60504) to increase the not to exceed amount from $620,662 to $631,662 per year to add one additional crossing guard (RFP #18-52). Funding Source Funding for the additional $11,000 will be from the City Manager – Other Program Costs (Account 100.15.1505.62490) with a budget of $23,617 and a YTD balance of $20,063. Summary On November 19, 2018 City Council approved an agreement with Andy Frain Services to administer the crossing guard program for the City. A request has been made from the 5th Ward Alderman to increase the number of crossing guards from fifty-six to fifty- seven to provide a crossing guard for children walking to school in the 5th Ward. Staff will continue to work with the Alderman to determine the final location and crossing requirements within the neighborhood. Memorandum 166 of 611 For City Council meeting of April 22, 2019 Item A11 Business of the City by Motion: 2018 Year-End Financial Report For Action: Accept and Place on File To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hitesh Desai, CFO/City Treasurer Kate Lewis-Lakin, Budget Coordinator Subject: 2018 Year-End Financial Report Date: April 15, 2019 Recommended Action: Staff recommends that the City Council accept and place on file the 2018 year-end financial report. Funding Source: N/A Livability Benefits: Innovation & Process: Support local government best practices and processes. Summary: Please find attached the unaudited financial statements as of December 31, 2018. The fouth quarter cash and investment memo is also attached. A summary by fund for revenues, expenditures, fund and cash balances is shown on the following page. Included in this table are the ending balances as of December 31, 2018 for both unreserved fund and cash balances. Of these two amounts, cash balance is the more meaningful metric since this represents liquid cash and/or invested assets which can be used (or easily sold) to support and fund current operations. While ending fund balance is also an important measurement of the City’s financial health, it usually includes illiquid assets or future cash receipts or disbursements such as receivables (including property tax) due to the City and accounts payable/accrued expenses. Memorandum 167 of 611 General Fund As of December 31, 2018, the General Fund is reporting a net surplus of $342,851. The fund balance in the General Fund is $13,558,950 with a cash balance of $9,420,606. The attached financials show the General Fund revenues at 100.8% of budget and expenses at 101.0% of budget. Fund and cash balances were highest during summer primarily because of the receipt of the second installment of property taxes. To date, the General Fund received 97.7% of property tax revenue budgeted for the year. December 2018 Revenue Expense Net Fund Balance Cash Balance 100 GENERAL FUND 115,728,174 115,385,322 342,851 13,558,950 9,420,606 175 GENERAL ASSISTANCE FUND 938,725 981,437 (42,712) 601,787 602,261 176 HEALTH AND HUMAN SERVICES 851,311 826,851 24,460 13,645 197,738 180 GOOD NEIGHBOR FUND 1,002,718 1,000,000 2,718 4,602 1,004,602 185 LIBRARY FUND 7,710,199 7,190,773 519,426 1,561,730 1,668,352 186 LIBRARY DEBT SERVICE FUND 333,896 333,404 492 4,581 4,581 187 LIBRARY CAPITAL IMPROVEMENT FD 2,157,728 1,497,577 660,150 968,549 1,120,485 195 NEIGHBORHOOD STABILIZATION FUND 33,844 33,844 - - - 200 MOTOR FUEL TAX FUND 2,120,315 2,457,990 (337,675) 2,036,055 1,874,273 205 EMERGENCY TELEPHONE (E911) FUND 1,492,975 912,767 580,208 762,204 483,885 210 SPECIAL SERVICE AREA (SSA) #4 341,959 370,000 (28,041) (226,835) (226,835) 215 CDBG FUND 1,525,452 1,526,119 (667) 63,440 (72,231) 220 CDBG LOAN FUND 119,618 199,035 (79,418) 173,194 221,899 235 NEIGHBORHOOD IMPROVEMENT 1,066 163 903 171,074 171,074 240 HOME FUND 333,351 335,296 (1,945) 7,333 9,650 250 AFFORDABLE HOUSING FUND 207,566 318,935 (111,369) 1,365,175 1,480,155 300 WASHINGTON-NATIONAL TIF FUND 5,704,735 10,967,279 (5,262,544) - - 320 DEBT SERVICE FUND 22,010,174 21,833,969 176,205 417,986 267,020 330 HOWARD-RIDGE TIF FUND 4,152,727 2,183,243 1,969,484 2,216,862 2,446,255 335 WEST EVANSTON TIF FUND 241,663 54,049 187,614 620,380 630,165 340 DEMPSTER-DODGE TIF FUND 136,937 76,085 60,852 54,843 55,130 345 CHICAGO-MAIN TIF 222,258 109,542 112,716 173,909 174,197 350 SPECIAL SERVICE AREA (SSA) #6 115,978 115,086 892 3,099 3,099 415 CAPITAL IMPROVEMENTS FUND 20,500,412 15,360,484 5,139,928 13,898,401 15,663,034 416 CROWN CONSTRUCTION FUND 27,062,051 12,060,419 15,001,632 15,542,493 20,089,026 420 SPECIAL ASSESSMENT FUND 518,417 892,439 (374,022) 2,623,678 2,620,141 505 PARKING SYSTEM FUND 9,787,615 10,716,272 (928,657) 3,782,044 3,441,314 510 WATER FUND 16,782,270 16,563,624 218,646 6,781,441 6,862,741 515 SEWER FUND 12,166,129 7,537,174 4,628,956 8,666,711 3,333,654 520 SOLID WASTE FUND 5,199,044 4,865,956 333,087 (872,597) (1,219,204) 600 FLEET SERVICES FUND 3,007,429 3,094,135 (86,705) 246,454 (608,165) 601 EQUIPMENT REPLACEMENT FUND 1,265,543 1,777,856 (512,313) 337,206 943,088 605 INSURANCE FUND 18,331,231 23,147,032 (4,815,800) (9,154,305) (4,294,322) 700 FIRE PENSION FUND*6,056,363 9,353,322 (3,296,959) - - 705 POLICE PENSION FUND*7,414,092 12,288,703 (4,874,611) - - Grand Total 295,573,963 286,366,180 9,207,784 66,404,089 68,367,668 *Fund and cash balance not presented for fiduciary funds. 168 of 611 The charts attached show actual expenses to budget by department for year-end 2018. Because, overall expenses in the General Fund were higher than budget, the General Fund is included in the 2018 Budget Amendment (34-R-19). The memo for that item includes further detail about expenses in each department. Enterprise Funds Through December 31, 2018, the Water Fund appears low on revenue and expenses. This is because the clearwell treated water storage project that was budgeted in 2018 was delayed to 2019. This delay causes Capital Outlay and Other Revenue (IEPA loan proceeds) to appear far below budget in the Water Fund. This project is budgeted again in 2019. The Water Fund revenues reflect payment from the Village of Skokie at the rate of $0.78 per 1000 gallons against the billed rate of $2.06 per 1000 gallons. This issue is currently being challenged in the court. Through December 31, 2018, the Solid Waste Fund has a negative fund balance of $872,597 and a negative cash balance of $1,219,204. The Solid Waste Fund received property tax revenue for the first time in 2018, and has to date received the full $410,000 budgeted in property taxes. This amount will increase to $820,000 in 2019. Through December 31, 2018, the Insurance Fund is showing a negative fund balance of $9,154,305 and a negative cash balance of $4,294,322. Fund balance is lower than cash balance due to accrued liabilities for pending litigation. Other Funds Through December 31, 2018, the Capital Improvements Fund is showing a fund balance of $13,898,401 and a cash balance of $15,663,034. The fund continues to spend down balances from the 2017A General Obligation Bonds received in October 2017 and from the 2018B General Obligation Bonds received in August 2018. Through December 31, 2018, the Crown Construction fund is showing a fund balance of $15,542,493 and a cash balance of $20,089,026. Proceeds from the 2018A General Obligation Bonds were received in August 2018 and continue to be spent down on construction expenses. Attachments: Certification of 2018 Financial Reports 2017 v 2018 Fund and Cash Balance – General Fund 2018 Budget by Organization 4th Quarter 2018 Report 169 of 611 CERTIFICATION OF ATTACHED FINANCIAL REPORTS As required per Illinois Statute 65 ILCS 5/3.1-35-45 I, Hitesh Desai, Treasurer of the City of Evanston, hereby affirm that I have reviewed the December 31, 2018 year-to- date financial information and reports which to the best of my knowledge appear accurate and complete. 170 of 611 January February March April May June July August September October November December 2017 Unreserved Fund Balance 15,453,984$ 17,244,431$ 19,450,955$ 18,292,843$ 17,839,404$ 14,612,957$ 13,603,487$ 16,910,096$ 14,723,355$ 14,354,436$ 13,093,607$ 13,243,107$ 2018 Unreserved Fund Balance 16,512,558$ 15,306,742$ 17,933,253$ 17,384,626$ 18,479,429$ 15,488,721$ 17,279,434$ 18,345,522$ 16,923,253$ 16,225,727$ 13,799,783$ 13,558,950$ 2017 Cash Balance 6,338,271$ 6,393,110$ 11,561,044$ 10,901,398$ 10,376,936$ 6,169,276$ 7,179,518$ 10,652,102$ 8,595,629$ 8,439,222$ 7,340,223$ 9,178,128$ 2018 Cash Balance 8,905,448$ 8,120,225$ 12,288,418$ 11,184,339$ 12,226,888$ 9,006,016$ 10,816,697$ 12,252,460$ 10,763,842$ 11,463,410$ 9,825,856$ 9,420,606$ 2017 v 2018 Fund and Cash Balance - General Fund $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 January February March April May June July August September October November December 2017 Unreserved Fund Balance 2018 Unreserved Fund Balance 2017 Cash Balance 2018 Cash Balance 171 of 611 December YTD 2017 2018 2018 %Actuals 34,789 28,188,353 97.7% 28,294,363 5,525,537 50,095,876 100.7% 46,951,377 1,911,305 11,680,895 94.2% 13,357,911 201,576 3,765,058 97.0% 3,467,694 976,382 10,396,458 103.2% 8,754,025 1,333,573 8,133,142 105.0% 11,586,943 246,793 1,466,926 185.0% 1,234,749 426,139 1,906,784 146.7% 1,858,106 13,091 94,681 189.0% 38,544 10,669,185 115,728,174 100.8% 115,543,711 492,806 55,527 547,275 111.1% 498,172 191,784 21,930 217,953 113.6% 251,193 7,540,597 1,213,869 7,324,610 97.1% 7,539,496 736,346 92,781 688,581 93.5% 772,045 9,075,303 1,075,125 9,221,165 101.6% 9,314,164 3,614,774 472,799 3,579,301 99.0% 2,592,984 38,391,099 3,159,312 39,392,691 102.6% 39,067,047 23,934,390 1,740,808 24,813,300 103.7% 24,355,551 3,697,529 318,112 3,187,544 86.2% 3,071,334 11,955,812 1,229,142 12,889,510 107.8% 12,479,438 14,607,356 1,530,608 13,523,392 92.6% 13,983,314 101.0% 113,924,739 10,669,185 115,728,174 100.8% 115,543,711 10,910,012 115,385,322 101.0% 113,924,739 (240,827) 342,851 1,618,972 Starting Fund Balance 13,216,099 13,216,099 Net Change 602,958 342,851 Ending Fund Balance 13,819,057 13,558,950 10,910,012 115,385,322 Budget by Organization Report Through 12/31/18 2018 Classification Budget Fund 100 - GENERAL FUND REVENUE Property Taxes 28,849,196 Other Taxes 49,742,274 Licenses, Permits and Fees 12,397,400 Fines and Forfeitures 3,882,500 Charges for Services 10,077,550 Interest Income 50,100 Interfund Transfers 7,748,417 Intergovernmental Revenue 793,100 Other Revenue 1,300,217 REVENUE TOTALS 114,840,754 EXPENSE 13 CITY COUNCIL 14 CITY CLERK 15 CITY MANAGER'S OFFICE 17 LAW 19 ADMINISTRATIVE SERVICES 21 COMMUNITY DEVELOPMENT 22 POLICE 23 FIRE MGMT & SUPPORT 24 HEALTH 30 PARKS, REC. AND COMMUNITY SERV. 40 PUBLIC WORKS AGENCY EXPENSE TOTALS EXPENSE TOTALS 114,237,796 Fund 100 - GENERAL FUND Totals 602,958 114,237,796 Fund 100 - GENERAL FUND Totals REVENUE TOTALS 114,840,754 172 of 611 December YTD 2017 2018 2018 %Actuals 400 2,798 100.0% 1,900 550,789 6,299,952 94.4% 6,303,624 - 3,037,704 72.0% 4,120,636 - - 0.0% - 40,989 337,563 174.6% 253,523 14,196 109,598 312.5% 62,067 606,374 9,787,615 87.9% 10,741,750 286,769 1,885,699 102.0% 1,675,404 620,567 4,013,848 116.3% 3,172,070 (119,749) 81,227 3.3% 280,311 26,637 319,648 100.0% 319,648 - - 100.0% - 2,644,560 2,644,560 100.0% 2,561,771 1,495 1,495 13.6% 4,246 44,367 97,498 3.2% 267,734 49,876 231,879 76.3% 267,436 120,035 1,440,417 100.0% 1,584,683 3,674,556 10,716,272 83.1% 10,133,302 606,374 9,787,615 87.9% 10,741,750 3,674,556 10,716,272 83.1% 10,133,302 (3,068,182) (928,657) 608,448 Starting Fund Balance 4,710,701 4,710,701 Net Change (1,762,367) (928,657) Ending Fund Balance 2,948,334 3,782,044 Budget by Organization Report Through 12/31/18 Prior Fiscal Year Activity Included 2018 Classification Budget Licenses, Permits and Fees - Charges for Services 6,676,575 Fund 505 - PARKING SYSTEM FUND REVENUE Interfund Transfers 4,217,040 Intergovernmental Revenue 12,125 Other Revenue 193,316 Interest Income 35,070 REVENUE TOTALS 11,134,126 EXPENSE Salary and Benefits 1,849,028 Services and Supplies 3,451,775 Capital Outlay 2,450,000 Insurance and Other Chargebacks 319,648 Community Sponsored Organizations - Depreciation Expense - Contingencies 11,000 Debt Service 3,070,625 Miscellaneous 304,000 Interfund Transfers 1,440,417 EXPENSE TOTALS 12,896,493 Fund 505 - PARKING SYSTEM FUND (1,762,367) Fund 505 - PARKING SYSTEM FUND REVENUE TOTALS 11,134,126 EXPENSE TOTALS 12,896,493 173 of 611 December YTD 2017 2018 2018 %Actuals (60) 47,218 67.5% 86,063 1,289,354 16,055,922 87.9% 17,255,947 187,430 187,430 100.0% - (5,623,760) 235,772 0.9% 294,812 38,321 255,928 1023.7% 35,784 (4,108,716) 16,782,270 36.7% 17,672,605 781,625 5,803,542 103.4% 5,958,873 56,158 3,183,368 68.4% 2,528,863 (4,931,199) 22,219 0.1% (192,124) 40,946 470,397 100.4% 468,492 2,581,863 2,581,863 100.0% 2,470,280 - - 0.0% - 235,499 819,926 41.8% 717,388 - - 0.0% 2 306,859 3,682,309 102.2% 7,360,654 (928,249) 16,563,624 36.3% 19,312,428 (4,108,716) 16,782,270 36.7% 17,672,605 (928,249) 16,563,624 36.3% 19,312,428 (3,180,467) 218,645 (1,639,823) Starting Fund Balance 6,562,795 6,562,795 Net Change 32,150 218,645 Ending Fund Balance 6,594,945 6,781,440 Budget by Organization Report Through 12/31/18 Prior Fiscal Year Activity Included il i i 2018 Classification Budget Charges for Services 18,267,000 Interfund Transfers - Fund 510 - WATER FUND REVENUE Licenses, Permits and Fees 70,000 Other Revenue 27,333,656 Interest Income 25,000 REVENUE TOTALS 45,695,656 Capital Outlay 29,346,200 Insurance and Other Chargebacks 468,492 EXPENSE Salary and Benefits 5,614,331 Services and Supplies 4,655,410 Depreciation Expense - Contingencies 1,000 Debt Service 1,960,760 Miscellaneous 15,000 Interfund Transfers 3,602,313 EXPENSE TOTALS 45,663,506 EXPENSE TOTALS 45,663,506 Fund 510 - WATER FUND Totals 32,150 Fund 510 - WATER FUND Totals REVENUE TOTALS 45,695,656 174 of 611 December YTD 2017 2018 2018 %Actuals 746,006 11,919,244 94.7% 12,477,657 187,430 187,430 100.0% - (1,865,229) 3,002 0.1% 14,870 9,832 56,455 1129.1% 16,023 (921,961) 12,166,129 82.8% 12,508,550 203,078 1,399,755 109.8% 1,313,154 (282,055) 301,786 11.8% 88,677 (730,320) (654)0.0% 16,941 22,499 269,988 100.0% 269,988 3,615,269 3,615,269 100.0% 3,530,787 (7,221,578) 959,123 12.7% 1,143,643 - 230 15.3% - 82,640 991,677 100.0% 1,141,676 (4,310,467) 7,537,174 50.9% 7,504,867 (921,961) 12,166,129 82.8% 12,508,550 (4,310,467) 7,537,174 50.9% 7,504,867 3,388,506 4,628,956 5,003,683 Starting Fund Balance 4,037,755 4,037,755 Net Change (119,220) 4,628,956 Ending Fund Balance 3,918,535 8,666,711 Budget by Organization Report Through 12/31/18 Prior Fiscal Year Activity Included 2018 Classification Budget Fund 515 - SEWER FUND REVENUE Charges for Services 12,589,650 Interfund Transfers - Other Revenue 2,104,000 Interest Income 5,000 REVENUE TOTALS 14,698,650 EXPENSE Salary and Benefits 1,274,709 Services and Supplies 2,558,630 Debt Service 7,540,066 Miscellaneous 1,500 Capital Outlay 2,181,300 Insurance and Other Chargebacks 269,988 Depreciation Expense - Interfund Transfers 991,677 EXPENSE TOTALS 14,817,870 Fund 515 - SEWER FUND Totals (119,220) Fund 515 - SEWER FUND Totals REVENUE TOTALS 14,698,650 EXPENSE TOTALS 14,817,870 175 of 611 December YTD 2017 2018 2018 %Actuals - 410,000 100.0% - 73,576 286,662 76.4% 329,039 300,475 3,672,193 98.4% 3,699,121 58,831 705,967 100.0% 755,967 32,514 124,222 326.9% 33,348 465,395 5,199,044 98.8% 4,817,475 191,121 1,074,800 108.2% 890,220 265,043 3,432,094 98.4% 3,482,141 (150,216) 28,613 10.4% 24,635 1,520 1,520 100.0% - 615 1,280 5.9% 1,797 - 5,288 70.5% 3,057 26,864 322,362 100.0% 504,807 334,946 4,865,956 95.2% 4,906,657 465,395 5,199,044 98.8% 4,817,475 334,946 4,865,956 95.2% 4,906,657 130,449 333,087 (89,182) Starting Fund Balance (1,205,684) (1,205,684) Net Change 151,660 333,087 Ending Fund Balance (1,054,024) (872,597) Budget by Organization Report Through 12/31/18 Prior Fiscal Year Activity Included 2018 Classification Budget Fund 520 - SOLID WASTE FUND REVENUE Property Taxes 410,000 Licenses, Permits and Fees 375,000 Other Revenue 38,000 REVENUE TOTALS 5,261,361 Charges for Services 3,732,394 Interfund Transfers 705,967 EXPENSE Salary and Benefits 993,616 Services and Supplies 3,488,676 Debt Service 21,797 Capital Outlay 275,750 Insurance and Other Chargebacks - Miscellaneous 7,500 Interfund Transfers 322,362 EXPENSE TOTALS 5,109,701 EXPENSE TOTALS 5,109,701 Fund 520 - SOLID WASTE FUND Totals 151,660 Fund 520 - SOLID WASTE FUND Totals REVENUE TOTALS 5,261,361 176 of 611 Memorandum To: Wally Bobkiewicz, City Manager From: Hitesh Desai, CFO/ Treasurer Subject: 4th Quarter 2018 - Cash and Investment Report Date: April 12, 2019 Attached please find the Cash and Investment report as of December 31, 2018. A comparison between the third quarter and fourth quarter of 2018 investment reports indicate a decrease in combined cash & investments of $30,480,789 from $98,848,156 to $68,367,667. The decrease was principally due to the payment of debt obligations and funding of various construction projects. Cash and investment changes from the previous period are summarized below: As of December 31, 2018, ledger balances showing the highest percentage of total deposit was held by First Bank and Trust at $30.9M or 45.2% of the total. PMA Financial was in custody of money market funds at approximately $9.4M, or 13.7%, Wintrust held $12.1M or 17.7% while Fifth Third held $4.0M or 5.9%. Illinois Funds was at $5.6M or 8.1% and IMET was at $5.9M or 8.7%. Staff will continue to monitor the allocation of Cash and Investments to ensure compliance with the City’s investment policy of no financial institution should have greater than 50% of the city’s total cash and investments. If you have any questions on this report or would like to discuss in greater detail, please contact me by phone at (847) 448.8082 or by e-mail at hdesai@cityofevanston.org. 12/31/2018 9/30/2018 Change Cash 30,889,683 29,522,377 1,367,306 Investments 37,477,984 69,325,779 (31,847,795) TOTAL 68,367,667 98,848,156 (30,480,789) 177 of 611 For City Council meeting of April 22, 2019 Item A12 Resolution 34-R-19: 2018 Budget Amendment For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hitesh Desai, CFO/City Treasurer Kate Lewis-Lakin, Budget Coordinator Subject: Resolution 34-R-19, 2018 Budget Amendment Date: April 15, 2019 Recommended Action: Staff recommends that the City Council adopt Resolution 34-R-19, amending the 2018 Budget by $18,641,429 to a new total of $354,110,437 as detailed below. Funding Source: N/A—Revise budget numbers to reflect actual spending. Individual descriptions of the rational for the change are included below. Livability Benefits: Innovation & Process: Support local government best practices and processes. Background: The City Council passes a budget resolution on an annual basis, which includes budgeted expense amount for each of the funds the City has in current operation. If spending in any fund is higher than budget, a resolution amending the budget is necessary after the year has ended. The 2018 Adopted Budget amount was $335,469,008. Actual expenses from all funds in 2018 were $286,366,180, which is below budget by $49 million. However, some funds spent more than their budgeted amounts, as detailed below. A budget amendment is needed for those funds that have actual expenses higher than their budgeted amounts. All funds with budgeted and actual expenses and the proposed amendments are shown below, followed by explanation of each fund requiring amendment. Memorandum 178 of 611 General Fund The General Fund ended 2018 with revenues of $115,728,342 and expenses of $115,385,322 for a net operating surplus of $342,851. Budget to actual comparison for expenses, revenues, and ending surplus are shown in the table below. Because actual expenses are higher than budget in the General Fund, a budget amendment is required for the fund. Fund Fund #2018 Adopted Budget 2018 Actual Expenses Proposed Change 2018 Amended Budget General 100 114,237,796 115,385,322 1,147,526 115,385,322 General Assistance 175 1,265,921 981,437 - 1,265,921 Human Services 176 859,153 826,851 - 859,153 Good Neighbor Fund 180 1,000,000 1,000,000 - 1,000,000 Library 185 7,476,297 7,190,773 - 7,476,297 Library - Debt Service 186 333,404 333,404 - 333,404 Library - Capital 187 10,095,000 1,497,577 - 10,095,000 Neighborhood Stabilization 195 94,821 33,844 - 94,821 Motor Fuel 200 2,457,990 2,457,990 - 2,457,990 Emergency Telephone 205 1,043,438 912,767 - 1,043,438 Special Service Area # 4 210 370,000 370,000 - 370,000 CDBG 215 2,439,512 1,526,119 - 2,439,512 CDBG Loan 220 293,000 199,035 - 293,000 Neighborhood Improvement 235 100,000 163 - 100,000 HOME 240 588,321 335,296 - 588,321 Affordable Housing Fund 250 489,300 318,935 - 489,300 Washington National TIF 300 9,207,040 10,967,279 1,760,239 10,967,279 Debt Service 320 14,297,257 21,833,969 7,536,712 21,833,969 Howard-Ridge TIF 330 4,681,500 2,183,243 - 4,681,500 West Evanston TIF 335 40,000 54,049 14,049 54,049 Dempster-Dodge TIF 340 72,666 76,085 3,419 76,085 Chicago-Main TIF 345 108,999 109,542 543 109,542 Special Service Area #6 350 221,500 115,086 - 221,500 Capital Improvement 415 30,297,527 15,360,484 - 30,297,527 Crown Construction Fund 416 9,634,000 12,060,419 2,426,419 12,060,419 Special Assessment 420 585,217 892,439 307,222 892,439 Parking 505 12,896,493 10,716,272 - 12,896,493 Water 510 45,663,506 16,563,624 - 45,663,506 Sewer 515 14,817,870 7,537,174 - 14,817,870 Solid Waste 520 5,109,701 4,865,956 - 5,109,701 Fleet 600 3,333,871 3,094,135 - 3,333,871 Equipment Replacement 601 1,597,977 1,777,856 179,879 1,777,856 Insurance 605 18,439,931 23,147,032 4,707,101 23,147,032 Fire Pension 700 8,795,000 9,353,322 558,322 9,353,322 Police Pension 705 12,525,000 12,288,703 - 12,525,000 Total All Funds 335,469,008$ 286,366,180$ 18,641,429$ 354,110,437$ General Fund 2018 Budget 2018 Actual Actual to Budget Revenue 114,840,754$ 115,728,242$ 887,488$ Expenses 114,237,796 115,385,322 1,147,526 Net Surplus (Deficit)602,958 342,919 $ $ 179 of 611 City Council expenses are $54,469 higher than budget due primarily to changes in health insurance spending. This can occur because the budget is created before the open enrollment period each October when employees make plan elections for the following year. City Clerk expenses are $26,169 over budget, primarily due to spending on seasonal employees and overtime pay. Administrative Services expenses are $145,862 over budget in the Administrative Services Department due to higher than expected spending on building maintenance materials. These were used for emergency repairs required in the Civic Center and other buildings. Police Department expenses were $1,001,592 over budget. This is primarily in overtime and in terminating and annual payouts. Payouts are guaranteed by union contract. These were partially offset by $749,209 in revenue over budget, mostly reimbursements and grant revenue to cover overtime expenses. Fire Department expenses were $878,910 over budget. This is primarily in overtime and in terminating and annual payouts. Payouts are guaranteed by union contract. Parks, Recreation & Community Services expenses were $933,698 over budget. Part of this overage was due to equipment repair and other maintenance expenses at the Robert Crown ice rink. Other programs like beaches and summer camps had higher than budgeted revenue to help offset high expenses. Washington-National TIF Fund The W ashington-National TIF Fund had expenses of $1,760,239 over budget. This is due to year-end distributions in order to close the TIF Fund at the end of 2018. These included payments to the Chicago Transit Authority for the Red-Purple Line modernization project, and to the Capital, Water, Sewer, and General Funds as reimbursement for work completed in the TIF area. Debt Service Fund The Debt Service Fund has expenses over budget of $7,536,712. This is due to the refunding of the 2008A, B&C bonds through the 2018C Bond Issue. This is offset by revenue in the fund of $7,584,568. This refunding saved $938,700 over the 10-year remaining life of the bond. West Evanston TIF Fund The West Evanston TIF Fund has expenses over budget of $14,049. This fund is currently paying interest on an outstanding line of credit loan, and higher interest rates during 2018 increased those interest payments. The fund also had unbudgeted expenses from consulting services. Dempster-Dodge TIF Fund The Dempster-Dodge TIF Fund had expenses over budget of $3,419 due to expenses for consulting services. 180 of 611 Chicago-Main TIF Fund The Chicago-Main TIF Fund had expenses over budget of $543 due to consulting services expenses. Crown Construction Fund The Crown Construction Fund had expenses over budget of $1,458,986. When the 2018 budget for this fund was created, the construction schedule for the project was still in progress. The project remains within its total projected budget of $53 million. The Crown Construction Fund received $27,062,051 in revenue in 2018 to fund the project, primarily through the 2018A bond issue. These bonds will continue to be spent down as the project continues in 2019. Special Assessment Fund The Special Assessment Fund had expenses of $307,222 over budget due to the refunding of the 2008C series bonds. This was offset by corresponding bond proceeds revenue. Equipment Replacement Fund The Equipment Replacement Fund had expenses of $179,879 over budget. This was due to the capitalization of vehicle purchases at year-end and for depreciation of vehicles. Insurance Fund The Insurance Fund had expenses higher than budget of $4,335,167. This was primarily due to $4 million in spending on legal services. Spending on health insurance premiums was also slightly higher than budget. Fire Pension Fund The Fire Pension Fund had expenses of $558,322 over budget due to higher than budgeted pension benefit costs. Spending from the Fire Pension Fund is overseen and approved by the Fire Pension Board. Attachments: Resolution 34-R-19 181 of 611 04/22/2019 34-R-19 A RESOLUTION Authorizing the City of Evanston City Manager to Increase the Total Fiscal Year 2018 Budget by $18,641,429, to a New Total of $354,110,437 WHEREAS, a total budget amendment for eighteen million, six hundred and forty-one thousand, four hundred and twenty-nine dollars ($18,641,429) is required due to the following items: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and made a part hereof. SECTION 2: That the Council authorize the Fiscal Year 2018 budget be increased from three hundred and thirty-five million, four hundred sixty-nine thousand, and eight dollars ($335,469,008) to three hundred fifty-four million, one hundred and ten Fund Fund #2018 Adopted Budget Proposed Change 2018 Amended Budget General 100 114,237,796 1,147,526 115,385,322 Washington National TIF 300 9,207,040 1,760,239 10,967,279 Debt Service 320 14,297,257 7,536,712 21,833,969 West Evanston TIF 335 40,000 14,049 54,049 Dempster-Dodge TIF 340 72,666 3,419 76,085 Chicago-Main TIF 345 108,999 543 109,542 Crown Construction Fund 416 9,634,000 2,426,419 12,060,419 Special Assessment 420 585,217 307,222 892,439 Equipment Replacement 601 1,597,977 179,879 1,777,856 Insurance 605 18,439,931 4,707,101 23,147,032 Fire Pension 700 8,795,000 558,322 9,353,322 182 of 611 thousand, four hundred and thirty-seven dollars ($354,110,437) as summarized in the document attached hereto and incorporated herein as Exhibit A. SECTION 3: That approval of this resolution shall authorize the City Manager to expend and/or encumber up to three hundred fifty-four million, one hundred and ten thousand, four hundred and thirty-seven dollars ($354,110,437) for Fiscal Year 2018 for all Funds. SECTION 4: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. SECTION 3: That this Resolution 34-R-19 shall be in full force and effect from and after its passage and approval in the manner provided by law. Stephen H. Hagerty, Mayor Attest: Devon Reid, City Clerk Adopted: __________________, 2019 Approved to form: Michelle L. Masoncup, Corporation Counsel 183 of 611 EXHIBIT A Fund Fund #2018 Adopted Budget Proposed Change 2018 Amended Budget General 100 114,237,796 1,147,526 115,385,322 General Assistance 175 1,265,921 - 1,265,921 Human Services 176 859,153 - 859,153 Good Neighbor Fund 180 1,000,000 - 1,000,000 Library 185 7,476,297 - 7,476,297 Library - Debt Service 186 333,404 - 333,404 Library - Capital 187 10,095,000 - 10,095,000 Neighborhood Stabilization 195 94,821 - 94,821 Motor Fuel 200 2,457,990 - 2,457,990 Emergency Telephone 205 1,043,438 - 1,043,438 Special Service Area # 4 210 370,000 - 370,000 CDBG 215 2,439,512 - 2,439,512 CDBG Loan 220 293,000 - 293,000 Neighborhood Improvement 235 100,000 - 100,000 HOME 240 588,321 - 588,321 Affordable Housing Fund 250 489,300 - 489,300 Washington National TIF 300 9,207,040 1,760,239 10,967,279 Debt Service 320 14,297,257 7,536,712 21,833,969 Howard-Ridge TIF 330 4,681,500 - 4,681,500 West Evanston TIF 335 40,000 14,049 54,049 Dempster-Dodge TIF 340 72,666 3,419 76,085 Chicago-Main TIF 345 108,999 543 109,542 Special Service Area #6 350 221,500 - 221,500 Capital Improvement 415 30,297,527 - 30,297,527 Crown Construction Fund 416 9,634,000 2,426,419 12,060,419 Special Assessment 420 585,217 307,222 892,439 Parking 505 12,896,493 - 12,896,493 Water 510 45,663,506 - 45,663,506 Sewer 515 14,817,870 - 14,817,870 Solid Waste 520 5,109,701 - 5,109,701 Fleet 600 3,333,871 - 3,333,871 Equipment Replacement 601 1,597,977 179,879 1,777,856 Insurance 605 18,439,931 4,707,101 23,147,032 Fire Pension 700 8,795,000 558,322 9,353,322 Police Pension 705 12,525,000 - 12,525,000 Total All Funds 335,469,008$ 18,641,429$ 354,110,437$ 184 of 611 For City Council meeting of April 22, 2018 Item A13 Resolution 42-R-19, Cable Franchise Agreement Extension with Comcast For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hugh DuBose, City Attorney Subject: Resolution 42-R-19, Authorizing the City Manager to Execute a Seven Year Cable Television Franchise Agreement with Comcast Date: April 17, 2019 Recommended Action: Staff recommends City Council adoption of Resolution 42-R-19 authorizing the City Manager to execute a seven year Cable Television Franchise Agreement with Comcast of Illinois IV, Inc. Livability Benefits: Innovation & Process: Support local government best practices and processes Summary: In October of 2011 the City entered into a seven (7) year nonexclusive franchise agreement with Comcast to construct and operate a cable system in the public way. In October 2018, the City and Comcast extended this agreement for an additional six (6) months. The City is seeking to enter into a new seven (7) year agreement with Comcast. The new agreement is a non-exclusive franchise agreement that will continue to authorize Comcast to construct and operate a cable system in the public way. The agreement requires Comcast to pay to the City a franchise fee equal to five percent (5%) of annual gross revenues received from the operation of the cable system in the franchise area (city limits). Additionally, the City receives $0.35 cents per month per customer (paid by the customer) to fund public, education and government (PEG) access channels. Attachments: Resolution 42-R-19 Memorandum 185 of 611 4/16/2019 42-R-19 A RESOLUTION Authorizing the City Manager to Execute a Seven Year Cable Television Franchise Agreement with Comcast of Illinois IV, Inc. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign the Cable Television Franchise Agreement (the “Agreement”) by and between the City and Comcast of Illinois IV, Inc. for a seven (7) year term. The Agreement is attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions or terms of the Agreement with Comcast of Illinois IV, Inc. as may be determined to be in the best interest of the City. SECTION 3: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law. _______________________________ Stephen H. Hagerty, Mayor Attest: ______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 186 of 611 42-R-19 - 2 - EXHIBIT 1 EXTENSION OF CABLE TELEVISION FRANCHISE AGREEMENT 187 of 611 1 CABLE TELEVISION FRANCHISE AGREEMENT BY AND BETWEEN The CITY OF EVANSTON And COMCAST OF ILLINOIS IV, INC. This Franchise Agreement (hereinafter, the “Agreement” or “Franchise Agreement”) is made between the City of Evanston, Illinois (hereinafter, the “City”) and Comcast of Illinois IV, Inc., (hereinafter, “Grantee”) this 22nd day of April, 2019 (the “Effective Date”). The City, having determined that the financial, legal, and technical abilities of the Grantee are reasonably sufficient to provide the services, facilities, and equipment necessary to meet the future cable-related needs of the community, desires to enter into this Franchise Agreement with the Grantee for the construction, operation and maintenance of a Cable System on the terms and conditions set forth herein. This Agreement is entered into by and between the parties under the authority of the Cable Act, the Illinois Constitution of 1970, including the City's home rule powers, and the Illinois Municipal Code, as amended from time to time, and shall be governed by the Cable Act and the Illinois Municipal Code, as amended from time to time; provided that any provisions of the Illinois Municipal Code that are inconsistent with the Cable Act shall be deemed to be preempted and superseded. SECTION 1: Definition of Terms For the purpose of this Franchise Agreement, capitalized terms, phrases, words, and abbreviations shall have the meanings ascribed to them in the Cable Act, unless otherwise defined herein. “Cable Act” or “Act” means the Cable Communications Policy Act of 1984, as amended by the Cable Consumer Protection and Competition Act of 1992 and the Telecommunications Act of 1996, 47 U.S.C. §§ 521 et seq., as the same may be amended from time to time. “Cable Operator” “means any Person or group of Persons who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System; or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System. “Cable Service” or “Service” means the one-way transmission to Subscribers of Video Programming or Other Programming Service and Subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service. 188 of 611 2 “Cable System” or “System,” has the meaning set forth in Section 612 of the Cable Act (47 U.S.C. § 522), and means Grantee's facilities, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment, that is designed to provide Cable Service which includes Video Programming and which is provided to multiple Subscribers within the Franchise Area, but such term does not include (i) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves Subscribers without using any public right-of-way, (iii) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such a facility shall be considered a Cable System (other than for purposes of section 621(c) of the Cable Act) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide Interactive On-Demand Services; (iv) an open video system that complies with section 653 of the Cable Act; or (v) any facilities of any electric utility used solely for operating its electric utility systems. “Channel” or “Cable Channel” means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television channel as a television channel is defined by the Federal Communications Commission by regulation. “Customer” or “Subscriber” means a Person who lawfully receives and pays for Cable Service with the Grantee's express permission. “FCC” means the Federal Communications Commission or successor governmental entity thereto. “Franchise” means the initial authorization, or renewal thereof, issued by the City, whether such authorization is designated as a franchise, agreement, permit, license, resolution, contract, certificate, ordinance or otherwise, which authorizes the construction or operation of the Cable System. “Franchise Agreement” or “Agreement” shall mean this Agreement and any amendments or modifications hereto. “Franchise Area” means the present legal boundaries of the City as of the Effective Date, and shall also include any additions thereto, by annexation or other legal means as provided in this Agreement. "Grantee" shall mean Comcast of Illinois IV, Inc. “Gross Revenue” means the Cable, Service revenue received by the Grantee from the operation of the Cable System in the Franchise Area to provide Cable Services, calculated in accordance with generally accepted accounting principles. Cable Service revenue includes monthly fees for: Basic Cable Service; cable programming service regardless of Service Tier; and premium Channels. Cable Service revenue also includes pay-per-view video fees, advertising and home shopping revenue, installation fees and equipment rental fees. Gross 189 of 611 3 Revenues shall also include such other revenue sources from Cable Service delivered over the Cable System as may now exist or hereafter develop, provided that such revenues, fees, receipts, or charges may be lawfully included in the gross revenue base for purposes of computing the City's permissible Franchise Fee under the Cable Act, as amended from time to time. Gross Revenue shall not include refundable deposits, bad debt, investment income, programming launch support payments, third party advertising sales commissions and agency fees, nor any taxes, fees or assessments imposed or assessed by any governmental authority. Gross Revenues shall include amounts collected from Subscribers for Franchise Fees pursuant to City of Dallas, Texas v. F.C.C., 118 F.3d 393 (5th Cir. 1997), and amounts collected from non-Subscriber revenues in accordance with the Court of Appeals decision resolving the case commonly known as the “Pasadena Decision,” City of Pasadena. California et. al., Petitions for Declaratory Ruling on Franchise Fee Pass Through Issues, CSR 5282-R, Memorandum Opinion and Order, 16 FCC Rcd. 18192 (2001), and In re: Texas Coalition of Cities for Utility Issues v. F.C.C., 324 F.3d 802 (5th Cir. 2003). “Initial Franchise Service Area” means that portion of the Franchise Area served by the Grantee’s Cable System as of the Effective Date of this Franchise Agreement. “Person” means any natural person or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for profit, but shall not mean the City. “Public, Educational and Governmental (PEG) Access Channel” shall mean a video Channel designated for non-commercial use by the public, educational institutions such as public or private schools (but not “home schools”), community colleges, and universities, as well as the City. “Public, Educational and Government (PEG) Access Programming” shall mean noncommercial programming produced by any City residents or organizations, schools and government entities and the use of designated facilities, equipment and/or Channels of the Cable System in accordance with 47 U.S.C. 531 and this Agreement. “Public Way” shall mean the surface of, and the space above and below, any street, alley, other land or waterway, dedicated or commonly used for pedestrian or vehicular traffic or other similar purposes, including, but not limited to, public utility easements and other easements dedicated for compatible uses, now or hereafter held by the City in the Franchise Area, to the extent that the City has the right and authority to authorize, regulate, or permit the location of facilities other than those of the City. Public Way shall not include any real or personal City property that is not specifically described in this definition and shall not include City buildings, fixtures, and other structures and improvements, regardless of whether they are situated in the Public Way. "Standard Installation" means those installations to Subscribers that are located up to one hundred twenty-five (125) feet from the existing distribution system (Cable System). “City” means the City of Evanston, Illinois or the lawful successor, transferee, designee, or assignee thereof. 190 of 611 4 “Video Programming” or “Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. SECTION 2: Grant of Authority 2.1. Pursuant to Section 621 (a) of the Cable Act, 47 U.S.C. § 541 (a), and Section 11- 42-11(a) of the Illinois Municipal Code, 65 ILCS 5/11-42-11(a), the Illinois Constitution, and Resolution No. 42-R-19, the City hereby grants to the Grantee a nonexclusive Franchise authorizing the Grantee to construct and operate a Cable System in the Public Ways within the Franchise Area, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain, or retain in any Public Way such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, attachments, and other related property or equipment as may be necessary or appurtenant to the Cable System, and to provide such services over the Cable System as may be lawfully allowed. 2.2. Term of Franchise. The term of the Franchise granted hereunder shall be Seven (7) years from the Effective Date, unless the Franchise is renewed or is lawfully terminated in accordance with the terms of this Franchise Agreement and/or applicable law. From and after the Effective Date of this Franchise Agreement, the Parties acknowledge that this Franchise Agreement is intended to be the sole and exclusive Franchise Agreement between the Parties pertaining to the Grantee' s Franchise for the provision of Cable Service. 2.3. Renewal. Any renewal of this Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, as amended, and any applicable State law which may exist at the time of renewal and which is not superseded by the Cable Act. 2.4. Police Powers. Nothing in this Franchise Agreement shall be construed as an abrogation by the City of any of its police powers to adopt and enforce generally applicable ordinances deemed necessary by the City for the health, safety, and welfare of the public, and the Grantee shall comply with all generally applicable laws, codes and ordinances enacted by the City pursuant to such police power. 2.5. Reservation of Authority. Nothing in this Franchise Agreement shall (A) abrogate the right of the City to perform any public works or public improvements of any description, (B) be construed as a waiver of any laws, codes or ordinances of general applicability of the City, or (C) be construed as a waiver or release of the rights of the City in and to the Public Ways. 2.6. Competitive Equity. 2.6.1. In the event the City grants an additional Franchise to use and occupy any Public Way for the purposes of operating a Cable System, the additional Franchise shall only be granted in accordance with the Illinois Level Playing Field Statute, 65 ILCS 5/11-42-11. 2.6.2. In the event an application for a new cable television franchise or other similar authorization is filed with the City proposing to serve the Franchise Area, in whole or in part, the 191 of 611 5 City shall to the extent permitted by law promptly notify the Grantee of such filing, or require the Grantee to be notified, and include a copy of such application. SECTION 3: Construction and Maintenance of the Cable System 3.1. Except as may be otherwise provided in this Franchise Agreement, Grantee shall comply with all generally applicable provisions of Title 7, Chapter 17, entitled "Standards for the Construction of Facilities on the Public Right Of Way," of the Evanston City Code, as may be amended from time to time. 3.2. Aerial and Underground Construction. At the time of Cable System construction, if all of the transmission and distribution facilities of all of the respective public or municipal utilities in any area of the Franchise Area are underground, the Grantee shall place its Cable Systems’ transmission and distribution facilities underground, provided that such underground. locations are actually capable of accommodating the Grantee’s cable and other equipment without technical degradation of the Cable System’s signal quality. In any location(s) within the Franchise Area where the transmission or distribution facilities of the respective public or municipal utilities are both aerial and underground, the Grantee shall have the discretion to construct, operate, and maintain all of its transmission and distribution facilities or any part thereof, aerially or underground. Nothing in this Section shall be construed to require the Grantee to construct, operate, or maintain underground any ground-mounted appurtenances such as customer taps, line extenders, system passive devices, amplifiers, power supplies, pedestals, or other related equipment. 3.3. Undergrounding and Beautification Projects. 3.3.1. In the event the City requires users of the Public Way who operate aerial facilities to relocate such aerial facilities underground, Grantee shall participate in the planning for relocation of its aerial facilities, if any, contemporaneously with such users. Grantee shall be reimbursed its relocation costs from public or private funds allocated for the project to the same extent as such funds are made available to other users of the Public Way, if any, provided that any utility's exercise of authority granted under its tariff to charge consumers for the said utility's cost of the project that are not reimbursed by the City shall not be considered to be public or private funds. 3.3.2. The Grantee shall not be required to relocate its facilities unless it has been afforded at least sixty (60) days notice of the necessity to relocate its facilities. Upon adequate notice the Grantee shall provide a written estimate of the cost associated with the work necessary to relocate its facilities. In instances where a third party is seeking the relocation of the Grantee's facilities or where the Grantee is entitled to reimbursement pursuant to the preceding Section, the Grantee shall not be required to perform the relocation work until it has received payment for the relocation work. SECTION 4: Service Obligations 192 of 611 6 4.1. Initial Service Obligations. As of the Effective Date of this Agreement, Grantee’s Cable System has been designed to provide, and is capable of providing, Cable Service to residential Customers throughout the Initial Franchise Service Area. The Grantee shall continue to make Cable Service available in the Initial Service Area throughout the term of this Agreement and Grantee shall extend its Cable System and provide service consistent with the provisions of this Franchise Agreement. 4.2. General Service Obligation. The Grantee shall make Cable Service available beyond the Initial Franchise Service Area to every residential dwelling unit within the Franchise Area where the minimum density is at least thirty (30) dwelling units per mile and within one (1) mile of the existing Cable System’s technically feasible connection point. Subject to the density requirement, Grantee shall offer Cable Service to all new homes or previously unserved homes located within one hundred twenty-five (125) feet of the Grantee's distribution cable (e.g., a Standard Installation). 4.2.1. The Grantee may elect to provide Cable Service to areas not meeting the above density and distance standards. The Grantee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop or line extension in excess of a Standard Installation. Any such additional charge shall be computed on a time plus materials basis plus a reasonable rate of return. 4.3. Programming. The Grantee agrees to provide cable programming services in the following broad categories: Children General Entertainment Family Oriented Ethnic Minority Sports Weather Educational Arts, Culture and Performing Arts News & Information Pursuant and subject to federal law, all Video Programming decisions, excluding PEG Access Programming, are at the sole discretion of the Grantee. 4.4. Technical Standards. The Grantee shall comply with all applicable technical standards of the FCC as published in 47 C.F.R., Part 76, Subpart K, as amended from time to time. The Grantee shall cooperate with the City in conducting inspections related to these standards upon reasonable prior written request from the City based on a significant number of Subscriber complaints. 4.5. Annexations and New/Planned Developments. In cases of annexation the City shall provide the Grantee written notice of such annexation. In cases of new construction, planned development or property development where undergrounding or extension of the Cable System is required, the City shall provide or require the developer or property owner to provide the Grantee with notice of the same. Such notices shall be provided at the time of notice to all utilities or other like occupants of the City’s Public Way. If advance notice of such annexation, new construction, planned development or property development is not provided, the, Grantee shall be allowed an adequate time to prepare, plan and provide a detailed report as to the 193 of 611 7 timeframe for it to construct its facilities and provide the services required under this Franchise Agreement. 4.6. Service to School Buildings and Governmental Facilities. 4.6.1. The City and the Grantee acknowledge the provisions of 220 ILCS 5/22- 501(f), whereby the Grantee shall provide complimentary Basic Cable Service and a free Standard Installation at one outlet to all eligible buildings as defined in said state statute. Eligible buildings shall not include buildings leased to non-governmental third parties or buildings such as storage facilities at which government employees are not regularly stationed. 4.6.2. Long Drops. The Grantee may impose an additional charge in excess of its regular installation charge for any service installation requiring a drop or line extension in excess of a Standard Installation. Any such additional charge shall be computed on a time plus materials basis to be calculated on that portion of the installation that exceeds a Standard Installation. 4.7. Emergency Alerts. At all times during the tern of this Franchise Agreement, the Grantee shall provide and maintain an “Emergency Alert System” (“EAS”) consistent with applicable Federal law and regulation - including 47 C.F.R., Part 11 and the “State of Illinois Emergency Alert System State Plan” - as may be amended from time to time. Should the City become qualified and authorized to activate the EAS, the Grantee shall provide instructions on the access and use of the EAS by the City to the City on an annual basis. The City agrees to indemnify and hold the Grantee harmless from any damages or penalties arising out of the negligence of the City, its employees or agents in using such system. 4.8. Customer Service Obligations. The City and Grantee acknowledge that the customer service standards and customer privacy protections are set forth in the Cable and Video Customer Protection Law, 220 ILCS 5/22-501 et seq., and enforcement provisions are included in Title 3, Chapter 30 of the Evanston City Code. Enforcement of such requirements and standards and the penalties for non-compliance with such standards shall be consistent with the Cable and Video Customer Protection Law, 220 ILCS 5/22-501 et seq. SECTION 5: Oversight and Regulation by City 5.1. Franchise Fees. The Grantee shall pay to the City a Franchise Fee in an amount equal to five percent (5%) of annual Gross Revenues received from the operation of the Cable System to provide Cable Service in the Franchise Area; provided, however, that Grantee shall not b e compelled to pay any higher percentage of fees than any other video service provider, under state authorization or otherwise, providing service in the Franchise Area. The payment of Franchise Fees shall be made on a quarterly basis and shall be due forty-five (45) days after the close of each calendar quarter. If mailed, the Franchise Fee shall be considered paid on the date it is postmarked. Each Franchise Fee payment shall be accompanied by a report prepared by a representative of the Grantee showing the basis for the computation of the Franchise Fees paid during that period. Any undisputed Franchise Fee payment which remains unpaid in whole or in part, after the date specified herein shall be delinquent. For any delinquent Franchise Fee payments, Grantee shall make such payments including interest at the prime lending rate as 194 of 611 8 quoted by Chase Bank U.S.A. or its successor, computed from time due until paid. Any undisputed overpayments made by the Grantee to the City shall be credited upon discovery of such overpayment until such time when the full value of such credit has been applied to the Franchise Fee liability otherwise accruing under this Section. 5.1.1. The Parties acknowledge that, at present, the Cable Act limits the City to collection of a maximum permissible Franchise Fee of five percent (5%) of Gross Revenues. In the event that a change in the Cable Act would allow the City to increase the Franchise Fee above five percent (5%), the City shall hold a public hearing and determine if the City should collect the additional amount. Following the determination, the City shall notify the Grantee of its intent to collect the increased Franchise Fee and Grantee shall have a reasonable time (not to be less than ninety (90) days from receipt of notice from the City) to effectuate any changes necessary to begin the collection of such increased Franchise Fee or notify the Grantee of its intent to not collect the increased fee. In the event that the City increases said Franchise Fee, the Grantee shall notify its Subscribers of the City’s decision to increase said fee prior to the implementation of the collection of said fee from Subscribers as required by law. 5.1.2. In the event a change in state or federal law requires the City to reduce the franchise fee percentage that may be collected, the parties agree the Grantee shall reduce the percentage of franchise fees collected to the lower of: i) the maximum permissible franchise fee percentage; or ii) the lowest franchise fee percentage paid by any other Cable Operator granted a Cable Franchise by the City pursuant to the Cable Act, and Section 11-42-11 of the Illinois Municipal Code, 65 ILCS 5/11-42-11; provided that: (a) such amendment is in compliance with the change in state or federal law; (b) the City approves the amendment by ordinance; and (c) the City notifies Grantee at least ninety (90) days prior to the effective date of such an amendment. 5.1.3. Taxes Not Included. The Grantee acknowledges and agrees that the term “Franchise Fee” does not include any tax, fee, or assessment of general applicability (including any such tax, fee, or assessment imposed on both utilities and Cable Operators on their services but not including a tax, fee, or assessment which is unduly discriminatory against Cable Operators or Cable Subscribers). 5.2. Franchise Fees Subject to Audit. The City and Grantee acknowledge that the audit standards are set forth in the Illinois Municipal Code at 65 ILCS 5/11-42-11.05 (Municipal Franchise Fee Review; Requests For Information). Any audit shall be conducted in accordance with generally applicable auditing standards. The City and Grantee agree that the audit procedures set forth in the Illinois Municipal Code at 65 ILCS 5/11-42-11.05 shall be applicable to any audit of PEG Capital payments as provided for in Section 8.5 of this Agreement. 5.3. Proprietary Information. Notwithstanding anything to the contrary set forth in this Agreement, the Grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature, with the exception of the information directly related to an audit of Franchise Fees as set forth in Section 5.2. The City agrees to treat any information disclosed by the Grantee as confidential and only to disclose it to those employees, representatives, and agents of the City that have a need to know in order to enforce this Franchise Agreement and who agree to maintain the confidentiality of all such information. For purposes 195 of 611 9 of this Section, the terms “proprietary or confidential” include, but are not limited to, information relating to the Cable System design, customer lists, marketing plans, financial information unrelated to the calculation of Franchise Fees or rates pursuant to FCC rules, or other information that is reasonably determined by the Grantee to be competitively sensitive. Grantee may make proprietary or confidential information available for inspection but not copying or removal by the Franchise Authority's representative. In the event that the City has in its possession and receives a request under the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.), or similar law for the disclosure of information the Grantee has designated as confidential, trade secret or proprietary, the City shall notify Grantee of such request and cooperate with Grantee in opposing such request. Grantee shall indemnify and defend the City from and against any claims arising from the City’'s opposition to disclosure of any information Grantee designates as proprietary or confidential. Compliance by the City with an opinion or directive from the Illinois Public Access Counselor or the Illinois Attorney General under the Illinois Freedom of Information Act, 5 ILCS 14011 et seq., or with a decision or order of a court with jurisdiction over the City, shall not be a violation of this Section. SECTION 6: Transfer of Cable System or Franchise or Control of Grantee 6.1. Neither the Grantee nor any other Person may transfer the Cable System or the Franchise without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. 6.2. No transfer of control of the Grantee, defined as an acquisition of fifty-one percent (51 %) or greater ownership interest in Grantee, shall take place without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. 6.3. No consent shall be required, however, for (i) a transfer in trust, by mortgage, hypothecation, or by assignment of any rights, title, or interest of the Grantee in the Franchise or in the Cable System in order to secure indebtedness, or (ii) a transfer to an entity directly or indirectly owned or controlled by Comcast Corporation. 6.4. The Grantee, and any proposed transferee under this Section 6, shall submit a written application to the City containing or accompanied by such information as is required in accordance with applicable law and FCC regulations, specifically including a completed Form 394 or its successor, and in compliance with the processes established for transfers under FCC rules and regulations, including Section 617 of the Cable Act, 47 U.S.C. §537. Within thirty (30) days after receiving a request for consent, the City shall, in accordance with FCC rules and regulations, notify the Grantee in writing of the additional information, if any, it requires to determine the legal, financial and technical qualifications of the transferee or new controlling party. If the City has not taken final action on the Grantee's request for consent within one hundred twenty (120) days after receiving such request, consent shall be deemed granted. As a condition to granting of any consent, the City may require the transferee to agree in writing to assume the obligations of the Grantee under this Franchise Agreement. 6.5. Any transfer of control resulting from or after the appointment of a receiver or receivers or trustee or trustees, however denominated, designated to take over and conduct the 196 of 611 10 business of the grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of a one hundred twenty (120) day period, shall be treated as a transfer of control pursuant to 47 U.S.C. §S37 and require the City's consent thereto in the manner described in Section 6 above. SECTION 7: Insurance and Indemnity 7.1. Insurance. Throughout the term of this Franchise Agreement, the Grantee shall, at its own cost and expense, maintain such insurance and provide the City certificates of insurance in accordance with Section 7-17-9 of the Evanston City Code, as amended from time to time. 7.2. Indemnification. The Grantee shall indemnify, defend and hold harmless the City, its officers, employees, and agents (the “Indemnitees”) from and against any injuries, claims, demands, judgments, damages, losses and expenses, including reasonable attorney’s fees and costs of suit or defense, arising in the course of the Grantee constructing and operating its Cable System within the City. This duty shall survive for all claims made or actions filed within one (1) year following either the expiration or earlier termination of this Agreement. The City shall give the Grantee timely written notice of its obligation to indemnify and defend the City after the City's receipt of a claim or action pursuant to this Section. For purposes of this Section, the word “timely” shall mean within a time period that does not cause prejudice to the respective positions of the Grantee and/or the City. If the City elects in its own discretion to employ additional counsel, the costs for such additional counsel for the City shall be the responsibility of the City. 7.2.1. The Grantee shall not indemnify the City for any liabilities, damages, costs or expense resulting from any conduct for which the City, its officers, employees and agents may be liable under the laws of the State of Illinois. 7.2.2. Nothing herein shall be construed to limit the Grantee’s duty to indemnify the City by reference to the limits of insurance coverage described in this Agreement. SECTION 8: Public, Educational and Governmental (PEG) Access 8.1. PEG Capacity. The Grantee shall provide capacity for the City's noncommercial Public, Educational and Governmental Access (“PEG”) Programming through four (4) Channels (the “Channels”) on the Grantee's Cable System. Unless otherwise agreed to by the City/Village and the Grantee to the extent required by applicable law, the Channels may be carried on the Grantee's basic digital service tier. The City/Village’s PEG Access Programming shall be provided consistent with Section 611 of the Cable Act, as amended from time to time. 8.2. Rules and Procedures for Use of the PEG Access Channel(s). The City shall be responsible for establishing and enforcing rules for the non-commercial use the Public, Educational and Governmental Access Channels and to promote the use and viewership of the Channel. 197 of 611 11 8.3. Allocation and Use of the PEG Channels. The Grantee does not relinquish its ownership of or ultimate right of control over a Channel by designating it for PEG use, however, the PEG Channels are, and shall be, operated by the City. The City shall adopt rules and procedures under which Grantee may use the PEG Channels for the provision of Video Programming if the PEG Channels are not being used for its respective purposes pursuant to Section 611(d) of the Cable Act, 47 U.S.C. §531. 8.4. Editorial Control. Grantee shall not exercise any editorial control over any use of the PEG Channels, nor shall Grantee or its Affiliates incur any criminal or civil liability pursuant to the federal, state or local laws of libel, slander, obscenity, incitement, invasions of privacy, false or misleading advertising, or other similar laws for any programs carried on the PEG Channels. 8.5. PEG Capital Payments for Equipment and Facilities. At its sole discretion, the City Board may designate a PEG access capital project to be funded by the City. At any time after the Effective Date of this Agreement, the City may send a written notice of the City’s desire for the Grantee to collect payments (“PEG Capital Fee”) for public, educational, or governmental access facilities pursuant to Section 622(g)(2)(C) of the Cable Act, 47 U. S. C. 542(g)(2)(C); provided that such request is for not more than thirty-five cents ($0.35) per month per Subscriber and includes a detailed and itemized plan for the intended utilization of the requested PEG capital funds (the “Plan and Request”). The Grantee shall have sixty (60) days from receipt of the Plan and Request to review and make recommendations upon the City's Plan and Request prior to agreeing to collect and pay to the City the PEG Capital Fee. The Grantee shall agree to collect and pay the PEG Capital Fee provided the funds shall be expended for capital costs associated with PEG access, and the facilities requested are technically and operationally compatible with Grantee's Cable System. The Grantee shall collect the PEG Capital Fee as an external charge over a period of twelve (12) months, unless some other period is mutually agreed upon in writing, and shall make the PEG Capital Fee payments from such sums at the same time and in the same manner as Franchise Fee payments. Consistent with the description of the intended utilization of the PEG Capital Fee, the City shall be permitted to hold all or a portion of the PEG Capital Fee from year to year as a designated fund to permit the City to make large capital expenditures, if necessary, as long as the City spends the entire amount collected by the end of the term of this Agreement. Moreover if the City chooses to borrow from itself, or a financial institution, revenue for large PEG capital purchases or capital expenditures, the City shall be permitted to make periodic repayments using the PEG Capital Fee. Unless otherwise agreed to by the City and the Grantee, the PEG Capital Fee shall be added to Subscriber billing statements within one hundred twenty (120) days of the notice. 8.6. Origination Point. At such time that the City determines that it wants the capacity to allow Subscribers in the City to receive PEG access programming which may originate from schools and/or City facilities (other than those having a signal point of origination at the time of the execution of this Agreement); or at such time that the City determines that it wants to establish or change a location from which PEG programming is originated; or in the event the City wants to upgrade the connection to the Grantee from an existing signal point of origination, the City will give the Grantee written notice detailing the point of origination and the capability sought by the City. The Grantee agrees to submit a cost estimate to implement the City’s plan within a reasonable period of time, but in no event longer than sixty (60) days from when 198 of 611 12 Grantee receives all necessary information regarding the work sought. After an agreement to reimburse the Grantee for its expenditure, the Grantee will implement any necessary system changes within the time stated in such agreement or, if no time is stated, within a reasonable period of time. 8.7. PEG Signal Quality. Provided the PEG signal feed is delivered by the City to the designated signal input point without material degradation, the PEG channel delivery system from the designated signal input point shall meet the same FCC technical standards as the remainder of the Cable System set forth in this Agreement. 8.8. Grantee Use of Unused Time. Because the City and Grantee agree that a blank or underutilized PEG Access Channel is not in the public interest, in the event the City does not completely program a Channel, Grantee may utilize the Channel for its own purposes. Grantee may program unused time on the Channel subject to reclamation from the City upon no less than sixty (60) days' notice. Except as otherwise provided herein, the programming of a PEG Access Channel with text messaging, or playback of previously aired programming shall not constitute unused time. Text messaging containing out of date or: expired information for a period of thirty (30) days shall be considered unused time. A programming schedule that contains playback of previously aired programming that has not been updated for a period of ninety (90) days shall be considered unused time. Unused time shall be considered to be a period of time, in excess of six (6) hours, where no community produced programming of any kind can be viewed on a PEG Access Channel. Unused time shall not include periods of time where programming cannot be viewed that are caused by technical difficulties, transition of broadcast media, signal testing, replacement or repair of equipment, or installation or relocation of facilities. SECTION 9: Enforcement of Franchise 9.1. Notice of Violation or Default. In the event the City believes that the Grantee has not complied with a material term of the Franchise, it shall notify the Grantee in writing with specific details regarding the exact nature of the alleged noncompliance or default. 9.2. Grantee’s Right to Cure or Respond. The Grantee shall have thirty (30) days from the receipt of the City's written notice: (A) to respond to the City, contesting the assertion of noncompliance or default; or (B) to cure such default; or (C) in the event that, by nature of the default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the City of the steps being taken and the projected date that the cure will be completed. 9.3. Enforcement. Subject to applicable federal and state law, and following notice and an opportunity to cure and respond pursuant to the provisions of Section 9.2 above, in the event the City determines that the Grantee is in default of any material provision of the Franchise, the City may: 9.3.1. seek specific performance of any provision that reasonably lends itself to such remedy or seek other relief available at law, including declaratory or injunctive relief; or 199 of 611 13 9.3.2. in the case of a substantial or frequent default of a material provision of the Franchise, declare the Franchise Agreement to be revoked in accordance with the following; (i) The City shall give written notice to the Grantee of its intent to revoke the Franchise on the basis of a pattern of noncompliance by the Grantee. The notice shall set forth with specificity the exact nature of the noncompliance. The Grantee shall have ninety (90) days from the receipt of such notice to object in writing and to state its reasons for such objection. In the event the City has not received a response from the Grantee or upon receipt of the response does not agree with the Grantee’s proposed remedy or in the event that the Grantee has not taken action to cure the default, it may then seek termination of the Franchise at a public hearing. The City shall cause to be served upon the Grantee, at least ten (10) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to request termination of the Franchise. (ii) At the designated hearing, the City shall give the Grantee an opportunity to state its position on the matter, present evidence and question witnesses, after which the City shall determine whether or not the Franchise shall be terminated. The public hearing shall be on the record. A copy of the transcript shall be made available to the Grantee at its sole expense. The decision of the City shall be in writing and shall be delivered to the Grantee in a manner authorized by Section 10.2. The Grantee may appeal such determination to any court with jurisdiction within thirty (30) days after receipt of the City's decision. 9.4. Remedies Not Exclusive. In addition to the remedies set forth in this Section 9, the Grantee acknowledges the City’s ability pursuant to Section 4.8 of this Franchise Agreement to enforce the requirements and standards, and the penalties for non-compliance with such standards, consistent with the Illinois Cable and Video Customer Protection Law enacted by the City as Title 3, Chapter 30 of the Evanston City Code; and, pursuant to Section 3.1 of this Franchise Agreement and Title 7, Chapter 17 of the Evanston City Code, to enforce the Grantee’s compliance with the City’s requirements regarding “Standards for the Construction of Facilities in the Public Right Of Way.” Notwithstanding the foregoing, nothing in this Agreement shall be interpreted to permit the City to exercise such rights and remedies in a manner that permits duplicative recovery from, or payments by, the Grantee. Such remedies may be exercised from time to time and as often and in such order as may be deemed expedient by the City. SECTION 10: Miscellaneous Provisions 10.1. Force Majeure. The Grantee shall not be held in default under, or in noncompliance with, the provisions of the Franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the Franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, earthquake, flood, tidal wave, unusually severe rain or snow storm, hurricane, tornado or other catastrophic act of nature, labor disputes, failure of utility service necessary to operate the Cable System, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the Grantee's ability to anticipate or control. This provision also covers work delays caused by waiting for utility providers to service or monitor their own utility poles on 200 of 611 14 which the Grantee's cable or equipment is attached, as well as unavailability of materials or qualified labor to perform the work necessary. Non-compliance or default shall be corrected within a reasonable amount of time after force majeure has ceased. 10.2. Notice. Any notification that requires a response or action from a party to this franchise within a specific time-frame, or that would trigger a timeline that would affect one or both parties’ rights under this franchise, shall be in writing and shall be sufficiently given and served upon the other party by hand delivery, first class mail, registered or certified, return receipt requested, postage prepaid, or by reputable overnight courier service and addressed as follows: To the City: To the Grantee: City of Evanston Comcast 2100 Ridge Avenue 1500 McConnor Parkway Evanston, Illinois 60201 Schaumburg, Illinois 60173 ATTN: City Manager ATTN: Director of Government Affairs Recognizing the widespread usage and acceptance of electronic forms of communication, emails and faxes will be acceptable as formal notification related to the conduct of general business amongst the parties to this contract, including but not limited to programming and price adjustment communications. Such communication should be addressed and directed to the person of record as specified above. Either party may change its address and addressee for notice by notice to the other party under this Section. 10.3. Entire Agreement. This Franchise Agreement embodies the entire understanding and agreement of the City and the Grantee with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and communications, whether written or oral. Except for ordinances adopted pursuant to Sections 2.4 and 2.5 of this Agreement, all ordinances or parts of ordinances related to the provision of Cable Service that are in conflict with or otherwise impose obligations different from the provisions of this Franchise Agreement are superseded by this Franchise Agreement. 10.3.1. The City may adopt a cable television/video service provider regulatory ordinance that complies with applicable law, provided the provisions of any such ordinance adopted subsequent to the Effective Date of this Franchise Agreement shall not apply to the Grantee during the term of this Franchise Agreement. 10.4. Severability. If any section, subsection, sentence, clause, phrase, or other portion of this Franchise Agreement is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body, or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. If any material provision of this Agreement is made or found to be unenforceable by such a binding and final decision, either party may notify the other in writing that the Franchise has been materially altered by the change and of the election to begin negotiations to amend the 201 of 611 15 Franchise in a manner consistent with said proceeding or enactment; provided, however, that any such negotiated modification shall be competitively neutral, and the parties shall be give n sufficient time to implement any changes necessitated by the agreed-upon modification. 10.5. Governing Law. This Franchise Agreement shall be deemed to be executed in the State of Illinois, and shall be governed in all respects, including validity, interpretation and effect, and construed in accordance with, the laws of the State of Illinois and/or Federal law, as applicable. 10.6. Venue. Except as to any matter within the jurisdiction of the federal courts or the FCC, all judicial actions relating to any interpretation, enforcement, dispute resolution or any other aspect of this Agreement shall be brought in the Circuit Court of the State of Illinois, Cook County, Illinois. Any matter brought pursuant to the jurisdiction of the federal court shall be brought in the United States District Court of the Northern District of Illinois. 10.7. Modification. Except as provided in Sections 5.1.1 and 5.1.2, no provision of this Franchise Agreement shall be amended or otherwise modified, in whole or in part, except by an instrument, in writing, duly executed by the City and the Grantee, which amendment shall be authorized on behalf of the City through the adoption of an appropriate ordinance or resolution by the City, as required by applicable law. 10.8. No Third-Party Beneficiaries. Nothing in this Franchise Agreement is intended to confer third-party beneficiary status on any person, individual, corporation or member of the public to enforce the terms of this Franchise Agreement. 10.9. No Waiver of Rights. Nothing in this Franchise Agreement shall be construed as a waiver of any rights, substantive or procedural, that the City or the Grantee may have under Federal or state law unless such waiver is expressly stated herein. 10.10. Validity of Franchise Agreement. The parties acknowledge and agree in good faith on the validity of the provisions, terms and conditions of this Franchise Agreement, in their entirety, and that the Parties have the power and authority to enter into the provisions, terms, and conditions of this Agreement. 10.11. Authority to Sign Agreement. Grantee warrants to the City that it is authorized to execute, deliver and perform this Franchise Agreement The individual signing this Franchise Agreement on behalf of the Grantee warrants to the City that s/he is authorized to execute this Franchise Agreement in the name of the Grantee. IN WITNESS WHEREOF, this Franchise Agreement has been executed by the duly authorized representatives of the parties as set forth below, as of the date set forth below: 202 of 611 16 CITY OF EVANSTON, COMCAST OF ILLINOIS IV, INC. an Illinois municipal corporation an Illinois corporation By:________________________________ By: _______________________________ Print Name: Wally Bobkiewicz Print Name: _________________________ Its: City Manager Its: ________________________________ 203 of 611 For City Council Meeting of April 22, 2019 Item A14 Resolution 19-R-19: Intergovernmental Agreement with ETHS District No. 202 For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Demitrous Cook, Chief of Police Michelle L. Masoncup, Corporation Counsel Subject: Resolution 19-R-19, Intergovernmental Agreement with ETHS District No. 202 for the Use of School Resource Officers and Reciprocal Reporting Guidelines Date: April 17, 2019 Recommended Action: Staff recommends City Council adopt Resolution 19-R-19, authorizing the City Manager to execute an intergovernmental agreement with the Evanston Township High School District 202 (“ETHS”) for the use of two (2) Evanston Police Department officers at ETHS for the purpose of providing school resource officers (the “Intergovernmental Agreement”). Summary: The City and ETHS will continue to utilize Evanston Police Department officers as school resource officers in order to further efforts of public safety in the building and on the ETHS campus. The terms of the Intergovernmental Agreement are outlined in the attachment. In consideration of the City providing school resource officers, ETHS will continue the employment of a secondary career counselor to work on training and outreach to ETHS students. The Board of Education for District 202 approved the agreement in early April 2019. Attachments: Resolution 19-R-19 Intergovernmental Agreement Memorandum 204 of 611 4/17/2019 19-R-19 A RESOLUTION Authorizing the City Manager to Execute an Intergovernmental Agreement for Reciprocal Reporting and School Resource Officer NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk is hereby directed to attest on behalf of the City, the Intergovernmental Agreement for Reciprocal Reporting and School Resource Officer (the “Agreement”) with the Evanston Township High School District No. 202, attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement that he deems to be in the best interests of the City. SECTION 3: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law. _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 205 of 611 - 2 - EXHIBIT 1 INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL REPORTING AND SCHOOL RESOURCE OFFICER 206 of 611 Execution Copy 2576590.1 INTERGOVERNMENTAL AGREEMENT FOR RECIPROCAL REPORTING AND SCHOOL RESOURCE OFFICER THIS INTERGOVERNMENTAL AGREEMENT is by and between the BOARD OF EDUCATION OF EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202, Cook County, Illinois (hereinafter “ETHS”), and the CITY OF EVANSTON, an Illinois municipal corporation and home rule unit as described in the Illinois Constitution (hereinafter “City”), collectively referred to as the “Parties”. I. BACKGROUND A. Pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. public agencies may contract or otherwise associate among themselves, or transfer any power or function, in any manner not prohibited by law or ordinance. B. Sections 1-7(A)(8) and 5-905(1)(h) of the Juvenile Court Act, Sections 10-20.14, 10-21.7, 10-27.1A&B and 22-20 of the Illinois School Code, and Section 10/6(a)(6.5) of the Illinois School Student Records Act provide for and authorize agreements between local law enforcement agencies and school districts for reciprocal reporting of criminal offenses committed by students. C. The Parties are “public agencies” within the meaning of the Illinois Intergovernmental Cooperation Act. D. The City and ETHS desire to enter into this Agreement to continue to share resources to better the community. E. The City agrees to continue the deployment of two School Resource Officers from the Evanston Police Department to work exclusively at ETHS and in consideration, ETHS agrees to continue the employment of a post-secondary career counselor to work on training and outreach to ETHS students. F. This Agreement shall be executed in addition and shall have no effect upon any other mutual aid agreements or other agreements between the parties. II. COOPERATION AND AUTHORITY A. The Parties agree to cooperate fully, to execute all supplementary documents, and to take all additional actions which are consistent with and which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. B. The City Manager, or his designee, shall administer this Agreement on behalf of the City and the Superintendent, or his designee, shall administer this Agreement on behalf of ETHS. 1. The Superintendent will provide the City Manager with a list of administrators (“School Officials”) to be contacted as needed. The list will 207 of 611 Execution Copy - 2 - 2576590.1 contain regular and emergency telephone and mobile numbers (if applicable), and identify which administrators are to be contacted for various types of problems and the order in which the administrators are to be contacted. The administrators identified shall be considered the “Appropriate School Officials” for purposes of § 1-7(a)(8) of the Juvenile Court Act. 2. The City Manager will provide the Superintendent with the names and titles of a primary and two back up contacts (“Police Officials”) responsible for implementing this Agreement. The officers shall provide their regular and emergency telephone and pager numbers (if applicable). 3. The Superintendent and City Manager may, as they deem necessary and upon written notice, designate different persons to the respective positions of School Official and Police Official. 4. School Officials and Police Officials will meet to facilitate and review implementation of this Agreement as often as necessary. C. The Parties recognize that ETHS has authority over the educational environment. 1. Collaboration between ETHS and the City and respect for the important role each party plays with the community’s youth is essential to the success of the mission of both Parties. 2. The City recognizes the responsibility and authority of School Officials to manage the educational environment. 3. Both Parties recognize that disciplining students for violations of the Student Code of Conduct is appropriate for School Officials to manage. 4. ETHS recognizes that discretion regarding whether to investigate or charge a student or other individual with an ordinance, criminal, or traffic violation lies with Police Officials; provided that when dealing with a student that is suspected of violating a law, Police Officials will first use restorative actions as an alternative to arresting students unless the Police Official reasonably believes that there is imminent danger to students, employees, the Police Official, or other third parties. 5. The Parties seek to implement a partnership that creates effective and positive school student discipline that (a) is part of ETHS’ larger effort to address school safety and climate; (b) includes proactive and restorative methods rather than only punitive; and (c) is clear, consistent, and equitable. 6. Both Parties understand the privacy protections of federal and state law in the disclosure of student records. ETHS may refuse disclosure requests by Police Officials without a warrant, court order, or other exception 208 of 611 Execution Copy - 3 - 2576590.1 enumerated by the Illinois School Student Records Act, 105 ILCS 10/, and the Family Educational Rights and Privacy Act, 20 U.S.C. 1232g or that is not in accordance with this Agreement. D. The Parties acknowledge that each Party shall bear their own cost and expenses incurred to comply with terms of this IGA. E. Each year, the Superintendent or designee and City Manager or designee shall meet to review compliance with this Agreement, the working relationship of the parties, opportunities for joint programming, set goals for the Agreement, and agree on methods to monitor progress toward the established goals (e.g. data, surveys). The Superintendent or designee and City Manager or designee may revise Exhibit A to address the goals without seeking further approval from the Board of Education or City Council. F. The term of the Agreement shall commence on the effective date as set forth in Section VI.M and end June 30, 2024 (the “IGA Term”). III. RECIPROCAL REPORTING A. Reporting of Student Criminal Activity by School Officials to Police Officials 1. School Officials will promptly report to Police Officials the activities of students who attend ETHS that involves or is suspected to involve: i. Criminal gang activity; ii. Criminal sexual offenses; iii. Any violation of Article 24 of the Criminal Code, 720 ILCS 5/24-1 et seq., or weapons such as guns and knives, explosives, impact devices, or any item used as a weapon; iv. Sale of drugs or other intoxicants; v. Possession of drugs or other intoxicants; vi. Fights or other violent activity which might reasonably carry over into the community; vii. Abuse, neglect, lock-out, and runaway situations; viii. Acts of vandalism; ix. Hate crimes; x. Other activities involving students which threaten the safety of students or any other person on or off ETHS property; or 209 of 611 Execution Copy - 4 - 2576590.1 xi. Any state or federal crime occurring or which has occurred on school property or at a school event that might reasonably carry over into the community. xii. All incidents of battery committed against teachers, teacher personnel, administrative personnel, educational support personnel, or school employees to Police Officials. 