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10.24.16 Packet
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, October 24, 2016 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee is cancelled. City Council meeting will convene at conclusion of the A&PW Committee meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Rainey (II) Mayor Public Announcements and Proclamations Lesbian, Gay, Bisexual and Transgender History Day - October 24, 2016 (III) City Manager Public Announcements The Great Pumpkin Compost Event – November 5, 2016 (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. Those wishing to speak should sign their name and the agenda item or non- agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. (VI) Special Orders of Business (VII) Consent Agenda: Alderman Rainey 1 of 338 City Council Agenda October 24, 2016 Page 2 of 8 (VIII) Report of the Standing Committees Administration & Public Works - Alderman Braithwaite Planning & Development - Alderman Wilson Human Services - Alderman Tendam (IX) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment SPECIAL ORDERS OF BUSINESS (SP1) Dodge Avenue Bike Lane Update Staff will update Council with findings from analysis regarding parking and improvement of traffic flow on Dodge Avenue. For Discussion (SP2) FY2017 Proposed Budget – Debt, Capital, and Other Funds Staff will provide a presentation regarding the FY2017 Proposed Budget. No formal action will be taken regarding the FY2017 Budget. Budget documents are available here: http://www.cityofevanston.org/city-budget/. For Discussion CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting October 10, 2016 and October 17, 2016. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – through October 3, 2016 $ 2,779,982.54 (A2) FY2016 City of Evanston Bills – October 25, 2016 $ 3,400,759.33 For Action 2 of 338 City Council Agenda October 24, 2016 Page 3 of 8 (A3.1) Purchase of Parking Enforcement Vehicle from Currie Motors Staff recommends City Council approval for the following vehicle replacement purchases for the Administrative Services Department (Parking Enforcement). This purchase consists of one (1) replacement vehicle from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $20,224. The vehicle purchased will replace Parking Enforcement division vehicle #110 that was totaled on September 17, 2016. Funding for one (1) vehicle will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $20,224. Insurance claims have been filed for the replacement cost with USAA Insurance group, holder of striking vehicle policy. Payment for the new vehicle will be forthcoming with an approximate totaled value of $20,091.50. For Action (A3.2) Purchase of Cisco Hardware and Software from Heartland Business Systems and Rental of Equipment from CentricsIT Staff recommends City Council authorize the purchase of Cisco networking equipment and software from Heartland Business Systems (1700 Stephen Street, Little Chute, WI ) in the amount of $40,887.60 and the rental of networking hardware from CentricsIT (3140 Northwoods Parkway, Norcross, GA) in the amount of $5,500 to complete the core networking replacement project. Total cost of this project is $46,387.60. Funding is provided through Capital Improvement Fund 4150.65515. The 2016 Budget included a $500,000 transfer to the Capital Improvement Fund. Although this transfer was allocated to the FY2016 Capital Improvement Plan, not all projects will be completed by year end. Staff will adjust the 2016 and 2017 Capital Improvement Fund to pay for this expense. For Action (A3.3) Change Order #1 to the Contract with Ross Barney Architects for Design and Architecture Services for the Proposed Howard Street Theatre Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for Design and Architecture Services for the Proposed Howard Street Theatre with Ross Barney Architects, (10 W Hubbard St. Chicago, IL) in the amount of $12,505. This will increase the total contract amount from the original contract price of $39,865 to $52,370. Funding for this work will be from the Howard Ridge TIF District which has $1,000,000 budgeted in the Amended 2016 Budget for this project. For Action 3 of 338 City Council Agenda October 24, 2016 Page 4 of 8 (A3.4) Contract for Phase III Construction Engineering Services with Christopher B. Burke Engineering, Ltd. For Sheridan Road – Chicago Avenue Project Staff recommends that City Council authorize the City Manager to execute a contract with Christopher B. Burke Engineering, Ltd. (9575 W. Higgins Road, Suite 600, Rosemont, Illinois 60018) in the not-to-exceed amount of $980,000 to provide the Phase III construction engineering services for Sheridan Road – Chicago Avenue Project. Funding for this project is as follows: $500,000 from the CIP Fund (2017 GO Bond) – Account 415.40.4150.65515-416450; $280,000 from the CIP Fund (2018 GO Bond) – Account 415.40.4150.65515-416450; and $200,000 from the Water Fund (2018) – Account 513.40.7330.65515-416450. For Action (A4) Resolution 68-R-16, Local Public Agency Agreement for Federal Participation with IDOT to Fund the Sheridan Road – Chicago Avenue Project Staff recommends adoption of Resolution 68-R-16 authorizing the City Manager to negotiate and execute the Illinois Department of Transportation (IDOT) Local Public Agency Agreement for Federal Participation required for the Sheridan Road - Chicago Avenue Project. Execution of the Agreement will allow Evanston to receive $1,992,400 in Illinois Transportation Enhancement Grant (ITEP) funding, $1,700,000 in Illinois Jurisdiction Transfer Funds and obligate Evanston to pay IDOT the local share cost of this project totaling $9,492,514 ($8,512,514 for construction and $980,000 for engineering) by the completion of the project. The total proposed funding for this project totals $13,627,400, which is $442,486 over the estimated cost of the project. The various funding sources being used for this project can be found on the corresponding transmittal memorandum. For Action (A5) Resolution 63-R-16, Lease Agreements with United States Postal Service for Parking in City Parking Garage, 1800 Maple Avenue Staff recommends that the City Council adopt Resolution 63-R-16, authorizing the City Manager to enter into a lease renewal with the United States Postal Service (USPS) Facilities Real Estate Division (7029 Albert Pick Road, Greensboro, N.C., 27498-1103) for the parking of Postal Service Vehicles in the Maple Avenue Self Park, 1800 Maple Avenue. Projected total revenue for the period from 11/1/2016 – 10/31/2018 is $121,440. For Action (A6) Resolution 67-R-16 - Approving Settlement in Rattray v. City, et al. Staff recommends City Council adoption of Resolution 67-R-16 authorizing the City execute a settlement agreement in Sean Rattray v. City of Evanston, et al. (Case No. 14-cv-08735). The funding source for the settlement will be from the Insurance Fund (Settlement Costs – Liability). For Action 4 of 338 City Council Agenda October 24, 2016 Page 5 of 8 (A7) Ordinance 110-O-16, Amending Sections of the Evanston City Code Related to Removing Requirements for Certain Businesses Staff recommends City Council adoption of Ordinance 110-O-16, amending sections of the City Code related to removing requirements for certain businesses. Functions related to motor vehicle repair shops and price stating for retail establishments are no longer performed by the City of Evanston. Therefore, they are no longer regulated by the City. This Ordinance removes related portions of the City Code to accurately reflect the City’s current business regulation practices. For Introduction (A8) Ordinance 125-O-16, Amend City Code Section 7-2-5 Regulating Personal Wireless Telecommunication Facilities in the Public Right-of-Way Staff recommends City Council adopt Ordinance 125-O-16, regulating personal wireless telecommunications facilities. While the City currently has a general right-of-way permit application, the City should adopt a supplemental permit application specific to small cell towers delineating the City’s requirements, as well as to address issues and minimize the risk of litigation specific to small cell towers. Furthermore, implementing Ordinance 125-O-16 will ensure that the City treats all providers equally as required under state and federal law. For Introduction (A9) Ordinance 140-O-16, Amending Title 10, Chapter 11 “Traffic Schedules” of the City Code, Removing Parking Meters in Various Locations Throughout the City of Evanston The Transportation/Parking Committee and staff recommend City Council adoption of Ordinance 140-O-16, reallocating or removing parking meters in designated areas of the City. During the past couple years, staff has assessed parking meter usage throughout the City and determined that there are some areas in which parking meters are underutilized when compared to the expenses related to the installation and ongoing maintenance of the equipment. City staff recommends that the following conversions be adopted with respect to meter location removal or reallocation. For Introduction (A10) Ordinance 130-O-16, Amending City Code Title 10-11-1, Schedule 1, Reducing the Speed Limit on Sheridan Road from 30 MPH to 25 MPH Staff recommends City Council adopt Ordinance 130-O-16, reducing the speed limit on Sheridan Road from 30 MPH to 25 MPH. The Sheridan Road route through Evanston requires motorist to travel not only on Sheridan Road, but also on Main Street, Forest Avenue, Burnham Place and Forest Place. In order to have the speed limit reduced to 25 MPH through the entire route, the proposed ordinance reduces the speed limit on Burnham Place and as well as Sheridan Road. The other sections of roadway along the Sheridan Road route already have a 25 MPH speed limit. For Introduction 5 of 338 City Council Agenda October 24, 2016 Page 6 of 8 (A11) Ordinance 129-O-16, Decreasing the Number of Class D Liquor Licenses for Red Robin Express Staff recommends City Council adoption of Ordinance 129-O-16, decreasing the number of Class D Liquor Licenses for Red Robin Express, LLC d/b/a Red Robin Burger Works at 1700 Maple Avenue. Staff recommends suspension of the rules for Introduction and Action at the October 24, 2016 City Council meeting. For Introduction and Action (A12) Ordinance 131-O-16, Increasing the Number of Class D Liquor Licenses for Asian Cajun Too Local Liquor Commissioner recommends City Council adoption of Ordinance 131-O-16, amending City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-four (54) to fifty-five (55) and permit issuance of a Class D license to Asian Cajun Too Corporation d/b/a Asian Cajun Too located at 1322 Chicago Avenue. For Introduction (A13) Approval of Ordinance 132-O-16, Increasing the Number of Class T Liquor Licenses for The Caterist Local Liquor Commissioner recommends City Council adoption of Ordinance 132-O-16, amending City Code Subsection 3-4-6-(T) to increase the number of authorized Class T liquor licenses from two (2) to three (3) and permit issuance of a Class T license to Rent A Chef, Inc. d/b/a The Caterist located at 940 Pitner Avenue, Suite 5. For Introduction (A14) Ordinance 133-O-16, Increasing the Number of Class P-4 Liquor Licenses for North Shore Cider Local Liquor Commissioner recommends City Council adoption of Ordinance 133-O-16 amending City Code Subsection 3-4-6-(P-4) to increase the number of authorized Class P-4 liquor licenses from zero (0) to one (1) and permit issuance of a Class P-4 license to North Shore Cider Company, LLC d/b/a North Shore Cider located at 707 Howard Street. For Introduction (A15) Ordinance 134-O-16, Increasing the Number of Class U Liquor Licenses for Studio 5 Local Liquor Commissioner recommends City Council adoption of Ordinance 134-O-16 amending City Code Subsection 3-4-6-(U) to increase the number of authorized Class U liquor licenses from zero (0) to one (1) and permit issuance of a Class U license to Dance Center Evanston, Inc. d/b/a Studio 5 located at 1934 Dempster Street. Alderman Braithwaite recommends suspension of the rules for Introduction and Action at the October 24, 2016 City Council meeting. For Introduction and Action 6 of 338 City Council Agenda October 24, 2016 Page 7 of 8 (A16) Ordinance 135-O-16, Increasing the Number of Class D Liquor Licenses for Sam’s Chicken & Ribs, Local Liquor Commissioner recommends City Council adoption of Ordinance 135-O-16 amending City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-five (55) to fifty-six (56) and permit issuance of a Class D license to TMC Foods, Inc. d/b/a Sam’s Chicken & Ribs located at 1639 Orrington Avenue. For Introduction (A17) Ordinance 136-O-16, Increasing the Number of Class P-3 Liquor Licenses for Meta Wine Local Liquor Commissioner recommends City Council adoption of Ordinance 136-O-16 amending City Code Subsection 3-4-6-(P-3) to increase the number of authorized Class P-3 liquor licenses from zero (0) to one (1) and permit issuance of a Class P-3 license to VSWC, LLC d/b/a Meta Wine located at 600 Main Street. For Introduction (A18) Ordinance 137-O-16, Amending City Code Section 3-4-6 By Creating the New Class W Liquor License Local Liquor Commissioner recommends to City Council for adoption Ordinance 137-O-16, amending City Code Subsection 3-4-6 by creating a new Class W Liquor License. The City of Evanston currently does not have an annual liquor license tailored to commercial indoor recreation facilities allowing the sale of beer and wine for on-site consumption. Bill Kindra and Randall Mayne, representatives for Quad Indoor Sports, approached the City of Evanston’s Liquor Control Review Board requesting the addition of a new annual liquor license for commercial indoor recreation facilities. For Introduction (A19) Ordinance 120-O-16, Authorizing the Sale of a Surplus Fleet Vehicles/ Equipment Owned by the City of Evanston Staff recommends that City Council adopt Ordinance 120-O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, November 8, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. For Action 7 of 338 City Council Agenda October 24, 2016 Page 8 of 8 (A20) Ordinance 127-O-16, Dissolving Howard Hartrey Tax Increment Finance District Staff recommends City Council adopt Ordinance 127-O-16 dissolving the Howard Hartrey Tax Increment Finance (TIF) District effective December 31, 2016. As a part of this closure the City is required to officially notify all taxing districts regarding the dissolution and any distribution thereof from remaining funds in the TIF. For Action MEETINGS SCHEDULED THROUGH NOVEMBER 14, 2016 Upcoming Aldermanic Committee Meetings Wed, Oct 26 6:00 PM Transportation/Parking Committee Wed, Oct 26 7:00 PM Economic Development Committee Sat, Oct 29 9:00 AM Special City Council Meeting and Public Hearing: Budget Thurs, Nov 3 7:00 PM Housing & Homelessness Commission Mon, Nov 7 6:00 PM Human Services Mon, Nov 7 7:00 PM City Council Budget Discussion Mon, Nov 14 6:00 PM A&PW, P&D, City Council meetings Tues, Nov 14 7:00 PM Housing & Community Development Act Committee Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 8 of 338 For City Council meeting of October 24, 2016 Item SP1 Dodge Avenue Bike Lane Update For Discussion To: Honorable Mayor and Members of the City Council From: David D. Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Subject: Dodge Avenue Bike Lane Update Date: October 24, 2016 Recommended Action: Staff will update Council with findings from analysis regarding parking and improvement of traffic flow on Dodge Avenue. Livability Benefits: Built Environment: Provide compact and complete streets and neighborhoods; Support diverse transportation modes Health & Safety: Enhance resiliency to natural & human hazards Background: On September 12, 2016, staff made a presentation to City Council discussing the implementation of the Dodge Avenue Bike Lane Improvements project. At that time, aldermen expressed concerns about two major issues: • Buses blocking traffic to load and unload passengers • Inadequate visibility for cars pulling onto Dodge Avenue from cross-streets Staff was directed to determine the impact to residents of the loss of additional parking needed to accommodate installation of bus pull-off areas and longer visibility zones at cross streets. Staff conducted a parking survey of Dodge Avenue, Howard to Lake, on the following days and times in September 2016: Day Times Saturday 8am, 4pm Tuesday 8am, 12noon, 4pm, 8pm Thursday 8am, 12noon, 4pm, 8pm Memorandum 9 of 338 Both the east and west side of each block were surveyed. The raw survey data is included as Exhibit A. Parking Impacts of Bus Pull-Off Areas: Staff analyzed the parking study data to see how parking would be impacted if an 85-foot bus pull-off area was added for each bus stop. Each block was reviewed to determine if installation of the bus pull-off areas for the bus stops located in that block would have a significant impact to the parking availability under the maximum parking levels observed during the parking study. Parking on each block was evaluated holistically – northbound and southbound parking and bus stops were not considered separately in this analysis. Parking was considered to be significantly impacted if: 1. Parking spaces filled would be more than 70% of the total available spaces OR 2. If parking spaces used is more than 70%, there would be less than five remaining vacant spaces available in a block. A summary of this analysis is attached as Exhibit B. Based on this analysis, the addition of bus pull-off areas will have relatively little impact on parking in most blocks. In these sections, providing the bus pull-offs will allow space for traffic to drive around buses when they are stopped for loading/unloading of passengers, thus smoothing the flow of traffic. There are several blocks in which bus pull-off areas should not be added, because of parking constraints. However, staff is recommending creating bus pull-off zones in the following locations: • Dobson to Brummel • Brummel to Mulford • Mulford to Kirk • South/Warren to Keeney • Madison to Washington If bus pull-off areas were added in these locations, approximately 11 parking spaces would be lost, but these would be in areas where adequate parking would still be available. Please note that in future, evolving ADA requirements may result in a mandatory 85-foot bus pull-off area with a concrete pad at all locations with a signed bus stop. Staff is working with CTA to determine the final requirements. In this situation, the city will need to revisit whether individual bus stops should remain, and the importance of having so many frequent bus stops versus the loss in on-street parking. Parking Impacts to Increase Visibility at Cross Streets: Staff analyzed the parking study data to see how parking would be impacted if additional spaces were removed to create a visibility zone for 60-feet in each direction from the cross-street. This evaluation was completed assuming that the recommendations for bus pull-off areas were already implemented, because the creation of the bus pull-off area already provides more visibility than creation of the 60-foot visibility zone. 10 of 338 Based on using similar criteria of more than 70% parking occupancy or at least 5 remaining spaces if the occupancy is greater than 70%, staff evaluated if adding visibility zones is feasible. A summary of this analysis is attached as Exhibit C. There were 7 blocks in which visibility zones could be added while still allowing adequate parking, but this would not address concerns at every cross-street. The blocks where they could be added are: • Dobson to Brummel • Brummel to Mulford • South/Warren to Keeney • Keeney to Seward • Madison to Washington • Main to Lee • Dempster to Greenwood If visibility zones were added in these locations, approximately 13 parking spaces would be lost, but these would be in areas where adequate parking would still be available. Locations where additional visibility zones would have a significant impact on parking are not currently being recommended by staff. These intersections will be evaluated on a case-by-case basis going forward. In locations where resident complaints identify specific issues, staff will review the complaints with the alderman of the ward and make a final determination at that time. 11 of 338 EXHIBIT A – PARKING SURVEY DATA – SEPTEMBER 2016 Dodge Avenue Parking Survey (Date: Sept 2016 ) 8AM % 4 PM %8AM %12PM %4PM %8PM %8AM %12PM %4PM %8PM % Howard to Dobson 2 2 4 3 75 4 100 4 100 5 125 3 75 4 100 3 75 4 100 4 100 4 100 Dobson to Brummel 10 10 20 10 50 9 45 3 15 6 30 5 25 10 50 4 20 7 35 3 15 11 55 Brummel to Mulford 14 12 26 13 50 14 53.85 7 26.92 7 26.92 8 30.77 11 42.31 7 26.92 8 30.77 8 30.77 14 53.85 Total 26 24 50 26 52 27 54 14 28 18 36 16 32 25 50 14 28 19 38 15 30 29 58 Mulford to Kirk 15 23 38 10 26.32 6 15.79 6 15.79 2 5.263 10 26.32 5 13.16 5 13.16 6 15.79 11 28.95 12 31.58 Kirk to Oakton 17 12 29 16 55.17 10 34.48 8 27.59 10 34.48 10 34.48 8 27.59 10 34.48 6 20.69 10 34.48 6 20.69 Total 32 35 67 26 38.81 16 23.88 14 20.9 12 17.91 20 29.85 13 19.4 15 38.65 12 17.91 21 54.12 18 26.87 Oakton to South/Warren 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 South/Warren to Keeney 7 9 16 6 37.5 6 37.5 3 18.75 2 12.5 3 18.75 6 37.5 6 37.5 4 25 5 31.25 6 37.5 Keeney to Seward 6 10 16 4 25 2 12.5 2 12.5 2 12.5 3 18.75 3 18.75 5 31.25 4 25 5 31.25 4 25 Seward to Cleveland 8 9 17 10 58.82 9 52.94 5 29.41 4 23.53 9 52.94 11 64.71 5 29.41 5 29.41 9 52.94 12 70.59 Cleveland to Monroe 6 8 14 5 35.71 9 64.29 7 50 4 28.57 3 21.43 11 78.57 7 50 4 28.57 4 28.57 10 71.43 Monroe to Madison 10 7 17 11 64.71 13 76.47 6 35.29 6 35.29 8 47.06 6 35.29 5 29.41 5 29.41 9 52.94 7 41.18 Madison to Washington 10 7 17 4 23.53 3 17.65 4 23.53 2 11.76 4 23.53 3 17.65 1 5.882 2 11.76 3 17.65 5 29.41 Washington to Main 5 15 20 13 65 10 50 5 25 11 55 5 25 8 40 8 40 11 55 9 45 7 35 Total 52 65 117 53 45.3 52 44.44 32 27.35 31 26.5 35 29.91 48 41.03 37 31.62 35 29.91 44 37.61 51 43.59 Main to Lee 15 11 26 4 15.38 3 11.54 1 3.846 1 3.846 1 3.846 2 7.692 1 3.846 1 3.846 1 3.846 1 3.846 Lee to Greenleaf 21 19 40 32 80 36 90 13 32.5 14 35 8 20 18 45 27 67.5 15 37.5 15 37.5 20 50 Total 36 30 66 36 54.55 39 59.09 14 21.21 15 22.73 9 13.64 20 30.3 28 42.42 16 24.24 16 24.24 21 31.82 Greenleaf to Crain 12 0 12 8 66.67 8 66.67 6 50 7 58.33 7 58.33 5 41.67 3 25 5 41.67 9 75 6 50 Crain to Dempster 14 0 14 7 50 7 50 7 50 7 50 7 50 4 28.57 9 64.29 9 64.29 9 64.29 4 28.57 Total 26 0 26 15 57.69 15 57.69 13 50 14 53.85 14 53.85 9 34.62 12 46.15 14 53.85 18 69.23 10 38.46 Dempster to Greenwood 13 10 23 10 43.48 16 69.57 15 65.22 12 52.17 12 52.17 17 73.91 15 65.22 16 69.57 12 52.17 14 60.87 Greenwood to Lake 9 9 18 7 38.89 8 44.44 8 44.44 8 44.44 8 44.44 1 5.556 6 33.33 8 44.44 6 33.33 3 16.67 Total 22 19 41 17 41.46 24 58.54 23 56.1 20 48.78 20 48.78 18 43.9 21 51.22 24 58.54 18 43.9 17 41.46 Total 194 173 367 173 47.14 173 47.14 110 29.97 110 29.97 114 31.06 133 36.24 127 34.6 120 32.7 132 35.97 146 39.78 Saturday Tuesday Thursday Parking Occupancy East West Total Available Spaces 12 of 338 EXHIBIT B – ANALYSIS OF BUS PULL-OFF AREA IMPACTS TO PARKING Existing Parking Parking Space Impact of Bus Stops Parking with Proposed Bus Pull-Off Areas Recommended to Create Bus Pull-Off? Total Spaces Spaces Used Max Occupancy Available Spaces Max Utilization Available Spaces HOWARD TO OAKTON Howard to Dobson 4 5 125% 0 100% 0 Already room for bus Dobson to Brummel 20 11 55% 9 -1 60% 8 Yes Brummel to Mulford 26 14 54% 12 -2 62% 10 Yes Mulford to Kirk 38 12 32% 26 -3 39% 23 Yes Kirk to Oakton 29 16 55% 13 0 55% 13 Already room for bus OAKTON TO MAIN Oakton to South/Warren 0 0 0 Already room for bus South/Warren to Keeney 16 6 38% 10 -2 50% 8 Yes Keeney to Seward 16 5 31% 11 0 31% 11 Already room for bus Seward to Cleveland 17 12 71% 5 -4 94% 1 No Cleveland to Monroe 14 11 79% 3 -2 93% 1 No Monroe to Madison 17 13 76% 4 -4 100% 0 No Madison to Washington 17 5 29% 12 -3 47% 9 Yes Washington to Main 20 13 65% 7 0 65% 7 Already room for bus MAIN TO DEMPSTER Main to Lee 26 4 15% 22 0 15% 22 Already room for bus Lee to Greenleaf 40 36 90% 4 0 90% 4 No Greenleaf to Crain 12 9 75% 3 0 75% 3 Already room for bus Crain to Dempster 14 9 64% 5 0 64% 5 Already room for bus DEMPSTER TO LAKE Dempster to Greenwood 23 17 74% 6 -2 83% 4 No Greenwood to Lake 18 8 44% 10 0 44% 10 No stop 13 of 338 EXHIBIT C – ANALYSIS OF VISIBILITY ZONE IMPACTS TO PARKING Existing Parking Parking with Proposed Visibility Zone Recommended to Create Visibility Zone? Total Spaces Available Spaces Parking Space Impact for Proposed Bus Pull- Offs Parking Space Impact for Visibility Zone Max Occupancy Available Spaces HOWARD TO OAKTON Howard to Dobson 4 0 -2 0 100% -2 No Dobson to Brummel 20 9 -1 -3 75% 5 Yes Brummel to Mulford 26 12 -2 -1 65% 9 Yes Mulford to Kirk 38 26 -3 0 39% 23 Already adequate Kirk to Oakton 29 13 0 0 55% 13 Already adequate OAKTON TO MAIN Oakton to South/Warren 0 0 Already adequate South/Warren to Keeney 16 10 -2 -3 69% 5 Yes Keeney to Seward 16 11 0 -2 44% 9 Yes Seward to Cleveland 17 5 0 -3 88% 2 No Cleveland to Monroe 14 3 0 -2 93% 1 No Monroe to Madison 17 4 0 0 76% 4 Already adequate Madison to Washington 17 12 -3 -1 53% 8 Yes Washington to Main 20 7 0 0 65% 7 Already adequate MAIN TO DEMPSTER Main to Lee 26 22 0 -2 23% 20 Yes Lee to Greenleaf 40 4 0 -2 95% 2 No Greenleaf to Crain 12 3 0 0 75% 3 Already adequate Crain to Dempster 14 5 0 0 64% 5 Already adequate 12:00 AM Dempster to Greenwood 23 6 0 -1 78% 5 Yes Greenwood to Lake 18 10 0 0 44% 10 Already adequate Note: For Parking Space Impacts for Proposed Bus Pull-Offs, only those recommended by staff are included in this table. 14 of 338 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, October 10, 2016 7:50pm Roll Call Alderman Tendam Alderman Revelle Alderman Rainey Alderman Miller Alderman Fiske Alderman Braithwaite Alderman Wynne Alderman Wilson Alderman Holmes Presiding Mayor Elizabeth B. Tisdahl The Regular Meeting of the City Council was called to order at 7:50 pm. Mayor Public Announcements and Proclamations National Community Planning Month National Fire Prevention Week, October 9-15, 2016 Deputy Chief Brian Scott shared some information about Fire Safety and spoke on some initiatives the EFD will perform this week. He also, spoke briefly on the fire at 835 Sherman Avenue, there were no casualties. City Manager Public Announcements – No announcements Communications: City Clerk – No communications Public Comment Junad Rizki – gave his opinions on the pay increase for City Manager Bobkiewicz, spoke on the water increase for property taxpayers in regards to the NU water tank, shared thoughts and opinions about the James Park issues and Robert Crown project, and expressed his thoughts about the COE Budget Workshop. Betty Ester – spoke on the Human Services Committee and the recommendations given by Dr. Logan. She also suggested a community meeting with the Council, EPD, and Human Services Committee. So thoughts can be shared. CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting September 26, 2016. For Action- APPROVED 15 of 338 City Council Agenda October 10, 2016 Page 2 of 6 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – through September 18, 2016 $ 2,867,625.63 (A2) FY2016 City of Evanston Bills – October 11, 2016 $ 4,659,714.20 Credit Card Activity for Period Ending August 31, 2016 $ 197,953.89 For Action - APPROVED (A3.1) Agreement with the Youth Job Center of Evanston for the Building Career Pathways to Sustainable Employment Program 2016 Staff recommends that City Council authorize the City Manager to execute the 2016 agreement with the Youth Job Center of Evanston (1114 Church Street, Evanston, IL 60201) to provide fifteen disconnected and unemployed young adults who are low to moderate income Evanston residents (ages 18-25) with a career pathway plan that leads to educational/work trade certification, employment, supportive services, career counseling, educational support and transportation assistance over 24 months in an amount not to exceed $80,000 for FY 2016. Funding for this agreement is budgeted in Parks, Recreation and Community Services, Youth and Young Adult Engagement Division (Account 100.30.3215.62490). Costs amount to approximately $5,333 per participant. For Action - APPROVED (A3.2) Change Order Number 1 for Howard Street Traffic Signal & Street Resurfacing Project with Capitol Cement Company, Inc. Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the Howard Street Traffic Signal & Street Resurfacing Project (Bid No. 16-32) with Capitol Cement Company, Inc. (6231N Pulaski Road, Chicago, IL) in the amount of $83,262.75. Change Order No. 1 will increase the contract amount from $1,385,153.89 to $1,468,416.64. Funding will be from the Howard-Hartrey TIF Fund (Account 310.99.5500.65515-415430), which has an FY 2016 allocation of $1,600,000 for this project. For Action - APPROVED (A3.3) Change Order Number 1 for Various Parking Lot Improvement Engineering Services with Gewalt-Hamilton Associates, Inc. Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for Various Parking Lot Improvement Engineering with Gewalt-Hamilton Associates, Inc. (625 Forest Edge Drive, Vernon Hills, IL 60061) in the amount of $26,000. This will increase the total contract amount from the original contract price of $144,650 to $170,650. Funding for this work will be from the James Park West Parking Lot Renovations (Account 415.40.4116.65515 – 416525) which has a remaining FY 2016 CIP GO Bond allocation of $149,000. For Action - APPROVED 16 of 338 City Council Agenda October 10, 2016 Page 3 of 6 (A3.4) Contract for Topographic Surveying Engineering Services with Hampton, Lenzini and Renwick, Inc. Staff recommends that City Council authorize the City Manager to execute a contract for Topographic Surveying Engineering Services (RFP No. 16-68) with Hampton, Lenzini and Renwick, Inc. (380 Shepard Drive, Elgin, IL 60123) in the amount of $39,182.68. This project involves the topographic survey and base drawing preparation of street segments programmed for water main improvements and of Chicago Avenue to support future roadway improvement. Funding will be provided from the Water Fund (Account 513.71.7330.65515–416503) in the amount of $20,386.68 and from the CIP 2016 GO Bond Fund (Account 415.40.4116.65515-416515) in the amount of $18,796.00. For Action- APPROVED (A3.5) Contract for the 2016 CIPP Sewer Rehabilitation Contract B with Visu- Sewer of Illinois, LLC Staff recommends that City Council authorize the City Manager execute a contract for the 2016 CIPP Sewer Rehabilitation Contract B (Bid No. 16-66) with Visu-Sewer of Illinois, LLC (9014 S. Thomas Avenue, Bridgeview, IL) in the amount of $127,674.25. This contract includes rehabilitation of 2,577 feet of combined sewer main ranging in size from 8-inch diameter to 18- inch diameter at 15 different sites. Funding for this project includes $99,791 from the Sewer Fund (Account 515.40.4535.62461 - 716007), which has a remaining FY 2016 budget of $332,000. The remaining funding in the amount of $27,883 will be funded by the Howard-Hartrey TIF (Account 310.99.5500.65515 - 716007). For Action – APPROVED Motion set by Alderman Rainey to have the $27,883 removed. The motion was 2nd by Alderman Braithwaite and passed with a vote of 9-0. (A3.6) Three-Year Contract for Office Furniture Supply with Forward Space Staff recommends the City Council authorize the City Manager execute a three-year contract for Office Furniture Supply (RFP 16-65) with Forward Space (1142 N. North Branch Street, Chicago, Illinois). Each year of the contract will have a not-to-exceed cost of $70,000. Funding is provided by individual departments through various annual operations budgets. For Action - APPROVED (A3.7) Single Audit for Fiscal Year 2015 Staff recommends City Council review and place on file the Single Audit report for the fiscal year ending December 31, 2015. Single Audit is the audit of Federal Grants money received/spent by the City of Evanston. For Action: Accept and Place on File - APPROVED 17 of 338 City Council Agenda October 10, 2016 Page 4 of 6 (A3.8) January 1, 2016 Police and Firefighter Pension Actuarial Report The Police Pension Board, Firefighter Pension Board and Treasurer recommend that City Council review and approve the January 1, 2016 Actuarial Valuation for usage in the 2016 Tax Levy (receivable in 2017) for Police and Firefighter Pension funding purposes. City Staff and the Police and Firefighter Pension Boards recommend the Annual Actuarial Required Contribution in the amount of $8,148,709 for the Firefighters’ Pension Fund and $10,237,200 for the Police Pension Fund. As a part of the 2016 Proposed Budget, Staff is recommending an increase to the total City tax levy of $800,000 or 2.1%, which will be used to fund the increase in pension costs outlined from the January 1, 2015 Actuarial Report. The funding of this study is being split three ways for 2016. The Police Pension and Firefighters Pension will each pay $6,000 and the General Fund will pay $6,000 for this report at a total cost of $18,000. For Action - APPROVED (A4) Resolution 63-R-16, Lease Agreements with United States Postal Service for Parking in City Parking Garage, 1800 Maple Avenue, and City Parking Lot 25, 1612-1616 Maple Avenue Staff recommends that the City Council adopt Resolution 63-R-16 authorizing the City Manager to enter into a lease renewal with the US Postal Service (USPS) Facilities Real Estate Division (7029 Albert Pick Road, Greensboro, N.C., 27498-1103) for the parking of Postal Service Vehicles in Lot 25, 1612-1616 Maple Avenue and the Maple Avenue Self Park, 1800 Maple Avenue. Projected total revenue for the period from 11/1/2016 – 10/31/2018 is $155,040. Staff requests continuance of adoption of Resolution 63-R-16 to the City Council meeting of October 24, 2016. For Action – Held until October 24, 2016 CCMeeting (A5) Resolution 66-R-16, Authorizing the Mayor to Enter into an Amended and Restated Employment Agreement for City Manager Wally Bobkiewicz Mayor recommends that the City Council adopt Resolution 66-R-16, entering into an amended and restated Employment Agreement for City Manager Wally Bobkiewicz. City Council met in Executive Session on September 19, 2016 to complete the annual review of the City Manager. In recognition of the City Manager’s service, the City Council requested the Mayor work with the City Manager and Corporation Counsel to draft an amended contract for Mr. Bobkiewicz to reflect the following changes: 1) A general salary increase of 2% retroactive to January 1, 2016; and 2) A reduction of the City Manager’s $190,000 home loan from the City of Evanston to $180,000. For Action – off consent agenda. PASSED WITH A VOTE OF 8-2 (Mayor Tisdahl casted a vote) 18 of 338 City Council Agenda October 10, 2016 Page 5 of 6 (A6) Ordinance 120-O-16, Authorizing the Sale of a Surplus Fleet Vehicles/Equipment Owned by the City of Evanston Staff recommends that City Council adopt Ordinance 120-O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, November 8, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. For Introduction - APPROVED (A7) Ordinance 127-O-16, Dissolving Howard Hartrey Tax Increment Finance District Staff recommends City Council adopt Ordinance 127-O-16 dissolving the Howard Hartrey Tax Increment Finance (TIF) District effective December 31, 2016. As a part of this closure the City is required to officially notify all taxing districts regarding the dissolution and any distribution thereof from remaining funds in the TIF. For Introduction - APPROVED APPOINTMENTS (APP1)For Appointment to: Arts Council Beth Adler Mental Health Board Rebecca Feiler Mental Health Board Jessica Sales Environment Board from Ladd Arboretum Committee Tom Klitzkie Environment Board from Ladd Arboretum Committee Wendy Pollack For Action - APPROVED CALL OF THE WARDS WARD 6: ALDERMAN TENDAM ANNOUNCED NEXT WARD MTG : OCTOBER 20TH AT 7PM WARD 7: ALDERMAN REVELLE ANNOUNCED NEXT WARD MTG : OCTOBER 25TH AT 7PM WARD 8: ALDERMAN RAINEY SPOKE BRIEFLY ABOUT THE SOCCER PITCH NEEDING A HOME IN SOUTH EVANSTON. 