Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
11.28.16 Packet
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, November 28, 2016 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development Committee (P&D) meets at 7:15 p.m. City Council meeting will convene at conclusion of the P&D Committee meeting. At the request of Mayor Tisdahl, Ordinance 33-O-16, Building Energy and Water Use Benchmarking has been continued to the December 12, 2016 City Council meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Braithwaite (II) Mayor Public Announcements and Proclamations (III) City Manager Public Announcements Shop Evanston Events Evanston Life Magazine Update Evanston Festival Update Winter Awareness Week, December 4 – 10, 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. 1 of 476 City Council Agenda November 28, 2016 Page 2 of 12 (VI) Special Order of Business (VII) Consent Agenda: Alderman Rainey (VIII) Report of the Standing Committees Administration & Public Works - Alderman Braithwaite Planning & Development - Alderman Revelle 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) Adjournment SPECIAL ORDER OF BUSINESS (SP1) Ordinance 156-O-16, Establishing the City of Evanston as a “Welcoming City” Mayor Tisdahl recommends the City Council adopt Ordinance 156-O-16, amending Title 1, to add Chapter 21 entitled “Welcoming City Ordinance.” The Ordinance will help build on efforts to make the City of Evanston one of the most immigrant-friendly cities in the country. For Introduction (SP2) Community Open Space Score Card Report Staff recommends that City Council accept the 2016 Public Open Space Score Card report and place on file. In August 2016, City Council approved the request to contract with The Lakota Group to assess the cleanliness, safety, physical structures, appearance, and functionality of open spaces in all City parks, Ridgeville Parks, District 65 School sites and the Cook County Forest Preserve site. Surveys were done over the past two months to objectively and quantitatively measure the quality of park infrastructure and maintenance in order to ensure the highest level of service possible. All data has now been collected and summarized into the Public Open Space Card report documents. For Action: Accept and Place on File CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting October 24, 2016, November 7, 2016 and November 14, 2016. For Action 2 of 476 City Council Agenda November 28, 2016 Page 3 of 12 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – through November 6, 2016 $ 2,879,642.31 (A2) FY2016 City of Evanston Bills – November 29, 2016 $ 3,825,387.23 For Action (A3.1) Purchase of Insurance/Renewals– Property, Excess Liability & Excess Worker’s Compensation for Fiscal Year 2017 Staff recommends approval to purchase the outlined policies at a total cost of $528,658. The policies will renew all insurance coverage for the City for Fiscal Year 2017. All coverage exclusive of Worker’s Compensation is budgeted at $490,000, and Worker’s Compensation is budgeted at $130,000, for a FY2017 total of $620,000. Premium quotations received reflected the market’s tightening, but there was a slight decrease in total pricing for all coverages. Funding for this purchase will be from the Insurance Fund (Account Number 605.99.7800.62615 and 605.99.7800.66044). For Action (A3.2) Contracts to Supply Water Treatment Chemicals Staff recommends that City Council authorize the City Manager to execute contracts with the following five vendors to supply water treatment chemicals in response to Bid 16-63: 1) Affinity Chemical (P.O. Box 601298, Dallas, Texas) in the amount of $118,250.00 to supply aluminum sulfate (alum); 2) JCI Jones (600 Bethel Ave. Grove Indiana 46107) in the amount of $33,044.00 to supply chlorine; 3) Mosaic-Fishhawk (13830 Circa Crossing Dr, Lithia, FL) in the amount of $107,400.00 to supply HFS acid (fluoride); 4) SNF Polydyne Inc. (One Chemical Plant Road, Riceboro, GA) in the amount of $23,840.00 to supply polymer; and 5) Carus Corporation (315 Fifth Street, Peru, IL) in the amount of $88,614.40 to supply blended phosphate. The total of these proposed purchases is $371,148.40. Funding for the purchase of alum, chlorine, fluoride and polymer is from Account 510.40.4220.65015, which has a budget allocation of $465,000.00 for FY2017. Blended phosphate is purchased from Account 510.40.4220.65030, which has a FY2017 budget allocation of $101,000. For Action 3 of 476 City Council Agenda November 28, 2016 Page 4 of 12 (A3.3) Funding for First Night Evanston Staff recommends that the City Council consider a request for funding in the amount of $5,000.00 by Emily Guthrie for the First Night Evanston event taking place on December 31, 2016. The City provided a grant of $5,000 the past two years, and $10,000 in 2013. Funding will be provided from the Economic Development Fund (Account 225.21.5300.65525). For Action (A3.4) Third Quarter Financial Report for Fiscal Year 2016 Staff recommends City Council accept and place the Third Quarter Financial Report for Fiscal Year 2016 on file. The City ended the third quarter of the 2016 fiscal year in stable financial condition. Through September 30, 2016, there is a General Fund surplus (year to date net of revenues and expenses) of approximately $5.2M. The City’s financial performance is the result of above anticipated revenues (78.5%) and expenditures being at budgeted levels (74%). For Action: To Accept and Place on File (A4) Resolution 72-R-16, Fiscal Year 2017 Budget of the City of Evanston Staff recommends approval of Resolution 72-R-16 adopting the FY 2017 Budget of the City of Evanston, in the amount of $311,374,116. For Action (A5) Resolution 69-R-16, Authorizing City Manager to Enter into Twelve Month Lease Agreements for Studio Spaces at the Noyes Cultural Arts Center Staff recommends City Council adopt Resolution 69-R-16 authorizing the City Manager to enter into thirty-one (31) renewal agreements for twelve (12) month lease term for the artist leases for studios at the Noyes Cultural Arts Center. For Action (A6) Ordinance 48-O-16, Authorizing City Manager to Execute a Lease of City- Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC Staff recommends City Council adoption of Ordinance 48-O-16, “Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC”. A two-thirds majority of City Council is required to adopt Ordinance 48-O-16. For Introduction 4 of 476 City Council Agenda November 28, 2016 Page 5 of 12 (A7) Ordinance 148-O-16, Amending City Code Section 1-7-2 to Authorize the City Clerk to Solemnize Marriages The City Clerk requests adoption of Ordinance 148-O-16, which amends City Code Section 1-7-2 regarding the City Clerk’s powers and duties by authorizing the City Clerk to solemnize marriages. The City Clerk will request suspension of the Rules so that the Ordinance may be adopted to provide for a requested marriage in December. For Introduction and Action (A8) Ordinance 149-O-16, Increasing the Number of Class H Liquor Licenses for Evanston Pan, LLC d/b/a Pita 1 Local Liquor Commissioner recommends City Council adoption of Ordinance 149-O-16, amending City Code Subsection 3-4-6-(H) to increase the number of authorized Class H liquor licenses from one (1) to two (2) and permit issuance of a Class H license to Evanston Pan, LLC d/b/a Pita 1 located at 1926 Central Street For Introduction (A9) Ordinance 150-O-16, Increasing the Number of Class D Liquor Licenses for Sara’s 1K, Ltd. d/b/a Dave’s New Kitchen Local Liquor Commissioner recommends City Council adoption of Ordinance 150-O-16, amending City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-six (56) to fifty-seven (57) and permit issuance of a Class D license to Sara’s 1K, Ltd. d/b/a Dave’s New Kitchen located at 815 Noyes Street. Alderman Fiske requests suspension of the rules for introduction and adoption at the November 28, 2016 City Council meeting. For Introduction and Action (A10) Ordinance 151-O-16, Amending Subsection 3-4-6(W) of the City Code to Allow for Sale of Beer and Wine Between the Hours of 11:00 a.m. to 12:00 a.m. on Monday through Saturday and 12:00 p.m. to 12:00 a.m. on Sunday Local Liquor Commissioner recommends City Council adoption of Ordinance 151-O-16, amending City Code Subsection 3-4-6(W) to increase the hours for the sale of beer and wine. On November 9, 2016, Urban Indoor Sports, LLC d/b/a Quad Indoor Sports (“Company”), 2454 Oakton Street, requested the Liquor Control Review Board (“LCRB”) consider allowing the sale of beer and between the hours of 11:00 a.m. to 12:00 a.m. on Monday through Saturday and 12:00 p.m. to 12:00 a.m. on Sunday. The LCRB approved extending the sale of beer and wine between the proposed hours. For Introduction 5 of 476 City Council Agenda November 28, 2016 Page 6 of 12 (A11) Ordinance 152-O-16, Decreasing the Number of Class C Liquor Licenses for The Stained Glass, Ltd., d/b/a The Stained Glass Local Liquor Commissioner recommends City Council adoption of Ordinance 152-O-16, amending City Code Subsection 3-4-6-(C) to decrease the number of authorized Class C liquor licenses from twenty-five (25) to twenty-four (24). The Stained Glass, Ltd., d/b/a The Stained Glass located at 1735 Benson Avenue is changing from a Class C to a Class I Liquor License. Alderman Fiske requests suspension of the rules for introduction and adoption at the November 28, 2016 City Council meeting. For Introduction and Action (A12) Ordinance 153-O-16, Increasing the Number of Class I Liquor Licenses for The Stained Glass, Ltd., d/b/a The Stained Glass, 1735 Benson Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 153-O-16, amending City Code Subsection 3-4-6-(I) to increase the number of authorized Class I liquor licenses from one (1) to two (2), and permit issuance of a Class I license to The Stained Glass, Ltd., d/b/a The Stained Glass (“Company”) located at 1735 Benson Avenue. The Class I license will permit Company to retail sale of alcoholic liquor in restaurants only for consumption both on the licensed premises and off the premises. Alderman Fiske requests suspension of the rules for introduction and adoption at the November 28, 2016 City Council meeting. For Introduction and Action (A13) Ordinance 154-O-16, Increasing the Number of Class W Liquor Licenses for Urban Indoor Sports, LLC d/b/a Quad Indoor Sports Local Liquor Commissioner recommends City Council adoption of Ordinance 154-O-16, amending City Code Subsection 3-4-6-(W) to increase the number of authorized Class W liquor licenses from zero (0) to one (1) and permit issuance of a Class W license to Urban Indoor Sports, LLC d/b/a Quad Indoor Sports located at 2454 Oakton Street. For Introduction (A14) Ordinance 155-O-16, Amending Subsection 3-4-6(U) of the City Code to Allow Class U Liquor Licenses the Sale of Alcoholic Liquor Local Liquor Commissioner recommends City Council adoption of Ordinance 155-O-16, amending City Code Subsection 3-4-6(U) to allow Class U Liquor Licenses the sale of alcoholic liquor. The City currently restricts the Class U liquor license to the sale of beer and wine only. On November 9, 2016, Dance Center Evanston, Inc. located at 1934 Dempster St, requested the Liquor Control Review Board (“LCRB”) consider allowing the sale of alcoholic liquor in addition to beer and wine; The LCRB approved the request. Alderman Braithwaite requests suspension of the rules for introduction and adoption at the November 28, 2016 City Council meeting. For Introduction and Action 6 of 476 City Council Agenda November 28, 2016 Page 7 of 12 (A15) Ordinance 109-O-16, Amending Section 10-6-1 of the City Code, Revising the Definition of Abandoned Vehicle Staff recommends that the City Council City adopt Ordinance 109-O-16, revising the definition of Abandoned Vehicle. In Section 10-6-1 of the City Code, the definition of an Abandoned Vehicle was amended by adding subsection (c) stating that a vehicle parked on the public way and “has been left on the public way without valid state registration plates or a valid temporary state registration for two (2) or more days” is also classified as an abandoned vehicle. For Introduction (A16) Ordinance 158-O-16, Amending Sections 10-11-11 and 10-11-12 of the City Code, Removing Reserved Parking and Increasing Parking Meter Zone in City Parking Lot 27 The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 158-O-16, amending City Code Sections 10-11-11 and 10-11-12 to remove reserved parking and change the parking meter zone from twenty-two (22) to thirty-four (34) spaces in City Parking Lot 27 located at 1621 Oak Avenue to aid in the availability of convenient customer parking for neighboring businesses. For Introduction (A17) Ordinance 146-O-16, Amending Section 7-13-3 of the City Code, Decreasing the Sewer User Rates Staff recommends that City Council adopt Ordinance 146-O-16, which would decrease the sewer user rate by 3%, from $3.94 to $3.82 per billing unit (100 cubic feet of water consumed). For Introduction (A18) Ordinance 145-O-16, Amending Section 7-12-17 of the City Code, Increasing the Meter Charges and Water Rates Staff and Utilities Commission recommend that City Council adopt Ordinance 145-O-16, which would increase the water meter charges and water rates by six percent (6%). This rate increase is offset by the sewer rate decrease and the rate adjustment will be neutral to the rate payers. For Introduction 7 of 476 City Council Agenda November 28, 2016 Page 8 of 12 (A19) Ordinance 138-O-16, Amending City Code, Section 10-11-3, Schedule III (A), Prohibiting Left Turn from Ridge Avenue onto Grove Street between the hours of 7AM to 7PM Staff recommends that City Council adopt proposed ordinance 138-O-16 which would amend Section 10-11-3, Schedule III (A) of the City Code to establish left turn prohibition from Ridge Avenue onto Grove Street between the hours of 7 AM to 7 PM. To address safety and operational concerns at the intersection of Ridge Avenue and Grove Street, the Public Works Agency in coordination with the Evanston Police Department implemented turn restrictions on a trial basis starting in April, 2016. The trial restriction has been successful in mitigating traffic accidents at the intersection. Funding will be through the General Fund- Traffic Control Supplies (Account 100.40.4510.65115), with a budget of $40,000 for FY 2016. The needed signs for the completed pilot program were already installed, and additional funding is not anticipated at this time. For Action (A20) Ordinance 139-O-16, Amending City Code Section 10-11-3, Schedule III (C) allowing Right Turn Only from Grove Street onto Ridge Avenue between the Hours of 7 AM and 7 PM Staff recommends that City Council adopt proposed ordinance 139-O-16 which would amend Section 10-11-3, Schedule III (C) of the City Code to establish right turn only from Grove Street onto Ridge Avenue between the hours of 7 AM to 7 PM. To address safety and operational concerns at the intersection of Ridge Avenue and Grove Street, the Public Works Agency in coordination with the Evanston Police Department implemented turn restrictions on a trial basis starting in April, 2016. The trial restriction has been successful in mitigating traffic accidents at the intersection. Funding will be through the General Fund- Traffic Control Supplies (Account 100.40.4510.65115), with a budget of $40,000 for FY 2016. The needed signs for the completed pilot program were already installed, and additional funding is not anticipated at this time. For Action (A21) Ordinance 141-O-16: City of Evanston 2016 Tax Levy Staff requests City Council adoption of Tax Levy Ordinance 141-O-16, which levies the annual property tax for General Fund Operations, Illinois Municipal Retirement Fund (IMRF), Police and Fire Pension Funds, and the General Assistance Fund totaling $29,670,871 or a 3.9% increase over the 2015 tax levy of $28,548,422 as extended. This calculation does not include Debt Service Levy decrease which then changes the total increase to the 2.38% as discussed during budget proceedings. For Action 8 of 476 City Council Agenda November 28, 2016 Page 9 of 12 (A22) Ordinance 142-O-16: 2016 Special Service Area #4 Tax Levy Staff requests City Council adoption of Tax Levy Ordinance 142-O-16, which levies the annual property tax for Special Service Area #4 in the amount of $329,592, or a 0% increase. For Action (A23) Ordinance 143-O-16: 2016 Special Service Area #6 Tax Levy Staff requests City Council adoption of Tax Levy Ordinance 143-O-16, which levies the annual property tax for Special Service Area #6 in the amount of $214,286 or a 0% increase. For Action (A24) Ordinance 144-O-16: Evanston Public Library 2016 Tax Levy Staff requests City Council adoption of Tax Levy Ordinance 144-O-16, which levies the annual property tax for the Evanston Public Library in the amount of $6,412,610 as extended, or a 3.8% increase over the 2015 tax levy of $6,177,735. For Action (A25) Ordinance 147-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (F); Residents Parking Only Districts, of the Evanston City Code, Seven o’clock (7 a.m.) to Nine o’clock (9 a.m.) The Transportation/Parking Committee and staff recommend that the City Council City adopt Ordinance 147-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (E) and (F); Residents Parking Only Districts, of the Evanston City Code adding the both sides of Jackson Avenue from Lincoln Street to Central Street, both sides of Rosalie Street from Jackson Avenue to Asbury Avenue and Asbury Avenue, west side from Lincoln Street to Rosalie, seven o’clock (7 a.m.) to nine o’clock (9 a.m.), Monday – Friday. For Action 9 of 476 City Council Agenda November 28, 2016 Page 10 of 12 PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 117-O-16, Updating Various Parts of Title 6, “Zoning” of the Evanston City Code to Conform with the City of Evanston Inclusionary Housing Ordinance The Plan Commission and staff recommend adopting Ordinance 117-O-16 amending parts of Title 6, “Zoning” of the City Code to codify development bonuses established by the City of Evanston’s Inclusionary Housing Ordinance (IHO). A synopsis of the amendments are as follows: a new subsection outlining available development bonuses will be added to all zoning districts that allow residential uses; parking requirements will be updated for residential developments which fall under IHO requirements and provide on-site affordable units; and the addition of definitions for Transit Oriented Development (TOD), TOD Area and Transit Station, each currently a part of the IHO. For Introduction ECOMONMIC DEVELOPMENT COMMITTEE (O1) Downtown Evanston FY2017 Request for Budget Contribution Share The Economic Development Committee and staff recommend approval of funding for Downtown Evanston as follows: $370,000 from the Special Service Area # 4 (SSA #4) for downtown operations and maintenance; $98,670 equally split equally between the Washington National TIF and Economic Development fund for additional maintenance contract reimbursements; $83,000 from the Economic Development Fund for supplemental marketing and economic development activities. For Action (O2) Evanston Local Arts Support for Hiring Program Economic Development Committee and staff recommend the City Council approve funding of up to $50,000 to nonprofit arts organizations to hire additional staff or increase the hours of existing staff. The Local Arts Support for Hiring (LASH) program builds capacity and diversity by focusing on positions for local minority residents. Staff recommends utilizing funds from the Economic Development Business Retention Account (Account 221.15.5300.62662) for this program. For Action 10 of 476 City Council Agenda November 28, 2016 Page 11 of 12 (O3) Resolution 71-R-16, Authorizing City Manager to Execute a Memorandum of Understanding for the Future Development of City-Owned Property at 721- 723 Howard Street Staff and Economic Development Committee recommend that the City Council adopt Resolution 71-R-16, directing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with Theo Ubique. This resolution will provide direction to continue the pre-development activities for planning and design of a theatre in the existing building at 717-723 Howard Street. Funding responsibility for this project is to be shared between the City and Theo Ubique, with the City funding approximately $1.4 million in design and construction costs from the Howard/Ridge TIF, and Theo Ubique raising $204,450 to fund purchase and installation of all necessary furniture, fixtures, and equipment. The Howard/Ridge TIF has $1 million budgeted in the 2017 proposed budget; upon approval of this agreement, this amount will be increased to the estimated $1.4 million. For Action APPOINTMENTS (APP1)For Reappointment to: Preservation Commission Karl Vogel Preservation Commission Sally Riessen Hunt Plan Commission Terri Dubin Plan Commission Colby Lewis For Action 11 of 476 City Council Agenda November 28, 2016 Page 12 of 12 MEETINGS SCHEDULED THROUGH DECEMBER 2016 Upcoming Aldermanic Committee Meetings Thurs, Dec 1 7:00 PM Housing and Homelessness Commission Mon, Dec 5 6:00 PM Human Services Committee Mon, Dec 12 6:00 PM A&PW, P&D, City Council meetings Tues, Dec 20 7:00 PM Housing & Community Dev. Act Committee Tues, Dec 20 7:00 PM Northwestern-City 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. 12 of 476 For City Council meeting of November 28, 2016 Item SP1 Ordinance 156-O-16: Enacting a Welcoming City Ordinance For Introduction To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 156-O-16 – Establishing the City of Evanston as a “Welcoming City” Date: November 28, 2016 Recommended Action: Mayor Tisdahl recommends the City Council adopt Ordinance 156-O-16, Amending Title 1, to add Chapter 21 entitled “Welcoming City Ordinance”. Livability Benefits: Education, Arts & Community: Support Social and Cultural Diversity. Summary: Ordinance 156-O-16 builds on efforts to make Evanston one of the most immigrant- friendly cities in the country. The political climate has created uncertainty in the immigrant community; this legislative action clarifies that both documented and undocumented immigrants must be treated with respect and dignity by all City employees, elected officials, and board and commission members. Evanston’s “Welcoming City Ordinance” will protect undocumented immigrants from being held for immigration authorities after coming in contact with City police, unless they have been convicted of a serious crime or are a wanted criminal for whom an arrest warrant has already been issued. Ordinance 156-O-16 is modeled after the City of Chicago’s Welcoming City Ordinance, which was passed in 2012 and amended on October 5, 2016. Under proposed Ordinance 156-O-16: •City departments and officials cannot inquire about the immigration status of people seeking City services. •The Police Department cannot question crime victims, witnesses or other law- abiding residents about their citizenship status. Violations of this Ordinance are to be referred and reviewed by the Office of Professional Standards for the Police Department. •Sets out parameters for the Police Department on enforcement actions that involve a legitimate law enforcement purpose that is unrelated to the Memorandum 13 of 476 2 enforcement of a civil immigration law and for situations in which the United States Immigration and Customs Enforcement Agency is attempting to enforce civil immigration laws. Legislative History: On March 10, 2008, the City Council adopted Resolution 11-O-08 “Calling for Comprehensive Immigration Reform and for Reaffirmation of the City’s Commitment to Humane and Just Treatment of Immigrants and Their Families”. Resolution 11-O-08 is attached for your review and sets forth Evanston’s position that comprehensive immigration reform must be addressed. It also stresses that public resources should be redirected from deportation and focusing on making the process for applicants for citizenship status easier to utilize. Attachments: Ordinance 156-O-16 Resolution 11-R-08 14 of 476 11/22/2016 156-O-16 AN ORDINANCE Amending Title 1 of the Evanston City Code to Add Chapter 21 to Codify Evanston as a “Welcoming City” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Legislative Statement. The City of Evanston welcomes diversity and believes that all individuals living in or visiting the City of Evanston should be treated fairly and with respect and dignity. The City Council wishes to further enhance the City’s relationship with immigrant communities and make the City of Evanston an immigrant-friendly City. This Ordinance discourages unlawful discrimination and strongly supports the equal treatment of all individuals regardless of national origin. The City Council finds that achieving and maintaining a community that treats documented and undocumented immigrants with respect and dignity is in line with the public policy of the City and the principles upon which the United States was founded. This Ordinance will promote the general welfare of City of Evanston residents and visitors alike. Article VII, Section (6)a of the Illinois Constitution of 1970, states that the “powers and functions of home rule units shall be construed liberally,” and written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164). Pursuant to 65 ILCS 5/1-2-1, the City may make all rules 15 of 476 156-O-16 and regulations to carry out powers granted to the City, which are broad complementing the City’s home rule powers. At meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, and made findings. It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747(1991)) and is not subject to courtroom fact-finding (see National Paint & Coating Ass’n v. City of Chicago, 45 F.3d 1124 (1995)). SECTION 2: Title 1 of the Evanston City Code of 2012, is hereby amended to add Chapter 21, Welcoming City Ordinance, which shall read as follows: CHAPTER 21 – WELCOMING CITY ORDINANCE 1-21-1: SHORT TITLE. This Chapter shall be known and may be cited as the EVANSTON WELCOMING CITY ORDINANCE. 1-21-2: PURPOSE. The vitality of the City of Evanston (the “City”), as an ethnically, racially and religiously diverse city in the State of Illinois, is built, in part, on the strength of its immigrant communities in the City. The City Council finds that the cooperation of all persons, both documented citizens and those without documentation status, is essential to achieve the City’s goals of protecting life and property, preventing crime and resolving problems. Furthermore, immigrant community members, whether documented citizens or not, should be treated with respect and dignity by all City employees and should not be subjected to physical abuse, threats, or intimidation. One of the City’s most important goals is to enhance the City’s relationship with the immigrant communities. Due to the City’s limited resources; the complexity of immigration laws; the clear need to foster the trust of and cooperation from the public, including members of the immigrant communities; and to effectuate the City’s goals, the City Council finds that there is a need to clarify the communications and enforcement relationship between the City and the federal government and to clarify what specific conduct by City employees is prohibited because such conduct significantly harms the City’s relationship with immigrant communities. The purpose of this Chapter is to establish the City’s 16 of 476 156-O-16 procedures concerning immigration status and enforcement of federal civil immigration laws and to identify the conduct that City employees may not engage in when interacting with community members. 1-21-3: CONSTRUCTION. This Chapter shall be construed according to the fair import of its terms and shall be liberally construed to further the purposes and policy stated in this Section and the special purpose of the particular provision involved. 1-21-4: SEVERABILITY. If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. 1-21-5: DEFINITIONS. For the purposes of this Chapter, the following terms shall have the following meanings: ADMINISTRATIVE WARRANT Any document issued by ICE that can form the basis for an individual’s arrest or detention for a civil immigration enforcement purpose. This definition does not include any criminal warrant issued upon a judicial determination of probably cause, and in compliance with the requirements of the Fourth Amendment to the U.S. Constitution and Article I, Section 6 of the Illinois Constitution. AGENCY Every City department, division, council, committee, board, or other body established by authority of an ordinance, or City Council resolution. AGENT Any person employed by or acting on behalf of the City of Evanston. CITIZENSHIP OR IMMIGRATION STATUS All matters regarding questions of citizenship of the United States or any other country, the authority to reside in or otherwise be present in the United States. COERCION The use of improper or unlawful force or threats, express or implied, in order to compel a person to act against his or her will. Coercion also includes compelling a person to make statements. 17 of 476 156-O-16 ICE The United States Immigration and Customs Enforcement Agency and shall include any successor agency charged with enforcement of civil immigration laws. IMMIGRATION DETAINER A request by ICE to a federal, state or local law enforcement agency to provide notice of release or maintain custody of an individual based on an alleged violation of a civil immigration law. VERBAL ABUSE The use of oral or written remarks that are overtly insulting, mocking, or belittling, directed at a person based upon the actual or perceived race, immigration status, color, ancestry, or national origin. 1-21-6: REQUESTING INFORMATION PROHIBITED. No agent or agency shall request information about or otherwise investigate or assist in the investigation of the citizenship or immigration status of any person unless such inquiry or investigation is required by Illinois State Statute, federal regulation, or court decision. Notwithstanding this provision, the Corporation Counsel may investigate and inquire about immigration status when relevant to potential or actual litigation or an administrative proceeding in which the City is or may be a party. 1-21-7: THREATS BASED ON CITIZENSHIP OR IMMIGRATION STATUS PROHIBITED. No agent or agency will coerce, including improper or unlawful threats of deportation, or engage in verbal abuse of any person based upon the person’s or the person’s family members’ actual or perceived citizenship or immigration status. For purposes of this Section, “family member” means a person’s: 1. Mother, father, spouse, brother or sister (including blood, step or half), son or daughter (including blood, step or half), father-in-law, mother-in-law, daughter-in- law, son-in-law, brother-in-law, sister-in-law, grandparent or grandchild; or 2. Court-appointed legal guardian; or 3. Domestic partner or the domestic partner’s mother, father, brother, sister (including blood, step, or half), son or daughter (including blood, step or half). 1-21-8: DISCLOSING INFORMATION PROHIBITED. Except as otherwise provided under applicable federal law, no agent or agency shall disclose information regarding the citizenship or immigration status of any person 18 of 476 156-O-16 unless required to do so by legal process or such disclosure has been authorized in writing by the individual to whom such information pertains, or if such individual is a minor or is otherwise not legally competent, by such individual’s parent or guardian. 1-21-9: CONDITIONING BENEFITS, SERVICES, OR OPPORTUNITIES ON IMMIGRATION STATUS PROHIBITED. (A) No agent or agency shall condition the provision of City of Evanston benefits, opportunities, or services on matters related to citizenship or immigration status unless required to do so by statute, federal regulation, or court decision. (B) Where presentation of an Illinois driver’s license or identification card is accepted as adequate evidence of identity, presentation of a photo identity document issued by the person’s nation of origin, such as a driver’s license, passport, or consulate-issued document, shall be accepted and shall not subject the person to a higher level of scrutiny or different treatment than if the person had provided an Illinois driver’s license or identification card except that this subsection (B) shall not apply to the completion of the federally mandated I-9 forms. 1-21-10: CIVIL IMMIGRATION ENFORCEMENT ACTIONS – FEDERAL RESPONSIBILITY (A) Except for such reasonable time as is necessary to conduct the investigation specified in Subsection (D) of this Section, no agency or agent shall: 1. Arrest, detain or continue to detain a person solely on the belief that the person is not present legally in the United States, or that the person has committed a civil immigration violation; 2. Arrest, detain, or continue to detain a person based on an administrative warrant entered into the Federal Bureau of Investigation’s National Crime Information Center database, or successor or similar database maintained by the United States, when the administrative warrant is based solely on a violation of a civil immigration law; or 3. Detain, or continue to detain, a person based upon an immigration detainer, when such immigration detainer is based solely on a violation of a civil immigration law. (B) Unless an agency or agent is acting pursuant to a legitimate law enforcement purpose that is unrelated to the enforcement of a civil immigration law, no agency or agent shall: 1. Permit ICE agents access to a person being detained by, or in the custody of, the agency or agent; 2. Permit ICE agents use of agency facilities for investigative interviews or other investigative purpose; or 19 of 476 156-O-16 3. While on duty, expend their time responding to ICE inquiries or communicating with ICE regarding a person’s custody status or release date. (C) An agency or agent is authorized to communicate with ICE in order to determine whether any matter involves enforcement based solely on a violation of a civil immigration law. (D) This Section shall not apply when an investigation conducted by the agency or agent indicates that the subject of the investigation: 1. Has an outstanding criminal warrant; 2. Has been convicted of a felony in any court of competent jurisdiction; 3. Is a defendant in a criminal case in any court of competent jurisdiction where a judgment has not been entered and a felony charge is pending; or 4. Has been identified as a known gang member either in a law enforcement agency’s database or by his or her own admission. 1-21-11: NO PRIVATE CAUSE OF ACTION. This Chapter does not create or form a basis for liability on the part of the City, its agents, or agencies. The exclusive remedy for violation of this Chapter shall be through the City’s disciplinary procedures for officers and employees under regulations including but not limited to this City personnel rules, Code of Ethics, union contracts, or any other City rules and/or regulations. If a complaint is received for a possible violation of this Chapter by a member of the Evanston Police Department, the City Manager shall transmit it to the Evanston Police Department, Office of Professional Standards, for processing and review. 1-21-12: EXCHANGING FILE INFORMATION. All applications, questionnaires, and interview forms used in relation to City of Evanston benefits, opportunities, or services shall be promptly reviewed by the pertinent agencies and any questions regarding citizenship or immigration status, other than those required by statute, ordinance, federal regulation or court decision, shall be deleted within ninety (60) days of the passage of this Ordinance. 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 20 of 476 156-O-16 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: Ordinance 156-O-16 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 21 of 476 3/13/2008 3/12/2008 3/4/2008 1/30/2008 11-R-08 A RESOLUTION Calling for Comprehensive Immigration Reform and for Reaffirmation of the City's Commitment to Humane and Just Treatment of Immigrants and Their Families WHEREAS,historical circumstances have led to the uneven development of the resources of the peoples of Asia, Africa, Latin America, the Caribbean and North America resulting in the concentration of significant wealth in such countries as the United States, France, England, Canada and other western nations and in the impoverishment of the majority of the world's people; WHEREAS,such high concentration of resources in the United States, its high standard of living, the evolution of a tradition of protecting the individual rights and liberties of its citizens have caused major inflow of migrants into the United Stated from various parts of the world seeking a better quality of life; WHEREAS,international political conflicts, inequities in various regions of the world, poverty and the emergence of brutal dictatorial regimes that violate their people's human rights have led many to escape into the United States in search of refuge and political asylum; WHEREAS,the United States, from its inception, has been a nation 22 of 476 11-R-08 of immigrants seeking political or economic refuge, freedoms not attainable in their land of origin, and the ability to improve their lot in life that is not open to them elsewhere; and WHEREAS,the tradition of generosity of the American people is inscribed on the Statue of Liberty which states: Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tossed to me, I lift my lamp beside the golden door; and WHEREAS,throughout the history of the United States, immigrants who come to the United States have contributed greatly to the social, cultural, and economic success of our society and still do so today; WHEREAS,today, the immigration policy of the United States has become inefficient and applied unequally thereby resulting in significant administrative backlog of qualified applicants awaiting years for the processing of their applications; WHEREAS,the major inflow of immigrants into the United States and the inefficient execution of the immigration policy have resulted in more than 12 million immigrants in the United States who are not yet documented; -2-23 of 476 11-R-08 WHEREAS,the overwhelming majority of these immigrants who are here in the United States but who have not yet gotten documented are law abiding, hard-working, tax paying individuals; WHEREAS,many American businesses and individuals depend on these immigrants for their labor and for their services; WHEREAS,it is unreasonable, irrational and impractical to expect the United States government to invest the tremendous amount of resources that it would take to deport over 12 million human beings because of their lack of documentation as the application of such a policy would create chaos in society; WHEREAS,however, the Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security continues to conduct excursions to round up and deport not-yet-documented immigrants creating an atmosphere of fear even when such actions result in the separation of parents from their American children; WHEREAS,Evanston has had a long history of taking the lead in defense of justice, compassion, human rights and peace, as evidenced by city declarations of our opposition to the war in Iraq; of Evanston as a sanctuary community for EI Salvadoran refugees and as a nuclear free zone; and Evanston's proud tradition of valuing and promoting diversity, as in the successful effort to integrate our public schools, the annual celebration of the Ethnic Arts Festival and the provision of bilingual education and bilingual city services; and -3-24 of 476 11-R-08 WHEREAS,the City of Evanston, including all of its departments, has never conditioned the provision of City benefits, opportunities, or services on matters related to citizenship or immigrant status; and NOW, THEREFORE, BE IT RESOLVED,that the City of Evanston reaffirms its practice and commitment to the continued treatment of immigrants and their families on a humane and just basis. BE IT FURTHER RESOLVED,that the Mayor and the Evanston City Council urge the United States Congress and the President of the United States to support comprehensive immigration reform that would do the following: (1) provide a road for legalization of not-yet-documented immigrants who are currently living within the borders of the United States and who have not committed crimes against society; (2) protect families from forced separation through deportation of undocumented parents from their American children through the passage of Temporary Protective Status (TPS) for the law-abiding parents of American children against deportation; (3) make more efficient the process by which qualified applicants may receive their legal papers on an expedited basis; and (4) redirect public resources from deportation efforts to the establishment of processing stations at designated ports of entry into the United States to manage the flow of Immigration; and (5) end discriminatory treatment of applications for immigration relief on the basis of race, gender, national origin or economic class status. BE IT FURTHER RESOLVED,that suitable copies of this Resolution be prepared and presented to the President of the United States, the members of -4-25 of 476 11-R-08 the Illinois congressional delegation, the members of the Illinois General Assembly, and both local and national officials of the Department of Homeland Security. I CJ ,2008 -5-26 of 476 For City Council meeting of November 28, 2016 Item SP2 Business of the City by Motion: Community Open Space Score Card Report For Action: Accept and Place on File To: Honorable Mayor and Members of the City Council From: Lawrence C. Hemingway, Director, Parks, Recreation & Community Services Subject: Community Open Space Score Card Report Date: November 28, 2016 Recommended Action: Staff recommends that City Council accept the 2016 Public Open Space Score Card report and place on file. Livability Benefits: Built Environment, Enhance Public Spaces Natural Resources, Create and maintain green infrastructure Summary: In August 2016, City Council approved the request to contract with The Lakota Group, (116 West Illinois Street, Floor 7, Chicago, Illinois 60654) in the amount of $80,000 for the Park/Community Outdoor Space Community Score Card project. This project was to assess the cleanliness, safety, physical structures, appearance, and functionality of open spaces in all City parks, Ridgeville Parks, District 65 School sites and the Cook County Forest Preserve site. The survey portions of the project occurred during the months of September and October, as planned. Surveys were done to objectively and quantitatively measure the quality of park infrastructure and maintenance in order to ensure the highest level of service possible. All data has now been collected and summarized into the Public Open Space Card report documents. Each open space has received a rating which is intended to be a guide for future park improvements, park maintenance standards and creation of park master plan documents. Legislative History: The Public Open Space Scorecard report was presented to the Parks and Recreation Board in November. The Board also plans to further discuss the final reports at future meetings. Memorandum 27 of 476 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, October 24, 2016 Roll Call: Alderman Rainey Alderman Wilson Alderman Miller Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Revelle Alderman Wynne Presiding: Mayor Elizabeth D. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 7:10 PM Mayor Public Announcements and Proclamations The Mayor announced the Lesbian, Gay, Bisexual and Transgender History Day to be October 24, 2016. She also announced the cancellation of various meetings due to Cubs games Economic Development’s Wednesday meeting has been cancelled. There will be watch parties held at Chandler/Newberry; Fleetwood/Jourdaine; Levy Center; and Robert Crown. Locations may change dependent of attendees. Block Party applications are being accepted, and when the Cubs win the Evanston alert sirens will be activated By Alderman Braithwaite. City Manager Public Announcements The Great Pumpkin Compost Event – November 5, 2016 was presented by Susie Hall describing the procedure of collecting used pumpkins. You can deliver these pumpkins at the Civic Center, but the pumpkins cannot have sparkles, glitter, or wax in or on the pumpkins. Communications: City Clerk City Clerk announced the first day of early voting netted 1,171 voters by the end of the day. The time frame for next week will be from 9 am until 7 pm Monday-Friday, and 9-5 Saturday, 9-3 on Sunday. He also announced the birth of Deputy Clerk Blackman of a boy 8 lbs. 14ounce & 21 inches long. Clerk Greene also read a letter from resident Bonnie Kustner in opposition to the bike lanes in Evanston. Also mentioned was the online survey received from Steuart Kipness supporting the bike lanes. Public Comment Junad Rizki commented on the change order for Howard Street, he stated there is no control over staff and Council doesn’t know what they are doing. He stated the Council has a duty to protect the citizen’s money and they are not doing it.28 of 476 DRAFT City Council Agenda October 24, 2016 Page 2 of 10 Fred Wittinberg stated he was in great support of what Clerk Greene read and he read a letter concerning his complaints of the City and CTA not following the requirements of ADA POLICES. Jim Lautoback stated the Northwestern Students are no different from the other schools and they are sleep deprived and changing the speed limit to accommodate them will not accomplish much. Carl Bova recommended the bike lanes to be designated in one direction. He stated a lot of people come out in opposition and that should be a sign. Make bike lanes southbound only. He also suggested once every 2 weeks recycling collection. Dan Josephs retired CTA driver and supervisor spoke of the proposal for Dodge Ave and he approves and suggested to eliminate all flag stops. This will not eliminate traffic, but there will be well designated standardized stops. Hubert Fincher is CTA driver and he stated the stop signs should be well posted, and these signs are posted at night during your sleep. He requested for all signs to be posted visibly for the driver and safety of the passengers. Nancy Sherman spoke in support of the bike lanes, and Evanston should get rid of flag stops. She also suggested for the Aldermen to go into Chicago, to Washington Street and use their bus stops as an example. Linda Bins came to address the Sheridan Road project and to erect wrote iron fences to provide safety for the students and employees as well. Joan Dokia came to thank the Mayor and Council for passing the proclamation of the LGBT community. Ben Powell a student government senator at NWU came to speak on closing Sheridan Rd. and consider it as a public use, and to limit truck traffic and send them on other streets in Evanston, and to reduce the speed limit. Patricia Giles complained of the traffic congestion as she traveled attempting to arrive at her destination Kristina Salinka is the President of NWU’s student government she announced the handing out of 330 bike helmets to students and faculty. She suggested to decrease the speed limit to 20 miles around the campus, and reduce to 3 three lanes. Emily Glem designed the document for lowering the speed limit on Sheridan Rd. to include NWU as part of the other school zones. Bonnie Kustner stated she felt the South Evanston citizens are not being heard. She stated the ballard should come down and the same proposals should be recognized the same as the Northshore and northeast. Dave Jackson thanked Ann Rainey and he complained of the problems attempting to turn from Brummell south on Dodge. He suggested cutting 2 spaces back to accommodate visibility and to decrease speed limits. He then passed out some documents to the dias. Leo Sherman stated that staff did not do enough investigation before presenting their proposal. He suggested adding speed bumps to slow traffic down on Dodge. He spoke of and showed a picture of the pipes on Dodge Ave. and cancer agents in Southwest Evanston resident’s water due to the contaminated insides of the pipes. Stewart Kipness spoke of making biking safely, and he thanked the students at Nichols School and he is supporting the use of bike lanes to improve and not remove. Ed Signature came to speak against the proposed bike lanes. 29 of 476 City Council Agenda October 24, 2016 Page 3 of 10 Mary Signature she spoke against the configuration on Dodge and she felt there was not enough community input. Annie Gibbison born in France and believes in bike lanes. She did her own survey by walking up and down Dodge and then sitting in James Park all day watching traffic. She was extremely surprised how few people were using the bike lanes Dr. Archi spoke on her concerns of the safety on Sheridan Rd. and she promotes a slowing down with greenways and no cars and look to the future for safer alternatives. Mayor asked the City Manager to allow the Fire and Police Chiefs to comment on the Dodge Ave corridor. Police Chief Eddington (who is also the acting Fire Chief) stated the removal of the ballards have improved somewhat, but the continuation of parking spaces moved out from the curb makes it difficult when spaces are full for drivers to yield to Emergency Vehicles, that is the crux of the issue from the Public Safety Department. 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 Laura Biggs, City Engineer gave a power- point presentation that showed a follow-up analysis for the bike lanes (this presentation maybe located on the City’s website). Some of the Aldermen’s concerns were as follows: • How many spaces would be lost? (11 spaces will be lost). • How are the spaces distributed? (1 space on each side, it’s evenly distributed) • Are the visibility zones where there are no bus stops? The answer was yes, so there is an 80 ft. with the bus pull-off and 60 ft. visibility without a bus pull-off. • There could be additional spaces added on alternate streets for the loss on Dodge. • Emergency Vehicles going down Dodge during rush hour is impossible and very dangerous, and the lanes are not wide enough. • All bikers are not the same and all are not disrespectful. • Buses and trucks cannot be eliminated on Dodge. • Contact Northwestern or entity to perform a computer model of the bus pullout and the 60 ft. visibility and to look at a one-way bike lane, as well as the elimination of the flag stops. (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 City Manager announced due to the lateness of the hour they will walk through the CIP portion of the presentation and leave the debt and pensions for further input. Laura Biggs showed the power-point on the projects over a million dollars for the 5 year period, with Sheridan Rd. being the biggest project in 2017. Main Street will be started 30 of 476 City Council Agenda October 24, 2016 Page 4 of 10 in 2017, as well as traffic and pedestrian study of Main Street near Sam’s Club; Howard Street to Custer Project; Chicago Ave from Howard up to Main Street (bike lanes along this corridor) looking to obtain CMAC funding. ( for the full power-point presentation please visit the City’s website for the Council meeting on 10/24/2016 agendas and minutes and click on video). Directions for staff and the City Manager were expressed by the Aldermen for further information and clarification. Items not approved on Consent Agenda: (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 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 (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 31 of 476 City Council Agenda October 24, 2016 Page 5 of 10 (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 (A3.4) 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 32 of 476 City Council Agenda October 24, 2016 Page 6 of 10 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 (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 33 of 476 City Council Agenda October 24, 2016 Page 7 of 10 (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 (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 34 of 476 City Council Agenda October 24, 2016 Page 8 of 10 (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 (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 35 of 476 City Council Agenda October 24, 2016 Page 9 of 10 timely basis, as a result of new vehicle replacements being placed into service. For Action (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 Alderman Rainey motioned for approval of the Consent Agenda and 2nd, and the Consent Agenda passed with a 9-0 Roll Call Vote. Items for discussion: (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 Alderman Braithwaite motioned for approval and 2nd by Alderman Rainey. With a Roll Call Vote was 5-4 the motion passed (Aldermen Miller, Fiske, Wilson, Tendam voted nay) Call of the Wards: Ward 8, Alderman Rainey had no report. Ward 9, Alderman Miller had no report. Ward 1, Alderman Fiske wanted the school zone around NWU and what times would be more acceptable during our discussions. Ward 2, Alderman Braithwaite had no report. Ward 3, Alderman Wynne stated the Mayor and her cut the ribbon at Main and Chicago. Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes had no report. 36 of 476 City Council Agenda October 24, 2016 Page 10 of 10 Ward 6, Alderman Tendam had no report. Ward 7, Alderman Revelle she postponed her meeting to November 3rd. The Mayor asked for a motion to adjourn it was made by Alderman Braithwaite and 2nd By many Aldermen, with a Voice Vote the meeting of the Regular Council ended at 10:10 PM. Submitted, Rodney Greene, MMC City Clerk 37 of 476 CITY COUNCIL SPECIAL MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, November 7th, 2016 7:00 p.m. The Special City Council Meeting was called to order at 7:04 PM by Mayor Tisdahl. Roll Call: Alderman Miller Alderman Holmes Alderman Tendam Alderman Wilson Alderman Braithwaite Alderman Revelle Alderman Wynne Alderman Rainey Absent: Alderman Fiske Mayor Public Announcements Mayor Tisdahl had no announcements. City Manager Public Announcements Mr. Bobkiewicz, City Manager had no announcements Communications: City Clerk City Clerk had no communications, but was asked how many voters had come through for early voting. The answer was approximately 15,000. Public Comment: Carlis Sutton spoke concerning the budget especially the waste transfer station, with continued discussion with the neighbors. Junad Rizki stated the misappropriation of funds, including useless projects and jobs which could be considered as political patronage. Jerri Garl spoke as a member of the Environmental Justice Board spoke of the allocation of the funds of 1.2 million dollars and 100,000 to be used for the investigation of the waste station. She also presented the City Manager with guidance documents. Janet Alexander-Davis spoke of the 1.2 million dollar allocation the city received. She was concerned with the lack of monitoring of the smell and the type of waste that will be deposited at the waste center, as well as health risks for the residents in the 2nd & 5th wards. Dorothy Heoss is a member of the EJ committee and spoke of the survey from the 38 of 476 City Council Agenda November 7, 2016 Page 2 of 3 residents and they are requesting the city to follow up with the suggestions, and if not the residents will begin to lose confidence in the Council. Dickeele Fonda stated the Council has a request for consideration to maintaining the beauty of the 52 corners which were beautified by planting annual flowers and plants on these corners. The neighbors tried to keep up but the raised funds were exhausted, and so they are asking the city to assist in maintaining the beauty of these corners in both the 2nd & 5th wards. SPECIAL ORDERS OF BUSINESS (SP1) FY2017 Budget Workshop No formal action will be taken regarding the FY2017 Budget. For Discussion City Manager Bobkiewicz stated the Council had allocated $250,000 for the improvement of the Harley/Clarke Mansion, and he wanted to place this item on the agenda for the 28th of November, 2016. The maintenance funds will not be a Capital Expense, but it is a maintenance expense. General Revenues will be used for the project. Included in this pot are funds for flags, burials, support West Evanston Farmer’s Market. The Public Works Department will be working with the contractors. • Alderman Rainey is hoping to use Evanston residents and companies in Evanston. • Alderman Revelle wanted the parking meter extended hours from the proposed budget, and Alderman Wynne agreed with Ald. Revelle’s request. • The parking lot fees will increase from $85 - $95. • Could we possibly raise the fees to $100.00. • All lots should be equaled across the board. • Service lot assessments. • Equity Empowerment Coordinator need to consider age, race, and gender. • Reporting requirements for the waste transfer center to monitor the smell and contents placed in the center on a monthly basis. • Looking for accountability of the center to the community. • Supply 6 months area photos for rat infestation. • Find reputable agencies who can monitor the air quality. • Need specification of how the 1.2 million will be spent. • Legal costs. • Need reporting of outside spending for legal insurance. Call of the Wards: Ward 9, Alderman Miller had no report Ward 2, Alderman Braithwaite had no report Ward 3, Alderman Wynne had no report 39 of 476 City Council Agenda November 7, 2016 Page 3 of 3 Ward 4, Alderman Wilson had no report Ward 5, Alderman Holmes invited all to Gibbs/Morrison for a vote watch, and then to her ward meeting next Thursday, and both district 65 and 202 Superintendents will be in attendance. Ward 6, Alderman Tendam had no report. Ward 7, Alderman Revelle had no report. Ward 8, Alderman Rainey had no report. A motion to adjourn was asked by the Mayor and moved by Alderman Wynne, with a second from many Aldermen. The Special Meeting of the City Council ended at 8:05 PM. Submitted By, Rodney Greene, MMC City Clerk 40 of 476 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER JAMES C. LYTLE COUNCIL CHAMBERS Monday, November 14, 2016 Roll Call: Alderman Miller Alderman Holmes Alderman Braithwaite Alderman Tendam Alderman Wynne Alderman Rainey Alderman Wilson AldermanMiller Absent: Alderman Revelle, Alderman Fiske arrived @ 7:20 PM Presiding: Mayor Elizabeth Tisdahl The Mayor called the Regular Meeting of the City Council to order at 7:08 PM Mayor Public Announcements and Proclamations Mayor’s 2016 Holiday Food & Toy Drive and she’s asking for new unwrapped toys, non- perishable food items, and for monetary donations by mail or online. She also said she had asked the City Manager and City Attorney to give an update status on Evanston’s position as a Sanctuary City. City Manager Public Announcements City Manager stated a press release was given and the title is “City of Evanston Stumped in search of Holiday Tree, branches out to nearby communities for assistants”. There is no tree for Christmas to be placed in Fountain Square. Alderman Rainey stated the facility at Dobson Plaza asked if the City would come and take their 20 ft. spruce. Communications: City Clerk The Clerk had no communications. Public Comments Junad Rizki discussed his continued concern with the contaminated pipes and water. He also complained about Mr. Stoneback’s comments. Mayor Tisdahl asked City Manager Bobkiewicz if he wanted to comment, and he did spoke in defense of Mr. Stoneback’s character and professionalism for 30 years of service. Lisa Martinez a southwest resident read a letter that included suggestions the Council should incorporate into their survey, as well as presenting the James Park residents petition to the Mayor who then gave it to the clerk. Leo Sherman also discussed his concerns with the contaminated water in the area and 41 of 476 DRAFT City Council Agenda November 14, 2016 Page 2 of 8 there were only two meetings, and have not received any substantial information as the real threat to the residents. Deb Wolen is a public health nurse who spoke against the obsolete measurements the city uses in connection with the contaminated water issue, and how the levels of contaminates have decreased over the years. She suggested using the WHO units of measurements. Tanya Noble spoke of her concerns with the waste transfer station, and how the station should be monitored periodically for air, soil and other hazardous elements. Rick Nelson spoke against the waste transfer station and many questions should be asked and answered, and to use the funds of $100,000 for monitoring the station. Rob Bady spoke in support of the James Park neighbors and as a parent. He wanted to urge the Council to make an effort to inform the neighbors exactly wants going with the water. Dan Josephs spoke on the posted and flag bus stops. He wanted the Council to decide on having either posted or flag stops. He also suggested the speed limit on Dodge be reduced to 25 mph just as 25 mph on Sheridan. Items not approved on Consent Agenda (A14) 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 Action CONSENT AGENDA ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll –October 03, 2016 through October 16, 2016 $ 2,770,239.52 Payroll –October 17, 2016 through October 30, 2016 $ 2,816,313.17 (A2) FY2016 City of Evanston Bills – November 15, 2016 $ 4,179,577.51 For Action (A3.1) Sole Source Agreement with SCS Engineers for Collection and Analysis of Water Samples Staff recommends that City Council authorize the City Manager to negotiate and 42 of 476 City Council Agenda November 14, 2016 Page 3 of 8 execute an agreement with SCS Engineers (2830 Dairy Drive, Madison, WI 53718) for Collection and Analysis of Water Samples in the not to exceed amount of $250,000. The first task to be completed is the collection of samples from a total of 64 sites including sites in the James Park neighborhood and from at least one site in each Ward. This work will be performed in the not-to-exceed amount of $122,000. The remaining funds would be use to collect additional samples in the future depending on the results of these samples. Funding will be from the Water Fund (Account 510.40.4220.62465) – Outside Laboratory Costs. A two-thirds majority of City Council is required to approve this agreement. For Action (A3.2) Purchase of Total Station and GPS Survey Equipment from Precision Midwest, Ltd. Staff recommends that City Council authorize the City Manager to execute a contract for the purchase of Total Station and GPS Survey Equipment (Bid 16- 69) with Precision Midwest Ltd. (3 South 140 Barkley Avenue, Warrenville, IL) in the amount of $43,478.36. This contract is to purchase survey equipment to be utilized by the Bureau of Capital Planning for use in obtaining survey data to support in-house design and other bureau operations. The existing survey equipment utilized by city staff is outdated. Funding will be provided as follows: $8,000 from Account 510.40.4200.65085, $8000 from Account 100.40.4105.65090, $12,000 from Account 100.40.4105.62210, and $15,478.36 from Account 100.40.4105.65020. For Action (A3.3) Contract with Various Towing Companies for Snow Towing Services Staff recommends that City Council authorize the City Manager to execute contract(s) for Snow Towing Services in an amount not to exceed $60,000. A list of various Evanston towing companies on retainer for towing services is attached to the corresponding transmittal memorandum. Funding for snow towing contractors is provided by the Snow and Ice Control General Fund (Account 100.40.4550.62451). The estimated total for the 2016-2017 snow season is in an amount not to exceed $60,000. For Action (A3.4) Sole Source Renewal of Annual Cisco SmartNet Software Support Contracts and Licenses from CDW Staff recommends City Council authorize the sole source purchase of Cisco SmartNet networking licenses and software from CDW (120 S.Riverside, Chicago, IL 60606) in the amount of $73,063.37. These contracts provide support for the City’s essential computer networking system. Contracts cover the period October 10, 2016 through September 15, 2017. CDW is the current State Bid Contract provider for these services as of July 2016. Funding is provided by the Computer Licensing and Support Account (100.19.1932.62340) within the General Fund, Administrative Services Department, Information Technology Division. Both quotes provide an approximate 20% discount over the usual annual cost. 43 of 476 City Council Agenda November 14, 2016 Page 4 of 8 For Action (A3.5) Free Holiday Parking in the City’s Three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue The Transportation/Parking Committee and staff recommends that the City Council consider approving free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 24, 2016 through Monday, January 2, 2017. For Action (A4) Resolution 70-R-16, Authorizing City Manager to Sign Notifications of Grant Awards to Fund and Operate a Congregate Senior Meal Program Staff recommends City Council approval of Resolution 70-R-16 authorizing the City Manager to sign notification of grant awards to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood- Jourdain Community Center. This is a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of lunches served and varies depending on the levels of participation. Overall budgeted expenses for the 2016/2017 program are projected at $86,306. The City expects to provide a local cash match of $20,523 of the $86,306. For Action (A5) Ordinance 138-O-16, Amending City Code, Section 10-11-3, Schedule III (A), Prohibiting Left Turn from Ridge Avenue onto Grove Street between the hours of 7AM to 7PM Staff recommends that City Council adopt proposed ordinance 138-O-16 which would amend Section 10-11-3, Schedule III (A) of the City Code to establish left turn prohibition from Ridge Avenue onto Grove Street between the hours of 7 AM to 7 PM. To address safety and operational concerns at the intersection of Ridge Avenue and Grove Street, the Public Works Agency in coordination with the Evanston Police Department implemented turn restrictions on a trial basis starting in April, 2016. The trial restriction has been successful in mitigating traffic accidents at the intersection. Funding will be through the General Fund- Traffic Control Supplies (Account 100.40.4510.65115), with a budget of $40,000 for FY 2016. The needed signs for the completed pilot program were already installed, and additional funding is not anticipated at this time. For Introduction (A6) Ordinance 139-O-16, Amending City Code Section 10-11-3, Schedule III (C) allowing Right Turn Only from Grove Street onto Ridge Avenue between the Hours of 7 AM and 7 PM Staff recommends that City Council adopt proposed ordinance 139-O-16 which would amend Section 10-11-3, Schedule III (C) of the City Code to establish right turn only from Grove Street onto Ridge Avenue between the hours of 7 AM to 7 PM. To address safety and operational concerns at the intersection of Ridge Avenue and Grove Street, the Public Works Agency in coordination with the 44 of 476 City Council Agenda November 14, 2016 Page 5 of 8 Evanston Police Department implemented turn restrictions on a trial basis starting in April, 2016. The trial restriction has been successful in mitigating traffic accidents at the intersection. Funding will be through the General Fund- Traffic Control Supplies (Account 100.40.4510.65115), with a budget of $40,000 for FY 2016. The needed signs for the completed pilot program were already installed, and additional funding is not anticipated at this time. For Introduction (A7) Ordinance 147-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (F); Residents Parking Only Districts, of the Evanston City Code, Seven o’clock (7 a.m.) to Nine o’clock (9 a.m.) The Transportation/Parking Committee and staff recommend that the City Council City adopt Ordinance 147-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (E) and (F); Residents Parking Only Districts, of the Evanston City Code adding the both sides of Jackson Avenue from Lincoln Street to Central Street, both sides of Rosalie Street from Jackson Avenue to Asbury Avenue and Asbury Avenue, west side from Lincoln Street to Rosalie, seven o’clock (7 a.m.) to nine o’clock (9 a.m.), Monday – Friday. In September of 2016, residents stated that due to increased activity of businesses and commuters in their neighborhood parking in the area has become nearly impossible, and an extension of Residential Parking Permit District 6 would deter said parking. For Introduction (A8) 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 Action (A9) 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. After City Council introduced Ordinance 125-O-16 on October 24, 2016, City staff worked with representatives from AT&T and Verizon to make minor changes updating 45 of 476 City Council Agenda November 14, 2016 Page 6 of 8 language to more accurately reflect industry standards and specifications. For Action (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 that City Council adopt revised Ordinance 130-O-16, reducing the speed limit from 30 MPH to 25 MPH, on Sheridan Road from South Boulevard to the north city limits and on Burnham Place. After introduction of the Ordinance on October 24, 2016, staff confirmed that the portion of Sheridan Road from the south City limit to South Boulevard is under the jurisdiction of the Illinois Department of Transportation (IDOT). As such the City cannot reduce the speed limit of this section of Sheridan Road and must request IDOT to do so. For Action (A11) 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 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 Action (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 Action APPOINTMENTS 46 of 476 City Council Agenda November 14, 2016 Page 7 of 8 (APP1)For Appointment to: Mental Health Board Larry Murphy Zoning Board of Appeals Kiril Mirintchev Housing & Homelessness Commission from Human Relations Commission Kyle Lauterhahn For Action Alderman Rainey motioned for approval of the Consent Agenda, and it was 2nd by Alderman Tendam. A Roll Call Vote was 8-0 and it passed. Item for discussion (A14) 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 Action Alderman Braithwaite motioned for approval and Alderman Rainey 2nd the motion. Once Alderman Braithwaite received clarification on the motion a Roll Call Vote was taken and 8-0 to approve the motion for passage. Call of the Wards: Ward 9, Alderman Miller had no report. Ward 1, Alderman Fiske asked if the Council was considering not to be a Sanctuary City, because on some websites Evanston is considered a Sanctuary City. She also wanted a definition of what a Sanctuary City is. Attorney Farrar stated he would have further information at the November 28th Council meeting. Ward 2, Alderman Braithwaite mentioned the play production he and Alderman Holmes attended and suggested it is a must see production. , Ward 3, Alderman Wynne had no report. Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes announced her 5th ward meeting this Thursday with the two Superintendents as her guests. She also mentioned the play as well as entitled Black 47 of 476 City Council Agenda November 14, 2016 Page 8 of 8 Lives Matter, which was done at the High School last year and increased the performance time an additional 23 minutes. Ward 6, Alderman Tendam had no report. Ward 8, Alderman Rainey mentioned the death of Viru Joshi an India native who was well known throughout the community died last week, and his service will be held tomorrow. During his later years he had devoted much of his time advocating for the LGBT community. Mayor Tisdahl asked for a motion to adjourn and the motion was made and 2nd. The Regular Meeting of the City Council ended at 7:59 PM with a Voice Vote. Submitted by, Rodney Greene, MMC City Clerk 48 of 476 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, November 28, 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 NOVEMBER 14, 2016 III.ITEMS FOR CONSIDERATION ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) Payroll – through November 6, 2016 $ 2,879,642.31 (A2) FY2016 City of Evanston Bills – November 29, 2016 $ 3,825,387.23 For Action (A3.1) Purchase of Insurance/Renewals– Property, Excess Liability & Excess Worker’s Compensation for Fiscal Year 2017 Staff recommends approval to purchase the outlined policies at a total cost of $528,658. The policies will renew all insurance coverage for the City for Fiscal Year 2017. All coverage exclusive of Worker’s Compensation is budgeted at $490,000, and Worker’s Compensation is budgeted at $130,000, for a FY2017 total of $620,000. Premium quotations received reflected the market’s tightening, but there was a slight decrease in total pricing for all coverages. Funding for this purchase will be from the Insurance Fund (Account Number 605.99.7800.62615 and 605.99.7800.66044). For Action 49 of 476 (A3.2) Contracts to Supply Water Treatment Chemicals Staff recommends that City Council authorize the City Manager to execute contracts with the following five vendors to supply water treatment chemicals in response to Bid 16-63: 1) Affinity Chemical (P.O. Box 601298, Dallas, Texas) in the amount of $118,250.00 to supply aluminum sulfate (alum); 2) JCI Jones (600 Bethel Ave. Grove Indiana 46107) in the amount of $33,044.00 to supply chlorine; 3) Mosaic-Fishhawk (13830 Circa Crossing Dr, Lithia, FL) in the amount of $107,400.00 to supply HFS acid (fluoride); 4) SNF Polydyne Inc. (One Chemical Plant Road, Riceboro, GA) in the amount of $23,840.00 to supply polymer; and 5) Carus Corporation (315 Fifth Street, Peru, IL) in the amount of $88,614.40 to supply blended phosphate. The total of these proposed purchases is $371,148.40. Funding for the purchase of alum, chlorine, fluoride and polymer is from Account 510.40.4220.65015, which has a budget allocation of $465,000.00 for FY2017. Blended phosphate is purchased from Account 510.40.4220.65030, which has a FY2017 budget allocation of $101,000. For Action (A3.3) Funding for First Night Evanston Staff recommends that the City Council consider a request for funding in the amount of $5,000.00 by Emily Guthrie for the First Night Evanston event taking place on December 31, 2016. The City provided a grant of $5,000 the past two years, and $10,000 in 2013. Funding will be provided from the Economic Development Fund (Account 225.21.5300.65525). For Action (A3.4) Third Quarter Financial Report for Fiscal Year 2016 Staff recommends City Council accept and place the Third Quarter Financial Report for Fiscal Year 2016 on file. The City ended the third quarter of the 2016 fiscal year in stable financial condition. Through September 30, 2016, there is a General Fund surplus (year to date net of revenues and expenses) of approximately $5.2M. The City’s financial performance is the result of above anticipated revenues (78.5%) and expenditures being at budgeted levels (74%). For Action: To Accept and Place on File (A4) Resolution 72-R-16, Fiscal Year 2017 Budget of the City of Evanston Staff recommends approval of Resolution 72-R-16 adopting the FY 2017 Budget of the City of Evanston, in the amount of $311,374,116. For Action (A5) Resolution 69-R-16, Authorizing City Manager to Enter into Twelve Month Lease Agreements for Studio Spaces at the Noyes Cultural Arts Center Staff recommends City Council adopt Resolution 69-R-16 authorizing the City Manager to enter into thirty-one (31) renewal agreements for twelve (12) month lease term for the artist leases for studios at the Noyes Cultural Arts Center. For Action 50 of 476 (A6) Ordinance 48-O-16, Authorizing City Manager to Execute a Lease of City- Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC Staff recommends City Council approval of Ordinance 48-O-16, “Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC”. A two-thirds majority of City Council is required to adopt Ordinance 48-O-16. For Introduction (A7) Ordinance 148-O-16, Amending City Code Section 1-7-2 to Authorize the City Clerk to Solemnize Marriages The City Clerk requests approval of Ordinance 148-O-16, which amends City Code Section 1-7-2 regarding the City Clerk’s powers and duties by authorizing the City Clerk to solemnize marriages. The City Clerk will request suspension of the Rules so that the Ordinance may be adopted to provide for a requested marriage in December. For Introduction and Action (A8) Ordinance 149-O-16, Increasing the Number of Class H Liquor Licenses for Evanston Pan, LLC d/b/a Pita 1 Local Liquor Commissioner recommends City Council adoption of Ordinance 149-O-16, amending City Code Subsection 3-4-6-(H) to increase the number of authorized Class H liquor licenses from one (1) to two (2) and permit issuance of a Class H license to Evanston Pan, LLC d/b/a Pita 1 located at 1926 Central Street For Introduction (A9) Ordinance 150-O-16, Increasing the Number of Class D Liquor Licenses for Sara’s 1K, Ltd. d/b/a Dave’s New Kitchen Local Liquor Commissioner recommends City Council adoption of Ordinance 150-O-16, amending City Code Subsection 3-4-6-(D) to increase the number of authorized Class D liquor licenses from fifty-six (56) to fifty-seven (57) and permit issuance of a Class D license to Sara’s 1K, Ltd. d/b/a Dave’s New Kitchen located at 815 Noyes Street. Alderman Fiske requests suspension of the rules for introduction and adoption at the November 28, 2016 City Council meeting. For Introduction and Action 51 of 476 (A10) Ordinance 151-O-16, Amending Subsection 3-4-6(W) of the City Code to Allow for Sale of Beer and Wine Between the Hours of 11:00 a.m. to 12:00 a.m. on Monday through Saturday and 12:00 p.m. to 12:00 a.m. on Sunday Local Liquor Commissioner recommends City Council adoption of Ordinance 151-O-16, amending City Code Subsection 3-4-6(W) to increase the hours for the sale of beer and wine. On November 9, 2016, Urban Indoor Sports, LLC d/b/a Quad Indoor Sports (“Company”), 2454 Oakton Street, requested the Liquor Control Review Board (“LCRB”) consider allowing the sale of beer and between the hours of 11:00 a.m. to 12:00 a.m. on Monday through Saturday and 12:00 p.m. to 12:00 a.m. on Sunday. The LCRB approved extending the sale of beer and wine between the proposed hours. For Introduction (A11) Ordinance 152-O-16, Decreasing the Number of Class C Liquor Licenses for The Stained Glass, Ltd., d/b/a The Stained Glass Local Liquor Commissioner recommends City Council adoption of Ordinance 152-O-16, amending City Code Subsection 3-4-6-(C) to decrease the number of authorized Class C liquor licenses from twenty-five (25) to twenty-four (24). The Stained Glass, Ltd., d/b/a The Stained Glass located at 1735 Benson Avenue is changing from a Class C to a Class I Liquor License. Alderman Fiske requests suspension of the rules for introduction and adoption at the November 28, 2016 City Council meeting. For Introduction and Action (A12) Ordinance 153-O-16, Increasing the Number of Class I Liquor Licenses for The Stained Glass, Ltd., d/b/a The Stained Glass, 1735 Benson Avenue Local Liquor Commissioner recommends City Council adoption of Ordinance 153-O-16, amending City Code Subsection 3-4-6-(I) to increase the number of authorized Class I liquor licenses from one (1) to two (2), and permit issuance of a Class I license to The Stained Glass, Ltd., d/b/a The Stained Glass (“Company”) located at 1735 Benson Avenue. The Class I license will permit Company to retail sale of alcoholic liquor in restaurants only for consumption both on the licensed premises and off the premises. Alderman Fiske requests suspension of the rules for introduction and adoption at the November 28, 2016 City Council meeting. For Introduction and Action (A13) Ordinance 154-O-16, Increasing the Number of Class W Liquor Licenses for Urban Indoor Sports, LLC d/b/a Quad Indoor Sports Local Liquor Commissioner recommends City Council adoption of Ordinance 154-O-16, amending City Code Subsection 3-4-6-(W) to increase the number of authorized Class W liquor licenses from zero (0) to one (1) and permit issuance of a Class W license to Urban Indoor Sports, LLC d/b/a Quad Indoor Sports located at 2454 Oakton Street. For Introduction 52 of 476 (A14) Ordinance 155-O-16, Amending Subsection 3-4-6(U) of the City Code to Allow Class U Liquor Licenses the Sale of Alcoholic Liquor Local Liquor Commissioner recommends City Council adoption of Ordinance 155-O-16, amending City Code Subsection 3-4-6(U) to allow Class U Liquor Licenses the sale of alcoholic liquor. The City of Evanston currently restricts the Class U liquor license to the sale of beer and wine only. On November 9, 2016, Dance Center Evanston, Inc. d/b/a Studio 5, located at 1934 Dempster Street, requested the Liquor Control Review Board (“LCRB”) consider allowing the sale of alcoholic liquor in addition to beer and wine. The LCRB approved extending the sale of alcoholic liquor in addition to beer and wine. Alderman Braithwaite requests suspension of the rules for introduction and adoption at the November 28, 2016 City Council meeting. For Introduction and Action (A15) Ordinance 109-O-16, Amending Section 10-6-1 of the City Code, Revising the Definition of Abandoned Vehicle Staff recommends that the City Council City adopt Ordinance 109-O-16, revising the definition of Abandoned Vehicle. In Section 10-6-1 of the City Code, the definition of an Abandoned Vehicle was amended by adding subsection (c) stating that a vehicle parked on the public way and “has been left on the public way without valid state registration plates or a valid temporary state registration for two (2) or more days” is also classified as an abandoned vehicle. For Introduction (A16) Ordinance 158-O-16, Amending Sections 10-11-11 and 10-11-12 of the City Code, Removing Reserved Parking and Increasing Parking Meter Zone in City Parking Lot 27 The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 158-O-16, amending City Code Sections 10-11-11 and 10-11-12 to remove reserved parking and change the parking meter zone from twenty-two (22) to thirty-four (34) spaces in City Parking Lot 27 located at 1621 Oak Avenue to aid in the availability of convenient customer parking for neighboring businesses. For Introduction (A17) Ordinance 146-O-16, Amending Section 7-13-3 of the City Code, Decreasing the Sewer User Rates Staff recommends that City Council adopt Ordinance 146-O-16, which would decrease the sewer user rate by 3%, from $3.94 to $3.82 per billing unit (100 cubic feet of water consumed). For Introduction 53 of 476 (A18) Ordinance 145-O-16, Amending Section 7-12-17 of the City Code, Increasing the Meter Charges and Water Rates Staff and Utilities Commission recommend that City Council adopt Ordinance 145-O-16, which would increase the water meter charges and water rates by six percent (6%). This rate increase is offset by the sewer rate decrease and the rate adjustment will be neutral to the rate payers. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 54 of 476 Page 1; Rev. 11/17/2016 4:28:36 PM Administration and Public Works Committee Meeting Minutes of November 14, 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, W. Bobkiewicz, M. Lyons, T. Nunez, L. Biggs, R. Dahal, R. Voss, L. Hemingway, K. Hawk, Chief Eddington STAFF ABSENT: M. Muenzer, P. D’Agostino, J. Maiworm, K. Knapp, D. King, K. Jensen, E. Sanchez, G. Gerdes, S. Flax, S. Levine, DC Parrott, S. Ciolek, A. Thorpe DC Pickett, E. Thomas-Smith, K. Danczak-Lyons, B. Dorneker, A. King, M. Masoncup, S. Nagar, K. Richardson PRESIDING OFFICIAL: Ald. Braithwaite I. DECLARATION OF A QUORUM: ALDERMAN BRAITHWAITE, CHAIR A quorum being present, Ald. Braithwaite called the meeting to order at 6:12 p.m. II.APPROVAL OF MINUTES OF REGULAR MEETING OF OCTOBER 24, 2016 Ald. Rainey moved to accept the Minutes of October 24, 2016 A&PW meeting as submitted, seconded by Ald. Miller. The Minutes of the October 24, 2016 A&PW meeting were approved unanimously 5-0. III.ITEMS FOR CONSIDERATION (A1) Payroll – October 03, 2016 through October 16, 2016 $ 2,770,239.52 Payroll – October 17, 2016 through October 30, 2016 $ 2,816,313.17 For Action Ald. Miller moved to recommend approval of the City of Evanston Payroll through October 16, 2016 and October 30, 2016, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to approve the payrolls. (A2) FY2016 City of Evanston Bills – November 15, 2016 $ 4,179,577.51 For Action Ald. Rainey moved to recommend approval of the FY 2016 City of Evanston bills through November 15, 2016, seconded by Ald. Wynne. At Ald. Rainey’s inquiry about trash collection for properties with delinquent payments, Public W orks Agency Director Dave Stoneback explained that staff receives notification from Groot when a property has a delinquent bill. He will DRAFT - NOT APPROVED 55 of 476 Page 2; Rev. 11/17/2016 4:28:36 PM review the ordinance and make a revision to allow staff to collect the trash and bill the property after. He will also look into assessing a fine. He noted that staff will receive a monthly list of businesses in default in order to be proactive. The Committee voted unanimously 5-0 to approve the payroll and bills. (A3.1) Sole Source Agreement with SCS Engineers for Collection and Analysis of Water Samples Staff recommends that City Council authorize the City Manager to negotiate and execute an agreement with SCS Engineers (2830 Dairy Drive, Madison, WI 53718) for Collection and Analysis of Water Samples in the not to exceed amount of $250,000. The first task to be completed is the collection of samples from a total of 64 sites including sites in the James Park neighborhood and from at least one site in each Ward. This work will be performed in the not-to-exceed amount of $122,000. The remaining funds would be use to collect additional samples in the future depending on the results of these samples. Funding will be from the Water Fund (Account 510.40.4220.62465) – Outside Laboratory Costs. A two-thirds majority of City Council is required to approve this agreement. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute an agreement with SCS Engineers (2830 Dairy Drive, Madison, WI 53718) for Collection and Analysis of Water Samples in the not to exceed amount of $250,000, seconded by Ald. Rainey. At Ald. Miller’s inquiry, Public Works Agency Director Stoneback explained that this item was not put out for bid because Legal Department suggested sampling should continue with the same firm for continuity reasons for the first three rounds of testing. He noted that he does not expect any remedial action to be taken because the concentration is low and previous tests conclude the water is safe. Residents have been asking for the results of the testing and the City would like to reassure them that there are no issues. Ald. Holmes made note of the absence of sampling in the 2nd and 5th wards west of Ridge. City Manager Bobkiewicz added that three more sites could be added to cover more testing area. Corporation Counsel Grant Farrar explained that this case has been aggressively litigated with the concept of admissible evidence and chain of custody being a focus. It is advisable to use the same firm to limit those issues. Ald. Wynne agreed with Corporation Counsel. Public Works Agency Director Stoneback added that he would like to do testing of water fountains in public facilities due to a concern of lead. He noted that old facilities may have significantly older fixtures which could be linked to high lead levels. The Committee voted unanimously 5-0 to approve the agreement. 56 of 476 Page 3; Rev. 11/17/2016 4:28:36 PM (A3.2) Purchase of Total Station and GPS Survey Equipment from Precision Midwest, Ltd. Staff recommends that City Council authorize the City Manager to execute a contract for the purchase of Total Station and GPS Survey Equipment (Bid 16- 69) with Precision Midwest Ltd. (3 South 140 Barkley Avenue, Warrenville, IL) in the amount of $43,478.36. This contract is to purchase survey equipment to be utilized by the Bureau of Capital Planning for use in obtaining survey data to support in-house design and other bureau operations. The existing survey equipment utilized by city staff is outdated. Funding will be provided as follows: $8,000 from Account 510.40.4200.65085, $8000 from Account 100.40.4105.65090, $12,000 from Account 100.40.4105.62210, and $15,478.36 from Account 100.40.4105.65020. For Action Ald. Wynne moved to recommend that City Council authorize the City Manager to execute a contract for the purchase of Total Station and GPS Survey Equipment (Bid 16-69) with Precision Midwest Ltd. in the amount of $43,478.36 to purchase survey equipment to be utilized by the Bureau of Capital Planning for use in obtaining survey data to support in-house design and other bureau operations, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the agreement. (A3.3) Contract with Various Towing Companies for Snow Towing Services Staff recommends that City Council authorize the City Manager to execute contract(s) for Snow Towing Services in an amount not to exceed $60,000. A list of various Evanston towing companies on retainer for towing services is attached to the corresponding transmittal memorandum. Funding for snow towing contractors is provided by the Snow and Ice Control General Fund (Account 100.40.4550.62451). The estimated total for the 2016-2017 snow season is in an amount not to exceed $60,000. For Action Ald. Miller moved to recommend that City Council authorize the City Manager to execute contract(s) for Snow Towing Services in an amount not to exceed $60,000, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the contracts. (A3.4) Sole Source Renewal of Annual Cisco SmartNet Software Support Contracts and Licenses from CDW Staff recommends City Council authorize the sole source purchase of Cisco SmartNet networking licenses and software from CDW (120 S.Riverside, Chicago, IL 60606) in the amount of $73,063.37. These contracts provide support for the City’s essential computer networking system. Contracts cover the period October 10, 2016 through September 15, 2017. CDW is the current State Bid Contract provider for these services as of July 2016. Funding is provided by the Computer Licensing and Support Account (100.19.1932.62340) within the General Fund, Administrative Services Department, Information Technology Division. Both quotes provide an approximate 20% discount over the usual 57 of 476 Page 4; Rev. 11/17/2016 4:28:36 PM annual cost. For Action Ald. Rainey moved to recommend City Council authorize the sole source purchase of Cisco SmartNet networking licenses and software from CDW in the amount of $73,063.37 to provide support for the City’s essential computer networking systems over the period of October 10, 2016 through September 15, 2017, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to approve the purchase. (A3.5) Free Holiday Parking in the City’s Three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue The Transportation/Parking Committee and staff recommends that the City Council consider approving free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 24, 2016 through Monday, January 2, 2017. For Action Ald. Holmes moved to recommend City Council consider approving free holiday parking in the City’s three Downtown Self-Park Garages and Lot 60 located at 1234 Chicago Avenue on weekdays between 5 p.m. and 12 midnight and all day on Saturday beginning Thursday, November 24, 2016 through Monday, January 2, 2017, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to approve the holiday parking. (A4) Resolution 70-R-16, Authorizing City Manager to Sign Notifications of Grant Awards to Fund and Operate a Congregate Senior Meal Program Staff recommends City Council approval of Resolution 70-R-16 authorizing the City Manager to sign notification of grant awards to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood- Jourdain Community Center. This is a reimbursement program in which the total amount of reimbursement the City will receive is solely dependent upon the number of lunches served and varies depending on the levels of participation. Overall budgeted expenses for the 2016/2017 program are projected at $86,306. The City expects to provide a local cash match of $20,523 of the $86,306. For Action Ald. Wynne moved to recommend City Council approval of Resolution 70- R-16 authorizing the City Manager to sign notification of grant awards to fund and operate a congregate senior meal program at the Levy Senior Center and Fleetwood-Jourdain Community Center, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to approve the notification. (A5) Ordinance 138-O-16, Amending City Code, Section 10-11-3, Schedule III (A), Prohibiting Left Turn from Ridge Avenue onto Grove Street between the hours of 7AM to 7PM 58 of 476 Page 5; Rev. 11/17/2016 4:28:36 PM Staff recommends that City Council adopt proposed ordinance 138-O-16 which would amend Section 10-11-3, Schedule III (A) of the City Code to establish left turn prohibition from Ridge Avenue onto Grove Street between the hours of 7 AM to 7 PM. To address safety and operational concerns at the intersection of Ridge Avenue and Grove Street, the Public Works Agency in coordination with the Evanston Police Department implemented turn restrictions on a trial basis starting in April, 2016. The trial restriction has been successful in mitigating traffic accidents at the intersection. Funding will be through the General Fund- Traffic Control Supplies (Account 100.40.4510.65115), with a budget of $40,000 for FY 2016. The needed signs for the completed pilot program were already installed, and additional funding is not anticipated at this time. For Introduction Ald. Miller moved to recommend City Council adopt proposed ordinance 138-O-16 which would amend Section 10-11-3, Schedule III (A) of the City Code to establish left turn prohibition from Ridge Avenue onto Grove Street between the hours of 7 AM to 7 PM, seconded by Ald. Rainey. The Committee voted unanimously 5-0 to adopt the ordinance. (A6) Ordinance 139-O-16, Amending City Code Section 10-11-3, Schedule III (C) allowing Right Turn Only from Grove Street onto Ridge Avenue between the Hours of 7 AM and 7 PM Staff recommends that City Council adopt proposed ordinance 139-O-16, which would amend Section 10-11-3, Schedule III (C) of the City Code to establish right turn only from Grove Street onto Ridge Avenue between the hours of 7 AM to 7 PM. To address safety and operational concerns at the intersection of Ridge Avenue and Grove Street, the Public Works Agency in coordination with the Evanston Police Department implemented turn restrictions on a trial basis starting in April, 2016. The trial restriction has been successful in mitigating traffic accidents at the intersection. Funding will be through the General Fund- Traffic Control Supplies (Account 100.40.4510.65115), with a budget of $40,000 for FY 2016. The needed signs for the completed pilot program were already installed, and additional funding is not anticipated at this time. For Introduction Ald. Rainey moved to recommend that City Council adopt proposed ordinance 139-O-16, which would amend Section 10-11-3, Schedule III (C) of the City Code to establish right turn only from Grove Street onto Ridge Avenue between the hours of 7 AM to 7 PM, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to adopt the ordinance. (A7) Ordinance 147-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (F); Residents Parking Only Districts, of the Evanston City Code, Seven o’clock (7 a.m.) to Nine o’clock (9 a.m.) The Transportation/Parking Committee and staff recommend that the City Council City adopt Ordinance 147-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (E) and (F); 59 of 476 Page 6; Rev. 11/17/2016 4:28:36 PM Residents Parking Only Districts, of the Evanston City Code adding the both sides of Jackson Avenue from Lincoln Street to Central Street, both sides of Rosalie Street from Jackson Avenue to Asbury Avenue and Asbury Avenue, west side from Lincoln Street to Rosalie, seven o’clock (7 a.m.) to nine o’clock (9 a.m.), Monday – Friday. In September of 2016, residents stated that due to increased activity of businesses and commuters in their neighborhood parking in the area has become nearly impossible, and an extension of Residential Parking Permit District 6 would deter said parking. For Introduction Ald. Holmes moved to recommend that the City Council City adopt Ordinance 147-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (E) and (F); Residents Parking Only Districts, of the Evanston City Code adding the both sides of Jackson Avenue from Lincoln Street to Central Street, both sides of Rosalie Street from Jackson Avenue to Asbury Avenue and Asbury Avenue, west side from Lincoln Street to Rosalie, seven o’clock (7 a.m.) to nine o’clock (9 a.m.), Monday – Friday, seconded by Ald. Wynne. The Committee voted unanimously 5-0 to adopt the ordinance. IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Ald. Holmes moved to adjourn the meeting at 6:49pm. 60 of 476 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: November 22, 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 – October 31, 2016 through November 06, 2016 $ 2,879,642.31 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – Nov 29, 2016 $ 3,825,387.23 General Fund Amount – Bills list $ 434,082.05 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 6,705,029.54 Attachments: Bills List *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. For City Council meeting of November 28, 2016 Items A1 -A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 61 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 100 GENERAL FUND 100 GENERAL SUPPORT 22725 VERIZON WIRELESS COMMUNICATION CHARGES 9,083.46 41335 ILLINOIS DEPT OF REVENUE *SALES TAX OCT 2016 1.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE#16-17363 1,448.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE#16-18019 841.00 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE#16-18715 300.16 41420 WILLIAMS, ALLEN SEIZED FUNDS CASE#16-18715 148.00 100 GENERAL SUPPORT Total 11,821.62 1400 CITY CLERK 65095 OFFICE DEPOT OFFICE SUPPLIES 385.01 1400 CITY CLERK Total 385.01 1505 CITY MANAGER 62295 HURLEY, CATHERINE REIMBURSEMENT: SUSTAINABLE COMMUNITIES CONF 312.98 62295 ENITH SANCHEZ *REIMBURSEMENT: INTERNATIONAL HISPANIC CONFERENCE 1,074.50 65095 OFFICE DEPOT OFFICE SUPPLIES 96.90 65125 HURLEY, CATHERINE REIMBURSEMENT: SUSTAINABLE COMMUNITIES CONF 91.20 65125 WALTER BOBKIEWICZ *FLAGS FOR CITY BUILDINGS 264.53 1505 CITY MANAGER Total 1,840.11 1510 PUBLIC INFORMATION 62205 ALLEGRA PRINT & IMAGING UPDATE NAME PATCH 4TH OF JULY BANNER 18.00 62665 LANGUAGE LINE SERVICES TRANSLATION SERVICES 21.41 1510 PUBLIC INFORMATION Total 39.41 1555 FINANCIAL ADMINISTRATION 65095 OFFICE DEPOT OFFICE SUPPLIES 81.14 1555 FINANCIAL ADMINISTRATION Total 81.14 1560 REVENUE & COLLECTIONS 52010 LD GLENN HAS BENEFIT CARD; OVERPAID FOR WT 37.50 62315 MAILFINANCE INC.POSTAGE LEASE PAYMENTS 1,125.00 62449 PROFESSIONAL ACCOUNT MANAGEMENT LLC OCTOBER 2016 PAYMENT PROCESSING 28,701.76 62449 ILLINOIS SECRETARY OF STATE, VEHICLE SUSPENDED LICENSE 10.00 1560 REVENUE & COLLECTIONS Total 29,874.26 1570 ACCOUNTING 62185 SMART RESOURCES, INC ACCOUNTING SERVICES 1,875.00 62280 FEDERAL EXPRESS CORP.SHIPPING 15.18 1570 ACCOUNTING Total 1,890.18 1575 PURCHASING 65095 OFFICE DEPOT OFFICE SUPPLIES 28.16 1575 PURCHASING Total 28.16 1580 COMMUNITY ARTS 66040 SAM'S CLUB DIRECT *SUPPLIES-GALLERY RECEPTION 72.36 1580 COMMUNITY ARTS Total 72.36 1705 LEGAL ADMINISTRATION 62345 FEDERAL EXPRESS CORP.SHIPPING 59.04 65095 OFFICE DEPOT OFFICE SUPPLIES 66.69 1705 LEGAL ADMINISTRATION Total 125.73 1929 HUMAN RESOURCE DIVISION 62160 TRANS UNION CORP BACKGROUND CHECKS-TRANSUNION 70.00 62160 STANARD & ASSOCIATES TESTING-POLICE 1,400.00 62270 QUEST DIAGNOSTICS RECRUITMENT-QUEST DIAGNOSTICS 154.00 62310 PCMG, INC.CITYWIDE TRAINING SOFTWARE 8,051.40 62630 I.D.E.S. / ILLINOIS DEPARTMENT UNEMPLOYMENT INSURANCE-QUARTERLY INVOICE 14,898.47 65125 SAM'S CLUB DIRECT *SUPPLIES WELLNESS SCREENING 44.98 65125 SAM'S CLUB DIRECT *SUPPLIES: WELLNESS SCREENING 385.40 1929 HUMAN RESOURCE DIVISION Total 25,004.25 1932 INFORMATION TECHNOLOGY DIVI. 62185 NGINX SOFTWARE, INC.*PROXY SERVER WEBSITE PROJECT 5,700.06 62340 XEROX CORPORATION COPIER CHARGES 277.08 62340 NGINX SOFTWARE, INC.*PROXY SERVER WEBSITE PROJECT 3,800.00 62509 SOCRATA, INC.OPEN DATA PLATFORM 8,920.32 64505 TYCO INTEGRATED SECURITY LLC ALARM SECURITY SERVICE 38.72 65555 DELL COMPUTER CORP.2 DESKTOPS WITH MONITORS FOR PD 1,701.62 65555 DELL COMPUTER CORP.4 REPLACEMENT LAPTOPS 4,394.12 65555 DELL COMPUTER CORP.9 PCS WITH MONITORS FOR PD 7,326.99 65615 COMCAST CABLE COMMUNICATION CHARGES 3,936.35 1932 INFORMATION TECHNOLOGY DIVI. Total 36,095.26 162 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 1941 PARKING ENFORCEMENT & TICKETS 62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM 10/1-10/31/2016 3,075.00 1941 PARKING ENFORCEMENT & TICKETS Total 3,075.00 1950 FACILITIES 62225 SMITHEREEN PEST MANAGEMENT SERVICES PEST SERVICE AT SERVICE CENTER 96.00 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY LEADERSHIP TRAINING 225.00 64005 COMED UTILITIES 7,945.45 64015 NICOR UTILITIES 103.92 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 204.20 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES FOR CIVIC CENTER 742.97 1950 FACILITIES Total 9,317.54 2105 PLANNING & ZONING 62185 GAGEL, HELEN PARTICIPATION IN AGING 2.0 CONFERENCE - TP4ALL DESIGN TEAM 317.49 2105 PLANNING & ZONING Total 317.49 2126 BUILDING INSPECTION SERVICES 62464 SAFEBUILT ILLINOIS INSPECTIONS AND PLAN REVIEWS 5,006.72 65095 TEUTEBERG INC CD OFFICE SUPPLIES 593.98 2126 BUILDING INSPECTION SERVICES Total 5,600.70 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS #12 ESG GRANT 2015 8,256.81 2128 EMERGENCY SOLUTIONS GRANT Total 8,256.81 2205 POLICE ADMINISTRATION 62210 THE PRINTED WORD, INC.PRINTING SERVICES 89.00 62225 CARRIER CORPORATION SERVICE AGREEMENT 1,648.00 62272 WEST PUBLISHING CORP INFORMATION CHARGES 391.75 62272 WILD CROW COMMUNICATION, INC PROFESSIONAL SERVICES 300.00 62375 COOK COUNTY BUREAU OF INFORMATION DATA LINE CONNECTION 2,587.46 62490 NORTH SHORE TOWING TOW & HOOK 235.00 64005 COMED UTILITIES 194.04 64005 COMED UTILITIES 98.55 65125 ARTISTIC ENGRAVING BADGES & STARS 378.37 2205 POLICE ADMINISTRATION Total 5,922.17 2210 PATROL OPERATIONS 65020 J. G. UNIFORMS, INC UNIFORMS 442.00 65020 SECURITY PRO USA BALLISTIC HELMETS 2,199.89 65085 KIESLER POLICE SUPPLY, INC.PEPPER SPRAY 2,100.00 2210 PATROL OPERATIONS Total 4,741.89 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES 130.86 2240 POLICE RECORDS Total 130.86 2260 OFFICE OF ADMINISTRATION 62295 CITY OF EVANSTON PETTY CASH PETTY CASH - ADMINISTRATION 229.80 62295 ILLINOIS TACTICAL OFFICERS ASSOCIATION TRAINING - URBAN TACTICS & HIGH RISK OPERATIONS 4,100.00 62295 PERRY J. POLINSKI TRAINING - ANNUAL IPSTA CONFERENCE 114.45 62295 UNIVERSITY OF ILLINOIS -GAR 162 TRAINING - FIRE & ARSON INVESTING II 600.00 62295 UNIVERSITY OF ILLINOIS -GAR 163 TRAINING - FIRE & ARSON INVESTING III 425.00 62295 O'BRIEN, SEAN TRAINING/TRAVEL EXPENSES/MEALS - ACTIVE SHOOTER TRAINING 222.92 62295 MIZELL, MARK TRAINING/MEALS - CRISIS INTERVENTION TEAM 75.00 62295 FORCE SCIENCE INSTITUTE, LTD TRAINING 3,000.00 62295 LOCKMASTERS INC TRAINING - COM SECURITY SPECIALIST 5,400.00 62295 DAVID CHERREY TRAINING/TRAVEL MEALS - ACTIVE SHOOTER TRAINING 140.00 2260 OFFICE OF ADMINISTRATION Total 14,307.17 2280 ANIMAL CONTROL 64015 NICOR UTILITIES 139.27 65020 BP APPAREL TRAFFIC BUREAU SHIRTS 243.00 2280 ANIMAL CONTROL Total 382.27 2285 PROBLEM SOLVING TEAM 62210 EVANSTON IMPRINTABLES PRINTING SERVICES 558.23 2285 PROBLEM SOLVING TEAM Total 558.23 2291 PROPERTY BUREAU 65125 DOJE'S FORENSIC SUPPLIES FORENSICS SUPPLIES 398.68 65125 LYNN PEAVEY COMPANY EVIDENCE SUPPLIES 76.00 65125 HOUSE OF CANS INC PROPERTY SUPPLIES 146.68 2291 PROPERTY BUREAU Total 621.36 263 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 2295 BUILDING MANAGEMENT 62225 ANDERSON PEST CONTROL PEST CONTROL 56.45 65040 GRAINGER, INC., W.W.LIGHT BULBS 94.08 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 28.64 2295 BUILDING MANAGEMENT Total 179.17 2305 FIRE MGT & SUPPORT 62295 SAM'S CLUB DIRECT *SUPPLIES: FD TRAINING 15.12 62355 FIRE SOAPS TURNOUT SOAP 277.90 62518 CFS INSPECTIONS GROUND LADDER TESTING 1,313.00 65020 TODAY'S UNIFORMS INC.UNIFORMS 1,670.15 65125 CHICAGO COMMUNICATIONS, LLC.RADIO REPAIR 935.00 2305 FIRE MGT & SUPPORT Total 4,211.17 2310 FIRE PREVENTION 62295 FIRE INVESTIGATORS STRIKE FORCE TRAINING 45.00 2310 FIRE PREVENTION Total 45.00 2315 FIRE SUPPRESSION 62295 ADDISON FIRE PROTECTION DISTRICT #1 FIREFIGHTER TRAINING 2,625.00 62509 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 587.68 62522 AIR ONE EQUIPMENT METER CALIBRATION 80.00 62522 AIR ONE EQUIPMENT METER SENSOR 50.30 2315 FIRE SUPPRESSION Total 3,342.98 2320 EMERGENCY PREPAREDNESS 62245 SAM'S CLUB DIRECT *SUPPLIES: FD TRAINING 27.99 2320 EMERGENCY PREPAREDNESS Total 27.99 2407 HEALTH SERVICES ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 103.39 2407 HEALTH SERVICES ADMIN Total 103.39 2435 FOOD AND ENVIRONMENTAL HEALTH 62210 ALLEGRA PRINT & IMAGING ENVELOPE PRINTING 760.00 62295 IL ASSOCIATION OF CODE ENFORCEMENT REGISTRATION FOR 12/7/16 MEETING 140.00 62345 COOK COUNTY RECORDER OF DEEDS RECORDS 120.00 62360 IL ASSOCIATION OF CODE ENFORCEMENT MEMBERSHIP DUES 125.00 62477 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 33.88 65075 FINEST COURIER LOGISTICS COURIER SERVICES 105.00 65075 FINEST COURIER LOGISTICS COURIER/DELIVERY SERVICES 35.00 65620 FRIEDMAN, CHAYA DATABASE REPAIR 187.50 2435 FOOD AND ENVIRONMENTAL HEALTH Total 1,506.38 2440 VITAL RECORDS 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 676.00 2440 VITAL RECORDS Total 676.00 3010 REC. BUSINESS & FISCAL MGMT 65095 DELL COMPUTER CORP.LAPTOP FOR REC 790.96 65095 OFFICE DEPOT OFFICE SUPPLIES 159.59 3010 REC. BUSINESS & FISCAL MGMT Total 950.55 3020 REC GENERAL SUPPORT 62360 SAM'S CLUB DIRECT *MEMBERSHIP- MYRA GORMAN 15.00 65025 SAM'S CLUB DIRECT *SUPPLIES: AFTER CARE PROGRAM 96.35 3020 REC GENERAL SUPPORT Total 111.35 3025 PARK UTILITIES 64005 COMED UTILITIES 5,868.62 64005 MC SQUARED ENERGY UTILITIES 1,935.10 64015 NICOR UTILITIES 196.54 3025 PARK UTILITIES Total 8,000.26 3030 CROWN COMMUNITY CENTER 62360 SAM'S CLUB DIRECT *MEMBERSHIP-TIFFANY CASTON 15.00 64005 MC SQUARED ENERGY UTILITIES 3,539.79 65040 UNIFIRST CORPORATION JANITORIAL SUPPLY 17.54 3030 CROWN COMMUNITY CENTER Total 3,572.33 3035 CHANDLER COMMUNITY CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 31.20 64005 MC SQUARED ENERGY UTILITIES 1,744.65 65040 SUPERIOR INDUSTRIAL SUPPLY CUSTODIAL SUPPLIES 168.92 3035 CHANDLER COMMUNITY CENTER Total 1,944.77 364 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 3040 FLEETWOOD JOURDAIN COM CT 62225 STA-KLEEN INC.MONTHLY CLEANING BAFFLE WITH CLIPS 41.00 62511 KEVIN SPARKMON SECURITY FOR PRIVATE RENTAL 120.00 64005 MC SQUARED ENERGY UTILITIES 4,010.03 65095 OFFICE DEPOT OFFICE SUPPLIES -269.94 65110 COMCAST CABLE CABLE SERVICES 109.49 3040 FLEETWOOD JOURDAIN COM CT Total 4,010.58 3045 FLEETWOOD/JOURDAIN THEATR 62509 ALLIE BARON COSTUME CONSTRUCTION AND DESIGN FALL 2016 400.00 62511 DAVIDSON, CARYL PERFORMER POP UP THEATRE 40.00 62511 FRADKIN, ALLISON PERFORMER POP UP THEATRE 50.00 62511 LEVANDER, KELLY ARTIST ASSOCIATE 240.00 3045 FLEETWOOD/JOURDAIN THEATR Total 730.00 3050 RECREATION OUTREACH PROGRAM 65110 SAM'S CLUB DIRECT *SUPPLIES:DAJAE COLEMAN ANNUAL EVENT 48.44 3050 RECREATION OUTREACH PROGRAM Total 48.44 3055 LEVY CENTER SENIOR SERVICES 62505 CONNELLY'S ACADEMY TAE KWON DO CLASSES- LEVY CENTER 5,040.60 62505 KOPPEL, SOL D.CONTINUING BRIDGE INSTRUCTOR 175.00 62509 CINTAS CORPORATION #769 MONTHLY MAT SERVICE 224.05 62511 COMCAST CABLE CABLE SERVICES 141.15 62695 JUDON, ARNETT TAXI COUPON REIMBURSEMENT 1,422.00 62695 303 TAXI SEPTEMBER TAXI COUPON REIMBURSEMENT 9,954.00 62695 AMERICAN CHARGE SERVICE TAXI COUPON REIMBURSEMENT 752.00 64005 MC SQUARED ENERGY UTILITIES 6,670.40 65025 EDWARD DON & COMPANY JANITOR SUPPLIES DISHWASHER 84.44 65095 DELL COMPUTER CORP.LAPTOP FOR LEVY CENTER 936.88 65095 OFFICE DEPOT OFFICE SUPPLIES 149.48 65110 MOBILE MINI, INC.MONTHLY STORAGE RENTAL 111.58 3055 LEVY CENTER SENIOR SERVICES Total 25,661.58 3080 BEACHES 62490 VISUAL FITNESS INSTITUTE VISON SCREENING 325.00 62518 TYCO INTEGRATED SECURITY LLC ALARM INSTALLATION-DEMPSTER ST BEACH OFFICE 3,500.00 64005 MC SQUARED ENERGY UTILITIES 133.98 65040 SUPERIOR INDUSTRIAL SUPPLY SUPPLIES 122.00 3080 BEACHES Total 4,080.98 3095 CROWN ICE RINK 62251 TOTAL MECHANICAL SOLUTIONS, LLC BOILER MAINTENANCE 1,305.32 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 79.00 64005 MC SQUARED ENERGY UTILITIES 10,619.36 65040 UNIFIRST CORPORATION JANITORIAL SUPPLY 52.61 65050 BOTANY BAY CHEMICAL COMPANY COOLING TOWER MAINTENANCE 1,242.00 65095 ILLINOIS PAPER COMPANY PAPER FOR XEROXING 225.60 65110 RIEDELL SHOES INC.ICE SKATES 15,709.00 3095 CROWN ICE RINK Total 29,232.89 3100 SPORTS LEAGUES 62508 BACH, JAY LEAGUE OFFICIAL 70.00 62508 ZIMMERMAN, JAY LEAGUE OFFICIAL 700.00 62508 MORRIS SCHWARTZ LEAGUE OFFICIAL 908.00 62508 FRANKLIN, STEVE LEAGUE OFFICIAL 105.00 3100 SPORTS LEAGUES Total 1,783.00 3130 SPECIAL RECREATION 62490 MCGAW YMCA POOL RENTAL 1,920.00 3130 SPECIAL RECREATION Total 1,920.00 3215 YOUTH ENGAGEMENT DIVISION 62315 FEDEX KINKO'S - CAS SHIPPING TO DHSEM 38.53 3215 YOUTH ENGAGEMENT DIVISION Total 38.53 3225 GIBBS-MORRISON CULTURAL CENTER 62509 CHARLES N. TAYLOR MUSIC CLASS INSTRUCTOR 150.00 62509 SKINNER, SAKKARA HIP HOP DANCE INSTRUCTOR 350.00 3225 GIBBS-MORRISON CULTURAL CENTER Total 500.00 3605 ECOLOGY CENTER 62205 ALLEGRA PRINT & IMAGING INDOOR FARMERS MARKET BANNERS AND SIGNS 443.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 64.97 62505 CIGAN, LILY YOGA INSTRUCTION 604.80 62520 COLLECTIVE RESOURCE INC.NO WASTE EVENT TOTE PICKUP 24.00 64005 MC SQUARED ENERGY UTILITIES 555.68 65095 SAM'S CLUB DIRECT *SUPPLIES: OFFICE 14.98 3605 ECOLOGY CENTER Total 1,707.43 465 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 41.88 64005 MC SQUARED ENERGY UTILITIES 2,325.28 3710 NOYES CULTURAL ARTS CENTER Total 2,367.16 3720 CULTURAL ARTS PROGRAMS 62210 ALLEGRA PRINT & IMAGING PRINTING OF POCKET CALENDAR 1,669.00 62360 SAM'S CLUB DIRECT *MEMBERSHIP- ANGELA ALLYN 15.00 65095 OFFICE DEPOT OFFICE SUPPLIES 56.90 3720 CULTURAL ARTS PROGRAMS Total 1,740.90 4105 PUBLIC WORKS AGENCY ADMIN 52130 MITSUGU GOMIKAWA PD $90 FOR WT AND PERMIT; NOT ELIGIBLE FOR PERMIT 15.00 62360 AMERICAN PUBLIC WORKS ASN MEMBERSHIP DUES - PWA EMPLOYEES 53.69 65020 SILK SCREEN EXPRESS, INC.2016 AFSCME CLOTHING PURCHASE 4,037.50 65020 SILK SCREEN EXPRESS, INC.2016 AFSCME UNIFORM PURCHASE 23,074.50 65090 CINTAS FIRST AID & SUPPLY FIRST AID CABINET MAINTENANCE 51.49 4105 PUBLIC WORKS AGENCY ADMIN Total 27,232.18 4300 ENVIRONMENTAL SERVICES 65020 SILK SCREEN EXPRESS, INC.2016 AFSCME CLOTHING PURCHASE 274.00 4300 ENVIRONMENTAL SERVICES Total 274.00 4310 RECYCLING AND ENVIRONMENTAL MAIN 65625 REHRIG PACIFIC COMPANY 95 GALLON LIDS - GREEN 1,258.23 65625 REHRIG PACIFIC COMPANY 95 GALLON LIDS - NAVY BLUE 2,608.22 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 3,866.45 4320 FORESTRY 62385 SUNRISE TREE SERVICE INC DEFLOWERING MICRO INJECTION FOR FEMALE GINGKO 280.00 65005 WEST CENTRAL MUNICIPAL CONFERENCE SUBURBAN TREE CONSORTIUM MEMBER DUES FY2017 575.00 65085 ALEXANDER EQUIPMENT CO.TREE CLIMBING EQUIPMENT 448.41 65085 RUSSO POWER EQUIPMENT CHAIN SAW EQUIPMENT 575.90 65085 RUSSO POWER EQUIPMENT MUFFLER AND OIL PUMP 59.99 65085 RUSSO POWER EQUIPMENT SAW CHAIN AND CHAIN LOOP 90.00 4320 FORESTRY Total 2,029.30 4330 GREENWAYS 62195 CLESEN WHOLESALE 278 CHRISTMAS WREATHS FOR COMMERCIAL DISTRICTS 8,798.70 62195 COMED UTILITIES 0.87 62195 SKOKIE PARK DISTRICT MAINTENANCE/OPERATIONS COSTS-SOCCER/DOG PARK 14,619.69 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 65005 DEVROOMEN BULB CO INC FALL BULBS 215.50 65055 HOWARD L WHITE & ASSOCIATES, INC.REPLACEMENT BENCHES 4,661.00 4330 GREENWAYS Total 30,852.01 4400 CAPITAL PLANNING & ENGINEERING 62295 GLENVIEW, VILLAGE OF NIPSTA CONFINED SPACE TRAINING FOR SENIOR PROJECT MANAGER 105.00 62360 AMERICAN PUBLIC WORKS ASN MEMBERSHIP DUES - PWA EMPLOYEES 144.46 65085 KARA COMPANY INC.ENGINEERING FIELD SUPPLIES 411.99 65095 OFFICE DEPOT OFFICE SUPPLIES 60.63 4400 CAPITAL PLANNING & ENGINEERING Total 722.08 4500 INFRASTRUCTURE MAINTENANCE 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY SNOWPLOW DRIVER TRAINING 1,100.00 65020 SILK SCREEN EXPRESS, INC.2016 AFSCME CLOTHING PURCHASE 500.00 65625 VICTOR STANLEY, INC.SOLE SOURCE PURCHASE OF 4 BENCHES/STREET FURNITURE 5,896.00 65625 SILK SCREEN EXPRESS, INC.2016 AFSCME CLOTHING PURCHASE 604.50 65625 SILK SCREEN EXPRESS, INC.2016 SUMMER YOUTH CLOTHING 584.20 4500 INFRASTRUCTURE MAINTENANCE Total 8,684.70 4510 STREET MAINTENANCE 62415 G & L CONTRACTORS, INC 2016 DEBRIS HAULING 13,950.00 65055 OZINGA CHICAGO RMC, INC.2016 SOLE SOURCE CONCRETE PURCHASE 1,107.00 65055 BUILDERS ASPHALT, LLC 2016 SINGLE SOURCE HOT MIX ASPHALT PURCHASE 789.88 4510 STREET MAINTENANCE Total 15,846.88 4520 TRAF. SIG.& ST LIGHT MAINT 62360 SAM'S CLUB DIRECT *MEMBERSHIP-CURTIS WILLIAMS 15.00 64006 COMED UTILITIES 576.91 64008 MC SQUARED ENERGY UTILITIES 37.53 65070 ELCAST LIGHTING STREET LIGHT FIXTURE REPAIR 1,500.00 65115 ALLEGRA PRINT & IMAGING DIRECTIONAL SIGNS 1,275.00 65115 ALLEGRA PRINT & IMAGING DOG WASTE SIGN 71.00 4520 TRAF. SIG.& ST LIGHT MAINT Total 3,475.44 566 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 4550 MAINT-SNOW & ICE 65015 CONSERV FS PURCHASE OF BAG SALT 5,543.40 65015 MORTON SALT ROCK SALT 76,573.80 4550 MAINT-SNOW & ICE Total 82,117.20 100 GENERAL FUND Total 434,082.05 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62360 APCO INTERNATIONAL APCO MEMBERSHIP 184.00 62509 CHICAGO COMMUNICATIONS, LLC.ZETRON IP FSA 2015/2016 SERVICE AGREEMENT RENEWAL 660.00 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 324.01 65625 DELL COMPUTER CORP.5 PCS FOR PD FRONT DESK AND 911 6,406.50 5150 EMERGENCY TELEPHONE SYSTM Total 7,574.51 205 EMERGENCY TELEPHONE (E911) FUND Total 7,574.51 215 CDBG FUND 5275 PUBLIC FACILITIES 67045 YOUTH OPPROTUNITY UNITED SOFT COSTS FOR CONSTRUCTION OF NEW HQ 113,030.86 5275 PUBLIC FACILITIES Total 113,030.86 215 CDBG FUND Total 113,030.86 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62185 FEDERAL EXPRESS CORP.SHIPPING 115.28 62185 KANE, MCKENNA AND ASSOCIATES, INC.2015 TIF REPORT PREPARATION 125.00 533001 62660 MINUTEMAN PRESS POSTERS FOR MAIN-DEMPSTER WINE WALK 252.56 62662 EVANSTON NOW, LLC SMALL BUSINESS SATURDAY 565.00 533001 62662 LA PRINCIPAL *HOLIDAY BAGS 4,584.00 62662 CHRISTOPHER B. BURKE ENGINEERING, LTD.TOPOGRAPHIC & BOUNDARY SURVEY-RECYCLING CENTER 14,700.00 5300 ECON. DEVELOPMENT FUND Total 20,341.84 225 ECONOMIC DEVELOPMENT FUND Total 20,341.84 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS CONNECTIONS TBRA VOUCHER (2013)1,455.00 65535 CONNECTIONS FOR THE HOMELESS CONNECTIONS TBRA VOUCHER (2016)11,433.40 5430 HOME FUND Total 12,888.40 240 HOME FUND Total 12,888.40 300 WASHINGTON NATIONAL TIF FUND 5476 CAPITAL PROJ.-WASHINGTON TIF 62185 FEDERAL EXPRESS CORP.SHIPPING 115.28 62185 KANE, MCKENNA AND ASSOCIATES, INC.2015 TIF REPORT PREPARATION 125.00 5476 CAPITAL PROJ.-WASHINGTON TIF Total 240.28 300 WASHINGTON NATIONAL TIF FUND Total 240.28 310 HOWARD-HARTREY TIF 5500 HOWARD-HARTREY TIF DEBT SRVCE 62185 FEDERAL EXPRESS CORP.SHIPPING 115.27 62185 KANE, MCKENNA AND ASSOCIATES, INC.2015 TIF REPORT PREPARATION 125.00 5500 HOWARD-HARTREY TIF DEBT SRVCE Total 240.27 310 HOWARD-HARTREY TIF Total 240.27 320 DEBT SERVICE FUND 5707 2007 BONDS 62350 WELLS FARGO BANK G.O. SERIES 2007 250.00 5707 2007 BONDS Total 250.00 5716 2013 B BONDS 62350 WELLS FARGO BANK G.O. SERIES 2013A 750.00 5716 2013 B BONDS Total 750.00 667 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 5718 2015 B BONDS 62350 WELLS FARGO BANK G.O. REF BONDS 2015B 1,000.00 5718 2015 B BONDS Total 1,000.00 5719 2015 A BONDS 62350 WELLS FARGO BANK G.O. SERIES 2015A 1,000.00 5719 2015 A BONDS Total 1,000.00 320 DEBT SERVICE FUND Total 3,000.00 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 TMQ GROUP LLC MONTHLY RENT FOR POLICE OUTPOST AT 745 HOWARD 1,000.00 64015 NICOR UTILITIES 88.02 5860 HOWARD RIDGE TIF Total 1,088.02 330 HOWARD-RIDGE TIF FUND Total 1,088.02 415 CAPITAL IMPROVEMENTS FUND 4115 2015 BOND PROJECTS 65515 MITY-LITE INC.OVER PAYMENT -1,736.30 616010 65515 RIDDIFORD ROOFING COMPANY JAMES PARK FIELD HOUSE ROOFING/ SIDING REPLACEMENT 49,473.00 415193 65515 A LAMP CONCRETE CONTRACTORS, INC.CENTRAL ST STREETSCAPE PROJECT BID #15-43 33,532.10 4115 2015 BOND PROJECTS Total 81,268.80 4116 2016 BOND PROJECTS 616023 62145 MOSHE CALAMARO & ASSOC LEVY CENTER STRUCTURAL EVALUATION-SOLAR PANEL INSTALLATION 3,376.00 516002 62145 SMITHGROUPJJR, INC.RFP 16-13, CHURCH STREET HARBOR RENOVATIONS - PHASE 2 9,649.50 416535 62145 STANLEY CONSULTANTS INC.MAIN ST. CORRIDOR IMPROVEMENT PROJECT RFP# 16-47 18,637.50 416511 65515 GSG MATERIAL TESTING 2016 MATERIAL TESTING AND INSPECTION CONTRACT RENEWAL 6,910.00 416515 65515 GSG MATERIAL TESTING 2017 MATERIAL TESTING AND INSPECTION CONTRACT RENEWAL 1,000.00 416517 65515 GSG MATERIAL TESTING 2018 MATERIAL TESTING AND INSPECTION CONTRACT RENEWAL 1,285.00 416525 65515 GSG MATERIAL TESTING 2019 MATERIAL TESTING AND INSPECTION CONTRACT RENEWAL 2,250.00 416536 65515 MITY-LITE INC.ROBERT CROWN CENTER FURNITURE PURCHASE 6,766.65 416515 65515 A LAMP CONCRETE CONTRACTORS, INC.2016 CDBG RESURFACING AND SNAP LIGHTING PROJECT 20,704.30 416525 65515 A LAMP CONCRETE CONTRACTORS, INC.2016 PARKING LOT IMPROVEMENT PROJECT BID NO 16-55 179,616.40 516006 65515 A LAMP CONCRETE CONTRACTORS, INC.2017 PARKING LOT IMPROVEMENT PROJECT BID NO 16-55 36,000.00 616016 65515 A LAMP CONCRETE CONTRACTORS, INC.2018 PARKING LOT IMPROVEMENT PROJECT BID NO 16-55 5,000.00 416450 65515 ESI CONSULTANTS, LTD EMERSON/RIDGE/GREENBAY PHASE III ENGINEERING SERVICES 108,530.62 416514 65515 HAMPTON, LENZINI AND RENWICK, INC.DODGE AVE BIKE LANE CONSTRUCTION ENGINEERING SRVC 12,950.62 616009 65515 CONSTRUCTION CONSULTING & DISBURSEMENT WASHROOM RENOVATIONS-GREENWOOD ST & LEE ST BEACH HOUSE 47,601.22 4116 2016 BOND PROJECTS Total 460,277.81 4216 2016 CAPITAL FROM OTHER SOURCES 416502 65515 A LAMP CONCRETE CONTRACTORS, INC.2016 CDBG STREET RESURFACING AND SNAP LIGHTING PROJECT 21,734.93 416521 65515 A LAMP CONCRETE CONTRACTORS, INC.2016 CDBG STREET RESURFACING AND SNAP LIGHTING PROJECT 2,452.82 4216 2016 CAPITAL FROM OTHER SOURCES Total 24,187.75 415 CAPITAL IMPROVEMENTS FUND Total 565,734.36 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53510 COOK COUNTY COLLECTOR *PARKING TAXES-SEPT 2016 104.00 62603 MOTIVATE INTERNATIONAL, INC.DIVVY EXPENSES 24,049.34 65115 ALLEGRA PRINT & IMAGING BLOCK CLUB SIGNS 3,520.00 416528 65515 GSG MATERIAL TESTING 2016 MATERIAL TESTING AND INSPECTION CONTRACT RENEWAL 1,950.00 616014 65515 RELIABLE & ASSOCIATES CONSTRUCTION CO., INC.2016 CHURCH STREET AND MAPLE AVENUE GARAGE REPAIRS 95,632.34 616015 65515 RELIABLE & ASSOCIATES CONSTRUCTION CO., INC.2017 CHURCH STREET AND MAPLE AVENUE GARAGE REPAIRS 248,153.28 416526 65515 A LAMP CONCRETE CONTRACTORS, INC.2016 PARKING LOT IMPROVEMENT PROJECT BID NO 16-55 166,128.74 416528 65515 A LAMP CONCRETE CONTRACTORS, INC.2017 PARKING LOT IMPROVEMENT PROJECT BID NO 16-55 76,805.14 7005 PARKING SYSTEM MGT Total 616,342.84 7015 PARKING LOTS & METERS 64005 COMED UTILITIES 184.30 65070 DUNCAN PARKING TECHNOLOGIES, INC.MONTHLY FEE PER PARKING METER -BACK OFFICE SUPPORT 12,586.00 65070 PASSPORT PARKING, INC`.35 PER TRANSACTION FEE FOR PAY BY CELL OPTION 5,289.90 65070 3C PAYMENT (USA) CORP CREDIT AND DEBIT CARD TRANSACTION FEES OCT 2016 1,289.20 7015 PARKING LOTS & METERS Total 19,349.40 7025 CHURCH STREET GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-SEPT 2016 2,212.00 62509 AUTOMATED PARKING TECHNOLOGIES CONNECTIVITY REPAIRS AT CHURCH STREET GARAGE 264.00 768 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 64005 MC SQUARED ENERGY UTILITIES 2,511.49 64505 COMCAST CABLE COMMUNICATION CHARGES 510.00 7025 CHURCH STREET GARAGE Total 5,497.49 7036 SHERMAN GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-SEPT 2016 3,026.00 62509 AUTOMATED PARKING TECHNOLOGIES CREDIT CARD EQUIPMENT REPAIRS 357.00 64005 MC SQUARED ENERGY UTILITIES 6,407.23 64505 COMCAST CABLE COMMUNICATION CHARGES 510.00 7036 SHERMAN GARAGE Total 10,300.23 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAXES-SEPT 2016 1,530.00 53510 COOK COUNTY COLLECTOR *PARKING TAXES-SEPT 2016 459.00 62425 OTIS ELEVATOR COMPANY RESET ELEVATORS AFTER POWER OUTAGE AT MAPLE GARAGE 2,293.05 62509 AUTOMATED PARKING TECHNOLOGIES CAMERA REPAIR NOT COVERED BY WARRANTY 749.03 64005 MC SQUARED ENERGY UTILITIES 4,688.79 64015 NICOR UTILITIES 94.43 64505 COMCAST CABLE COMMUNICATION CHARGES 510.00 7037 MAPLE GARAGE Total 10,324.30 505 PARKING SYSTEM FUND Total 661,814.26 510 WATER FUND 510 WATER SUPPORT 227000 CHRISTIAAN DEBRAUW *OVERPAYMENT-WATER ACCT#02211860-01 2,003.78 510 WATER SUPPORT Total 2,003.78 4200 WATER PRODUCTION 56140 ILLINOIS DEPT OF REVENUE *SALES TAX OCT 2016 940.00 64540 BYTRONICS, INC., BASIN TECH CENTRE MONTHLY SUPPORT FOR DIGTRACK TICKETS 188.20 65095 OFFICE DEPOT OFFICE SUPPLIES 573.76 4200 WATER PRODUCTION Total 1,701.96 4208 WATER BILLING 62245 WATER SERVICES COMPANY LARGE METER TESTING 1,461.08 4208 WATER BILLING Total 1,461.08 4210 PUMPING 64005 COMED UTILITIES 70.98 64005 MC SQUARED ENERGY UTILITIES 80,845.85 65020 SILK SCREEN EXPRESS, INC.2016 AFSCME CLOTHING PURCHASE 263.00 4210 PUMPING Total 81,179.83 4220 FILTRATION 65015 UNIVAR USA, INC.LIQUID ALUMINUM SULFATE (PER SPEC)15,519.28 65020 SILK SCREEN EXPRESS, INC.2016 AFSCME CLOTHING PURCHASE 347.00 65030 CARUS PHOSPHATES, INC.ORTHOPOLYPHOSPHATE (PER SPEC)17,129.76 4220 FILTRATION Total 32,996.04 4540 DISTRIBUTION MAINTENANCE 65055 G & L CONTRACTORS, INC 2016 GRANULAR MATERIALS 8,197.81 4540 DISTRIBUTION MAINTENANCE Total 8,197.81 510 WATER FUND Total 127,540.50 520 SOLID WASTE FUND 4310 RECYCLING AND ENVIRONMENTAL MAIN 56155 ILLINOIS DEPT OF REVENUE *SALES TAX OCT 2016 44.00 62415 GROOT RECYCLING & WASTE SERVICES RESIDENTIAL SOLID WASTE COLLECTION 135,880.38 62415 GROOT RECYCLING & WASTE SERVICES YARD WASTE COLLECTION 72,775.32 4310 RECYCLING AND ENVIRONMENTAL MAIN Total 208,699.70 520 SOLID WASTE FUND Total 208,699.70 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 62295 CHICAGO PARTS & SOUND, LLC TRAINING, LUCAS & DENNIS 815.00 62360 MUNICIPAL FLEET MGRS ASSC C/O JACK GRAY 2016 ANNUAL DUES 30.00 65095 OFFICE DEPOT OFFICE SUPPLIES - FLEET 333.37 7705 GENERAL SUPPORT Total 1,178.37 869 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORMS 326.39 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 518.01 65035 GAS DEPOT INC.7,000 GALLONS B11 BIO-DIESEL 12,370.33 65035 GAS DEPOT INC.8,000 GALLONS UNLEADED FUEL 13,337.68 65060 1ST AYD CORPORATION CHEMICALS FOR VEHICLES 958.18 65060 ATLAS BOBCAT, INC.#640 & #639 DRIVE BELT 846.01 65060 CUMBERLAND SERVICENTER BRAKE TREADLE VALVE 916.96 65060 CUMBERLAND SERVICENTER DOOR LATCHES 201.22 65060 FREEWAY FORD TRUCK SALES #584 FUEL SHUT OFF 515.32 65060 GROVER WELDING COMPANY #504 CHIPPER HANDLE REPAIR 65.90 65060 GROVER WELDING COMPANY #615 SPINNER REPAIRS 338.30 65060 GROVER WELDING COMPANY SNOW PLOW WHEEL PLATES 4,964.40 65060 HAVEY COMMUNICATIONS INC.#14 EXTRA LIGHTING 281.42 65060 HAVEY COMMUNICATIONS INC.#14 UP-FIT NEW POLICE VEHICLE 3,790.95 65060 HAVEY COMMUNICATIONS INC.2 CHANNEL FLASHER 75.25 65060 LAKE/COOK C.V. JOINTS INC #137 DRIVE SHAFT REPAIR 550.00 65060 LEACH ENTERPRISES, INC.4' BAND CLAMPS 61.46 65060 LEACH ENTERPRISES, INC.4WAY SOLENOID VALVE 186.20 65060 LEACH ENTERPRISES, INC.AIR BRAKE DRYER CRTG 243.77 65060 LEACH ENTERPRISES, INC.DESSICANT CARTRIDGE 402.52 65060 LEACH ENTERPRISES, INC.HEADLAMPS 20.90 65060 LEACH ENTERPRISES, INC.HUB NUT COVERS 42.00 65060 LEACH ENTERPRISES, INC.REFUSE TRUCK #718 FULL BRAKE JOB 1,745.86 65060 LEACH ENTERPRISES, INC.STR STEEL TUBING 30.36 65060 MONROE TRUCK EQUIPMENT SNOW PLOW WHEEL PARTS 4,473.11 65060 NORTH SHORE TOWING #325R TOW TO INLAND DIESEL 787.50 65060 NORTH SHORE TOWING TOW TO FLEET 125.00 65060 NORTHWEST TRUCKS INC #719 CAB AIR SPRING 62.12 65060 NORTHWEST TRUCKS INC BLOWER MOTOR 146.49 65060 NORTHWEST TRUCKS INC CREDIT -126.47 65060 PATTEN INDUSTRIES #928 & #929 PARTS MANUAL 1,313.10 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.#159 MAN LIFT REPAIRS 1,095.00 65060 RUNNION EQUIPMENT CO.#583 ANNUAL OSHA INSPECTION AND REPAIRS 3,813.38 65060 STANDARD EQUIPMENT COMPANY #668 BOOM INSPECTION 357.25 65060 STANDARD EQUIPMENT COMPANY #956 RANGE SWITCH 94.11 65060 UNITED PARCEL SERVICE SHIPPING 4.76 65060 WHOLESALE DIRECT INC LED ASSY AMBER 323.39 65060 WEST SIDE EXCHANGE #680 CUTTING BLADE 260.50 65060 WEST SIDE EXCHANGE HUB PLUG FOR ROLLER 46.11 65060 GEIB INDUSTRIES, INC.#712 HYD HOSE 342.75 65060 GEIB INDUSTRIES, INC.#716 HYD HOSE 170.71 65060 TEREX UTILITIES, INC.#575 HYDRAULIC CYL ON BOOM REPAIRS 1,555.61 65060 GLOBAL EMERGENCY PRODUCTS, INC.#322 ABS SENSOR 169.03 65060 GLOBAL EMERGENCY PRODUCTS, INC.#322 BRAKE JOB 1,717.30 65060 GLOBAL EMERGENCY PRODUCTS, INC.(4) RIM ASSY 1,056.24 65060 GLOBAL EMERGENCY PRODUCTS, INC.BRAKE CHAMBER 917.89 65060 GLOBAL EMERGENCY PRODUCTS, INC.FLEX TUBING 46.30 65060 GLOBAL EMERGENCY PRODUCTS, INC.LOCK ASSY 1,442.74 65060 GLOBAL EMERGENCY PRODUCTS, INC.PROXIMITY SWITCH 380.92 65060 GLOBAL EMERGENCY PRODUCTS, INC.RIM ASSY 565.32 65060 GLOBAL EMERGENCY PRODUCTS, INC.SLEEVE KIT 85.14 65060 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 263.44 65060 BILL'S AUTO & TRUCK REPAIR #766 SEAT BELT INSTALL AND REPAIR 2,863.35 65060 GOLF MILL FORD #107 RESERVOIR TANK 47.22 65060 GOLF MILL FORD #29 CAT CONVERTER 1,984.00 65060 GOLF MILL FORD #29 O2 SENSOR 127.65 65060 GOLF MILL FORD #29 O2 SENSORS 44.27 65060 GOLF MILL FORD #300 REMOTE FOR VEHICLE 55.82 65060 GOLF MILL FORD #527 BATTERY COVER 23.41 65060 GOLF MILL FORD #68 FUEL TANK BRACKET 113.64 65060 GOLF MILL FORD #68 HOUSING 32.77 65060 GOLF MILL FORD #68 TURN SIGNAL MODULE 252.23 65060 GOLF MILL FORD #69 CAT CONVERTER REPLACED 525.92 65060 GOLF MILL FORD #914 BRAKE JOB 599.44 65060 GOLF MILL FORD CREDIT -38.25 65060 GOLF MILL FORD KEY #763 129.95 65060 GOLF MILL FORD PLUG 6.54 65060 GOLF MILL FORD RESERVOIR TANK 141.66 65060 R.N.O.W., INC.TAILGATE SEALS TRUCK 704,713,716,721,722 1,499.98 65060 POMP'S TIRE SERVICE, INC.#312 GOODYEAR TIRE 562.47 65060 SUBURBAN ACCENTS, INC.MISC NUMBER DECALS 1,100.50 65060 SUBURBAN ACCENTS, INC.NEW POLICE VEHICLE GRAPHICS 5,225.00 65060 CHICAGO PARTS & SOUND, LLC BRAKE ROTORS 931.98 65060 CHICAGO PARTS & SOUND, LLC CREDIT -105.24 65060 ADVANCED PROCLEAN INC.POWER WASHING 782.20 65060 THE CHEVROLET EXCHANGE #63 SWAY BAR 734.88 65060 THE CHEVROLET EXCHANGE CAP 57.81 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #629 STARTER 422.19 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #717 BRAKE PAD COVER 28.68 970 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #719 PRESSURE SENSOR 109.76 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC CREDIT -90.99 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC EGR VALVE 90.99 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC HORN KIT 157.33 65065 WENTWORTH TIRE SERVICE 9 NEW TIRES 1,037.88 65065 WENTWORTH TIRE SERVICE TIRE REAPIR 232.80 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 469.90 7710 MAJOR MAINTENANCE Total 84,435.87 600 FLEET SERVICES FUND Total 85,614.24 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 65550 HAVEY COMMUNICATIONS INC.#14 EXTRA LIGHTING 281.43 65550 HAVEY COMMUNICATIONS INC.#14 UP-FIT NEW POLICE VEHICLE 3,790.95 65550 CURRIE MOTORS NEW REPLACEMENT VEHICLE #80 19,135.00 65550 CURRIE MOTORS NEW VEHICLE #58 26,670.00 65550 CURRIE MOTORS NEW VEHICLE #67 & #31 53,562.00 65550 CURRIE MOTORS NEW VEHICLE PURCHASE #21 26,732.00 65550 CURRIE MOTORS NEW VEHICLE PURCHASE #99 & #49 53,562.00 65550 CURRIE MOTORS NEW VEHICLES #32,41,47,54 106,680.00 65550 CURRIE MOTORS NEW VEHICLES #39 & #51 53,856.00 65550 CURRIE MOTORS REPLACEMENT VEHICLE #14 26,474.00 65550 CURRIE MOTORS REPLACEMENT VEHICLE #87 26,474.00 65550 CURRIE MOTORS REPLACEMENT VEHICLES #22  52,948.00 65550 RUSH TRUCK CENTERS OF ILLINOIS, INC *NEW PURCHASE-REPLACE TRUCK #581 74,277.00 7780 VEHICLE REPLACEMENTS Total 524,442.38 601 EQUIPMENT REPLACEMENT FUND Total 524,442.38 Grand Total 2,766,331.67 1071 of 476 CITY OF EVANSTON BILLS LIST PERIOD ENDING 11.29.2016 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS VARIOUS CASUALTY LOSS 189,194.50 VARIOUS VARIOUS CASUALTY LOSS 45.25 VARIOUS VARIOUS WORKERS COMP 12,101.36 VARIOUS VARIOUS WORKERS COMP 9,872.06 211,213.17 SEWER 7477.68050 IEPA LOAN DISBURSEMENT SEWER FUND 40,028.47 7605.68305 IEPA LOAN DISBURSEMENT SEWER FUND 307,636.02 7622.68305 IEPA LOAN DISBURSEMENT SEWER FUND 165,695.83 7623.68305 IEPA LOAN DISBURSEMENT SEWER FUND 291,948.30 805,308.62 WATER 7135.68305 IEPA LOAN DISBURSEMENT WATER FUND 31,089.09 31,089.09 VARIOUS VARIOUS TWIN EAGLE NATURAL GAS-OCTOBER, 2016 11,444.68 11,444.68 1,059,055.56 Grand Total 3,825,387.23 PREPARED BY DATE REVIEWED BY DATE APPROVED BY DATE 1172 of 476 For City Council meeting of November 28, 2016 Item A3.1 Business of the City by Motion: Purchase of Insurance/Renewals For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Purchase of Insurance/Renewals– Property, Excess Liability & Excess Worker’s Compensation for Fiscal Year 2017 Date: November 28, 2016 Recommended Action: Staff recommends approval to purchase the outlined policies at a total cost of $528,658. The policies will renew all insurance coverage for the City for Fiscal Year 2017. All coverage exclusive of Worker’s Compensation is budgeted at $490,000, and Worker’s Compensation is budgeted at $130,000, for a FY2017 total of $620,000. Premium quotations received reflected the market’s tightening, but there was a slight decrease in total pricing for all coverages. Total Premiums Arthur J. Gallagher placements - $14,262/3.5% decrease below total expiring premium. •General Liability (Excess) –Allied (first $10M layer)$143,069 –Gemini (second layer of $10M) $ 45,000 Subtotal $188,069 •Property – Affiliated FM $191,705 •Cyber Liability – Axis $ 16,372 $396,146 Owens Group placements - $11,160/9% increase over total expiring premium. •Excess Worker’s Compensation – Safety National $125,766 •Crime – Chartis $ 6,746 $132,512 Total: $528,658 $2,812 lower than FY2016 Funding Source: Funding for this purchase will be from the Insurance Fund (Account Number 605.99.7800.62615 and 605.99.7800.66044). Memorandum 73 of 476 Livability Benefits: Innovation & Process: Support local government best practices and processes. Summary: The City is exposed to various risks of loss related to torts, theft, asset damage, errors and omissions, and natural disasters. Current insurance policies will expire on December 31, 2016. The City’s new brokers of record, Arthur J. Gallagher and the Owens Group, took all insurance to underwriting and market. a. Property Insurance The City maintains commercial all-risk insurance to cover damage to City facilities and contents and other losses, including business interruption and loss of rents. The coverage is subject to a deductible of $50,000 for each loss and each location. Staff conducted an independent review of property insurance indications from various carriers, including Affiliated FM (current carrier). The premium computations were based upon the Total Insured Value. Several carriers declined to quote or were not competitive on deductible or pricing. Staff recommends award of property insurance renewal to Affiliated FM in the amount of $191,705. This renewal pricing is the same as the FY2016 expiring premium. b. General Liability Insurance The City currently maintains a self-insured retention (“SIR”) of $1.25 million with an additional layer of excess insurance totaling $20 million. For purposes of prudent risk management, it is advisable to maintain the current retention level and excess layer of coverage such that the City gains additional protection/insured risk in the event of a large loss. We also anticipated the market tightening resulting in premium increases. Staff worked with Gallagher to ensure that the City’s program was effectively marketed to several prospective carriers in order to obtain the most competitive pricing and terms. The City’s premiums, which remained steady, went against public sector market averages that are ranging in a 2-4% range for increases. Staff recommends binding with Allied for $143,069 for the First layer of $10M coverage, and with Great American for $45,000 for the Second layer of $10M coverage. c. Other Insurance Policies The City also maintains insurance for Excess Worker’s Compensation and Crime. The Workers’ Compensation premium payable increased $12,226, but this increase is in line with increases for public sector clients across Illinois. This renewal premium is nonetheless $4,234 below FY2017 budget. The renewal for the Crime policy is $746 below expiring. Cyber Liability is a recommended line of coverage that was first obtained in FY2014, and we obtained a significant premium decrease under expiring. 74 of 476 Staff recommends award of Property, Excess Liability, Crime, Cyber Liability and Excess Worker’s Compensation renewal policies to the insurance companies as set forth. These amounts will be expended from the Insurance Fund which has sufficient funds available for this purpose. d. Total Premiums The chart below compares quoted premiums to a projected budget. Quoted premium totals were $91,342 less than budgeted for FY2017. 2016 Premium 2016 Budget • Property $191,705 • General Liability – Excess $188,069 • Cyber $ 16,372 • Crime $ 6,746 __________ $402,892 $490,000 • Excess Worker’s Compensation $125,766 $130,000 Total: $528,658 $620,000 Staff will manage remaining Insurance Fund accounts during 2016 to stay within the total Fund budget. 