105 ILCS 5/10-21.7. xiii. Any time a report is made that a person with a firearm has been observed on school grounds. 105 ILCS 5/10-27.1A. xiv. Any time a report is made of a verified incident involving drugs in the school or on school owned or leased property, including any conveyance owned, leased, or used by the school for the transport of students or school personnel. 105 ILCS 5/10-27.1B. 2. Where violence or other activity poses an imminent threat to the safety of students or any other person, the information will be shared as soon as possible with the Police Officials; otherwise, the information will be shared not later than two business days after the information becomes known to School Officials. 3. Information shared under Section III.A.1 above may be communicated orally and may also include the disclosure of student records in accordance with Section 10/6(a)(6.5) of the Illinois School Student Records Act. All information disclosed and communications made under this Agreement are therefore to remain confidential and will not be disclosed to any other party, except as provided by law or court order. Section 10/6(a)(6.5) of the Illinois School Student Records Act provides that a school district may release school student records or information to juvenile authorities when necessary for the discharge of their official duties upon a request for information prior to adjudication of the student and if certified in writing that the information will not be disclosed to any other party except as provided under law or order of court. “Juvenile authorities” include probation officers, law enforcement officers and prosecutors, and others as defined in Section 10/6(a)(6.5) of the Illinois School Records Act. B. Reporting of Student Criminal Activity by Police Officials to School Officials 1. As provided by Section 1-7(a)(8) of the Juvenile Court Act, and except as limited or prohibited by other laws or administrative regulations, Police Officials will share law enforcement records with School Officials that relate to the following offenses or suspected offenses with respect to a minor enrolled in one of ETHS’s schools who has been taken into custody or arrested when Police Officials believe that there is an imminent threat of physical harm to students, school personnel, or others who are present 210 of 611 Execution Copy - 5 - 2576590.1 in the school or on school grounds and sharing the information will not create a threat of harm to any person or jeopardize a pending or actually and reasonably contemplated investigation: i. Any violation of Article 24 of the Criminal Code (720 ILCS 5/24 seq.) (weapons); ii. A violation of the Illinois Controlled Substances Act (720 ILCS 570/100, et seq.); iii. A violation of the Cannabis Control Act (720 ILCS 550/1, et seq.); iv. A forcible felony as defined in Section 2-8 of the Criminal Code (720 ILCS 5/2-8); v. A violation of the Methamphetamine Control and Community Protection Act (720 ILCS 646/1 et seq.); vi. A violation of Section 1-2 of the Harassing and Obscene Communications Act (720 ILCS 5/26.5); vii. A violation of the Hazing Act (720 ILCS 5/12C-50); or viii. A violation of Section 12-1, 12-2, 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code (720 ILCS 5/) (bodily harm and mob action). 2. As provided by Section 1-7(a)(8) of the Juvenile Court Act, and except as limited or prohibited by other laws or administrative regulations, Police Officials will share information with School Officials concerning a minor who is the subject of a current police investigation that is directly related to school safety unless Police Officials believe that sharing the information will create a threat of harm to any person or jeopardize a pending or actually and reasonably contemplated investigation. Such information may only be shared orally. An investigation means an official, systemic inquiry by Police Officials into actual or suspected criminal activity. 3. Upon request, as provided by 5 ILCS 140/2.15, Police Officials will share the following arrest and criminal history information with School Officials that relate to a student enrolled in one of ETHS’s schools who is 18 years of age or older, unless Police Officials determine that disclosure would interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement agency, endanger the life or physical safety of any person, or compromise the security of any correctional facility: i. name; 211 of 611 Execution Copy - 6 - 2576590.1 ii. any charges relating to the arrest; and iii. if the student is incarcerated. 4. As required by Section 22-20 of the Illinois School Code, Police Officials shall report to ETHS’s Principal or designee whenever a student is detained for proceedings under the Juvenile Court Act, for any criminal offense, any violation of a municipal, or County ordinance. The report shall include the basis for the detention, the circumstances surrounding the detention, and the status of the proceedings. Police Officials shall periodically update the report as significant stages of the proceedings occur and with the disposition of the matter. C. Confidentiality and Records 1. All criminal activity information shall include the names of all involved persons enrolled at or affiliated with ETHS, including ETHS students and minors, except in cases where the name of the victim is protected under the Rights of Crime Victims and Witnesses Act, 725 ILCS 120/1, et seq., as amended, or other applicable law. 2. Any law enforcement and student records subject to disclosure under this Agreement shall not be disclosed or made available in any form to any person or agency other than as set forth in this Agreement or as authorized by law or court order. Police Officials and School Officials shall develop procedures to ensure such nondisclosure of criminal activity information. Such procedures shall be designed to also ensure that any criminal activity information is not available to other employees, or any persons other than as authorized by this Agreement or by law. 3. School Officials shall follow State and federal laws regarding student records. 4. As set forth in Section 1-7 of the Juvenile Court Act, all reports and records shared by Police Officials with School Officials shall be kept in a secure location and shall not be a public record subject to the Freedom of Information Act, 5 ILCS 140/1 et seq. Such information shall be kept separate from and shall not become a part of the student’s official school record. The information shall be used by School Officials solely to aid in the proper rehabilitation of the student and to protect the safety of students and employees in the schools. IV. SCHOOL RESOURCE OFFICER PROGRAM A. Prior to the execution of this Agreement, the City deployed two police officers to ETHS for primary duty assignment as a school resource officer (“SRO”) at ETHS. The City 212 of 611 Execution Copy - 7 - 2576590.1 agrees to continue the deployment of the two SROs for primary duty assignment during the IGA term as follows: 1. two SROs will be assigned to ETHS during the ETHS academic school year (180 days per calendar year); 2. only one SRO will be assigned to ETHS during the ETHS summer school year (28 days per calendar year); 3. the hours that the SRO shall serve each day at ETHS shall be determined jointly by the Superintendent or designee and the City Manager or designee; and 4. the Parties agree that during the non-school year period, the SROs will be deployed to duties with the Evanston Police Department outside the scope of this IGA. B. Selection of the School Resource Officer 1. ETHS, through the Superintendent or designee, and the City, through the City Manager or designee, will work collaboratively to select the SROs. The City will provide to ETHS police officers who are in good standing with the City and with the following desired qualifications for review, all as determined by the City: i. Illinois Certified Police Officer; ii. Completed a School Resource Officer training class within one year of assignment, in accordance with 50 ILCS 705/10.22; iii. Trained in gang resistance and alcohol/drug resistance curricula; iv. Trained in handling an active school shooter; v. Verbal, written, and interpersonal skills including public speaking; vi. Knowledge of, and experience in, matters involving cultural diversity; and vii. Affinity for young people, calm, patient, approachable, self- directed, and collaborative. 2. The City shall assign the SROs based on the recommendation of the Superintendent, or designee, and the City Manager, or designee. C. The SROs shall remain employees of the City and will abide by all personnel rules of the City and any applicable Collective Bargaining Agreement. As an employee of the City and not ETHS, a SRO shall not be entitled to any benefits that ETHS provides to its 213 of 611 Execution Copy - 8 - 2576590.1 employees. The City shall be fully responsible to each SRO for the payment of all employee compensation and benefit obligations. D. As an employee of the City, a SRO shall be subject to the chain of command of the Police Department. When serving in the role of SRO, he/she shall coordinate and communicate with the Principal or Principal’s designee regarding daily activities. In the event the SRO fails to abide by the terms of this Agreement, follow the rules and regulations of ETHS, or perform the duties outlined in Exhibit A, the Superintendent or designee shall notify the SRO’s Supervisor in the Police Department of the specific problems. If the SRO fails to remedy the problems within fifteen (15) days of the date of notification or an agreed upon date by the Parties, the Superintendent or designee may request a new SRO and the Superintendent, or designee, and the City Manager, or designee, will work cooperatively to resolve the problem, which may include appointing a new SRO at the request of ETHS. E. The scope of the SRO’s duties and responsibilities is set out in Exhibit A, which may be changed or redefined at any time when agreed upon in writing by both the City Manager, or designee, and the Superintendent, or designee. F. Discipline 1. The SRO is to assist ETHS in enforcing the ETHS code of conduct and other school rules to maintain a safe learning environment. 2. The SRO will be involved in school discipline to only a limited extent. When an incident arises that would, if ignored, place students, faculty, and staff at risk of harm, the SRO will take reasonable and necessary steps to prevent the disruption. If the incident relates to the violation of the ETHS code of conduct, the SRO will take the student to the principal’s office for discipline. If the incident relates to a crime originating on campus, it is the responsibility of the SRO to report the crime. G. Student Records 1. For purposes of the Illinois School Student Records Act, 105 ILCS 10/, and the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232(g), the SRO shall be considered a school official and agent of ETHS. As such, the SRO shall have access to student records only as necessary for the fulfillment of his/her duties as prescribed in this Agreement. The SRO shall keep all student records confidential except if disclosure is required by law. The SRO shall disclose student records only in circumstances and in a manner authorized by State and federal law. 2. Consistent with Section 10/2(d) of the Illinois School Student Records Act, reports of the SRO shall be deemed the reports of a law enforcement professional and shall not be considered a student record. 105 ILCS 10/2(d). For purposes of the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232(g), the SRO designated to work with ETHS pursuant to this Agreement shall be 214 of 611 Execution Copy - 9 - 2576590.1 considered a law enforcement unit of the school such that the records created by an SRO for law enforcement, including but not limited to recordings of a body worn camera, shall not be considered educational records. V. TECHNICAL EDUCATION COUNSELOR/EMPLOYER ADVISORY COUNCIL A. For the term of this Agreement, ETHS shall employ a post-secondary career counselor to work on training and outreach to ETHS students. B. ETHS shall collaborate with the Mayor’s Employer Advisory Council to enhance the preparation and placement of students into postsecondary careers not requiring college. VI. OTHER TERMS AND CONDITIONS A. This Agreement sets forth all the covenants, conditions, and promises between the Parties. There are no covenants, promises, agreements, conditions or understandings between the Parties, either oral or written, other than those contained in this Agreement. B. In the event of any substantive breach of the terms and conditions of this Agreement, the aggrieved party shall notify the party alleged to be in breach of the nature of the breach. The party alleged to be in breach shall have ten (10) days to cure the breach; if the nature of the breach is such that a cure cannot reasonably be affected within ten (10) days, the party alleged to be in breach shall not be held in default so long as it commences a cure in the ten (10) day period and diligently pursues completion thereof. Upon default of this Agreement, the non- defaulting party shall have all legal and equitable remedies arising from the breach. C. Indemnification: 1. To the extent authorized by the laws of the State of Illinois, the City shall indemnify and hold harmless ETHS, its Board and its members, employees, volunteers, agents, their successors, and assigns, in their individual and official capacities (the “School Indemnified Parties”) from and against any and all liabilities, loss, claim, demand, lien, damage, penalty, fine, interest, cost and expense, including without limitation, reasonable attorneys’ fees and litigation costs, incurred by the School Indemnified Parties arising out of any activity of the City in performance of this Agreement, or any act or omission of the City or of any employee, agent, contractor or volunteer of the City (the “City Indemnitors”), but only to the extent caused in whole or in part by any negligent or willful and wanton act or omission of the City Indemnitors. 2. To the extent authorized by the laws of the State of Illinois, ETHS shall indemnify and hold harmless the City, its officers, officials, agents, volunteers, employees, and their successors and assigns, in their individual and official capacities (the “City Indemnified Parties”) from and against any and all liabilities, loss, claim, demand, lien, damage, penalty, fine, interest, cost and expense, including without limitation, reasonable 215 of 611 Execution Copy - 10 - 2576590.1 attorneys’ fees and litigation costs, incurred by the City Indemnified Parties arising out of any activity of ETHS in performance of this Agreement, or any act or omission of ETHS or of any employee, agent, contractor, or volunteer of ETHS (the “School Indemnitors”), but only to the extent caused in whole or in part by any negligent or willful and wanton act or omission of the School Indemnitors 3. Nothing contained in Section V.C or in any other provision of this Agreement is intended to constitute nor shall it constitute a waiver of the defenses available to ETHS or the City under the Illinois Local Governmental and Governmental Employees Tort Immunity Act. D. All notices required to be given hereunder shall be in writing and shall be properly served on the date delivered by courier or on the date deposited, postage prepaid, with the U. S. Postal Service for delivery via certified mail, return receipt requested, addressed: If to City: Wally Bobkiewicz City Manager City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Richard Eddington Chief of Police City of Evanston 1454 Elmwood Evanston, IL 60201 Michelle Masoncup Corporation Counsel City of Evanston 2100 Ridge Avenue Evanston, IL 60201 If to ETHS: Dr. Eric Witherspoon Superintendent 1600 Dodge Avenue Evanston, IL 60201 Mary Rodino Chief Financial Officer 1600 Dodge Avenue Evanston, IL 60201 Brian P. Crowley Franczek 300 South Wacker, Ste. 3400 Chicago, IL 60606 E. This Agreement shall be binding on the Parties and their respective successors, including successors in office. F. This Agreement is governed by and shall be construed in accordance with the laws of the State of Illinois without regard to conflict of law principles. Jurisdiction and venue for all disputes hereunder shall be the Circuit Court located in Cook County, Illinois, or the federal district court for the Northern District of Illinois. G. No amendment, waiver, or modification of any term or condition of this Agreement shall be binding or effective for any purpose unless expressed in writing and adopted by each of the Parties as required by law. H. This Agreement expresses the complete and final understanding of the Parties with respect to the subject matter as of the date of its execution. The Parties acknowledge that no representations have been made which have not been set forth herein. 216 of 611 Execution Copy - 11 - 2576590.1 I. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. J. This Agreement may not be assigned by either Party without the prior written consent of the other Party, which consent will be granted or denied at the Party’s sole discretion. K. This Agreement is for the benefit of the Parties and no other person is intended to or shall have any rights, interest, or claims under this Agreement or be entitled to any benefits under or because of this Agreement as a third-party beneficiary or otherwise. L. The undersigned represent that they have the authority of their respective governing authorities to execute this Agreement. M. This Agreement shall be deemed dated and become effective on the date the last of the Parties signs as set forth below the signature of their duly authorized representatives. The Parties hereto have caused this Agreement to be executed by the Superintendent of the Evanston Township High School District No. 202 and the City Manager of the City of Evanston. Their signatures are attested to by the respective clerk and secretary of these public bodies. EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202: By: Superintendent Date: Attest: [Seal] CITY OF EVANSTON: By: City Manager Date: Attest: City Clerk [Seal] 217 of 611 Execution Copy - 12 - 2576590.1 Exhibit A Duties and Responsibilities of School Resource Officer The City police officer assigned to ETHS as its School Resource Officer shall have the following duties and responsibilities in furtherance of maintaining a safe and effective learning environment at ETHS: Educational Responsibilities 1. Work cooperatively with administrators and staff to plan and schedule appropriate student lessons in topics including, but not limited to, gang/violence and drug/alcohol resistance and the role of laws, courts, and police. 2. Provide training for staff on the role of the School Resource Officer as well as on topics of interest and importance to the staff related to the School Resource Officer’s expertise. 3. Work collaboratively with administrators to arrange and participate in parent/community education sessions. School Resource Officer Responsibilities 1. Promote a positive relationship and enhance communications between police officers, students, staff, and parents at ETHS. 2. Be available to students, staff, parents, and school community organizations as a resource. 3. Interact with students as a positive role model. 4. Collaborate on a regular basis with administrators, keeping clear lines of communications with designees identified by the campus principal on a day to day basis. 5. Collaborate with administrators and Student Services personnel to identify behaviorally at-risk students, establish a working relationship with such students, and develop interventions to prevent delinquent behavior. 6. Assist administrators in investigating and responding to student conduct in violation of the Student Code of Conduct, including assisting, when requested, with inspections and searches and testifying at suspension review and expulsion hearings. 7. Become familiar with the attendance area of ETHS in terms of delinquency patterns and trouble spots. 8. Accompany ETHS personnel on home visits, as requested. 9. When dealing with a student that is suspected of violating a law, use restorative actions as an alternative to arresting students unless the School Resource Officer reasonably believes that there is imminent danger to students, employees, or the School Resource Officer. 10. Participate at least once annually in ETHS sponsored racial equity training provided to ETHS employees. Security Responsibilities 218 of 611 Execution Copy - 13 - 2576590.1 1. Maintain a high level of visibility during school entrance and dismissal times as well as during passing periods. 2. Assist with supervision of co-curricular school activities both at home and away, as requested. 3. Meet with administrators to advise them of potentially violent situations and to plan for the safe resolution of those situations. 4. Refer all matters of school discipline to the proper administrator or other school personnel. 5. Provide protection to students, staff, and the school from theft, vandalism, assault, and other violations of the law. 6. Assist staff in the event of an emergency. 7. Supervise parking lots and automobile traffic near the school and prevent loitering and trespassing on school property when requested to do so. General 1. Perform duties in police uniform or other designated apparel agreed to by the parties in writing. Perform duties in plain clothes or other apparel agreed to by the parties in writing. 2. Carry service weapon, badge, and handcuffs. 3. Assume responsibility for finding a substitute when absent. An officer with previous high school experience (including co-curricular activities) will be provided whenever possible. 4. Participate in periodic training through the Illinois School Resource Officers Association, National Association of School Resource Officers, or similar organizations. 5. Participate in in-service training and certification requirements that apply to all certified officers of the City. 6. Beginning January 1, 2021: Complete the Illinois Law Enforcement Training Standards Board’s training program for school resource officers. 219 of 611 For City Council meeting of April 22, 2018 Item A15 Resolution 37-R-19, Professional Services Agmt for TIF Consulting Services For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Leonard, Community Development Director Paul Zalmezak, Economic Development Division Manager Subject: Resolution 37-R-19, Professional Services Agreement with Kane McKenna for Tax Increment Financing Consulting Services Date: March 28, 2019 Recommended Action: Staff recommends City Council adoption of Resolution 37-R-19 authorizing the City Manager to enter into a consulting contract with Kane McKenna and Associates, Inc. for study of the eligibility of expansion of the Howard Ridge Tax Increment Financing (TIF) District (#5) to include additional properties (50 PINs), for an amount not to exceed $30,500. The potential expansion of the district constitutes a major amendment to the TIF district and requires full eligibility of new parcels and public meeting process. The length of time for the district is not under consideration for extension at this time. Funding Source: Funding will come from Howard Ridge TIF Consulting Services Fund (Account 330.99.5860.62185). Livability Benefits: Economy & Jobs, Retain and expand local businesses Summary: The City Council approved the creation of the Howard Ridge TIF district on January 26, 2004. The TIF district will expire with the final collection of revenues on December 31, 2027. .The boundary, illustrated in the map below, runs along the southern boundary of Evanston from Ridge Avenue on the west to the CTA tracks on the east. The Howard Ridge TIF district map, ordinances, redevelopment plan, and annual reports can be found at the following link: https://www.cityofevanston.org/business/tif-districts. Following a reference from Alderman Ann Rainey, staff sought quotes from consultants to study the potential expansion of the TIF district, further west, as illustrated in the attached map. There are approximately 50 PINs eligible for inclusion in this expansion. Memorandum 220 of 611 The total number of structures is 14. The TIF expansion study area includes the parcels west of Ridge, westward to 1415 Howard Street. Staff recommends studying the expansion of the TIF to incorporate several underutilized properties which provide the potential for redevelopment during the remaining life of the TIF district, including the vacant Dairy Queen (911 Howard St.) site, which is under contract for a proposed affordable senior housing development by Evergreen Real Estate Group and CJE Senior Life. The proposed TIF Expansion Study could include a residential impact study as required by 65 ILCS 5/11 – 74.4, the State of Illinois law governing TIF Districts. There are approximately 200 residential units within the proposed expansion area. The statute requires a housing impact study if the redevelopment within the TIF project area would result in the displacement of residents from ten (10) or more inhabited residential units or if the project area contains 75 or more inhabited residential units. A housing impact study would be required because 415 Howard alone contains 195 residential units. The expanded area would add an additional eight units in the 1413-1415 Howard Street apartment building. However, the City Council can waive the housing impact study requirement, and save $5,500 in consulting fees, by passing a resolution certifying that no displacement of residents will occur as a result of TIF funded activities. Background: Staff requested quotes from firms engaged in TIF eligibility studies on February 4, 2018 with a due date of February 28, 2019. Kane McKenna responded with the lowest cost and responsive scope of services not to exceed $30,500, including the cost of the housing impact study. Kane McKenna quoted a contract not to exceed $25,500 if the housing impact study is not required. Attachments: Map of Proposed Study Area Resolution 37-R-19 RFP Document 221 of 611 222 of 611 223 of 611 3/28/2019 37-R-19 A RESOLUTION Authorizing the City Manager to Execute a Professional Services Agreement with Kane McKenna and Associates, Inc. for a Consulting Agreement to Study the Eligibility of Expansion of the Howard Ridge TIF District NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest, on behalf of the City, the Professional Services Agreement (the “Agreement”), attached as Exhibit 1, is the consult scope of service outlined by the consultant and the Professional Service Agreement, by and between the City of Evanston and Kane McKenna and Associates, Inc. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions or terms of the Agreement with Kane McKenna and Associates, Inc as may be determined to be in the best interest of the City. SECTION 3: This resolution, 37-R-19, shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. 224 of 611 37-R-19 ~ 2 ~ _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 225 of 611 37-R-19 ~ 3 ~ EXHIBIT 1 PROFESSIONAL SERVICES AGREEMENT 226 of 611 Revised 10/2011 1 CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for Expansion of the City of Evanston Tax Increment Financing District No.5 – Howard Ridge TIF (“the Project”) THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this 23rd__ day of _April___, 2019 between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and Kane, McKenna and Associates, Inc., with offices located at 150 North Wacker Drive, Suite 1600 Chicago, Illinois 60606 (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this Agreement shall not exceed $30,500 I. COMMENCEMENT DATE Consultant shall commence the Services no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. II. COMPLETION DATE Consultant shall complete the Services within 30 weeks or by November 15, 2019 for presentation to the City Council no later than November 25. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS City shall pay Consultant those fees as provided here: Payment shall be made upon the completion of each task for a project, as set forth in Exhibit A – Project Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. DESCRIPTION OF SERVICES 227 of 611 Revised 10/2011 2 Consultant shall perform the services (the “Services”) set forth here: Services are those as defined in Exhibit A, the City’s Request for Proposal (Exhibit B) and Consultant’s Response to the Proposal (Exhibit C). V. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Consultant is an independent Consultant and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any non-party to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Consultant or its subconsultants provide false information, or fail to be or remain in compliance with this Agreement, the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Consultant’s work and all indemnity and insurance requirements. The Consultant shall obtain prior approval from the City prior to subcontracting with any entity or person to perform any of the work required under this Agreement. If the Consultant subcontracts any of the services to be performed under this Agreement, the subconsultant agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. The Consultant shall be responsible for the accuracy and quality of any subconsultant’s work. All subconsultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every subconsultant that does work or 228 of 611 Revised 10/2011 3 provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services, (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the right terminate this Agreement without prior written notice. Within thirty (30) days of termination of this Agreement, the Consultant shall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source documents, AutoCad Version 2007, PDF, ArtView, Word, Excel spreadsheets, technical specifications and calculations, and any other such items specifically identified by the City related to the Services herein. D. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own expense comply with all applicable workers compensation, unemployment insurance, employer’s liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, regulations and orders. Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. 229 of 611 Revised 10/2011 4 E. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Consultant to City and consented to in writing to City. F. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Consultant hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Consultant may retain copies of the same for Consultant’s own general reference. G. Payment. Invoices for payment shall be submitted by Consultant to City at the address set forth above, together with reasonable supporting documentation, City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. H. Right to Audit. Consultant shall for a period of three years following performance of the Services, keep and make available for the inspection, examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Consultant, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Consultant is found to have been overstated, Consultant shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection with the audit respecting such invoice. I. Indemnity. Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultant’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. 230 of 611 Revised 10/2011 5 Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Consultant shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Consultant must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Consultant shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subConsultants’ work. Acceptance of the work by the City will not relieve the Consultant of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. J. Insurance. Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder: (1) worker’s compensation in statutory limits and employer’s liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non-owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before 231 of 611 Revised 10/2011 6 Consultant performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City may also require Consultant to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Consultant’s Services and work under this Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Consultant and its subcontractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy or reimbursement, at law or in equity, against Consultant. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. K. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. 232 of 611 Revised 10/2011 7 L. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City’s name nor the name of any affiliate of City, nor any picture of or reference to its Services in any advertising, promotional or other materials prepared by or on behalf of Consultant, nor disclose or transmit the same to any other party. M. No Assignments or Subcontracts. Consultant shall not assign or subcontract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. Consultant shall not employ, contract with, or use the services of any other architect, interior designer, engineer, consultant, special contractor, or other third party in connection with the performance of the Services without the prior written consent of City. N. Compliance with Applicable Statues, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statues, ordinances and regulations, at Consultant’s sole cost and expense, except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its own expense, criminal and driver history background checks of Consultant’s officers, employees, subcontractors, or agents. Consultant shall immediately reassign any such individual who in the opinion of the City does not pass the background check. O. Liens and Encumbrances. Consultant, for itself, and on behalf of all subcontractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law mechanics’ materialmens’ or other such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all subcontractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at any time suffer or permit any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. P. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. Q. Attorney’s Fees. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement 233 of 611 Revised 10/2011 8 by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. R. Waiver. Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. S. Severability. In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. T. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. U. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. V. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant’s noncompliance with any provision of Section 1-12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared nonresponsible and therefore ineligible for future contracts or subcontracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of the contract, the Consultant agrees as follows: A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. 234 of 611 Revised 10/2011 9 VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its subconsultant provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in performance under this Agreement. C. If Consultant, or any officer, director, partner, or other managerial agent of Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant certifies at least five years have passed since the date of the conviction. D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E-4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, and as applicable, has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. 235 of 611 Revised 10/2011 10 G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, and C sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract form consistent with this Agreement and Exhibits hereto shall be part hereof. IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By ________________________ By:________________________ Its: ________________________ Its: _______________________ FEIN Number: _______________ Date: _____________________ Date: _______________________ 236 of 611 Revised 10/2011 11 EXHIBIT A – Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated _____, 2019 between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201 (“City”) and Kane, McKenna and Associates, Inc., (“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: I. COMMENCEMENT DATE: April 23, 2019 II. COMPLETION DATE: November 15, 2019 III. FEES: not to exceed $30,500 IV. SERVICES/SCOPE OF WORK: Study the potential expansion of the Howard Ridge TIF and work associated with the major amendment to the TIF District for geographic expansion As defined in RFP (Exhibit B) and Consultants Response to Proposal (Exhibit C) Dated: February, 2019 237 of 611 The City of Evanston is currently soliciting cost estimates/proposals from qualified professionals ​for a scope of services resulting in the expansion of the City of Evanston Tax Increment Financing District No. 5 - Howard Ridge TIF. The Howard Ridge TIF was established in January 2004. The boundary, illustrated in the map below, runs along the southern boundary of Evanston from Ridge Avenue on the west to the CTA tracks on the east. The Howard Ridge TIF district map, ordinances, redevelopment plan, and annual reports can be found at the following link: https://www.cityofevanston.org/business/tif-districts Howard RIdge TIF Current Boundary Staff is seeking consulting services to study the potential expansion of the TIF and the work associated with the major amendment to the TIF district for the geographic expansion of the TIF district further west as illustrated in the study area boundary below. The approximate number of PINs for inclusion in this expansion 50. The total number of structures is 14. Howard Ridge TIF Expansion Study Area 238 of 611 239 of 611 240 of 611 241 of 611 242 of 611 243 of 611 244 of 611 245 of 611 246 of 611 247 of 611 248 of 611 249 of 611 250 of 611 251 of 611 252 of 611 253 of 611 254 of 611 255 of 611 256 of 611 257 of 611 258 of 611 259 of 611 260 of 611 261 of 611 262 of 611 263 of 611 264 of 611 265 of 611 266 of 611 267 of 611 268 of 611 269 of 611 270 of 611 271 of 611 272 of 611 273 of 611 274 of 611 275 of 611 276 of 611 277 of 611 278 of 611 Howard Ridge TIF Expansion Study Area Proposal​ ​Guidelines: Interested respondents should​ ​provide the following: 1.Narrative and cost estimate of the TIF study and major amendment work; if there are any factors that might impact the cost, respondent can provide a range for the cost with a description of what factors would affect the cost. Please indicate the portion of work to be performed by any women-owned, minority-owned, or Evanston-based contractors or firms. 2.The timeframe needed to complete the study, once the City issues a “Notice to Proceed.” 3.Documentation of professional qualifications ​to perform TIF studies; in addition, respondent should provide information on the number of TIF studies conducted within the last 12 months, generally, as well as the number that were done within the City of Evanston. 4.Examples of ​three (3) comparable TIF expansion studies you have recently performed ​and, if not in violation of any confidentiality agreements, the name of the client. 5.A list of any documents or additional information that you would want/need from the City in order to complete the TIF study in a timely manner 6.Agreement to execute the City’s standard professional services agreement (see attached). Proposals are due ​5:00 p.m. February 28, 2019 and to be emailed to Paul Zalmezak at pzalmezak@cityofevanston.org​ Please do not mail or drop off hard copy proposals. The City of Evanston expects to award the contract to the lowest priced, responsible and responsive bidder in a timely manner, but ​reserves the right to reject any or all submittals​.Thank you for your interest in this project. 279 of 611 For City Council meeting of April 22, 2019 Item A16 Ordinance 23-O-19, Amendment to City Code – Wheel Tax For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Assistant City Manager Hitesh Desai, Chief Financial Officer Alex Thorpe, Revenue Manager Subject: Ordinance 23-O-19, Amending City Code Section 10-8-1 “License Required” Changing the Wheel Tax Deadline Date: April 22, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 23-O-19 which amends the City Code Section 10-8-1 to change the wheel tax deadline to October 1 instead of December 31. The renewal period would begin on August 1 and run through September 30. Funding Source: Revenue account 100.15.1560.52010 2019 Budget is $2,875,000. Livability Benefits: Stabilize Long Term City Finances Summary: If the City Council approves of this direction, staff would begin a transition plan that would begin this year for the 2020 wheel tax season. The 2020 renewal notifications will still be sent in October of this year with a due date of December 31. However, residents would be paying for wheel tax period of January 1 – September 30. The amount due will be prorated on 9 month basis (75% of the wheel tax total cost). This would mean the 2020 wheel tax for a passenger vehicle would be $63.75 since the wheel tax was Memorandum 280 of 611 increased to $85 during the 2019 budget. Then in July of 2020, renewal notifications will be sent for an October 1 due date for the 2021 wheel tax, which would be October 1 – September 30. The amount would be the full 100% of the wheel tax. This transition would have a budgetary impact. Since the 2020 season would be a transition year, the City would see a slight reduction of the revenue collected on vehicle licenses for the 2019 budget year because of pro-rated amount. The majority of the revenue is collected during November and December, however there are still many purchases made in January which are accounted for in the next fiscal year. For FY2020, the budget amount would be slightly higher as it would be collected during August and September of 2020 at the full rate and any sales made after the due date would still be accounted for in the same fiscal year. Background: Each year in August the City requests an updated registration list from the Illinois secretary of state of all vehicles registered to the City. This list is used for the mass notification mailing, which generally includes over 55,000 individual notifications. These notifications are sent out in Mid-October letting residents know that the renewal period will open soon, which is November 1 - December 31. During the renewal period, residents have a choice to renew their existing wheel tax or purchase a new wheel tax and residential permits through a variety of payment means, such as in-person, by mail, or online. The file the City receives only includes vehicles registered at the time the list is produced and any changes to registration information after this file is produced will not be captured in the system for this mailing. During the current open renewal period, there are also invoices being paid by residents for other services with a December 31 due date. These include such things as fire alarm permits, rental registration renewals, and pet licenses. Additionally, other tax / fee items such as passport applications, home rule taxes, parking tickets, and water bills are still processed. Typically, the Collectors Office staff hires temporary employees to assist with the wheel tax renewal period to help process payments mailed in and assist with phone calls. Staffing levels still fluctuate during the renewal period due to family/medical emergencies as well as scheduled vacation times. Below are the transaction numbers of all wheel tax and residential permits sold during November 1 - January 31. These numbers are for all payment areas, in person, mail, online, and through the vendor lockbox processing center. 2018 wheel tax season - 37,214 2019 wheel tax season - 35,416 281 of 611 Below is a list of some advantages of moving to an October 1st due date: (a) Alleviation of transaction volume needing to be processed by the year end. Finance staff would be able to go through the wheel tax season utilizing most of its existing resources at wheel tax and permit processing. This will then allow parking to start certain enforcement activities sooner. (b) The weather during this period is more pleasant. The snow and other weather episodes, like the polar vortex, during November and December create issues with people making it to the Civic Center to make their payments. (c) Use of Summer Youth Employment Program staff during August. The Collectors office would have a lot of data entry needs and payment processing projects that could be done by summer youth which would help to reduce the temporary employee expense line. (d) Allows additional staff to take time off during the holidays and reduce “burnout” at the year-end. Currently, the union contract, only one staff person is able to take off a predetermined vacation time on a particular day during the wheel tax season. This is generally the most senior member in the office and therefore the more junior members do not get the more popular days off during November and December. Additionally, many residents travel during this time and are out of town during this period. (e) Northwestern students move in/out during summer and the October date would allow them more time to get the proper parking documents needed, such as leases and water bills, for proof of residency for any residential permit. Below are some disadvantages of moving to an October 1st due date: (a) The first year the City would sell only a 9 month wheel tax would cause a reduction in revenue related to wheel tax for the first year of this transition. (b) This date is not a particularly memorable due date like December 31. For the 2020 wheel tax season the renewal process is expected to be incorporated into the ParkEvanston App. This will allow residents to pay for their wheel tax directly through the app. In addition the App will be able to push notifications to residents to remind them to pay their wheel tax. Attachments: Ordinance 23-O-19 282 of 611 3/25/2019 4/1/2019 23-O-19 AN ORDINANCE Amending City Code Section 10-8-1 “License Required” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: City Code Section 10-8-1, “License Required,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: CHAPTER 8 – WHEEL TAX 10-8-1. License Required (A) It shall be unlawful for any person to use, maintain, store for purposes other than sale, park or operate within the City any motor vehicle registered or required to be registered with the Illinois Secretary of State, to an address within the corporate limits of the City, unless such vehicle pays an annual fee outlined in Section 10-8-3 by December 31 September 30 for the following calendar year and therefore licensed with the City of Evanston as provided in this Chapter. In addition, vehicles not registered or required to be registered with the Secretary of State, as provided in the previous sentence, must be licensed as provided in this Chapter if the vehicle operator lives in an "Evanston resident only parking district" as described in Section 10-4-5-2(C) of this Title. All new residents of the City of Evanston must obtain a license pursuant to this Chapter within thirty (30) days of change of address. A violation of the provisions of this Section shall take place when a motor vehicle registered or required to be registered with the Illinois Secretary of State to an Evanston address is not licensed within thirty (30) days the motor vehicle is required to be licensed under this Chapter, whether or not said vehicle is actually in operation on the streets or public ways of the City. Citations for a violation of this Section shall be considered in connection with the City's authority to immobilize motor vehicles per City Code Section 11-2-1. (B) The deadline for annual license renewal will be due no later than December 31 September 30 of the renewal year. Citations may be issued for violations of Section 10-8-1(A) thirty-one (31) days after December 31 September 30 of the renewal year. 283 of 611 23-O-19 ~2~ (C) The annual license is nonrefundable. If any portion of a license is unused, that portion will not be refunded to the purchaser. 10-8-5. - TRANSFER OF LICENSE. Whenever the owner of any vehicle licensed under this Chapter shall, before the expiration of such license, make application to the City collector for the transfer of such license to any other vehicle under his/her ownership, he/she shall pay a fee of eight dollars ($8.00) for such transfer, plus any additional fee for any change of the classification of the vehicle. In the event of a change of vehicle to be licensed, the licensee shall be required to make the transfer of the license within forty-eight (48) hours after such change. It shall be unlawful to transfer any license from one person to another. Any person who is the owner of a motor vehicle on January 1 October 1 shall be required to have affixed on the left side of the windshield of the vehicle a wheel tax license for that year. All such licenses shall expire on December 31 September 30 following the date of issuance. In the event of new ownership, the new owner shall make application for a wheel tax license within twenty four (24) hours after acquiring a vehicle 10-8-6. - ONE-HALF YEAR LICENSE FEES. One-half (½) year rates on all vehicle licenses shall apply to those owners who purchased or registered vehicles on or after July 1 March 1. No wheel tax license shall be issued to any owner for a one-half (½) year period until such owner has received his/her license indicating registration of such vehicle with the Secretary of State and such wheel tax license shall be issued for such period as the state license has been issued. The license fee to be paid for a period of six (6) months or less annually to the City shall be as follows: Motor vehicles used in the transportation of passengers and not for hire $38.0043.00 Antique motor vehicles as defined in Subsection 10-8-3(A) of this Chapter 10.00 15.00 Automobile "dealer plates," each 38.0043.00 Buses: School 38.0043.00 Other 47.0053.00 Recreation Vehicles: All recreational vehicles 43.00 48.00 284 of 611 23-O-19 ~3~ Motorcycles 25.00 30.00 Taxicabs or livery cabs for hire 38.0043.00 Trailers designed to be towed by passenger vehicles and as further defined in Subsection 10-8-3(A) of this Chapter 15.00 20.00 Motor trucks and tractor trailers as defined in Subsection 10-8-3(A) of this Chapter: Gross Weight Not To Exceed Classification Fee 8,000 pounds or less B $53.00 58.00 8,001 — 12,000 pounds D 70.00 75.00 12,001 — 16,000 pounds F 83.00 88.00 16,001 — 24,000 pounds H 98.00 103.00 24,001 — 28,000 pounds J 100.00 105.00 28,001 — 32,000 pounds K 103.00 108.00 32,001 — 41,000 pounds N 113.00 118.00 41,001 — 45,000 pounds P 120.00 125.00 45,001 — 50,000 pounds R 128.00 133.00 50,001 — 59,000 pounds S 135.00 140.00 59,001 — 64,000 pounds T 141.00 145.00 64,001 — 73,280 pounds V 148.00 153.00 73,281 — 77,000 pounds X 154.00 160.00 77,001 — 80,000 pounds Z 160.00 165.00 SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 285 of 611 23-O-19 ~4~ SECTION 3: If any provision of this Ordinance 23-O-19 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: Ordinance 23-O-19 shall be in full force and effect after its passage and approval. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 286 of 611 For City Council meeting of April 22, 2019 Item A17 Ordinance 16-O-19: Amending Portions of City Code Title 7 “Public Ways” For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Subject: Ordinance 16-O-19, Amending Portions of City Code Title 7, “Public Ways”, Chapter 2 “Streets, Sidewalks and Public Ways”, Section 9 “Encumbrances, Encroachments and Obstructions” Date: April 11, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 16-O-19 by which the City Council would amend Title 7, Chapter 2, Section 9 of the City Code related to the Encumbrances, Encroachments and Obstructions of the Public Ways. Livability Benefits: Built Environment: Enhance Public Spaces Background: Staff discussed the need to modify portions of the City Code related to snow and ice removal issues during the February 18, 2019 City Council meeting. At that time, City Council acknowledged the challenges and operational issues during snow plowing efforts caused by leaves and snow from private property being placed onto the City right-of-way. Additionally, City Council indicated that it was desirable to have snow cleared from the sidewalks by adjacent property owners when there is an accumulation of four inches or more of snowfall regardless of the time frame in which the snow accumulates to four or more inches. Summary: City Code 8-3-7 “Littering” already prohibits leaves from being placed in the public way. This section of the code has a definition of litter that includes leaves and further states that litter is prohibited from being placed in the public way. However, staff recommends that this requirement, specific to leaves, be more clearly stated in Title 7 “Public Ways” where other obstructions of streets, sidewalks and public ways are listed. Memorandum 287 of 611 Currently there is no city code that prohibits snow from private property from being placed onto the public ways. Staff recommends that this requirement also be clearly stated in Title 7 “Public Ways” where other obstructions of streets, sidewalks and public ways are listed. The code currently requires the removal of snow from sidewalks whenever there is a snowfall with an accumulation of four inches (4") or more within any twenty-four (24) hour span of time. Staff recommends that the code be revised to require the removal of snow from sidewalks anytime that there is an accumulation of four inches (4") or more of snowfall regardless of the time period it takes for the accumulation to occur. Staff is also recommending that the penalty for placing leaves or snow onto the public way be clearly defined. It is staff’s objective to make residents and businesses aware of these new code requirements prior to issuing any violations. Staff will provide notice of the new code requirements to a person or business violating the code prior to issuing a violation. However, continuous disregard of the code requirements by the same person or business will result in a notice of violation being issued, and having a clear penalty amount on the notice of violation will be beneficial in enforcing the code. Legislative History: Staff discussed the proposed code modifications at the City Council Meeting on February 18, 2019 Attachments: Ordinance 16-O-19 288 of 611 2/25/2019 4/10/2019 16-O-19 AN ORDINANCE Amending Portions of City Code Title 7, “Public Ways”, Chapter 2 “Streets, Sidewalks and Public Ways”, Section 9 “Encumbrances, Encroachments and Obstructions” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Subsection 7-2-9, “Encumbrances, Encroachments and Obstructions”, of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 7-2-9. - ENCUMBRANCES, ENCROACHMENTS AND OBSTRUCTIONS. (A) Regulations. The public right-of-way in the City shall be kept free and clear at all times of all encumbrances, obstructions and encroachments, except as may be provided in this Chapter or by ordinance or resolution of the City Council which otherwise specially provided (see Section 13 of Chapter 3 of this Title). (B) Fourth Of July Parade Parkway Regulations. 1. Chairs and blankets only are permitted on the parkway on Central Street from the west side of Bent Park to Asbury Avenue each year no earlier than six o'clock (6:00) A.M. on July 1 for the sole purpose of viewing the July 4 parade. No such chairs and blankets are permitted at any time on the sidewalks and on areas where the pavement extends to the curb. Such chairs and blankets shall not encumber, obstruct, or encroach on crosswalks or handicapped access to the sidewalk. All such chairs and blankets must be removed no later than six o'clock (6:00) P.M. on the day of the parade. Any person placing such chairs or blankets on the parkway shall assume all responsibility for doing so and by placing such chairs or blankets on the parkway holds the City harmless for any and all consequences of such act. Such chairs and blankets placed on the parkway prior to six o'clock (6:00) A.M. on July 1 or remaining on the parkway after six o'clock (6:00) P.M. on the day of the parade will be removed by the City. The City is not responsible for loss of or damage to property placed on the parkway or removed from the parkway. 2. No tape, rope, stakes, or other similar material for the purpose of cordoning off or reserving any area in the parkway shall be permitted at any time. Such materials will be removed by the City. The City is not responsible for loss of or damage to property removed from the parkway. Any person placing such chairs 289 of 611 16-O-19 ~2~ and blankets on the parkway shall assume all responsibility for doing so and by placing such chairs and blankets on the parkway holds the City harmless for any and all consequences of such act. (C) Leaves. No person shall intentionally place leaves into the public right-of-way in the City. (D) Snow. No person shall intentionally move snow from private property onto the public right-of-way or any City property. No person shall place snow in the parkway to a height of thirty-six (36) inches or greater, within twenty-five (25) feet of an alley or street intersection. (CE) Penalty. Any person violating the terms of this Section or any person who permits the private or commercial person or entity to violate the terms of this Section shall be fined not less than one hundred dollars ($100.00) for the first offense, two hundred fifty dollars ($250.00) for the second offense in any one-year period, and five hundred dollars ($500.00) for the third and any subsequent offense in any one year period. nor more than five hundred dollars ($500.00) for any such offense. A separate offense shall be deemed committed each day during which a violation occurs or continues. SECTION 2: City Code Subsection 7-2-9-3, “Sidewalks to be Clear of Snow, Ice, Dirt and Weeds”, of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 7-2-9-3. - SIDEWALKS TO BE CLEAR OF SNOW, ICE, DIRT AND WEEDS. (A) Snow and Ice. Whenever there is a snowfall with an accumulation of four inches (4") or more within any twenty-four (24) hour span of time, every owner or occupant of a dwelling or other building, or proprietor or lessee of any enclosed lot or premises, shall clear a path at least thirty-six inches wide (36") on the sidewalks in front of or adjoining such house, building or premises of snow and ice. The path shall be created and cleared within twenty-four (24) hours of any when there is an accumulation of four- inches (4") or greater snowfall, and the path shall be maintained and clear of snow and ice. If the snow and ice is hardened and congealed such that removal is unduly burdensome or may damage the sidewalk, the sidewalk shall have sand, salt or similar deicing material spread upon its surface. The path shall be cleared and created to give access to abutting property and public ways. All landlords shall clear snow and ice from private sidewalks, walkways, stairs, driveways, parking spaces, parking lots, and similar areas on private property to permit access for tenants and invitees to such private property. If an owner, lessee, proprietor or occupant neglects or refuses to clear such snow and/or ice, the City may clear such snow and/or ice or authorize some person to do the same on behalf of the City. The City, in its sole discretion, may issue notices of violation 290 of 611 16-O-19 ~3~ to an owner, lessee, proprietor, or occupant for violations of this section If the City's agent clears snow and/or ice, a notice of lien of the cost and expense thereof incurred by the City shall be recorded by filing a lien in the office of the Cook County Recorder of Deeds. The notice of lien shall consist of a sworn statement setting out: 1. A description of the real estate sufficient for identification thereof; 2. The amount of money representing the cost and expense incurred or payable for the service; and 3. The date when the cost and expense was incurred by the City. Such notice shall be filed within sixty (60) days after the cost and expense is incurred. Upon payment of the cost and expense after the notice of lien was filed as provided herein, the lien shall be released by the City or person in whose name the lien was filed and the release shall be filed of record. Nothing in this section imposes upon the City a duty of care or create a cause of action against the City for personal injury or for damage to personal property due to natural accumulations of snow and ice. (B) Dirt and Weeds. Every owner, lessee, proprietor or occupant under this section shall keep sidewalks clear and free of all obstructions at all times, including but not limited to, dirt and weeds. (C) Off-Street Parking Areas. Every owner or occupant of any dwelling house or other residential building, or proprietor or lessee of any business, commercial or public premises within the City, shall clear the off-street parking spaces and access thereto for spaces required to be provided under zoning or other City codes for said premises of ice and snow within twenty-four (24) hours of any four-inch (4") or greater snowfall. 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: Ordinance 16-O-19 shall be in full force and effect after its passage and approval. 291 of 611 16-O-19 ~4~ 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: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 292 of 611 For City Council meeting of April 22, 2019 Item A18 Ordinance 17-O-19: Amending Portions of City Code Title 8 “Health & Sanitation” For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Subject: Ordinance 17-O-19, Amending Portions of City Code Title 8, “Health and Sanitation”, Chapter 4 “Municipal Solid Waste”, Section 8 “Designation of Collection Site; Collection Agent” Date: April 11, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 17-O-19 by which the City Council would amend Title 8, Chapter 4, Section 8 of the City Code related to the Designation of Collection Site; Collection Agent. Language is being added to make it clear that property owners are responsible to clear snow and ice around trash receptacles so that the trash can be properly and safely collected. Livability Benefits: Built Environment: Enhance Public Spaces Background: Staff discussed the need to modify portions of the City Code related to snow and ice issues during the February 18, 2019 City Council meeting. At that time, City Council acknowledged the challenges and operational issues impacting trash collections when snow and ice is not cleared around trash receptacles. Summary: Last winter many businesses did not clear snow around their trash receptacles making it impossible for the trash to be collected. As a result there were numerous sites where trash was overflowing the receptacles causing a potential health issue. The proposed ordinance would make it clear that it is the property owner’s responsibility to clear snow and ice from and around the trash receptacles. Legislative History: Staff discussed the proposed code modifications at the City Council Meeting on February 18, 2019 Attachments: Ordinance 17-O-19 Memorandum 293 of 611 2/26/2019 4/10/2019 17-O-19 AN ORDINANCE Amending Portions of City Code Title 8, “Health and Sanitation”, Chapter 4 “Municipal Solid Waste”, Section 8 “Designation of Collection Site; Collection Agent” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Subsection 8-4-8, “Health and Sanitation”, of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 8-4-8. - DESIGNATION OF COLLECTION SITE; COLLECTION AGENT. (A) Every building, establishment, institution or premises shall contain a designated refuse collection site which meets the standards of convenience and health and safety published by the Director of Public Works or the City Manager or his/her designee(s) with the advice of the various City departments involved in ensuring public health and safety. This requirement shall be applicable to all construction sites and remodeling projects. (B) Each premises occupied or used as a multi-family residential unit, business, or commercial purpose shall designate one individual who shall at all times be responsible for all requirements under this Chapter. (C) Each property owner is responsible for the clearing of snow and ice from trash receptacles. All trash receptacles must be accessible for pick-up. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 294 of 611 17-O-19 ~2~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: Ordinance 17-O-19 shall be in full force and effect after its passage and approval. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 295 of 611 For City Council meeting of April 22, 2019 Item A19 Ordinance 39-O-19: Special Assessment Procedures for Alley Improvements For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Chris Venatta, P.E., Senior Project Manager Subject: Ordinance 39-O-19, Special Assessment Procedures for Alley Improvements Date: April 22, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 39-O-19 by which the City Council would amend Title 7, Chapter 15, Section 7 of the City Code related to the Special Assessment procedures for alley improvements. Livability Benefits: Built Environment: enhance public spaces Background: Staff discussed the Special Assessment procedure for alley improvements at the February 18, 2019 City Council meeting. At that time, City Council confirmed that the current procedure of sharing the cost between the City and abutting property owners would remain at a 50/50 split. Staff also discussed the potential of allowing property owners to pay 100% of the alley improvement. City Council directed staff to document a procedure for further consideration of this process. Summary: Ordinance 39-O-19 establishes a procedure in which residents may accelerate the timeline for the Special Assessment process by paying 100% of the construction costs. A supermajority of at least 80% of property owners must sign a petition in favor of the alley improvement to commence the process. This method will assess all property owners abutting the alley their share of 100% of construction costs. Once the petition is accepted by the Board of Local Improvements, the construction of the alley will be added to the following construction season. This work will be in addition to currently programmed capital improvements and will not replace any projects such as the standard 50/50 alley improvement or any CDBG alley improvement projects. Due to the public benefit associated with improved alleys and that the design, construction Memorandum 296 of 611 oversight, and legal work are performed by City staff, legal and engineering fees are proposed to be waived. Additionally, the current City Code allows residents to have the option to pay for a standard alley improvement or a porous pavement alternative which is typically 20% more expensive. Taking direction from the City’s Climate Action and Resilience Plan, Ordinance 39-O-19 will modify the City Code such that staff would make the recommendation based on engineering feasibility whether or not a porous alley shall be constructed. Any additional costs associated with the porous alley construction will be paid for by funds allocated for green infrastructure improvements in the Sewer Fund. Ordinance 39-O-12 also makes changes to the City Code to reflect processes already in place with the Board of Local Improvements. These changes include: updating titles of board members, setting the interest rate for Special Assessment processes, and establishing the legal and engineering fees. Legislative History: Ordinance 11-O-12 was enacted on April 10, 2012 establishing Title 7, Chapter 15, Section 7 of the City Code. Staff discussed the Special Assessment procedure for alley improvements at the February 18, 2019 City Council Meeting. Attachments: Ordinance 39-O-19 297 of 611 4/10/2019 39-O-19 AN ORDINANCE Amending Portions of City Code Title 7, “Public Ways”, Chapter 15 “Board of Local Improvements” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Subsection 7-15-1, “Establishment; Meetings”, of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 7-15-1. – ESTABLISHMENT; MEETINGS. The Board of Local Improvements will meet at such times as it may determine, or upon call of the President, and has the powers and duties granted to it by 65 ILCS 5/9- 2-1, et seq., as amended. The Board of Local Improvements consists of six (6) members. The Director of the Public Works Agency is the President of the Board of Local Improvements. The other members of the Board are: the Public Services Bureau Chief of Infrastructure Maintenance, the Sewer Supervisor, the Superintendent of Special Assessments, the City Engineer, and the City Clerk. SECTION 2: City Code Subsection 7-15-7, “Alley Paving Improvements”, of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 7-15-7. - ALLEY PAVING IMPROVEMENTS. (A) Impermeable alley. Alley Improvements: The owners of at least fifty-one percent (51%) of the property abutting any unimproved alley or portion thereof, may petition the City for construction of an impermeable concrete pavement alley and related storm 298 of 611 39-O-19 ~2~ sewer and drainage improvements for the alley thereon. This type of alley is automatically selected, unless the owners specifically request the installation of permeable pavement. Such petition shall be filed with the City Manager or his/her designee. When the Board of Local Improvements receives a petition to pave an alley within the City, the Board of Local Improvements will follow the special assessment procedure established in the Illinois Municipal Code, 65 ILCS 5/9-32-1/et seq. for the petition to pave the alley. If the impermeable alley paving improvement is confirmed by the Cook County Circuit Court in accordance with the state statue, the City will pay fifty percent (50%) of the project cost with the property owners paying the remaining fifty percent (50%) annually over a ten (10) year period. The project cost will be established by an estimate of cost issued by the City Engineer plus an additional four and one half percent (4.5%) of the total estimated cost for engineering services and an additional four and one half percent (4.5%) of the total estimate cost for legal services. The property owner may elect to pay his/her share of the project cost as a lump sum or annually over a ten (10) year period including interest. The interest will be no more than two percent (2%) above the ten (10) year United States Treasury note yield as determined by the City’s Chief Financial Officer or his/her designee on the first day of the calendar year for the year in which the assessment is approved at a public hearing. (B) Permeable alley: The owners of at least 51% of the property abutting any unimproved alley or portion thereof, may opt to petition the City for the construction of permeable pavement for the ally thereon (“Green Alley”). The Green Alley petition shall be filed with the City Manager or his/her designee. When the Board of Local Improvements will follow the special assessment procedure established in the Illinois Municipal Code, 65 ILCS 5/9-3-1/et seq. for the petition to pave the alley. If the Green Alley paving improvements is confirmed by the Cook County Circuit Court in accordance with the state statue, the City will pay fifty percent (50%) of the project cost with the property owners paying the remaining fifty percent (50%) annually over a 10-year period. (B) In locations where the soil type is conducive to green infrastructure the City may design and construct the alley with porous pavement. Any additional costs associated with the porous pavement will be paid for by the Sewer Fund allocated for green infrastructure. (C) The assessment cost attributable to each property owner is based on the unit cost method, unless a more equitable alternative method is appropriate and approved by the Board of Local Improvements and approved by a majority (at least 51%) of the property owners abutting the subject alley. Votes by the property owners shall be weighted by the value of the assessment cost attributable to their property. 299 of 611 39-O-19 ~3~ (D) The Board of Local Improvements may initiate alley paving improvement projects within the City. The acceptance of a petition by the Board of Local Improvements is also conditioned on the soil condition of the subject alley. (D) If the owners of at least eighty percent (80%) of the properties abutting any unimproved alley or portion thereof, petition the City with the intent to pay one hundred percent (100%) of the estimated cost of the alley construction, the petition will be accepted by the Board of Local Improvements and the construction of the alley will take place in the following construction season. This project will be in addition to the Alley Improvements as stated in paragraph A and will not replace any planned City projects. The cost per unit will not include engineering or legal fees when property owners are paying one hundred percent (100%) of the construction costs. 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: Ordinance 39-O-19 shall be in full force and effect after its passage and approval. 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. 300 of 611 39-O-19 ~4~ Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 301 of 611 For City Council meeting of April 22, 2019 Item A20 Ordinance 43-O-19: Erosion and Sediment Controls for Construction Sites For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Subject: Ordinance 43-O-19, Adding Regulations to the City Code to Address Erosion and Sediment Controls for Construction Sites Date: April 15, 2019 Recommended Action: Staff recommends the adoption of proposed ordinance 43-O-19 by which the City Council would add Chapter 23 “Erosion and Sediment Controls on Construction Sites” to Title 4 “Building Regulations”. Livability Benefits: Built Environment: Manage Water Resources Responsibly Background: The City has a Municipal Separate Storm Sewer Systems (MS4) permit from the Illinois Environmental Protection Agency. This permit requires that City to have a Stormwater Management Plan to protect water quality and reduce the discharge of pollutants from the stormwater sewer system. The permit is the local enforcement mechanism of the U.S. EPA’s National Pollutant Discharge Elimination System (NPDES) Phase II Rule. The plan outlines a program of best management practices for six areas, one of which is construction site stormwater runoff control. Summary: In 2010, staff crafted an Erosion and Sediment Control Policy for construction sites and required developers to adhere to the policy. The MS4 permit requires that the construction site stormwater runoff control be enforced by an ordinance, not a policy. Memorandum 302 of 611 As stated in the ordinance, the purposes of this chapter are to: •Reduce the frequency and severity of the discharge of pollutant laden combined storm water runoff into waterways; •Enhance and help protect the public health and safety; and •Be consistent with the Cook County storm water management plan. Attachments: Ordinance 43-O-19 303 of 611 4/15/2019 43-O-19 AN ORDINANCE Adding Regulations to the City Code to Address Erosion and Sediment Controls for Construction Sites BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Title 4, “Building Regulations” is amended to add a new Chapter 23 entitled “Erosion and Sediment Controls on Construction Sites” to the Evanston City Code of 2012, as amended, and the new Chapter shall read as follows: CHAPTER 23 – EROSION AND SEDIMENT ON CONSTRUCTION SITES 4-23-1. – PURPOSES. The purposes for this chapter are to: a)Reduce the frequency and severity of the discharge of pollutant laden combined storm water runoff into waterways; b)Enhance and help protect the public health and safety; and c) Be consistent with the Cook County storm water management plan, as approved and the latest revision thereof. 4-23-2. – OTHER AGENCY REQUIREMENTS. All work related to this chapter shall be done in accordance with all other federal, state, county or regional agencies having jurisdiction, including, but not limited to, the U.S. Army Corps of Engineers (“USACE”), U.S. Environmental Protection Agency (“USEPA”), Illinois Department of Natural Resources (“IDNR”), Illinois Environmental Protection Agency (“IEPA”), and Metropolitan Water Reclamation District of Greater Chicago (“MWRDGC”). 4-23-3. – EROSION AND SEDIMENT CONTROL REQUIREMENTS. 4-23-3-1. – DEVELOPMENTS REQUIRING EROSION AND SEDIMENT CONTROL. All new development sites within the City limits with site disturbance during construction shall provide the following erosion and sediment control best management practices (BMPs): 304 of 611 43-O-19 ~2~ a.Preconstruction photos of surrounding public right of way (streets, alleys, sidewalk, parkways, etc.); b.Stabilized construction entrance; c. Inlet protection filters; d.Silt fences; e.Sediment traps; f.Compaction control; and g.Good housekeeping. Projects disturbing over 5,000 square feet of a site will be required to submit control plans as described in the following. Additionally, sites larger than 1 acre may also be subject to regulation by Cook County. 4-23-4. – EROSION AND SEDIMENT CONTROL INITIAL SITE PLANNING. Erosion and sediment control planning shall be part of the initial site planning process. (A) In planning and development of the site, the applicant shall consider the sensitivity of existing soils to erosion and topographical features, such as steep slopes, which must be protected to reduce the amount of erosion and sediment which occurs. Where appropriate, existing vegetation shall be protected from disturbance during construction by fencing or other means. (B) For projects that involve phased construction, existing land cover for those areas not under current development shall be addressed. If existing land cover does not consist of appropriate dense vegetation, then these phases shall be planted temporarily to reduce erosion from idle land. (C) In planning the erosion and sediment control strategy, preference shall be given to reducing erosion rather than controlling sediment. In order to accomplish this, the plan must carefully consider the construction sequence of the phases so that the amount of land area exposed to erosive forces is minimized and allow for completing construction in a timely manner. 4-23-5. – DESIGN STANDARDS AND FEATURES. An erosion and sediment control plan for developments with site disturbance over 5,000 square feet must be submitted and approved prior to the issuance of the building permit. The plan must include the following features: (A) Standards and specifications for erosion and sediment control measures, which shall be in accordance with the Illinois Urban Manual (current edition) and other recognized best management practices (BMPs). (B) The runoff from disturbed areas shall not leave the site without first passing through sediment control measures or devices. This requirement shall apply to all phases of construction and shall include an ongoing process of implementation of measures and maintenance of those measures during both the construction season and any construction shutdown periods. 305 of 611 43-O-19 ~3~ (C) The condition of the construction site for winter shutdown shall be addressed early in the fall growing season so that slopes and other bare earth areas may be stabilized with temporary and /or permanent vegetative cover for proper erosion and sediment control. All open areas that are to remain idle throughout the winter shall receive temporary erosion control measures including temporary seeding, mulching and/or erosion control blanket prior to the end of the fall growing season. The areas to be worked beyond the end of the growing season must incorporate soil stabilization measures that do not rely on vegetative cover such as erosion control blanket and heavy mulching. (D) The perimeter sediment control measures shall be installed and functioning prior to soil disturbance. (E) The erosion and sediment control plan shall designate a series of practices which shall be implemented either at the direction of the applicant or the applicant’s representative onsite or at the direction of the Public Works Director, should an inspection of the site indicate a deficiency in soil and sediment erosion control measures. At a minimum, the following measures shall be established: a.Preconstruction photos of surrounding public right of way (streets, alleys, sidewalk, parkways, etc.); b.Stabilized construction entrance and truck washout areas; c. Sediment traps; d.Inlet protection filters; e.Silt fences; f.Compaction control; g.Temporary seeding ; h.Mulching; i.Erosion control blankets; and j.Dust control watering. (F) The permanent erosion control measures shall be initiated within seven days following the completion of soil disturbing activities. 4-23-6. – EROSION AND SEDIMENT CONTROL PLANS. Erosion and sediment control plans shall incorporate the following items: (A) Detailed construction phasing plan identifying erosion and sediment control measures to be in place for each phase. (B) Erosion and sediment control measures to be installed initially prior to stripping existing vegetation or mass grading. (C) Methods for conveying flows through the sire during construction. These methods must include the temporary and permanent stabilization measures to be used to reduce velocity and erosion from flow through the construction zone. 306 of 611 43-O-19 ~4~ (D) A maintenance schedule for each measure used. At a minimum, all erosion and sediment control measures onsite shall be inspected weekly or after a one-half inch or greater rainfall event. (E) Identification of sensitive areas and any areas that require buffers. 4-23-7. – PERMANENT STABILIZATION PLAN. Permanent stabilization measures shall be indicated on separate landscaping plans. 4-23-8. – CONSTRUCTION PHASE REQUIREMENTS. During construction, the following erosion and sediment control measures shall be undertaken: (A) If a stockpile is to remain in place for more than two (2) days, perimeter sediment controls shall be provided around the stock pile. The stockpile shall be covered with a tarp to prevent wind erosion. (B) Storm sewer inlets shall be protected with sediment trapping and/or filter control devices during construction. (C) Water pumped, or otherwise discharged, from the site during construction dewatering shall be filtered and a means provided to reduce erosion. (D) Graveled roads, access drives, parking areas of sufficient width and length and vehicle wash-down facilities shall be provided to prevent soil from being tracked onto public or private roadways or alleys. Any soil tracked onto a public or private roadway or alley shall be removed before the end of each workday or sooner as directed by the City. (E) All waste generated as a result of site development, including but not limited to, any building waste, concrete truck washout, chemicals, litter, sanitary waste, or any other waste shall be properly disposed of and shall be prevented from being transported off-site by either wind or water. 4-23-9. – CITY REVIEW AND INSPECTION. 4-23-9-1. – REVIEWS. The City shall review all elements of the erosion and sediment control plan that are submitted by the applicant for the proposed development. The City may meet with the applicant to discuss the proposed erosion and sediment control plan and/or prepare written review comments regarding the applicant’s submittal when the submittal has not satisfied all appropriate provisions of this chapter. The applicant shall respond to the City’s review comments and perform the necessary change s, then submit the revised documents for further review by the City. This process of submittals, review, and revisions shall continue until all provisions of this chapter are met to the satisfaction of the City. The applicant shall not receive a building permit for the proposed development until all provisions of this chapter are met. 307 of 611 43-O-19 ~5~ 4-23-9-2. – INSPECTION DURING CONSTRUCTION. The City may inspect the applicant’s erosion and sediment control measures during the construction to ascertain whether the applicant is implementing and maintaining the control measures in accordance with the approved plan. Any deficiencies shall be corrected by the applicant within three calendar days at his/her expense, to keep these measures functional as designed. 4-23-10. – ENFORCEMENT OF REGULATIONS. The Director of Public Works or his/her designee(s) shall have full police powers to issue complaints, citations, notices to appear, and summonses for the violation of any provision of this Chapter. SECTION 2: 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 3: Ordinance 43-O-19 shall be in full force and effect after its passage and approval. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor 308 of 611 43-O-19 ~6~ Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 309 of 611 For City Council meeting of April 22, 2019 Item A21 Ordinance 33-O-19: Amending Portions of City Code Title 4, Chapter 20 For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Subject: Ordinance 33-O-19, Amending a Definition within Title 4, Chapter 20 that Addresses the Frequency of Heavy Precipitation Events Date: April 11, 2019 Recommended Action: Staff recommends the adoption of proposed ordinance 33-O-19 by which the City Council would amend Title 4, Chapter 20, related to the definition of Bulletin 70, a document published by the Illinois State Water Survey regarding the frequency distributions of heavy precipitation in Illinois. Livability Benefits: Built Environment: enhance public spaces Background: In 2017 the City Council adopted an ordinance establishing regulations for storm water control at developments. Some of the purposes of these regulations are to: reduce the damaging effects caused by the uncontrolled release of storm water runoff from developments; preserve the capacity and useful life of the city sewer system; and be consistent with the Cook County storm water management plan. Bulletin 70 defines the amount of rainfall that has the probability of occurring over different time periods. This quantity of storm water is used to determine the volume of storm water required to be detained at the development site. Summary: Due to climate change, the amount of rainfall that occurs within different time periods has changed from when Bulletin 70 was last updated in 1989. The Illinois State Water Survey updated Bulletin 70 in March 2019 with new rainfall information. Title 4, Chapter 20 “Storm Water Control” of the City Code defines Bulletin 70 in the definitions, and this definition needs to be updated to reference the current edition of Bulletin 70. Attachments: Ordinance 33-0-19 Memorandum 310 of 611 4/2/2019 33-O-19 AN ORDINANCE Amending a Definition within Title 4, Chapter 20 that Addresses the Frequency of Heavy Precipitation Events based on a Recent Illinois State Water Survey BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Subsection 4-20-1 of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: 4-20-1. - DEFINITIONS. BULLETIN 70: A publication entitled “Frequency Distributions and Hydroclimatic Characteristics of Heavy Precipitation in Illinois,” by Floyd A. Huff and James R. Angel, as published by the Illinois State Water Survey, Champaign, Illinois, 1989 2019. The magnitudes of rainfall events having storm durations of twenty four (24) hours and frequencies from two (2) to one hundred (100) years are found in table 13 of said publication and are adopted by the city to be used by applicants for calculations necessary for compliance with this chapter. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. 311 of 611 33-O-19 ~2~ SECTION 4: Ordinance 33-O-19 shall be in full force and effect after its passage and approval. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 312 of 611 For City Council meeting of April 22, 2019 Item A22 Resolution 44-R-19, Amending Unabated Debt Limit For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hitesh Desai, Chief Financial Officer Subject: Resolution 44-R-19, Amending Unabated Debt Limit to $160,000,000 Date: April 22, 2019 Recommended Action: Staff recommends City Council adoption of Resolution 44-R-19 amending the City of Evanston Budget Policy to state that Tax Supported General Obligation Debt shall not exceed $160,000,000 in aggregate principal amount. Livability Benefits: Innovation & Process: Support Local Government Practices and Processes Summary: On April 8, 2019, City Council passed Resolution 35-R-19 amending the City’s self- imposed debt limit from $150,000,000 to $152,000,000. This is a self-imposed limit, as Illinois state law does not have set limits on debt for home rule municipalities. This number was chosen with the anticipation that the City would be in compliance with the policy as of December 31, 2019, after the proposed 2019A&B bonds were issued and the December 1, 2019 principal debt service payments were made. Upon further review, it is the opinion of bond counsel that the debt limit should be set so that the City is in compliance on the day that the 2019A&B bonds are issued and not as of year-end. The City’s unabated principal debt after the proposed issue of 2019A&B is projected to be $157,160,872. In order to be compliant with this amount, staff is recommending increasing the debt limit to $160,000,000. This allows for any unexpected issuance structure that is different than the current projected principal amount. The City’s unabated principal debt after the December 1, 2019 payment will be approximately $150 million. Memorandum 313 of 611 A summary of the City’s current unabated principal debt and the impact of the proposed G.O. bond issuance are provided in the table below. These numbers have changed slightly from the April 8 City Council meeting as a result of updated financing projections. Unabated debt is debt that is paid for by the property tax levy. Abated debt is paid from other sources, including enterprise funds or TIF Funds. Unabated General Obligation Debt Unabated Principal as of 01/01/2019 $ 134,525,872 Proposed 2019 A&B Bonds – unabated principal $ 22,635,000 Total Unabated Debt as of May 31, 2019 $ 157,160,872 2019 payment (unabated principal only) $ ( 7,219,250) Total Unabated Debt as of December 31, 2019 $ 149,941,622 From the proposed 2019 A&B bond issues, the amounts for the Robert Crown Center Project, general CIP projects, and library projects are considered unabated. The projects supported by Water and Sewer Fund are considered abated. Attachments: Resolution 44-R-19 314 of 611 4/17/2019 44-R-19 A RESOLUTION Amending the City of Evanston Budget Policy WHEREAS, the City of Evanston, Cook County, Illinois (the "City") has adopted a Budget Policy (the "Budget Policy") pursuant to the proceedings of December 18, 2000; and WHEREAS, a paragraph of the Budget Policy, relating to the Debt Service Fund, must be amended to accommodate current needs of the City and the recommendations of the City's bond counsel; and WHEREAS, on April 8, 2019, the City Council adopted Resolution 35-R- 19, amending the City of Evanston Budget Policy to state that the Tax Supported General Obligation debt shall not exceed $152,000,000; and WHEREAS, upon further consideration and recommendations of the City’s bond counsel, the Tax Supported General Obligation debt limit must be increased from the approved amount in Resolution 35-R-19 from $152,000,000 to $160,000,000, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The Budget Policy is hereby amended to read as follows: Debt Service Fund. General Obligation Debt of the City means debt (viz., bonds) for which an unlimited real property tax levy is made or pledged for payment. General Obligation Debt shall be allocated into two categories. Self- Supporting General Obligation Debt shall mean General Obligation Debt which, at the time of issuance, is expected and intended by the Treasurer to be payable out of a source of funds other than the City’s general real property tax levy, thus permitting the abatement and avoidance of the property tax levy to pay such bonds; examples of Self Supporting General Obligation Debt include (without limitation) bonds payable from the Water Fund or the Sewer Fund, bonds 315 of 611 44-R-19 ~2~ payable from special assessments, bonds payable from tax increment financing areas, and bonds payable from Motor Fuel Taxes. Tax Supported General Obligation Debt shall mean all other General Obligation Debt, which is expected and intended to be paid from a general real property tax levy. General Obligation Debt shall not include any obligation of the City not denominated a bond, including, without limitation, short term notes or warrants or other obligations which the City may issue from time to time for various purposes and to come due within three (3) years of issuance. General Obligation Debt does not include bonds which have been refunded or decreased and which, as a consequence of same, are provided for from a dedicated source of funds or investments. Self- Supporting General Obligation Debt shall not be limited by this Budget Policy. Tax Supported General Obligation Debt shall not exceed $150,000,000 $160,000,000 in aggregate principal amount, which limit is expressly subject to increase from time to time by action of the City Council as the needs of the City may grow. General Obligation Debt issued as so-called zero coupon bonds or capital appreciation bonds shall be counted as debt in the original principal amount issued. The Treasurer shall at all times keep a book or record of all General Obligation Debt and its proper allocation. The Treasurer’s statements as to the allocation of General Obligation Debt into these two categories shall be conclusive. Notwithstanding this statement of policy, all bonds or other obligations by whatever name designated of the City duly authorized to be issued by the City Council shall be valid and legally binding as against the City, and there shall be no defense of the City as against any bondholder or other obligation holder on the basis of this policy. SECTION 2: This resolution shall be effective immediately, and the Budget Policy shall be accordingly restated. SECTION 3: This resolution may only be amended by subsequent resolution or ordinance as adopted by the City Council. This resolution and the debt limit stated herein supersedes the previously authorized resolution referenced in the recitals, 35-R-19. SECTION 4: All motions, resolutions and orders, or parts thereof, in conflict herewith, are, to the extent of such conflict, hereby repealed. 316 of 611 44-R-19 ~3~ _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Adopted: __________________, 2019 Approved to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 317 of 611 For City Council meeting of April 22, 2019 Item A23 Ordinance 27-O-19, 2019 A&B General Obligation Bond Issues For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Hitesh Desai, Chief Financial Officer Subject: Ordinance 27-O-19, Authorizing 2019 A&B General Obligation Bonds Date: April 22, 2019 Recommended Action: Staff recommends adoption of Ordinance 27-O-19 providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. The ordinance was introduced at the City Council meeting on April 8, 2019. The final terms of the bonds will be approved by the Designated Officers under the ordinance after the bond sale, which is scheduled for May 16, 2019, by completion of the bond order as authorized by the bond ordinance. Funding Source: The debt service for 2019A Bonds will be paid out from various sources including funds raised by Friends of Robert Crown and a variety of existing or new revenue sources including the tax levy. The debt service for 2019B bonds will be paid out of the future tax levy as well as Water Fund and Sewer Fund revenues as these bonds are issued to provide the funding for the general capital improvements, library improvements, and water and sewer infrastructure projects. Memorandum 318 of 611 Livability Benefits: Innovation & Process: Support Local Government Practices and Processes Summary: Staff recommends adoption of Ordinance 27-O-19 for the 2019 A&B bond issues. As in previous years, the City uses a parameters ordinance that provides a not-to-exceed limit for the bonds set at $18,000,000 for the 2018A issue and $18,000,000 for the 2018B issue. This allows for any favorable issuance structure that is slightly different than the par amount desired. The City plans to receive $15,000,000 in project funds for the 2019A issue and $15,000,000 in project funds for the 2019B issue. The final amount of bonds issued may vary based on the actual bid responses. 2019A Issue – Robert Crown Center The 2019A General Obligation Bond funds will be used to fund the Robert Crown Community Center, Ice Complex, and Library Project. The City plans to receive $15,000,000 in bond proceeds to be used for construction costs on the project. The Friends of Robert Crown will give a donation of $5 million prior to June 2019 for construction costs on the project, with an additional $1 million to be received prior to March 2020. In 2018, the City issued approximately $25 million in G.O. bonds for the project. The total amount of bonds issued for the project in the 2018 and 2019 issues is $40,000,000. The City held a Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) hearing on June 25, 2018 for the amount of not to exceed $50,000,000 in General Obligation Bonds for the purpose of the Robert Crown Center Project. This hearing was required as a part of issuing the bonds as 501(c)(3) bonds, which allows the City-owned center to be used by 501(c)(3) organizations, including sports and community programming groups. Because the total with the 2019A issue falls within this $50,000,000, no additional TEFRA hearing is required for the 2019A issue. As a response to discussion at the April 8, 2019 City Council meeting, staff prepared a report on M/W/EBE & LEP hiring for the Robert Crown Project, which is included as Attachment 1 to this memo. 2019B Issue The 2019B General Obligation Bond funds will be used for general capital projects, library improvements and water and sewer infrastructure projects. A summary of the amounts per project area is shown in the table below, with the full project list included in Attachment 1. The City expects to receive $15,000,000 in project funds from the 2019B issue. 319 of 611 2019B Bond Summary Major Projects $ 1,000,000 Other Transportation $ 3,951,000 Parks $ 1,045,000 Facilities $ 2,715,000 Miscellaneous $ 524,000 TOTAL 2019 General Capital Projects $ 9,235,000 Library Fund $ 1,835,000 Water Fund $ 2,930,000 Sewer Fund $ 1,000,000 TOTAL 2019B GO Bonds $ 15,000,000 Capital Improvement Program The FY 2019 Capital Improvement Program (CIP) contains a detailed list of projects funded by general obligation bonds, and based on revised estimates the specific project funding is listed as Attachment 1 to this report. Library Fund The 2019B bond issue includes $1,835,000 in general obligation debt for Library projects as detailed in Attachment 2. This includes $1,250,000 for the library branch at the new Robert Crown Center. The library issued $1,250,000 in bonds for this branch in 2018, and this 2019 bond is the final amount to be issued by the library towards the project. Water Fund The 2019B bond issue includes $2,930,000 in general obligation debt for water infrastructure projects. The debt service on these bonds will not impact the general tax levy as principal and interest will be abated by payments from the Water Fund each year. Sewer Fund The 2019B bond issue includes $1,000,000 in general obligation debt for sewer infrastructure work at the Crown Center site. The debt service on these bonds will not impact the general tax levy as principal and interest will be abated by payments from the Sewer Fund each year. Debt Limit A summary of the City’s current unabated principal debt and the impact of the proposed G.O. bond issuance are provided in the table below. These numbers have changed slightly from the April 8 City Council meeting as a result of updated financing 320 of 611 projections. Unabated debt is debt that is paid for by the property tax levy. Abated debt is paid from other sources, including enterprise funds or TIF Funds. Unabated General Obligation Debt Unabated Principal as of 01/01/2019 $ 134,525,872 Proposed 2019 A&B Bonds – unabated principal $ 22,635,000 Total Unabated Debt $ 157,160,872 2019 payment (unabated principal only) $ ( 7,219,250) Total Unabated Debt as of December 31, 2019 $ 149,941,622 From the proposed 2019 A&B bond issues, the amounts for the Robert Crown Center Project, general CIP projects, and library projects are considered unabated. The amounts for the Water and Sewer Fund projects that will be supported by those funds are considered abated. The City’s unabated General Obligation debt limit was increased to $152,000,000 in aggregate principal amount by Resolution 35-R-19 on April 8, 2019. This is being revised with Resolution 44-R-19 to $160,000,000 to ensure compliance from the date of issuance. This allows for any unexpected issuance structure that is different than the current projected principal amount. This is a self-imposed limit, as Illinois state law does not have set limits on debt for home rule municipalities. Staff plans to return to the City Council at its December 9, 2019 City Council meeting with additional amendments to the budget policy reducing the debt limit back to $152 million and add language indicating that this limit is measured with outstanding indebtedness annually on December 31. Attachments 1. Robert Crown Community Center – M/W/EBE & LEP Reporting 2. List of 2019 Debt Funded CIP Projects 3. 2019 Bond Ordinance 27-O-19 4. Preliminary Official Statement for 2019 Bonds 321 of 611 Robert Crown Community Center Contractor : Bully and Andrews (B&A) MWEBE & LEP reporting as of 04/08/2019 Bid Category Existing Conditions Wreckon $210,000 --$210,000 $210,000 Concrete Elliott Constr 2,868,200 527,000 -428,250 955,250 Masonry Iwanski Masonry 2,238,000 492,360 --492,360 Metals Amer. Steel 305,000 -305,000 -305,000 Wood /Plastics/Comp Art Magic 430,000 -126,420 -126,420 Thermal & Moisture Pine Waterproof 56,000 56,000 -56,000 Metal Masters 260,000 62,400 10,400 -72,800 Olsson Roofing 540,000 100,000 --100,000 LB Hall 378,684 378,684 -378,684 Finishes Bourbon Tile 198,000 -198,000 -198,000 Central Rug & Tile 894,000 --894,000 894,000 Equipment Carroll Seating 179,000 30,430 --30,430 Special Construction Ice Builders 1,828,000 --96,000 96,000 Plumbing Triton Plumbing 965,000 106,150 --106,150 HVAC Air Design Sys 3,568,000 -3,568,000 -3,568,000 Electrical Gurtz 3,697,000 369,700 554,550 110,910 1,035,160 Earthwork Revcon 907,000 36,280 -226,750 263,030 Exterior Improvements Martin Cement 916,858 --284,226 284,226 Total Cost (MWEBE reporting)$20,438,742 $2,103,004 $4,818,370 $2,250,136 $9,171,510 Total Contract $37,342,536 5.62%12.87%6.01% Overall % MWEBE Award to Date 24.50% Note: 1. B&A's Evanston spending outside the project at $574,224 with Evanston Lumber & Hanson roofing Local Employment Program (LEP) B&A Payroll Week Ending Payroll No.Total Work Hrs Evanston Resident Hours 2/10/2019 30.00 83.00 43.00 2/17/2019 31.00 84.00 44.00 2/24/2019 32.00 84.50 44.50 3/3/2019 33.00 91.00 43.00 Total Hours 342.50 174.50 B&A Total Hours to Date 2,511.50 1,106.50 44% 23,080 1,593 6.90% Note: 1. Overall project hours of 1,593 inlcudes B&A (1,106) and Everest Excavating (487) 2. Average overtime for Evanston Resident is 9-12 hours 3. Overall 4 residents on this project and 1 resident on other B&A project. EBE Cost Total Overall Project Hours including LEP Sub Contractor Contract Award Amt MBE Cost WBE Cost 322 of 611 City of Evanston 2019 Adopted Capital Improvement Program Project Title FY 2019 GO Bond MAJOR PROJECTS Main Street, McDaniel to Hartrey - Engr Svcs 100,000$ Main Street, McDaniel to Hartrey - Const 900,000$ TOTAL STREETS, SEWER, WATER MAIN PROJECTS 1,000,000$ OTHER TRANSPORTATION Major Projects Bridge Inspection 10,000$ Central Street Bridge Engr, Phase III 60,000$ Central Street Bridge Construction 500,000$ Ridge Avenue Signal Study 175,000$ Traffic Signals - Emerson @ Maple/Elgin/Benson/Dodge - Const 1,250,000$ Traffic Signals - Emerson @ Maple/Elgin/Benson/Dodge - Engr Svcs 56,000$ Annual Projects General Phase I Engineering 20,000$ Street Impr Program (Lighting, Pavement Marking)210,000$ Street Patching Program 600,000$ Street Rejunvenation Pilot 100,000$ Tallmadge Light Pole Mold Creation 70,000$ Traffic Calming, Bicycle and Ped Improvements 300,000$ Viaduct Improvement - Emerson/Ridge/GB 350,000$ Alley Improvements North of Simpson, East of McDaniel 250,000$ TOTAL TRANSPORTATION PROJECTS 3,951,000$ PARKS Garden Park - Const 500,000$ Lovelace Park - Tennis Court Rehab 250,000$ McCullogh Park - Design Engr Svcs 100,000$ Misc Park Improvements (Ackerman/Harbert/Cartwright)120,000$ Parks Contingency 75,000$ TOTAL PARKS PROJECTS 1,045,000$ Attachment 2 323 of 611 City of Evanston 2019 Adopted Capital Improvement Program Project Title FY 2019 GO Bond FACILITIES Chander - Electrical/HVAC - Engr Svcs Chandler - Fire Panel Replacement 30,000$ Chandler - HVAC Improvements - Constr 530,000$ Chandler - Roof Replacement 225,000$ Civic Center - HVAC Improvements - Design Engr Svcs 250,000$ Energy Efficiency Improvements 50,000$ Facilities Contingency 45,000$ Fire Station 1&4 - Bunkroom Improvements 150,000$ Fire Station 2 - Emergency Generator Rehabilitation 50,000$ Fire Station 3 - HVAC Improvements 75,000$ Levy - BAS Upgrade 30,000$ Levy - HVAC Improvements - Constr 350,000$ Levy/Police Fire HQ - HVAC Improvements - Engr Svcs 40,000$ Noyes - HVAC Study 100,000$ Police Fire HQ - Emergency Generator Replacement 160,000$ Police Fire HQ - HVAC Improvements (RTU 1)250,000$ Service Center - HVAC Study (Bldgs A & D)125,000$ TOTAL FACILITIES PROJECTS 2,460,000$ MISCELLANEOUS Emergency Siren System Replacement 175,000$ IT - Network Switch Reliability 78,000$ Public Art 26,000$ In-House Engineering Services 500,000$ TOTAL MISCELLANEOUS PROJECTS 779,000$ LIBRARY Main Library - Building Electrical Upgrades 70,000$ Main Library - Building Life Safety Upgrades (Audio)125,000$ Main Library - Building Ventilation Upgrades 50,000$ Main Library - Building Fire System Upgrades (code required)160,000$ Main Library - Building HVAC/Storm Pump Upgrade 70,000$ Main Library - Building Lift Equipment Upgrades (elevators)50,000$ Main Library - Building Interiors/Exteriors (paint, trees, roof maint)30,000$ North Branch - North Branch Building Plumbing Upgrades 10,000$ North Branch - Life Safety Upgrades 20,000$ Contribution to Robert Crown Community Center Library 1,250,000$ TOTAL LIBRARY PROJECTS 1,835,000$ Attachment 2 324 of 611 City of Evanston 2019 Adopted Capital Improvement Program Project Title FY 2019 GO Bond WATER FUND Main Street, Maple to Hinman Design Engr Ph I/II 120,000$ WM - Isabella, Prairie to Green Bay Road 330,000$ WM - Emerson, Dodge to Ashland 800,000$ WM - Hartrey, Dobson to Brummel 100,000$ WM - Hartrey, Main to Washington 420,000$ WM - Cowper, Harrison to Central 470,000$ WM - Lincolnwood, Park Place to Isabella 450,000$ WM - Payne, Darrow to Dewey 240,000$ TOTAL WATER PROJECTS 2,930,000$ SEWER FUND Sewer - Robert Crown Stormwater Detention 1,000,000$ TOTAL SEWER PROJECTS 1,000,000$ SUMMARY FY 2019 GO Bond Major Projects 1,000,000$ Other Transportation 3,951,000$ Parks 1,045,000$ Facilities 2,460,000$ Miscellaneous 779,000$ TOTAL 2019 City Projects 9,235,000$ Library Fund 1,835,000$ Water Fund 2,930,000$ Sewer Fund 1,000,000$ TOTAL 2019 CIP 15,000,000$ Attachment 2 325 of 611 3. bond ordinance - parameters 4834-3245-4025 v5 2270718 ORDINANCE NUMBER 27-O-19 AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. 326 of 611 -2- Introduced on the 8th day of April, 2019. Adopted by the City Council on the 22nd day of April, 2019. Published in Pamphlet Form by Authority of the Corporate Authorities on the 22nd day of April, 2019. 327 of 611 -i- TABLE OF CONTENTS SECTION HEADING PAGE Preambles ..................................................................................................................................................... 1 SECTION 1. DEFINITIONS ............................................................................................................ 4 SECTION 2. INCORPORATION OF PREAMBLES .............................................................................. 8 SECTION 3. DETERMINATION TO ISSUE BONDS ............................................................................ 8 SECTION 4. BOND DETAILS. ........................................................................................................ 9 SECTION 5. REGISTRATION OF BONDS; PERSONS TREATED AS OWNERS ...................................... 11 SECTION 6. BOOK-ENTRY PROVISIONS ...................................................................................... 12 SECTION 7. EXECUTION; AUTHENTICATION ............................................................................... 14 SECTION 8. REDEMPTION ......................................................................................................... 15 SECTION 9. FORM OF BONDS .................................................................................................... 21 SECTION 10. SECURITY FOR THE BONDS ...................................................................................... 28 SECTION 11. TAX LEVY; ABATEMENTS ......................................................................................... 28 SECTION 12. FILING WITH COUNTY CLERK ................................................................................... 29 SECTION 13. SALE OF BONDS; BOND ORDER(S); OFFICIAL STATEMENT ......................................... 30 SECTION 14. CONTINUING DISCLOSURE UNDERTAKING ............................................................... 31 SECTION 15. CREATION OF FUNDS AND APPROPRIATIONS ........................................................... 32 328 of 611 -ii- SECTION 16. NON-ARBITRAGE AND TAX-EXEMPTION .................................................................. 34 SECTION 17. REIMBURSEMENT ................................................................................................... 35 SECTION 18. MUNICIPAL BOND INSURANCE ................................................................................ 35 SECTION 19. RIGHTS AND DUTIES OF BOND REGISTRAR ............................................................... 36 SECTION 20. DEFEASANCE .......................................................................................................... 37 SECTION 21. RECORD-KEEPING POLICY AND POST-ISSUANCE COMPLIANCE MATTERS ................... 38 SECTION 22. PUBLICATION OF ORDINANCE ................................................................................. 38 SECTION 23. SEVERABILITY ......................................................................................................... 39 SECTION 24. SUPERSEDER AND EFFECTIVE DATE.......................................................................... 40 LIST OF EXHIBITS A—FORM OF BOND ORDER B—CONTINUING DISCLOSURE UNDERTAKING 329 of 611 ORDINANCE NUMBER 27-O-19 AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. PREAMBLES WHEREAS A. The City of Evanston, Cook County, Illinois (the “City”), has a population in excess of 25,000, and pursuant to the provisions of the 1970 Constitution of the State of Illinois and particularly Article VII, Section 6(a) thereof, is a home rule unit and as such may exercise any power or perform any function pertaining to its government and affairs, including, but not limited to, the power to tax and to incur debt. B. Pursuant to the home rule provisions of Section 6 of Article VII, the City has the power to incur debt payable from ad valorem property tax receipts or from any other lawful source and maturing within 40 years from the time it is incurred without prior referendum approval. C. The City Council of the City (the “Corporate Authorities”) has determined it is necessary and convenient for the public health, safety, and welfare to finance a portion of the costs of the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center, and to pay expenses incidental to same, including costs of issuance of bonds for such purpose 330 of 611 -2- (such construction, equipment and related expenses and costs being the “Robert Crown Project”) at an estimated cost of approximately $18,000,000; and, there being insufficient on hand and allocable to the purpose, the Corporate Authorities have determined it is necessary and convenient to borrow not to exceed said sum of $18,000,000 at this time pursuant to the Act (as hereinafter defined) and, in evidence of such borrowing, to issue general obligation bonds of the City (the “2019A Bonds” as hereinafter further defined) for such purpose in not to exceed such principal amount. D. The Corporate Authorities have determined it is necessary and convenient for the public health, safety, and welfare to provide for capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2019 in the City’s Capital Improvement Plan, as adopted and amended from time to time by the Corporate Authorities, and to pay expenses incidental to such improvements and costs of issuance of bonds for such purpose (such improvements and related expenses and costs being the “Capital Improvement Project”) at an estimated cost of approximately $18,000,000; and, there being no funds on hand and allocable to the purpose, the Corporate Authorities have determined it is necessary and convenient to borrow not to exceed said sum of $18,000,000 at this time pursuant to the Act and, in evidence of such borrowing, to issue general obligation bonds of the City (the “2019B Bonds” as hereinafter further defined) for such purpose in not to exceed such principal amount. 331 of 611 -3- E. The Corporate Authorities have heretofore and it hereby expressly is determined that it is desirable and in the best interests of the City that there be authorized at this time the borrowing of money for the Robert Crown Project and the Capital Improvement Project and, in evidence of such borrowing, the issuance of bonds of the City, and that certain officers of the City be authorized to sell the 2019A Bonds and the 2019B Bonds and, accordingly, it is necessary that said officers be so authorized within certain parameters as hereinafter set forth. F. Pursuant to the provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”), the City published notice of a public hearing on the proposal to issue not to exceed $50,000,000 in aggregate principal amount of bonds for the purpose of financing the costs of the Robert Crown Project (the “TEFRA Hearing”) in the Chicago Tribune on the 1st day of June, 2018, being not less than 14 and not more than 30 days before the date of the TEFRA Hearing. G. On the 25th day of June, 2018, the Corporate Authorities, being the elected legislative body of the City and the applicable elected representative required to approve the issuance of said bonds within the meaning of Section 147(f) of the Code, conducted the TEFRA Hearing. H. On the 9th day of July, 2018, the Corporate Authorities, being the elected legislative body of the City and the applicable elected representative required to approve the issuance of said bonds within the meaning of Section 147(f) of the Code, approved, confirmed and ratified the publication of the notice of and the conduct of the TEFRA Hearing pursuant to Section 147(f) of the Code and the proposed plan of the financing of the Robert Crown Project through the issuance of the said bonds, as required by Section 147(f) of the Code, constituting the public approval of the said bonds for purposes of Section 147(f) of the Code. 332 of 611 -4- I. On the 7th day of August, 2018, the City issued $24,385,000 General Obligation Corporate Purpose Bonds, Series 2018A, for the purpose of financing a portion of the Robert Crown Project, leaving approximately $25,000,000 of TEFRA authority remaining. NOW THEREFORE Be It Ordained by the City Council of the City of Evanston, Cook County, Illinois, in the exercise of its home rule powers, as follows: Section 1. Definitions. Words and terms used in this Ordinance shall have the meanings given them, unless the context or use clearly indicates another or different meaning is intended. Words and terms defined in the singular may be used in the plural and vice-versa. Reference to any gender shall be deemed to include the other and also inanimate persons such as corporations, where applicable. A. The following words and terms are as defined in the preambles. Capital Improvement Project City Code Corporate Authorities Robert Crown Project B. The following words and terms are defined as set forth. “2019A Bonds” means the General Obligation Corporate Purpose Bonds, Series 2019A, authorized to be issued by this Ordinance. 333 of 611 -5- “2019B Bonds” means the General Obligation Corporate Purpose Bonds, Series 2019B, authorized to be issued by this Ordinance. “Act” means the Illinois Municipal Code, as supplemented and amended, and also the home rule powers of the City under Section 6 of Article VII of the Illinois Constitution of 1970; and in the event of conflict between the provisions of said Municipal Code and home rule powers, the home rule powers shall be deemed to supersede the provisions of said Municipal Code; and, further, includes the Local Government Debt Reform Act, as amended. “Ad Valorem Property Taxes” means the real property taxes levied to pay the Bonds as described and levied in Section 11 of this Ordinance. “Bond Counsel” means Chapman and Cutler LLP, Chicago, Illinois. “Bond Funds” means the Bond Funds established and defined in Section 15 of this Ordinance. “Bond Moneys” means the Ad Valorem Property Taxes and any other moneys deposited into the Bond Funds and investment income held in the Bond Funds. “Bond Order” means each Bond Order as authorized to be executed by Designated Officers of the City as provided in Section 13 of this Ordinance, substantially in the form attached hereto as Exhibit A, and by which the final terms of the Bonds described therein will be established. “Bond Purchase Agreement” means the contract for the sale of each Series of the Bonds by and between the City and the Purchaser, which shall be in each instance the Official Bid Form, as executed, in response to an Official Notice of Sale given by the City in connection with the public competitive sale of each Series of the Bonds. 334 of 611 -6- “Bond Register” means the books of the City kept by the Bond Registrar to evidence the registration and transfer of the Bonds, as provided in this Ordinance. “Bond Registrar” means the bank, trust company, or national banking association to be designated in the Bond Order, or its successors, in its capacity as bond registrar and paying agent under this Ordinance, or a substituted bond registrar and paying agent as hereinafter provided. “Bonds” means any of the one or more series of general obligation bonds of various names authorized to be issued by this Ordinance, including, specifically, the 2019A Bonds and the 2019B Bonds. “Book-Entry Form” means the form of the Bonds as fully registered and available in physical form only to the Depository. “Continuing Disclosure Undertaking” means the undertaking by the City for the benefit of the Purchaser as authorized in Section 14 of this Ordinance and substantially in the form as attached hereto as Exhibit B. “County” means The County of Cook, Illinois. “County Clerk” means the County Clerk of the County. “Dated Date” means the dated date for each Series of Bonds, as set forth in the relevant Bond Order. “Depository” means The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York, its successors, or a successor depository qualified to clear securities under applicable state and federal laws. 335 of 611 -7- “Designated Officers” means any two of the following: the Mayor, City Clerk, Treasurer/Chief Financial Officer, or City Manager, or successors or assigns, or any of them acting together; provided, however, that one such officer must be an elected officer. “Financial Advisors” means PFM Financial Advisors LLC and Independent Public Advisors, LLC. “Ordinance” means this Ordinance, numbered as set forth on the title page, and passed by the Corporate Authorities on the 22nd day of April, 2019. “Purchase Price” means the price to be paid for the Bonds as set forth in a Bond Order, provided that no Purchase Price for any Series of Bonds shall be less than 99.0% of the par value of said Series of Bonds, plus accrued interest (if any) from the date of issue to the date of delivery. “Purchaser” means, for any Series of Bonds, the winning bidder or syndicate at competitive sale. “Record Date” means the 15th day of the month preceding any regular or other interest payment date occurring on the first day of any month and 15 days preceding any interest payment date occasioned by the redemption of Bonds on other than the first day of a month. “Series” means any of the one or more separate series of the Bonds authorized to be issued pursuant to this Ordinance. “Taxable” means, with respect to a Series of Bonds, the status of interest paid and received thereon as includible in gross income of the owners under the Code for federal income tax purposes. 336 of 611 -8- “Tax-exempt” means, with respect to a Series of Bonds, the status of interest paid and received thereon as excludable from gross income of the owners thereof for federal income tax purposes and as not included as an item of tax preference in computing the alternative minimum tax for individuals and corporations under the Code, but as taken into account in computing an adjustment used in determining the federal alternative minimum tax for certain corporations. “Taxable Bonds” means the Bonds so designated in the Bond Order. “Tax-exempt Bonds” means the Bonds so designated in the Bond Order. “Term Bonds” means Bonds subject to mandatory redemption by operation of the Bond Fund and designated as term bonds in the Bond Order. C. Definitions also appear in the above preambles or in specific sections, as appearing below. The table of contents preceding and the headings in this Ordinance are for the convenience of the reader and are not a part of this Ordinance. Section 2. Incorporation of Preambles. The Corporate Authorities hereby find that all of the recitals contained in the preambles to this Ordinance are true, correct, and complete and do incorporate them into this Ordinance by this reference. Section 3. Determination to Issue Bonds. It is necessary and in the best interests of the City to provide for the Robert Crown Project and the Capital Improvement Project, to pay all necessary or advisable related costs, and to borrow money and issue the Bonds for the purpose of paying such costs. It is hereby found and determined that such borrowing of money is for a proper public purpose or purposes, is in the public interest, and is authorized pursuant to the Act; and these findings and determinations shall be deemed conclusive. 337 of 611 -9- Section 4. Bond Details. A. THE 2019A BONDS. There shall be issued and sold the 2019A Bonds in one or more Series in the aggregate principal amount of not to exceed $18,000,000. The 2019A Bonds shall each be designated “General Obligation Corporate Purpose Bond, Series 2019A” or such other name or names or series designations as may be appropriate and as stated in the relevant Bond Order; be dated the date of issuance thereof or such other Dated Date on or prior to the initial date of issuance as may be set forth in the relevant Bond Order if it is determined therein to be a date better suited to the advantageous marketing of the 2019A Bonds; and shall also bear the date of authentication thereof. The 2019A Bonds shall be fully registered and in Book-Entry Form, shall be in denominations of $5,000 or integral multiples thereof (but no single 2019A Bond shall represent principal maturing on more than one date), and shall be numbered consecutively within a Series in such fashion as shall be determined by the Bond Registrar. The 2019A Bonds shall become due and payable serially or as Term Bonds (subject to right of prior redemption if so provided in the Bond Order) on December 1 of the years in which the 2019A Bonds are to mature. The 2019A Bonds shall mature in the amounts and in the years as shall be set forth in the relevant Bond Order, provided, however, that (a) the final date of maturity of the 2019A Bonds shall not extend past December 1, 2043, and (b) the sum of the principal of and interest on the 2019A Bonds that shall become due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) shall not exceed $2,000,000. Each 2019A Bond shall bear interest at a rate not to exceed 7.0% from the later of its Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2019A Bond is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing not earlier than December 1, 2019, or such other June 1 or December 1 not later than one year beyond the Dated Date as shall be provided in a relevant Bond 338 of 611 -10- Order. The 2019A Bonds may be issued as Tax-exempt Bonds, Taxable Bonds or some combination thereof, as designated in the relevant Bond Order. B. THE 2019B BONDS. There shall be issued and sold the 2019B Bonds in one or more Series in the aggregate principal amount of not to exceed $18,000,000. The 2019B Bonds shall each be designated “General Obligation Corporate Purpose Bond, Series 2019B” or such other name or names or series designations as may be appropriate and as stated in the relevant Bond Order; be dated the date of issuance thereof or such other Dated Date on or prior to the initial date of issuance as may be set forth in the relevant Bond Order if it is determined therein to be a date better suited to the advantageous marketing of the 2019B Bonds; and shall also bear the date of authentication thereof. The 2019B Bonds shall be fully registered and in Book-Entry Form, shall be in denominations of $5,000 or integral multiples thereof (but no single 2019B Bond shall represent principal maturing on more than one date), and shall be numbered consecutively within a Series in such fashion as shall be determined by the Bond Registrar. The 2019B Bonds shall become due and payable serially or as Term Bonds (subject to right of prior redemption if so provided in the Bond Order) on December 1 of the years in which the 2019B Bonds are to mature. The 2019B Bonds shall mature in the amounts and in the years as shall be set forth in the relevant Bond Order, provided, however, that (a) the final date of maturity of the 2019B Bonds shall not extend past December 1, 2039 and (b) the sum of the principal of and interest on the 2019B Bonds that shall become due (or subject to mandatory redemption) in any given Bond Year shall not exceed $2,000,000. Each 2019B Bond shall bear interest at a rate not to exceed 7.0% from the later of its Dated Date or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2019B Bond is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing not earlier than December 1, 2019, or such other June 1 or December 1 not later than one year beyond the Dated Date as shall be provided in 339 of 611 -11- a relevant Bond Order. The 2019B Bonds may be issued as Tax-exempt Bonds, Taxable Bonds or some combination thereof, as designated in the relevant Bond Order. C. GENERAL. Interest on each Bond shall be paid by check or draft of the Bond Registrar, payable upon presentation thereof in lawful money of the United States of America, to the person in whose name such Bond is registered at the close of business on the applicable Record Date and mailed to the registered owner of the Bond as shown in the Bond Registrar or at such other address furnished in writing by such Registered Owner, or as otherwise may be agreed with the Depository for so long as the Depository or its nominee is the registered owner as of a given Record Date. The principal of the Bonds shall be payable in lawful money of the United States of America upon presentation thereof at the office of the Bond Registrar maintained for the purpose. Section 5. Registration of Bonds; Persons Treated as Owners. The City shall cause the Bond Register to be kept at the office of the Bond Registrar maintained for such purpose, which is hereby constituted and appointed the registrar of the City for the Bonds. The City shall prepare, and the Bond Registrar or such other agent as the City may designate shall keep custody of, multiple Bond blanks executed by the City for use in the transfer and exchange of Bonds. Subject to the provisions of this Ordinance relating to the Bonds in Book-Entry Form, any Bond may be transferred or exchanged, but only in the manner, subject to the limitations, and upon payment of the charges as set forth in this Ordinance. Upon surrender for transfer or exchange of any Bond at the office of the Bond Registrar maintained for the purpose, duly endorsed by or accompanied by a written instrument or instruments of transfer or exchange in form satisfactory to the Bond Registrar and duly executed by the registered owner or an attorney for such owner duly authorized in writing, the City shall execute and the Bond Registrar shall authenticate, date, and deliver in the name of the transferee or transferees or, in the case of an exchange, the registered owner, a new fully registered Bond or Bonds of like Series and tenor, of the same maturity, bearing the same interest rate, of authorized denominations, for a like 340 of 611 -12- aggregate principal amount. The Bond Registrar shall not be required to transfer or exchange any Bond during the period from the close of business on the Record Date for an interest payment to the opening of business on such interest payment date or during the period of 15 days preceding the giving of notice of redemption of Bonds or to transfer or exchange any Bond all or any portion of which has been called for redemption. The execution by the City of any fully registered Bond shall constitute full and due authorization of such Bond, and the Bond Registrar shall thereby be authorized to authenticate, date and deliver such Bond; provided, however, the principal amount of Bonds of each Series and maturity authenticated by the Bond Registrar shall not at any one time exceed the authorized principal amount of Bonds for such Series and maturity less the amount of such Bonds which have been paid. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of the principal of or interest on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. No service charge shall be made to any registered owner of Bonds for any transfer or exchange of Bonds, but the City or the Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds, except in the case of the issuance of a Bond or Bonds for the unredeemed portion of a Bond surrendered for redemption. Section 6. Book-Entry Provisions. The Bonds shall be initially issued in the form of a separate single fully registered Bond for each of the maturities of each of the Series of the Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the Bond Register in the name of the Depository or a designee or nominee of the Depository (such depository or nominee being the “Book-Entry Owner”). Except as otherwise expressly provided, all of the outstanding Bonds from time to time shall be registered in the Bond Register in the name of the Book-Entry Owner (and accordingly 341 of 611 -13- in Book-Entry Form as such term is used in this Ordinance). Any City officer, as representative of the City, is hereby authorized, empowered, and directed to execute and deliver or utilize a previously executed and delivered Letter of Representations or Blanket Letter of Representations (either being the “Letter of Representations”) substantially in the form common in the industry, or with such changes therein as the officer executing the Letter of Representations on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of approval of such changes, as shall be necessary to effectuate Book-Entry Form. Without limiting the generality of the authority given with respect to entering into such Letter of Representations, it may contain provisions relating to (a) payment procedures, (b) transfers of the Bonds or of beneficial interests therein, (c) redemption notices and procedures unique to the Depository, (d) additional notices or communications, and (e) amendment from time to time to conform with changing customs and practices with respect to securities industry transfer and payment practices. With respect to Bonds registered in the Bond Register in the name of the Book-Entry Owner, none of the City, any City officer, or the Bond Registrar shall have any responsibility or obligation to any broker-dealer, bank, or other financial institution for which the Depository holds Bonds from time to time as securities depository (each such broker-dealer, bank, or other financial institution being referred to herein as a “Depository Participant”) or to any person on behalf of whom such a Depository Participant holds an interest in the Bonds. Without limiting the meaning of the immediately preceding sentence, the City, any City officer, and the Bond Registrar shall have no responsibility or obligation with respect to (a) the accuracy of the records of the Depository, the Book-Entry Owner, or any Depository Participant with respect to any ownership interest in the Bonds, (b) the delivery to any Depository Participant or any other person, other than a registered owner of a Bond as shown in the Bond Register or as otherwise expressly provided in the Letter of Representations, of any notice with respect to the Bonds, including any notice of redemption, or (c) the payment to any Depository Participant or any other person, other than a registered owner of a Bond as 342 of 611 -14- shown in the Bond Register, of any amount with respect to principal of or interest on the Bonds. No person other than a registered owner of a Bond as shown in the Bond Register shall receive a Bond certificate with respect to any Bond. In the event that (a) the City determines that the Depository is incapable of discharging its responsibilities described herein and in the Letter of Representations, (b) the agreement among the City, the Bond Registrar, and the Depository evidenced by the Letter of Representations shall be terminated for any reason, or (c) the City determines that it is in the best interests of the City or of the beneficial owners of a Series of the Bonds either that they be able to obtain certificated Bonds or that another depository is preferable, the City shall notify the Depository and the Depository shall notify the Depository Participants of the availability of Bond certificates, and the Bonds (of a given Series if applicable) shall no longer be restricted to being registered in the Bond Register in the name of the Book-Entry Owner. Alternatively, at such time, the City may determine that the Bonds of such Series shall be registered in the name of and deposited with a successor depository operating a system accommodating Book-Entry Form, as may be acceptable to the City, or such depository’s agent or designee, but if the City does not select such alternate Book-Entry system, then the Bonds of such Series shall be registered in whatever name or names registered owners of Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. Section 7. Execution; Authentication. The Bonds shall be executed on behalf of the City by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk, as they may determine, and shall be impressed or imprinted with the corporate seal or facsimile seal of the City. In case any such officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. All Bonds shall have thereon a certificate of authentication, substantially in the form provided, duly executed by the Bond Registrar as authenticating agent of the City and showing the 343 of 611 -15- date of authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless and until such certificate of authentication shall have been duly executed by the Bond Registrar by manual signature, and such certificate of authentication upon any such Bond shall be conclusive evidence that such Bond has been authenticated and delivered under this Ordinance. Section 8. Redemption. The Bonds may be subject to redemption on the terms set forth below. A. Optional Redemption. If so provided in the relevant Bond Order, any Bonds may be subject to redemption prior to maturity at the option of the City, in whole or in part on any date, at such times and at such optional redemption prices as shall be determined by the Designated Officers in the relevant Bond Order. Such optional redemption prices shall be expressed as a percentage of the principal amount of Tax-Exempt Bonds to be redeemed, provided that such percentage shall not exceed 103.0%, plus accrued interest to the date of redemption. If less than all of the outstanding Bonds of a Series are to be optionally redeemed, the Bonds to be called shall be called from such Series, in such principal amounts, and from such maturities as may be determined by the City and within any maturity in the manner hereinafter provided. As provided in the Bond Order, some portion or all of the Bonds may be made not subject to optional redemption. B. Term Bonds; Mandatory Redemption and Covenants; Effect of Purchase or Optional Redemption of Term Bonds. The Bonds of any Series may be subject to mandatory redemption (as Term Bonds) as provided in a Bond Order; provided, however, that in such event the amounts due pursuant to mandatory redemption shall be the amounts used to satisfy the test set forth in Section 4 of this Ordinance for the maximum amounts of principal and interest due on the Bonds in any given Bond Year. Bonds designated as Term Bonds shall be made subject to mandatory redemption by operation of the 344 of 611 -16- Bond Fund at a price of not to exceed par and accrued interest, without premium, on December 1 of the years and in the amounts as shall be determined in a Bond Order. The City covenants that it will redeem Term Bonds pursuant to the mandatory redemption requirement for such Term Bonds. Proper provision for mandatory redemption having been made, the City covenants that the Term Bonds so selected for redemption shall be payable as at maturity, and taxes shall be levied and collected as provided herein accordingly. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from Bond Moneys as hereinafter described, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the mandatory redemption requirements provided for Term Bonds of such maturity, first, in the current year of such requirement, until the requirement for the current year has been fully met, and then in any order of such Term Bonds as due at maturity or subject to mandatory redemption in any year, as the City shall determine. If the City redeems pursuant to optional redemption as may be provided or purchases Term Bonds of any maturity and cancels the same from moneys other than Bond Moneys, then an amount equal to the principal amount of Term Bonds so redeemed or purchased shall be deducted from the amount of such Term Bonds as due at maturity or subject to mandatory redemption requirement in any year, as the City shall determine. C. Redemption Procedures. Any Bonds subject to redemption shall be identified, notice given, and paid and redeemed pursuant to the procedures as follows. (1) Redemption Notice. For a mandatory redemption, unless otherwise notified by the City, the Bond Registrar will proceed on behalf of the City as its agent to provide for the mandatory redemption of such Term Bonds without further order or direction hereunder or otherwise. For an optional redemption, the City, shall, at least 45 days prior to any optional redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the Series, principal amounts, and 345 of 611 -17- maturities of Bonds to be redeemed and, if applicable, the effect on any schedule of mandatory redemption of Term Bonds. (2) Selection of Bonds within a Maturity. For purposes of any redemption of less than all of the Bonds of a Series of a single maturity, the particular Bonds or portions of Bonds of that Series to be redeemed shall be selected by lot by the Bond Registrar for the Bonds of that Series of such maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate; provided, that such lottery shall provide for the selection for redemption of Bonds or portions thereof so that any $5,000 Bond or $5,000 portion of a Bond shall be as likely to be called for redemption as any other such $5,000 Bond or $5,000 portion. The Bond Registrar shall make such selection (a) upon or prior to the time of the giving of official notice of redemption, or (b) in the event of a refunding or defeasance, upon advice from the City that certain Bonds have been refunded or defeased and are no longer Outstanding as defined. (3) Official Notice of Redemption. The Bond Registrar shall promptly notify the City in writing of the Bonds or portions of Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. Unless waived by the registered owner of Bonds to be redeemed, official notice of any such redemption shall be given by the Bond Registrar on behalf of the City by mailing the redemption notice by first class U.S. mail not less than 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bond or Bonds to be redeemed at the address shown on the Bond Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. All official notices of redemption shall include the name of the Bonds and at least the information as follows: (a) the redemption date; 346 of 611 -18- (b) the redemption price; (c) if less than all of the outstanding Bonds of a Series of a particular maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds of that Series within such maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office designated for that purpose of the Bond Registrar. (4) Conditional Redemption. In the case of an optional redemption of Bonds as described in paragraph A, above, unless moneys sufficient to pay the redemption price of the Bonds to be optionally redeemed shall have been received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the City, state that said redemption shall be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds, and the Bond Registrar shall give notice, in the same manner in which the notice of redemption was given, that such moneys were not so received and that such Bonds will not be redeemed. (5) Bonds Shall Become Due. Official notice of redemption having been given as described, the Bonds or portions of Bonds so to be redeemed shall, subject to the stated 347 of 611 -19- condition with respect to an optional redemption of Bonds in the paragraph (4) immediately preceding, on the redemption date, become due and payable at the redemption price therein specified; and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds shall be paid by the Bond Registrar at the redemption price. The procedure for the payment of interest due as part of the redemption price shall be as herein provided for payment of interest otherwise due. (6) Insufficiency in Notice Not Affecting Other Bonds; Failure to Receive Notice; Waiver. Neither the failure to mail such redemption notice, nor any defect in any notice so mailed, to any particular registered owner of a Bond, shall affect the sufficiency of such notice with respect to other registered owners. Notice having been properly given, failure of a registered owner of a Bond to receive such notice shall not be deemed to invalidate, limit, or delay the effect of the notice or redemption action described in the notice. Such notice may be waived in writing by a registered owner of a Bond entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. Waivers of notice by registered owners shall be filed with the Bond Registrar, but such filing shall not be a condition precedent to the validity of any action taken in reliance upon such waiver. In lieu of the foregoing official notice, so long as the Bonds are held in Book-Entry Form, notice may be given as provided in the Letter of Representations; and the giving of such notice shall constitute a waiver by the Depository and the Book-Entry Owner, as registered owner, of the foregoing notice. After giving proper notification of redemption to the Bond Registrar, as applicable, the City shall not be liable for any failure to give or defect in notice. (7) New Bond in Amount Not Redeemed. Upon surrender for any partial redemption of any Bond, there shall be prepared for the registered owner a new Bond or Bonds 348 of 611 -20- of like tenor, of authorized denominations, of the Series and the same maturity, and bearing the same rate of interest in the amount of the unpaid principal. (8) Effect of Nonpayment upon Redemption. If any Bond or portion of Bond called for redemption shall not be so paid upon surrender thereof for redemption, the principal shall become due and payable on demand, as aforesaid, but, until paid or duly provided for, shall continue to bear interest from the redemption date at the rate borne by the Bond or portion of Bond so called for redemption. (9) Bonds to Be Cancelled; Payment to Identify Bonds. All Bonds which have been redeemed shall be cancelled and destroyed by the Bond Registrar and shall not be reissued. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. (10) Additional Notice. The City agrees to provide such additional notice of redemption as it may deem advisable at such time as it determines to redeem Bonds, taking into account any requirements or guidance of the Securities and Exchange Commission, the Municipal Securities Rulemaking Board, the Governmental Accounting Standards Board, or any other federal or state agency having jurisdiction or authority in such matters; provided, however, that such additional notice shall be (a) advisory in nature, (b) solely in the discretion of the City (unless a separate agreement shall be made), (c) not be a condition precedent of a valid redemption or a part of the Bond contract, and (d) any failure or defect in such notice shall not delay or invalidate the redemption of Bonds for which proper official notice shall have been given. Reference is also made to the provisions of the Continuing Disclosure Undertaking of the 349 of 611 -21- City with respect to the Bonds, which may contain other provisions relating to notice of redemption of Bonds. (11) Bond Registrar to Advise City. As part of its duties hereunder, the Bond Registrar shall prepare and forward to the City a statement as to notices given with respect to each redemption together with copies of the notices as mailed. Section 9. Form of Bonds. The Bonds shall be in substantially the form hereinafter set forth; provided, however, that if the text of the Bonds is to be printed in its entirety on the front side of the Bonds, then the second paragraph on the front side and the legend “See Reverse Side for Additional Provisions” shall be omitted and the text of paragraphs set forth for the reverse side shall be inserted immediately after the first paragraph. 350 of 611 -22- [FORM OF BONDS - FRONT SIDE] REGISTERED REGISTERED NO. ______ $_________ UNITED STATES OF AMERICA STATE OF ILLINOIS THE COUNTY OF COOK CITY OF EVANSTON GENERAL OBLIGATION CORPORATE PURPOSE BOND, SERIES 2019[A][B] See Reverse Side for Additional Provisions. Interest Maturity Dated Rate: ____% Date: December 1, ____ Date: ____________, 2019 CUSIP: 299228___ Registered Owner: Principal Amount: KNOW ALL PERSONS BY THESE PRESENTS that the City of Evanston, Cook County, Illinois, a municipality, home rule unit, and political subdivision of the State of Illinois (the “City”), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns as hereinafter provided, on the Maturity Date identified above, the Principal Amount identified above and to pay interest (computed on the basis of a 360-day year of twelve 30-day months) on such Principal Amount from the later of the Dated Date of this Bond 351 of 611 -23- identified above or from the most recent interest payment date to which interest has been paid or duly provided for, at the Interest Rate per annum identified above, such interest to be payable on June l and December 1 of each year, commencing ____________ 1, 20__, until said Principal Amount is paid or duly provided for. The principal of this Bond is payable in lawful money of the United States of America upon presentation hereof at the office maintained for that purpose at ____________________, located in the City of ________, _______________, as paying agent and bond registrar (the “Bond Registrar”). Payment of interest shall be made to the Registered Owner hereof as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the applicable Record Date. The Record Date shall be the 15th day of the month preceding any regular interest payment date or a redemption on the first day of any month and the 15th day preceding any other interest payment date which may be occasioned by a redemption of Bonds on a day other than the first day of any month. Interest shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of such Registered Owner as it appears on such registration books, or at such other address furnished in writing by such Registered Owner to the Bond Registrar, or as otherwise agreed by the City and the Bond Registrar for so long as this Bond is held by a qualified securities clearing corporation as depository, or nominee, in Book-Entry Form as provided for same. Reference is hereby made to the further provisions of this Bond set forth on the reverse hereof, and such further provisions shall for all purposes have the same effect as if set forth at this place. It is hereby certified and recited that all conditions, acts, and things required by the constitution and laws of the State of Illinois to exist or to be done precedent to and in the issuance of this Bond, including the Act, have existed and have been properly done, happened, and been performed in regular and due form and time as required by law; that the indebtedness of the City, represented by the Bonds, and including all other indebtedness of the City, howsoever evidenced or incurred, does not exceed any 352 of 611 -24- constitutional or statutory or other lawful limitation; and that provision has been made for the collection of a direct annual tax, in addition to all other taxes, on all of the taxable property in the City sufficient to pay the interest hereon as the same falls due and also to pay and discharge the principal hereof at maturity. This Bond shall not be valid or become obligatory for any purpose until the certificate of authentication hereon shall have been signed by the Bond Registrar. IN WITNESS WHEREOF the City of Evanston, Cook County, Illinois, by its City Council, has caused this Bond to be executed by the manual or duly authorized facsimile signature of its Mayor and attested by the manual or duly authorized facsimile signature of its City Clerk and its corporate seal or a facsimile thereof to be impressed or reproduced hereon, all as appearing hereon and as of the Dated Date identified above. SPECIMEN Mayor, City of Evanston Cook County, Illinois ATTEST: SPECIMEN City Clerk, City of Evanston Cook County, Illinois 353 of 611 -25- [SEAL] 354 of 611 -26- [FORM OF AUTHENTICATION] CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Ordinance and is one of the General Obligation Corporate Purpose Bonds, Series 2019[A][B], having a Dated Date of ________, 2019, of the City of Evanston, Cook County, Illinois. ________________________ ___________, ____________ as Bond Registrar Date of Authentication: ____________, 20__ By SPECIMEN Authorized Officer [FORM OF BONDS - REVERSE SIDE] This bond is one of a series of bonds (the “Bonds”) in the aggregate principal amount of $_____________ issued by the City for the purpose of paying [a portion of] the costs of the [Robert Crown Project][Capital Improvement Project], and of paying expenses incidental thereto, all as described and defined in Ordinance Number 27-O-19 of the City, passed by the City Council on the 22nd day of April, 2019, authorizing the Bonds (as supplemented by the Bond Order authorized therein and executed in connection with the sale of the Bonds, the “Ordinance”), pursuant to and in all respects in compliance with the applicable provisions of the Illinois Municipal Code, as supplemented and amended, and as further supplemented and, where necessary, superseded, by the powers of the City as 355 of 611 -27- a home rule unit under the provisions of Section 6 of Article VII of the Illinois Constitution of 1970, and pursuant to the provisions of the Local Government Debt Reform Act, as amended (such code and powers, as supplemented, being the “Act”), and with the Ordinance, which has been duly executed by the Mayor, and published in pamphlet form, in all respects as by law required. [Optional and Mandatory Redemption provisions, as needed.] This Bond is subject to provisions relating to redemption and notice thereof and other terms of redemption; provisions relating to registration, transfer, and exchange; and such other terms and provisions relating to security and payment as are set forth in the Ordinance; to which reference is hereby expressly made, and to all the terms of which the Registered Owner hereof is hereby notified and shall be subject. The City and the Bond Registrar may deem and treat the Registered Owner hereof as the absolute owner hereof for the purpose of receiving payment of or on account of principal hereof and interest due hereon and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. [FORM OF ASSIGNMENT] ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto Here insert Social Security Number, Employer Identification Number or other Identifying Number. ___________________________________________________________________________________ 356 of 611 -28- ___________________________________________________________________________________ (Name and Address of Assignee) the within Bond and does hereby irrevocably constitute and appoint ___________________________________________________________________________________ as attorney to transfer the said Bond on the books kept for registration thereof with full power of substitution in the premises. Dated: ______________________________ ______________________________ Signature guaranteed: ______________________________ NOTICE: The signature to this transfer and assignment must correspond with the name of the Registered Owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Section 10. Security for the Bonds. The Bonds are a general obligation of the City, for which the full faith and credit of the City are irrevocably pledged, and are payable from the levy of the Ad Valorem Property Taxes on all of the taxable property in the City, without limitation as to rate or amount. Section 11. Tax Levy; Abatements. For the purpose of providing funds required to pay the interest on the Bonds promptly when and as the same falls due, and to pay and discharge the principal thereof at maturity or as subject to mandatory redemption, there is hereby levied upon all of the taxable property within the City, in the years for which any Series of the Bonds are outstanding, a direct annual tax sufficient for that purpose for each Series of Bonds; and there is hereby levied upon all of the taxable property within the City, in the years for which any Series of the Bonds are outstanding, a direct annual tax (the “Ad Valorem Property Taxes” as defined) in amounts as shall be fully set forth in the 357 of 611 -29- Bond Order for each Series of the Bonds. Ad Valorem Property Taxes and other moneys on deposit in the Bond Fund from time to time (“Bond Moneys” as herein defined) shall be applied to pay principal of and interest on each Series of the Bonds. Interest on or principal of each Series of the Bonds coming due at any time when there are insufficient Bond Moneys to pay the same shall be paid promptly when due from current funds on hand in advance of the deposit of the Ad Valorem Property Taxes; and when the Ad Valorem Property Taxes shall have been collected, reimbursement shall be made to said funds in the amount so advanced. The City covenants and agrees with the purchasers and registered owners of the Bonds that so long as any of the Bonds remain outstanding the City will take no action or fail to take any action which in any way would adversely affect the ability of the City to levy and collect the Ad Valorem Property Taxes. The City and its officers will comply with all present and future applicable laws in order to assure that the Ad Valorem Property Taxes may lawfully be levied, extended, and collected as provided herein. In the event that funds from any other lawful source are made available for the purpose of paying any principal of or interest on any of the Bonds so as to enable the abatement of the taxes levied herein for the payment of same, the Corporate Authorities shall, by proper proceedings, direct the transfer of such funds to the respective Bond Fund, and shall then direct the abatement of the taxes by the amount so deposited. The City covenants and agrees that it will not direct the abatement of taxes until money has been deposited into the respective Bond Fund in the amount of such abatement. A certified copy or other notification of any such proceedings abating taxes may then be filed with the County Clerk in a timely manner to effect such abatement. Section 12. Filing with County Clerk. Promptly, after this Ordinance becomes effective and upon execution of the first Bond Order, a copy hereof, certified by the City Clerk, shall be filed with the County Clerk. Under authority of this Ordinance, the County Clerk shall in and for each of the years as set forth in each and every Bond Order ascertain the rate percent required to produce the aggregate Ad Valorem Property Taxes levied in each of such years; and the County Clerk shall extend the same for 358 of 611 -30- collection on the tax books in connection with other taxes levied in such years in and by the City for general corporate purposes of the City; and in each of those years such annual tax shall be levied and collected by and for and on behalf of the City in like manner as taxes for general corporate purposes for such years are levied and collected, without limit as to rate or amount, and in addition to and in excess of all other taxes. Section 13. Sale of Bonds; Bond Order(s); Official Statement. A. The Designated Officers are hereby authorized to proceed, without any further official authorization or direction whatsoever from the Corporate Authorities, to sell and deliver Bonds as herein provided. The Designated Officers shall be and are hereby authorized and directed to sell each Series of the Bonds to the Purchaser at not less than the Purchase Price, provided, however, that the following conditions shall also be met: (1) The Purchaser shall be the winning bidder at public competitive sale of the respective Series of Bonds. (2) The Financial Advisors shall provide advice (in the form of written certificate or report) that the terms of the Bonds are fair and reasonable in light of current conditions in the market for obligations such as the Bonds. Nothing in this Section shall require the Designated Officers to sell the Bonds if in their judgment the conditions in the bond markets shall have markedly deteriorated from the time of adoption hereof, but the Designated Officers shall have the authority to sell the Bonds in any event so long as the limitations set forth in this Ordinance shall have been met. Incidental to any sale of the Bonds, the Designated Officers shall find and determine that no person responsible for sale of the Bonds and holding any office of the City either by election or appointment, is in any manner financially interested, either directly, in his or her own name, or indirectly, in the name of any other person, association, trust or corporation, in the agreement with the Purchaser for the purchase of the Bonds. 359 of 611 -31- B. Upon the sale of the Bonds of any Series, the Designated Officers and any other officers of the City as shall be appropriate shall be and are hereby authorized and directed to approve or execute, or both, such documents of sale of the Bonds of such Series as may be necessary, including, without limitation, a Bond Order, Official Statement, Bond Purchase Agreement, and closing documents; such certifications, tax returns, and documentation as may be required by Bond Counsel, including, specifically, a tax exemption certificate and agreement for the Bonds, to render their opinion(s) as to the Tax-exempt status of the interest on the Tax-exempt Bonds. The Preliminary Official Statement relating to the Bonds, such document to be in substantially the form now on file with the City Clerk and available to the Mayor and Aldermen and to members of the interested public, is hereby in all respects authorized and approved; and the proposed use by the Purchaser of an Official Statement (in substantially the form of the Preliminary Official Statement but with appropriate variations to reflect the final terms of the Bonds) is also hereby authorized and approved. The Designated Officers are (or any of them is) hereby authorized to execute each Bond Purchase Agreement and the Official Statement, their (his or her) execution to constitute full and complete approval of all necessary or appropriate completions and revisions as shall appear therein. Upon the sale of a Series of the Bonds, the Designated Officers so acting shall prepare the Bond Order for same, such document to be in substantially the form as set forth as Exhibit A attached hereto, which shall include the pertinent details of sale as provided herein, and which shall enumerate the levy of taxes to pay the Bonds, and such shall in due course be entered into the records of the City and made available to the Corporate Authorities. The authority to sell the Bonds pursuant to any Bond Order as herein provided shall expire on December 31, 2019. Section 14. Continuing Disclosure Undertaking. The Mayor or any of the Designated Officers of the City is hereby authorized, empowered, and directed to execute and deliver the Continuing Disclosure Undertaking in substantially the same form as now before the City as Exhibit B to this 360 of 611 -32- Ordinance, or with such changes therein as the officer executing the Continuing Disclosure Undertaking on behalf of the City shall approve, his or her execution thereof to constitute conclusive evidence of his or her approval of such changes. When the Continuing Disclosure Undertaking is executed and delivered on behalf of the City as herein provided, the Continuing Disclosure Undertaking will be binding on the City and the officers, employees, and agents of the City, and the officers, employees, and agents of the City are hereby authorized, empowered, and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Continuing Disclosure Undertaking as executed. Notwithstanding any other provision of this Ordinance, the sole remedies for failure to comply with the Continuing Disclosure Undertaking shall be the ability of the beneficial owner of any Bond to seek mandamus or specific performance by court order, to cause the City to comply with its obligations under the Continuing Disclosure Undertaking. Section 15. Creation of Funds and Appropriations. A. There is hereby created the “Series 2019A Bonds Debt Service Account” (the “2019A Bond Fund”), which shall be the fund for the payment of principal of and interest on all 2019A Bonds and the “Series 2019B Bonds Debt Service Account” (the “2019B Bond Fund” and together with the 2019A Bond Fund, the “Bond Funds”), which shall be the fund for the payment of principal of and interest on all 2019B Bonds. Accrued interest, if any, received upon delivery of the Series 2019A Bonds and principal proceeds of the Series 2019A Bonds in an amount not to exceed $500,000 shall be deposited into the Series 2019A Bond Fund and be applied to pay first interest coming due on the Series 2019A Bonds. Accrued interest, if any, received upon delivery of the Series 2019B Bonds and principal proceeds of the Series 2019B Bonds in an amount not to exceed $500,000 shall be deposited into the Series 2019B Bond Fund and be applied to pay first interest coming due on the Series 2019B Bonds. B. The Ad Valorem Property Taxes for each respective Series of Bonds shall either be deposited into the respective Bond Fund and used solely and only for paying the principal of and 361 of 611 -33- interest on the respective Series of Bonds or be used to reimburse a fund or account from which advances to the respective Bond Fund may have been made to pay principal of or interest on the Bonds prior to receipt of Ad Valorem Property Taxes. Interest income or investment profit earned in each Bond Fund shall be retained in said Bond Fund for payment of the principal of or interest on the respective Series of Bonds on the interest payment date next after such interest or profit is received or, to the extent lawful and as determined by the Corporate Authorities, transferred to such other fund as may be determined. The City hereby pledges, as equal and ratable security for the respective Series of Bonds, all present and future proceeds of the Ad Valorem Property Taxes for the sole benefit of the registered owners of the respective Series of Bonds, subject to the reserved right of the Corporate Authorities to transfer certain interest income or investment profit earned in the Bond Funds to other funds of the City, as described in the preceding sentence. C. The amount necessary from the proceeds of each Series of Bonds shall be used to pay costs of issuance of the respective Series of Bonds and shall be deposited into a separate fund, hereby created, designated the “2019[Series Designation] Expense Fund.” Any disbursements from such funds shall be made from time to time as necessary. Any excess in said fund established for the 2019A Bonds shall be deposited into the Robert Crown Project Fund hereinafter created after six months from the date of issuance of the 2019A Bonds. Any excess in said fund established for the 2019B Bonds shall be deposited into the Capital Improvement Project Fund hereinabove created after six months from the date of issuance of the 2019B Bonds. D. The remaining proceeds of the 2019A Bonds shall be set aside in a separate fund, hereby created, and designated as the “Series 2019A Robert Crown Project Fund” (the “Robert Crown Project Fund”), and be used to pay costs of the Robert Crown Project, including costs of issuance of the Bonds which for any reason are not paid from the 2019A Expense Fund. 362 of 611 -34- E. The remaining proceeds of the 2019B Bonds shall be set aside in a separate fund, hereby created, and designated as the “Series 2019B Capital Improvement Project Fund” (the “Capital Improvement Project Fund”), and be used to pay costs of the Capital Improvement Project, including costs of issuance of the Bonds which for any reason are not paid from the 2019B Expense Fund. F. Alternatively, the Treasurer of the City may allocate proceeds of the Bonds otherwise designated for the respective Bond Fund, the respective Expense Fund, the Robert Crown Project Fund or the Capital Improvement Project Fund to one or more related funds of the City already in existence; provided, however, that this shall not relieve the City officers of the duty to account for the proceeds as herein provided. G. The Corporate Authorities reserve the right, as it becomes necessary from time to time, to revise the Robert Crown Project and/or the Capital Improvement Project, to change priorities, to revise cost allocations between projects and to substitute projects, in order to meet current needs of the City; subject, however, to the various covenants set forth in this Ordinance and in related certificates given in connection with delivery of the Bonds and also subject to the obtaining of the opinion of Bond Counsel or of some other attorney or firm of attorneys whose opinions are generally acceptable to the purchasers in the national marketplace of governmental Tax-exempt obligations (“Other Bond Counsel”) that such changes or substitutions are proper under the Act and do not adversely affect the Tax-exempt status of the Tax-exempt Bonds. Section 16. Non-Arbitrage and Tax-Exemption. The City hereby covenants that it will not take any action, omit to take any action or permit the taking or omission of any action within its control (including, without limitation, making or permitting any use of the proceeds of the Tax-exempt Bonds) if taking, permitting, or omitting to take such action would cause any of the Tax-exempt Bonds to be an arbitrage bond or a private activity bond within the meaning of the Code, or would otherwise cause the 363 of 611 -35- interest on the Tax-exempt Bonds to be included in the gross income of the recipients thereof for federal income tax purposes. The City acknowledges that, in the event of an examination by the Internal Revenue Service of the exemption from federal income taxation for interest paid on the Tax- exempt Bonds, under present rules, the City may be treated as a “taxpayer” in such examination and agrees that it will respond in a commercially reasonable manner to any inquiries from the Internal Revenue Service in connection with such an examination. In furtherance of the foregoing provisions, but without limiting their generality, the City agrees: (a) through its officers, to make such further specific covenants, representations as shall be truthful, and assurances as may be necessary or advisable; (b) to comply with all representations, covenants, and assurances contained in certificates or agreements as may be prepared by Bond Counsel; (c) to consult with such Bond Counsel and to comply with such advice as may be given; (d) to file such forms, statements, and supporting documents as may be required and in a timely manner; and (e) if deemed necessary or advisable by its officers, to employ and pay fiscal agents, financial advisors, attorneys, and other persons to assist the City in such compliance. Section 17. Reimbursement. With respect to expenditures for the Robert Crown Project and the Capital Improvement Project paid within the 60-day period ending on this date and with respect to which no declaration of intent was previously made, the City hereby declares its intent to reimburse such expenditures and hereby allocates proceeds of the 2019A Bonds and/or the 2019B Bonds, as applicable, in the amount indicated in the Tax Exemption Certificate and Agreement to be delivered in connection with the issuance of the Bonds to reimburse said expenditures. Section 18. Municipal Bond Insurance. In the event the payment of principal of and interest on a Series of the Bonds is insured pursuant to a municipal bond insurance policy (a “Municipal Bond Insurance Policy”) issued by a bond insurer (a “Bond Insurer”), and as long as such Municipal Bond Insurance Policy shall be in full force and effect, the City and the Bond Registrar agree to comply with 364 of 611 -36- such usual and reasonable provisions regarding presentment and payment of such Bonds, subrogation of the rights of the Bondholders to the Bond Insurer when holding such Bonds, amendment hereof, or other terms, as approved by any of the City officers on advice of counsel, his or her approval to constitute full and complete acceptance by the City of such terms and provisions under authority of this Section. Section 19. Rights and Duties of Bond Registrar. If requested by the Bond Registrar, any officer of the City is authorized to execute a mutually agreeable form of agreement between the City and the Bond Registrar with respect to the obligations and duties of the Bond Registrar under this Ordinance. In addition to the terms of such agreement and subject to modification thereby, the Bond Registrar by acceptance of duties under this Ordinance agrees (a) to act as bond registrar, paying agent, authenticating agent, and transfer agent as provided herein; (b) to maintain a list of Bondholders as set forth herein and to furnish such list to the City upon request, but otherwise to keep such list confidential to the extent permitted by law; (c) to cancel and/or destroy Bonds which have been paid at maturity or submitted for exchange or transfer; (d) to furnish the City at least annually a certificate with respect to Bonds cancelled and/or destroyed; and (e) to furnish the City at least annually an audit confirmation of Bonds paid, Bonds outstanding, and payments made with respect to interest on the Bonds. The City covenants with respect to the Bond Registrar, and the Bond Registrar further covenants and agrees as follows: (A) The City shall at all times retain a Bond Registrar with respect to the Bonds; it will maintain at the designated office(s) of such Bond Registrar a place or places where Bonds may be presented for payment, registration, transfer, or exchange; and it will require that the Bond Registrar properly maintain the Bond Register and perform the other duties and obligations imposed upon it by this Ordinance in a manner consistent with the standards, customs and practices of the municipal securities industry. 