19 of 338 City Council Agenda October 10, 2016 Page 6 of 6 WARD 9: ALDERMAN MILLER HAD NO REPORT. WARD 1: ALDERMAN FISKE ANNOUNCED NEXT WARD MTG: OCTOBER 18TH IN PARASOL ROOM WARD 2: ALDERMAN BRAITHWAITE ANNOUNCED NEXT WARD MTG: OCTOBER 13TH AT THE D65 BLDG WARD 3: ALDERMAN WYNNE HAD NO REPRT WARD 4: ALDERMAN WILSON HAD NO REPORT WARD 5: ALDERMAN HOLMES ANNOUNCED NEXT WARD MTG : OCTOBER 20TH AT FLEETWOOD- JOURDAIN The meeting adjourned at 8:20pm with a Voice vote. Submitted by, Akasha S. Terrier Akasha S. Terrier Deputy City Clerk 20 of 338 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, October 17, 2016 7:00 p.m. Roll Call: Alderman Revelle Alderman Wilson Alderman Rainey Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Alderman Wynne Presiding: Mayor Elizabeth The Regular Meeting of the City Council was called to order at 7:06Cilento PM. Mayor Public Announcements The Mayor stated she had no announcements or proclamations. City Manager Public Announcements City Manager Bobkiewicz called Mr. Lyons, Assy. City Manager, Treasurer, Finance Director to present the proposed Budget for 2017, and to speak of the award the City received for the proposed budget. Mr. Lyons announced the City’s finance department had once again received the “Government Finance Officers Association Award for Distinguished Budget”. He thanked Alex Thorpe, Ashley King and the rest of the Budget Team who assisted in preparing the contents of the budget report. Communications: City Clerk The Clerk announced the early voting will begin on Monday morning at 9 AM in room 300 on the ground floor. He also mentioned to the candidates to secure a D5 form from the Clerk’s Office or online website for the Illinois Board of Elections (to be mailed to their office). Citizen Comment Michael Tannen, President of the Evanston Public Library Trustees. He thanked the Council for the libraries support and rebirth of the libraries, and he also thanked Alderman Holmes for her watchful eye over the libraries rebirth. These speakers spoke concerning the Sheridan Road Improvement Plan: Christina Cilento, Student Body President at Northwestern University. They made a 21 of 338 City Council Agenda October 17, 2016 Page 2 of 2 resolution to form a task force team to suggest best use of Sheridan’s traffic issues. She also stated the students will cross Sheridan Road at any point they choose. Benjamin Powell a member of the Student Board urged the Council to consider this area as a public use and to reroute trucks to other streets in Evanston. SPECIAL ORDERS OF BUSINESS (SP1) Sheridan Road Improvement Staff recommends that City Council review the information provided by staff for the Sheridan Road Improvement Project and provide direction. For Action After the presentation of the proposed project from various department heads, the Council voted 9-0 to accept this report and to also reduce the speed limit to 25 mph. (SP2) FY2016 Proposed Budget Presentation Staff will provide a presentation regarding the FY2017 Proposed Budget. No formal action will be taken regarding the FY2017 Budget. Budget documents are available here: http://www.cityofevanston.org/city-budget/. For Action There was no motion made or second to accept the SP2 Special Order of Business presentation. The Mayor stated there were no lights and so she then asked for a motion to adjourn the meeting, and Alderman Braithwaite motioned to adjourn with a 2nd from Alderman Wilson. A Voice Vote was taken and there were no nay votes and the Regular Meeting of the City Council adjourned at 9:50 PM. Submitted by, Rodney Greene, MMC City Clerk 22 of 338 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, October 24, 2016 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 BRAITHWAITE, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF OCTOBER 10, 2016 III. ITEMS FOR CONSIDERATION ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – through October 3, 2016 $ 2,779,982.54 (A2) FY2016 City of Evanston Bills – October 25, 2016 $ 3,400,759.33 For Action (A3.1) Parking Enforcement Vehicle Purchase from Currie Motors Staff recommends City Council approval for the following vehicle replacement purchases for the Administrative Services Department (Parking Enforcement). This purchase consists of one (1) replacement vehicle from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $20,224. The vehicle purchased will replace Parking Enforcement division vehicle #110 that was totaled on September 17, 2016. Funding for one (1) vehicle will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $20,224. Insurance claims have been filed for the replacement cost with USAA Insurance group, holder of striking vehicle policy. Payment for the new vehicle will be forthcoming with an approximate totaled value of $20,091.50. For Action 23 of 338 (A3.2) Purchase of Cisco Hardware and Software from Heartland Business Systems and Rental of Equipment from CentricsIT Staff recommends City Council authorize the purchase of Cisco networking equipment and software from Heartland Business Systems (1700 Stephen Street, Little Chute, WI ) in the amount of $40,887.60 and the rental of networking hardware from CentricsIT (3140 Northwoods Parkway, Norcross, GA) in the amount of $5,500 to complete the core networking replacement project. Total cost of this project is $46,387.60. Funding is provided through Capital Improvement Fund 4150.65515. The 2016 Budget included a $500,000 transfer to the Capital Improvement Fund. Although this transfer was allocated to the FY2016 Capital Improvement Plan, not all projects will be completed by year end. Staff will adjust the 2016 and 2017 Capital Improvement Fund to pay for this expense. For Action (A3.3) Change Order #1 to the Contract with Ross Barney Architects for Design and Architecture Services for the Proposed Howard Street Theatre Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for Design and Architecture Services for the Proposed Howard Street Theatre with Ross Barney Architects, (10 W Hubbard St. Chicago, IL) in the amount of $12,505. This will increase the total contract amount from the original contract price of $40,000 to $52,505. Funding for this work will be from the Howard Ridge TIF District which has $1,000,000 budgeted in the Amended 2016 Budget for this project. For Action (A3.4) Phase III Construction Engineering Services Contract with Christopher B. Burke Engineering, Ltd. For Sheridan Road – Chicago Avenue Project Staff recommends that City Council authorize the City Manager to execute a contract with Christopher B. Burke Engineering, Ltd. (9575 W. Higgins Road, Suite 600, Rosemont, Illinois 60018) in the not-to-exceed amount of $980,000 to provide the Phase III construction engineering services for Sheridan Road – Chicago Avenue Project. Funding for this project is as follows: $500,000 from the CIP Fund (2017 GO Bond) – Account 415.40.4150.65515-416450; $280,000 from the CIP Fund (2018 GO Bond) – Account 415.40.4150.65515-416450; and $200,000 from the Water Fund (2018) – Account 513.40.7330.65515-416450. For Action 24 of 338 (A4) Resolution 68-R-16, Local Public Agency Agreement for Federal Participation with IDOT to Fund the Sheridan Road – Chicago Avenue Project Staff recommends adoption of Resolution 68-R-16 authorizing the City Manager to negotiate and execute the Illinois Department of Transportation (IDOT) Local Public Agency Agreement for Federal Participation required for the Sheridan Road - Chicago Avenue Project. Execution of the Agreement will allow Evanston to receive $1,992,400 in Illinois Transportation Enhancement Grant (ITEP) funding, $1,700,000 in Illinois Jurisdiction Transfer Funds and obligate Evanston to pay IDOT the local share cost of this project totaling $9,492,514 ($8,512,514 for construction and $980,000 for engineering) by the completion of the project. The total proposed funding for this project totals $13,627,400, which is $442,486 over the estimated cost of the project. The various funding sources being used for this project can be found on the corresponding transmittal memorandum. For Action (A5) Resolution 63-R-16, Lease Agreements with United States Postal Service for Parking in City Parking Garage, 1800 Maple Avenue Staff recommends that the City Council adopt Resolution 63-R-16, authorizing the City Manager to enter into a lease renewal with the United States Postal Service (USPS) Facilities Real Estate Division (7029 Albert Pick Road, Greensboro, N.C., 27498-1103) for the parking of Postal Service Vehicles in the Maple Avenue Self Park, 1800 Maple Avenue. Projected total revenue for the period from 11/1/2016 – 10/31/2018 is $121,440. For Action (A6) Resolution 67-R-16 - Approving Settlement in Rattray v. City, et al. Staff recommends City Council adoption of Resolution 67-R-16 authorizing the City execute a settlement agreement in Sean Rattray v. City of Evanston, et al. (Case No. 14-cv-08735). The funding source for the settlement will be from the Insurance Fund (Settlement Costs – Liability). For Action (A7) Ordinance 110-O-16, Amending Sections of the Evanston City Code Related to Removing Requirements for Certain Businesses Staff recommends City Council adoption of Ordinance 110-O-16, amending sections of the City Code related to removing requirements for certain businesses. Functions related to motor vehicle repair shops and price stating for retail establishments are no longer performed by the City of Evanston. Therefore, they are no longer regulated by the City. This Ordinance removes related portions of the City Code to accurately reflect the City’s current business regulation practices. For Introduction 25 of 338 (A8) Ordinance 125-O-16, Amend City Code Section 7-2-5 Regulating Personal Wireless Telecommunication Facilities in the Public Right-of-Way Staff recommends City Council adopt Ordinance 125-O-16, regulating personal wireless telecommunications facilities. While the City currently has a general right-of-way permit application, the City should adopt a supplemental permit application specific to small cell towers delineating the City’s requirements, as well as to address issues and minimize the risk of litigation specific to small cell towers. Furthermore, implementing Ordinance 125-O-16 will ensure that the City treats all providers equally as required under state and federal law. For Introduction (A9) Ordinance 140-O-16, Amending Title 10, Chapter 11 “Traffic Schedules” of the City Code, Removing Parking Meters in Various Locations Throughout the City of Evanston The Transportation/Parking Committee and staff recommend City Council adoption of Ordinance 140-O-16, reallocating or removing parking meters in designated areas of the City. During the past couple years, staff has assessed parking meter usage throughout the City and determined that there are some areas in which parking meters are underutilized when compared to the expenses related to the installation and ongoing maintenance of the equipment. City staff recommends that the following conversions be adopted with respect to meter location removal or reallocation. For Introduction (A10) Ordinance 130-O-16, Amending City Code Title 10-11-1, Schedule 1, Reducing the Speed Limit on Sheridan Road from 30 MPH to 25 MPH Staff recommends City Council adopt Ordinance 130-O-16, reducing the speed limit on Sheridan Road from 30 MPH to 25 MPH. The Sheridan Road route through Evanston requires motorist to travel not only on Sheridan Road, but also on Main Street, Forest Avenue, Burnham Place and Forest Place. In order to have the speed limit reduced to 25 MPH through the entire route, the proposed ordinance reduces the speed limit on Burnham Place and as well as Sheridan Road. The other sections of roadway along the Sheridan Road route already have a 25 MPH speed limit. For Introduction (A11) Ordinance 129-O-16, Decreasing the Number of Class D Liquor Licenses for Red Robin Express Staff recommends City Council adoption of Ordinance 129-O-16, decreasing the number of Class D Liquor Licenses for Red Robin Express, LLC d/b/a Red Robin Burger Works at 1700 Maple Avenue. Staff recommends suspension of the rules for Introduction and Action at the October 24, 2016 City Council meeting. For Introduction and Action 26 of 338 (A12) Ordinance 131-O-16, Increasing the Number of Class D Liquor Licenses for Asian Cajun Too Local Liquor Commissioner recommends City Council adoption of Ordinance 131-O-16, amending City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-four (54) to fifty-five (55) and permit issuance of a Class D license to Asian Cajun Too Corporation d/b/a Asian Cajun Too located at 1322 Chicago Avenue. For Introduction (A13) Approval of Ordinance 132-O-16, Increasing the Number of Class T Liquor Licenses for The Caterist Local Liquor Commissioner recommends City Council adoption of Ordinance 132-O-16, amending City Code Subsection 3-4-6-(T) to increase the number of authorized Class T liquor licenses from two (2) to three (3) and permit issuance of a Class T license to Rent A Chef, Inc. d/b/a The Caterist located at 940 Pitner Avenue, Suite 5. For Introduction (A14) Ordinance 133-O-16, Increasing the Number of Class P-4 Liquor Licenses for North Shore Cider Local Liquor Commissioner recommends City Council adoption of Ordinance 133-O-16 amending City Code Subsection 3-4-6-(P-4) to increase the number of authorized Class P-4 liquor licenses from zero (0) to one (1) and permit issuance of a Class P-4 license to North Shore Cider Company, LLC d/b/a North Shore Cider located at 707 Howard Street. For Introduction (A15) Ordinance 134-O-16, Increasing the Number of Class U Liquor Licenses for Studio 5 Local Liquor Commissioner recommends City Council adoption of Ordinance 134-O-16 amending City Code Subsection 3-4-6-(U) to increase the number of authorized Class U liquor licenses from zero (0) to one (1) and permit issuance of a Class U license to Dance Center Evanston, Inc. d/b/a Studio 5 located at 1934 Dempster Street. Alderman Braithwaite recommends suspension of the rules for Introduction and Action at the October 24, 2016 City Council meeting. For Introduction and Action (A16) Ordinance 135-O-16, Increasing the Number of Class D Liquor Licenses for Sam’s Chicken & Ribs, Local Liquor Commissioner recommends City Council adoption of Ordinance 135-O-16 amending City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-five (55) to fifty-six (56) and permit issuance of a Class D license to TMC Foods, Inc. d/b/a Sam’s Chicken & Ribs located at 1639 Orrington Avenue. For Introduction 27 of 338 (A17) Ordinance 136-O-16, Increasing the Number of Class P-3 Liquor Licenses for Meta Wine Local Liquor Commissioner recommends City Council adoption of Ordinance 136-O-16 amending City Code Subsection 3-4-6-(P-3) to increase the number of authorized Class P-3 liquor licenses from zero (0) to one (1) and permit issuance of a Class P-3 license to VSWC, LLC d/b/a Meta Wine located at 600 Main Street. For Introduction (A18) Ordinance 137-O-16, Amending City Code Section 3-4-6 By Creating the New Class W Liquor License Local Liquor Commissioner recommends to City Council for adoption Ordinance 137-O-16, amending City Code Subsection 3-4-6 by creating a new Class W Liquor License. The City of Evanston currently does not have an annual liquor license tailored to commercial indoor recreation facilities allowing the sale of beer and wine for on-site consumption. Bill Kindra and Randall Mayne, representatives for Quad Indoor Sports, approached the City of Evanston’s Liquor Control Review Board requesting the addition of a new annual liquor license for commercial indoor recreation facilities. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 28 of 338 Page 1; Rev. 10/20/2016 3:13:54 PM Administration and Public Works Committee Meeting Minutes of October 10, 2016 James C. Lytle Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: P. Braithwaite, B. Miller, A. Rainey, M. Wynne, D. Holmes STAFF PRESENT: G. Farrar, E. Storlie, D. Stoneback, M. Lyons, P. D’Agostino, T. Nunez, L. Biggs, J. Maiworm, R. Dahal, S. Flax, S. Levine, DC Parrott, R. Voss, A. Thorpe STAFF ABSENT: W. Bobkiewicz, M. Muenzer, K. Knapp, D. King, K. Jensen, E. Sanchez, G. Gerdes, L. Hemingway, S. Ciolek, DC Pickett, E. Thomas-Smith, K. Danczak-Lyons, B. Dorneker, A. King, M. Masoncup, S. Nagar, K. Richardson, Chief Eddington PRESIDING OFFICIAL: Ald. Braithwaite I. DECLARATION OF A QUORUM: ALDERMAN BRAITHWAITE, CHAIR A quorum being present, Ald. Braithwaite called the meeting to order at 6:07 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 26, 2016 Ald. Rainey moved to accept the Minutes of September 26, 2016 A&PW meeting as submitted, seconded by Ald. Miller. The Minutes of the September 26, 2016 A&PW meeting were approved unanimously 5-0. III. ITEMS FOR CONSIDERATION (A1) Payroll – through September 18, 2016 $ 2,867,625.63 (A2) FY2016 City of Evanston Bills – October 11, 2016 $ 4,659,714.20 Credit Card Activity for Period Ending August 31, 2016 $ 197,953.89 For Action Ald. Miller moved to recommend approval of the City of Evanston Payroll through September 4, 2016 and FY 2016 bills through September 27, 2016, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the payroll and bills. (A3.1) Agreement with the Youth Job Center of Evanston for the Building Career Pathways to Sustainable Employment Program 2016 Staff recommends that City Council authorize the City Manager to execute the 2016 agreement with the Youth Job Center of Evanston (1114 Church Street, Evanston, IL 60201) to provide fifteen disconnected and unemployed young DRAFT - NOT APPROVED 29 of 338 Page 2; Rev. 10/20/2016 3:13:54 PM adults who are low to moderate income Evanston residents (ages 18-25) with a career pathway plan that leads to educational/work trade certification, employment, supportive services, career counseling, educational support and transportation assistance over 24 months in an amount not to exceed $80,000 for FY 2016. Funding for this agreement is budgeted in Parks, Recreation and Community Services, Youth and Young Adult Engagement Division (Account 100.30.3215.62490). Costs amount to approximately $5,333 per participant. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to execute the 2016 agreement with the Youth Job Center of Evanston to provide fifteen disconnected and unemployed young adults who are low to moderate income Evanston residents (ages 18-25) with a career pathway plan that leads to educational/work trade certification, employment, supportive services, career counseling, educational support and transportation assistance over 24 months in an amount not to exceed $80,000 for FY 2016, seconded by Ald. Wynne. PUBLIC COMMENT Carl Bova suggested expanding this program to include apprenticeships and unionized labor by using funding from the Affordable Housing Fund. There is a direct correlation between jobs and the ability to afford housing in Evanston. The Committee voted unanimously 5-0 to approve the agreement. (A3.2) Change Order Number 1 for Howard Street Traffic Signal & Street Resurfacing Project with Capitol Cement Company, Inc. Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the Howard Street Traffic Signal & Street Resurfacing Project (Bid No. 16-32) with Capitol Cement Company, Inc. (6231N Pulaski Road, Chicago, IL) in the amount of $83,262.75. Change Order No. 1 will increase the contract amount from $1,385,153.89 to $1,468,416.64. Funding will be from the Howard-Hartrey TIF Fund (Account 310.99.5500.65515-415430), which has an FY 2016 allocation of $1,600,000 for this project. For Action Ald. Holmes moved to recommend that City Council authorize the City Manager to execute Change Order No. 1 to the contract for the Howard Street Traffic Signal & Street Resurfacing Project (Bid No. 16-32) with Capitol Cement Company, Inc. in the amount of $83,262.75 increasing the contract amount from $1,385,153.89 to $1,468,416.64, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the change order. (A3.3) Change Order Number 1 for Various Parking Lot Improvement Engineering Services with Gewalt-Hamilton Associates, Inc. Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for Various Parking Lot Improvement Engineering with Gewalt-Hamilton Associates, Inc. (625 Forest Edge Drive, 30 of 338 Page 3; Rev. 10/20/2016 3:13:54 PM Vernon Hills, IL 60061) in the amount of $26,000. This will increase the total contract amount from the original contract price of $144,650 to $170,650. Funding for this work will be from the James Park West Parking Lot Renovations (Account 415.40.4116.65515 – 416525) which has a remaining FY 2016 CIP GO Bond allocation of $149,000. For Action Ald. Wynne moved to recommend that City Council authorize the City Manager to execute Change Order No. 1 to the contract for Various Parking Lot Improvement Engineering with Gewalt-Hamilton Associates, Inc. in the amount of $26,000 increasing the total contract amount from the original contract price of $144,650 to $170,650, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to approve the change order. (A3.4) Contract for Topographic Surveying Engineering Services with Hampton, Lenzini and Renwick, Inc. Staff recommends that City Council authorize the City Manager to execute a contract for Topographic Surveying Engineering Services (RFP No. 16-68) with Hampton, Lenzini and Renwick, Inc. (380 Shepard Drive, Elgin, IL 60123) in the amount of $39,182.68. This project involves the topographic survey and base drawing preparation of street segments programmed for water main improvements and of Chicago Avenue to support future roadway improvement. Funding will be provided from the Water Fund (Account 513.71.7330.65515– 416503) in the amount of $20,386.68 and from the CIP 2016 GO Bond Fund (Account 415.40.4116.65515-416515) in the amount of $18,796.00. For Action Ald. Miller moved to recommend City Council authorize the City Manager to execute a contract for Topographic Surveying Engineering Services (RFP No. 16-68) with Hampton, Lenzini and Renwick, Inc. in the amount of $39,182.68, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the change order. (A3.5) Contract for the 2016 CIPP Sewer Rehabilitation Contract B with Visu- Sewer of Illinois, LLC Staff recommends that City Council authorize the City Manager execute a contract for the 2016 CIPP Sewer Rehabilitation Contract B (Bid No. 16-66) with Visu-Sewer of Illinois, LLC (9014 S. Thomas Avenue, Bridgeview, IL) in the amount of $127,674.25. This contract includes rehabilitation of 2,577 feet of combined sewer main ranging in size from 8-inch diameter to 18-inch diameter at 15 different sites. Funding for this project includes $99,791 from the Sewer Fund (Account 515.40.4535.62461 - 716007), which has a remaining FY 2016 budget of $332,000. The remaining funding in the amount of $27,883 will be funded by the Howard-Hartrey TIF (Account 310.99.5500.65515 - 716007). For Action Ald. Rainey moved to recommend City Council authorize the City Manager execute a contract for the 2016 CIPP Sewer Rehabilitation Contract B (Bid No. 16-66) with Visu-Sewer of Illinois, LLC in the amount of $127,674.25, 31 of 338 Page 4; Rev. 10/20/2016 3:13:54 PM seconded by Ald. Holmes Ald. Rainey noted coal tar issues in the Howard Hartrey TIF district and asked to remove the TIF funding of approximately $27,000 to address those issues. Assistant City Manager Lyons explained that the Howard Hartrey TIF will close December 31, 2016 and funds cannot be held past that date. He offered to utilize surplus TIF distribution funds for that purpose as an alternative. Staff is comfortable moving forward with the project and finding a different source of funding. Public Works Agency Director Dave Stoneback recommended eliminating the alternate bid that the TIF funds were allocated to. City Manager Wally Bobkiewicz suggested amending the item and allowing staff to find alternate funding before it is presented on the consent agenda at full Council this evening. The Committee voted 4-1, with Ald. Miller voting no to approve the amended contract. (A3.6) Three-Year Contract for Office Furniture Supply with Forward Space Staff recommends the City Council authorize the City Manager to execute a three-year contract for Office Furniture Supply (RFP 16-65) with Forward Space (1142 N. North Branch Street, Chicago, Illinois). Each year of the contract will have a not-to-exceed cost of $70,000. Funding is provided by individual departments through various annual operations budgets. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute a three-year contract for Office Furniture Supply (RFP 16-65) with Forward Space with a not-to-exceed cost of $70,000 each year, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the contract. (A3.7) Single Audit for Fiscal Year 2015 Staff recommends City Council review and place on file the Single Audit report for the fiscal year ending December 31, 2015. Single Audit is the audit of Federal Grants money received/spent by the City of Evanston. For Action: Accept and Place on File Ald. Wynne moved to recommend City Council review and place on file the Single Audit report for the fiscal year ending December 31, 2015, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to approve the report and place on file. (A3.8) January 1, 2016 Police and Firefighter Pension Actuarial Report The Police Pension Board, Firefighter Pension Board and Treasurer recommend that City Council review and approve the January 1, 2016 Actuarial Valuation for usage in the 2016 Tax Levy (receivable in 2017) for Police and Firefighter 32 of 338 Page 5; Rev. 10/20/2016 3:13:54 PM Pension funding purposes. City Staff and the Police and Firefighter Pension Boards recommend the Annual Actuarial Required Contribution in the amount of $8,148,709 for the Firefighters’ Pension Fund and $10,237,200 for the Police Pension Fund. As a part of the 2016 Proposed Budget, Staff is recommending an increase to the total City tax levy of $800,000 or 2.1%, which will be used to fund the increase in pension costs outlined from the January 1, 2015 Actuarial Report. The funding of this study is being split three ways for 2016. The Police Pension and Firefighters Pension will each pay $6,000 and the General Fund will pay $6,000 for this report at a total cost of $18,000. For Action Ald. Rainey moved to recommend that City Council review and approve the January 1, 2016 Actuarial Valuation for usage in the 2016 Tax Levy (receivable in 2017) for Police and Firefighter Pension funding purposes, seconded by Ald. Miller. Ald. Rainey noted on Page 111 of the packet that the closing of the Howard Ridge TIF is referenced in error instead of Howard Hartrey. Jason Franken, Actuary at Foster and Foster, highlighted the three major issues in this year’s report. • Plan Performance – a) Average salaries for both plans were below the assumed rate of increase; b) Investment Rate of Return for both plans was below the assumed rate of 6.5%, but this was also the case for nearly all pension plans nationwide. • Assumption Changes – Mortality Table Changes for healthy lives and disabled lives. • Assumed Interest Rate –The Actuary included the option of reducing the interest rate from 6.5% to 6.25% based on long-term trends/interest rate projections. Reducing an assumed rate of return has the impact of reducing future expected earnings and therefore increases the contribution required by the City. Police Pension Board President Tim Schoolmaster discussed the different rate of returns among similar pension plans and believes Evanston is doing well. Fire Pension Board President Deron Daugherty explained that the pension issue is a 30-35 year problem what will take the same amount of time to fix. He praised the partnership between the two pension boards and City staff as well as Council for the ability to sit down and discuss solutions. PUBLIC COMMENT Jim Young, 2607 Colfax Street, served on Mayor Morton’s Police and Fire Pension Committee in 2008. He believes the pension situation is worsening. The total unfunded liability for both funds is approximately $185 million, which was $146 million in 2008. He noted what he believed to be an error in last year’s actuarial report regarding the mortality tables. He also believes the expected rate of return is too high. Assistant City Manager Lyons explained that we are not using assumptions that 33 of 338 Page 6; Rev. 10/20/2016 3:13:54 PM the Blue Ribbon panels suggested. We are reducing our assumptions to making them stronger. He committed that staff, the actuaries and the pension boards will look at the modeling to address concerns reduce our total 30 year cost in the next 90 days. At Ald. Miller’s inquiry, Actuary Jason Franken confirmed that reducing the rate of return by 25 basis points adds to approximately $1 million in required funding payment. The Committee voted unanimously 5-0 to approve the contract. (A4) Resolution 63-R-16, Lease Agreements with United States Postal Service for Parking in City Parking Garage, 1800 Maple Avenue, and City Parking Lot 25, 1612-1616 Maple Avenue Staff recommends that the City Council adopt Resolution 63-R-16 authorizing the City Manager to enter into a lease renewal with the US Postal Service (USPS) Facilities Real Estate Division (7029 Albert Pick Road, Greensboro, N.C., 27498- 1103) for the parking of Postal Service Vehicles in Lot 25, 1612-1616 Maple Avenue and the Maple Avenue Self Park, 1800 Maple Avenue. Projected total revenue for the period from 11/1/2016 – 10/31/2018 is $155,040. Staff requests continuance of adoption of Resolution 63-R-16 to the City Council meeting of October 24, 2016. For Action This item was held in Committee. (A5) Resolution 66-R-16, Authorizing the Mayor to Enter into an Amended and Restated Employment Agreement for City Manager Wally Bobkiewicz Mayor recommends that the City Council adopt Resolution 66-R-16, entering into an amended and restated Employment Agreement for City Manager Wally Bobkiewicz. City Council met in Executive Session on September 19, 2016 to complete the annual review of the City Manager. In recognition of the City Manager’s service, the City Council requested the Mayor work with the City Manager and Corporation Counsel to draft an amended contract for Mr. Bobkiewicz to reflect the following changes: 1) A general salary increase of 2% retroactive to January 1, 2016; and 2) A reduction of the City Manager’s $190,000 home loan from the City of Evanston to $180,000. For Action Ald. Rainey moved to recommend City Council adopt Resolution 66-R-16, entering into an amended and restated Employment Agreement for City Manager Wally Bobkiewicz to reflect the following changes: 1) A general salary increase of 2% retroactive to January 1, 2016; and 2) A reduction of the City Manager’s $190,000 home loan from the City of Evanston to $180,000, seconded by Ald. Wynne. PUBLIC COMMENT Junad Rizki stated that the City Manager’s salary increase looks to be about 6- 7% with the $10,000 housing forgiveness. He has questions regarding an Equity Coordinator position and the Robert Crown fundraising project. There is also 34 of 338 Page 7; Rev. 10/20/2016 3:13:54 PM concern about James Park litigation and dilapidated street lights throughout the City. Betty Sue Ester has concerns about the raise and the housing allowance given his current salary. She also raised concerns about the cost of the City hiring consultants for capital projects. She asked the Committee not to support this resolution. Ald. Miller was not in favor of the $10,000 housing loan forgiveness given the current business straits. The Committee voted 3-2 with Alds. Braithwaite and Miller voting no to adopt the resolution. (A6) Ordinance 120-O-16, Authorizing the Sale of a Surplus Fleet Vehicles/Equipment Owned by the City of Evanston Staff recommends that City Council adopt Ordinance 120-O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, November 8, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. For Introduction Ald. Holmes moved to recommend that City Council adopt Ordinance 120- O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, November 8, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to adopt the ordinance. (A7) Ordinance 127-O-16, Dissolving Howard Hartrey Tax Increment Finance District Staff recommends City Council adopt Ordinance 127-O-16 dissolving the Howard Hartrey Tax Increment Finance (TIF) District effective December 31, 2016. As a part of this closure the City is required to officially notify all taxing districts regarding the dissolution and any distribution thereof from remaining funds in the TIF. For Introduction Ald. Wynne moved to recommend City Council adopt Ordinance 127-O-16 dissolving the Howard Hartrey Tax Increment Finance (TIF) District effective December 31, 2016, seconded by Ald. Holmes. Ald. Rainey noted at the beginning of the TIF the valuation was $8.4 million and at its close it is over $20.5 million. 35 of 338 Page 8; Rev. 10/20/2016 3:13:54 PM The Committee voted unanimously 5-0 to adopt the ordinance. IV. ITEMS FOR DISCUSSION APW1 Small Cell Tower City Regulations Staff will provide an overview of the installation of small cell towers on poles within public right-of-ways, due to a nationwide increase in applications. Additionally, City staff will provide a general synopsis of potential improvements to the City’s current applicable regulations. For Discussion Corporation Counsel Grant Farrar has received requests to install small cell tower infrastructures on utility poles. Staff is drafting an ordinance to address the requests for introduction to delineate the permitting process at the next City Council meeting. APW2 Pedestrian Crossing at Dempster Street & Ashland Avenue Staff will discuss residents’ request for a pedestrian crossing at Dempster Street and Ashland Avenue and the proposed method to obtain permission from the Illinois Department of Transportation to install the crosswalk. For Discussion Public Works Agency Director Dave Stoneback explained that a previous IDOT application for pedestrian crossing at Dempster and Dewey was denied. He is proposing a bump-out at Dempster and Ashland. Ald. Wynne suggested a flashing yellow light to alert drivers of pedestrian crossing at the intersection. At Ald. Braithwaite’s inquiry, Public Works Agency Director Stoneback explained the criteria to evaluate crosswalks are the nearest controlled intersections, number of lanes of traffic, speed of traffic and how much foot traffic is generated in the area. Ald. Holmes supports this crossing and detailed the same issue in her ward at Church and McDaniel. V. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Holmes moved to adjourn, seconded by Ald. Miller. The meeting was adjourned at 7:40pm. 36 of 338 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Tera Davis, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: October 19, 2016 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Continuing in 2016, the bills list will not include the Evanston Public Library. The Library bills will be included for informational purposes in the Treasurer’s Monthly Report. Summary: Payroll – September 18, 2016 through October 03, 2016 $ 2,779,982.54 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – Oct. 25, 2016 $ 3,400,759.33 General Fund Amount – Bills list $ 375,697.82 General Fund Amount – Supplemental list $ 664.50 General Fund Total: $ 376,362.32 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 6,180,741.87 *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 October 24, 2016 Items A1 -A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 37 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 100 GENERAL FUND 100 GENERAL FUND SUPPORT 22725 VERIZON WIRELESS COMMUNICATION CHARGES 8,996.21 100 GENERAL FUND SUPPORT Total 8,996.21 1400 CITY CLERK 62315 FEDERAL EXPRESS CORP.SHIPPING 22.21 62457 MUNICIPAL CODE CORPORATION ORDINANCE SUPPLEMENT 12 628.00 65095 OFFICE DEPOT OFFICE SUPPLIES 316.75 1400 CITY CLERK Total 966.96 1505 CITY MANAGER 62295 ENITH SANCHEZ *REIMBURSEMENT: ICMA CONFERENCE 335.96 62295 WALTER BOBIEWICZ *REIMBURSEMENT: ICMA CONFERENCE 733.03 62490 BRIGHT IDEAS USA LLC BIKE LIGHTS 1,499.00 64540 AT & T MOBILITY *COMMUNICATION CHARGES 164.94 65095 OFFICE DEPOT OFFICE SUPPLIES 331.48 1505 CITY MANAGER Total 3,064.41 1555 FINANCIAL ADMINISTRATION 62280 FEDERAL EXPRESS CORP.SHIPPING 21.70 62615 MESIROW INSURANCE SERVICES, INC.PUBLIC OFFICIAL BOND RENEWAL - MAYOR 100.00 62615 MESIROW INSURANCE SERVICES, INC.PUBLIC OFFICIALS BOND RENEWAL - CITY CLERK 100.00 65095 OFFICE DEPOT OFFICE SUPPLIES 94.98 1555 FINANCIAL ADMINISTRATION Total 316.68 1560 REVENUE & COLLECTIONS 51620 AFFINITY TITLE SERVICE REFUND: RETT STAMP 475.00 62360 COOK COUNTY TOWNSHIP ASSESSORS' ASSOCIATION CCTAA MEETING MEMBERSHIP 400.00 62449 ILLINOIS SECRETARY OF STATE, VEHICLE SUSPENDED LICENSE 10.00 65095 OFFICE DEPOT OFFICE SUPPLIES 2.00 1560 REVENUE & COLLECTIONS Total 887.00 1570 ACCOUNTING 62280 FEDERAL EXPRESS CORP.SHIPPING 16.67 1570 ACCOUNTING Total 16.67 1705 LEGAL ADMINISTRATION 62130 FRIEDMAN, CHAYA ACCESS DATABASE 125.00 62130 WEST GROUP PAYMENT CTR LEGAL RESEARCH 963.92 62295 MICHELLE L. MASONCUP REIMBURSEMENT: IMLA CONFERENCE 96.98 62345 FEDERAL EXPRESS CORP.SHIPPING 113.60 65095 OFFICE DEPOT OFFICE SUPPLIES 14.61 1705 LEGAL ADMINISTRATION Total 1,314.11 1910 FINANCE DIVISION - REVENUE 62431 DUNBAR ARMORED ARMORED CAR SERVICES 2,362.10 1910 FINANCE DIVISION - REVENUE Total 2,362.10 1929 HUMAN RESOURCE DIVISION 62160 TRANS UNION CORP TRANS UNION BASIC FEE-EMPLOYEE TESTING 101.06 62160 THEODORE POLYGRAPH SERVICE, INC.EMPLOYMENT TESTING-POLICE 300.00 62160 THEODORE POLYGRAPH SERVICE, INC.PRE-EMPLOYMENT TESTING-POLICE 150.00 62270 NORTH SHORE ENH OMEGA EMPLOYEE HEALTH SCREENINGS 8,261.00 62270 QUEST DIAGNOSTICS CLINICAL LABORATORIES EMPLOYEE TESTING-QUEST DIAGNOSTICS 185.50 62512 ICIMS RECRUITMENT-ICIMS 3,975.00 62630 SEDGWICK, INC.ADMINISTRATIVE FEES-UNEMPLOYMENT INSURANCE 1,400.00 65095 OFFICE DEPOT OFFICE SUPPLIES 66.93 1929 HUMAN RESOURCE DIVISION Total 14,439.49 1932 INFORMATION TECHNOLOGY DIVI. 62175 IRON MOUNTAIN OSDP OFF SITE DATA STORAGE 638.69 62250 SMS SYSTEMS MAINTENANCE SERVICES, INC.COMPUTER HARDWARE AND PERIPHER 2,460.00 62340 XEROX CORPORATION COPIER CHARGES 449.43 62340 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 570.00 62340 AOT PUBLIC SAFETY CORPORATION COMPUTER SOFTWARE LICENSE 7,431.00 64505 TYCO INTEGRATED SECURITY LLC ALARM SECURITY SERVICE 4,080.80 65555 XEROX CORPORATION XEROX COPIER FOR GENERAL ASSISTANCE 4,979.00 65615 COMMUNICATIONS REVOLVING FUND COMMUNICATION CHARGES 450.00 1932 INFORMATION TECHNOLOGY DIVI. Total 21,058.92 1941 PARKING ENFORCEMENT & TICKETS 62451 NORTH SHORE TOWING INVOICE FOR IMMOBILIZATION PROGRAM AUGUST 2016 1,500.00 62451 ERIN KIM REFUND: TOW 185.00 62451 JOHN HAYES GILL REFUND: TOW 80.00 64005 COMED UTILITIES 657.81 65045 MOTOROLA SOLUTIONS, INC.RADIO PUBLIC SAFETY REPAIRS-BATTERIES 581.55 1941 PARKING ENFORCEMENT & TICKETS Total 3,004.36 138 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 1950 FACILITIES 62225 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 464.20 62225 SIMPLEX GRINNELL FIRE PROTECTION SERVICE TEST AND INSPECTION 5,880.00 62225 AMERICAN BUILDING SERVICES REPLACEMENT OF CIVIC CENTER SALT ROOM DOOR 2,262.66 62225 AMERICAN BUILDING SERVICES REPLACEMENT OF POLICE DEPT HEADQUARTERS SIDE DOOR 1,800.57 62225 ILLINOIS OFFICE OF THE BOILER AND PRESSURE VESSEL SAFETY INSPECTION 350.00 62225 DUSTCATCHERS, INC.FLOOR MAT SERVICE SEPTEMBER 2016 205.35 62245 RANDALL INDUSTRIES LIFT RENTAL 1,210.00 62509 THYSSENKRUPP ELEVATOR FIRE STATION 5 ELEVATOR MAINTENANCE 647.15 64005 COMED UTILITIES 269.16 64005 COMED UTILITIES 151.11 64015 NICOR UTILITIES 511.40 65050 GRAINGER, INC., W.W.SERVICE CENTER HVAC BELT 116.48 65050 MARK VEND COMPANY CIVIC CENTER COFFEE AND TEA 262.95 65050 PATTEN INDUSTRIES GENERATOR RENTAL 1,912.50 65090 NORTH SHORE ENH OMEGA PULMONARY SURVEILLANCE TESTING 231.00 1950 FACILITIES Total 16,274.53 2105 PLANNING & ZONING 62205 CHICAGO TRIBUNE PLANNING & ZONING ADVERTISING 35.49 62210 ALLEGRA PRINT & IMAGING PLANNING & ZONING WINDOW ENVELOPES 267.00 2105 PLANNING & ZONING Total 302.49 2126 BUILDING INSPECTION SERVICES 52095 NORTH SHORE ELECTRIC INC PARTIAL REFUND - PERMIT 16ELEC-0227 30.00 62190 HAROLD'S TRUE VALUE HARDWARE GRAFFITI REMOVAL SUPPLIES 134.92 62425 ELEVATOR INSPECTION SERVICE ELEVATOR INSPECTION 100.00 65020 VCG UNIFORM CLOTHING 210.00 65095 OFFICE DEPOT OFFICE SUPPLIES 137.16 2126 BUILDING INSPECTION SERVICES Total 612.08 2205 POLICE ADMINISTRATION 62210 MINUTEMAN PRESS PRINTING SERVICE 508.71 62210 MSF GRAPHICS, INC.PRINTING SERVICE 216.02 62210 H & H PRINTING PRINTING SERVICE 1,327.93 62272 HOMSON REUTERS WEST INFORMATION CHARGES 326.46 62272 WILD CROW COMMUNICATION, INC PROFESSIONAL SERVICES 300.00 62280 CITY OF EVANSTON PETTY CASH PETTY CASH REIMBURSEMENT 30.19 62375 LEXIPOL, LLC ANNUAL SUBSCRIPTION - LAW ENFORCEMENT MANUAL 23,246.00 62375 LEXIPOL, LLC IMPLEMENTATION SERVICE - LEXIPOL 11,799.00 62490 EVANSTON FUNERAL & CREMATION BODY REMOVAL 1,300.00 62490 NORTH SHORE TOWING TOW & HOOK 10.00 62509 SUNGARD PUBLIC SECTOR, INC.ARREST AND CITATION MODULES, INSTALLATION/TRAINING 17,600.00 64005 COMED UTILITIES 101.58 64015 NICOR UTILITIES 159.83 65125 MARK VEND COMPANY COFFEE CUPS 416.06 65125 RAMSAY, OZZIE EDP PICTURES - REMAINING BALANCE 1,125.00 65125 FORWARD SPACE LLC D/B/A OFFICE CHAIRS - OPS 1,066.08 2205 POLICE ADMINISTRATION Total 59,532.86 2210 PATROL OPERATIONS 65020 KIESLER POLICE SUPPLY, INC.UNIFORM - VESTS 754.80 65020 KIESLER POLICE SUPPLY, INC.UNIFORMS - NIPAS VEST 1,565.00 65085 KIESLER POLICE SUPPLY, INC.AMMUNITION 1,260.00 2210 PATROL OPERATIONS Total 3,579.80 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES 1,241.32 2240 POLICE RECORDS Total 1,241.32 2250 SERVICE DESK 65125 FORWARD SPACE LLC D/B/A OFFICE CHAIRS 311 2,143.98 2250 SERVICE DESK Total 2,143.98 2260 OFFICE OF ADMINISTRATION 62295 SHANAS, RICHARD L.TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 GLYNN, ELIZABETH TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 GEYER, MIKHAIL TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 CARTER, KENNETH TRAINING / TRAVEL MEALS - DEA BASIC INVESTIGATORS COURSE 150.00 62295 CARTER, KENNETH TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 TAMBURRINO, CHRISTOPHER TRAINING TRAVEL MEALS - DEA BASIC INVESTIGATOR 150.00 62295 TAMBURRINO, CHRISTOPHER TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 PILLARS, JAMES TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 KLOPACK, STEVEN TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB USAGE 392.15 62295 CITY OF EVANSTON PETTY CASH PETTY CASH REIMBURSEMENT 565.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING 325.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - CHILD ABUSE INVESTIGATIONS 125.00 62295 NORTH EAST MULTI-REGIONAL TRAINING INC TRAINING - STREET CRIMES PROGRAM 275.00 62295 UNIVERSITY OF ILLINOIS -GAR 162 TRAINING - FIRE & ARSON INVESTIGATION 425.00 239 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 62295 GIL J LEVY TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 O'BRIEN, SEAN TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 HOLLIMAN, BENJAMIN TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 RUSSELL, DANIEL TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 HOWARD, ADAM TRAINING/TRAVEL MEALS - 40 HR INSTRUCTOR DEVELOPMENT 75.00 62295 ROSE, DAVID TRAINING/TRAVEL MEALS -MODULE C 75.00 62295 COOK COUNTY ANIMAL & RABIES CONTROL NATIONAL ANIMAL CONTROL - MODULE CE 125.00 62295 TASER TRAINING ACADEMY TRAINING - NEW TASER INSTRUCTOR COURSE 435.00 62295 ANTHONY SOSA TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 DAVID CHERREY TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 CHRISTOPHER W. TORTORELLO TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 ADAM PACK TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 IVAN REZA TRAINING/TRAVEL MEALS - HROS ACTIVE THREAT 45.00 62295 IL HOMICIDE INVESTIGATORS ASSOCIATION TRAINING 245.00 62295 RYAN CARRIGAN TRAINING TRAVEL MEALS - HROS ACTIVE THREAT 45.00 64565 COMCAST CABLE CABLE SERVICE 48.52 2260 OFFICE OF ADMINISTRATION Total 4,175.67 2270 TRAFFIC BUREAU 65125 DAWN ANDERSON REFUND: TOW 225.00 65125 JESSIKA RICHMOND REFUND: TOW 185.00 2270 TRAFFIC BUREAU Total 410.00 2280 ANIMAL CONTROL 64015 NICOR GAS UTILITIES - GAS 75.14 2280 ANIMAL CONTROL Total 75.14 2291 PROPERTY BUREAU 65125 DOJE'S FORENSIC SUPPLIES FORENSICS SUPPLIES 1,389.95 65125 LB MEDWASTE SERVICES, INC.MEDICAL WASTE REMOVAL 100.00 65125 ULINE PROPERTY SUPPLIES 251.89 2291 PROPERTY BUREAU Total 1,741.84 2295 BUILDING MANAGEMENT 62225 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 188.00 65040 GRAINGER, INC., W.W.LIGHT BULBS 104.64 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 1,274.23 2295 BUILDING MANAGEMENT Total 1,566.87 2305 FIRE MGT & SUPPORT 62518 FIREFIGHTING SERVICES LLC TRT EQUIPMENT 388.00 64015 NICOR UTILITIES 841.01 64015 NICOR UTILITIES 60.36 65020 TODAY'S UNIFORMS INC.UNIFORMS 1,690.45 65050 APPLIANCE SERVICE CENTER APPLIANCE REPAIR 380.56 2305 FIRE MGT & SUPPORT Total 3,360.38 2315 FIRE SUPPRESSION 53675 ANDRES MEDICAL BILLING AMBULANCE CHARGES - SEPTEMBER 2016 6,647.28 62295 GLENN G VANEK REIMBURSEMENT: U OF I / IFSI 729.20 62295 JONES, DAVID REIMBURSEMENT: CHAPLAIN TRAINING 212.00 62509 PRAXAIR DISTIBUTION INC EMS OXYGEN 595.59 62521 STRYKER SALES CORPORATION COT SUPPLIES 490.47 62605 RUSSO POWER EQUIPMENT TOOL REPAIR 281.19 65040 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 127.29 65625 ARMSTRONG MEDICAL CPR SUPPLIES 102.59 65625 WORLDPOINT ECC, INC.CPR SUPPLIES 486.15 2315 FIRE SUPPRESSION Total 9,671.76 2407 HEALTH SERVICES ADMIN 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 2407 HEALTH SERVICES ADMIN Total 39.00 2435 FOOD AND ENVIRONMENTAL HEALTH 55256 MORTGAGE CONTRACTING SERVICES ISSUE REFUND-DUPLICATE PAYMENT 500.00 61055 GOV TEMPS USA, LLC ROBERT SUTTON 212399 627.20 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 78.00 62210 TEUTEBERG INC INVOICES FOR RESTAURANT LICENSING 216.00 62345 COOK COUNTY RECORDER OF DEEDS LEIN RECORDING FEES 80.00 62474 FLADER PLUMBING & HEATING PLUMBING WORK AT 1829 LEMAR 575.00 62474 FLADER PLUMBING & HEATING PLUMBING WORK FOR 1829 LEMAR 690.00 65075 FINEST COURIER LOGISTICS COURIER SERVICES 35.00 65095 OFFICE DEPOT OFFICE SUPPLIES 122.66 65620 FRIEDMAN, CHAYA WORK ON ACCESS DATABASE 250.