75 of 476 For City Council meeting of November 28, 2016 Item A3.2 Business of the City by Motion: Water Treatment Chemical Contracts For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Public Works Agency Director Darrell A. King, Water Production Bureau Chief Subject: Approval of Contracts for Water Treatment Chemicals for Use in FY 2017 (Bid 16-63) Date: November 28, 2016 Recommended Action: Staff recommends that City Council authorize the City Manager to execute contracts with the following five vendors to supply water treatment chemicals in response to Bid 16-63: 1) Affinity Chemical (P.O. Box 601298, Dallas, Texas) in the amount of $118,250.00 to supply aluminum sulfate (alum); 2) JCI Jones (600 Bethel Ave. Grove Indiana 46107) in the amount of $33,044.00 to supply chlorine; 3) Mosaic-Fishhawk (13830 Circa Crossing Dr, Lithia, FL) in the amount of $107,400.00 to supply HFS acid (fluoride); 4) SNF Polydyne Inc. (One Chemical Plant Road, Riceboro, GA) in the amount of $23,840.00 to supply polymer; and 5) Carus Corporation (315 Fifth Street, Peru, IL) in the amount of $88,614.40 to supply blended phosphate. The total of these proposed purchases is $371,148.40. Funding Source: Funding for the purchase of alum, chlorine, fluoride and polymer is from Account 510.40.4220.65015, which has a budget allocation of $465,000.00 for FY2017. Blended phosphate is purchased from Account 510.40.4220.65030, which has a FY2017 budget allocation of $101,000. Livability Benefits: Health & Safety: Improve health outcomes. Summary: Bid specifications 16-63 were prepared for the purchase of water treatment chemicals needed during FY2017. The bid for water treatment chemicals was advertised in the Pioneer Press and on Demandstar. Bids were opened and publicly read on September 6, 2016. The bid specifications provide for a one year contract with selected vendors. Memorandum 76 of 476 Five different chemicals are primarily used in the Evanston water treatment process. Chlorine is used as a disinfectant, alum and polymer are used as coagulants, fluoride is added to help prevent tooth decay, and a blended phosphate is added to coat the interior of pipes to reduce the amount of lead and copper from leaching into the water. Staff has reviewed the chemical bids received on September 6, 2016. Attached is a tabulation of the bid responses. Staff recommends acceptance of all of the apparent low bids as responsive and responsible for alum, chlorine, fluoride, polymer and blended phosphate and award of the contracts as indicated. CHEMICAL: Alum Below is a summary of the bid results obtained on September 6, 2016 from bid 16-63 for supplying alum during FY 2017. Vendor Unit Price per ton Affinity Chemical $275.00 Chemtrade $484.00 Usalco $326.96 Univar USA $329.41 Carus Corp $370.31 Rowell Chemical Corp $379.83 CHEMICAL: Chlorine Below is a summary of the bid results obtained on September 6, 2016 from bid 16-63 for supplying chlorine during FY 2017. Please note that chlorine is supplied in both ton cylinders (in a price per ton) and in 150 pound cylinders (in a price per cylinder). Vendor Unit Price per ton (ton cylinder) Unit Price per 150# cylinder JCI Jones $298.00 $44.00 Alexander Chemical $331.00 $52.50 CHEMICAL: Fluoride Below is a summary of the bid results obtained on September 6, 2016 from bid 16-63 for supplying HFS acid (fluoride) during FY 2017. Vendor Unit Price per ton Mosaic-Fishhawk $358.00 Alexander Chemical Corp $396.00 BHS Marketing, LLC $402.75 Pencco, Inc. $375.00 Univar $483.16 77 of 476 CHEMICAL: Polymer Below is a summary of the bid results obtained on September 6, 2016 from bid 16-63 for supplying polymer during FY 2017. Vendor Unit Price per ton SNF Polydyne Inc. $596.00 CHEMICAL: Blended phosphate Below is a summary of the bid results obtained on September 6, 2016 from bid 16-63 for supplying blended phosphate during FY 2017. Shannon Chemical Corporation and Brenntag Great Lakes LLC also submitted bids but were disqualified as a result of not submitting IEPA pre-approved blended phosphate chemicals. Vendor Unit Price per gallon Carus Chemical $4.1216 Brenntag Great Lakes LLc $4.647 Shannon Chemical $3.97 Account 510.40.4220.65015 provides funding for the purchase of water treatment chemicals except for the blended phosphate. This account has a budget allocation of $465,000 in FY 2017. The contracts to supply the estimated quantity of alum, chlorine, HFS acid and polymer will utilize $282,534.00 of this budget allocation as indicated below. Chemical Unit Price Est. Quantity Total Cost Alum $275.00 430 tons $118,250.00 Chlorine (1-ton cyl) $298.00 110 tons $32,780.00 Chlorine (150# cyl) $ 44.00 6 cylinders $264.00 HFS acid $358.00 300 tons $107,400.00 Polymer $596.00 40 tons $ 23,840.00 TOTAL $282,534.00 Since a portion of the cost for blended phosphate is reimbursed by the Northwest Water Commission, a separate account was established for purchasing this product (510.40.4220.65030). Account 510.40.4220.65030 has a FY 2017 budget allocation of $101,000 and is augmented by revenues paid by the Northwest Water Commission, which is estimated at $52,806.72 for FY 2017. Chemical Unit Price Est. Quantity Total Cost Blended Phosphate $4.1216 21,500 gallons $88,614.40 78 of 476 The table below summarizes the costs and the percent change from FY2016 to FY2017 is shown below. 2012 2013 2014 2015 2016 2017 % Change FY 2016 to 2017 Liquid Alum ($/ton) $447.28 $447.28 $447.28 $447.28 $346.15 $275.00 -20% Chlorine ($/ton) $424.50 $365.00 $365.00 $318.00 $316.00 $298.00 -5% Chlorine ($/150#) $95.00 $94.00 $79.00 $52.00 $50.50 $44.00 -12% HFS Acid (fluoride) ($/ton) $596.00 $539.00 $519.00 $443.37 $412.00 $358.00 -13% Polymer ($/ton) $870.00 $760.00 $538.00 $578.00 $480.00 $596.00 24% Phosphate ($/gallon) $5.15 $4.98 $4.48 $4.35 $4.27 $4.1216 -3.475% Legislative History: Water Treatment Chemicals bid is performed annually and was last approved by City Council on November 23, 2015 Attachments: Bid Tabulation 16-63 79 of 476 BID TABULATION BID # 16-63 WATER TREATMENT CHEMICALS Bid Opening: September 6, 2016 Group A - Aluminum Sulfate Vendor City/State Estimated Quantity Unit Unit Bid Total Cost Estimate Affinity Chemical Dallas, Tx 430 ton $275.00 $118,250.00 Chemtrade Parsippany, NJ 430 ton $484.00 $208,120.00 Usalco Baltimore, MD 430 ton $326.96 $140,592.80 Univar USA Kent, WA 430 ton $329.41 $141,646.30 Carus Corp Peru, IL 430 ton $370.31 $159,233.30 Rowell Chemical Corp Hinsdale, IL 430 ton $379.83 $163,326.90 Group B - Liquid Chlorine Vendor City/State Estimated Quantity Unit Unit Bid Total Cost Estimate Alexander Chemical Downers Grove, IL 110 ton $331.00 $36,410.00 6 150#$52.50 $315.00 TOTAL $36,725.00 JCI Jones Beech Grove, IN 110 ton $298.00 $32,780.00 6 150#$44.00 $264.00 TOTAL $33,044.00 Vendor City/State Estimated Quantity Unit Unit Bid Total Cost Estimate Alexander Chemical Corp Lisle, IL 300 ton $396.00 $118,800.00 BHS Marketing, LLC Algona, WA 300 ton $402.75 $120,825.00 Mosaic-Fishhawk Lithia, FL 300 ton $358.00 $107,400.00 Univar Kent, WA 300 ton $483.16 $144,948.00 Pencco, Inc.Sealy, TX 300 ton $375.00 $112,500.00 Vendor City/State Estimated Quantity Unit Unit Bid Total Cost Estimate SNF Polydyne, Inc.Riceboro GA 40 tons $596.00 $23,840.00 Vendor City/State Estimated Quantity Unit Unit Bid Total Cost Estimate Carus Belmont, NC 21,500 gallons $4.1216 $88,614.40 Brenntag Great Lakes LLc Wauwatosa, WI 21,500 gallons $4.647 $99,910.50 Shannon Chemical Exton,PA 21,500 gallons $3.97 $85,355.00 Group C - HFS Acid Group D - Polymer Group E - Blended Polyphosphate 80 of 476 For City Council meeting of November 28, 2016 A3.3 Business of the City by Motion: Funding Request for First Night Evanston For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager and Jennifer Lasik, Cultural Arts Coordinator Subject: Funding Request for First Night Evanston Date: November 18, 2016 Recommended action: Staff recommends that the City Council consider the request for funding in the amount of $5,000.00 by Emily Guthrie of First Night Evanston. Funding source: Economic Development Fund (Account 225.21.5300.65525). Livability Benefit: Education, Arts & Community: Incorporate arts and cultural resources, Promote a cohesive and connected community Background: Ms. Emily Guthrie met with City Manager Wally Bobkiewicz in September, seeking funding for First Night Evanston in the amount of $5000.00. The City provided a grant of $5,000 the past two years, and $10,000 in 2013. In addition to the above funding, last year the City provided at no charge the following services to First Night: •Public Works assistance with electricity and street closures •Evanston Police Department “Problem Solving Team” presence •Evanston Fire Department Presence •Removal of non-stickered cars from blocked streets (through our contracted towing company) •Planning assistance from Parks and Recreation personnel •Permit fee waivers The City anticipates providing similar assistance to First Night for their 2016 event. Memorandum 81 of 476 Discussion: The funding support from the City past three years assisted First Night with a successful fundraising campaign and a well-received event. Over 150 volunteers staff the venues. First Night gives out admission buttons to each volunteer. Additionally buttons are provided to several service agencies such as PEER Services, Center for Independent Futures, Housing Options, and Youth Job Center. Attachments: -Letter of Request from ED Emily Guthrie -Projected budget for 2016 82 of 476 83 of 476 84 of 476 2nd Quarter Financial Report For City Council meeting of November 28, 2016 Item A3.4 Business of the City by Motion: Third Quarter Financial Report for FY2016 For Action: Accept and Place on File To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Ashley King, Budget & Finance Manager CC: Wally Bobkiewicz, City Manager Subject: Third Quarter Financial Report for Fiscal Year 2016 Date: November 16, 2016 Recommended Action: Staff recommends City Council accept and place the Third Quarter Financial Report for FY 2016 on file. Livability Benefits: Innovation & Process: Support local government best practices and processes. Summary: The City ended the third quarter of the 2016 fiscal year in stable financial condition. Through September 30, 2016, there is a General Fund surplus (year to date net of revenues and expenses) of approximately $5.2M. The City’s financial performance is the result of above anticipated revenues (78.5%) and expenditures being at budgeted levels (74%). Attached are summaries of the City’s funds for the third quarter of FY 2016. In reviewing these reports, please note the following: •A majority of the revenues are recorded at the time they are actually received (permits, property taxes, fees, etc.), however, some revenues are recorded at the time of notification of the revenue being earned by the City (sales, income, telecommunications taxes, etc). •State revenue sources are delayed by one to three months based on the revenue source in question. •State revenue source estimates for the end of the year are currently unpredictable due to the State of Illinois’ continued lack of a budget. •While some revenues are received on a monthly basis, other revenues are received less uniformly throughout the year. An example is property taxes, which Memorandum 85 of 476 are billed bi-annually and then distributed by the County as payments are received. This disbursal method contrasts with other revenue sources such as sales taxes, which are collected by the State and distributed on a monthly basis. • Operating expenses are incurred on a uniform basis for items such as payroll, utilities, fuel, etc., and on an as needed basis for supplies, equipment and specific outsourced services. General Fund Revenues: General Fund revenues through the September 30, 2016 were $88.1M or 78.5% of budget. Although this is significantly higher than the 2015 Revenue during the third quarter ($67.9M), it includes the Police and Fire pension tax levy. In 2015, these property tax levy amounts went straight into the pension funds; the new GASB standard has required that they come into the General Fund and then are transferred. The second quarter performance of major General Fund revenue sources is summarized below: • Through September 30, 2016 property tax revenue was $27.0M or 99% of budget. This is slightly higher than the 97% received through the third quarter of 2015. • State income tax was recorded in the amount of $6,201,425 through September 30, 2016, achieving 81% of the budget target for this revenue item. State income tax is typically received in arrears by one or two months. • Regular sales tax revenue through third quarter FY 2016 was $7,392,617 or 69% of budget. Home rule sales tax revenue through third quarter FY 2016 was $4,538,007 or 70% of budget. Staff anticipates that December sales tax revenues will bring year-end totals for these items closer to budget targets. These revenues are in line with the revenues received by these items at this time last year. This year is the first full year of additional taxes from the opening of Valli Produce and Whole Foods. • Real estate transfer tax through September 30, 2016 totaled $2,371,076 achieving 79% of the budget target for this item. Actual revenues are slightly lower than 2015 collections ($2.5M). End of year, 2015 received $3.5M. Staff currently estimates receiving approximately $3M by the end of 2016. • Through September 30, 2016, licenses, permits, and fees were approximately 85% of budget. Building permit revenue was $6.4M or 85% of budget. The City’s Building Permit revenue budget for 2016 is $7.9M. This includes a portion of the building permit for the Northwestern University Lakefront Athletic Complex building permit which was received in the second quarter. General Fund Expenditures: Through September 30, 2016, General Fund expenditures were $82,784,202 or 74% of budget. Although this is significantly higher than the 2015 expenses during the third quarter ($66M), it includes the transfer of property taxes to the Police and Fire Pension Funds. These transfers are recorded within the police and fire line items in the General Fund. It is important to note, for the General Fund, many expenditures / disbursements are not made evenly throughout the year. For example: 86 of 476 • Seasonal employee wages in Parks, Recreation and Community Services are typically charged during the summer months. • Police Department assigns additional patrol details during the summer months. • While the previous winter was relatively mild, certain overtime wages in Public Works for services such as snow/ice removal may occur during the months of November and December. • The City will have three and a half pay periods in December 2016, and one payroll is approximately $2.8 million. Given the current surplus level as of September 30, staff is still estimating a surplus of revenues over expenditures of at least $1.5 million. • Final 2016 expense estimates will be very close to budget. Enterprise Funds: Revenues and expenses for the Parking, Water, and Sewer Funds were all below the 75% budget target through September 30, 2016. Revenues in the Solid Waste Fund were 71% of budget and expenses are running at 70% percent of budget, yielding and operating surplus for the year of $82,489. Similar to the General Fund, many enterprise fund revenues and expenses / disbursements do not occur evenly throughout the fiscal year. For example, the majority of enterprise fund capital project expenses are incurred throughout the summer months and billed with a lag. Staff will continue to monitor and report on the performance of City enterprise fund revenues and expenditures throughout FY 2016. Year-end Estimates: Current trends indicate that the City will end 2016 in sound financial condition, in large part due to the receipt of multiple large permits which will exceed budgeted amounts by $1.5M. The City ended 2015 with less cash than the City’s internal policy recommends. Ending 2016 with a surplus will bring the City closer to compliance with the minimum reserve policy. Per the specific recommendations from Moodys and Fitch Ratings Agencies, the City needs to demonstrate stable cash reserves in operating funds. This will also be helpful when dealing with the uncertainty facing the State of Illinois for 2017. Attachments Attachment 1: September 30, 2016 Monthly Financial Report Attachment 2: General Fund Cash and Fund Balance Chart Attachment 3: September 30, 2016 Investment Update 87 of 476 To: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager/Chief Financial Officer From: Ashley King, Finance Division Manager Subject: September 2016 Monthly Financial Report Date: November 4, 2016 Please find attached the unaudited financial statements as of September 30, 2016. A summary by fund for revenues, expenditures, fund and cash balances is as follows: YTD Revenues YTD Expenses YTD Net Fund Balance Cash Balance 88,063,846 82,784,748 5,279,097 15,983,933 9,442,294 663,595 642,351 21,244 21,244 56,650 860,815 592,136 268,679 781,918 783,768 1,000,000 375,000 625,000 625,000 625,000 6,393,503 4,790,659 1,602,844 1,756,715 2,277,293 61,586 73,574 (11,989) (11,989) 150,226 1,415,956 1,798,283 (382,327) 1,448,066 1,305,703 653,850 1,002,708 (348,859) 202,860 28,325 321,194 242,250 78,944 (111,600) (111,600) 813,213 899,241 (86,028) (26,146) (26,145) 78,770 137,377 (58,607) 99,758 153,282 1,826,149 1,679,547 146,601 2,702,583 2,369,902 0 169,915 169,915 187,693 146,790 40,903 45,673 95,673 234,517 155,684 78,833 1,072,713 1,035,992 1,040,978 83,277 957,701 994,365 843,912 4,727,840 3,102,166 1,625,674 8,068,104 8,147,023 287,860 17,250 270,610 796,039 796,039 1,235,304 2,385,491 (1,150,186) 130,929 192,000 638,163 397,884 240,279 211,658 213,926 9,435 28,181 (18,747) 423,516 431,838 580,000 612,972 (32,972) 279,098 279,098 20,653,553 4,236,780 16,416,774 19,012,890 10,035,869 221,813 221,813 221,813 221,813 14,206,703 4,387,323 9,819,380 15,336,421 16,061,794 659,584 278,039 381,545 3,064,326 3,060,789 8,320,838 5,533,079 2,787,759 13,565,633 13,113,893 25,705,352 23,485,187 2,220,165 11,443,368 8,323,248 10,625,477 9,284,954 1,340,523 5,353,331 3,234,833 3,681,938 3,599,449 82,489 (1,146,068) (1,663,660) 2,550,264 2,020,936 529,328 894,788 223,673 1,122,843 58,670 1,064,173 2,341,862 1,946,791 12,363,450 13,021,199 (657,749) (1,022,245) 1,763,705 TOTAL 211,206,082 167,853,187 43,352,895 104,730,471 85,582,864 Fund Fund Description 100 GENERAL FUND 185 LIBRARY FUND 195 NEIGHBORHOOD STABILIZATION 176 HEALTH AND HUMAN SERVICES 175 GENERAL ASSISTANCE FUND 180 GOOD NEIGHBOR FUND 200 MOTOR FUEL TAX FUND 205 EMERGENCY TELEPHONE (E911) 210 SPECIAL SERVICE AREA (SSA) #4 215 CDBG FUND 220 CDBG LOAN 225 ECONOMIC DEVELOPMENT FUND 250 AFFORDABLE HOUSING FUND 186 LIBRARY DEBT SERVICE FUND 235 NEIGHBORHOOD IMPROVEMENT 240 HOME FUND 330 HOWARD-RIDGE TIF FUND 300 WASHINGTON NATIONAL TIF 305 SPECIAL SERVICE AREA (SSA) #5 310 HOWARD-HARTREY TIF 320 DEBT SERVICE FUND 350 SSA #6 335 WEST EVANSTON TIF FUND 345 CHICAGO-MAIN TIF 505 PARKING SYSTEM FUND 510 WATER FUND 415 CAPITAL IMPROVEMENTS FUND 420 SPECIAL ASSESSMENT FUND 601 EQUIPMENT REPLACEMENT FUND 605 INSURANCE FUND 515 SEWER FUND 520 SOLID WASTE FUND 600 FLEET SERVICES FUND NOTE: Negative Cash Balances (as seen above in the CDBG, SSA 4, & Solid Waste Fund) reflect internal account balances and not external bank balances, due to transaction timing at month end. Also note that monthly fund balance is calculated as ending 2015 audited fund balance + YTD Net without other balance sheet adjustments. Memorandum 88 of 476 Included above are the ending balances as of September 30, 2016 for both unreserved fund and cash balances. Of these two amounts, cash balance is the more meaningful metric since this represents liquid cash and/or invested assets which can be used (or easily sold) to support and fund current operations. While ending fund balance is also an important measurement of the City’s financial health, it usually includes illiquid assets or future cash receipts or disbursements such as receivables (including property tax) due to the City and accounts payable/accrued expenses. As of September 30, 2016, the General Fund is reporting a net surplus of $5,279,097. The attached supplemental charts show the General Fund Revenues at 78.5% of budget and expenses lower at 74%. The September target is 75%. General Fund revenues include the $2.9 million permit from Northwestern as well as pension property taxes. General Fund Expenses are just above budget year-to-date due to the pension payments being totally paid for the year as of September 30, 2016. The net surplus is anticipated to be mitigated by the 3 payrolls in December. Through September 30, 2016, the SSA #4 Fund is showing a negative cash balance of $111,600 due to the timing of payments to the Downtown Evanston group and receipt of property taxes. Through September 30, 2016, the CDBG Fund is showing a negative cash balance of $26,145 which will be reimbursed from August draw-downs. Through September 30, 2016, the Economic Development Fund is showing a fund balance of $2,702,583 and a cash balance of $2,369,902. Special Service Area #5 received 2016 property taxes in error for the first installment. This is due to the first property tax installment always being 55% of the previous year’s tax amount. This money will be refunded to the County during the second installment billing. The fund will then officially close. Through September 30, 2016, the enterprise funds (Parking, Water, and Sewer) have balances above average. As construction season continues, the balances in all three of these funds will be reduced. Through September 30, 2016, the Solid Waste Fund has a negative fund balance of $1,022,245 and a negative cash balance of $1,663,660. Through September 30, 2016, the Insurance Fund is showing a negative fund balance of $1,022,245 with a cash balance of $1,763,705. If there are any questions on the attached report, please contact me by phone at (847) 859-7884 or by email: aking@cityofevanston.org. Detailed fund summary reports can be found at the following link: http://www.cityofevanston.org/city-budget/financial- reports/. 89 of 476 90 of 476 Fund 100 - GENERAL FUND 2016 Budget Sept Actual YTD Actual % 2015 Actual 27,417,407 301,397 27,021,032 99% 25,915,970 45,986,550 3,426,087 31,933,910 69% 44,978,985 5,329,777 149,970 2,477,747 46% 5,324,137 9,276,550 409,276 10,006,627 108% 6,704,846 125,700 197 44,301 35% 155,619 4,609,825 305,475 2,539,279 55% 3,548,230 640,000 - 6,695 1% 640,000 5,374,751 252,574 4,855,666 90% 5,406,379 2,433,216 238,283 1,884,333 77% 2,239,528 8,842,365 847,527 6,017,462 68% 7,836,484 765,727 79,991 556,145 73% 670,245 1,286,843 138,182 701,441 55% 894,703 50,000 3,238 19,209 38% 6,572 112,138,711 6,152,197 88,063,846 78.5% 104,321,698 424,958 30,232 309,187 73% 419,962 263,203 23,863 214,722 82% 283,764 6,989,746 484,786 4,432,151 63% 1,814,469 1,130,000 88,745 748,204 66% 1,051,325 9,634,173 858,397 6,345,539 66% 9,763,951 2,782,897 214,725 1,804,294 65% 2,425,618 37,696,278 2,250,013 29,229,268 78% 37,239,961 22,601,742 1,353,764 18,427,747 82% 21,331,507 3,610,779 239,748 2,269,622 63% 3,212,848 11,845,590 1,106,074 8,906,137 75% 11,180,116 14,861,248 1,192,496 10,097,330 68% - 111,840,614 7,842,843 82,784,202 74.0% 88,723,520 112,138,711 6,152,197 88,063,846 64% 104,321,698 111,840,614 7,842,843 82,784,202 60% 88,723,520 298,097 (1,690,646) 5,279,643 1,771% 15,598,178 Fund 100 - GENERAL FUND Net Gain 40 - PUBLIC WORKS AGENCY EXPENSE TOTAL Fund 100 - GENERAL FUND Totals REVENUE TOTALS EXPENSE TOTALS 19 - ADMINISTRATIVE SERVICES 21 - COMMUNITY DEVELOPMENT 22 - POLICE 23 - FIRE MGMT & SUPPORT 24 - HEALTH 30 - PARKS, REC. AND COMMUNITY Interest Income REVENUE TOTAL 13 - CITY COUNCIL 14 - CITY CLERK 15 - CITY MANAGER'S OFFICE 17 - LAW Parking Charges for Services Parks and Recreation Charges for Services Other Charges for Services Interfund Transfers Intergovernmental Revenue Other Revenue Property Taxes Other Taxes License Permit Fee Fines and Forfeitures FINANCIAL REPORT Through 09/30/16 Enterprise Funds Classification 91 of 476 Fund 505 - PARKING SYSTEM FUND 2016 Budget Sept Actual YTD Actual % 2015 Actual - 150 3,150 +++ 150 6,379,675 597,376 5,217,522 82 6,010,558 65,000 - 168,500 259 - 3,711,770 309,314 2,783,826 75 2,925,296 12,125 - - 0 - 119,216 11,594 126,237 106 153,545 35,070 3,432 21,603 62 18,260 10,322,856 921,867 8,320,838 9,107,809 23,000 443 16,898 73 29,187 1,160,688 78,785 787,850 68 966,953 113,349 7,651 75,204 66 (33,034) 3,022,411 239,853 2,182,170 72 2,616,554 278,864 33,382 160,486 58 243,068 3,474,000 6,238 542,224 16 128,726 507,900 42,154 372,014 73 478,187 2,873,395 - - 0 2,846,227 11,000 991 4,403 40 6,951 3,917,652 - 199,979 5 503,423 252,000 47,162 214,015 85 23,687 1,303,783 108,649 977,837 75 923,092 16,938,042 565,307 5,533,079 8,733,020 10,322,856 921,867 8,320,838 81% 9,107,809 16,938,042 565,307 5,533,079 33% 8,733,020 (6,615,186) 356,559 2,787,759 (42%) 374,789 EXPENSE TOTALS Fund 505 - PARKING SYSTEM Miscellaneous Interfund Transfers EXPENSE TOTAL Fund 505 - PARKING SYSTEM FUND REVENUE TOTALS Supplies Capital Outlay Insurance and Other Chargebacks Depreciation Expense Contingencies Debt Service Interest Income REVENUE TOTAL Employee Pay Benefits Pensions Services Permit Parking Charges for Services Parks and Recreation Charges for Services Interfund Transfers Intergovernmental Revenue Other Revenue FINANCIAL REPORT Through 09/30/16 Enterprise Funds Classification 92 of 476 Fund 510 - WATER FUND 2016 Budget Sept Actual YTD Actual % 2015 Actual 70,000 6,513 71,716 102% 105,483 15,133,000 2,793,973 13,667,214 90% 15,141,770 39,000 4,214 34,136 88% 40,911 126,000 140 134,470 107% 125,545 - 950,000 7,947,244 2,354,582 22,348,400 3,763,382 3,839,371 17% 350,065 1,600 1,712 11,201 700% 3,448 37,718,000 7,519,934 25,705,352 68% 18,121,804 210,465 16,921 136,112 65% 157,679 3,888,603 298,582 2,807,030 72% 3,884,943 360,355 30,297 280,583 78% (114,870) 4,763,760 414,840 1,359,383 29% 1,250,874 1,392,190 106,048 640,887 46% 1,048,119 24,776,106 972,018 6,478,847 26% 105 1,114,195 91,313 823,645 74% 1,131,508 - - - 2,096,633 1,000 - 658 66% 933 1,053,288 - 373,518 35% 432,628 62,980 - 10,543 17% (286,678) 3,502,313 1,241,859 10,573,979 302% 3,692,565 41,125,255 3,171,879 23,485,187 57% 13,294,439 37,718,000 7,519,934 25,705,352 18,121,804 41,125,255 3,171,879 23,485,187 13,294,439 (3,407,255) 4,348,055 2,220,165 4,827,365 EXPENSE TOTALS Fund 510 - WATER FUND Net Gain (Loss) Miscellaneous Interfund Transfers EXPENSE TOTAL Fund 510 - WATER FUND Totals REVENUE TOTALS Supplies Capital Outlay Insurance and Other Chargebacks Depreciation Expense Contingencies Debt Service Interest Income REVENUE TOTAL Employee Pay Benefits Pensions Services Fee Water Charges for Services Sewer Charges for Services Other Charges for Services Interfund Transfers Other Revenue FINANCIAL REPORT Through 09/30/16 Enterprise Funds Classification 93 of 476 Fund 515 - SEWER FUND 2016 Budget Sept Actual YTD Actual % 2015 Actual 12,869,000 1,128,943 10,046,032 78% 12,491,290 19,650 21,579 21,579 110% 19,650 984,165 - 554,863 56% 2,962 1,000 183 3,003 300% 2,706 13,873,815 1,150,705 10,625,477 77% 12,516,607 57,040 3,126 28,063 49% 60,837 881,327 60,214 627,087 71% 858,361 86,092 6,108 61,243 71% (27,099) 903,500 14,025 247,929 27% 90,109 92,300 4,579 28,580 31% 18,817 3,048,314 - 723,144 24% 13,609 414,439 33,886 306,258 74% 412,461 - - - 3,443,723 9,222,913 1,859,821 6,677,246 72% 1,550,407 1,500 - 5,000 333% 3,306 773,876 64,489 580,405 75% 735,235 15,481,301 2,046,248 9,284,954 60% 7,159,766 13,873,815 1,150,705 10,625,477 77% 12,516,607 15,481,301 2,046,248 9,284,954 60% 7,159,766 (1,607,486) (895,543) 1,340,523 (83%) 5,356,842 Fund 515 - SEWER FUND Totals REVENUE TOTALS EXPENSE TOTALS Fund 515 - SEWER FUND Net Gain Depreciation Expense Debt Service Miscellaneous Interfund Transfers EXPENSE TOTAL Benefits Pensions Services Supplies Capital Outlay Insurance and Other Chargebacks Sewer Charges for Services Other Charges for Services Other Revenue Interest Income REVENUE TOTAL Employee Pay FINANCIAL REPORT Through 09/30/16 Enterprise Funds Classification 94 of 476 Fund 520 - SOLID WASTE FUND 2016 Budget Sept Actual YTD Actual % 2015 Actual 275,000 43,470 125,404 46% 213,490 3,632,394 306,709 2,678,099 74% 3,561,584 1,055,967 87,997 791,975 75% 1,055,967 238,000 24,434 86,459 36% 228,469 5,201,361 462,610 3,681,938 71% 5,059,510 25,000 2,805 31,178 125% 41,358 649,690 50,526 449,781 69% 574,692 63,718 5,089 45,886 72% (15,981) 3,679,126 462,693 2,535,908 69% 3,644,097 53,050 8,021 44,557 84% 73,788 25,750 - 2,664 10% 24,738 129,690 11,805 101,478 78% 249,232 - - 1,144 68,419 15,000 - 12,232 82% - 499,493 41,624 374,620 75% 490,106 5,140,517 582,564 3,599,449 70% 5,150,448 5,201,361 462,610 3,681,938 71% 5,059,510 5,140,517 582,564 3,599,449 70% 5,150,448 60,844 (119,954) 82,489 136% (90,938) REVENUE TOTALS EXPENSE TOTALS Fund 520 - SOLID WASTE FUND Net Gain Debt Service Miscellaneous Interfund Transfers EXPENSE TOTAL Fund 520 - SOLID WASTE FUND Totals Benefits Pensions Services Supplies Capital Outlay Insurance and Other Chargebacks License Other Charges for Services Interfund Transfers Other Revenue REVENUE TOTAL Employee Pay FINANCIAL REPORT Through 09/30/16 Enterprise Funds Classification 95 of 476 Attachment 2 Jan Feb Mar Apr May Jun Jul Aug Sept 2015 Unreserved Fund Balance 17,350,271 17,704,926 21,823,492 21,070,998 20,159,923 19,573,881 13,460,405 13,534,424 16,970,318 2016 Unreserved Fund Balance 11,859,782 14,097,256 17,193,730 16,597,583 18,375,173 21,225,995 15,790,000 17,674,579 15,983,833 2015 Cash Balance 5,232,590 6,567,371 10,786,783 8,666,475 8,237,917 7,501,885 6,692,927 9,614,255 5,925,461 2016 Cash Balance 3,656,830 2,587,845 8,182,090 7,808,208 7,101,333 12,919,440 10,046,315 10,473,240 9,442,294 2015 v 2016 Fund and Cash Balance-- General Fund - 5,000,000 10,000,000 15,000,000 20,000,000 25,000,000 Jan Feb Mar Apr May Jun Jul Aug Sept 2015 Unreserved Fund Balance 2016 Unreserved Fund Balance 2015 Cash Balance 2016 Cash Balance 96 of 476 Memorandum To: Wally Bobkiewicz, City Manager From: Martin Lyons, Asst. City Manager/CFO Subject: FY2016 – 3rd Quarter - Cash and Investment Report Date: November 16, 2016 Attached please find the Cash and Investment report as of September 30, 2016. A comparison between the 2016 third quarter investment report and 2015 third quarter indicates an increase in combined cash & investments of $13,940,331, from $71,642,533 to $85,582,864. Cash and investment changes from the previous period are summarized below: 9/30/2015 9/30/2016 Change Cash 33,307,231 44,784,035 11,476,804 Investments 38,335,302 40,798,829 2,463,527 TOTAL 71,642,533 85,582,864 13,940,331 While individual cash balances vary as noted on the attached table, this stability in overall non-pension cash reserves will help the City respond to potential changes in the State Budget Crisis. As of September 30, 2016, ledger balances showing the highest percentage of total deposits was held by First Bank and Trust at $43.7M or 51.1% of the total, PMA Financial at approximately 26.1M, or 30.5%, followed by U.S. Bank at $13.2M or 15.4%. The increase in the total Cash and Investments was due to receipt of $14 million proceeds from bond issuance at the end of September. A portion of this money has been allocated from First Bank and Trust to other institutions during October to be in compliance with the City’s investment policy to ensure no financial institution should have greater than 50% of the city’s total deposits. If you have any questions on this report or would like to discuss in greater detail, please contact me by phone at (847) 448.8082 or by e-mail at mlyons@cityofevanston.org. 97 of 476 City of Evanston Cash & Investment Summary by Fund September 30, 2016 Fund #Fund Cash Investments Interfund Total 100 General 1,142,777 8,113,724 185,793 9,442,294 175 General Assistance 768,962 14,805 - 783,768 176 Health and Human Services 56,650 - - 56,650 180 Good Neighbor 625,000 - - 625,000 185 Library 2,277,293 - - 2,277,293 186 Library Debt Service 843,912 - - 843,912 195 Neighborhood Stabilization 150,226 - - 150,226 200 MFT - 1,488,120 (182,417) 1,305,703 205 E911 - 647,680 (619,355) 28,325 210 SSD4 - - (111,600) (111,600) 215 CDBG - - (26,145) (26,145) 220 CD Loan 153,282 - - 153,282 225 Economic Dev.1,976,666 393,236 - 2,369,902 235 Neighborhood Improvement 169,915 - - 169,915 240 Home 99,049 - (3,377) 95,673 250 Affordable Housing 671,396 364,596 - 1,035,992 300 Washington National TIF 3,350,824 4,796,198 - 8,147,023 305 SSD5 796,039 - - 796,039 310 Howard Hartrey - 786,586 (594,586) 192,000 320 Debt Service 3,497,218 6,538,651 - 10,035,869 330 Howard Ridge 70,478 143,448 - 213,926 335 West Evanston - 518,685 (86,847) 431,838 345 Chicago Main-TIF 279,098 - - 279,098 350 Special Service Area (SSA) #6 221,813 - - 221,813 415 Capital Improvements 13,460,285 2,601,509 - 16,061,794 420 Special Assessment 2,835,889 224,901 - 3,060,789 505 Parking 4,301,970 8,811,923 - 13,113,893 510 Water 2,973,481 5,349,767 - 8,323,248 515 Sewer 3,229,835 4,998 - 3,234,833 520 Solid Waste - - (1,663,660) (1,663,660) 600 Fleet 223,673 - - 223,673 601 Equipment Replacement 1,946,791 - - 1,946,791 605 Insurance 1,763,705 - - 1,763,705 47,886,228 40,798,829 (3,102,193) 85,582,864 Includes negative cash balance reclassed to interfund liability.* * * ** ** * 98 of 476 City of Evanston Cash & Investments Bank Investment Investment Fiscal YTD Investment Description Type Bank Rate Est. Income Amount Fund #Fund IL Funds MMA US Bank 0.404 24,585 8,113,724 100 General IL Funds MMA US Bank 0.404 45 14,805 175 General Assistance IL Funds MMA US Bank 0.404 4,509 1,488,120 200 MFT IL Funds MMA US Bank 0.404 1,962 647,680 205 E911 IL Funds MMA US Bank 0.404 1,192 393,236 225 Economic Development IL Funds MMA US Bank 0.404 1,105 364,596 250 Affordable Housing IL Funds MMA US Bank 0.404 0 121 300 Washington National IL Funds MMA US Bank 0.404 991 327,056 310 HH TIF IL Funds MMA US Bank 0.404 423 139,494 330 Howard Ridge TIF IL Funds MMA US Bank 0.404 30 10,000 335 West Evanston TIF IL Funds MMA US Bank 0.404 3,671 1,211,480 415 Capital Improvements IL Funds MMA US Bank 0.404 662 218,598 420 Special Assessment IL Funds MMA US Bank 0.404 192 63,394 505 Parking IL Funds MMA US Bank 0.404 482 159,180 510 Water IL Funds MMA US Bank 0.404 15 4,998 515 Sewer US BANK Total 39,864 13,156,481 Money Market Fund MMA IMET 0.420 433 137,491 300 Washington National Money Market Fund MMA IMET 0.420 335 106,397 310 Howard Hartrey TIF Money Market Fund MMA IMET 0.420 81 25,778 320 Debt Service Money Market Fund MMA IMET 0.420 12 3,954 330 Howard Ridge TIF Money Market Fund MMA IMET 0.420 46 14,498 335 West Evanston TIF Money Market Fund MMA IMET 0.420 1,225 389,020 415 Capital Improvements Money Market Fund MMA IMET 0.420 2,269 720,365 420 Special Assessment Money Market Fund MMA IMET 0.420 20 6,303 505 Parking Money Market Fund MMA IMET 0.420 564 178,925 510 Water IMET Total 4,985.60 1,582,731 Money Market Fund MMA PMA 0.400 13,976 4,658,587 300 Washington National Money Market Fund MMA PMA 0.400 1,059 353,133 310 HH TIF Money Market Fund MMA PMA 0.400 19,539 6,512,873 320 Debt Service Money Market Fund MMA PMA 0.400 1,483 494,187 335 West Evanston TIF Money Market Fund MMA PMA 0.400 3,003 1,001,009 415 Capital Improvements Money Market Fund MMA PMA 0.400 24,084 8,028,164 505 Parking Money Market Fund MMA PMA 0.400 15,035 5,011,663 510 Water PMA Total 78,179 26,059,616 Grand Total 123,029 40,798,829 September 30, 2016 99 of 476 Cash Total Chase 1st Bank Cash 1,142,777 121,462 1,021,315 100 General Cash 768,962 768,962 175 General Assistance Cash 56,650 56,650 176 Health and Human Services Cash 625,000 625,000 180 Good Neighbor Cash 2,277,293 2,277,293 185 Library Cash 843,912 843,912 186 Library Debt Service Cash 150,226 150,226 195 Neighbrhd Stablztn Cash 0 0 205 E911 Cash 0 0 210 SSD 4 Cash 0 0 215 CDBG Cash 153,282 153,282 220 CD Loan Cash 1,976,666 1,976,666 225 Economic Dev. Cash 169,915 169,915 235 Neighbrhd Improvemt Cash 99,049 99,049 240 Home Cash 671,396 671,396 250 Affordable Housing Cash 3,350,824 3,350,824 300 Washington National TIF Cash 796,039 796,039 305 SSD5 Cash 0 0 310 Howard Hartrey Cash 3,497,218 3,497,218 320 Debt Cash 70,478 70,478 330 Howard Ridge Cash 0 0 335 West Evanston Cash 279,098 279,098 345 Chicago-Main TIF Cash 221,813 221,813 350 Special Service Area (SSA) #6 Cash 13,460,285 13,460,285 415 Capital Improvements Cash 2,835,889 2,835,889 420 Special Assess Cash 4,301,970 4,301,970 505 Parking Cash 2,973,481 2,973,481 510 Water Cash 3,229,835 969,264 2,260,571 515 Sewer Cash 0 0 520 Solid Waste Cash 223,673 223,673 600 Fleet Cash 1,946,791 1,946,791 601 Equipment Replacemt Cash 1,763,705 1,763,705 605 Insurance 47,886,228 1,090,726 46,795,503 47,886,228 (3,102,193) 44,784,036 85,582,864 CASH / INVESTMENT Investments Cash Total GENERAL LEDGER Amount %Amount %Amount % 1ST Bank 43,693,310 97.56%43,693,310 51.05% Chase 1,090,726 2.44%1,090,726 1.27% PMA 26,059,616 63.87%26,059,616 30.45% IMET 1,582,731 3.88%1,582,731 1.85% US Bank 13,156,481 32.25%13,156,481 15.37% Total 40,798,829 100.00% 44,784,036 100.00% 85,582,864 100.00% 100 of 476 For City Council meeting of November 28, 2016 Item A4 Resolution 72-R-16: FY 2017 Budget of the City of Evanston For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager/CFO Subject: Resolution 72-R-16: Fiscal Year 2017 Budget of the City of Evanston Date: November 23, 2015 Recommended Action: Staff recommends approval of Resolution 72-R-16 adopting the FY 2017 Budget of the City of Evanston, in the amount of $311,374,116. Livability Benefits: Education, Arts, and Community—will provide revenues for municipal operations Innovation and Process—support local government best practices and processes Summary: Staff recommends approval of the FY 2017 Budget for the City of Evanston, in the amount of $311,374,116. While the total budget shows a 2.3% increase over the 2016 Amended Budget, the 2017 Proposed Budget, net of internal transfers actually decreases from $251,558,775 to $246,855,504 or 1.9%. The annual budget is a policy document which sets the financial course for the City and defines the service priorities provided to the community. It is the culmination of months of effort by the City staff and public to balance available resources with the actual and desired services required by Evanston residents, businesses, and visitors. The FY 2017 Proposed Budget document was published on October 7, 2016. After publishing the document, the City Council held public meetings and a public hearing in order to determine priorities on the budget. A summary of the changes to the Proposed Budget which recommended for inclusion in the FY 2017 Adopted Budget are included below. A summary by fund is provided below which shows the originally presented Proposed Budget at $303,942,239 and the adjusted resolution amount of $311,374,116. Memorandum 101 of 476 Fund Fund #FY2017 Proposed Expenditures Changes during Budget Process 2017 Recommended Budget General 100 112,136,576 6,549,615 118,686,191 General Assistance 175 1,073,482 105,489 1,178,971 Human Services 176 859,153 859,153 Good Neighbor Fund 180 1,000,000 1,000,000 Library 185 7,250,345 7,250,345 Library - Debt Service 186 345,955 345,955 Library - Capital 187 3,774,500 3,774,500 Neighborhood Stabilization 195 98,376 520 98,896 Motor Fuel 200 2,248,990 2,248,990 Emergency Telephone 205 1,020,481 9,937 1,030,418 Special Service Area # 4 210 320,000 320,000 CDBG 215 2,274,494 7,484 2,281,978 CDBG Loan 220 293,000 293,000 Economic Development 225 2,606,664 2,606,664 Neighborhood Improvement 235 100,000 100,000 HOME 240 585,861 831 586,692 Affordable Housing Fund 250 1,658,493 48,759 1,707,252 Washington National TIF 300 10,540,636 10,540,636 Special Service Area # 5 305 - - Southwest II TIF 310 513,865 513,865 Southwest TIF 315 - - Debt Service 320 14,431,137 14,431,137 Howard-Ridge TIF 330 1,598,600 1,598,600 West Evanston TIF 335 40,000 40,000 Dempster-Dodge TIF 340 40,000 40,000 Chicago-Main TIF 345 60,000 60,000 Special Service Area #6 350 220,000 220,000 Capital Improvement 415 30,508,512 30,508,512 Special Assessment 420 513,427 513,427 Parking 505 13,964,585 560,167 14,524,752 Water 510 29,275,967 85,542 29,361,509 Sewer 515 14,588,431 18,626 14,607,057 Solid Waste 520 5,183,453 14,892 5,198,345 Fleet 600 3,699,985 19,252 3,719,237 Equipment Replacement 601 1,530,422 1,530,422 Insurance 605 19,064,849 10,763 19,075,612 Fire Pension 700 8,705,000 8,705,000 Police Pension 705 11,817,000 11,817,000 Total All Funds 303,942,239$ 7,431,877$ 311,374,116$ 2017 Recommended Change Summary 102 of 476 The General Fund has the most recommended changes which are summarized by department and revenue source below. The combined changes to revenues and expenditures result in only a minor change to the net budget surplus recommended for 2017, decreasing from $99,844 to $92,641. FY 2016 Amended Budget FY 2017 Baseline Budget FY 2017 Proposed Budget Changes During Process FY 2017 Recommended Budget Operating General Fund Revenues Property Taxes 27,417,407 27,417,407 28,417,407 28,417,407 Other Taxes 45,986,550 46,717,274 49,179,874 49,384,874 Other Revenue 1,286,843 1,980,550 2,080,550 2,080,550 Licenses, Permits and Fees 14,732,027 15,527,650 17,259,650 17,259,650 Charges for Services 8,447,967 9,010,612 9,010,612 9,010,612 Interfund Transfers 8,842,365 8,540,867 8,240,867 (152,450) 8,088,417 Fines and Forfeitures 4,609,825 3,810,000 3,810,000 (250,000) 3,560,000 Intergovernmental Revenue 765,727 619,965 839,965 87,357 927,322 Interest Income 50,000 50,000 50,000 50,000 - - Total General Fund Revenue $ 112,138,711 $ 113,674,325 $ 118,888,925 $ (315,093) $ 118,778,832 Operating General Fund Expenses 13 CITY COUNCIL 424,958 494,424 497,863 (415) 497,449 14 CITY CLERK 263,203 273,720 275,624 (928) 274,696 15 CITY MANAGER'S OFFICE 6,989,746 6,076,549 9,617,218 13,602 9,630,820 17 LAW 1,130,000 1,122,727 1,130,536 (3,511) 1,127,025 19 ADMINISTRATIVE SERVICES 9,634,173 9,506,358 9,772,483 (22,866) 9,749,617 21 COMMUNITY DEVELOPMENT 2,782,897 2,737,331 2,806,371 (8,371) 2,798,001 22 POLICE 37,696,278 37,103,382 38,217,726 (20,048) 38,197,678 23 FIRE MGMT & SUPPORT 22,601,742 23,071,599 24,274,925 (1,142) 24,273,783 24 HEALTH 3,610,779 3,517,623 3,567,091 (6,571) 3,560,520 26 PUBLIC WORKS - - - - 30 PARKS, REC. AND COMMUNITY SERV 11,845,590 12,134,502 12,418,907 (21,394) 12,397,513 40 PUBLIC WORKS AGENCY 14,861,248 16,098,360 16,210,337 (31,247) 16,179,090 Total General Fund Expense $ 111,840,614 $ 112,136,576 $ 118,789,081 $ (102,890) $ 118,686,191 NET SURPLUS 298,097$ 1,537,749$ 99,844$ (212,203)$ 92,641$ BEGINNING FUND BALANCE $ 12,368,294 $ 12,368,294 $ 12,368,294 ECONOMIC FUND BALANCE (2016 ESTIMATED ENDING) $ 2,784,682 $ 2,784,682 ENDING FUND BALANCE $ 13,906,043 $ 15,252,820 $ 15,245,617 RESERVE BALANCE PERCENTAGE 12.4% 12.8%12.8% MINIMUM RESERVE PER POLICY $ 18,689,429 $ 19,798,180 $ 19,781,032 RESERVE DEFICIT $ (4,783,386) $ (4,545,360) $ (4,535,415) 2017 Proposed General Fund Summary 103 of 476 CHANGES FROM OCTOBER 7, 2016 PROPOSED BUDGET General Fund In the initial draft, the General Fund proposed a $99,844 surplus after the Budget Balancing Worksheet items. The Recommended Budget proposes a surplus of $92,641. The changed items are highlighted in yellow in attachment B. Specifically: • The parking deck fee increase was originally proposed at $5. After looking at other municipal rates, Council proposed a $10 fee increase. • During Council deliberations, staff was directed to further investigate the meter hour standardization and return mid-year with a proposal that meets the needs of the local businesses. • Howard-Hartrey TIF: o Interfund transfer expenses were inadvertently budgeted in the Howard-Hartrey TIF in the Proposed 2017 Budget. This budget document included a transfer to the General Fund of $152,450. The TIF will be closing on December 31, 2016. There will be no 2017 transfers. o In 2017, the City will receive approximately 17% of the fund balance for this fund. This is because the fund balance will be distributed to all taxing bodies. The City accounts for approximately 17% of the overall tax rate. o This means that an estimated $87,357 will come to the City of Evanston according to our tax levy for 2015. o Of this amount, $25,000 will be distributed to Cradle to Career Programing. • The Proposed Budget was presented in early October. In order to finalize pension costs, the 2016 IMRF rate of 10.36% was carried over. In November, the City received the standard notification from IMRF of our 2017 rate which decreased our rate from 10.36% to 9.86%. This 0.5% is a savings of $127,890 to the General Fund. Howard-Hartrey TIF— The 2017 Proposed Budget included 2017 transfers. Since the TIF is scheduled to close at the end of 2016, this money cannot be spent in 2017. Instead, the City anticipates receiving approximately 17% of the fund balance or $87,357. This will be used to fund the additional $25,000 for Cradle to Career Programing. Capital Improvement Plan (CIP)— As included in the November 22 Budget Memos, there is a recommended change to the CIP that will not increase any funding requirements. During the most recent assessment , it was determined that the fog houses have deteriorated to the point that they are no longer safe to use for recreation programming unless some restoration work is completed. Approximately 25% of the Ecology Center’s annual revenue comes from year-round programs located at this site. No alternate location for this programming is available presently. 104 of 476 One alternative is to reallocate funding in the CIP by adding the Fog House Roof and Masonry project to the recommended 2017 CIP for $400,000 ($250,000 from 2016 GO Bonds and $150,000 from proposed 2017 GO Bonds). In order to fund this project, the following reductions are recommended: • Civic Center – Security Improvements is recommended to be reduced/deferred to 2018 by $325,000 ($250,000 from 2016 GO Bonds and $75,000 from 2017 GO Bonds). The remaining $175,000 allocated to Civic Center Security Improvements will be used for design with construction to begin in 2018. • Parks & Rec Contingency was reduced by $75,000 (from 2017 GO Bonds). The revised 2017 CIP is included as Attachment C. CHANGES FROM 2017 BASELINE BUDGET TO FINAL PROPOSED BUDGET Position Increases The total FTE Count for the City of Evanston will increase by 1 over 2016 levels. This proposed position is an Equity and Empowerment Coordinator. Revenue Increases As noted throughout the budget discussion, the 2017 Budget includes a 2.38% property tax increase. This $930,152 helps fund the $1.6 million pension obligation increase. 2016 Tax Levy The 2017 Proposed Budget includes a net increase of $930,152 to the City’s Levy. Of this, $100,000 is an increase to the General Assistance Fund. There are recommended increases in Police and Firefighter Pension Tax Levy and decreases in debt service and general operating levies, the chart below illustrates this net increase of $830,152. Of this amount, the Pension Funds and General Fund impact is an increase of $1.0 million. Net Property Tax Increase of $830,152:1,000,000 Debt Service Fund Tax Levy Decrease (169,848) Required Police/Firefighter Pension Tax Levy Increase 1,504,104 Required Police/Firefighter Pension Tax Levy Increase from new tax revenue (howard-Hartrey TIF closure)150,000 Proposed General Fund Operating Levy Decrease (654,104) Net Impact to the General Fund 830,152 105 of 476 Attachments: Attachment A—Resolution 72-R-16 Attachment B—FY 2017 Budget Balancing Worksheet Attachment C—Revised 2017 Capital Plan 106 of 476 Attachment A 11/28/2016 72-R-16 A RESOLUTION Approving the 2017 Fiscal year Budget of the City of Evanston WHEREAS, 65 ILCS 5/8-2-9.1 et seq. and Title 1, Chapter 8 of the City Code, 2012, as amended, require the City Manager to submit to the City Council a proposed budget for the ensuing fiscal year that presents a complete revenues and expenditures plan for each fund; and WHEREAS, in accordance with legal requirements, the City Manager submitted the proposed budget for the 2017 fiscal year to the City Council for its review and the required hearings on said budget were conducted and properly noticed to the public thereto; and WHEREAS, the City Council has reviewed the proposed budget, with a total expenditure amount of $311,374,116. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The foregoing recitals hereby found as fact and incorporated herein by reference. SECTION 2: That the City Council hereby adopts the City of Evanston’s 2017 fiscal year budget, with a total expenditure amount of $311,374,116, summarized in the document attached hereto as Exhibit A and incorporated herein by reference, and hereby directs the City Manager to implement said budget. 107 of 476 SECTION 3: That this Resolution 72-R-16 shall be in full force and effect from and after its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 108 of 476 EXHIBIT A City of Evanston – Fiscal Year 2017 Adopted Budget Summary Fund Fund #Recommended 2017 Budget General 100 118,686,191 General Assistance 175 1,178,971 Human Services 176 859,153 Good Neighbor Fund 180 1,000,000 Library 185 7,250,345 Library - 5ebt Service 186 345,955 Library - Capital 187 3,774,500 Neighborhood Stabilization 195 98,896 Motor Fuel 200 2,248,990 9mergency Telephone 205 1,030,418 Special Service Area # 4 210 320,000 C5BG 215 2,281,978 C5BG Loan 220 293,000 9conomic 5evelopment 225 2,606,664 Neighborhood Improvement 235 100,000 HOM9 240 586,692 Affordable Housing Fund 250 1,707,252 Washington National TIF 300 10,540,636 Special Service Area # 5 305 - Southwest II TIF 310 513,865 Southwest TIF 315 - 5ebt Service 320 14,431,137 Howard-Ridge TIF 330 1,598,600 West 9vanston TIF 335 40,000 5empster-5odge TIF 340 40,000 Chicago-Main TIF 345 60,000 Special Service Area #6 350 220,000 Capital Improvement 415 30,508,512 Special Assessment 420 513,427 Parking 505 14,524,752 Water 510 29,361,509 Sewer 515 14,607,057 Solid Waste 520 5,198,345 Fleet 600 3,719,237 9quipment Replacement 601 1,530,422 Insurance 605 19,075,612 Fire Pension 700 8,705,000 Police Pension 705 11,817,000 Total All Funds 311,374,116$ 109 of 476 Attachment B Proposed Revenue Adjustments Proposed Budget Recommended Budget Recurring revenue changes Increase parking deck fees with increase to General Fund 280,000 320,000 Meter Hour Standardization 290,000 - Increase water fund transfer - new customer (5es Plaines) 80,000 80,000 Net Property Tax Increase of $830,152: 1,000,000 1,000,000 5ecrease Howard-Hartrey Interfund Transfer to General Fund (152,450) Fund 1,612,600 1,612,600 TOTAL RECURRING REVENUE CHANGES $ 3,262,600 $ 2,860,150 One-time revenue changes Building Permit Revenues over $7.5M baseline 1,732,000 1,732,000 Howard-Hartrey TIF closure distribution 87,357 Fire 5epartment Grant for SCBA 220,000 220,000 TOTAL ONE-TIME REVENUE CHANGES $ 1,952,000 $ 2,039,357 TOTAL REVENUE CHANGES FOR 2017 BUDGET $ 5,214,600 $ 4,899,507 Proposed Expense Adjustments Recurring expense changes Increase 1 FT9 As 9quity & 9mpowerment Coordinator 110,000 110,000 Cradle To Career Programming (2017-2018 funding year) 25,000 25,000 Youth & Young Adult Operations-- 2017 increase toward 1,000 jobs 200,000 200,000 9mployee wage and benefit funding 780,000 780,000 Combination of Administrative Adjudication and Finance positions (100,263) (100,263) 9quipment Replacement Transfer (no additional vehicles) 50,000 50,000 Increased Transfer To Police / Fire Pension 1,654,104 1,654,104 5ecrease IMRF to be consistent with November 1st rate (127,890) Combination of 9conomic 5evelopment Fund into General Fund 1,756,664 1,756,664 TOTAL RECURRING EXPENSE CHANGES $ 4,475,505 $ 4,347,615 One-time expense changes Transfer to Capital Fund (one time revenues to capital) 1,732,000 1,732,000 Additional plan review services 50,000 50,000 Facilities maint. 9xpenses / 2017 levels 150,000 150,000 Cradle to Career Programing (from Howard-Hartrey TIF Closure 5istribution) 25,000 Fire 5epartment SCBA 9xpense 245,000 245,000 TOTAL ONE-TIME EXPENSE CHANGES $ 2,177,000 $ 2,202,000 TOTAL EXPENSE CHANGES FOR 2017 BUDGET 6,652,505$ 6,549,615$ CITY OF EVANSTON FY 2017 BUDGET REDUCTION WORKSHEET GENERAL FUND 110 of 476 TOTAL PROPOSED REVENUES (General Fund - baseline)113,674,325$ 113,879,325$ TOTAL PROPOSED EXPENDITURES (General Fund - baseline)112,136,576$ 112,136,576$ TOTAL PROPOSED SURPLUS (General Fund - baseline)1,537,749$ 1,537,749$ BBWS PROPOS95 R9V 9N U9 A 5JUSTM9NTS (detailed above)5,214,600$ 4,899,507$ BBWS PROPOS95 9XP 9NS9 A 5JUSTM9NTS (detailed above)6,652,505$ 6,549,615$ TOTAL REVISED PROPOSED REVENUES (General Fund)118,888,925$ 118,778,832$ TOTAL REVISED PROPOSED EXPENSES (General Fund)118,789,081$ 118,686,191$ PROPOSED 2017 BUDGET SURPLUS (DEFICIT)99,844$ 92,641$ OTHER FUNDS G9N9RAL ASSISTANC9 FUN5 Revenues Increase property tax levy for general assistance (0.25% of the City's levy) 100,000 100,000 9xpenses 100,000 100,000 AFFOR5ABL9 HOUSING FUN5 20,000 20,000 Hotel voucher program & senior bridge housing (expense increase) 27,500 27,500 PARKING FUN5 Additional 5ivvy Station (expense increase) 52,000 52,000 Increase in extended waranties for meters (expense increase) 200,000 200,000 Fund 280,000 280,000 OTH9R FUN 5S 9mployee wage and benefit funding (Water, Sewer, Parking, etc.) 213,705 213,705 TOTAL: All other fund revenue increases 100,000 100,000 TOTAL: All other fund expense increases 893,205 893,205 Additional rent assistance through General Assistance Fund (expense Affordable Housing initiatives: study around NU off-campus housing inventory and reuse (expense increase) 111 of 476 City of Evanston 2017 Proposed Capital Improvement Program FY 2016 GO Bond FY 2017 GO Bond Water Fund Sewer Fund IEPA Loan MFT Fund Federal Funds Other Funds/ Reserves TIF Funding Parking Fund TOTAL Funding Notes STREET RESURFACING, WATER MAIN AND SEWER Major Projects ERGB Construction Engr Phase III 150,000$ 150,000$ Sheridan Road/Chicago Avenue Const Engr Ph III 500,000$ 500,000$ Sheridan Road/Chicago Avenue, Grove to Isabella 2,585,000$ 235,000$ 1,920,000$ 3,200,000$ 750,000$ 250,000$ 8,940,000$ Main Street, Maple to Hinman Design Engr Ph I/II 150,000$ 150,000$ Main Street Commons/Corridor Design Engineering 175,000$ 175,000$ Howard Street Corridor, Dodge to Custer 300,000$ 300,000$ Chicago Ave Corridor Impr, Howard to Main 50,000$ 50,000$ Street Resurfacing SR - MFT - Hinman, Kedzie to Main 174,000$ 174,000$ SR - MFT - Wesley, Dempster to Grove 338,000$ 338,000$ SR - MFT - Grey, Foster to North End 73,000$ 73,000$ SR - MFT - Cowper, Grant to Colfax 99,000$ 99,000$ SR - MFT - Cowper, Colfax to Harrison 138,000$ 138,000$ SR - MFT - Livingston, Green Bay Rd to Broadway 138,000$ 138,000$ SR - MFT - Hartrey, Dobson to Grey 136,000$ 136,000$ SR - MFT - South, Asbury to Ridge 295,000$ 295,000$ SR - Garnet Street, CTA Viaduct to East Alley 300,000$ 300,000$ SR - CDBG - Dewey, South End to North End 210,000$ 210,000$ CDBG Water Main WM - 30" Downtown Feeder Main Rehabilitation 400,000$ 400,000$ WM - Howard, Dodge to Ashland 1,500,000$ 1,500,000$ WM - Grant, Cowper to Lawndale 230,000$ 580,000$ 810,000$ WM - Lee, Brown to Dewey 1,020,000$ 1,020,000$ WM - Lining Small Dia Mains on Private Easement 1,300,000$ 1,300,000$ WM - Inspection of Large Diameter Mains 650,000$ 650,000$ Sewer Rehabilitation Sewer - CIPP Rehabilitation 655,000$ 655,000$ Sewer - Emergency Sewer Repairs 75,000$ 75,000$ Sewer - Repairs on Street Improvements 100,000$ 100,000$ Sewer - Sewer Extension for Alley Improvements 150,000$ 150,000$ Sewer - Drainage Structure Lining 155,000$ 155,000$ Sewer - Stormwater Mgmt Improvements 100,000$ 100,000$ Sewer - Large Dia Rehab - Mulford St Ext Phase 2 600,000$ 600,000$ -$ TOTAL STREETS, SEWER, WATER MAIN PROJECTS 150,000$ 3,990,000$ 3,750,000$ 1,470,000$ 2,300,000$ 1,391,000$ 2,130,000$ 3,200,000$ 750,000$ 550,000$ 19,681,000$ Attachment C 112 of 476 City of Evanston 2017 Proposed Capital Improvement Program FY 2016 GO Bond FY 2017 GO Bond Water Fund Sewer Fund IEPA Loan MFT Fund Federal Funds Other Funds/ Reserves TIF Funding Parking Fund TOTAL Funding Notes OTHER TRANSPORTATION Major Projects Central Street Bridge Engr, Phase I 360,000$ 360,000$ $80k 2016GOB;$360k grant reimbursement Comprehensive Signs 150,000$ 150,000$ Parking Fund Bridge Inspection 30,000$ 30,000$ Safe Routes to School 25,000$ 15,000$ 40,000$ Streetlight Master Plan Study 150,000$ 150,000$ Traffic Signal Design - Emerson@ Maple/Elgin/Benson/Dodge 150,000$ 150,000$ PUD fees, Ord.45-O-07 Annual Projects -$ General Phase I Engineering 80,000$ 80,000$ Alley Paving -$ 250,000$ 280,000$ 286,000$ 816,000$ $250k funded by SSA, $36k from PUD, $150k new CDBG funds; $130k carryover CDBG funds Neighborhood Traffic Calming & Ped Safety 15,000$ 100,000$ 115,000$ Pavement Marking -$ 90,000$ 90,000$ Bike Infrastructure Improvements 35,000$ 50,000$ 85,000$ Sidewalk - 50/50 Replacement -$ 150,000$ 150,000$ Streetlight Purchase -$ 100,000$ 100,000$ Street Patching Program -$ 600,000$ 600,000$ Parking Lot Projects -$ PL - 2016 Parking Lot Engineering Svcs 25,000$ 25,000$ Parking Fund 2016 Carryover PL - Davis Street Permeable Parking Repl 9,758$ 90,000$ 99,758$ $90k Davis St deferral PL - Levy Center Lot 650,000$ 650,000$ PL - Parking Lot No. 22 (South Blvd & Sheridan Rd)350,000$ 350,000$ PL - Parking Lot No. 23 (Dempster & Elmwood)200,000$ 200,000$ PL - Parking Lot No. 39 (711 Hinman Ave)375,000$ 375,000$ PL - Parking Lot No. 45 (833 Forest Ave)200,000$ 200,000$ IDOT Reimbursements -$ IDOT Reimb - Sheridan Rd Signal Upgrade, Main to Burnham 77,090$ 77,090$ IDOT Reimb - Dempster Traffic Signals 66,384$ 66,384$ IDOT Reimb - Dodge Ave Bike Lane, Howard to Church 120,180$ 120,180$ 2016 GOB IDOT Reimb - Ladd Arboretum Bike Path 135,000$ 135,000$ 2015 GOB IDOT Reimb - ERGB 1,400,000$ 1,562,819$ 1,021,000$ 3,983,819$ 2016 GOB IDOT Reimb - LED Traffic Signals, Various Locations -$ IDOT Reimb - Dempster Parking Lanes -$ -$ TOTAL TRANSPORTATION PROJECTS 1,964,938$ 2,265,000$ 1,562,819$ 1,021,000$ -$ -$ 280,000$ 804,474$ -$ 1,300,000$ 9,198,231$ PARKS Church Street Harbor - South Pier Reconstruction 210,000$ 370,000$ 580,000$ Fountain Square Renovations - Engineering 180,000$ 180,000$ Washington-Natl TIF Fountain Square Renovations - Construction 4,740,000$ 4,740,000$ Washington-Natl TIF Lovelace Park - Pond Rehabilitation 100,000$ 100,000$ James Park - North Baseball Field 1,000,000$ 1,000,000$ Parks Contingency 75,000$ 75,000$ TOTAL PARKS PROJECTS 310,000$ 1,445,000$ -$ -$ -$ -$ -$ -$ 4,920,000$ -$ 6,675,000$ 113 of 476 City of Evanston 2017 Proposed Capital Improvement Program FY 2016 GO Bond FY 2017 GO Bond Water Fund Sewer Fund IEPA Loan MFT Fund Federal Funds Other Funds/ Reserves TIF Funding Parking Fund TOTAL Funding Notes FACILITIES Chandler - HVAC Improvements - Engr Design Svcs 75,000$ 75,000$ Chandler - Electrical Upgrades 65,000$ 335,000$ 400,000$ Chandler - Exterior Waterproofing 200,000$ 200,000$ Crown Center - Consulting Svcs (Planning and Design)600,000$ 900,000$ 1,500,000$ Ecology Center - Roofing / Clerestory / Masonry 80,000$ 80,000$ Ecology Center - Crawl Space Impr - Engr Design 50,000$ 50,000$ Fleetwood - HVAC and Electrical - Engr 29,000$ 29,000$ Fleetwood - HVAC and Electrical - Const 800,000$ 900,000$ 1,700,000$ Fleetwood - Restrooms 150,000$ 150,000$ Gibbs Morrison - Site Improvements - Engr 7,000$ 10,000$ 17,000$ $10k Sewer Fund Carryover Gibbs Morrison - Site Improvements - Const 163,000$ 50,000$ 190,000$ 403,000$ Levy Center - Solar Panel Installation 100,000$ 100,000$ Civic Center - Security Improvements -$ 175,000$ 175,000$ Civic Center - Boiler Replacement - Engr Design Svcs 100,000$ 100,000$ Fire Station 1,2,4 - Bunkroom Upgrades 30,000$ 30,000$ Sherman Avenue Garage - Coating Rehabilitation 150,000$ 150,000$ Sherman Avenue Garage - Elevator Cab Flooring 70,000$ 70,000$ Maple Street Garage - Pavement Striping and Traffic Coating 400,000$ 400,000$ Data Center Study 50,000$ 50,000$ Dempster Beach House Renovations 200,000$ 200,000$ Energy Efficiency Improvements 50,000$ 50,000$ 100,000$ Facilities Contingency 200,000$ 200,000$ Harley-Clarke Repairs 250,000$ 250,000$ Howard Street Theater 1,000,000$ 1,000,000$ Howard-Ridge TIF Generator Study 70,000$ 70,000$ Solar Panel Install 30,000$ 30,000$ Roofing Repairs - Miscellaneous Facilities 50,000$ 50,000$ Fog House Roof and Masonry 250,000$ 150,000$ 400,000$ -$ TOTAL FACILITIES PROJECTS 1,929,000$ 3,895,000$ -$ 200,000$ -$ -$ -$ 335,000$ 1,000,000$ 620,000$ 7,979,000$ MISCELLANEOUS Cameras - Parking Garages 300,000$ 300,000$ Cameras - Police 200,000$ 325,000$ 525,000$ $325k 2015GOB, $200k 2016GOB Network Switch Reliability 125,000$ 125,000$ Engineering transfer to General Fund 500,000$ Public Art - Neighborhood Public Art 75,000$ 75,000$ 150,000$ Public Art - Cultural Art Master Plan 50,000$ 50,000$ TOTAL MISCELLANEOUS PROJECTS 325,000$ 700,000$ -$ -$ -$ -$ -$ 325,000$ -$ 300,000$ 1,150,000$ 114 of 476 City of Evanston 2017 Proposed Capital Improvement Program FY 2016 GO Bond FY 2017 GO Bond Water Fund Sewer Fund IEPA Loan MFT Fund Federal Funds Other Funds/ Reserves TIF Funding Parking Fund TOTAL Funding Notes LIBRARY Main Library - Interior Renovations 2,500,000 2,500,000$ Library GOB Debt Main Library - Weatherproofing - Phases 2 & 3 250,000 250,000$ Library GOB Debt Main Library - Parking Garage Renovations 250,000 250,000$ Main Library - Generator 50,000 50,000$ Library GOB Debt North Branch - 2022 Central Street Improvements 150,000 150,000$ Library GOB Debt North Branch - Roof and Gutter Replacement 150,000 150,000$ Library GOB Debt North Branch - Exterior Improvements 249,500 249,500$ Library GOB Debt North Branch - Asbestos Remediation 75,000 75,000$ Library GOB Debt Robert Crown - New Library Branch 500,000 500,000$ Library GOB Debt TOTAL LIBRARY PROJECTS -$ -$ -$ -$ -$ -$ -$ 3,924,500$ -$ 250,000$ 4,174,500$ WATER TREATMENT, STORAGE AND BILLING Dist Sys - In-House Meter Replacement 20,000$ 20,000$ Dist Sys - Pressure Gauges at Fire Stations 20,000$ 20,000$ Dist Sys - Retail Water Meter Replacement Program 1,220,000$ 1,220,000$ Dist Sys - Water Main Corrosion Control in Various Locations 20,000$ 20,000$ North Standpipe - Fiber Optic From FS#5 120,000$ 120,000$ South Standpipe - Motor Control Center 300,000$ 300,000$ South Standpipe - Storage Building Repairs 75,000$ 75,000$ WTP - CMMS Software Implementation 170,000$ 170,000$ $150k carryover from 2016 WTP - Crack Repair of Low Lift Suction Tunnels 50,000$ 50,000$ WTP - Exterior Door Improvements 130,000$ 130,000$ WTP - Laboratory HVAC Replacement - Engr Svcs 90,000$ 90,000$ WTP - Reliability Improvements - Construction 1,100,000$ 1,100,000$ Carryover from 2016 funding WTP - Reliability Improvements - Engineering 170,000$ 170,000$ Carryover from 2016 funding WTP - SCADA System Upgrades 260,000$ 260,000$ WTP - Security Equipment 50,000$ 50,000$ WTP - Treated Water Storage Replacement - Construction 3,000,000$ 3,000,000$ WTP - Treated Water Storage Replacement - Engineering 920,000$ 920,000$ Carryover from 2016 funding WTP - Turbidimeter Replacement 25,000$ 25,000$ WTP - Upgrade Flushing Water Supply to Basins 1 & 2 40,000$ 40,000$ TOTAL WATER TREATMENT PROJECTS -$ -$ 2,590,000$ -$ 5,190,000$ -$ -$ -$ -$ -$ 7,780,000$ SUMMARY FY 2016 GO Bond FY 2017 GO Bond Water Fund Sewer Fund IEPA Loan MFT Fund Federal Funds Other Funds/ Reserves TIF Funding Parking Fund TOTAL Street Resurfacing, Water Main, Sewer Projects 150,000$ 3,990,000$ 3,750,000$ 1,470,000$ 2,300,000$ 1,391,000$ 2,130,000$ 3,200,000$ 750,000$ 550,000$ 19,681,000$ Other Transportation 1,964,938$ 2,265,000$ 1,562,819$ 1,021,000$ -$ -$ 280,000$ 804,474$ -$ 1,300,000$ 9,198,231$ Parks 310,000$ 1,445,000$ -$ -$ -$ -$ -$ -$ 4,920,000$ -$ 6,675,000$ Facilities 1,929,000$ 3,895,000$ -$ 200,000$ -$ -$ -$ 335,000$ 1,000,000$ 620,000$ 7,979,000$ Miscellaneous 325,000$ 700,000$ -$ -$ -$ -$ -$ 325,000$ -$ 300,000$ 1,650,000$ Library -$ -$ -$ -$ -$ -$ -$ 3,924,500$ -$ 250,000$ 4,174,500$ Water Treatment, Storage and Billing -$ -$ 2,590,000$ -$ 5,190,000$ -$ -$ -$ -$ -$ 7,780,000$ TOTAL 2017 CIP 4,678,938$ 12,295,000$ 7,902,819$ 2,691,000$ 7,490,000$ 1,391,000$ 2,410,000$ 8,588,974$ 6,670,000$ 3,020,000$ 57,137,731$ 115 of 476 For City Council Meeting of November 28, 2016 Item A5 Resolution 69-R-16: Noyes Studio Lease Renewal with Tenants For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Lawrence Hemingway, Director, Parks, Recreation & Community Services Karen Hawk, Assistant Director Community Services Subject: Resolution 69-R-16, Authorizing City Manager to Enter into Twelve Month Lease Agreements for Studio Spaces at the Noyes Cultural Arts Center Date: November 28, 2016 Recommended Action: Staff recommends City Council approval of Resolution 69-R-16 authorizing the City Manager to enter into thirty-one (31) renewal agreements for twelve (12) month lease term for the artist leases for studios at the Noyes Cultural Arts Center (NCAC). Funding Source: Revenues are deposited into the Noyes Cultural Arts Account 100.30.3710.53565. Livability Benefits: Education, Arts & Community: Incorporate arts and cultural resources Support social and cultural diversity Summary: The studio lease renewals are for a twelve (12) month term (01/01/2017-12/31/2017). There is a two percent (2%) rental rate increase from 2016 fees. Tenant Leased Spaces Monthly rate Annual Total Rent Tenant Specific Use of Premises Minimum Community Engagement Amount Actors Gymnasium Great Hall, 100, 108, A (storage) $6,266.43 $75,197.16 circus offering performing arts classes $11,279.57 Memorandum 116 of 476 Art Encounter 104 $586.65 $7,039.83 visual arts studio providing classes and workshops $1,055.97 Barbara Goldsmith B-10.A $433.21 $5,198.57 sculpting studio $779.78 Etc. Music 213 $1,116.13 $13,393.62 community music school $2,009.04 Evanston Children's Choir 107 $1,310.00 $11,790.00 children’s choir $1,768.50 Fay Kaiser 218 $342.52 $4,110.31 Singer and voice lesson studio $616.54 Jack and Elise Lerman 211 $1,039.58 $12,475.00 visual arts studio $1,871.25 Jennifer Presant 217 $496.32 $5,955.86 oil paint studio $893.37 Laura and Leslie Hirshfield B-6 $935.30 $11,223.71 visual cloisonné enameling studio $1,683.55 Maggie Weiss 221 $1,057.28 $12,687.37 textile and quilt making studio $1,903.10 Z. Malik 214 $342.24 $4,106.88 painting studio $616.03 Adriana Poterash 214 $301.92 $3,623.04 painting and sculpting $543.45 Mary Anne Brown B-10.B $548.74 $6,584.99 metalsmith and jewelry design studio $987.74 Naomi Sondak 224 $158.99 $1,907.97 painting studio $286.19 Piven Theatre Workshop 110, 105, 103, 102 $5,604.44 $67,253.29 theatre offering classes, workshops and performances $10,087.99 S. Ganch 215 $270.22 $3,242.74 visual arts studio $486.41 S. Oettinger 215 $540.44 $6,485.36 visual arts studio $972.80 J. Rea 215 $245.78 $2,949.47 visual arts studio $442.42 117 of 476 Sally Piepmeier 212 $352.43 $4,229.16 visual arts/writing studio $634.37 Sarah Kaiser 217 $496.32 $5,955.86 drawing, painting, printmaking and teaching studio $893.37 Bonny Katz 219 $335.07 $4,020.84 mosiac, painting and sculpting studio $603.12 Martha Yelenosky 222 $1,251.08 $15,012.97 piano studio $2,251.94 Patti Vick 216 $140.64 $1,687.77 painting studio $253.16 Monica Steinmetz Sageman 216 $140.63 $1,687.65 painting studio $253.14 Mudlark Theater Noyes Street Theater $3,060.00 $24,480.00 theater performances $3,672.00 Paul Brourman 109 $292.99 $3,515.94 painting studio $527.39 Maria De La Paz Gaitan 220 $299.70 $3,596.47 painting, drawing and digital design studio $539.47 Vacant B-1 $831.46 $9,977.55 1496.63 Christy Klug B-2 $945.82 $11,349.84 jeweler 1702.47 James Evansizer B-2.A $105.31 $1,263.78 visual arts studio 189.56 Genevieve Costello B-12 $341.01 $4,092.19 ceramic, sculpture studio 613.82 Eric Beauchamp B-13 $1,013.02 $12,156.24 woodworking 1823.43 Mudlark Theatre has a current lease for the Theatre at Noyes through May 31, 2017 and anticipates renewing that lease for the fall of 2017. Fleetwood-Jourdain Theatre uses the Theatre at Noyes in the summer months. Attachments: Resolution 69-R-16 118 of 476 10/25/2016 69-R-16 A RESOLUTION Authorizing the City Manager to Enter into Twelve Month Lease Agreements for Studio Spaces at the Noyes Cultural Arts Center BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: That 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 of Evanston, thirty-one (31) renewals of studio leases by and between the City and resident artists of the Noyes Cultural Arts Center. The list of the thirty-one (31) tenants of the Noyes Cultural Arts Center and corresponding lease terms is attached hereto and incorporated herein by reference as Exhibit A. The leases shall be in substantial conformity with the leases marked as Exhibit B (Master Studio Lease) attached hereto and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the leases as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 69-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 119 of 476 1-R-11 ~2~ Attest: ___________________________ Rodney Greene, City Clerk Adopted: __________________, 2016 120 of 476 1-R-11 ~3~ EXHIBIT A TENANT LIST Tenant Leased Spaces Monthly Rate Annual Total Rent Tenant Specific Use of Premises Minimum Community Engagement Amount Actors Gymnasium Great Hall, 100, 108, A (storage) $6,266.43 $75,197.16 circus offering performing arts classes $11,279.57 Art Encounter 104 $586.65 $7,039.83 visual arts studio providing classes and workshops $1,055.97 Barbara Goldsmith B-10.A $433.21 $5,198.57 sculpting studio $779.78 Etc. Music 213 $1,116.13 $13,393.62 community music school $2,009.04 Evanston Children's Choir 107 $1,310.00 $11,790.00 children’s choir $1,768.50 Fay Kaiser 218 $342.52 $4,110.31 Singer and voice lesson studio $616.54 Jack and Elise Lerman 211 $1,039.58 $12,475.00 visual arts studio $1,871.25 Jennifer Presant 217 $496.32 $5,955.86 oil paint studio $893.37 Laura and Leslie Hirshfield B-6 $935.30 $11,223.71 visual cloisonné enameling studio $1,683.55 Maggie Weiss 221 $1,057.28 $12,687.37 textile and quilt making studio $1,903.10 Z. Malik 214 $342.24 $4,106.88 painting studio $616.03 Adriana Poterash 214 $301.92 $3,623.04 painting and sculpting $543.45 121 of 476 1-R-11 ~4~ Mary Anne Brown B-10.B $548.74 $6,584.99 metalsmith and jewelry design studio $987.74 Naomi Sondak 224 $158.99 $1,907.97 painting studio $286.19 Piven Theatre Workshop 110, 105, 103, 102 $5,604.44 $67,253.29 theatre offering classes, workshops and performances $10,087.99 S. Ganch 215 $270.22 $3,242.74 visual arts studio $486.41 S. Oettinger 215 $540.44 $6,485.36 visual arts studio $972.80 J. Rea 215 $245.78 $2,949.47 visual arts studio $442.42 Sally Piepmeier 212 $352.43 $4,229.16 visual arts/writing studio $634.37 Sarah Kaiser 217 $496.32 $5,955.86 drawing, painting, printmaking and teaching studio $893.37 Bonny Katz 219 $335.07 $4,020.84 mosiac, painting and sculpting studio $603.12 Martha Yelenosky 222 $1,251.08 $15,012.97 piano studio $2,251.94 Patti Vick 216 $140.64 $1,687.77 painting studio $253.16 Monica Steinmetz Sageman 216 $140.63 $1,687.65 painting studio $253.14 Mudlark Theater Noyes Street Theater $3,060.00 $24,480.00 theater performances $3,672.00 Paul Brourman 109 $292.99 $3,515.94 painting studio $527.39 Maria De La Paz Gaitan 220 $299.70 $3,596.47 painting, drawing and digital design studio $539.47 Vacant B-1 $831.46 $9,977.55 1496.63 122 of 476 1-R-11 ~5~ Christy Klug B-2 $945.82 $11,349.84 jeweler 1702.47 James Evansizer B-2.A $105.31 $1,263.78 visual arts studio 189.56 Genevieve Costello B-12 $341.01 $4,092.19 ceramic, sculpture studio 613.82 Eric Beauchamp B-13 $1,013.02 $12,156.24 woodworking 1823.43 123 of 476 1-R-11 ~6~ EXHIBIT B MASTER STUDIO LEASE 124 of 476 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND [TENANT], TENANT 125 of 476 INDEX Section Title Page Number 1 SECTION 1. DESCRIPTION OF PREMISES ........................................................................... 