365 of 611 -37- (B) The Bond Registrar shall signify its acceptance of the duties and obligations imposed upon it by this Ordinance by executing the certificate of authentication on any Bond, and by such execution the Bond Registrar shall be deemed to have certified to the City that it has all requisite power to accept and has accepted such duties and obligations not only with respect to the Bond so authenticated but with respect to all the Bonds. Any Bond Registrar shall be the agent of the City and shall not be liable in connection with the performance of its duties except for its own negligence or willful wrongdoing. Any Bond Registrar shall, however, be responsible for any representation in its certificate of authentication on Bonds. (C) The City may remove the Bond Registrar at any time. In case at any time the Bond Registrar shall resign, shall be removed, shall become incapable of acting, or shall be adjudicated a bankrupt or insolvent, or if a receiver, liquidator, or conservator of the Bond Registrar or of the property thereof shall be appointed, or if any public officer shall take charge or control of the Bond Registrar or of the property or affairs thereof, the City covenants and agrees that it will thereupon appoint a successor Bond Registrar. The City shall give notice of any such appointment made by it to each registered owner of any Bond within twenty days after such appointment in any reasonable manner as the City shall select. Any Bond Registrar appointed under the provisions of this Section shall be a bank, trust company, or national banking association, and having capital and surplus and undivided profits in excess of $50,000,000. The City Clerk of the City is hereby directed to file a certified copy of this Ordinance with the Bond Registrar. Section 20. Defeasance. Any Bond or Bonds (a) which are paid and cancelled; (b) which have matured and for which sufficient sums been deposited with the Bond Registrar to pay all principal and interest due thereon; or (c) (i) for which sufficient funds and Defeasance Obligations have been deposited with the Bond Registrar or similar institution to pay, taking into account investment earnings 366 of 611 -38- on such obligations, all principal of and interest on such Bond or Bonds when due at maturity, pursuant to an irrevocable escrow or trust agreement, (ii) accompanied by an opinion of Bond Counsel or Other Bond Counsel as to compliance with the covenants with respect to such Bonds, and (iii) accompanied by an express declaration of defeasance by the Corporate Authorities; shall cease to have any lien on or right to receive or be paid from Bond Moneys or the Bond Fund hereunder and shall no longer have the benefits of any covenant for the registered owners of outstanding Bonds as set forth herein as such relates to lien and security of the outstanding Bonds. All covenants relative to the Tax-exempt status of Tax-exempt Bonds; and payment, registration, transfer, and exchange; are expressly continued for all affected Bonds whether outstanding Bonds or not. For purposes of this Section, “Defeasance Obligations” means (a) noncallable, non-redeemable, direct and general full faith and credit obligations of the United States Treasury (“Directs”), (b) certificates of participation or trust receipts in trusts comprised wholly of Directs or (c) other noncallable, non-redeemable, obligations unconditionally guaranteed as to timely payment to maturity by the United States Treasury. Section 21. Record-Keeping Policy and Post-Issuance Compliance Matters. On the 8th day of October, 2012, the Corporate Authorities adopted a record-keeping policy (the “Policy”) in order to maintain sufficient records to demonstrate compliance with its covenants and expectations to ensure the appropriate federal tax status for the debt obligations of the City, the interest on which is excludable from “gross income” for federal income tax purposes or which enable the City or the holder to receive federal tax benefits, including, but not limited to, qualified tax credit bonds and other specified tax credit bonds. The Corporate Authorities and the City hereby reaffirm the Policy. Section 22. Publication of Ordinance. A full, true, and complete copy of this Ordinance shall be published within ten days after passage in pamphlet form by authority of the Corporate Authorities. 367 of 611 -39- Section 23. Severability. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause, or provision shall not affect any of the other provisions of this Ordinance. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 368 of 611 -40- Section 24. Superseder and Effective Date. All ordinances, resolutions, and orders, or parts thereof, in conflict with this Ordinance, are to the extent of such conflict hereby superseded; and this Ordinance shall be in full force and effect immediately upon its passage, approval and publication. ADOPTED: This 22nd day of April, 2019. AYES: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ NAYS: ___________________________________________________________________ ABSENT: ___________________________________________________________________ WITNESS AND APPROVED: April 22, 2019 _________________________________________ Mayor, City of Evanston Cook County, Illinois 369 of 611 -41- Published in pamphlet form by authority of the Corporate Authorities on April __, 2019. ATTEST: ______________________________________ City Clerk, City of Evanston Cook County, Illinois 370 of 611 EXTRACT OF MINUTES of the regular public meeting of the City Council of the City of Evanston, Cook County, Illinois, held at the City Hall, located at 2100 Ridge Avenue, in said City, at 7:00 p.m., on Monday, the 22nd day of April, 2019. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, the Mayor, Stephen H. Hagerty, being physically present at such place and time, and the following Aldermen, being physically present at such place and time, answered present: ____________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ . The following Aldermen were allowed by a majority of the Aldermen in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _________________________________________________________________________ . No Alderman was denied permission to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: _______________________________________________________________ . * * * * * * * * * * * * There being a quorum present, various business of the City was conducted. * * * * * * * * * * * * 371 of 611 -2- The City Council then discussed the proposed new Robert Crown Community Center, Ice Complex and Library Center and a proposed capital improvement program for the City and considered an ordinance providing for the issuance of one or more series of General Obligation Corporate Purpose Bonds, Series 2019A, of the City and one or more series of General Obligation Corporate Purpose Bonds, Series 2019B, of the City, authorizing the execution of one or more bond orders in connection therewith and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Thereupon, Alderman _______________ presented an ordinance entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. (the “Bond Ordinance”). A discussion of the matter followed. During the discussion, Alderman __________ gave a public recital of the nature of the matter, which included a reading of the title of the Bond Ordinance and review of the section headings, and the following further information. [Here insert further statements, if any] 372 of 611 -3- Alderman _______________ moved and Alderman _______________ seconded the motion that the Bond Ordinance as presented be adopted. The Mayor directed that the roll be called for a vote upon the motion to adopt the ordinance. Upon the roll being called, the following Aldermen voted AYE: __________________________ ___________________________________________________________________________________ . and the following Aldermen voted NAY: ___________________________________________________ WHEREUPON, the Mayor declared the motion carried and the ordinance adopted, and henceforth did approve and sign the same in open meeting, and did direct the City Clerk to record the same in full in the records of the City of Evanston, Cook County, Illinois. * * * * * * * * * * * * Other business was duly transacted at said meeting. * * * * * * * * * * * * Upon motion duly made and carried, the meeting adjourned. City Clerk 373 of 611 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATION OF AGENDA, ADOPTION MINUTES AND ORDINANCE I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that the foregoing extract of minutes is a full, true, and complete transcript of that portion of the minutes of the meeting (the “Meeting”) of the Corporate Authorities held on the 22nd day of April, 2019 insofar as the same relates to the adoption of an ordinance, numbered 27-O-19, entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. (the “Ordinance”) a true, correct, and complete copy of which Ordinance as adopted at the Meeting appears in the foregoing transcript of the minutes of the Meeting. 374 of 611 -2- I do further certify that the deliberations of the Corporate Authorities on the adoption of the Ordinance were taken openly; that the vote on the adoption of the Ordinance was taken openly; that the Meeting was held at a specified time and place convenient to the public; that notice of the Meeting was duly given to all newspapers, radio or television stations, and other news media requesting such notice; that an agenda (the “Agenda”) for the Meeting was posted at the location where the Meeting was held and at the principal office of the Corporate Authorities (both such locations being at City Hall) at least 96 hours in advance of the Meeting and also not later than 5:00 p.m. on Thursday, April 18, 2019; that said Agenda contained a separate specific item relating to the consideration of the Ordinance and that a true, correct, and complete copy of said Agenda as so posted is attached to this certificate; that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended; and the Illinois Municipal Code, as amended; and that the Corporate Authorities have complied with all of the provisions of such Act and Code and with all of the procedural rules of the Corporate Authorities in the adoption of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City this 22nd day of April, 2019. _________________________________ City Clerk [SEAL] 375 of 611 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF PUBLICATION IN PAMPHLET FORM I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official journal of proceedings, books, records, minutes, and files of the City and of the City Council (the “Corporate Authorities”) of the City. I do further certify that on the ____ day of April, 2019, there was published in pamphlet form, by authority of the City Council, a true, correct, and complete copy of Ordinance Number 27-O-19 of the City entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. and providing for the issuance of said bonds, and that the ordinance as so published was on that date readily available for public inspection and distribution, in sufficient number so as to meet the needs of the general public, at my office as City Clerk located in the City. 376 of 611 -2- IN WITNESS WHEREOF I have affixed hereto my official signature and the seal of the City this ____ day of April, 2019. _________________________________ City Clerk [SEAL] 377 of 611 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CERTIFICATE OF FILING I do hereby certify that I am the duly qualified and acting County Clerk of The County of Cook, Illinois, and as such officer I do hereby certify that on the ____ day of __________, 2019 there was filed in my office a properly certified copy of Ordinance Number 27-O-19, duly adopted by the City Council of the City of Evanston, Cook County, Illinois, on the ____ day of ______________, 2019 and entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. and approved by the Mayor of said City, and that the same has been deposited in, and all as appears from, the official files and records of my office. 378 of 611 -2- IN WITNESS WHEREOF I have hereunto affixed my official signature and the seal of The County of Cook, Illinois, this ____ day of _______________, 2019. __________________________________ County Clerk of The County of Cook, Illinois [SEAL] 379 of 611 3a. bond order 4830-2986-6377 v5 2270718 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) BOND ORDER IN CONNECTION WITH THE ISSUANCE OF $[2019A PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A $[2019B PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B To: City Council City of Evanston, Cook County, Illinois County Clerk of The County of Cook, Illinois GREETINGS: We are pleased to advise you as follows: A. Sale. Please be advised that the City Council (the “Corporate Authorities”) of the City of Evanston, Cook County Illinois (the “City”), has heretofore adopted on the 22nd day of April, 2019, a bond ordinance entitled: AN ORDINANCE providing for the issuance of one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019A, to finance the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and one or more series of not to exceed $18,000,000 General Obligation Corporate Purpose Bonds, Series 2019B, for capital improvements, of the City of Evanston, Cook County, Illinois, authorizing the execution of one or more bond orders in connection therewith, providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds, and authorizing and directing the sale of said bonds at public competitive sale. 380 of 611 -2- (the “2019 Bond Ordinance”), which authorizes the issuance of (i) one or more series of General Obligation Corporate Purpose Bonds, Series 2019A, of the City (the “2019A Bonds”) for the purpose of financing the construction and equipment of a new Robert Crown Community Center, Ice Complex and Library Center and paying costs related to the issuance of the 2019A Bonds; and (ii) one or more series of General Obligation Corporate Purpose Bonds, Series 2019B, of the City (the “2019B Bonds” and together with the 2019A Bonds, the “Bonds”) for the purpose of providing for various capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2019 in the City’s Capital Improvement Plan, as adopted and amended from time to time by the Corporate Authorities, and paying costs related to the issuance of the 2019B Bonds. Terms used but not defined herein shall have the same meanings as terms defined in the 2019 Bond Ordinance. 1. Responsive to authority contained in the 2019 Bond Ordinance, the undersigned Designated Officers, have sold the 2019A Bonds in the aggregate principal amount of $[2019A Par Amount] to the purchaser thereof, namely, ______________, ______________, ______________ (the “Series 2019A Purchaser”), pursuant to an Official Notice of Sale and an official Bid Form between the City and the Series 2019A Purchaser after a public competitive sale of the 2019A Bonds, held on the date hereof (the “2019A Bond Purchase Agreement”), at a price of $_________________ (representing par, [plus/minus] net original issue [premium/discount] in the amount of $_________________ and less a purchaser’s discount of $_________________). The 2019A Bonds are Tax-exempt Bonds. 2. Responsive to authority contained in the 2019 Bond Ordinance, the undersigned Designated Officers have sold the 2019B Bonds in the aggregate principal amount of $[2019B Par Amount] to the purchaser thereof, namely, ____________, _____________, __________ (the “Series 2019B Purchaser” and together with the Series 2019A Purchaser, the “Purchasers”), pursuant to an Official Notice of Sale and an official Bid Form between the City and the Series 2019A Purchaser after a 381 of 611 -3- public competitive sale of the 2019B Bonds, held on the date hereof (the “2019B Bond Purchase Agreement” and together with the 2019A Bond Purchase Agreement, the “Bond Purchase Agreements”), at a price of $_________________ (representing par, [plus/minus] net original issue [premium/discount] in the amount of $_________________ and less a purchaser’s discount of $_________________). 3. The price to be paid to the City for each Series of the Bonds is not less than 99.0% of the par amount of the respective Series of the Bonds. B. FINDINGS The following further conditions have also been met: 1. 2019A BONDS. (a) We have received the required certificates and reports of the Financial Advisors supporting our statements herein. (b) The 2019A Bonds do not exceed the maximum authorized amount of $__________________. (c) No interest rate on the 2019A Bonds exceeds ________% per annum. (d) The final maturity date of the 2019A Bonds does not extend past December 1, 20___. (e) The sum of the principal of and interest on the 2019A Bonds due (or subject to mandatory redemption) in any given annual period from December 2 to the following December 1 (a “Bond Year”) does not exceed $_____________. (f) The terms of the 2019A Bonds are fair and reasonable in light of current conditions in the market for tax-exempt obligations such as the 2019A Bonds. 2. 2019B BONDS. (a) We have received the required certificates and reports of the Financial Advisors supporting our statements herein. (b) The 2019B Bonds do not exceed the maximum authorized amount of $_____________. (c) No interest rate on the 2019B Bonds exceeds ____% per annum. (d) The final maturity date of the 2019B Bonds does not extend past December 1, 20___. (e) The sum of the principal of and interest on the 2019B Bonds due (or subject to 382 of 611 -4- mandatory redemption) in any Bond Year does not exceed $____________. (f) The terms of the 2019B Bonds are fair and reasonable in light of current conditions in the market for tax-exempt obligations such as the 2019B Bonds. C. NO CONFLICTS No person responsible for the sale of any Series of the Bonds (being the Mayor, City Clerk, City Manager, City Treasurer/Chief Financial Officer and Corporation Counsel) and holding any office of the City, either by election or appointment, is in any manner financially interested, either directly, in his or her own name, or indirectly, in the name of any other person, association, trust or corporation, in any of the Bond Purchase Agreements with any of the Purchasers for the sale of the Bonds. D. TERMS OF THE BONDS The 2019A Bonds shall be designated “General Obligation Corporate Purpose Bonds, Series 2019A.” Pursuant to the terms of the 2019A Bond Purchase Agreement, the 2019A Bonds shall be issued in the amount of $[2019A Par Amount]; shall be dated as of the date of delivery thereof; and shall have the further terms as is set forth in Exhibit I attached hereto and incorporated herein by reference. The 2019B Bonds shall be designated “General Obligation Corporate Purpose Bonds, Series 2019B.” Pursuant to the terms of the 2019B Bond Purchase Agreement, the 2019B Bonds shall be issued in the amount of $[2019B Par Amount]; shall be dated as of the date of delivery thereof; and shall have the further terms as is set forth in Exhibit I attached hereto and incorporated herein by reference. The Bonds are being issued as Tax-Exempt Bonds. E. TAXES Section 11 of the 2019 Bond Ordinance provides for direct annual taxes sufficient to pay the principal of and interest on each Series of the Bonds promptly when and as the same falls due at 383 of 611 -5- maturity or as subject to mandatory redemption. Please be further advised that the Bonds were sold on terms resulting in a final schedule of taxes levied and to be extended as set forth in Exhibit II attached hereto and incorporated herein by reference. F. BOND INSURANCE The Purchasers have not requested and no Bond Insurance has been procured as of the date hereof for the payment of principal of and interest on the Bonds. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 384 of 611 -6- G. DEPOSITS INTO FUNDS At the time of execution of this Bond Order, the proceeds of the Bonds are expected to be used substantially as follows: 2019A BONDS 385 of 611 -7- Derived as follows: ($) (1) Par Amount [2019A Par Amount].00 (2) Reoffering Premium (+) _____________ (3) Purchaser’s Discount (-) (_____________) (4) Purchase Price (=) _____________ (5) Total Received by City (=) _____________ Allocated or spent as follows: ($) (a) Costs of Issuance to be paid directly or to 2019A Expense Fund _____________ (b) Deposit to Robert Crown Project Fund _____________ (c) Contingency (for costs of issuance, or, if not needed, to 2019A Bond Fund) _____________ (d) Deposit to 2019A Bond Fund for capitalized interest through _________, 20__ _____________ (e) Total (=) _____________ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 386 of 611 -8- 2019B BONDS (1) Par Amount [2019B Par Amount].00 (2) Reoffering Premium (+) _____________ (3) Purchaser’s Discount (-) (_____________) (4) Purchase Price (=) _____________ (5) Total Received by City (=) _____________ Allocated or spent as follows: ($) (a) Costs of Issuance to be paid directly or to 2019B Expense Fund _____________ (b) Deposit to Capital Improvement Project Fund _____________ (c) Contingency (for costs of issuance, or, if not needed, to 2019B Bond Fund) _____________ (d) Deposit to 2019B Bond Fund for capitalized interest through _________, 20__ _____________ (e) Total (=) _____________ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 387 of 611 -9- H. BOND REGISTRAR The Bond Registrar and Paying Agent for the Bonds is ____________________________. I. RECORDS Finally, please be advised that this Bond Order shall be entered into the records of the City and made available to all members of the Corporate Authorities at a public meeting thereof held after the date hereof. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 388 of 611 -10- Respectfully submitted as of this _____ day of May, 2019.* ___________________________________________ Mayor ___________________________________________ City Clerk ___________________________________________ City Treasurer/Chief Financial Officer ___________________________________________ City Manager ACKNOWLEDGMENT OF FILING Filed in the office of the City Clerk of the City of Evanston, Cook County, Illinois, this ____ day of __________, 2019. * To be executed by not less than two of the four officers, one of whom must be elected. 389 of 611 -11- _________________________________________ City Clerk City of Evanston Cook County, Illinois 390 of 611 EXHIBITS: EXHIBIT DESCRIBES I Terms of the Bonds II Taxes to be levied for the Bonds 391 of 611 EXHIBIT I TERMS OF THE BONDS THE 2019A BONDS The 2019A Bonds are due serially on December 1 of the years and in the amounts and bear interest at the rates percent per annum as follows: YEAR AMOUNT ($) RATE (%) 392 of 611 -2- Each of the 2019A Bonds bears interest from the later of the dated date as stated above or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2019A Bond, respectively, is paid or duly provided for, such interest (computed upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing on ____________ 1, 20__. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 393 of 611 -3- 2019A BOND REDEMPTION Mandatory Redemption. [The 2019A Bonds are not subject to mandatory redemption.][The 2019A Bonds due on December 1, 20__, are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Registrar, at a redemption price of par plus accrued interest to the redemption date, on December 1 of the years and in the principal amounts as follows: 394 of 611 -4- YEAR PRINCIPAL AMOUNT Optional Redemption. [The 2019A Bonds are not subject to optional redemption.][The 2019A Bonds maturing on or after December 1, 20__, are subject to redemption at the option of the City, in whole or in part, in any order of maturity and if in part, in principal amounts that are integral multiples of $5,000 and as applicable to any mandatory redemption requirement as the City may determine, on any date on or after December 1, 20__, at a price equal to par plus accrued interest to the date fixed for redemption.] THE 2019B BONDS The 2019B Bonds are due serially on December 1 of the years and in the amounts and bear interest at the rates percent per annum as follows: YEAR AMOUNT ($) RATE (%) Each of the 2019B Bonds bears interest from the later of the dated date as stated above or from the most recent interest payment date to which interest has been paid or duly provided for, until the principal amount of such 2019B Bond, respectively, is paid or duly provided for, such interest (computed 395 of 611 -5- upon the basis of a 360-day year of twelve 30-day months) being payable on June 1 and December 1 of each year, commencing on __________ 1, 20__. 2019B BOND REDEMPTION Mandatory Redemption. [The 2019B Bonds are not subject to mandatory redemption.][The 2019B Bonds due on December 1, 20__, are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Registrar, at a redemption price of par plus accrued interest to the redemption date, on December 1 of the years and in the principal amounts as follows: YEAR PRINCIPAL AMOUNT Optional Redemption. [The 2019B Bonds are not subject to optional redemption.][The 2019B Bonds maturing on or after December 1, 20__, are subject to redemption at the option of the City, in whole or in part, in any order of maturity and if in part, in principal amounts that are integral multiples of $5,000 and as applicable to any mandatory redemption requirement as the City may determine, on any date on or after December 1, 20__, at a price equal to par plus accrued interest to the date fixed for redemption.] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 396 of 611 EXHIBIT II TAX LEVY FOR BONDS THE 2019A BONDS 397 of 611 -2- YEAR A TAX SUFFICIENT TO PRODUCE THE DOLLAR ($) AMOUNT 2019 $ for interest and principal up to and including December 1, 2020 398 of 611 -3- THE 2019B BONDS YEAR A TAX SUFFICIENT TO PRODUCE THE DOLLAR ($) AMOUNT 2019 $ for interest and principal up to and including December 1, 2020 399 of 611 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) NOTIFICATION OF BOND TERMS AND DIRECTION FOR COLLECTION OF TAXES $[2019A PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A $[2019B PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B TO: THE COUNTY CLERK OF THE COUNTY OF COOK, ILLINOIS: GREETINGS. Please take note of the advice and terms on the attached Bond Order (the “Bond Order”), dated as of the _____ day of May, 2019, for the aggregate principal amount of $[2019A Par Amount] General Obligation Corporate Purpose Bonds, Series 2019A, and $[2019B Par Amount] General Obligation Corporate Purpose Bonds, Series 2019B, of the City of Evanston, Cook County, Illinois (the “City”), which Bond Order has been executed by at least two of the Mayor, City Clerk, City Treasurer/Chief Financial Officer and City Manager (at least one of whom is an elected official) of the City. Terms used herein are by reference to the Bond Order. YOU ARE ACCORDINGLY ORDERED AND DIRECTED to collect taxes, levied in the bond ordinance authorizing the issuance of the Bonds, as enumerated in the Bond Order. 400 of 611 -2- IN WITNESS WHEREOF we hereunto affix our official signatures as of this _____ day of May, 2019. _________________________________________ Mayor City of Evanston Cook County, Illinois _________________________________________ City Clerk City of Evanston Cook County, Illinois 401 of 611 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) FILING CERTIFICATE $[2019A PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A $[2019B PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B I, the undersigned, do hereby certify that I am the duly elected, qualified and acting County Clerk of The County of Cook, Illinois (the “County”), and as such officer I do further certify that on the ____ day of June, 2019, there was filed in my office as County Clerk a BOND ORDER IN CONNECTION WITH THE ISSUANCE OF $[2019A Par Amount] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A, AND $[2019B Par Amount] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B, of the City of Evanston, Cook County, Illinois (the “City”), which Bond Order has been executed by by at least two of the Mayor, City Clerk, City Treasurer/Chief Financial Officer and City Manager (at least one of whom is an elected official) of the City, has been dated as of the _____ day of May, 2019, and is accompanied by a NOTIFICATION OF BOND TERMS AND DIRECTION FOR COLLECTION OF TAXES, signed by the Mayor and City Clerk of said City, each as attached hereto, and that said Bond Order and said Notification of Bond Terms and Direction for Collection of Taxes have each been placed on file in and do appear in the records of my office; and that, further, said taxes levied for the payment of said City’s General Obligation Corporate Purpose Bonds, Series 2019A, and General Obligation Corporate Purpose Bonds, Series 2019B, will be extended for collection as provided in said Bond Order. 402 of 611 -2- IN WITNESS WHEREOF I hereunto affix my official signature and the seal of The County of Cook, Illinois, this ____ day of June, 2019. _________________________________________ County Clerk of The County of Cook, Illinois [SEAL] 403 of 611 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) AVAILABILITY OF BOND ORDER $[2019A PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A $[2019B PAR AMOUNT] GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Evanston, Cook County, Illinois (the “City”), and as such official I am the keeper of the official books, records, minutes and files of the City and of the City Council thereof (the “Corporate Authorities”). I do further certify that I will make available to all members of the Corporate Authorities at the next regular meeting of the Corporate Authorities, a Bond Order for $[2019A Par Amount] General Obligation Corporate Purpose Bonds, Series 2019A, and $[2019B Par Amount] General Obligation Corporate Purpose Bonds, Series 2019B, a true, correct and complete copy of which is attached hereto. IN WITNESS WHEREOF I hereunto affix my official signature, this _____ day of May, 2019. _________________________________________ City Clerk City of Evanston, Cook County, Illinois 404 of 611 3b. continuing disclosure undertaking 4823-4200-0521 v2 2270064 CONTINUING DISCLOSURE UNDERTAKING FOR THE PURPOSE OF PROVIDING CONTINUING DISCLOSURE INFORMATION UNDER SECTION (b)(5) OF RULE 15c2-12 This Continuing Disclosure Undertaking (this “Agreement”) is executed and delivered by the City of Evanston, Cook County, Illinois (the “City”), in connection with the issuance of $_________________ General Obligation Corporate Purpose Bonds, Series 2019A, and $_________________ General Obligation Corporate Purpose Bonds, Series 2019B (together, the “Bonds”). The Bonds are being issued pursuant to an ordinance adopted by the City Council of the City on the 22nd day of April, 2019 (as supplemented by the Bond Order authorized therein and executed in connection with the sale of the Bonds, the “Ordinance”). In consideration of the issuance of the Bonds by the City and the purchase of such Bonds by the beneficial owners thereof, the City covenants and agrees as follows: 1. PURPOSE OF THIS AGREEMENT. This Agreement is executed and delivered by the City as of the date set forth below, for the benefit of the beneficial owners of the Bonds and in order to assist the Participating Underwriters in complying with the requirements of the Rule (as defined below). The City represents that it will be the only obligated person with respect to the Bonds at the time the Bonds are delivered to the Participating Underwriters and that no other person is expected to become so committed at any time after issuance of the Bonds. 2. DEFINITIONS. The terms set forth below shall have the following meanings in this Agreement, unless the context clearly otherwise requires. Annual Financial Information is defined in the Official Statement. Annual Financial Information Disclosure means the dissemination of disclosure concerning Annual Financial Information and the dissemination of the Audited Financial Statements as set forth in Section 4. Audited Financial Statements means the audited financial statements of the City prepared pursuant to the principles and as described in Exhibit I. Commission means the Securities and Exchange Commission. Dissemination Agent means any agent designated as such in writing by the City and which has filed with the City a written acceptance of such designation, and such agent’s successors and assigns. EMMA means the MSRB through its Electronic Municipal Market Access system for municipal securities disclosure or through any other electronic format or system prescribed by the MSRB for purposes of the Rule. Exchange Act means the Securities Exchange Act of 1934, as amended. 405 of 611 -2- Financial Obligation means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that “financial obligation” shall not include municipal securities as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. MSRB means the Municipal Securities Rulemaking Board. Official Statement means the Final Official Statement, dated ______________, 2019, and relating to the Bonds. Participating Underwriter means each broker, dealer or municipal securities dealer acting as an underwriter in the primary offering of the Bonds. Reportable Event means the occurrence of any of the Events with respect to the Bonds set forth in Exhibit II. Reportable Events Disclosure means dissemination of a notice of a Reportable Event as set forth in Section 5. Rule means Rule 15c2-12 adopted by the Commission under the Exchange Act, as the same may be amended from time to time. State means the State of Illinois. Undertaking means the obligations of the City pursuant to Sections 4 and 5. 3. CUSIP NUMBERS. The CUSIP Numbers of the Bonds are set forth in Exhibit III. The City will include the CUSIP Numbers in all disclosure materials described in Sections 4 and 5 of this Agreement. 4. ANNUAL FINANCIAL INFORMATION DISCLOSURE. Subject to Section 8 of this Agreement, the City hereby covenants that it will disseminate its Annual Financial Information and its Audited Financial Statements (in the form and by the dates set forth in Exhibit I) to EMMA in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information and by such time so that such entities receive the information by the dates specified. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents required to be filed with EMMA, including financial statements and other externally prepared reports. If any part of the Annual Financial Information can no longer be generated because the operations to which it is related have been materially changed or discontinued, the City will disseminate a statement to such effect as part of its Annual Financial Information for the year in which such event first occurs. 406 of 611 -3- If any amendment or waiver is made to this Agreement, the Annual Financial Information for the year in which such amendment or waiver is made (or in any notice or supplement provided to EMMA) shall contain a narrative description of the reasons for such amendment or waiver and its impact on the type of information being provided. 5. REPORTABLE EVENTS DISCLOSURE. Subject to Section 8 of this Agreement, the City hereby covenants that it will disseminate in a timely manner (not in excess of ten business days after the occurrence of the Reportable Event) Reportable Events Disclosure to EMMA in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents required to be filed with EMMA, including financial statements and other externally prepared reports. Notwithstanding the foregoing, notice of optional or unscheduled redemption of any Bonds or defeasance of any Bonds need not be given under this Agreement any earlier than the notice (if any) of such redemption or defeasance is given to the Bondholders pursuant to the Ordinance. 6. CONSEQUENCES OF FAILURE OF THE CITY TO PROVIDE INFORMATION. The City shall give notice in a timely manner to EMMA of any failure to provide Annual Financial Information Disclosure when the same is due hereunder. In the event of a failure of the City to comply with any provision of this Agreement, the beneficial owner of any Bond may seek mandamus or specific performance by court order, to cause the City to comply with its obligations under this Agreement. A default under this Agreement shall not be deemed a default under the Ordinance, and the sole remedy under this Agreement in the event of any failure of the City to comply with this Agreement shall be an action to compel performance. 7. AMENDMENTS; WAIVER. Notwithstanding any other provision of this Agreement, the City by ordinance or resolution authorizing such amendment or waiver, may amend this Agreement, and any provision of this Agreement may be waived, if: (a) (i) The amendment or waiver is made in connection with a change in circumstances that arises from a change in legal requirements, including without limitation, pursuant to a “no-action” letter issued by the Commission, a change in law, or a change in the identity, nature, or status of the City, or type of business conducted; or (ii) This Agreement, as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (b) The amendment or waiver does not materially impair the interests of the beneficial owners of the Bonds, as determined by parties unaffiliated with the City (such as Bond Counsel). 407 of 611 -4- In the event that the Commission or the MSRB or other regulatory authority shall approve or require Annual Financial Information Disclosure or Reportable Events Disclosure to be made to a central post office, governmental agency or similar entity other than EMMA or in lieu of EMMA, the City shall, if required, make such dissemination to such central post office, governmental agency or similar entity without the necessity of amending this Agreement. 8. TERMINATION OF UNDERTAKING. The Undertaking of the City shall be terminated hereunder if the City shall no longer have any legal liability for any obligation on or relating to repayment of the Bonds under the Ordinance. The City shall give notice to EMMA in a timely manner if this Section is applicable. 9. DISSEMINATION AGENT. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. 10. ADDITIONAL INFORMATION. Nothing in this Agreement shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Agreement or any other means of communication, or including any other information in any Annual Financial Information Disclosure or notice of occurrence of a Reportable Event, in addition to that which is required by this Agreement. If the City chooses to include any information from any document or notice of occurrence of a Reportable Event in addition to that which is specifically required by this Agreement, the City shall have no obligation under this Agreement to update such information or include it in any future disclosure or notice of occurrence of a Reportable Event. 11. BENEFICIARIES. This Agreement has been executed in order to assist the Participating Underwriters in complying with the Rule; however, this Agreement shall inure solely to the benefit of the City, the Dissemination Agent, if any, and the beneficial owners of the Bonds, and shall create no rights in any other person or entity. 12. RECORDKEEPING. The City shall maintain records of all Annual Financial Information Disclosure and Reportable Events Disclosure, including the content of such disclosure, the names of the entities with whom such disclosure was filed and the date of filing such disclosure. 13. ASSIGNMENT. The City shall not transfer its obligations under the Ordinance unless the transferee agrees to assume all obligations of the City under this Agreement or to execute an Undertaking under the Rule. 408 of 611 -5- 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State. CITY OF EVANSTON, COOK COUNTY, ILLINOIS By ____________________________________ Mayor Date: ________________, 2019 409 of 611 EXHIBIT I EXHIBIT I ANNUAL FINANCIAL INFORMATION AND TIMING AND AUDITED FINANCIAL STATEMENTS All or a portion of the Annual Financial Information and the Audited Financial Statements as set forth below may be included by reference to other documents which have been submitted to EMMA or filed with the Commission. If the information included by reference is contained in a Final Official Statement, the Final Official Statement must be available on EMMA; the Final Official Statement need not be available from the Commission. The City shall clearly identify each such item of information included by reference. Annual Financial Information exclusive of Audited Financial Statements will be submitted to EMMA by 270 days after the last day of the City’s fiscal year (currently December 31), beginning with the fiscal year ending December 31, 2018. Audited Financial Statements as described below should be filed at the same time as the Annual Financial Information. If Audited Financial Statements are not available when the Annual Financial Information is filed, Audited Financial Statements will be submitted to EMMA within 30 days after availability to the City. Audited Financial Statements will be prepared in accordance with accounting principles generally accepted in the United States of America. If any change is made to the Annual Financial Information as permitted by Section 4 of the Agreement, the City will disseminate a notice of such change as required by Section 4. 410 of 611 EXHIBIT II EXHIBIT II EVENTS WITH RESPECT TO THE BONDS FOR WHICH REPORTABLE EVENTS DISCLOSURE IS REQUIRED 1. Principal and interest payment delinquencies 2. Non-payment related defaults, if material 3. Unscheduled draws on debt service reserves reflecting financial difficulties 4. Unscheduled draws on credit enhancements reflecting financial difficulties 5. Substitution of credit or liquidity providers, or their failure to perform 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security 7. Modifications to the rights of security holders, if material 8. Bond calls, if material, and tender offers 9. Defeasances 10. Release, substitution or sale of property securing repayment of the securities, if material 11. Rating changes 12. Bankruptcy, insolvency, receivership or similar event of the City∗ 13. The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material 15. (a) Incurrence of a Financial Obligation of the City, if material, or (b) an agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material. 16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. ∗ This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. 411 of 611 EXHIBIT III EXHIBIT III CUSIP NUMBERS SERIES 2019A YEAR OF MATURITY CUSIP NUMBER (299228) SERIES 2019B YEAR OF MATURITY CUSIP NUMBER (299228) 412 of 611 C\1311280.4 PRELIMINARY OFFICIAL STATEMENT DATED APRIL __, 2019 Sale Date and Time: May 16, 2019 [10:15 A.M.] Central Time NEW ISSUES BOOK ENTRY ONLY Ratings: Moody’s: “__” Fitch: “__” (See “BOND RATINGS” herein) Subject to compliance by the City and certain 501(c)(3) organizations with certain covenants, in the opinion of Chapman and Cutler LLP, Chicago, Illinois, Bond Counsel (“Bond Counsel”), under present law, interest on the Series A Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the alternative minimum tax for individuals. Subject to compliance by the City with certain covenants, in the opinion of Bond Counsel, under present law, interest on the Series B Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals. Interest on the Bonds is not exempt from present State of Illinois income taxes. See “TAX EXEMPTION” herein for a more complete discussion. CITY OF EVANSTON COOK COUNTY, ILLINOIS $13,285,000 * GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A $13,280,000* GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B Dated: Date of Delivery Due: December 1, as shown on inside cover The $13,285,000* General Obligation Corporate Purpose Bonds, Series 2019A (the “Series A Bonds”) and the $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B (the “Series B Bonds” and together with the Series A Bonds, the “Bonds”) of the City of Evanston, Cook County, Illinois (the “City”), will bear interest from their dated date at the rates per annum as shown on the inside cover pages. Interest on the Bonds (computed on the basis of a 360-day year consisting of twelve 30 day months) will be payable semi-annually on each June 1 and December 1, commencing December 1, 2019. The Bonds will be issued in integral multiples of $5,000. The Bonds are subject to redemption prior to their maturity as more fully described in this Official Statement. See “THE BONDS – Optional Redemption” and “– Mandatory Sinking Fund Redemption” herein. The Bonds will be issued in book-entry form, as registered in the name of Cede & Co., as registered owner and nominee of The Depository Trust Company, New York, New York (“DTC”). Payments of principal and interest on the Bonds will be made by Zions Bancorporation, National Association, Chicago, Illinois, as paying agent and bond registrar (the “Bond Registrar”) to Cede & Co., which will, in turn, remit such payments to the DTC participants for subsequent disbursements to the Beneficial Owners (as defined in this Official Statement) of the Bonds. Purchases of the Bonds will be made in book-entry-only form and individual purchasers will not receive physical delivery of bond certificates. In the opinion of Bond Counsel, the Bonds are valid and legally binding upon the City and are payable from any funds of the City legally available for such purpose, and all taxable property in the City is subject to the levy of taxes to pay the same without limitation as to rate or amount, except that the rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, moratorium, reorganization, and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial discretion. Financial Advisors: PFM Financial Advisors LLC and Independent Public Advisors, LLC. Not Bank Qualified: The Bonds are not “qualified tax-exempt obligations.” Delivery: Delivery of the Bonds is expected on June 10, 2019. The date of this Official Statement is May __, 2019. (THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR QUICK REFERENCE ONLY. IT IS NOT A SUMMARY OF THIS ISSUE. INVESTORS MUST READ THE ENTIRE OFFICIAL STATEMENT TO OBTAIN INFORMATION ESSENTIAL TO THE MAKING OF AN INFORMED INVESTMENT DECISION.) *Preliminary, subject to change. This Preliminary Official Statement and the information contained herein are subject to completion and amendment. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation, or sale would be unlawful prior to registration or qualification under the securities laws of any such jurisdiction. Within seven (7) business days following the sale of the Bonds herein described, the City will make available its final Official Statement, dated as of the date of such sale, with respect to the Bonds. 413 of 611 ii C\1311280.4 Maturity and Pricing Schedule, and CUSIP Numbers City of Evanston, Cook County, Illinois $13,285,000 * General Obligation Corporate Purpose Bonds, Series 2019A Year Year (Dec. 1) Amount* Rate* Yield* CUSIP** (Dec. 1) Amount* Rate* Yield* CUSIP ** 2022 $345,000 % % 2033 $590,000 % % 2023 365,000 % % 2034 620,000 % % 2024 380,000 % % 2035 650,000 % % 2025 400,000 % % 2036 685,000 % % 2026 420,000 % % 2037 715,000 % % 2027 440,000 % % 2038 755,000 % % 2028 465,000 % % 2039 790,000 % % 2029 485,000 % % 2040 830,000 % % 2030 510,000 % % 2041 870,000 % % 2031 535,000 % % 2042 915,000 % % 2032 560,000 % % 2043 960,000 % % $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B Year Year (Dec. 1) Amount* Rate* Yield* CUSIP** (Dec. 1) Amount* Rate* Yield* CUSIP** 2020 $400,000 % % 2030 $ 655,000 % % 2021 420,000 % % 2031 685,000 % % 2022 445,000 % % 2032 720,000 % % 2023 465,000 % % 2033 755,000 % % 2024 490,000 % % 2034 795,000 % % 2025 515,000 % % 2035 835,000 % % 2026 540,000 % % 2036 875,000 % % 2027 565,000 % % 2037 920,000 % % 2028 595,000 % % 2038 965,000 % % 2029 625,000 % % 2039 1,015,000 % % *Final amounts, interest rates, and reoffering yields will be set forth in the final Official Statement described herein. **CUSIP data herein is provided by the CUSIP Global Services, managed on behalf of the American Bankers Association by S&P Capital IQ, a part of McGraw-Hill Companies Financial. No representations are made as to the correctness of the CUSIP numbers. These CUSIP numbers may also be subject to change after the issuance of the Bonds. 414 of 611 iii C\1311280.4 This Official Statement (the “Official Statement”) should be considered in its entirety and no one factor should be considered more or less important than any other by reason of its position in this Official Statement. Where statutes, reports, or other documents are referred to herein, reference should be made to such statutes, reports, or other documents for more complete information regarding the rights and obligations of parties thereto, facts and opinions contained therein and the subject matter thereof. No dealer, broker, salesman, or other person has been authorized by the City or the Underwriters (as hereinafter defined) to give any information or to make any representations, other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by either the foregoing or by the City. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the Bonds by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation, or sale. The information set forth herein has been obtained from the City and by DTC and other sources that are believed to be reliable, but such information is not guaranteed as to accuracy or completeness and is not to be construed as a representation by the Underwriters. The information and expressions of opinion herein are subject to change without notice and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City since the date as of which information is given in this Official Statement. Any statements made in this Official Statement, including the Appendices, involving matters of opinion or estimates, whether or not so expressly stated are set forth as such and not as representations of fact, and no representation is made that any of such estimates will be realized. This Official Statement contains certain forward-looking statements and information that are based on the City’s beliefs as well as assumptions made by and information currently available to the City. Such statements are subject to certain risks, uncertainties, and assumptions. Should one or more of these risks or uncertainties materialize, or should underlying assumptions prove incorrect, actual results may vary materially from those anticipated, estimated, or expected. This Preliminary Official Statement is in a form deemed final by the City for the purposes of paragraph (b)(1) of Rule 15c2-12 (the “Rule”) under the Securities Exchange Act of 1934, as amended (except for certain information permitted to be omitted under paragraph (b)(1) of the Rule). THE BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933 NOR HAS THE BOND ORDINANCE BEEN QUALIFIED UNDER THE TRUST INDENTURE ACT OF 1939 IN RELIANCE UPON EXEMPTIONS CONTAINED IN SUCH ACTS. THE REGISTRATION OR QUALIFICATION OF THE BONDS IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SECURITIES LAWS OF THE STATES IN WHICH THE BONDS HAVE BEEN REGISTERED OR QUALIFIED AND THE EXEMPTION FROM REGISTRATION OR QUALIFICATION IN OTHER STATES CANNOT BE REGARDED AS A RECOMMENDATION THEREOF. NEITHER THESE STATES NOR ANY OF THEIR AGENCIES HAVE MADE RECOMMENDATION THEREOF. NEITHER THESE STATES NOR ANY OF THEIR AGENCIES HAVE PASSED UPON THE MERITS OF THE BONDS OR THE ACCURACY OR COMPLETENESS OF THIS OFFICIAL STATEMENT. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE. CERTAIN PERSONS PARTICIPATING IN THIS OFFERING MAY ENGAGE IN TRANSACTIONS THAT MAINTAIN OR OTHERWISE AFFECT THE PRICE OF THE BONDS. SPECIFICALLY, THE UNDERWRITERS MAY OVERALLOT IN CONNECTION WITH THE OFFERING, AND MAY BID FOR, AND PURCHASE, THE BONDS IN THE OPEN MARKET. THE PRICES AND OTHER TERMS RESPECTING THE OFFERING AND SALE OF THE BONDS MAY BE CHANGED FROM TIME TO TIME BY THE UNDERWRITERS AFTER THE BONDS ARE RELEASED FOR SALE, AND THE BONDS MAY BE OFFERED AND SOLD AT PRICES OTHER THAN THE INITIAL OFFERING PRICES, INCLUDING SALES TO DEALERS WHO MAY SELL THE BONDS INTO INVESTMENT ACCOUNTS. PRICES OF THE BONDS AS TRADED IN THE SECONDARY MARKET ARE SUBJECT TO ADJUSTMENT UPWARD AND DOWNWARD IN RESPONSE TO CHANGES IN THE CREDIT MARKETS AND OTHER PREVAILING CIRCUMSTANCES. NO GUARANTEE EXISTS AS TO THE FUTURE MARKET VALUE OF THE BONDS. SUCH MARKET VALUE COULD BE SUBSTANTIALLY DIFFERENT FROM THE ORIGINAL PURCHASE PRICE. THE BONDS HAVE RISK CHARACTERISTICS WHICH REQUIRE CAREFUL ANALYSIS AND CONSIDERATION BEFORE A DECISION TO PURCHASE IS MADE. THE BONDS SHOULD BE PURCHASED BY INVESTORS WHO HAVE ADEQUATE EXPERIENCE TO EVALUATE THE MERITS AND RISKS OF THE BONDS. PROSPECTIVE INVESTORS ARE NOT TO CONSTRUE THE CONTENTS OF THIS OFFICIAL STATEMENT OR ANY PRIOR OR SUBSEQUENT COMMUNICATION FROM THE UNDERWRITERS, THEIR AFFILIATES, OFFICERS, AND EMPLOYEES OR ANY PROFESSIONAL ASSOCIATED WITH THIS OFFERING AS INVESTMENT OR LEGAL ADVICE. EACH PROSPECTIVE INVESTOR SHOULD CONSULT ITS OWN COUNSEL, ACCOUNTANT, AND OTHER ADVISORS AS TO FINANCIAL, LEGAL, AND RELATED MATTERS CONCERNING THE INVESTMENT DESCRIBED HEREIN. Pursuant to continuing disclosure requirements promulgated by the Securities and Exchange Commission in the Rule, the City will enter into a Continuing Disclosure Undertaking. For a description of the Continuing Disclosure Undertaking, see “CONTINUING DISCLOSURE” and “THE UNDERTAKING” herein and APPENDIX C. References herein to laws, rules, regulations, ordinances, resolutions, agreements, reports, and other documents do not purport to be comprehensive or definitive. All references to such documents are qualified to their entirety by reference to the particular document, the full text of which may contain qualifications of and exceptions to statements made herein. Where full texts have not been included as appendices to this Official Statement they will be furnished on request. References to website addresses presented herein are for informational purposes only and may be in the form of a hyperlink solely for the reader’s convenience. Unless specified otherwise, such websites and the information or links contained therein are not incorporated into, and are not part of, this Official Statement for purposes of, and as that term is defined in, the Rule. Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision. 415 of 611 iv C\1311280.4 CITY OF EVANSTON 2100 Ridge Avenue Evanston, Illinois 60201 (847) 328-2100 MAYOR Stephen H. Hagerty CITY COUNCIL 1st Ward Judy Fiske 2nd Ward Peter Braithwaite 3rd Ward Melissa A. Wynne 4th Ward Donald N. Wilson 5th Ward Robin Rue Simmons 6th Ward Thomas M. Suffredin 7th Ward Eleanor Revelle 8th Ward Ann Rainey 9th Ward Cicely L. Fleming CITY CLERK Devon Reid CITY ADMINISTRATION City Manager Wally Bobkiewicz Chief Financial Officer/Treasurer Hitesh Desai Assistant City Manager Erika Storlie Corporation Counsel Michelle L. Masoncup PROFESSIONAL SERVICES Bond Counsel Chapman and Cutler LLP Chicago, Illinois Financial Advisors PFM Financial Advisors LLC Independent Public Advisors, LLC Disclosure Counsel Ice Miller LLP Chicago, Illinois Auditor Sikich LLP Naperville, Illinois Bond Registrar and Paying Agent Zions Bancorporation, National Association Chicago, Illinois 416 of 611 v TABLE OF CONTENTS INTRODUCTION..........................................................................................................................1 PURPOSE OF THE BONDS ........................................................................................................1 SOURCES AND USES OF FUNDS .............................................................................................1 SECURITY FOR THE BONDS ...................................................................................................2 THE BONDS ..................................................................................................................................2 General .....................................................................................................................................2 Optional Redemption ...............................................................................................................2 [Mandatory Sinking Fund Redemption] ...................................................................................3 Redemption Procedures ............................................................................................................3 Defeasance ................................................................................................................................4 Book-Entry-Only System .........................................................................................................4 CERTAIN RISK FACTORS ........................................................................................................6 Local Economy .........................................................................................................................6 Finances of the State of Illinois ................................................................................................6 Cybersecurity ............................................................................................................................6 Loss or Change of Bond Rating ...............................................................................................7 Secondary Market for the Bonds ..............................................................................................7 Continuing Disclosure ..............................................................................................................7 Suitability of Investment ..........................................................................................................7 Future Changes in Laws ...........................................................................................................7 Factors Relating to Tax-Exemption .........................................................................................7 Bankruptcy ...............................................................................................................................8 THE PROJECTS ...........................................................................................................................8 THE CITY ......................................................................................................................................9 General .....................................................................................................................................9 Northwestern University ..........................................................................................................9 Government ..............................................................................................................................9 Administration ..........................................................................................................................9 Development Activity and City Layout .................................................................................10 Labor Relations ......................................................................................................................10 Economic and Demographic Data ..........................................................................................10 Education and Employment ...................................................................................................11 Population ...............................................................................................................................12 Building Permits .....................................................................................................................12 Transportation ........................................................................................................................12 Employment ...........................................................................................................................13 Industry ...................................................................................................................................13 Unemployment .......................................................................................................................13 FINANCES ...................................................................................................................................13 Budget Process, Accounting, and Financial Control Procedures ...........................................13 417 of 611 vi C\1311280.4 Financial Statements and Independent Audits .......................................................................14 Cash Management ..................................................................................................................14 Revenues ................................................................................................................................14 Sales Taxes .............................................................................................................................15 Personal Property Replacement Taxes ...................................................................................15 Utility Taxes ...........................................................................................................................15 Overview of Budget for Fiscal Years 2017, 2018, and 2019 .................................................16 Summary of Financial Information ........................................................................................16 Insurance Coverage ................................................................................................................17 GENERAL OBLIGATION BONDED INDEBTEDNESS ......................................................18 Outstanding General Obligation Debt ....................................................................................18 Overlapping General Obligation Bonded Debt ......................................................................21 Debt Ratios .............................................................................................................................21 General Obligation Debt Trends ............................................................................................22 [Future Financings] ................................................................................................................22 REAL PROPERTY TAXATION ...............................................................................................22 Tax Increment Financing ........................................................................................................23 Special Service Areas .............................................................................................................23 City Property Taxes ................................................................................................................24 Real Property Assessment, Tax Levy, and Collection Procedures ........................................25 PENSION AND RETIREMENT OBLIGATIONS ..................................................................29 Illinois Municipal Retirement Fund .......................................................................................29 Police and Firefighters’ Pension Plans ...................................................................................31 OTHER POSTEMPLOYMENT BENEFITS ...........................................................................35 TAX EXEMPTION .....................................................................................................................36 CONTINUING DISCLOSURE ..................................................................................................37 THE UNDERTAKING ................................................................................................................38 Annual Financial Information Disclosure ..............................................................................38 Reportable Events Disclosure ................................................................................................38 Consequences of Failure of the City to Provide Information .................................................39 Amendment; Waiver ..............................................................................................................39 Termination of Undertaking ...................................................................................................40 Additional Information ...........................................................................................................40 Dissemination of Information; Dissemination Agent ............................................................40 BOND RATINGS .........................................................................................................................40 UNDERWRITING .......................................................................................................................40 [LITIGATION] ............................................................................................................................40 FINANCIAL ADVISORS ...........................................................................................................41 LEGAL MATTERS .....................................................................................................................41 418 of 611 vii C\1311280.4 CLOSING CERTIFICATE ........................................................................................................41 APPENDIX A – City of Evanston Annual Financial Report for Fiscal Year Ended December 31, 2017 APPENDIX B – Proposed Forms of Bond Counsel Opinions APPENDIX C – Form of Continuing Disclosure Undertaking APPENDIX D – Official Notices of Sale and Bid Forms 419 of 611 C\1311280.4 OFFICIAL STATEMENT Relating to CITY OF EVANSTON COOK COUNTY, ILLINOIS $13,285,000 * General Obligation Corporate Purpose Bonds, Series 2019A $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B INTRODUCTION This Official Statement sets forth information concerning the offer and sale by the City of Evanston, Cook County, Illinois (the “City”), of its $13,285,000* General Obligation Corporate Purpose Bonds, Series 2019A (the “Series A Bonds”) and $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B (the “Series B Bonds” and together with the Series A Bonds, the “Bonds”). The Bonds are authorized pursuant to and in accordance with the home-rule powers of the City under Section 6, Article VII of the 1970 Constitution of the State of Illinois (the “Illinois Constitution”), and a bond ordinance adopted by the City Council of the City (the “City Council”) on April 22, 2019 (as supplemented by the bond order authorized therein and executed in connection with the sale of the Bonds, the “Bond Ordinance”). The Bonds are general obligations of the City to which the City pledges its full faith and credit and are payable from available funds of the City and the Ad Valorem Property Taxes (as defined herein). See “SECURITY FOR THE BONDS” herein. The City, with a population of 75,557 as of the U.S. Census Bureau's 2013-2017 American Community Survey (“ACS”) 5- year estimate, is located along Lake Michigan immediately north of Chicago, Illinois. The City includes residential neighborhoods and parks and a major revitalized central business area of shops, restaurants, theaters, offices and corporate headquarters, neighborhood shopping areas, hospitals, and universities. The City is the home of Northwestern University, with about 16,000 students and 5,200 employees at its Evanston campus. The City’s per capita and median family incomes are substantially higher than Cook County (the “County”) and State of Illinois (the “State”) levels. See “THE CITY – Economic and Demographic Data” herein. PURPOSE OF THE BONDS The Series A Bonds are being issued for the purpose of (i) paying a portion of the costs of constructing and equipping a new Robert Crown Community Center, Ice Complex, and Library Center (the “Robert Crown Project”); (ii) paying capitalized interest on the Series A Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Series A Bonds. The Series B Bonds are being issued for the purpose of (i) providing for capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2019 in the City’s Capital Improvement Plan, as adopted by the City Council (the “Capital Improvement Project”); (ii) paying capitalized interest on the Series B Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Series B Bonds. SOURCES AND USES OF FUNDS Estimated Sources: Series A Bonds Series B Bonds Par Amount of Bonds $ $ [Net] Original Issue [Premium/Discount] Total Sources of Funds $ $ Estimated Uses: Deposit to Project Fund $ $ Costs of Issuance(1) Deposit to Capitalized Interest Fund Total Uses of Funds $ $ (1)Includes Underwriters’ discount, Bond Registrar and Paying Agent fees, legal fees, rating fee, printing, and other miscellaneous costs of issuance. *Preliminary, subject to change. 420 of 611 - 2 - C\1311280.4 SECURITY FOR THE BONDS The Bonds, in the opinion of Chapman and Cutler LLP, Chicago, Illinois, Bond Counsel (“Chapman and Cutler LLP” or “Bond Counsel”), are valid and legally binding upon the City and are payable from any funds of the City legally available for such purpose, and all taxable property in the City is subject to the levy of taxes to pay the same without limitation as to rate or amount (the “Ad Valorem Property Taxes”), except that the rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, moratorium, reorganization, and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial discretion. The Bond Ordinance provides for the levy of the Ad Valorem Property Taxes in amounts sufficient to pay, as and when due, all principal of and interest on the Bonds, excluding capitalized interest through December 1, 2019. The Bond Ordinance will be filed with the County Clerk of the County (the “County Clerk”) and will serve as authorization to the County Clerk to extend and collect the property taxes to pay the Bonds, as set forth in the Bond Ordinance. Pursuant to the Bond Ordinance, the City may, before the deadline for the filing of an abatement of the Ad Valorem Property Taxes levied by the City for any year, by proper proceedings abate all or a portion of the Ad Valorem Property Taxes levied by the Bond Ordinance for that year to the extent that it finds that sufficient funds of the City have been deposited into the respective funds for the payment of principal of and interest on the Bonds during the period otherwise provided for from that levy. It has been the City’s practice to use a variety of revenue sources for repayment of its general obligation bonds in addition to its Ad Valorem Property Taxes. These alternative sources include sales taxes, water and sewer service charges, special assessments, parking revenues, Tax Increment Financing (“TIF”), and/or taxes levied for special service areas in the City to make payments on its general obligation indebtedness. Although these revenue sources are not pledged to the payment of, and do not secure, the Bonds, the City expects to use certain of these sources to pay debt service on the Bonds, permitting the abatement each year of a portion of the Ad Valorem Property Taxes levied in the Bond Ordinance. THE BONDS General The Bonds will be issued as fully registered bonds and will be dated the date of delivery (the “Dated Date”). The Bonds mature on the dates and in the amounts, and bear interest from the Dated Date until paid at the rates as set forth on the inside cover pages of this Official Statement. The Bonds will be in denominations of $5,000 or any integral multiple thereof. Interest on the Bonds is payable on June 1 and December 1 of each year. The first interest payment date is December 1, 2019. The principal and redemption price of the Bonds are payable in lawful money of the United States of America upon presentation at the office maintained for that purpose by Zions Bancorporation, National Association, Chicago, Illinois, as paying agent and bond registrar (the “Bond Registrar”). Payment of interest shall be made to the registered owner of the Bonds as shown on the registration books of the City maintained by the Bond Registrar at the close of business on the applicable Record Date. The Record Date shall be the 15th day of the month preceding any regular or other interest payment date occurring on the first day of any month and, otherwise, 15 days preceding any interest payment date occasion by the redemption of Bonds on other than the first day of a month. Interest shall be paid by check or draft of the Bond Registrar, payable upon presentation in lawful money of the United States of America, mailed to the address of the registered owner as it appears on such registration books (the “Register”), or at such other address furnished in writing by the registered owner to the Bond Registrar, or as otherwise agreed by the City and the Bond Registrar for so long as these Bonds are held by a qualified securities clearing corporation as depository, or nominee, in book-entry form. The Bonds will be initially registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). DTC or a successor depository will act as securities depository of the Bonds. Individual purchases may be made in book-entry-only form, in the principal amount of $5,000 or integral multiples thereof. Purchasers will not receive certificates representing their interest in the Bonds purchased. See “Book-Entry-Only System” herein. Optional Redemption The Series A Bonds maturing on or after December 1, 2030, are subject to redemption at the option of the City, in whole or in part, in any order of maturity and if in part, in principal amounts that are integral multiples of $5,000 and as applicable to any mandatory redemption requirement as the City may determine, on any date on or after December 1, 2029, at a price equal to par plus accrued interest to the date fixed for redemption. 421 of 611 - 3 - C\1311280.4 The Series B Bonds maturing on or after December 1, 2030, are subject to redemption at the option of the City, in whole or in part, in any order of maturity and if in part, in principal amounts that are integral multiples of $5,000 and as applicable to any mandatory redemption requirement as the City may determine, on any date on or after December 1, 2029, at a price equal to par plus accrued interest to the date fixed for redemption. [Mandatory Sinking Fund Redemption] The Series A Bonds due on December 1, 20__ (the “Series A Term Bonds”), are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, on the dates and in the principal amounts as follows: Series A Term Bond Due December 1, 20__ Sinking Fund Principal Amount Redemption Date to be Redeemed December 1, 20__ $ December 1, 20__ * *Stated maturity. The Series B Bonds due on December 1, 20__ (the “Series B Term Bonds” and together with the Series A Term Bonds, the “Term Bonds”), are subject to mandatory redemption, in integral multiples of $5,000 selected by lot by the Bond Registrar, at a redemption price of par plus accrued interest to the redemption date, on the dates and in the principal amounts as follows: Series B Term Bond Due December 1, 20__ Sinking Fund Principal Amount Redemption Date to be Redeemed December 1, 20__ $ December 1, 20__ * *Stated maturity. The principal amounts of the Term Bonds to be mandatorily redeemed may be reduced through the earlier optional redemption thereof, with any partial optional redemptions of such Term Bonds credited against future mandatory redemption requirements in such order of the mandatory redemption dates as the City may determine. In addition, on or prior to the 60th day preceding any mandatory redemption date, the Bond Registrar may, and if directed by the City shall, purchase Term Bonds required to be retired on such mandatory redemption date. Any such Term Bonds so purchased shall be cancelled and the principal amount thereof shall be credited against the mandatory redemption required on such next mandatory redemption date. Redemption Procedures The City will, at least 45 days prior to any optional redemption date (unless a shorter time period shall be satisfactory to the Bond Registrar), notify the Bond Registrar of such redemption date and of the principal amount and maturity or maturities of the Bonds to be redeemed. For purposes of any redemption of less than all of the outstanding Bonds of a single series and maturity, the particular Bonds or portions of Bonds to be redeemed shall be selected by lot by the Bond Registrar from the Bonds of such series and maturity by such method of lottery as the Bond Registrar shall deem fair and appropriate (except when the Bonds are held in a book- entry system, in which case the selection of Bonds to be redeemed will be made in accordance with procedures established by DTC or any other book entry depository); provided that such lottery shall provide for the selection for redemption of Bonds or portions thereof in principal amounts of $5,000 and integral multiples thereof. Unless waived by any holder of Bonds to be redeemed, notice of the call for any redemption will be given by the Bond Registrar on behalf of the City at least 30 days and not more than 60 days prior to the date fixed for redemption to each registered owner of the Bonds to be redeemed at the address shown on the Register or at such other address as is furnished in writing by such registered owner to the Bond Registrar. Unless moneys sufficient to pay the redemption price of the Bonds to be redeemed at the option of the City are received by the Bond Registrar prior to the giving of such notice of redemption, such notice may, at the option of the City, state that said redemption will be conditional upon the receipt of such moneys by the Bond Registrar on or prior to the date fixed for redemption. If such moneys are not received, such notice will be of no force and effect, the City will not redeem such Bonds, and the Bond Registrar will give notice, in the same manner in which the notice of redemption has been given, that such moneys were not so received and that 422 of 611 - 4 - C\1311280.4 such Bonds will not be redeemed. Otherwise, prior to any redemption date, the City will deposit with the Bond Registrar an amount of money sufficient to pay the redemption price of all of such Bonds or portions of such Bonds which are to be redeemed on that date. Subject to the provisions for a conditional redemption described above, notice of redemption having been given as described above and in the Bond Ordinance, and notwithstanding failure to receive such notice, the Bonds or portions of Bonds so to be redeemed will, on the redemption date, become due and payable at the redemption price therein specified, and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon surrender of such Bonds for redemption in accordance with said notice, such Bonds will be paid by the Bond Registrar at the redemption price. All official notices of redemption shall include at least the information as follows: (a) the redemption date; (b) the redemption price; (c) if less than all of the outstanding Bonds of a particular series and maturity are to be redeemed, the identification (and, in the case of partial redemption of Bonds within such series and maturity, the respective principal amounts) of the Bonds to be redeemed; (d) a statement that on the redemption date the redemption price will become due and payable upon each such Bond or portion thereof called for redemption and that interest thereon shall cease to accrue from and after said date; and (e) the place where such Bonds are to be surrendered for payment of the redemption price, which place of payment shall be the office maintained for such purpose by the Bond Registrar. Defeasance Any Bond or Bonds (a) which are paid and cancelled; (b) which have matured and for which sufficient sums been deposited with the Bond Registrar to pay all principal and interest due thereon; or (c) (i) for which sufficient funds and Defeasance Obligations (as hereinafter defined) have been deposited with the Bond Registrar or similar institution to pay, taking into account investment earnings on such obligations, all principal of and interest on such Bond or Bonds when due at maturity, pursuant to an irrevocable escrow or trust agreement, (ii) accompanied by an opinion of Bond Counsel or other bond counsel as to compliance with the covenants with respect to such Bonds, and (iii) accompanied by an express declaration of defeasance by the City Council; shall cease to have any lien on or right to receive or be paid from Bond Moneys or the Bond Fund (each as defined in the Bond Ordinance) and shall no longer have the benefits of any covenant for the registered owners of outstanding Bonds as set in the Bond Ordinance herein as such relates to lien and security of the outstanding Bonds. “Defeasance Obligations” means (a) noncallable, non-redeemable, direct and general full faith and credit obligations of the United States Treasury (“Directs”), (b) certificates of participation or trust receipts in trusts comprised wholly of Directs, or (c) other noncallable, non-redeemable, obligations unconditionally guaranteed as to timely payment to maturity by the United States Treasury. Book-Entry-Only System The information contained in the following paragraphs of this subsection “Book-Entry-Only System” has been extracted from a schedule prepared by DTC entitled “SAMPLE OFFERING DOCUMENT LANGUAGE DESCRIBING BOOK-ENTRY- ONLY ISSUANCE.” The City makes no representation as to the completeness or the accuracy of such information or as to the absence of material adverse changes in such information subsequent to the date hereof. DTC will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully-registered certificate will be issued for each annual maturity of each series of the Bonds, each in the aggregate principal amount of such annual maturity, and such certificates will be deposited with DTC. DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934 (the “Exchange Act”). DTC holds and provides asset servicing for over 3.6 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a S&P Global Ratings rating of “AA+”. The DTC Rules applicable to its Participants 423 of 611 - 5 - C\1311280.4 are on file with the Securities and Exchange Commission (the “Commission”). More information about DTC can be found at www.dtcc.com. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Security (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to DTC. If less than all of the Bonds within an issue are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, distributions, and interest payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the City or paying agent (“Agent”), on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, Agent, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the City or Agent. Under such circumstances, in the event that a successor depository is not obtained, certificates for the Bonds are required to be printed and delivered. The City may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, certificates for the Bonds will be printed and delivered to DTC. The information in this section concerning DTC and DTC’s book-entry system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the accuracy thereof. NEITHER THE CITY, NOR THE UNDERWRITERS (AS DEFINED HEREIN) WILL HAVE ANY RESPONSIBILITY OR OBLIGATION TO PARTICIPANTS, TO INDIRECT PARTICIPANTS OR TO ANY BENEFICIAL OWNER WITH RESPECT TO (1) THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC, ANY DTC PARTICIPANT OR ANY INDIRECT PARTICIPANT; (2) THE PAYMENT BY DTC, ANY DTC PARTICIPANT OR ANY INDIRECT PARTICIPANT OF ANY AMOUNT WITH RESPECT TO THE PRINCIPAL OF, PREMIUM, IF ANY, OR INTEREST ON THE BONDS; (3) ANY NOTICE WHICH IS PERMITTED OR REQUIRED TO BE GIVEN TO CERTIFICATEHOLDERS; (4) ANY CONSENT GIVEN BY DTC OR OTHER ACTION TAKEN BY DTC AS CERTIFICATEHOLDER; OR (5) THE SELECTION BY DTC, ANY DTC 424 of 611 - 6 - C\1311280.4 PARTICIPANT OR ANY INDIRECT PARTICIPANT OF ANY BENEFICIAL OWNER TO RECEIVE PAYMENT IN THE EVENT OF A PARTIAL REDEMPTION OF THE BONDS. CERTAIN RISK FACTORS The purchase of the Bonds involves certain investment risks. Accordingly, each prospective purchaser of the Bonds should make an independent evaluation of the entirety of the information presented in this Official Statement and its appendices and exhibits in order to make an informed investment decision. Certain of the investment risks are described below. The following statements, however, should not be considered a complete description of all risks to be considered in the decision to purchase the Bonds, nor should the order of the presentation of such risks be construed to reflect the relative importance of the various risks. There can be no assurance that other risk factors are not material or will not become material in the future. Local Economy The financial health of the City is in part dependent on the strength of the regional and State economy. Many factors affect the economy, including rates of employment and economic growth and the level of residential and commercial development. It is not possible to predict to what extent any changes in economic conditions, demographic characteristics, population, or commercial and industrial activity will occur and what impact such changes would have on the finances of the City. Finances of the State of Illinois The State has experienced adverse fiscal conditions resulting in significant shortfalls between general fund revenues and spending demands. In addition, the underfunding of the State’s pension systems has contributed to its poor financial health. The State operated without a fully enacted budget for its fiscal years ended June 30 (each, a “State FY”) 2016 and 2017. On July 6, 2017, the State enacted its budget for State FY 2018, thus resolving much of the budget impasse, while not resolving significant unfunded pension liabilities or the large unpaid bill backlog. On June 4, 2018, the State enacted its budget for the State FY 2019, again without addressing unfunded pension liabilities or the unpaid bill backlog. Therefore, the unfunded pension liabilities and the unpaid bill backlog will continue to pose significant challenges to the State’s finances. Illinois legislators have indicated they intend to address these matters, and issued bonds in State FY 2018 to cover a portion of the bill backlog, but it is not clear when, or if, they will resolve the remainder of the bill backlog or the pension liability. As part of the State’s budget process, legislation was passed which made changes in the Local Government Distributive Fund (“LGDF”). LGDF payments to counties and municipalities, like the City, were reduced by 10% in State FY 2018, and by 5% in State FY 2019. Additionally, the Illinois Department of Revenue (the “Department of Revenue”) retained an administrative fee of 2% of locally imposed sales taxes collected on behalf of municipalities in State FY 2018, and is retaining an administrative fee of 1.5% of such sales tax collections in State FY 2019. The City adjusted its budget for income tax and sales tax revenues for its fiscal year ending December 31, 2019 to account for all factors including the above. For the City’s fiscal year ending December 31, 2018, the City expects income tax and sales tax revenues to meet or exceed budgeted numbers. During the impasse, certain appropriations were enacted, including the approval of spending for elementary and secondary education, and certain other spending occurred through statutory transfers, statutory continuing appropriations, court orders, and consent decrees. The City cannot predict whether the State will continue to fund local revenue sharing at current levels, nor can the City predict the lingering effect of the State’s budget impasse on the City’s finances. The State currently shares a portion of sales tax, income tax, and motor fuel tax revenue with municipalities, including the City. The State’s general fiscal condition, the underfunding of the State’s pension systems, and the State’s budget impasse have materially adversely affected the State’s financial condition and may result in decreased or delayed revenues allocated to the City. Cybersecurity Computer networks and data transmission and collection are vital to the efficient operation of the City. Despite the implementation of network security measures by the City, its information technology and infrastructure may be vulnerable to deliberate attacks by hackers, malware, ransomware, or computer virus, or may otherwise be breached due to employee error, malfeasance, or other disruptions. Any such breach could compromise networks, and the information stored thereon could be disrupted, accessed, publicly disclosed, lost, or stolen. Although the City does not believe that its information technology systems are at a materially greater risk of cybersecurity attacks than other similarly-situated governmental entities, any such disruption, access, disclosure, or other loss of information could have an adverse effect on the City's operations and financial health. Further, as cybersecurity threats continue to evolve, the City may be required to expend significant additional resources to continue to modify and strengthen security measures, investigate, and remediate any vulnerabilities, or invest in new technology designed to mitigate security risks. 