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 3,173.86 2440 VITAL RECORDS 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 62210 MSF GRAPHICS, INC.BIRTH CERTIFICATE RECEIPTS 84.50 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 992.00 2440 VITAL RECORDS Total 1,115.50 340 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 3010 REC. BUSINESS & FISCAL MGMT 65095 ALLEGRA PRINT & IMAGING ENVELOPES 279.00 65095 OFFICE DEPOT OFFICE SUPPLIES 106.10 3010 REC. BUSINESS & FISCAL MGMT Total 385.10 3020 REC GENERAL SUPPORT 62490 BENNISONS BAKERIES FARMERS MARKET 42.00 62490 DULCE CARAMEL CO.FARMERS MARKET 30.00 62490 FROSTY PRODUCTION FARMERS MARKET 278.00 62490 THE CHEESE PEOPLE FARMERS MARKET 31.00 62490 KATIC BREADS WHOLESALE, LLC FARMERS MARKET 53.00 62490 MARIGOLD HILL ORGANICS, LLC FARMERS MARKET 44.00 62490 GURMAN INTERNATIONAL FOOD, INC.FARMERS MARKET 30.00 62490 PHOENIX BEAN LLC FARMERS MARKET 38.00 62490 THE EATING WELL FARMERS MARKET 41.00 62490 JON FIRST FARMERS MARKET 495.00 62490 TERESA'S FRUIT AND HERBS FARMERS MARKET 64.00 62490 LAKE BREEZE ORGANICS FARMERS MARKET 202.00 62490 LYON'S FARM FARMERS MARKET 80.00 62490 HENRY'S FARM FARMERS MARKET 547.00 62490 K & K FARM'S FARMERS MARKET 318.00 62490 KINNIKINNICK FARM FARMERS MARKET 108.00 62490 ED GAST FARMERS MARKET 273.00 62490 ELKO'S PRODUCE AND GREENHOUSE FARMERS MARKET 69.00 62490 J.W. MORLOCK AND GIRLS FARMERS MARKET 82.00 62490 GENEVA LAKES PRODUCE FARMERS MARKET 174.00 62490 OLD TOWN OIL FARMERS MARKET 96.00 62490 M AND D FARMS FARMERS MARKET 194.00 62490 NOFFKE FAMILY FARM FARMERS MARKET 124.00 62490 NICHOLS FARM & ORCHARD FARMERS MARKET 349.00 62490 ZELDENRUST FARM FARMERS MARKET 317.00 62490 SEEDLING FARMERS MARKET 51.00 62490 K.V. STOVER AND SON FARMERS MARKET 329.00 62490 SMITS FARMS FARMERS MARKET 62.00 62490 GREAT HARVEST BREAD CO.FARMERS MARKET 49.00 62490 GREEN ACRES FARMERS MARKET 64.00 62490 RIVER VALLEY RANCH FARMERS MARKET 212.00 62511 FUNK, NELL FARMERS MARKET TRUCK TO TABLE EVENT 1,200.00 3020 REC GENERAL SUPPORT Total 6,046.00 3025 PARK UTILITIES 64005 COMED UTILITIES 2,004.48 64005 COMED UTILITIES 97.98 64005 MC SQUARED ENERGY UTILITIES 1,956.72 64015 NICOR UTILITIES 39.52 64015 NICOR UTILITIES 74.70 3025 PARK UTILITIES Total 4,173.40 3030 CROWN COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES 3,415.33 64015 NICOR UTILITIES 103.83 65040 UNIFIRST CORPORATION CUSTODIAL SUPPLIES 17.50 65040 UNIFIRST CORPORATION SUPPLIES 17.54 3030 CROWN COMMUNITY CENTER Total 3,554.20 3035 CHANDLER COMMUNITY CENTER 62375 CLOWNING AROUND ENTERTAINMENT *OBSTACLE COURSE-ZOMBIE SCRAMBLE 694.00 64005 MC SQUARED ENERGY UTILITIES 2,039.57 64015 NICOR UTILITIES 134.91 65025 MARK VEND COMPANY COFFEE CUPS 75.69 65025 GOURMET GORILLA, INC.FOOD FOR PRESCHOOL PROGRAM 2,153.90 65040 SUPERIOR INDUSTRIAL SUPPLY SUPPLIES 264.87 3035 CHANDLER COMMUNITY CENTER Total 5,362.94 3040 FLEETWOOD JOURDAIN COM CT 62225 GILLESPIE, WILL CLEANING FISH TANK IN MAIN LOBBY 75.00 62225 CINTAS CORPORATION #769 MONTHLY SERVICE ON FLOOR MATS 240.12 62505 SALLIS, MARCEL BASKETBALL INSTRUCTOR 200.00 62511 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 120.00 64005 MC SQUARED ENERGY UTILITIES 4,414.04 64015 NICOR UTILITIES 166.71 65025 HOFFMAN HOUSE CATERING CATERING LUNCH FOR THE SENIORS 605.32 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 997.37 65040 SUPERIOR INDUSTRIAL SUPPLY TRASH CAN LINER, JUMBO ROLLS OF TOILET TISSUE 410.62 65050 SUPERIOR INDUSTRIAL SUPPLY CLEANING SUPPLIES 273.55 65095 OFFICE DEPOT OFFICE SUPPLIES 435.24 3040 FLEETWOOD JOURDAIN COM CT Total 7,937.97 441 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 3045 FLEETWOOD/JOURDAIN THEATR 62490 SOUND PRODUCTION & LIGHTING, LLC SOUND ENGINEERS FOR FJT CONCERTS 1,650.00 62505 ALLIE BARON ASSISTANT THEATRE DIRECTOR ECT 1,750.00 62505 DONALD KOLAKOWSKI THEATRE DIRECTOR 2,250.00 3045 FLEETWOOD/JOURDAIN THEATR Total 5,650.00 3050 RECREATION OUTREACH PROGRAM 62490 COMCAST CABLE COMMUNICATION CHARGES 109.49 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 47.68 65025 OPEN KITCHENS 2016 SUMMER FOOD PROGRAM 70,174.58 3050 RECREATION OUTREACH PROGRAM Total 70,331.75 3055 LEVY CENTER SENIOR SERVICES 61062 KEVIN SPARKMON SECURITY ALCOHOL RENTAL 120.00 62245 ALARM DETECTION SYSTEMS, INC.REPAIR GYM DOOR TRANSMITTER 260.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 48.09 62505 COMPUTER TRAINING & SUPPORT SERVICES COMPUTER INSTRUCTOR 50.00 62509 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 224.05 62511 COMCAST CABLE CABLE SERVICES 150.65 62695 JUDON, ARNETT TAXI COUPON REIMBURSEMENT 2,400.00 64005 MC SQUARED ENERGY UTILITIES 7,392.56 64015 NICOR UTILITIES 230.80 65025 HOFFMAN HOUSE CATERING LEVY CONGREGATE MEAL PROGRAM 2,417.05 65040 LAPORT INC JANITORIAL SUPPLIES 123.30 65040 SAM'S CLUB DIRECT *SUPPLIES: JANITORIAL 65.59 65040 SAM'S CLUB DIRECT *SUPPLIES: RETURN -3.05 65110 VERMONT SYSTEMS INC PRE PRINTED KEY FOB 456.00 65110 INTEGRITY FITNESS FITNESS CENTER EQUIPMENT 3,645.00 3055 LEVY CENTER SENIOR SERVICES Total 17,580.04 3080 BEACHES 64005 MC SQUARED ENERGY UTILITIES 165.55 65045 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 47.67 3080 BEACHES Total 213.22 3095 CROWN ICE RINK 62245 JORSON & CARLSON BLADE SHARPENING 35.01 62251 GAND MUSIC AND SOUND SOUND SERVICE 643.00 62490 GRAINGER, INC., W.W.LAMP & BALLASTS 330.00 62490 HOUSE OF RENTAL TABLES FOR ANNUAL FLEA MARKET 825.00 62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 79.00 64005 MC SQUARED ENERGY UTILITIES 10,246.00 64015 NICOR UTILITIES 311.47 65040 SUPERIOR INDUSTRIAL SUPPLY BUILDING SUPPLIES 583.76 65040 SUPERIOR INDUSTRIAL SUPPLY SUPPLIES 107.22 65040 UNIFIRST CORPORATION CUSTODIAL SUPPLIES 52.65 65040 UNIFIRST CORPORATION SUPPLIES 52.61 65050 BOTANY BAY CHEMICAL COMPANY TOWER SCALE INHIBITOR 795.80 3095 CROWN ICE RINK Total 14,061.52 3100 SPORTS LEAGUES 65110 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 92.00 65110 BURRIS EQUIPMENT CO.RENTAL EQUIPMENT 1,802.00 3100 SPORTS LEAGUES Total 1,894.00 3105 AQUATIC CAMP 65125 GREAT LAKES TOWING BOAT RECOVERY 2,100.00 3105 AQUATIC CAMP Total 2,100.00 3130 SPECIAL RECREATION 65025 SAM'S CLUB DIRECT *SUPPLIES: AFTER CARE 50.12 3130 SPECIAL RECREATION Total 50.12 3215 YOUTH ENGAGEMENT DIVISION 62275 FEDERAL EXPRESS CORP.SHIPPING 21.70 62490 EVANSTON TOWNSHIP HIGH SCHOOL MSYEP REIMBURSEMENT PROGRAM 3,259.40 62490 MCGAW YMCA MSYEP REIMBURSEMENT PROGRAM 6,000.00 62490 ACTORS GYMNASIUM, INC MSYEP REIMBURSEMENT PROGRAM 7,120.89 62490 L&J'S ENTERPRISES CAFE DBA YOFRESH YOGURT CAFE MSYEP 2016 1,096.11 62490 C & W MARKET AND ICE CREAM PARLOR MSYEP 2016 308.03 62490 CANAL SHORES GOLF COURSE MSYEP REIMBURSEMENT PROGRAM 1,842.43 62490 SALVATION ARMY MSYEP REIMBURSEMENT PROGRAM 4,386.56 3215 YOUTH ENGAGEMENT DIVISION Total 24,035.12 3225 GIBBS-MORRISON CULTURAL CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 55.00 62509 SKINNER, SAKKARA HIP HOP DANCE INSTRUCTOR 420.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 202.62 3225 GIBBS-MORRISON CULTURAL CENTER Total 677.62 542 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 3605 ECOLOGY CENTER 61062 KEVIN SPARKMON LIQUOR RENTAL SECURITY 120.00 62518 ALARM DETECTION SYSTEMS, INC.ANNUAL CHARGE 11-16 THRU 10-17 451.44 62520 COLLECTIVE RESOURCE INC.TOTE PICK UP SEPTEMBER 120.00 64005 MC SQUARED ENERGY UTILITIES 596.87 64015 NICOR UTILITIES 31.51 3605 ECOLOGY CENTER Total 1,319.82 3710 NOYES CULTURAL ARTS CENTER 64005 MC SQUARED ENERGY UTILITIES 2,585.99 64015 NICOR UTILITIES 153.51 3710 NOYES CULTURAL ARTS CENTER Total 2,739.50 3720 CULTURAL ARTS PROGRAMS 62360 SAM'S CLUB DIRECT *MEMBERSHIP 15.00 65095 OFFICE DEPOT OFFICE SUPPLIES 8.49 3720 CULTURAL ARTS PROGRAMS Total 23.49 3806 CIVIC CENTER SERVICES 64015 NICOR UTILITIES 269.78 3806 CIVIC CENTER SERVICES Total 269.78 4105 PUBLIC WORKS AGENCY ADMIN 65090 CINTAS FIRST AID & SUPPLY FIRST AID CABINET MAINTENANCE 31.58 4105 PUBLIC WORKS AGENCY ADMIN Total 31.58 4300 ENVIRONMENTAL SERVICES 62375 METROPOLITAN WATER RECLAMATION DISTRICT SUB-LEASE 1,300.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID BOX RESTOCKING 79.24 4300 ENVIRONMENTAL SERVICES Total 1,379.24 4330 GREENWAYS 62195 COMED UTILITIES 123.53 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.CALLAN AVE STREETSCAPE LANDSCAPE MAINTENANCE 311.25 62195 LANDSCAPE CONCEPTS MANAGEMENT, INC.GREEN BAY RD RR EMBANKMENT LANDSCAPING 2,245.00 4330 GREENWAYS Total 2,679.78 4400 CAPITAL PLANNING & ENGINEERING 62295 FEDERAL EXPRESS CORP.SHIPPING 15.18 4400 CAPITAL PLANNING & ENGINEERING Total 15.18 4510 STREET MAINTENANCE 65055 OZINGA CHICAGO RMC, INC.2016 SOLE SOURCE CONCRETE PURCHASE 1,132.20 4510 STREET MAINTENANCE Total 1,132.20 4520 TRAF. SIG.& ST LIGHT MAINT 64006 COMED UTILITIES 18,635.44 64008 MC SQUARED ENERGY UTILITIES 38.19 65070 ELCAST LIGHTING STREETLIGHT FIXTURE REPAIR 1,500.00 65115 ARTS & LETTERS LTD.SIGN FABRICATION LETTERS 42.00 4520 TRAF. SIG.& ST LIGHT MAINT Total 20,215.63 4550 MAINT-SNOW & ICE 65015 VERIZON NETWORKFLEET, INC.FLEET TELEMATICS/AUTOMATIC VEHICLE LOCATORS 16,394.63 4550 MAINT-SNOW & ICE Total 16,394.63 100 GENERAL FUND Total 375,697.82 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 78.00 4605 GENERAL ASSISTANCE ADMIN Total 78.00 175 GENERAL ASSISTANCE FUND Total 78.00 176 HEALTH AND HUMAN SERVICES 4651 HEALTH AND HUMAN SERVICES 67006 FRIENDSHIP BAPTIST CHURCH *EVANSTON ETHNIC MARKET WEST END 1,413.00 4605 GENERAL ASSISTANCE ADMIN Total 1,413.00 176 HEALTH AND HUMAN SERVICES Total 1,413.00 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62360 NENA - DEPT. 911 ASSOCIATION DUES 137.00 62509 CHICAGO COMMUNICATIONS, LLC.ZETRON IP FSA 2015/2016 SERVICE AGREEMENT RENEWAL BALANCE 660.00 5150 EMERGENCY TELEPHONE SYSTM Total 797.00 205 EMERGENCY TELEPHONE (E911) FUND Total 797.00 643 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 215 CDBG FUND 5187 REHAB CONSTRUCTION ADMIN 62490 FEDERAL EXPRESS CORP.SHIPPING 55.44 5187 REHAB CONSTRUCTION ADMIN Total 55.44 5220 CDBG ADMINISTRATION 62205 EVANSTON ROUNDTABLE LLC 2017 ACTION PLAN AD 380.00 5220 CDBG ADMINISTRATION Total 380.00 215 CDBG FUND Total 435.44 220 CDBG LOAN 5295 GARAGE DEMOLITION 65535 NELS J. JOHNSON TREE EXPERTS, INC.HOUSING REHAB - 1833 LEMAR 1,775.00 5295 GARAGE DEMOLITION Total 1,775.00 220 CDBG LOAN Total 1,775.00 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 533001 62662 PLACE CONSULTING, INC.RECRUITMENT ANNOUNCEMENT FOR SSA6 70.00 533001 62662 CHICAGO'S NORTH SHORE CONVENTION &EVANSTON CHARITY WINE WALK ADVERTISING 903.50 62662 CHICAGO'S NORTH SHORE CONVENTION &SHOP EVANSTON AD NS MAGAZINE HOLIDAY INSERT 300.00 533001 62662 GLANTZ, INC BRANDING DESIGN SERVICES FOR SSA 6 4,050.00 533001 62662 A. FAVORITE DESIGN, INC.GRAPHIC DESIGNER FOR WINE WALK EVENT 1,310.00 533001 62662 PLOURDE, JILL EMAIL CAMPAIGN DESIGN FOR SSA 6 102.00 533001 62662 PLOURDE, JILL EMAIL MARKETING CAMPAIGN FOR SSA 6 272.00 5300 ECON. DEVELOPMENT FUND Total 7,007.50 225 ECONOMIC DEVELOPMENT FUND Total 7,007.50 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS COMMUNITY PURCHASED SERVICES 17,639.30 65535 CONNECTIONS FOR THE HOMELESS CONNECTIONS TBRA VOUCHER 2,030.52 5430 HOME FUND Total 19,669.82 240 HOME FUND Total 19,669.82 310 HOWARD-HARTREY TIF 5500 HOWARD-HARTREY TIF DEBT SRVCE 415430 65515 ESI CONSULTANTS, LTD HOWARD ST TRAFFIC SIGNAL & RESURFACING PROJECT PHASE 3 46,481.83 5500 HOWARD-HARTREY TIF DEBT SRVCE Total 46,481.83 310 HOWARD-HARTREY TIF Total 46,481.83 320 DEBT SERVICE FUND 5705 2006 BONDS 62350 WELLS FARGO BANK G.O. SERIES 2006 250.00 5705 2006 BONDS Total 250.00 5711 2010 A BONDS 62350 WELLS FARGO BANK G.O. SERIES 2010A 250.00 5711 2010 A BONDS Total 250.00 5712 2010 B BONDS 62350 WELLS FARGO BANK G.O. SERIES 2010B 250.00 5712 2010 B BONDS Total 250.00 5718 2015 B BONDS 62716 CHAPMAN & CUTLER LEGAL SERVICES FOR G.O. BONDS 2016AB 8,825.20 62716 MOODY'S INVESTORS SERVICE 2016AB BOND ISSUANCE 7,600.00 5718 2015 B BONDS Total 16,425.20 320 DEBT SERVICE FUND Total 17,175.20 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 TMQ GROUP LLC NOVEMBER RENT FOR 745 HOWARD STREET 1,000.00 62706 CONCIERGE MANAGEMENT SERVICE SECOND INSTALLMENT TAX REBATE - 415 HOWARD 255,947.98 5860 HOWARD RIDGE TIF Total 256,947.98 330 HOWARD-RIDGE TIF FUND Total 256,947.98 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415555 62185 12461 - COMMUNITY COUNSELLING SERVICE FUNDRAISING CONSULTING SERVICES FOR ROBERT CROWN CENTER 35,000.00 4150 CAPITAL PROJECTS Total 35,000.00 744 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 4115 2015 BOND PROJECTS 415959 65515 171019 - CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 83,944.87 416511 65515 174393 - A LAMP CONCRETE CONTRACTORS, INC.2016 ALLEY PAVING PROJECT BID NO. 16-54 133,105.50 4115 2015 BOND PROJECTS Total 217,050.37 4116 2016 BOND PROJECTS 516002 62145 104804 - SMITHGROUPJJR, INC.RFP 16-13, CHURCH STREET HARBOR RENOVATIONS - PHASE 2 8,041.25 616024 62145 11447 - MCGUIRE ENGINEERS, INC.PDHQ TEMP GENERATOR CONNECTION 1,595.00 616018 62145 13515 - TFS ALLIANCE GROUP ROOF EVALUATION SERVICES VARIOUS CITY FACILITIES RFP 16-24 6,580.00 616020 62145 176213 - TESKA ASSOCIATES, INC.RFP 16-04 GIBBS MORRISON SITE IMPROVEMENTS 4,125.50 616009 62145 328421 - ENVIRONMENTAL SERVICES FIRM, INC.ASBESTOS ABATEMENT AT GREENWOOD ST WASHROOMS 2,800.00 616026 65515 100050 - ABLE DISTRIBUTORS COOLING EQUIPMENT FOR CIVIC CENTER PARASOL ROOM 9,547.86 416530 65515 102286 - HAYES MECHANICAL, INC.NORTH BRANCH LIBRARY MECHANICAL UPGRADE 194,062.51 416514 65515 102463 - IL DEPT OF TRANSPORTATION DODGE AVE BIKE LANE LOCAL SHARE AGREEEMNT RES 14-R-15 27,906.26 416520 65515 10335 - GSG MATERIAL TESTING 2016 MATERIAL TESTING AND INSPECTION CONTRACT RENEWAL 3,560.00 416511 65515 174393 - A LAMP CONCRETE CONTRACTORS, INC.2016 ALLEY PAVING PROJECT BID NO. 16-54 18,733.50 516007 65515 317199 - ELANAR CONSTRUCTION RFP 16-14, PENNY PARK RENOVATIONS 114,372.00 4116 2016 BOND PROJECTS Total 391,323.88 4216 2016 CAPITAL FROM OTHER SOURCES 516004 62145 10335 - GSG MATERIAL TESTING FOUNTAIN SQUARE - GEOTECHNICAL SERVICES 8,086.00 416502 65515 10335 - GSG MATERIAL TESTING 2016 MATERIAL TESTING AND INSPECTION CONTRACT RENEWAL 2,820.00 416501 65515 120125 - J.A. JOHNSON PAVING CO 2016 MFT STREET RESURFACING PROJECT BID#16-30 98,801.34 516004 65515 167481 - LANDSCAPE FORMS FOUNTAIN SQUARE - TRIAL TABLE/CHAIRS 1,755.00 416512 65515 174393 - A LAMP CONCRETE CONTRACTORS, INC.2016 ALLEY PAVING PROJECT BID NO. 16-54 95,265.00 4216 2016 CAPITAL FROM OTHER SOURCES TOTAL 206,727.34 4150 CAPITAL PROJECTS 62716 100962 - CHAPMAN & CUTLER LEGAL SERVICES FOR G.O. BONDS 2016AB 8,677.20 62716 103495 - MOODY'S INVESTORS SERVICE 2016AB BOND ISSUANCE 7,472.55 4150 CAPITAL PROJECTS Total 16,149.75 415 CAPITAL IMPROVEMENTS FUND Total 866,251.34 420 SPECIAL ASSESSMENT FUND 6365 SPECIAL ASSESSMENT 62716 CHAPMAN & CUTLER LEGAL SERVICES FOR G.O. BONDS 2016AB 444.00 62716 MOODY'S INVESTORS SERVICE 2016AB BOND ISSUANCE 382.36 6365 SPECIAL ASSESSMENT Total 826.36 420 SPECIAL ASSESSMENT FUND Total 826.36 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53510 COOK COUNTY COLLECTOR *PARKING TAXES-SEPT 2016 104.00 62431 DUNBAR ARMORED ARMORED CAR SERVICES 5,543.41 416450 65515 IL DEPT OF TRANSPORTATION EMERSON/RIDGE/GREENBAY IDOT FUDING AGREEMENT 250,000.00 616014 65515 RELIABLE & ASSOCIATES CONSTRUCTION CO., INC.2016 CHURCH STREET AND MAPLE AVENUE GARAGE REPAIRS 161,153.53 616015 65515 RELIABLE & ASSOCIATES CONSTRUCTION CO., INC.2016 CHURCH STREET AND MAPLE AVENUE GARAGE REPAIRS 127,365.73 616014 65515 CTL GROUP CHURCH STREET AND MAPLE AVENUE GARAGE REPAIR PROJECT 5,616.41 7005 PARKING SYSTEM MGT Total 549,783.08 7015 PARKING LOTS & METERS 62375 MCGAW YMCA 3RD QTR PARKING METER COLLECTIONS 2,397.75 64005 COMED UTILITIES 1,260.95 65070 DUNCAN PARKING TECHNOLOGIES, INC.MONTHLY FEE PER PARKING METER - BACK OFFICE SUPPORT 12,586.00 65070 PASSPORT PARKING, INC`TRANSACTION FEE-PAY BY CELL OPTION RELATED/DUNCAN 5,494.30 65070 3C PAYMENT (USA) CORP CREDIT AND DEBIT CARD TRANSACTION FEES SEPT 2016 1,265.99 7015 PARKING LOTS & METERS Total 23,004.99 7025 CHURCH STREEYT GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-SEPT 2016 2,026.00 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT - THREE DOWNTOWN PARKING GARAGE 24,010.33 64005 MC SQUARED ENERGY UTILITIES 2,292.09 7025 CHURCH STREET GARAGE Total 28,328.42 7036 SHERMAN GARGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-SEPT 2016 2,768.00 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT - THREE DOWNTOWN PARKING GARAGE 54,306.00 62425 THYSSENKRUPP ELEVATOR ELEVATOR SERVICES/ MAINTENANCE-SHERMAN PARKING GARAGES 9,195.48 62509 SIMPLEX GRINNELL REPAIR TO DRY SPRINKLER SYSTEM 1,015.00 62509 SIMPLEX GRINNELL REPAIR TO DRY SPRINKLER SYSTEM COMPRESSOR 845.48 62660 MB EVANSTON SHERMAN, L.L.C.SHARED MAINTENANCE EXPENSES- SHERMAN PLAZA PARKING GARAGE 7,016.41 64005 MC SQUARED ENERGY UTILITIES 7,162.52 7036 SHERMAN GARAGE Total 82,308.89 845 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-SEPT 2016 1,688.00 53510 COOK COUNTY COLLECTOR *PARKING TAXES-SEPT 2016 459.00 62400 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT - THREE DOWNTOWN PARKING GARAGE 47,392.00 64005 MC SQUARED ENERGY UTILITIES 4,938.86 64015 NICOR UTILITIES 89.30 7037 MAPLE GARAGE Total 54,567.16 505 PARKING SYSTEM FUND Total 737,992.54 510 WATER FUND 4200 WATER PRODUCTION 56140 ILLINOIS DEPT OF REVENUE *SALES TAX 446.00 64540 BYTRONICS, INC., BASIN TECH CENTRE MONTHLY SUPPORT FOR DIGTRACK TICKETS 160.00 65095 OFFICE DEPOT OFFICE SUPPLIES 296.21 4200 WATER PRODUCTION Total 902.21 4210 PUMPING 64005 COMED UTILITIES 45.12 64005 MC SQUARED ENERGY UTILITIES 89,281.64 64015 NICOR UTILITIES 772.46 64015 NICOR UTILITIES 28.13 4210 PUMPING Total 90,127.35 4220 FILTRATION 62420 METROPOLITAN WATER RECLAIMATION DISTRICT ANNUAL USER CHARGE FOR SLUDGE REMOVAL 81,624.86 62465 EUROFINS EATON ANALYTICAL FY2016 LABORATORY TESTING-ROUTINE COMPLIANCE 725.00 65015 MOSAIC GLOBAL SALES, LLC HYDROFLUOROSILICIC ACID (PER SPEC)9,376.83 65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE (PER SPEC)2,844.00 4220 FILTRATION Total 94,570.69 4225 WATER OTHER OPERATIONS 62315 SEBIS DIRECT UTILITY BILL PRINT & MAIL SERVICES 4,000.00 4225 WATER OTHER OPERATIONS Total 4,000.00 4540 DISTRIBUTION MAINTENANCE 65051 BUILDERS ASPHALT, LLC 2016 SINGLE SOURCE HOT MIX ASPHALT PURCHASE 1,789.84 4540 DISTRIBUTION MAINTENANCE Total 1,789.84 7131 CAPITAL IMPROVEMENTS 415185 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD/CHICAGO AVE PHASE I & II ENGINEERING SERVICES 3,240.00 7131 CAPITAL IMPROVEMENTS Total 3,240.00 7509 2014A BONDS 62716 CHAPMAN & CUTLER LEGAL SERVICES FOR G.O. BONDS 2016AB 3,489.22 62716 MOODY'S INVESTORS SERVICE 2016AB BOND ISSUANCE 3,004.81 7509 2014A BONDS Total 6,494.03 510 WATER FUND Total 201,124.12 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 416450 65515 IL DEPT OF TRANSPORTATION EMERSON/RIDGE/GREENBAY IDOT FUDING AGREEMENT RESOLUTION 339,562.10 733074 65515 LAKE ERIE DIVING, INC.48" INTAKE IMPROVEMENT PROJECT 14-04 151,546.52 7330 WATER FUND DEP, IMP, EXT Total 491,108.62 513 WATER DEPR IMPRV & EXTENSION FUND Total 491,108.62 515 SEWER FUND 4530 SEWER MAINTENANCE 62315 SEBIS DIRECT UTILITY BILL PRINT & MAIL SERVICES 1,000.00 65051 BUILDERS ASPHALT, LLC 2016 SINGLE SOURCE HOT MIX ASPHALT PURCHASE 317.72 4530 SEWER MAINTENANCE Total 1,317.72 4535 SEWER IMPROVEMENTS 62461 TESKA ASSOCIATES, INC.RFP 16-04 GIBBS MORRISON SITE IMPROVEMENTS 4,125.50 4535 SEWER IMPROVEMENTS Total 4,125.50 515 SEWER FUND Total 5,443.22 520 SOLID WASTE FUND 4310 RECYCLING AND ENVIRONMENTAL MAIN 56155 ILLINOIS DEPT OF REVENUE *SALES TAX 69.00 62390 LAKESHORE RECYCLING SYSTEMS CONDO RECYCLING 35,032.06 64015 NICOR UTILITES 124.08 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 35,225.14 520 SOLID WASTE FUND Total 35,225.14 946 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 65095 OFFICE DEPOT OFFICE SUPPLIES - FLEET 56.04 7705 GENERAL SUPPORT Total 56.04 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 328.39 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 509.14 65035 CITY WELDING SALES & SERVICE INC.WELDING GASES 88.74 65060 BIOTEK CORPORATION HAND CLEANER 149.84 65060 CUMBERLAND SERVICENTER PIGTAIL 54.28 65060 DOUGLAS TRUCK PARTS BACK-UP ALARMS 295.00 65060 FREEWAY FORD TRUCK SALES SIDE MIRROR COVER #589 114.46 65060 GROVER WELDING COMPANY #718 TAIL GATE HOPPER DOOR REPAIRS 821.40 65060 GROVER WELDING COMPANY #720 TAILGATE REPAIR 714.20 65060 HAVEY COMMUNICATIONS INC.INSTALL ZEBRA PRINTER EPD#15 AND #43 500.00 65060 HAVEY COMMUNICATIONS INC.LIGHT BAR LEG SUPPORTS 293.15 65060 LEACH ENTERPRISES, INC.1/4" PETCOCK 12.53 65060 LEACH ENTERPRISES, INC.BRAKE CHAMBER FRONT 35.66 65060 LEACH ENTERPRISES, INC.SLACK ADJUSTERS #716 170.20 65060 NORTH SHORE TOWING #110 TOW TO HAVEY 130.00 65060 NORTH SHORE TOWING #661 TOW BACK TO FLEET GARAGE 542.50 65060 NORTH SHORE TOWING #720 TOW TO CUMBERLAND SERVICE CENTER 612.50 65060 PATTEN INDUSTRIES LENS 13.45 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.7 WAY TRUCK END 393.72 65060 STANDARD EQUIPMENT COMPANY #628 TARP TRANSPORTATION 187.50 65060 STANDARD EQUIPMENT COMPANY #668 CALIPER HOSE 621.47 65060 STANDARD EQUIPMENT COMPANY #668 SEAL 827.10 65060 STANDARD EQUIPMENT COMPANY #716 PACKER BODY BLADE & CYLINDER REPAIRS 16,301.73 65060 STANDARD EQUIPMENT COMPANY 90 DEGREE ELBOW 28.11 65060 STANDARD EQUIPMENT COMPANY CLAMP 174.35 65060 STANDARD EQUIPMENT COMPANY DISC PADS 617.54 65060 STANDARD EQUIPMENT COMPANY HOSE ASSY 54.81 65060 STANDARD EQUIPMENT COMPANY SEAL KIT 167.43 65060 UNITED PARCEL SERVICE SHIPPING 9.44 65060 VERMEER MIDWEST #567 CLUTCH PARTS 176.56 65060 VERMEER MIDWEST 2 WINCH ROPES 848.46 65060 VERMEER MIDWEST CLUTCH PARTS 423.94 65060 WHOLESALE DIRECT INC 4" ROUND LED STROBE LIGHT 74.63 65060 ZARNOTH BRUSH WORKS, INC.SWEEPER SIDE BROOMS, 20 SETS 1,840.00 65060 WEST SIDE EXCHANGE FILTERS 35.21 65060 WEST SIDE EXCHANGE GASKET #568 15.00 65060 GEIB INDUSTRIES, INC.#704 HYDRAULIC HOSE 315.50 65060 LAWSON PRODUCTS INC.CAP SCREWS 26.50 65060 LAWSON PRODUCTS INC.SCREWS IN MULTIPLE SIZES 160.89 65060 ACCURATE TANK TECHNOLOGIES FUEL SWIPE CARDS 203.00 65060 P & G KEENE ELECTRICAL #589 STARTER 215.00 65060 GLOBAL EMERGENCY PRODUCTS, INC.#321 AIR TANKS 821.13 65060 GLOBAL EMERGENCY PRODUCTS, INC.#321 ANNUAL PUMP TEST 407.50 65060 GLOBAL EMERGENCY PRODUCTS, INC.#323 PAINT AFTER REPAIRS 4,975.50 65060 GLOBAL EMERGENCY PRODUCTS, INC.#324 REPLACE 6 ROLL-UP DOORS 15,384.90 65060 GLOBAL EMERGENCY PRODUCTS, INC.#324 SEAL 447.07 65060 GLOBAL EMERGENCY PRODUCTS, INC.#325R OIL PRESSURE SENDER 113.39 65060 GLOBAL EMERGENCY PRODUCTS, INC.STANCHION 76.42 65060 SPEX CAR WASH INC. % GEORGE ROMAN 15 CAR WASHES 929.50 65060 CARQUEST EVANSTON STROBE LIGHT 61.19 65060 CARQUEST EVANSTON TOGGLE SWITCH 41.31 65060 GOLF MILL FORD #26 SOCKET 252.23 65060 GOLF MILL FORD #546 SEAT BELT 319.65 65060 GOLF MILL FORD #546 WIRE ASSY 41.87 65060 GOLF MILL FORD CREDIT -156.63 65060 GOLF MILL FORD HARDWARE BRAKE 24.96 65060 GOLF MILL FORD LICENSE PLATE LIGHT SOCKET & PIGTAIL 60.22 65060 R.N.O.W., INC.TAILGATE MICRO SWITCH 265.66 65060 SUBURBAN ACCENTS, INC.AMBULANCE NUMBERS 700.00 65060 SUBURBAN ACCENTS, INC.CITY LOGOS 917.00 65060 ORLANDO AUTO TOP #546 BUCKET SEAT REPAIR 650.00 65060 CHICAGO PARTS & SOUND, LLC ALTERNATOR CORE CREDIT -75.00 65060 CHICAGO PARTS & SOUND, LLC BRAKE PAD 105.24 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #315 BRAKE PARTS 39.94 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #613 FUEL SENDING UNIT 76.13 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #613 TAILGATE STRAP 171.66 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #623 CAM SHAFT SENSOR 172.96 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #623 WIRING HARNESS 165.20 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #636 ABS SPEED SENSOR 103.35 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #717 RADIATOR 1,129.94 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #88 BRAKE SHOES 579.31 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC CREDIT -1,380.41 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC FUEL TANK STRAPS AND LINING #613 235.65 65065 WENTWORTH TIRE SERVICE #265 NEW TIRES 341.68 65065 WENTWORTH TIRE SERVICE #953 M/D TIRE 152.00 65065 WENTWORTH TIRE SERVICE 2 RECAPS 291.00 1047 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 65065 WENTWORTH TIRE SERVICE 3 NEW TIRES 859.92 65065 WENTWORTH TIRE SERVICE 4 TIRE REPAIRS 192.00 65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASES 456.98 65065 WENTWORTH TIRE SERVICE NEW TIRES 1,349.04 65065 WENTWORTH TIRE SERVICE RECAP TIRE 139.50 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 168.00 65065 WENTWORTH TIRE SERVICE TIRE SERVICE 168.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 68.86 7710 MAJOR MAINTENANCE Total 60,947.15 600 FLEET SERVICES FUND Total 61,003.19 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 65550 CURRIE MOTORS *REPLACEMENT VEHICLE #110 20,224.00 7780 VEHICLE REPLACEMENTS Total 20,224.00 601 EQUIPMENT REPLACEMENT FUND Total 20,224.00 605 INSURANCE FUND 7800 RISK MANAGEMENT 62310 NORTH SHORE ENH OMEGA EMPLOYEE HEALTH SCREENINGS 86.00 7800 RISK MANAGEMENT Total 86.00 7801 EMPLOYEE BENEFITS 66050 HSA BANK, A DIVISION OF WEBSTER BANK N.A HAS SERVICE FEE FOR OCTOBER 2016 16.00 66054 SENIORS CHOICE SENIOR'S CHOICE NOVEMBER 2016 1,646.36 7801 EMPLOYEE BENEFITS Total 1,662.36 605 INSURANCE FUND Total 1,748.36 Grand Total 3,148,425.48 1148 of 338 CITY OF EVANSTON BILLS LIST PERIOD ENDING 10.25.2016 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 100.21705 VARIOUS RECTRAC REFUNDS 664.50 664.50 INSURANCE VARIOUS VARIOUS CASUALTY LOSS 170.72 VARIOUS VARIOUS WORKERS COMP 3,609.44 VARIOUS VARIOUS CASUALTY LOSS 411.53 VARIOUS VARIOUS WORKERS COMP 18,984.99 VARIOUS VARIOUS CASUALTY LOSS 2,557.26 VARIOUS VARIOUS WORKERS COMP 13,897.74 39,631.68 SEWER 7575.68305 IEPA LOAN DISBURSEMENT SEWER FUND 200,838.94 200,838.94 VARIOUS TWIN EAGLE NATURAL GAS-SEPTEMBER 2016 11,198.73 11,198.73 252,333.85 Grand Total 3,400,759.33 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 1249 of 338 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of October 24, 2016 Item A3.1 Business of the City by Motion: Parking Enforcement Vehicle Purchase For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Manager, Fleet Services Subject: Parking Enforcement Vehicle Purchase Date: October 11, 2016 Recommended Action: Staff recommends City Council approval for the following vehicle replacement purchases for the Administrative Services Department (Parking Enforcement). This purchase consists of one (1) replacement vehicle from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL 60423) in the amount of $20,224. Funding Source: Funding for one (1) vehicle will be from the Equipment Replacement Fund (Account 601.19.7780.65550) in the amount of $20,224. Insurance claims have been filed for the replacement cost with USAA Insurance group, holder of striking vehicle policy. Payment for the new vehicle will be forthcoming with an approximate totaled value of $20,091.50. Livability Benefits: Innovation & Process: Support local government best practices and processes Summary: The details of the vehicles/units to be replaced follow. Department/Division Unit # Description Model Year Condition Original Purchase Price L.T.D. Repair $$’s L.T.D. Mileage Admin. Services Parking Enforcement 110 Ford Escape. 2012 Totaled $19,513 N/A 12,765 The recommended replacement unit purchase is as follows: The vehicle listed above for replacement is to support daily operations for the Administrative Service Department, Parking/Fleet Division, and Parking Enforcement. The vehicle replaces unit #110 which was totaled in an accident on September 17, 2016 Memorandum 50 of 338 at Lincoln Street and Ridge Avenue. The vehicle is crucial for safe, reliable, environmentally friendly, and cost effective operations. The Ford Escape (#110) is a 4- cylinder unit replacement. The unit will be fueled with 87 octane fuel. The Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner, Currie Motors, will be utilized for the purchase of the vehicle. Currie Motors has been a responsive and responsible bid winner of the N.W.M.C. for many years and as such, have provided efficient turn-around to our ordering and timely delivery needs. There are no Evanston based businesses that can provide these types of vehicles/equipment with these types of unit pricing. Attachments Specifications & pricing for one (1) replacement vehicle purchase. Accident Report 16-27334. 51 of 338 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 Customer Proposal Prepared for: City Of Evanston Prepared by: THOMAS SULLIVAN Office: 708-479-1100 Date: 10/08/2016 Vehicle: 2017 Escape S 4dr FWD 152 of 338 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: City Of Evanston By: THOMAS SULLIVAN Date: 10/08/2016 | Price Level: 745 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 2017 Escape, Sport Utility 4dr FWD S(U0F) Description MSRP Base Vehicle Base Vehicle Price (U0F)$23,600.00 Packages Equipment Group 100A N/C Includes: - Transmission: 6-Speed Automatic w/SelectShift - 3.51 Axle Ratio - GVWR: 4,620 lbs - Tires: P235/55R17 A/S BSW Low-Rolling- Resistance. Includes mini spare tire. - Wheels: 17" Steel Wheel w/Sparkle Silver Cover - Cloth Buckets w/60/40 Split Rear Seat Includes 6-way manual driver's seat and 4-way manual passenger seat with seat back map pocket. - Radio: AM/FM Single CD/MP3 Includes 6 speakers, automatic volume control, compass and speed sensitive volume. - SYNC Communications & Entertainment System Includes enhanced voice recognition, 911 Assist, VHR, SYNC Services, AppLink, Bluetooth, steering wheel controls and smart charging USB port. Powertrain Engine: 2.5L i-VCT STD Transmission: 6-Speed Automatic w/SelectShift Included 3.51 Axle Ratio Included GVWR: 4,620 lbs Included Wheels & Tires Tires: P235/55R17 A/S BSW Included Low-Rolling- Resistance. Includes mini spare tire. Wheels: 17" Steel Wheel w/Sparkle Silver Cover Included Seats & Seat Trim Cloth Buckets w/60/40 Split Rear Seat Included Includes 6-way manual driver's seat and 4-way manual passenger seat with seat back map pocket. Other Options Monotone Paint Application STD 106" Wheelbase STD Radio: AM/FM Single CD/MP3 Included Selected Options 253 of 338 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: City Of Evanston By: THOMAS SULLIVAN Date: 10/08/2016 | Price Level: 745 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 2017 Escape, Sport Utility 4dr FWD S(U0F) Description MSRP Includes 6 speakers, automatic volume control, compass and speed sensitive volume. Includes: - SYNC Communications & Entertainment System Includes enhanced voice recognition, 911 Assist, VHR, SYNC Services, AppLink, Bluetooth, steering wheel controls and smart charging USB port. Interior Colors Charcoal Black N/C Primary Colors Oxford White N/C SUBTOTAL $23,600.00 Destination Charge $895.00 TOTAL $24,495.00 Selected Options (cont'd) 354 of 338 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: City Of Evanston By: THOMAS SULLIVAN Date: 10/08/2016 | Price Level: 745 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 2017 Escape, Sport Utility 4dr FWD S(U0F) Warranty Basic Distance 36000 miles Months 36 months Powertrain Distance 60000 miles Months 60 months Corrosion Perforation Distance Unlimited miles Months 60 months Roadside Assistance Distance 60000 miles Months 60 months Warranty - Standard Equipment & Specs 455 of 338 Prices and content availability as shown are subject to change and should be treated as estimates only. Actual base vehicle, package and option pricing may vary from this estimate because of special local pricing, availability or pricing adjustments not reflected in the dealer’s computer system. See salesperson for the most current information. Prepared for: City Of Evanston By: THOMAS SULLIVAN Date: 10/08/2016 | Price Level: 745 Currie Motors Frankfort Inc 9423 W Lincoln Hwy, Frankfort, Illinois, 604231388 Office: 708-479-1100 2017 Escape, Sport Utility 4dr FWD S(U0F) Pricing - Single Vehicle MSRP Vehicle Pricing Base Vehicle Price $23,600.00 Options & Colors $0.00 Upfitting $0.00 Destination Charge $895.00 Discount Adjustments Discount -$4,271.00 Total $20,224.00 Customer Signature Acceptance Date 556 of 338 57 of 338 58 of 338 For City Council meeting of October 24, 2016 Item A3.2 Business of the City by Motion: Purchase of Computer Hardware For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Deputy City Manager Luke Stowe, Interim Information Technology Division Manager Subject: Purchase of Cisco Hardware and Software from Heartland Business Systems and Rental of Equipment from CentricsIT Date: October 17, 2016 Recommended Action: Staff recommends City Council authorize the purchase of Cisco networking equipment and software from Heartland Business Systems (1700 Stephen Street, Little Chute, WI ) in the amount of $40,887.60 and the rental of networking hardware from CentricsIT (3140 Northwoods Parkway, Norcross, GA) in the amount of $5,500 to complete the core networking replacement project. Total cost of this project is $46,387.60. Funding Source: Funding is provided through Capital Improvement Fund 4150.65515. The 2016 Budget included a $500,000 transfer to the Capital Improvement Fund. Although this transfer was allocated to the FY2016 Capital Improvement Plan, not all projects will be completed by year end. Staff will adjust the 2016 and 2017 Capital Improvement Fund to pay for this expense. • The ETHS/Church Street Bike Path Project has been deferred to another year. Funding of $50,000 is available in 2016 for the core router project. Livability Benefits: Health and Safety: Improve emergency prevention and response Summary: In June 2015 the City began a project for replacement and improvement of the City’s core router networking system, which provides data and voice communication service to over 20 City sites through an interconnected fiber optic network. This is the final phase of the project which will bring Police and Fire Administration into the new system. The proposed purchase will enhance network redundancy throughout all City departments and facilities, as well as provide IT staff with support from manufactures on parts and services. Memorandum 59 of 338 Heartland Business Systems was selected in June 2015 to do the initial work on the first 20 sites. Heartland Business Systems has consistently provided the City with the most competitively priced quotes for other Cisco purchases. They possess proven technical expertise of our systems through work on past projects. By leveraging Heartland Business Systems as a preferred vendor, the City was able to secure a quote that reflects a 49.5% discount from retail pricing on Cisco hardware. Cisco networking equipment was selected to maintain continuity and compatibility with current network technology infrastructure, as well as staff’s technical areas of expertise. Cisco is a recognized global leader in networking hardware and support. Rental of the SAN (Storage Area Network) is needed to avoid taking the entire City network down for several hours and also reduces our risk as we bring the City back up. The purchase includes the following components and their costs. Items Cost (1) Cisco Core Switch 1 $11,795.70 (2) Cisco Core Switch 2 $11,795.70 (2) Cisco Core Switch – 4 SFP $8,069.88 (3) Cisco Core Switch Additional PS & SFP $9,226.32 (4) SAN Rental $5,500 Total Cost $46,387.60 Alternatives: There are no realistic alternatives that preserve network security and provide network redundancy and enhanced functionality. ------------------------------------------------------------------------------------- Attachment: Heartland Business Systems Quotes CentricsIT SAN Rental Quote 60 of 338 Prepared By: Heartland Business Systems Robyn O'Halloran 1700 Stephen St Little Chute, WI 54140 P: 630-786-6067 E: rohalloran@hbs.net Prepared For: City of Evanston Dmitry Shub 2100 Ridge Ave Evanston, IL 60201 P: (847) 866-2935 E: dshub@cityofevanston.org Cisco Core Switch 1 Quote #005586 v1 09.19.2016 Expires: Date Issued: 08.22.2016 Ext. PriceQtyPriceHardware/Software $10,605.001$10,605.00CATALYST 3850 24PORT 10G FIBER SWITCH IP BASEWS-C3850-24XS-S $1,190.701$1,190.70CCW ONLY SMARTNET NBD 8X5 CISCO CATALYST 3850 24 PORT 10G FIBER SW CON-SNT-WSCX3852 $11,795.70Subtotal: AmountQuote Summary $11,795.70Hardware/Software $11,795.70Total By providing your “E-Signature,” you are herein providing an electronic signature and thus acknowledging that you have reviewed the above proposal and are accepting the Terms and Conditions contained therein. You acknowledge and understand that your electronic signature is the legal equivalent of your manual signature; you hereby agree that your use of a key pad, mouse or other device used to provide your “E-Signature” constitutes your signature, acceptance, and agreement to the same extent as if you actually signed in writing. By providing your “E-Signature” you warrant that you have the express authority to execute this agreement and legally bind your organization to the above proposal and terms. Acceptance DateSignaturePrint Name / Title 08/22/2016Dmitry Shub, Page 1 of 4Quote #005586 v1 61 of 338 HTG Standard Terms & Conditions STANDARD TERMS AND CONDITIONS The parties to this agreement are Heartland Business Systems, LLC., and its affiliate Avastone Technologies, LLC (“Heartland” or “Avastone” or “Seller”), with corporate headquarters located at 1700 Stephen Street, Little Chute WI 54140, and customer (Buyer) who purchases products and/or services from Heartland or Avastone. 1.ACCEPTANCE. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland and/or Avastone. 2.PAYMENT AND TERMS. All invoices provided by Seller to Buyer shall be paid within 30 days of the invoice date with the exception of Service Block invoices. Service Block invoices shall be paid upon receipt of the invoice. A service charge of $35.00 will be assessed for each check that is returned for insufficient funds. 3.FORCE MAJEURE. Heartland's performance hereunder shall be excused if such nonperformance or delay of performance is due to causes beyond the reasonable control of Heartland and is the direct or indirect result of, but not limited to, acts of God, acts of the public enemy, acts of the United States of America, or any state, territory or political subdivision thereof or of the State of Wisconsin, fires, war, riots, terrorism, floods, epidemics, quarantine restrictions, insurrection, strikes, labor shortage, materials shortage or freight embargoes. Any delay in performance due to the force majeure occurrence shall extend the period for performance for the duration of the delay. 4.SHIPPING. With respect to any products that are to be shipped, shipment shall be FOB Seller's place of business, by common or contract carrier, or, in the case of drop shipment, FOB a manufacturer’s or distributor’s place of business, by common or contract carrier. Freight charges shall be Buyer's responsibility. "Delivery," as that term is used in this proposal and any resulting contract, shall be deemed completed when the goods have been placed into the hands of the common or contract carrier. 