2 SECTION 2. TERM ................................................................................................................... 2 SECTION 3. RENT .................................................................................................................... 2 SECTION 4. COMMON FACILITIES ........................................................................................ 3 SECTION 5. USE OF PREMISES ............................................................................................ 5 SECTION 6. SIGNS .................................................................................................................. 8 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ............................................................................................................ 8 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................. 8 SECTION 9. REPAIRS AND MAINTENANCE ......................................................................... 9 SECTION 10. UTILITIES .......................................................................................................... 10 SECTION 11. TAXES ............................................................................................................... 10 SECTION 12. INSURANCE ...................................................................................................... 10 SECTION 13. SUBLETTING; ASSIGNMENT .......................................................................... 11 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER ............................................. 11 SECTION 15. INDEMNIFICATION AND LIENS ....................................................................... 12 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS ................................. 12 SECTION 17. DEFAULT AND REMEDIES .............................................................................. 13 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION ................... 15 SECTION 19. REMOVAL OF OTHER LIENS .......................................................................... 15 SECTION 20. REMEDIES NOT EXCLUSIVE ........................................................................... 16 SECTION 21. EXPENSES OF ENFORCEMENT ..................................................................... 16 SECTION 22. EMINENT DOMAIN ............................................................................................ 16 SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION ............................. 17 SECTION 24. PEACEFUL ENJOYMENT ................................................................................. 17 SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS .................................... 17 SECTION 26. AMENDMENTS TO BE IN WRITING ................................................................. 17 SECTION 27. PARTIES BOUND .............................................................................................. 17 SECTION 28. NOTICES ........................................................................................................... 17 SECTION 29. MISCELLANEOUS ............................................................................................ 18 SECTION 30. VENUE AND JURISDICTION ............................................................................ 19 SECTION 31. FORCE MAJEURE ............................................................................................ 19 126 of 476 2 This Lease Agreement (the “Agreement” or “Lease”) shall take effect as of the date of execution of the Agreement by the City (the “Effective Date”). This Lease is by and between The City of Evanston, an Illinois home rule municipality and owner of subject Property (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, “Landlord”, and [TENANT], [TENANT DESCRIPTION] (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenants spaces [LEASED SPACES], located on the [LEASED SPACE LOCATION] floor of the property with a street address of 927 Noyes Street, Evanston, Illinois 60201 (the “Premises”), situated within the Landlord’s 3-story building located at the same common address and legally described on Exhibit A (the “Property”) and commonly known as the Noyes Cultural Arts Center (“NCAC”). The Property has various uses including artist workshops, resident young adult summer camp classes, art exhibits, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenants in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenants will have the non- exclusive right to use the Common Facilities, including the washrooms referenced above. SECTION 2. TERM The term of this Agreement will be for one year, January 1, 2017 – December 31, 2017 (the “Term”). Tenants must provide Landlord with 90 days’ notice to request a renewal of the Agreement for the Premises. Landlord, in its sole discretion, may decide that a Renewal Term is not necessary and in the best interests of the City. Renewal of the Agreement must be authorized by written consent of the Parties and must be authorized by the City Council. SECTION 3. RENT A. RATE: Tenants agree to pay Landlord an annual rental payment (the “Rent”) in accordance with the following schedule: 1. For the period of January 1st – December 31st (twelve months), the Rent rate is $[RENT RATE] per month, for total Rent of $[TOTAL RENT] for the twelve months. B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in accordance with said Section. C. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue, First Floor Evanston, IL 60201 127 of 476 3 D. PROPERTY FEES SCHEDULE: Attached as Exhibit B is a schedule of fees for all tenants of the Property, if applicable, including Tenant (“NCAC Property Fees”). To the extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be invoiced separately and shall be paid by the due date listed on the invoice. To the extent incurred by Tenants, the NCAC Property Fees are to be paid by Tenants regardless of the applicable rental rate specified in Section 3 [A]. Tenants acknowledges that they will reimburse the City for use of the Common Facilities (as specified on Exhibit B) after the standard business hours set by the City and the Association, which hours shall not be less than the following hours throughout the Term (including any Extended Term): 8:00 a.m. – 11:00 p.m. Monday – Friday; 8:30 a.m. – 11:00 p.m. on Saturday; and 10 a.m. – 6:00 p.m. on Sunday (the “Business Hours”). E. SURCHARGE: 1. Tenant acknowledges and agrees that all non-Evanston residents (individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be applicable to non-Evanston resident Sub-lessees if the Lessee (individuals only) is an Evanston resident. The 20% surcharge is applicable to a non-Evanston resident Sub- lessee only if and when the Sub-lessee assumes the remainder of the entire lease or a co-lease, or upon termination by Lessee or the Lessor. In order for an Organization to be exempt from incurring a 20% surcharge, its principal place of business must be in Evanston. Organizations must attach Articles of Incorporation to this Lease. 2. Monthly rental charges assessed to Sub-lessees will not be in excess of one-half the rent charged to Lessee by the Lessor. A written sublease agreement between the Lessee and Sub-lessee must be given to the Lessor covering the lease terms prior to Sub-lessee’s use of space. The sublease agreement must include the payment schedule and the dollar amount paid by Sub-lessee to Lessee. Community service obligations assessed to Sub-lessee are in addition to the full obligation assessed to Lessee. Therefore, the Community Engagement obligations assessed to Lessee will not decrease as a result of a sublease. SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenants acknowledge that they have leased the Premises for many years and receive the Premises, Common Facilities and remainder of the Property in as-is condition, and acknowledge that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its reasonable discretion or when required by applicable laws, perform, repair and maintain all of the following: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 128 of 476 4 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 48 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light bulbs, ballasts and tubes which are considered specialty lighting and related to performance activities. 9. Maintain the HVAC units in the Premises, the HVAC units are the property of the Landlord and shall remain in the Premises at the end of the Term. B. MAINTENANCE BY TENANTS: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to Section 4[A]; 2. All refuse from Premises to be placed in appropriate containers and Tenants cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. The Tenants will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenants will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenants shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours (as defined in Section 3[E]) at the Tenant’s request. 4. Tenants will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenants shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other NCAC tenant’s personal property or leased area attributable to Tenant’s negligence or intentional misconduct, subject to Section 12[E]. All such damage must be reported in writing to the Director of Parks, 129 of 476 5 Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenants. 5. Repairs by Tenants must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days (or unless such repairs cannot reasonably be completed within thirty (30) days, in which case, Tenant shall have such additional time as is reasonably required). If Tenants fail to make the necessary repairs by the date determined by the Lessor, the Landlord has the option to make the necessary repairs and Tenants agree to promptly pay for those repairs upon presentation of an invoice by the Landlord to the Tenant. Tenants are required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenants, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenants, the Tenants must provide a schedule for repair within one (1) business day after discovery by Tenants to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenants will use the Premises to operate a [TENANT SPECIFIC USE OF PREMISES], and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). If Tenants endeavors to apply for a liquor license for the Premises, the Landlord gives its written consent for said application to be submitted and reviewed by the City in conformance with the City Code procedures, as amended. The City agrees to cause such license to be granted if Tenants meets applicable requirements. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Tenant’s use of the Premises shall only be for the permitted use. Tenants shall have the right to conduct their business in the Premises during the Business Hours (as defined in Section 3[E]) of the Property. In addition, Tenants’ staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not have access to the interior Common Facilities after the Business Hours (as defined in Section 3[C]) of the Property. The Property will be closed on holidays/days as observed by the City of Evanston (but Tenants will still have access to the Premises). 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenants shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenants shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenants’ use of the Premises. The Landlord shall have the right to enter upon the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such 130 of 476 6 repairs, alterations, improvements or additions to the Premises or the NCAC, as the Landlord may deem necessary or desirable. Tenants will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenants, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at a Tenant’s request or if the repairs are necessitated by a Tenant’s actions, then the Tenants may not cease any rent for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If a Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenants’ property), and without in any manner affecting the obligations and covenants of this Lease. 3. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenants therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other facilities. The Landlord shall not be liable to the Tenants for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the Premises must be kept locked at all times except during the Business Hours (as defined in Section 3[E]). Tenants shall not open the door to anyone in the late hours. The door may not be propped open for any reason. During normal Business Hours (as defined in Section 3[E]) for the Property, patrons and users of the Property shall have access to the Common Facilities. Tenants shall not have use of Common Facilities after the Business Hours (as defined in Section 3[E]) unless Tenant pays the Facilities Fee (as specified in Exhibit B) for keeping the Property and the Common Facilities open. D. STORAGE OF INFLAMMABLE MATERIALS: Tenants agree that they will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises 131 of 476 7 without the written consent of the Landlord, provided that Tenants can maintain customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenants will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. GARBAGE DISPOSAL: The Tenants will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. G. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenants will observe and comply with all laws, ordinances and regulations of public authorities. Tenants acknowledge that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. H. OTHER MISUSE: Tenants will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenants or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. I. PARKING REGULATIONS: The NCAC has a total of fifty (50) parking spaces, consisting of thirty-five (35) permit spaces (including four [4] marked for compact cars) and twelve (12) metered spaces and three (3) handicapped spaces in the Property parking lot, which is Lot #51 and is immediately adjacent to the Premises (the “Property Parking Lot”). The Landlord acknowledges that it will not decrease the total number of parking spaces in the Property Parking Lot during the Lease Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the parking spaces. For the permit parking spaces, annual parking permit fees shall be in accordance with the schedule previously referenced as Exhibit B and be billed separately. Parking permit fees are not prorated and will change over the Term of the Lease at the discretion of the Landlord. All annual parking permits issued will be billed on a monthly basis and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof that the vehicle was sold by producing a bill of sale. Monthly and annual parking permits for the Property Parking Lot are authorized only for Leaseholders, Sub-Tenants, staff and/or students attending classes at Noyes on a regular basis and Landlord will not permit businesses (or other invitees) outside of the NCAC to get permits for the Property Parking Lot. Use of permits is on a first-come, first serve basis for spaces available in the Property Parking Lot. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by Tenants or their authorized designee(s), and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others using the NCAC, who are pre- 132 of 476 8 approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes or to attendees of performances. Tenants understand, and will inform their staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Landlord will maintain the current parking lot serving the Property as a parking lot throughout the term of this Lease. SECTION 6. SIGNS Tenants may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenants. Tenants acknowledge that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenants agree to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenants shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenants must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenants for any damage or injury to Tenants or Tenants’ property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenants. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenants will continue to use them for the operation of its business to the extent practicable 133 of 476 9 B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Property. Repairs will include any improvements made by Landlord or by Tenants with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 9. REPAIRS AND MAINTENANCE Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenants shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of the water, gas or electric fixtures. 134 of 476 10 Tenants will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 10. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenants with respect to the Premises or the Property during the Term of this Agreement and Tenants’ occupancy of the Premises. SECTION 11. TAXES If applicable, Tenants will pay before delinquency all taxes levied on Tenants’ fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 12. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenants agree that they will, at their expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenants against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenants will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenants’ carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. Annually, Tenant shall provide copies of the insurance policy and all endorsements thereto to Landlord. Tenant shall send the policy to the Law Department on or before January 1st of every year this Lease is in effect. If the Tenant fails to comply with this requirement, that shall constitute a default by Tenant. C. TENANTS TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenants agree to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANTS TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenants agree to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least 90% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement, a policy of property insurance covering any peril generally included in the classification ISO Causes of Loss – Special Form (a “Special Form Policy”) and covering at least 80% of the full replacement cost of the Premises and Property (or Landlord may self-insure for such coverage). If permitted without additional charge, Landlord will cause to 135 of 476 11 be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy, regardless if the same is maintained by the City. F. TENANTS’ WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenants agree to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. H. TENANTS’ FAILURE TO INSURE: Should Tenants fail to keep in effect and pay for insurance as required by this section, the Landlord may terminate this Lease immediately. SECTION 13. SUBLETTING; ASSIGNMENT The Tenants shall be allowed to sublet a portion of the Premises to another entity or individual(s) (“Sub-Tenant”) for a period of eighty nine (89) days or less in conformance with the original use stated in Section 5[A] and Tenants do not need the Lessor’s consent. If the Tenants seek to sublet a portion of the Premises to a Sub-Tenant for a period of time ninety (90) days or more, then the Tenants must have the written consent of the Landlord and such consent shall not be unreasonably withheld. For all subleases, the Tenants shall obtain a certificate of insurance from the Sub-Tenant prior to commencement of the sublease, naming the City of Evanston as an additional insured for the period of occupancy. If Tenant, or any one or more of the Tenants, if there be more than one, shall make an assignment for the benefit of creditors, or shall file for bankruptcy protection, Landlord may terminate this Agreement, and in such event Tenant shall at once pay Landlord a sum of money equal to the entire amount of rent reserved by this Agreement for the then unexpired portion of the term hereby created less the reasonable rental value (as defined in Section 17[G] below) of the Premises as liquidated damages. At Landlord’s option, should Landlord consent to any assignment or sublease of the demised Premises, Tenant shall nevertheless remain liable for all terms and conditions of this Agreement until the expiration of the Agreement term stated above. SECTION 14. SURRENDER OF PREMISES; HOLDING OVER Tenants will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenants, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenants. On vacating, Tenants will leave the Premises clear of all rubbish and debris. If Tenants retain possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenants that 136 of 476 12 such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenants shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenants. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 15. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenants will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenants on the Premises. Tenant wills, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenants contest any lien so filed in good faith and pursues an active defense of said lien, Tenants shall not be in default of this paragraph. However, in the event of any final judgment against Tenants regarding such lien, Tenants agree to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenants fail to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenants either by a court of competent jurisdiction or by arbitration and Tenants still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenants on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenants. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenants shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, or (ii) any negligence or willful misconduct of Tenants, or their agents, employees or contractors. D. INDEMNIFICATION OF TENANTS. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenants, or its agents, employees or contractors, or by the breach of this Lease by Tenants, Landlord shall protect, defend, indemnify and save Tenants and their officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenants’ negligence, or willful misconduct or (ii) any negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS Tenants shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours (as defined in Section 3[E]) for the purpose of 137 of 476 13 examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenants do not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenants will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenants will not interfere with the same. SECTION 17. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenants subject to Tenants’ right to cure: 1. Tenants shall fail to pay any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after Rent is due; 2. Tenants shall fail to maintain the insurance coverage as set forth herein; 3. Tenants shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, any such failure, within fifteen (15) days after written notice to the Tenants of such failure; 4. Tenants shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants’ right to cure: 1. Terminate this Lease, in which event Tenants shall immediately surrender the Premises to Landlord, but if Tenants fail to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenants’ right of possession, as aforesaid, whether this Agreement be terminated or not, Tenants agree to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenants or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenants and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenants. Tenants agree to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 138 of 476 14 2. Landlord may recover from Tenants upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenants’ obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenants. The Landlord may terminate this Agreement if the Tenants remain in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenants, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANTS’ OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenants will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANTS’ DUTIES AT TENANTS’ COST: If in Landlord’s judgment any default by Tenants will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenants’ default and Tenants will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenants. F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenants as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenants and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenants, Landlord will be entitled to recover from Tenants, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenants in seeking either to enforce Tenants’ obligations under this Agreement or to satisfy a judgment for Tenants’ failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenants’ obligations under this Agreement. 139 of 476 15 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION A. NOYES CENTER TENANT’S ASSOCIATION: The Tenants acknowledge and agree that it has the right to be a member of the Noyes Center Tenant’s Association (the “Association”) formed by the tenants of the Property. The Association will provide advisory guidance and opinions to City staff on many issues, including, tenant responsibilities and duties with respect to the Property and its Common Area. The Association is structured to focus on certain tasks and advise the City on issues such as the following examples: (a) Provide answers to general questions about offerings by Noyes tenants and directions to studios; (b) Review requirements for community engagement of tenants as needed and make recommendations to the City for any additions or changes; (c) Review any subleases of tenantsof ninety (90) days duration or more; (d) Review proposed annual operating budget for Center and proposed rental increases; (e) Review annual and five year capital improvement program for Center and make recommendations to City on spending priorities; and (f) Together with the Evanston Arts Council, review applications of new tenants at Noyes and make recommendations to City on spending priorities. B. COMMUNITY ENGAGEMENT: Tenants will develop reasonable set programs (e.g. donated tickets for certain events, community theater events [including use of theater or other portions of the Premises by other not-for-profit organizations, and scholarships) to be a steward for the arts in the community. By [INSERT DATE], the Tenants will have an action plan developed to address its community engagement program and review its proposed program in consultation with the City Manager and the NCAC Association. If Tenants do not provide an action plan within the time period provided or provide the community engagement programs established between the parties, the Landlord shall send written notice of default, providing Tenants with 14 (fourteen) days to cure the default. The annual value of the Community Engagement provided by Tenants shall be not less than $[MINIMUM COMMUNITY ENGAGEMENT AMOUNT] for the period between [INSERT DATE]through [INSERT DATE] (“Minimum Community Engagement”). Any overage provided by Tenants above the Minimum Community Engagement level for either of the prior two (2) years can be applied as a credit to any deficiency for the current calendar year. If Tenants do not provide the Community Engagement by [INSERT DATE]as required and does not cure the default within 15 days of written notice, then Tenants shall pay Landlord a fee equal to 15% of the twelve month’s rent outlined Section 3[A] ($[INSERT 15% OF 12 MONTHS RENT]) less the value of the Community Engagement provided during the calendar year. SECTION 19. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenants and Tenants fail to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenants shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and attorney’s fees. If Tenants demonstrate to Landlord that Tenants are contesting the validity of said lien in good faith, then Landlord shall allow Tenants to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any amount advanced on behalf of Tenants shall be paid to Landlord by Tenants within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). 140 of 476 16 SECTION 20. REMEDIES NOT EXCLUSIVE The obligation of Tenants to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenants’ right to possession of the Premises. The Landlord may collect and receive any rent due from Tenants and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 21. EXPENSES OF ENFORCEMENT Tenants, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenants under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenants regarding this Agreement. Landlord, if Tenants are the prevailing party, shall pay upon demand all Tenants’ costs, charges and expenses, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenants’ fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 22. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenants will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. On completion of repairs, the fixed minimum monthly rental will be adjusted in proportion to the repaired area, and Tenants will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) and the remainder of the fixed minimum monthly rental shall be forever waived and forgiven by Landlord. 141 of 476 17 D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, except that Tenants can make a claim for the unamortized portion of the cost incurred by Tenants for the Premises Improvements. SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION Except as expressly set forth in Section 25, Tenants will not be released from its obligation should their possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenants will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 24. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenants, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 26. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenants. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenants. SECTION 27. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 28. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): 142 of 476 18 If to the City: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenants: [TENANT] 927 Noyes Street Evanston, IL 60201 Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenants are avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 29. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenants and their respective heirs, legal representatives, successors and assigns. D. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. 143 of 476 19 SECTION 30. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 31. FORCE MAJEURE Other than for Landlord’s and Tenantss obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section 31, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. 144 of 476 20 IN WITNESS WHEREOF, both of said Landlord and Tenants caused this Agreement to be executed as of the date signed by the Landlord. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Date: ____________________ Its: City Manager, Wally Bobkiewicz Tenant: [TENANT], [TENANT DESCRIPTION] By: _________________________________ Its: _________________________________ 145 of 476 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 5: THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: 146 of 476 22 COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE WEST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN:11-07-114-027-0000 147 of 476 EXHIBIT B NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 148 of 476 Exhibit BJanuary 1, 2017FY 2017FEEDESCRIPTIONA/C & AIR HANDLING UNITS$93.73 Monthly fee for studios ranging between 1-500 sq. ft. $125.66Monthly fee for studios ranging over 500 and up to 1,000 sq. ft. $156.56Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft. $186.43Monthly fee for studios over 2,000 sq. ft.KEYS$5.00First two (2) keys to all Leased spaces with a Lessor installed lock includedNOYES GALLERIES$50.00 Hourly rate for residents, 60201 & 60202$100.00Hourly rate for non-residentsPARKING - LOT #51$32.00 Monthly fee for each permit$352.00 Yearly fee for each permit, must be paid in full $30.00 Bundle Pack (6) Daily PermitsSTAFF & UTILITY FEE$66.00Additional Hourly rate for all users if Bldg. is occupied other than normal Bldg. hours.STUDIO #106*$20.00 Tenant rate/hourly for activities relative to lease $50.00Evanston Resident Rates, 60201 & 60202 $60.00Non-Resident Rates SQUARE FOOT $11.80BasementRATE$15.611st Floor$13.882nd Floor OBSERVED HOLIDAYS 2017• New Year's Day, Sunday January 1, 2017• New Year's Day Observed, Monday, January 2, 2017 • Dr. Martin Luther King, Jr.'s Birthday, Monday January 16, 2017• Memorial Day, Monday May 29, 2017• Fourth of July, Tuesday July 4, 2017• Labor Day, Monday, September 4, 2017• Wednesday, November 22, 2017, building closes at 3:00pm• Thanksgiving Day, Thursday, November 23, 2017• Friday After Thanksgiving, Friday, November 24, 2017 • Sunday December 24, 2017• Christmas Day, Monday December 25, 2017• Christmas Day Observed, Tuesday December 26, 2017• New Year's Eve, Sunday December 31, 2017 close at 3:00pm**• New Year's Day, Monday January 1, 2018 • New Year's Day Observed, Tuesday January 2, 2018 LESSEE: ______________DATE:___________ 149 of 476 For City Council meeting of November 28, 2016 Item A6 Ordinance 48-O-16, Lease of City Owned Property at 2222 Oakton For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager/CFO Johanna Leonard, Economic Development Division Manager Subject: Ordinance 48-O-16, Lease of City-Owned Property Located at 2222 Oakton Street to Smylie Brothers Brewing Company Date: November 21, 2016 Recommended Action: Staff recommends City Council approval of Ordinance 48-O-16, “Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC”. A two-thirds majority of City Council is required to adopt Ordinance 48-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses, Expand job opportunities, Develop workforce Summary: The Smylie Brothers Brewing Company seeks to expand brewing operations to 2222 Oakton Street. This location would be an additional location to their current Evanston location at 1615 Oak Avenue; it will enable the growing brewery to brew larger quantities of beer that would include canning of beers for larger distribution. In accordance with City Code, public notice of the City’s intent to lease the property was placed in the Evanston Review during the week of November 7, 2016 (publication date of November 10, 2016). Public notice of a lease greater than 20 years is required to be published at least once in a daily or weekly newspaper in general circulation in the City. The public notice must be published not less than 15 days and no more than 30 days prior to the date by which the City will consider the adoption of the ordinance for the sale of the property. For this notice, it was published 18 days prior to the consideration of the lease. Memorandum 150 of 476 In July 2015, the City Council approved moving forward with lease negotiations with Smylie Brothers after adoption of Resolution 70-R-15, “Authorizing the City Manager to Negotiate a Real Estate Contract for the Recycling Center for an Entertaining, Dining and/or Retail Use with Smylie Brothers Brewing Company, LLC”. After multiple months of due diligence and lease discussions, a draft lease has been developed. Under the attached lease, Smylie Brothers would lease the area east of the new property line (the north/south line created from the eastern edge of the entrance to the property). See attached site plan for further detail. The area defined as the brewery will be discussed in this memorandum as “the property”. The property is inclusive of the building, drive aisles to the north and west of the structure at 2222 Oakton Street. Major points of the lease include: • City would retain ownership of the property, and tenant would be responsible for rent, property taxes, and maintenance costs of the facility. The City would inspect annually to ensure the property is well-maintained. • The lease would be for 10 years and include two, five-year options for additional lease periods. Each lease extension option must be exercised by the tenant delivering to the City written notice of such election, not less than one hundred twenty (120) days prior to the expiration of the then current term. • Initial rent would be $12.50 per square foot which is $163,750 annually and $13,645.83 monthly (based on 13,100 square feet of building). For the first 18 months, after executing the lease, the tenant will have free rent to accommodate due diligence and construction. Within those 18 months, the first four months permits a due diligence period that will allow the tenant to further study the property and allow for the flexibility to exit the deal if it was determined the project was no longer feasible. • Following the completion of 18 months, the rent will be adjusted at the beginning of each year in an amount equal to the Consumer Price Index for that year (for both initial term and additional option years). • Subject to future City Council approval, the tenant would have the ability if to purchase the property at a later date. No rent paid prior to that time would be credited toward the purchase of the property; no investments made by the tenant to the property will be treated as credits toward a future purchase. The purchase price of the property would be based on the appraised value of the property at time of sale/purchase and approval and authorization by the City Council at that point in time. • Tenant is required to include kitchen operations in the new brewery to offer food options to patrons of the tap room at the new location. • The outdoor patio would be restricted to individuals 21 and over; individuals under 21 would need to be accompanied by an individual over 21 in order to occupy this outdoor space. Additionally the patio would be fenced in order to maintain boundaries for use of the space. • This lease does not contemplate or permit the use of adjacent park space use by Smylie Brothers. • In the lease under Section 27 “Hazardous Substances”, staff recommends the following language: 151 of 476 o “Tenant, contains certain representations by Landlord and waivers of claims by Tenant under Environmental Laws. “Tenant, for itself and its successors in interest, waives and releases Landlord from any and all past, present, and future claims and causes of action arising from or relating to the presence or alleged presence of Hazardous Substances in, on, under, about or emanating from the Property, including without limitation any claims for cost recovery, contribution, natural resources damages, property damage, consequential damages, personal or bodily injury (including death) or otherwise, under or on account of any violation, or arising under, Environmental Law.” The tenant has requested the following language, “waives and releases Landlord from any and all past, [and] present, and future claims” However, the environmental litigation pending against Nicor and ComEd (16-cv-05692) has not yet reached the discovery stage. It is therefore premature to adversely limit the City’s rights, and to eliminate future claims and causes of action. Removing the waiver of future claims is detrimental to the City’s interests. City Improvements to Adjacent Property: Improvements to the adjacent land that comprises a portion of the existing Recycling Center property and Evanston Animal Shelter represent opportunities to improve the utilization of City property in the area. If the lease is approved, staff will start the process to create a new metered public parking lot (James Park North) and improvements to the Evanston Animal Shelter. In total, this work would include the construction of a new public parking lot to support the need for parking for the tenant’s customers, users of James Park and the community gardens, and the Evanston Animal Shelter. The new lot (as depicted on the attached site plan) would be a metered lot and would include approximately 49 public parking spaces. The total cost for development of the parking lot is estimated to be approximately $850,000 (this includes a contingency of $40,000 in the estimate). Since additional parking would be created for the Animal Shelter, the parking that is currently reserved for Evanston Animal Shelter west of that building could be converted into an outdoor animal play yards for the Animal Shelter. The cost estimate to install the new dog runs is $40,000 (not inclusive of the $850,000 estimated for the parking lot). The proposed funding source for these improvements is the 2017 Bond Issuance. The revenue from the parking lot is estimated to be approximately $67,350 per year. This is calculated assuming 50 spaces at $.75/hr times 9 hours times 307 enforcement days and assumes only 65% occupancy. At current interest rates, $67,350 a year can provide debt service for up to approximately $950,000 in debt assuming a 20 year bond period. 152 of 476 Projections of Revenue for Smylie Brothers Project: The table below includes approximate estimates for new revenue for the proposed use at the Recycling Center. Additional Due Diligence on Smylie Brothers Brewing Company: In accordance with completing due diligence on the tenant, staff asked for the following: • Identification of, and copies of, all Illinois Secretary of State Cyberdrive corporate filings for any and all LLCs and corporations that the tenant is a shareholder, director, or officer of, as of November 1, 2016 date. • Summary of the status of all litigation that tenant is/was a party to, from 2010 to present. This includes any personal bankruptcy filings, in addition to any corporate entity(s) identified in item #1. • All Dun & Bradsheet Comprehensive Insight Plus Reports relative to any corporate entity that Smylie is a majority shareholder, director, or officer of. These items are attached to this memorandum for review. Additionally, the City completed a credit check and background check (identical to what is completed for a liquor license) on November 21, 2016 and found Michael Smylie to be in good standing. Background: In March 2015, the City engaged in a Request for Qualifications process. In July 2015, Smylie Brothers were selected as the entity to initiate negotiations with in order to re- purpose the City-owned property located at 2222 Oakton Street, the facility formally utilized as the Recycling Center. Since the closure of the property as a recycling facility, the property has served as storage for City equipment. This equipment has since been relocated to other facilities. Legislative History: The City Council approved Resolution 70-R-15, authorizing the City Manager to negotiate with Smylie Brothers at the July 13, 2015 (8-1) City Council meeting. Attachments: -Ordinance 48-O-16 with Lease and Plans -Smylie Brothers Response to RFQ from April 2015 -Due Diligence Materials from November 2016 Estimate of Potential Revenue for Smylie Brothers (First 5 Years) 2018 2019 2020 2021 2022 2023 2024 Rent [1] [2]27,292$ 166,206$ 169,530$ 172,921$ 176,379$ 179,907$ 183,505$ Property Taxes [3]10,480$ 10,480$ 10,690$ 10,690$ 10,690$ 10,903$ 10,903$ Liquor Tax [4]37,500$ 38,250$ 39,015$ 39,795$ 40,591$ 41,403$ 42,231$ Total 75,272$ 214,936$ 219,235$ 223,406$ 227,660$ 232,213$ 236,640$ [1] Assumes annual increase of 1.5%. [2] Assumes lease commences in mid 2018 after 18 month grace period. [3] City portion only of tax bill and assumes triennial reassessment . [4] Assumes 2% growth for liquor sales annually. 153 of 476 11/16/2016 48-O-16 AN ORDINANCE Authorizing the City Manager to Execute a Lease of City-Owned Real Property Located at 2222 Oakton Street with Smylie Brothers Draft and Package LLC WHEREAS, the City of Evanston owns certain real property located at 2222 Oakton Street, Evanston, Illinois 60202, which is improved with a single story 13,800 square foot building commonly known as the “Recycling Center” (the “Property”); and WHEREAS, the Property is no longer used as a recycling processing center and the City determined that it did not need the building for its operations any longer; WHEREAS, the City conducted a public process to solicit requests for qualifications (“RFQ”) to repurpose and redevelop the Property, formal proposals were submitted, and use that is the subject of this lease agreement is accepted as the best fit for the community and Property; and WHEREAS, Smylie Brothers Brewing Company, LLC, d/b/a “Smylie Brothers” operates a small scale brewing operation and restaurant in Evanston and Smylie Brothers seeks to expand its brewing production business with a separate larger space under the operation of a related and separate company, Smylie Brothers Draft and Package LLC; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 154 of 476 48-O-16 ~2~ SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended (the “City Code”), the City Manager is hereby authorized and directed to execute, on behalf of the City of Evanston, a lease agreement with an initial term of ten (10) years and two (2) five (5)-year options to renew the lease agreement, between the City of Evanston and Smylie Brothers Draft and Package LLC, as tenant. The Tenant is also granted the option to purchase the Property within 120 days of the expiration of the Primary Term (10 years). The Lease Agreement shall be in substantial conformity with the Lease Agreement attached hereto as Exhibit “1” and incorporated herein by reference. SECTION 3: Pursuant to City Code Subsection 1-17-4-2-(B)-3, Notice of Intent to Sell and Lease Certain Real Estate by Negotiation was published in the Evanston Review, a newspaper in general circulation in the City, on November 10, 2016. Said publication was neither less than fifteen (15) nor more than thirty (30) days before the date on which the City Council considered adoption of this ordinance authorizing the City Manager to negotiate the sale and lease of the Subject Property. SECTION 4: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City Code, 2012, as amended (the “City Code”), an affirmative vote of two-thirds (⅔) of the elected Aldermen is required to accept the recommendation of the City Manager on the lease agreement authorized herein. 155 of 476 48-O-16 ~3~ SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: 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 8: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Ayes: ______________ Nays: ______________ Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 156 of 476 48-O-16 ~4~ EXHIBIT 1 LEASE AGREEMENT 157 of 476 49817532v4 LEASE between Smylie Brothers Draft & Package LLC an Illinois limited liability company as Tenant and CITY OF EVANSTON An Illinois municipal corporation, as Landlord 2222 Oakton Street EVANSTON, ILLINOIS 60202 158 of 476 TABLE OF CONTENTS 1. PROPERTY .................................................................................................................................. 1 2. TERM ............................................................................................................................................. 1 3. RENT ............................................................................................................................................. 2 4. CONSTRUCTION ...................................................................................................................... 3 5. FIXTURES .................................................................................................................................... 4 6. USE OF PREMISES .................................................................................................................... 4 7. MAINTENANCE ........................................................................................................................ 5 8. PAYMENT OF TAXES ............................................................................................................. 6 9. DAMAGE AND DESTRUCTION ......................................................................................... 7 10. INSURANCE ................................................................................................................................ 8 11. INDEMNIFICATION ............................................................................................................... 9 12. EXERCISE OF EMINENT DOMAIN ................................................................................ 10 13. UTILITIES .................................................................................................................................. 11 14. COVENANTS AGAINST LIENS ......................................................................................... 11 15. ASSIGNMENT AND SUBLETTING .................................................................................. 12 16. NOTICES .................................................................................................................................... 12 17. RIGHT TO GO UPON PREMISES ..................................................................................... 12 18. DEFAULT ................................................................................................................................... 13 19. SIGNS .......................................................................................................................................... 14 20. REPRESENTATIONS AND WARRANTIES .................................................................... 14 21. HOLDING OVER; END OF TERM ................................................................................... 16 22. EXPENSES OF ENFORCEMENT ...................................................................................... 16 23. SUCCESSORS IN INTEREST ............................................................................................... 16 24. REMEDIES ARE CUMULATIVE ........................................................................................ 16 25. QUIET POSSESSION .............................................................................................................. 16 26. ALTERATION ........................................................................................................................... 17 27. HAZARDOUS SUBSTANCES ............................................................................................... 17 28. GENERAL CONDITIONS .................................................................................................... 18 29. SUBORDINATION .................................................................................................................. 20 159 of 476 1 L E A S E THIS LEASE AGREEMENT is made by and between CITY OF EVANSTON (“Landlord”), an Illinois municipal corporation and SMYLIE BROTHERS DRAFT & PACKAGE, LLC, an Illinois limited liability company d/b/a Smylie Bros. (“Tenant”). W I T N E S S E T H: 1. PROPERTY (a) Property. Landlord is the fee simple owner of certain real property at 2222 Oakton Street, Evanston, Illinois 60202, which is the former recycling processing center facility, legally described in Exhibit “A” attached hereto and incorporated herein (the “Property”). The Property has a total of approximately 33,580 square feet of land, improved with a 13,100 square foot one-story building (“Building”)Landlord does hereby lease the Premises to Tenant, for Tenant’s exclusive use and control, together with all appurtenances thereto, pursuant to the terms and conditions of this Lease. During this Lease Term, the Property and Building will be collectively referred to as “Premises”. (b) Parking. This Lease does include the use of seven (7) parking spaces for employees and one (1) ADA compliant parking space, all located on the northern side of the Premises which is part of the Rental Rate (“Premises Employee Parking”). Tenant and tenant’s employees may not utilize any on street parking spaces on Oakton Street. Landlord will install parking meters for the non- employee parking space, which are outlined on the Site Plan. The parking lot portion of the Premises will be included in the separate parcel from the building with the subsequent PIN Division, as more fully described in Section 8(e). 2. TERM (a) Primary Term. Subject to the provisions of this Lease, the “Primary Term” must be for 10 years (120 months) and must commence on the 1st day of _________, 2016 (“Commencement Date”) and must end at 11:59 p.m. on the _____ day of ____________, 2026, except as otherwise terminated as provided herein. (b) Inspection Period. The period beginning with the Commencement Date and ending at the later of (a) four (4) months after the Commencement Date or (b) the date on which Landlord delivers to Tenant the drawings of the Parking Lot described in Section 1(b) above and written notice of the boundaries of the PIN Division of the two parcels as described in Section 8(e) below plus sixty (60) days, must be considered a due diligence period for Tenant to inspect the Premises. During this period (the “Inspection Period”), Tenant, at its sole expense, may obtain an inspection of all buildings and related improvements located on the Property. In addition to Landlord’s Representations and Warranties set forth in Section 20 below, Landlord hereby gives Tenant the right to conduct any sampling or other invasive testing of the Building, foundation, concrete, water, soil, air or building improvements on or beneath the Property. Tenant must receive Landlord’s written consent prior to any soil testing, which consent shall not be unreasonably denied or delayed. The Parties recognize that, prior to the execution of this Lease, Tenant was given the opportunity to conduct inspection and testing of the concrete and foundation of the Building to preliminarily determine whether they were suitable for Tenant’s intended purpose, but that opportunity does not preclude Tenant from conducting additional testing during the Inspection Period. Tenant must 160 of 476 2 repair any damage done to the Property by any inspection during the Inspection Period. Tenant must insure that any party entering onto the Realty for purposes of inspection maintains commercially reasonable liability insurance naming Landlord as an additional insured. Tenant must indemnify, defend and hold Landlord harmless from and against any loss, cost, liability or expense Landlord may incur resulting from any such inspection. Tenant must have until the end of the Inspection Period to terminate this Lease by written notice to Landlord. If Tenant does not deliver a written notice to Landlord before the end of the Inspection Period terminating this Lease, then Tenant is deemed to have waived this inspection contingency and any right to object to the condition of the Premises. In no event must Landlord be required to cure any matter to which the Tenant objects relating to the condition of the Premises. (c) Extended Lease Terms. Provided Tenant is not otherwise in default beyond any applicable cure period, replaced or otherwise amended such that Tenant is still permitted to conduct the Permitted Use from the Premises, Tenant must have two (2) options (individually, a “Lease Extension Option”), for two (2) immediately successive periods of five (5) years each (each an “Extension Term”) upon the same terms, covenants and conditions as herein provided. Each Lease Extension Option must be exercised by Tenant delivering to Landlord written notice of such election, not less than one hundred twenty (120) days prior to the expiration of the then current term. The exercise by Tenant of any one Lease Extension Option must not be deemed to impose upon Tenant any duty or obligation to renew for any further period of time, and that the exercise of any Lease Extension Option must be effective only upon the giving of notice of extension in accordance with the foregoing provisions. The Primary Term together with any Extension Term(s) is referred to herein collectively as the “Term”. (d) Option to Purchase. (i) Option to Purchase. Tenant initially is a Tenant of the Property which is owned by Landlord. As such, Tenant's monthly payments are rental payments and will not be applied to the Purchase Price if Tenant exercises the option to purchase described herein. Tenant has an option to purchase the Building and the Property, so long as the Tenant is in compliance with the terms of this Agreement at the end of the Primary Term and at any time during any Extension Terms (the “Option to Purchase”). Tenant must submit written notification to Landlord that it intends to exercise the Option to Purchase within one hundred and twenty (120) days of expiration of the Primary Term. The provisions of this Lease relating to taking the Property “As Is” (§ 20(xiii)) and waiver of claims arising under Environmental Laws (§27(d)) shall be a condition of purchase and shall survive closing. (ii) Purchase Price. The purchase price of the Building will be a negotiated price between the Parties, with each Party relying on its own research and valuations, including appraisal(s) of the Building and Property. If the Parties cannot agree upon a purchase price, then: (a) each Party shall select its own appraiser; (b) the Parties’ appraisers shall select a third appraiser; (c) each of the three appraisers shall render an appraisal of the fair market value of the combined Building and Property; and (d) the purchase price will be the middle appraised fair market value. A closing will occur upon the Parties executing a purchase and sale contract (“Building and Property Purchase Agreement”) and the subsequent payment of the Purchase Price at a Closing. Tenant will not be given credit towards the purchase price for the rental payments made to Landlord. 161 of 476 3 (iii) Delinquencies. Should the Tenant have incurred delinquencies in paying rent with Landlord, the Tenant must payoff those delinquencies prior to any offer to exercise its Option to Purchase. (iv) No Obligation to Purchase. Tenant is under no obligation to purchase the Building and has the right to continue under the terms of this Agreement as Tenant/renter for the balance of the Term. However, if the Tenant fails to exercise the option at the conclusion of the Primary Term or any Extension Term, the Option to Purchase must expire. (v) Sale to Third Parties. If Landlord sells the Property to a third party which has no legal affiliation to the Tenant, as a condition of sale, the new purchaser agrees to be bound by the terms of this Agreement and must have no right to evict Tenant, to vary the terms of this Agreement or to terminate this Lease under any terms other than those contained herein. The third party must stand in the shoes of Landlord and must honor all obligations of Landlord and all rights of Tenant as provided for herein. (e) Should Tenant not exercise its Option to Purchase, then Tenant may remove from the Property any non-fixed improvements materials, equipment, mechanics, appliances, and machinery related to the operation of brewery, but must not include the removal of a HVAC unit. Prior to the removal, the Landlord must review the list of items subject to the removal to ensure that the list does not include any items which are affixed to the Property. 3. RENT (a) Fixed Minimum Rent. Commencing on the Commencement Date, and subject to the terms of this Lease, Tenant agrees to pay to Landlord for lease of the Premises: (i) Fixed Minimum Rent (herein so called) described below; and (ii) all other charges due from Tenant to Landlord hereunder as “Additional Rent” (herein so called). (i) Initial Fixed Minimum Rent. Commencing on the Commencement Date and continuing through the Primary Term, Tenant must pay to Landlord the sum of One Hundred Sixty-Three Thousand Seven Hundred Fifty and no/100 Dollars per annum in monthly installments of Thirteen Thousand Six Hundred Forty-Five and 83/100 Dollars ($13,645.83) ($12.50 per square foot per annum/13,100 sq. feet). The rent specified in this paragraph 3(a) (i) as adjusted pursuant to paragraph 3(a) (ii) below must be deemed “Fixed Minimum Rent” for purposes of this Lease. The Parties agree that, during the first eighteen months (18 months) following the Commencement Date the Fixed Minimum Rent will not be assessed. The first Rent payment will be due on the 1st day of the 19th month from the Commencement Date. (ii) Fixed Minimum Rent Adjustments. The Fixed Minimum Rent set forth in Section 3(a) (i) above must be adjusted at the beginning of each year during the Primary Term and during the Extension Term years, if applicable, in an amount equal to the Consumer Price Index for that year. In no event must adjustments be made based on Tenant’s improvement of the Property or expansion of the Building; to the extent Landlord relies on its own or third parties’ value assessments, the same must be based on the Building as it exists on the day before the Commencement Date. Expansion of the Building footprint, as outlined on the Site Plan (Exhibit B) will increase the Fixed Minimum Rent, which includes adding floor area within the Building or expanding the patio area on the exterior of the Property. If Tenant installs detached outdoor 162 of 476 4 storage on the Property, such as a digester, this will not increase the Fixed Minimum Rent. (iii) Late Fee and Interest. In the event any sums required hereunder to be paid are not received by Landlord on or before the date the same are due, then, Tenant must on demand pay, as additional rent, a service charge of Two Hundred Dollars ($200). In addition, interest must accrue on all past due sums at an annual rate equal to the lesser of six percent (6.0%) per month and the maximum legal rate. Such interest must also be deemed Additional Rent. (b) Time and Place of Payment. Tenant must pay to Landlord Fixed Minimum Rent in advance, in equal monthly installments, and without prior notice, setoff (unless otherwise expressly permitted herein) or demand, except as otherwise specifically provided herein, on or before the first (1 st) day of each calendar month during the Term hereof to: City of Evanston Attn: Administrative Services Dept., Finance Division 2100 Ridge Avenue, Room 4500 Evanston, IL 60201 4. CONSTRUCTION (a) Tenant Improvements. Tenant represents, covenants and agrees, at its sole cost and expense, that it must construct and develop, or cause to be constructed, in accordance with the provisions of this Lease and the City of Evanston Code of 2012, as amended, regulations, including but not limited to the Zoning and Building Code, the improvements to the Premises, in accordance with the Plans, hereinafter defined (herein “Tenant’s Work”). Landlord, at the Commencement Date, must deliver the Property and Building to Tenant in an “AS IS” condition, except as otherwise represented and warranted in Sections 20 and 27, and vacant. (b) Plans and Specifications. Landlord acknowledges and agrees that Tenant’s plans for leasehold improvements to the Premises, as set forth on Exhibit D, must be attached hereto and made a part hereof by this reference not later than the conclusion of the Inspection Period (“Plans”). Tenant must take the Plans through the building permit process as required by Code and Landlord does not approve said Plans by this Lease Agreement. Landlord represents and warrants to Tenant that Landlord will not withhold or condition any licenses, permits (including business licenses, building permits or occupancy permits) or other permissions or authorizations required for Tenant to operate in the Premises for any reason so long as Tenant’s Work is constructed in conformance with the Plans and City Code. Tenant must obtain, or cause to be obtained, in connection with, and prior to the commencement of, the construction of such improvements, builder’s risk insurance for the full estimated value of the proposed improvements and workers’ compensation insurance in amounts required by law as well as all applicable permits. (c) Tenant Construction Indemnification. Subject to Section 11(a), Tenant indemnifies, defends and holds Landlord and Landlord's shareholders, officers, directors, employees and agents harmless from and against any costs, claims, expenses (including, without limitation, reasonable attorney ’s fees) or liabilities resulting from any injury or death of any person or persons or any damage to property that arises from or relates to Tenant’s Work. This provision must expressly survive the termination or expiration of this Lease. 