425 of 611 - 7 - C\1311280.4 Loss or Change of Bond Rating The Bonds have received credit ratings from Moody’s Investors Service, Inc. (“Moody’s”) and Fitch Ratings (“Fitch”). The ratings can be changed or withdrawn at any time for reasons both under and outside the City’s control. Any change, withdrawal, or combination thereof could adversely affect the ability of investors to sell the Bonds or may affect the price at which they can be sold. Secondary Market for the Bonds No assurance can be given that a secondary market will develop for the purchase and sale of the Bonds or, if a secondary market exists, that such Bonds can be sold for any particular price. The Underwriter is not obligated to engage in secondary market trading or to repurchase any of the Bonds at the request of the owners thereof. Prices of the Bonds as traded in the secondary market are subject to adjustment upward and downward in response to changes in the credit markets and other prevailing circumstances. No guarantee exists as to the future market value of the Bonds. Such market value could be substantially different from the original purchase price. Continuing Disclosure A failure by the City to comply with the Undertaking (as defined herein) for continuing disclosure (see “CONTINUING DISCLOSURE” herein) will not constitute an event of default on the Bonds. Any such failure must be reported in accordance with Rule 15c2-12 (the “Rule”) adopted by the Commission under the Exchange Act and may adversely affect the transferability and liquidity of the Bonds and their market price. Suitability of Investment The interest rates borne by the Bonds are intended to compensate the investor for assuming the risk of investing in the Bonds. Furthermore, the tax-exempt feature of the Bonds is currently more valuable to high tax bracket investors than to investors that are in low tax brackets. As such, the value of the interest compensation to any particular investor will vary with individual tax rates and circumstances. Each prospective investor should carefully examine this Official Statement and its own financial condition to make a judgment as to its ability to bear the economic risk of such an investment, and whether or not the Bonds are an appropriate investment for such investor. Future Changes in Laws Various State and federal laws, regulations, and constitutional provisions apply to the City and to the Bonds. The City can give no assurance that there will not be a change in, interpretation of, or addition to such applicable laws, provisions, and regulations which would have a material effect, either directly or indirectly, on the City, or the taxing authority of the City. Many elements of local government finance, including the issuance of debt and the levy of property taxes, are controlled by State government. Future actions of the State may affect the overall financial conditions of the City, the taxable value of property within the City, and the ability of the City to levy property taxes or collect revenues for its ongoing operations. For example, Illinois legislators have introduced proposals to modify the Property Tax Extension Limitation Law, as supplemented and amended (the “Limitation Law”), including freezing property taxes (the “Property Tax Freeze Proposal”). If the Property Tax Freeze Proposal or similar legislation were to become law, such reform may freeze the City’s local property tax revenue. The City cannot predict whether, or in what form, any such change may be enacted into law, nor can the City predict the effect of any such change on the City’s finances. Factors Relating to Tax-Exemption As discussed under “TAX EXEMPTION” herein, interest on the Bonds could become includible in gross income for purposes of federal income taxation, retroactive to the date the Bonds were issued, as a result of future acts or omissions of the City in violation of its covenants in the Bond Ordinance. Should such an event of taxability occur, the Bonds are not subject to any special redemption. There are or may be pending in the Congress of the United States (“Congress”) legislative proposals relating to the federal tax exemption of interest on the Bonds, including some that carry retroactive effective dates, that, if enacted, could affect the market value of the Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether, if enacted, it would apply to bonds issued prior to enactment. Finally, reduction or elimination of the tax-exempt status of obligations such as the Bonds could have an adverse effect on the City’s ability to access the capital markets to finance future capital or operational needs by reducing market demand for such obligations or materially increasing borrowing costs of the City. The tax-exempt bond office of the Internal Revenue Service (the “Service”) is conducting audits of tax-exempt bonds, both compliance checks and full audits, with increasing frequency to determine whether, in the view of the Service, interest on such tax- 426 of 611 - 8 - C\1311280.4 exempt obligations is includible in the gross income of the owners thereof for federal income tax purposes. It cannot be predicted whether the Service will commence any such audit. If an audit is commenced, under current procedures the Service may treat the City as a taxpayer and the Bondholders may have no right to participate in such proceeding. The commencement of an audit with respect to any tax exempt obligations of the City could adversely affect the market value and liquidity of the Bonds, regardless of the ultimate outcome. Bankruptcy The rights and remedies of the Bondholders may be limited by and are subject to the provisions of federal bankruptcy laws, to other laws or equitable principles that may affect the enforcement of creditors’ rights, to the exercise of judicial discretion in appropriate cases, and to limitations on legal remedies against local governments. At present, there is no law in the State that authorizes any unit of government in Illinois to petition to reorganize under Chapter 9 of the U.S. Bankruptcy Code (except for the Illinois Power Agency). The various opinions of counsel to be delivered with respect to the Bonds and the Bond Ordinance will be similarly qualified. THE PROJECTS The Series A Bonds are being issued for the purpose of (i) paying a portion of the cost to construct and equip a new Robert Crown Community Center, Ice Complex, and Library Center, including but not limited to the demolition of the existing Robert Crown Community Center; (ii) paying capitalized interest on the Series A Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Series A Bonds. The Robert Crown Project will include a new building of approximately 135,500 square feet to be used for a public library, an expanded ice arena, a gymnasium, a childcare center, an indoor running track, multi-purpose rooms, and educational and cultural program spaces, together with adjacent turf sports fields. The Robert Crown Project will be located on the current site of the Robert Crown Community Center (the “Robert Crown Center”) and will be owned and operated by the City. The City intends to enter into agreements with various 501(c)(3) organizations (the “501(c)(3) Organizations”) with regard to the use of the Robert Crown Project. The Robert Crown Center was built in 1974 and is the City’s most-used health and wellness facility. The Robert Crown Center serves as a venue for dozens of sports, summer camps, pre-school, and many other community programs. In 2000, the City Council was advised of the poor condition of the Robert Crown Center and the lack of improvements since its inception. Based on the City Council’s recommendation, an evaluation of the Robert Crown Center was prepared in 2003 by a consultant hired by the City, which highlighted several civil, structural, architectural, and mechanical issues that had developed over the years. On January 19, 2016, the City Council approved a consulting services agreement for fundraising and recommended the City and the Evanston Public Library (the “Library”) proceed with a fundraising campaign for the Robert Crown Project. Friends of the Robert Crown Center is a 501(c)(3) nonprofit charitable organization formed in 2016 to spearhead a community-wide fundraising initiative for the Robert Crown Project (“Friends”), involving the City, the Library, and the 501(c)(3) Organizations. The total cost of the Robert Crown Project is estimated to be $52.9 million, of which it is anticipated that approximately $37.6 million will be financed through the $24,385,000 General Obligation Corporate Purpose Bonds, Series 2018A issued by the City in 2018 and the Series A Bonds, and approximately $6 million will be financed from the fundraising campaign by Friends in 2019 and 2020. Building construction began in late 2018 and the Robert Crown Project is expected to be completed in the summer of 2020. The Series B Bonds are being issued for the purpose of (i) providing for the Capital Improvement Project (as described below); (ii) paying capitalized interest on the Series B Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Series B Bonds. The Capital Improvement Project will include street patching and resurfacing, alley and viaduct improvements, and other transportation improvements; water main and sewer improvements; parks improvements; and miscellaneous building improvements and other capital projects. 427 of 611 - 9 - C\1311280.4 THE CITY General The City consists of many communities, perspectives, and qualities: it is a suburb, an urban center, a college town, and lakefront community; it has leafy neighborhoods and lakefront mansions; apartment, condominium, and student housing; its residents are commuters and locally employed workers; the downtown is prospering, but neighborhood commercial centers are also strong and developing. It is a part of the Chicagoland economy and has a vigorous commercial and professional economy of its own. A population of approximately 75,000 is diverse by race, religion, age, education, economics, and occupation. With approximately 9,500 people per square mile, The City has double the population density of the average North and Northwest suburb, and approximately half the density of Chicago. The City has over 260 acres in 75 parks and five beaches. The City is contiguous with Chicago, and approximately 13 miles by rapid transit, commuter rail, expressway, or parkway from downtown Chicago. It borders the north shore communities of Skokie and Wilmette. In 1863, the Village of Evanston was incorporated as a town, and, after several annexations, the town became a city in 1892. The City’s southern boundary was established with the City of Chicago and the present City limits, encompassing an area of approximately 8.0 square miles, have been essentially the same ever since. The City has four miles of shoreline along Lake Michigan. Northwestern University Evanston is the home of Northwestern University, so named as it was established to serve the Northwest Territory. The University first platted the village which surrounded it. The State legislature named the village “Evanston” in honor of Dr. John Evans, the president of the University’s Board. One of the finest universities in the country, Northwestern University not only infuses the City with a certain vitality, but also affects both City revenues and many demographic profiles of the City. A significant number of the students are included in census counts, which tends to cause understated demographic statistics such as the City’s per capita income, wealth per capita, assessed value per capita, etc. On the other hand, it increases revenue sharing and other grants based on population. Government The City is a home-rule unit of government under the Illinois Constitution and, as such, has no general obligation debt limit, nor is it required to seek referendum approval for the issuance of general obligation indebtedness. However, pursuant to the City’s budget policy adopted by the City Council on December 18, 2000, as amended by Resolution No. 42-R-18 adopted by the City Council on June 25, 2018, and as further amended by Resolution No. 35-R-19 adopted by the City Council on April 8, 2019, the City has instituted a self-imposed limit of $152,000,000 in aggregate principal amount of general obligation debt which is expected and intended to be paid from a general real property tax levy. The City has a Council/Manager form of government with an elected Mayor. The Mayor is elected for a four-year term. The Aldermen each represent one of nine wards and are elected to terms of four years. The City Council is organized into standing committees: Administration and Public Works, Human Services, Planning and Development, and Rules. The City Council has also established several special committees and commissions and advisory boards. The City Manager is the Chief Administrative Officer of the City and is responsible for the management of all City operations under the direction of the Mayor and City Council. The City Manager appoints and supervises the directors of the City’s 10 departments. The Chief Financial Officer is responsible for the central financial functions of the City. The City provides a broad range of municipal services, including police and fire protection, streets and parking, water and sewer service, public libraries, social services, health and services for the aging, beaches, parks, and cultural events. A small portion of the City is located in the Skokie Park District. The City is engaged in assisting in community and economic development and maintains land use controls. Public schools are provided by Evanston/Skokie School District 65 and Evanston Township High School District 202. Wastewater treatment is provided by the Metropolitan Water Reclamation District. Administration Wally Bobkiewicz, City Manager. Mr. Bobkiewicz is the City Manager, appointed in August 2009. Mr. Bobkiewicz is the administrative head of the municipal government and responsible for the efficient administration of all City departments. The departments are as follows: Administrative Services, Community and Economic Development, Fire, Health, Law, Library, Parks, 428 of 611 - 10 - C\1311280.4 Recreation and Community Services, Police, Public Works and Utilities. Before working for the City, Mr. Bobkiewicz was employed as the City Manager with Santa Paula, California. Hitesh Desai, Chief Financial Officer/Treasurer. Mr. Desai is the Chief Financial Officer/Treasurer and oversees and administers all the City’s financial functions, in conjunction with the City Manager. Prior to working for the City, Mr. Desai was the Finance Director of the Village of Carpentersville, Illinois. Mr. Desai has previously served the City as Accounting Manager and Senior Accountant. Development Activity and City Layout The City’s downtown is a central location for over eighty restaurants (ranging from casual to high-end), hundreds of hotel rooms, a state-of-the art movie theater, several theater and dance companies, retail bookstores, and numerous shops. Total equalized assessed value (“EAV”) growth in the City has grown from $1.30 billion in 1999 to $2.74 billion in 2017. Evanston’s prudent use of TIF development has added to this growth. Commercial development in the downtown area has been a priority of City government since the City adopted a “Plan for Downtown Evanston/City Comprehensive Plan” in 1980, with continuing revisions since then. The City has encouraged and supported private development; its efforts have included enhanced public transportation through the interconnection of bus, Metra rail and the Chicago Transit Authority (the “CTA”) hubs; public art including streetscape and sidewalk amenities; creation of a commercial district to support nightlife in the City; and the creation of two TIF districts to provide support for the Church Street Plaza and Sherman Plaza redevelopment areas. The City also has eight neighborhood commercial districts. Six of them, Central Street, Noyes Street, Chicago & Dempster, Main & Chicago, and Howard & Chicago, are formed around transportation hubs. Each of these districts has distinctive features: international, specialty retail, and baked goods at Central Street; theater and dining at Noyes Street; antiques, art, and specialty goods at Chicago & Dempster; convenient shopping at Main & Chicago; and the transportation center at Howard & Chicago, on the border of the City with Chicago. The remaining two, Evanston Center and Oakton Street Center, on the southwest side of the City, are commercial centers initiated by developers and include a large number of national retailers. They have major anchor and supportive retail stores which meet the needs of the neighborhood and beyond, and were redeveloped on former vacant industrial sites. Labor Relations The City’s four collective bargaining contracts cover the majority of the City’s 807 (2018 budget full-time equivalent) employees and include: Police – Fraternal Order of Police (FOP) (expired on December 31, 2018); Firefighters - Local 742 of the International Association of Firefighters (IAFF) (expires on December 31, 2022); Police Sergeants - FOP (expires on December 31, 2022); other labor and general office positions including Public Works, Utilities, Parks/Recreation, Health, Library and Community Development - American Federation of State County and Municipal Employees (AFSCME), Council 31, Local 1891A (expires on December 31, 2022). The City has all contracts in place except Police – (FOP) effective January 1, 2019. The City expects the Police FOP contract to be finalized in the near future. The City has not experienced any work stoppage due to labor difficulties for the last 30 years. Economic and Demographic Data The City’s median family income and per capita income remain consistently and significantly above State and County levels, as does the median home value. Median Family Income 2000 2006-2010 2013-2017 City of Evanston $78,886 $106,149 $112,742 Cook County 53,784 65,039 73,012 State of Illinois 55,545 68,236 76,533 Source: U.S. Census Bureau, and the 2006-2010 and 2013-2017 ACS 5-year estimates. 429 of 611 - 11 - C\1311280.4 Per Capita Income 2000 2006-2010 2013-2017 City of Evanston $33,645 $42,925 $43,956 Cook County 23,227 29,335 33,722 State of Illinois 23,104 28,782 32,924 Source: U.S. Census Bureau, and the 2006-2010 and 2013-2017 ACS 5-year estimates. Median Home Values 2000 2006-2010 2013-2017 City of Evanston $290,800 $395,000 $367,300 Cook County 157,700 265,800 227,400 State of Illinois 130,800 202,500 179,700 Source: U.S. Census Bureau, and the 2006-2010 and 2013-2017 ACS 5-year estimates. The 2013-2017 ACS 5-year estimates by the U.S. Census Bureau reported that of the 28,727 total occupied housing units, 56.2% of those located in the City were owner-occupied. Selected home value data relative to values of owner-occupied housing units in the City compared with the County and the State are as follows: Home Values – Owner-Occupied Value of Specified Owner-Occupied Units City of Evanston Cook County State of Illinois Under $50,000 ......................... 1.8% 4.3% 7.3% $50,000 to $99,999 .................. 3.0 9.3 15.7 $100,000 to $149,999 .............. 6.8 13.5 16.2 $150,000 to $199,999 .............. 10.5 16.1 16.2 $200,000 to $299,999 .............. 18.2 23.3 20.5 $300,000 to $499,999 .............. 24.1 20.9 15.9 $500,000 or more ..................... 35.5 10.0 8.2 100.0% 100.0% 100.0% Median Home Value – Owner-Occupied ...................... $367,300 $227,400 $179,700 Source: U.S. Census Bureau, 2013-2017 ACS 5-year estimates. Education and Employment The 2013-2017 ACS 5-year estimates by the U.S. Census Bureau report that over 65% of adult residents of the City have four or more years of college, compared to 30.9% nationally, and 93% have at least a high school education or higher. Educational Attainment – Population over 25 Educational Level Number Percentage Graduate or Professional Degree 17,629 36.5% Bachelor’s Degree 13,886 28.8 Associate’s Degree 1,697 3.5 Some college, no degree 5,802 12.0 High school graduate 6,089 12.6 9th to 12th grade, no diploma 1,379 2.9 Less than 9th grade 1,811 3.8 Total 48,293 100.0% Source: U.S. Census Bureau, 2013-2017 ACS 5-year estimates. 430 of 611 - 12 - C\1311280.4 The following table shows the proportion of City residents holding various job categories. Consistent with the high average level of educational attainment, over 61% of job holders who are City residents work in professional or managerial jobs, as compared to 38.7% in the County and 37.2% in the State. Select Occupation Categories Type of Occupations Number Percentage Management, business, science, and arts 22,431 61.5% Service occupations 4,583 12.6 Sales and office occupations 6,717 18.4 Natural Resources, construction, and maintenance 808 2.2 Production, transportation, material moving 1,919 5.3 Total 36,771 100.0% Source: U.S. Census Bureau, and the 2013-2017 ACS 5-year estimates. Population The City’s population is essentially stable, having been near 70,000 since 1950. 1990 2000 2010 2013-2017 City of Evanston 73,233 74,239 74,549 75,557 Cook County 5,105,067 5,376,741 5,194,675 5,238,541 State of Illinois 11,430,602 12,419,293 12,830,632 12,854,526 Source: U.S. Census Bureau, and the 2013-2017 ACS 5-year estimates. Building Permits Building Activity – Value of Permits Value of All Calendar Year Building Permits 2018 $374,489,566 2017 306,352,806 2016 536,538,596 2015 321,578,749 2014 557,445,516 Source: The City. Transportation The City has excellent public transportation. It is served by a rapid transit rail line operated by CTA, with eight stations in Evanston. This is part of the CTA’s metropolitan rapid transit system. Commuter rail service provided by Metra, a Division of the Regional Transportation Authority (“RTA”), serves three stops in Evanston. Four local bus routes operated by the CTA connect all Evanston neighborhoods with its downtown area. Five bus routes operated by PACE, a suburban bus division of the RTA, connect Evanston with north and northwestern suburbs. 431 of 611 - 13 - C\1311280.4 Employment Business Type of Business Approximate Number of Employees Northshore University Health System Company headquarters, hospital, and medical research 5,861 Northwestern University Private university 5,200 Amita Health Saint Francis Hospital Hospital 1,200 West Minster Pl., McGaw Care Center Retirement home 600 Northwestern University, Kellogg School of Management Private university, graduate programs 500 C.E. Niehoff & Co. Heavy-duty alternators 400 ZS Associates Marketing consultants 300 Magnetar Capital Partners, LP Hedge fund advisors 250 Accuity, Inc. Processing transactions data and software development 230 Dard Products, Inc. Keytags and desk accessories 125 Source: 2019 Illinois Manufacturers Directory and 2019 Illinois Services Directory. Industry Although a small proportion of the total property value and employment numbers, various manufacturing companies operate in the City, including Manufacturers’ News, Inc., a compiler and publisher of industrial directories, databases, and statistics; Ward Manufacturing Co., a tool and die manufacturer; and C.E. Niehoff & Co., a manufacturer of automotive components. Unemployment Unemployment in the City is consistently below County and State levels. Average Unemployment Rates(1) 2012 2013 2014 2015 2016 2017 2018 2019(2) City of Evanston 7.6% 7.8% 6.1% 5.0% 4.9% 4.1% 3.2% 3.1% Cook County 9.6% 9.6% 7.5% 6.2% 6.1% 5.2% 4.0% 4.0% State of Illinois 9.0% 9.0% 7.1% 6.0% 5.8% 5.0% 4.3% 4.7% (1)Annual average unemployment rates were revised in 2018. (2)Preliminary for February 2019. Source: Illinois Department of Employment Security. FINANCES Budget Process, Accounting, and Financial Control Procedures The City’s fiscal year has historically begun on March 1 of each year. However, the City passed a resolution that changed the City’s fiscal year to match the calendar year beginning in the year 2012. As such, fiscal year 2011 was only ten months in duration (March 1, 2011 through December 31, 2011). The City Manager submits to the City Council a proposed operating budget not less than 60 days prior to the start of each fiscal year. The operating budget includes proposed expenditures and the means of financing those expenditures. The City Council holds several public hearings and then may modify the budget prior to adoption. The City Manager is authorized to transfer budgeted amounts between departments within any fund (such as the General Fund); however, any revisions that alter the total expenditures of any fund must be approved by the City Council. Budgets are legally adopted on a basis consistent with generally accepted accounting principles (“GAAP”) except that property taxes are budgeted as revenue in the year they are levied. For purposes of preparing the combined statement of revenues, expenditures, and changes in fund balances – budget and actual, GAAP revenue and expenditures have been adjusted to the budgetary basis. The budgets of the governmental type funds are prepared on a modified accrual basis. Obligations of the City are budgeted as 432 of 611 - 14 - C\1311280.4 expenditures, but revenue is recognized only when it has actually been received. The Comprehensive Annual Financial Report of the City (“CAFR”) presents expenditures and revenues on both a GAAP basis and a budget basis for comparison. The City uses funds and account groups to report on its financial position and the results of its operations. Fund accounting is designated to demonstrate legal compliance and to aid financial management by segregating transactions related to certain City functions or activities. A fund is a separate, self-balancing accounting entity, and in the City there are three categories of funds: governmental, proprietary, and fiduciary. Governmental funds are used to account for all or most of the City’s general activities, including the collection and disbursement of earmarked monies (special revenue funds), the acquisition or construction of general fixed assets (capital project funds), and the servicing of general long-term debt (debt service funds). The General Fund is used to account for all activities of the City not accounted for in some other fund. Other major funds include Special Revenue Funds, Debt Service Funds, Enterprise Funds (water, sewer, and parking), and Pension Trust Funds. The Enterprise Funds (water and sewer) are budgeted on a full accrual basis. Expenses are recognized when a commitment is made (through a purchase order), and revenues are recognized when they are obligated to the City (for example, water user fees are recognized as revenue when bills are produced). The City reports financial results based on GAAP as promulgated by the Governmental Accounting Standards Board. The accounts of the City are divided into separate self-balancing funds comprised of its assets, liabilities, fund equity, revenues, and expenditures, as appropriate. The City’s expenditures are monitored on a regular basis by the Finance Department. Disbursements are made only if an expenditure is within the authorized budget. The City annually presents its budget to the Government Finance Officers Association (“GFOA”) for review against that organization’s standards for government budgeting. The City received an Award for Distinguished Budget Presentation from the GFOA for the fiscal year 2016 budget and has previously received the award for over 16 successive years. Financial Statements and Independent Audits The City annually presents its CAFR to the GFOA for review against that organization’s standards for governmental accounting and financial reporting. The City received a certificate of achievement for excellence in financial reporting from the GFOA for the fiscal year ended December 31, 2016. The City’s financial statements are audited annually as required by State law. Sikich LLP, Certified Public Accountants and Advisors, Naperville, Illinois (“Sikich LLP”), audited the financial statements for fiscal year ended December 31, 2017. Copies of the City’s CAFR are available at the City’s website. The CAFR for the fiscal year ended December 31, 2017, are included as APPENDIX A to this Official Statement. Sikich LLP, has neither reviewed nor approved this Official Statement or its appendices. The City has covenanted in connection with the issuance of the Bonds to file its CAFR and certain additional financial and operating data within 270 days after the close of the City’s fiscal year. See APPENDIX C to this Official Statement. Cash Management The City invests available funds to the extent not needed for immediate expenditures in interest bearing securities. Money market funds make up 100% of General Fund investments. Cash amounts held in bank accounts are collateralized by United States government or agency obligations. The City’s investment policy is in compliance with the Illinois Municipal Investment Act and limits investments to those that are insured or which are registered (or for which the securities are held by the City or its agent) in the City’s name. Bond funds are invested separately. Revenues The City receives revenue from a wide variety of sources. These include a real property tax, municipal shares of State sales and income taxes, a home-rule sales tax, utility taxes, and federal grants, as well as various use charges, licenses, and permits. The largest revenue source for the City is the property tax. See “REAL PROPERTY TAXATION” for a description of the property tax. Other major revenue sources are described below. 433 of 611 - 15 - C\1311280.4 Sales Taxes The City’s share of the State sales tax and a separate City home-rule sales tax are the second largest source of revenue to the City. A portion of the State’s sales tax receipts from sales within Evanston are statutorily allocated to the City. The amount so received by the City equals about 1.0% of those sales subject to the State tax. In addition, the City imposes a City-wide home-rule sales tax, as permitted by State law, presently at a rate of 1.0%. Sales of vehicles, groceries and medicine, among other items, are exempted by State law from this home-rule sales tax. The Department of Revenue collects both the State sales tax and the City’s sales tax. Two percent (2%) of the City’s home-rule sales tax collections were retained as an administrative fee by the Department of Revenue for State FY 2018. Beginning with State FY 2019, the Department of Revenue’s administrative fee has been reduced to 1.5% of home-rule sales tax collections. As illustrated on the following table, the State sales tax produced $10.6 million and the home-rule sales tax produced $6.4 million for the City’s fiscal year ended December 31, 2018, based on preliminary unaudited figures. The State sales taxes payable to the City have grown at an average compounded rate of approximately 1.77 percent between fiscal years ended February 29, 2009 and December 31, 2018. Ten Year History State Sales Tax Receipts 12-Month 12-Month Home-Rule Increase/ Sales Tax Increase/ FY Ended Annual (Decrease) Annual (Decrease) 12/31/2018(1) $6,407,406 4.66% $10,555,250 6.10% 12/31/2017 6,122,088 (0.56%) 9,948,541 (2.63%) 12/31/2016 6,156,529 0.89% 10,216,966 2.17% 12/31/2015 6,102,128 (0.01%) 9,999,482 2.00% 12/31/2014 6,102,969 2.32% 9,803,582 0.89% 12/31/2013 5,964,747 4.51% 9,717,393 7.86% 12/31/2012 5,707,112 N/A 9,008,956 N/A 12/31/2011 4,902,429 N/A 7,671,007 N/A 2/28/2011 5,724,904 4.78% 8,791,573 2.87% 2/28/2010 5,463,561 (1.96%) 8,546,173 (3.52%) 2/28/2009 5,572,880 (5.73%) 8,857,994 (4.11%) (1)Figures for the fiscal year ended 12/31/2018 are preliminary and unaudited and are subject to change. Source: The City and the City’s CAFR. Personal Property Replacement Taxes Personal Property Replacement Taxes (“PPRT”) are revenues collected by the State and paid to local governments to replace money that was lost by local governments when their powers to impose personal property taxes on corporations, partnerships, and other business entities were taken away. Below are five years of PPRT for the City. Personal Property Replacement Taxes FY Ended Amount 12/31/2018(1) $1,350,173 12/31/2017 1,394,387 12/31/2016 1,425,178 12/31/2015 1,358,443 12/31/2014 1,448,645 (1)Figures for the fiscal year ended 12/31/2018 are preliminary and unaudited and are subject to change. Source: The City and the City’s CAFR. Utility Taxes The City collects utility taxes on natural gas, electricity, and telephone charges. Based on preliminary unaudited figures, utility taxes generated $6.7 million for the fiscal year ended December 31, 2018, compared to $6.6 million for the fiscal year ended December 31, 2017, and $6.7 million for the fiscal year ended December 31, 2016. 434 of 611 - 16 - C\1311280.4 Overview of Budget for Fiscal Years 2017, 2018, and 2019 The total budget of the City for the fiscal year ending December 31, 2017 was $308.8 million. The General Fund portion of the total budget for fiscal year ending December 31, 2017 was $118.7 million. The City ended the fiscal year ending December 31, 2017 under budget. The total budget of the City for the fiscal year ending December 31, 2018 is $308.8 million. The General Fund portion of the total budget for fiscal year ending December 31, 2018 is $114.2 million. The City expects the General Fund to end the fiscal year ending December 31, 2018 with a surplus of approximately $500,000, based on unaudited results. The total budget of the City for the fiscal year ending December 31, 2019 is $____ million. The General Fund portion of the total budget for fiscal year ending December 31, 2019 is $____ million. Summary of Financial Information The following summary of financial information is taken from the CAFR of the City for fiscal years ended December 31, 2013 through December 31, 2017. Preliminary unaudited figures for the fiscal year ended December 31, 2018 are included where they are available. This summary does not purport to be complete. Reference should be made to the CAFR for fiscal year ended December 31, 2017 included as APPENDIX A of this Official Statement. Sikich LLP has neither reviewed nor approved this summary. General Fund Balance Sheet Fiscal Years Ended Assets: 12/31/2013 12/31/2014 12/31/2015 12/31/2016 12/31/2017(1) Cash and Investments $10,885,387 $ 5,070,897 $ 2,168,922 $ 6,324,402 $ 5,767,719 Property Taxes Receivable 12,031,386 11,387,119 27,177,454 28,177,453 28,599,196 Due From Other Governments 7,247,146 6,876,727 8,567,535 7,066,670 6,120,698 Due From Other Funds 3,029,567 3,868,070 2,497,033 3,430,218 3,846,698 All Other Assets 2,983,910 3,454,712 1,340,477 2,879,876 2,945,801 Total Assets 36,177,396 30,657,525 41,751,421 47,878,619 47,280,112 Liabilities: Vouchers Payable 1,760,323 2,245,334 2,187,056 3,042,151 3,569,393 Accrued Payroll 2,317,172 293,472 600,834 839,121 1,110,921 Compensated Absences Payable 207,027 302,311 -- -- -- Due To Other Funds/Governments 4,546,512 2,882,454 -- 3,368,372 23,967 All Other Liabilities 506,188 420,885 1,042,031 783,589 628,953 Total Liabilities 9,337,222 6,144,456 3,829,921 8,033,233 5,333,234 Deferred Inflows of Resources 10,477,223 9,530,103 27,216,664 28,177,453 28,599,196 Fund Balances: Nonspendable -- -- 118,433 -- 300,00 Restricted -- -- -- -- -- Committed -- -- -- -- -- Assigned 6,361,490 5,347,110 5,671,992 5,045,638 4,179,617 Unassigned 10,001,461 9,635,856 4,914,411 6,622,295 8,868,065 Total Fund Balance 16,362,951 14,982,966 10,704,836 11,667,933 13,347,682 Total Liabilities, Deferred Inflows and Fund Balance $36,177,396 $30,657,525 $41,751,421 $47,878,619 $47,280,112 (1)Unaudited figures for the fiscal year ended 12/31/2018 are currently unavailable. Sources: The City; CAFR for fiscal years ended 12/31/2013 through 12/31/2017. 435 of 611 - 17 - C\1311280.4 General Fund Statement of Fund Operations Fiscal Years Ended Revenues: 12/31/2013 12/31/2014 12/31/2015 12/31/2016 12/31/2017 12/31/2018(1) Taxes $38,709,390 $38,222,153 $52,628,569 $54,336,773 $58,812,954 $60,490,044 Licenses and Permits 10,617,414 14,503,168 12,184,303 17,933,413 13,357,610 11,680,895 Intergovernmental 18,382,644 17,964,980 18,998,689 18,445,108 18,024,694 19,207,379 Charges for Services 7,722,937 7,792,469 8,224,155 8,694,803 8,679,945 10,412,949 Fines and Forfeits 3,448,523 3,357,965 3,554,188 3,611,901 3,467,693 3,765,058 Investment Income 26,907 13,037 6,573 30,285 38,558 94,681 Miscellaneous 1,418,949 1,138,650 950,964 1,338,381 1,858,107 1,763,275 Total 80,326,764 82,992,422 96,547,441 104,390,664 104,239,561 107,414,281 Expenditures: General Management and Support 14,147,518 11,642,286 11,753,081 15,929,441 16,839,903 17,758,836 Public Safety 40,650,660 43,013,173 58,461,316 60,939,168 63,444,262 64,187,767 Public Works 8,797,497 17,398,563 16,866,953 13,240,692 13,032,463 13,523,392 Health & Human Resource Dev. 3,601,469 3,836,705 3,140,999 3,021,327 3,110,698 3,165,206 Recreation & Cultural Opportunities 14,744,293 10,486,537 11,079,855 11,893,837 12,371,359 12,842,485 Housing & Economic Dev. 2,536,209 2,627,187 2,359,753 2,455,754 2,536,144 3,572,658 Total 84,477,646 89,004,451 103,661,957 107,480,219 111,334,829 115,050,345 Transfers In 6,826,313 7,233,511 7,769,334 8,099,626 12,446,096 -- Transfers Out (3,345,967) (2,601,467) (3,169,989) (4,046,974) (3,671,079) -- Interfund Transfers 3,480,346 4,632,044 4,599,345 4,052,652 8,775,017 8,133,142 Fund Balance, Beginning of Year 17,033,487 16,362,951 14,982,966 10,704,836 11,667,933 13,347,682 Prior period adjustment -- -- (1,762,959) -- -- (131,583) Fund Balance, End of Year $16,362,951 $14,982,966 $10,704,836 $11,667,933 $13,347,682 $13,713,178 (1)Figures for the fiscal year ended 12/31/2018 are preliminary and unaudited and are subject to change. Sources: The City; CAFR for fiscal years ended 12/31/2013 through 12/31/2017. Insurance Coverage The City maintains commercial all-risk property insurance with regard to City facilities, subject to a deductible of $75,000 per occurrence. The City maintains general liability insurance for claims in excess of $2.0 million per occurrence. (The remainder of this page has been left blank intentionally.) 436 of 611 - 18 - C\1311280.4 GENERAL OBLIGATION BONDED INDEBTEDNESS Outstanding General Obligation Debt The below table provides the City’s outstanding general obligation debt issues as of the issuance of the Bonds. General Obligation Debt by Issue Date of Amount Final Interest Rates Principal Issue Type of Obligation Issued Maturity Outstanding Outstanding 08/15/2010 Bonds, Series 2010A $ 6,500,000 12/01/2029 2.00% - 3.625% $ 4,395,000 08/15/2010 Taxable Bonds, Series 2010B 8,000,000 12/01/2019 2.50% - 3.30% 1,135,000 08/01/2011 Bonds, Series 2011A 19,240,000 12/01/2031 2.00% - 4.50% 12,300,000 07/26/2012 Bonds, Series 2012A 15,720,000 12/01/2032 3.00% - 3.25% 9,355,000 08/15/2013 Bonds, Series 2013A 12,565,000 12/01/2033 2.00% - 4.75% 10,325,000 11/20/2013 Ref. Bonds, Series 2013B 28,875,000 12/01/2025 2.00% - 3.00% 10,885,000 08/21/2014 Bonds, Series 2014 12,045,000 12/01/2034 1.25% - 5.00% 10,275,000 11/10/2015 Bonds, Series 2015A 13,095,000 12/01/2035 2.00% - 4.00% 11,680,000 11/10/2015 Ref. Bonds, Series 2015B 11,075,000 12/01/2022 2.00% - 3.00% 6,775,000 09/28/2016 Bonds, Series 2016A 13,715,000 12/01/2036 2.00% - 4.00% 12,680,000 09/28/2016 Ref. Bonds, Series 2016B 7,635,000 12/01/2026 2.00% - 3.00% 6,275,000 10/16/2017 Bonds, Series 2017A 13,990,000 12/01/2037 3.00% - 4.00% 13,530,000 10/16/2017 Ref. Bonds, Series 2017B 9,225,000 12/01/2027 2.00% - 4.00% 8,240,000 10/16/2017 Taxable Bonds, Series 2017C 5,000,000 12/01/2035 2.05% - 4.00% 5,000,000 08/07/2018 Bonds, Series 2018A 24,385,000 12/01/2043 3.125% - 5.00% 24,385,000 08/07/2018 Bonds, Series 2018B 16,545,000 12/01/2038 3.125% - 5.00% 16,545,000 08/07/2018 Ref. Bonds, Series 2018C 8,020,000 12/01/2028 4.00% - 5.00% 8,020,000 08/07/2018 Taxable Bonds, Series 2018D 3,570,000 12/01/2038 3.70% - 4.25% 3,570,000 Existing Total $175,370,000 Dated Date Bonds, Series 2019A* $ 13,285,000 $ 13,285,000 Dated Date Bonds, Series 2019B* 13,280,000 13,280,000 Total* $201,935,000 *Preliminary, subject to change. (The remainder of this page has been left blank intentionally.) 437 of 611 - 19 - C\1311280.4 The below table provides the City’s outstanding general obligation debt service as of the issuance of the Bonds. Total General Obligation Debt Service Year Outstanding G.O. Debt The Bonds(1) Total Ending Principal Interest Principal Interest Debt Service(1) 12/31/2019 $ 10,860,000 $ 6,246,086 $ - $ 630,919(2) $ 17,737,005 12/31/2020 11,115,000 5,937,069 400,000 1,328,250 18,780,319 12/31/2021 11,450,000 5,596,566 420,000 1,308,250 18,774,816 12/31/2022 12,040,000 5,231,584 790,000 1,287,250 19,348,834 12/31/2023 10,675,000 4,813,233 830,000 1,247,750 17,565,983 12/31/2024 10,650,000 4,421,070 870,000 1,206,250 17,147,320 12/31/2025 11,005,000 4,016,915 915,000 1,162,750 17,099,665 12/31/2026 10,105,000 3,587,125 960,000 1,117,000 15,769,125 12/31/2027 9,445,000 3,188,290 1,005,000 1,069,000 14,707,290 12/31/2028 8,715,000 2,820,290 1,060,000 1,018,750 13,614,040 12/31/2029 8,095,000 2,488,040 1,110,000 965,750 12,658,790 12/31/2030 7,905,000 2,181,437 1,165,000 910,250 12,161,687 12/31/2031 8,210,000 1,877,053 1,220,000 852,000 12,159,053 12/31/2032 7,290,000 1,556,600 1,280,000 791,000 10,917,600 12/31/2033 6,940,000 1,317,008 1,345,000 727,000 10,329,008 12/31/2034 6,310,000 1,081,062 1,415,000 659,750 9,465,812 12/31/2035 5,680,000 873,891 1,485,000 589,000 8,627,891 12/31/2036 4,525,000 686,421 1,560,000 514,750 7,286,171 12/31/2037 3,810,000 534,901 1,635,000 436,750 6,416,651 12/31/2038 3,020,000 401,825 1,720,000 355,000 5,496,825 12/31/2039 1,395,000 294,025 1,805,000 269,000 3,763,025 12/31/2040 1,445,000 245,200 830,000 178,750 2,698,950 12/31/2041 1,500,000 187,400 870,000 137,250 2,694,650 12/31/2042 1,560,000 127,400 915,000 93,750 2,696,150 12/31/2043 1,625,000 65,000 960,000 48,000 2,698,000 Total $175,370,000 $59,775,494 $26,565,000 $18,904,169 $280,614,662 (1)Preliminary, subject to change. (2)Includes capitalized interest through December 1, 2019. (The remainder of this page has been left blank intentionally.) 438 of 611 - 20 - C\1311280.4 A portion of the debt service on the City’s outstanding general obligation bonds is expected to be paid from sources other than general property taxes levied throughout the City. These sources include incremental taxes in TIF districts, special service area taxes, and revenues from various enterprise funds including sewer services fees (“Other Debt Service Sources”). The City’s total general obligation debt service schedule and portion expected to be paid from Other Debt Service Sources is presented in the table below; no assurance is given that such Other Debt Service Sources will be available or will be so applied. Total and Scheduled for Abatement General Obligation Debt Service(1) Expected to be Paid From Year Outstanding G.O. Debt(2)* Other Debt Service Sources(2)* Net Ending Principal Interest Principal Interest Debt Service(2)* 12/31/2019 $ 10,860,000 $ 6,877,005 $ 3,640,750 $ 2,429,556 $ 11,666,699 12/31/2020 11,515,000 7,265,319 1,953,890 1,458,812 15,367,617 12/31/2021 11,870,000 6,904,816 2,024,067 1,397,324 15,353,425 12/31/2022 12,830,000 6,518,834 2,234,396 1,331,801 15,782,638 12/31/2023 11,505,000 6,060,983 2,319,979 1,256,317 13,989,687 12/31/2024 11,520,000 5,627,320 2,521,632 1,177,358 13,448,330 12/31/2025 11,920,000 5,179,665 2,593,616 1,090,025 13,416,025 12/31/2026 11,065,000 4,704,125 2,539,427 996,895 12,232,803 12/31/2027 10,450,000 4,257,290 2,560,761 903,986 11,242,543 12/31/2028 9,775,000 3,839,040 2,623,967 811,624 10,178,450 12/31/2029 9,205,000 3,453,790 2,524,929 717,822 9,416,039 12/31/2030 9,070,000 3,091,687 2,630,951 631,000 8,899,736 12/31/2031 9,430,000 2,729,053 2,728,712 539,480 8,890,860 12/31/2032 8,570,000 2,347,600 2,341,406 443,174 8,133,021 12/31/2033 8,285,000 2,044,008 2,116,997 361,538 7,850,473 12/31/2034 7,725,000 1,740,812 2,050,530 284,854 7,130,427 12/31/2035 7,165,000 1,462,891 1,929,064 211,475 6,487,352 12/31/2036 6,085,000 1,201,171 1,177,597 140,857 5,967,717 12/31/2037 5,445,000 971,651 989,072 95,961 5,331,617 12/31/2038 4,740,000 756,825 972,009 55,423 4,469,394 12/31/2039 3,200,000 563,025 300,373 15,019 3,447,634 12/31/2040 2,275,000 423,950 - - 2,698,950 12/31/2041 2,370,000 324,650 - - 2,694,650 12/31/2042 2,475,000 221,150 - - 2,696,150 12/31/2043 2,585,000 113,000 - - 2,698,000 Total $201,935,000 $78,679,662 $44,774,125 $16,350,301 $219,490,236 (1)As of the Dated Date. (2)Amounts are rounded. (The remainder of this page has been left blank intentionally.) *Preliminary, subject to change. 439 of 611 - 21 - C\1311280.4 Overlapping General Obligation Bonded Debt (As of March 18, 2019) Total Percent Amount Taxing Body Outstanding Debt Allocable Allocable Cook County $2,950,121,751 1.82% $ 53,692,216 Cook County Forest Preserve District(1) 92,605,000 1.82% 1,685,411 Metropolitan Water Reclamation District(2) 2,679,240,889 1.86% 49,833,881 Skokie Park District(3) 3,076,000 0.62% 19,071 Community Consolidated School District No. 65 71,646,067 90.34% 64,725,057 Township High School District No. 202 26,865,000 90.34% 24,269,841 Community College District No. 535 32,130,000 12.00% 3,855,600 Total Overlapping General Obligation Bonded Debt $198,081,077 (1)Does not include $48,305,000 alternate revenue source bonds. (2)Does not include $97,190,000 alternate revenue source bonds. (3)Does not include $19,348,484 alternate revenue source bonds. Source: Cook County Tax Extension and the MSRB’s Electronic Municipal Market Access system (“EMMA”). Debt Ratios Metric Value True Value (2017) $8,220,180,360 EAV (2017)(1) 2,740,060,120 Population (U.S. Census Bureau 2013-2017 ACS 5-year population estimate) 75,557 Direct Debt (Property Tax Supported)* $ 157,160,875 Direct Debt (Supported by Other Sources)* 44,774,125 Total Direct Debt* $ 201,935,000 Self-imposed Debt Limit (Property Tax Supported)(2) $ 152,000,000 Total Overlapping Debt $ 198,081,077 Total Direct and Overlapping Debt* $ 400,016,077 Total Direct and Overlapping Debt (Less Debt Supported by Other Sources)* $ 355,241,952 General Obligation All General Debt (Less Debt Supported Debt Ratio Obligation Debt by Other Sources) Direct Debt Per True Value* 2.46% 1.91% Direct Debt Per EAV* 7.37% 5.74% Direct Debt Per Capita* $2,673 $2,080 Direct and Overlapping Debt Per True Value* 4.87% 4.32% Direct and Overlapping Debt Per EAV* 14.60% 12.96% Direct and Overlapping Debt Per Capita* $5,294 $4,702 (1)Does not include TIF incremental value. (2)See “THE CITY – Government” herein for a discussion of the City’s self-imposed debt limit. Direct Debt (Supported by Other Sources) is not subject to the self-imposed debt limit. *Preliminary, subject to change. 440 of 611 - 22 - C\1311280.4 General Obligation Debt Trends Year Governmental Business-Type Library Total Ending Activities Activities Component Unit General Obligation 12/31/2018 $144,701,821 $25,839,037 $4,829,139 $175,369,997 12/31/2017 117,965,915 25,504,953 3,029,128 146,499,996 12/31/2016 112,107,778 29,902,079 1,970,143 143,980,000 12/31/2015 114,683,721 30,957,894 1,643,381 147,284,996 12/31/2014 116,836,839 29,787,840 2,125,321 148,750,000 12/31/2013 117,531,511 30,411,358 2,767,131 150,710,000 12/31/2012 120,938,742 33,221,258 -- 154,160,000 12/31/2011 122,579,206 35,115,794 -- 157,695,000 2/28/2011 117,322,439 36,212,561 -- 153,535,000 2/28/2010 111,233,880 40,236,120 -- 151,470,000 [Future Financings] The City does not plan to issue additional debt during this calendar year. Fundraising efforts by Friends continue in order to minimize the City’s debt liability associated with the Robert Crown Project. REAL PROPERTY TAXATION As a home-rule municipality, the City has the ability to levy real property taxes on the taxable property in the City without limitation as to rate or amount. The City levies real property taxes for general government purposes, pension contributions, and general obligation debt service. Real property taxes are applied to taxable property based on its assessed value (less various exemptions), as equalized among counties by the Department of Revenue. This is referred to as the equalized assessed valuation or “EAV.” See “Real Property Assessment, Tax Levy, and Collections Procedures” herein. Taxable property is reassessed every three years. The most recent reassessment period was tax year 2017. The following table shows the City’s EAV in recent years. The taxes collected in 2017 were payable with respect to the EAV for tax year 2016. The EAV of property for tax year 2017 was approximately $2.74 billion, which does not include the EAV included in TIF districts (see “Tax Increment Financing” herein). Historic EAV(1) Tax Year Total % Change 2017 $2,740,060,120 2.61% 2016 2,670,411,769 21.60% 2015 2,196,021,525 -2.16% 2014 2,244,569,975 1.95% 2013 2,201,697,038 -12.44% 2012 2,514,621,552 -7.80% 2011 2,727,367,573 -10.34% 2010 3,041,884,087 -7.99% 2009 3,305,989,369 12.51% 2008 2,938,397,892 5.99% (1)TIF Incremental value not included. Source: Cook County Clerk’s Office. Property owned by not-for-profit colleges, universities, and hospitals is not subject to real property taxation. Northwestern University, the City’s largest employer, does not pay property taxes on educational properties. The University does pay its share of water and sewer charges, utilities taxes, permit fees, and other charges for services. 441 of 611 - 23 - C\1311280.4 EAV by Classification of Property(1) 2013 Percent 2014 Percent 2015 Percent 2016 Percent 2017 Percent Residential $1,653,524,481 75.10% $1,792,383,435 79.85% $1,751,252,888 79.75% $2,151,672,082 80.57% $2,178,182,897 79.49% Farm 15,956 0.00% 15,467 0.00% 15,467 0.00% 15,467 0.00% 15,467 0.00% Commercial 452,108,891 20.53% 416,165,953 18.54% 410,670,248 18.70% 483,830,858 18.12% 527,589,667 19.25% Industrial 94,820,879 4.31% 34,726,327 1.55% 32,549,681 1.48% 33,333,491 1.25% 32,680,857 1.195 Railroad 1,226,831 0.06% 1,278,793 0.06% 1,533,241 0.07% 1,559,871 0.06% 1,591,232 0.06% Total EAV $2,201,697,038 100.00% $2,244,569,975 100.00% $2,196,021,525 100.00% $2,670,411,769 100.00% $2,740,060,120 100.00% (1)Does not include TIF incremental value. See “Tax Incremental Financing” below. The City’s TIF incremental value for 2017 was $77,954,625. Note: Percentages may not add to 100% because of rounding. Source: Cook County Clerk’s Office. Tax Increment Financing Under Illinois law, municipalities may designate particular areas as redevelopment project areas and may provide for tax increment financing for redevelopment project costs in those TIF districts. In a TIF district, collections of real property taxes levied by all taxing bodies, to the extent attributed to increases in the EAV of the TIF district over its EAV when the TIF district was so designated, are deposited in a special tax allocation fund of the municipality and are available for use by the municipality to pay qualified redevelopment costs with respect to the TIF district. Qualified redevelopment costs include, among other items, costs of construction of public works or improvements, costs of rehabilitation of public or private buildings, and costs of land acquisition. Amounts in the special tax allocation fund for a TIF district also may be used to pay debt service on bonds issued by the municipality for qualified redevelopment costs of that district (“TIF Bonds”). To the extent that the tax collections in respect of a TIF district are deposited in the special tax allocation fund and used for qualified redevelopment costs or related debt service, they are not available for other governmental purposes, including paying unrelated general obligation bonds of the municipality. As of tax year 2017 the City has designated five TIF districts. The total incremental EAV of these districts for this tax year totaled $77,954,625. The EAV for these districts at the time the districts were so designated (the base or “frozen” value) was $91,489,225. EAV of Tax Increment Financing Districts 2013 2014 2015 2016 2017 Frozen Value $100,935,488 $ 99,927,882 $ 99,927,882 $ 91,489,225 $ 91,489,225 Incremental Value 73,305,912 67,584,148 64,362,312 68,721,151 77,954,625 Total EAV(1) $162,748,327 $157,025,794 $154,808,491 $158,901,401 $168,878,659 (1)The Total EAV of the TIF districts located in the City may not equal the sum of the Frozen Value and the Incremental EAV where the current EAV of certain TIF districts is less than the Frozen Value. Source: Cook County Clerk’s Office. TIF Bonds may, in some cases, also be general obligations of the municipality. In that case general obligation bonds, in addition to their other claims for payment, may have a claim for payment from the amounts on deposit in the special tax allocation fund for that TIF district. Special Service Areas Under Illinois law, municipalities may establish special service areas and may levy real property taxes with respect to taxable real property within the special service area to pay costs of special municipal services for the area or to pay debt service on bonds of the municipality issued to provide those special services. The City has established a number of special service areas for the upgrade of streets and sidewalks in its central business district. Taxes levied and collected with respect to special service areas are not shown as general revenues of the City. 442 of 611 - 24 - C\1311280.4 City Property Taxes The following table shows the collection history for real property taxes levied by the City. Tax Extensions and Collections Taxes Levy Collection Taxes Collected and Percent Year Year Extended Distributed Collected 2017 2018 $48,494,651 $45,908,361 94.67% 2016 2017 47,538,529 46,723,572 98.29% 2015 2016 46,394,914 44,974,845 96.94% 2014 2015 45,557,079 44,280,493 97.20% 2013 2014 43,869,798 42,762,685 97.48% 2012 2013 43,330,121 41,776,375 96.41% 2011 2012 43,397,590 42,064,756 96.93% 2010 2011 41,479,398 39,412,004 95.02% 2009 2010 39,779,364 38,018,159 95.57% 2008 2009 38,044,671 36,246,629 95.27% The following table shows the ten largest real property taxpayers in the City. Ten Largest Real Property Taxpayers Percentage 2017 Equalized of Total Taxpayer Type of Business Assessed Values City EAV Orrington TT LLC Golub Commercial buildings and public parking garage $ 30,589,645 1.09% Rotary International Non-profit organization 27,015,153 0.96% McCaffery Interests Commercial buildings 24,085,133 0.85% FSP 909 Davis Street Commercial buildings 20,064,249 0.71% MB Sherman Highlands Commercial buildings 17,562,846 0.62% Northshore University Health Commercial, healthcare 16,190,838 0.57% 1890 Maple LLC Apartments 15,850,962 0.56% Omni Orrington Hotel Hotel 14,841,112 0.53% TIAA PK Evanston Inc. Apartment building, super market, retail store 13,801,338 0.49% Evanston LLC Commercial buildings 12,869,296 0.46% Top Ten Total $192,870,473 6.84% City Total 2017 EAV, including TIF incremental value. $2,818,014,745 Source: Cook County Clerk’s Office. 443 of 611 - 25 - C\1311280.4 Property tax rates for City purposes, as well as rates for governmental bodies that substantially overlap the City are shown below. Historic City Tax Rates (Per $100 EAV) Fund 2013 2014 2015 2016 2017 Corporate $ 0.4351 $ 0.3939 $ 0.3896 $ 0.2954 $ 0.2942 Bond & Interest 0.5468 0.5298 0.4990 0.4234 0.4092 Garbage -- -- -- -- 0.0153 Police Pension 0.3740 0.3810 0.4208 0.3788 0.3775 Fire Pension 0.2809 0.2756 0.3286 0.3007 0.3003 IMRF 0.1225 0.1238 0.1238 0.1018 0.0930 General Assistance -- 0.0613 -- -- -- TOTAL $ 1.759 $ 1.765 $ 1.762 $ 1.501 $ 1.490 Tax Rates for Overlapping Taxing Agencies (Taxes Billed in 2017 – Per $100 EAV) Taxing Agency 2017 Rate City of Evanston $ 1.490 Cook County 0.496 Cook County Forest Preserve District 0.062 Consolidated Elections 0.031 City of Evanston Library Fund 0.247 General Assistance 0.034 Elementary School District No. 65 3.673 Evanston Township High School District No. 202 2.329 Oakton Community College District No. 535 0.232 Metropolitan Water Reclamation District 0.402 North Shore Mosquito Abatement District 0.010 Total - property not in park or special purpose district $ 9.006 Source: Cook County Clerk’s Office. Real Property Assessment, Tax Levy, and Collection Procedures The following is a summary of general real property assessment, tax levy, and collection procedures in the County. Real Property Assessment. The County Assessor (the “Assessor”) is responsible for the assessment of all taxable real property within the County, including such property located within the boundaries of the City, except for certain railroad property, pollution control facilities, and low sulfur dioxide emission coal-fueled devices, which are assessed directly by the Department of Revenue. For triennial reassessment purposes, Cook County is divided into three districts: west and south suburbs (the “South Tri”), north and northwest suburbs (the “North Tri”), and the City of Chicago (the “City Tri”). The City is located in the North Tri and was reassessed for the 2016 tax levy year. In response to the downturn of the real estate market, the Assessor reduced the 2009 assessed value on suburban residential properties (specifically, those properties located in the South Tri and the North Tri) not originally scheduled for reassessment in 2009. For tax year 2009, each suburban township received an adjustment percentage for tax year 2009, lowering the existing assessed values of all residential properties in such township within a range of 4% to 15%, beginning with the second-installment tax bills payable in the fall of 2010. Real property in the County is separated into classes for assessment purposes. After the Assessor establishes the fair market value of a parcel of property, that value is multiplied by the appropriate classification percentage to arrive at the assessed valuation (the “Assessed Valuation”) for the parcel. Such classification percentages range from 10% for certain residential, commercial, and industrial property to 25% for other industrial and commercial property. 444 of 611 - 26 - C\1311280.4 Property is classified for assessment into six basic categories, each of which is assessed (beginning with the 2009 tax levy year) at various percentages of fair market value as follows: Class 1 - unimproved real estate (10%); Class 2 - residential (10%); Class 3 - rental-residential (16% in tax year 2009, 13% in tax year 2010, and 10% in tax year 2011 and subsequent years); Class 4 - not-for- profit (25%); Class 5a - commercial (25%); and Class 5b - industrial (25%). In addition, property may be temporarily classified into one of eight additional assessment classification categories. Upon expiration of such classification, property so classified will revert to one of the basic six assessment classifications described above. The Assessor has established procedures enabling taxpayers to contest their proposed Assessed Valuations. Once the Assessor certifies its final Assessed Valuations, a taxpayer can seek review of its assessment by appealing to the Cook County Board of Review (the “Board of Review”), which consists of three commissioners elected by the voters of the County. The Board of Review has the power to adjust the Assessed Valuations set by the Assessor. Owners of residential property having six or fewer units are able to appeal decisions of the Board of Review to the Illinois Property Tax Appeal Board (the “PTAB”), a statewide administrative body. The PTAB has the power to determine the Assessed Valuation of real property based on equity and the weight of the evidence. Taxpayers may appeal the decision of PTAB to either the circuit court of Cook County (the “Circuit Court”) or the Illinois appellate court under the Illinois Administrative Review Law. As an alternative to seeking review of Assessed Valuations by PTAB, taxpayers who have first exhausted their remedies before the Board of Review may file an objection in the Circuit Court. The procedure under this alternative is similar to the judicial review procedure described in the immediately preceding paragraph, however, the standard of proof differs. In addition, in cases where the Assessor agrees that an assessment error has been made after tax bills have been issued, the Assessor can correct any factual error, and thus reduce the amount of taxes due, by issuing a Certificate of Error. Certificates of Error are not issued in cases where the only issue is the opinion of the valuation of the property. Equalization. After the Assessor has established the Assessed Valuation for each parcel for a given year, and following any revisions by the Board of Review or PTAB, the Department of Revenue is required by statute to review the Assessed Valuations. The Department of Revenue establishes an equalization factor (the “Equalization Factor”), commonly called the “multiplier,” for each county to make all valuations uniform among the 102 counties in the State. Under State law, the aggregate of the assessments within each county is equalized at 33-1/3% of the estimated fair cash value of real property located within the county prior to any applicable exemptions. One multiplier is applied to all property in the County, regardless of its assessment category, except for certain farmland property and wind energy assessable property, which are not subject to equalization. Once the Equalization Factor is established, the Assessed Valuation, as revised by the Board of Review or PTAB, is multiplied by the Equalization Factor to determine the EAV of that parcel. The EAV for each parcel is the final property valuation used for determination of tax liability. The aggregate EAV for all parcels in any taxing body’s jurisdiction, plus the valuation of property assessed directly by the Department of Revenue, constitute the total real estate tax base for the taxing body, which is used to calculate tax rates (the “Assessment Base”). Exemptions. The Illinois Property Tax Code, as amended (the “Property Tax Code”), currently provides for a variety of different homestead exemptions (“Homestead Exemptions”). Homestead Exemptions reduce the property tax burden of the recipient while increasing the tax burden for all other taxpayers in the taxing district. The General (Residential) Homestead Exemption reduces the taxable assessed value of an individual's primary residence by an amount equal to the increase in EAV over the 1977 EAV. The maximum assessment deduction for counties with 3,000,000 or more inhabitants is $7,000 for taxable years 2012 through 2016 and $10,000 for taxable years 2017 and thereafter. This exemption may be granted on a pro-rated basis for newly constructed homes based upon the number of days in the tax year the home was occupied by the taxpayer. The Disabled Persons’ Homestead Exemption is an additional exemption available to certain disabled individuals who meet State-mandated guidelines. The exemption reduces the taxable assessed value by an additional $2,000. The Long-Time Occupant Homestead Exemption limits the increase in EAV of a taxpayer’s homestead property to 10% per year if such taxpayer has owned the property for at least ten years as of January 1 of the assessment year (or five years if purchased with certain government assistance) and has a household income of $100,000 or less (“Qualified Homestead Property”). If the taxpayer’s annual income is $75,000 or less, the EAV of the Qualified Homestead Property may increase by no more than 7% per year. There is no exemption limit for Qualified Homestead Properties. The Homestead Improvement Exemption applies to residential properties that have been improved or rebuilt in the 2 years following a catastrophic event, as defined in the Property Tax Code. The exemption is limited to the fair cash value up to an annual 445 of 611 - 27 - C\1311280.4 maximum of $75,000 for up to four years (or $25,000 in assessed value, which is 33-1/3% of fair cash value), to the extent the assessed value deduction is attributable solely to such improvements or rebuilding. There are two additional exemptions for senior citizens. The Senior Citizens Homestead exemption operates annually to reduce the EAV on a senior citizen's home. The maximum reduction for counties with 3,000,000 or more inhabitants is $5,000 for taxable years 2013 through 2016 and $8,000 for taxable years 2017 and thereafter. Furthermore, property that is first occupied as a residence after January 1 of any assessment year by a person who is eligible for the Senior Citizens Homestead Exemption must be granted a pro-rata exemption for the assessment year based on the number of days during the assessment year that the property is occupied as a residence by a person eligible for the exemption. A Senior Citizens Assessment Freeze Homestead Exemption freezes property tax assessments for homeowners who are 65 and older and receive an annual income not in excess of $55,000 through taxable year 2016 and $65,000 for taxable year 2017 and thereafter. In general, this exemption limits the annual real property tax bill of such property by granting to qualifying senior citizens an exemption as to a portion of the valuation of their property. The exempt amount is the difference between (i) the current EAV of their residence and (ii) the base amount, which is the EAV of a senior citizen's residence for the year prior to the year in which he or she first qualifies and applies for this exemption, plus the EAV of improvements since such year. Beginning in taxable year 2017, the amount of the exemption is equal to the greater of the amount calculated as described in the previous sentence (as more completely set forth in the Property Tax Code) or $2,000. Beginning January 1, 2015, purchasers of certain single family homes and residences of one to six units located in certain targeted areas (as defined in the applicable section of the Property Tax Code) can apply for the Community Stabilization Assessment Freeze Pilot Program. To be eligible the purchaser must meet certain requirements for rehabilitating the property, including expenditures of at least $5 per square foot, adjusted by CPI. Upon meeting the requirements, the assessed value of the improvements is reduced by (a) 90% in the first seven years, (b) 65% in the eighth year, and (c) 35% in the ninth year. The benefit ceases in the tenth year. The program will be phased out by June 30, 2029. The Natural Disaster Homestead Exemption (the “Natural Disaster Exemption”) applies to homestead properties containing a residential structure that has been rebuilt following a natural disaster, as defined in the Property Tax Code, occurring in taxable year 2012 or any taxable year thereafter. The Natural Disaster Exemption is equal to the EAV of the residence in the first taxable year for which the taxpayer applies for the exemption minus the base amount. To be eligible for the Natural Disaster Exemption, the residential structure must be rebuilt within two years after the date of the natural disaster, and the square footage of the rebuilt residential structure may not be more than 110% of the square footage of the original residential structure as it existed immediately prior to the natural disaster. The Natural Disaster Exemption remains at a constant amount until the taxable year in which the property is sold or transferred. Three exemptions are available to veterans of the United States armed forces. The Veterans with Disabilities Exemption for Specially-Adapted Housing exempts up to $100,000 of the Assessed Valuation of property owned and used exclusively by veterans with a disability, their spouses or unmarried surviving spouses. Qualification for this exemption requires the veteran’s disability to be of such a nature that the federal government has authorized payment for purchase of specially adapted housing under the U.S. Code as certified to annually by the Illinois Department of Veterans Affairs or for housing or adaptations donated by a charitable organization to the veteran with a disability. The Standard Homestead Exemption for Veterans with Disabilities provides an annual homestead exemption to veterans with a service-connected disability based on the percentage of such disability. If the veteran has a (i) service-connected disability of 30% or more but less than 50%, the annual exemption is $2,500, (ii) service-connected disability of 50% or more but less than 70%, the annual exemption is $5,000, and (iii) service-connected disability of 70% or more, the property is exempt from taxation. The Returning Veterans’ Homestead Exemption is available for property owned and occupied as the principal residence of a veteran in the assessment year, and the year following the assessment year, in which the veteran returns from an armed conflict while on active duty in the United States armed forces. This provision grants a one-time, two-year homestead exemption of $5,000. Lastly, in addition to the Homestead Exemptions, certain property is exempt from taxation on the basis of ownership and/or use, such as public parks, not-for-profit schools and public schools, churches, and not-for-profit hospitals and public hospitals. Tax Levy. As part of the annual budgetary process of governmental units (the “Units”) with power to levy taxes in the County, the designated body for each Unit annually adopts proceedings to levy real estate taxes. The administration and collection of real estate taxes is statutorily assigned to the County Clerk and the County Treasurer. After the Units file their annual tax levies, the County Clerk computes the annual tax rate for each Unit. 446 of 611 - 28 - C\1311280.4 Extensions. The County Clerk then computes the total tax rate applicable to each parcel of real property by aggregating the tax rates of all of the Units having jurisdiction over the particular parcel. The County Clerk extends the tax by entering the tax (determined by multiplying the total tax rate by the EAV of that parcel for the current assessment year) in the books prepared for the County Collector (the “Warrant Books”) along with the tax rates, the Assessed Valuation, and the EAV. The Warrant Books are the County Collector’s authority for the collection of taxes and are used by the County Collector as the basis for issuing tax bills to all property owners. Collections. Property taxes are collected by the County Collector, who also serves as the County Treasurer, who remits to each Unit its share of the collections. Taxes levied in one year become payable during the following year in two installments, the first due on March 1 and the second on the later of August 1 or 30 days after the mailing of the tax bills. A payment due is deemed to be paid on time if the payment is postmarked on the due date. Beginning with the first installment payable in 2010, the first installment is equal to 55% of the prior year’s tax bill. However, if a Certificate of Error is approved by a court or certified on or before November 30 of the preceding year and before the estimated tax bills are prepared, then the first installment is instead based on the certain percentage of the corrected prior year’s tax bill. The second installment covers the balance of the current year’s tax bill, and is based on the then current tax year levy, Assessed Valuation, and Equalization Factor, and reflects any changes from the prior year in those factors. The following table sets forth the second installment penalty date for the last 10 tax levy years in Cook County; the first installment penalty date has been March 1 for all such years. Tax Levy Year Second Installment Penalty Date 2008 December 1, 2009 2009 December 13, 2010 2010 November 1, 2011 2011 August 1, 2012 2012 August 1, 2013 2013 August 1, 2014 2014 August 3, 2015 2015 August 1, 2016 2016 August 1, 2017 2017 August 1, 2018 It is possible that the changes to the assessment appeals process described above will cause delays similar to those experienced in past years in preparation and mailing of the second installment in future years. The County may provide for tax bills to be payable in four installments instead of two. However, the County has not required payment of tax bills in four installments. During the periods of peak collections, tax receipts are forwarded to each Unit on a weekly basis. Upon receipt of taxes from the County Collector, the City promptly credits the taxes received to the funds for which they were levied. At the end of each collection year, the County Collector presents the Warrant Books to the Circuit Court and applies for a judgment for all unpaid taxes. The court orders resulting from the application for judgment provides for an Annual Tax Sale (the “Annual Tax Sale”) of unpaid taxes shown on that year’s Warrant Books. A public sale is held, at which time successful tax buyers pay the unpaid taxes plus penalties. In each such public sale, the collector can use any “automated means.” Unpaid taxes accrue penalties at the rate of 1.5% per month from their due date until the date of sale. Taxpayers can redeem their property by paying the amount paid at the sale, plus a maximum of 12% for each six-month period after the sale. If no redemption is made within the applicable redemption period (ranging from six months to two and one-half years depending on the type and occupancy of the property) and the tax buyer files a petition in the Circuit Court, notifying the necessary parties in accordance with the applicable law, the tax buyer receives a deed to the property. In addition, there are miscellaneous statutory provisions for foreclosure of tax liens. If there is no sale of the tax lien on a parcel of property at the Annual Tax Sale, the taxes are forfeited and the property becomes eligible to be purchased at any time thereafter at an amount equal to all delinquent taxes and interest accrued to the date of purchase. Redemption periods and procedures are the same as applicable to the Annual Tax Sale. The Scavenger Sale (the “Scavenger Sale”), like the Annual Tax Sale, is a sale of unpaid taxes. The Scavenger Sale is held every two years on all property on which two or more years’ taxes are delinquent. The sale price of the unpaid taxes is the amount bid at such sale, which may be less than the amount of delinquent taxes. Redemption periods vary from six months to two and a half years depending upon the type and occupancy of the property. Truth in Taxation Law. Legislation known as the Truth in Taxation Law (the “Law”) limits the aggregate amount of certain taxes which can be levied by, and extended for, a taxing district to 105% of the amount of taxes extended in the preceding year unless specified notice, hearing, and certification requirements are met by the taxing body. The express purpose of the Law is to require published disclosure of, and hearing upon, an intention to adopt a levy in excess of the specified levels. 447 of 611 - 29 - C\1311280.4 PENSION AND RETIREMENT OBLIGATIONS(1) Illinois Municipal Retirement Fund The City contributes to the Illinois Municipal Retirement Fund (“IMRF”), a defined benefit agent multiple-employer public employee retirement system that acts as a common investment and administrative agent for local governments and school districts in the State (other than those covered by the Police or Firefighters' Pension Plan). The Illinois Pension Code establishes the benefit provisions of the plan that can only be amended by the Illinois General Assembly. IMRF issues a publicly available financial report that includes financial statements and supplementary information for the plan as a whole, but not by individual employer. That report may be obtained online at www.imrf.org or by writing to the Illinois Municipal Retirement Fund, 2211 York Road, Suite 500, Oak Brook, Illinois 60523. Plan Administration. All employees hired in positions that meet or exceed the prescribed annual hourly standard must be enrolled in IMRF as participating members. The plan is accounted for on the economic resources measurement focus and the accrual basis of accounting. Employer and employee contributions are recognized when earned in the year that the contributions are required; benefits and refunds are recognized as an expense and liability when due and payable. Benefits Provided. IMRF provides two tiers of pension benefits. Employees hired before January 1, 2011, are eligible for Tier 1 benefits. Tier 1 employees are vested for pension benefits when they have at least eight years of qualifying service credit. Tier 1 employees who retire at age 55 (at reduced benefits) or after age 60 (at full benefits) with eight years of service are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 1-2/3% of the final rate of earnings, for the first 15 years of service credit, plus 2% for each year of service credit after 15 years to a maximum of 75% of their final rate of earnings. The final rate of earnings is the highest total earnings during any consecutive 48 months within the last 10 years of service, divided by 48. Employees hired on or after January 1, 2011, are eligible for Tier 2 benefits. For Tier 2 employees, pension benefits vest after ten years of service. Participating members who retire at age 62 (reduced benefits) or after age 67 (full benefits) with ten years of credited service are entitled to an annual retirement benefit, payable monthly for life, in an amount equal to 1-2/3% of their final rate of earnings, for the first 15 years of service credit, plus 2% for each year of service credit after 15 years to a maximum of 75% of their final rate of earnings. Final rate of earnings is the highest total earnings during any 96 consecutive months within the last 10 years of service, divided by 96. Plan Membership. At December 31, 2016, IMRF membership consisted of the following: Inactive employees or their beneficiaries currently receiving benefits 664 Inactive employees entitled to but not yet receiving benefits 353 Active employees 539 Total 1,556 The IMRF data included in the table above included membership of both the City and the Library. Contributions. Employees participating in IMRF are required to contribute 4.50% of their annual covered salary to IMRF. The member rate is established by State statute. The City is required to contribute the remaining amounts necessary to fund IMRF as specified by statute. The employer contribution rate for the calendar year ended December 31, 2017 was 10.66% of covered payroll. (1)Source: The City; CAFR for fiscal year ended 12/31/2017. 448 of 611 - 30 - C\1311280.4 Actuarial Assumptions. The City’s net pension liability was measured as of December 31, 2016 and the total pension liability used to calculate the net pension liability was determined by an actuarial valuation performed as of the same date using the following actuarial methods and assumptions: Actuarial Valuation Date 12/31/2016 Actuarial Cost Method Entry-age Normal Asset Valuation Method Market Value Inflation Rate 2.75% Salary Increases 3.75% - 14.50% Investment Rate of Return 7.50% Cost of Living Adjustments 3.00% For nondisabled retirees, an IMRF specific mortality table was used with fully generational projection scale MP-2014 (base year 2012). IMRF specific rates were developed from the RP-2014 Blue Collar Health Annuitant Mortality Table with adjustments to match current IMRF experience. For disabled retirees, an IMRF specific mortality table was used with fully generational projection scale MP-2014 (base year 2012). IMRF specific rates were developed from the RP-2014 Disabled Retirees Mortality Table applying the same adjustment that were applied for nondisabled lives. For active members, an IMRF specific mortality table was used with fully generational projection scale MP-2014 (base year 2012). IMRF specific rates were developed from the RP-2014 Employee Mortality Table with adjustments to match current IMRF experience. Changes in assumptions related to retirement age and mortality were made since the prior measurement date. Discount Rate. The discount rate used to measure the total pension liability was 7.50%. The projection of cash flows used to determine the discount rate assumed that member contributions will be made at the current contribution rate and that the City contributions will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on those assumptions, the City’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Discount Rate Sensitivity. The following is a sensitivity analysis of the net pension liability (asset) to changes in the discount rate. The table below presents the net pension liability (asset) of the City calculated using the discount rate of 7.50% as well as what the City’s net pension liability (asset) would be if it were calculated using a discount rate that is 1 percentage point lower (6.50%) or 1 percentage point higher (8.50%) than the current rate: 1% Decrease (6.50%) Current Discount Rate (7.50%) 1% Increase (8.50%) City $41,946,384 $15,480,181 $(6,317,096) Library 4,072,688 1,503,385 (613,344) Total $46,019,072 $16,983,566 $(6,930,440) (The remainder of this page has been left blank intentionally.) 449 of 611 - 31 - C\1311280.4 Schedule of Changes in Net Pension Liability and Related Ratios. Total Pension Liability – Calendar Year Ending December 31, 2016 Service Cost $ 3,951,687 Interest 16,947,408 Changes in Benefit Terms - Difference Between Expected and Actual Experience (2,905,680) Changes of Assumptions (269,039) Benefit Payments, including Refunds of Employee Contributions (12,270,564) Net Change in Total Pension Liability 5,453,812 Total Pension Liability – Beginning of Year 230,426,570 Total Pension Liability – End of Year $235,880,382 Plan Fiduciary Net Position – Calendar Year Ending December 31, 2016 Contributions – Employer $ 3,963,856 Contributions – Employee 1,705,636 Net investment income 14,441,739 Benefit payments, including Refunds of Member Contributions (12,270,564) Administrative Expense (142,981) Net Change in Plan Fiduciary Net Position 7,697,686 Plan Fiduciary Net Position – Beginning 211,199,130 Plan Fiduciary Net Position – Ending $218,896,816 Employer Net Pension Liability $ 16,983,566 Plan Fiduciary Net Position as a % of Total Pension Liability 92.80% Covered-Employee Payroll $ 37,477,116 City’s Net Pension Liability as a % of Covered-Employee Payroll 45.32% Schedule of Employer Contributions. Fiscal Year Ended December 31, Actuarially Determined Contribution Actual Contribution Contribution Deficiency (Excess) % Contributed Covered Employee Payroll Contribution as a % of Covered Employee Payroll 2017 $3,698,900 $3,695,564 $ 3,336 99.9% $37,514,202 9.9% 2016 3,882,629 3,963,856 (81,227) 102.1% 37,477,116 10.6% 2015 3,977,718 4,018,268 (40,550) 101.0% 37,703,487 10.7% Police and Firefighters’ Pension Plans Plan Administration. The Police Pension Plan and Firefighters' Pension Plan are contributory, defined benefit public employee retirement plans administered by the City and a Board of Trustees for each fund. All sworn City police officers and firefighters are participants in the plans. The plans do not issue stand-alone financial reports and they are not included in the report of a public employee retirement system or another entity. The City accounts for the Police Pension and Firefighters' Pension Plans as pension trust funds. The plans are governed by a five-member pension board. Two members appointed by the City's Council, one elected by retired pension members, and two elected by active members, constitute the pension board. The Police and Firefighters' Pension Plans are accounted for on the economic resources measurement focus and the accrual basis of accounting. Employer and employee contributions are recognized when earned in the year that the contributions are required, benefits and refunds are recognized on an expense and liability when due and payable. For employer contributions, the City’s budget policy is to fund pension plans at the funding level recommended annually by the actuary. The General Fund is used to liquidate the net pension liability. 