5.WARRANTY. Any hardware, software, or parts sold to Buyer may be subject to a warranty made by the manufacturer or other third party to Buyer and, if so, the terms and conditions of such warranty are embodied in other documents. Buyer acknowledges that Seller is not a party to any such warranty, and that any rights or remedies that Buyer may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against the Seller. SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION BY THE SELLER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, EXCEPT AS ARE EXPRESSLY CONTAINED HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE PRODUCTS OR SERVICES SOLD HEREUNDER ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 6.PROFESSIONAL SERVICES. Heartland may provide professional services as requested by the Buyer. All services provided by Heartland, which include labor and travel charges, are subject to the terms and conditions as set forth in this agreement. Services provided by Seller to Buyer may be covered under a manufacturer or other third party warranty, may be applied to a pre-paid Service Block purchased by the Buyer, or may be billed out to the Buyer at the then- prevailing hourly rate. Regardless whether the services are covered under warranty, applied to a Service Block or billed out at an hourly rate, all terms of this agreement apply. Heartland’s records shall be the sole measurement of professional services and/or time expended by Heartland. 1.Warranty. If services provided are in connection with a problem that is covered by a manufacturer or other third party warranty, then such services shall not be counted against a Service Block or billed out at the then- prevailing hourly rate, to the extent of the warranty coverage. Please refer to your manufacturer or third party provided documentation which will define what is covered under warranty. Any labor or travel provided that is not covered under the manufacturer or third party warranty will be applied to a Service Block or billed out at the then- Page 2 of 4Quote #005586 v1 62 of 338 prevailing hourly rate, whichever applies. 1.Service Blocks. Buyer may choose to purchase a pre-paid Service Block from Seller. When a Service Block is purchased, labor and travel charges incurred will be applied against the service block. Buyer will receive informational invoices detailing the services as they are provided. 1.When a pre-paid Service Block is exhausted an additional Service Block may be purchased. If an additional Service Block is not purchased, then services will be billed out at the then-prevailing hourly rate. 2.Either party may terminate a pre-paid Service Block by giving notice to the other, in writing by mail to the party’s last known address, of such intent. If this agreement is terminated before the Service Block is expended, then Heartland shall refund 75% of the unused portion of the fee and may retain the balance. 2.Hourly Rate. Should services provided not be covered under a manufacturer or third party warranty or should the Buyer not have purchased or not have time available on a Service Block then all labor and travel will be billed out at Heartland’s then-prevailing hourly rate. PROFESSIONAL SERVICE ESTIMATES. At times, Buyer may request time estimates for service situations. Heartland will provide a best estimate based upon the information that is known at the time of the request. This is to be considered an estimate for service only and not a guarantee. Actual service hours may be less or may be more than the estimate provided. 8.FOUR-HOUR RESPONSE. For calls received on normal business days, excluding holidays, Heartland will use its best effort to respond to the Buyer’s request for service within four business hours (the hours between 8:00 a.m. and 5:00 p.m. CT) of the Buyer’s request. 9.ASSIGNABILITY. Heartland may delegate all, or any part of, its duties hereunder to a subcontractor. 10.EXCLUDED EQUIPMENT. Heartland may discontinue providing services with respect to any hardware for which it can no longer readily obtain repair parts or technical assistance. 11.BUYER’S RESPONSIBILITY. Buyer shall use its best efforts to cooperate with Heartland in connection with Seller’s carrying out its duties hereunder, and Buyer shall refrain from any act or omission that could frustrate Heartland’s performance. In that regard, but not by way of limitation, Buyer shall designate one employee for each location at which services are expected to be rendered under this agreement, with full authority to act for Buyer in the event that Buyer’s input is required in order to affect any aspect of the services provided hereunder. 12.BUYER’S WARRANTY AS TO PROPER LICENSING. Buyer warrants and represents to Seller that it possesses a proper license for all software being used by Buyer's organization and shall hold Heartland harmless from any claims or suits premised upon breach of any third party’s proprietary rights with respect to such software. 13.BUYER’S WARRANTY AS TO PROPER BACKUP. Buyer warrants and represents to Seller that Buyer’s data and system has been properly backed up prior to the commencement of any services provided by Heartland and understands that the Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of improper backup situations or data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 14.NON-SOLICITATION OF HEARTLAND PERSONNEL. During the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, encourage any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this agreement, to terminate his or her employment with Heartland. In addition, during the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, solicit any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, for employment which would end or diminish that employee’s service with Heartland. Buyer acknowledges that Heartland will suffer irreparable harm as a result of Buyer’s violation of this paragraph and that may bring an action for injunctive relief and/or actual damages to enforce this provision. 15.SUSPENSION OF PRODUCTS AND/OR SERVICES. Heartland may, at its option, suspend providing products and/or services hereunder in the event that the Buyer is delinquent on payment of any outstanding invoices. 16.EXCLUSIVE REMEDY/LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s liability for breach of this agreement, or breach of any warranty, express or implied, found to have been made in connection with this agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder; Page 3 of 4Quote #005586 v1 63 of 338 Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 17.ACCEPTANCE OF PRODUCTS. Buyer shall be deemed to have irrevocably accepted the products and services sold hereunder if Buyer has not given to Seller a written notice of rejection, describing the basis for rejection, within 10 business days after delivery. 18.CHOICE OF LAW. This agreement, and any claim arising under it, or related to the transaction evidenced by it, shall be construed and determined under the laws of Wisconsin, without regard to conflict of laws principles. 19.ATTORNEY FEES. In the event that legal action is taken by either party upon any claim arising from this agreement or in any way related to the transaction that is evidenced by this agreement, Seller shall, if it prevails, be entitled to recover from Buyer its actual reasonable attorney fees incurred in connection therewith. 20.SEVERABILITY. If any portion of this Agreement is determined by a court or government agency having competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect to the extent permitted by law. 21.BINDING EFFECT. This agreement shall bind and inure to the benefit of the parties, and their respective heirs, successors, personal representatives, beneficiaries and assigns. 22.ADDITIONAL WORK. In the event that while in the process of providing the products or services covered by this agreement, Seller agrees to provide additional products or service not specifically covered by this agreement, the terms and conditions of this agreement shall govern, unless otherwise provided in writing. 23.ENTIRE AGREEMENT. This is the entire agreement of the parties respecting the sale of the products or services, sold by Seller to Buyer. No modification, addition, or amendment shall be binding unless in writing and signed by both parties. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Seller. Authorized Customer Signature: Date: Customer Name and Title (printed): Company Name: Company Address: Company City, State, and Zip Company Phone Number:( ) Company Fax Number:( ) ----------------------------------------------------------------------------------------------------------------------------------------- Heartland Business Systems, LLC and/or Avastone Technologies, LLC Authorized Signature : Date: R030113 Page 4 of 4Quote #005586 v1 64 of 338 Prepared By: Heartland Business Systems Robyn O'Halloran 1700 Stephen St Little Chute, WI 54140 P: 630-786-6067 E: rohalloran@hbs.net Prepared For: City of Evanston Dmitry Shub 2100 Ridge Ave Evanston, IL 60201 P: (847) 866-2935 E: dshub@cityofevanston.org Cisco Core Switch 2 Quote #005587 v1 09.19.2016 Expires: Date Issued: 08.22.2016 Ext. PriceQtyPriceHardware/Software $10,605.001$10,605.00CATALYST 3850 24PORT 10G FIBER SWITCH IP BASEWS-C3850-24XS-S $1,190.701$1,190.70CCW ONLY SMARTNET NBD 8X5 CISCO CATALYST 3850 24 PORT 10G FIBER SW CON-SNT-WSCX3852 $11,795.70Subtotal: AmountQuote Summary $11,795.70Hardware/Software $11,795.70Total By providing your “E-Signature,” you are herein providing an electronic signature and thus acknowledging that you have reviewed the above proposal and are accepting the Terms and Conditions contained therein. You acknowledge and understand that your electronic signature is the legal equivalent of your manual signature; you hereby agree that your use of a key pad, mouse or other device used to provide your “E-Signature” constitutes your signature, acceptance, and agreement to the same extent as if you actually signed in writing. By providing your “E-Signature” you warrant that you have the express authority to execute this agreement and legally bind your organization to the above proposal and terms. Acceptance DateSignaturePrint Name / Title 08/22/2016Dmitry Shub, Page 1 of 4Quote #005587 v1 65 of 338 HTG Standard Terms & Conditions STANDARD TERMS AND CONDITIONS The parties to this agreement are Heartland Business Systems, LLC., and its affiliate Avastone Technologies, LLC (“Heartland” or “Avastone” or “Seller”), with corporate headquarters located at 1700 Stephen Street, Little Chute WI 54140, and customer (Buyer) who purchases products and/or services from Heartland or Avastone. 1.ACCEPTANCE. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland and/or Avastone. 2.PAYMENT AND TERMS. All invoices provided by Seller to Buyer shall be paid within 30 days of the invoice date with the exception of Service Block invoices. Service Block invoices shall be paid upon receipt of the invoice. A service charge of $35.00 will be assessed for each check that is returned for insufficient funds. 3.FORCE MAJEURE. Heartland's performance hereunder shall be excused if such nonperformance or delay of performance is due to causes beyond the reasonable control of Heartland and is the direct or indirect result of, but not limited to, acts of God, acts of the public enemy, acts of the United States of America, or any state, territory or political subdivision thereof or of the State of Wisconsin, fires, war, riots, terrorism, floods, epidemics, quarantine restrictions, insurrection, strikes, labor shortage, materials shortage or freight embargoes. Any delay in performance due to the force majeure occurrence shall extend the period for performance for the duration of the delay. 4.SHIPPING. With respect to any products that are to be shipped, shipment shall be FOB Seller's place of business, by common or contract carrier, or, in the case of drop shipment, FOB a manufacturer’s or distributor’s place of business, by common or contract carrier. Freight charges shall be Buyer's responsibility. "Delivery," as that term is used in this proposal and any resulting contract, shall be deemed completed when the goods have been placed into the hands of the common or contract carrier. 5.WARRANTY. Any hardware, software, or parts sold to Buyer may be subject to a warranty made by the manufacturer or other third party to Buyer and, if so, the terms and conditions of such warranty are embodied in other documents. Buyer acknowledges that Seller is not a party to any such warranty, and that any rights or remedies that Buyer may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against the Seller. SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION BY THE SELLER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, EXCEPT AS ARE EXPRESSLY CONTAINED HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE PRODUCTS OR SERVICES SOLD HEREUNDER ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 6.PROFESSIONAL SERVICES. Heartland may provide professional services as requested by the Buyer. All services provided by Heartland, which include labor and travel charges, are subject to the terms and conditions as set forth in this agreement. Services provided by Seller to Buyer may be covered under a manufacturer or other third party warranty, may be applied to a pre-paid Service Block purchased by the Buyer, or may be billed out to the Buyer at the then- prevailing hourly rate. Regardless whether the services are covered under warranty, applied to a Service Block or billed out at an hourly rate, all terms of this agreement apply. Heartland’s records shall be the sole measurement of professional services and/or time expended by Heartland. 1.Warranty. If services provided are in connection with a problem that is covered by a manufacturer or other third party warranty, then such services shall not be counted against a Service Block or billed out at the then- prevailing hourly rate, to the extent of the warranty coverage. Please refer to your manufacturer or third party provided documentation which will define what is covered under warranty. Any labor or travel provided that is not covered under the manufacturer or third party warranty will be applied to a Service Block or billed out at the then- Page 2 of 4Quote #005587 v1 66 of 338 prevailing hourly rate, whichever applies. 1.Service Blocks. Buyer may choose to purchase a pre-paid Service Block from Seller. When a Service Block is purchased, labor and travel charges incurred will be applied against the service block. Buyer will receive informational invoices detailing the services as they are provided. 1.When a pre-paid Service Block is exhausted an additional Service Block may be purchased. If an additional Service Block is not purchased, then services will be billed out at the then-prevailing hourly rate. 2.Either party may terminate a pre-paid Service Block by giving notice to the other, in writing by mail to the party’s last known address, of such intent. If this agreement is terminated before the Service Block is expended, then Heartland shall refund 75% of the unused portion of the fee and may retain the balance. 2.Hourly Rate. Should services provided not be covered under a manufacturer or third party warranty or should the Buyer not have purchased or not have time available on a Service Block then all labor and travel will be billed out at Heartland’s then-prevailing hourly rate. PROFESSIONAL SERVICE ESTIMATES. At times, Buyer may request time estimates for service situations. Heartland will provide a best estimate based upon the information that is known at the time of the request. This is to be considered an estimate for service only and not a guarantee. Actual service hours may be less or may be more than the estimate provided. 8.FOUR-HOUR RESPONSE. For calls received on normal business days, excluding holidays, Heartland will use its best effort to respond to the Buyer’s request for service within four business hours (the hours between 8:00 a.m. and 5:00 p.m. CT) of the Buyer’s request. 9.ASSIGNABILITY. Heartland may delegate all, or any part of, its duties hereunder to a subcontractor. 10.EXCLUDED EQUIPMENT. Heartland may discontinue providing services with respect to any hardware for which it can no longer readily obtain repair parts or technical assistance. 11.BUYER’S RESPONSIBILITY. Buyer shall use its best efforts to cooperate with Heartland in connection with Seller’s carrying out its duties hereunder, and Buyer shall refrain from any act or omission that could frustrate Heartland’s performance. In that regard, but not by way of limitation, Buyer shall designate one employee for each location at which services are expected to be rendered under this agreement, with full authority to act for Buyer in the event that Buyer’s input is required in order to affect any aspect of the services provided hereunder. 12.BUYER’S WARRANTY AS TO PROPER LICENSING. Buyer warrants and represents to Seller that it possesses a proper license for all software being used by Buyer's organization and shall hold Heartland harmless from any claims or suits premised upon breach of any third party’s proprietary rights with respect to such software. 13.BUYER’S WARRANTY AS TO PROPER BACKUP. Buyer warrants and represents to Seller that Buyer’s data and system has been properly backed up prior to the commencement of any services provided by Heartland and understands that the Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of improper backup situations or data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 14.NON-SOLICITATION OF HEARTLAND PERSONNEL. During the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, encourage any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this agreement, to terminate his or her employment with Heartland. In addition, during the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, solicit any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, for employment which would end or diminish that employee’s service with Heartland. Buyer acknowledges that Heartland will suffer irreparable harm as a result of Buyer’s violation of this paragraph and that may bring an action for injunctive relief and/or actual damages to enforce this provision. 15.SUSPENSION OF PRODUCTS AND/OR SERVICES. Heartland may, at its option, suspend providing products and/or services hereunder in the event that the Buyer is delinquent on payment of any outstanding invoices. 16.EXCLUSIVE REMEDY/LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s liability for breach of this agreement, or breach of any warranty, express or implied, found to have been made in connection with this agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder; Page 3 of 4Quote #005587 v1 67 of 338 Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 17.ACCEPTANCE OF PRODUCTS. Buyer shall be deemed to have irrevocably accepted the products and services sold hereunder if Buyer has not given to Seller a written notice of rejection, describing the basis for rejection, within 10 business days after delivery. 18.CHOICE OF LAW. This agreement, and any claim arising under it, or related to the transaction evidenced by it, shall be construed and determined under the laws of Wisconsin, without regard to conflict of laws principles. 19.ATTORNEY FEES. In the event that legal action is taken by either party upon any claim arising from this agreement or in any way related to the transaction that is evidenced by this agreement, Seller shall, if it prevails, be entitled to recover from Buyer its actual reasonable attorney fees incurred in connection therewith. 20.SEVERABILITY. If any portion of this Agreement is determined by a court or government agency having competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect to the extent permitted by law. 21.BINDING EFFECT. This agreement shall bind and inure to the benefit of the parties, and their respective heirs, successors, personal representatives, beneficiaries and assigns. 22.ADDITIONAL WORK. In the event that while in the process of providing the products or services covered by this agreement, Seller agrees to provide additional products or service not specifically covered by this agreement, the terms and conditions of this agreement shall govern, unless otherwise provided in writing. 23.ENTIRE AGREEMENT. This is the entire agreement of the parties respecting the sale of the products or services, sold by Seller to Buyer. No modification, addition, or amendment shall be binding unless in writing and signed by both parties. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Seller. Authorized Customer Signature: Date: Customer Name and Title (printed): Company Name: Company Address: Company City, State, and Zip Company Phone Number:( ) Company Fax Number:( ) ----------------------------------------------------------------------------------------------------------------------------------------- Heartland Business Systems, LLC and/or Avastone Technologies, LLC Authorized Signature : Date: R030113 Page 4 of 4Quote #005587 v1 68 of 338 Prepared By: Heartland Business Systems Robyn O'Halloran 1700 Stephen St Little Chute, WI 54140 P: 630-786-6067 E: rohalloran@hbs.net Prepared For: City of Evanston Dmitry Shub 2100 Ridge Ave Evanston, IL 60201 P: (847) 866-2935 E: dshub@cityofevanston.org Cisco Core Switch - (4) SFP Quote #005588 v1 09.19.2016 Expires: Date Issued: 08.22.2016 Ext. PriceQtyPriceHardware/Software $8,069.884$2,017.4710GBASE-LR SFP MODULESFP-10G-LR= $8,069.88Subtotal: AmountQuote Summary $8,069.88Hardware/Software $8,069.88Total By providing your “E-Signature,” you are herein providing an electronic signature and thus acknowledging that you have reviewed the above proposal and are accepting the Terms and Conditions contained therein. You acknowledge and understand that your electronic signature is the legal equivalent of your manual signature; you hereby agree that your use of a key pad, mouse or other device used to provide your “E-Signature” constitutes your signature, acceptance, and agreement to the same extent as if you actually signed in writing. By providing your “E-Signature” you warrant that you have the express authority to execute this agreement and legally bind your organization to the above proposal and terms. Acceptance DateSignaturePrint Name / Title 08/22/2016Dmitry Shub, Page 1 of 4Quote #005588 v1 69 of 338 HTG Standard Terms & Conditions STANDARD TERMS AND CONDITIONS The parties to this agreement are Heartland Business Systems, LLC., and its affiliate Avastone Technologies, LLC (“Heartland” or “Avastone” or “Seller”), with corporate headquarters located at 1700 Stephen Street, Little Chute WI 54140, and customer (Buyer) who purchases products and/or services from Heartland or Avastone. 1.ACCEPTANCE. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland and/or Avastone. 2.PAYMENT AND TERMS. All invoices provided by Seller to Buyer shall be paid within 30 days of the invoice date with the exception of Service Block invoices. Service Block invoices shall be paid upon receipt of the invoice. A service charge of $35.00 will be assessed for each check that is returned for insufficient funds. 3.FORCE MAJEURE. Heartland's performance hereunder shall be excused if such nonperformance or delay of performance is due to causes beyond the reasonable control of Heartland and is the direct or indirect result of, but not limited to, acts of God, acts of the public enemy, acts of the United States of America, or any state, territory or political subdivision thereof or of the State of Wisconsin, fires, war, riots, terrorism, floods, epidemics, quarantine restrictions, insurrection, strikes, labor shortage, materials shortage or freight embargoes. Any delay in performance due to the force majeure occurrence shall extend the period for performance for the duration of the delay. 4.SHIPPING. With respect to any products that are to be shipped, shipment shall be FOB Seller's place of business, by common or contract carrier, or, in the case of drop shipment, FOB a manufacturer’s or distributor’s place of business, by common or contract carrier. Freight charges shall be Buyer's responsibility. "Delivery," as that term is used in this proposal and any resulting contract, shall be deemed completed when the goods have been placed into the hands of the common or contract carrier. 5.WARRANTY. Any hardware, software, or parts sold to Buyer may be subject to a warranty made by the manufacturer or other third party to Buyer and, if so, the terms and conditions of such warranty are embodied in other documents. Buyer acknowledges that Seller is not a party to any such warranty, and that any rights or remedies that Buyer may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against the Seller. SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION BY THE SELLER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, EXCEPT AS ARE EXPRESSLY CONTAINED HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE PRODUCTS OR SERVICES SOLD HEREUNDER ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 6.PROFESSIONAL SERVICES. Heartland may provide professional services as requested by the Buyer. All services provided by Heartland, which include labor and travel charges, are subject to the terms and conditions as set forth in this agreement. Services provided by Seller to Buyer may be covered under a manufacturer or other third party warranty, may be applied to a pre-paid Service Block purchased by the Buyer, or may be billed out to the Buyer at the then- prevailing hourly rate. Regardless whether the services are covered under warranty, applied to a Service Block or billed out at an hourly rate, all terms of this agreement apply. Heartland’s records shall be the sole measurement of professional services and/or time expended by Heartland. 1.Warranty. If services provided are in connection with a problem that is covered by a manufacturer or other third party warranty, then such services shall not be counted against a Service Block or billed out at the then- prevailing hourly rate, to the extent of the warranty coverage. Please refer to your manufacturer or third party provided documentation which will define what is covered under warranty. Any labor or travel provided that is not covered under the manufacturer or third party warranty will be applied to a Service Block or billed out at the then- Page 2 of 4Quote #005588 v1 70 of 338 prevailing hourly rate, whichever applies. 1.Service Blocks. Buyer may choose to purchase a pre-paid Service Block from Seller. When a Service Block is purchased, labor and travel charges incurred will be applied against the service block. Buyer will receive informational invoices detailing the services as they are provided. 1.When a pre-paid Service Block is exhausted an additional Service Block may be purchased. If an additional Service Block is not purchased, then services will be billed out at the then-prevailing hourly rate. 2.Either party may terminate a pre-paid Service Block by giving notice to the other, in writing by mail to the party’s last known address, of such intent. If this agreement is terminated before the Service Block is expended, then Heartland shall refund 75% of the unused portion of the fee and may retain the balance. 2.Hourly Rate. Should services provided not be covered under a manufacturer or third party warranty or should the Buyer not have purchased or not have time available on a Service Block then all labor and travel will be billed out at Heartland’s then-prevailing hourly rate. PROFESSIONAL SERVICE ESTIMATES. At times, Buyer may request time estimates for service situations. Heartland will provide a best estimate based upon the information that is known at the time of the request. This is to be considered an estimate for service only and not a guarantee. Actual service hours may be less or may be more than the estimate provided. 8.FOUR-HOUR RESPONSE. For calls received on normal business days, excluding holidays, Heartland will use its best effort to respond to the Buyer’s request for service within four business hours (the hours between 8:00 a.m. and 5:00 p.m. CT) of the Buyer’s request. 9.ASSIGNABILITY. Heartland may delegate all, or any part of, its duties hereunder to a subcontractor. 10.EXCLUDED EQUIPMENT. Heartland may discontinue providing services with respect to any hardware for which it can no longer readily obtain repair parts or technical assistance. 11.BUYER’S RESPONSIBILITY. Buyer shall use its best efforts to cooperate with Heartland in connection with Seller’s carrying out its duties hereunder, and Buyer shall refrain from any act or omission that could frustrate Heartland’s performance. In that regard, but not by way of limitation, Buyer shall designate one employee for each location at which services are expected to be rendered under this agreement, with full authority to act for Buyer in the event that Buyer’s input is required in order to affect any aspect of the services provided hereunder. 12.BUYER’S WARRANTY AS TO PROPER LICENSING. Buyer warrants and represents to Seller that it possesses a proper license for all software being used by Buyer's organization and shall hold Heartland harmless from any claims or suits premised upon breach of any third party’s proprietary rights with respect to such software. 13.BUYER’S WARRANTY AS TO PROPER BACKUP. Buyer warrants and represents to Seller that Buyer’s data and system has been properly backed up prior to the commencement of any services provided by Heartland and understands that the Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of improper backup situations or data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 14.NON-SOLICITATION OF HEARTLAND PERSONNEL. During the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, encourage any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this agreement, to terminate his or her employment with Heartland. In addition, during the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, solicit any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, for employment which would end or diminish that employee’s service with Heartland. Buyer acknowledges that Heartland will suffer irreparable harm as a result of Buyer’s violation of this paragraph and that may bring an action for injunctive relief and/or actual damages to enforce this provision. 15.SUSPENSION OF PRODUCTS AND/OR SERVICES. Heartland may, at its option, suspend providing products and/or services hereunder in the event that the Buyer is delinquent on payment of any outstanding invoices. 16.EXCLUSIVE REMEDY/LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s liability for breach of this agreement, or breach of any warranty, express or implied, found to have been made in connection with this agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder; Page 3 of 4Quote #005588 v1 71 of 338 Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 17.ACCEPTANCE OF PRODUCTS. Buyer shall be deemed to have irrevocably accepted the products and services sold hereunder if Buyer has not given to Seller a written notice of rejection, describing the basis for rejection, within 10 business days after delivery. 18.CHOICE OF LAW. This agreement, and any claim arising under it, or related to the transaction evidenced by it, shall be construed and determined under the laws of Wisconsin, without regard to conflict of laws principles. 19.ATTORNEY FEES. In the event that legal action is taken by either party upon any claim arising from this agreement or in any way related to the transaction that is evidenced by this agreement, Seller shall, if it prevails, be entitled to recover from Buyer its actual reasonable attorney fees incurred in connection therewith. 20.SEVERABILITY. If any portion of this Agreement is determined by a court or government agency having competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect to the extent permitted by law. 21.BINDING EFFECT. This agreement shall bind and inure to the benefit of the parties, and their respective heirs, successors, personal representatives, beneficiaries and assigns. 22.ADDITIONAL WORK. In the event that while in the process of providing the products or services covered by this agreement, Seller agrees to provide additional products or service not specifically covered by this agreement, the terms and conditions of this agreement shall govern, unless otherwise provided in writing. 23.ENTIRE AGREEMENT. This is the entire agreement of the parties respecting the sale of the products or services, sold by Seller to Buyer. No modification, addition, or amendment shall be binding unless in writing and signed by both parties. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Seller. Authorized Customer Signature: Date: Customer Name and Title (printed): Company Name: Company Address: Company City, State, and Zip Company Phone Number:( ) Company Fax Number:( ) ----------------------------------------------------------------------------------------------------------------------------------------- Heartland Business Systems, LLC and/or Avastone Technologies, LLC Authorized Signature : Date: R030113 Page 4 of 4Quote #005588 v1 72 of 338 Prepared By: Heartland Business Systems Robyn O'Halloran 1700 Stephen St Little Chute, WI 54140 P: 630-786-6067 E: rohalloran@hbs.net Prepared For: City of Evanston Dmitry Shub 2100 Ridge Ave Evanston, IL 60201 P: (847) 866-2935 E: dshub@cityofevanston.org Cisco Core Switch Additional PS and SFP Quote #005598 v1 09.19.2016 Expires: Date Issued: 08.22.2016 Ext. PriceQtyPriceHardware/Software $5,024.8010$502.4810GBASE-LRM SFP MODULESFP-10G-LRM= $1,010.002$505.00715W AC POWER SUPPLYPWR-C1-715WAC= $3,191.5216$199.471000BASE-T SFPGLC-T= $9,226.32Subtotal: AmountQuote Summary $9,226.32Hardware/Software $9,226.32Total By providing your “E-Signature,” you are herein providing an electronic signature and thus acknowledging that you have reviewed the above proposal and are accepting the Terms and Conditions contained therein. You acknowledge and understand that your electronic signature is the legal equivalent of your manual signature; you hereby agree that your use of a key pad, mouse or other device used to provide your “E-Signature” constitutes your signature, acceptance, and agreement to the same extent as if you actually signed in writing. By providing your “E-Signature” you warrant that you have the express authority to execute this agreement and legally bind your organization to the above proposal and terms. Acceptance DateSignaturePrint Name / Title 08/22/2016Dmitry Shub, Page 1 of 4Quote #005598 v1 73 of 338 HTG Standard Terms & Conditions STANDARD TERMS AND CONDITIONS The parties to this agreement are Heartland Business Systems, LLC., and its affiliate Avastone Technologies, LLC (“Heartland” or “Avastone” or “Seller”), with corporate headquarters located at 1700 Stephen Street, Little Chute WI 54140, and customer (Buyer) who purchases products and/or services from Heartland or Avastone. 1.ACCEPTANCE. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Heartland and/or Avastone. 2.PAYMENT AND TERMS. All invoices provided by Seller to Buyer shall be paid within 30 days of the invoice date with the exception of Service Block invoices. Service Block invoices shall be paid upon receipt of the invoice. A service charge of $35.00 will be assessed for each check that is returned for insufficient funds. 3.FORCE MAJEURE. Heartland's performance hereunder shall be excused if such nonperformance or delay of performance is due to causes beyond the reasonable control of Heartland and is the direct or indirect result of, but not limited to, acts of God, acts of the public enemy, acts of the United States of America, or any state, territory or political subdivision thereof or of the State of Wisconsin, fires, war, riots, terrorism, floods, epidemics, quarantine restrictions, insurrection, strikes, labor shortage, materials shortage or freight embargoes. Any delay in performance due to the force majeure occurrence shall extend the period for performance for the duration of the delay. 4.SHIPPING. With respect to any products that are to be shipped, shipment shall be FOB Seller's place of business, by common or contract carrier, or, in the case of drop shipment, FOB a manufacturer’s or distributor’s place of business, by common or contract carrier. Freight charges shall be Buyer's responsibility. "Delivery," as that term is used in this proposal and any resulting contract, shall be deemed completed when the goods have been placed into the hands of the common or contract carrier. 5.WARRANTY. Any hardware, software, or parts sold to Buyer may be subject to a warranty made by the manufacturer or other third party to Buyer and, if so, the terms and conditions of such warranty are embodied in other documents. Buyer acknowledges that Seller is not a party to any such warranty, and that any rights or remedies that Buyer may have pursuant to said warranty are against the manufacturer or other third party directly, and is not assertable against the Seller. SELLER MAKES NO WARRANTY WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY WARRANTY OR REPRESENTATION BY THE SELLER WITH RESPECT TO THE PRODUCTS OR SERVICES SOLD HEREUNDER, EXCEPT AS ARE EXPRESSLY CONTAINED HEREIN. ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY IMPLIED WARRANTY THAT THE PRODUCTS OR SERVICES SOLD HEREUNDER ARE FIT FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. 6.PROFESSIONAL SERVICES. Heartland may provide professional services as requested by the Buyer. All services provided by Heartland, which include labor and travel charges, are subject to the terms and conditions as set forth in this agreement. Services provided by Seller to Buyer may be covered under a manufacturer or other third party warranty, may be applied to a pre-paid Service Block purchased by the Buyer, or may be billed out to the Buyer at the then- prevailing hourly rate. Regardless whether the services are covered under warranty, applied to a Service Block or billed out at an hourly rate, all terms of this agreement apply. Heartland’s records shall be the sole measurement of professional services and/or time expended by Heartland. 1.Warranty. If services provided are in connection with a problem that is covered by a manufacturer or other third party warranty, then such services shall not be counted against a Service Block or billed out at the then- prevailing hourly rate, to the extent of the warranty coverage. Please refer to your manufacturer or third party provided documentation which will define what is covered under warranty. Any labor or travel provided that is not covered under the manufacturer or third party warranty will be applied to a Service Block or billed out at the then- Page 2 of 4Quote #005598 v1 74 of 338 prevailing hourly rate, whichever applies. 1.Service Blocks. Buyer may choose to purchase a pre-paid Service Block from Seller. When a Service Block is purchased, labor and travel charges incurred will be applied against the service block. Buyer will receive informational invoices detailing the services as they are provided. 1.When a pre-paid Service Block is exhausted an additional Service Block may be purchased. If an additional Service Block is not purchased, then services will be billed out at the then-prevailing hourly rate. 2.Either party may terminate a pre-paid Service Block by giving notice to the other, in writing by mail to the party’s last known address, of such intent. If this agreement is terminated before the Service Block is expended, then Heartland shall refund 75% of the unused portion of the fee and may retain the balance. 2.Hourly Rate. Should services provided not be covered under a manufacturer or third party warranty or should the Buyer not have purchased or not have time available on a Service Block then all labor and travel will be billed out at Heartland’s then-prevailing hourly rate. PROFESSIONAL SERVICE ESTIMATES. At times, Buyer may request time estimates for service situations. Heartland will provide a best estimate based upon the information that is known at the time of the request. This is to be considered an estimate for service only and not a guarantee. Actual service hours may be less or may be more than the estimate provided. 8.FOUR-HOUR RESPONSE. For calls received on normal business days, excluding holidays, Heartland will use its best effort to respond to the Buyer’s request for service within four business hours (the hours between 8:00 a.m. and 5:00 p.m. CT) of the Buyer’s request. 9.ASSIGNABILITY. Heartland may delegate all, or any part of, its duties hereunder to a subcontractor. 10.EXCLUDED EQUIPMENT. Heartland may discontinue providing services with respect to any hardware for which it can no longer readily obtain repair parts or technical assistance. 