163 of 476 5 (d) Digester. This Lease does not permit Tenant to place a digester on adjacent City Property to the south of Subject Property. If Tenant seeks to locate a digester at a later date on any adjacent property, the parties will negotiate and if an agreement can be reached, the Lease will be modified in writing, subject to City Council approval. 5. FIXTURES AND EQUIPMENT All trade fixtures and equipment installed by Tenant in or on the Premises (including brewing equipment, furniture, kitchen equipment, satellite communication dish and equipment, registers, other equipment, shelving and signs) must remain the property of Tenant and Tenant may remove the same or any part thereof at any time prior to or at the expiration or earlier termination of this Lease. Tenant must repair at its own expense any damage to the Premises caused by the removal of said fixtures or equipment by Tenant. This provision must expressly survive the termination or expiration of this Lease. 6. USE OF PREMISES (a) Permitted Use. Tenant must have the right, subject to applicable Federal, State and local laws, including Environmental Laws (as hereafter defined) and the terms of this Lease, to use the Premises for the following purpose(s): to run a commercial brewery for production and distribution of beer, and selling beer and food in the Building and adjacent patio area, selling closed container beer in a retail setting, selling associated merchandise, and performance of business related functions to run the brewery (herein collectively “Permitted Use”). Tenant will be constructing a tap room, patio and full service kitchen. Tenant agrees that both spaces must include food service, which must include food that encompasses a meal (i.e. sandwiches, pizzas, etc.) that is available during all hours that the business is open to the public. Tenant warrants that it will ensure that customers do not exit the Building or patio area with open alcohol. (b) Liquor License. Tenant will apply for and maintain a valid liquor license with the State and City of Evanston. This Lease does not in any way bind the Liquor Control Review Board and cannot be construed that Tenant’s future application is granted. Tenant expects to apply for production volume at up to the maximum number of barrels per year for a business of the type Tenant intends to operate, to correspond with its State and Local Liquor License application. Nothing in this Lease must be intended to limit Tenant’s production or to modify Tenant’s rights under any Liquor License that Tenant obtains from the Liquor Control Review Board. (c) Patio Area. The Tenant intends to install a patio with an outdoor bar within the Property (the “Patio”). The restrictions contained herein may be supplemented or expanded by the Liquor Control Review Board: (i) The patio must be maintained by the installation of additional fencing or other structure(s) to demarcate the area utilized by the patio. (ii) The patio must include a clear point of entrance and exit to allow for the checking of identification cards to ensure patrons are over 21 years of age. 164 of 476 6 (iii) Patrons under 21 years of age are permitted to be present on the patio, but only if they are accompanied by a parent or guardian over 21 years old. (iv) Service to patrons of alcoholic beverages on the patio can only be from the outdoor bar. Patrons on the patio must be able to order from the full menu offered by tap room. (v) The Patio must not be open any time after 10:00 p.m.. (vi) Tenant’s Site Plan for the Patio will be attached as Exhibit E at the conclusion of the Inspection Period. The square footage area of the Patio must be no greater than the Site Plan as proposed in Exhibit E. The Patio Area may be subject to the PIN Division described in Section 8(e) and the City will amend the legal description provided in Exhibit A at a later date following the PIN Division. (vii) All maintenance and repairs necessary for the Patio area must be at the sole cost and expense of Tenant. (d) Tenant Exclusive Use of Premises. Landlord covenants and agrees that it has no rights to use, modify, alter or lease any portion of the Building or Property other than as expressly provided in this Lease. (e) No Continuous Operation. Provided Tenant is open for business for at least one (1) day to the general public for the Permitted Use provided herein, anything contained in this Lease, express or implied, to the contrary notwithstanding, Tenant must be under no duty or obligation, either express or implied to thereafter continuously conduct its business in the Premises and any such failure must not, in any way, be deemed an event of default under this Lease, nor must such a failure otherwise entitle Landlord to commence or to maintain any action, suit, or proceeding, whether at law or in equity, relating in any way to Tenant’s failure to continuously conduct its business in the Premises; provided, however that Tenant must otherwise perform and obey the other covenants and agreements contained in this Lease on the part of Tenant to be performed, including the payment of all Fixed Minimum Rent, Additional Rent and any other charges due hereunder. In the event Tenant has ceased operating its business for a continuous period of one hundred eighty (180) days, and the cessation is not the result conduct by Landlord, an act(s) of God, catastrophe, or damage to the Premises, Landlord must have the right, to be exercised by giving Tenant sixty (60) days written notice, to recapture the Premises. During the sixty (60) day period, Tenant may, at its option, resume business. If Tenant does not do so, Landlord may recapture the Premises, and, upon such recapture, this Lease must terminate and neither party must be further obligated hereunder, except to the extent any such obligation hereunder is expressly specified herein to survive the termination of this Lease. (f) Trucks. The following is a list of expectations and covenants that Tenant makes to Landlord regarding commercial trucks at the Property: (i) Tenant’s delivery and production trucks must use the eastern exit of the Premises as the truck entrance and exit point to the extent logistically feasible. If not feasible, Tenant and Landlord agree that Tenant can develop an alternative entrance and exit plan and provide Landlord with written notice of the same. In no event must the Parking Lot contemplated in Section 1(b), Exhibit C and 165 of 476 7 Section 8(e) interfere with Tenant’s enjoyment of the Premises during the Lease Term, including by way of example and not limitation ingress and egress of pedestrians, customer vehicles, and delivery and commercial vehicles associated with Tenant’s use of the Premises. (ii) Tenant agrees to instruct all trucks to exit and enter the Premises from the west, using Oakton Street to McCormick Boulevard to the extent logistically feasible. (iii) The daily delivery times must be between 9:00 a.m. and 6:00 p.m. 7. MAINTENANCE (a) Tenant accepts the Premises in as-is condition and acknowledges that the Landlord has made no representations to the condition or has made any repairs to same except as provided in this Lease except as otherwise represented and warranted by Landlord in Sections 20 and 27 below. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises, other than as provided herein, and all renovations will be at Tenant’s sole cost and expense. (b) Maintenance, Repair and Replacement Responsibilities of Tenant: (i) Tenant is responsible for all aspects of the Premises, including exterior and interior portions of the Premises, including but not limited to all structural and load bearing columns, roof, the HVAC system for the Building, interior sprinkler and fire safety system within the Building, the roof, windows and all soffits, and all structural and non-structural elements of the Building. Any major repairs or replacement work must be in consultation with the Landlord to ensure that the Building and Property are maintained in a sustainable and responsible manner. (ii) All refuse associated with Tenant’s use must be placed in appropriate containers for disposal. Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials. A refuse container for regular refuse will be located at the Property in reasonable proximity to the Building. Tenant will contract to have trash hauled from such container with reasonable frequency. (iii) Tenant is responsible for snow, ice removal and leaf removal and general upkeep of the exterior of the Building along the sidewalk and other carriage walks to and from the Building. The snow must be moved to a suitable area on the Premises and not into the Parking Lot described in Sections 1(b) and 8(e) or elsewhere to block the free flow of traffic. In no event must Tenant be responsible for any maintenance whatsoever beyond the Property, including by way of example and not limitation, the Parking Lot described in Sections 1(b) and 8(e) or any other parcels adjacent the Property. (iv) The Tenant will at all times maintain all of the Property in a clean, neat and orderly condition. The Tenant will not use the Property in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. (v) Tenant will maintain the eastern access entrance to the Property for solely truck traffic associated with the business operations. The eastern entrance cannot be accessed and is closed other than for pickup and deliveries. Tenant will ensure that its customers and employees 166 of 476 8 utilize the western entrance to the Property with appropriate signage or markings. (vi) Construct, maintain and repair the fence that will provide separation from the City of Evanston James Park facilities and patrons from this Property. (vii) Tenant must yield the Premises back to Landlord, upon the termination of this Lease, whether such termination must occur by expiration of the Term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by casualty and reasonable wear and tear accepted. Tenant must make all necessary repairs and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises must not thus be kept in good repair and in a clean condition by Tenant, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Lease or an interference with the possession of the Premises by Tenant, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenant agrees to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenant must not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. (viii) Tenant will keep all leasehold improvements in compliance with all laws and regulations during the entire Term of this Lease, except for repairs required of the Landlord to be made and damage occasioned by fire, wind or other causes as provided for in this Lease. (c) Construction, Maintenance and Repair responsibilities of Landlord: (i) Parking Lot. Landlord, at its sole cost and expense, must construct, maintain and make repairs to the parking lot (except for damage caused by Tenant). Landlord intends to install meters for parking spaces in the parking lot for community garden members, patrons and volunteers of the Animal Shelter, users of James Park facilities and athletic fields, and customers of Tenant’s business. Except as provided in Section 1(b) above, Landlord is not providing any parking spaces in the Parking Lot area to Tenant. Tenant is entitled to park vehicles next to the building for employees. (ii) Landlord is responsible for snow, ice, and leaf removal from the Parking Lot, but not responsible for the Patio area or surrounding the Building as provided in this Lease. In no event must Landlord’s maintenance of the Parking Lot or any adjacent Property in any way interfere with Tenant’s enjoyment of the Premises or the flow of automobile or pedestrian traffic on the Premises. (ii) Landlord, at its sole cost and expense, must be responsible for upgrading the current traffic signal that permits vehicles to exit from the western entrance of the Property. (iii) The Landlord’s Facilities Division will inspect the Premises in the first quarter of each calendar year to ensure that the Premises is maintained to Landlord standards and the Tenant is maintaining the Premises in accordance with the terms of this Lease Agreement. 8. PAYMENT OF TAXES 167 of 476 9 (a) Definition. For purposes hereof, “Taxes” must mean real property taxes and “Assessments” must mean assessments, general and special, foreseen and unforeseen, for public improvements levied or assessed against the Premises and the improvements thereon for that portion of the Term. (b) Payment. Landlord represents and warrants to Tenant that the Premises is currently exempt from Taxes and Assessments. Upon the conclusion of the Inspection Period, Landlord will endeavor to put the Premises back on the tax rolls with the Cook County Assessor (“Assessor”). Landlord will also list the Tenant as the taxpayer with the Cook County Assessor and Tenant will receive and pay all installment invoices directly. Tenant must thereafter pay all Taxes assessed against the Premises, for the period beginning with the conclusion of the Inspection Period, before any fine, penalty, interest or cost may be added thereto, become due or be imposed by operation of law for the nonpayment of late payment thereof. (c) Prorations. At the end of the Term, Taxes and Assessments to be paid by Tenant must be prorated based on the portion of the fiscal tax year in which this Lease is in effect. (d) Personal Property Taxes. Tenant must pay before delinquency any and all taxes and assessments levied or assessed and becoming payable during the Term, against Tenant’s personal property located upon the Premises. (e) PIN Division. The Landlord will be filing a Resubdivision Application with the Cook County Assessor to divide the Property into two parcels with two separate PINs. The Building will be on one parcel and the parking will be on the other parcel. Tenant’s parcel with the Building will continue to be a taxable parcel, but likely reassessed, and the City will continue to operate and maintain the other parcel with the parking lot. The boundaries for the resubdivided lots are outlined on Exhibit B, the Plat of Resubdivision. The agreement will be amended at a later date with a revised Exhibit A for the new legal description for the Premises and the two lots, and said description will not encroach upon the Interior and Exterior Site Plan (Exhibit C) or the Patio Area Plan (Exhibit D) or the Tenant’s possession and enjoyment of the Building and Property. 9. DAMAGE AND DESTRUCTION (a) Casualty. If the Premises must be damaged by fire or other casualty by an Act of God (“Casualty”), Landlord must, within one hundred eighty (180) days after such damage occurs (subject to being able to obtain all necessary permits and approvals, including, without limitation, permits and approvals required from any agency or body administering environmental laws, rules or regulations, and taking into account the time necessary to effectuate a satisfactory settlement with any insurance company) repair such damage at Landlord’s expense and this Lease must not terminate. If the foregoing damage is due to the negligence or willful misconduct of Tenant, then Landlord must look first to the insurance carried by Tenant to pay for such damage. Notwithstanding (i) any other provisions of the Lease to the contrary, and (ii) any legal interpretation that all improvements become part of the realty upon being attached to the Premises, following a Casualty, the Landlord must be responsible only for restoring the Premises to building standard levels of improvement at the time of execution of this Lease and must not include the tenant improvements completed and installed following execution of this Lease, and the tenant must be responsible for insuring and replacing the above building standard tenant improvements or 168 of 476 10 betterments that made the Premises “customized” for Tenant’s use. C ustomized improvements include, but not limited to: any and all brewing equipment and fixtures, alarm censored doors, wood flooring, and custom cabinetry. Except as otherwise provided herein, if the entire Premises are rendered untenantable by reason of any such damage, or if Tenant cannot utilize Property and Building for its intended use by reason of any damage of any size or scope whatsoever, then all Fixed Minimum Rent and Additional Rent must abate for the period from the date of the damage to the date the damage is repaired, and if only a part of the Premises are so rendered untenantable but the damage does not prevent Tenant from utilizing the Property for its Permitted Use, the Fixed Minimum Rent and Additional Rent must abate for the same period in the proportion that the area of the untenantable part bears to the total area of the Premises; provided, however, that if, prior to the date when all of the damage has been repaired, any part of the Premises so damaged are rendered tenantable and must be used or occupied by or through Tenant, then the amount by which the Fixed Minimum Rent and Additional Rent abates must be apportioned for the period from the date of such use or occupancy to the date when all the damage has been repaired. (b) Repair to Leasehold Improvements. Landlord must have no obligation to repair damage to or to replace any leasehold improvements, Tenant’s personal property or any other property located in the Premises, and Tenant must within thirty (30) days after the Premises is sufficiently repaired so as to permit the commencement of work by Tenant, commence to repair, reconstruct and restore or replace the Premises (including fixtures, furnishings and equipment) and prosecute the same diligently to completion. Notwithstanding the foregoing, Tenant’s Fixed Minimum Rent and Additional Rent must continue to be abated as provided in Section 9(a) above, until the Property is once again suitable for its Permitted Use. (c) Termination Right. Notwithstanding any provision contained herein to the contrary, Tenant must have the option and right to terminate this Lease if, (a) the Premises must be so damaged by Casualty that it cannot be fully repaired within one hundred eighty (180) days after the date of damage; (b) during the last eighteen (18) months of the Term of this Lease, the Premises is damaged by a Casualty in amount exceeding thirty-three and one-third percent (33.33%) of the square footage of the Premises or a lesser amount (no matter how small) that leaves Tenant unable to utilize the Premises for their Permitted Use, provided that, in such event, such termination of this Lease must be effected by written notice within ninety (90) days of the happening of the Casualty causing such damage. This provision must expressly survive the termination or expiration of this Lease. 10. INSURANCE (a) Tenant agrees to maintain a policy or policies of commercial general liability insurance written by an insurance carrier rated at least Class A or better in Bests Key Rating Guide of Property-Casualty Insurance Companies and licensed to do business in the state in which the Premises is located which must insure against liability for injury to and/or death of and/or damage to personal property and the Premises of any person or persons, with policy limits of not less than $3,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Said policy or policies must provide, among other things, blanket contractual liability insurance. Tenant’s policy must cover the Premises and the business operated by Tenant and must name Landlord as an additional insured. Landlord is self-insured up to $1.25 Million and agrees to maintain an excess policy or policies of commercial general liability insurance over the self-insured limit written by an insurance carrier with a rating at least Class A or better in the Bests Key Rating Guide and licensed to do 169 of 476 11 business in the state in which the Premises is located which must insure against liability for injury to and/or death of and/or damage to personal property of any person or persons, with policy limits of not less than $2,000,000.00 combined single limit for injury to or death of any number of persons or for damage to property of others not arising out of any one occurrence. Landlord’s policy must name Tenant as an additional insured. Subject to the terms of Paragraph 9(a), Landlord must maintain casualty insurance covering the entire Premises and any alterations, improvements, additions or changes made by Landlord thereto in an amount not less than their full replacement cost from time to time during the Term, providing protection against any peril included within the classification of “all risks”. (b) Each of the parties hereto agrees to maintain and keep in force, during the Term hereof, all Workers' Compensation and Employers' Liability Insurance required under applicable Workers' Compensation Acts. (c) Within thirty (30) days after written request, each of the parties agrees to deliver to the other a certificate of insurance as evidence that the policies of insurance required by this Section 10 have been issued and are in effect. (d) Waiver of Subrogation. Neither Landlord nor Tenant must be liable to the other or to any insurance company (by way of subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or other tangible property, or any resulting loss of income for property or general liability losses, even though such loss or damage might have been occasioned by the acts or omissions of such party, its agents, contractors or employees. Landlord or Tenant must look exclusively to the proceeds of insurance carried by it or for its benefit in the event of any damage or destruction to its property located on the Premises. Notwithstanding anything to the contrary contained herein, Landlord and Tenant hereby release and waive any and all rights of recovery, claim, action or cause of action, against the other, or its respective directors, shareholders, officers, agents, invitees and employees, for any loss or damage that may occur to the property or the equipment, fixtures and improvements comprising any part of the Premises, by reason of fire, the elements, or any other cause which could be insured against under the terms of an “all risk” fire insurance policy, in the state where the Premises is located, regardless of cause or origin, including negligence of the parties hereto, their agents, officers, invitees and employees. Subject to the provisions of the Lease, no insurer of a party hereunder must ever hold or be entitled to any claim, demand or cause of action against Tenant by virtue of a claim of loss paid under any such insurance policies, whether such insurer’s claim be in the nature of subrogation or otherwise. The waivers provided pursuant to this paragraph must not operate to the extent that they would void coverage under the provisions of any policy of insurance. 11. INDEMNIFICATION (a) Indemnification of Landlord. Except as otherwise provided in this Lease, and except to the extent caused by the willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenant must protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct or an Act of God or an act of a third party, (ii) any negligence or willful misconduct of Tenant, or its agents, employees or contractors; or (iii) Landlord’s breach 170 of 476 12 occasioned wholly or in part by any act, omission of Tenant, its agents, employees, contractors or servants. The provisions of this Section must survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. (b) Indemnification of Tenant. Except as otherwise provided in this Lease, and except to the extent caused by the negligence or willful misconduct of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord must protect, defend, indemnify and save Tenant and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from any act, omission or negligence of Landlord, its agents, employees, contractors or servants; The provisions of this Section must survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. 12. EXERCISE OF EMINENT DOMAIN (a) Taking. An appropriation or taking under the power of eminent domain of all, or a portion, of the Property, are sometimes hereinafter called a “taking.” (b) Total Taking of the Property. If all of the Property must be taken by the State or Federal government, or subdivision thereof, this Lease must terminate and expire as of the date of vesting of title in, or taking of actual physical possession of the Property by, the condemnor, and Landlord and Tenant must thereupon be released from any and all further liability hereunder except to the extent any such liability hereunder expressly states that it must survive the termination of this Lease. In such event, Tenant must be entitled to participate in any condemnation award so as to be compensated for the cost of relocation, removal and decrease in value, as a result of such taking of Tenant's fixtures, equipment and stock-in-trade located in the Premises, goodwill and any other items to which Tenant is entitled under applicable law, and, the value of the leasehold of which Tenant is being deprived for the remainder of the Term hereof so long as any such award made to Tenant must not reduce any award which may be obtained by Landlord. Nothing in this Section must be construed as a waiver by Landlord of any rights vested in it by law to recover damages from a condemnor for the taking of its right, title, or interest in the Property. (c) Partial Taking. In the event of the taking of: (i) any portion of the Property, so that the remainder thereof is not reasonably adapted to the continued leasing of the Premises by Tenant; or (ii) access, whether by a taking or otherwise, of the Property or a portion thereof to adjoining thoroughfares, so that all accessibility is substantially or materially restricted and as a result the continued leasing of the Property by Tenant will become impracticable or unprofitable in Tenant’s sole discretion; then Tenant must have the right to cancel and terminate this Lease as hereinafter provided. Within ninety (90) days after receipt by Tenant from Landlord of written notice that a condemnation action has been commenced, Tenant may, by written notice to Landlord, notify Landlord of its election to terminate this Lease, whereupon the parties must be released from any and all further obligations under this Lease except to the extent any such obligation hereunder is 171 of 476 13 expressly provided hereunder that the same must survive the termination of this Lease and Tenant must share any award or sale price as provided in Section 12(b) hereof. (d) Notice of Proceedings. Upon service on either party hereto of any legal process in connection with any condemnation proceedings, the party so served must give immediate notice thereof to the other party hereto. (e) Temporary Taking. In the event of a taking of the Property, or any portion thereof, for temporary use (specifically one not exceeding one hundred twenty (120) days in duration), without the taking of the fee simple title thereto, this Lease must remain in full force and effect, except for Tenant’s payment of Fixed Minimum Rent which must be proportionally abated for any period during which Tenant cannot operate its business from the Premises in the same manner as prior to such temporary taking. All awards, damages, compensation and proceeds payable by the condemnor by reason of such taking relating to the Premises, for periods prior to the expiration of the Lease must be payable to Tenant. All such awards, damages, compensation and proceeds for periods after the expiration of the Lease must be payable to Landlord. (f) Lease Prevails. In the event of any taking, the rights and obligations of the parties must be determined by this Lease and Landlord and Tenant waive any rights at law to the contrary. 13. UTILITIES Tenant must pay during the Term hereof directly to the appropriate utility company or governmental agency all electric, water, gas, telephone and other public utility charges in connection with its occupancy and use of the Premises, including all costs of operating and maintaining all equipment therein, all business licenses and similar permit fees but excluding any installation costs, tap fees and/or connection fees or charges, with no right of reimbursement from the Landlord. All utilities must be paid pursuant to separate meters measuring Tenant’s consumption of utilities from the Premises, which meter fee must be Landlord’s obligation at its sole cost and expense. Landlord must not be liable to Tenant for damages or otherwise (i) if any utilities must become unavailable from any public utility company, public authority or any other person or entity supplying or distributing such utility, or (ii) for any interruption in any utility service (including, but without limitation, any heating, ventilation or air conditioning) caused by the making of any necessary repairs or improvements or by any cause beyond Landlord's reasonable control, and the same must not constitute a default, termination or an eviction. Tenant assures Landlord that it must arrange for an adequate supply of electricity to the Premises and it must pay for any increased voltage and any additional wiring required addressing the increased capacity. 14. COVENANTS AGAINST LIENS Tenant covenants and agrees that it must not, during the Term hereof, suffer or permit any lien to be attached to or upon the Property or the Premises by reason of any act or omission on the part of Tenant or its agents, contractors or employees. In the event that any such lien does so attach, and (i) is not released within thirty (30) days after notice to Tenant thereof, or (ii) if Tenant has not bonded such lien within said thirty (30) day period, Landlord, in its sole discretion, may pay and discharge the same and relieve the Premises or the Property therefrom, and Tenant agrees to repay and reimburse Landlord upon demand for the amount so paid by Landlord and for other reasonable costs incurred by Landlord in discharging and relieving said lien. The Tenant will hold the Landlord 172 of 476 14 harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant on the Premises. Tenant will, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant must not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. 15. ASSIGNMENT AND SUBLETTING Tenant must not have the right to assign this Lease, or to sublet the Premises, transfer and grant concessions or licenses (“Transfer”) in all or any part of the Premises without the Landlord’s written consent and City Council approval by Ordinance, which consent must not be unreasonably withheld, conditioned or delayed. No Transfer must relieve Tenant from any of its obligations as Tenant hereunder. Every such assignment or sublease must recite that it is and must be subject and subordinate to the provisions of this Lease, and the termination or cancellation of this Lease must constitute a termination and cancellation of every such assignment or sublease. Notwithstanding the foregoing, Landlord agrees that no merger, consolidation, corporate reorganization, or sale or transfer of Tenant's assets or stock (specifically including any inter-family or inter-company transfers), redemption or issuance of additional stock of any class, or assignment or sublease to any person or entity which controls, is controlled by or is under common control with Tenant, must be deemed a Transfer hereunder. 16. NOTICES Any notices required to be given hereunder, or which either party hereto may desire to give to the other, must be in writing. Such notice may be given by reputable overnight delivery service (with proof of receipt available), personal delivery or mailing the same by United States mail, registered or certified, return receipt requested, postage prepaid, at the following addresses identified for Landlord and Tenant, or to such other address as the respective parties may from time to time designate by notice given in the manner provided in this Section. If to the Landlord: with a copy to: City of Evanston City of Evanston Attn: City Manager Attn: Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 If to Tenant: Smylie Brothers Draft & Package LLC Attn: Michael Smylie 2222 Oakton Street Evanston, IL 60201 For purposes of this Lease, a notice must be deemed given upon the date of actual receipt thereof or the date of proof of rejection thereof if delivered by hand or overnight courier service. 173 of 476 15 17. RIGHT TO GO UPON PREMISES Landlord hereby reserves the right for itself or its duly authorized agents and representatives at all reasonable times during business hours of Tenant upon at least forty-eight (48) hours prior notice to Tenant and accompanied by a representative of Tenant (which may be the store manager or assistant manager) to enter upon the Premises for the purpose of inspecting the same and of showing the same to any prospective purchaser or encumbrance or tenant, and for the purpose of making any repairs which Landlord is required hereunder to make on the Property, but any such repairs must be made with all due dispatch during normal construction trade working hours, and in such manner as to minimize the inconvenience to Tenant in the conduct of its business, it being agreed that in the event of a necessity of emergency repairs to be made by Landlord, Landlord may enter upon the Premises forthwith to effect such repairs. Notwithstanding the foregoing, in the event that due to an entry by or on behalf of Landlord into th e Premises, Tenant’s use is materially interfered with and Tenant, from the standpoint of prudent business management, cannot open and operate the Premises for business for two (2) consecutive days, all Fixed Minimum Rent and other charges payable by Tenant hereunder must equitably abate commencing after such second (2nd) day, and continuing until such repairs are completed, unless such entry is required as a result of Tenant’s negligence or intentional misconduct. 18. DEFAULT (a) Tenant Default. (i) Events of Default. Including, but not limited to, the following events must be deemed to be an “event of default” hereunder by Tenant subject to Tenant’s right to cure: a. Tenant must fail to pay any item of Fixed Minimum Rent per Section 3 at the time and place when and where due and does not cure such failure within five (5) business days after receipt of notice from Landlord of such failure; b. Tenant must fail to comply with any other term, provision, covenant or warranty made under this Lease or if any of Tenant’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, by Tenant, and Tenant must not cure such failure within thirty (30) days after Landlord's written notice thereof to Tenant. In the event Tenant cannot comply with such term, provision, or warranty, within said thirty (30) day period, Tenant must not be in default if Tenant is diligently and continuously making an effort to comply with such term, provision, covenant or warranty and Tenant completes the cure of the default; or c. Tenant must make a general assignment the benefit of creditors, or must admit in writing its inability to pay its debts as they become due or must file a petition in bankruptcy. (ii) Remedies. Upon the occurrence of an event of default, Landlord may, so long as such default continues, as permitted by law and subject to Landlord’s obligation to use good faith efforts to mitigate damages, either: 174 of 476 16 a. terminate this Lease by written notice to Tenant, which written notice must specify a date for such termination at least fifteen (15) days after the date of such written termination notice and such termination must be effective as provided in such written notice unless Tenant must cure such default within such notice period, or not terminate this Lease as a result of the default of Tenant. If Tenant must fail to surrender the Premises upon such termination, Landlord may thereupon, reenter the Premises, or any part thereof, and expel or remove therefrom Tenant and any other persons occupying the same, using such means provided by law; b. without terminating this Lease, Landlord may evict Tenant (by any means provided by law) and let or relet the Premises or any or all parts thereof for the whole or any part of the remainder of the Term hereof, or for a period of time in excess of the remainder of the Term hereof, and out of any rent so collected or received, Landlord must first pay to itself the expense of the cost of retaking and repossessing the Premises and the expense of removing all persons and property therefrom, and must, second, pay to itself any costs or expenses sustained in securing any new tenant or tenants (provided that such amount must not include any amounts incurred to restore the Premises to more than the condition originally delivered to Tenant), and must third, pay to itself any balance remaining, and apply the whole thereof or so much thereof as may be required toward payment of the liability of Tenant to Landlord then or thereafter unpaid by Tenant; or c. pursue such other remedies as are available at law or in equity. (b) Landlord Default. Should Landlord default in the performance of any covenant, provision, warranty, condition or agreement herein, or if any of Landlord’s representations and warranties made under this Lease are determined to be untrue, either when made or at any time during the Term, and such default in the case of any failure by Landlord to pay any sum required to be paid to Tenant hereunder, continues for ten (10) business days after notice thereof from Tenant, or in case of any non-monetary default, continues for thirty (30) days after receipt by Landlord of written notice thereof from Tenant (except as otherwise provided herein), or if the default of Landlord is of a type which is not reasonably possible to cure within thirty (30) days, if Landlord has not commenced to cure said default within said thirty (30) day period and does not thereafter diligently prosecute the curing of said default to completion (except as otherwise provided herein), Tenant in addition to any and all other remedies which it may have at law and/or in equity including the right to seek injunctive relief without posting a bond or the obligation to prove irreparable harm, may pay or perform any obligations of Landlord hereunder and deduct the cost thereof from each installment of annual Fixed Minimum Rent payable pursuant to the terms of this Lease; provided, however, in no event must the amount of any such deduction exceed ten percent (10%) of the Fixed Minimum Rent payable on a monthly basis; provided, further, Tenant must not have the right to terminate this Lease except as expressly permitted herein. 19. SIGNS Tenant may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenant. Tenant acknowledges that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the 175 of 476 17 Code governs the application process and the details regarding size, type, and number of signs and Tenant agrees to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenant must be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenant must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold, condition or delay its consent to a sign over the new entrance to the Premises which complies with applicable laws. 20. REPRESENTATIONS AND WARRANTIES (a) Landlord represents, warrants and covenants to Tenant that, to Landlord’s knowledge, the following is true as of the Effective Date: (i) all of the Premises is zoned and fit for commercial purposes, and the Permitted Use is permitted under the applicable zoning designation, and that the Premises and Property are presently properly subdivided in conformity with all applicable laws and suitable for the Permitted Use; (ii) Landlord is the fee simple owner of the Premises; (iii) the Premises is subject to no restrictions or continuing regulations of any kind or nature whatsoever incompatible with the Permitted Use and that there are no restrictions in any agreement by which Landlord is bound (including, but not limited to, Landlord’s insurance policies) which would adversely affect Tenant’s right to use the Premises for the Permitted Use during the Term; (iv) the Premises are in good working order and condition, the roof is watertight and all utility systems are functional; (v) there are no exceptions to title with respect to and/or encumbrances on the Premises which would interfere with Tenants proposed use of the Premises; (vi) Landlord has no notice of any proposed Assessments other than as reflected on the current tax bill; (vii) Landlord has no knowledge of any condition that would preclude Tenant from obtaining all Tenant’s permits and licenses necessary for Tenant to open for business and operate for the Permitted Use; (ix) if Landlord is a corporation, limited liability company, partnership or trust, Landlord covenants that it is duly constituted under the laws of the state of its organization, and that its officer, member, manager, partner or trustee who is acting as its signatory in this Lease is duly authorized and empowered to act for and on behalf of the entity or trust; and (x) there are no judicial, quasi-judicial, administrative or other orders, injunctions, moratoria or pending proceedings against Landlord or the Property which preclude or interfere with, or would preclude or interfere with, the construction contemplated herein or the occupancy and use of the Premises by Tenant for the purposes herein contemplated. 176 of 476 18 (xi) no third party has the right to object to Tenant’s tenancy hereunder, prohibit the selling of any products sold by Tenant or the uses allowed herein or the right to consent to any feature of the Premises or Tenant’s signage. (xii) there are no mortgages, prime leases, deeds to secure debt, deeds of trust, or other instruments in the nature thereof, affecting Landlord or its interest in the Premises. (xiii) The Property is leased to Tenant “AS IS” and “WHERE IS” without representation or warranty by Landlord. Tenant further acknowledges that (i) Tenant has had an adequate opportunity to make such legal, factual and other inquiries and investigation as Tenant deemed necessary, desirable or appropriate with respect to the Property, including, but not limited to, compliance of the Property with Environmental Laws (as hereafter defined) and whether the Hazardous Substances (as hereafter defined) are migrating towards or from the Property or are on, in, under or above the Property, and (ii) neither Landlord, nor anyone acting for or on its behalf, has made any representation, warranty, promise or statement, express or implied, to Tenant, or to anyone acting for or on behalf of Tenant, concerning the Property or the condition, use or development thereof. Tenant represents that, in entering into this Lease, Tenant has not relied on any representation, warranty, promise or statement, express or implied, of Lessee Landlord, or anyone acting for or on its behalf, other than as expressly set forth in this Lease, and that Tenant enters into this Lease based upon Tenant's own prior investigation and examination of the Property. Further, to the extent that Landlord has provided (or may hereafter provide) to Tenant information from any inspection, engineering or environmental reports concerning any Hazardous Substances or the condition of the Property, Landlord makes no representations or warranties with respect to the accuracy or completeness, methodology of preparation or otherwise concerning the contents of such reports. Tenant acknowledges that Landlord has requested that Tenant inspect the Premises fully and carefully and investigate all matters relevant thereto and that Tenant relies solely upon the results of Tenant's own inspections or other information obtained or otherwise available to Tenant, rather than any information that may have been provided (or may hereafter be provided) by Landlord to Tenant. Tenant’s election to enter into this Lease is be made at Tenant's sole and absolute discretion, in reliance solely upon the tests, analyses, inspections and investigations that Tenant makes, or had the right to make and opted not, or otherwise failed, to make, and not in reliance upon any alleged representation made by Landlord, or anyone acting for or on their behalf. (b) All representations and warranties, covenants and indemnities contained in this Lease must survive the expiration or earlier termination of this Lease. (c) Landlord may perform water testing on the Property during the Term with reasonable notice and provided it does not interfere with Tenant’s business operations. (d) Deliveries. Subject to governmental regulations, Tenant must have the right to accept deliveries and unload merchandise in its designated loading area adjacent to the front of the Premises, during 9:00 a.m. to 6:00 p.m. seven (7) days a week. As previously stated, all deliveries and trucks exiting the property must use Oakton and McCormick. 21. HOLDING OVER; END OF TERM 177 of 476 19 (a) If Tenant must hold possession of the Premises after the expiration or termination of this Lease, at Landlord's option (i) Tenant must be deemed to be occupying the Premises as a tenant from month- to-month at one hundred fifty percent (150%) of the Fixed Minimum Rent in effect upon the expiration or termination of the immediately preceding term or (ii) Landlord may exercise any other remedies it has under this Lease or at law or in equity including an action for wrongfully holding over. (b) Upon the expiration or sooner termination of this Lease, Tenant must surrender the Premises to Landlord in as good order, condition and repair as when received by Tenant; ordinary wear and tear, casualty and condemnation excepted. This provision must expressly survive the termination or expiration of this Lease. (c) Any property, equipment, or product remaining in the Premises upon expiration of this Lease must be considered abandoned and property of the Landlord. Any abandoned medical cannabis or infused products must be turned over to the proper law enforcement authorities for destruction. 22. EXPENSES OF ENFORCEMENT The Parties must bear its own costs, charges, expenses and attorney’s fees, and any other fees incurred in the event of a dispute between the Parties. 23. SUCCESSORS IN INTEREST All of the covenants, agreements, obligations, conditions and provisions of this Lease must inure to the benefit of and must bind the successors and permitted assigns of the respective parties hereto. 24. REMEDIES ARE CUMULATIVE Remedies conferred by this Lease upon the respective parties are not intended to be exclusive, but are cumulative and in addition to remedies otherwise afforded by the law. 25. QUIET POSSESSION Upon payment by the Tenant of the minimum, percentage and additional rent and all other sums due hereunder and upon the observance and performance of all covenants, terms and conditions on Tenant’s part to be observed and performed, Tenant must peaceably and quietly hold and enjoy the Premises for the Term of this Lease without hindrance or interruption by Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord, subject nevertheless, to the terms and conditions of this Lease. 26. ALTERATION (a) Changes Required by Law. Any structural changes, alterations or additions in or to the Premises which may be necessary or required by reason of any law, rule, regulation or order promulgated by competent governmental authority must be made at the sole cost and expense of Landlord, including but not limited to asbestos removal and disposal and interior and exterior compliance with the Americans with Disabilities Act (ADA) etc. Notwithstanding the foregoing, if any such changes, alterations or additions are required as a result of improvements made by Tenant 178 of 476 20 during the Term hereof or due to Tenant’s use of the Premises, such changes, alterations or additions must be made at the sole cost and expense of Tenant. Tenant may contest the validity of any such law, rule, regulation or order, but must indemnify and save Landlord harmless against the consequences of continued violation thereof by Tenant pending such contest. (b) Alterations During Term. Tenant must be permitted to perform interior, nonstructural alterations to the Premises and to revise the interior layout of the Premises; provided that the alterations are in conformance the security plans approved by the State of Illinois, any regulations under the Medical Cannabis Act, and any additional regulatory authority provisions governing the Permitted Use. Tenant must obtain Landlord's written consent to any other alterations or construction which affects the structural nature of the Premises, which consent must not be unreasonably withheld, conditioned or delayed. 27. HAZARDOUS SUBSTANCES (a) Tenant agrees that, except as herein set forth, it must not generate, use, store, handle or dispose of on or transport over the Premises any Hazardous Substances (defined below) in violation of any Environmental Laws (defined below), except as such incidental amounts of Hazardous Substances as may be required for Tenant to conduct the Permitted Use, but in no instance shall Tenant dispose of Hazardous Substances on the Premises in violation of Environmental Laws. (b) If any time during the Term, Hazardous Substances are found in the Premises or on adjacent property and such Hazardous Substances are not the result of Tenant’s use of or work on the Premises, then, in such event, Tenant must have the immediate right to terminate this Lease upon written notice to Landlord. Under no circumstances must Tenant be responsible for remediation or cleanup of any Hazardous Substances on the Premises or adjacent property that were not caused by Tenant, or Tenant’s subcontractors, agents or employees. Furthermore, with regard to any Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant must remove same, in compliance with applicable Environmental Laws, at Tenant’s sole cost and expense. Tenant must defend, indemnify, and hold Landlord harmless from and against any and all costs, damages, expenses and/or liabilities (including reasonable attorneys’ fees) which Landlord may suffer as a result of any written demand (whether or not a suit), claim, suit or action regarding any such Hazardous Substances (whether alleged or real) present due to Tenant and/or regarding the removal and clean-up of same or resulting from the presence of such Hazardous Substances. The representation, warranty and indemnity of Tenant described in this subsection shall survive the termination or expiration of this Lease or purchase of the Property as provided herein. Other than Hazardous Substances caused by Tenant or its agents, contractors or employees, Tenant shall have no duty whatsoever to remove any Hazardous Substances from the Property. (c) In the event that during the Term of this Lease, Tenant is prevented from performing Tenant’s Work and/or Tenant must be unable to operate for a period of thirty (30) days or more for the Permitted Use at the Premises and ceases operating at the Premises as a result of remediation of Hazardous Substances not caused by Tenant or its agents, contractors or employees, and Tenant does not terminate the Lease as provided for in Section 27(b) above, then Fixed Minimum Rent, Additional Rent and all other charges due hereunder must equitably abate until such time as Tenant is able to resume the performance of Tenant’s Work and/or the operation of its business in the Premises. (d) Tenant, for itself and its successors in interest, waives and releases Landlord from any and all 179 of 476 21 past, present and future claims and causes of action arising from or relating to the presence or alleged presence of Hazardous Substances in, on, under, about or emanating from the Property, including without limitation any claims for cost recovery, contribution, natural resources damages, property damage, consequential damages, personal or bodily injury (including death) or otherwise, under or on account of any violation, or arising under, Environmental Law. (e) The term “Hazardous Substance” includes, without limitation, any material or substance (regardless of whether discarded, recyclable or recoverable) to which liability or standards of conduct are imposed pursuant to Environmental Laws, including, but not limited to (i) any defined, characteristic or listed “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste”, “hazardous substance”, “hazardous material”, “regulated substance”, “pollutant”, “contaminant” or waste, (ii) petroleum (including crude oil or any fraction thereof, natural gas, liquefied natural gas, synthetic gas or mixtures of natural gas and synthetic gas), (iii) asbestos and any asbestos containing materials, (iv) substances known to cause cancer and/or reproductive toxicity, (v) polychlorinated biphenyls (PCBs) and (vi) radioactive material. The term “Environmental Law” means any federal, state or local law, statute, ordinance, rule, regulation, order, consent, decree, judgment or common-law doctrine, interpretation thereof, and provisions and conditions of permits, licenses, plans, approvals and other operating authorizations whether currently in force or hereafter enacted relating to health, industrial hygiene or the environmental conditions on, under or about the Premises or the Property, as such laws are amended and the regulations and administrative codes applicable thereto, including, by way of example and without limitation, the following: the Illinois Environmental Protection Act; Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”); the Resource Conservation and Recovery Act (“RCRA”); the Clean Air Act; the Clean Water Act; the Safe Water Drinking Act (“SDWA”); the Toxic Substances Control Act; and all state and local counterparts thereto; and any common or civil law obligations including, without limitation, nuisance or trespass. It is the intent of the parties hereto to construe the terms “Hazardous Substance” and “Environmental Law” in their broadest sense. 28. GENERAL CONDITIONS (a) Time is of the essence of this Lease. Any deadlines in this Lease which cannot be met because of delays caused by governmental regulations, inability to procure labor or materials, strikes, acts of God, or other causes (other than financial), beyond the control of Landlord or Tenant (“Force Majeure”) must be extended by the amount of time caused by such delays; provided, however, the payment of rent must not be excused. Notwithstanding anything herein to the contrary, the failure by Landlord to construct the Premises according to building code and/or to receive timely inspections by the necessary authorities due solely to the negligence, misconduct or financial inability of Landlord or Landlord's contractors, employees or representatives must not constitute Force Majeure. In order for Landlord to claim the occurrence of Force Majeure, Landlord must have notified Tenant in writing of such occurrence within twenty (20) business days after the initial occurrence. (b) No waiver of any breach of the covenants, agreements, obligations and conditions of this Lease to be kept or performed by either party hereto must be construed to be a waiver of any succeeding breach of the same or any other covenant, agreement, obligation, condition or provision hereof. (c) Tenant must not be responsible for the payment of any commissions in relation to the leasing 180 of 476 22 transaction represented by this Lease. Landlord and Tenant each covenant that they have not dealt with any real estate broker or finder with respect to this Lease (herein collectively “Brokers”). Each party must hold the other party harmless from all damages, claims, liabilities or expenses, including reasonable and actual attorneys' fees (through all levels of proceedings), resulting from any claims that may be asserted against the other party by any real estate broker or finder with whom the indemnifying party either has or is purported to have dealt, except for the Brokers. (d) The use herein of any gender or number must not be deemed to make inapplicable the provision should the gender or number be inappropriate to the party referenced. All section headings, titles or captions contained in this Lease are for convenience only and must not be deemed part of this Lease and must not in any way limit or amplify the terms and provisions of this Lease. (e) Landlord and Tenant have negotiated this Lease, have had the opportunity to be advised respecting the provisions contained herein and have had the right to approve each and every provision hereof; therefore, this Lease must not be construed against either Landlord or Tenant as a result of the preparation of this Lease by or on behalf of either party. (f) If any clause, sentence or other portion of this Lease must become invalid or unenforceable, the remaining portions thereof must remain in full force and effect. (g) Wherever in this Lease Landlord or Tenant is required to give consent, such consent must not be unreasonably withheld, conditioned or delayed except to the extent otherwise expressly provided herein. (h) If the time for performance of any obligation or taking any action under this Lease expires on a Saturday, Sunday or legal holiday, the time for such performance or taking such action must be extended to the next succeeding day which is not a Saturday, Sunday or legal holiday. If the day on which rent or any other payment due hereunder is payable falls on a Saturday, Sunday or on a legal holiday, it must be payable on the next succeeding day which is not a Saturday, Sunday or legal holiday. (i) Landlord hereby agrees that it must maintain all confidentiality with regard to entering into this Lease, the opening for business by Tenant in the Premises and any financial information contained hereunder or obtained from Tenant during the Term of this Lease, other than disclosures to necessary third parties and Landlord must not release any material whatsoever to the press or any news media without the prior written approval of Tenant, which approval may be withheld in Tenant’s sole discretion. (j) Each covenant hereunder of Landlord, whether affirmative or negative in nature, is intended to and must bind the Landlord and each successive owner of the Premises and their respective heirs, successors and assigns. (k) There must be no personal liability on Landlord, its elected officials, officers, employees, agents, or any successor in interest with respect to any provisions of this Lease, or amendments, modifications or renewals hereof. Tenant must look solely to the then owner's interest in the Premises (including but not limited to any insurance proceeds, rents, or judgments) for the satisfaction of any remedies of Tenant in the event of a breach by Landlord of any of its obligations hereunder. 181 of 476 23 (l) Landlord hereunder must have the right to assign, sell or transfer Landlord’s interest in this Lease or the Premises with consent of Tenant, which must not be unreasonably withheld. In the event of any such transfer, the transferor must be automatically relieved of any and all obligations on the part of Landlord accruing from and after the date of such transfer. (m) Tenant acknowledges that it will seek to hire qualified Evanston residents for employment in the Tenant’s business located at the Premises. (n) The parties agree the this Lease must be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes must be in the Circuit Court of Cook County, Illinois. (o) This Lease must become effective on the day that this Lease must be executed by the last of the parties hereto to execute this Lease (herein “Effective Date”). (p) There are no oral agreements between the parties hereto affecting this Lease, and this Lease supersedes and cancels any and all previous negotiations, arrangements, letters of intent, lease proposals, brochures, agreements, representations, promises, warranties and understandings between the parties hereto or displayed by Landlord to Tenant with respect to the subject matter thereof, and none thereof must be used to interpret or construe this Lease. This Lease cannot be changed or terminated except by a written instrument subsequently executed by the parties hereto. [REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK] 182 of 476 24 IN WITNESS WHEREOF, the respective parties hereto have executed this Lease by officers or agents thereunto duly authorized. Landlord: CITY OF EVANSTON, an Illinois municipal corporation By: _________________________________ Name: Wally Bobkiewicz Title: City Manager Tenant: SMYLIE BROTHERS DRAFT & PACKAGE LLC an Illinois limited liability company By: _________________________________ Name: Michael Smylie, Manager 183 of 476 25 EXHIBIT A LEGAL DESCRIPTION LOT 2 IN EVANSTON’S RESUBDIVISION OF LOTS 2 AND 3 IN WILLIAM B. JOHNSON’S SUBDIVISION OF THE EAST 650 FEET OF THE WEST 1075 FEET OF THE SOUTH 150 FEET OF THE NORTH 197 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST ¼ OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 10-25-100-023-0000 184 of 476 26 EXHIBIT B PLAT OF RESUBDIVISION 185 of 476 PROJECT NO.CALC. DRAWING NO. DWN. CHKD. SCALE: DATE: SHEET OF Rosemont, Illinois 60018 (847) 823-0500 9575 West Higgins Road, Suite 600 ENGINEERING, LTD. IN PREPARED FOR 1 1 1"=30' 160075.00002PRELIMINARY LOT 2 LOT 3 OAKTON STREET NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 25-41-13 SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 24-41-13 N00°37'00"E 150.00484.79 CORNER IPF AT CORNER IPF AT 0.20 W 4.70 N X-CUT FND CORNER IPF AT 0.69 W 4.87 N X-CUT FND ON LINE IRF AT CORNER NAIL FND 13.92 E 0.65 N NAIL FND 7.07 W 0.28 S X-CUT FND (260.00) (240.00)S00°37'00"W (150.00)(260.00) (240.00)S00°37'00"W (150.00)N00°37'00"E (150.00)CITY OF EVANSTON, ILLINOIS CITY OF EVANSTON KJR AJK JRM SUB160075_02A S:\EVANSTON\160075.00002\SURVEY\SUB160075_02A.SURSCALE IN FEET 030 30 (40.10) JAMES PARK (UNSUBDIVIDED) LOT 1 0.949 AC.| 41,321 SQ.FT.| PIN NO. 10-25-100-023 10-25-100-022 LOT 2 0.771 AC.| 33,580 SQ.FT.