450 of 611 - 32 - C\1311280.4 Benefits Provided. As provided for by State statute, the Police and Firefighters' Pension Funds provide retirement benefits as well as death and disability benefits to employees grouped into two tiers. Tier 1 is for employees hired prior to January 1, 2011 and Tier 2 is for employees hired after that date. The following is a summary of the Police and Firefighters' Pension Funds as provided for by State statute. Police Pension Plan Tier 1 - Covered employees attaining the age of 50 or more with 20 or more years of creditable service are entitled to receive an annual retirement benefit of one half of the salary attached to the rank on the last day of service, or for one year prior to the last day, whichever is greater. The pension shall be increased by 2.5% of such salary for each additional year of service over 20 years up to 30 years to a maximum of 75% of such salary. Employees with at least 8 years but less than 20 years of credited service may retire at or after age 60 and receive a reduced retirement benefit. The monthly pension of a police officer who retired with 20 or more years of service after January 1, 1977 shall be increased annually, following the first anniversary date of retirement and paid upon reaching at least age 55, by 3% of the original pension and 3% compounded annually thereafter. Tier 2 - Covered employees attaining the age of 55 or more with 10 or more years of creditable service are entitled to receive a monthly pension of 2.5% of the final average salary for each year of creditable service. The salary is initially capped at $106,800 but increases annually thereafter and is limited to 75% of final average salary. Employees with 10 or more years of creditable service may retire at or after age 50 and receive a reduced retirement benefit. The monthly pension of a police officer shall be increased annually on the January 1 occurring either on or after the attainment of age 60 or the first anniversary of the pension start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase in the consumer price index (“CPI”), whichever is less. Firefighters’ Pension Plan Tier 1 - Covered employees attaining the age of 50 or more with 20 or more years of creditable service are entitled to receive a monthly retirement benefit of one-half of the monthly salary attached to the rank held in the fire service at the date of retirement. The monthly pension shall be increased by one-twelfth of 2.5% of such monthly salary for each additional month over 20 years of service through 30 years of service to a maximum of 75% of such monthly salary. Employees with at least 10 years but less than 20 years of credited service may retire at or after age 60 and receive a reduced retirement benefit. The monthly pension of a firefighter who retired with 20 or more years of service after January 1, 1977 shall be increased annually, following the first anniversary date of retirement and paid upon reaching at least the age 55, by 3% of the original pension and 3% compounded annually thereafter. Tier 2 - Covered employees attaining the age of 55 or more with 10 or more years of creditable service are entitled to receive a monthly pension of 2.5% of the final average salary for each year of creditable service. The salary is initially capped at $106,800 but increases annually thereafter and is limited to 75% of final average salary. Employees with 10 or more years of creditable service may retire at or after age 50 and receive a reduced retirement benefit. The monthly pension of a firefighter shall be increased annually on the January 1 occurring either on or after the attainment of age 60 or the first anniversary of the pension start date, whichever is later. Each annual increase shall be calculated at 3% or one-half the annual unadjusted percentage increase in the CPI, whichever is less. Plan Membership. At January 1, 2017, plan membership consisted of the following: Police Firefighters’ Inactive plan members or their beneficiaries currently receiving benefits 177 137 Inactive plan members entitled to but not yet receiving benefits 17 3 Active plan members 165 103 Total 359 243 Contributions. Covered employees are required to contribute 9.91% of their base salary to the Police Pension Plan. If an employee leaves covered employment with less than 20 years of service, accumulated employee contributions may be refunded without accumulated interest. The City is required to contribute the remaining amounts necessary to finance the plans as actuarially determined by an enrolled actuary. Effective January 1, 2011, the City's contributions must accumulate to the point where the past service cost for the Police Pension Plan is 90% funded by the year 2040. For the year ended December 31, 2017, the City's contribution was 67.09% of covered payroll. Participants contribute a fixed percentage of their base salary to the Firefighters' Pension Plan. At December 31, 2017, the contribution percentage was 9.455%. If a participant leaves covered employment with less than 20 years of service, accumulated participant contributions may be refunded without accumulated interest. The City is required to contribute the remaining amounts necessary to finance the plan as actuarially determined by an enrolled actuary. Effective January 1, 2011, the City’s contributions must 451 of 611 - 33 - C\1311280.4 accumulate to the point where the past service cost for the Firefighters' Pension Plan is 90% funded by the year 2040. For the year ended December 31, 2017, the City’s contribution was 79.58% of covered payroll. Actuarial Assumptions(1). The City’s total pension liability was determined by an actuarial valuation performed using the following actuarial methods and assumptions: Police Firefighters’ Actuarial Valuation Date 12/31/2017 12/31/2017 Actuarial Cost Method Entry-age Normal Entry-age Normal Asset Valuation Method Market Value Market Value Inflation Rate 2.50% 2.50% Salary Increases 7.36% - 3.62% 7.36% - 3.62% Investment Rate of Return 6.50% 6.50% Cost of Living Adjustments 3.00% - 1.25% 3.00% - 1.25% Mortality rates were based on the RP-2000 Combined Healthy Mortality table with a Blue Collar Adjustment, projected to the valuation date using Scale BB; disabled mortality rate is based on RP-2000 Disabled Retiree Mortality table, projected to the valuation date using Scale BB. Discount Rate(1). The discount rate used to measure both the total police pension liability and the total firefighters' pension liability was 6.50%. The projection of cash flows used to determine the discount rate assumed that member contributions will be made at the current contribution rate and that the City contribution will be made at rates equal to the difference between actuarially determined contribution rates and the member rate. Based on those assumptions, both the Police Pension Plan's and the Firefighter’s Pension Plan's fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Discount Rate Sensitivity(1). The following is a sensitivity analysis of the net pension liability (asset) to changes in the discount rate. The table below presents the net pension liability (asset) of the City calculated using the discount rate of 6.50% as well as what the City’s net pension liability (asset) would be if it were calculated using a discount rate that is 1 percentage point lower (5.50%) or 1 percentage point higher (7.50%) than the current rate: 1% Decrease (5.50%) Current Discount Rate (6.50%) 1% Increase (7.50%) Police $134,626,063 $103,897,772 $ 78,684,576 Firefighters’ 111,627,360 89,151,276 70,686,477 Total $246,253,423 $193,049,048 $149,371,053 (The remainder of this page has been left blank intentionally.) (1)Source: The City; Actuarial Valuation Reports for fiscal year ended 12/31/2017. The values contained in the Actuarial Valuation Reports for fiscal year ended 12/31/2017 assume Investment Rates of Return of 6.50% for both the Police Pension Plan and Firefighters’ Pension Plan, which is an adjustment from the values contained in the CAFR for fiscal year ended 12/31/2017, which assumed Investment Rates of Return of 6.25%. 452 of 611 - 34 - C\1311280.4 Schedule of Changes in Net Pension Liability and Related Ratios(1). Total Pension Liability – Calendar Year Ending December 31, 2017 Police Firefighters’ Service Cost $ 3,993,751 $ 2,813,961 Interest 14,088,889 10,507,435 Changes in Benefit Terms - - Difference Between Expected and Actual Experience 424,390 368,761 Changes of Assumptions - - Benefit Payments, including Refunds of Employee Contributions (11,475,943) (8,608,369) Net Change in Total Pension Liability 7,031,087 5,080,788 Total Pension Liability – Beginning of Year 218,496,352 163,143,565 Total Pension Liability – End of Year $225,527,439 $168,224,353 Plan Fiduciary Net Position – Calendar Year Ending December 31, 2017 Contributions – Employer $ 10,300,549 $ 8,205,800 Contributions – Employee 1,521,467 974,992 Net investment income 15,240,680 7,974,296 Benefit payments, including Refunds of Member Contributions (11,475,943) (8,609,369) Administrative Expense (148,631) (72,640) Net Change in Plan Fiduciary Net Position 15,438,122 8,473,079 Plan Fiduciary Net Position – Beginning 106,191,545 70,599,998 Plan Fiduciary Net Position – Ending $121,629,667 $ 79,073,077 Employer Net Pension Liability $103,897,772 $ 89,151,276 Plan Fiduciary Net Position as a % of Total Pension Liability 53.93% 47.00% Covered-Employee Payroll $ 15,352,846 $ 10,311,920 City’s Net Pension Liability as a % of Covered-Employee Payroll 676.73% 864.55% Schedule of Employer Contributions(1). Police Pension Plan Fiscal Year Ended December 31, Actuarially Determined Contribution Actual Contribution Contribution Deficiency (Excess) % Contributed Covered Employee Payroll Contribution as a % of Covered Employee Payroll 2017 $10,237,200 $10,300,549 $ (63,349) 100.6% $15,352,846 67.1% 2016 9,380,940 9,450,824 (69,884) 100.7% 17,474,672 54.1% 2015 8,257,475 8,804,264 (546,789) 106.6% 14,921,328 59.0% Firefighters’ Pension Plan Fiscal Year Ended December 31, Actuarially Determined Contribution Actual Contribution Contribution Deficiency (Excess) % Contributed Covered Employee Payroll Contribution as a % of Covered Employee Payroll 2017 $8,148,709 $8,205,800 $ (57,091) 100.7% $10,311,920 79.6% 2016 7,350,865 7,396,641 (45,776) 100.6% 10,546,779 70.1% 2015 5,903,483 6,385,244 (481,761) 108.2% 10,396,357 61.4% (1)Source: The City; Actuarial Valuation Reports for fiscal year ended 12/31/2017. The values contained in the Actuarial Valuation Reports for fiscal year ended 12/31/2017 assume Investment Rates of Return of 6.50% for both the Police Pension Plan and Firefighters’ Pension Plan, which is an adjustment from the values contained in the CAFR for fiscal year ended 12/31/2017, which assumed Investment Rates of Return of 6.25%. 453 of 611 - 35 - C\1311280.4 OTHER POSTEMPLOYMENT BENEFITS(1) The City's and Library’s group health insurance plan provides coverage to active employees and retirees (or other qualified terminated employees) at blended premium rates. This results in an other postemployment benefit (“OPEB”) for the retirees, commonly referred to as an implicit rate subsidy. The group health insurance plan does not issue a publicly available financial report. Contribution requirements are established through State laws. The City and Library implicitly contribute the difference between retiree's contributions and unblended rates. Retirees pay 100% of the blended premiums to cover themselves and their covered dependents ranging from $493 for single coverage to $1,891 for family coverage. The City pays 100% of health care premiums for police officers and firefighters, their dependents, and their surviving spouses and dependent children if they were injured or killed in the line of duty during an emergency, ranging from $493 for single coverage to $1,891 for family coverage. For the year ended December 31, 2017, the City and Library's estimated contribution to the plan is $832,345. The City's and the Library's annual OPEB cost (expense) is calculated based on the annual required contribution of the employer (“ARC”), an amount actuarially determined in accordance with parameters of GASB Statement No. 45. The ARC represents a level of funding that, if paid on an ongoing basis, is projected to cover normal cost each year and amortize any unfunded actuarial liabilities (or funding excess) over a period not to exceed 30 years. Plan Membership. At December 31, 2016 (the date of last actuarial valuation), membership consisted of the following: Retirees and beneficiaries currently receiving benefits 87 Terminated employees entitled to but not yet receiving benefits - Active employees 729 Total 816 The following table shows the components of the City’s annual OPEB cost for the year ended December 31, 2017, the estimated contributions to the plan, and changes in the City’s net OPEB obligation to the retiree health plan: ARC $1,271,450 Interest on net OPEB obligation 127,747 Adjustment to Annual Required Contribution (108,410) Annual OPEB cost 1,290,787 Contributions made (822,579) Change in OPEB obligation 468,208 Net OPEB obligation - Beginning 2,838,835 Net OPEB obligation - Ending $3,307,043 Trend Information. The City's annual OPEB cost, the percentage of annual OPEB cost contributed to the plan, and the net OPEB obligation for 2017 and two years prior were as follows: Fiscal Year Ending Annual OPEB Cost % of OPEB Contributed Net OPEB Obligation 12/31/2017 $1,290,787 63.73% $3,304,043 12/31/2016 1,287,185 58.89% 2,838,835 12/31/2015 1,086,641 92.27% 2,309,788 Funding Status. As of December 31, 2017, the City’s actuarial accrued liability for benefits was $15,018,773, all of which was unfunded. The covered payroll (annual payroll of active employees covered by the plan) was $62,745,197, and the percentage of the unfunded actuarial accrued liability to covered payroll was 23.94%. In the actuarial valuation as of December 31, 2016, the entry-age normal cost method was used. The actuarial assumptions include a 4.5% discount rate and an annual health care cost trend rate of 8.0% initially, reduced by decrements to an ultimate rate of 4.5%. Both rates include a 3.5% price inflation assumption. The actuarial value of retiree health plan assets was determined using techniques that spread the effects of short-term volatility in the market value of investments over a three-year period. Retiree health plan's unfunded actuarial accrued liability is being amortized as a level percentage of projected payroll on an open basis. The amortization period at December 31, 2016 was 30 years. (1)Source: The City; CAFR for fiscal year ended 12/31/2017. 454 of 611 - 36 - C\1311280.4 TAX EXEMPTION Federal tax law contains a number of requirements and restrictions which apply to the Bonds, including investment restrictions, periodic payments of arbitrage profits to the United States, requirements regarding the proper use of bond proceeds and the facilities financed therewith, and certain other matters. The City and the 501(c)(3) Organizations have covenanted or will covenant to comply with all requirements that must be satisfied in order for the interest on the Series A Bonds to be excludable from gross income for federal income tax purposes. Failure to comply with certain of such covenants could cause interest on the Series A Bonds to become includible in gross income for federal income tax purposes retroactively to the date of issuance of the Series A Bonds. The City has covenanted to comply with all requirements that must be satisfied in order for the interest on the Series B Bonds to be excludable from gross income for federal income tax purposes. Failure to comply with certain of such covenants could cause interest on the Series B Bonds to become includible in gross income for federal income tax purposes retroactively to the date of issuance of the Series B Bonds. Subject to compliance by the City and the 501(c)(3) Organizations with the above referenced covenants, under present law, in the opinion of Bond Counsel, interest on the Series A Bonds is excludable from the gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals. Subject to the City’s compliance with the above referenced covenants, under present law, in the opinion of Bond Counsel, interest on the Series B Bonds is excludable from the gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the federal alternative minimum tax for individuals. In rendering its opinions, Bond Counsel will rely upon certifications of the City with respect to certain material facts within the City’s knowledge. Bond Counsel’s opinions represent its legal judgment based upon its review of the law and the facts that it deems relevant to render such opinion and is not a guarantee of a result. The City has agreed to confirm that the 501(c)(3) Organizations are 501(c)(3) organizations and certain other matters prior to entering into use agreements with same. Ownership of the Bonds may result in collateral federal income tax consequences to certain taxpayers, including, without limitation, corporations subject to the branch profits tax, financial institutions, certain insurance companies, certain S corporations, individual recipients of Social Security or Railroad Retirement benefits and taxpayers who may be deemed to have incurred (or continued) indebtedness to purchase or carry tax-exempt obligations. Prospective purchasers of the Bonds should consult their tax advisors as to applicability of any such collateral consequences. The issue price for original issue discount (as further discussed below) and market discount purposes (the “OID Issue Price”) for each maturity of the Bonds is the price at which a substantial amount of such maturity of the Bonds is first sold to the public (excluding bond houses and brokers and similar persons or organizations acting in the capacity of underwriters, placement agents or wholesalers). The OID Issue Price of a maturity of the Bonds may be different from the prices set forth, or the prices corresponding to the yields set forth, on the inside cover page hereof. If the OID Issue Price of a maturity of the Bonds is less than the principal amount payable at maturity, the difference between the OID Issue Price of each such maturity, if any, of the Bonds (the “OID Bonds”) and the principal amount payable at maturity is original issue discount. For an investor who purchases an OID Bond in the initial public offering at the OID Issue Price for such maturity and who holds such OID Bond to its stated maturity, subject to the condition that the City (and the 501(c)(3) Organizations, with respect to the Series A Bonds) comply with the covenants discussed above, (a) the full amount of original issue discount with respect to such OID Bond constitutes interest which is excludable from the gross income of the owner thereof for federal income tax purposes; (b) such owner will not realize taxable capital gain or market discount upon payment of such OID Bond at its stated maturity; (c) such original issue discount is not included as an item of tax preference in computing the alternative minimum tax for individuals under the Code, as described above; and (d) the accretion of original issue discount in each year may result in certain other collateral federal income tax consequences in each year even though a corresponding cash payment may not be received until a later year. Based upon the stated position of the Department of Revenue, under Illinois income tax law, accreted original issue discount on such OID Bonds is subject to taxation as it accretes, even though there may not be a corresponding cash payment until a later year. Owners of OID Bonds should consult their own tax advisors with respect to the state and local tax consequences of original issue discount on such OID Bonds. Owners of Bonds who dispose of Bonds prior to the stated maturity (whether by sale, redemption or otherwise), purchase Bonds in the initial public offering, but at a price different from the OID Issue Price or purchase Bonds subsequent to the initial public offering should consult their own tax advisors. If a Bond is purchased at any time for a price that is less than the Bond’s stated redemption price at maturity or, in the case of an OID Bond, its OID Issue Price plus accreted original issue discount (the “Revised Issue Price”), the purchaser will be treated as 455 of 611 - 37 - C\1311280.4 having purchased a Bond with market discount subject to the market discount rules of the Code (unless a statutory de minimis rule applies). Accrued market discount is treated as taxable ordinary income and is recognized when a Bond is disposed of (to the extent such accrued discount does not exceed gain realized) or, at the purchaser’s election, as it accrues. Such treatment would apply to any purchaser who purchases an OID Bond for a price that is less than its Revised Issue Price. The applicability of the market discount rules may adversely affect the liquidity or secondary market price of such Bond. Purchasers should consult their own tax advisors regarding the potential implications of market discount with respect to the Bonds. An investor may purchase a Bond at a price in excess of its stated principal amount. Such excess is characterized for federal income tax purposes as “bond premium” and must be amortized by an investor on a constant yield basis over the remaining term of the Bond in a manner that takes into account potential call dates and call prices. An investor cannot deduct amortized bond premium relating to a tax-exempt bond. The amortized bond premium is treated as a reduction in the tax-exempt interest received. As bond premium is amortized, it reduces the investor’s basis in the Bond. Investors who purchase a Bond at a premium should consult their own tax advisors regarding the amortization of bond premium and its effect on the Bond’s basis for purposes of computing gain or loss in connection with the sale, exchange, redemption or early retirement of the Bond. There are or may be pending in Congress legislative proposals, including some that carry retroactive effective dates, that, if enacted, could alter or amend the federal tax matters referred to above or affect the market value of the Bonds. It cannot be predicted whether or in what form any such proposal might be enacted or whether, if enacted, it would apply to bonds issued prior to enactment. Prospective purchasers of the Bonds should consult their own tax advisors regarding any pending or proposed federal tax legislation. Bond Counsel expresses no opinion regarding any pending or proposed federal tax legislation. The Service has an ongoing program of auditing tax-exempt obligations to determine whether, in the view of the Service, interest on such tax-exempt obligations is includible in the gross income of the owners thereof for federal income tax purposes. It cannot be predicted whether or not the Service will commence an audit of the Bonds. If an audit is commenced, under current procedures the Service may treat the City as a taxpayer and the Bondholders may have no right to participate in such procedure. The commencement of an audit could adversely affect the market value and liquidity of the Bonds until the audit is concluded, regardless of the ultimate outcome. Payments of interest on, and proceeds of the sale, redemption or maturity of, tax-exempt obligations, including the Bonds, are in certain cases required to be reported to the Service. Additionally, backup withholding may apply to any such payments to any Bond owner who fails to provide an accurate Form W-9 Request for Taxpayer Identification Number and Certification, or a substantially identical form, or to any Bond owner who is notified by the Service of a failure to report any interest or dividends required to be shown on federal income tax returns. The reporting and backup withholding requirements do not affect the excludability of such interest from gross income for federal tax purposes. Interest on the Bonds is not exempt from present State of Illinois income taxes. Ownership of the Bonds may result in other state and local tax consequences to certain taxpayers. Bond Counsel expresses no opinion regarding any such collateral consequences arising with respect to the Bonds. Prospective purchasers of the Bonds should consult their tax advisors regarding the applicability of any such state and local taxes. See APPENDIX B for the proposed forms of Bond Counsel opinions for the Bonds. CONTINUING DISCLOSURE The City will enter into a Continuing Disclosure Undertaking (the “Undertaking”) for the benefit of the beneficial owners of the Bonds to send certain information annually and to provide notice of certain events to the Municipal Securities Rulemaking Board (the “MSRB”) pursuant to the requirements the Rule adopted by the Commission under the Exchange Act. The information to be provided on an annual basis, the events which will be noticed on an occurrence basis, and a summary of other terms of the Undertaking, including termination, amendment, and remedies, are set forth below under “THE UNDERTAKING” and APPENDIX C hereto. The City, pursuant to issuing its prior bonds, entered into continuing disclosure undertakings (the “Prior Undertakings”) to disseminate its audited financial statements and annual financing information (together, the “Annual Report”) and to file notice of certain events with respect to such prior bonds to certain information repositories as required by the Rule. The list of events for which the City is required to provide notice includes rating changes on the prior bonds. The City failed to file its Annual Report for fiscal year 2015 and failed to file its annual financial information for fiscal years 2013 and 2017 within the required timeframe pursuant to the Prior Undertakings for certain of its prior bonds. Further, the City failed to include certain annual financial information in its Annual Report for fiscal year 2013 with respect to certain water system revenue bonds. Notices of such failures have since been filed on EMMA for the City’s outstanding prior bonds. 456 of 611 - 38 - C\1311280.4 The City failed to file notices of certain rating changes by Moody’s on certain of its prior bonds within the required timeframe pursuant to the Prior Undertakings and the Rule. Notices of such rating changes have since been filed on EMMA for the City’s outstanding prior bonds. A failure by the City to comply with the Undertaking will not constitute a default under the Bond Ordinance and beneficial owners of the Bonds are limited to the remedies described in the Undertaking. See “THE UNDERTAKING – Consequences of Failure of the City to Provide Information” herein. A failure by the City to comply with the Undertaking must be reported in accordance with the Rule and must be considered by any broker, dealer or municipal securities dealer before recommending the purchase or sale of the Bonds in the secondary market. Consequently, such a failure may adversely affect the transferability and liquidity of the Bonds and their market price. Bond Counsel expresses no opinion as to whether the Undertaking complies with the requirements of Section (b)(5) of the Rule. THE UNDERTAKING The following is a brief summary of certain provisions of the Undertaking of the City and does not purport to be complete. The statements made under this caption are subject to the detailed provisions of the Undertaking, a form of which is attached hereto as APPENDIX C. Annual Financial Information Disclosure The City covenants that it will disseminate its Annual Financial Information and its Audited Financial Statements, if any (as described below), annually to the MSRB in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information. The City is required to deliver such information within 270 days after the last day of the City’s fiscal year (currently December 31), beginning with the fiscal year ending December 31, 2018. Audited Financial Statements as described below should be filed at the same time as the Annual Financial Information. If Audited Financial Statements are not available when the Annual Financial Information is filed, Audited Financial Statements will be submitted to EMMA within 30 days after availability to the City. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents to be filed with EMMA, including financial statements and other externally prepared reports. “Annual Financial Information” means the financial information and operating data of the type contained in the following headings and subheadings of the Official Statement: • All of the tables under the heading “FINANCES”; • All of the tables under the heading “GENERAL OBLIGATION BONDED INDEBTEDNESS” (other than the table entitled “Total and Scheduled for Abatement General Obligation Debt Service”); and • The following tables under the heading “REAL PROPERTY TAXATION”: o “Historic EAV”; o “EAV by Classification of Property”; o “Tax Extensions and Collections”; and o “Historic City Tax Rates.” “Audited Financial Statements” means the CAFR of the City prepared in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. All or a portion of the Annual Financial Information or Audited Financial Statements may be included by reference to other documents which have been submitted to EMMA. If the information included by reference is contained in an official statement, the official statement must be available from EMMA. The City shall clearly identify each such item of information included by reference. To the extent that the foregoing are included in or easily derived from the Audited Financial Statements, such information may not necessarily be restated separately under the Annual Financial Information. Reportable Events Disclosure The City covenants that it will disseminate in a timely manner, not in excess of ten business days after the occurrence of the Reportable Event (as defined below), Reportable Events disclosure to the MSRB in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission or the State at the time of delivery of such information. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents filed with EMMA, including financial statements and other externally prepared reports. The “Reportable Events” are: 457 of 611 - 39 - C\1311280.4 • Principal and interest payment delinquencies • Non-payment related defaults, if material • Unscheduled draws on debt service reserves reflecting financial difficulties • Unscheduled draws on credit enhancements reflecting financial difficulties • Substitution of credit or liquidity providers, or their failure to perform • Adverse tax opinions, the issuance by the Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security • Modifications to the rights of security holders • Bond calls, if material, and tender offers • Defeasances • Release, substitution or sale of property securing repayment of the securities, if material • Rating changes • Bankruptcy, insolvency, receivership or similar event of the City (1) • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement to any such actions, other than pursuant to its terms, if material • Appointment of a successor or additional trustee or the change of name of a trustee, if material • Incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affects security holders, if material (2) • Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the City, any of which reflects financial difficulties(2) Consequences of Failure of the City to Provide Information The City shall give notice in a timely manner to the MSRB of any failure to provide disclosure of Annual Financial Information and Audited Financial Statements when the same are due under the Undertaking. In the event of a failure of the City to comply with any provision of the Undertaking, the beneficial owner of any Bond may seek mandamus or specific performance by court order to cause the City to comply with its obligations under the Undertaking. A default under the Undertaking shall not be deemed a default under the Ordinance, and the sole remedy under the Undertaking in the event of any failure of the City to comply with the Undertaking shall be an action to compel performance. Amendment; Waiver Notwithstanding any other provision of the Undertaking, the City by ordinance authorizing such amendment or waiver, may amend the Undertaking, and any provision of the Undertaking may be waived, if: (a) (i) The amendment or waiver is made in connection with a change in circumstances that arises from a change in legal requirements, including without limitation, pursuant to a “no-action” letter issued by the Commission, a change in law, or a change in the identity, nature, or status of the City, or type of business conducted; or (ii) This Agreement, as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (b) The amendment or waiver does not materially impair the interests of the beneficial owners of the Bonds, as determined by parties unaffiliated with the City (such as Bond Counsel). (1)This Reportable Event is considered to occur when any of the following occurs: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under State or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. (2)The term “financial obligation” means a: (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) a guarantee of (i) or (ii). The term “financial obligation” does not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. 458 of 611 - 40 - C\1311280.4 In the event that the Commission or the MSRB or other regulatory authority approves or requires the Annual Financial Information, Audited Financial Statements, or notices of a Reportable Event to be filed with a central post office, governmental agency, or similar entity other than the MSRB or in lieu of the MSRB, the City shall, if required, make such dissemination to such central post office, governmental agency, or similar entity without the necessity of amending the Undertaking. Termination of Undertaking The Undertaking shall be terminated if the City shall no longer have any legal liability for any obligation on or relating to repayment of the Bonds under the Ordinance. The City shall give notice to the MSRB in a timely manner if this paragraph is applicable. Additional Information Nothing in the Undertaking shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in the Undertaking or any other means of communication, or including any other information in any Annual Financial Information or Audited Financial Statements or notice of occurrence of an event, in addition to that which is specifically required by the Undertaking. If the City chooses to include any information from any document or notice of occurrence of an event in addition to that which is specifically required by the Undertaking, the City shall have no obligation under the Undertaking to update such information or include it in any future disclosure or notice of occurrence of a Reportable Event. Dissemination of Information; Dissemination Agent When filings are required to be made with the MSRB in accordance with the Undertaking, such filings are required to be made through EMMA or through any other electronic format or system prescribed by the MSRB for purposes of the Rule. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under the Undertaking, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. BOND RATINGS The Bonds are rated “__” (___ Outlook) by Moody’s and “__” (___ Outlook) by Fitch. Such ratings reflect only the views of such organizations and any desired explanation of the significance of such ratings should be obtained from the rating agency furnishing the same, at the following addresses: Moody’s Investors Service, 99 Church Street, New York, New York 10007; Fitch Ratings, 70 West Madison Street, Chicago, Illinois 60602. Generally, a rating agency bases its rating on the information and materials furnished to it and on investigations, studies and assumptions of its own. There is no assurance such ratings will not be revised downward or withdrawn entirely by the rating agencies, if in the judgment of such rating agencies, circumstances so warrant. Any such downward revision or withdrawal of such ratings may have an adverse effect on the market price of the Bonds. Such ratings are not to be construed as recommendations of the rating agencies to buy, sell, or hold the Bonds, and the ratings assigned by the rating agencies should be evaluated independently. UNDERWRITING Bids for the Bonds were received at a competitive public sale on May 16, 2019. __________ has agreed, subject to the conditions of closing set forth in the notice of sale (the “Notice of Sale”) for the Series A Bonds, to purchase the Series A Bonds at a purchase price of $____ (consisting of the par amount of the Series A Bonds, plus net original issue premium of $___, less an underwriter's discount of $___), plus accrued interest, if any. __________ has agreed, subject to the conditions of closing set forth in the Series B Bonds Notice of Sale, to purchase the Series B Bonds at a purchase price of $____ (consisting of the par amount of the Series B Bonds, plus an original issue premium of $___, less an underwriter's discount of $___), plus accrued interest, if any. The Bonds will be offered at the respective initial public offering prices which produce the yields shown on the inside cover page of this Official Statement. After the Bonds are released for sale to the public, the initial public offering prices and other selling terms may from time to time be varied by the Underwriters. [LITIGATION] 459 of 611 - 41 - C\1311280.4 The City is subject from time to time to litigation in the ordinary course of its activities, including land use issues, employment, and traffic accidents, among other matters. There is no controversy or litigation of any nature now pending or, to the knowledge of the City, threatened to restrain or enjoin the issuance, sale, execution or delivery of the Bonds or the levy and collection of taxes to pay the debt service on the Bonds; or questioning the proceedings or authority pursuant to which the Bonds are issued and taxes levied; or questioning or relating to the validity of the Bonds, or contesting the corporate existence of the City or the titles of its present officers to their respective offices. FINANCIAL ADVISORS The City has engaged PFM Financial Advisors LLC and Independent Public Advisors, LLC (the “Financial Advisors”) in connection with the City’s issuance and sale of the Bonds. Under the terms of their engagement, the Financial Advisors are not obligated to undertake any independent verification of or assume any responsibility for the accuracy, completeness, or fairness of the information contained in this Official Statement. Both PFM Financial Advisors LLC and Independent Public Advisors, LLC are registered with the Commission and the MSRB as a municipal advisor. LEGAL MATTERS Certain legal matters incident to the authorization, issuance, and sale of the Bonds are subject to the approving legal opinion of Chapman and Cutler LLP, which has been retained by, and acts as, Bond Counsel to the City. Bond Counsel has not been retained or consulted on disclosure matters and has not undertaken to review or verify the accuracy, completeness, or sufficiency of this Official Statement or other offering material relating to the Bonds and assumes no responsibility for the statements or information contained in or incorporated by reference in this Official Statement, except that in its capacity as Bond Counsel, Chapman and Cutler LLP has, at the request of the City, reviewed only those portions of this Official Statement involving the description of the Bonds, the security for the Bonds (excluding forecasts, projections, estimates, or any other financial or economic information in connection therewith), and the description of the federal tax exemption of the interest on the Bonds. This review was undertaken solely at the request and for the benefit of the City and did not include any obligation to establish or confirm factual matters set forth herein. Certain legal matters in conjunction with the issuance of the Bonds will be passed upon for the City by its Law Department. Ice Miller LLP, Chicago, Illinois will serve as Disclosure Counsel to the City. CLOSING CERTIFICATE The City will provide to the purchasers at the time of delivery of the Bonds, a certificate confirming to the purchaser that, to the best of their knowledge and belief, the Official Statement, together with any supplements to it, as of the date of sale and at the time of delivery of the Bonds, was true and correct in all material respects and did not at any time contain any untrue statement of a material fact or omit to state a material fact required to be stated, where necessary to make the statements, in light of the circumstances under which they were made, not misleading. This Official Statement has been duly approved, executed and delivered by the City. City of Evanston, Cook County, Illinois By: /s/ City Manager By: /s/ Mayor 460 of 611 A-1 C\1311280.4 APPENDIX A AUDITED ANNUAL FINANCIAL REPORT OF THE CITY OF EVANSTON, IL FOR THE YEAR ENDED DECEMBER 31, 2017 The Comprehensive Annual Financial Report The City’s Comprehensive Annual Financial Report for the year ended December 31, 2017, is available from EMMA and is hereby incorporated by reference. The independent auditor has not been engaged to perform, and has not performed since the date of its report (a portion of which is included herein), any procedures on the financial statements addressed in the report nor on this Official Statement, nor has the independent auditor been asked to give consent to the inclusion of this appendix in this Official Statement. 461 of 611 B-1 C\1311280.4 APPENDIX B PROPOSED FORMS OF BOND COUNSEL OPINIONS 462 of 611 B-2 C\1311280.4 PROPOSED FORM OF OPINION OF BOND COUNSEL [LETTERHEAD OF CHAPMAN AND CUTLER LLP] [TO BE DATED CLOSING DATE] We hereby certify that we have examined certified copy of the proceedings (the “Proceedings”) of the City Council of the City of Evanston, Cook County, Illinois (the “City”) passed preliminary to the issue by the City of its fully registered General Obligation Corporate Purpose Bonds, Series 2019A (the “Bonds”), to the amount of $___________, dated the date hereof, due serially on December l of the years and in the amounts and bearing interest as follows: YEAR AMOUNT ($) RATE (%) 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 the Bonds due on or after December 1, 20__, being subject to redemption prior to maturity at the option of the City as a whole or in part in any order of their maturity as determined by the City (less than all of the Bonds of a single maturity to be selected by the Bond Registrar), on December 1, 20__, or on any date thereafter, at the redemption price of par plus accrued interest to the redemption date, as provided in the Proceedings, and we are of the opinion that the Proceedings show lawful authority for said issue under the laws of the State of Illinois now in force. 463 of 611 B-3 C\1311280.4 We further certify that we have examined the form of bond prescribed for said issue and find the same in due form of law, and in our opinion said issue, to the amount named, is valid and legally binding upon the City and is payable from any funds of the City legally available for such purpose, and all taxable property in the City is subject to the levy of taxes to pay the same without limitation as to rate or amount, except that the rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, moratorium, reorganization and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial discretion. It is our opinion that, subject to compliance by the City and certain 501(c)(3) organizations with certain covenants (the “Covenants”), under present law, interest on the Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the alternative minimum tax for individuals under the Internal Revenue Code of 1986, as amended. Failure to comply with certain of the Covenants could cause interest on the Bonds to be includible in gross income for federal income tax purposes retroactively to the date of issuance of the Bonds. Ownership of the Bonds may result in other federal tax consequences to certain taxpayers, and we express no opinion regarding any such collateral consequences arising with respect to the Bonds. We express no opinion herein as to the accuracy, adequacy or completeness of any information furnished to any person in connection with any offer or sale of the Bonds. In rendering this opinion, we have relied upon certifications of the City with respect to certain material facts within the City’s knowledge. Our opinion represents our legal judgment based upon our review of the law and the facts that we deem relevant to render such opinion and is not a guarantee of a result. This opinion is given as of the date hereof and we assume no obligation to revise or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. 464 of 611 B-4 C\1311280.4 PROPOSED FORM OF OPINION OF BOND COUNSEL [LETTERHEAD OF CHAPMAN AND CUTLER LLP] [TO BE DATED CLOSING DATE] We hereby certify that we have examined certified copy of the proceedings (the “Proceedings”) of the City Council of the City of Evanston, Cook County, Illinois (the “City”) passed preliminary to the issue by the City of its fully registered General Obligation Corporate Purpose Bonds, Series 2019B (the “Bonds”), to the amount of $____________, dated the date hereof, due serially on December l of the years and in the amounts and bearing interest as follows: YEAR AMOUNT ($) RATE (%) 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 the Bonds due on or after December 1, 20__, being subject to redemption prior to maturity at the option of the City as a whole or in part in any order of their maturity as determined by the City (less than all of the Bonds of a single maturity to be selected by the Bond Registrar), on December 1, 20__, or on any date thereafter, at the redemption price of par plus accrued interest to the redemption date, as provided in the Proceedings, and we are of the opinion that the Proceedings show lawful authority for said issue under the laws of the State of Illinois now in force. We further certify that we have examined the form of bond prescribed for said issue and find the same in due form of law, and in our opinion said issue, to the amount named, is valid and legally binding upon the City and is payable from any funds of the City legally available for 465 of 611 B-5 C\1311280.4 such purpose, and all taxable property in the City is subject to the levy of taxes to pay the same without limitation as to rate or amount, except that the rights of the owners of the Bonds and the enforceability of the Bonds may be limited by bankruptcy, insolvency, moratorium, reorganization and other similar laws affecting creditors’ rights and by equitable principles, whether considered at law or in equity, including the exercise of judicial discretion. It is our opinion that, subject to the City’s compliance with certain covenants, under present law, interest on the Bonds is excludable from gross income of the owners thereof for federal income tax purposes and is not included as an item of tax preference in computing the alternative minimum tax for individuals under the Internal Revenue Code of 1986, as amended. Failure to comply with certain of such City covenants could cause interest on the Bonds to be includible in gross income for federal income tax purposes retroactively to the date of issuance of the Bonds. Ownership of the Bonds may result in other federal tax consequences to certain taxpayers, and we express no opinion regarding any such collateral consequences arising with respect to the Bonds. We express no opinion herein as to the accuracy, adequacy or completeness of any information furnished to any person in connection with any offer or sale of the Bonds. In rendering this opinion, we have relied upon certifications of the City with respect to certain material facts within the City’s knowledge. Our opinion represents our legal judgment based upon our review of the law and the facts that we deem relevant to render such opinion and is not a guarantee of a result. This opinion is given as of the date hereof and we assume no obligation to revise or supplement this opinion to reflect any facts or circumstances that may hereafter come to our attention or any changes in law that may hereafter occur. 466 of 611 C-1 C\1311280.4 APPENDIX C FORM OF CONTINUING DISCLOSURE UNDERTAKING 467 of 611 C-2 C\1311280.4 CONTINUING DISCLOSURE UNDERTAKING FOR THE PURPOSE OF PROVIDING CONTINUING DISCLOSURE INFORMATION UNDER SECTION (B)(5) OF RULE 15C2-12 This Continuing Disclosure Undertaking (this “Agreement”) is executed and delivered by the City of Evanston, Cook County, Illinois (the “City”), in connection with the issuance of $_________________ General Obligation Corporate Purpose Bonds, Series 2019A, and $_________________ General Obligation Corporate Purpose Bonds, Series 2019B (together, the “Bonds”). The Bonds are being issued pursuant to an ordinance adopted by the City Council of the City on the 22nd day of April, 2019 (as supplemented by the Bond Order authorized therein and executed in connection with the sale of the Bonds, the “Ordinance”). In consideration of the issuance of the Bonds by the City and the purchase of such Bonds by the beneficial owners thereof, the City covenants and agrees as follows: 1. PURPOSE OF THIS AGREEMENT. This Agreement is executed and delivered by the City as of the date set forth below, for the benefit of the beneficial owners of the Bonds and in order to assist the Participating Underwriters in complying with the requirements of the Rule (as defined below). The City represents that it will be the only obligated person with respect to the Bonds at the time the Bonds are delivered to the Participating Underwriters and that no other person is expected to become so committed at any time after issuance of the Bonds. 2. DEFINITIONS. The terms set forth below shall have the following meanings in this Agreement, unless the context clearly otherwise requires. Annual Financial Information is defined in the Official Statement. Annual Financial Information Disclosure means the dissemination of disclosure concerning Annual Financial Information and the dissemination of the Audited Financial Statements as set forth in Section 4. Audited Financial Statements means the audited financial statements of the City prepared pursuant to the principles and as described in Exhibit I. Commission means the Securities and Exchange Commission. Dissemination Agent means any agent designated as such in writing by the City and which has filed with the City a written acceptance of such designation, and such agent’s successors and assigns. EMMA means the MSRB through its Electronic Municipal Market Access system for municipal securities disclosure or through any other electronic format or system prescribed by the MSRB for purposes of the Rule. Exchange Act means the Securities Exchange Act of 1934, as amended. 468 of 611 C-3 C\1311280.4 Financial Obligation means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that “financial obligation” shall not include municipal securities as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. MSRB means the Municipal Securities Rulemaking Board. Official Statement means the Final Official Statement, dated ______________, 2019, and relating to the Bonds. Participating Underwriter means each broker, dealer or municipal securities dealer acting as an underwriter in the primary offering of the Bonds. Reportable Event means the occurrence of any of the Events with respect to the Bonds set forth in Exhibit II. Reportable Events Disclosure means dissemination of a notice of a Reportable Event as set forth in Section 5. Rule means Rule 15c2-12 adopted by the Commission under the Exchange Act, as the same may be amended from time to time. State means the State of Illinois. Undertaking means the obligations of the City pursuant to Sections 4 and 5. 3. CUSIP NUMBERS. The CUSIP Numbers of the Bonds are set forth in Exhibit III. The City will include the CUSIP Numbers in all disclosure materials described in Sections 4 and 5 of this Agreement. 4. ANNUAL FINANCIAL INFORMATION DISCLOSURE. Subject to Section 8 of this Agreement, the City hereby covenants that it will disseminate its Annual Financial Information and its Audited Financial Statements (in the form and by the dates set forth in Exhibit I) to EMMA in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information and by such time so that such entities receive the information by the dates specified. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents required to be filed with EMMA, including financial statements and other externally prepared reports. If any part of the Annual Financial Information can no longer be generated because the operations to which it is related have been materially changed or discontinued, the City will disseminate a statement to such effect as part of its Annual Financial Information for the year in which such event first occurs. If any amendment or waiver is made to this Agreement, the Annual Financial Information for the year in which such amendment or waiver is made (or in any notice or supplement provided to EMMA) 469 of 611 C-4 C\1311280.4 shall contain a narrative description of the reasons for such amendment or waiver and its impact on the type of information being provided. 5. REPORTABLE EVENTS DISCLOSURE. Subject to Section 8 of this Agreement, the City hereby covenants that it will disseminate in a timely manner (not in excess of ten business days after the occurrence of the Reportable Event) Reportable Events Disclosure to EMMA in such manner and format and accompanied by identifying information as is prescribed by the MSRB or the Commission at the time of delivery of such information. MSRB Rule G-32 requires all EMMA filings to be in word-searchable PDF format. This requirement extends to all documents required to be filed with EMMA, including financial statements and other externally prepared reports. Notwithstanding the foregoing, notice of optional or unscheduled redemption of any Bonds or defeasance of any Bonds need not be given under this Agreement any earlier than the notice (if any) of such redemption or defeasance is given to the Bondholders pursuant to the Ordinance. 6. CONSEQUENCES OF FAILURE OF THE CITY TO PROVIDE INFORMATION. The City shall give notice in a timely manner to EMMA of any failure to provide Annual Financial Information Disclosure when the same is due hereunder. In the event of a failure of the City to comply with any provision of this Agreement, the beneficial owner of any Bond may seek mandamus or specific performance by court order, to cause the City to comply with its obligations under this Agreement. A default under this Agreement shall not be deemed a default under the Ordinance, and the sole remedy under this Agreement in the event of any failure of the City to comply with this Agreement shall be an action to compel performance. 7. AMENDMENTS; WAIVER. Notwithstanding any other provision of this Agreement, the City by ordinance or resolution authorizing such amendment or waiver, may amend this Agreement, and any provision of this Agreement may be waived, if: (a) (i) The amendment or waiver is made in connection with a change in circumstances that arises from a change in legal requirements, including without limitation, pursuant to a “no-action” letter issued by the Commission, a change in law, or a change in the identity, nature, or status of the City, or type of business conducted; or (ii) This Agreement, as amended, or the provision, as waived, would have complied with the requirements of the Rule at the time of the primary offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (b) The amendment or waiver does not materially impair the interests of the beneficial owners of the Bonds, as determined by parties unaffiliated with the City (such as Bond Counsel). In the event that the Commission or the MSRB or other regulatory authority shall approve or require Annual Financial Information Disclosure or Reportable Events Disclosure to be made to a central post office, governmental agency or similar entity other than EMMA or in lieu of EMMA, the City shall, 470 of 611 C-5 C\1311280.4 if required, make such dissemination to such central post office, governmental agency or similar entity without the necessity of amending this Agreement. 8. TERMINATION OF UNDERTAKING. The Undertaking of the City shall be terminated hereunder if the City shall no longer have any legal liability for any obligation on or relating to repayment of the Bonds under the Ordinance. The City shall give notice to EMMA in a timely manner if this Section is applicable. 9. DISSEMINATION AGENT. The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. 10. ADDITIONAL INFORMATION. Nothing in this Agreement shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Agreement or any other means of communication, or including any other information in any Annual Financial Information Disclosure or notice of occurrence of a Reportable Event, in addition to that which is required by this Agreement. If the City chooses to include any information from any document or notice of occurrence of a Reportable Event in addition to that which is specifically required by this Agreement, the City shall have no obligation under this Agreement to update such information or include it in any future disclosure or notice of occurrence of a Reportable Event. 11. BENEFICIARIES. This Agreement has been executed in order to assist the Participating Underwriters in complying with the Rule; however, this Agreement shall inure solely to the benefit of the City, the Dissemination Agent, if any, and the beneficial owners of the Bonds, and shall create no rights in any other person or entity. 12. RECORDKEEPING. The City shall maintain records of all Annual Financial Information Disclosure and Reportable Events Disclosure, including the content of such disclosure, the names of the entities with whom such disclosure was filed and the date of filing such disclosure. 13. ASSIGNMENT. The City shall not transfer its obligations under the Ordinance unless the transferee agrees to assume all obligations of the City under this Agreement or to execute an Undertaking under the Rule. 14. GOVERNING LAW. This Agreement shall be governed by the laws of the State. CITY OF EVANSTON, COOK COUNTY, ILLINOIS By Mayor Date: ________________, 2019 471 of 611 EXHIBIT I C\1311280.4 EXHIBIT I ANNUAL FINANCIAL INFORMATION AND TIMING AND AUDITED FINANCIAL STATEMENTS All or a portion of the Annual Financial Information and the Audited Financial Statements as set forth below may be included by reference to other documents which have been submitted to EMMA or filed with the Commission. If the information included by reference is contained in a Final Official Statement, the Final Official Statement must be available on EMMA; the Final Official Statement need not be available from the Commission. The City shall clearly identify each such item of information included by reference. Annual Financial Information exclusive of Audited Financial Statements will be submitted to EMMA by 270 days after the last day of the City’s fiscal year (currently December 31), beginning with the fiscal year ending December 31, 2018. Audited Financial Statements as described below should be filed at the same time as the Annual Financial Information. If Audited Financial Statements are not available when the Annual Financial Information is filed, Audited Financial Statements will be submitted to EMMA within 30 days after availability to the City. Audited Financial Statements will be prepared in accordance with accounting principles generally accepted in the United States of America. If any change is made to the Annual Financial Information as permitted by Section 4 of the Agreement, the City will disseminate a notice of such change as required by Section 4. 472 of 611 EXHIBIT II C\1311280.4 EXHIBIT II EVENTS WITH RESPECT TO THE BONDS FOR WHICH REPORTABLE EVENTS DISCLOSURE IS REQUIRED 1. Principal and interest payment delinquencies 2. Non-payment related defaults, if material 3. Unscheduled draws on debt service reserves reflecting financial difficulties 4. Unscheduled draws on credit enhancements reflecting financial difficulties 5. Substitution of credit or liquidity providers, or their failure to perform 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security 7. Modifications to the rights of security holders, if material 8. Bond calls, if material, and tender offers 9. Defeasances 10. Release, substitution or sale of property securing repayment of the securities, if material 11. Rating changes 12. Bankruptcy, insolvency, receivership or similar event of the City∗ 13. The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material 14. Appointment of a successor or additional trustee or the change of name of a trustee, if material 15. (a) Incurrence of a Financial Obligation of the City, if material, or (b) an agreement to covenants, events of default, remedies, priority rights, or other similar terms of a Financial Obligation of the City, any of which affect security holders, if material. 16. Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties. ∗ This event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. 473 of 611 EXHIBIT-III C\1311280.4 EXHIBIT III CUSIP NUMBERS SERIES 2019A YEAR OF MATURITY CUSIP NUMBER (299228) SERIES 2019B YEAR OF MATURITY CUSIP NUMBER (299228) 474 of 611 D-1 C\1311280.4 APPENDIX D OFFICIAL NOTICES OF SALE AND BID FORMS 475 of 611 D-2 C\1311280.4 OFFICIAL NOTICE OF SALE $13,285,000 ∗ City of Evanston, Cook County, Illinois General Obligation Corporate Purpose Bonds, Series 2019A Dated the Date of Delivery Date, Time and Place. IRREVOCABLE ELECTRONIC BIDS will be received by PFM Financial Advisors LLC, 190 S. LaSalle St., Suite 2000, Chicago, Illinois 60603, financial advisor acting on behalf of the City of Evanston, Cook County, Illinois (the “City”), for all but not part of the City’s $13,285,000* General Obligation Corporate Purpose Bonds, Series 2019A (the “Bonds”), until [10:15] a.m. (Central Time) on: May 16, 2019 at which time electronic bids will be retrieved and all bids publicly read. Electronic bids must be submitted through Parity®. Term of the Bonds. The Bonds will be dated their date of delivery, and will mature December 1 in the years and amounts as follows: MATURITY SCHEDULE Year Amount* 2022 $ 345,000 2023 365,000 2024 380,000 2025 400,000 2026 420,000 2027 440,000 2028 465,000 2029 485,000 2030 510,000 2031 535,000 2032 560,000 2033 590,000 2034 620,000 2035 650,000 2036 685,000 2037 715,000 2038 755,000 2039 790,000 2040 830,000 2041 870,000 2042 915,000 2043 960,000 Interest on said Bonds will be payable semi-annually on June 1 and December 1, commencing December 1, 2019. Adjustments to Principal Amounts After Determination of Best Proposal. The aggregate principal amount of the Bonds, and each scheduled maturity thereof, are subject to increase or reduction by the City or its designee after the determination of the successful bidder. Such adjustments shall be the sole discretion of the City provided that the City or its designee shall only make such adjustments in order to size the Bonds to provide enough funds to effect the project funds, or to establish a debt service structure that is acceptable to the City. ∗Preliminary, subject to change. 476 of 611 D-3 C\1311280.4 Term Bond Option. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. Call Feature. The Bonds maturing on December 1, 2030, and thereafter are subject to redemption prior to maturity at the option of the City on December 1, 2029, and any date thereafter, in whole or in part and if in part in such principal amounts and from such maturities as the City shall determine and within any maturity by lot at a redemption price of par plus accrued interest to the date fixed for redemption. Registration. The Bonds will be issued as fully registered bonds without coupons and, when issued, will be registered only in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York (“DTC”). The City will assume no liability for failure of DTC, its participants or other nominees to promptly transfer payments to beneficial owners of the Bonds. In the event that the securities depository relationship with DTC for the Bonds is terminated and the City does not appoint a successor depository, the City will prepare, authenticate and deliver, at its expense, fully registered certificated Bonds in the denomination of $5,000 or any integral multiple thereof in the aggregate principal amount of Bonds of the same maturities and with the same interest rate or rates then outstanding to the beneficial owners of the Bonds. Security and Purpose. The Bonds are general obligations of the City. The principal of and interest on the Bonds will be payable from ad valorem taxes, which shall be levied without limitation as to rate or amount upon all taxable property located in the territory of the City. The Bonds are being issued for the purpose of (i) paying a portion of the cost of the construction and equipment of a new Robert Crown Community Center, Ice Complex, and Library Center; (ii) paying capitalized interest on the Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Bonds. Not Bank Qualified. The Bonds will not be designated “qualified tax-exempt obligations” pursuant to the provisions of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Bid Specifications. Bids shall be received on an interest rate basis in an integral multiple of One-Twentieth (1/20) or One-Eighth (1/8) of One Percent (1%). All Bonds of the same maturity shall bear the same interest rate. A rate of interest must be named for each maturity; a zero rate of interest shall not be named; and the premium, if any, must be paid in cash as part of the purchase price. The minimum rate of interest is 5.0% on the December 1, 2030 maturity and later. The maximum rate of interest is 7.0% on all maturities. No supplemental interest shall be specified. Each bid shall offer to purchase all of the Bonds and shall offer a price (payable in federal or other immediately available funds) which is not less than $13,152,150* (99.0% of par), plus accrued interest to the date of delivery. Good Faith Deposit. A good faith deposit in the amount of ONE HUNDRED THIRTY TWO THOUSAND EIGHT HUNDRED FIFTY DOLLARS* ($132,850*) is only required by the successful bidder for the Bonds. The successful bidder for the Bonds is required to submit such Good Faith Deposit payable to the order of the City in the form of a wire transfer in federal funds. Instructions for wiring the Good Faith Deposit are as follows: Destination: First Bank and Trust (Evanston, Illinois) ABA #: 071925538 For credit to: City of Evanston, Illinois Account #: 0754460515 Account Name: Robert Crown Fund The successful bidder shall submit the Good Faith Deposit within two hours after verbal award is made. The successful bidder should provide as quickly as it is available, evidence of wire transfer by providing the City the federal funds reference number. If the Good Faith Deposit is not received in the time allotted, the bid of the successful bidder may be rejected and the City may direct the next lowest bidder to submit a Good Faith Deposit and thereafter may award the sale of the Bonds to the same. If the successful bidder fails to comply with the Good Faith Deposit requirement as *Preliminary, subject to change. 477 of 611 D-4 C\1311280.4 described herein, that bidder is nonetheless obligated to pay to the City the sum of $132,850 * as liquidated damages due to the failure of the successful bidder to timely deposit the Good Faith Deposit. Submission of a bid to purchase the Bonds serves as acknowledgement and acceptance of the terms of the Good Faith Deposit requirement. The Good Faith Deposit so wired will be retained by the City until the delivery of the Bonds, at which time the Good Faith Deposit will be applied against the purchase price of the Bonds or the good faith deposit will be retained by the City as partial liquidated damages in the event of the failure of the successful bidder to take up and pay for such Bonds in compliance with the terms of the Official Notice of Sale and of its bid. No interest on the good faith deposit will be paid by the City. The balance of the purchase price must be wired in federal funds to the account detailed in the closing memorandum, simultaneously with delivery of the Bonds. Insurance on Bonds. In the event the successful bidder obtains a bond insurance policy for all or a portion of the Bonds, by or on behalf of it or any other member of its underwriting group, the successful bidder is responsible for making sure that disclosure information is provided about the credit enhancement provider (for example, through a wrapper to the Official Statement). The City will cooperate with the successful bidder in this manner. The costs of obtaining any bond insurance policy and the costs of providing disclosure information about the credit enhancement provider shall be paid by the successful bidder. In addition, the successful bidder will be required, as a condition for delivery of the Bonds, to certify that the premium will be less than the present value of the interest expected to be saved as a result of such insurance. Electronic Bidding. The City assumes no responsibility or liability for electronic bids. If any provisions in this Official Notice of Sale conflict with information provided by Parity®, this Official Notice of Sale shall control. Further information about the electronic bidding service providers, including any fee charged and applicable requirements, may be obtained from: Parity®/IPREO 1359 Broadway, 2nd Floor New York, New York 10018 (212) 849-5021 phone Award. Unless all bids are rejected, the Bonds will be awarded to the bidder whose proposal shall result in the lowest true interest cost to the City. The true interest cost is computed as the discount rate which, when used with semiannual compounding to determine the present worth of the principal and interest payments as of the date of the Bonds, produces an amount equal to the purchase price. If two or more bids provide the same lowest true interest rate, the City shall determine which proposal shall be accepted, and such determination shall be final. A computation by the bidder of such true interest cost rate contained in any bid shall be for information only and shall not constitute a part of the bid. The purchaser shall pay accrued interest from the date of the Bonds to the date of delivery and payment of the purchase price. Establishment of the Issue Price. The successful bidder shall assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City prior to Closing a certificate acceptable to Bond Counsel setting forth the reasonably expected initial public offering price to the public (the “Initial Public Offering Price”), or the sales price or prices of the Bonds, together with the supporting pricing wires or equivalent communications, in the form attached hereto as Exhibit A (the “Issue Price Certificate”), with such modifications as may be appropriate or necessary in the reasonable judgment of the successful bidder, the City or Chapman and Cutler LLP, Chicago, Illinois, Bond Counsel (“Bond Counsel”). All actions to be taken by the City under this Official Notice of Sale to establish the issue price of the Bonds may be taken on behalf of the City by the City’s municipal advisor identified herein and any notice or report to be provided to the City may be provided to the City’s municipal advisor. * Preliminary, subject to change. 478 of 611 D-5 C\1311280.4 The City intends that the provisions of Treasury Regulation Section 1.148-1(f)(3)(i) (defining “competitive sale” for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (the “competitive sale requirements”) because: (1) the City shall disseminate this Official Notice of Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters; (2) all bidders shall have an equal opportunity to bid; (3) the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and (4) the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the highest price (or lowest interest cost), as set forth in this Official Notice of Sale. Any bid submitted to this Official Notice of Sale shall be considered a firm offer for the purchase of the Bonds, as specified in the bid. In the event the City receives less than three bids that conform to the parameters contained herein such that the competitive sale requirements are not satisfied, the City intends to treat the initial public offering price to the public of each maturity of the Bonds as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). Consequently, bidders should assume for purposes of making its bid that, if the competitive sale requirements described above are not met, and less than 10% of any maturity has been sold to the public at the initial public offering price, as of the sale date, the bidder will be required to comply with the hold-the offering-price rule described below. The City will advise the apparent winning bidder within one hour of receipt of bids if the hold-the-offering-price rule will apply as to any maturities for which less than 10% has been sold to the public on the sale date at the initial public offering price to the public (the “10% test”). The winning bidder shall notify the City on the sale date as to any maturities for which the 10% test has been met, and shall apply the hold-the-offering-price rule to all other maturities. In the event that the competitive sale requirements are not satisfied, the issue price certificate shall be modified as necessary in the reasonable judgment of Bond Counsel and the City. By submitting a bid, the successful bidder shall, on behalf of the underwriters participating in the purchase of the Bonds, (i) confirm that the underwriters have offered or will offer each maturity of the Bonds to the public on or before the date that the Bonds are awarded by the City to the successful bidder (“Sale Date”) at the initial public offering price set forth in the bid submitted by the winning bidder, and (ii) agree, on behalf of the underwriters participating in the purchase of the Bonds, that the underwriters will neither offer nor sell any maturity of the Bonds to any person at a price that is higher than the initial public offering price for such maturity during the period starting on the Sale Date and ending on the earlier of the following: (1) the close of the fifth business day after the Sale Date; or (2) the date on which the underwriters have sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial public offering price for such maturity. The winning bidder shall promptly advise the City when the underwriters have sold 10% of that maturity of the Bonds to the public at a price that is no higher than the initial public offering price if that occurs prior to the close of the fifth (5th) business day after the Sale Date. The City acknowledges that, in making the representation set forth above, the successful bidder will rely on (i) the agreement of each underwriter to comply with the hold-the-offering-price rule, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the hold-the-offering-price rule, as set forth in a selling group agreement and the related pricing wires, and (iii) in the event that an underwriter is a party to a third-party distribution agreement that was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the hold- 479 of 611 D-6 C\1311280.4 the-offering-price rule, as set forth in the third-party distribution agreement and the related pricing wires. The City further acknowledges that each underwriter shall be solely liable for its failure to comply with its agreement regarding the hold- the-offering-price rule and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution agreement to comply with its corresponding agreement regarding the hold-the-offering-price rule as applicable to the Bonds. By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each third-party distribution agreement (to which the bidder is a party) relating to the sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such third-party distribution agreement, as applicable, to (A) report the prices at which it sells to the public the Bonds of each maturity allotted to it until it is notified by the successful bidder that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if and for so long as directed by the successful bidder and in the related pricing wires, and (ii) any agreement among underwriters relating to the sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such third-party distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the successful bidder or such underwriter that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if and for so long as directed by the successful bidder or such underwriter and as set forth in the related pricing wires. Sales of any Bonds to any person that is a related party to an underwriter shall not constitute sales to the public for purposes of this Official Notice of Sale. Further, for purposes of this Official Notice of Sale: (i) “public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an underwriter or a related party, (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Bonds to the public), (iii) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (iv) “sale date” means the date the Bonds are awarded by the City to the winning bidder. 480 of 611 D-7 C\1311280.4 Undertakings of the Successful Bidder. The successful bidder will, within 30 minutes after being notified that such firm is the apparent winning bidder of the Bonds, advise the City in writing of the initial public offering price to the public of each maturity of the Bonds. Prior to the delivery of the Bonds, the successful bidder will furnish the Issue Price Certificate to the City. It will be the responsibility of the successful bidder to institute such syndicate reporting requirements, to make such investigation, or otherwise to ascertain the facts necessary to enable it to execute the Issue Price Certificate. Delivery. The Bonds will be delivered in typewritten form, registered in the name of Cede & Co., as nominee of The Depository Trust Company, securities depository of the Bonds for the establishment of book-entry accounts at the direction of the successful bidder, within approximately 45 days after the award. Payment at the time of delivery must be made in federal or other immediately available funds. In the event delivery is not made within 45 days after the date of the sale of the Bonds, the successful bidder may, prior to tender of the Bonds, at its option, be relieved of its obligation under the contract to purchase the Bonds and its good faith check shall be returned, but no interest shall be allowed thereon. Delivery of the Bonds is currently anticipated to be on or about June 10, 2019. Legal Opinion. The successful bidder will be furnished without cost, the unqualified approving legal opinion of Bond Counsel. By submitting a bid, any bidder makes the representation that it understands Bond Counsel represents the City in the Bond transaction and, if such bidder has retained Bond Counsel in an unrelated matter, such bidder consents to and waives any conflict of interest arising from any adverse position to the City in this matter; such consent and waiver shall supersede any formalities otherwise required in any separate understandings, guidelines or contractual arrangements between the bidder and Bond Counsel. CUSIP Numbers. The City will assume no obligation for the assignment of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon. The City will permit such numbers to be assigned and printed at the expense of the original purchaser, but neither the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for failure or refusal by the original purchaser to accept delivery of the Bonds. Application for CUSIP numbers is the obligation of the purchaser. PFM Financial Advisors LLC, the City’s municipal advisor, will request the assignment of CUSIP numbers prior to the sale of the Bonds. Official Statement. Upon the sale of the Bonds, the City will publish an Official Statement in substantially the same form as the Preliminary Official Statement subject to minor additions, deletions and revisions as required to complete the Preliminary Official Statement. Promptly after the sale date, but in no event later than seven business days after such date, the City will provide without cost to the successful bidder a reasonable number of copies of the Official Statement (not to exceed 20 copies). The successful bidder will be responsible for uploading the Official Statement via the EMMA system. The successful bidder agrees to supply to the City all necessary pricing information and any underwriter identification necessary to complete the Official Statement within 24 hours after the award of Bonds. Certification Regarding Official Statement. The City will deliver, at closing, a certificate, executed by appropriate officers of the City acting in their official capacities, to the effect that the facts contained in the Official Statement relating to the City and the Bonds are true and correct in all material respects, and that the Official Statement does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Undertaking to Provide Continuing Disclosure. A Continuing Disclosure Undertaking (the “Undertaking”) will be delivered at closing setting forth the details and terms of the City’s undertaking and the Undertaking is a condition of closing. In order to assist bidders in complying with SEC Rule 15c2-12, as amended, the City will covenant in the Undertaking to provide annual reports and timely notice of certain events for the benefit of holders of the Bonds. The form of the Undertaking is included in the Preliminary Official Statement and in the final Official Statement. Transcript of Proceedings. A transcript of the proceedings relative to the issuance of the Bonds will be furnished to the successful bidder without cost, including a Closing Certificate stating that there is no litigation pending or threatened affecting the validity of or the security for the Bonds. Irregularities. The City Council reserves the right to reject any and all bids and to waive any and all irregularities. 481 of 611 D-8 C\1311280.4 Information. The Preliminary Official Statement can be viewed on the worldwide web at www.i-dealprospectus.com or copies of the Preliminary Official Statement and additional information may be obtained by addressing inquiries to the City’s financial advisor, PFM Financial Advisors LLC, 190 S. LaSalle St., Suite 2000, Chicago, Illinois 60603, Attention: PFM Financial Advisors LLC – Shannon Jacobson, phone (312) 523-2437, email jacobsons@pfm.com. * * * * * 482 of 611 D-9 C\1311280.4 OFFICIAL NOTICE OF SALE $13,280,000 ∗ City of Evanston, Cook County, Illinois General Obligation Corporate Purpose Bonds, Series 2019B Dated the Date of Delivery Date, Time and Place. IRREVOCABLE ELECTRONIC BIDS will be received by PFM Financial Advisors LLC, 190 S. LaSalle St., Suite 2000, Chicago, Illinois 60603, financial advisor acting on behalf of the City of Evanston, Cook County, Illinois (the “City”), for all but not part of the City’s $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B (the “Bonds”), until [10:15] a.m. (Central Time) on: May 16, 2019 at which time electronic bids will be retrieved and all bids publicly read. Electronic bids must be submitted through Parity®. Term of the Bonds. The Bonds will be dated their date of delivery, and will mature December 1 in the years and amounts as follows: MATURITY SCHEDULE Year Amount* 2020 $ 400,000 2021 420,000 2022 445,000 2023 465,000 2024 490,000 2025 515,000 2026 540,000 2027 565,000 2028 595,000 2029 625,000 2030 655,000 2031 685,000 2032 720,000 2033 755,000 2034 795,000 2035 835,000 2036 875,000 2037 920,000 2038 965,000 2039 1,015,000 Interest on said Bonds will be payable semi-annually on June 1 and December 1, commencing December 1, 2019. Adjustments to Principal Amounts After Determination of Best Proposal. The aggregate principal amount of the Bonds, and each scheduled maturity thereof, are subject to increase or reduction by the City or its designee after the determination of the successful bidder. Such adjustments shall be the sole discretion of the City provided that the City or its designee shall only make such adjustments in order to size the Bonds to provide enough funds to effect the refunding, or to establish a debt service structure that is acceptable to the City. ∗Preliminary, subject to change. 483 of 611 D-10 C\1311280.4 Term Bond Option. Proposals for the Bonds may contain a maturity schedule providing for a combination of serial and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. Call Feature. The Bonds maturing on December 1, 2030, and thereafter are subject to redemption prior to maturity at the option of the City on December 1, 2029, and any date thereafter, in whole or in part and if in part in such principal amounts and from such maturities as the City shall determine and within any maturity by lot at a redemption price of par plus accrued interest to the date fixed for redemption. Registration. The Bonds will be issued as fully registered bonds without coupons and, when issued, will be registered only in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York (“DTC”). The City will assume no liability for failure of DTC, its participants or other nominees to promptly transfer payments to beneficial owners of the Bonds. In the event that the securities depository relationship with DTC for the Bonds is terminated and the City does not appoint a successor depository, the City will prepare, authenticate and deliver, at its expense, fully registered certificated Bonds in the denomination of $5,000 or any integral multiple thereof in the aggregate principal amount of Bonds of the same maturities and with the same interest rate or rates then outstanding to the beneficial owners of the Bonds. Security and Purpose. The Bonds are general obligations of the City. The principal of and interest on the Bonds will be payable from ad valorem taxes, which shall be levied without limitation as to rate or amount upon all taxable property located in the territory of the City. The Bonds are being issued for the purpose of (i) providing for capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2019 in the City’s Capital Improvement Plan, as adopted by the City Council; (ii) paying capitalized interest on the Bonds through December 1, 2019; and (iii) paying costs related to the issuance of the Bonds. Not Bank Qualified. The Bonds will not be designated “qualified tax-exempt obligations” pursuant to the provisions of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. Bid Specifications. Bids shall be received on an interest rate basis in an integral multiple of One-Twentieth (1/20) or One-Eighth (1/8) of One Percent (1%). All Bonds of the same maturity shall bear the same interest rate. A rate of interest must be named for each maturity; a zero rate of interest shall not be named; and the premium, if any, must be paid in cash as part of the purchase price. The minimum rate of interest is 5.0% on the December 1, 2030 maturity and later. The maximum rate of interest is 7.0% on all maturities. No supplemental interest shall be specified. Each bid shall offer to purchase all of the Bonds and shall offer a price (payable in federal or other immediately available funds) which is not less than $13,147,200* (99.0% of par), plus accrued interest to the date of delivery. Good Faith Deposit. A good faith deposit in the amount of ONE HUNDRED THIRTY TWO THOUSAND EIGHT HUNDRED DOLLARS* ($132,800*) is only required by the successful bidder for the Bonds. The successful bidder for the Bonds is required to submit such Good Faith Deposit payable to the order of the City in the form of a wire transfer in federal funds. Instructions for wiring the Good Faith Deposit are as follows: Destination: First Bank and Trust (Evanston, Illinois) ABA #: 071925538 For credit to: City of Evanston, Illinois Account #: 4012041 Account Name: Capital Improvements Fund The successful bidder shall submit the Good Faith Deposit within two hours after verbal award is made. The successful bidder should provide as quickly as it is available, evidence of wire transfer by providing the City the federal funds reference number. If the Good Faith Deposit is not received in the time allotted, the bid of the successful bidder may be rejected and the City may direct the next lowest bidder to submit a Good Faith Deposit and thereafter may award the sale of the Bonds to the same. If the successful bidder fails to comply with the Good Faith Deposit requirement as *Preliminary, subject to change. 