11.BUYER’S RESPONSIBILITY. Buyer shall use its best efforts to cooperate with Heartland in connection with Seller’s carrying out its duties hereunder, and Buyer shall refrain from any act or omission that could frustrate Heartland’s performance. In that regard, but not by way of limitation, Buyer shall designate one employee for each location at which services are expected to be rendered under this agreement, with full authority to act for Buyer in the event that Buyer’s input is required in order to affect any aspect of the services provided hereunder. 12.BUYER’S WARRANTY AS TO PROPER LICENSING. Buyer warrants and represents to Seller that it possesses a proper license for all software being used by Buyer's organization and shall hold Heartland harmless from any claims or suits premised upon breach of any third party’s proprietary rights with respect to such software. 13.BUYER’S WARRANTY AS TO PROPER BACKUP. Buyer warrants and represents to Seller that Buyer’s data and system has been properly backed up prior to the commencement of any services provided by Heartland and understands that the Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of improper backup situations or data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 14.NON-SOLICITATION OF HEARTLAND PERSONNEL. During the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, encourage any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this agreement, to terminate his or her employment with Heartland. In addition, during the term of this Agreement, and for a period of one (1) year after the termination of this Agreement by either party for whatever reason, Buyer shall not, directly or indirectly, solicit any employee of Heartland, who became known to Buyer by virtue of such employee’s providing services under this Agreement, for employment which would end or diminish that employee’s service with Heartland. Buyer acknowledges that Heartland will suffer irreparable harm as a result of Buyer’s violation of this paragraph and that may bring an action for injunctive relief and/or actual damages to enforce this provision. 15.SUSPENSION OF PRODUCTS AND/OR SERVICES. Heartland may, at its option, suspend providing products and/or services hereunder in the event that the Buyer is delinquent on payment of any outstanding invoices. 16.EXCLUSIVE REMEDY/LIMITATION OF LIABILITY. Notwithstanding any other provision herein, Seller’s liability for breach of this agreement, or breach of any warranty, express or implied, found to have been made in connection with this agreement, shall be to repair or replace, at its option, any defective hardware, software, or parts sold hereunder; Page 3 of 4Quote #005598 v1 75 of 338 Seller shall have no liability for any other damages, consequential or otherwise. Seller shall have no liability whatsoever to Buyer if computer software or computer hardware sold hereunder is subsequently upgraded, or is otherwise used with software or hardware that was not used with the software and/or hardware sold hereunder at the time of installation, or if any such software or hardware has been serviced by anyone other than Seller. Seller shall have no liability whatsoever, under any circumstances, for any damages suffered by Buyer as a result of data which has not been backed up and that is lost, for any reason, in connection with the services or use of the products sold hereunder. 17.ACCEPTANCE OF PRODUCTS. Buyer shall be deemed to have irrevocably accepted the products and services sold hereunder if Buyer has not given to Seller a written notice of rejection, describing the basis for rejection, within 10 business days after delivery. 18.CHOICE OF LAW. This agreement, and any claim arising under it, or related to the transaction evidenced by it, shall be construed and determined under the laws of Wisconsin, without regard to conflict of laws principles. 19.ATTORNEY FEES. In the event that legal action is taken by either party upon any claim arising from this agreement or in any way related to the transaction that is evidenced by this agreement, Seller shall, if it prevails, be entitled to recover from Buyer its actual reasonable attorney fees incurred in connection therewith. 20.SEVERABILITY. If any portion of this Agreement is determined by a court or government agency having competent jurisdiction to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect to the extent permitted by law. 21.BINDING EFFECT. This agreement shall bind and inure to the benefit of the parties, and their respective heirs, successors, personal representatives, beneficiaries and assigns. 22.ADDITIONAL WORK. In the event that while in the process of providing the products or services covered by this agreement, Seller agrees to provide additional products or service not specifically covered by this agreement, the terms and conditions of this agreement shall govern, unless otherwise provided in writing. 23.ENTIRE AGREEMENT. This is the entire agreement of the parties respecting the sale of the products or services, sold by Seller to Buyer. No modification, addition, or amendment shall be binding unless in writing and signed by both parties. Buyer accepts these Standard Terms and Conditions as a condition of Buyer’s purchase of services and/or products from Seller. Authorized Customer Signature: Date: Customer Name and Title (printed): Company Name: Company Address: Company City, State, and Zip Company Phone Number:( ) Company Fax Number:( ) ----------------------------------------------------------------------------------------------------------------------------------------- Heartland Business Systems, LLC and/or Avastone Technologies, LLC Authorized Signature : Date: R030113 Page 4 of 4Quote #005598 v1 76 of 338 City of Evanston Dmitry Shub 2100 Ridge Avenue Evanston, IL 60201 United States City of Evanston 2100 Ridge Avenue Evanston, IL 60201 United States Page 1 CentricsIT, LLC 3140 Northwoods Parkway Suite 700 Norcross, GA 30071 September 15, 2016 United States Phone: (877) 531-7466 SALES QUOTE NO.: Jack Belmont Valid for 30 Days SRQ29269-0 678-495-4737 jbelmont@CentricsIT.com Salesperson:3140 Northwoods Parkway Suite 700 Norcross, GA 30071 United States Fed ID No. 20-8150734 Quote Date: BUYER:SHIP TO:SELLER: FAX: 877-568-2114 Part No.Description Qty. Unit Price Total Price MONTHLY RENTAL 1 $2,000.00 $2,000.00MONTHLY RENTAL - One month rental PS6510X 10G iSCSI SAN 48x 600GB 10K SAS HDD Dual Controllers, Dual Power MONTHLY RENTAL 1 $3,500.00 $3,500.00MONTHLY RENTAL - One month rental PS6510E 10G iSCSI SAN 48x 2TB 7.2K SAS HDD Dual Controllers, Dual Power $0.00 $5,500.00 $5,500.00 $0.00 $5,500.00 Subtotal: Total: Amount Subject to Sales Tax Amount Exempt from Sales Tax Tax: Full Name: You may use this quote as a purchase order. Please sign, date, enter a PO # (if applicable) below and initial the subsequent pages. Email, fax or mail signed copy back to CentricsIT for the order to be processed. PO No.: Signature: Proprietary and Confidential – CentricsIT, LLC Title: 77 of 338 For City Council meeting of October 24, 2016 Item A3.3 Business of the City by Motion: Change Order #1 Design Services Howard Street Theatre For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Asst. City Manager/CFO Johanna Leonard, Acting Deputy City Manager Subject: Change Order #1 to Design and Architecture Services for the Proposed Howard Street Theatre Date: October 19, 2016 Recommended Action: Staff recommends that City Council authorize the City Manager to execute Change Order No. 1 to the contract for Design and Architecture Services for the Proposed Howard Street Theatre with Ross Barney Architects (10 W Hubbard St. Chicago, IL) in the amount of $12,505. This will increase the total contract amount from the original contract price of $39,865 to $52,370. Funding Source: Funding for this work will be from the Howard Ridge TIF District which has $1,000,000 budgeted in the Amended 2016 Budget for this project. Livability Benefits: Built Environment: Enhance public spaces Health & Safety: Promote healthy, active lifestyles Background: The City Council authorized the City Manager to spend up to $40,000 for architectural services on September 14, 2015, and this report is attached. Cost estimates for the actual theatre were not included in this approval and further the scope of the theatre construction project changed significantly with the unsuccessful negotiations with StrawDog Theatre Group. In order to move the project forward Staff requested Ross Barney prepare a cost estimate for a new theatre concept with Theo Ubique. Memorandum 78 of 338 Attached is a change order/estimate for the cost to produce a construction cost estimate and sample concept design plans. While the detail pages do not show the $2,735 cost for concept Plan Design, copies of the actual concept design are attached This information was critical in completing negotiations with TU for a Memorandum of Understanding, which is also on the Council Agenda for consideration. A final design concept is included in that agenda item similar to that which was provided during the initial cost estimate for the change order (included in the change order attachment). Based on this work and on the new theatre concept, the total cost of a theatre has been substantially reduced from the StrawDog concept. Legislative History: September 20, 2015 Council Report Change Order #1 from Ross Barney Architects Attachments: September 20, 2015 Council Report Change Order #1 from Ross Barney Architects 79 of 338 For City Council meeting of September 21, 2015 Item A3 Business of the City by Motion: Proposed Howard Street Theater For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Leonard, Acting Deputy City Manager Jennifer Lasik, Cultural Arts Coordinator Subject: Design and Architecture Services for the Proposed Howard Street Theatre Date: September 14, 2015 Recommended Action: Staff recommends City Council direct the City Manager to seek bids for design and architectural services to develop conceptual and bid-level drawings for the Howard Street Theatre to be located at 717-723 Howard Street. Staff further recommends that City Council authorize the City Manager to spend up $40,000 for these services, provided by the lowest responsive and responsible bidder. Funding Source: Howard Ridge TIF District Account 330.99.5860.56010. This account reflects rental income from City-owned properties along the corridor. There is currently $65,247.33 available in this account. Summary: This past spring the City engaged in a Request for Proposals to identify theatre companies interested in relocating to Evanston’s Howard Street and that have the capacity to undertake a capital campaign to help finance the relocation and build-out of theatre space. At this time, staff and the Howard Street Theatre Focus Group have identified two theatres that are interested in relocation and have the capacity to fundraise to complete a capital campaign to participate in funding the project. Currently, the property contemplated for the Howard Street Theatre is located at 717- 723 Howard Street and is comprised of four parcels. The approximate total land comprising these four parcels is 10,000 square feet. Two parcels are occupied by one building that is approximately 4,000 square feet (not including basement) that is located at 721-723 Howard Street. The other two parcels are vacant (717 Howard); an 800 square foot building previously located on the site was demolished in August. Memorandum 80 of 338 For the development of the property as a theatre, it is contemplated that an additional building would be constructed to the east of 721-723 Howard Street, on the now vacant property. The existing building and new building would accommodate a mix of a flexible theatre space that could seat up to 150 individuals, theatre offices, dressing rooms/green room, and a box office/lobby/bar, rehearsal space, storage, and a shop for set construction/prop development. A key component in the determination of which potential theatre to move forward with in negotiations is the design and development of a space plan for the 717-723 Howard Street properties. This will determine if and how the existing building and a new building could be oriented in order to accommodate the particular theatre uses of each company. Within the scope of work for the City’s architect for the Howard Street Theatre, will be to design a basic theatre space or “vanilla box” that can be flexible for any theatre company’s use. The two theatre groups can each retain and provide additional design and architecture services to orient or modify the “vanilla box” complex to suit their programs, productions, and uses. The finalized drawings and plans can then be utilized to determine the potential construction cost for the theatre space. It is contemplated that the theatre construction will be paid for through TIF and the selected theatre company’s capital campaign fundraising. Cultural Corridor: Howard Street: The development of a theater on Howard Street is in accordance with the 2012 NEA Study that recommended the development of multiple “cultural districts” in Evanston in order to best leverage Evanston’s diversity and character as well as complement its various business districts. Howard Street, with its rich history in the arts, access to public transportation and proximity to Chicago makes it a natural choice for the development of a cultural corridor. In addition, Howard Street is growing food and drink hotspots that make a natural economic partner for arts and entertainment. Recent studies by Americans for the Arts show that Chicago residents who attend cultural events spend an average of an additional twenty-five dollars per person on non- event purchases. For out-of-town visitors, the figure jumps to an average of sixty dollars per person. That, along with the shared experiences and neighborhood vibrancy that come with performing arts are a strong indicator that the creation of a thriving cultural corridor on Howard Street will contribute to the economic health and livability of Evanston. Legislative History: Resolution 45-R-15 was adopted by City Council at the May 11, 2015 meeting. Resolution 45-R-15 authorized the City Manager to initiate a Request for Proposals process for a theatre in City-owned property on Howard Street. Attachment: Map of Properties 81 of 338 700 Block of Howard Street DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,299 Made with Evanston's GIS Printed: Mar 13, 2015 12:29:07 PM82 of 338 83 of 338 84 of 338 85 of 338 86 of 338 For City Council meeting of October 24, 2016 Item A3.4 Business of the City by Motion: Sheridan – Chicago Construction Engineering 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 Sat Nagar, P.E., Senior Project Manager Subject: Sheridan Road – Chicago Avenue Project Phase III Construction Engineering Services Contract Date: October 13, 2016 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract with Christopher B. Burke Engineering, Ltd. (9575 W. Higgins Road, Suite 600, Rosemont, Illinois 60018) in the not-to-exceed amount of $980,000 to provide the Phase III construction engineering services for Sheridan Road – Chicago Avenue Project. Funding Source: Funding for this project is as follows: Funding Source Account Amount CIP Fund (2017 GO Bond) 415.40.4150.65515-416450 $500,000 CIP Fund (2018 GO Bond) 415.40.4150.65515-416450 $280,000 Water Fund (2018) 513.40.7330.65515-416450 $200,000 Total $980,000 Livability Benefits: Built Environment: Enhance public spaces Health & Safety: Promote healthy, active lifestyles; Enhance resiliency to natural & human hazards Background: The City issued a Request for Qualification (RFQ No. 14-16) for the Sheridan Road – Chicago Avenue Project in February 2014. The RFQ included tasks to complete the following: Sheridan/ Chicago Alternate Analysis, Phase I - design engineering, Phase II - construction plan design, and Phase III – engineering services during construction. City Council awarded the Sheridan – Chicago Alternate Analysis services to Christopher B. Burke Engineering Ltd. (CBBEL) on April 28, 2014. The alternate analysis concluded Memorandum 87 of 338 with a recommendation for how the Sheridan Road – Chicago Avenue would be designed as a multi modal corridor accommodating pedestrians, bikes and vehicular traffic. The City Council awarded the Phase I & Phase II engineering services contract to CBBEL on December 8, 2014. The construction plans for the Sheridan Road – Chicago Avenue Project are now complete and have been submitted to Illinois Department of Transportation (IDOT) for final review. The project is scheduled for the January 19, 2017 IDOT letting. The executed construction engineering agreement should be submitted to IDOT by mid- November, 2016. Analysis: The scope of the Phase III engineering services includes construction inspection for the roadway reconstruction, resurfacing, bike lane construction, signal installation, water main and sewer replacement, concrete work, pavement markings and traffic control during construction. The CBBEL team has experience with this scope of work and will ensure that the contractor meets the intent of the contract plans/ specifications and complete the necessary paper work as required on construction projects using federal funds. As noted in the April 28, 2014 Council memo, CBBEL was selected to provide engineering services for the alternative corridor analysis as well as all three phases of the project. During Phase I and Phase II of this project, CBBEL provided quality service and on-time performance within budget. CBBEL is satisfying the M/W/EBE goal by having Material Service Testing Inc. (certified MBE Firm) as a sub-consultant. The total value of the estimated Disadvantaged Business Enterprise (DBE) subcontracted work is 25% of the total contract amount. A memo reviewing the compliance with State DBE program is attached. Legislative History: City Council awarded Sheridan - Chicago Alternative Analysis to Christopher B. Burke Engineering Ltd on April 28, 2014 City Council awarded Phase I & Phase II Engineering Services to Christopher Burke B Engineering Ltd on December 8, 2014 Attachments: Christopher B. Burke Engineering, Ltd. Proposal M/W/EBE Memo dated 10/24/16 88 of 338 89 of 338 90 of 338 91 of 338 92 of 338 93 of 338 94 of 338 95 of 338 96 of 338 97 of 338 98 of 338 99 of 338 100 of 338 101 of 338 102 of 338 103 of 338 104 of 338 105 of 338 106 of 338 107 of 338 108 of 338 109 of 338 110 of 338 111 of 338 112 of 338 113 of 338 114 of 338 115 of 338 116 of 338 117 of 338 Sheridan Road – Chicago Avenue Project Phase III Construction Engineering Services Contract, RFQ14-16, M/W/EBE Memo 10.24.2016` To: Dave Stoneback, Director of Public Works Lara Biggs, P.E., Bureau Chief – Capital Planning /City Engineer Sat Nagar, P.E., Senior Project Manager From: Tammi Nunez, Purchasing Manager Subject: Sheridan Road – Chicago Avenue Project Phase III Construction Engineering Services Contract, RFQ14-16 Date: October 24, 2016 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 Sheridan Road – Chicago Avenue Project Phase III Construction Engineering Services Contract, RFQ 14-16 with Christopher B. Burke Engineering, Ltd., is found to be in initial compliance with the goal by subcontracting 25% of the contract work to certified M/W/EBE’s. Christopher B. Burke, Ltd.’s total base bid is $980,000.00, and will receive 25% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Material Testing Services 2462 Delta Ln, Elk Grove Village, IL 60007 Testing $245,000.00 25% X Total M/W/EBE $245,00.00 25% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 118 of 338 For City Council meeting of October 24, 2016 Item A4 Resolution 68-R-16 – Sheridan Rd - Chicago Ave Project Construction Funding 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 Sat Nagar, P.E., Senior Project Manager Subject: Resolution 68-R-16 Sheridan Road - Chicago Avenue Project Funding Date: October 13, 2016 Recommended Action: Staff recommends adoption of Resolution 68-R-16 authorizing the City Manager to negotiate and execute the Illinois Department of Transportation Local Public Agency Agreement for Federal Participation required for the Sheridan Road - Chicago Avenue Project. Execution of the Agreement will allow Evanston to receive $1,992,400 in Illinois Transportation Enhancement Grant (ITEP) funding, $1,700,000 in Illinois Jurisdiction Transfer Funds and obligate Evanston to pay the Illinois Department of Transportation the local share cost of this project totaling $9,492,514 ($8,512,514 for construction and $980,000 for engineering) by the completion of the project. Funding Source: The total proposed funding for this project totals $13,627,400, which is $442,486 over the estimated cost of the project. Construction Funding Source Grant Funds 2017 City Budget 2018 City Budget ITEP Grant $1,992,400 State of Illinois Jurisdiction Transfer Funds $1,700,000 GO Bonds (Account 415.40.4150.65515-416450) $2,585,000 $1,600,000 Water Fund (Account 513.40.7330.65515-416450) $2,300,000 Sewer Fund (Account 515.40.4535.65515-416450) $235,000 $235,000 NU Good Neighbor Fund – from 2015 & 2016 $1,000,000 Parking Fund (Account 415.40.4116.65515-416450) $250,000 Washington National TIF $750,000 Total Funds $3,692,400 $4,820,000 $4,135,000 Total Project Construction Funding $12,647,400 Memorandum 119 of 338 Engineering Funding Source Grant Funds 2017 City Budget 2018 City Budget Capital Imp Fund – GO Bonds (Account 415.40.4150.6-416450) $500,000 $280,000 Water Fund (Account 513.40.7330.61420 $200,000 Total Funds $500,000 $480,000 Total Project Engineering Funding $980,000 Total Project Funding Construction & Engineering $3,692,400 $5,320,000 $4,615,000 Livability Benefits: Built Environment: Enhance public spaces Health & Safety: Promote healthy, active lifestyles; Enhance resiliency to natural & human hazards Summary: The Sheridan Road – Chicago Ave Improvement Project is a major undertaking to improve multi modal characteristics of the corridor considering safety of pedestrians, bicyclists, cars and buses. Sheridan Road is a major north-south arterial connecting Evanston with other North Shore Communities and Northwestern University. The first phase of the Sheridan Road project began with an alternative analysis of Sheridan Road and Chicago Avenue for improved biking, pedestrian, vehicular and transit operations. The Phase I Engineering & Phase II Construction plans for the project have been completed. The City has received an Illinois Transportation Enhancement Program (ITEP) grant in the amount of $1,992,400 to construct a bike lane along Chicago Avenue/ Sheridan Road through IDOT. The City also has 1.7 million dollars remaining from the Jurisdictional Transfer of Sheridan Road from Illinois Department of Trnasporation. This project includes the following scope of work: 1. Reconstruction / Resurfacing of Chicago Avenue – Sheridan Road 2. Protected two-way bike lane along Chicago Avenue – Sheridan Road 3. Traffic signal modernization and bike signal upgrade at the following intersections: • Chicago Avenue & Davis Street • Chicago Avenue & Church Street • Chicago Avenue & Clark Street • Sheridan Road & Chicago Avenue • Sheridan Road & Foster Street • Sheridan Road & Northwestern Place • Sheridan Road & Noyes Street 4. Interconnection and timing coordination of all signals included in project 120 of 338 5. Water main improvements at the following locations: • Sheridan Road, Central to Lincoln • Sheridan Road, Ridge to Ingleside 6. Sewer improvements throughout project area The Phase II construction plans are complete and the plans are being reviewed by Illinois Department of Transportation (IDOT). The project is scheduled for an IDOT letting in January 2017, and construction is expected to start in early April 2017. Analysis: In order to accept the ITEP Grant and State Jurisdiction Transfer Funds, City Council must approve a resolution authorizing the City Manager to enter into a funding agreement with the Illinois Department of Transportation that obligates the City to reimburse IDOT for a share of the project cost. The City must submit an executed copy of the agreement to IDOT by mid November 2016, in order to be included on the January 20, 2017 IDOT letting. Attachments: Resolution 68-R-16 Local Agency Agreement for Federal Participation with IDOT Location Map 121 of 338 10/13/2016 68-R-16 A RESOLUTION Authorizing the City Manager to Sign a Local Public Agency Agreement for Federal Participation with the Illinois Department of Transportation to Fund the Sheridan Road - Chicago Avenue – Project WHEREAS, a goal of the Strategic Plan for the City of Evanston is to provide safe transportation infrastructure within City confines; and WHEREAS, in order to facilitate the free flow of traffic and insure safety to the motoring public, the City of Evanston and the Illinois Department of Transportation (“IDOT”), are desirous of entering into a Local Public Agency Agreement for Federal Participation (the “Agreement”), a copy of which is attached hereto and incorporated herein as Exhibit 1; and WHEREAS, the funding provided under the Agreement will be devoted to multi-modal improvements for the Sheridan Road – Chicago Avenue corridor including traffic signal modernization at seven intersections, reconstruction and resurfacing of Sheridan Road, protected two-way bike lane, drainage improvements, and water main improvements; and WHEREAS, the total project cost is estimated at $13,184,914 and the City’s share in the project is $9,492,514 for the subject improvements allocated from various City funding sources (Capital Improvement Fund, Sewer Fund, Water Fund, Northwestern Neighborhood Fund, and Parking Fund); and 122 of 338 68-R-16 ~2~ WHEREAS, the City Council of the City of Evanston has determined that it is in the best interests of the City of Evanston to enter into said Agreement with IDOT, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign and the City Clerk authorized and directed to attest on behalf of the City the cost local participation Agreement by and between the City of Evanston and IDOT, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 68-R-16 shall be in full force and effect from and after its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Adopted: ________________, 2016 123 of 338 68-R-16 ~3~ EXHIBIT 1 Local Agency Participation Agreement 124 of 338 Printed 10/6/2016 Page 1 of 5 BLR 05310 (Rev. 09/03/15) Local Public Agency City of Evanston State Contract Day Labor Local Contract RR Force Account Local Public Agency Agreement for Federal Participation Section 14-00273-00-BT Fund Type TAP-STE ITEP, SRTS, or HSIP Number(s) Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-91-290-15 TE-01D1(009) This Agreement is made and entered into between the above local public agency, hereinafter referred to as the “LPA”, and the State of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LPA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LPA, approved by the STATE and the STATE’s policies and procedures approved and/or required by the Federal Highway Administration, hereinafter referred to as “FHWA”. Location Local Name City of Evanston Route N/A Length 1.77 mi Termini Sheridan Road from Ridge Avenue to Chicago Avenue and Chicago Avenue from Sheridan Road to Grove Street Current Jurisdiction TIP Number 02-15-0004 Existing Structure No N/A Project Description The project consists of roadway improvements, new protected bike lane, sewer upgrades and related work. Division of Cost Type of Work ITEP % STATE % LPA % Total Participating Construction 1,992,400 ( 16 ) 1,700,000 ( 14 ) 8,512,514 ( 69 ) 12,204,914 Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering 0 ( 0 ) 0 ( 0 ) 980,000 ( 100 ) 980,000 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 1,992,400 $ 1,700,000 $ 9,492,514 $ 13,184,914 State participation is $1,700,000 of JT funds. NOTE: The costs shown in the Division of Cost table are approximate and subject to change. The final LPA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. Local Public Agency Appropriation By execution of this Agreement, the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LPA share of project costs. A copy of the authorizing resolution or ordinance is attached as an addendum (required for State-let contracts only) Method of Financing (State Contract Work Only) METHOD A---Lump Sum (80% of LPA Obligation) METHOD B--- Monthly Payments of due by the of each successive month. METHOD C---LPA’s Share Balance divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) 125 of 338 Printed 10/6/2016 Page 2 of 5 BLR 05310 (Rev. 09/03/15) Agreement Provisions THE LPA AGREES: (1) To acquire in its name, or in the name of the STATE if on the STATE highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established State policies and procedures. Prior to advertising for bids, the LPA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LPA, and the STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and the FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after final project close-out by the STATE, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LPA agrees to cooperate fully with any audit conducted by the Auditor General and the STATE; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LPA’s estimated obligation incurred under this Agreement. The LPA will pay to the STATE the remainder of the LPA’s obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based on final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LPA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LPA’s estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LPA’s obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor’s first and subsequent progressive bills for this improvement, the LPA will pay to the STATE within thirty (30) calendar days of receipt, an amount equal to the LPA’s share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LPA on this or any other contract. The STATE, at its sole option, upon notice to the LPA, may place the debt into the Illinois Comptroller’s Offset System (15 ILCS 405/10.05) or take such other and further action as my be required to recover the debt. (11) (Local Contracts or Day Labor) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of, the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which the project is federally authorized, the LPA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the project is federally authorized, the LPA will repay the STATE any Federal Funds received under the terms of this Agreement. 126 of 338 Printed 10/6/2016 Page 3 of 5 BLR 05310 (Rev. 09/03/15) (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT’s District Bureau of Operations. The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer’s Payment Estimates shall be in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above, and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LPA’s concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LPA’s certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions; (c) The LPA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) To complete this phase of the project within three (3) years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,00 0). (23) To comply with the federal Financial Integrity Review and Evaluation (FIRE) program, which requires States and subrecipients to justify continued federal funding on inactive projects. 23 CFR 630.106(a)(5) defines an inactive project as a project which no expenditures have been charged against Federal funds for the past twelve (12) months. To keep projects active, invoicing must occur a minimum of one time within any given twelve (12) month period. However, to ensure adequate processing time, the first invoice shall be submitted to the STATE within six (6) months of the federal authorization date. Subsequent invoices will be submitted in intervals not to exceed six (6) months. (24) The LPA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets or summaries, vendor invoices, vendor receipts, cost plus fix fee invoice, progress report, and personnel and direct cost summaries.and other documentation supporting the requested reimbursement amount (Form BLRS 05621 should be used for consultant invoicing purposes). LPA invoice requests to the STATE will be submitted with sequential invoice numbers by project. 127 of 338 Printed 10/6/2016 Page 4 of 5 BLR 05310 (Rev. 09/03/15) The LPA will submit to the STATE a complete and detailed final invoice with applicable supporting documentation of all incurred costs, less previous payments, no later than twelve (12) months from the date of completion of this phase of the improvement or from the date of the previous invoice, which ever occurs first. If a final invoice is not received within this time frame, the most recent invoice may be considered the final invoice and the obligation of the funds closed. (25) The LPA shall provide the final report to the appropriate STATE district within twelve months of the physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be met, a written explanation must be provided to the district prior to the end of the twelve months documenting the reason and the new anticipated date of completion. If the extended deadline is not met, this process must be repeated until the project is closed. Failure to follow this process may result in the immediate close-out of the project and loss of further funding. (26) (Single Audit Requirements) That if the LPA expends $750,000 or more a year in federal financial assistance they shall have an audit made in accordance with 2 CFR 200. LPAs expending less than $750,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the end of the LPA’s fiscal year. The CFDA number for all highway planning and construction activities is 20.205. Federal funds utilized for constructon activities on projects let and awarded by the STATE (denoted by an “X” in the State Contract field at the top of page 1) are not included in a LPA’s calculation of federal funds expended by the LPA for Single Audit purposes. (27) That the LPA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)), which is a web-enabled government-wide application that collects, validates, stores, and disseminates business information about the federal government’s trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam.gov/portal/public/SAM/#1. The LPA is also required to obtain a Dun & Bradstreet (D&B) D-U-N-S Number. This is a unique nine digit number required to identify subrecipients of federal funding. A D-U-N-S number can be obtained at the following website: http://fedgov.dnb.com/webform. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LPA’s certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LPA to proceed with the construction of the improvement when Agreed Unit Prices are approved, and to reimburse the LPA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer’s Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) For agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LPA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LPA; (b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction and federal Buy America provisions. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation within one (1) year of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties, their successors and assigns. (4) For contracts awarded by the LPA, the LPA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT – assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT – assisted contracts. The LPA’s DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the STATE may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for 128 of 338 Printed 10/6/2016 Page 5 of 5 BLR 05310 (Rev. 09/03/15) enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence of a USDOT – approved LPA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE’s USDOT approved Disadvantaged Business Enterprise Program. (5) In cases where the STATE is reimbursing the LPA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application. ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1- Location Map, Number 2 – LPA Appropriation Resolution (Insert Addendum numbers and titles as applicable) The LPA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all Addenda indicated above. APPROVED APPROVED Local Public Agency State of Illinois Department of Transportation Name of Official (Print or Type Name) Randall S. Blankenhorn, Secretary Date By: Title (County Board Chairperson/Mayor/Village President/etc.) Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways/Chief Engineer Date (Signature) Date The above signature certifies the agency’s TIN number is William M. Barnes, Chief Counsel Date conducting business as a Governmental Entity. DUNS Number Jeff Heck, Chief Fiscal Officer (CFO) Date NOTE: If the LPA signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. 129 of 338 (c) OpenStreetMap and contributors, Creative Commons-Share AlikeLicense (CC-BY-SA) TITLE: DSGN. CHKD. FILE NAME: DWN. PROJ. NO. DATE: SHEET 1 OF 1 DRAWING NO. EXH 2.a LOCATION MAPSHERIDAN ROAD 140138 02/12/2015 I 0 2,000 4,0001,000 Feet1 inch = 2,000 feet ESRLocationMapPath: N:\EVANSTON\140138\GIS\Exhibits\ESRLocationMap.mxdPLOT DATE: 7/9/2015 SCALE:1 "= 2,000 'USER: mhayes PROJECT LOCATION CLIENT:CITY OF EVANSTON 130 of 338 For City Council Meeting of October 24, 2016 Item A5 Resolution 63-R-16, United States Postal Service Parking Lease For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager Subject: Resolution 63-R-16, United States Postal Service (USPS) Parking Lease Date: October 19, 2016 Recommended Action: Staff recommends that the City Council adopt Resolution 63-R-16, authorizing the City Manager to enter into a lease renewal with the US Postal Service (USPS) Facilities Real Estate Division (7029 Albert Pick Road, Greensboro, N.C., 27498-1103) for the parking of Postal Service Vehicles in the Maple Avenue Self Park, 1800 Maple Avenue. Projected total revenue for the period from 11/1/2016 – 10/31/2018 is $121,440. Livability Benefits: Economy and Jobs: Develop work force. Summary: In 2012 the City entered into a four (4) year lease with the US Postal Service to park 44 USPS vehicles in the 1800 Maple Avenue Parking Garage. This lease expires on October 31, 2016 and the USPS Real Estate Division has agreed to enter into new two (2) year leases (November 1, 2016 – October 31, 2018) with a total revenue projection of $121,440 as follows: Annual Payment: Maple Parking Garage 11/1/2016 to 10/31/2017 $60,720 11/1/2017 to 10/31/2018 $60,720 Total $121,440 Memorandum 131 of 338 This transaction does not include any fees to be paid to CBRE Inc., P.O. Box 40588 Atlanta, GA 60384, the leasing agent which contacted the City on behalf of the Postal Service. This agency represented the Post Office during all negotiations and had no agreement with the City of Evanston. A second lease with USPS for Lot 25 (24 spaces), 1612-1616 is also expiring on 10/31/16 Based on the needs of Downtown businesses in the area, staff recommends not renewing this lease for a two year period at this location. Staff recommends the Council authorize the City Manager to complete negotiations with the USPS to move these vehicles into the Maple Garage. This move would involve the signage of an area in the Maple Garage reserved for USPS, which in turn would create a higher rate, anticipated to be equal to the $115 per space in the current Maple Garage lease, which is attached. Staff will bring either a separate lease or an amended lease (for the Maple Garage) to cover these spaces. A sample picture of the area on the 5th floor of the Maple Garage is attached; however, this may not be the final location. We anticipate concluding these negotiations by the end of November, and may extend the usage of Lot 25 at the current rental rate until the separate or amended lease is completed. --------------------------------------------------------------------- Attached: Resolution 63-R-16 with lease Maple Garage Photograph 132 of 338 10/20/2016 8/9/2016 63-R-16 A RESOLUTION Authorizing the City Manager to Enter Into a Lease Agreement with the United States Postal Service for Parking in the City Parking Garage Located at 1800 Maple Avenue WHEREAS, the City of Evanston (“City”) owns a parking garage located at 1800 Maple Avenue in Evanston, Illinois; and WHEREAS, the City currently leases 44 parking spaces in said parking garage to the United States Postal Service (“USPS”). Said lease will expire October 31, 2016; and WHEREAS, the USPS wishes to continue leasing said parking spaces through October 31, 2018; and WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City would be served by the continued leasing of said parking to, and executing of leases with, the USPS; and WHEREAS, pursuant to the Evanston City Code of 2012, as amended, Subsection 1-17-4-1, the City Council may authorize by resolution leases of parking, 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, a lease between the City and the USPS for parking in the City Parking Garage, 1800 Maple Avenue, attached hereto as Exhibit A and incorporated herein by reference. 