| N87°41'04"E 272.00 N87°41'04"E 228.00 MEASURED LEGEND (00.00) 00.00 RECORD X-CUT FOUND IRON PIPE FOUND (IPF) IRON ROD FOUND (IRF) PROPOSED PROPERTY LINE R.O.W. LINE SECTION LINE PROPERTY LINE EVANSTON, IL 60201 2100 RIDGE AVENUE THE CITY OF EVANSTON SUBMITTED BY & RETURN TO: EVANSTON'S RESUBDIVISION OF LOTS 2 & 3 IN WILLIAM B. JOHNSON'S SUBDIVISION EVANSTON'S RESUBDIVISION OF LOTS 2 & 3 IN WILLIAM B. JOHNSON'S SUBDIVISION (46.00)(80.00)(47.00)(33.00)(93.00)N87°41'04"E (500.00) S87°41'04"W (500.00) S87°41'04"W 220.33 S87°41'04"W 279.67 S02°18'56"E 149.80(15.21) (40.05)RECORDED 2-28-2007PER DOC. NO. 0705915103OAKTON SHOPPES OF EVANSTON RESUBDIVISIONLOT 12.0 N & ON LINE REBAR & CAP SET PER DOC. NO. 22280240 , REC. 4-9-1973 WILLIAM B. JOHNSON'S SUBDIVISION 2.0 S & ON LINE REBAR & CAP SET AT CORNER REBAR & CAP SETRECORDED 6-22-1990PER DOC. NO. 90297275PACE SUBDIVISIONT..R . R D P.M..N E34113 2324 2625 N87°41'04"E (575.56) RECORDED 8-7-1926DEDICATED PER DOC. NO. 9467664 RECORDED 8-7-1926DEDICATED PER DOC. NO. 9467662 RECORDED 12-24-1997 PER DOC. NO. 97969559NORTH RIGHT-OF-WAY LINE (BRICK WALL AT CORNER) (EXISTING BUILDING AT CORNER)S00°37'00"W 47.06REBAR & CAP SET 10-14-2016 AT CORNER REBAR & CAP SET 186 of 476 27 EXHIBIT C INTERIOR SITE PLAN 187 of 476 180 sq ftBoilerGMEM6'-11"21'-10"8'-4"6'-4"8'-1"6'-11"6'-4"6'-4"5'-0"18'-0"10'-0"8'-0"6'-1"6'-9"9'-0"5'-0"6'-4"6'-3"9'-0"6'-8"22'-0"10'-0"80 sq ft1,100 sq ftramp downCorridorVest.LoadingOfficeMen's Women'sElect.RoomLoading DockelecpanelSpent GrainLabDryStorageStorageGRAIN SILOFermentation CellarTapRoomBar & Kitchen(goal is 50 personoccupancy)elecmeterEyeWashKegWasheraluminumcan compactorcardboardbalerBoilerRoomlabsinkMillMill Room+24'-2"trench drainLT30 BBL0,000#MM30 BBL0,000#BK30 BBL0,000#WP30 BBL0,000#Brew HouseCLT75 BBL0,000#HLT75 BBL0,000#Foeder30 BBLFoeder30 BBLFV60 BBL18' 11"FV60 BBL18' 11"FV60 BBL18' 11"FV60 BBL18' 11"BBT60 BBL13' 11"FV120 BBL0,000#BBT120 BBL0,000#FV120 BBL0,000#FV120 BBL0,000#FV120 BBL0,000#trench drainW.I.C.SprinklerRoomCanning LineHeight?AirBlasterVFDCONTROL BOX200-240VSINGLE OR 3 PH1200 MT MILD STEE L IDLE E ND10170481200 MT MILD S TEEL IN TERMED IATE 64" LO NG1014479188 of 476 28 EXHIBIT D SITE PLAN 189 of 476 11/14/2016SMYLIE BROTHERS BREWING PRODUCTION FACILITY71'-6"8'-0" 20'-0" 18'-11" 20'-0" 8'-0"74'-1019/32"26'-0" min.SMYLIE BROTHERSPRODUCTION BREWERYAND TAP ROOM(in existing Recycling Center)149.80'220.33'228.00'150.00'84'-8"135'-8"8'-0" 32'-0"44'-8"8'-0"12'-0"64'-8"69'-91/2"26'-0" min.New Grain SiloNEW OUTDOORPATIO &BEER GARDEN220.33'150.00'228.00'149.80'New Outdoor Bar &Service StructuresRevised Parking byCity of EvanstonSCALE: 1" = 40'Proposed Site PlanNProposed Property Line190 of 476 191 of 476 Qualifications Summary: Smylie Brothers Brewing Co. LLC (Smylie Bros.) is the owner and operator of the existing 10 barrel, 250 seat restaurant and brewery currently open for business at 1615 Oak Ave. in Evanston, IL. The Chief Executive Officer of this business is Winnetka, IL resident Michael Smylie. Previously employed as a Registered Broker for R.J.O’Brien & Assoc. in Chicago, IL; Mr. Smylie left his ten year position with a successful firm to pursue a career in Hospitality Management with the sole purpose of opening a ‘brewpub’ and smokehouse in downtown Evanston. After receiving a second Bachelor’s Degree in Business Management & Culinary Skills, Mr. Smylie proceeded to work in Chicago area restaurants in various positions (line cook, server, manager) to gain the necessary experience to open his own business. After securing financing and discovering the present location of Smylie Bros., Mr. Smylie spent two years gutting and remodeling the former Social Security office in order to convert it into the popular and successful brewpub it is today. Mr. Smylie secured the financing for the project through his own funds and in conjunction with his four younger brothers, his mother and a friend. Mr. Smylie is also the Managing Director of Meadowpool Properties, LLC which is the entity that owns the property at 1615 Oak Ave where the brewpub operates. Mr. Smylie raised $5 million to secure the property and finance the demolition and construction of the new brewpub. Smylie B ros.’ one year anniversary is this June and the business has grossed over $2.5 million in sales since opening. Mr. Smylie realized a demand for his product existed in Evanston and applied for his liquor license a year prior to opening the doors to Smylie Bros. Mr. Smylie worked closely with Wrap Architecture, a LEED Certified design firm from Chicago, to plan and execute the build out of Smylie Bros. Wrap Architecture previously aided in the construction of Revolution Brewing in Wicker Park, Chicago. Wrap shares Mr. Smylie’s vision to create sustainable entertainment options for Evanston, IL. Mr. Smylie’s experience in directing a real estate management company, risk assessment capabilities as a commodities broker, his proven ability to raise financing and as the executive officer of a successful restaurant and brewery along with his relationship with Wrap Architecture make him an ideal candidate to rehab and rebuild the City of Evanston’s 2222 Oakton property into an entertainment destination for the 8 th Ward as well as the rest of the surrounding area. Operator/Development Team Overview: The parties that plan on participating in this project are as follows: Smylie Brothers Brewing Co. LLC CEO and Founder is Michael Smylie, six contributing silent partners SBBC Management LLC Owner and licensor of the Smylie Bros. brand, Managing Director is Michael Smylie 192 of 476 Meadowpool Properties LLC Real Estate arm of SBBC Mgmt. WRAP Architecture Construction design and oversee build out of property Element Energy, LLC Mechanical and Process Engineering G.F.G.R., Joseph Farruggia Structural Engineering Eriksson Engineering Associates, Ltd. Civil Engineering Dr. Matthew Smylie Energy Consultant Construction Management Team TBD, must bid out work based on finished design of project BIOFerm Energy Systems Wisconsin based renewable energy company providing sustainable waste management technology through anaerobic digestion Planned disposal of spent grain, green municipal yard waste and local food scraps. W.M. Sprinkman Corporation Brewery design/construction/consultant Brian P. Collins Attorney for Smylie Bros. Representative Projects and/or Experience: Smylie Brothers Brewing Co. LLC Manager and operator of brewpub operating at 1615 Oak Ave Applied for and secured first Brewpub license in Evanston, IL Largest event space in downtown Evanston Proponent of Sustainability measures throughout construction and operations including, but not limited to: water efficient fixtures, solar thermal, using recycled and reclaimed materials, efficient lighting and controls, large fans to de-stratify the 193 of 476 air in the space, on demand hood ventilation in kitchens and LED lighting wherever possible Currently operating successfully SBBC Management LLC Owner of successful Smylie Brothers Brewing Co. brand Grants branding authority to Smylie Brothers Brewing Co. LLC Has approved its brand use for new property at 2222 Oakton Meadowpool Properties LLC Acquisition of 13000 sq. ft. property in downtown Evanston at 1615 Oak Ave. for rehab as restaurant and brewery Identified and resolved property issues including removal and remediation of USTs as well as repairs to parapet walls and crumbling façade Worked with Evanston zoning to remove hazardous car park and convert to 60 seat patio Revitalized unutilized commercial area west of downtown Evanston and became anchor for new retail Brewpub currently operating successfully 194 of 476 Wrap architecture, inc. 2511 W. Moffat #104 Chicago, IL 60647 Phone: 773.862.9329 Fax: 773.862.9328 Statement of Qualifications_______________________________________________ Recycling the Evanston Recycling Center – RFQ 2222 Oakton Street, Evanston, Illinois “Start where you are. Use what you have. Do what you can.” Arthur Ashe submitted by: Wrap Architecture 2511 W. Moffat St. #104 Chicago, IL 60647 773-862-9329 phone 773-862-9328 fax contact: Cheryl Noel – Principal cheryl@wraparchitecture.com 195 of 476 “The professional challenge, is how to avoid being so stunned by the power of modern technology and economic affluence that one does not lose sight of the fact that people and place matter…” Samuel Mockbee Before After Smylie Brothers Brewing Company – Evanston, IL Renovation, Addition and Conversion of an existing bow truss building into a full service Restaurant and Brew Pub. Firm Wrap Architecture Cheryl Noel + Ravi Ricker – Principals In 2005, we founded Wrap architecture to pursue our commitment to a more responsible built environment. We believe in the power of design to transform place and enjoy a collaborative design approach that results in buildings that serve their occupants as well as the larger context they inhabit. We aspire to create buildings that nurture the lives of the occupants, the communities they reside in, as well as, the natural environment. With a long history of incorporating innovative design and technologies into projects, we now specialize in the sustainable design of residential and commercial buildings. We have extensive experience with the adaptive reuse of existing buildings as well as new construction. Where the two collide, we seek the appropriate balance between honoring the existing while incorporating innovative technologies and design strategies that support new uses. Wrap projects have been featured in several publications and have been recognized with multiple industry and professional awards. In 2006, Cheryl worked as a consultant for the City of Chicago’s Department of Environment to assist in the development of the Chicago Green Homes Program ~ the City’s residential green building standard. Both Cheryl and Ravi have a long history of energy conservation work and sustainable building practices. Wrap architecture continues this work by incorporating innovative design and technologies into their projects. Our approach to this is simple and practical, prior to applying expensive 196 of 476 alternative technologies or materials we focus first on energy efficiency. We also evaluate the first costs of this work with the long term maintenance and operating expenses in order to determine what strategies make the most sense for the project. Wrap has extensive experience with energy conservation methods and sustainable building materials, and as part of our design process we will identify energy saving mechanisms appropriate to the project and assist in identifying potential funding sources to offset the cost of this work. We seek certification on projects when clients are interested, including Chicago Green Homes Program, Energy Star Certification and LEED. Wrap has become recognized as a local leader in energy efficiency and sustainable building practices and we speak regularly on this topic, most recently at the 2014 AIA National Convention on sustainable opportunities in Manufacturing. Over the years, we have assembled an expert team of consultants to better serve our clients. Individually and collaboratively, we have extensive experience in various types of projects including the adaptive reuse of existing buildings as well as the implementation of cutting edge systems and technologies. Attached please find our corporate resume and relevant project experience. Cheryl Noel + Ravi Ricker 197 of 476 Wrap architecture, inc. 2511 W. Moffat #104 Chicago, IL 60647 Phone: 773.862.9329 Fax: 773.862.9328 Wrap Architecture – firm resume Wrap architecture is a full service architectural firm that strives to cultivate safe, supportive, and sustainable communities. The bulk of our work is and has been community based, from affordable housing to commercial and industrial projects. We have a long history of incorporating innovative design and technologies into our projects, to produce comfortable, durable, resource and energy efficient buildings. We are sensitive to the fact that our clients tend to be long term owners of the projects that they develop, and we believe that the projects should serve those long term interests. Through Wrap, we continue to explore our commitment to a more responsible built environment. Wrap is kept intentionally small, which insures personal attention to clients by principal staff. PROJECT EXPERIENCE COMMERCIAL/ Eris – Restaurant Brewery and Cider House – Old Irving Park, Chicago INDUSTRIAL Renovation and Conversion of an Existing 23,000 sq ft Masonic Temple Smylie Brothers Brewing Company – Restaurant and Brewery – Evanston, IL Renovation, Addition and Conversion of an Existing 12,000 sq ft Building Alarmist Brewing – Production Brewery – Sauganash, Chicago 14,000 sq ft Brewery Build Out in an Existing Manufacturing Building Sauce and Bread Kitchen – Commercial Kitchen and Café – Edgewater, Chicago Candid Wines – Wine Distribution Headquarters and Warehouse –Kinzie Industrial Corridor, Chicago Bickerdike Maintenance Office – Office Tenant Build-out – Humbolt Park, Chicago Revolution Brewery – Full Production Brewery – Kennedy Industrial Corridor, Chicago 73,000 sq ft Brewery Build Out in an Existing Manufacturing Building Revolution Brewing – Restaurant and Brew Pub - Logan Square, Chicago Renovation and Conversion of an Existing 18,000 sq ft Building Chesterton Freight Station – Conversion of a Freight Station to a Bed & Breakfast – Chesterton, IN Dubin Residential – Corporate Office Addition & Renovation – Chicago RESIDENTIAL Bronzeville Artist Lofts – 16 Artist Live/Work Lofts with Commercial 1st Floor, Chicago NSP funded Renovation and Conversion of an Existing 33,000 sq ft Building, DCEO energy grant Kelly Residence – new Single Family Home, ICF construction – Naperville, IL Esenberg Residence – Single Family Home Renovation – Pilsen, Chicago Dettman/Dizon Residence – Single Family Renovation and Addition –Lincoln Square, Chicago Allison/Bennett – 6 unit Apartment Building – East Village Landmark District, Chicago Energy Star Certified & Chicago Green Homes 3 stars - 3 renovated units + new 3 unit addition Park/Raines Residence – new Single Family Home – Logan Square, Chicago LEED-H Silver, Energy Star Certified & Chicago Green Homes 3 star rating Northern Trust – Single Family Home Renovation with Disability Suite – Des Plaines, IL Neighborhood Housing Services Redevelopment Corporation – Chicago One to Four Unit Building Renovations and/or Additions Park Bank Initiatives – Single Family Home Renovations - Historic Pullman and Maywood Maywood – 6 NSP funded Single Family Home Renovations Historic Pullman – Energy and Mechanical Consulting – 2 NSP funded Single Family Homes Deth/Sahakian Residence – Single Family Home Renovation, Logan Square, Chicago Blanton Residence – Condo Renovation and Addition - Lincoln Park, Chicago Chisholm Residence – Single Family Renovation and Addition - Independence Park, Chicago CONSULTING Neighborhood Housing Services Redevelopment Corporation – Green Consultant - Chicago Green Consultant - New 30 unit Condominium Building – Logan Square, Chicago Chicago Green Homes Program - Consultant – City of Chicago, Department of Environment NATURAL Strawbale, Cob, and Thatched Roof Workshop 1998 & 2000 – Oxford, Michigan BUILDING Strawbale, Cob, & Creative Woodworking Workshop 1996 – Sedro-Woolley, Washington 198 of 476 TEACHING/ SPEAKING AIA National Convention 2014, Chicago, IL – Speaker Brew More, Waste Less – Revolution is Brewing Rural Studio, Auburn University – Building Code Compliance Workshop – 2012, 2013, 2014 Rural Studio, Auburn University – Guest Lecturer, Wrap Architecture - 2013 and 2014 AIA Chicago COTE Building Tour and Presentation 2013 Revolution Brewery, Fermenting High Performance Design Chicago Community Loan Fund – Building for Sustainability Workshop – 2013 and 2014 GreenBuilt Home Tour 2013 – Park Raines Residence, Chicago IL – LEED Silver National Association of Home Builders – Speaker: ‘Inside Lighting Design’ - 2013 UIC Graduate Program – Guest Lecturer: Public Interest Architecture - 2012 and 2013 Historic Chicago Greystone Initiative – ‘Enhancing the Livability of your Vintage Home’ - 2012 GreenBuild 2010 off site building tour – Revolution Brewing, Chicago, IL AIA Chicago Professional Development Conference 2010 – Residential Energy Rating Presentation of Chicago Green Homes Program to: Illinois Housing Council Annual Meeting 2007 Chicago Center for Green Technology Workshop 2007 AIA Chicago Professional Development Conference 2007 archi-treasures 1999 - Roberto Clemente High School, Chicago, IL Design/student build workshop developed plans for a ‘garden gallery’ on school grounds. Affordable Comfort Conference 1997 - Palmer House, Chicago, IL Built Load-Bearing Strawbale Demonstration Wall. Young Builders, Summer Project 1994 - City of Chicago, Chicago, IL ABLA Homes Site Manager - Rehabilitation of CHA units with resident youth. COMPETITIONS 2015 Pullman ArtSpace Design Competition: Artist Live/Work Space – Top 10 Semi-Finalist 2005 Urban-Open: A Community Garden on 3 lots – Top 10 Finalist 2001 Chicago Green Homes Competition – Runner Up AWARDS/ 2015 Richard H. Driehaus Award for Architectural Excellence in Community Design, 3rd Place: ARTICLES Bronzeville Artist Lofts, Chicago – 16 Affordable Artist Live/Work Lofts & Commercial 1st Floor 2014 Small Project Award AIA Chicago: Safe House – Disaster Resilient Home Prototype 2012 Small Project Award AIA Chicago: 99 Beer Bottle Chandelier – Revolution Brewing 2011 September/October: Chicago Architect Magazine – ‘Beer Craft’ 2010 ICF Builder Awards: Large Residential – First Runner Up WBE Certified Wrap Architecture is City of Chicago WBE Certified. 199 of 476 Revolution Brewing, Chicago New Brewpub and Restaurant Logan Square, Chicago Revolution Brewing,a gastropub in Chicago’s Logan Square neighborhood,showcases the process of crafting beer and fresh food from local sources with views into the brewery and kitchen. The conversion of a 100 year old printing factory included reopening the storefront to light and views from the street,restoring the original tin ceiling and maple floors,recycling timber beams for bench seating, creating woven wood wall surfaces and light fixtures from deconstructed bourbon barrels used in the process of aging beer,and fabricating a chandelier from 99 blown beer bottles. Before After Our client takes great pride in the art of craft brewing,and he felt strongly that the process and elements involved in it were expressed throughout the project. The design and fabrication process was collaborative,and he implemented much of the design himself,including the bourbon barrel walls and light fixtures. Cheryl and Ravi of Wrap fabricated the beer bottle chandelier by heating and blowing recycled bottles. 200 of 476 Revolution Brewing, Chicago Brewpub Event Space Logan Square, Chicago 201 of 476 Revolution Beer, Chicago 40,000 sq ft Brewery Build Out in an Existing Industrial Building Kennedy Industrial Corridor, Chicago Section at Tank Cellar Brewery Floor Plan202 of 476 With the success of the Brewpub and the desire to more widely distribute their beer,Revolution Brewing expanded with a full Production Brewery located in the Kennedy Industrial Corridor. An existing 42,000 sq.ft.vacant tenant space within an industrial warehouse was converted to accommodate a 60 barrel brewhouse,fermentation cellar,and a vintage high speed canning line.The entire production process can be viewed from the public taproom where fresh beer can be enjoyed on tap or purchased in kegs,cans and bottles to go. The combination of compromised soil conditions and heavy tank loads required extensive foundation work.Great care was taken within budget constraints to include sustainable design solutions for built infrastructure as well as the production process equipment.Measures included energy efficient lighting, occupancy and daylighting controls,energy recovery ventilators to condition fresh air,use of outside winter air for refrigeration,a kettle stack heat exchanger to preheat process water,and waste water management strategies.The roof above the taproom was insulated,solar gain was minimized at south facing clerestory and destratification fans were added for occupant comfort. Revolution Beer, Chicago 40,000 sq ft Brewery Build Out in an Existing Industrial Building Kennedy Industrial Corridor, Chicago Destratification fan Tasting Room 203 of 476 Smylie Brothers Restaurant & Brewery, Evanston New Brew Pub & Restaurant Evanston Smylie Brothers Brewing Company,a craft brewpub and smokehouse in Evanston IL, was inspired by our client’s lifetime of family backyard barbeques and passion for craft beer. The renovation,addition and conversion of an existing 12,000 sq ft bowstring truss building includes an outdoor patio,a through wall fireplace,solar thermal hot water system,water efficient fixtures, energy efficient lighting,and extensive material reuse in the finish details. An existing drop ceiling was found to conceal a beautiful bowstring truss roof structure which once exposed,transformed the space revealing dramatic views from the newly created mezzanine dining area. Interior Before Interior After Exterior Before Exterior After Interior After204 of 476 Sauce & Bread Kitchen, Chicago Commercial Kitchen & Café in Edgewater Tenant Build-out 205 of 476 Chesterton Freight Station, Chesterton, Indiana Conversion of an existing freight station into a bed and breakfast. Before After Located in the heart of downtown Chesterton Indiana,this 1914 freight station was transformed into a new bed and breakfast.The extensive restoration of the existing masonry and timber truss structure was combined with thoughtful modifications to provide a unique guest experience. The original open lofts were converted into guest bedrooms with private lookouts over one of the nation’s major freight arteries.The large common area contains an oversized fireplace and an open kitchen for guest service,as well as for hosting private events.The large open space showcases the client’s extensive collection of railroad antiques and memorabilia,and a G-scale model railroad circulates throughout the main room. 206 of 476 Alarmist Brewing, Chicago 14,000 sq ft Production Brewery Build Out in an Existing Industrial Building Sauganash, Chicago 207 of 476 Bronzeville Artist Lofts is the adaptive reuse of a vacant and severely distressed century old building,originally built as a Borden’s Dairy.The building was restored and converted to 16 affordable artist live/work spaces on the second and third floors.Each floor includes gallery spaces for resident use and reclaimed timber seating in the elevator lobbies.The commercial first floor houses a shared artist workshop for residents,a commercial art gallery,as well as an additional tenant space. The unique timber truss structural system was exposed, creating dramatic spaces and open floor plans,with an emphasis on durable finishes,sound proofing and energy efficiency. Bronzeville Artist Lofts, Chicago Award Winning Mixed Use Building 16 Affordable Live/Work Units above 3 Commercial Spaces DCEO Energy Grant Before After 208 of 476 Park/Raines Residence, Chicago New Green Home In Logan Square: Insulated Concrete Form Construction, Geothermal Heating and Cooling, Solar Thermal Hot Water and a Green Roof Chicago Green Home Program: 3 Star Rating Energy Star Certified & LEED Certified –Silver 2011 ICF Builder Award Green Roof Insulated Concrete Form Envelope Geothermal Heating & Cooling Dual Flush Toilets Solar Thermal Hot WaterRecycled Content Siding 209 of 476 Top 10 Entry The Urban Open Competition, Chicago A Community Garden on 3 City Lots, in East Garfield Park. 210 of 476 References Josh Deth Managing Partner - Revolution Brewing 3340 N. Kedzie, Chicago, IL 60618 Chicago, IL 60618 Phone: (773) 829-4688 Email: josh@revbrew.com Gary Gulley CEO - Alarmist Brewing 4055 W. Peterson Ave. ~ Suite Rear Chicago, IL 60646 Phone: (773) 988-2536 Email: gary.gulley@alarmistbrewing.com Mike Bancroft Co-owner - Sauce and Bread Kitchen 6338-40 N. Clark St. Chicago, IL 60660 Phone: (773) 216-5580 Email: manilikecheese@gmail.com Laurel Lipkin Principal - LLConsulting 339 West Barry Ave. Chicago, IL 60657 Phone: (773) 281-7873 Email: LLconsulting@SBCGlobal.net Lee Reid President - Revere Properties 7420 S. Woodlawn Ave. Chicago, IL 60619 Phone: (773) 324-1745 Email: LReid@RevereProperties.com Andre and Frances Guichard Owners - Gallery Guichard 436 East 47th Street Chicago, IL 60653 Phone: (773) 791-7003 Email: Andreguichard1911@gmail.com 211 of 476 Wrap architecture, inc. 2511 W. Moffat #104 Chicago, IL 60647 Phone: 773.862.9329 Fax: 773.862.9328 DESIGN / ENGINEERING TEAM Wrap Architecture Architect Element Energy, LLC Mechanical and Process Engineering G.F.G.R., Joseph Farruggia Structural Engineering Eriksson Engineering Associates, Ltd. Civil Engineering 212 of 476 Qualification and Resumes City of Evanston RFQ Project # 15-270 108 S. Seminary Element Energy Consulting, LLC P- 312.620.0092 Park Ridge, IL 60068 Page 1 of 4 info@element-co.com QUALIFICATIONS Professional Engineering Services Since 2014 Element Energy Consulting (EEC) has provided engineering services nationwide with a specialization in renewable energy system design. EEC is a registered professional engineering firm in the State of Illinois and works with partners regularly who serve the lower 48 States and Puerto Rico. In addition to the professional engineer (PE) designation EEC employs certified energy manager (CEM), certified geothermal designer (CGD), and LEED AP accredited personnel. EEC carries general liability and error and omissions (E&O) insurance and can provide a certificate upon request. High Efficiency HVAC Design and Construction Since 2006 the founders of EEC have specialized in high efficiency HVAC system design and construction oversight. As prior directors of engineering and construction for two nationally recognized design-build companies, EEC founders Dan Couillard and Rob Olden have honed an innovative design methodology to incorporate controls sequencing and process loads into a “whole building system” focus. Most prominently, the EEC team has supervised the design and installation of over 6000 tons of geothermal based HVAC systems spanning more than 2.5 million square feet of building area. Notable projects include: Walgreen’s Net Zero Retail Store, Evanston IL- Operational since 2013 The typical 14,000 SF Walgreen’s floor plan was applied to this high performance building design which included a natural refrigeration (CO2) geothermal heat pump, 850 solar panels, wind turbines and a high resolution controls and monitoring system. EEC team members managed the mechanical design, systems integration and LEED submission processes which resulted in a Platinum award. The project earned several awards including ASHRAE “Excellence in engineering” and the CIBSE “Most significant contribution to the art and science of building services engineering” award. Eris Brewery Geothermal and Process Heat Recovery Feasibility Study, Chicago IL EEC analyzed the building HVAC and process loads of the Eris Brewery/Cidery Restaurant currently in design. The analysis incorporated an innovative heat recovery concept with controls to recover heat generated during the fermentation process to heat the building and process hot water. The analysis incorporated a hybrid geothermal system to maximize available incentives and achieve significant life-cycle savings. The estimated payback of this system is 4.1 years. Wintrust Headquarters- Operational Since 2012 This 420 ton WSHP building was retrofit with a hybrid geothermal system. A deep loop system (700’ depth) was installed below the parking lot and the cooling tower was downsized to operate intelligently with the ground loop so that over 75% of the annual loads were satisfied by the geothermal system. 213 of 476 Qualification and Resumes City of Evanston RFQ Project # 15-270 108 S. Seminary Element Energy Consulting, LLC P- 312.620.0092 Park Ridge, IL 60068 Page 2 of 4 info@element-co.com Chicago Fire station and Public Library- Operational Since 2009 Two City of Chicago buildings with diverse load profiles achieved a 16% reduction in geothermal sizing and a 9% increase in energy savings as a result of combining the system loads onto one ground loop. EEC personnel analyzed, designed and constructed the ground loop. North Central College- Operational Since 2009 This 200KSF square foot building houses a four story, 265 bed dormitory which is wrapped around a recreation center that houses a 62,000 square foot field house. The ground loop heat exchanger serves a centralized modular hot water/chilled water ground source heat pump system which serves fan coil units, radiant floor heating and domestic hot water heating. EEC personnel designed and installed the ground loop. Rockwell Gardens- Operational Since 2010 Element team members designed the geothermal HVAC and solar PV systems for this large-scale residential development in west Chicago. This 17-acre city block redevelopment replaced eight 16-story high-rises with 22 three story homes for mixed income neighborhood. Each of three typical building formats, a 3-flat, 6-flat and 8-unit building, were outfitted with typical geothermal field and solar panel designs. Element team members enacted a thorough district heating and cooling analysis as part of the design effort. Albuquerque, Multi-use Development (on-going) This 1.2M SF development including retail, residential, hospitality, and higher education tenants, was modeled and analyzed by Element Energy personnel. A district geothermal system was analyzed to explore cost savings via combined building load types that capitalized on diversity. A 30% geothermal field reduction was warranted according to the analysis. EEC provided financing analysis services and the developer is working to incorporate the results into tenant leases. Current Projects Unity Temple, Oak Park IL: This restoration of the 1908 Frank Lloyd Wright reinforced concrete church is a nominee for World Heritage Site and includes the addition of an innovative geothermal system. A hybrid geothermal heat recovery central plant will serve cooling, heating, dehumidification, snow melt and radiator heating loads. The MEP Engineer of Record is Architectural Consulting Engineers (ACE). EEC is providing energy modeling, field investigation, CAD drafting and controls integrations assistance to ACE. George and Cicero, Chicago IL: This 6-story multi-family elderly residential building incorporates a geothermal central chiller/heater with boreholes installed beneath the foundation. EEC is providing geothermal design services to the architect and secondary HVAC design reviews and construction oversight to the GC. Gold Coast Single Family Home, Chicago IL: EEC is designing the permit mechanical package for this 4-story gut rehab which will include a high efficiency envelope, humidification priority in the winter, and a 4-pipe concealed fan coil design to minimize soffits and lowered ceilings. 214 of 476 Qualification and Resumes City of Evanston RFQ Project # 15-270 108 S. Seminary Element Energy Consulting, LLC P- 312.620.0092 Park Ridge, IL 60068 Page 3 of 4 info@element-co.com KEY PERSONNEL Daniel A Couillard, P.E., LEED AP, CGD Experience Present Element Energy Consulting, LLC Founder Present Geothermal Alliance of Illinois Secretary Treasurer 2012-2014 GI Energy VP of Geothermal 2008-2012 Indie Energy VP of Construction 2004-2008 Brite-O-Matic Manufacturing Design Engineer Education University of Illinois Bachelor of Science, General Engineering Minor in Technology Management Accreditations Licensed Professional Engineer (Illinois) LEED Accredited Professional Certified Geothermal Designer City of Chicago Registered Energy Professional Affiliations ASHRAE – Illinois Member IGSHPA (International Ground Source Heat Pump Association) Member AEE Member Relevant Experience • Walgreens Net-Zero Store, Evanston IL • Cicero + George Multi-Family Residential, Chicago IL • Police Department 12, Chicago IL • Frank Lloyd Wright’s Unity Temple, Oak Park IL • Wintrust Headquarters, Rosemont IL • Rockwell Gardens Multi-Family Residential, Chicago IL • Olivet Nazarene University, Bourbonnais IL 215 of 476 Qualification and Resumes City of Evanston RFQ Project # 15-270 108 S. Seminary Element Energy Consulting, LLC P- 312.620.0092 Park Ridge, IL 60068 Page 4 of 4 info@element-co.com KEY PERSONNEL (continued) Robert J Olden, C.E.M., LEED AP Experience Present Element Energy Consulting, LLC Founder 2012-2014 GI Energy Engineering Director 2006-2012 Indie Energy SVP of Engineering 2004-2006 Aspen Green Engineering Director 2000-2004 Raytheon Space and Airborne Mechanical Engineer II Education University of Southern California Bachelor of Science, Mechanical Engineering Biola University Bachelor of Science, Physical Science Minor, Bible Accreditations Certified Energy Manager LEED Accredited Professional Patents US 12/973,478 - Thermal response geothermal testing unit US 12/828,863 - Renewable thermal energy metering and controls system Publications September 2014 edition of “Refrigeration and Air Conditioning” magazine, “Walgreen’s Digs Deep”. Relevant Experience (in addition to Dan Couillard’s above) • Atlas Aging Center Solar Thermal Design, Chicago IL • Hazen Residence Pond Loop Geothermal Design, McHenry County IL • Klein Residence Solar Thermal Design, Chicago IL Speaking Engagements • Keynote address with Walgreen’s Director of Sustainable @ Food Marketing Institute Energy and Atmosphere Conference. St Louis, MO 2014 • Food Retail Panel with Walgreen’s, Target, Del Haize, Sobey’s @ Atmosphere America Conference. San Francisco, CA 2014 216 of 476 Joseph L. Farruggia Architect Structural Engineer Joseph L. Farruggia Principal GFGR, Inc. Architects and Engineers 216 South Jefferson Street Suite 200 Chicago, Illinois 60661 312 831-2000 x23 (p) 312 831-2001 (f) jlf@gfgr.com Education: Bachelor of Architecture University of Illinois Urbana Champaign 1969 Master of Science in Architectural Engineering University of Illinois Urbana Champaign 1969 Professional Registration: Licensed Architect Illinois 001-7371 Licensed Structural Engineer Illinois 081-4728 Professional Experience: GFGR, Inc. Architects and Engineers Partner and Principal Chief Structural Engineer September 1995 to present Exit Strategy Brewery Company Forest Park, IL Stray Dog Bar and Grill New Buffalo, MI Oak Park Brewery Hamburger Mary Oak Park, IL Smylie Brothers Brewing Co. Evanston, IL Panic Brewing Chicago, IL Revolution Beer LLC Brewery Chicago, IL Revolution Brewing Brew Pub Chicago, IL Chicago Botanic Garden Glencoe, IL Argonne National Laboratory Argonne, IL Schmidt Garden and Erickson, Inc. Chief Structural Engineer 1988 to 1995 Project Structural Engineer 182 to 1988 Allstate Insurance Company Northbrook, IL Argonne National Laboratory Argonne, IL St. Lukes Medical Center Milwaukee, WI Chicago Department of Public Works Pullman, IL 217 of 476 Jahn (formerly Murphy Jahn) Project Structural Engineer 1970 to 1982 Water Tower Place Chicago, IL Richard J. Daley College Chicago, IL Area 2 Police Headquarters Chicago, IL James Thompson State of Illinois Center Chicago, IL Teaching Experience: Auburn University, Newbern, IL College of Architecture Design and Construction Rural Studio Fifth Year Thesis Program August 2004 to present Adjunct Instructor 218 of 476 www.eea-ltd.com OUR FIRM ERIKSSON ENGINEERING ASSOCIATES, ltd. Our work is meant to seamlessly compliment that of the architect and landscape architect. We respect and understand what each discipline brings to the table, so we do all we can to help you, your team, and, ultimately, the project succeed. Our work begins well before we develop any drawings and continues long after our phase of the project is complete. We follow up on your issues and follow through on our promises. At EEA, we help the site perform at its best so we only hear from you on a good day! Relationships & Sound Expertise At EEA, we never work directly for permitting and approval agencies, but we have worked hard to develop connections with them and learn the intricacies of regulations in the City and surrounding municipalities. Members of the EEA team also provide engineering insight when agencies prepare to modify regulations. Our work in a variety of market areas has played a large part in demonstrating the value of considering all end users during every component of the project. On each project, we rely on both past expertise and new input from owners and end users. When combined, this strategy aids in finding solutions that will best serve the site and assists owners in achieving project success. Results and Relationships—we are your advocate! At Eriksson Engineering Associates, Ltd. (EEA), we deal with complex civil site design and traffic and parking projects. Our consultants focus on the overall project goals, challenging conventional thinking when it means a clear client or project benefit. Our experience-proven staff provides insightful expertise throughout the project—everything from assisting with time management, budget, permitting and any other project hiccup, and we work to enhance quality and offer savings. Our innovative solutions deliver short- term advantages and strategic benefits to stand the test of time. We make working with us easy. You need an engineer responsive to your needs and concerns. You need answers—and approvals—fast. And you need the job done right—the first time. We understand that time is money—ours and yours. Our History Founded in 1995 Our Services Site Selection Site Planning Site Development Utility Design Water Resources Traffic/Parking Analysis Permitting & Public Coordination Our Markets Commercial & Hospitality Education—Pre-K, K-12, Higher Ed Healthcare Industrial Municipal & Government Recreation Religious Institutions Residential & Senior Living Synthetic Turf Urban Redevelopment Our Offices 601 W. Randolph St, Suite 500 Chicago, IL 60661 p 312.463.0551 f 312.463.0552 145 Commerce Dr., Suite A Grayslake, IL 60030 p 847.223.4804 f 847.223.4864 11701 London Bridge Mokena, IL 60448 P 708.614.9720 219 of 476 OUR STORY COMMERCIAL ERIKSSON ENGINEERING ASSOCIATES, ltd. We make every foot count, so every foot works for you! EEA understands that on commercial, hospitality and retail projects, every usable square foot can translate to sale or rental potential. So we work with you to develop cost-effective solutions that maximize the amount of land available for build-out and enhance the current site. But financial considerations do not override our concern for function. We offer creative solutions that plan for long-term site flexibility, provide intuitive circulation patterns, address special considerations and integrate sustainable solutions when able. The result? Flexible sites that appeal to a wide variety of potential end users and increase profit potential—for you and your client! Corporate/Office Aldi Foods, Inc. Corporate Headquarters – Batavia, Ill. Edens Bank—Two Sites – Skokie, Ill. The Emerald—Fifth Third Bank/Starbucks – Chicago Fifth Third Bank—100 S. Halsted – Chicago MB Financial Bank—18th Street – Chicago North Community Bank—4701 N. Clark, 1230 W. Grand – Chicago Retail Anthropologie – Chicago Dominick’s—1 N. Halsted – Chicago East Bank Club – Chicago Retail Complex—Kingsbury & North Avenue – Chicago (BLICK, Old Navy, Party City, Sports Authority) Walgreen’s—2817 N. Clark – Chicago Whole Foods – Chicago Yorktown Center – Lombard, Ill. Hospitality Hellenic Museum – Chicago Loews Hotel—455 N. Park Drive – Chicago Museum of Science & Industry—Smarthome – Chicago Revolution Brewing – Chicago Starbucks – Chicago, Naperville, Ill. 220 of 476 Eriksson Engineering Associates, Ltd. Michael J. Renner, P.E. Principal/Vice President Mike Renner is Vice President of EEA and also serves as Principal-in-Charge or Senior Project Manager on various projects. With 30 years of design and construction monitoring experience, he is responsible for marketing, managing company resources, providing staff guidance, and confirming that projects meet local and state agency permitting requirements. Mike has managed many high profile residential and institutional projects within the City of Chicago, as well as throughout the Chicagoland area. He is the go-to engineer for urban redevelopment and new construction projects at EEA, combining his love for the City—its architecture, culture, and history—with his passion to provide exceptional engineering services and sound foundations for all that completes the Chicago skyline. Additionally, Mike has worked on numerous suburban site development projects in the areas of senior living, commercial, recreation, education, and municipal, as well as many others. As a Park District Board member, Mike has developed perspectives as an owner, engineer, and community member, allowing him to ensure satisfaction for a wide variety of clients and users. On all projects, he relies on both past experience and new client insight to best serve the end users. Mike has also served as an expert witness, offering engineering testimonies for civil-related trials. Education Bachelor of Science – Civil Engineering, 1986 University of Illinois—Urbana/Champaign Professional & Civic Associations 19-Year Member & Current President – Cary Park District Board of Commissioners o 2013 Recipient—IAPD Mike Cassidy Commissioner Community Service Award Member – American Society of Civil Engineers; Construction Specifications Institute, CDT; Home Builders Association of Greater Chicago Service Associate – AIA Chicago; Illinois Association of Park Districts Noted Projects Winthrop Club Condominiums – Evanston, IL Presbyterian Homes – Retirement Community – Evanston, IL Evanston Township High School – Evanston, IL Emerson Street Apartments – Evanston, IL American College of Chest Physicians Corp Office Building- The Glen – Glenview, IL Yorktown Center – Lombard, IL Edens Bank – Two Sites – Skokie, IL Starbucks – Naperville, IL Loews Hotel—455 N. Park Drive – Chicago, IL Anthropologie – Chicago, IL Dominick’s –1 N. Halsted – Chicago, IL Fullerton Plaza – Chicago, IL Nordstrom Rack – Chicago, IL Retail Complex—Kingsbury & North Avenue – Chicago, IL Whole Foods – Chicago, IL WhirlyBall – Chicago, IL Fox Motors Ford Dealership, N. Elston Avenue – Chicago, IL Revolution Brewing – Chicago, IL Homewood Suites/Hampton Inn Hotel, 108 N. Jefferson – Chicago, IL Hyatt Place Hotel, 28 N. Franklin Street – Chicago, IL 221 of 476 Dr. Matthew Smylie Smylie Brothers Brewing Co. Energy Consultant REPRESENTATIVE PROJECTS 2015-2017 (anticipated): University of Notre Dame, South Bend, IN Condition: Open I am currently designing and constructing a new irradiation chamber for re-purposing nuclear accelerator physics hardware for use in condensed matter physics experiments. The accelerator facility is a cutting edge multi-million dollar installation that is used by scientists worldwide. The project requires understanding and careful analysis of the operation of the accelerator, detailed analysis and design for a new two stage water cooling system, design and construction of a high-quality stainless steel chamber and target housing, a thorough analysis of the electronics for careful monitoring of particle beam currents and intensities, and awareness of the environmental and health safety concerns of using high intensity particle irradiation. Once the new chamber is finished, I will be supervisor of a team who performs experiments at the facility several times a year. Fig. 1 The TANDEM particle accelerator at the University of Notre Dame. Fig. 2 Example target chamber and beamline in the Nuclear Structure Laboratory at the University of Notre Dame. 222 of 476 The purpose of the project is to irradiate superconducting wires to increase the maximum electrical current that the wire can carry to make more efficient power lines. My team at Argonne National Laboratory has been studying this for the last few years, and has had promising results1,2,3; we are approaching the level of having a commercially viable technique to substantially increase the maximum electrical current that second generation high-temperature superconducting wires can carry, and we have partnered with several major manufacturers to demonstrate the viability of this technique. 2011-Present: Argonne National Laboratory, Lemont, IL Condition: Open I designed and assembled a ~$200,000 tunnel diode oscillator low-temperature probe, and have been regularly operating it since late 2012. A tunnel diode oscillator4 or TDO is a high-frequency resonating circuit that can have part-per-billion frequency stability that is used to measure electronic and magnetic properties of materials. Placing a sample inside of the inductor coil inside the resonating circuit and changing the temperature or the applied magnetic field will change the inductance of the coil and thus the frequency of the resonating circuit—this frequency shift is easily measurable and is proportional to the change in the electronic and magnetic properties of the sample. For low-noise operation, the electronics of the circuit must be kept at 5 K (-450 °F), and in regular operation the sample must be cooled to 300 mK (-460 °F), less than a degree above absolute zero. Temperatures are kept stable to one-thousandth of a degree or better. The electronics are cooled with liquefied (or cryogenic) Helium, and to reach the sub-Kelvin temperatures, liquefied, isotopically selected Helium-3 must be used. To give a sense of cost, ‘regular’ liquid Helium is approx. $30-$150/gallon, whereas isotopically selected Helium-3 is $36,000/gallon. As such, very careful engineering must be done to minimize loss of cryogens. Fig. 3 The Tunnel Diode Oscillator and cryostat 223 of 476 Fig. 4 The low temperature section of the TDO I had entire discretion over the design and assembly of the instrument. This required personally creating all custom mechanical designs and soliciting competitive bids for machining (as well as personally doing a fair amount of machining), carefully designing, integrating, and testing the required high-frequency electronics, solving numerous cooling and thermal anchoring issues to safely maintain ~500°F temperature gradients in the instrument, regular handling of cryogens and high-pressure gases, design and construction of all readouts and associated control electronics, and writing custom user software for data acquisition and analysis. The instrument also contains an 8 Tesla superconducting magnet which, when in operation, contains a lethal amount of current, and the required safety considerations had to be designed and implemented. As a part of the Argonne training, I had to take numerous courses on safe practices in industrial settings for the large variety of hazards that my instrument involves. The instrument’s primary use is in examining the fundamental physics of superconductivity, and to date has generated one scientific paper5 and will generate several more this year. There are less than a dozen devices in the world like this that operate with such extremely low noise and extremely low temperatures, and all are located at major research facilities. My group at Argonne is considered one of the best in the world for superconductivity research, and my supervisors are considered among the world experts in superconductivity. 224 of 476 2004-2010: University of Notre Dame, South Bend, IN Condition: Open As a part of my Ph.D. research in condensed matter physics, I supervised ~$2,000,000+ worth of custom laboratory equipment, and was personally responsible for all maintenance and user training on the equipment including a SQUID magnetometer, a x-ray powder diffractometer, several small 3000 °F furnaces, electron spin resonance (ESR) spectrometers at multiple frequencies, and several liquid Helium cooled cryostats with superconducting magnets and large conventional water-cooled magnets. I designed and assembled new electronic transport probes, and regularly wrote custom data acquisition software for my team. Our team was responsible for the discovery and characterization of several new exotic high-temperature superconducting materials6,7. Fig. 5 a) Powder x-ray diffractometer b) SQUID magnetometer Fig. 6 a) High-temperature synthesis furnaces b) ESR spectrometer, cryostat, and 2 Tesla magnet 225 of 476 2003-2004: Max Planck Institute for Extraterrestrial Physics, Garching, Germany Condition: Closed As a Fulbright Scholar working at the Max Planck Institute for Extraterrestrial Physics in Germany, I was part of a team that tested detector elements and calibration algorithms for the PACS instrument onboard the Herschel Space Observatory8, which was a billion-dollar infrared satellite observatory in operation 2009-2013 approx. 1 million miles from Earth. My work involved regular cryogenic testing of semiconductor infrared light detector elements in a clean room, and design and construction of new instrument elements for calibration of the detectors on the instrument. The project was ultimately successful, and the observatory was launched into space in May 2009. The instrument is the largest infrared telescope ever put into space, and has contributed substantially to the understanding of the universe. The instrument is no longer functional (by design) as its onboard coolant has run out and cannot be replaced. Fig. 7 The instrument payload of the Herschel Space Observatory. The PACS instrument is on the left. 226 of 476 Fig. 8 The fully assembled Herschel Space Observatory. References 1. “Vortex pinning by compound defects in YBa2Cu3O7-δ“,J. Hua, U. Welp, J. Schlueter, A. Kayani, Z.L. Xiao, G.W. Crabtree, and W.K. Kwok, Phys. Rev. B 82, 024505 (2010) 2. “Doubling the critical current density of high temperature superconducting coated conductors through proton irradiation”, Y. Jia, M. Leroux, D.J. Miller, J.G. Wen, W.K. Kwok, U. Welp, M.W. Rupich, X. Li, S. Sathyamurthy, S. Fleshler, A.P. Malozemoff, A. Kayani, O. Ayala-Valenzuela, and L. Civale, Appl. Phys. Lett. 103 122501 (2013) 3. “High-field critical current enhancement by irradiation induced correlated and random defects in (Ba0.6K0.4)Fe2As2”, K.J. Kihlstrom, L. Fang, Y. Jia, B. Shen, A.E. Koshelev, U. Welp, G.W. Crabtree, W.K. Kwok, A. Kayani, S.F. Zhu, and H.-H. Wen, Appl. Phys. Lett. 103 202601 (2013) 4. “Tunnel diode oscillator for 0.001 ppm measurements at low temperatures”, C.T. Van Degrift, Rev. Sci. Instrum. 46, 599 (1975) 5. “Critical fields and vortex pinning in overdoped Ba0.2K0.8Fe2As2”, B. Shen. M. Leroux, Y.L. Wang, M.P. Smylie, et al., Phys. Rev. B., publication pending (2015) 6. “A search for superconducting impurity phases in cubic Ba2GdRu1-uCuuO6”, H.A. Blackstead, M. Kornecki, M.P. Smylie, et al., Journal of Alloys and Compounds, 466 31-38 (2008) 7. “A search for magnetic resonance of ruthenium in octahedral coordination with oxygen”, H.A. Blackstead, M. Kornecki, M.P. Smylie, et al., Sol. State Comm., 152 24 2165-2168 (2012) 8. Herschel Space Observatory, en.wikipedia.org/wiki/Herschel_Space_Observatory (2015) 227 of 476 MASS NATURAL BIOFerm™ Energy Systems Viessmann Group 617 N. Segoe Rd Madison, WI 53705 Tel: 608.467.5523 440 Science Drive, Suite 300 Madison, Wisconsin 53711 608-467-5523 COMPANY PROFILE BIOFerm™ Energy Systems BIOFermTM Energy Systems is a Madison, Wisconsin based renewable energy company providing anaerobic digestion technology for energy generation and waste management to North American operations. Committed to sustainable and economical organic waste diversion, the BIOFermTM technology utilizes anaerobic digestion to harness biogas rising from fermenting organics—food waste, manure, biosolids, etc.—converting it into valuable green energy, heat, fuel, and more. As a member of the multi-billion dollar family company, the Viessmann Group, BIOFermTM has industry experience from nearly 400 global digester installations. Our company offers the industry’s best performance guarantee for our digester technology, and has highest occurence of repeat business in the U.S. biogas industry. We also provide a complete range of digester systems to clients: from low to high solids, from small-scale to industrial-sized, and for applications as diverse as campuses to dairies to municipalities and much more. These systems provide a valuable set of advantages for the client, including carbon neutral energy production, system reliability, waste volume reduction, system simplicity, fully automated management control systems and energy expenditure savings. The biogas produced can be combusted directly in a combined heat and power unit (CHP) to make renewable heat and electricity. As a member of the Viessmann Group, BIOFerm TM also offers gas upgrading technology through Schmack Carbotech—one of the world’s leading suppliers of biogas to grid injection systems and gas upgrading technology. Digested material remaining can be land applied as fertilizer or used as compost, ensuring a process of maximum sustainability from project start to completion. 228 of 476 Page | 2 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com The Viessmann Group Profile The Viessmann Group is one of the leading international manufacturers of heating, cooling and climate control technology. Founded in 1917, the family business maintains a staff of 11,400 employees and generates roughly 2.8 billion U.S. dollars in annual group turnover worldwide. With 27 production divisions in 11 countries, subsidiaries and representations in 74 countries and 120 sales offices around the world, Viessmann is an internationally orientated company. 55 percent of sales are generated abroad. As a third generation family-run company, Viessmann sets great store by responsible conduct with a long-term vision. Sustainability is already firmly embedded into the company’s guiding principles. For Viessmann, the practice of sustainability means reconciling cost efficiency, ecology and social responsibility throughout the entire company to enable us to meet our current needs without compromising the ability of future generations to meet theirs. Accountability for the environment and society, fairness when dealing with business partners as well as the pursuit of perfection and maximum efficiency in all business transactions are key values for Viessmann - as a company, and as individuals. This, together with the products and services we offer, allows us to offer our customers the benefit and added value of a strong brand. Viessmann has won many awards over the years for its innovative products, and it continues to set the pace for change and engineering advances in the heating industry. As an environmental pioneer and technology leader in the heating industry, Viessmann has been supplying minimal emission, energy-efficient heating systems for oil and gas for decades as well as solar thermal systems, wood combustion systems and heat pumps. Many Viessmann developments are regarded as milestones in heating technology Branches Distribution partners 229 of 476 Page | 3 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com EUCOLINO, COMPACT PLUG-AND-PLAY DIGESTER EUCOlino is a compact, containerized biogas system that allows operations with limited footprints or waste streams to utilize biomass for energy generation through anaerobic digestion. The system’s versatility allows it to process a wide range of feedstocks. Addition of organic substrates is handled in a case-by-case manner to optimize the loading rate and digester performance. Each fermenter is 200 m3 and can be combined in a modular fashion based on the input material and available feedstock; gas utilization such as Combined Heat and Power (CHP) units are sized accordingly. Every system configuration may optionally be equipped with a feeder, separator, and macerator pump. The EUCOlino system is simple, flexible and easily integrated into already-established operations. It is characterized by small space requirements due to its modular structure. The different plant components are pre-manufactured units that are shipped as complete systems from the supplier, minimalizing additional assembly work and time on site. Refer to schematic of system on next page. Substrate feeding EUCOlino can be interfaced with multiple feeding options. Feedstock may be pulped and pumped directly into EUCOlino; an intermediate feedstock holding tank is then necessary to store pulped waste and automatically feed the digester. Alternatively, the organic material can be collected and directly fed into the digester via a feed hopper. Depending on the composition of the feedstock, the hopper holds enough material for two days and automatically feeds the digester unit approximately once an hour. The liquid substrate, i.e. wastewater, is pumped directly into the digester where it is mixed with the solid feedstock via the horizontal paddle mixers located within the unit. The ideal total solids—TS%—of the feedstock for EUCOlino range from 13-17%. Depending on the solids content of the feedstock, additional water may be required to achieve this total solids range of 13-17%. No additional additives should be required to operate EUCOlino efficiently with the proper feedstock mixture. EUCOlino System 230 of 476 Page | 4 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com System schematic Feedstock options The EUCOlino can process a wide variety of feedstocks including, but not limited to: Biosolids Food waste Landscaping waste Agricultural waste Manure Renewable biomass Digester / process The fermenters are pre-fabricated containerized units that are shipped on-site and placed onto a concrete pad foundation. A single unit is a complete system and includes all interior piping, insulation, and process equipment. The digester is a continuous mixed plug-flow system; it is fed on one end and emptied on the other. One fermenter unit has a total capacity of 200m 3. Additional fermenters may be placed alongside each other in series to increase the total operating capacity to 400m3 or 600m3. EUCOlino is operated at mesophilic temperature and is capable of handling the extreme cold temperatures experienced in the United States and Canada. Hydraulic Retention Time (HRT) ranges from 20 to 30 days, depending on the feedstock. EUCOlino consumes approximately 12% parasitic load to power all auxiliary components including: pumps, paddle mixer, feeder, controls, etc. The biogas produced during the fermentation process is collected and temporarily stored in a 25m 3 biogas bag (expandable to 50m3) located in an enclosed container on top of the digester unit; from there, biogas is piped to the CHP container for further processing. EUCOlino has an electrical output of 35kW to 100kW, depending on the feedstock. Note, a more accurate estimate of electrical output can be obtained after feedstock testing of a specific operation. The digested effluent will be periodically pumped and stored. Feeding System Digester All-In-One (AIO) Agitator Paddle Motor CHP Pump Automation 231 of 476 Page | 5 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com CHP / technical container The technical container is pre-manufactured and consists of: a CHP engine section, a control room, and a process room. The process room contains the substrate manifold and process pumps used to distribute the influent and effluent streams. The control cabinets for the CHP and the main plant process are situated in a separated controls and electrical room. Equipment procurement & equipment installation As stated above, the EUCOlino system is simple, flexible and can be easily integrated into already-established operations. It is characterized by small space requirements due to its modular structure. The different plant components are pre-manufactured and shipped as complete systems from the supplier, which minimizes additional assembly work and time on site. BIOFermTM is working to establish a manufacturing facility for EUCOlino in the United States. Manufacturing EUCOlino domestically will reduce shipping expenses and overall cost of the unit. All system components are sourced locally to avoid delays in repair and maintenance of equipment. Operations & maintenance As designed, the biogas plant requires two to four hours of attendance daily for: feedstock loading into the digester and PASCO feeder, routine maintenance, and monitoring duties of all components and parameters—including final screening and compost-ready solids production, if included. All biogas system functions are 100% automated, and the control system may be accessed from any computer with an internet connection. Functions can be included to dial an unlimited amount of telephone numbers in case of an alarm. Land requirement The EUCOlino digester container has a footprint of approximately 800ft2. It is recommended to contain the PASCO feeder, digestate separator, and feedstock receiving and storage inside a building to control odors; alternatively, at a minimum, they may be located under cover. The whole unit, PASCO feeder, digestate separator, digester and CHP, will have a combined footprint of 100 feet x 15 feet. 232 of 476 Page | 6 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com MANAGEMENT TEAM PROFILE Nadeem Afghan – President and CEO Mr. Afghan is the President and CEO of BIOFerm™ Energy Systems. He received his Bachelors of Science degree and Master in Electrical Engineering at San Diego State University; he remained in the area for several years after graduation in various engineering and sales managing positions. Although he grew up in San Diego, his passion for renewable energy eventually led him to relocate to Madison, Wisconsin. There, he has been able to pursue his current career at BIOFermTM Energy Systems, and now lives happily with his wife and two children. Under Mr. Afghan’s leadership, BIOFerm™ successfully employed North America’s first commercial -scale Dry Anaerobic Digestion system—the facility processes food waste from Oshkosh, Wisconsin. Also during this time, BIOFermTM continues to push limits through the installation of the industry’s first small -scale digester at the family dairy, Allen Farms, and has been able to offer AD to process biosolids for the City of Akron. BIOFerm TM continues to flourish and successfully follow in the footsteps of Viessmann with his guidance. Ronald Eberhard – Chief Operating Office Mr. Eberhard is the Chief Operating Officer of BIOFerm™ Energy Systems. He has a global background of more than 20 years of management experience in project management, production, product development and engineering. He has successfully established and grown businesses in the United States, South America, Europe and Asia. He received a Master of Science in Electrical Engineering degree from the Technical University of Vienna, Austria and a MBA degree from the Rotterdam School of Management at the Erasmus University, The Netherlands. Christine McKiernan – Vice President of Technology and Development Ms. McKiernan is the Vice President of Development and Technology of BIOFerm™ Energy Systems. She has been engaged in the water and wastewater arena for 28 years actively designing, constructing, operating, and troubleshooting projects in anaerobic and aerobic treatment. Through her participation in various projects and as Director of Engineering for Microgy, she oversaw the process design and technology evaluation, process troubleshooting, and project engineering. She has reviewed and designed anaerobic treatment facilities for the capture of methane from biogenic waste materials such as food processing waste, agricultural crops, and animal slaughter. Ms. McKiernan holds both a Bachelor of Science degree in Mechanical Engineering and a Master’s Degree in Environmental Engineering from New Jersey Institute of Technology. 233 of 476 Page | 7 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com KEY STAFF MEMBERS Steven Sell – Manager Application Engineering Mr. Sell is a Manager Application Engineering and Biologist at BIOFerm™. He has a Bachelor of Science degree in Biological Systems Engineering from the University of Wisconsin—Madison and a Master of Science degree in Agricultural and Biosystems Engineering from Iowa State University. He has performed work in the area of co-substrate anaerobic digestion and assisted in the commissioning of the first dry fermentation system in the Americas located in Oshkosh, Wisconsin. Douglas Renk – Biological Commissioning Engineer Mr. Renk is responsible for the biological commissioning of BIOFerm™’s Energy Systems’ anaerobic digestion plants. Mr. Renk is directly involved with the commercial and industrial dry fermenters for organics recycling and renewable energy, as well as small-scale digesters for agricultural, food waste, and biosolids applications. Mr. Renk assists clients in establishing operation protocol and process management. As an biological commissioning engineer, he assesses client’s material potential value to help match goals with anticipated results. Mr. Renk received his M.S. in Agricultural and Biological Engineering from the University of Florida. Felix Layher – Product Manager Mr. Layher is BIOFerm™ Energy Systems’ Product Manager for projects in the United States. He has a Master’s Degree in Architecture and Urban Planning from the University of Stuttgart in Stuttgart, Germany. He has previous project management experience with Bangart Krawczyk Architects in Vaihingen/Enz, Germany. Mr. Layher has made a significant contribution to the successful transfer of dry fermentation, wet anaerobic digestion, and small-scale anaerobic digestion technology from Germany to the United States. 