484 of 611 D-11 C\1311280.4 described herein, that bidder is nonetheless obligated to pay to the City the sum of $132,800* as liquidated damages due to the failure of the successful bidder to timely deposit the Good Faith Deposit. Submission of a bid to purchase the Bonds serves as acknowledgement and acceptance of the terms of the Good Faith Deposit requirement. The Good Faith Deposit so wired will be retained by the City until the delivery of the Bonds, at which time the Good Faith Deposit will be applied against the purchase price of the Bonds or the good faith deposit will be retained by the City as partial liquidated damages in the event of the failure of the successful bidder to take up and pay for such Bonds in compliance with the terms of the Official Notice of Sale and of its bid. No interest on the good faith deposit will be paid by the City. The balance of the purchase price must be wired in federal funds to the account detailed in the closing memorandum, simultaneously with delivery of the Bonds. Insurance on Bonds. In the event the successful bidder obtains a bond insurance policy for all or a portion of the Bonds, by or on behalf of it or any other member of its underwriting group, the successful bidder is responsible for making sure that disclosure information is provided about the credit enhancement provider (for example, through a wrapper to the Official Statement). The City will cooperate with the successful bidder in this manner. The costs of obtaining any bond insurance policy and the costs of providing disclosure information about the credit enhancement provider shall be paid by the successful bidder. In addition, the successful bidder will be required, as a condition for delivery of the Bonds, to certify that the premium will be less than the present value of the interest expected to be saved as a result of such insurance. Electronic Bidding. The City assumes no responsibility or liability for electronic bids. If any provisions in this Official Notice of Sale conflict with information provided by Parity®, this Official Notice of Sale shall control. Further information about the electronic bidding service providers, including any fee charged and applicable requirements, may be obtained from: Parity®/IPREO 1359 Broadway, 2nd Floor New York, New York 10018 (212) 849-5021 phone Award. Unless all bids are rejected, the Bonds will be awarded to the bidder whose proposal shall result in the lowest true interest cost to the City. The true interest cost is computed as the discount rate which, when used with semiannual compounding to determine the present worth of the principal and interest payments as of the date of the Bonds, produces an amount equal to the purchase price. If two or more bids provide the same lowest true interest rate, the City shall determine which proposal shall be accepted, and such determination shall be final. A computation by the bidder of such true interest cost rate contained in any bid shall be for information only and shall not constitute a part of the bid. The purchaser shall pay accrued interest from the date of the Bonds to the date of delivery and payment of the purchase price. Establishment of the Issue Price. The successful bidder shall assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City prior to Closing a certificate acceptable to Bond Counsel setting forth the reasonably expected initial public offering price to the public (the “Initial Public Offering Price”), or the sales price or prices of the Bonds, together with the supporting pricing wires or equivalent communications, in the form attached hereto as Exhibit A (the “Issue Price Certificate”), with such modifications as may be appropriate or necessary in the reasonable judgment of the successful bidder, the City or Chapman and Cutler LLP, Chicago, Illinois, Bond Counsel (“Bond Counsel”). All actions to be taken by the City under this Official Notice of Sale to establish the issue price of the Bonds may be taken on behalf of the City by the City’s municipal advisor identified herein and any notice or report to be provided to the City may be provided to the City’s municipal advisor. * Preliminary, subject to change. 485 of 611 D-12 C\1311280.4 The City intends that the provisions of Treasury Regulation Section 1.148-1(f)(3)(i) (defining “competitive sale” for purposes of establishing the issue price of the Bonds) will apply to the initial sale of the Bonds (the “competitive sale requirements”) because: (1) the City shall disseminate this Official Notice of Sale to potential underwriters in a manner that is reasonably designed to reach potential underwriters; (2) all bidders shall have an equal opportunity to bid; (3) the City may receive bids from at least three underwriters of municipal bonds who have established industry reputations for underwriting new issuances of municipal bonds; and (4) the City anticipates awarding the sale of the Bonds to the bidder who submits a firm offer to purchase the Bonds at the highest price (or lowest interest cost), as set forth in this Official Notice of Sale. Any bid submitted to this Official Notice of Sale shall be considered a firm offer for the purchase of the Bonds, as specified in the bid. In the event the City receives less than three bids that conform to the parameters contained herein such that the competitive sale requirements are not satisfied, the City intends to treat the initial public offering price to the public of each maturity of the Bonds as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). Consequently, bidders should assume for purposes of making its bid that, if the competitive sale requirements described above are not met, and less than 10% of any maturity has been sold to the public at the initial public offering price, as of the sale date, the bidder will be required to comply with the hold-the offering-price rule described below. The City will advise the apparent winning bidder within one hour of receipt of bids if the hold-the-offering-price rule will apply as to any maturities for which less than 10% has been sold to the public on the sale date at the initial public offering price to the public (the “10% test”). The winning bidder shall notify the City on the sale date as to any maturities for which the 10% test has been met, and shall apply the hold-the-offering-price rule to all other maturities. In the event that the competitive sale requirements are not satisfied, the issue price certificate shall be modified as necessary in the reasonable judgment of Bond Counsel and the City. By submitting a bid, the successful bidder shall, on behalf of the underwriters participating in the purchase of the Bonds, (i) confirm that the underwriters have offered or will offer each maturity of the Bonds to the public on or before the date that the Bonds are awarded by the City to the successful bidder (“Sale Date”) at the initial public offering price set forth in the bid submitted by the winning bidder, and (ii) agree, on behalf of the underwriters participating in the purchase of the Bonds, that the underwriters will neither offer nor sell any maturity of the Bonds to any person at a price that is higher than the initial public offering price for such maturity during the period starting on the Sale Date and ending on the earlier of the following: (1) the close of the fifth business day after the Sale Date; or (2) the date on which the underwriters have sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial public offering price for such maturity. The winning bidder shall promptly advise the City when the underwriters have sold 10% of that maturity of the Bonds to the public at a price that is no higher than the initial public offering price if that occurs prior to the close of the fifth (5th) business day after the Sale Date. The City acknowledges that, in making the representation set forth above, the successful bidder will rely on (i) the agreement of each underwriter to comply with the hold-the-offering-price rule, as set forth in an agreement among underwriters and the related pricing wires, (ii) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the hold-the-offering-price rule, as set forth in a selling group agreement and the related pricing wires, and (iii) in the event that an underwriter is a party to a third-party distribution agreement that was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the hold- 486 of 611 D-13 C\1311280.4 the-offering-price rule, as set forth in the third-party distribution agreement and the related pricing wires. The City further acknowledges that each underwriter shall be solely liable for its failure to comply with its agreement regarding the hold- the-offering-price rule and that no underwriter shall be liable for the failure of any other underwriter, or of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution agreement to comply with its corresponding agreement regarding the hold-the-offering-price rule as applicable to the Bonds. By submitting a bid, each bidder confirms that: (i) any agreement among underwriters, any selling group agreement and each third-party distribution agreement (to which the bidder is a party) relating to the sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter, each dealer who is a member of the selling group, and each broker-dealer that is a party to such third-party distribution agreement, as applicable, to (A) report the prices at which it sells to the public the Bonds of each maturity allotted to it until it is notified by the successful bidder that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if and for so long as directed by the successful bidder and in the related pricing wires, and (ii) any agreement among underwriters relating to the sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each underwriter that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker- dealer that is a party to such third-party distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allotted to it until it is notified by the successful bidder or such underwriter that either the 10% test has been satisfied as to the Bonds of that maturity or all Bonds of that maturity have been sold to the public and (B) comply with the hold-the-offering-price rule, if and for so long as directed by the successful bidder or such underwriter and as set forth in the related pricing wires. Sales of any Bonds to any person that is a related party to an underwriter shall not constitute sales to the public for purposes of this Official Notice of Sale. Further, for purposes of this Official Notice of Sale: (i) “public” means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an underwriter or a related party, (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Bonds to the public), (iii) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (i) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other), and (iv) “sale date” means the date the Bonds are awarded by the City to the winning bidder. 487 of 611 D-14 C\1311280.4 Undertakings of the Successful Bidder. The successful bidder will, within 30 minutes after being notified that such firm is the apparent winning bidder of the Bonds, advise the City in writing of the initial public offering price to the public of each maturity of the Bonds. Prior to the delivery of the Bonds, the successful bidder will furnish the Issue Price Certificate to the City. It will be the responsibility of the successful bidder to institute such syndicate reporting requirements, to make such investigation, or otherwise to ascertain the facts necessary to enable it to execute the Issue Price Certificate. Delivery. The Bonds will be delivered in typewritten form, registered in the name of Cede & Co., as nominee of The Depository Trust Company, securities depository of the Bonds for the establishment of book-entry accounts at the direction of the successful bidder, within approximately 45 days after the award. Payment at the time of delivery must be made in federal or other immediately available funds. In the event delivery is not made within 45 days after the date of the sale of the Bonds, the successful bidder may, prior to tender of the Bonds, at its option, be relieved of its obligation under the contract to purchase the Bonds and its good faith check shall be returned, but no interest shall be allowed thereon. Delivery of the Bonds is currently anticipated to be on or about June 10, 2019. Legal Opinion. The successful bidder will be furnished without cost, the unqualified approving legal opinion of Bond Counsel. By submitting a bid, any bidder makes the representation that it understands Bond Counsel represents the City in the Bond transaction and, if such bidder has retained Bond Counsel in an unrelated matter, such bidder consents to and waives any conflict of interest arising from any adverse position to the City in this matter; such consent and waiver shall supersede any formalities otherwise required in any separate understandings, guidelines or contractual arrangements between the bidder and Bond Counsel. CUSIP Numbers. The City will assume no obligation for the assignment of CUSIP numbers on the Bonds or for the correctness of any numbers printed thereon. The City will permit such numbers to be assigned and printed at the expense of the original purchaser, but neither the failure to print such numbers on any Bonds nor any error with respect thereto will constitute cause for failure or refusal by the original purchaser to accept delivery of the Bonds. Application for CUSIP numbers is the obligation of the purchaser. PFM Financial Advisors LLC, the City’s municipal advisor, will request the assignment of CUSIP numbers prior to the sale of the Bonds. Official Statement. Upon the sale of the Bonds, the City will publish an Official Statement in substantially the same form as the Preliminary Official Statement subject to minor additions, deletions and revisions as required to complete the Preliminary Official Statement. Promptly after the sale date, but in no event later than seven business days after such date, the City will provide without cost to the successful bidder a reasonable number of copies of the Official Statement (not to exceed 20 copies). The successful bidder will be responsible for uploading the Official Statement via the EMMA system. The successful bidder agrees to supply to the City all necessary pricing information and any underwriter identification necessary to complete the Official Statement within 24 hours after the award of Bonds. Certification Regarding Official Statement. The City will deliver, at closing, a certificate, executed by appropriate officers of the City acting in their official capacities, to the effect that the facts contained in the Official Statement relating to the City and the Bonds are true and correct in all material respects, and that the Official Statement does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. Undertaking to Provide Continuing Disclosure. A Continuing Disclosure Undertaking (the “Undertaking”) will be delivered at closing setting forth the details and terms of the City’s undertaking and the Undertaking is a condition of closing. In order to assist bidders in complying with SEC Rule 15c2-12, as amended, the City will covenant in the Undertaking to provide annual reports and timely notice of certain events for the benefit of holders of the Bonds. The form of the Undertaking is included in the Preliminary Official Statement and in the final Official Statement. Transcript of Proceedings. A transcript of the proceedings relative to the issuance of the Bonds will be furnished to the successful bidder without cost, including a Closing Certificate stating that there is no litigation pending or threatened affecting the validity of or the security for the Bonds. Irregularities. The City Council reserves the right to reject any and all bids and to waive any and all irregularities. 488 of 611 D-15 C\1311280.4 Information. The Preliminary Official Statement can be viewed on the worldwide web at www.i- dealprospectus.com or copies of the Preliminary Official Statement and additional information may be obtained by addressing inquiries to the City’s financial advisor, PFM Financial Advisors LLC, 190 S. LaSalle St., Suite 2000, Chicago, Illinois 60603, PFM Financial Advisors LLC – Shannon Jacobson, phone (312) 523-2437, email jacobsons@pfm.com. 489 of 611 D-16 C\1311280.4 BID FORM $13,285,000 * GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019A CITY OF EVANSTON, COOK COUNTY, ILLINOIS City of Evanston, Illinois Sale Date: May 16, 2019 c/o PFM Financial Advisors LLC (Fax: 312/977-1575) For all or none of the principal amount of $13,285,000* General Obligation Corporate Purpose Bonds, Series 2019A (the “Bonds”) legally issued and as described in the Official Notice of Sale, we will pay the City $____________ (not less than 99.0% of par) plus accrued interest on the total principal amount of the Bonds to date of delivery, provided the Bonds bear the following interest rates: Original Original Year Amount* Rate Yield Year Amount* Rate Yield 2022 $345,000 % % 2033(1) $590,000 % % 2023 365,000 % % 2034(1) 620,000 % % 2024 380,000 % % 2035(1) 650,000 % % 2025 400,000 % % 2036(1) 685,000 % % 2026 420,000 % % 2037(1) 715,000 % % 2027 440,000 % % 2038(1) 755,000 % % 2028 465,000 % % 2039(1) 790,000 % % 2029 485,000 % % 2040(1) 830,000 % % 2030(1) 510,000 % % 2041(1) 870,000 % % 2031(1) 535,000 % % 2042(1) 915,000 % % 2032(1) 560,000 % % 2043(1) 960,000 % % (1)The minimum rate of interest is 5.0% on the December 1, 2030 maturity and later. The Bonds mature on December 1 in each of the years as indicated above and interest is payable June 1 and December 1 of each year, commencing December 1, 2019. The Bonds maturing on December 1, 2030, and thereafter are subject to redemption prior to maturity at the option of the City on December 1, 2029, and any date thereafter. The minimum rate of interest is 5.0% on the December 1, 2030 maturity and later. The maximum rate of interest is 7.0% on all maturities. In making this offer, we accept the terms and conditions as defined in the Official Notice of Sale published in the Preliminary Official Statement dated April __, 2019. In submitting this bed, we represent that (i) this bid constitutes a firm offer to purchase the Bonds on the terms set forth in this bid from and the Official Notice of Sale and is not subject to any conditions, except as permitted by the Official Notice of Sale, and (ii) we have an established industry reputation for underwriting new issuances of municipal bonds and notes. All blank spaces of this offer are intentional and are not to be construed as an omission. Our good faith deposit in the amount of $132,850* will be wired in federal funds to the City within two hours after verbal award is made according to the Official Notice of Sale. NOT PART OF THE BID Respectfully submitted, Explanatory Note: According to our computation this bid involves the following: Account Manager Net Interest Cost True Interest Rate (TIC) The foregoing offer is hereby accepted by and on behalf of City of Evanston, Cook County, Illinois, this 16th day of May, 2019. By:________________________________________ By:________________________________________ Its:________________________________________ Its:________________________________________ *Preliminary, subject to change. 490 of 611 D-17 C\1311280.4 BID FORM $13,280,000 * GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2019B CITY OF EVANSTON, COOK COUNTY, ILLINOIS City of Evanston, Illinois Sale Date: May 16, 2019 c/o PFM Financial Advisors LLC (Fax: 312/977-1575) For all or none of the principal amount of $13,280,000* General Obligation Corporate Purpose Bonds, Series 2019B (the “Bonds”) legally issued and as described in the Official Notice of Sale, we will pay the City $_____________ (not less than 99.0% of par) plus accrued interest on the total principal amount of the Bonds to date of delivery, provided the Bonds bear the following interest rates: Year Original Amount* Rate Yield Year Original Amount* Rate Yield 2020 $400,000 % % 2030(1) $ 655,000 % % 2021 420,000 % % 2031(1) 685,000 % % 2022 445,000 % % 2032(1) 720,000 % % 2023 465,000 % % 2033(1) 755,000 % % 2024 490,000 % % 2034(1) 795,000 % % 2025 515,000 % % 2035(1) 835,000 % % 2026 540,000 % % 2036(1) 875,000 % % 2027 565,000 % % 2037(1) 920,000 % % 2028 595,000 % % 2038(1) 965,000 % % 2029 625,000 % % 2039(1) 1,015,000 % % (1)The minimum rate of interest is 5.0% on the December 1, 2030 maturity and later. The Bonds mature on December 1 in each of the years as indicated above and interest is payable June 1 and December 1 of each year, commencing December 1, 2019. The Bonds maturing on December 1, 2030, and thereafter are subject to redemption prior to maturity at the option of the City on December 1, 2029, and any date thereafter. The minimum rate of interest is 5.0% on the December 1, 2030 maturity and later. The maximum rate of interest is 7.0% on all maturities. In making this offer, we accept the terms and conditions as defined in the Official Notice of Sale published in the Preliminary Official Statement dated April __, 2019. In submitting this bed, we represent that (i) this bid constitutes a firm offer to purchase the Bonds on the terms set forth in this bid from and the Official Notice of Sale and is not subject to any conditions, except as permitted by the Official Notice of Sale, and (ii) we have an established industry reputation for underwriting new issuances of municipal bonds and notes. All blank spaces of this offer are intentional and are not to be construed as an omission. Our good faith deposit in the amount of $132,800* will be wired in federal funds to the City within two hours after verbal award is made according to the Official Notice of Sale. NOT PART OF THE BID Respectfully submitted, Explanatory Note: According to our computation this bid involves the following: Account Manager Net Interest Cost True Interest Rate (TIC) The foregoing offer is hereby accepted by and on behalf of City of Evanston, Cook County, Illinois, this 16th day of May, 2019. By:________________________________________ By:________________________________________ Its:________________________________________ Its:_________________________________________ *Preliminary, subject to change. 491 of 611 For City Council meeting of April 22, 2018 Item A24 Ordinance 28-O-19: Alley Paving Special Assessment No. 1524 For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: David Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Chris Venatta, P.E., Senior Project Manager Subject: Alley Paving Special Assessment No. 1524 Ordinance 28-O-19 Date: April 8, 2018 Recommended Action: Staff recommends City Council adopt Ordinance 28-O-19 allowing the paving of the alley north of Simpson Street and east of McDaniel Avenue through the Special Assessment Process. Funding Source: Funding will be from the Capital Improvement Program (CIP) 2019 General Obligation Bonds (Account 415.40.4119.65515 – 419001), which has $250,000 budgeted in FY 2019; and the Special Assessment Funds (Account 420.26.6000.65515 – 419001), which has $408,000 budgeted in FY 2019. Livability Benefits: Built Environment: Enhance public spaces Detailed Funding Analysis: The 2019 CIP Fund has a budget allocation of $658,000 for special assessment alley improvements. The total estimated construction cost for this alley is $603,384.00 and the share of the adjacent property owners comes to $301,692.00 plus 9.0% for engineering and legal expenses for a total of share of $328,844.28. The property owners will reimburse the City for their share of the project cost in one lump-sum payment or in installments for up to 10 years plus interest. The following table summarizes the project costs: Memorandum 492 of 611 Budget Description Account Project Number Budget Amount Project Cost Alley Paving - GO Bonds 415.40.4118.65515 418003 $250,000 $250,000.00 Alley Paving - SSA 415.40.4218.65515 418003 $408,000 $353,384.00 Total Estimated Construction Cost: $603,384.00 Summary: The alley paving project was initiated by a petition from the property owners adjacent to this alley. The petition contained signatures of 58.82% of the abutting property owners showing support of the project. The petition was accepted by the Board of Local Improvements (BLI) on June 14, 2016. City staff then proceeded with the design of the alley paving project. A public hearing for the project was held on March 21, 2019 to share the project design and to receive public comments. At the public hearing, there were additional votes in favor as well as changed votes from the original petition which dropped the percentage of signatures to 52.94% in favor. The BLI voted to recommend to the City Council that the alley be paved through the special assessment process. Attachments: Ordinance 28-O-19 with the recommendation of BLI and estimate of BLI Engineer 493 of 611 03/25/2019 28-O-19 AN ORDINANCE To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1524 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS: SECTION 1: A local improvement shall be made within the City of Evanston, County of Cook, and State of Illinois, the nature, character, locality and description of which is as follows, to-wit: The unimproved public alley in the block bounded on the north by Payne Street, on the east by Pioneer Road, on the south by Simpson Street, and on the west by McDaniel Avenue, in the City of Evanston, County of Cook, State of Illinois, be improved by excavating, constructing the necessary drainage system and paving with 8" Portland Cement Concrete Pavement, to a width of sixteen feet (16’) along the east-west leg and the north-south leg between Payne Street and Simpson Street. The second north-south leg that only outlets to Simpson Street will be paved to a width of thirteen feet (13’). SECTION 2: The Recommendation (Exhibit A) of the Board of Local Improvements of the City of Evanston, Illinois, of this Ordinance, and the Estimate of the Cost (Exhibit B) of said improvement made by the Engineer of said Board, both attached hereto, be and the same are hereby approved and by reference thereto made a part hereof. SECTION 3: Said improvement shall be made and the cost thereof, including the sum of Six Hundred Fifty-Seven Thousand Six Hundred Eighty-Eight and 56/100 Dollars ($657,688.56), being the cost of making and 494 of 611 28-O-19 ~2~ collecting the Assessment and all other expenses as provided by law, shall be paid for by Special Assessment in accordance with the Illinois Municipal Code, Chapter 65, Section 5/9-2-1, et seq. SECTION 4: Three Hundred Twenty-Eight Thousand Eight Hundred Forty-Four and 28/100 Dollars ($328,844.28) of the cost of said improvement shall be allocated by the City; and the remainder of the cost, Three Hundred Twenty-Eight Thousand Eight Hundred Forty-Four and 28/100 Dollars ($328,844.28)will be allocated as private benefit. SECTION 5: The aggregate amount to be assessed and each individual assessment shall be divided into ten (10) installments in the manner provided by law, and each of said installment shall bear interest at the rate of four percent (4%) per annum from sixty (60) days after the date of the first voucher issued on account of work done upon said proposed improvement. SECTION 6: That, for the purpose of anticipating the collection of the installments of said assessment levied against the real estate benefited thereby, general obligation bonds have been issued, up to Two Hundred Fifty Thousand Dollars ($250,000.00) of which are payable by the City, additional funds from the City’s Special Assessment Fund of Seventy-Eight Thousand Eight Hundred Forty-Four and 28/100 ($78,844.28) payable by the City, and homeowners pay up to Three Hundred Twenty-Eight Thousand Eight Hundred Forty-Four and 28/100 Dollars ($328,844.28) of which are payable out of said installments, bearing interest at the rate of four percent (4%) per annum, payable 495 of 611 28-O-19 ~3~ annually and signed on behalf of the City of Evanston, Illinois, by its Mayor and attested by its City Clerk and its corporate seal affixed thereto; and each interest coupon attached to said bonds shall likewise be executed by and shall bear the official or facsimile signature of the same officers who signed said bonds and who, if facsimile signatures are used, do adopt by their execution of said bonds as and for their proper signatures their respective facsimile signatures appearing on said coupons; and that said bonds shall be issued in accordance with and shall be in all respects conform to the provisions of an Act of the General Assembly of the State of Illinois, knows as the “Illinois Municipal Code,” effective July 1, 1961, and the Amendments thereto. SECTION 7: That David Stoneback, President of the Board of Local Improvements of the City of Evanston, Illinois, be and he is hereby directed to file a Petition in the Circuit Court of Cook County, Illinois, praying that steps may be taken to levy a Special Assessment to pay the cost of said improvement in accordance with the provisions of this ordinance and in the manner prescribed 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 held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this 496 of 611 28-O-19 ~4~ ordinance that can be given effect without the invalid application or provision, and each 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. SECTION 11: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 497 of 611 28-O-19 ~5~ Exhibit A Recommendation 498 of 611 499 of 611 28-O-19 ~6~ Exhibit B Estimate 500 of 611 501 of 611 502 of 611 For City Council meeting of April 22, 2019 Item A25 Ordinance 29-O-19, City Code Section 10-4-16-2(A) Vehicle Parking Permits For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: Erika Storlie, Assistant City Manager/Administrative Services Director Jill Velan, Parking Division Manager Subject: Ordinance 29-O-19, Updating City Code Section 10-4-16-2(A) Vehicle Parking Permits Date: April 1, 2019 Recommended Action: Staff recommends City Council adoption of Ordinance 29-O-19, amending City Code Section 10-4-16 changing the payment for parking permits from quarterly to monthly and allowing for the stickerless enforcement of the City operated surface parking lots. Funding Source: Revenue 505.19.7005.53385 - Space (Lot) Rentals Livability Benefit: Innovation & Process: Support Local Government Best Practices and Processes Summary: The City Council approved an agreement with Passport Parking on August 14, 2017. Digital Permitting was approved as part of this agreement, and the first step was to start issuing all parking permits in City operated surface lots digitally. Once this conversion is complete the next steps are to transfer all current wheel tax data and to start issuing digital residential permits. By November 2019, the plan is for all vehicle related permits (Wheel Tax, Residential Permits, Lot Permits) to be digital with enforcement done with License Plate Recognition (LPR) technology. As part of this transition there are a few code modifications necessary to allow for the new enforcement technology and issuance of the digital permits. The current process requires a quarterly payment and the display of a physical sticker. With the new process the payment is switching to monthly and the parker can opt for automatic renewal each month via credit or debit card. This allows for online payments via the Memorandum 503 of 611 ParkEvanston app or the City website. Residents may still pay in person at the Collector’s Office as well. With the stickerless enforcement the registered vehicle’s license plate number will be entered into the passport system and compliance will be monitored through the LPR software as we currently do with wheel tax. This requires a modification of the code to no longer require the display of a physical permit. Enforcement through LPR will reduce the amount of unauthorized transferring of parking permits that currently occurs. Parking enforcement staff currently can only enforce by visually seeing a physical permit, but they do not necessarily know if that permit corresponds to the permits’ registered vehicle owner. Digital enforcement will ensure that permits match the registered vehicle that the permit is assigned to. Attachments: Ordinance 29-O-19 504 of 611 3/28/2019 29-O-19 AN ORDINANCE Amending Portions of City Code Sections 10-4-16-2(A) “Vehicle Parking Permits” and 10-4-16-3 “Vehicle Identification” BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Subsection 10-4-16-2(A) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-4-16-2. - PERMIT REQUIRED. (A) Application And Fee. It shall be unlawful for any person to park a vehicle in the posted reserved parking space areas designated in Subsection 10-4-16-1(A) of this Chapter, unless the owner or operator of such vehicle shall have received from the City Manager or his/her designee a permit for such parking and shall have paid the charges therefor for the current quarter year month. Further, no permit shall be issued until the applicant has either: 1) Paid the fine and/or penalty for each violation for which there is an outstanding or otherwise unsettled parking violation; or 2) Requested an appearance in the circuit court to answer for each violation. Space for the storage and parking of passenger motor vehicles shall be reserved, set aside and allocated to those persons who shall make application therefor to the City Manager or his/her designee and upon the payment of the rental fee, as may be prescribed by the City Council from time to time. (B) Issuance; Transferability; Renewal. Should there be applicants for space in any designated area in excess of the number of parking spaces available, such applications shall be placed on file by the finance director, to be filed in chronological order. No person shall be permitted to sell, transfer or assign reserved parking space to any other person. Reassignment of space shall be by the finance director. Renewal of reserved parking spaces shall have preference over all other applications; provided, that such renewal applications are on file prior to the expiration date. (C) Exceptions. No permits shall be required for designated parking in those reserved parking areas set forth in Schedule XX, Section 10-11-20 of this Title. 505 of 611 29-O-19 ~2~ (D) Violations. Vehicles parked in violation of Section 10-4-16 shall be subject to towing and further penalties as designated in Schedule XVII, Section 10-11-17of this Title, provided the reserved parking area is appropriately posted giving notice thereof. Each twenty four (24) hour period the violation continues shall be construed to be a separate offense. SECTION 2: City Code Subsection 10-4-16-3, of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-4-16-3. - IDENTIFICATION OF VEHICLES. RESERVED. Any person who shall have been assigned space by the City Manager or his/her designee in any reserved parking space area shall have the privilege of parking or storing his/her passenger motor vehicle in any available space within the designated parking area; provided that such motor vehicle is marked with the identification provided for that purpose by the City Manager or his/her designee. No motor vehicle shall be parked, left or stored in any such area unless it is marked with such identification. Vehicles parked in violation of this Section 10-4-16 shall be subject to towing and further penalties as designated in Schedule XVII, Section 10-11-17of this Title, provided the reserved parking area is appropriately posted giving notice thereof. Each twenty four (24) hour period the violation continues shall be construed to be a separate offense. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this Ordinance 29-O-19 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 5: Ordinance 29-O-19 shall be in full force and effect after its passage and approval. 506 of 611 29-O-19 ~3~ 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: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 507 of 611 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, April 22, 2019 6:45 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN REVELLE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF APRIL 8, 2019 III. ITEMS FOR CONSIDERATION (P1) Ordinance 112-O-18 Granting Major Zoning Relief for Building Lot Coverage, Setbacks, and Open Parking at 2626 Reese Ave. The Zoning Board of Appeals recommends denial of Ordinance 112-O-18 for major zoning relief for the following: 42.5% building lot coverage where a maximum 30% is allowed; 3’ south interior side yard setback where 5’ is required for the principal structure; and 3.5’ street side yard setback where 15’ is required for the principal structure, 8.5’ street side yard setback where 15’ is required for a deck, a 10’ street side yard setback where 15’ is required for a detached garage, and a 1’ street side yard setback where 15’ is required for open parking. The Zoning Board of Appeals determined the proposal does not meet all Standards for Major Variation, specifically that the proposal would result in a substantial adverse impact on the use, enjoyment or property values of adjoining properties, and that the requested variations are not the least deviation from the applicable regulations among the feasible options identified. The applicant submitted revised plans on February 10, 2019 that meets staff’s recommendation by reducing the bulk to a 1.5 story house and reducing the building lot coverage by removing an open parking space, which creates a variation for providing less than two required parking spaces. For Introduction 508 of 611 Planning & Development Committee Meeting Agenda April 22, 2019 (P2) Ordinance 32-O-19, Granting a Special Use and Zoning Relief for an Automobile Service Station and Convenience Store at 140 Chicago Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 32-O-19 granting special use approval and major zoning relief to reconstruct an Automobile Service Station, Mobile, a Convenience Store, and for a 21’ two-way drive aisle where 24’ is required, at 140 Chicago Ave in the C1 Commercial District. The applicant has complied with all zoning requirements and meets all of the standards for a special use and variation for this district. Alderman Rainey request suspension of the rules for Introduction and Action at the April 22, 2019 City Council meeting. For Introduction and Action IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 509 of 611 Planning & Development Committee Meeting Minutes of April 8, 2019 6:30 p.m. James C. Lytle Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, T. Suffredin, A. Rainey, R. Rue Simmons, E. Revelle, D. Wilson STAFF PRESENT: M. Masoncup, J. Leonard, S. Mangum OTHERS PRESENT: PRESIDING OFFICIAL: Ald. Revelle I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN REVELLE, CHAIR A quorum being present, Ald. Revelle called the meeting to order at 6:59 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 11, 2019 Ald. Rue Simmons moved to approve the minutes of the March 11, 2019 meeting, seconded by Ald. Wilson. The committee voted unanimously 6- 0, to approve the March 11, 2019 minutes. III. ITEMS FOR CONSIDERATION Chair Revelle called for public comment from individuals on the sign-up sheet: Priseilla Giles, stated there was previously a plan for Foster (School). Mark Daniel, representative for the car wash developer at 2425 Oakton Street, explained the proposal and the reasons why the car wash is a beneficial use at that location. The car wash use is permitted and only one development allowance is requested for the separation between the accessory structure and principal structure. (P1) Ordinance 18-O-19, Amending City Code Section 6-15-14-7, “Active Ground Floor Uses” Plan Commission and staff recommend adoption of Ordinance 18-O-19, amending the Zoning Ordinance Section 6-15-14-7 to revise the listing of appropriate ground floor uses in the Central Street Overlay District. For Introduction 510 of 611 Ald. Wilson moved to Introduce Ordinance 18-O-19, seconded by Ald. Rue Simmons. The Committee voted 6-0 to Introduce the item. (P2) Ordinance 30-O-19, Granting a Special Use Permit for a Planned Development at 2425 Oakton Street The Plan Commission and staff recommend adoption of Ordinance 30-O-19 for approval of a Planned Development for a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant is seeking one site development allowance for an accessory structure that is 3 ft. from the principal structure where 10 ft. is required. Alderman Fleming requests suspension of the rules for Introduction and Action of Ordinance 30-O-19 at the April 8, 2019 City Council meeting. For Introduction and Action Ald. Wilson moved for suspension of the rules to Introduce and Approve Ordinance 30-O-19, seconded by Ald. Rue SImmons. Ald. Rainey stated that it is not a good place for car wash with another car wash located across the street and will not support suspension of the rules expressing concerns with traffic issues associated with the use. Ald. Rue Simmons noted that according to Ald. Fleming there have been multiple community meetings on the project. Ald. Wilson moved to Introduce Ordinance 18-O-19, seconded by Ald. Fiske. The Committee voted 6-0 to Introduce the item. IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS Director Leonard stated that a reminder email would be sent to complete a survey regarding public benefits for planned developments. VI. ADJOURNMENT Ald. Fiske moved to adjourn, seconded by Ald. Rue Simmons. The meeting adjourned at 7:08 p.m. Respectfully submitted, Scott Mangum Planning and Zoning Manager 511 of 611 For City Council meeting of April 22, 2019 Item P1 Ordinance 112-O-18 Application for Major Zoning Relief for Building Lot Coverage, Setbacks, and Open Parking at 2626 Reese Ave. For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Director of Community Development Scott Mangum, Planning & Zoning Manager Melissa Klotz, Zoning Administrator Subject: Ordinance 112-O-18 Granting Major Zoning Relief for Building Lot Coverage, Setbacks, and Open Parking at 2626 Reese Ave. Date: April 16, 2019 Recommended Action The Zoning Board of Appeals recommends denial of Ordinance 112-O-18 for major zoning relief for the following: • 42.5% building lot coverage where a maximum 30% is allowed • 3’ south interior side yard setback where 5’ is required for the principal structure • 3.5’ street side yard setback where 15’ is required for the principal structure, 8.5’ street side yard setback where 15’ is required for a deck, a 10’ street side yard setback where 15’ is required for a detached garage, and a 1’ street side yard setback where 15’ is required for open parking The Zoning Board of Appeals determined the proposal does not meet all Standards for Major Variation, specifically that the proposal would result in a substantial adverse impact on the use, enjoyment or property values of adjoining properties, and that the requested variations are not the least deviation from the applicable regulations among the feasible options identified. Staff recommends approval of the proposed variations with modifications to eliminate the one open parking space and therefore reduce the building lot coverage to 36.5% (to provide better vision clearance when exiting the alley), and to reduce the bulk of the house by utilizing a gable or hip roofline above the first floor to create a 1.5-story house with the same or less peak height of 23.7’ as the previous proposal. The applicant submitted revised plans on February 10, 2019 that meets staff’s recommendation. The variations listed in proposed Ordinance 112-O-18 reflect the original plan that was recommended for denial by the ZBA. Memorandum 512 of 611 2 Livability Benefits Built Environment: Provide People-Friendly Streets, Buildings, Parks, and Neighborhoods Summary The applicant submitted a revised site plan on February 10, 2019 with follow up information on March 20, 2019, to match staff’s recommendation to reduce the second floor bulk and eliminate the open parking space. The proposal now includes the following: The applicant requests building lot coverage of 36.5% where 30% is allowed, and where the average among other substandard corner lots is 41.5%. The applicant revised the proposal and eliminated one open parking space, which then reduced the requested building lot coverage. Some neighbors have indicated an open parking space is hazardous since an SUV parked there would limit visibility of vehicles exiting the alley without a clear view of the sidewalk. The elimination of the parking space improves visibility and safety. The revision changes the variations requested by eliminating the open parking setback variation, but adding a variation for the total number of parking spaces on the property (one space where two are required). All other variations that were previously requested remain the same (interior side yard setback for house, street side yard setback for house, garage, and deck). Concerns other than the bulk, building lot coverage, and open parking space (which were subsequently revised) that were raised at the January 14, 2019 Neighborhood Meeting include: • Interior side yard setback: 3 feet is requested, which is common throughout many neighborhoods throughout the city including many properties in the immediate block. • Street side yard setback: 3.5 feet is proposed, which is one foot further away from the property line than the average of the 22 analyzed properties of similar substandard width. While a 3.5 foot street side yard setback is not ideal, it is not detrimental either. Many blocks in Evanston feature properties with little or no street side yard setback (including on properties that are not substandard in width) such as Barton Ave. in south Evanston. • Drainage and storm water retention: The proposal complies with the maximum allowed impervious surface coverage, and requires a drainage plan with approval by a City engineer prior to permit issuance. Engineering review will not allow storm water to drain towards adjacent properties or onto the public sidewalk. • Heritage tree roots: There is one mature tree in the right of way and one mature tree on the neighboring property. Both trees likely have root structures that extend into the 2626 Reese Ave. property. As with other similar cases, tree roots would be disturbed due to construction of the basement, but mature trees are typically hearty and overcome this type of disturbance to continue thriving for years. Additional measures could be taken such as root pruning by an arborist to further ensure the 513 of 611 3 trees thrive. • Impact of construction on neighboring residence: Construction would include digging a basement 6 feet from the neighboring house. Situations like this occur regularly throughout Evanston and require a Construction Management Plan that includes documentation of the conditions of the neighboring property and shoring plans. Damage to adjacent properties is not typical, but if it did occur the applicant would be held liable. Overall, existing lots similar to 2626 Reese Ave. should be considered buildable lots, but can only be built upon if appropriate zoning relief is granted. Appropriate zoning relief is determined by comparing similar conditions throughout a neighborhood, addressing potential concerns, and assessing whether the variations requested meet the Standards for Approval. In the case of 2626 Reese Ave., the revised submittal that matches the recommendation by staff reduces the building’s bulk and increases the visibility to the alley, so the Standards have been met. Smaller homes should continue to be constructed throughout Evanston to provide starter homes and homes that are available at a lower price point than the average Evanston home price. Summary of Research of Substandard Corner Lots in Evanston: • Lot Width: Of the 22 substandard lots, 9 of the lots are 25 feet wide like 2626 Reese Ave. Substandard lots 30-35 feet in width are numerous throughout the city and were therefore not analyzed. • Lot Size: The largest lot size is 4,231 sq. ft. while the smallest lot size is 1,954 sq. ft. The average lot size is 3,203 sq. ft., which is smaller than 2626 Reese Ave. • Year Constructed: The year constructed varied from 1901 (prior to zoning regulations) to 2000 (current Zoning Ordinance in effect). Most were constructed in the 1910’s – 60’s. • Height: Building height varied from small one-story homes to moderate sized 2.5 story homes. In every case, the building height and bulk mimicked the surrounding neighborhood height and bulk, or were smaller. • Front Yard Setback: The front yard setbacks vary from 0 – 44 feet. In every case, the front yard setback aligns with or closely aligns with the surrounding block’s front yard setback. • Street Side Yard Setback: The street side yard setback varies from 0 – 15 feet. The average of 2.5 feet is closer to the property line than the 2626 Reese Ave. proposal. • House Footprint: The house footprint averages 1,018 sq. ft. which is larger than the 2626 Reese Ave.’s 925 sq. ft. footprint. • Building Lot Coverage: The average building lot coverage is 41.5% which is higher than the 36.5% currently proposed at 2626 Reese Ave. Based on the analysis, the house proposed at 2626 Reese Ave. is comparable or smaller in all categories. The proposed height is a 1 ½ story dormered gable roof with a peak 514 of 611 4 height of 23.7 feet. Neighboring houses feature similar roof styles and peak heights. The applicant revised the proposal from the previously requested gambrel (barn) roof style as recommended by staff to further minimize bulk on the second floor and blend into the neighborhood. Examples of similar homes on substandard corner lots with minimized second floor bulk: Detailed information on the properties analyzed by staff is attached. The research also found no other 25’ wide vacant corner lots in Evanston, but a variety of lots substandard in width that may face challenges similar to 2626 Reese Ave. Staff is aware of a similar proposal at 1918 Noyes St., which is a vacant lot 16.5’ wide and is currently pending a minor variation application for a single family residence with 3’ interior side yard setbacks. Legislative History (see attached for full legislative history of 2626 Reese) February 11, 2019– The case was tabled at the P&D Committee to allow neighbors time to review the revised plans that were submitted February 10, 2019. January 28, 2019 – The case was tabled without discussion at the P&D Committee. January 14, 2019 – A Neighborhood Meeting was held for neighbors and the applicant to discuss alternative design options and address concerns related to the project. Neighbors and the applicant failed to agree on design changes. December 10, 2018 – The case was tabled without discussion to the January 28, 2019 P&D Committee meeting to allow time for a Neighborhood Meeting, for the applicant to consider modifications to the proposal, and for staff to conduct research on other substandard corner lots. November 12, 2018 – The case was discussed and then held to the December 10, 2018 P&D Committee meeting to allow for further discussion of concerns regarding the 1000 Florence Ave. (25 foot wide lot); Gable roof style 1928 Foster St. (28 foot wide lot); Gable roof style Proposed 2626 Reese Ave. (25 foot wide lot); Gambrel roof style 515 of 611 5 proposal. September 25, 2018 – The case was heard by the ZBA and unanimously recommended for denial. Attachments Proposed Ordinance 112-O-18 Revised Site Plan & Elevations – submitted February 10, 2019 Development History (timeline of property 2016 - present) Staff Research of Substandard Corner Lots P&D Packet – February 11, 2019 (begins p. 295) 516 of 611 9/17/2018 4/16/2019 112-O-18 AN ORDINANCE Granting Major Variations at 2626 Reese Avenue in the R1 Single-Family Residential Zoning District WHEREAS, William James (the “Applicant”), contractor of the property commonly known as 2626 Reese Avenue (the “Subject Property”), located within the R1 Single-Family Residential Zoning District and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations to construct a single family residence and detached garage and related zoning requirements imposed by Subsections 6-8-2-7, 6-8-2-8(A)(3), 6-8-2- 8(A)(2), and 6-8-2-8(C)(2) of Title 6 of the Evanston City Code of 2012, as amended (“the Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variations related to the Subject Property: (1) Have a building lot coverage of 42.5% where 30% is permitted on the Subject Property pursuant to City Code Subsection 6-8-2-7; (2) Reduce the minimum required south interior side yard setback from five (5) feet to three (3) feet pursuant to City Code Subsections 6-8-2-8(A)(3); (3) Reduce the required street side yard setback on Hartzell Street from fifteen (15) feet to three and a half (3.5) feet for the principal structure pursuant to City Code Subsection 6-8-2-8(A)(2); 517 of 611 112-O-18 ~2~ (4) Reduce the required street side yard setback from fifteen (15) feet to eight and a half (8.5) feet for a deck pursuant to City Code Subsection 6-8-2-8(C)(2); (5) Reduce the required street side yard setback from fifteen (15) feet to ten (10) feet for an accessory structure pursuant to City Code Subsection 6-8-2-8(C)(2); and (6) Reduce the required street side yard setback from fifteen (15) feet to one (1) foot for open parking pursuant to City Code Subsection 6-8-2-8(C)(2); and WHEREAS, on September 25, 2018, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 18ZMJV-0078 to consider the application, received testimony, and made written records and findings that the application did not meet the standards for Major Variations set forth in Subsection 6- 3-8-12-(E) of the Zoning Ordinance and recommended City Council denial thereof; and WHEREAS, at its meetings of November 12, 2018; February 11, 2019; and April 22, 2019, the Planning and Development (“P&D”) Committee of the City Council considered the ZBA’s recommendation, and recommended City Council approve the Major Variations, as requested; and WHEREAS, at its meetings of April 22, 2019 and May 13, 2019, the City Council considered and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 518 of 611 112-O-18 ~3~ 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 18ZMJV-0078 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) To permit a building lot coverage of 42.5% on the Subject Property. Subsection 6-8-2-7 of the Zoning Ordinance requires a maximum building lot coverage of thirty percent (30%) on the Subject Property. (B) To permit a south interior side yard setback of three (3) feet. Subsections 6-8-2- 8(A)(3) requires a minimum five (5) foot south interior side yard setback on the Subject Property. (C) To permit a three and a half (3.5) foot street side yard setback on Hartzell Street for the principal structure. Subsection 6-8-2-8(A)(2) requires a minimum fifteen (15) foot street side yard setback on the Subject Property. (D) To permit an eight and a half (8.5) foot street side yard setback on the Subject Property. Subsection 6-8-2-8(C)(2) requires a minimum fifteen (15) feet for a deck on the Subject Property.. (E) To permit a ten (10) foot street side yard setback for the accessory structure. Subsection 6-8-2-8(C)(2) requires a minimum fifteen (15) foot street side yard setback for an accessory structure on the Subject Property. (F) To permit a one (1) foot street side yard setback for open parking on the Subject Property. Subsection 6-8-2-8(C)(2) requires a fifteen (15) foot street side yard setback for open parking on the Subject Property. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Recordation: The Applicant shall, at its cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any construction permits pursuant to the Major Variation authorized hereby. 519 of 611 112-O-18 ~4~ SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. 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 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. 520 of 611 112-O-18 ~5~ Introduced:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 521 of 611 112-O-18 ~6~ EXHIBIT A Legal Description LOT 1 IN BLOCK 5 IN BROWN AND CULVER'S ADDITION TO NORTH EVANSTON, IN GEORGE SMITH'S SUBDIVISION IN SECTION 33, TOWNSHIP 42 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 05-33-429-007-0000 Commonly Known As: 2626 Reese Avenue, Evanston, Illinois. 522 of 611 1. Front yard Twenty-seven (27) feet; parking prohibited 2. Side yard abutting a street Fifteen (15) feet; parking prohibited 3. Side yard Five (5) feet 4. Rear yard Thirty (30) feet 8’-6” 3’-6 ” 9’-0” 3’-0” 133.0’ 3’-6” V 6” 25.0’ 11’-0” 12’-0” 25.0’ 18’-6” V REESE AVENUE 10’- 0” ONE -CAR GARAGE 12’ x 23’ SCALE: 1”= 10’ NORTH 3’-0” 14.88 2624 REESE MARCH 19, 2019 2.97 LIVING ROOM 15’ x 17 -6 ’ WINDOW SEAT SITE & FIRST FLOOR PLAN ALLEY KITCHEN 16’-2” x 17’-6” 133.0’ 3’-0” 6” V HARTZELL STREET 3’-0” V TWO BEDROOM SIMPLE GABLE ROOF DESIGN 2626 REESE AVENUE DEVELOPED BY: OAKTON -CUSTER PARTNERS, LLC 37’-6 ” 10’-0” 4’- 6” 3 ’-0” 3’-9” V 50’-0 ” PDR R M 19’- 6 ” 11’-0” V 3’x 4’ CANOPY WOOD DECK 10’-0” x 11 ’-0” 23’-0” 46’-6 ” 9 ’-0 ” 1 ’-9 ” 23’-0 ” 18’-0 ” 9’-0” 1-0” V 1-0” V 3’-9” V 523 of 611 BEDROOM #2 10’-6” X 10’-0” MASTER BEDROOM 12’-0” X 14’-0” .47 BATH SECOND FLOOR PLAN SCALE: 3/16”= 1’ MARCH 19 , 2019 50’ – 0” 12’ – 6” .47 MASTER BATH 25’ – 0” 8’ – 6” 16’ – 6” 2’–6” BUILT-IN CHEST BUILT-IN CHEST 18.5’ x 50’ BUILDING FOOTPRINT 12.5’ x 50’ SECOND FLOOR FOOTPRINT 1’-3” 1’-3” TWO BEDROOM/SIMPLE GABLE ROOF DESIGN 2626 REESE AVENUE DEVELOPED BY: OAKTON -CUSTER PARTNERS, LLC 6” 2’–6” 4’-3” 4’-3” 8’-9” 8’-9” 7’- 6” 7’- 6” 9’- 0” 6” 524 of 611 .47 OFFICE OR STORAGE 10’-3” X 16’-0”’ RECREATION ROOM 15’-8” x 16’-0” .47 .BATH BASEMENT FLOOR PLAN SCALE: 3/16”= 1’ March 19, 2019 50’ – 0” 18’ – 6” 25’ – 0” 8’ – 3” 16’ – 9” UTILITY ROOM TWO BEDROOM SIMPLE GABLE ROOF DESIGN 2626 REESE AVENUE DEVELOPED BY: OAKTON -CUSTER PARTNERS, LLC 525 of 611 18’- 6” 2’-0” 2’-0” 8’-0” 1’-0” 1’-3” 9’-4” 5’-6” 3’-0” 12’- 6” SECOND FLOOR FIRST FLOOR BASEMENT TWO BEDROOM/SIMPLE GABLE ROOF DESIGN 2 6 2 6 R E E S E A V E N U E DEVELOPED BY: OAKTON -CUSTER PARTNERS, LLC STRUCTURAL SECTION SCALE: ¼” = 1’ 3/19/19 1’-5” 1’-3” 1’-3” 6’- 8” x 2’- 6” DOOR 6” 16’- 0” 526 of 611 EAST ELEVATION 9’-0” 1-0” 9” 9 -8” 23’-8” FIRST FLOOR SECOND FLOOR 6” 6” 18’-6” v v v v v 1.v v v v vvFIRST FLOOR SECOND FLOOR WEST ELEVATION 18’-6” SCALE: 3/16”= 1’ MARCH 19 , 2019 8’-0” 1’-3” 3’-0” 23’-8” 1’-0” 9’- 8” 2’-0” vvWOOD DECK 3’-0” vv9” HARDIBOARD SIDING BAY WINDOW DECORATIVE SHINGLES vv2’-0” 1’-3” TWO BEDROOM/SIMPLE GABLE ROOF DESIGN 2626 REESE AVENUE DEVELOPED BY: OAKTON -CUSTER PARTNERS, LLC 1’-3” 1’-3” 527 of 611 TWO BEDROOM/SIMPLE GABLE ROOF DESIGN 2626 REESE AVENUE DEVELOPED BY: OAKTON -CUSTER PARTNERS, LLC NORTH ELEVATION 1.2.3.4. 5.6.7.8. 9.10.11.12.1’-3” 8’-0” 1’-0” 9” 9’-8” 23’-8” FIRST FLOOR SECOND FLOOR 2’-0” 50’-0” 1’-6” 1’-6” 50’-0” RECESSED MAIN ENTRY SCALE: 3/16”= 1’ MARCH 19 , 2019 vvvv2’-0” 3’-0” WOOD DECK 1’-9” vvvvvvvv528 of 611 TWO BEDROOM/SIMPLE GABLE ROOF DESIGN 2626 REESE AVENUE DEVELOPED BY: OAKTON -CUSTER PARTNERS, LLC SOUTH ELEVATION 1’-3” 9’-0” 1’-0” 9” 9’-8” 23’-8” FIRST FLOOR SECOND FLOOR 3’-0” 1’-6” 1’-6” 50’-0” HARDIBOARD SIDING SCALE: 3/16”= 1’ MARCH 19, 2019 vv vv 2’-0” vWOOD DECK 1’-9” 14’-0” 3’-0” 50’-0” v DORMERS W/SHED ROOF TO ALLOW 8’ CEILING HEIGHT IN BATHROOMS 8’-6” 11’-0” 6’-0” GLASS BLOCK WINDOW GLASS BLOCK WINDOW 529 of 611 2626 Reese Ave. Development History (3 cases total – first was for a large 2.5 story house by a previous owner, second was for a moderate 2 story house with fewer variations by current owner, third (current) is for a moderate 1.5 story house with fewer variations by current owner). Applicant: Erin & Matthew Haggis ZBA March 24, 2016 – applicant submitted major variation application. May 3, 2016 – applicant withdrew case prior to the ZBA hearing, based on the response of neighbors to the requested variations. The property was sold the same week. _____________________________________________________________________________________ Applicant: William James ZBA August 29, 2017 – applicant submitted major variation application. October 3, 2017 – case rescheduled at the applicant’s request. New case to be re-noticed to neighbors. November 17-28, 2017 – applicant submitted revisions. ZBA January 9, 2018 – case heard by the ZBA and continued to January 16, 2018. January 16, 2018 – ZBA unanimously denied the proposal (ZBA final determining body). _____________________________________________________________________________________ Applicant: William James ZBA August 24, 2018 – applicant submitted major variation application. September 25, 2018 – ZBA unanimously recommended denial of the proposal (City Council final determining body). P&D November 12, 2018 – case discussed and then held at P&D to the next regularly scheduled meeting to allow for further discussion of concerns regarding the proposal. 530 of 611 December 10, 2018 – case tabled without discussion at P&D to allow the applicant to present multiple options on how to develop the property at a Neighborhood Meeting. January 14, 2019 – applicant, neighbors, and staff attended a Neighborhood Meeting to determine if/how the property should be developed. No consensus was reached. January 28, 2019 – case tabled without discussion at P&D to allow more time for the applicant to consider concerns stated at the Neighborhood Meeting. February 10, 2019 – applicant submitted revised plans that follow staff’s updated recommendation to eliminate one open parking space and change the roof line to a gable or hip roof. February 11, 2019 – case tabled at P&D following discussion among neighbors who felt more time was needed to review the updated plans. March 19, 2019 – Alderman Suffredin determined another Neighborhood Meeting would not be necessary. March 20, 2019 – the applicant submitted elevation drawings of all sides of the proposed house and a basement floor plan based on the updated site plan from February 10, 2019. March 25, 2019 – the updated elevation drawings off all sides of the proposed house (including existing site plan from February 10, 2019), with updated zoning analysis numbers, was sent to neighbors for review. April 22, 2019 – the case is scheduled for introduction at P&D/City Council. 531 of 611 Location Lot Dimensions Lot Size Year Constructed Building Height Front Yard Street Side Yard House Footprint Building Lot Coverage Footprint Building Lot Coverage (including garage, porch) 2626 Reese Ave. ZBA Proposal 25 x 133 3,325 proposed 1.5 stories 19.5'3.5'945 1414 42.5% 2400 Cowper Ave.25 x 125 3,147 1915 1.5 stories 21'2'1100 1470 46.7% 2000 Foster St.28 x 125 3,484 1926 1.5 stories 17'2'650 1250 35.9% 1944 Wesley Ave.25 x 150 3,732 1911 2 stories 22.5'0'900 900 24.1% 2300 Emerson St.28 x 125 3,503 1948 2 stories 27'4'570 570 16.3% 2017 Church St.28 x 155 3,511 1962 1 story 26'2'1200 1400 39.9% 1600 Dempster St.27 x 130 3,533 1913 2.5 stories 27'0'1100 1640 46.4% 1300 Ashland Ave.27 x 110 3,174 1901 2 stories 13'6'445 675 21.3% 1533 Crain St./1137 Florence Ave.25 x 75 1,954 1929 2 stories 3'0'1440 1440 73.7% 1047 Dewey Ave./1620 Greenleaf St.25 x 90 2,205 1926 1.5 stories 0'0'1225 1605 72.8% 1527 Lee St.27 x 100 2,775 1920 1.5 stories 10'0'980 1360 49.0% 1000 Florence Ave.25 x 170 4,231 1913 1.5 stories 12'2'940 1520 35.9% 531 Wesley Ave.25 x 125 3,133 1961 1 story 26'1.5'1160 1560 49.8% 145 Ridge Ave.28 x 135 3,776 1957 2 stories 27'3'790 1290 34.2% 304 Elmwood Ave.25 x 125 3,083 1954 1 story 44'1'1250 1530 49.6% 503 Custer Ave.50 x 50 3,229 1918 2.5 stories 0'15'1345 1345 41.7% 701 Reba Pl.25 x 100 2,419 1906 2 stories 28'0'1175 1175 48.6% 2910 Park Pl.25 x 145 3,605 1929 2 stories 14'0'1330 1860 51.6% 2710 Woodbine Ave.60 x 90 triangle 2,908 1916 2 stories 13'5'1010 1010 34.7% 2048 Pratt Ct.27 x 95 2,568 1932 2.5 stories 24'0'1050 1140 44.4% 2300 Emerson St.28 x 125 3,503 1948 2 stories 27'3.5'600 600 17.1% 2128 Emerson St.28 x 125 3,495 1963 1 story 24'3.5'1200 1400 40.1% 1928 Foster St.27 x 125 3,504 2000 2 stories 24'4'950 1350 38.5% Average:3,203 2.5 1018.6 1276.8 41.5% Corner lots less than 30 feet wide 532 of 611 For City Council meeting of April 22, 2019 Item P2 Ordinance 32-O-19 Application for a Special Use and Zoning Relief for an Automobile Service Station and Convenience Store at 140 Chicago Ave. For Introduction & Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Director of Community Development Scott Mangum, Planning and Zoning Manager Melissa Klotz, Zoning Administrator Subject: Ordinance 32-O-19, Granting a Special Use and Zoning Relief for an Automobile Service Station and Convenience Store at 140 Chicago Ave. Date: April 10, 2019 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 32-O-19 granting special use approval and major zoning relief to reconstruct an Automobile Service Station, Mobile, a Convenience Store, and for a 21’ two-way drive aisle where 24’ is required, at 140 Chicago Ave in the C1 Commercial District. The applicant has complied with all zoning requirements and meets all of the standards for a special use and variation for this district. Alderman Rainey request suspension of the rules for Introduction and Action at the April 22, 2019 City Council meeting. Livability Benefits Economy & Jobs: Retain and expand local businesses Built Environment: Provide compact and complete streets and neighborhoods Summary 140 Chicago Ave. is located on the west side of Chicago Ave. just north of Howard St. and currently operates as a Mobile Automible Service Station and Convenience Store. The property owner proposes to demolish the existing structures and reconfigure the site for better vehicular circulation and a larger Convenience Store. The applicant proposes to construct a one story, 1,500 square foot Convenience Store building and gas station pumps for 10 vehicles under an attached canopy. The property will also offer customer and employee parking, vacuum and tire pressure machines, and one diesel gas pump. In addition to the requested special use permits, zoning relief is needed for a 21’ two-way drive aisle adjacent to the customer parking on the north end of the site. Memorandum 533 of 611 Proposed Site Plan (N ←): The Zoning Ordinance requires parking for any new commercial structure, but allows a 2,000 square foot discount to the size of the structure before applying the parking requirement. Since the proposed Convenience Store building is 1,500 square feet, there is no required parking for the use. The applicant proposes 4 customer parking stalls, including one ADA stall, at the north end of the property for customers they may visit the Convenience Store without parking at a gas pump. Two parallel employee parking stalls are also proposed towards the south end of the property. The employee parking at the north end of the property includes a compliant 5’ landscaped north interior side yard setback, which then squeezes the two-way drive aisle so that only 21’ is provided where 24’ is required. The drive aisle is proposes as a two-way aisle so that customers that park can exit the property without navigating through the pump area. Staff feels the property would better circulate with an ingress only curb cut and one way traffic flow. A one-way drive aisle requires 24’ as well since the parking are 90 degree spaces. The remainder of the property features one way traffic flow with compliant 12’ drive aisles and egress at the south end of the property. All curb cuts on the property are existing but will be reduced in size. The applicant proposes the south curb cut at 30’ in width to provide adequate truck turning, and for vehicles to exit the property by maneuvering around other vehicles that are waiting to turn out of the property in the opposite direction. The proposed building is one story, with a height of 20.3’ to the top of the parapet. The canopy connects to the building over the main entrance, and extends over the gas pumps at a height of 18’. The building features brick veneer on the front and side facades, and EFIS on the rear adjacent to the Metra embankment. Storefront windows will remain transparent. A 4 inch diameter steel pipe is proposed around the base of the building as a bumper guard to stop vehicles from accidentally running into the building. 534 of 611 New landscaping is proposed along the north and south side yard property lines, and new sod will be added around the existing street trees in the right-of-way. Brick banding is proposed to delineate between the public sidewalk and the adjacent drive aisle that navigates around the gas pumps. The proposed redevelopment will not change the use of the property. The current site features 6 gas pumps for 12 vehicles, while the new proposal will reduce the intensity by decreasing to 5 gas pumps for 10 vehicles to provide better circulation throughout the property. The Convenience Store currently operates 24 hours a day and typically has one employee per shift. The expanded Convenience Store will provide a needed business in the area that is walkable from Howard St. and the new mixed-use development immediately south of 140 Chicago Ave. that is currently under construction, as well as for the residential neighborhood to the west who may access the Convenience Store via the Mulford St. pedestrian viaduct underpass to Chicago Ave. The applicant intends to start construction as soon as possible so that construction will align with the new mixed-use development to the south that is already underway. Staff is not aware of any objections to this proposal, and has not received any complaints or zoning violations related to the 24-hour operations. Comprehensive Plan Some objectives from the Evanston Comprehensive General Plan that apply to this application include: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. The proposed Automobile Service Station and Convenience Store will allow an existing business to improve functionality, vehicular navigation, and aesthetics, which will in turn increase the business’s economic viability and the City’s tax base. Legislative History March 19, 2019: The ZBA unanimously recommended approval of the special use for a Automobile Service Station and Convenience Store, and major zoning relief for a 21’ two-way drive aisle where 24’ is required, with the following conditions: 1. Hours of operation shall be permitted 24 hours a day, 7 days a week. 2. A lighting plan shall be submitted as part of the permit review process. 3. Employees shall not utilize street parking. 535 of 611 4. Delivery vehicles shall not park or stage on the street. 5. Substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 32-O-19 ZBA Findings March 19, 2019 ZBA Draft Meeting Minutes ZBA Packet – March 19, 2019 536 of 611 4/1/2019 4/11/2019 32-O-19 AN ORDINANCE Granting a Special Use Permits for an Automobile Service Station and a Convenience Store and a Major Variation Located at 140 Chicago Avenue in the C1 Commercial Mixed-Use District WHEREAS, the Zoning Board of Appeals (“ZBA”) met on March 19, 2019, pursuant to proper notice, to consider case no. 19ZMJV-0014, an application filed by Eric Eriksson (the “Applicant”), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 140 Chicago Avenue (the “Subject Property”) and located in the C1 Commercial Mixed-Use District, for a Special Use Permit to establish, pursuant to Subsection 6-10-2-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), an automobile service station; for a Special Use Permit to establish, pursuant to Subsection 6-10-2-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a convenience store; and a Major Variation pursuant to Subsection 6-16-2-7, Table 16A of the Zoning Ordinance on the Subject Property; and WHEREAS, the Applicant requests the following Major Variation: (A) Relief to reduce the required driveway aisle width adjacent for 90-degree parking stalls from twenty-four (24) feet to twenty-one (21) feet; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for Special Use Permits for an automobile service station and a convenience store and for a Major Variation met the standards for Special Uses in Section 6-3-5 and for the Major Variation in Section 6-3-8-12 of the Zoning Ordinance and recommended City Council approval thereof; and 537 of 611 32-O-19 ~2~ WHEREAS, at its meeting of April 22, 2019, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 19ZMJV-0014; and WHEREAS, at its meeting on April 22, 2019, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for an automobile service station, the Special Use Permit for a convenience store, and the Major Variation on the Subject Property as applied for in case no. 19ZMJV-0014. SECTION 3: The Major Variation approved hereby is as follows: (A) Approval to reduce the required driveway aisle width adjacent for 90-degree parking stalls from twenty-four (24) feet to twenty-one (21) feet. SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permits and Major Variations, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-5 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; 538 of 611 32-O-19 ~3~ the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation: The Applicant may operate the business on the Subject Property twenty-four (24) hours a day, seven (7) days a week. C. Lighting Plan: The Applicant will submit a lighting plan to the City in compliance with the City’s lighting code. D. Employee Parking: The Applicant must require employees of the Subject Property to park in an off -street parking lot. E. Deliveries: The Applicant agrees that all delivery vehicles shall not park or stage on Chicago Avenue. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. 539 of 611 32-O-19 ~4~ SECTION 9: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 540 of 611 32-O-19 ~5~ EXHIBIT A THAT PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF CHICAGO AVE., 645 FEET NORTHWESTERLY MEASURED ALONG A LINE OF SAID SOUTHWESTERLY STREET LINE PRODUCED TO THE INTERSECTION OF THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO THE WESTERLY LINE OF CHICAGO AVE., 59.85 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF CHICAGO AND NORTHWESTERN RAILROAD; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF CHICAGO AND NORTHWESTERN RAILROAD, 212.42 FEET TO THE NORTH LINE OF THE SOUTH 6.25 CHAINS OF THE NORTHEAST QUARTER OF SAID SECTION 40; THENCE EASTERLY ALONG THE NORTH LINE OF THE SOUTH 6.25 CHAINS OF THE NORTHEAST QUARTER OF SAID SECTION 30, 64.09 FEET TO THE SOUTHWESTERLY LINE OF CHICAGO AVE.; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF CHICAGO AVE. 224.71 FEET TO THE CITY OF CHICAGO BY DEED RECORDED JUNE 25, 1986 AS DOCUMENT 86260077, BEING THE NORTH 8 FEET DESCRIBED THEREIN. ALL IN COOK COUNTY, ILLINOIS. PIN: 11-30-212-010-0000 COMMONLY KNOWN AS: 140 Chicago Avenue, Evanston, Illinois. 541 of 611 P LANNING AND Z ONING D IVISION 847-448-8230  zoning@cityofevanston.org Community Development Department  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on March 19, 2019, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 5-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 5-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 5-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 5-0 Case Number: 19ZMJV-0014 Address or Location: 140 Chicago Ave. Applicant: Eric Erikkson, Architect Proposed Special Use: Automobile Service Station and Convenience Store, Mobile 542 of 611 P LANNING AND Z ONING D IVISION 847-448-8230  zoning@cityofevanston.org Community Development Department  www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 5-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 5-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 5-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 5-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 5-0 and, based upon these findings, and upon a vote __5__ in favor & __0__ against Recommends to the City Council _____ approval without conditions _____ denial of the proposed special use __x__ approval with conditions specifically: 1. All conditions recommended by the DAPR Committee that are not yet fulfilled. 2. 24 hour operation is permitted 7 days a week. 3. Employees shall not utilize street parking. 4. Delivery vehicles shall not park or stage on the street. 5. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Violetta Cullen __X__ ____ _______ Lisa Dziekan _____ ____ _______ Mary McAuley _____ ____ ___X___ Kiril Mirintchev __X__ ____ 543 of 611 FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of After conducting a public hearing on March 19, 2019 the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 5-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 5-0 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 5-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 5-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 5-0 Case Number: 19ZMJV-0014 Address or Location: 140 Chicago Ave. Applicant: Eric Erikkson, Architect Proposed Zoning Relief: 21’ two way drive aisle where 24’ is required 544 of 611 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 5-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 5-0 (Gingold – Standard will be met with minor site plan adjustments at DAPR) and, based upon these findings, and upon a vote of __5__ in favor & __0__ against recommends to the City Council __X___ approval with conditions _____ denial Conditions: 1. All conditions recommended by the DAPR Committee that are not yet fulfilled. 2. 24 hour operation is permitted 7 days a week. 3. Employees shall not utilize street parking. 4. Delivery vehicles shall not park or stage on the street. 5. Substantial compliance with the documents and testimony on record. Attending: Vote: Aye No __X__ Violetta Cullen _X__ ____ __X__ Mary Beth Berns _X__ ____ _____ Lisa Dziekan ____ ____ __X__ Kiril Mirintchev _X__ ____ __X__ Scott Gingold _X__ ____ __X__ Myrna Arevalo _X__ ____ _____ Mary McAuley ____ ____ 545 of 611 Page 1 of 3 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, March 19, 2019 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Mary Beth Berns, Myrna Arevalo, Scott Gingold, Kiril Mirintchev, Violetta Cullen Members Absent: Mary McAuley, Lisa Dziekan Staff Present: Melissa Klotz Presiding Member: Mary Beth Berns Declaration of Quorum With a quorum present, Chair Berns called the meeting to order at 7:00 p.m. Minutes Ms. Cullen motioned to approve the meeting minutes of February 19, 2019, which were seconded by Ms. Arevalo and approved 4-0 with one abstention. Old Business New Business 140 Chicago Ave. 19ZMJV-0014 Eric Eriksson, architect, applies for Special Use permit for an Automobile Service Station, Mobile, and a Special Use permit for a Convenience Store at 140 Chicago Avenue in the C1 Commercial District (Zoning Code Section 6-10-2-3), and applies for major zoning relief to reduce the required driveway aisle width adjacent for 90-degree parking stalls from 24’ to 21’ (Zoning Code Section 6-16-2-7, Table 16-A). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Eric Erikkson, architect, explained the proposal:  The property has been a gas station for over 50 years and has a very small 450 square foot convenience store.  The property is long and skinny, which makes it difficult to design a smooth traffic flow.  The proposal reduces from 6 gas pumps to 5 (to serve 10 vehicles).  The south curb cut is one way out only and is being reduced in size.  The public sidewalk will remain and connect to the adjacent development.. Mr. Gingold asked where vehicles will queue if they need to wait for a gas pump to become available, and noted the new site layout removes any queueing area so that vehicles will back up onto Chicago Ave. Chair Berns stated vehicles could queue in the easternmost drive aisle within the property and then vehicles at the gas pumps could still pull forward to exit. 546 of 611 Page 2 of 3 Zoning Board of Appeals Mr. Gingold expressed concern that fewer gas pumps will be on the property and vehicles will end up backing up. The applicant explained that although there are 6 pumps to serve 12 vehicles currently, only 6 cars can actually fit at the pumps at one time. So, the new layout with fewer pumps will serve more vehicles than the current setup. Vehicle backup is not anticipated. Chair Berns asked if a lighting plan was submitted, and the applicant stated one will be submitted with the building permit, and special care will be given to keep the lighting low at the south end of the property that adjoins the new mixed use development. Mr. Erikkson continued:  Trucks will make gas deliveries every other day, and convenience store deliveries will occur once per week.  1-2 employees will work per shift.  There are 2 parallel employee parking spaces at the southwest end of the property.  24 hour operations will continue.  Delivery trucks will park on the south end of the property.  The owner purchased the property 6 years ago. Mr. Mirintchev asked if there is a different location for the air and vacuum, and the applicant explained it is best where shown because there is some noise from the equipment that may not be compatible with the residential development to the south. Chair Berns suggested that is a minor detail that can be addressed by staff at the final DAPR meeting if needed. Mr. Gingold noted the drive aisle zoning relief will be less of an issue if the air and vacuum are moved and the parking can move over so that some of it has the larger drive aisle. Matt Rodgers, 133 Clyde Ave., stated the existing gas station is not visually appealing so the redevelopment is exciting. He also noted the north curb cut should remain two way so that vehicles can more easily exit to head north instead of driving around the block and adding to traffic volumes. Deliberation: Mr. Gingold commended the applicant for angling the gas pumps for better circulation, but does have some concern about vehicles queueing onto Chicago Ave. However, since street parking is being added on the west side of Chicago Ave. in front of the residential development, it would not be detrimental if a backup occurred. Chair Berns agreed that it would be ideal if the air and vacuum are moved elsewhere so that the parking spaces can move over slightly so that more of the parking spaces (but not all) would then have a compliant drive-aisle, but that is a minor detail that can be addressed at DAPR. Mr. Gingold suggested the proposal should include a condition to require the business owner to carry insurance to cover vehicular accidents on the property that are caused by the reduced drive aisle. Chair Berns stated insurance is not within the purview of the ZBA. Ms. Klotz confirmed staff was comfortable with the reduced drive aisle and unanimously recommended approval at DAPR. The Standards for Variation were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 547 of 611 Page 3 of 3 Zoning Board of Appeals 7. Yes; No - Mr. Gingold noted the Standard could be met by minor adjustments to the site plan that will be addressed by DAPR in the permitting process. The Standards for Special Use were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the special uses and variation with the following conditions: 1. All conditions recommended by the DAPR Committee that are not yet fulfilled. 2. 24 hour operation, 7 days a week permitted. 3. Employees shall not utilize street parking. 4. Delivery vehicles shall not park or stage on the street. 