133 of 338 63-R-16 ~2~ SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of said leases as he may determine to be in the best interests of the City. SECTION 3: This Resolution shall be in full force and effect from and after its adoption. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 134 of 338 63-R-16 ~3~ EXHIBIT A USPS Lease Agreement for parking in the City Parking Garage – 1800 Maple Avenue 135 of 338 Ground Lease EVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 136 of 338 Ground Lease Facility Name/Location In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the ‘General Conditions to USPS Ground Lease,’ attached hereto and made a part hereof: Total Site Area: Rent checks shall be payable to: 3. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: February 2004 2. RENTAL: The Postal Service will pay the Landlord an annual rental of: $60,720.00 (Sixty Thousand Seven Hundred Twenty and 00/100 Dollars) payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. Lease: Q90000448303 FIXED TERM: The term becomes effective November 01, 2016 with an expiration date of October 31, 2018, for a total of 2 Years. Gross Rentable SF of Building: 30,000/SF USPS occupies 47.52% - 44 parking spaces in a self parking garage 13,200.00 Sq. Ft. County: CookEVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 This Lease made and entered into by and between CITY OF EVANSTON hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: 1 CITY OF EVANSTON CITY MANAGER 2100 RIDGE AVE EVANSTON, IL 60201-2790 137 of 338 Ground Lease 4. 5. TERMINATION: 6.OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed upon prior to execution and made a part hereof: 7. LEGAL DESCRIPTION: February 2004 The Postal Service may terminate this Lease at any time by giving 180 days written notice to the Landlord. RENEWAL OPTIONS: None 2 Mortgagee's Agreement. . Maple Avenue Parking Garage located at 1800 Maple Avenue, Evanston Illinois. BOE-BOEMPSE4FF"EEFOEVN/P 138 of 338 Addendum Facility Name/Location . 8. The Postal Service and Landlord may terminate this Lease at any time by giving 180 days written notice to the Landlord. 9. General Conditions to USPS Ground Lease No. 6 (SUBLEASE), has been amended: the Postal Service may sublet all or any part of the premises or assign this lease, subject to the written consent of the Landlord, which written consent shall not be unreasonably withheld, conditioned, or delayed, but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. February 2004 Lease: Q90000448303 County: CookEVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 139 of 338 Ground Lease EXECUTED BY LANDLORD this ________ day of _______________________, ______. GOVERNMENTAL ENTITY By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: _____________________________________________________________ __________________________________ _____________________________________ __________________________________ _____________________________________ Landlord’s Address: ____________________________________________________________________________________ ____________________________________________________________________________________ Landlord’s Telephone Number(s): ___________________________ __________________________________ Federal Tax Identification No.:______________________________________ _________________________________________ _________________________________________ Witness Witness a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to “Contracting Officer, U.S. Postal Service” at the address specified below, or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: _______________ __________________________________ ____________________________________ Contracting Officer Signature of Contracting Officer _______________________________________________________________________________ Address of Contracting Officer Signature Page Grdlease Gvt. Entity (April 2009) Esther M Tinort CITY MANAGER 2100 RIDGE AVE FACILITIES REAL ESTATE 7029 ALBERT PICK ROAD, GREENSBORO, NC 27498-1103 Name & Title: Name & Title: Name & Title: Name & Title: XX-XXX5870 4 EVANSTON, IL 60201-2790 140 of 338 General Conditions to USPS Ground Lease groundgc (Oct 2009)GC-1 1. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING Not Required 3. MORTGAGEE'S AGREEMENT If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. 4. ASSIGNMENTS a.The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators, successors, and assigns. b. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with: 1. the contracting officer; and 2.the surety or sureties upon any bond. c.Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, provided that: 1. such transfer is subject to this Lease agreement; 2.both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer. 5. APPLICABLE CODES AND ORDINANCES The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the parcel on which the premises are situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible for obtaining all necessary and applicable permits, related items, and associated costs. 6. SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 7. ALTERATIONS The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property on which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. 8. CLAIMS AND DISPUTES a.This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b.Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a 6HH$GGHQGXP1R subject to the written consent of the Landlord, which written consent shall not be unreasonably withheld, conditioned, or delayed -See Addendum No. 9 141 of 338 General Conditions to USPS Ground Lease groundgc (Oct 2009)GC-2 claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: “I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord.” The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord-certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the contracting officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. 9. HAZARDOUS/TOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The Landlord must identify and disclose, to the best of its knowledge, the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose, to the best of its knowledge, any information concerning the presence of lead-based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises, the Landlord agrees to remove such materials or substances upon notification by the Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines; prior to accomplishing this task, Landlord must seek written approval by the USPS Contracting Officer of the contractor and scope of work, such approval not to be unreasonably withheld. If ACBM is subsequently found in the building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord’s sole expense, an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of any violation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. that, to the best of its knowledge, the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law; 142 of 338 General Conditions to USPS Ground Lease groundgc (Oct 2009)GC-3 b. that, to the best of its knowledge, there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead-based paint, or lead piping or solder in drinking water systems, on the property; and c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity concerning any environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to the property. 10. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service’s Supplying Principles and Practices, accessible at www.usps.com/publications. Clause 1-1, Privacy Protection (July 2007) Clause 1-5, Gratuities or Gifts (March 2006) Clause 1-6, Contingent Fees (March 2006) Clause 4-2, Contract Terms and Conditions Required to Implement Policies, Statues or Executive Orders (July 2009) Clause 9-3, Davis-Bacon Act (March 2006)1 Clause 9-7, Equal Opportunity (March 2006)2 Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (March 2006)4 Clause B-25, Advertising of Contract Awards (March 2006) Note: For purposes of applying the above standard clauses to this Lease, the terms “supplier,” “contractor,” and “lessor” are synonymous with “Landlord,” and the term “contract” is synonymous with “Lease.” 1 For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. 143 of 338 Mortgagee’s Agreement (To be executed and attached to lease) Facility Name/Location The undersigned, Holder(s) of a mortgage (or similar encumbrance, such as a Deed of Trust), in the sum of _____________________on the property situated at: _________________________________________________ ____________________________________________________________________________________________ hereby consent(s) to the leasing of said property to the U.S. Postal Service and agree(s) for itself, its successors, executors, administrators, and assigns that in the event it should become necessary to: a) foreclose said mortgage or similar encumbrance, the Mortgagee will cause the sale of said premises to be made subject to said lease; or, b) take any other action terminating the mortgage or transferring title, the Mortgagee will cause such action to be made subject to said lease. MORTGAGEE ______________________________________________ Name of Mortgage Company ______________________________________ By:______________________________________________ Witness Signature of Mortgagee’s Officer Its:______________________________________________ Title of Mortgagee’s Officer _________________________________________________________ StreetAddress _________________________________________________________ City,StateandZIP+4 Subscribed and Sworn to before me, a notary public, in and for _________________________ County, State of ____________________________ this ______________day of __________________________, _______. ____________________________________________________________ Notary Public My commission expires _____________________________________ February 2004 M-1 County: CookEVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 February 2004 Lease: Q90000448303 144 of 338 145 of 338 For City Council meeting of October 24, 2016 Item A6 Resolution 67-R-16: Approving Settlement in Rattray v. City For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Resolution 67-R-16 - Approving Settlement in Rattray v. City, et al. Date: October 12, 2016 Recommended Action: Staff recommends City Council adoption of Resolution 67-R-16 authorizing the City execute a settlement agreement in Sean Rattray v. City of Evanston, et al. (Case No. 14-cv-08735). Funding Source: Insurance Fund (Settlement Costs – Liability) Summary: Since November 2014, the City and other Defendants litigated civil rights claims brought against them by Plaintiff Sean Rattray in the United States District Court for the Northern District of Illinois, Eastern Division. Plaintiff’s claims concern an incident between the parties in Evanston on November 9, 2012. The parties wish to resolve all claims in this litigation by settlement. The settlement agreement and release will be reviewed and approved as to form by the Law Department. Upon Plaintiff’s receipt of the settlement payment from the City, Plaintiff will then dismiss all claims in this litigation against all defendants with prejudice terminating the lawsuit. Execution of the settlement agreement and payment is not an admission of liability by the City in this litigation. ------------------------------------------------------------------------------------- Attachments: Resolution 67-R-16 Memorandum 146 of 338 10/12/2016 67-R-16 A RESOLUTION Authorizing the Settlement of all Litigation and Claims with Sean Rattray WHEREAS, since 2014, the City and other Defendants litigated claims brought by Sean Rattray (“Plaintiff”) in case no. 14-cv-08735 in the United States District Court Northern District of Illinois, Eastern Division; and WHEREAS, this litigation pertained to an incident between the parties on November 9, 2012; and WHEREAS, the Plaintiff, a Michigan resident, seeks to settle all claims pursuant to the terms of a settlement agreement negotiated by counsel of record for the City and Plaintiff; and WHEREAS, in compliance with Section 2(e) of the Open Meetings Act, 5 ILCS 120/2(e), the City seeks final action on settlement of this litigation in open session before the public; and WHEREAS, upon Plaintiff’s execution of the settlement agreement, the City will pay Plaintiff one hundred and fifty thousand dollars ($150,000) (“Settlement Payment”); and WHEREAS, Plaintiff must dismiss with prejudice all claims brought against all Defendants, including the City, in case no. 14-cv-08735. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 147 of 338 67-R-16 - 2 - SECTION 1: The City Manager is hereby authorized to execute the Settlement Agreement with Plaintiff. The Settlement Agreement will be approved as to form by the City’s Corporation Counsel prior to execution. SECTION 2: Resolution 67-R-16 shall be in full force and effect from and after its passage and approval, in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 148 of 338 For City Council meeting of October 24, 2016 Item A7 Ordinance 110-O-16: Removing Business Requirements for Certain Businesses For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 110-O-16, Amending Sections of the Evanston City Code Related to Removing Requirements for Certain Businesses Date: October 24, 2016 Recommended Action: Staff recommends City Council adoption of Ordinance 110-O-16, amending sections of the City Code related to removing requirements for certain businesses. Livability Benefits: Innovation & Process: Support local government best practices and processes Summary: Functions related to motor vehicle repair shops and price stating for retail establishments are no longer performed by the City of Evanston. Therefore, they are no longer regulated by the City. This Ordinance removes related portions of the City Code to accurately reflect the City’s current business regulation practices. Legislative History: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 110-O-16 Memorandum 149 of 338 10/14/2016 110-O-16 AN ORDINANCE Amending Sections of the Evanston City Code Related to Removing Requirements for Certain Businesses NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Title 3, Chapter 18 of the City Code, “Motor Vehicle Repair Shops,” is hereby deleted in its entirety and intentionally left blank. 3-18-1. - DEFINITION. The term "motor vehicle repair shop" shall mean any building, structure, premises, enclosure or other place doing repair work on motor vehicles, including body repair, detailing and painting, but excluding washing, polishing or greasing of such motor vehicles and the replacing of or adding minor parts thereon. 3-18-2. - LICENSE REQUIRED; APPLICATION. No person shall manage, conduct, operate or carry on the business of a motor vehicle repair shop without first having obtained a license therefor. (A) Application for a license to conduct or maintain or carry on the business of a motor vehicle repair shop shall be made in writing to the City Collector. The application shall contain the name of the applicant, if an individual, the names of the principal officers, if a corporation, and the location of the place of business at which the applicant desires to operate, manage or conduct a motor vehicle repair shop business. A separate license shall be required for each motor vehicle repair shop establishment carried on or conducted by any applicant wherever located in the City. (B) Before a license shall be issued, each application shall be submitted to the City Collector, and the director of community development shall determine that all the requirements of the adopted building code (see Title 4 of this Code), the zoning ordinance (see Title 6 of this Code), the plumbing code (see Title 4 of this Code) and the electrical code (see Title 4 of this Code) of the City are complied with. No such license may be issued unless an applicant has already secured and produces a copy of a state license pursuant to 625 ILCS 5/301. When an application has been filed and approved by the license and measures inspector, 150 of 338 as hereinabove provided, then upon the payment of the license fee hereinafter provided, the City Collector shall issue to said applicant a license authorizing said applicant to engage in or carry on the business of motor vehicle repair shop in the place designated in the license and for the period herein stated. 3-18-3. - LICENSE FEES. The annual license fee for each motor vehicle repair shop shall be one hundred fifty dollars ($150.00) per annum. All licenses issued under the provisions of this Chapter shall expire on December 31 following date of issuance; provided, however, that if less than six (6) months of the annual license period shall have expired at the time when such license is issued, the full license fee shall be charged therefor; if six (6) or more months of the annual license period shall have expired, one-half (½) of the full license fee shall be charged. Said license shall be posted and remain posted in a conspicuous place in the motor vehicle repair shop. 3-18-4. - OPERATION IN CONJUNCTION WITH PUBLIC GARAGE OR PUBLIC PARKING LOT. Any motor vehicle repair shop conducted, maintained or operated in conjunction with any public garage, or public parking lot shall require only one license, that being the license having the greater fee. SECTION 2: Title 3, Chapter 23 of the City Code, “Price Stating; Retail Establishments,” is hereby deleted in its entirety and intentionally left blank. 3-23-1. - DEFINITIONS. Unless the context otherwise requires, the following terms, as used in this Chapter, shall be construed according to the definitions given below: CITY. City of Evanston, Cook County, Illinois. CONSUMER COMMODITY. Good for sale that directly satisfies human wants. GENERIC. A nonbrand name product offered for sale. MULTI-PAK. Refers to a series or group of prepackaged items which have been further enclosed in a package or other protective covering, said group of items to be offered for sale as a single unit. PREPACKAGED. Refers to enclosure of consumer commodities in a package or other protective covering prior to display for the purpose of sale. PRINCIPAL Chief or primary function or end. 151 of 338 PURPOSE. RETAIL STORE. For sale directly to the ultimate consumer. UNIVERSAL PRICE CODE. Information contained in a bar code printed on an item (or quantity of an item) of merchandise or its packaging, wrapping, or container which, when exposed to a scanning device connected to a computer programmed with the proper information, will permit the computer to retrieve certain information relative to the item of merchandise, including, but not limited to, a description of said item and its price. 3-23-2. - PRICE TO BE POSTED; PACKAGING. (A) Unless otherwise exempted by the provisions of this Chapter, it shall be unlawful for any store, the principal purpose of which is the retail sale of food and/or drugs, to display for sale any consumer commodity unless the selling price is accurately stated and marked thereon in a clear and conspicuous manner in arabic numerals which can be easily read by the consumer purchaser. (B) For any consumer commodity, the selling price shall also be stated on a sign contiguous to the point of display of the consumer commodity so priced. Shelf marking giving unit prices in ounces or pounds for the purpose of comparison shall be required of all retail sale of food and/or drugs. Selling price letters shall be at least one-half inch (½") high. (C) Each sale of a consumer commodity shall be documented by a receipt given to each purchaser, which receipt shall contain the date, record of the commodities purchased and the selling price of each such commodity. (D) Every store shall have available for inspection, upon request, a list of all items offered for sale and the current prices thereof. All price lists must differentiate between generic and brand name products. Generic products must be so designated. Price lists must contain an effective date and an expiration date. (E) All meats, poultry and poultry parts pre-packaged on the store premises, sold or offered for sale shall be packaged in trays affording a minimum of ninety percent (90%) visibility of surface of the product sold pre-packaged. (F) The following items are exempted from the packaging requirements of Subsection (E) above, and may be packaged in foam trays: 1. Ground beef 2. Bondless cube and sandwich steaks 3. Fresh or smoked sausage 4. Smoked bacon 5. Bacon skins 6. Fresh side bacon 7. Fresh or frozen poultry parts 8. Smoked offal (entrails) 9. Honeycomb tripe, kidneys, hearts and tongue 10. Beef liver 11. Beef hooves 152 of 338 12. Beef franks 13. Beef hocks 14. Pig tails 15. Pig feet 16. Pig snouts 17. Bones 18. Smoked sweet meat 19. Suet 20. Sweet breads 21. Neck bones 22. Salted meats 23. Casings 24. Hog maws 25. Spareribs, fresh or smoked 26. Cooked meat and poultry This exemption shall also apply to family pack assortments consisting solely of listed items. Family pack assortments which include any steaks, roasts or chops must conform to Subsection (D) requirements. 3-23-3. - USE OF UPC OPTICAL SCANNERS. The price marking of individual items as required in Subsection 3-23-2(A) of this Chapter shall not be required if the retail store in which the items are offered for sale utilized UPC optical scanners and receives an annual exemption permit from the City pursuant to Section 3-23-4 of this Chapter. A letter requesting exemption must be submitted annually to the Finance Director and/or his/her designee. 3-23-4. - CERTIFICATION FOR USE OF UPC OPTICAL SCANNERS. A store requesting certification for exemption from item pricing shall not be required to item-price goods, except fresh meat, poultry and produce items, if evidence is presented to the Finance Director and/or his/her designee of compliance with Subsections 3-23-2(B), (C), (D), (E) and (F) of this Chapter. In addition the following conditions must be met. (A) For advertised sale items, the brand name, name of the product, weight, measure or count, if appropriate, selling price, unit price (if required) and termination date of sale must be posted on a replacement sign contiguous to the product with selling price letters one-half inch (½") high. For unadvertised in-store sale items, the brand name, name of the product, weight, measure or count, regular price, sale price, unit price (if required), termination date of sale must be posted on a replacement sign contiguous to the product with seller's price letters one-half inch (½") high. 153 of 338 (B) A sign or signs must be posted prominently, stating that all items not item priced, are sold at the price displayed on the shelf card or sign contiguous to the product. (C) Any item marked with more than one UPC code or similar optical code must reflect the same price. (D) All advertised sale items which are not item priced must be listed in advertising distributed to the general public, and available on the premises. Sale dates must be included in the advertising. This list is in addition to that required pursuant to Subsection 3-23-2(D) of this Chapter. (E) Each retail store which is exempt from item pricing shall keep a log book of all errors in which the price marked on the shelf for an item is different from the price read by the UPC optical scanner, and such log book shall also contain the actions taken to correct such errors. This log book shall be open for inspection by the Finance Director, Inspector of Licenses or their respective designees and shall be monitored on a quarterly basis. (F) Each UPC optical scanner shall be monitored and tested not less than quarterly. Certification of said test must be prominently displayed at or on the scanners. (G) Each store utilizing UPC optical scanners shall make at least one scanner station available at all times for use by the consumer. (H) Whenever the UPC optical scanner price of an item differs from the posted price as required in Subsection (A) above, that item shall be given to the consumer without charge. A sign stating this provision must be placed in a conspicuous location within the store. The letters on this sign must be at least one and one- half inches (1½") high. 3-23-5. - ENFORCEMENT. (A) 1. Monitoring. All retail stores, the principal purpose of which is the retail sale of food and/or drugs, shall be subject to inspection no fewer than four (4) times per year for compliance with this Chapter and any administrative procedures which may be promulgated from time to time by the City. 2. Monitoring shall include the random selection of not less than fifty (50) items available for sale. Those stores which are required to item-price shall be deemed to be out of compliance if more than six percent (6%) of the items selected are not item-priced. Those stores which are exempted from item-pricing shall be deemed to be out of compliance if more than si x percent (6%) of the items selected reflect a discrepancy between the scanned price and the shelf price. (B) Penalties. Any retail store violating any of the provisions of this Chapter shall be fined a sum of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. (C) Exemption Certificate Suspension. A unit pricing exemption certificate, issued pursuant to the provisions of this Code, may be suspended for cause after an opportunity for the aggrieved party to be heard in his/her own defense has been given. 154 of 338 Charges of violations shall be investigated and a determination made as to their validity or invalidity. For purposes of this Section, a judgment of a court of competent jurisdiction that a violation(s) has occurred is a determination of validity. Such a violation(s) shall constitute the requisite cause for suspension. No exemption certificate shall be suspended except after an opportunity to be heard at a public hearing, with a three (3) day written notice to the exemption certificate holder of the public hearing. Information submitted by the exemption certificate holder shall be public information. The City Manager shall consider such arguments and pertinent facts and shall provide a brief written response within forty five (45) days. The decision of the City Manager shall be final. SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor 155 of 338 Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 156 of 338 For City Council meeting of October 24, 2016 Item A8 Ordinance 125-O-16, Regulating Small Cell Towers For Introduction To: Honorable Chairman and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 125-O-16, Regulating Small Cell Towers Date: October 24, 2016 Recommended Action: Staff recommends City Council adopt Ordinance 125-O-16, regulating personal wireless telecommunications facilities. Livability Benefits: Health & Safety: Enhance resiliency to natural & human hazards. Summary: In recent months, Illinois municipalities have seen an increase in right-of-way applications for the installation of small cell towers on poles within public right-of-ways. To protect the City’s interests, staff submits to City Council Ordinance 125-O-16, regulating small cell tower installation in the City. While the City currently has a general right-of-way permit application, the City should adopt a supplemental permit application specific to small cell towers to delineate the City’s requirements, and, more importantly, to address issues and minimize the risk of litigation specific to small cell towers. Other municipalities, including Skokie, are also facing this same issue. Furthermore, implementing this ordinance will ensure that the City treats all providers equally as required under state and federal law. Under proposed Ordinance 125-O-16: • Limit the number of wireless telecommunication facilities on each utility pole. • Ensure that wireless telecommunication facilities are attached to poles at least twenty-five feet from any residential building. • Implement limitations as to surface area of antenna, total volume of antenna, height requirements, color, antenna panel covering, and grounding requirements. • Require screening for certain wireless telecommunication facility attachments. • List required documents and materials for City’s review. Memorandum 157 of 338 • Provide a process for the City to remove abandoned equipment. • List applicable fees associated with the review of these structures. Ordinance 125-O-16 requires the review and approval by the Community Development Department and Public Works Agency. The following is a chart of the process that may be best suited for the City of proposed applications: Background: Small cell wireless facilities are a relatively new technological advance installed in public right-of-ways. Small cell towers are installed on utility poles, street lights, or traffic signals located within utility easements or the public right-of-way. The majority of service providers request to co-locate small cell wireless facilities on existing utility poles, but the possibility exists for entities to request their installation on City-owned facilities. The City currently received proposals and applications from Verizon and Mobilitie seeking to install small cell facilities on ComEd utility poles. The City’s existing regulations for right-of-way permitting do not adequately address concerns raised by small cell towers. Ordinance 125-O-16 clearly identifies the procedural aspects of small cell facility regulations, and provides the City with municipal authority to regulate wireless facilities to minimize potential over proliferation. To date, the proposed installations on ComEd poles are much less in scope and scale than in other communities. Applicable Statutes and Legal Analysis: United States Telecommunications Act (“USTA”) – Section 332(c)(7)(A) allows state and local government the authority to make decisions related to “placement, construction and modification of personal wireless facilities.” However, the same Act limits a local government’s control. Under 47 USC 332(c)(7)(A), local government regulations cannot: If sites are on City- owned infrastructure: Telecommunications provider submits cell tower plans to City with specific locations. Community Development Department/Building Division provides copy of submission to Public Works Agency and review locations. Telecommunications provider and City negotiate and execute a lease agreement. If sites are not on City-owned infrastructure: City staff reviews final locations in light of our new ordinance and provides final approval within 90 days if proposed sites are co-located, 150 days if proposed sites are new. 158 of 338 (1) Unreasonably discriminate among providers of functionally equivalent services; or (2) Prohibit or have the effect of prohibiting the provision of personal wireless services; or (3) Regulate the placement, construction and modification of personal wireless service facilities on the basis of the environmental effects of radiofrequency emissions. Pursuant to Section 332(c)(7)(A), it is in the City’s best interest to adopt Ordinance 125- O-16, addressing small cell wireless facilities that implements a review procedure. This ordinance minimizes the risk of future litigation stemming from service providers requesting to install small cell wireless facilities in the City. USTA specifies the timing related to the City’s review of submitted permit applications. Entities denied a permit to place, construct, or modify personal wireless service facilities are permitted to file an action in court if the City fails to act within an appropriate amount of time. The FCC established a “shot clock” to clarify what constitutes a reasonable amount of time for a city to review an application. Failure for a city to act on co-located sites within ninety (90) days and within one hundred fifty (150) days for new sites is beyond a reasonable amount of time. Under 47 USC 332(c)(7)(B)(v), personal wireless service providers may seek redress in court within thirty (30) days. Illinois Telephone Company Act (“ITCA”) – The ITCA authorizes telecommunications carriers to install small cell wireless facilities in public rights of ways; however, these telecommunications carriers are subject to municipal direction regarding the location of these towers. The ITCA states that telecommunications carriers must provide municipalities with written notice of their intent to utilize the right of way for cell facility installation. Under ITCA, telecommunications carriers must provide the City with detailed plans and specifications for its installation. When municipalities fail to provide carriers with appropriate specific locations, the carrier is permitted to install at locations of its choosing so long as the public right of way is not interfered with. Legislative History: On October 10, 2016, Staff presented for City Council’s review and guidance a summary of proposed regulations related to wireless telecommunication facilities. Alternatives: N/A Attachments: Ordinance 125-O-16 Photographs of Small Cell Tower Facilities 159 of 338 10/13/2016 10/17/2016 125-O-16 AN ORDINANCE Amending City Code Section 5, “Occupation of Public Right-of-Way,” of the Evanston City Code Regulating Personal Wireless Telecommunication Facilities in the Public Right-of-Way SECTION 1: Legislative Statement. The City uses the public rights-of- way within its City limits to provide essential public services to its residents and businesses. The public rights-of-way within the City are a Iimited public resource held by the City for the benefit of its citizens and the City has a custodial duty to ensure that the public rights-of-way are used, repaired and maintained in a manner that best serves the public interest. The City Council previously adopted regulations, Title 7, “Public Ways,” of the City of Evanston Code ("City Code"), in order to establish generally applicable standards for construction, installation, use, maintenance and repair of utility facilities on, over, above, along, upon, under, across, or within the public rights-of-way of the City. Growing demand for personal wireless telecommunications services has resulted in increasing requests nationwide and locally from the wireless industry to place small cell distributed antenna systems and other personal wireless telecommunication facilities on utility and street light poles and other structures in the public rights-of-way. The City of Evanston (the “City”) is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970. 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. While 160 of 338 125-O-16 ~2~ State and federal law limit the authority of local governments to enact laws that prohibit or have the effect of prohibiting the provision of telecommunications services, the City does have the power, under existing State and federal law, to approve appropriate regulations and restrictions relative to small cell, distributed antenna systems and other personal wireless telecommunication facility installations in the public rights-of-way. In light of the anticipated continuation of increased demand for placement of small cell facilities, distributed antenna system facilities and other personal wireless telecommunication facility installations within the public rights-of-way, the City Council finds that it is in the best interests of the public health, safety and general welfare of the City to adopt the amendments below to Title 7, “Public Ways,” of the City Code, as amended, in order to establish generally applicable standards for construction, installation, use, maintenance and repair of such facilities and installations within the public rights-of-way of the City so as to, among other things: (i) prevent interference with the facilities and operations of the City's utilities and of other utilities lawfully located in public rights-of-way or property, (ii) provide specific regulations and standards for the placement and siting of personal wireless telecommunication facilities within public rights-of-way in the City, (iii) preserve the character of the neighborhoods in which facilities are installed, (iv) minimize any adverse visual impact of personal wireless telecommunication facilities and prevent visual blight, (v) facilitate the location of personal wireless telecommunication facilities in permitted locations within the public rights-of-way in the City, and (vi) assure the continued safe use and enjoyment of private properties adjacent to personal wireless telecommunication facilities locations. 161 of 338 125-O-16 ~3~ SECTION 2: Title 7, Section 2, Subsection 5 “Occupation of the Public Right-of-Way,” of the Evanston City Code of 2012, is hereby amended to add Subsection 12 as follows: 7-2-5-12: PERSONAL WIRELESS TELECOMMUNICATION FACILITIES (A) Definitions: For purposes of this Subsection, the following terms will have the following meanings: ALTERATIVE ANTENNA STRUCTURE An existing pole or other structure within the public right-of-way that can be used to support an antenna and is not a utility pole or a City-owned infrastructure. APPLICANT Any person or entity submitting an application to install personal wireless telecommunication facilities within a public right-of-way. CITY-OWNED INFRASTRUCTURE Infrastructure including, but not limited to, streetlights, traffic signals, towers or buildings owned, operated or maintained by the City. DISTRIBUTED ANTENNA SYSTEM (DAS) A type of personal wireless telecommunication facility consisting of a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area. LANDSCAPE SCREENING The installation at grade of plantings, shrubbery, bushes or other foliage intended to screen the base of a personal wireless telecommunication facility from public view. MONOPOLE A structure composed of a single spire, pole or tower used to support antennas or related equipment. PERSONAL WIRELESS TELECOMMUNICATION ANTENNA An antenna that is part of a personal wireless telecommunications facility. PERSONAL WIRELESS TELECOMMUNICATION EQUIPMENT Equipment, exclusive of an antenna, that is part of a personal wireless telecommunications facility. PERSONAL WIRELESS TELECOMMUNICATIONS FACILITY An antenna, equipment, and related Improvements used, or designed to be used, to provide wireless transmission of voice, data, Images, or other information including, but not limited to, cellular phone service, personal communication service, paging, and Wi-Fi antenna service. SMALL CELL ANTENNA A Personal Wireless Telecommunications Facility consisting of an antenna and related equipment either 162 of 338 125-O-16 ~4~ installed singly or as part of a network to provide coverage or enhance capacity in a limited defined area. TOWER Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. Except as otherwise provided for by this Subsection, the requirements for a tower and associated antenna facilities must be those required in this Subsection and Code. UTILITY POLE An upright pole used to support electric cables, telephone cables, telecommunication cables and related facilities owned and maintained by a Public Utility Company as defined by the Illinois Commerce Commission. VARIANCE or VARIATION A grant of relief by the Director of Community Development or his/her designee from specific limitations of this section. WI-FI ANTENNA An antenna used to support Wi-Fi broadband Internet access service based on the IEEE 802.11 standard that typically uses unlicensed spectrum to enable communication between devices. (B) Standards and Regulations: Personal wireless telecommunication facilities will be permitted to be placed in rights-of-way as attachments to existing utility poles, alternative antenna structures, or City-owned infrastructure subject to the following regulations: 1. Number Limitation: Only one personal wireless telecommunication facility can be located on a single utility pole. 2. Separation and Clearance Requirements: Personal wireless telecommunication facilities may be attached to a utility pole, alternative antenna structure or City-owned infrastructure only where such pole, structure or infrastructure is located no closer than twenty-five (25) feet to any residential building and no closer than five hundred feet (500) feet from any other personal wireless telecommunication facility. A lesser clearance may be allowed by the Director of Community Development as a minor variance to this Subsection when the Applicant establishes that the lesser clearance is necessary to close a significant gap in the Applicant's services or to otherwise provide adequate services to customers, and the proposed antenna or facility is the least intrusive means to do so. 3. Co-Location: Unless otherwise authorized by the Director of Community Development as a variance for good cause shown, only one personal wireless telecommunications facility is allowed on each utility pole, alternative antenna structure, or single unit of City-owned infrastructure for the use of a single personal wireless telecommunications facility operator. 