234 of 476 Page | 8 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com SCOPE OF SERVICES Project Conception Identification of specific needs and requirements Evaluation of applicable technologies Project modeling Feasibility Analysis Energy requirements Biomass analysis including laboratory testing of feedstock Economic feasibility Establishment of operational parameters Plant design contract Project cost estimation Project Development Turnkey application of technology solutions Management of plant construction Equipment installation and validation Monitoring of plant start-up and trial period Training of facility operator Guaranteed minimum gas production level attained Plant validation by independent certifying body Post-Sales Support Logistics partners for additional support including operation Extended warranty options Recalibration for Changes in Input Operation Maintenance and Operation Contracts 235 of 476 Page | 9 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com CASE STUDIES AND PLANT REFERENCES BIOFerm™ Dry Fermentation Plant at the University of Wisconsin – Oshkosh The biodigester at UW Oshkosh is the first industrial-scale dry fermentation anaerobic digestion (AD) plant in the Americas. The facility will serve as a living, learning laboratory for students and faculty. Additionally, it will further the University’s goals to create a truly sustainable campus with the goal to have a net zero impact upon the climate and environment. Plant Dimensions and Process Total footprint is 19,000 square feet (storage area 2,000 square feet, mixing area 7,800 square feet). There are four fermentation vessels, each 70’ x 23’ x 16.7’. Each cycle is 28 days, with a maximum of 13 material exchanges per year – approximately 150 tons of fresh material per exchange. Feedstock The plant is designed to handle up to 10,000 tons per year of organics, such as food waste, yard waste, and crop residuals. These materials are sourced under contractual agreements between the University and its suppliers. Odor Control An enclosed mixing lobby prevents odorous process air from escaping into the environment. The mixing lobby is ventilated with up to 2.6 air exchanges per hour. The process air is released to the atmosphere via a biofilter. Power Production 370 kWel continuous power engine (combined heat and power unit, CHP) 370 kW electric capacity 495 kW thermal capacity Average energy production (based on 370 kW in summer, 225 kW in winter months) = 2,320,000 kWh = 7,918 MMBTU Capital Investment: $3.5 million Facility Contact: Brian Langolf Plant Manager - UWO Biodigester E-mail: langolfb@uwosh.edu Office Phone: (920) 424-0767 755 Dempsey Trail Oshkosh, WI 54901 236 of 476 Page | 10 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com Schmack Biogas Plant at KB BioEnergy, Akron, Ohio KB BioEnergy’s anaerobic digester was first constructed in 2007 to process wastewater sewage sludge from the city’s municipal treatment plant. An expansion of the facility in 2013 allows the digester to process 100% of the sewage sludge from the wastewater treatment facility and create additional renewable energy. The system was built as a joint venture between the City of Akron and KB BioEnergy. The highly successful plant is a Schmack EUCO® Titan system and was the first of its kind to be installed in the U.S. by Schmack Biogas, a member of the Viessmann Group. Plant Technology and Process The plant consists of three Schmack EUCO® plug flow digesters, one All-in-One (AIO) technical container, three Schmack COCCUS® complete mix digesters, and three additional 600 kW MWM engines. The biosolids are added into the EUCO® where the first stage of anaerobic digestion, hydrolysis, takes place. From EUCO®, the feedstock is pumped into COCCUS® where the anaerobic digestion process is completed. The effluent is separated into a liquid phase and a solid phase. The solid phase is further composted. Feedstock The plant is designed to handle up to 15,000 tons of dry biosolids per year. The biosolids have a maximum solids content of 15% total solids. Power Production—Initial Plant (2007) 330 kWel continuous power engine (combined heat and power unit, CHP) 330 kW electric capacity 405 kW thermal capacity Power Production—Plant Expansion (2013) 1.2 MWel continuous power engine (combined heat and power unit, CHP) 10,512 MW electric capacity 1.3 MW thermal capacity Capital Investment: $7 million for initial facility + $32 million for plant expansion Facility Contact: Ms. Annette Berger Phone: (216) 470-5980 2677 Riverview Road Akron, OH 44313-4719 237 of 476 Page | 11 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com BIOFerm™ Plug-and-Play Digester at Allen Farms, Oshkosh, WI Construction of the Allen Farms’ small-scale, plug-and-play biodigester began in Fall 2012 to process manure and bedding from the farm’s 136 dairy cows. Herd size and progressive farming practices made Allen Farms an ideal partner for the University of Wisconsin —Oshkosh’s and BIOFerm™ Energy System’s first United States installation of the small-scale digester system, EUCOlino. The system creates electricity that is sold back to the grid and used for on-farm needs, increasing the farm’s sustainability. Plant Dimensions and Process The total system footprint is 2,460 square feet. The plant consists of two EUCOlino fermentation vessels, each measuring 55.7’ x 11.5’ x 11.5’, and a PASCO feeding hopper with 13’ x 30’ dimensions. Feedstock The plant is designed to handle up to 2,000 tons of the farm’s manure and animal bedding each year, which will be supplemented by parlor wash water, lactose pellets, and fats, oils, and grease (FOGS). The overall solids content of the feedstock mixture will be around 17%. Opportunities BIOFerm™ Energy System’s integration of the EUCOlino digester onto Allen Farms extends the opportunity for digester investment to the thousands of United States dairies with 100-500 cows. This installation also paves the way for other U.S. operations with limited space or waste streams. Power Production 64 kWel continuous power engine (combined heat and power unit, CHP) 64 kW electric capacity 101 kW thermal capacity Average annual energy production = 512,000 kWh electrical production = 2,778 MMBTU thermal production Capital Investment: $1.2 million Facility Contact: Felix Layher Phone: (608) 229-6506 440 Science Drive, Ste 300 Madison, WI 53711 238 of 476 Page | 12 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com BIOFerm™’s Complete Mix Reactor at Rosendale Dairy, Oshkosh, WI Rosendale Dairy, the largest dairy in Wisconsin, installed a 1.4 MW wet fermentation digester system in the spring of 2013. The project includes not only utilizing manure from the dairy’s 8,500 cows to make biogas, but also the creation of a public education center and a research laboratory for UW-Oshkosh students and staff. The site will also serve as a training facility for future biogas operators. The project is the third digester in collaboration between the University of Wisconsin—Oshkosh and BIOFerm™ Energy Systems. Plant Dimensions and Process The anaerobic digestion portion of the facility’s footprint is approximately 12,059 square feet: the two COCCUS tanks are a combined 10,053 square feet, the pump building is 506 square feet, the mechanical building is 1,080 square feet and the separator mezzanine is 420 square feet. Feedstock The plant system is designed to process approximately 240 tons of manure a day. Power Production 1.4 MWel continuous power engine (combined heat and power unit, CHP) 1.4 MW electric capacity 1.5 MW thermal capacity Expected annual energy production = 11.8 million kWh electrical production = 12.5 million MMBTU thermal production Capital Investment: $7.6 million Facility Contact: Scott Rataczak Phone: (608) 287-8602 440 Science Drive Madison, WI 53711 239 of 476 Page | 13 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com Germany Schmack 100 Active 1995 Germany Schmack 30 Active 1995 Germany Schmack 37 Active 1996 Germany Schmack 37 Active 1996 Germany Schmack 50 Active 1996 Germany Schmack 320 Active 1997 Germany Schmack 37 Active 1997 Germany Schmack 225 Active 1998 Germany Schmack 37 Active 1998 Germany Schmack 6 Active 1998 Germany Schmack 37 Active 1998 Germany Schmack 37 Active 1998 Germany Schmack 37 Active 1998 Germany Schmack 65 Active 1998 Germany Schmack 37 Active 1999 Germany Schmack 150 Active 1999 Germany Schmack 37 Active 1999 Germany Schmack 22 Active 1999 Germany Schmack 45 Active 1999 Germany Schmack 40 Active 1999 Germany Schmack 28 Active 1999 Germany Schmack 75 Active 1999 Germany Schmack 20 Active 1999 Germany Schmack 75 Active 1999 Germany Schmack 50 Active 2000 Germany Schmack 80 Active 2000 Germany Schmack 55 Active 2000 Germany Schmack 240 Active 2000 Germany Schmack 80 Active 2000 Germany Schmack 290 Active 2000 Germany Schmack 80 Active 2000 Germany Schmack 130 Active 2000 Germany Schmack 160 Active 2000 Germany Schmack 223 Active 2000 Germany Schmack 80 Active 2000 Germany Schmack 30 Active 2000 Germany Schmack 55 Active 2000 Germany Schmack 11 Active 2000 Germany Schmack 30 Active 2000 Japan Schmack 65 Active 2000 Japan Schmack 37 Active 2000 Germany Schmack 70 Active 2001 Germany Schmack 320 Active 2001 Germany Schmack 240 Active 2001 Germany Schmack 55 Active 2001 Germany Schmack 80 Active 2001 Germany Schmack 185 Active 2001 Germany Schmack 140 Active 2001 Germany Schmack 160 Active 2001 Germany Schmack 130 Active 2001 Germany Schmack 240 Active 2001 Country Trademark Status Start-upElectrical Power kW Gas power kW Repowering Electrical power kW BIOFERM™COMPLETE REFERENCE LIST 240 of 476 Page | 14 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com Repowering Electrical power kW Germany Schmack 80 Active 2001 Germany Schmack 40 Active 2001 Germany Schmack 240 Active 2001 Germany Schmack 800 Active 2001 Germany Schmack 55 Active 2001 Germany Schmack 55 Active 2001 Germany Schmack 55 Active 2001 Germany Schmack 55 Active 2001 Germany Schmack 110 Active 2001 Germany Schmack 80 Active 2001 Germany Schmack 80 Active 2001 Germany Schmack 180 Active 2001 Germany Schmack 55 Active 2001 Germany Schmack 30 Active 2001 Germany Schmack 55 Active 2001 Germany Schmack 80 Active 2001 Germany Schmack 160 Active 2001 Japan Schmack 50 Active 2001 Japan Schmack 35 Active 2001 Japan Schmack 30 Active 2001 Japan Schmack 80 Active 2001 Germany Schmack 80 Active 2002 Germany Schmack 600 Active 2002 Germany Schmack 55 Active 2002 Germany Schmack 250 Active 2002 Germany Schmack 660 Active 2002 Germany Schmack 40 Active 2002 Germany Schmack 80 Active 2002 Germany Schmack 347 Active 2002 Germany Schmack 240 Active 2002 Germany Schmack 300 Active 2002 Germany Schmack 300 Active 2002 Germany Schmack 600 Active 2002 Germany Schmack 300 Active 2002 Germany Schmack 100 Active 2002 Germany Schmack 110 Active 2002 Japan Schmack 55 Active 2002 Japan Schmack 30 Active 2002 Japan Schmack 400 Active 2002 Luxemburg Schmack 540 Active 2002 Germany Schmack 175 Active 2003 Germany Schmack 80 Active 2003 Germany Schmack 100 Active 2003 Germany Schmack 160 Active 2003 Germany Schmack 175 Active 2003 Germany Schmack 175 Active 2003 Japan Schmack 80 Active 2003 Austria Schmack 500 Active 2003 Germany Schmack 400 Active 2004 Germany Schmack 107 Active 2004 Germany Schmack 110 Active 2004 Gas power kWElectrical Power kWTrademarkCountry Start-upStatus 241 of 476 Page | 15 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com Germany Schmack 175 Active 2004 Germany Schmack 310 Active 2004 Germany Schmack 100 Active 2004 Germany Schmack 175 Active 2004 Germany Schmack 250 Active 2004 Germany Schmack 191 Active 2004 Germany Schmack 191 Active 2004 Germany Schmack 185 Active 2004 Germany Schmack 185 Active 2004 Japan Schmack 110 Active 2004 Japan Schmack 30 Active 2004 Austria Schmack 1.067 Active 2004 Austria Schmack 250 Active 2004 Austria Schmack 250 Active 2004 Austria Schmack 250 Active 2004 Austria Schmack 500 Active 2004 Austria Schmack 250 Active 2004 Austria Schmack 500 Active 2004 Austria Schmack 500 Active 2004 Germany Schmack 100 Active 2005 Germany Schmack 100 Active 2005 Germany Schmack 347 Active 2005 Germany Schmack 185 Active 2005 Germany Schmack 526 Active 2005 Germany Schmack 526 Active 2005 Germany Schmack 65 Active 2005 Germany Schmack 347 Active 2005 Germany Schmack 526 Active 2005 Germany Schmack 185 Active 2005 Germany Schmack 110 Active 2005 Germany Schmack 185 Active 2005 Germany Schmack 185 Active 2005 Germany Schmack 711 Active 2005 Germany Schmack 185 Active 2005 Germany Schmack 526 Active 2005 Germany Schmack 347 Active 2005 Germany Schmack 347 Active 2005 Germany Schmack 185 Active 2005 Germany Schmack 700 Active 2005 Germany Schmack 5.7 Active 2005 Germany Schmack 185 Active 2005 Germany Schmack 185 Active 2005 Germany Schmack 3.066 Active 2006 Germany Schmack 185 Active 2006 Germany Schmack 185 Active 2006 Germany Schmack 625 Active 2006 Germany Schmack 700 Active 2006 Germany Schmack 185 Active 2006 Germany Schmack 500 Active 2006 Germany Schmack 625 Active 2006 Germany Schmack 625 Active 2006 Country Trademark Repowering, Electrical power kW Electrical Power kW Gas power kW Status Start-up 242 of 476 Page | 16 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com Germany Schmack 185 Active 2006 Germany Schmack 500 Active 2006 Germany Schmack 625 Active 2006 Germany Schmack 347 Active 2006 Germany Schmack 185 Active 2006 Germany Schmack 347 Active 2006 Germany Schmack 347 Active 2006 Germany Schmack 200 Active 2006 Germany Schmack 147 Active 2006 Germany Schmack 347 Active 2006 Germany Schmack 185 Active 2006 Holland Schmack 1 Active 2006 Italy Schmack 845 Active 2006 Germany Schmack 185 Active 2007 Germany Schmack 526 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 347 Active 2007 Germany Schmack 526 Active 2007 Germany Schmack 347 Active 2007 Germany Schmack 703 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 185 Active 2007 Germany Schmack 625 Active 2007 Germany Schmack 499 Active 2007 Germany Schmack 640 Active 2007 Germany Schmack 845 Active 2007 Germany Schmack 640 Active 2007 Germany Schmack 347 Active 2007 Germany Schmack 640 Active 2007 Germany Schmack 185 Active 2007 Germany Schmack 640 Active 2007 Germany Schmack 640 Active 2007 Germany Schmack 347 Active 2007 Germany Schmack 525 Active 2007 Germany Schmack 1.416 Active 2007 Germany Schmack 185 Active 2007 Germany Schmack 640 Active 2007 Germany Schmack 640 Active 2007 Germany Schmack 640 Active 2007 Germany Schmack 640 Active 2007 Germany Schmack 1 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 625 Active 2007 Germany Schmack 1.2 Active 2007 Germany Schmack 270 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 640 Active 2007 Germany Schmack 625 Active 2007 Germany Schmack 347 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 500 Active 2007 Country Trademark Electrical Power kW Gas power kW Status Repowering Electrical power kW Start-up 243 of 476 Page | 17 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com Repowering Electrical power kW Germany Schmack 500 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 500 Active 2007 Germany Schmack 499 Active 2007 Germany Schmack 420 Active 2007 Germany Schmack 703 Active 2007 Germany Schmack 625 Active 2007 Germany Schmack 250 Active 2007 Germany Schmack 499 Active 2007 Italy Schmack 999 Active 2007 Italy Schmack 972 Active 2007 Italy Schmack 972 Active 2007 Italy Schmack 999 Active 2007 Italy Schmack 999 Active 2007 Italy Schmack 625 Active 2007 Italy Schmack 625 Active 2007 Italy Schmack without CHP Active 2007 Germany Schmack 526 Active 2008 Germany Schmack 526 Active 2008 Germany Schmack 5.7 Active 2008 Germany Schmack 500 Active 2008 Germany Schmack 640 Active 2008 Germany Schmack 1.052 Active 2008 Germany Schmack 625 Active 2008 Germany Schmack 1.4 Active 2008 Germany Schmack 694 Active 2008 Germany Schmack 700 Active 2008 Germany Schmack 526 Active 2008 Germany Schmack 640 Active 2008 Germany Schmack 526 Active 2008 Germany Schmack 347 Active 2008 Germany Schmack 499 Active 2008 Germany Schmack 500 Active 2008 Germany Schmack 640 Active 2008 Germany Schmack 1.416 Active 2008 Germany Schmack 350 Active 2008 Germany Schmack 526 Active 2008 Germany Schmack 11.5 Active 2008 Germany Schmack 1.432 Active 2008 Germany Schmack 700 Active 2008 Germany Schmack 5.7 Active 2008 Germany Schmack 700 Active 2008 Germany Schmack 700 Active 2008 Germany Schmack 6.9 Active 2008 Germany Schmack 250 Active 2008 Germany Schmack 700 Active 2008 Italy Schmack 998 Active 2008 Gas power kWElectrical Power kWCountryTrademark Status Start-up 244 of 476 Page | 18 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com Italy Schmack 999 Active 2008 Italy Schmack 999 Active 2008 Italy Schmack 999 Active 2008 Poland Schmack 2.126 Active 2008 USA Schmack 500 Active 2008 Germany Schmack 350 Active 2009 Germany Schmack 700 Active 2009 Germany Schmack 250 Active 2009 Germany Schmack 185 Active 2009 Germany Schmack 185 Active 2009 Italy Schmack 999 Active 2009 Italy Schmack 999 Active 2009 Italy Schmack 999 Active 2009 Italy Schmack 999 Active 2009 Germany Schmack 11.5 Active 2010 Germany Schmack 6.5 Active 2010 Germany Schmack 250 Active 2010 Germany Schmack 350 Active 2010 Germany Schmack 250 Active 2010 Germany Schmack 250 Active 2010 Germany Schmack 350 Active 2010 England Schmack 2 Active 2010 Turkey Schmack 350 Active 2010 Germany Schmack 3.7 Active 2010 Italy Schmack 845 Active 2010 Italy Schmack 844 Active 2010 Italy Schmack 999 Active 2010 Italy Schmack 999 Active 2010 Italy Schmack 999 Active 2010 Italy Schmack 625 Active 2010 Italy Schmack 999 Active 2010 Italy Schmack 999 Active 2010 Italy Schmack 999 Active 2010 Italy Schmack 999 Active 2010 Germany Schmack 6.9 Active 2011 Germany Schmack 500 Active 2011 Germany Schmack 250 Active 2011 Germany Schmack 185 Active 2011 Germany Schmack 500 Active 2011 Germany Schmack 500 Active 2011 Germany Schmack 8.05 Active 2011 Germany Schmack 100 Active 2011 Germany Schmack 250 Active 2011 Germany Schmack 365 Active 2011 Germany Schmack 625 Active 2011 Germany Schmack 250 Active 2011 Germany Schmack 365 Active 2011 Germany Schmack 365 Active 2011 Germany Schmack 7.5 Active 2011 Germany Schmack 7.5 Active 2011 Germany Schmack 6.9 Active 2011 Gas power kW Repowering Electrical power kW Status Start-upCountryTrademarkElectrical Power kW 245 of 476 Page | 19 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com Germany Schmack 7.5 Active 2011 Germany Schmack 185 Active 2011 Germany Schmack 250 Active 2011 Germany Schmack 3.7 Active 2011 Germany Schmack 250 Active 2011 Germany Schmack 185 Active 2011 Italy Schmack 625 Active 2011 Italy Schmack 999 Active 2011 Italy Schmack 990 Active 2011 Italy Schmack 999 Active 2011 Italy Schmack 999 Active 2011 Italy Schmack 999 Active 2011 Italy Schmack 999 Active 2011 Italy Schmack 999 Active 2011 Italy Schmack 999 Active 2011 Italy Schmack 999 Active 2011 Italy Schmack 999 Active 2011 Germany Schmack 250 Active 2012 Germany Schmack 365 Active 2012 Germany Schmack 380 Active 2012 Germany Schmack 75 Active 2012 Germany Schmack 36 Active 2012 Germany Schmack 7.5 Active 2012 Germany Schmack 11.5 Active 2012 Slovenia Schmack 600 Active 2012 Belgium Schmack 2.8 Active 2012 Germany Schmack 365 Active 2012 Germany Schmack 366 Active 2012 Germany Schmack only Separator Active 2012 Italy Schmack 365 Active 2012 Italy Schmack 999 Construction 2013 Italy Schmack 75 Active 2012 Italy Schmack 999 Construction 2013 Italy Schmack 100 Licencing 2013 Italy Schmack 100 Licencing 2013 Italy Schmack 100 Licencing 2013 Germany Schmack 100 Active Germany Schmack 75 Active Germany Schmack 37 Active Germany Schmack 500 Active Germany Schmack 80 Active Germany Schmack 110 Active Germany Schmack 150 Active Germany Schmack 140 Active Germany Schmack 395 Active Germany Schmack 185 Active Germany Schmack 6 Active Germany Schmack 160 Active Germany Schmack 80 Active Germany Schmack 165 Active Germany Schmack 366 Active Status Start-up Repowering Electrical power kW Country Trademark Electrical Power kW Gas power kW 246 of 476 Page | 20 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com Germany Schmack 75 Active Germany Schmack 3 Active 2013 Germany Schmack Construction Turkey Schmack 8 Licensing Germany Schmack 7.5 Active Germany Schmack 600 Licensing Germany Schmack 700 Construction Germany Schmack 700 Construction Italy Schmack 845 Active Japan Schmack 30 Active 2001 Japan Schmack 55 Active 2001 Japan Schmack 30 Active 2001 Japan BIOFerm 135 Active 2004 Germany BIOFerm 180 Active 2006 Germany BIOFerm 160 Active 2006 Germany BIOFerm 180 Active 2006 Germany BIOFerm 45 Active 2006 Germany BIOFerm 840 Active 2006 Germany BIOFerm 100 Active 2006 Germany BIOFerm 160 Active 2006 Germany BIOFerm 380 Active 2006 Germany BIOFerm 100 Active 2006 Germany BIOFerm 100 Active 2006 Germany BIOFerm 135 Active 2006 Germany BIOFerm 190 Active 2006 Germany BIOFerm 526 Active 2006 Germany BIOFerm 200 Active 2007 Germany BIOFerm 660 Active 2007 Germany BIOFerm 45 Active 2007 Germany BIOFerm 180 Active 2007 Germany BIOFerm 380 Active 2007 Germany BIOFerm 750 Active 2007 Germany BIOFerm 100 Active 2007 Germany BIOFerm 526 Active 2007 Germany BIOFerm 40 Not active 2008 Germany BIOFerm 190 Active 2008 Germany BIOFerm 700 Active 2008 Czech Rep.BIOFerm 526 Active 2009 Germany BIOFerm 190 Active 2010 Italy BIOFerm 910 Active 2010 USA BIOFerm 380 Active 2012 Italy BIOFerm 999 Active 2013 Germany BIOFerm 135 Active 2008 Germany BIOFerm 549 Active 2012 Germany BIOFerm 610 Active Germany BIOFerm 440 Active 2010 Germany BIOFerm 600 Not active Scotland BIOFerm 1.8 Active 2013 Germany Only water Active 2011 Country Trademark Electrical Power kW Gas power kW Status Start-up Repowering Electrical power kW 247 of 476 Page | 21 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com 248 of 476 Page | 22 BIOFermTM Energy Systems www.BIOFermEnergy.com info@BIOFermEnergy.com 165.165 131.05 5.059 353 18 31 Country Trademark Electrical Power kW Gas power kW Status Start-up Repowering Electrical power kW 249 of 476 W.M. Sprinkman Corporation True to founder Walter Mendenhall Sprinkman’s vision, we’re still a fa mily-owned company providing high-quality stainless steel process systems and tanks to the sanitary food and beverage markets. We specialize in engineering, building, installing and servicing the total process systems that keep our customers – dairy processors, food and beverage processors, and craft brewers throughout North America – running efficient and profitable operations. With more than 90 employees working from our two facilities in Franksville and Elroy, Wisconsin, we're big enough to handle any job you have while still being small enough to care about getting it done right – according to your specs, on time and within your budget. Significant growth over the years … Our story starts in 1929 Milwaukee, when an enterprising young inventor, W.M. Sprinkman, patented two stainless steel filters. Building a steady business, he opened a Chicago office in 1960, the same year his son, Robert (Bob), joined the company. Sprinkman experienced a growth spurt in the 80’s, acquiring Chicago -based Illinois Creamery Supply in 1982 and Waterloo, Iowa based Midwest Food Supply Co. just six years later. In 1994, the company consolidated our Wisconsin, Iowa and Illinois offices under one roof in Franksville, Wisconsin, where we're headquartered today. We fortified our manufacturing operations in 2000 with the acquisition of Winchell Welding and Manufacturing based in Elroy, Wisconsin. ... But we remain small enough to care. Today Bob serves as President while Brian, his son and Walter’s grandson, serves as Executive Vice President. Both remain committed to keeping the Sprinkman name synonymous with high-quality stainless steel process systems and tanks. https://www.youtube.com/watch?v=ji5A84LSSBE https://www.youtube.com/watch?v=VWX9Vg7T_Iw 250 of 476 Designed, engineered, and made in the USA to ensure MAXIMUM BREWNESS in a system custom- designed, for the beer you love to brew. Show your beers you care. Craft them in a Sprinkman system & let your imagination flow! Brewery Reference List CUSTOMER CITY STATE CONTACT Phone EMAIL SIZE Against the Grain Louisville KY Jerry Gnagy 502-396-7203 jerry@atgbrewery.com 30 BBL Arcadia Ales Battle Creek MI Tim Surprise 269-963-9520 tsuprise@arcadiaales.com 50 BBL Coastal Empire Beer Co. Savannah GA Kevin Haborak 912-428-7911 kevin.haborak@coastalempirebeer.com 20 BBL Blackberry Farm Walland TN Roy Milner 615-585-4228 roy@blackberryfarm.com 20 BBL Blackberry Farm Walland TN Daniel Heisler 865-984-8166 dheisler@blackberryfarm.com 20 BBL Burnt Hickory Brewing Kennesaw GA Scott Hedeen 404-788-8828 20 BBL East Coast Point Pleasant Beach NJ John Merklin 732-202-7782 merk@beachhausbeer.com 30 BBL East Coast Point Pleasant Beach NJ Tom Przyborowski 732-202-7782 tom@beachhausbeer.com 30 BBL Empirical Brewing Chicago IL Bill Hurley 312-909-7509 bill.hurley@empiricalbrewery.com 30 BBL Flathead Lake Brewing Co. Big Fork MT Tim Jacoby 406-837-0353 brewer@flatheadlakebrewing.com 30 BBL Grist Brewing Co. Castle Pines CO Rob Kevwitch 480-467-9676 rkevwitch@gmail.com 20 BBL Land Grant Brewing Columbus OH Adam Benner 614-398-1622 adam@landgrantbrewing.com 20 BBL Lucky Town Jackson MS Lucas Simmons 601-667-9633 lucas@luckytownbrewing.com 20 BBL Maui Brewing Co. Lahaina HI Garrett Marrero 808-280-4687 G@MauiBrewingCo.com 25 and 50 BBL Smylie Bros. Brewing Winnetka IL Michael Smylie 847-858-5664 mfsmylie@gmail.com 10 BBL Stevens Point Brewing Stevens Point WI Gabe Hopkins 715-344-9310 ghopkins@pointbeer.com Corporate Office: 4234 Courtney Street • P.O. Box 390 • Franksville, WI 53126-0390 Phone (262) 835-2390 • Toll Free (800) 816-1610 • Fax (262) 835-4325 Tank Manufacturing Facility: 1002 Academy Street • P.O. Box 57 • Elroy, WI 53929 Phone (608) 462-8456 • Toll Free (866) 611-8456 • Fax (608) 462-8774 www.sprinkman.com 251 of 476 Current Projects: The only project currently planned for the Smylie Bros. team from now until 2018 is the construction of an expansion brewery and taproom to meet and keep up with current demand for its products. Smylie Bros. is currently operating at production capacity and has been approached by multiple beer wholesalers to expand its distribution throughout metropolitan Chicago. The expansion brewery will be three times larger than the current brewery at 1615 Oak Ave. This expansion will include a taproom and event space overlooking the beer production area as well as an outdoor seasonal beer garden and possible music venue. The Smylie Bros. team plans to incorporate an anaerobic digester as part of a spent brewing grain disposal program for the brewery. This digester will provide heat and electricity for the brewery while sending additional energy produced back to the local grid. The digester also produces a high quality compost-like material called ‘digestate’ as the byproduct of its anaerobic activity. Smylie Bros. proposes to partner with the City in distributing digestate for use in residential and City gardens. The Smylie Bros. team is considering the space at 2222 Oakton as well as another location owned by the City of North Chicago for the proposed expansion. The expansion brewery with associated tap room, event space, beer garden and digester will cost an estimated $3 million to build and take roughly a year to complete. When in operation the new facility is estimated to employ nearly 25 new staff members in addition to the 60 already working at the Oak Street location. The construction will likely be completed in stages to allow for beer production as soon as possible in order to generate income from operations. The Smylie Bros. team is currently responsible for the day to day operations of the brewpub at 1615 Oak Ave. This restaurant and brewery has operated for almost a year and has a solid management team in place to make sure the directors have the ability to begin new projects. The brewpub’s acting GM has nearly 20 years of industry experience and is in house daily to oversee operations. The pursuit of the expansion project and its associated build out will not affect the day to day operations of the existing brewpub. The brewpub was built with the idea that an expansion project would be eventually necessary to keep up with demand for the branded products. Financial Information: Funding Summary: Smylie Bros. intends to self-finance the new enterprise - just as it did with the $5 million dollar Oak Street location. Michael Smylie, along with his 4 siblings, Mother and a single outside investor will provide funding from private resources. Source of Financing: Self-financing (family capital) Evidence of Interest: Self-evident from Smylie Brothers response to Request for Qualifications. Michael Smylie is Managing Director for all LLCs mentioned in this response as participating and speaks on behalf of his family and the outside investor. Litigation and Disputes: None of the LLCs, Principals, Members, or Directors involved in this Response are party to any dispute or litigation at this time. 252 of 476 References: Nic Brown 2234 W. North Ave Chicago, IL 60647 Ph. 773.227.2850 nbrown@lgdevelopmentgroup.com Jeff Carlin 6100 W. 73rd St. #1 Chicago, IL 60638 Ph. 708.496.1700 jcarlin1749@sbcglobal.net Gerry Corcoran, CPA 222 S. Riverside Plaza #900 Chicago, IL 60606 Ph. 312.373.5000 corco@aol.com Todd P. Paul 1840 Oak Ave STE 125 Evanston, IL 60201 Ph. 312.380.5823 tpaul@alan-mitchell.com Point of Contact for Project: 253 of 476 Michael Smylie, 1078 Elm St. Winnetka, IL 60093 Business Phone: 224.999.7320 Cell Phone: 847.858.5664 Email Address: mfsmylie@gmail.com; msmylie@smyliebros.com 254 of 476 Michael F. Smylie 1078 Elm Street • Winnetka, IL 60093 847-858-5664 • msmylie@smyliebros.com EDUCATION The Illinois Institute of Art-Chicago December 2009 Bachelor of Applied Sciences Culinary Skills and Business Management Grade Point Average: 3.9, Dean’s list 2008-2009 Classical French and Italian Training including course work in American, Latin, and Asian cuisines, Baking and Pastry. Management coursework including: Beverage Operations, Human Resources, Purchasing, Information Systems and Property Management. Colorado State University, Ft. Collins, Colorado December 1999 Bachelor of Arts Liberal Arts, double minor: English and Sociology EXPERIENCE Smylie Brothers Brewing Co., Evanston, Illinois June 2012-Present CEO & Founder Oversaw 2 year planning/design/build out 250 seat restaurant and brewery Private event space for parties up to 300+ Landmark Grill and Lounge, Chicago, Illinois October 2009-December 2009 Bar Kitchen Manager/Intern Hot line station produced entrees and appetizers for bar and restaurant Operated charcoal grill and wood burning pizza oven Trained additional staff Aigre Doux, Chicago, Illinois May 2009-August 2009 Line Cook Garde Manger station-produced hot and cold appetizers, sauté items and pastas Prepped ingredients for dinner service Position ended due to closing of restaurant Café Lucci, Glenview, Illinois October 2008-March 2009 Prep Cook Production of daily soups Prepped ingredients for dinner service Waited tables R.J.O’Brien and Associates, Chicago, Illinois June 1995-January 2008 Assistant to Vice President of Institutional Marketing Managed 20-employee trading desk Oversaw execution of customer transactions, personal execution of customer orders in trading pits Utilized Microsoft Office suite to build presentations Knowledge of AS400 used in checking customer trades and account positions 255 of 476 BRIAN P. COLLINS 1046 W. Polk St., Chicago, Illinois (312) 371-4151 ▪ bcollins@pedersenhoupt.com _________________________________________________________________________ EXPERIENCE: Diverse experience representing various parties in private equity, finance and merger and acquisition transactions and acting as an outside general counsel to privately owned and closely-held businesses. PEDERSEN & HOUPT, P.C., Chicago, Illinois Partner, Chair of Corporate & Business Counseling Practice Group, August 2004 – Present Represent private equity funds in structuring and negotiating the terms of their equity and debt financial investments in private companies; Advise clients in the negotiations and drafting of merger and acquisition documentation, as well as assisting in structuring client's strategic alternatives; Represent regional and national lending institutions as well as borrowers on a wide range of commercial finance matters involving both traditional and creative lending methods; Act as outside general counsel to closely-help and privately owned business; Represent franchise owners in connection with the drafting of their franchise offering documents; Represent real estate developers on their land acquisitions and capital financing arrangements with lending institutions and private real estate investors; SHEFSKY & FROELICH LTD., Chicago, Illinois Corporate & Securities Associate, August 2002 – August 2004. Summer Associate, Summer 2000 and 2001 Drafted and advised public companies with their filing of 10-Ks, 10-Qs and 8-Ks; Drafted and advised clients in connection with securities registration statements, prospectuses, private placement memorandums and offering materials; Assisted insiders of publicly held companies with preparation and filing of forms and schedules with Securities and Exchange Commission; Researched and advised clients regarding aspects of corporate and securities law compliance; Drafted charters, bylaws, operating agreements and other organizational documents; Drafted employment, option and advisory agreements for publicly held companies; Conducted audit investigation for audit committee of publicly held company as a result of Sarbanes Oxley Act; Prepared merger and asset purchase agreements along with ancillary documentation in connection mergers, acquisitions and dispositions; Directed and conducted due diligence reviews on numerous M&A transactions; and Advised gaming entities and municipal bodies in connection with regulatory matters. EDUCATION: University of Illinois College of Law Doctor of Jurisprudence, cum laude, May 2002 Marquette University Bachelor of Finance, cum laude, May 1999 Recipient of Evans Scholarship – Full tuition scholarship granted by the Western Golf Association 256 of 476 Dear Johanna, Please find the due diligence information your office has requested below, if you have any questions feel free to contact me at your convenience. General Contractor information: Landmark Building Group is a general contractor based out of Winnetka, IL specializing in custom home construction. Tony Meyers founded Landmark in May 2015. Tony previously worked as Vice President of North Shore Builders, a division of the Ryan Building Group. Prior to working at North Shore Builders, Tony was the President of T&T Enterprises of SWFL, a custom home builder in Naples, Florida. His experience includes a wide variety of commercial and residential construction and development projects. He is a Certified General Contractor for the State of Florida with more than 15 years of experience as a senior project manager. As a hands-on team builder with solid management, operational, and communication skills, he has a reputation for completing jobs on-time and within budget. In addition to his extensive knowledge and experience in construction management, he possesses well-developed business skills. Tony has an undergraduate degree in Civil Engineering and Mathematics from the University of Kentucky and an Executive Masters in Business Administration (MBA) with a concentration in Finance from Florida Gulf Coast University. Project Timeline November 28, 2016: City Council to hear motion on Lease with Smylie Brothers Draft & Package for 2222 Oakton. December 2016: Smylie Brothers completes inspections of the property and applies for building permits. January 2017: Smylie Brothers begins demo/construction of property. February – August 2017: Construction of property continues. August 2017: Smylie Brothers Draft & Package applies for City of Evanston Liquor and Business License; construction of property continues. September 2017: Construction efforts completed and equipment testing begins. October 2017: Open for business. 257 of 476 - Please note that this is an accelerated timeline of proposed events, instances may occur during all phases of construction which may delay this timeline. Current/Pending Litigation Smylie Brothers Brewing Co. LLC is currently in litigation with Cintas Corp. over a breach of contract dispute. Cintas Corp claims that Smylie Brothers broke contract with them by having their ware washing machines removed from the brewpub prior to the completion of their contract. Smylie Brothers in turn claims that Cintas Corp. broke contract with Smylie Brothers by not adequately servicing the leased machines and leaving them in a constant state of disrepair rendering them unable to properly clean and sanitize flatware and dishes. Smylie Brothers offered to have Cintas Corp’s machines reinstalled to resolve the dispute but Cintas Corp refused and in turn filed suit against Smylie Brothers. Dun & Bradstreet Report The attached report reflects a low D&B number due to our 2.5-year business record. We also operate in an extremely risky environment, the food service industry. However, if one looks at our most recent Experian ProfilePlus report (attached) they will see we are current on all our revolving debt and have a low to medium risk of repayment with a Credit Ranking Score of 65. Related Documents Please find the related documents discussed in this letter along with other requested documentation attached to the email. Please let me know if I can provide you with any other information you may need to expedite processing on your end. Sincerely, Michael Smylie CEO & Founder Smylie Brothers Brewing Co. LLC msmylie@smyliebros.com 258 of 476 Experian Business Credit ProfilePlusSM Report as of: 11/16/16 14:49 ET Smylie Brothers Brewing Co, LLC Address:1615 Oak Ave Evanston, IL 60201-3611 United States Phone:224-999-7320 Website:smyliebros.com Experian BIN:974190192 Agent:Pedersen & Houpt, A Profession Agent Address:161 N Clark ST Ste 3100 Chicago, SIC Code:2082-Malt Beverages 5812-Restaurants NAICS Code:312120-Breweries 722000-Food Services And Drinking Places Business Type:Corporation Experian File Established:August 2013 Experian Years on File:3 Years Years in Business:17 Years Filing Data Provided by:Illinois Date of Incorporation:06/11/2012 Current Days Beyond Terms (DBT):0 Predicted DBT for 01/11/2017:1 Average Industry DBT:3 Payment Trend Indicator:Stable Lowest 6 Month Balance:$465 Highest 6 Month Balance:$41,250 Current Total Account Balance:$0 Highest Credit Amount Extended:$0 Payment Tradelines (see charts, detail):8 UCC Filings (see detail) (see summary):1 Businesses Scoring Worse: 64% Bankruptcies:0 Liens:0 Judgments Filed:0 Collections:0 Credit Summary Credit Ranking Score: 65 High Risk Low Risk The objective of the Credit Ranking Score is to predict payment behavior. High Risk means that there is a significant probability of delinquent payment. Low Risk means that there is a good probability of on-time payment. Key Score Factors: • Number of good commercial accounts. • Length of time on experian's file. • Percent of delinquent commercial accounts. • Nbr of leasing accts as pct of total nbr of accts. Recommended Action: Low To Medium Risk Payment Summary Experian ProfilePlus(sm) Report Page 1 of 3 259 of 476 *Percentage of on-time payments by month.*Percentage of on-time payments by quarter. Monthly Payment Trends - Recent Activity Date Current Up to 30 DBT 31-60 DBT 61-90 DBT >90 DBT 05/16 100%0%0%0%0% 06/16 100%0%0%0%0% 07/16 100%0%0%0%0% 08/16 100%0%0%0%0% 09/16 100%0%0%0%0% 10/16 100%0%0%0%0% Quarterly Payment Trends - Recent Activity Date Current Up to 30 DBT 31-60 DBT 61-90 DBT >90 DBT 09/15 100%0%0%0%0% 12/15 100%0%0%0%0% 03/16 100%0%0%0%0% 06/16 100%0%0%0%0% 09/16 100%0%0%0%0% *Continuous distribution with DBT. Insufficient information to produce Newly Reported Payment Trends chart. *Combined distribution with DBT. Trade Payment Information Payment Experiences (Financial Trades) Supplier Category Reported Date Activity Date Payment Terms Recent High Credit Balance Current Up to 30 DBT 31-60 DBT 61-90 DBT >90 DBT Comments Auto Rentl 11/08/16 Net 30 Auto Rentl 10/08/16 Net 30 Bank Card 10/26/16 Rev $63,536 $2,680 Bank 11/02/16 10/28/16 Mo $19,608 $15,217 Tradeline Experiences (Continuous Trades) Supplier Category Reported Date Activity Date Payment Terms Recent High Credit Balance Current Up to 30 DBT 31-60 DBT 61-90 DBT >90 DBT Comments Food 10/19/16 9/01/16 Cr Card Offc Suppl 11/02/16 1/08/16 Net 20 Packaging 11/02/16 12/14 Net 30 Cust 02 Yr Additional Tradeline Experiences (Aged Trades) Supplier Category Reported Date Activity Date Payment Terms Recent High Credit Balance Current Up to 30 DBT 31-60 DBT 61-90 DBT >90 DBT Comments Frght Fwrd 7/02/14 Other $324 $324 33% 67% Payment Trends Date Industry* DBT DBT Industry* Current Current Up to 30 DBT 31-60 DBT 61-90 DBT >90 DBT 10/16 3 0 92%100%0%0%0%0% 09/16 2 0 92%100%0%0%0%0% 08/16 3 0 91%100%0%0%0%0% 07/16 3 0 91%100%0%0%0%0% 06/16 2 0 92%100%0%0%0%0% 05/16 2 0 93%100%0%0%0%0% Experian ProfilePlus(sm) Report Page 2 of 3 260 of 476 *Industry: Malt Beverages UCC Filings Date:11/05/2015 Filing Number:020831464 Jurisdiction:Sec Of State IL Secured Party:American Express Bank, FSB Ut Salt Lake City 84184 4315 Sout Collateral:Hereafter Acquired Property, Other Assets (undefined) Activity:Filed UCC Filings Summary Filing Period Cautionary Filings Total Filed Total Released Total Continued Amended / Assigned 07/01/2016 0 0 0 0 0 01/01/2016 0 0 0 0 0 07/01/2015 1 1 0 0 0 01/01/2015 0 0 0 0 0 07/01/2014 0 0 0 0 0 07/01/2014 0 0 0 0 0 Cautionary UCC Filings include one or more of the following collateral: Accounts, Accounts Receivable, Contracts, Hereafter acquired property, Leases, Notes Receivable, or Proceeds. * The information herein is furnished in confidence for your exclusive use for legitimate business purposes and shall not be reproduced. Neither Experian nor its sources or distributors warrant such information nor shall they be liable for your use or reliance upon it. © 2016 Experian Information Solutions Inc. © 2016 Experian Information Solutions, Inc. All rights reserved. Experian and the Experian marks herein are service marks or registered trademarks of Experian. Experian ProfilePlus(sm) Report Page 3 of 3 261 of 476 262 of 476 263 of 476 Smylie Brothers Brewing Company, Llc DUNS: 07-079-1766 Dashboard Company Info Address: 1615 Oak Ave Evanston, IL 60201 DBA's: Phone: (224) 999-7320 Fax: URL: Location Type: Single location Risk Interpreter Risk of Debt Write-Off Based on the D&B Financial Stress Score, the probability of failure for this company in the next 12 months is 2.29%, which makes it a Moderate-High risk for you to incur a write-off. You can adjust your credit limits and collections strategies to reduce your exposure or increase your bad debt reserves to counter this risk. Low Risk High Risk Cash Flow Risk Based on the D&B Delinquency Predictor reporting a payment behavior of Slow and/or non-payments, this company is predicted to have a High risk of a negative impact to your cash flow. You can adjust your payment terms, credit limits and collections strategies to mitigate this risk. Low Risk High Risk Payment Behavior According to the D&B PAYDEX® Score, this company paid its vendors on average 19 days beyond credit terms. On Time 180 Days BT Scores PAYDEX®Delinquency Predictor Financial Stress Supplier Eval. Risk Rating Credit Limit Rec. DandB Rating Score 66 Score 416 Class 5 Score 1345 Class 4 Rating 6 Recommendation $0 Rating DS Recent Alerts There are currently no alerts issued for this company. If you only recently began monitoring this company, you will not receive your first alerts until score changes or events occur. To configure your alerts notification settings, please Payments Summary Current PAYDEX®: 66 Equal to 19 days beyond terms Industry Median:79 Equal to 2 DAYS BEYOND terms Payment Trend:Unchanged, compared to payments three months ago Total payment Experiences in D&Bs File (HQ):11 Payments Within Terms (not dollar weighted):66%264 of 476 Average Highest Credit:2,866 Largest High Credit:10,000 Highest Now Owing:5,000 Scores PAYDEX® 19 days beyond terms 66 67 3 Month PAYDEX® Trending & Industry Comparison Understanding My Score Payment History Total (Last 24 Months): 11 Date Paying Record High Credit Now Owes Past Due Selling Terms Last sale w/f (Mo. ) 09/2016 Ppt $100 $100 $0 1 mo 09/2016 Ppt-Slow 15 $10,000 $5,000 $0 1 mo 09/2016 Ppt-Slow 30 $1,000 $0 $0 N30 2-3 mos 09/2016 Ppt-Slow 120 $5,000 $50 $0 N30 1 mo 09/2016 (005)$0 ----Sales COD 1 mo Key PAYDEX®Payment Practices 100 Anticipate 90 Discount 80 Prompt 70 15 Days Beyond 60 22 Days Beyond Terms 50 30 Days Beyond Terms PAYDEX®Payment Practices 40 60 Days Beyond Terms 30 90 Days Beyond Terms 20 120 Days Beyond Terms 1-19 Over 120 Days Beyond Terms UN Unavailable 265 of 476 This Company (66)Industry Median: (79) Oct 2015 Nov 2015 Dec 2015 Jan 2016 Feb 2016 Mar 2016 Apr 2016 May 2016 Jun 2016 Jul 2016 Aug 2016 Sep 2016 This Company 56 57 55 65 63 63 63 63 63 66 66 66 Industry Quartiles Upper ----80 ----80 ----80 ----80 Medium ----79 ----79 ----79 ----79 Lower ----66 ----66 ----66 ----65 Based on payments collected over the last 4 quarters. Current PAYDEX® for this business is 66 , or equal to 19 days beyond terms The 12-month high is 66 , or equal to 19 days beyond terms. The 12-month low is 55 , or equal to 26 days beyond terms. The present industry median score is 79 , or equal to 2 days beyond terms. Industry upper quartile represents the performance of the payers in the 75th percentile Industry lower quartile represents the performance of the payers in the 25th percentile Delinquency Predictor Score High risk of severe payment delinquency over next 12 months Score 416 Class 5 Percentile 8% Understanding My Score Incidence of Delinquent Payment: Factors Affecting Your Score: Evidence of negative trade Among Companies with this Classification:53.10% Average compared to business in D&Bs database:10.20% 266 of 476 Trends - Scores, 12 Month My Company (416) Trends - Percentile, 12 Month Recent amount past due Limited time under present management control Proportion of slow payment experiences to total number of payment experiences reported Proportion of satisfactory balances to total payment balances reported Notes: The Delinquency Predictor Score Risk Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience severe delinquency. The probability of delinquency shows the percentage of firms in a given percentile that are likely to pay creditors in a severely delinquent manner. The average probability of delinquency is based on businesses in D&B´s database and is provided for comparative purposes. The Delinquency Predictor Score percentile reflects the relative ranking of a firm among all scorable companies in D&B´s file. The Delinquency Predictor Score offers a more precise measure of the level of risk than the Risk Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. Key Risk Class % of Businesses within this Class Percentile Score 1 10%91-100 580-670 2 20%71-90 530-579 3 40%31-70 481-529 4 20%11-30 453-480 5 10%1-10 101-452 267 of 476 My Company (8%) Industry Comparison This business has a Credit Score Percentile that shows: Higher risk than other companies in the same region. Higher risk than other companies in the same industry. Higher risk than other companies with a comparable number of years in business. Financial Stress Score Moderate to high risk of severe financial stress, such as a bankruptcy, over the next 12 months Score 1345 Class 4 Nat'l % 2% Understanding My Score Incidence of Financial Stress: Among Companies with this Classification:0.84%268 of 476 Trends - Scores, 12 Month Factors Affecting This Company's Score: Low proportion of satisfactory payment experiences to total payment experiences. Low Paydex Score. High proportion of slow payment experiences to total number of payment experiences. UCC Filings reported. Limited time in business The Financial Stress Class Summary Model predicts the likelihood of a firm ceasing business without paying all creditors in full, or reorganization or obtaining relief from creditors under state/federal law over the next 12 months. Scores were calculated using a statistically valid model derived from D&B's extensive data files. Notes: The Financial Stress Class indicates that this firm shares some of the same business and financial characteristics of other companies with this classification. It does not mean the firm will necessarily experience financial stress. The Incidence of Financial Stress shows the percentage of firms in a given Class that discontinued operations over the past year with loss to creditors. The Incidence of Financial Stress - National Average represents the national failure rate and is provided for comparative purposes. The Financial Stress National Percentile reflects the relative ranking of a company among all scorable companies in D&B's file. The Financial Stress Score offers a more precise measure of the level of risk than the Class and Percentile. It is especially helpful to customers using a scorecard approach to determining overall business performance. All Financial Stress Class, Percentile, Score and Incidence statistics are based on sample data from Key Score Class Percentile Incidence of Financial Stress 1570-1875 1 95-100 0.03% 1510-1569 2 69-94 0.09% 1450-1509 3 34-68 0.24% 1340-1449 4 2-33 0.84% 1001-1339 5 1 4.70% Average compared to business in D&Bs database: 0.48% 269 of 476 My Company (1,345) Trends - Percentile, 12 Month My Company (2%) Industry - Comparison 270 of 476 This Business has a Financial Stress Percentile that shows: Higher risk than other companies in the same region. Higher risk than other companies in the same industry. Higher risk than other companies with a comparable number of years in business. Supplier Evaluation Risk Rating High risk of supplier experiencing severe financial stress over the next 12 months. 6 Trends Understanding My Score Factors Affecting This Company's Score: Higher risk industry based on inactive rate for this industry Proportion of slow payment experiences to total number of payment experiences reported Limited time under present management control Proportion of past due balances to total amount owing Limited business activity signals reported in the past 12 months Variable Paydex over last 12 months 271 of 476 This Company (6) Credit Limit Recommendation High Risk Category 5 Conservative Credit Limit $0 Aggressive Credit Limit $0 Understanding My Score D&B's Credit Limit Recommendation is intended to help you more easily manage your credit decisions. It provides two recommended dollar guidelines: A conservative limit, which suggests a dollar benchmark if your policy is to extend less credit to minimize risk. An aggressive limit, which suggests a dollar benchmark if your policy is to extend more credit with potentially more risk. The dollar guideline amounts are based on a historical analysis of credit demand of customers in D&B's U.S. payments database which have a similar profile to your business. D&B Rating ® Rating DS Understanding My Score Factors Affecting Your Score UNDETERMINED Payment Activity (based on 11 experiences): $2,866 # of Employees Total: Average High Credit:272 of 476 $10,000 $18,550 Note: The Worth amount in this section may have been adjusted by D&B to reflect typical deductions, such as certain intangible assets. Highest Credit: Total Highest Credit: Payments Timeliness of Historical Payments Current PAYDEX®: 66 Equal to 19 days beyond terms Industry Median:79 Equal to 2 DAYS BEYOND terms Payment Trend:Unchanged, compared to payments three months ago Total payment Experiences in D&Bs File (HQ):11 Total payment Experiences during the last 3 months: 5 Payments Within Terms (not dollar weighted):66 Total Placed For Collection:NA Average Highest Credit:2,866 Largest High Credit:10,000 Highest Now Owing:5,000 Highest Past Due:NA Payment Summary Total (Last 24 Months): 11 Total Received Total Dollar Amount Largest High Credit Payment summary Within Terms Days Slow 31 30-80 81-90 90 Top Industries Mfg soap/detergents 2 $6,000 $5,000 50%8 0 0 42 Whol groceries 1 $10,000 $10,000 50%50 0 0 0 Mfg extracts/syrup 1 $1,000 $1,000 0%100 0 0 0 Whol chemicals 1 $100 $100 100%0 0 0 0 Whol service paper 1 $100 $100 100%0 0 0 0 Other Categories Cash experiences 5 $1,350 $500 ---------- Unknown 0 $0 $0 ---------- Unfavorable comments 0 $0 $0 ---------- Placed for collections with D&B:0 $0 $0 ---------- Other 0 N/A $0 ---------- Total in D&B's file 11 $18,550 $10,000 ---------- Payments Beyond Terms Total (Last 24 Months):3 273 of 476 Date Paying Record High Credit Now Owes Past Due Selling Terms Last sale w/f (Mo. ) 09/2016 Ppt-Slow 30 1,000 $0 $0 N30 2-3 mos 09/2016 Ppt-Slow 120 5,000 $50 $0 N30 1 mo 06/2015 Slow 30 1,000 $0 $0 N15 6-12 mos All Payments Total (Last 24 Months): 11 Date Paying Record High Credit Now Owes Past Due Selling Terms Last sale w/f (Mo. ) 09/2016 Ppt $100 $100 $0 --1 mo 09/2016 Ppt-Slow 15 $10,000 $5,000 $0 --1 mo 09/2016 Ppt-Slow 30 $1,000 $0 $0 N30 2-3 mos 09/2016 Ppt-Slow 120 $5,000 $50 $0 N30 1 mo 09/2016 (005)------Sales COD 1 mo 05/2016 (006)$500 $500 --Cash account -- 05/2016 (007)$500 $500 --Cash account -- 01/2016 (008)$100 ----Cash account 1 mo 12/2015 (009)$250 ----Cash account 4-5 mos 11/2015 Ppt $100 $0 $0 --6-12 mos 06/2015 Slow 30 $1,000 $0 $0 N15 6-12 mos Indications of slowness can be the result of disputes over merchandise, skipped invoices, etc. Accounts are sometimes placed in collection even though the existence or amount of debt is disputed. The public record items contained in this report may have been paid, terminated, vacated or released prior to the date this report was printed. Currency: Shown in USD unless otherwise indicated Company Overview Company Name:SMYLIE BROTHERS BREWING COMPANY, LLC Doing Business As:SMYLIE BROTHERS BREWING COMPANY, LLC Street Address:1615 Oak Ave Evanston, IL 60201 Mail Address:NA Phone:(224) 999-7320 Line of Business:Drinking place URL:NA Stock Symbol:NA History:NA Operations:NA Present Management Control:NA Annual Sales:NA Year Started:2013 Manager:MICHAEL SMYLIE, PRIN Gross Revenue:NA Financial Condition:NA History 10/29/2016 Business started 2013. The following information was reported: Business Registration History & Operations 274 of 476 CORPORATE AND BUSINESS REGISTRATIONS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE AS OF OCTOBER 28 2016 Registered Name:SMYLIE BROTHERS BREWING COMPANY, LLC Business Type:LIMITED LIABILITY COMPANY State of Incorporation:ILLINOIS Filing Date:Jun 11 2012 Registration ID:04012704 Status:GOOD STANDING Status Attained Date:Jun 11 2016 Where Filed:SECRETARY OF STATE/LIMITED LIABILITY COMPANY DIVISION, SPRINGFIELD, IL Registered Agent:PEDERSEN & HOUPT, A PROFESSION, 161 N. CLARK ST., STE. 3100, CHICAGO, IL, 606010000 Agent Appointed:Jun 11 2012 Principals:SBBC MANAGEMENT, LLC, MANAGER, 1615 OAK AVENUE, EVANSTON, IL, 602010000 Operations 10/29/2016 Description: Operates bar or lounge. Territory : Local. UNDETERMINED. Occupies premises in building. Employees: Facilities: SIC & NAICS SIC: Based on information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations that if we use the standard 4-digit code.The 4-digit SIC numbers link to the description on the Occupational Safety & Health Administration (OSHA) Web site. Links open in a new browser window. 5813 0100 Bars and lounges NAICS: 722410 Drinking Places (Alcoholic Beverages) Currency: Shown in USD unless otherwise indicated Summary The following data includes both open and closed filings found in D&B's database on this company. Record Type # of Records Most Recent Filing Date Bankruptcy Proceedings 0 - Judgments 0 - Liens 0 - Suits 0 - UCCs 1 11/05/15 Public Filings 275 of 476 The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source. Judgments We currently don't have enough data to display this section. Liens We currently don't have enough data to display this section. Suits We currently don't have enough data to display this section. UCC Filings Collateral:All Assets Type:Original Sec.Party:AMERICAN EXPRESS BANK, FSB, SALT LAKE CITY, UT Debtor:SMYLIE BROTHERS BREWING COMPANY, LLC Filing No.:020831464 Filed With:SECRETARY OF STATE/UCC DIVISION, SPRINGFIELD, IL Date Filed:11/05/15 Latest Info Received:11/20/15 The public record items contained herein may have been paid, terminated, vacated or released prior to today's date. Government Activity We currently don't have enough data to display this section Financials Key Business Ratios from D&B This Company Key Financial Comparisons 276 of 476 ($)($)($) This Company's Operating Results Year Over Year Net Sales NA NA NA Gross Profit NA NA NA Net Profit NA NA NA Dividends / Withdrawals NA NA NA Working Capital NA NA NA This Company's Assets Year Over Year Cash NA NA NA Accounts Receivable NA NA NA Notes Receivable NA NA NA Inventories NA NA NA Other Current NA NA NA Total Current NA NA NA Fixed Assets NA NA NA Other Non Current NA NA NA Total Assets NA NA NA This Company's Liabilities Year Over Year Accounts Payable NA NA NA Bank Loan NA NA NA Notes Payable NA NA NA Other Current Liabilities NA NA NA Total Current Liabilities NA NA NA Other Long Term and Short Term Liabilities NA NA NA Defferred Credit NA NA NA Net Worth NA NA NA Total Liabilities and Net Worth NA NA NA Key Business Ratios We currently do not have any recent financial statements on file for your business. Submitting financial statements can help improve your D&B scores. To submit a financial statement, please call customer service at 800-333-0505. 277 of 476 This Company Industry Median Industry Quartile Solvency Quick Ratio NA NA NA Current Ratio NA NA NA Current Liabilities to Net Worth NA NA NA Current Liabilities to Inventory NA NA NA Total Current NA NA NA Fixed Assets to Net Worth NA NA NA Efficiency Collection Period NA NA NA Inventory Turn Over NA NA NA Sales to NWC NA NA NA Acct Pay to Sales NA NA NA Profitability Return on Sales NA NA NA Return on Assets NA NA NA Return on NetWorth NA NA NA Special Events 07/13/2016 The name and address of this business have been confirmed by D&B using available sources. Corporate Linkage Parent Company Name DUNS #City, State SMYLIE BROTHERS BREWING COMPANY, LLC 07-079-1766 EVANSTON, ILLINOIS ©Dun & Bradstreet, Inc. 2015. All rights reserved. 278 of 476 For City Council meeting of November 28, 2016 Item A7 Ordinance 148-O-16: Amending City Code Section 1-6-2 Authorizing the City Clerk to Solemnize Marriages For Introduction and Action To: Honorable Mayor and Members of the City Council From: Rodney Greene, City Clerk W. Grant Farrar, Corporation Counsel Subject: Ordinance 148-O-16, Amending City Code Section 1-7-2 to Authorize the City Clerk to Solemnize Marriages Date: November 8, 2016 Recommended Action: The City Clerk requests approval of Ordinance 148-O-16, which amends City Code Section 1-7-2 regarding the City Clerk’s powers and duties. The City Clerk will request suspension of the Rules so that the Ordinance may be adopted to provide for a requested marriage in December. Livability Benefits: Equity & Empowerment: Support quality human service programs Summary: The ordinance amends City Code Section 1-7-2 regarding City Clerk powers and duties by authorizing the City Clerk to solemnize marriages. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/ et seq., a marriage may be solemnized by a public official whose powers include solemnization of marriages. Passage of this ordinance will grant the City Clerk the authority to solemnize marriages in accordance with the cited statutes. The ordinance also deletes all references to the Town of Evanston, since the Evanston Township was dissolved in 2013. Lastly, the ordinance removed the City Clerk duty of City Collector. City collection and all finance and accounting matters is the duty of the City Treasurer. Attachments: Ordinance 148-O-16 Memorandum 279 of 476 11/3/2016 148-O-16 AN ORDINANCE Amending City Code Section 1-7-2 Authorizing the City Clerk to Solemnize Marriages WHEREAS, under the Illinois Marriage and Dissolution of Marriage Act 750 ILCS 5/101 et seq., a public official whose powers include solemnization of marriages may solemnize a marriage; and WHEREAS, the City Clerk of the City of Evanston is a public official of the City of Evanston; and WHEREAS, the City Council of the City of Evanston finds that it is in the best interest of the City to authorize the City Clerk to solemnize marriages, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 1, Chapter 7, Section 2, of the Evanston City Code, as amended, is hereby further amended to read as follows: 1-7-2. - GENERAL DUTIES OF THE CLERK. In addition to the duties now imposed upon the City Clerk by Illinois law, 65 ILCS 5/3.1-35-90, said City Clerk shall perform the following duties: (A) Issue notices of all regular and special meetings to the members of the City Council and also send notices to the members of the different committees of that body and to all persons whose attendance will be required before any such committee, when directed by the chairman thereof. (B) All petitions, remonstrances or other communications addressed to the City Council shall be received by the Clerk and read at the meeting of the Council next succeeding their receipt, unless otherwise ordered by the Council. 280 of 476 148-O-16 ~2~ (C) Deliver, without delay, to the officers of the City and to all committees of the City Council, all resolutions and communications referred to such officers or committees by the City Council. (D) Deliver, without delay, to the Mayor all ordinances or resolutions under his/her charge which may require approval or other action by the Mayor, with all the papers on which the same were founded. (E) Furnish to the members of the City Council a copy of the proceedings of the meetings of the City Council not later than the fifth day following such meeting. (F) Within five (5) days after the result of any municipal election is declared or appointment made, notify all persons elected or appointed to any City office of their election or appointment and of the requirements necessary to qualify for such office, and unless such persons shall respectively qualify within ten (10) days after mailing of such notice, the office shall become vacant. (G) The City Clerk shall act as Town Clerk of the Town of the City of Evanston. The office of the Town Clerk of the Town of the City of Evanston and the office of City Clerk of the City are hereby united in the same person. (HG) The City Clerk shall be the custodian and keeper of all the books, records, ordinances and papers of both the City and the Town. The compensation allowed the City Clerk shall be considered full compensation to cover such duties as may be performed both in the capacity of Town Clerk of the Town of the City of Evanston, as well as in the capacity of City Clerk for the City. (IH) Generally do and perform such other duties as may be required by the City Council and the ordinances of the City. (JI) The City Clerk shall keep the City Seal, pursuant to Section 1-15-2 of this Title, and all papers belonging to the City, the custody and control of which are not given to other officers. (KJ) The City Clerk shall attend all meetings of the City Council and shall keep a full record of its proceedings in a journal minutes of the meeting. (LK) The City Clerk shall serve as the City Collector. The City Clerk, as a public official, may solemnize marriages pursuant to the Illinois Marriage and Dissolution of Marriage Act 750 ILCS 5/ et seq. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: That if any provision of this Ordinance 148-O-16 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. 281 of 476 148-O-16 ~3~ SECTION 4: That this Ordinance 148-O-16 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 282 of 476 For City Council meeting of November 28, 2016 Item A8 Ordinance 149-O-16: Increasing Class H Liquor License Pita 1 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 149-O-16, Increasing the Number of Class H Liquor Licenses for Evanston Pan, LLC d/b/a Pita 1, 1926 Central Street Date: November 28, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 149-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 149-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(H), as amended, to increase the number of authorized Class H liquor licenses from one (1) to two (2) and permit issuance of a Class H license to Evanston Pan, LLC d/b/a Pita 1 (“Company”), 1926 Central Street. 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 Pankaj Patel submitted application materials. Legislative History: At the November 9, 2016 Liquor Control Review Board meeting, Company requested consideration of application for a Class H liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 149-O-16 Application Minutes of the November 9, 2016 Liquor Control Review Board meeting Memorandum 283 of 476 11/14/2016 149-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(H) to Increase the Number of Class H Liquor Licenses from One to Two (Evanston Pan, LLC d/b/a Pita 1, 1926 Central Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class H of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: H Restaurant Liquor None $2,800 $2,800 12 None 11 a.m.— 10 p.m. (Mon—Sat); 12 p.m.— 10 p.m. (Sun) SECTION 2: Subsection 3-4-6-(H) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class H liquor licenses from one (1) to two (2) to read as follows: (H) Class H licenses, which shall authorize the sale in restaurants 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 H licenses only during the period when patrons are offered a complete meal. The sale of alcoholic liquor shall only take place from 11:00 a.m. to 10:00 p.m., Monday through Saturday and from 12:00 noon to 10:00 p.m. on Sunday. No alcoholic liquor may be consumed on the premises after 10:30 p.m., Sunday through Saturday. The applicants for the renewal 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 284 of 476 149-O-16 ~2~ two thousand eight hundred dollars ($2,800.00). 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 two thousand nine hundred forty dollars ($2,940.00). No more than one (1)two (2) 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 285 of 476 REDACTED 286 of 476 287 of 476 288 of 476 289 of 476 REDACTED 290 of 476 291 of 476 292 of 476 293 of 476 294 of 476 295 of 476 296 of 476 297 of 476 298 of 476 299 of 476 300 of 476 301 of 476 302 of 476 303 of 476 304 of 476 305 of 476 306 of 476 Page 1 of 3 MEETING MINUTES Liquor Control Board Wednesday, November 9, 2016 11:30 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl; Marion Macbeth; Byron Wilson Members Absent: Dick Peach Staff Present: Grant Farrar, Theresa Whittington Others Present: Pankaj Patel (Pita 1); Dave Glatt (Dave’s New Kitchen); Sara Glatt (Dave’s New Kitchen); Be’a Rashid (Studio 5); Steven Rashid (Studio 5); Bill Kindra (Quad Indoor Sports); Kevin O’Malley (The Stained Glass); Robert Bansberg (The Stained Glass); 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 11:30 a.m. NEW BUSINESS Evanston Pan, LLC., d/b/a Pita 1, 1926 Central Street, Evanston, IL Pankaj Patel (PP) requested approval of a Class H liquor license (Restaurant/liquor). Mr. Patel described his restaurant as a Mediterranean pita grill. He sa id his customers have requested alcohol as a compliment to meals. 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 November 28, 2016. Spinzar, Inc., d/b/a Kabul House, 2424 Dempster Street, Evanston, IL Consideration of a Class D liquor license (Restaurant/liquor). Representative did not attend meeting. Item removed from agenda. Sara’s 1K, Ltd., d/b/a Dave’s New Kitchen, 815 Noyes Street, Evanston, IL Dave Glatt requested approval of a Class D liquor license (Restaurant/liquor). Mr. Glatt described the restaurant as small and that the customers would like to have beer and wine. He has a long standing interest in collecting and marketing wine and he would like to continue the practice at the new restaurant. 307 of 476 Page 2 of 3 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 November 28, 2016. Quad Indoor Sports, 2454 Oakton Street, Evanston, IL Bill Kindra (BK) requested approval of a Class W liquor license (Indoor Recreation/Beer- Wine). BK explained that the business is an indoor sports facility that is seasonal-driven and he is seeking additional revenue streams to offset these fluctuations. BK stated the business brings in commerce to the area and supports local businesses. He cited Smylie Brothers and North Shore Cider as examples. He further stated that adults enjoy 1-2 beers after playing sports and that studies show that these people tend to drink less overall. It’s an amenity he would like to offer his customers. BK said there will not be lit signage all over the facility advertising alcohol. Mayor Tisdahl asked about food offerings. BK responded that Quad is awaiting approval from the Health department for a food license for its concession stand. Mayor Tisdahl asked if he considered other local food options. BK responded that Gordon Foods, located next door, will be a primary provider of food items. BK discussed the two drink limit that is written in the Class W license class description. He stated that the two drink limit in his initial proposal was intended to restrict patrons from buying two drinks at a time - not two drinks total per visit. He feels this restriction combined with the limited service hours do not justify the license fee. Many adult leagues do not end until 9:30 or 9:45, leaving him a small window to sell alcohol. He further stated that the restrictions don’t seem to justify the license fee. He asked if the service hours could be extended or the license fee reduced. Grant Farrar indicated that a motion could be made to amend the Class W license class per the applicant’s request. Mayor Tisdhal indicated that she didn’t have any objection to changing the hours to accommodate the business. Grant Farrar suggested that Bill Kindra write up alternative language to the service hours section and submit it Ms. Whittington , who will share the information with the Mayor and liquor board. Once approved, an appropriate motion amending the section can be made on November 28, 2016. Mayor Tisdahl stated that the two beer limit will remain in place, but agreed to recommend a change in hours to City Council. 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 November 28, 2016. The Stained Glass, Ltd., d/b/a The Stained Glass, 1735 Benson Ave., Evanston, IL, 60201 Kevin O’Malley (KO) requested approval of a change in license class from Class C liquor license (Restaurant-Hotel/liquor) to Class I (Restaurant/Packaged Store). KO stated that he wishes to offer more wine dinners and wine-friendly events. Part of that endeavor will include selling unopened bottles of wine to customers for off-site consumption. He would offer 4-5 course dinners paired with wines and then offer those wines for sale for off-site consumption. KO has received several requests from out of town guests to sell them bottles of wine to take back to their hotel rooms. 308 of 476 Page 3 of 3 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 November 28, 2016. Dance Center Evanston, Inc., d/b/a Studio 5, 1934 Dempster, Evanston, IL Steve Rashid (SR) and Be’a Rashid (BR) requested approval of an amendment to the Class U liquor license (Live Theater/beer-wine) to allow for the sale of alcoholic spirits. SR explained that he misunderstood the process and thought he was previously approved to sell spirits. He realized after license issuance that the Class U is restricted to beer and wine only. SR said that other theaters, such as Harris, Goodman and Second City serve spirits. Bea’ Rashid stated that the hours will remain the same and that they only intend to serve pre-show and at intermission. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended an amendment to the liquor license class to be introduced at the City Council meeting on November 28, 2016. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:54 a.m., November 9, 2016. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 309 of 476 For City Council meeting of November 28, 2016 Item A9 Ordinance 150-O-16: Increasing Class D Liquor License Dave’s New Kitchen 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 150-O-16, Increasing the Number of Class D Liquor Licenses for Sara’s 1K, Ltd. d/b/a Dave’s New Kitchen, 815 Noyes Street Date: November 28, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 150-O-16. Alderman Fiske requests suspension of the rules for introduction and adoption at the November 28, 2016 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 150-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-six (56) to fifty-seven (57) and permit issuance of a Class D license to Sara’s 1K, Ltd. d/b/a Dave’s New Kitchen (“Company”), 815 Noyes Street. 