5. Substantial compliance with the documents and testimony on record. Mr. Gingold added that within the permit process, the DAPR Committee shall discuss the location of the air and vacuum machines to reduce the impact of the shortened drive aisle. The motion was seconded by Ms. Cullen and unanimously recommended for approval with conditions. Adjourned 8:05pm 548 of 611 For City Council meeting of April 22, 2019 Item P3 Ordinance 18-O-19, Text Amendment – Ground Floor Uses For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Community Development Director Scott Mangum, Planning and Zoning Manager Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 18-O-19 Ground Floor Uses in the oCSC Central Street Corridor Overlay District 19PLND-0010 Date: February 28, 2019 Recommended Action: Plan Commission and staff recommend adoption of Ordinance 18-O-19, amending the Zoning Ordinance Section 6-15-14-7 to revise the listing of appropriate ground floor uses in the Central Street Overlay District. Livability Benefits Built Environment: Provide compact and complete streets and neighborhoods. Economy and Jobs: Retain and Expand Local Businesses, Expand Job Opportunities Background Per the Zoning Ordinance the purpose of the oCSC Overlay District is to “implement the recommendations contained in the Central Street Master Plan (2007). The geographical scope of the plan extended the length of Central Street from Gross Point Road in the west to Ridge Avenue in the east, and includes intersecting portions of Gross Point Road, Crawford Avenue and Green Bay Road. Specifically, this overlay district seeks to: (A) Preserve existing character and scale. (B) Encourage a healthy mix of uses along the corridor; preserve independent and unique uses. (C) Sustain and enhance the corridor as a location for diverse, unique, small scale, pedestrian oriented retail shops, services, and restaurants. (D) Encourage retail uses close to transit. (E) Allow a wide, consistent sidewalk width. (F) Ensure wider, landscaped parkways as a transition between retail frontages and residential side streets. (G) Provide improved sightlines for motorists. (H) Ensure consistent building placement and create a pedestrian friendly and Memorandum 549 of 611 2 human scaled "street wall." (I) Articulate buildings and reduce the perceived height and mass of new development by using building stepbacks at upper stories. (J) Establish new sidewalk standards for improved sidewalk widths, sightlines, and streetscapes. (K) Encourage buildings with clearly defined bases, middles, and tops. (L) Allow the intuitive identification of storefronts through the use of appropriate store windows and fenestration for retail and mixed use buildings.” The boundaries of the oCSC District stretch roughly from Bryant Avenue on the east to Gross Point Road on the west, stretching further north and south where Central Street intersects Green Bay Road and Gross Point Road. The Overlay is split into 7 subareas that allow for the district to be tailored to meet the needs of different areas along the corridor. Each subarea corresponds with underlying zoning districts (R4, R5, B1a, C2 and O1) and location. Maps are attached showing these designations. The uses within the oCSC District generally align with those of the underlying zoning districts. Section 6-15-14-7. – Active Ground Floor Uses, includes a chart which provides a listing of acceptable ground floor uses for subareas 3 through 7 that are considered active and are intended to encourage pedestrian traffic within the area. The uses are designated as either permitted or special use, largely coordinating with the underlying zoning districts. Several uses, however, are either not listed within the chart or are inconsistent with the underlying zoning regulations. The proposed text amendment below was brought about from a Special Use application to operate a banquet hall within the B1a Business District and subarea 5 of the oCSC Overlay District. The proposed use is allowed in the B1a District as a Special Use but is not listed within the table of active ground floor uses for the oCSC District. Although, the applicant for the banquet hall special use has since withdrawn the application, this is an opportunity to update the ordinance for potential future applicants. Proposal Overview Staff is proposing to amend Section 6-15-14-7 to revise the chart of uses allowed within subareas 3, 4, 5, 6, and 7 of the oCSC Central Street Overlay District. Specifically, staff will amend the zoning ordinance as described below. For the purposes of this amendment, a legend explaining the changes is also provided: New uses not in existence when overlay district active ground floor uses were last revised in 2014 Uses above the ground floor not relevant for ground floor use chart Uses consistent with underlying zoning district regulations Uses not defined in Zoning Code 6-15-14-7. –ACTIVE GROUND FLOOR USES. In subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level along the 550 of 611 3 primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or special use ("S"). In subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level feet along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or special use ("S"). Allowed in: Uses: B1A (Subareas 4, 5 and 6) O1 (Subarea 3) C2 (Subarea 7) Animal hospital S P Artist's studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street) P Automobile body repair establishment S Automobile and recreational vehicle sales and/or rental S Automobile repair service establishment S Automobile service station S P Banquet hall S S S Brew pub P P Business or vocational school S S Convenience store S S Craft alcohol production facility S S Cultural facility S S S Daycare center - Adult S Daycare center - Domestic animal S S Daycare center - Child S S Dormitory S Dwelling - Multiple family S S S Educational institution - Private SP SP Educational institution - Public SP SP Financial institution (above ground level) P P P Financial institution (ground level) S S P Food store establishments P P Government institution P P P Hotels P S Indoor commercial recreation S S S Micro-distillery S S Office (above ground level) P P P Office (ground level) S S P Performance entertainment venue S S S Religious Institution S S Resale establishment S S Restaurants type 1 P P P Restaurants type 2 S S Retail goods establishments P P P Retail service establishments P P P Specialty food store 551 of 611 4 The proposed changes would better align the overlay district regulations with underlying base zoning district regulations. It will also help promote pedestrian oriented retail activity along Central Street. The text amendment is consistent with the goals, objectives, and policies of the Comprehensive General Plan by maintaining the appealing character of Evanston’s neighborhoods while guiding their change as well as to retain and enhance a diversity of business, commercial and industrial areas as desirable locations of economic activity. Specifically, it will follow the policy/action of promoting pedestrian oriented retail activity in Evanston’s neighborhood business areas. Legislative History February 13, 2019 – The Plan Commission voted, 6-0, to recommend approval of the proposed text amendment. Attachments Proposed Ordinance 18-O-19 Maps of oCSC Subareas Link to Plan Commission Packet for 2/13/2019 Draft Plan Commission Minutes for the 2/13/2019 Meeting 552 of 611 2/20/2019 18-O-19 AN ORDINANCE Amending City Code Section 6-15-14-7 “Active Ground Floor Uses” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: City Code Section 6-15-14-7, “Active Ground Floor Uses,” of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 6-15-14-7. - ACTIVE GROUND FLOOR USES. In Subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or special use ("S"). In Subareas 3, 4, 5, 6 and 7, active uses shall occupy the ground floor level feet along the primary street frontage. "Active uses" are hereby defined in the table below along with the matter in which they are allowed in each subarea as either permitted use ("P") or special use ("S"). Allowed in: Uses: B1A (Subareas 4, 5 and 6) O1 (Subarea 3) C2 (Subarea 7) Animal hospital S P Artist's studios and accessory dwelling units (provided the accessory dwelling unit shall not front upon any street) P Automobile body repair establishment S Automobile and recreational vehicle sales and/or rental S Automobile repair service establishment S Automobile service station S P Banquet hall S S S Brew pub P P Business or vocational school S S Convenience store S S 553 of 611 18-O-19 ~2~ Craft alcohol production facility S S Cultural facility S S S Daycare center - Adult S Daycare center - Domestic animal S S Daycare center - Child S S Dormitory S Dwelling - Multiple family S S S Educational institution - Private SP SP Educational institution - Public SP SP Financial institution (above ground level) P P P Financial institution (ground level) S S P Food store establishments P P Government institution P P P Hotels P S Indoor commercial recreation S S S Micro-distillery S S Office (above ground level) P P P Office (ground level) S S P Performance entertainment venue S S S Religious Institution S S Resale establishment S S Restaurants type 1 P P P Restaurants type 2 S S Retail goods establishments P P P Retail service establishments P P P Specialty food store SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance 18-O-19 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: Ordinance 18-O-19 shall be in full force and effect after its passage and approval. 554 of 611 18-O-19 ~3~ SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2019 Adopted: ___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor Attest: _______________________________ Devon Reid, City Clerk Approved as to form: ______________________________ Michelle L. Masoncup, Corporation Counsel 555 of 611 Central Street Zoning (East) Zoning Boundaries & Labels Zoning Overlay Districts oCSC - Central Street Corridor oDM - Dempster-Main Overlay oH - Hospital Overlay oRD - Redevelopment Overlay oWE- West Evanston Overlay Zoning Districts B1 - Business B1a - Business B2 - Business B3 - Business C1 - Commercial C1a - Commercial Mixed-Use C2 - Commercial D1 - Downtown Fringe D2 - Downtown Retail Core D3 - Downtown Core Development D4 - Downtown Transition I1 - Industrial / Office I2 - General Industrial I3 - General Industrial MUE - Transitional Manufacturing-Employment MXE - Mixed Use Employment O1 - Office OS - Open Space R1 - Single-Family Residential R2 - Single-Family Residential R3 - Two-Family Residential R4 - General Residential R4a - General Residential R5 - General Residential R6 - General Residential RP - Research Park T1 - Transitional Campus T2 - Transitional Campus U1 - University Housing U1a - University Housing and Parking U2 - University Athletic Facilities U3 - University Lakefront Campus WE1 - West Evanston Transitional February 7, 2019 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:8,000 This map is not a plat of survey. This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.Copyright 2018 City of Evanston556 of 611 Central Street Zoning (West) Zoning Boundaries & Labels Zoning Overlay Districts oCSC - Central Street Corridor oDM - Dempster-Main Overlay oH - Hospital Overlay oRD - Redevelopment Overlay oWE- West Evanston Overlay Zoning Districts B1 - Business B1a - Business B2 - Business B3 - Business C1 - Commercial C1a - Commercial Mixed-Use C2 - Commercial D1 - Downtown Fringe D2 - Downtown Retail Core D3 - Downtown Core Development D4 - Downtown Transition I1 - Industrial / Office I2 - General Industrial I3 - General Industrial MUE - Transitional Manufacturing-Employment MXE - Mixed Use Employment O1 - Office OS - Open Space R1 - Single-Family Residential R2 - Single-Family Residential R3 - Two-Family Residential R4 - General Residential R4a - General Residential R5 - General Residential R6 - General Residential RP - Research Park T1 - Transitional Campus T2 - Transitional Campus U1 - University Housing U1a - University Housing and Parking U2 - University Athletic Facilities U3 - University Lakefront Campus WE1 - West Evanston Transitional February 7, 2019 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:8,000 This map is not a plat of survey. This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.Copyright 2018 City of Evanston557 of 611 DRAFT- NOT APPROVED Page 1 of 8 Plan Commission Minutes 2/13/19 MEETING MINUTES PLAN COMMISSION Wednesday, February 13, 2019 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Jennifer Draper, Terri Dubin, Carol Goddard, George Halik, Andrew Pigozzi Members Absent: Peter Isaac Staff Present: Meagan Jones, Neighborhood and Land Use Planner Scott Mangum, Planning and Zoning Manager Hugh Dubose, Assistant City Attorney Presiding Member: Colby Lewis, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Lewis called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: January 9, 2019 Commissioner Pigozzi made a motion to approve the minutes, seconded by Commissioner Goddard. The Commission voted unanimously, 6-0, to approve the minutes of January 9, 2019. 3. NEW BUSINESS Chair Lewis suggested that, due to two planned development projects being on the agenda, the proposed text amendment be moved from the first agenda item to the last. There were no objections from the Commission. A. Text Amendment Ground Floor Uses in the Central Street Overlay District 19PLND-0010 A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to Section 6-15-14-7 of the Zoning Ordinance, to revise the regulations of the oCSC Central Street Overlay District regarding active ground floor uses. Mr. Mangum provided a brief overview of the proposed text amendment and alerted the Commission that the amendment is being brought forward due to a Special Use 558 of 611 DRAFT- NOT APPROVED Page 2 of 8 Plan Commission Minutes 2/13/19 recently filed regarding banquet halls in the oCSC Zoning District. Chair Lewis clarified that the proposed amendment would bring the overlay regulations more in line with base zoning and that the changes only apply to ground floor uses. Mr. Mangum confirmed that this is the case. There were no questions or comments from the public. The standards for approval were then reviewed. Commissioner Halik made a motion to recommend approval of the proposed text amendment as presented by staff. Commissioner Pigozzi seconded the motion. A roll call vote was taken and the motion passed, 6-0. Ayes: Draper, Dubin, Goddard, Halik, Pigozzi, Lewis Nays: B. Planned Development 2425 Oakton Street 18PLND-0085 HPCW, LLC, the applicant, proposes to construct a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant seeks a site development allowance for an accessory structure that is 3 ft. away from the principal structure where 10 ft. is required. In addition, the applicant may seek and the Plan Commission may consider Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Jones provided and overview of the proposed project, briefly describing the site, listing the site development allowance and the proposed public benefit. Mark Daniels, attorney for the applicant, then spoke. Providing more detail on the proposed project and describing the ingress and egress on the site and how it relates to circulation within and around the site. He then added that the landscaping to the east of the ingress was tapered due to the adjacent business’s use of the driveway for trucks turning into that property. The landscaping will be phased for that reason. Mr. Daniels then addressed the site development allowance, stating that there is the ability to attach the canopy, however, there is concern regarding the wind load and possible damage to building. The preference is to keep the canopy detached. He added that the detention area is on the north extension of the property adjacent to detention for the Home Depot property and water collection concerns at the exit are addressed by additional turns needed after exiting the car wash building. He then added that the owner intends to recycle water inside the car wash and the bicycle rack has been relocated closer to the street. The existing powerline will be relocated. Chair Lewis opened up the hearing to questions from the Commission. 559 of 611 DRAFT- NOT APPROVED Page 3 of 8 Plan Commission Minutes 2/13/19 ● Commissioner Halik inquired about where the existing traffic signal will be relocated to and if it will be in conflict with the existing driveways. He then asked how the owner proposes to prevent left turns in and out of the site. Mr. Daniel and Mr. Jeff Miller of Watermark Engineering responded that the traffic signals will be combined to have a mast arm and be just south of the existing location. KLOA has been involved with the planning of the intersection for previous projects and no conflicts are anticipated. Signage will be installed to address left turns and the site configuration will slow traffic within the site. ● Commissioner Goddard asked why the vacuum canopy would not be connected to the building. Mr. Daniel stated there was concern of wind load and possible damage to the car wash building. It would also be easier to maintain the vacuums with the canopy detached. ● Chair Lewis asked if there is a power line easement. Mr. Daniel stated that there is an easement but there should be no issue if it needs to be adjusted. The power line is a regional line that cannot be adjusted too much. Chair Lewis then asked how water recycling will work. Mr. Daniel stated that tanks store, cleanse and filter the used water then return it into the system. Chair Lewis then opened up the public hearing to questions and comments from the public. 2 people spoke with the following concerns: ● Michael Bonaguro, resident and attorney representing the owners of the Shell Station south of the site voiced concerns over access to the nearby parks with large amount of traffic that they see in addition to the Sports Dome. He also stated that the right-in only is going to cause a delay and more research should be done on the potential abuse of other driveways in the vicinity of the site. He added that the additional taxes from the site will not be enough of a benefit to Evanston. ● Dilshad Lakhani, owner of the Shell Station south of the site, stated that she was opposed to the proposed project due to existing congestion that may lead to people shopping elsewhere. There would be no revenue coming in from the proposed use. Mark Daniel responded, saying that there is a benefit to the project and that the use is a service that has increased in numbers due to convenience. He clarified that there are 4 lanes of traffic on Oakton St. at this location, not 2 lanes, and the taper to 2 lanes occurs east of the site. He added that the proposal will largely take from existing traffic instead of creating additional traffic and that KLOA has included other uses in their study. He stated that the site is not likely to be a regular retail use. Chair Lewis alerted the public present that a written request for a continuance can be requested. Mr. Bonaguro stated that the submitted traffic study is a concern and that he and his clients would like to gather additional traffic information from property owners and actual parking numbers. They would also be disputing the stated amount of traffic coming from the south onto Oakton Street 560 of 611 DRAFT- NOT APPROVED Page 4 of 8 Plan Commission Minutes 2/13/19 Mr. Bonaguro submitted a written request for a continuance which was accepted. The public hearing was continued to the March 13, 2019 Plan Commission meeting. C. Planned Development 910-938 Custer Avenue 18PLND-0100 Kevin Lee, property owner, proposes to construct 40 single family attached townhomes in five standalone buildings with 2 enclosed parking spaces per dwelling unit. The applicant requests a Map Amendment to rezone the property from the MUE Transitional Manufacturing-Employment District to the MXE Mixed-Use Employment District. The applicant requests a special use for a Planned Development with Site Development Allowances for: 1) 40 dwelling units where 32 dwelling units are allowed; 2) 44.2 ft. and 4 stories in height where 41 ft. and 3 stories is allowed; 3) 5 ft. west rear yard setback where 15 ft. is required; 4) townhouse orientation facing interior and side yards where townhouse orientation must face the street; 5) 7 ft. front yard, 2ft. south interior side yard, and 1ft. west rear yard setbacks for balconies where a 9 ft. front yard setback is required, 4.5 ft. south interior side yard setback is required, and a 13.5 ft. west rear yard setback is required for balconies; and 6) 5' ft.-10 ft. landscape strip along the south and west property boundaries where a 25 ft. wide landscape strip is required. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Klotz provided and overview of the project, describing the site listing the requested site development allowances and proposed public benefits. She also stated that the applicant intends to seek TIF funding, though that is not under the purview of the Plan Commission. Mr. Bill Rotolo, TWM Consulting, introduced the development team then Mr. Mike Cook, Cook Engineering Group, provided more details on the project describing existing conditions, the proposed layout of the site emergency access, and the proposed turnaround at the north end of the site. He added that they will be meeting MWRD requirements and be providing an underground stormwater system and permeable pavers. Mr. Doug Wirth, architect, reviewed the building design and materials. He added that there are two unit types and solar arrays on the roof of each unit. Mr. Craig Burton stated that energy modeling had been done for energy efficiency of the site and net zero guidelines were followed. Mr. Gary Lehman provided information on the landscaping, describing the proposed roof 561 of 611 DRAFT- NOT APPROVED Page 5 of 8 Plan Commission Minutes 2/13/19 gardens, some private gardens and landscaping proposed along the CTA embankment. A monument sign is proposed at the southeast corner of the site. One of the public benefits includes this landscaping along with a planting proposal at the park along the embankment near the Main Street CTA station and a possible mural. Mr. Javier Milan of Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) stated that traffic counts were taken on November 8, 2018 at the Main/Custer, Sherman/Main, Custer/public alley intersections, Sherman/Parking Lot 31 drive aisle and the drive leading to Evanston Lumber Yard. All operate at acceptable levels of service. There was suggestion of possibly removing 1 or 2 spaces on Main in order to provide better site lines at the intersection. Since 12 new parking spaces are proposed on Custer Ave., there would still be an overall gain in on-street parking. Mr. Rotolo stated that a market exists for this use as it is not provided in large numbers in Evanston. The typical buyer is mid 40’s to mid-50’s in age with children, if they have them, in high school or older. The prices will range from high $600,000 to high $700,000 with a good amount of living space. He then reviewed the proposed public benefits. Chair Lewis then opened up the public hearing to questions from the Commission. These questions included the following: ● Commissioner Pigozzi stated that the intersection near the site is difficult to navigate and inquired about the existing lot at Evanston Lumber having alley access. Mr. Milan stated that, per staff request, signage would be provided to discourage cutting through the parking lot on the opposite side of the alley off of Sherman Ave. ● Commissioner Pigozzi then stated that nearby Lincoln School is overcrowded and even though it is not under the purview of the Commission, he wondered if possible negative effects of TIF on the school had been considered. Mr. Rotolo stated that the proposed use does not generate many school aged children. There may be language within the redevelopment agreement to divert money to the school district. ● Commissioner Goddard asked if a signalized/countdown timer may be necessary at the intersection. ● Commissioner Dubin asked for clarification regarding green roof vs. roof garden. Mr. Lehman explained that there will be a shallow tray system installed with a limited load so what is proposed is a green roof. Ms. Draper asked for clarification on access to that use. Mr. Wirth described the roof top deck that would provide access to the green roof. ● Chair Lewis asked what would be required a front yard. Ms. Klotz responded that the setback of the property is along Custer Ave and is different from what the developers are referring to in front of each unit. Mr. Rotolo added that the fee simple may be adjusted to include areas in front of the home. Covenants will prohibit certain changes. ● Chair Lewis asked if a market study was done. Mr. Rotolo responded yes and 562 of 611 DRAFT- NOT APPROVED Page 6 of 8 Plan Commission Minutes 2/13/19 that the demand is high. Sales operations will occur during construction, space on Main St. may be rented for this purpose. Construction will begin without presales. Chair Lewis opened up the public hearing to questions from the public. A total of 7 people spoke, including the following: ● Ashaf Manji, resident, stated that he liked the idea of rezoning and that the area will likely become residential. He added that the Commission should consider the proposed concessions. ● Stan Eastman, resident, asked if Evanston Lumber will continue to operate. Mr. Rotolo responded that Evanston Lumber will continue to operate and the proposed development will not take over the site. ● Hilly Hacker, resident, asked if intergenerational homes had been considered. Mr. Rotolo responded that this was not considered and that type of use may not fit with zoning requirements. The layout of the homes somewhat address that. ● Martin Renke inquired about concrete in the alley and who will cover the cost of moving utilities. Mr. Rotolo stated that the cost will be covered by the developer and some utilities will have to be buried. ● Ellyn Frank Miller, resident, asked if cars have access to Custer Ave. Mr. Milan stated that residents will utilize the alley. Mr. Milan stated emergency vehicles can also use Custer Ave for access. Ms. Frank Miller then asked if there was any effect to parking on Main Street by the alley widening and if a 4-way stop may be proposed at Custer Ave. and Main St. Mr. Milan responded that additional signage could be looked at and evaluated and removing a parking space on Main St. could also be considered. A 4-way stop would be a last resort. ● Jeff Silver, resident, voiced concerns regarding the variances needed, adding that the proposed building height is 50% taller than existing surrounding structures. He then asked if the developer intended to pave the entire alley to which Mr. Rotolo responded that the portions of the alley adjacent to the site will be paved. ● Robert Fisher, Evanston Lumber, asked if there are any provisions for construction parking and if there is enough room in the alley for two-way traffic. Mr. Rotolo responded that general conversations have occurred with staff regarding parking and that the alley can accommodate two-way traffic. Chair Lewis then asked for public testimony. A total of 7 people spoke including the following: ● Mr. Eastman stated that the site is not appropriate for the proposed use and he strongly urges the Commission to not grant additional development allowance. He added that the nearby intersection is dangerous and residents will likely drive through the parking lot on Sherman Ave. He also stated that the proposed building does not fit into the neighborhood. ● Ms. Hacker asked why the development does not stick to zoning regulations and that stated that the area will be tremendously affected by additional traffic. 563 of 611 DRAFT- NOT APPROVED Page 7 of 8 Plan Commission Minutes 2/13/19 ● Mr. Renke stated that the location offers a great chance to build something that takes advantage of transit. He suggested that the project could remove some parking and reduce the building height and added that the alley is still too narrow. ● Ms. Frank Miller expressed excitement to see development at the site but concern about traffic, specifically through the parking lot and that staff should address that issue. ● David Adams, resident, asked why the homes are 4 stories and if there are any provisions compensating those affected by the development. Nichols school could be affected, He stated that he has concerns with the nearby intersection and possible bottleneck that could occur. He added that it would be nice to shrink the homes down. ● Mr. Silver stated that he loves the idea but shares the same objections expressed previously. The development should follow existing zoning and setbacks. Encourages denial of the project as is and encourages revisions. ● Mr. Fisher expressed excitement about redevelopment and emphasized that Custer Ave. is the lifeblood of Evanston Lumber and that the Main St. /Custer Ave. intersection is a nightmare. He challenged the applicant to conduct a traffic study in the summer during the busy season. Chair Lewis closed the public hearing and the Commission began its deliberations. Commissioner Halik stated that it is difficult to build affordable housing and he sees prospective purchasers as young families. He expressed that the interior spaces are too efficient. Commissioner Halik continued saying height is not an issue adding that the request is not much higher than the requirement. He also mentioned that there are a variety of architectural styles in the area. Chair Lewis asked for clarification on the requirements versus what is requested. Ms. Klotz responded that 44.2 ft. height is requested where 41 ft. is allowed. Commissioner Dubin stated that it is tough to see changes but that this type of housing is needed in Evanston. Commissioner Draper stated that generally, the project is an improvement. The space will be broken up with courtyards but she would like to see more attention paid to the façade facing Custer Ave. She also recommended that net-zero standards be met. Chair Lewis stated that the development is being sold as a transit oriented development and that it is trying to be both convenient and provide more parking. He expressed concern of delivery traffic to Evanston Lumber and that the proposed turnaround could be larger. The Commission then reviewed the standards for approval of Map Amendment, Special Use and Planned Development Guidelines for the proposed development. 564 of 611 DRAFT- NOT APPROVED Page 8 of 8 Plan Commission Minutes 2/13/19 Commissioner Goddard suggested that a parking space be taken out on Main St. to increase visibility. Commissioner Halik suggested that additional façade consideration be added to make the blank areas friendlier. Commissioner Goddard made a motion to recommend approval of the map amendment, planned development and conditions as presented by staff with the added conditions of the removal of two parking spaces on Main St. and that the applicant continues to work with staff on the facade of the building. Commissioner Draper seconded the motion. A roll call vote was taken and the motion passed, 6-0. Ayes: Draper, Dubin, Goddard, Halik, Lewis, Pigozzi Nays: 4. PUBLIC COMMENT There was no public comment. 5. ADJOURNMENT Commissioner Pigozzi made a motion to adjourn the meeting. Commissioner Dubin seconded the motion. A voice vote was taken and the motion was approved by voice vote 6-0. The meeting was adjourned at 10:32 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 565 of 611 For City Council meeting of April 22, 2019 Item P4 Ordinance 30-O-19, Planned Development at 2425 Oakton St. For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Johanna Leonard, Community Development Director Scott Mangum, Planning & Zoning Manager Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 30-O-19 Planned Development, 2425 Oakton St., 18PLND-0085 Date: March 28, 2019 Recommended Action: The Plan Commission and staff recommend adoption of Ordinance 30-O-19 for approval of a Planned Development for a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant is seeking one site development allowance for an accessory structure that is 3 ft. from the principal structure where 10 ft. is required. Livability Benefits: Built Environment: Provide compact and complete streets and neighborhoods. Economy & Jobs: Retain and Expand Local Businesses. Background The applicant proposes to construct a 4,900 square foot car wash building with 20 vacuum spaces housed under 2 separate canopies. An additional 4 parking spaces will be uncovered towards the rear of the lot. Uses surrounding the property include the Philip Lochman & Co. manufacturing building, a Steak ‘n Shake restaurant, and entry into the Home Depot parking lot to the east; Home Depot, North Shore Towing & Wrecking, Evanston Organics and Ozinga ready Mix to the north; Dammrich Rowing Center and North Shore Towing to the west; and Shell Gas Station, Gordon Food Service (GFS), Quad Indoor Sports Dome, and CubeSmart Self Storage to the south. Site Layout The current property is an irregular shaped lot with a rectangular base and triangular portion on the north end with approximately 180 feet of frontage along Oakton St. and a total lot size of 47,679 sq. ft. The property is currently vacant and was previously owned by the Salvation Army. Memorandum 566 of 611 The development is proposing right-turn in, right-turn out ingress and egress points. Once a vehicle has turned into the lot at the easternmost curb-cut, the customer has the option to go straight into the carwash stacking lanes or turn slightly left and drive further into the lot to access the vacuum spaces. The car wash stacking lanes run along the east side of the property and wrap around the rear of the property in a counter- clockwise motion to enter the one-story car wash building. There are approximately 25 stacking spaces for this use. Vehicles will exit the building at the southwest corner of the site and will either proceed onto Oakton Street in the right-turn only westernmost drive or turn left to proceed into the vacuum spaces. Vehicles entering for the vacuum spaces follow a path parallel to the carwash lanes and turn into one of the 20 canopied vacuum spaces, 10 to the east, and 10 to the west. They then make take the same exit path as car wash customers. The trash enclosure is located in the rear portion of the lot and is accessible through a striped by-pass lane and access drive that cuts through the rear of the proposed vacuum space area. A diagram is included in the development plans showing how garbage trucks will maneuver within the site. Proposed Site Plan: 567 of 611 The streetscape will be improved with an ADA compliant sidewalk and landscaping that will include shrubs and groundcover on the property. An existing tree within the parkway will be preserved. An existing traffic signal near the east end of the property will be relocated in order to accommodate the curb-cut for the right-in only ingress driveway. A crosswalk will be striped to cross Oakton Street. A new public bicycle rack will be provided at the south end of the development near the building exit. Compliance with the Zoning Ordinance Planned Development: The applicant requests approval of a Planned Development for a one-story car wash facility with 20 vacuum spaces and 4 parking spaces. The applicant requests approval of one Site Development Allowance: ● Construction of an accessory structure that is 3 ft. from the principal structure where 10 ft. is required. The requested Site Development Allowance is an eligible allowance listed in the Zoning Ordinance. Parking and Traffic The property is located near the City’s western limits and is located on CTA’s Route 97 bus route. Based on the City’s parking requirement, 7 stacked vehicle spaces are required. The development proposes a total of 24 parking spaces (including 2 ADA parking spaces) and 25 stacking spaces, which is in compliance with the parking requirement. The applicant submitted a Traffic Impact Study (prepared by Kenig, Lindgren, O’Hara & Aboona, Inc., or KLOA) that analyzes the anticipated traffic impact the development will have on the area. The traffic study also analyzes the internal circulation of the site as well as the right-in, right-out ingress and egress that is proposed for the site. The volume of traffic estimated to be generated from the new use was estimated based on similar existing uses and the Institute of Transportation Engineers’ Trip Generation Manual. The study noted that not all of the traffic generated by the proposed car wash would be new but would also be trips diverted from the existing traffic on the road. This, therefore, will likely decrease the number of new trips generated by the car wash as opposed to a different retail use that may be the sole specific destination for customers. A new sidewalk will be installed and a bike rack will be provided along Oakton Street. The traffic study concludes that the existing street network will be able to accommodate the increased traffic volumes and no capacity improvements or modifications for vehicular traffic are needed or suggested. The current signalized intersection operates at a high Level of Service (LOS), level A, during peak hours and is projected to maintain this level of service with the addition of the carwash use. The right-out only turning lane on to Oakton Street will be under stop sign control and is projected to operate at an 568 of 611 LOS B during peak hours. The traffic study does recommend that, after 6 months to one year, a study be conducted on the operation of the car wash and the inbound access drive to determine if inbound left-turn movement would be appropriate and how that may impact the operation of the Oakton Street intersection with the inbound access drive and private access road south of Oakton Street. City staff also recommended that circulation patterns be revisited, and any necessary revisions to the site or access points be implemented, should traffic become an issue at the site in the future. Public Benefits The applicant will provide a $5,000 contribution towards improving a CTA bus stop near the project site on Oakton Street as a public benefit of the project. Conditions In addition to the stated public benefits, the applicant agrees to the following conditions: 1. Development and operation of the Planned Development shall be in substantial compliance with the documents on file, testimony, and representations made throughout the Planned Development process. 2. A Construction Management Plan is required prior to issuance of a building permit. 3. Any material change in the use of the building must be approved as an amendment to the Planned Development. 4. The applicant is responsible for any needed intersection improvements due to the project including the relocation of existing traffic signals and coordinating the signal timing. 5. The applicant shall provide a one-time $5,000 contribution to be used for improvements to a CTA bus stop in the vicinity of the proposed development. 6. The applicant agrees to contract with a traffic consultant to study circulation patterns and make necessary revisions to the site plan and/or access points if the City identifies traffic issues with the development at any time in the future. Standards of Approval The proposed development must satisfy the Standards for Special Use in Section 6-3-5- 10, the Standard for Planned Development in Section 6-3-6-9 and Standards and Guidelines Established for Planned Developments in the I1 Industrial/Office District (Section 6-14-1-10). Staff and the Plan Commission find that the proposed development meets all Standards for approval: Standards for Special Use (Section 6-3-5-10): A Planned Development is listed as a special use in the I1 Industrial/Office district. The proposed development follows the purposes and policies outlined in the Comprehensive Plan and the Zoning Ordinance. The proposed development will not cause a negative cumulative effect when considered in conjunction with other special uses in the area. Surrounding uses include big box retailers, light industrial uses, a drive through food establishment, and a gas station. 569 of 611 The proposal can be adequately served by public facility infrastructure already available. The street and sidewalk network, public transportation, as well as water, sewer, electricity, and gas infrastructure already exist in the area. Any necessary modifications to infrastructure, including the relocation of an existing traffic signal, shall be approved through the permit process as appropriate. The applicant submitted a Traffic Impact Study that finds there will be minimal effect to the level of service on existing surrounding roadways. Additionally, the applicant agrees to relocate an existing traffic signal and provide new crosswalks at the existing intersection near the site. Staff will require that the applicant be responsible for coordinating the signal timing at the intersection. Finally, the proposal meets all zoning requirements other than the Site Development Allowance requested. Standards and Guidelines for Planned Developments in I1 District (Sections 6-3-6-9 and 6-14-1-10): The proposed Planned Development complies with the purpose and the intent of the Comprehensive General Plan and the Zoning Ordinance. The business is a commercial use that is a compatible land use with surrounding properties. Additionally, the proposal enhances the existing streetscape by developing a lot that is currently vacant and fenced off adding landscaping and a continuous sidewalk to adjacent properties. The proposal is consistent with the vision and goals of the Comprehensive Plan for redevelopment of underutilized properties as well as the Plan’s objective to maintain the appealing character of Evanston’s neighborhoods while guiding change and promoting the growth and redevelopment of business, commercial, and industrial areas. Legislative History March 13, 2019 – The Plan Commission recommended approval 4-0 of the proposed development including the Site Development Allowance and conditions listed in the staff memos dated February 7, 2019 and March 8, 2019. February 13, 2019 – The Plan Commission opened the public hearing and heard testimony by the applicant and the general public. There was significant discussion surrounding possible vehicle traffic created and circulation near the site. At the request of a nearby property owner, the hearing was continued to March 13, 2019. February 6, 2019 – The Design & Project Review Committee (DAPR) reviewed the proposed development and provided comments and suggestions to the applicant. Significant discussion centered on recycling water at the site and review of the traffic pattern near the site. The applicant stated intention to work with staff on these items as well as the proposed site development allowance should it not be approved. The Committee recommended unanimous approval of the proposed planned development with the condition that traffic near the site be reviewed should concerns arise in the future. 570 of 611 Attachments Proposed Ordinance 30-O19 Link to Plan Commission Packet of March 13, 2019 Link to Plan Commission Packet of February 13, 2019 (Planned Development Submittal, beginning pg.22) Plan Commission Draft Meeting Minutes of March 13, 2019 Plan Commission Meeting Minutes of February 13, 2019 571 of 611 3/27/2019 4/4/2019 4/11/19 30-O-19 AN ORDINANCE Granting a Special Use Permit for a Planned Development at 2425 Oakton Street WHEREAS, the City of Evanston is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, as a home rule unit of government, the City has the authority to adopt ordinances and to promulgate rules and regulations that protect the public health, safety, and welfare of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164); and WHEREAS, it is a well-established proposition under all applicable case law that the power to regulate land use through zoning regulations is a legitimate means of promoting the public health, safety, and welfare; and WHEREAS, Division 13 of the Illinois Municipal Code (65 ILCS 5/11-13-1, et seq.) grants each municipality the power to establish zoning regulations; and WHEREAS, pursuant to its home rule authority and the Illinois Municipal Code, the City has adopted a set of zoning regulations, set forth in Title 6 of the Evanston City Code of 1979, as amended, (“the Zoning Ordinance”); and WHEREAS, HPCW LLC (the “Applicant,”), developer of the property located at 2425 Oakton Street, Evanston, Illinois (the “Subject Property”), legally 572 of 611 described in Exhibit A, which is attached hereto and incorporated herein by reference, applied, pursuant to the provisions of the Zoning Ordinance, specifically Section 6-3-5, “Special Uses”, Section 6-3-6, “Planned Developments”, and Subsection 6-14-1-10, “Planned Developments” in Industrial Zoning Districts, to permit the construction and operation of a Planned Development at the Subject Property in the I1 Industrial Zoning District (“I1 District”) and the oRD Redevelopment Overlay Zoning District (“oRD District”); and WHEREAS, the Subject Property is located in the oRD District. Pursuant to Subsection 6-15-13-5, “Any person requesting a building permit [in the oRD District] involving construction of a new building or structure shall be required to submit an application for a planned development in accordance with the procedures set forth in Section 6-3-6.” Additionally, at the time of application Subsection 6-15-13-7 designated “any use listed as permitted or special in the underlying base zoning district” as a permitted use in the oRD District; and WHEREAS, the Applicant seeks approval to construct a car wash facility with 20 vacuum spaces, and 4 additional parking spaces on the Subject Property; and WHEREAS, construction of the Planned Development, as proposed in the application, requires exception from the strict application of the Zoning Ordinance for an accessory structure that is three (3) feet from the principal structure where ten (10) feet is required, in the I1 Industrial District and oRD Redevelopment Overlay District; and WHEREAS, pursuant to Subsection 6-3-6-5 of the Zoning Ordinance, the City Council may grant Site Development Allowances to the normal district regulations established in the Zoning Ordinance; and 573 of 611 WHEREAS, on February 13, 2019, and March 13, 2019, in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.) and the Zoning Ordinance, the Plan Commission held public hearings on the application for a Special Use Permit for a Planned Development, case no. 18PLND-0085, heard extensive testimony and public comment, received other evidence, and made written minutes, findings, and recommendations; and WHEREAS, the Plan Commission’s written findings state that the application for the proposed Planned Development meets applicable standards set forth for Special Uses in Subsection 6-3-5-10 of the Zoning Ordinance and Planned Developments in the I1 District; and WHEREAS, the Plan Commission recommended the City Council approve the application with conditions; and WHEREAS, on April 8, 2019, the Planning and Development (“P&D”) Committee of the City Council held a meeting, in compliance with the provisions of the Open Meetings Act and the Zoning Ordinance, received input from the public, carefully considered and adopted the findings and recommendations of the Plan Commission, and recommended approval thereof by the City Council; and WHEREAS, at its meetings on April 8, 2019 and April 22, 2019, held in compliance with the Open Meetings Act and the Zoning Ordinance, the City Council considered the recommendation of the P&D Committee, the Applicant application, received additional public comment, made certain findings, and adopted said recommendation; and 574 of 611 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 (1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (7th Cir. 1995)), 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 facts and incorporated herein by reference. SECTION 2: Pursuant to the terms and conditions of this ordinance, the City Council hereby grants the Special Use Permit applied for in case no. 18PLND- 0085, to allow construction and operation of the Planned Development described herein. SECTION 3: The City Council hereby grants the following Site Development Allowance: (A) Accessory Structure: A Site Development Allowance is hereby granted for an accessory structure that is three (3) feet from the principal structure where ten (10) feet is required, in the I1 Industrial District and oRD Redevelopment Overlay District. SECTION 4: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council imposes the following conditions on the Special Use Permit granted hereby, 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 Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Applicable Requirements: The Applicant shall develop and operate the Planned Development authorized by the terms of this ordinance in substantial compliance with: the terms of this ordinance; the Site and Landscape 575 of 611 Plans in Exhibits B and C, attached hereto and incorporated herein by reference; all applicable legislation; the Applicant’s testimony and representations to the Design and Project Review Committee, the Plan Commission, the P&D Committee, and the City Council; and the approved documents on file in this case. (B) Construction Management Plan: The Applicant shall sign and agree to a Construction Management Plan (CMP) with the City of Evanston prior to issuance of the Building Permit. The CMP shall include but is not limited to the following: construction phasing/staging plans; construction hours; site access including traffic and pedestrian safety plans; contractor parking; damage control and vibration monitoring; construction exhibits; project communication and signage. (C) Traffic Light: The Applicant is responsible for all intersection improvements due to the project, including relocating existing traffic signals and coordinating the signal timing. The Applicant’s responsibilities will include all intersection improvement costs including, but not limited to, design, any required construction, installations, materials, testing of the relocated traffic signals, and all labor costs. The Applicant will coordinate with the City on all improvements prior to making any changes to the intersection. (D) Bus Stop Improvement: The Applicant shall provide a one-time contribution of five thousand dollars ($5,000) to be used for improvements to a CTA bus stop in the vicinity of the proposed development. (E) Continued Traffic Study: The Applicant agrees to contract with a traffic consultant to study circulation patterns and make necessary revisions to the site plan and/or access points if the City identifies traffic issues with the development at any time in the future. (F) Changes in Building Use: Any material changes in the use of the building on the Subject Property must be approved as an amendment to this Planned Development in accordance with Subsection 6-3-6-12 of the Zoning Ordinance. (G) Recordation: Pursuant to Subsection 6-3-6-10 of the Zoning Ordinance, the Applicant shall, at its cost, record a certified copy of this ordinance, including all exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any permits pursuant to the Planned Development authorized by the terms of this ordinance. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s tenants, agents, assigns, and successors in interest.” 576 of 611 SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 7: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the terms and provisions of any of said documents conflict with the terms herein, this ordinance shall govern and control. SECTION 8: All ordinances or parts of ordinances that are in conflict with the terms of this ordinance 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 herein are hereby 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:_________________, 2019 Adopted:___________________, 2019 Approved: __________________________, 2019 _______________________________ Stephen H. Hagerty, Mayor 577 of 611 Attest: _____________________________ Devon Reid, City Clerk Approved as to form: _______________________________ Michelle L. Masoncup, Corporation Counsel 578 of 611 EXHIBIT A Legal Description THAT PART OF LOT 'A' IN OAKTON CONSOLIDATION IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTH WESTERLY CORNER OF SAID LOT BEING 81 FEET EAST OF THE WEST LINE AND 33 FEET NORTH OF THE SOUTH LINE OF SAID SOUTHWEST 1/4 (AS MEASURED PARALLEL TO SAID SECTIONAL LINES), THENCE EAST ALONG THE SOUTH LINE OF SAID LOT, A DISTANCE OF 179 FEET TO A CORNER OF SAID LOT; THENCE NORTHERLY ALONG AN EASTERLY BOUNDARY LINE OF SAID LOT, AND ITS EXTENSION NORTHERLY 233 FEET; THENCE WEST PARALLEL TO THE SAID SOUTH LINE OF SAID LOT, 111 FEET; THENCE NORTHERLY PARALLEL TO THE MOST WESTERLY LINE OF SAID LOT, 172 FEET TO A POINT IN THE NORTH WESTERLY LINE OF SAID LOT, BEING ALSO THE SOUTH EASTERLY LINE OF THE CHICAGO, AND NORTH WESTERN RAILROAD; THENCE SOUTH WESTERLY ALONG SAID LINE 181.85 FEET TO THE SAID MOST WESTERLY LINE OF SAID LOT; THENCE SOUTHERLY ALONG SAID LINE 239.80 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PINs: 10-24-310-046-0000 COMMONLY KNOWN AS: 2425 Oakton Street, Evanston, IL 579 of 611 EXHIBIT B Development Plans 580 of 611 581 of 611 582 of 611 583 of 611 Free VacuumPROPOSED SOUTH ELEVATIONSCALE: 3/32" = 1'-o"2FACE BRICKSMODULAR SIZESTUCCOMETAL CANOPYSTONE CUT FINISHSIGN BOARDTYPICAL 1" DEEP NICKEXTERIOR DECORATIVELIGHTVACUUMMETAL ROOFSTONE CUT FINISHSTUCCOMETAL CANOPYTYPICAL 1" DEEP NICKEXTERIOR DECORATIVE LIGHTVACUUMMETAL ROOFNEIGHBOR COMMERCIAL BUILDINGPROPOSED NORTH ELEVATIONSCALE: 3/32" = 1'-o"1NEIGHBOR COMMERCIAL BUILDING 2'-O"1O'-O"9'-4"2'-8"5'-O"EvanstonCarwashExitEntrancePAY STATIONFree VacuumFree VacuumFree Vacuum13'-0" 13'-0" 21'-4"7'-8" 2'-0"2'-8"5'-0"10'-0"9'-4" 21'-4"7'-8" 29'-6" 29'-6"FACE BRICKSMODULAR SIZE24252425NOTE:THE FONT, COLOR AND SIZE OF EXTERIOR SIGNAGE SHOULD BE PROVIDED BY SIGN CONTRACTORAND LATER WE WILL INCORPORATE ON THIS PROPOSED ELEVATION DRAWING.BRICK SPECIFICATION SHEET3AS SHOWNA3OO1-O11137L ICESEARCSTTAOFI LL I N O NHIS DITECTEGEORGE WSIMOULISPROPOSED ELEVATIONSALL DESIGN DEVELOPERSCORPORATION27o4 West Peterson Avenue, Chicago, IL 6o659office: 773 381 73oo; cell: 773 297 19382425 OAKTON STREETEVANSTON, IL 6o2o2DRAWN BYMay 2o18DATEISSUEDPROPOSALREVISIONREVISIONOWNER:MR. ROBERT STAMBOLICMANHATTANDEVELOPMENT GROUPDRG.NO.SCALE:SITE ADDRESS:Sheet Description:ARCHITECT:GEORGE SIMOULIS7555 N.KEELER, SKOKIE, IL 6OO7607/25/2018584 of 611 PROPOSED EAST ELEVATIONSCALE: 3/32" = 1'-o"1FACE BRICKS MODULAR SIZEMETAL ROOFSTONE CUT FINISHSTUCCOFACE BRICKS MODULAR SIZEMETAL ROOFSTONE CUT FINISHSTUCCOPROPOSED WEST ELEVATIONSCALE: 3/32" = 1'-o"2OVERHEAD SECURITYSCREEN SHUTTERVENDING MACHINESCarwashFree Vacuums$3CarwashFree Vacuums$32'-0"8'-0"6'-4"2'-8"2'-4"2'-8"19'-0"5'-0" 2'-0"8'-0"6'-4"2'-8"2'-4"2'-8"5'-0" 19'-0"5'-0"5'-0" 29'-6" 29'-6"NOTE:THE FONT, COLOR AND SIZE OF EXTERIOR SIGNAGE SHOULD BE PROVIDED BY SIGN CONTRACTORAND LATER WE WILL INCORPORATE ON THIS PROPOSED ELEVATION DRAWING.AS SHOWNA4OO1-O11137L ICESEARCSTTAOFI LL I N O NHIS DITECTEGEORGE WSIMOULISPROPOSED ELEVATIONSALL DESIGN DEVELOPERSCORPORATION27o4 West Peterson Avenue, Chicago, IL 6o659office: 773 381 73oo; cell: 773 297 19382425 OAKTON STREETEVANSTON, IL 6o2o2DRAWN BYMay 2o18DATEISSUEDPROPOSALREVISIONREVISIONOWNER:MR. ROBERT STAMBOLICMANHATTANDEVELOPMENT GROUPDRG.NO.SCALE:SITE ADDRESS:Sheet Description:ARCHITECT:GEORGE SIMOULIS7555 N.KEELER, SKOKIE, IL 6OO7607/25/2018585 of 611 4,9OO SQ FTEXIT ENTRANCE CAR WASH BUILDING1'-0"1'-0"1'-0"LOADING LANEOFFICEEMPLOYEE'SRESTROOMEQUIPMENT ROOMTOWEL CLEANINGCOUNTERWASHDRYMOP SINKVEHICLE CONVEYORBELTWASH TUNNELELECTRICALPANELSTRANS-FORMERM.C.C.ELECTRICALPANELSCOKEVENDING MACHINESPROPOSED FLOOR PLAN 3/16"=1'-o"11234567ACGCWT1'-0"SNACKSFOOD DRINKCOMBO COKECORRELATOR ENSW1A-5A-52A-52A-51BROOF HATCH & LADDERTRENCH DRAINBELT2'-8"20'-4"2'-8"20'-4"2'-8"20'-2"2'-8"20'-2"2'-8"1'-2"8'-4"1'-2"8'-4"5'-0"8'-4"1'-2"8'-4"3'-10"23'-4"23'-0"22'-10"22'-10"22'-10"23'-2"140'-0"3'-4"8'-10"12'-0"4'-4"2'-8" 35'-0" 9'-2"23'-10"3'-10"8'-4"1'-2"8'-4"5'-0"8'-4"1'-2"8'-4"5'-0"8'-4"1'-2"8'-4"5'-0"8'-4"1'-2"8'-4"5'-0"8'-4"8'-4"1'-4"3'-10"20'-4"2'-8"23'-2"140'-0"22'-10"22'-10"22'-10"23'-0"23'-4"3'-10" 3'-4"8'-10"12'-0"7'-0"3'-10"35'-0"9'-2"23'-10"137'-0"113'-4"7'-4"15'-0"22'-2"114'-10"20'-0"8'-4" 23'-0" 8'-4"UTILITY ROOMCOMEDELEC.PANELSTELEPHONEWATERMETERGASMETERroll-downdoors isremoved3/16"=1'-o"A2oo1-o11137L ICESEARCSTTAOFI LL IN O NHIS DITECTEGEORGE WSIMOULISPROPOSED FLOOR PLANALL DESIGN DEVELOPERSCORPORATION27o4 West Peterson Avenue, Chicago, IL 6o659office: 773 381 73oo; cell: 773 297 19382425 OAKTON STREETEVANSTON, IL 6o2o2DRAWN BYMay 2o18DATEISSUEDPROPOSALREVISIONREVISIONOWNER:MR. ROBERT STAMBOLICMANHATTANDEVELOPMENT GROUPDRG.NO.SCALE:SITE ADDRESS:Sheet Description:ARCHITECT:GEORGE SIMOULIS7555 N.KEELER, SKOKIE, IL 6OO7607/25/2018586 of 611 GCWTPROPOSED FIRE EXTINGUISHERS, 3/16"=1'-o"1EXITS & EMERGENCY LIGHTS PLAN1) PULL... PULL THE PIN. THIS WILL ALSO BREAK THE TAMPERSEAL.2) AIM... AIM LOW, POINTING THE EXTINGUISHER NOZZLE (OR ITSHORN OR HOSE) AT THE BASE OF THE FIRE. ...3) SQUEEZE... SQUEEZE THE HANDLE TO RELEASE THEEXTINGUISHING AGENT.4) SWEEP... SWEEP FROM SIDE TO SIDE AT THE BASE OF THEFIRE UNTIL IT APPEARS TO BE OUT.FIREESTINGUISHERNOTE:All BUILDING shall be provided with portable fire extinguishersper NFPA #10 and the FirePrevention Code. Said extinguishers shallbe 2A10BC rated and be properly tagged and testedprior to installation.FIREExTINGUISHERFIREExTINGUISHERFIREExTINGUISHER1111projected tent stylesignage 6 feet abovefire extinguisher (typ)a3a3a3g5bg5bg5b5wp(unswitched)NOTES (EXIT/ EMERGENCY LIGHTING):1. ALL BATTERY PACK UNITS, NIGHT LIGHTS AND EXIT SIGNS TO BE UNSWITCHED ANDPROTECTED BY 15A/ 1P 'LOCK-ON' CIRCUITS BREAKERS (CHICAGO APPROVED).2. ALL EMERGENCY WIRING TO BE IN A SEPARATE RACEWAY SYSTEM INDEPENDENT OF OTHERLOAD CIRCUITS.3. MAXIMUM NUMBER OF CONNECTIONS PER CIRCUIT TO BE FIFTEEN (15).4. ALL UNIT BATTERIES TO BE MAINTAINED BY A COMPETENT PERSONNEL AND A READILYAVAILABLE LOG TO BE MAINTAINED AS PER CHICAGO CODE.BATTERY HOUSINGLIGHTSWITH HANGING LIGHTS)(MAY BE BACK-MOUNTED5" TO 16"9" TO 18"2 1/2" TO 9"OR RECESSED INTO CEILING(MAY BE TOPMOUNTED)LIGHTING TO BE9" INCANDESCENT3-3/4" 13-5/8"SCALE: N.T.S.SCALE: N.T.S.WESTERN LIGHTINGSL SERIESMEETS REQUIREMENTSOF UL 924, NFPA-1o1LIFE SAFETY, OSHA ANDTHE MUNICIPAL CODEOF forrest viewRELIABLE FIREEQUIPMENT COMPANYEMERGENCY LIGHTMEETS REQUIREMENTSOF NFPA-1o1 LIFESAFETY AND THE MUNICIPALCODE OF forrest viewEXIT SIGNEMERGENCY LIGHT3/16"=1'-o"FE-1oo1-o11137L ICESEARCSTTAOFI LL IN O NHIS DITECTEGEORGE WSIMOULISPROPOSED FIRE EXTIGUISHERS, ALL DESIGN DEVELOPERSCORPORATION27o4 West Peterson Avenue, Chicago, IL 6o659office: 773 381 73oo; cell: 773 297 19382425 OAKTON STREETEVANSTON, IL 6o2o2DRAWN BYMay 2o18DATEISSUEDPROPOSALREVISIONREVISIONOWNER:MR. ROBERT STAMBOLICMANHATTANDEVELOPMENT GROUPDRG.NO.SCALE:SITE ADDRESS:Sheet Description:ARCHITECT:GEORGE SIMOULIS7555 N.KEELER, SKOKIE, IL 6OO7607/25/2018EXITS & EMERGENCY LIGHTS PLAN587 of 611 EXHIBIT C Landscape Plans 588 of 611 589 of 611 590 of 611 DRAFT- NOT APPROVED Page 1 of 4 Plan Commission Minutes 3/13/19 MEETING MINUTES PLAN COMMISSION Wednesday, March 13, 2019 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Terri Dubin, Carol Goddard, George Halik Members Absent: Jennifer Draper, Peter Isaac, Andrew Pigozzi Staff Present: Meagan Jones, Neighborhood and Land Use Planner Hugh Dubose, Assistant City Attorney Presiding Member: Colby Lewis, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Lewis called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: February 13, 2019 Commissioner Halik made a correction to a statement reflected in the minutes. Chair Lewis then made a correction to a statement he made. Commissioner Goddard made a motion to approve the minutes, seconded by Commissioner Dubin. The Commission voted unanimously, 4-0, to approve the minutes of February 13, 2019 as amended. 3. NEW BUSINESS A. Planned Development 2425 Oakton Street 18PLND-0085 HPCW, LLC, the applicant, proposes to construct a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant seeks a site development allowance for an accessory structure that is 3 ft. away from the principal structure where 10 ft. is required. In addition, the applicant may seek and the Plan Commission may consider Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Jones provided a brief review of the proposed project, briefly describing the site and reiterating the site development allowance and the proposed public benefit. 591 of 611 DRAFT- NOT APPROVED Page 2 of 4 Plan Commission Minutes 3/13/19 Chair Lewis acknowledged the submission of a traffic count document (attached) from Mr. Michael Bonaguro, attorney for the gas station owners south of the project site, who submitted the request for a continuance at the previous meeting. He then invited the applicant to present any new information regarding the proposed project. Mr. Mark Daniel, attorney for the applicant, stated that traffic count document submitted seems to be in line with the traffic study submitted by the applicant and that they have no comments presently but the applicant would like to hear what Mr. Bonaguro will present. He added that there is a representative from KLOA, Mr. Michael Werthmann, who is available to respond to traffic related questions. Chair Lewis then opened public testimony and invited Mr. Bonaguro to speak. Mr. Bonaguro stated he was asked to appear by the proprietor of the Shell Station south of the site. He explained that he spoke with Bill Kendra, owner of Quad Indoor Sports Dome, who provided him with the submitted traffic counts earlier that day. He expressed concerns over the timing of the applicant’s traffic impact study, adding that although the Sports Dome had been open at the time of the study, it was slow to start and fully program so the study is, therefore, out of date. He requested that a more recent report be part of the Commission’s consideration. He added that Bill Kendra stated that it appears that staff and the developer have been thoughtful about the turn-in, turn-out for the site. Mr. Bonaguro continued, stating that there is a lot of eastbound traffic turning right and that there are many trucks which miss the asphalt facility having to turnaround, turning onto private property. A more up to date study might account for that traffic. Mr. Werthmann, who provided the counts submitted by Mr. Bonaguro, stated that a n earlier study had been conducted and that the 2018 counts are comparable to original study counts. He added that there is a high Level of Service (LOS) for the road which lends itself to additional property uses. Traffic follows a 90/10 rule where there may be a few vehicles that attempt to make left turns but that this largely will not occur. It is likely that if a driver is inconvenienced by the entrance, they will opt to go somewhere else. Chair Lewis opened up the hearing to questions and comments from the Commission. He then asked if there was a response from the applicant regarding the truck traffic and vehicle turnarounds. Mr. Werthmann responded that it is possible that it will occur; however, it is not a convenient maneuver and will likely not happen very often. Chair Lewis then pointed out that the counts on the traffic study, vehicle traffic per peak hour, and those submitted by Mr. Bonaguro, vehicle traffic per day, vary by unit. Mr. Werthmann stated that he looked at the breakdown of the daily vehicle traffic count and found that count to be similar to what was in the applicant’s traffic impact study. Mr. Daniel stated that Mr. Bonaguro had the ability to review the traffic study prior to the previous meeting and emphasized that the study is updated, dated January 4, 2019. He 592 of 611 DRAFT- NOT APPROVED Page 3 of 4 Plan Commission Minutes 3/13/19 also emphasized that the previous point made about inconvenience of different vehicle maneuvers is important to note. Mr. Bonaguro responded that what he submitted should not be seen as a complete study. He added that his clients are stating that traffic is a problem in the area and that should be taken into consideration. Commissioner Dubin stated that traffic counts do not address the possibility of vehicle turnarounds and that cannot be predicted from the information provided. Chair Lewis closed the public hearing and the Commission began its deliberations. Commissioner Halik stated that there is significant vehicle stacking space on the site and does not think that will be an issue. He added that there has been discussion on eastbound traffic possibly making left turns into the property and that there will be signage installed as a deterrent to that action. Those two items make him satisfied with the project that is presented. Chair Lewis stated that the proposed curb cuts will feed one business and inquired if the proposed use is more traffic generating than other possible uses that are permitted by the zoning code. Mr. Werthmann responded that it depends on the use; some businesses could generate more vehicle traffic, others less. Car washes are generally low traffic volume with the exception of certain days. He then pointed out that condition six of approval of the proposed development calls for further review of traffic patterns if the City sees issues arise in the future. He added that KLOA previously worked on the traffic study for the Sports Dome and is familiar with the area. Chair Lewis added that he believes there would be some development at this site and traffic would be generated for that use at some point as well. The Commission then reviewed the standards for approval of the Special Use and Planned Development Guidelines for the proposed development. Commissioner Goddard made a motion to recommend approval of the planned development and conditions as presented by staff. Commissioner Dubin seconded the motion. A roll call vote was taken and the motion passed, 4-0. Ayes: Dubin, Goddard, Halik, Lewis Nays: 4. PUBLIC COMMENT There was no public comment. 5. ADJOURNMENT 593 of 611 DRAFT- NOT APPROVED Page 4 of 4 Plan Commission Minutes 3/13/19 Commissioner Dubin made a motion to adjourn the meeting. Commissioner Goddard seconded the motion. A voice vote was taken and the motion was approved by voice vote 4-0. The meeting was adjourned at 7:40 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 594 of 611 KLOA, Inc. Transportation and Parking Planning Consultants 9575 West Higgins Road, Suite 400 | Rosemont, Illinois 60018 p: 847-518-9990 | f: 847-518-9987 MEMORANDUM TO: Bill Kindra Quad Indoor Sports FROM: Elise Purguette Consultant Michael A. Werthmann, PE, PTOE Principal DATE: October 16, 2018 SUBJECT: Daily Traffic Counts Oakton Street with Quad Indoor Sports Access Road Evanston, Illinois This memorandum summarizes the results of daily traffic counts conducted by Kenig, Lindgren, O’Hara, Aboona, Inc. (KLOA, Inc.) at the intersection of Oakton Street and the access road serving the Quad Indoor Sports facility in Evanston, Illinois. The daily traffic counts were conducted for five weekdays from Monday, October 1, 2018 through Friday, October 5, 2018. The counts were performed on Oakton Street just west of the access road and on the access road just south of Oakton Street. Table 1 presents the results of the daily traffic counts. It should be noted that on Friday, October 5, 2018, the eastbound Oakton Street count only represents a partial traffic count as the tubes did not remain in place on Oakton Street. Table 1 DAILY TRAFFIC VOLUMES OAKTON STREET WITH ACCESS ROAD Oakton Street Access Road Date EB WB Total NB SB Total Monday, October 1, 2018 10,058 10,254 20,312 824 1,459 2,283 Tuesday, October 2, 2018 10,000 9,617 19,617 838 1,405 2,243 Wednesday, October 3, 2018 10,793 8,786 19,579 1,078 1,713 2,791 Thursday, October 4, 2018 10,560 8,655 19,215 971 1,608 2,579 Friday, October 5, 2018 4,042A 8,887 12,929 1,099 1,780 2,879 A represents only a partial traffic count as the tubes did not remain in place on Oakton Street. 595 of 611 APPROVED Page 1 of 8 Plan Commission Minutes 2/13/19 MEETING MINUTES PLAN COMMISSION Wednesday, February 13, 2019 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Colby Lewis (Chair), Jennifer Draper, Terri Dubin, Carol Goddard, George Halik, Andrew Pigozzi Members Absent: Peter Isaac Staff Present: Meagan Jones, Neighborhood and Land Use Planner Scott Mangum, Planning and Zoning Manager Hugh Dubose, Assistant City Attorney Presiding Member: Colby Lewis, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Lewis called the meeting to order at 7:00 P.M. 2. APPROVAL OF MEETING MINUTES: January 9, 2019 Commissioner Pigozzi made a motion to approve the minutes, seconded by Commissioner Goddard. The Commission voted unanimously, 6-0, to approve the minutes of January 9, 2019. 3. NEW BUSINESS Chair Lewis suggested that, due to two planned development projects being on the agenda, the proposed text amendment be moved from the first agenda item to the last. There were no objections from the Commission. A. Text Amendment Ground Floor Uses in the Central Street Overlay District 19PLND-0010 A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to Section 6-15-14-7 of the Zoning Ordinance, to revise the regulations of the oCSC Central Street Overlay District regarding active ground floor uses. Mr. Mangum provided a brief overview of the proposed text amendment and alerted the Commission that the amendment is being brought forward due to a Special Use 596 of 611 APPROVED Page 2 of 8 Plan Commission Minutes 2/13/19 recently filed regarding banquet halls in the oCSC Zoning District. Chair Lewis clarified that the proposed amendment would bring the overlay regulations more in line with base zoning and that the changes only apply to ground floor uses. Mr. Mangum confirmed that this is the case. There were no questions or comments from the public. The standards for approval were then reviewed. Commissioner Halik made a motion to recommend approval of the proposed text amendment as presented by staff. Commissioner Pigozzi seconded the motion. A roll call vote was taken and the motion passed, 6-0. Ayes: Draper, Dubin, Goddard, Halik, Pigozzi, Lewis Nays: B. Planned Development 2425 Oakton Street 18PLND-0085 HPCW, LLC, the applicant, proposes to construct a car wash facility with 20 vacuum spaces and 4 parking spaces in the I1 Industrial District and oRD Redevelopment Overlay District. The applicant seeks a site development allowance for an accessory structure that is 3 ft. away from the principal structure where 10 ft. is required. In addition, the applicant may seek and the Plan Commission may consider Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Jones provided and overview of the proposed project, briefly describing the site, listing the site development allowance and the proposed public benefit. Mark Daniels, attorney for the applicant, then spoke. Providing more detail on the proposed project and describing the ingress and egress on the site and how it relates to circulation within and around the site. He then added that the landscaping to the east o f the ingress was tapered due to the adjacent business’s use of the driveway for trucks turning into that property. The landscaping will be phased for that reason. Mr. Daniels then addressed the site development allowance, stating that there is the ability to attach the canopy, however, there is concern regarding the wind load and possible damage to building. The preference is to keep the canopy detached. He added that the detention area is on the north extension of the property adjacent to detention for the Home Depot property and water collection concerns at the exit are addressed by additional turns needed after exiting the car wash building. He then added that the owner intends to recycle water inside the car wash and the bicycle rack has been relocated closer to the street. The existing powerline will be relocated. Chair Lewis opened up the hearing to questions from the Commission. 597 of 611 APPROVED Page 3 of 8 Plan Commission Minutes 2/13/19 ● Commissioner Halik inquired about where the existing traffic signal will be relocated to and if it will be in conflict with the existing driveways. He then asked how the owner proposes to prevent left turns in and out of the site. Mr. Daniel and Mr. Jeff Miller of Watermark Engineering responded that the traffic signals will be combined to have a mast arm and be just south of the existing location. KLOA has been involved with the planning of the intersection for previous projects and no conflicts are anticipated. Signage will be installed to address left turns and the site configuration will slow traffic within the site. ● Commissioner Goddard asked why the vacuum canopy would not be connected to the building. Mr. Daniel stated there was concern of wind load and possible damage to the car wash building. It would also be easier to maintain the vacuums with the canopy detached. ● Chair Lewis asked if there is a power line easement. Mr. Daniel stated that there is an easement but there should be no issue if it needs to be adjusted. The power line is a regional line that cannot be adjusted too much. Chair Lewis then asked how water recycling will work. Mr. Daniel stated that tanks store, cleanse and filter the used water then return it into the system. Chair Lewis then opened up the public hearing to questions and comments from the public. 2 people spoke with the following concerns: ● Michael Bonaguro, resident and attorney representing the owners of the Shell Station south of the site voiced concerns over access to the nearby parks with large amount of traffic that they see in addition to the Sports Dome. He also stated that the right-in only is going to cause a delay and more research should be done on the potential abuse of other driveways in the vicinity of the site. He added that the additional taxes from the site will not be enough of a benefit to Evanston. ● Dilshad Lakhani, owner of the Shell Station south of the site, stated that she was opposed to the proposed project due to existing congestion that may lead to people shopping elsewhere. There would be no revenue coming in from the proposed use. Mark Daniel responded, saying that there is a benefit to the project and that the use is a service that has increased in numbers due to convenience. He clarified that there are 4 lanes of traffic on Oakton St. at this location, not 2 lanes, and the taper to 2 lanes occurs east of the site. He added that the proposal will largely take from existing traffic instead of creating additional traffic and that KLOA has included other uses in their study. He stated that the site is not likely to be a regular retail use. Chair Lewis alerted the public present that a written request for a continuance can be requested. Mr. Bonaguro stated that the submitted traffic study is a concern and that he and his clients would like to gather additional traffic information from property owners and actual parking numbers. They would also be disputing the stated amount of traffic coming from the south onto Oakton Street 598 of 611 APPROVED Page 4 of 8 Plan Commission Minutes 2/13/19 Mr. Bonaguro submitted a written request for a continuance which was accepted. The public hearing was continued to the March 13, 2019 Plan Commission meeting. C. Planned Development 910-938 Custer Avenue 18PLND-0100 Kevin Lee, property owner, proposes to construct 40 single family attached townhomes in five standalone buildings with 2 enclosed parking spaces per dwelling unit. The applicant requests a Map Amendment to rezone the property from the MUE Transitional Manufacturing-Employment District to the MXE Mixed-Use Employment District. The applicant requests a special use for a Planned Development with Site Development Allowances for: 1) 40 dwelling units where 32 dwelling units are allowed; 2) 44.2 ft. and 4 stories in height where 41 ft. and 3 stories is allowed; 3) 5 ft. west rear yard setback where 15 ft. is required; 4) townhouse orientation facing interior and side yards where townhouse orientation must face the street; 5) 7 ft. front yard, 2ft. south interior side yard, and 1ft. west rear yard setbacks for balconies where a 9 ft. front yard setback is required, 4.5 ft. south interior side yard setback is required, and a 13.5 ft. west rear yard setback is required for balconies; and 6) 5' ft.-10 ft. landscape strip along the south and west property boundaries where a 25 ft. wide landscape strip is required. In addition, the applicant may seek and the Plan Commission may consider additional Site Development Allowances as may be necessary or desirable for the proposed development. Ms. Klotz provided and overview of the project, describing the site listing the requested site development allowances and proposed public benefits. She also stated that the applicant intends to seek TIF funding, though that is not under the purview of the Plan Commission. Mr. Bill Rotolo, TWM Consulting, introduced the development team then Mr. Mike Cook, Cook Engineering Group, provided more details on the project describing existing conditions, the proposed layout of the site emergency access, and the proposed turnaround at the north end of the site. He added that they will be meeting MWRD requirements and be providing an underground stormwater system and permeable pavers. Mr. Doug Wirth, architect, reviewed the building design and materials. He added that there are two unit types and solar arrays on the roof of each unit. Mr. Craig Burton stated that energy modeling had been done for energy efficiency of the site and net zero guidelines were followed. Mr. Gary Lehman provided information on the landscaping, describing the proposed roof 599 of 611 APPROVED Page 5 of 8 Plan Commission Minutes 2/13/19 gardens, some private gardens and landscaping proposed along the CTA embankment. A monument sign is proposed at the southeast corner of the site. One of the public benefits includes this landscaping along with a planting proposal at the park along the embankment near the Main Street CTA station and a possible mural. Mr. Javier Milan of Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA) stated that traffic counts were taken on November 8, 2018 at the Main/Custer, Sherman/Main, Custer/public alley intersections, Sherman/Parking Lot 31 drive aisle and the drive leading to Evanston Lumber Yard. All operate at acceptable levels of service. There was suggestion of possibly removing 1 or 2 spaces on Main in order to provide better site lines at the intersection. Since 12 new parking spaces are proposed on Custer Ave., there would still be an overall gain in on-street parking. Mr. Rotolo stated that a market exists for this use as it is not provided in large numbers in Evanston. The typical buyer is mid 40’s to mid-50’s in age with children, if they have them, in high school or older. The prices will range from high $600,000 to high $700,000 with a good amount of living space. He then reviewed the proposed public benefits. Chair Lewis then opened up the public hearing to questions from the Commission. These questions included the following: ● Commissioner Pigozzi stated that the intersection near the site is difficult to navigate and inquired about the existing lot at Evanston Lumber having alley access. Mr. Milan stated that, per staff request, signage would be provided to discourage cutting through the parking lot on the opposite side of the alley off of Sherman Ave. ● Commissioner Pigozzi then stated that nearby Lincoln School is overcrowded and even though it is not under the purview of the Commission, he wondered if possible negative effects of TIF on the school had been considered. Mr. Rotolo stated that the proposed use does not generate many school aged children. There may be language within the redevelopment agreement to divert money to the school district. ● Commissioner Goddard asked if a signalized/countdown timer may be necessary at the intersection. ● Commissioner Dubin asked for clarification regarding green roof vs. roof garden. Mr. Lehman explained that there will be a shallow tray system installed with a limited load so what is proposed is a green roof. Ms. Draper asked for clarification on access to that use. Mr. Wirth described the roof top deck that would provide access to the green roof. ● Chair Lewis asked what would be required for a front yard. Ms. Klotz responded that the setback of the property is along Custer Ave and is different from what the developers are referring to in front of each unit. Mr. Rotolo added that the fee simple may be adjusted to include areas in front of the home. Covenants will prohibit certain changes. ● Chair Lewis asked if a market study was done. Mr. Rotolo responded yes and 600 of 611 APPROVED Page 6 of 8 Plan Commission Minutes 2/13/19 that the demand is high. Sales operations will occur during construction, space on Main St. may be rented for this purpose. Construction will begin without presales. Chair Lewis opened up the public hearing to questions from the public. A total of 7 people spoke, including the following: ● Ashaf Manji, resident, stated that he liked the idea of rezoning and that the area will likely become residential. He added that the Commission should consider the proposed concessions. ● Stan Eastman, resident, asked if Evanston Lumber will continue to operate. Mr. Rotolo responded that Evanston Lumber will continue to operate and the proposed development will not take over the site. ● Hilly Hacker, resident, asked if intergenerational homes had been considered. Mr. Rotolo responded that this was not considered and that type of use may not fit with zoning requirements. The layout of the homes somewhat address that. ● Martin Renke inquired about concrete in the alley and who will cover the cost of moving utilities. Mr. Rotolo stated that the cost will be covered by the developer and some utilities will have to be buried. ● Ellyn Frank Miller, resident, asked if cars have access to Custer Ave. Mr. Milan stated that residents will utilize the alley. Mr. Milan stated emergency vehicles can also use Custer Ave for access. Ms. Frank Miller then asked if there was any effect to parking on Main Street by the alley widening and if a 4-way stop may be proposed at Custer Ave. and Main St. Mr. Milan responded that additional signage could be looked at and evaluated and removing a parking space on Main St. could also be considered. A 4-way stop would be a last resort. ● Jeff Silver, resident, voiced concerns regarding the variances needed, adding that the proposed building height is 50% taller than existing surrounding structures. He then asked if the developer intended to pave the entire alley to which Mr. Rotolo responded that the portions of the alley adjacent to the site will be paved. ● Robert Fisher, Evanston Lumber, asked if there are any provisions for construction parking and if there is enough room in the alley for two-way traffic. Mr. Rotolo responded that general conversations have occurred with staff regarding parking and that the alley can accommodate two-way traffic. Chair Lewis then asked for public testimony. A total of 7 people spoke including the following: ● Mr. Eastman stated that the site is not appropriate for the proposed use and he strongly urges the Commission to not grant additional development allowance. He added that the nearby intersection is dangerous and residents will likely drive through the parking lot on Sherman Ave. He also stated that the proposed building does not fit into the neighborhood. ● Ms. Hacker asked why the development does not stick to zoning regulations and that stated that the area will be tremendously affected by additional traffic. 601 of 611 APPROVED Page 7 of 8 Plan Commission Minutes 2/13/19 ● Mr. Renke stated that the location offers a great chance to build something that takes advantage of transit. He suggested that the project could remove some parking and reduce the building height and added that the alley is still too narrow. ● Ms. Frank Miller expressed excitement to see development at the site but concern about traffic, specifically through the parking lot and that staff should address that issue. ● David Adams, resident, asked why the homes are 4 stories and if there are any provisions compensating those affected by the development. Nichols school could be affected, He stated that he has concerns with the nearby intersection and possible bottleneck that could occur. He added that it would be nice to shrink the homes down. ● Mr. Silver stated that he loves the idea but shares the same objections expressed previously. The development should follow existing zoning and setbacks. Encourages denial of the project as is and encourages revisions. ● Mr. Fisher expressed excitement about redevelopment and emphasized that Custer Ave. is the lifeblood of Evanston Lumber and that the Main St. /Custer Ave. intersection is a nightmare. He challenged the applicant to conduct a traffic study in the summer during the busy season. Chair Lewis closed the public hearing and the Commission began its deliberations. Commissioner Halik stated that it is difficult to build affordable housing and he sees prospective purchasers as young families. He expressed that the interior spaces are almost too efficient with bedrooms being very narrow. Commissioner Halik continued saying height is not an issue adding that the request is not much higher than the requirement. He also mentioned that there are a variety of architectural styles in the area. Chair Lewis asked for clarification on the requirements versus what is requested. Ms. Klotz responded that 44.2 ft. height is requested where 41 ft. is allowed. Commissioner Dubin stated that it is tough to see changes but that this type of housing is needed in Evanston. Commissioner Draper stated that generally, the project is an improvement. The space will be broken up with courtyards but she would like to see more attention paid to the façade facing Custer Ave. She also recommended that net-zero standards be met. Chair Lewis stated that the development is being sold as a transit oriented development and that it is trying to be both convenient and provide more parking. He expressed concern of delivery traffic to Evanston Lumber and that the proposed turnaround could be larger. The Commission then reviewed the standards for approval of Map Amendment, Special Use and Planned Development Guidelines for the proposed development. 602 of 611 APPROVED Page 8 of 8 Plan Commission Minutes 2/13/19 Commissioner Goddard suggested that a parking space be taken out on Main St. to increase visibility. Commissioner Halik suggested that additional façade consideration be added to make the blank areas friendlier. Commissioner Goddard made a motion to recommend approval of the map amendment, planned development and conditions as presented by staff with the added conditions of the removal of two parking spaces on Main St. and that the applicant continues to work with staff on the facade of the building. Commissioner Draper seconded the motion. A roll call vote was taken and the motion passed, 6-0. Ayes: Draper, Dubin, Goddard, Halik, Lewis, Pigozzi Nays: 4. PUBLIC COMMENT There was no public comment. 5. ADJOURNMENT Commissioner Pigozzi made a motion to adjourn the meeting. Commissioner Dubin seconded the motion. A voice vote was taken and the motion was approved by voice vote 6-0. The meeting was adjourned at 10:32 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 603 of 611 For City Council meeting of April 22, 2019 Item O1 Business of the City by Motion: Evanston Rebuilding Warehouse For Action To: Honorable Mayor and Members of the City Council From: Hitesh Desai, Chief Financial Officer Tammi Nunez, Purchasing Manager Minority, Women, and Evanston Based Enterprise (MWEBE) Development Committee Subject: Recommendation and Utilization of LEP Penalty Funds for Evanston Rebuilding Warehouse Pathways to Union Apprenticeship Program Proposal Date: April 22, 2019 Recommendation Action: The Human Services Committee recommends City Council approval to provide financial assistance through the Local Employment Program (LEP) Workforce Reserve Penalty Account totaling $40,000 to Evanston Rebuilding Warehouse (ERW) and Minority Business Consortium (MBC). Funding Source: Local Employment Program (LEP) Workforce Reserve - Penalty Account (100.41307) has an available fund balance of $71,871.59. Livability Benefits: • Economy & Jobs: Retain and expand local businesses, expand job opportunities, develop workforce, support green jobs and businesses • Education, Arts Community: Incorporate arts and cultural resources, preserve and reuse historic structures and sites, support social and cultural diversity, promote a cohesive and connected community, provide quality education from cradle to career, support older adults as they age in the community • Equity & Empowerment: Ensure equitable access to community assets, provide for meaningful community engagement, support quality human service programs, support poverty prevention and alleviation Memorandum 604 of 611 Summary: The MWEBE Development Committee makes recommendations regarding use of City LEP penalty account funds to be utilized for the support of the LEP and Workforce development program goals. ERW proposal in partnership with MBC will provide individuals with a five (5) month, full-time, minimum wage paid job training program in building, deconstruction and construction trades: 1. Continuing education a. On-the-job and classroom instructions b. Industry recognized certifications 2. Key Personnel Development a. Supportive services 3. Access to union apprenticeship programs 4. Pathway to career options with living wages and benefits The MOU Agreement between ERW and EMBCI was signed April 9, 2019. ERW and MBC partnership agreement will allow trainees to attend MBC study sessions on topics like math for entry into union apprenticeship programs. The partnership between ERW and MBC will also provide graduates with networking resources to establish meaningful employment within the Evanston community. Legislative History: On March 4, 2019 the Human Services Committee received the MWEBE Committee recommendation. The Human Service Committee approved the Pathways to Union Apprenticeship Program proposal with Evanston Rebuilding Warehouse (ERW) and Minority Business Consortium (MBC). It is recommended Humans Services Committee approve allocations of $40,000 during 2019 which will provide strong pathway for ten (10) Evanston residents to access union apprenticeship programs. ------------ Attachments: Attachment A - February 2019 Update to the MWEBE Committee Pathways to Union Apprenticeship Programs for Evanston residents - Evanston Rebuilding Warehouse (ERW) Attachment B - Proposal to the MWEBE Committee Pathways to Union Apprenticeships for Evanston residents - Evanston Rebuilding Warehouse (ERW) Attachment C – Agreement between Evanston Rebuilding Warehouse (ERW) and Minority Business Consortium (MBC) 605 of 611 606 of 611 607 of 611 608 of 611 609 of 611 610 of 611 611 of 611