163 of 338 125-O-16 ~5~ This Subsection does not preclude or prohibit collocation of personal wireless telecommunication facilities on towers that meet the requirements as set forth elsewhere in this Subsection or as required by federal law. 4. City-Owned Infrastructure: Personal wireless telecommunication facilities can only be mounted to City-owned infrastructure including, but not limited to, streetlights, traffic signal, towers or buildings, if authorized by a license agreement between the owner and the City. 5. New Towers: No new monopole or other tower to support personal wireless telecommunication facilities is permitted to be installed on right- of-ways within the corporate limits of the City unless specifically authorized by the City Council. 6. Attachment Limitations: No personal wireless telecommunication antenna or facility will be attached to a utility pole, alternative antenna structure, or City-owned infrastructure unless all of the following conditions are satisfied: a. Surface Area of Antenna: The personal wireless telecommunication antenna, including antenna panels, whip antennas or dish-shaped antennas, cannot have a surface area of more than seven (7) square feet and no single dimension exceeding seven (7) feet. Omnidirectional or whip antennas cannot extend more than seven (7) feet, not including any pole extension. b. Size of Above-Ground Personal Wireless Telecommunication Facility: The total combined volume of all above-ground equipment and appurtenances comprising a personal wireless telecommunication facility, exclusive of the antenna itself, cannot exceed fifteen (15) cubic feet. c. Personal Wireless Telecommunication Equipment: The operator of a personal wireless telecommunication facility must, whenever possible, locate the base of the equipment or appurtenances at a height of no lower than eight (8) feet above grade. d. Personal Wireless Telecommunication Services Equipment Mounted at Grade: In the event that the operator of a personal wireless telecommunication facility proposes to install a facility where equipment or appurtenances are to be installed at grade, screening must be installed to minimize the visibility of the facility. e. Height: A personal wireless telecommunication antenna cannot exceed more than fifty (50) feet above ground level. The top of the highest point of the antenna cannot extend more than seven (7) feet above the highest point of the utility pole, alternative antenna support structure, or City-owned infrastructure and the combination of the height of the pole, support structure or infrastructure and the antenna extension must not exceed thirty-five (35) feet. f. Color: A personal wireless telecommunication facility, including all related equipment and appurtenances, must be a color that blends with the surroundings of the pole, structure or infrastructure on which it is mounted and use non-reflective materials which blend 164 of 338 125-O-16 ~6~ with the materials and colors of the surrounding area and structures. Any wiring must be covered with an appropriate cover. g. Antenna Panel Covering: A personal wireless telecommunication antenna must include a radome, cap or other antenna panel covering or shield and must be of a color that blends with the color of the pole on which it is mounted. h. Wiring and Cabling: Wires and cables connecting the antenna to the remainder of the facility must be installed in accordance with the version of the National Electric Code and National Electrical Safety Code adopted by the City and in force at the time of the installation of the facility. No wiring and cabling serving the facility will be allowed to interfere with any wiring or cabling installed by a cable television or video service operator, electric utility or telephone utility. i. Grounding: The personal wireless telecommunication facility must be grounded in accordance with the requirements of the most current edition of the National Electrical Code adopted by the City and in force at the time of the installation of the facility. j. Guy Wires: No guy or other support wires will be used in connection with a personal wireless telecommunication facility unless the facility is to be attached to an existing utility pole, alternative antenna support structure or City-owned infrastructure that incorporated guy wires prior to the date that an applicant has applied for a permit. k. Pole Extensions: Extensions to utility poles, alternative support structures and City-owned infrastructure utilized for the purpose of connecting a personal wireless telecommunications antenna and its related personal wireless telecommunications equipment must be fabricated from material similar to the support pole, and must have a degree of strength capable of supporting the antenna and any related appurtenances and cabling and capable of withstanding wind forces and ice loads in accordance with the structural integrity standards as set forth in Subsection I below. An extension must be securely bound to the support pole, alternative antenna structure or City-owned infrastructure in accordance with applicable engineering standards for the design and attachment of such extensions. No extensions fabricated from wood will be permitted. I. Structural Integrity: The personal wireless telecommunication facility, including the antenna, pole extension and all related equipment must be designed to withstand a wind force of at least ninety (90) miles per hour, and be designed to withstand a wind force of at least forty (40) miles per hour which includes at least three quarters (3/4) of an inch of ice all without the use of guy wires. For any facility attached to City-owned infrastructure or, in the discretion of the City, for a utility pole or alternative antenna structure, the operator of the facility must provide the City with a 165 of 338 125-O-16 ~7~ structural evaluation of each specific location containing a recommendation that the proposed installation passes the standards described above. The evaluation must be prepared by a professional structural engineer licensed in the State of Illinois. 7. Signage: Other than signs required by federal law or regulations, a personal wireless telecommunication facility cannot have signs installed on it. 8. Screening: If screening is required under Subsection 6 above, it must be natural landscaping material or a fence subject to the approval of the City and must comply with all regulations of the City. Appropriate landscaping must be located and maintained and must provide the maximum achievable screening, as determined by the City, from view of adjoining properties and public or private streets. Notwithstanding the foregoing, no such screening is required to extend more than nine (9) feet in height. Landscape screening when permitted in the right-of-way, must be provided with a clearance of three (3) feet in all directions from the facility. The color of housing for ground-mounted equipment must blend with the surroundings. For a roof-mounted facility, the maximum reasonably achievable screening must be provided between such facility and the view from adjoining properties and public or private streets. In lieu of the operator installing the screening, the City, at its sole discretion, may accept from the operator of the facility a fee of one thousand five hundred dollars ($1,500) for the acquisition and installation of landscaping material by the City. 9. Permission to Use Utility Pole or Alterative Antenna Structure: The operator of a personal wireless telecommunication facility must submit to the City written copies of the approval from the owner of a utility pole, or an alternative antenna structure, to mount the personal wireless telecommunication facility on that specific pole, or structure, prior to issuance of the City permit. The utility company's approval must also indicate that the occupation of the pole by the personal wireless telecommunication equipment will not limit the utility company's, or any other public utility currently utilizing the pole, ability to expand their facilities on the pole in the future. Approval by the utility company to allow the installation of a personal wireless communication facility must also include a guarantee by the utility company that the utility company will either cause the removal of abandoned equipment in accordance with subsection 12 below or remove the equipment themselves. 10. Licenses and Permits: The operator of a personal wireless telecommunication facility must submit to the City copies of all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of said facility and must maintain such licenses and permits and provide evidence of renewal or extension thereof when granted. 166 of 338 125-O-16 ~8~ 11. Variance Requirements: Each location of a personal wireless telecommunication facility within a right-of-way must meet all of the requirements of the Subsection. 12. Abandonment and Removal: Any personal wireless telecommunication facility located within the corporate limits of the City that is not operated for a continuous period of twelve (12) months, must be considered abandoned and the owner of the facility must remove same within ninety (90) days of receipt of written notice from the City notifying the owner of such abandonment. Such notice must be sent by certified or registered mail, return-receipt-requested, by the City to such owner at the last known address of such owner. In the case of personal wireless telecommunication facilities attached to City owned Infrastructure, if such facility is not removed within ninety (90) days of such notice, the City may remove or cause the removal of such facility through the terms of the applicable license agreement or through whatever actions are provided by law for removal and cost recovery. 13. Governmental Wireless Telecommunication Facilities: This Subsection will not apply to personal wireless telecommunication facilities owned by the City. 14. Permits and Application Fees: Permits for placement of personal wireless telecommunication facilities are required. Except as otherwise provided for by this Subsection, the procedures for the application for, approval of and revocation of such a permit must be those required in City Code Sections 7-2-5-1 and 7-2-5-2. Any applications must demonstrate compliance with the requirements of this section. Unless otherwise provided by franchise, license, or similar agreement, or federal, State or local law, all applications for permits pursuant to this section must be accompanied by a fee in the amount established in City Code Subsection 7-2-5-3. The application fee will reimburse the City for regulatory and administrative costs with respect to the work being performed. 15. Conflict of Laws: Where the conditions imposed by any provisions of this section regarding the siting and installation of personal wireless telecommunication facilities are more restrictive than comparable conditions imposed elsewhere in this Chapter, Code or in any other local law, ordinance, resolution, rule or regulation, the regulations of this section will govern. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 167 of 338 125-O-16 ~9~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: That this Ordinance 125-O-16 shall be in full force and effect on November 1, 2016, nunc pro tunc. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 168 of 338 169 of 338 170 of 338 For City Council meeting of October 24, 2016 Item A9 Ordinance 140-O-16 – Removing Certain City Parking Meters For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager Subject: Ordinance 140-O-16, Parking Meter Reallocation Date: October 24, 2016 Recommended Action: The Transportation/Parking Committee and staff recommend City Council adoption of Ordinance 140-O-16, reallocating or removing parking meters in designated areas of the City. Funding Source: Parking Fund Account: 505.19.7005.53250 Livability Benefits: Reduce environmental impact: Reduce greenhouse gas emissions Summary: Ordinance 140-O-16 amends portions of Title 10, Chapter 11, “Traffic Schedules,” of the Evanston City Code of 2012, as amended, to remove or reallocate certain City parking meters for other usage. During the past couple years, staff has assessed parking meter usage throughout the City and determined that there are some areas in which parking meters are underutilized when compared to the expenses related to the installation and ongoing maintenance of the equipment. City staff recommends that the following conversions be adopted with respect to meter location removal or reallocation. The Transportation/Parking Committee have reviewed this proposal: Memorandum 171 of 338 Location Number of Meters Average 3 month Revenue Recommendation 800 Main (Lot 8) 8 $1,032 Convert to Permit Parking 1400 Elmwood 6 $1,195 Convert to Emergency Vehicle/2 hour parking 3100 Central 11 $272 Convert to 2 hour parking Elmwood & Dempster (Lot 23) 4 $287 Convert to Permit Parking Washington, Chicago to Custer 17 Approx. $1500 Convert to long term commuter parking The long term meters on Washington would reduce the fee substantially from $.75 per hour with a 2 hour maximum stay to $.25 for 1 hour for up to 12 hours, allowing commuters and employees of area businesses to have access to reasonable parking. Meter costs inclusive of monthly maintenance far outweigh the revenue generated at these locations. Monthly back office charges alone are $7.25 per month per meter. This does not include the original cost at $500 per unit nor coin collection, repairs and credit card charges. ---------------------------------------------------------- Attachments: Ordinance 140-O-16 172 of 338 10/12/2016 140-O-16 AN ORDINANCE Amending Schedules X(C), XII(C), XII(F) and XII(H) of City Code Title 10, Chapter 11, “Traffic Schedules,” Removing Parking Meters In Various Locations Throughout the City of Evanston NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-11-10, Schedule X(B) of the Evanston City Code of 2012, as amended , “Two-Hour Limited Parking,” is hereby further amended to include the following: Central Street North side, Central Park Avenue to a point 126 feet west thereof SECTION 2: Section 10-11-10, Schedule X(C) of the Evanston City Code of 2012, as amended , “Two-Hour Limited Parking,” is hereby further amended to delete the following: Elmwood Avenue (Ord. No. 5-0-89) Both sides, Lake Street to Dempster Street Elmwood Avenue (Ord. No. 112-0-75; Ord. No. 92-0-79) Both sides, Lake Street to Grove Street SECTION 3: Section 10-11-10, Schedule X(C) of the Evanston City Code of 2012, as amended , “Two-Hour Limited Parking,” is hereby further amended to include the following: Elmwood Avenue Both sides, Dempster Street to Grove Street SECTION 4: Section 10-11-12, Schedule XII(C) of the Evanston City 173 of 338 140-O-16 ~2~ Code of 2012, as amended, is hereby further amended to delete the following: Central Street Both Reese Avenue to Marcy Avenue Central Street Both Central Park Avenue to Marcy Avenue Washington Street Both Chicago Avenue to Custer Street SECTION 5: Section 10-11-12, Schedule XII(F) of the Evanston City Code of 2012, as amended, is hereby further amended to include the following: Washington Street Both Chicago Avenue to Custer Street SECTION 6: Section 10-11-12, Schedule XII(H) of the Evanston City Code of 2012, as amended, is hereby further amended to delete the following: Parking lot #8, 811 Main Street: 13 meters $0.75 per hour Maximum limit, 2 hours Nine o'clock (9:00) A.M. to Six o'clock (6:00) P.M. Parking lot #23, Dempster Street and Elmwood Avenue: 4 meters $0.75 per hour Maximum limit, 2 hours Nine o'clock (9:00) A.M. to Six o'clock (6:00) P.M. SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 174 of 338 140-O-16 ~3~ 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: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 175 of 338 For City Council meeting of October 24, 2016 Item A10 Ordinance 130-O-16, Sheridan Road Speed Limit Reduction For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David D. Stoneback, Public Works Agency Director Subject: Ordinance 130-O-16, Amending City Code Title 10-11-1, Schedule 1, Reducing the Speed Limit on Sheridan Road from 30 MPH to 25 MPH Date: October 20, 2016 Recommended Action: Staff recommends that City Council adopt Ordinance 130-O-16, reducing the speed limit on Sheridan Road from 30 MPH to 25 MPH. Livability Benefits: Built Environment: Promote diverse transportation modes Background During the City Council meeting on October 17, 2016, Aldermen Fiske and Revelle requested staff to craft an ordinance that would reduce the speed limit the entire length of Sheridan Road from 30 MPH to 25 MPH. Analysis: The Sheridan Road route through Evanston requires motorist to travel not only on Sheridan Road, but also on Main Street, Forest Avenue, Burnham Place and Forest Place. In order to have the speed limit reduced to 25 MPH through the entire route, the proposed ordinance reduces the speed limit on Burnham Place and as well as Sheridan Road. The other sections of roadway along the Sheridan Road route already have a 25 MPH speed limit. Attachments: Ordinance 130-O-16 Memorandum 176 of 338 10/5/2016 130-O-16 AN ORDINANCE Amending City Code Section 10-11-1, Schedule I, Reducing the Speed Limit on Sheridan Road From 30 MPH to 25 MPH NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-11-1, Schedule I of the Evanston City Code of 2012, as amended, “Speed Limit Increased,” is hereby further amended to delete the following: Sheridan Road – City limits south to City limits north 30 mph Burnham Place – Forest Avenue to Sheridan Road 30 mph SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 177 of 338 130-O-16 ~2~ Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 178 of 338 For City Council meeting of October 24, 2016 Item A11 Ordinance 129-O-16 – Decrease Class D Liquor License – Red Robin Burger Works For Introduction and Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 129-O-16, Decreasing the Number of Class D Liquor Licenses for Red Robin Express, LLC d/b/a Red Robin Burger Works, 1700 Maple Avenue Date: October 24, 2016 Recommended Action: Staff recommends City Council adoption of Ordinance 129-O-16, Decreasing the Number of Class D Liquor Licenses for Red Robin Express, LLC d/b/a Red Robin Burger Works, 1700 Maple Avenue. Staff recommends suspension of the rules for Introduction and Action at the October 24, 2016 City Council meeting. Livability Benefits: Innovation & Process: Support local government best practices and processes Summary: Ordinance 129-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-five (55) to fifty-four (54). Red Robin Express, LLC d/b/a Red Robin Burger Works, 1700 Maple Avenue, is permanently closed and is therefore not renewing its liquor license. This Ordinance amends the City Code to reflect the decrease in Class D liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 129-O-16 Memorandum 179 of 338 10/3/2016 129-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Decrease the Number of Class D Liquor Licenses from Fifty-Five to Fifty-Four (Red Robin Express, LLC d/b/a Red Robin Burger Works, 1700 Maple Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 5554 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from fifty-five (55) to fifty-four (54) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 180 of 338 129-O-16 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-five (55) fifty-four (54) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 181 of 338 For City Council meeting of October 24, 2016 Item A12 Ordinance 131-O-16: Increasing Class D Liquor License Asian Cajun Too For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 131-O-16, Increasing the Number of Class D Liquor Licenses for Asian Cajun Too Corporation d/b/a Asian Cajun Too, 1322 Chicago Avenue Date: October 24, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 131-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 131-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty-four (54) to fifty-five (55) and permit issuance of a Class D license to Asian Cajun Too Corporation d/b/a Asian Cajun Too (“Company”), 1322 Chicago Avenue. This license will permit Company to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative Jacqueline Dao submitted application materials. Legislative History: At the October 5, 2016 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license. Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 131-O-16 Application Minutes of the October 5, 2016 Liquor Control Review Board meeting Memorandum 182 of 338 10/6/2016 131-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty-Four to Fifty-Five (Asian Cajun Too Corporation d/b/a Asian Cajun Too, 1322 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 5455 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty-four (54) to fifty-five (55) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 183 of 338 131-O-16 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-four (54) fifty-five (55) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 184 of 338 Redacted 185 of 338 186 of 338 187 of 338 188 of 338 Redacted 189 of 338 190 of 338 191 of 338 192 of 338 193 of 338 194 of 338 195 of 338 196 of 338 197 of 338 198 of 338 199 of 338 200 of 338 201 of 338 FINAL Page 1 of 4 MEETING MINUTES Liquor Control Board Wednesday, October 5, 2016 1:00 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl; Dick Peach Members Absent: Marion Macbeth; Byron Wilson Staff Present: Mario Treto, Theresa Whittington Others Present: Jacqueline Dao (Asian Cajun); Lynda Ross (Caterist); Christina Gustafson (Caterist); Chris Collins (North Shore Cider); Be’a Rashid (Studio 5); Steven Rashad (Studio 5); Madhuker Talari (Sam’s Chicken); Walter Clements (Meta Wine); Bill Kindra (Quad Indoor Sports); Ann Rainey (8th Ward Alderman) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 1:00 p.m. NEW BUSINESS VSWC, LLC., d/b/a Meta Wine, 600 Main Street, Evanston, IL Walter Clements (WC) requested approval of a class P-3 (craft winery with onsite consumption). WC explained that the wine is imported in bulk format, blended and then repackaged for sale in environmentally friendly, reusable containers. There will be a tasting room. It’s a European business model. Theresa Whittington noted outstanding items that must be received before the application can go to City Council. These items include: certificate of insurance, BASSET certificate and confirmation of fingerprinting date. Board members reviewed the application in advance of the meeting. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on October 24, 2016 (pending receipt of outstanding items). Asian Cajun Too Corporation d/b/a Asian Cajun Too, 1322 Chicago Ave., Evanston, IL Jacqueline Dao (JD) requested approval of a Class D liquor license (Restaurant/liquor). JD described the cuisine and Louisiana-style seafood. She wishes to offer craft beers and wines as a complement to meals. Mayor Tisdahl inquired if she will be featuring any local Evanston alcohol. JD responded that she is looking at local Evanston beers. 202 of 338 FINAL Page 2 of 4 Board members reviewed the application in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on October 24, 2016. Rent A Chef, Inc., d/b/a The Caterist, 940 Pitner Ave., Suite 5, Evanston, IL Christina Gustafson (CG) requested approval of a Class T liquor license (caterer/liquor). CG explained that the business currently caters a variety of events including weddings and private parties. She wishes to expand the business services to include alcohol. She will feature local Evanston beers. Board members reviewed the application in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on October 24, 2016. North Shore Cider Company, LLC., d/b/a North Shore Cider, 707 Howard Street, Evanston, IL Chris Collins (CC) requested approval of a Class P-4 liquor license (Craft Winery/off-site consumption). Apple Cider will be obtained from an organic orchard and fermented on- site. CC stated that North Shore Cider will be the first of its kind in Evanston and that cider is a growing alcoholic beverage space. CC resides in Evanston and does plan to employ Evanston residents. Board members reviewed the application in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on October 24, 2016. Dance Center Evanston, Inc., d/b/a Studio 5, 1934 Dempster, Evanston, IL Be’a Rashid (BR) requested approval of a Class U liquor license (Live Theater/liquor). BR plans to create a performance space in the studio. She would like to offer drinks to the audience before performances and during intermission. She believes this will provide a full theater experience. Mayor Tisdahl asked if there would be food available. Be’a and Steve Rashid responded that there will be snacks such as pretzels and nuts, etc. Board members reviewed the application in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on October 24, 2016. TMC Foods, Inc., d/b/a Sam’s Chicken & Ribs, Pizza, 1639 Orrington, Evanston, IL, 60201 Madhuker Talari (MT) requested approval of a Class D liquor license (Restaurant/liquor). MT explained that he has run a similar business in Chicago for over 20 years. He likes Evanston very much and wants to open a second location here. Mario Treto noted that Mr. Talari check “Beer/Wine only” and “Liquor” on the application and asked for clarification as to whether MT plans to offer beer/wine only or all types of liquor. MT responded that he intends to serve all types of liquor, spirits included. 203 of 338 FINAL Page 3 of 4 Board members reviewed the application in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Liquor License to be introduced at the City Council meeting on October 24, 2016. Evanston Pan, LLC., d/b/a Pita 1, 1926 Central Street, Evanston, IL Requested approval of a Class H liquor license (Restaurant/liquor). Applicant was not present. Item removed from the agenda. The Barn Investment, LLC d/b/a The Barn, 825 1016 Church Street, Evanston, IL Requested approval of an upgrade from Class D liquor license (Restaurant/liquor) Applicant was not present. Item removed from the agenda. Quad Indoor Sports, 2454 Oakton Street, Evanston, IL Bill Kindra (BK) requested approval of a new liquor license class specific to indoor sports facilities. BK explained that the business is seasonal-driven and is looking for additional revenue streams. Alcohol would be offered only during adult programming. He will feature only beer and wine. Mayor Tisdahl asked Mario Treto if the ordinance could be written in a manner that makes clear alcohol should not be served while children are present. BK responded that we would prefer to not have that language because leagues when parents are present when their children are playing and they may want to enjoy a beer or wine. Ann Rainey offered that the situation is not very different from Studio 5 offering alcohol to its audience. BK said that whenever its strictly children present they would not offer alcohol. Mayor Tisdahl dropped the requirement and stated that the issue could be revisited in the future if any issues arise. BK said there will not be signage all over the facility advertising alcohol. It will be a discreet offering. He views it as an amenity that might bring in more adult programming. Mayor Tisdahl asked if there would be food. BK responded that they will have a full concession stand. Dick Peach asked about the two beer limit contained in the proposal. BK responded that they will abide by that and any other local and State code. Dick Peach stated that the limit might help alleviate some of the other issues mentioned. Mario Treto stated that the two beer limit would be incorporated into the ordinance. Mario Treto explained that this is going to be a new license class. Ann Rainey asked about the nature of the class. Mr. Treto responded that it would be specific to a sports and recreation facility. Ann Rainey asked if other municipalities restrict the number of beers sold. Mario Treto responded that some do and some do not. Mayor Tisdahl clarified that the two beer limit was offered by the applicant in its proposal to the Liquor Board. Mayor Tisdahl offered that the drink limit cold be revisited in the future. The Local Liquor Control Commissioner asked the members if there were any others concerns over the request. None were voiced. The Board recommended creating a new liquor license class to be introduced at the City Council meeting on October 24, 2016. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 1:27 p.m., October 5, 2016. 204 of 338 FINAL Page 4 of 4 Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 205 of 338 For City Council meeting of October 24, 2016 Item A13 Ordinance 132-O-16: Increasing Class T Liquor License The Caterist For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 132-O-16, Increasing the Number of Class T Liquor Licenses for Rent A Chef, Inc. d/b/a The Caterist, 940 Pitner Avenue, Suite 5 Date: October 24, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 132-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 132-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(T), as amended, to increase the number of authorized Class T liquor licenses from two (2) to three (3) and permit issuance of a Class T license to Rent A Chef, Inc. d/b/a The Caterist (“Company”), 940 Pitner Avenue, Suite 5. This license will permit Company to retail sale of alcoholic liquor only to invited persons of at least twenty-one (21) years of age for consumption at private and catered functions. Company representative Lynda Ross submitted application materials. Legislative History: At the October 5, 2016 Liquor Control Review Board meeting, Company requested consideration of application for a Class T liquor license. Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 132-O-16 Application See Agenda Item A12 for Minutes of the October 5, 2016 Liquor Control Review Board meeting Memorandum 206 of 338 10/7/2016 132-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(T) to Increase the Number of Class T Liquor Licenses from Two to Three (Rent A Chef, Inc., dba “The Caterist”, 940 Pitner Avenue, Suite 5) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class T of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: T Catering Liquor None $1,800 $1,800 23 None 10 a.m.— 1 a.m. (Mon- Fri); 10 a.m. – 2 a.m. (Sat- Sun) SECTION 2: Subsection 3-4-6-(T) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class T liquor licenses from two (2) to three (3) to read as follows: (T) CLASS T licenses, which shall authorize the sale of alcoholic liquor for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Title 6 of this Code and having a current Evanston business license. Catering establishments holding Class T licenses must have food service available when alcoholic liquor is being served. The service of alcoholic liquor shall be by employees of the licensed catering business. Class T licensees shall serve alcoholic liquor only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food and alcoholic liquor. The service of alcoholic liquor shall only take place from 10:00 a.m. to 1:00 a.m.; except, that service may be made up to 2:00 a.m. on Saturday and Sunday mornings. The sale of alcoholic liquor shall be deemed to occur at the address of the catering establishment. 207 of 338 132-O-16 ~2~ The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than two (2) three (3) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor 208 of 338 132-O-16 ~3~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 209 of 338 Redacted 210 of 338 211 of 338 212 of 338 213 of 338 Redacted 214 of 338 215 of 338 216 of 338 217 of 338 218 of 338 219 of 338 220 of 338 221 of 338 222 of 338 223 of 338 224 of 338 225 of 338 226 of 338 227 of 338 228 of 338 229 of 338 230 of 338 231 of 338 232 of 338 233 of 338 234 of 338 235 of 338 236 of 338 For City Council meeting of October 24, 2016 Item A14 Ordinance 133-O-16 – Increase Class P4 Liquor License North Shore Cider For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 133-O-16, Increasing the Number of Class P-4 Liquor Licenses for North Shore Cider Company, LLC d/b/a North Shore Cider, 707 Howard Street Date: October 24, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 133-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 32-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(P-4), as amended, to increase the number of authorized Class P-4 liquor licenses from zero (0) to one (1) and permit issuance of a Class P-4 license to North Shore Cider Company, LLC d/b/a North Shore Cider (“Company”) 707 Howard Street. This license will permit Company to retail sale of wine only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative Christopher M. Collins submitted application materials. Legislative History: At the October 5, 2016 Liquor Control Review Board meeting, Company requested consideration of a Class P-4 liquor license. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 133-O-16 Application See Agenda Item A12 for Minutes of the October 5, 2016 Liquor Control Review Board meeting. Memorandum 237 of 338 10/7/2016 133-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(P-4) to Increase the Number of Class P-4 Liquor Licenses from Zero to One (North Shore Cider Company, LLC, dba “North Shore Cider”, 707 Howard Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class P-4 of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: P-4 Craft Winery Wine Wine $1,800 $1,890 01 None 10 a.m. – 12 a.m. (Sun – Thurs); 10 a.m. – 1 a.m. (Fri-Sat); 10 a.m. – 12 a.m. (Sun) SECTION 2: Subsection 3-4-6-(P-4) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class P-4 liquor licenses from zero (0) to one (1) to read as follows: (P-4) CRAFT WINERY license shall authorize the on-site production and storage of wine in quantities not to exceed fifty thousand (50,000) gallons per year and the sale of such wine for consumption off-premises. It also authorizes on-site sampling consumption of such wine by persons of at least twenty-one (21) years of age. Such craft winery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-4 licensee to sell a container of wine for off-premises consumption unless the volume of the container is equal to or greater than twenty-two (22) ounces or 650 milliliters. 2. Class P-4 licensees may during authorized hours of business, offer for on- site consumption samples of wine permitted to be produced and sold pursuant to this classification. Licensees who limit activity to sampling only, as specified therein, shall provide limited food service such as 238 of 338 133-O-16 ~2~ cheese, crackers, snack food or other similar deli-style items to customers who are sampling craft wine. 3. Class P-4 licensees must have at least one (1) BASSET-certified site manager on-premises whenever wine is available for on-site consumption. All persons who sell, open, pour, dispense or serve wine shall be BASSET certified. Class P-4 licensees must provide food service whenever wine is available for on-site consumption, in accordance with the specifications applicable to sampling for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Wine for product sampling for on-site consumption shall be dispensed only in containers provided by the licensee. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than wine offered for sampling. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one (1) fluid ounce, to any person in a day. 4. It shall be unlawful for the holder of a Class P-4 license to provide a sample of or sell any wine between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-4 licensee must have a valid First Class Wine Maker’s License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of wine manufactured on the premises and the total gallonage of wine manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-4 licensee who participates in the production and sale of wine, pursuant to this license class, must be BASSET- certified. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than zero (0)one (1) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are 239 of 338 133-O-16 ~3~ hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 240 of 338 Redacted 241 of 338 242 of 338 243 of 338 244 of 338 Redacted 245 of 338 246 of 338 247 of 338 248 of 338 249 of 338 250 of 338 251 of 338 252 of 338 253 of 338 MEMORANDUM To: Members of the Zoning Board of Appeals From: Mark Muenzer, Director of Community Development Damir Latinovic, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: 707 Howard Street Units B & C - ZBA 16ZMJV-0049 ZBA Recommending Body City Council Determining Body Date: June 28, 2016 Notice- Published in the June 16, 2016 Evanston Review: Christopher Collins, potential lessee, applies for a special use permit for a Craft brewery, North Shore Cider Company, in the B3 Business District, which requires a special use permit for a Craft Brewery to operate (Zoning Code Section 6-9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Recommendation City staff and DAPR recommend the Zoning Board of Appeals provide a favorable recommendation to City Council for approval of the special use for a Craft Brewery, North Shore Cider Company. The applicant has complied with all zoning requirements, and meets all of the standards of a special use for this district. Site Background 707 Howard Street Units B & C are located at the westernmost portion of the building at the northwest corner of Howard Street and Custer Avenue in the B3 Business District and are surrounded by the following: North: R5 General Residential District East: B3 Business District South: Chicago Commercial West: B3 Business District The property features a one story commercial building. The property in question is surrounded by commercial uses to the south (Chicago), east, and west, and multi-family residences to the north. Units B & C have been vacant for several years, and were last occupied by a religious institution. 254 of 338 Proposal The applicant proposes to operate North Shore Cider Company, a Craft Brewery specializing in cider production, at 707 Howard Street Units B & C. The Zoning Ordinance defines a Craft Brewery as: A commercial facility that produces fermented malt beverages on site in quantities 0 to 930,000 gallons (30,000 barrels) per year and may include an accessory tasting room. Product sampling or retail sale as may be defined and regulated by Title 3, Chapter 4 of the City Code at the facility allows customers to taste samples of products manufactured on-site and purchase related sales items. Any sale of alcohol in the tasting room or otherwise in the facility which is manufactured outside the facility is prohibited. A craft-brewery does not include restaurants with accessory brewing facilities. (Ord. No. 57-O-14, § 2, 6-9-2014) The applicant does not currently operate a commercial cider brewery, but has undertaken personal cider production at his residence for more than six years. The proposed Craft Brewery will produce apple and pear cider from juice delivered to the facility. Yeast is added to the juice to ferment into alcoholic cider, which is then chilled and bottled on-site. Cider brewing produces fewer odors than beer brewing because apple/pear juice contains sugar initially whereas beer requires chemical reactions of enzymes activing into sugar. Therefore, cider brewing has no steam byproduct to vent out of the building and will only feature a typical building exhaust system. The space comprises approximately 2,400 square feet. The front 500 square feet will feature retail sales and cider tasting area, and will operate Thursday-Friday from 3pm – 7:30pm, and Saturday-Sunday from noon-4pm. Tastings will be limited to one ounce cups. The applicant expects to obtain a P-3 liquor license. Tours will occur monthly. No special events are currently planned, but they may occur in the future. The remaining space will be utilized for cider production, bottling, and storage. Retail sales will include bottles, growlers, howlers, and kegs. Retail/Tasting ↓ Storage/Bottling ↓ Brewing ↑ 255 of 338 Juice deliveries to the property will occur one time per week after apples and pears are harvested from October to December. Other deliveries including bottles and carbon dioxide will occur year round. All deliveries will occur via the alley between the hours of 9am-5pm. All cider will be brewed within a three month period following the harvest season. The remaining months will be used for bottling and packaging. The applicant expects to produce 6,000 gallons (200 barrels) of cider in the first production year, and will make local cider deliveries using his personal vehicle. There are two parking spaces behind the building for employee parking, as well as a loading area for deliveries. No exterior changes to the building are proposed other than signage and the removal of the blue and orange laminate on the storefront windows. City staff is not aware of any concerns from neighboring property owners. The applicant expects the business will open in late fall. Ordinances Identified for Requested Relief 6-9-4. B3 Business District. 6-9-4-3: SPECIAL USES: The following uses may be allowed in the B3 district, subject to the provisions set forth in Section 6-3-5 of this Title: Craft Brewery (among others listed) Comprehensive Plan The Evanston Comprehensive General Plan encourages the utilization of vacant storefronts along existing commercial corridors that add sales tax revenue and encourage economic vitality. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. The proposed Craft Brewery will utilize a currently vacant space and further encourage commercial activity and a pedestrian friendly environment on Howard Street. Design and Project Review (DAPR) Discussion and Recommendation: DAPR Committee members found the proposed Craft Brewery a compatible use for Howard Street that will encourage economic activity and utilize a long-time vacant store front. Recommendation: Unanimous approval Special Use Standards: For the ZBA to recommend that City Council grant a special use, the ZBA must find that the proposed special use: a) Is one of the listed special uses for the zoning district in which the property lies; 256 of 338 b) Complies with the with the purposes and the policies of the Comprehensive General Plan and the Zoning ordinance; c) Does not cause a negative cumulative effect in combination with existing special uses or as a category of land use; d) Does not interfere with or diminish the value of property in the neighborhood; e) Is adequately served by public facilities and services; f) Does not cause undue traffic congestion; g) Preserves significant historical and architectural resources; h) Preserves significant natural and environmental resources; and i) Complies with all other applicable regulations. Attachments Special Use Application- June 3, 2016 Standards Form Plat of Survey- January 18, 1999 Business Description Site Plans Image of Property Aerial View of Property Zoning Map of property DAPR Meeting Minutes- June 15, 2016 257 of 338 Page 1 of 4 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, July 5, 2016 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Mary Beth Berns, Violetta Cullen, Mary McAuley, Lisa Dziekan Members Absent: Scott Gingold, Myrna Arevalo, Staff Present: Melissa Klotz, Damir Latinovic Chair: Mary Beth Berns Declaration of Quorum With a quorum present, Chair Berns called the meeting to order at 7:00 pm. Approval of Minutes The minutes from the June 7, 2016 Zoning Board of Appeals meeting were motioned for approval with one change by Ms. Arevalo and seconded by Ms. McAuley. The minutes were approved 4-0. New Business 707 Howard Street ZBA 16ZMJV-0049 Christopher Collins, potential lessee, applies for a special use permit for a Craft Brewery, North Shore Cider Company, in the B3 Business District, which requires a special use permit for a Craft Brewery to operate (Zoning Code Section 6-9-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Mr. Collins explained the proposal: Has been an amateur cider-maker for +6 years but has not produced commercially yet Juice is shipped from Earth First Farms in Michigan Will sell retail hard cider for off-site consumption, and incidental retail apparel Retail hours of 3:30-7:30pm Thursday and Friday, and from noon-4pm Saturday and Sunday Retail space in the front portion of the building and cider production in the rear. Deliveries will occur between 9am-5pm only and will consist of containers of juice delivered October-December 1x per week by box truck. CO2 and bottles will be delivered 1x per month year round by box truck. 2 existing parking spaces behind the building off of the alley and one loading space that can be used for parking when there are no deliveries scheduled. No smell produced because there is no brewing like with beer and the malt/hops. Juice is already pasteurized 1 employee to start, but hope to add one more employee after a few months No exterior changes to the building other than signage No special events currently planned, but maybe occasionally in the future Know of one similar cider company in the area located in Chicago Ms. McAuley said the location would be great for more special events, and noted the applicant should speak to their alderman about an apprentice program for the second employee. The ZBA entered into Deliberation: 258 of 338 Page 2 of 4 Zoning Board of Appeals The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. McAuley motioned to recommend approval of the special use, which was seconded by Ms. Cullen with the following conditions: 1. Retail hours of operation not to exceed 10am-10pm Sunday-Thursday, and 10am – midnight Friday and Saturday. 2. 2 on-site parking spaces are required. 3. Substantial compliance with the documents and testimony on record. The special use was unanimously recommended for approval with the noted conditions. 1919 Church Street ZBA 15ZMJV-0114 Robert Edelman, contractor, applies for a special use permit and major zoning relief to replace existing ComEd equipment in the B2 Business District and the oWE West Evanston Overlay District, which requires a special use permit for a Public Utility (Zoning Code Section 6-9-3-3). The applicant requests to replace existing utility equipment with “DC-in-a-box” utility equipment screened from the right-of-way by landscaping where screening by landscaping and a solid fence is required (Zoning Code Section 6-15-15-XXI-C-1), landscaping where landscaping and a 3’-4’ steel or PVC picket fence is required to screen open parking from the right-of-way along Brown Avenue (Zoning Code Section 6-15-15-XVIII-B-5), and a continuous hedge with plantings spaces 48” on center where a continuous hedge with plantings spaced 36” on center is required (Zoning Code Section 6-15-15-XXI-C-2). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. ZBA 16ZMJV-0020 Ms. Klotz read the case into the record. Darren Boundy, representative for ComEd, explained the proposal: New equipment does not need fencing for safety or by ComEd standards, and Alderman, residents, and staff prefer no fencing. New equipment will increase reliability because it can switch over during blackouts much easier and faster. Ms. Cullen asked about the size of the new equipment, and Mr. Boundy responded that the largest equipment box is approximately 9’ x 8’. The total footprint of the equipment won’t be reduced, but the bulk will be. Ms. McAuley noted the existing landscaping is overgrown, and asked how the proposed landscaping will be maintained. Robert Edelman, representative for ComEd explained: Landscaping contractor picked plants that have quick grown with minimal watering so plants won’t die without irrigation. Do not have a landscaping maintenance contract, but have internal ComEd landscaping maintenance that is done as needed. The landscape design is proposed with spacing for plant growth planned in. 259 of 338 Page 3 of 4 Zoning Board of Appeals 2 existing trees fronting Church Street will be trimmed back to provide adequate sight under the tree canopies. Any accumulation of litter on the site will be picked up by ComEd as necessary. Overall idea is to buffer the equipment but maintain a line of sight into the property for safety reasons for the neighborhood. Ms. McAuley noted it would be great if ComEd would post a contact number for landscaping maintenance on the property so they can be easily reached if necessary. Chair Berns asked about the noise level of the existing equipment versus the new equipment, and Mr. Edelman responded there is no change in the noise level. Ms. Dziekan asked how involved Y.O.U. has been throughout the process and if they are aware of the full plan. Mr. Edelman responded: The Y.O.U. architect was present at both DAPR meetings, and ComEd had meetings to discuss construction schedules and make sure each other’s construction would not be impacted. The Y.O.U. building construction will be completed prior to the ComEd equipment switch. Trash bins surround the general area so hopefully trash will not accumulate around the equipment. Will post signage with a phone number people can call if landscaping needs maintenance. Ms. Cullen asked if the ComEd upgrade is planned because of the new Y.O.U. building, and Mr. Edelman responded no, it is a planned standard upgrade. The ZBA entered into Deliberation: Ms. Dziekan noted the proposal will have less visual impact than the current equipment. The proposal is a nice upgrade that goes well with the new Y.O.U. building. Ms. Cullen agreed. 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 The Standards for Variation were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes The special use was motioned to recommend approval by Ms. Cullen and seconded by Ms. McAuley, and unanimously recommended for approval. Ms. Klotz clarified the variations shall be determined by the City Council since the special use is determined by City Council. 260 of 338 Page 4 of 4 Zoning Board of Appeals Ms. Cullen motioned to recommend approval of the variations, which was seconded by Ms. McAuley and unanimously recommended for approval. Other Business Election of ZBA Vice-Chair Ms. McAuley motioned to postphone the election of ZBA Vice-Chair to the next regularly scheduled ZBA hearing when more ZBA members would be present. Ms. Cullen seconded the motion, which was unanimously approved. The meeting adjourned at 7:50pm. 261 of 338 7/13/2016 95-O-16 AN ORDINANCE Granting a Special Use Permit for a Craft Brewery Located at 707 Howard Street in the B3 Business District (“North Shore Cider Company”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on July 5, 2016, pursuant to proper notice, to consider case no. 16ZMJV-0049, an application filed by Christopher Collins, potential lessee for the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 707 Howard Street (the “Subject Property”) and located in the B3 Business District, for a Special Use Permit for a Craft Brewery, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”) on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Craft Brewery met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of July 25, 2016, 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. 16ZMJV-0049; and WHEREAS, at its meeting of July 25, 2016, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, 262 of 338 95-O-16 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Craft Brewery on the Subject Property as applied for in case no. 16ZMJV-0049. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant must develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Hours of Operation: The Applicant must operate the Craft Brewery authorized by this ordinance only between the hours of 10:00 am to 10:00 pm on any given Sunday through Thursday and between the hours of 10:00 am to 12:00 am on any given Friday and Saturday. C. Parking: The Applicant must have two (2) on-site parking spaces. D. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant must record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 263 of 338 95-O-16 ~3~ SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 264 of 338 95-O-16 ~4~ EXHIBIT A LEGAL DESCRIPTION LOTS 38 THROUGH 41 IN BLOCK 8 IN BRUMMEL AND CASE HOWARD TERMINAL ADDITION, A SUBDIVISION OF ALL THAT PART OF THE NORTHWEST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST ¼, THENCE NORTH ON EAST LINE OF NORTHWEST ¼ OF SECTION, 13.65 CHAINS; THENCE WEST 19 CHAINS TO INTERSECTION WITH CENTER LINE OF RIDGE ROAD; THENCE SOUTH 5 DEGREES EAST ON CENTER LINE OF RIDGE ROAD TO SOUTH LINE OF SOUTHEAST ¼ OF NORTHWEST ¼, THENCE EAST ON SOUTH LINE OF SOUTHEAST ¼ OF NORTHWEST ¼, 14.99 CHAINS TO THE PLACE OF BEGINNING (EXCEPT PUBLIC STREETS AND HIGHWAYS), IN COOK COUNTY, ILLINOIS. PIN: 11-30-124-032-0000 COMMONLY KNOWN AS: 707 Howard Street, Evanston, Illinois. 265 of 338 For City Council meeting of October 24, 2016 Item A15 Ordinance 134-O-16 – Increase Class U Liquor License Studio 5 For Introduction and Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 134-O-16, Increasing the Number of Class U Liquor Licenses for Dance Center Evanston, Inc. d/b/a Studio 5, 1934 Dempster Street Date: October 24, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 134-O-16. Alderman Braithwaite recommends suspension of the rules for Introduction and Action at the October 24, 2016 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 134-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(U), as amended, to increase the number of authorized Class U liquor licenses from zero (0) to one (1) and permit issuance of a Class U license to Dance Center Evanston, Inc. d/b/a Studio 5 (“Company”) 1934 Dempster Street. This license will permit Company to retail sale of beer and wine only to theater patrons of at least twenty-one (21) years of age for consumption on the premises. Company representative Beatrix Rashid submitted application materials. Legislative History: At the October 5, 2016 Liquor Control Review Board meeting, Company requested consideration of a Class U liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 134-O-16 Application See Agenda Item A12 for Minutes of the October 5, 2016 Liquor Control Review Board meeting. Memorandum 266 of 338 10/7/2016 134-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(U) to Increase the Number of Class U Liquor Licenses from Zero to One (Dance Center Evanston, Inc., dba “Studio 5”, 1934 Dempster Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class U of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: U Theater Beer, Wine None $500 $500 01 Not in Public Buildings 1 hour before performance and at intermission SECTION 2: Subsection 3-4-6-(U) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class U liquor licenses from zero (0) to one (1) to read as follows: (U) Class U licenses, which shall authorize the sale of beer and wine for consumption on the premises where served, limited to patrons of a theater presenting live stage performances during a period limited to one (1) hour prior to the start of the performance and during intermission(s); provided, that sales and consumption are restricted to lobby areas. The sale of beer and wine is prohibited in theaters located in public buildings. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be five hundred dollars ($500.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be five hundred twenty-five dollars ($525.00). 267 of 338 134-O-16 ~2~ No more than zero (0) one (1) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 268 of 338 Redacted 269 of 338 270 of 338 271 of 338 272 of 338 Redacted 273 of 338 274 of 338 275 of 338 276 of 338 277 of 338 278 of 338 279 of 338 280 of 338 281 of 338 282 of 338 283 of 338 284 of 338 285 of 338 For City Council meeting of October 24, 2016 Item A16 Ordinance 135-O-16: Increasing Class D Liquor License Sam’s Chicken & Ribs For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 135-O-16, Increasing the Number of Class D Liquor Licenses for TMC Foods, Inc. d/b/a Sam’s Chicken & Ribs, 1639 Orrington Avenue Date: October 24, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 135-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 135-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty-five (55) to fifty-six (56) and permit issuance of a Class D license to TMC Foods, Inc. d/b/a Sam’s Chicken & Ribs (“Company”), 1639 Orrington Avenue. This license will permit Company to retail sale of alcoholic liquor in restaurants only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative Madhuker Talari submitted application materials. Legislative History: At the October 5, 2016 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license. Alternatives: N/A ------------------------------------------------------------------------------------- Attachments: Ordinance 135-O-16 Application See Agenda Item A12 for Minutes of the October 5, 2016 Liquor Control Review Board meeting. Memorandum 286 of 338 10/6/2016 135-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty-Five to Fifty-Six (TMC Foods, Inc. d/b/a Sam’s Chicken & Ribs, 1639 Orrington Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class D of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: D Restaurant Liquor None $2,800 $2,800 5556 None 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) SECTION 2: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty-five (55) to fifty-six (56) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding Class D licenses only during the period when their patrons are offered a complete meal. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 287 of 338 135-O-16 ~2~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty-five (55) fifty-six (56) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 288 of 338 Redacted I ~ ~w ~---::::-Ev~rtS(on' City of Evanston annual Liquor License Application City of Evanston Date: Liquor Class: Initial license Fee: p A. Corporation name: 'TIV\ c. f;:,od s \ YlC RECEIVED B. Business name: S~\y)/s C.hiC.i<:.<2.y) L K.,b<;, ?i<...'l-c.; SEP 1 2 2016 C. Previous business name (if dba changed): HEARING DIVISION D. Business address (city, state, zip code): \ b3 0<5'<5' +-oVL Ave.. i }-..ILl"", 4-I J EV01h'S IDn E. Business telephone: . Business website: G. Business Email: H. Illinois business tax C~II 'T "-1AJ)j-}U k E:: )L:O~ number: G-fvlAtL. A. Address applying for liquor license (exact street address): i 639 0 tvn Ave., l--lLll") 4-t B. Full description of the location including floor layout, specific fioors, rooms, etc. (attach a site plan): store Describe the nature of the business 1 principal kind of business: Zip code: Evanston 60~ol C. Is the business required to be located within t e "Retail Package St Area"? D Yes No Fa.s.\-FO-ocJ oe$~~"C1"»'-Chick!?,) Days and times liquor is served: D Sunday 1(, OOo."I to lo·w F"" D Thursday ,,",(\'" to il , ... (>M Liq City of Evanslon Liquor License Application (Rev. 03/05/2015) D Monday DTuesday II.oVa,. to It .00 p''''' 1I.'Vq.", to \ \ ." p.,." D Friday DSaturday .. ~tl,,,, to f <I\U")'\o) I I ""l""to i.(lo cr,\V\ and/or DWednesday \I."".".,to IP"P,"'-" Over the counter Application: Page 1 of 15 289 of 338 290 of 338 291 of 338 292 of 338 Redacted 293 of 338 294 of 338 295 of 338 296 of 338 297 of 338 298 of 338 299 of 338 300 of 338 301 of 338 302 of 338 303 of 338 For City Council meeting of October 24, 2016 Item A17 Ordinance 136-O-16 – Increase Class P3 Liquor License Meta Wine For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 136-O-16, Increasing the Number of Class P-3 Liquor Licenses for VSWC, LLC d/b/a Meta Wine, 600 Main Street Date: October 24, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 136-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 136-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(P-3), as amended, to increase the number of authorized Class P-3 liquor licenses from zero (0) to one (1) and permit issuance of a Class P-3 license to VSWC, LLC d/b/a Meta Wine (“Company”) 600 Main Street. This license will permit Company to retail sale of wine only to persons of at least twenty-one (21) years of age for consumption off and on the premises. Company representative Walter Clements submitted application materials. Legislative History: At the October 5, 2016 Liquor Control Review Board meeting, Company requested consideration of a Class P-3 liquor license. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 136-O-16 Application See Agenda Item A12 for Minutes of the October 5, 2016 Liquor Control Review Board meeting. Memorandum 304 of 338 10/7/2016 136-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(P-3) to Increase the Number of Class P-3 Liquor Licenses from Zero to One (VSWC, LLC, dba “Meta Wine”, 600 Main Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class P-3 of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: P-3 Craft Winery Wine Wine $4,000 $4,200 01 None 10 a.m. — 12 a.m. (Sun- Thurs); 10 a.m. — 1 a.m. (Fri-Sat); 10 a.m. — 12 a.m. (Sun) SECTION 2: Subsection 3-4-6-(P-3) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class P-3 liquor licenses from zero (0) to one (1) to read as follows: (P-3) CRAFT WINERY license shall authorize the on-site production and storage of wine in quantities not to exceed fifty thousand (50,000) gallons per year and the sale of such wine for consumption off-premises and on-premises. It also authorizes on-site sampling consumption of such wine by persons of at least twenty-one (21) years of age. Such craft winery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-3 licensee to sell a container of wine for off-premises consumption unless the volume of the container is equal to or greater than twenty-two (22) ounces or .65 liters. 2. Class P-3 licensees may during authorized hours of business, offer for on- site consumption samples of wine, or wine for retail sale, the wine permitted to be produced and sold pursuant to this classification. 305 of 338 136-O-16 ~2~ Licensees who offer servings of wine for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a wine serving(s). Licensees may arrange for the presence and operation of a mobile food vehicle on or adjacent to the licensed premises during authorized hours of business to serve food to customers. Only mobile food vehicle vendors licensed pursuant to Title 8, Chapter 23 of the City Code shall be allowed to be present and operate. Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. 3. Class P-3 licensees must have at least one (1) BASSET-certified site manager on-premises whenever wine is available for on-site consumption. All persons who sell, open, pour, dispense or serve wine shall be BASSET certified. Class P-3 licensees must provide food service whenever wine is available for on-site consumption, in accordance with the specifications applicable to retail sale for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Wine for product sampling or retail sale for on-site consumption shall be dispensed only in containers provided by the licensee. During authorized hours of business, Class P-3 licensees may offer for on- site consumption samples of wine permitted to be produced and sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one (1) fluid ounce, to any person in a day. Wine servings for consumption on premises sha ll be dispensed in containers no larger than 500 milliliters. Wine sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than wine sold at retail or offered for sampling. 4. It shall be unlawful for the holder of a Class P-3 license to provide a sample of or sell any wine between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-3 licensee must have a valid First Class Wine Maker’s License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of wine manufactured on the premises and the total gallonage of wine manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-3 licensee who participates in the production and sale of wine, pursuant to this license class, must be BASSET- certified. 306 of 338 136-O-16 ~3~ The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $4,000.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $4,200.00. No more than zero (0)one (1) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor 307 of 338 136-O-16 ~4~ Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 308 of 338 Redacted 309 of 338 310 of 338 311 of 338 312 of 338 Redacted 313 of 338 314 of 338 315 of 338 DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACTPRODUCERNAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT $OTHER: COMBINED SINGLE LIMITAUTOMOBILE LIABILITY $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ PER OTH-WORKERS COMPENSATION STATUTE ERAND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) WALTE-1 OP ID: DO 10/14/2016 Telisa Gibson RBN & Associates, Inc. 303 East Wacker Dr Suite 1130 Chicago, IL 60601 Erik Svendsen 312-856-9400 312-856-9425 tgibson@rbn500.com Evanston Insurance Company 35378 VSWC LLC d/b/a Meta Wine 1148 Wesley Avenue Evanston, IL 60202 A 1,000,000 3EE8449 11/01/2016 11/01/2017 X Liquor Liability COMMON CAUSE LIMIT 1,000,000 X City of Evanston is an Additional Insured with respect to Liquor Liability pursuant to City of Evanston code section 3-4-4. COFEVAN City of Evanston 2100 Ridge Avenue Evanston, IL 60201 316 of 338 317 of 338 318 of 338 319 of 338 320 of 338 321 of 338 322 of 338 For City Council meeting of October 24, 2016 Item A18 Ordinance 137-O-16 Creating New Class W Liquor License For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 137-O-16, Amending City Code Section 3-4-6 By Creating the New Class W Liquor License Date: October 24, 2016 Recommended Action: Local Liquor Commissioner recommends to City Council for adoption Ordinance 137-O- 16. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: The City of Evanston (“City”) does not have annual liquor license tailored to commercial indoor recreation facilities allowing the sale of beer and wine for on-site consumption. Bill Kindra and Randall Mayne, representatives for Quad Indoor Sports, approached the City’s Liquor Control Review Board (“LCRB”) requesting the addition of a new annual liquor license for commercial indoor recreation facilities. Ordinance 137-O-16 was prepared to allow commercial indoor recreation facilities the sale of beer and wine only for only on-site consumption. This Ordinance imposes pertinent requirements onto commercial indoor recreation facilities that harmonize with those imposed on similar entertainment establishments. Particular provisions to note for the onsite consumption of beer and wine are as follows: 1. The Class W Liquor License requires licensees to provide an extended food service where beer and wine is offered for on-site consumption. 2. Class W Liquor License holders must have at least one BASSET-certified site manager on premises whenever beer or wine is available for on-site consumption. 3. The sale of beer or wine must only take place between 11:00 a.m. to 10:00 p.m. Monday through Saturday and from 12:00 p.m. to 10:00 p.m. on Sunday. 4. Licensees can serve no more than two servings of beer or wine to any person in a day. Memorandum 323 of 338 Legislative History: The LCRB discussed the issues regarding the creation of a new liquor license to serve beer and wine in commercial indoor recreation facilities during the October 5, 2016 LCRB meeting. This Ordinance imposes requirements onto commercial indoor recreation facilities in a similar and consistent manner as those requirements onto live entertainment venues. The annual W liquor license fee is four thousand dollars ($4,000.00). ------------------------------------------------------------------------------------- Attachment: Ordinance 137-O-16 See Agenda Item A12 for Minutes of the October 5, 2016 Liquor Control Review Board meeting. 324 of 338 10/12/2016 137-O-16 AN ORDINANCE Amending City Code Section 3-4-6 By Creating the New Class W Liquor License NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Table 1 of Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to add the following: W Commercial Indoor Recreation Facility Beer/Wine None $4,000 $4,000 0 None 11 a.m. — 10 p.m. (Mon-Sat); 12 p.m. — 10 p.m. (Sun) SECTION 2: Subsection 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended by the enactment of a new Subsection (W ) thereof, “Class W Liquor License”, to read as follows: (W) CLASS W licenses, which shall authorize the sale of beer and wine for consumption at a commercial indoor recreation facility, is limited to patrons of at least twenty-one (21) years of age. Such commercial indoor recreation facility liquor licenses shall be issued subject to the following conditions: 1. Licensees who offer servings of beer or wine for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing beer or wine. Licensees may arrange for the presence and operation of a mobile food vehicle on or adjacent to the licensed premises during authorized hours of business to serve food to customers. Only mobile food vehicle vendors licensed pursuant to Title 8, Chapter 23 of the City Code shall be allowed to be present and operate. Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. 325 of 338 137-O-16 ~2~ 2. Licensees shall not provide more than two (2) servings of beer or wine to any person in a day. Each serving must not exceed five (5) fluid ounces for wine and twelve (12) fluid ounces for beer. 3. Class W licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer or wine is available for on-site consumption. All persons who sell, open, pour, dispense or serve beer or wine shall be BASSET certified. Class W licensees must provide food service whenever beer or wine is available for on-site consumption, in accordance with the specifications applicable to retail sale for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Beer or wine for retail sale for on-site consumption shall be sold and dispensed only in plastic containers provided by the licensee. Beer or wine sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the beer or wine sold at retail. 4. The sale of beer or wine shall only take place from 11:00 a.m. to 10:00 p.m., Monday through Saturday and from 12:00 p.m. to 10:00 p.m. on Sunday. No beer or wine may be consumed on the premises after 10:30 p.m. on any given day. 5. Every employee of a Class W licensee who participates in the sale of beer or wine, pursuant to this license class, must be BASSET-certified. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be four thousand dollars ($4,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be four thousand two hundred dollars ($4,200.00). No more than zero (0) such license(s) shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity 326 of 338 137-O-16 ~3~ shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 327 of 338 6 For City Council Meeting of October 24, 2016 Item A19 Ordinance 120-O-16: Authorizing the Sale of a Surplus Fleet Vehicle For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/ Director of Administrative Services Rickey A. Voss, Parking/Fleet Division Manager Subject: Ordinance 120-O-16, Sale of Surplus Property Fleet Vehicles Date: October 11, 2016 Recommended Action: Staff recommends that City Council adopt Ordinance 120-O-16 which directs the City Manager to offer the sale of vehicles owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by America’s Auto Auctions on or around Tuesday, November 8, 2016 or any other subsequent America’s Online Auction as these vehicles become available, on a timely basis, as a result of new vehicle replacements being placed into service. Livability Benefits: Climate & Energy: Reduce greenhouse gas emissions Summary: The Fleet Services Division typically participates in two to three vehicle and equipment auctions per year in the Northern Illinois area. The auctions are provided on behalf of America’s Auto Auction, 14001 S. Karlov Avenue, Crestwood, Illinois 60554. America’s Auto Auction is the Northwest Municipal Conference Suburban Purchasing Cooperative’s “bid winner” for auction services for member municipalities. This request authorizes the Fleet Services Division of the Administrative Services Department to sell the vehicles listed in the table below through Northwest Municipal Vehicle Auction sponsored by America’s Auto Auction or any subsequent online internet auction to the highest bidder. All net proceeds from the auction will be credited to account number 601.19.7780.56065, “Sale of Surplus Property.” Memorandum 328 of 338 SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center Department Vehi cle # Vehicle Make Vehicle Model Year V.I.N. # Overall Condition L.T.D. Miles 3050 Parks, Recreation and Community Services N/A 56’x 12’ Acton Construction Trailer 1990 None Very Poor N/A 3080 Parks, Recreation and Community Services 26 Brig Inflatable Boat Model Falcon 450L 2006 QWR61451A607 Very Poor N/A 3080 Parks, Recreation and Community Services 440 North Trail Trailer Model V1200-L 2006 2MBBO58116U053459 Poor N/A Attachments: Ordinance 120-O-16: Authorizing the Sale of a Surplus Fleet Vehicle Owned by the City of Evanston (Northwest Municipal Vehicle Auction) 329 of 338 120-O-16 AN ORDINANCE Authorizing the Sale of a Surplus Fleet Vehicle Owned by the City of Evanston (Northwest Municipal Vehicle Auction) WHEREAS, the City Council of the City of Evanston (the “City”) has determined it is no longer necessary, practical, or economical, nor in the best interests of the City, to retain ownership of a certain surplus fleet vehicle that has a value in excess of one thousand five hundred dollars ($1,500.00) and is described in Exhibit A, which is attached hereto and incorporated herein by reference; and WHEREAS, the City Council has determined that it is in the best interests of the City to sell said surplus fleet vehicle to the highest bidder, 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: Pursuant to Subsection 1-17-3-(B) of the Evanston City Code of 2012, as amended, the City Council hereby authorizes and directs the City Manager to sell the aforementioned surplus fleet vehicle, upon terms and conditions deemed reasonable, necessary, and in the best interests of the City, to the highest bidder at America’s Auto Auctions, the Northwest Municipal Conference Suburban Purchasing Cooperative’s “bid winner” for auction services for member municipalities to be held on or around Tuesday, November 8, 2016 at the Manheim Arena located at 14001 S. Karlov Avenue, Crestwood, Illinois 60554, or at any subsequent America’s 330 of 338 ~2~ Auto Auctions Services online auction. SECTION 3: Upon payment of the price indicated by the America’s Auto Auction Services, the City Manager is hereby authorized to convey evidence of ownership of aforesaid surplus fleet vehicle to the America’s Auto Auction Service. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 331 of 338 ~3~ EXHIBIT A SURPLUS FLEET VEHICLES/EQUIPMENT Cost Center Department Vehi cle # Vehicle Make Vehicle Model Year V.I.N. # Overall Condition L.T.D. Miles 3050 Parks, Recreation and Community Services N/A 56’x 12’ Acton Construction Trailer 1990 None Very Poor N/A 3080 Parks, Recreation and Community Services 26 Brig Inflatable Boat Model Falcon 450L 2006 QWR61451A607 Very Poor N/A 3080 Parks, Recreation and Community Services 440 North Trail Trailer Model V1200-L 2006 2MBBO58116U053459 Poor N/A 332 of 338 For City Council meeting of October 24, 2016 Item A20 Ordinance 127-O-16: Dissolving Howard Hartrey TIF District For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Treasurer Subject: Ordinance 127-O-16 - Dissolving Howard Hartrey TIF District Date: October 11, 2016 Recommended Action: Staff recommends City Council adopt Ordinance 127-O-16 dissolving the Howard Hartrey Tax Increment Financing (TIF) District effective December 31, 2016. As a part of this closure the City is required to officially notify all taxing districts regarding the dissolution and any distribution thereof from remaining funds in the TIF. Livability Benefits: Education Arts and Community: Will provide new revenues to the City’s Schools and municipal operations. Innovation & Process: Support local government best practices and processes Summary: The Howard Hartrey TIF will close on December 31, 2016. As noted below, the City will have fund reserves for distribution, however, the final amount will not be known until the end of the year when the Howard Street resurfacing and signal improvement project is complete. According to the proposed 2017 budget, to be released on October 7, 2016, the 2016 surplus is estimated at just over $500,000. As is also noted in the 2017 proposed budget, the FY 2015 proposed tax levy will include $150,000 from this TIF. This addition to the General Fund Operating Levy will not result in an increase to the overall levy to Evanston tax payers. The Howard Hartrey TIF covers an area of the City bounded by Howard on the South, Hartrey on the East, Main Street to the North and Pitner to the East as noted on Exhibit A to Ordinance 127-O-16. Memorandum 333 of 338 PROPOSED 2017 BUDGET HOWARD HARTREY TIF - FUND SUMMARY Operating Revenue FY 2015 Actual Amount FY 2016 Amended Budget FY 2016 Year End Estimated FY 2017 Proposed Budget Property Taxes 1,248,231 1,300,000 1,300,700 - Other Revenue 1,986 2,000 - - Total Revenue 1,250,217$ 1,302,000$ 1,300,700$ -$ Operating Expenses Services and Supplies 1,158 - 500 Miscellaneous 2,162,381 200,000 215,000 - Capital Outlay 11,402 - - - Interfund Transfers 148,010 1,752,450 1,852,450 513,865 Total Expenses 2,322,950$ 1,952,450$ 2,067,950$ 513,865$ Net Surplus (Deficit)(1,072,733)$ (650,450)$ (767,250)$ (513,865)$ As noted above, the TIF is expected to close the year with a fund balance just over $500,000. Assuming that the City receives approximately 17% of the total Evanston tax bill, this surplus would result in an estimated distribution to the City of just over $220,000. As proposed in the 2017 Budget, $150,000 of these future available tax revenues will go toward funding the Police and Firefighter’s Pensions. The General Assistance Fund is also proposed to increase its levy by $100,000 for 2017. The City Council Agenda will have a surplus distribution ordinance for consideration as soon as all expenses are recorded for the Howard Street resurfacing and signal improvement project The TIF frozen valuation at inception was $8.4 million and as of December 31, 2015, was valued at $20.5 million, making the increase 244%. Legislative History: Ordinance 8-O-92 Ordinance 9-O-92 Ordinance 10-O-92 Attachments: Ordinance 127-O-16 334 of 338 9/20/16 127-O-16 AN ORDINANCE Dissolving the Redevelopment Project Area of the City of Evanston, Illinois, and Related Matters (“Howard Hartrey TIF”) WHEREAS, pursuant to Ordinances 8-O-92, 9-O-92, and 10-O-92 adopted April 27, 1992, the City of Evanston, Illinois (the “City”) adopted a redevelopment plan and a related redevelopment project (the “Redevelopment Plan and Redevelopment Project”), designated a redevelopment project area (the “Redevelopment Project Area”) (as shown in Exhibit “A” attached to this ordinance), and adopted tax increment finance for the Redevelopment Project Area. WHEREAS, City Council has received the certification of the City’s Treasurer and Community Development Director that all redevelopment project costs for the Redevelopment Project Area have been paid, that all obligations in connection with the Redevelopment Project Area have been retired, and all excess monies have been distributed, and notice of the dissolution of the special tax allocation fund and the termination of the Redevelopment Project Area was given by the City Clerk on or before November 1, 2016, to all affected taxing districts. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS, as follows: SECTION 1: The City dissolves the special tax allocation fund for the Redevelopment Project Area, and terminates the Redevelopment Project Area as a “redevelopment project area” under the Act. 335 of 338 127-O-16 ~2~ SECTION 2: The City Clerk shall immediately file a certified copy of this Ordinance 127-O-16 with the County Clerk of Cook County, Illinois. SECTION 3: This Ordinance 127-O-16 shall become effective immediately upon its passage and approval. Upon motion by __________________, seconded by __________________, adopted this ___ day of _________________, 2016, by roll call vote as follows: Voting “Yes” (names): _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ Voting “No” (names): _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ _______________________________________________ 336 of 338 127-O-16 ~3~ Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 337 of 338 127-O-16 ~4~ EXHIBIT A Map of Howard Hartrey TIF Area 338 of 338