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 Sara Glatt submitted application materials. Legislative History: At the November 9, 2016 Liquor Control Review Board meeting, Company requested consideration of application for a Class D liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 150-O-16 Application See Agenda Item A8 for Minutes of the November 9, 2016 Liquor Control Review Board meeting Memorandum 310 of 476 11/14/2016 150-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty-Six to Fifty-Seven (Sara’s 1K, Ltd. d/b/a Dave’s New Kitchen , 815 Noyes Street Street) 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 5657 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-six (56) to fifty-seven (57) 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). 311 of 476 150-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-six (56) fifty-seven (57) 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 312 of 476 REDACTED 313 of 476 314 of 476 315 of 476 316 of 476 REDACTED 317 of 476 318 of 476 319 of 476 320 of 476 321 of 476 322 of 476 323 of 476 324 of 476 REDACTED 325 of 476 326 of 476 327 of 476 328 of 476 329 of 476 For City Council meeting of November 28, 2016 Item A10 Ordinance 151-O-16: Amending Class W Liquor License to Extend Sale Hours For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 151-O-16, Amending Subsection 3-4-6(W ) of the City Code to Allow for Sale of Beer and Wine Between the Hours of 11:00 a.m. to 12:00 a.m. on Monday through Saturday and 12:00 p.m. to 12:00 a.m. on Sunday Date: November 28, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 151-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: The City of Evanston (“City”) currently restricts the Class W liquor license to the sale of beer and wine between the hours of 11:00 a.m. to 10:00 p.m. on Monday through Saturday and 12:00 p.m. to 10:00 p.m. on Sunday. On November 9, 2016, Urban Indoor Sports, LLC d/b/a Quad Indoor Sports (“Company”), 2454 Oakton Street, requested the Liquor Control Review Board (“LCRB”) consider allowing the sale of beer and between the hours of 11:00 a.m. to 12:00 a.m. on Monday through Saturday and 12:00 p.m. to 12:00 a.m. on Sunday. The LCRB approved extending the sale of beer and wine between the proposed hours. Accordingly, Ordinance 151-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(W ) to allow for the sale of beer and wine between the hours of 11:00 a.m. to 12:00 a.m. on Monday through Saturday and 12:00 p.m. to 12:00 a.m. on Sunday. Company representative William Kindra appeared before the LCRB. Attachments: Ordinance 151-O-16 See Agenda Item A8 for Minutes of the November 9, 2016 Liquor Control Review Board meeting Memorandum 330 of 476 11/14/2016 151-O-16 AN ORDINANCE Amending City Code Subsection 3-4-6(W) to Allow the Sale of Beer and Wine Between the Hours of 11:00 a.m. to 12:00 a.m. on Monday through Saturday and 12:00 p.m. to 12:00 a.m. on Sunday NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class W of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: W Commercial Indoor Recreation Facility Beer/Wine None $4,000 $4,000 0 None 11 a.m. — 10 p.m. 12 a.m.(Mon- Sat); 12 p.m. — 10 p.m.12 a.m. (Sun) SECTION 2: Subsection 3-4-6(W) of the Evanston City Code of 2012, as amended, is hereby further amended by allowing the sale of beer and wine from 11:00 a.m. to 12:00 a.m. on Monday through Saturday and 12:00 p.m. to 12:00 a.m. on Sunday 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, 331 of 476 151-O-16 ~2~ 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. 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.12:00 a.m., Monday through Saturday and from 12:00 p.m. to 10:00 p.m.12:00 a.m. on Sunday. No beer or wine may be consumed on the premises after 10:30 p.m.12:00 a.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. 332 of 476 151-O-16 ~3~ 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 333 of 476 For City Council meeting of November 28, 2016 Items A11 & A12 Ordinance 152-O-16: Decreasing Class C Liquor License for The Stained Glass Ordinance 153-O-16: Increasing Class I Liquor License for The Stained Glass 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 152-O-16, Decreasing the Number of Class C Liquor Licenses for The Stained Glass, Ltd., d/b/a The Stained Glass, 1735 Benson Avenue, and Ordinance 153-O-16, Increasing the Number of Class I Liquor Licenses for The Stained Glass, Ltd., d/b/a The Stained Glass, 1735 Benson Avenue Date: November 28, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 152-O-16 and Ordinance 153-O-16. Alderman Fiske requests suspension of the rules for introduction and adoption of both Ordinances at the November 28, 2016 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 152-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to decrease the number of authorized Class C liquor licenses from twenty- five (25) to twenty-four (24). Ordinance 153-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(I), as amended, to increase the number of authorized Class I liquor licenses from one (1) to two (2), and permit issuance of a Class I license to The Stained Glass, Ltd., d/b/a The Stained Glass (“Company”), 1735 Benson Avenue. The Class I 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 both on the licensed premises and off the premises. Company representative Kevin O’Malley submitted application materials to change Company’s liquor license from Class C to Class I. Legislative History: At the November 9, 2016 Liquor Control Review Board meeting, Company requested consideration of application for a Class I liquor license. Memorandum 334 of 476 Attachments: Ordinance 152-O-16 Ordinance 153-O-16 Application See Agenda Item A8 for Minutes of the November 9, 2016 Liquor Control Review Board meeting 335 of 476 11/14/2016 152-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(C) to Decrease the Number of Class C Liquor Licenses from Twenty-Five to Twenty-Four (The Stained Glass, Ltd., d/b/a “The Stained Glass”, 1735 Benson Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class C of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: C Hotel or Restaurant Liquor None $4,300 $4,300 2524 Core 11 a.m.— 1 a.m. (Mon- Wed); 11 a.m. – 2 a.m. (Thurs – Sat); 11 a.m. – 1 a.m. (Sun); 11 a.m. – 2 a.m. on New Year’s Day, Memorial Day, Fourth of July, Labor Day and Thanksgiving SECTION 2: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class C liquor licenses from twenty-five (25) to twenty-four (24) to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding Class C licenses must have some food service available when alcoholic liquor is being sold. The meanings of "hotel," "restaurant," and "core area" shall be as defined in Section 3-4-1 of this Chapter. 336 of 476 152-O-16 ~2~ 1. The sale of alcoholic liquor shall not take place between the hours of 1:00 a.m. and 11:00 a.m., except that sales may be made up to 2:00 a.m. on Friday, Saturday, Sunday mornings and up to 2:00 a.m. on the mornings of January 1, Memorial Day, July 4, Labor Day and Thanksgiving; however, no such sales shall be made between 2:00 a.m. and 11:00 a.m. on Sunday. 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 three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be four thousand five hundred fifteen dollars ($4,515.00). No more than twenty-five (25) twenty-four (24) 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. 337 of 476 152-O-16 ~3~ Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 338 of 476 11/14/2016 153-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(I) to Increase the Number of Class I Liquor Licenses from One to Two (The Stained Glass, Ltd. d/b/a “The Stained Glass,” 1735 Benson Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class I of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: I Restaurant/ Package Store Liquor Liquor $7,500 $7,500 12 None 12 p.m. – 10 p.m. (Sun- Thurs); 12 p.m. – 11 p.m. (Fri-Sat) SECTION 2: Subsection 3-4-6-(I) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class I liquor licenses from one (1) to two (2) to read as follows: (I) CLASS I licenses, which shall authorize the retail sale in a restaurant of alcoholic liquor for both consumption on the licensed premises where sold, and for consumption off the premises. No Class I 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. Each Class I license shall be subject to the following conditions: 1. The Class I license requires the licensee to operate both the restaurant and retail sales area. The licensee shall not assign the privilege to operate the retail sales area. Class I licenses authorize retail sales of alcoholic liquor in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. 2. It shall be unlawful for a Class I licensee to sell a single container of wine in its original package unless the volume of the container is greater than or equal to 339 of 476 153-O-16 ~2~ 375 milliliters. 3. It shall be unlawful for a Class I licensee to sell a single container of beer in its original package unless the volume of the container is greater than or equal to ten (10) ounces or 295 milliliters. 4. It shall be unlawful for a Class I licensee to sell a single container of an alcoholic spirit in its original package unless the volume of the container is greater than or equal to 200 milliliters. 5. A Class I licensee shall sell alcoholic liquor in original packages for off-premises consumption at a cash register designated for the sale of such alcoholic liquor and which is operated by a person of at least twenty-one (21) years of age. 6. Alcoholic liquor may be sold in restaurants holding Class I licenses for consumption on the licensed premises only when their patrons are offered expanded food service during the hours set forth in this Section. An expanded food service shall consist of such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a wine, beer, or alcoholic spirit. 7. The sale of alcoholic liquor for both on premises consumption, and for consumption off the premises, shall begin after twelve (12:00) p.m. Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 10:00 p.m. on any Sunday through Thursday. Alcoholic liquor shall not be sold after the hour of 11:00 p.m. on any given Friday or Saturday. 8. Class I licenses shall permit the tasting of samples of beer, wine, and alcoholic spirits, permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one (1) fluid ounce for wine, two (2) fluid ounces for beer, and one-quarter (0.25) fluid ounce for alcoholic spirits, to any person in a day. Licensees must have at least one (1) BASSET-certified site Manager on-premises whenever offering wine, beer, or alcoholic spirits for tasting. Licensees must provide food service when offering wine, beer, and/or alcoholic spirits for tasting. 9. Class I license fees are as follows: 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 $7,500.00. 340 of 476 153-O-16 ~3~ 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 $7,875.00. No more than one (1)two (2) 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 341 of 476 REDACTED 342 of 476 343 of 476 344 of 476 345 of 476 346 of 476 For City Council meeting of November 28, 2016 Item A13 Ordinance 154-O-16: Increasing Class W Liquor License Quad Indoor Sports 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 154-O-16, Increasing the Number of Class W Liquor Licenses for Urban Indoor Sports, LLC d/b/a Quad Indoor Sports, 2454 Oakton Street Date: November 28, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 154-O-16. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: Ordinance 154-O-16 amends Evanston City Code of 2012 Subsection 3-4-6-(W), as amended, to increase the number of authorized Class W liquor licenses from zero (0) to one (1) and permit issuance of a Class W license to Urban Indoor Sports, LLC d/b/a Quad Indoor Sports (“Company”), 2454 Oakton Street. This license will permit Company to retail sale of beer and wine in commercial indoor recreational facilities only to persons of at least twenty-one (21) years of age for consumption on the premises. Company representative William Kindra submitted application materials. Legislative History: At the November 9, 2016 Liquor Control Review Board meeting, Company requested consideration of application for a Class W liquor license. Attachments: Ordinance 154-O-16 Application See Agenda Item A8 for Minutes of the November 9, 2016 Liquor Control Review Board meeting Memorandum 347 of 476 11/14/2016 154-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(W) to Increase the Number of Class W Liquor Licenses from Zero to One (Urban Indoor Sports, LLC d/b/a “Quad Indoor Sports ,” 2454 Oakton Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Class W of Table 1, Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised as follows: W Commercial Indoor Recreation Facility Beer/Wine None $4,000 $4,000 01 None 11 a.m. — 10 p.m. (Mon-Sat); 12 p.m. — 10 p.m. (Sun) SECTION 2: Subsection 3-4-6-(W) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class W liquor licenses from zero (0) to one (1) 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. 348 of 476 154-O-16 ~2~ Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. 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)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. 349 of 476 154-O-16 ~3~ 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 350 of 476 REDACTED 351 of 476 352 of 476 353 of 476 354 of 476 REDACTED 355 of 476 356 of 476 357 of 476 358 of 476 359 of 476 360 of 476 361 of 476 362 of 476 363 of 476 364 of 476 365 of 476 366 of 476 367 of 476 REDACTED 368 of 476 369 of 476 For City Council meeting of November 28, 2016 Item A14 Ordinance 155-O-16: Amending Class U Liquor License to Allow the Sale of Alcoholic Liquor For Introduction and Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 155-O-16, Amending Subsection 3-4-6(U) of the City Code to Allow Class U Liquor Licenses the Sale of Alcoholic Liquor Date: November 28, 2016 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 155-O-16. Alderman Braithwaite requests suspension of the rules for introduction and adoption at the November 28, 2016 City Council meeting. Livability Benefits: Economy & Jobs: Retain and expand local businesses. Summary: The City of Evanston (“City”) currently restricts the Class U liquor license to the sale of beer and wine only. On November 9, 2016, Dance Center Evanston, Inc. d/b/a Studio 5 (“Company”), 1934 Dempster Street, requested the Liquor Control Review Board (“LCRB”) consider allowing the sale of alcoholic liquor in addition to beer and wine. The LCRB approved extending the sale of alcoholic liquor in addition to beer and wine. Accordingly, Ordinance 155-O-16 amends Evanston City Code of 2012 Subsection 3-4- 6-(U) to allow for the sale of alcoholic liquor. Company representative Steven Rashad appeared before the LCRB. Attachments: Ordinance 155-O-16 See Agenda Item A8 for Minutes of the November 9, 2016 Liquor Control Review Board meeting Memorandum 370 of 476 11/14/2016 155-O-16 AN ORDINANCE Amending City Code Section 3-4-6-(U), Allowing Class U Liquor Licenses the Sale of Alcoholic Liquor 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 Liquor None $500 $500 1 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 to allow Class U liquor licenses the sale of alcoholic liquor to read as follows: (U) Class U licenses, which shall authorize the sale of beer and winealcoholic liquor 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 winealcoholic liquor 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). 371 of 476 155-O-16 ~2~ No more than 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 372 of 476 For City Council Meeting of November 28, 2016 Item A15 Ordinance 109-O-16, Amending Definition of Abandoned Vehicles For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager Daniel Keeler, Evanston Police Department Subject: Ordinance 109-O-16, Amending Section 10-6-1, Revising the Definition of Abandoned Vehicle Date: November 15, 2016 Recommended Action: Staff recommends that the City Council City adopt Ordinance 109-O-16, revising the definition of Abandoned Vehicle. In Section 10-6-1 of the City Code, the definition of an Abandoned Vehicle was amended by adding subsection (c) stating that a vehicle parked on the public way and “has been left on the public way without valid state registration plates or a valid temporary state registration for two (2) or more days” is also classified as an abandoned vehicle. Livability Benefit: Built Environment: Provide compact and complete streets and neighborhoods Summary: Due to the reported increase of non-registered vehicles parked on the public right-of- way especially around areas that provide vehicle repair, City enforcement agencies have requested a change in the definition of an abandoned vehicle to include those vehicles parked on the public right-of-way that have not complied with the State of Illinois Statute requiring valid registration or a valid temporary registration. The amended Abandoned Vehicle definition would afford enforcement agencies to consider the vehicle abandoned after two (2) days, tagged as such and if not in compliance removed from the right-of-way after 48 hours of official notification The enforcement agency must affix the appropriate warning of abandonment on the vehicle when first observed and then act on removal of the vehicle only after 48 hours if it is still not in compliance and unmoved. Attachment: Ordinance 109-O-16 Memorandum 373 of 476 8/19/2016 11/2/2016 109-O-16 AN ORDINANCE Amending City Code Section 10-6-1, Revising the Definition of Abandoned Vehicle SECTION 1: City Code Section 10-6-1 of the Evanston City Code of 2012, as amended (the “City Code”), is hereby further amended to read as follows: 10-6-1. - DEFINITIONS. ABANDONED VEHICLE. A vehicle parked or otherwise located on the public way; and (A) In such a state of disrepair that it is incapable of being driven; or (B) That has been unmoved for a period of seven (7) days; or. (C) Has been left on the public way without valid state registration plates or a valid temporary state registration placard for two (2) or more days. ACCIDENT INVOLVED VEHICLES. A vehicle which is inoperable due to an accident and which is located so as to constitute an obstruction to the normal flow of traffic. DERELICT MOTOR VEHICLE. A vehicle which lacks wheels, motor, transmission, battery or any other component part such that it is inoperable and constitutes a hazard to the public. HAZARDOUS VEHICLE. A vehicle on any public way which by its condition or location constitutes a clear and present danger to the safety of the public or an obstruction to the normal flow of traffic. This shall also include vehicles obstruction fire hydrants. NONMOTORIZED OBSTRUCTION VEHICLE. A vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle and located on a public way at a time or in such a manner as to be in violation of Section 10-4-3 of this Title. 374 of 476 109-O-16 ~2~ OWNER. The registered or legal owner or person who is otherwise entitled to possession of the motor vehicle. POLICE IMMOBILIZED VEHICLE (WHEEL LOCK). A vehicle located on a public way which has been rendered immobile by the Police Department. RESERVED RESIDENTIAL WHEELCHAIR BOUND SPACE OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-11(B) of this Title. SNOW EMERGENCY OBSTRUCTION VEHICLE. A vehicle located on a public way in such a manner as to be in violation of Section 10-4-13 of this Title. STREET CLEANING OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2 of this Title. STREET OR SEWER MAINTENANCE OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2 of this Title. TOW AWAY ZONE OBSTRUCTION VEHICLE: A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2 of this Title. TREE CUTTING OBSTRUCTION VEHICLE. A vehicle located on a public way at a time or in such a manner as to be in violation of Subsection 10-4-1(C)2 of this Title. VEHICLE PARKED ON PUBLIC AND/OR PRIVATE PROPERTY WITHOUT CONSENT. (A) A vehicle parked in a public parking lot or in a private parking lot without the consent of the lot owner, proprietor or agent of the property, which person has requested that, at the expense of the vehicle owner, the vehicle be towed; or (B) A vehicle located on private property when the property owner, proprietor or agent is unknown, and the vehicle owner cannot be determined or contacted. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance 109-O-16 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity does not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of 375 of 476 109-O-16 ~3~ this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and will be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance 109-O-16 is 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 376 of 476 For City Council Meeting of November 28, 2016 Item A16 Ordinance 158-O-16, Reserved Parking Spaces For Introduction To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager Subject: Ordinance 158-O-16, Amending City Code 10-11-11 and 10-11-12, Removing Reserved Parking and Increasing Parking Meter Zone in City Parking Lot 27 Date: November 17, 2016 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council adopt Ordinance 158-O-16, amending City Code Sections 10-11-11 and 10-11-12 to remove reserved parking and change the parking meter zone from twenty-two (22) to thirty-four (34) spaces in City Parking Lot 27 located at 1621 Oak Avenue. Livability Benefit: Built Environment: Provide compact and complete streets and neighborhoods Funding Source: N/A Summary: Due to the increase of commercial restaurant and other activities it has become imperative that more metered parking needs to be made available for customer use. Currently there are twelve (12) reserved spaces and twenty-two (22) metered spaces in City Parking Lot 27. By eliminating the twelve (12) reserved spaces, the increase to a total of thirty-four (34) spaces would greatly aid in the availability of convenient customer parking for the neighboring businesses. Current reserved parking (permit) holders can obtain reserved parking if desired in one of the downtown parking garages. The Transportation/Parking Committee recommended approval of the change at the November 16, 2016 meeting. --------------------------------------------------------------------- Attached: Ordinance 158-O-16 Memorandum 377 of 476 11/12/2016 158-O-16 AN ORDINANCE Amending Schedules X(I) and XII(H) of City Code Title 10, Chapter 11, “Traffic Schedules,” Removing Reserved Parking and Increasing the Parking Meter Zone from Twenty to Thirty-Four Spaces at City Parking Lot 27, 1621 Oak Avenue NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-11-11, Schedule X(I) of the Evanston City Code of 2012, as amended , “Reserved Parking Space Areas,” is hereby further amended to delete the following: Lot 27 1621 Oak Avenue SECTION 2: Parking Lot #27 of Section 10-11-12, Schedule XII(H) of the Evanston City Code of 2012, as amended , “Two-Hour Limited Parking,” is hereby further amended as follows: Parking Lot #27, 1621 Oak Avenue: 2034 meters $1.00 per hour Maximum limit, 2 hours 8:00 a.m. to 9:00 p.m. Overnight Parking Permitted SECTION 3: The findings and recitals contained herein are declared to 378 of 476 158-O-16 ~2~ 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 Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 379 of 476 For City Council meeting of November 28, 2016 Item A17 Ordinance 146-O-16, Decreasing Sewer User Rates 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 146-O-16, Amending City Code 7-13-3, Decreasing the Sewer User Rates Date: November 16, 2016 Recommended Action: Staff recommends that City Council adopt Ordinance 146-O-16, which would decrease the sewer user rate by 3%, from $3.94 to $3.82 per billing unit (100 cubic feet of water consumed). Livability Benefits: Built Environment: Manage water resources responsibly Analysis: Approximately 60% of the sewer fund budget is for debt service. The vast majority of the debt service is a result of borrowing funds for the City’s $210 Million Long Range Sewer Improvement program that was constructed between 1991 and 2008. While some of this debt was refinanced, at least one large GO bond issue as well as several IEPA low interest loans have been retired. Using a cost of service analysis, staff determined that the sewer user charge could be reduced by 3% and still provide sufficient funding to allow the sewer fund to maintain a minimum cash balance of $2,500,000 and provide funding for rehabilitation of 1% of the combined sewer system and implement storm water management improvements. History: The sewer user charged was raised to the current rate of $3.94 per billing unit in March 2004. In January 2011, a minimum sewer charge and a second tier sewer charge was established for tax exempt properties. Attachments: Ordinance 146-O-16 Memorandum 380 of 476 10/25/2016 146-O-16 AN ORDINANCE Amending City Code Section 7-13-3 to Decrease Sewer User Rates NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 7-13-3 of the City Code of 2012 is hereby amended to read as follows, to include a three percent (3%) rate decrease in the Sewer User Rate effective January 1, 2017. 7-13-3. - SEWER USER RATES. (A) There is hereby established a sewer user charge for the use of, and service supplied by, the public sewer of the City. The sewer user charges shall be assessed for all users each bimonthly billing period commencing on or after January 1, 20112017. (B) The sewer user charge for users of the system within the City that are not exempt from the payment of property taxes shall be three dollars eighty-two ninety- four cents ($3.9482) per billing unit of water consumed. (C) The sewer user charge for users of the system within the City that are exempt from the payment of property taxes shall be three dollars eighty-two ninety-four cents ($3.8294) per billing unit for the first one hundred (100) billing units of water consumed. Thereafter, the sewer user charge shall be four dollars fifty-three cents ($4.53) per billing unit in excess of one hundred (100) billing units of water consumed. (D) The adequacy of the sewer user charge shall be reviewed annually by the City Council. The sewer user charge will be revised by ordinance as needed. (E) The users of the public sewer will be notified of any change in the total sewer user charges in conjunction with the regular sewer billing. (F) Those furnished with sewer service only, and not connected with or supplied with water from the City water supply system, shall pay a bimonthly sewer service fee based on a calculated estimate of the volume of use at the rate established in Subsection (A) of this Section. (G) Those furnished with water service only and not connected with or supplied with sewer service shall pay only the water rates and charges established by Section 7- 12-17 of this Title. 381 of 476 146-O-16 ~2~ (H) Those furnished with water and sewer service but not consuming any water shall pay a bimonthly minimum sewer service charge of nineteen dollars ten seventy cents ($19.1070). SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance 146-O-16 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance 146-O-16 shall be in full force and effect on January 1, 2017, 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 382 of 476 For City Council meeting of November 28, 2016 Item A18 Ordinance 145-O-16, Increasing Meter Charges and Water Rates 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 145-O-16, Amending City Code 7-12-17, Increasing the Meter Charges and W ater Rates Date: November 16, 2016 Recommended Action: Staff, along with the Utilities Commission, recommends that City Council adopt Ordinance 145-O-16, which would increase the water meter charges and water rates by six percent (6%). Livability Benefits: Built Environment: Manage water resources responsibly Summary: Staff is recommending a six percent (6%) water rate increase. The existing water rate is billed as a minimum charge for the first 5 units based on water meter size, and a quantity charge for every unit in excess of the first 5 units in the bi-monthly billing period (1 unit = 100 cubic feet or 748 gallons of water). Effective January 1, 2017, both the minimum charge and the quantity charge are proposed to be raised by six percent. For the 5/8-inch and the 3/4-inch meter sizes (the meter sizes most commonly used in single family homes) the minimum charge for the first 5 units consumed in the bi-monthly billing period will increase from $7.78 to $8.25. The quantity charge for usage in excess of the first 5 units will increase from $2.18 per unit to $2.31 per unit. A fee table for the proposed water rates is provided in Exhibit 1. Memorandum 383 of 476 EXHIBIT 1 PROPOSED 2017 WATER RATES AND MINIMUM CHARGE STRUCTURE BI-MONTHLY MINIMUM CHARGE BASED ON WATER METER SIZE* Meter Size Minimum Charges Effective 1/1/2015 Minimum Charges Proposed 1/1/2017 5/8” & 3/4" $007.78 $008.25 1” $015.53 $016.46 1 1/2" $029.07 $030.81 2” $045.77 $048.52 3” $080.61 $085.45 4” $129.13 $136.88 6” $227.72 $241.38 8” $385.50 $408.63 *The minimum charges include the first 5 units (500 cubic feet) of water consumed per bi-monthly billing period. QUANTITY CHARGE FOR USAGE IN EXCESS OF 5 UNITS* Quantity Charge Effective 1/1/2015 Quantity Charge Proposed 1/1/2017 $2.18 per unit $2.31 per unit *1 unit = 100 cubic feet of water consumption. As of January 1, 2017, customers would be charged $1.98 per unit of usage in excess of the minimum in each bi-monthly billing period. Analysis: The financial goals of the water fund are to maintain a minimum cash balance of $3,500,000 and to keep debt service expenses to less than twenty-five percent of the operating capital while maintaining the water treatment plant in good operating condition and replace or rehabilitate one percent (1.5 miles) of the water distribution system annually. The major challenge in meeting these financial goals is the annual cost to replace 1.5 miles of the water distribution system. The cost to complete this type of work has increased considerably over the past few years. Staff has budgeted $3,590,000 for this work in 2017 and estimates costs increasing three percent annually, resulting in an estimated needed budget amount in 2021 at just over $4,000,000. 384 of 476 As indicated in the attached water distribution main ages map, the Evanston distribution system is old, with one-third of the water mains over 100 years old and more than half of the water mains over 80 years old. Additionally seventy-eight percent of the distribution system is comprised of smaller diameter water mains that Evanston retail customers are solely responsible for. The responsibility for the remaining twenty-two percent of the distribution system is equally shared with Skokie. Unlike projects at the water plant where all of the wholesale water customers help fund the improvements, funding for water main projects is vastly dependent on revenue from the Evanston retail users. The cost of service model indicates that if the City continues to replace water main using bond proceeds, the annual debt service will exceed the goal on maintaining debt service costs below twenty-five percent of the annual operating capital. Impact to Users: On September 26, 2016, staff provided a detailed presentation on the capital and financial goals of the water and sewer funds. This report recommended that the sewer rates be decreased, as the debt service associated with the Long Range Sewer Improvement project retires, and the water rate be increased to a level that results in a neutral impact to the Evanston users. Exhibit 2 illustrates staff’s recommendation for both the sewer and water rates adjustments over the next several years. EXHIBIT 2 Evanston Combined Water & Sewer Rates per 100 Cubic Feet YEAR 2016 2017 2018 2019 2020 2021 Sewer Rate per 100 CF $3.94 $3.82 $3.67 $3.41 $3.14 $3.14 Water Rate per 100 CF $2.18 $2.30 $2.45 $2.71 $2.98 $2.98 Total Water & Sewer Rate $6.12 $6.12 $6.12 $6.12 $6.12 $6.12 Total Percent Change - 0% 0% 0% 0% 0% The cost of service model indicates that by increasing the water rate equivalent to the sewer rate decreases over the next several years will result in the water fund having sufficient cash revenues to minimize the amount of bond issues needed to fund water main replacement and keep debt service below 25% of the operating revenue. Summary: Evanston’s total water and sewer charges are currently in the middle of the range of similar rates from other comparable communities as indicated in Exhibit 3. 385 of 476 EXHIBIT 3 Evanston Combined Water & Sewer Rates per 100 Cubic Feet Community Water Sewer Total Skokie 5.26$ -$ 5.26$ Park Ridge 3.97$ 1.42$ 5.39$ Buffalo Grove 4.56$ 1.13$ 5.69$ Arlington Heights 5.84$ -$ 5.84$ Palatine 4.95$ 0.90$ 5.85$ Wheeling 5.82$ 1.44$ 7.26$ Glenview 6.06$ 1.32$ 7.38$ Des Plaines 6.75$ 0.76$ 7.51$ Chicago 3.81$ 3.81$ 7.62$ Evanston 2.92$ 5.27$ 8.19$ Wilmette 3.49$ 5.67$ 9.16$ Niles 8.44$ 0.75$ 9.19$ Lincolnwood 8.69$ 1.00$ 9.69$ Deerfield 5.67$ 4.32$ 9.99$ Schamburg 8.81$ 1.82$ 10.63$ Lincolnshire 5.13$ 5.77$ 10.90$ Oak Park 8.96$ 2.55$ 11.51$ Morton Grove 10.81$ 1.15$ 11.96$ Rate per 1,000 Gallons Staff believes that other communities will increase their combined rates over the next five years, where Evanston is projecting to avoid any combined rate increases. As a result, staff anticipates that the Evanston rate will move towards the top of this list and be one of the lower combined rates. Attachments: Ordinance 145-O-16 Utilities Commission memorandum dated October 21, 2016 Water distribution main ages map 386 of 476 10/25/2016 145-O-16 AN ORDINANCE Amending City Code Section 7-12-17, City Waterworks System “Charges, Rates, Fees and Penalties” NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 7-12-17 of the City Code is hereby amended to read as follows, to include a six percent (6%) rate increase effective January 1, 2017. 7-12-17: CHARGES, RATES, FEES AND PENALTIES: The fees and penalties for the waterworks system shall be paid according to the following table. Fees and penalties not covered by this table shall be as described in Section 1-4-1 of this Code. Waterworks System Charges, Rates, Fees and Penalties Construction Water Fee (prior to meter installation) Section 7-12-3(B) $100.00/ diametric inch/ month Connection Fee Initial Connections: ⅝ inch displacement ¾ inch displacement 1 inch displacement 1 ½ inch displacement 2 inch displacement, compound, or turbine 3 inch displacement 3 inch compound 3 inch turbine 4 inch displacement or compound 4 inch turbine 6 inch displacement or compound 6 inch turbine 8 inch compound 8 inch turbine $930.00 $1,331.00 $2,261.00 $4,393.00 $7,024.00 $13,310.00 $14,197.00 $15,923.00 $22,615.00 $27,280.00 $43,936.00 $54,483.00 $70,988.00 $80,081.00 387 of 476 145-O-16 ~2~ Upgrade Connections: The fee for upgrading to a larger connection shall equal the difference between the costs of the new, larger connection and the original connection. The fees collected for Initial Connections and Upgrade Connections shall be placed in a special account earmarked for the purpose of funding capital investment in new waterworks facilities. Replacement Connections: Services, 2” and smaller Services, greater than 2” Section 7-12-3(D) $100.00 $100.00/ diametric inch Water Meter Installation Permit Fee Section 7-12-6-2(B) $50.00 Water Meter Transfer Fee Section 7-12-6-2(B)2 $50.00 Meter Charges & Water Rates Bi-monthly meter charge - The minimum service charge includes the first five hundred cubic feet (500 cu.ft.) of water consumed during the two (2)-month period for which the minimum service charge is assessed. Any fractional part of the calendar year less than two (2) months shall be prorated and the proper minimum service charge collected. Quantity rate charged for all water used during the period for which the minimum service charge is assessed, in excess of the first five hundred cubic feet (500 cu.ft.) of water that is included in the minimum service charge. Section 7-12-7-1 Size Charge 5/8” and ¾” $7.78 8.25 1” $15.53 16.46 1 ½” $29.07 30.81 2” $45.77 48.52 3” $80.61 85.45 4” $129.13 136.88 6” $227.72 241.38 8” $385.50 408.63 $2.18 2.31/ 100 cubic feet Water Turn On Fee During business hours Outside of business hours Section 7-12-7-3 $25.00 $75.00 Fire Service Semi-Annual Charge Section 7-12-8 $20.00/ diametric inch/ 6 months Air Conditioning Device Annual Demand Charge (unless equipped with water conservation device) Section 7-12-9-2(C) $20.00/ ton capacity over 5 tons Unauthorized Water Turn On Penalty Services, 2” and smaller Services, greater than 2” Section 7-12-12 Time and materials for repairs plus: $100.00 $500.00 Shut-Off for Property Vacancy Fee Section 7-12-13 $50.00 Lawn Sprinkling Restriction Violation Penalty Section 7-12-14-2(C) $25.00 - $500.00 per day of violation 388 of 476 145-O-16 ~3~ Penalty For Tampering With City Waterworks System Section 7-12-15(A) $500.00 plus the estimated cost of water Penalty for Obstruction of Roundway, Service Box or Water Meter Section 7-12-15(B) $50.00 Cross Connection Control Device Installation Permit Fee Subsection 7-12-16-4 $40.00/ device Annual Cross Connection Control Fee Subsection 7-12-16-6 $35.00/ device SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this Ordinance 145-O-16 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This Ordinance 145-O-16 shall be in full force and effect on January 1, 2017, after its passage, approval, and publication in the manner provided by law. 389 of 476 145-O-16 ~4~ Introduced: _________________, 2016 Adopted: ___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 390 of 476 To: Honorable Mayor and Members of the City Council From: Members of the Utilities Commission Subject: Utilities Commission Support of the Proposed Modifications to the Water and Sewer Rates and the Proposed 2017 Water and Sewer Operating and Capital Budgets Date: October 21, 2016 Staff provided a thorough review of the City’s sewer and water infrastructure condition, and needed improvement over the 2017 through 2021 period during the Utilities Commission’s meeting on October 14, 2016. Following the presentation, the Utilities Commission unanimously approved a motion to support the proposed 3% sewer rate decrease and 6% water rate increase that were presented and explained at the September 19, 2016 special City Council meeting. Across the Nation cities are struggling with the cost of infrastructure maintenance and rehabilitation. The Evanston sewer and water funds have been prudently managed over the years to keep these vital services in good condition and reduce the cost of emergency repairs and loss of services. Due to the age of the buried sewer conduits and water mains, it is critical to continue to fund the program of replacing at least one percent of the buried infrastructure each year. Evanston has an excellent sewer and water system through past prudent management and we would like to continue this tradition. Please keep this in mind as you consider the 2017 budget and rates for sewer and water service. Memorandum 391 of 476 NORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGANMcCORMICK BLVDSH E R IDAN RD PARK PL ASHLAND AVEDODGE AVEHURD AVEGIRARD AVELEE STOAK AVE SHERIDAN PL RIDGE CTG R E E N B A Y R D THAYER ST PRATT CTGRANT JENKS ST HAVEN ST PAYNE ST LEON PL P O P L A R A V E GREY AVEHARRISON ST PR A I R I E A V E REBA PL COLFAX ST LEMAR AVEMARCY AVEDAVIS S T MAPLE AVEHARTZELL ST LIBRARY PL SIMPSON ST CLYDE AVEBROWN AVEGREELEYPITNER ALYLAUREL AVEHINMAN AVEDEWEY AVEEWING AVECOWPER AVEKIRK STHOVLAND CTJUDSON AVEGARRETT PLARBORLN FOREST AVEINGLESIDE PK GREY AVEST. MARK'S CTEMERSON ST CAMPUS DRSHERMAN AVEWILDER ST MILBURN PKGARRISON AVETHELIN CT FOREST PLASBURY AVEMICHIGAN AVEWESLEY AVELELAND AVECENTRAL ST CALLAN AVER ID GE TER HULL TER HOWARD ST ISABELLA ST GROSS POINT RDCUSTER AVEEMERSON ST LYONS ST FOWLER AVECLARK S T DARROW AVEPIONEER RDHASTINGS AVEHARTREY AVEBRUMMEL STPRINCETON AVEPROSPECT AVEHAMLIN ST PAYNE ELM AVECASE PLRIDGEWAY AVEMULFORD ST MICHIGAN AVELAWNDALE AVECHURCH S T CRAIN ST DEMPSTER STJACKSON AVEKEDZIE ST CLINTON PL McDANIEL AVEELMWOOD AVESEWARD ST ROS LYN PL E A S T R A I L R O A D A V E FLORENCE AVEBENSON AVESHERMAN PL CULVER FORESTVIEW RDMARTHA LNHAWTHORNE LN WADE CT BROWN AVECROFT LN COLFAX TER BROWNGREYBRI D G E ST CALVIN CIR BROWN AVERICHMOND AVENORMANDY PL WOODLAND RD ELINOR PL KEENEY ST SOUTH BLVD HAMILTON ST GREENWOOD ST UNIVERSITY PLREESE AVEAUTOBARN PL GAFFIELD PLLINCOLNWOOD DRCRAWFORD AVELEONARD PLCENTRAL PARK AVEBENNETT AVEMADISON PL BRADLEY PL GREENLEAF STWALNUT AVEROSALIE ST BURNHAM PL WARREN STLIVINGSTON WASHINGTON ST CLEVELAND ST MONTICELLO PL NATHANIEL PL HARVARD TERWOODBINE AVEMAPLE AVEDOBSON STDEWEY AVEDARROW AVEDEWEY AVEINGLESIDE PL RIDGE AVEASBURY AVEFOWLER AVEHARTREY AVECASE ST SOUTH BLVD ASHLAND AVESHERMAN AVELYONS ST ST E W A R T A V EMARCY AVEWELLINGTON CTCLEVELAND ST MONROE ST LINDEN PL LAKE SHORE BLVDKNOX CIRHILLSIDE LN TRINITY CT SHERIDAN SQEDGEMERE CTG R E E N B A Y R D GARNETT PL CENTRAL ST HARRISON RIDGEAVEPAYNE ST WESLEY AVECHURCH ST HARTZELL ST P R A I R I E A V E DODGE AVEOAKTON ST SOUTH BLVD CRAINMcDANIEL AVEPITNER AVELEE ST ASHLAND AVEGROVE ST FOSTER ST ASBURY AVEBARTON AVEGRANT ST BRYANT AVEJUDSON AVESHERMAN AVECOLFAX ST ISABELLA ST DAVIS ST MAIN ST RIDGE AVEASBURY AVET H A Y E R C T THAYER ST ISABELLA ST HAYES DARTMOUTH PL COLFAX PL THAYERTHAYERST C R A W F O R D LINCOLNWOOD DRLIVINGSTON ST CHANCELLOR ST CHANCELLOR LIVINGSTON MILBURN ST LAKESIDE CT EUCLIDPARK PL WESLEYCLARK STLYONS ST GREY AVEDEWEY AVEPAYNE ST MAIN STDODGE AVECENTRAL ST McDANIEL AVEEWING AVESHERIDAN RDBRUMMEL STPITNER AVELINCOLN ST HINMAN AVE SEWARD ST WESLEY AVECENTRAL ST KEENEY ST RIDGE AVEOAK AVEJACKSONSHERMAN AVEDOBSON ST LINCOLN ST SEWARD STDARROW AVEGREY AVEPARK PL NOYES ST LAKE ST THAYER ST WASHINGTON ST LAKE STMcDANIEL AVEBROWN AVEAUSTIN STASHLAND AVEWESLEY AVETECH DR NOYES CTHAMPTON PKYOTTO LNBERNARD PLMEADOW-LARK LNRIDGE AVEELGI N R D ELMWOOD AVECOLFAX ST HINMAN AVESIMPSON ST WESLEY AVEOAKTON ST SHERIDAN RD SHERID AN RD DEMPSTER ST GREY AVELEE ST SIMPSON ST CHICAGO AVECHICAGO AVEBENNETT AVEMADISON ST KEENEY STOAKRIDGE AVESHERIDAN RDGRANT ST ASBURY AVEGROVE S T ELG I N R D FLORENCE AVEFOREST AVEDODGE AVEFOSTER ST MULFORD ST GREENLEAF ST HILLSIDE RD HARTREY AVEHARTREY AVEGREY AVEARNOLD PLPITNER AVELINCO LN S T McCORMICK BLVDFOSTER STGREENWOOD ST CALLANPARK PL JUDSON AVE NOYES ST DARROW AVEASHLAND AVEHARRISON ST HOWARD ST NOYES GLENVIEW RD PRINCETONCLIFFORD ST HIGHLAND AVELAWNDALE AVEDARTMOUTH PL ARTSCIRCLE DRORRINGTON AVEEASTWOOD AVEBROADWAY AVEWASHINGTON ST NORTHWESTERNPL DRYDEN PL 700400 500300600 800200 900 1002600 1700 310012001900 1000 130014002200 2300 11001800280015003600 20002400 2700 34002100 250029001600300032003300 300600 2800 1900 1000 2700 400 2500 1400 800 1700 1600 700220024001400 200500 140020023002000 700 8002600 1200 22001500 16001200100 150013001002900190010005002100 220024001100 1100 2001300 28001000120026001500 2300 1800 2000700 300 900600400240025002000 13001800 300 800 6001100100 500 25002700 1600 170035002600170018009001900900210023002100400380037000 0.5 1 1.5 20.25 Miles City of EvanstonWater Distribution Mains 09/14/2016 This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. WaterMainAge.mxd ´ 1:31,6801 inch = 0.5 mile Main Road Local Street Railroad Water City Boundary Water Main Ages 100+ years old (50.5 miles) 80-99 years old (40.0 miles) 60-79 years old (8.2 miles) 0-59 years old (56.8 miles) 392 of 476 For City Council Meeting of November 28, 2016 Item A19 Ordinance 138-O-16: Left Turn Prohibition from Ridge Avenue onto Grove Street from 7AM to 7PM For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: David D. Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager Subject: Ordinance 138-O-16, Amending City Code, Section 10-11-3, Schedule III (A), Prohibiting Left Turn from Ridge Avenue onto Grove Street between the hours of 7AM to 7PM Date: November 15, 2016 Recommended Action: Staff recommends that City Council adopt proposed ordinance 138-O-16 which would amend Section 10-11-3, Schedule III (A) of the City Code to establish left turn prohibition from Ridge Avenue onto Grove Street between the hours of 7 AM to 7 PM. Funding Source: Funding will be through the General Fund-Traffic Control Supplies (Account 100.40.4510.65115), with a budget of $40,000 for FY 2016. The needed signs for the completed pilot program were already installed, and additional funding is not anticipated at this time. Livability Benefits: Built Environment: Enhance public spaces and provide complete streets Health & Safety:Improve emergency prevention and response Summary: To address safety and operational concerns at the intersection of Ridge Avenue and Grove Street, the Public Works Agency in coordination with the Evanston Police Department implemented turn restrictions on a trial basis starting in April, 2016. Between the hours of 7:00 AM and 7:00 PM the following traffic restrictions were implemented: north bound and south bound traffic on Ridge Avenue was prohibited from making left turns onto Grove Street; and east bound and west bound traffic on Memorandum 393 of 476 Grove Street was required to turn right only onto Ridge Avenue. The trial restriction has been successful in mitigating traffic accidents at the intersection. In 2015, there were 23 accidents between the hours of 7 AM to 7 PM, and in 2014 there were 15 accidents during that time period. During the trial period from April 13th to September 30th, there has been only one accident at the intersection. Therefore staff recommends that the changes be made permanent to address the safety issues. Attachment: Ordinance 138-O-16 394 of 476 11/28/16 138-O-16 AN ORDINANCE Amending City Code Section 10-11-3, Schedule III (A): No Turns NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Schedule III (A), “No Turns,” of Section 10-11-3 of the Evanston City Code of 2012, as amended, is hereby further amended to include the following: Ridge Avenue at Grove Street Northbound Left 7 A.M. – 7 P.M. Ridge Avenue at Grove Street Southbound Left 7 A.M. – 7 P.M. SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That if any provision of this Ordinance 138-O-16 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 138-O-16 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 138-O-16 is severable. 395 of 476 138-O-16 ~2~ SECTION 5: That this Ordinance 138-O-16 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 396 of 476 For City Council Meeting of November 28, 2016 Item A20 Ordinance 139-O-16: Right Turn Only from Grove Street onto Ridge Avenue from 7AM to 7PM For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: David D. Stoneback, Public Works Agency Director Lara Biggs, P.E., Bureau Chief – Capital Planning / City Engineer Rajeev Dahal, Senior Project Manager Subject: Ordinance 139-O-16, Amending City Code Section 10-11-3, Schedule III (C) allowing Right Turn Only from Grove Street onto Ridge Avenue between the Hours of 7 AM and 7 PM Date: November 15, 2016 Recommended Action: Staff recommends that City Council adopt proposed ordinance 139-O-16 which would amend Section 10-11-3, Schedule III (C) of the City Code to establish right turn only from Grove Street onto Ridge Avenue between the hours of 7 AM to 7 PM. Funding Source: Funding will be through the General Fund-Traffic Control Supplies (Account 100.40.4510.65115), with a budget of $40,000 for FY 2016. The needed signs for the completed pilot program were already installed, and additional funding is not anticipated at this time. Livability Benefits: Built Environment: Enhance public spaces and provide complete streets Health & Safety: Improve emergency prevention and response Summary: To address safety and operational concerns at the intersection of Ridge Avenue and Grove Street, the Public Works Agency in coordination with the Evanston Police Department implemented turn restrictions on a trial basis starting in April, 2016. Between the hours of 7:00 AM and 7:00 PM the following traffic restrictions were implemented: north bound and south bound traffic on Ridge Avenue was prohibited from making left turns onto Grove Street; and east bound and west bound traffic on Memorandum 397 of 476 Grove Street was required to turn right only onto Ridge Avenue. The trial restriction has been successful in mitigating traffic accidents at the intersection. In 2015, there were 23 accidents between the hours of 7 AM to 7 PM, and in 2014 there were 15 accidents during that time period. During the trial period from April 13th to September 30th, there has been only one accident at the intersection. Therefore staff recommends that the changes be made permanent to address the safety issues. Attachment: Ordinance 139-O-16 398 of 476 11/28/16 139-O-16 AN ORDINANCE Amending City Code Section 10-11-3, Schedule III (C): Right Turn Only NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Schedule III (C), “Right Turn Only,” of Section 10-11-3 of the Evanston City Code of 2012, as amended, is hereby further amended to include the following: Grove Street at Ridge Avenue Eastbound 7 A.M. – 7 P.M Grove Street at Ridge Avenue Westbound 7 A.M. – 7 P.M. SECTION 2: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: That if any provision of this Ordinance 139-O-16 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 139-O-16 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 139-O-16 is severable. 399 of 476 139-O-16 ~2~ SECTION 5: That this Ordinance 139-O-16 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 400 of 476 For City Council meeting of November 28, 2016 Item A21 Ordinance 141-O-16: City of Evanston 2016 Tax Levy For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Ashley King, Budget & Finance Manager Subject: Ordinance 141-O-16: City of Evanston 2016 Tax Levy Date: November 15, 2016 Recommended Action: Staff requests City Council adoption of Tax Levy Ordinance 141-O-16, which levies the annual property tax for General Fund Operations, Illinois Municipal Retirement Fund (IMRF), Police and Fire Pension Funds, and the General Assistance Fund totaling $29,670,871 or a 3.9% increase over the 2015 tax levy of $28,548,422 as extended. This calculation does not include Debt Service Levy decrease which then changes the total increase to the 2.38% as discussed during budget proceedings. Funding Source: N/A Livability Benefits: Education, Arts, and Community—will provide revenues for municipal operations Innovation and Process—support local government best practices and processes Summary: Each year the City of Evanston must levy a specific dollar amount with Cook County. These property tax levies are used to pay for general operations of the City, IMRF, Police and Fire Pension obligations, General Assistance Fund, Library operations (Ordinance 144-O-16), Special Service Area (SSA) #4 (Ordinance 142-O-16), and SSA #6 (Ordinance 143-O-16). The Library and SSA Levies have been provided under separate cover. The County automatically levies the amounts related to debt service (as budgeted in the Debt Service), which is explained in greater detail below. For the 2016 Levy (which will be collected in 2017), the General Fund Levy, the General Assistance Fund Levy, the Library Fund Levy and the Special Service Area #4 Levy, and Special Service Area #6 Levy are budgeted on a cash basis. The City has budgeted on a cash basis to reflect the true cash inflow. Police and Fire Pension Levies are done in accordance with the recent (1/1/16) actuarial recommendation by Foster and Foster and approved jointly by the City and the Police and Firefighter Pension Funds. Memorandum 401 of 476 Please note that the levy for general obligation debt service is handled differently than a municipal levy for general operating or pension contribution expenses. When a municipality in Cook County issues general obligation debt, the debt maturity schedule is filed with the County after issuance of the bonds, and the County will automatically levy an amount on behalf of the municipality to make the necessary debt payments for both principal and interest. Therefore, the City of Evanston does not levy an annual amount for debt service since the County already does so. Rather, the City must approve and file the necessary abatements for any amounts the City does not desire the County to automatically levy. These tax abatements will be presented to the City Council for action on December 12, 2016. The table below is a summary of the 2016 Levies (as extended with 2.0% loss ratio added) as listed in the attached General Fund and Pension Tax Levy Ordinance: General Corporate Levy (per FY17 proposed budget) $ 7,889,028 IMRF Pension Levy (per FY17 proposed budget) $ 2,719,691 General Assistance Fund Levy (Per FY 17 proposed budget) $ 918,367 Fire Pension Levy (per FY17 proposed budget) $ 8,029,295 Police Pension Levy (per FY17 proposed budget) $10,114,490 Total Levy (excluding Debt Service and Library) $29,670,871 The corresponding total for 2015 Levy was $28,548,422. This change results in a net increase of $930,152 or 3.9% from last year’s levy. Adding the Debt Service and Library Fund levy, the total Proposed Levy for 2016 is $47,538,530 which includes the loss factor of 2.0%. The 2015 Adopted Tax Levy including the loss factor was $46,394,913 making the proposed increase 2.46% for all funds. Questions regarding the Tax Levy may be directed to the City Treasurer at: Martin Lyons Treasurer 847.448.8082 mlyons@cityofevanston.org Attachments: Ordinance 141-O-16 402 of 476 10/25/2016 141-O-16 AN ORDINANCE Levying Taxes in the City of Evanston, County of Cook, and State of Illinois, for the Fiscal Year Beginning January 1, 2017 and Ending December 31, 2017 WHEREAS, the City of Evanston, Illinois, has heretofore adopted an annual budget for the fiscal year beginning January 1, 2017, and ending December 31, 2017, which said Budget document was reviewed at a public hearing and copies of which said Budget document have been continuously available for public inspection at the office of the City Clerk of the City of Evanston at the Civic Center, 2100 Ridge Avenue, Evanston, Illinois, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except holidays; and WHEREAS, said Budget document contains the expenditures to be made with the monies collected through taxation and other sources during said fiscal year; and WHEREAS, the City of Evanston, Illinois, is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitution of the State of Illinois, which said Constitution, in Section 6(a) thereof, grants unto the City of Evanston as a Home Rule unit of local government the power to tax; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities of the City of Evanston, Illinois, for the current fiscal year beginning January 1, 2017, there is hereby levied on all real property subject to taxation within the corporate limits of said City of Evanston as assessed and equalized for the year 2016 the sum of twenty-nine million, 403 of 476 141-O-16 ~2~ six hundred seventy thousand, eight hundred seventy-one dollars ($29,670,871), being the total of the budget legally made plus allowances for collection losses, which are to be collected from the tax levy of the City of Evanston for the year 2016 and all corporate purposes appropriated and specifically referred to in the annual Budget passed by the City Council of the City of Evanston at a regular Council meeting held November 28, 2016. Budgeted Funds are to be collected from the tax levy of the current fiscal year of the City of Evanston, Illinois, for: General Corporate Levy (per FY17 proposed budget) $ 7,889,028 IMRF Pension Levy (per FY17 proposed budget) $ 2,719,691 General Assistance Fund Levy (Per FY 17 proposed budget) $ 918,367 Fire Pension Levy (per FY17 proposed budget) $ 8,029,295 Police Pension Levy (per FY17 proposed budget) $10,114,490 Total Levy (excluding Debt Service and Library) $29,670,871 The specific amounts hereby levied for the various purposes and funds are designated by being placed in separate columns under the heading “To Be Raised By Taxation,” and are identified in that manner on the following pages of this Ordinance. SECTION 2: That there be budgeted for the City of Evanston: A) seven million, eight hundred eighty-nine thousand, twenty-eight dollars ($7,889,028) for the General Corporate Purposes; B) two million, seven hundred nineteen thousand, six hundred ninety one dollars ($2,719,691) for the Illinois Municipal Retirement Fund Pension(IMRF); C) nine hundred eighteen thousand, three hundred sixty-seven dollars ($918,367) for the General Assistance Fund; D) eight million, twenty-nine thousand, two hundred ninety-five dollars ($8,029,295) for the Fire Pension Fund; and D) ten million, one hundred fourteen thousand, four hundred ninety dollars ($10,114,490) for the Police Pension Fund, as outlined in the City of Evanston Tax Levy Filing with Cook County FY 404 of 476 141-O-16 ~3~ 2017 Budget – Tax Levy Year 2016 to be Received in FY 2017, attached hereto as “Exhibit 1” and incorporated herein by reference. SECTION 3: That the foregoing recitals are found as fact and made a part hereof. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this Ordinance 141-O-16 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 405 of 476 141-O-16 ~4~ Exhibit 1 City of Evanston Tax Levy filing with Cook County FY2017 Budget - Tax Levy Year 2016 to be received in FY2017 406 of 476 Exhibit A Amount Sources Account Department Amount To Be Outside Category Division Description Budgeted Levied Tax Levy Salary & Benefits 100.1300/1400 City Council and Clerk 486,359 33,532 452,827.26$ Services and Supplies 100.1300/1400 City Council and Clerk 99,244 6,842 92,402 Other Charges 100.1300/1400 City Council and Clerk 182,541 12,585 169,956 768,144 52,960 715,185 Salary & Benefits 100.1505-1580 City Manager's Office 2,681,879 184,902 2,496,977 Services and Supplies 100.1505-1580 City Manager's Office 1,206,280 83,167 1,123,113 Other Charges 100.1505-1580 City Manager's Office 2,188,391 150,878 2,037,512 6,076,549 418,947 5,657,602 Salary & Benefits 100.1705/1710 Law 860,692 59,340 801,352 Services and Supplies 100.1705/1710 Law 143,564 9,898 133,666 Other Charges 100.1705/1710 Law 118,471 8,168 110,303 1,122,727 77,406 1,045,321 Salary & Benefits 100.1905-1999 Administrative Services 5,547,009 382,438 5,164,571 Services and Supplies 100.1905-1999 Administrative Services 2,734,172 188,507 2,545,665 Other Charges 100.1905-1999 Administrative Services 1,225,177 84,470 1,140,707 9,506,358 655,415 8,850,943 Salary & Benefits 100.2101-2715 Community Development 2,006,019 138,305 1,867,714 Services and Supplies 100.2101-2715 Community Development 184,315 12,708 171,607 Other Charges 100.2101-2715 Community Development 546,997 37,713 509,284 2,737,331 188,725 2,548,606 Salary & Benefits 100.2205-2290 Police 22,158,005 1,527,682 20,630,323 Services and Supplies 100.2205-2290 Police 788,928 54,393 734,535 Other Charges 100.2205-2290 Police 14,156,449 976,015 13,180,434 37,103,382 2,558,090 34,545,292 Salary & Benefits 100.2305-2320 Fire 11,426,707 787,813 10,638,894 Services and Supplies 100.2305-2320 Fire 428,023 29,510 398,513 Other Charges 100.2305-2320 Fire 11,216,869 773,346 10,443,523 23,071,599 1,590,669 21,480,930 Salary & Benefits 100.2405-4540 Health and Human Services 1,659,838 114,437 1,545,401 Services and Supplies 100.2405-4540 Health and Human Services 198,771 13,704 185,067 Other Charges 100.2405-4540 Health and Human Services 1,659,014 114,381 1,544,633 3,517,623 242,522 3,275,101 Salary & Benefits 100.2605-7690 Public Works 8,228,201 567,293 7,660,908 Services and Supplies 100.2605-7690 Public Works 2,826,369 194,864 2,631,505 Other Charges 100.2605-7690 Public Works 5,043,790 347,744 4,696,046 16,098,360 1,109,900 14,988,460 Salary & Benefits 100.3005-3950 s, Recreation/Community Ser 6,237,903 430,072 5,807,831 Services and Supplies 100.3005-3950 s, Recreation/Community Ser 3,994,924 275,430 3,719,494 Other Charges 100.3005-3950 s, Recreation/Community Ser 1,901,675 131,111 1,770,564 12,134,502 836,612 11,297,890 Salary & Benefits N/A Total General Fund 61,292,612 4,225,814 57,066,798 Services and Supplies N/A Total General Fund 12,604,590 869,022 11,735,567 Other Charges N/A Total General Fund 38,239,374 2,636,410 35,602,963 112,136,576 7,731,247$ 104,405,329$ Collection Losses Collection Losses 157,781 Total General Corporate Purpose Tax Levy 7,889,028$ EXHIBIT A City of Evanston Tax Levy Filing with Cook County General Corporate Purpose Tax Levy - Tax Levy Year 2016 to be Received in FY 2017 407 of 476 Exhibit B Account Number Account Description 2017 Proposed Budget 61710 IMRF 8,290 8,290 61710 IMRF 18,553 18,553 61710 IMRF 227,951 227,951 61710 IMRF 70,224 70,224 61710 IMRF 457,319 457,319 61710 IMRF 167,414 167,414 61710 IMRF 400,959 400,959 61710 IMRF 22,839 22,839 61710 IMRF 131,418 131,418 61710 IMRF 427,888 427,888 61710 IMRF 786,836 786,836 2,719,691 2,719,691 Total Expenditures 2,719,691 Collection Losses 54,394 Net Levy 2,665,297 Fund EXPENSE Total: 100 - GENERAL FUND artment Total: 30 - PARKS, REC. AND COMMUNITY SERV. Department: 40 - PUBLIC WORKS AGENCY Department Total: 40 - PUBLIC WORKS AGENCY EXPENSES Total Department Total: 24 - HEALTH Department: 30 - PARKS, REC. AND COMMUNITY SERV. Department Total: 22 - POLICE Department: 23 - FIRE MGMT & SUPPORT Department Total: 23 - FIRE MGMT & SUPPORT Department: 24 - HEALTH Department Total: 21 - COMMUNITY DEVELOPMENT Department: 22 - POLICE Department Total: 17 - LAW Department: 19 - ADMINISTRATIVE SERVICES Department Total: 19 - ADMINISTRATIVE SERVICES Department: 21 - COMMUNITY DEVELOPMENT Department Total: 15 - CITY MANAGER'S OFFICE Department: 17 - LAW Department Total: 13 - CITY COUNCIL Department: 14 - CITY CLERK Department Total: 14 - CITY CLERK Department: 15 - CITY MANAGER'S OFFICE IMRF 2016 Tax Levy Fund: 100 - GENERAL FUND EXPENSES Department: 13 - CITY COUNCIL 408 of 476 General Assistance -- 2016 Tax Levy Exhibit C Account Number Account Description 2017 Proposed Budget Sources Outside Levy 2016 Tax Levy 61615 LIFE INSURANCE 7 7 61010 REGULAR PAY 239,247 79,780 159,467 61725 SOCIAL SECURITY 14,945 14,945 61730 MEDICARE 3,496 3,496 61710 IMRF 18,919 18,919 276,614 117,147 159,467 62275 POSTAGE CHARGEBACKS 800 800 62295 TRAINING & TRAVEL 2,500 2,500 62360 MEMBERSHIP DUES 500 500 64566 RENTAL EXPENSE- GA CLIENT 200,000 200,000 64567 PERSONAL EXPENSE- GA CLIENT 500,000 500,000 64568 TRANSPORTATION EXPENSE- GA CLIENT 4,000 4,000 64569 50/50 WORK PROGRAM- GA CLIENT 1,500 1,500 64570 CLIENT OTHER NEEDS- GA CLIENT 500 500 64573 ALL OTHER PHYSICIANS- GA CLIENT 500 500 64577 EMERGENCY ROOM PHYSICIANS- GA CLIENT 500 500 64578 PSYCH OUTPATIENT/MENTAL- GA CLIENT 300 300 64582 MORTGAGE/RENTAL EXPENSE- EAS CLIENT 30,000 30,000 64585 UTILITIES - COMED-EAS CLIENT 5,000 5,000 64586 UTILITIES - NICOR-EAS CLIENT 5,000 5,000 64587 UTILITIES - COE WATER -EAS CLIENT 5,000 5,000 64574 DRUGS- GA CLIENT 300 300 64584 FOOD VOUCHERS - EMERGENCY- EAS CLIENT 500 500 65010 BOOKS, PUBLICATIONS, MAPS 1,000 1,000 65095 OFFICE SUPPLIES 1,000 1,000 758,900 0 758,900 61510 HEALTH INSURANCE 30,968 30,968 30,968 30,968 0 62490 OTHER PROGRAM COSTS 7,000 7,000 7,000 7,000 0 1,073,482 155,115 918,367 1,073,482 155,115 918,367 1,073,482 155,115 918,367 1,073,482 155,115 918,367 Total to be Levied 918,367 Loss Factor 18,367 Amount to be raised by taxes 900,000 EXPENSES Total Fund EXPENSE Total: 175 - GENERAL ASSISTANCE FUND EXPENSE GRAND Totals: ount Classification Total: Serv & Supplies - Services and Supplies Ins & Chg Backs - Insurance and Other Chargebacks ation Total: Ins & Chg Backs - Insurance and Other Chargebacks Miscellaneous - Miscellaneous Account Classification Total: Miscellaneous - Miscellaneous Department Total: 24 - HEALTH Fund: 175 - GENERAL ASSISTANCE FUND EXPENSES Department: 24 - HEALTH Salary & Benefit - Salary and Benefits ccount Classification Total: Salary & Benefit - Salary and Benefits Serv & Supplies - Services and Supplies 409 of 476 Exhibit D Account Number Account Description 2017 Proposed Budget Sources Outside Levy 2016 Tax Levy 61755 PENSION-ADMIN. EXPENSE 150,000 150,000 61770 RETIRED EMPLOYEES PENSION 6,000,000 - 6,000,000 61775 WIDOWS' PENSIONS 1,100,000 525,705 574,295 61785 DISABILITY PENSIONS 1,350,000 - 1,350,000 61795 QILDRO'S 105,000 - 105,000 8,705,000 675,705 8,029,295 8,705,000 675,705 8,029,295 8,705,000 675,705 8,029,295 8,705,000 675,705 8,029,295 8,705,000 675,705 8,029,295 8,705,000 675,705 8,029,295 Total to be Levied 8,029,295 Loss Factor 160,586 Amount to be raised by taxes 7,868,709 unt Classification Total: Salary & Benefit - Salary and Benefits Business Unit Total: 8000 - FIREFIGHTERS' PENSION Department Total: 23 - FIRE MGMT & SUPPORT EXPENSES Total Fund EXPENSE Total: 700 - FIRE PENSION FUND EXPENSE GRAND Totals: Fire Pension Fund-- 2016 Tax Levy Fund: 700 - FIRE PENSION FUND EXPENSES Department: 23 - FIRE MGMT & SUPPORT Business Unit: 8000 - FIREFIGHTERS' PENSION Salary & Benefit - Salary and Benefits 410 of 476 Exhibit E Account Number Account Description 2017 Proposed Budget Sources Outside Levy 2016 Tax Levy 61755 PENSION-ADMIN. EXPENSE 250,000 250,000 61770 RETIRED EMPLOYEES PENSION 9,520,000 117,510 9,402,490 61775 WIDOWS' PENSIONS 1,060,000 1,060,000 61785 DISABILITY PENSIONS 690,000 690,000 61790 SEPARATION REFUNDS 275,000 275,000 61795 QILDRO'S 22,000 22,000 $11,817,000 $1,702,510 $10,114,490 $11,817,000 $1,702,510 $10,114,490 $11,817,000 $1,702,510 $10,114,490 $11,817,000 $1,702,510 $10,114,490 $11,817,000 $1,702,510 $10,114,490 $11,817,000 $1,702,510 $10,114,490 Total to be Levied 10,114,490 Loss Factor 202,290 Amount to be raised by taxes 9,912,200 unt Classification Total: Salary & Benefit - Salary and Benefits Business Unit Total: 8100 - POLICEMEN'S PENSION Department Total: 22 - POLICE EXPENSES Total Fund EXPENSE Total: 705 - POLICE PENSION FUND EXPENSE GRAND Totals: Police Pension Fund-- 2016 Tax Levy Fund: 705 - POLICE PENSION FUND EXPENSES Department: 22 - POLICE Business Unit: 8100 - POLICEMEN'S PENSION Salary & Benefit - Salary and Benefits 411 of 476 For City Council meeting of November 28, 2016 Item A22 Ordinance 142-O-16: 2016 Special Service Area #4 Tax Levy For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Ashley King, Budget & Finance Manager Subject: Special Service Area #4: 2016 Tax Levy Date: November 15, 2016 Recommended Action: Staff requests City Council adoption of Tax Levy Ordinance 142-O-16, which levies the annual property tax for Special Service Area #4 in the amount of $329,592, or a 0% increase. Funding Source: N/A Livability Benefits: Education, Arts, and Community—will provide revenues for municipal operations Innovation and Process—support local government best practices and processes Summary: Ordinance 142-O-16 is the annual tax levy for Special Service Area #4, which funds a portion of the activities of Downtown Evanston. The 2016 Levy is based on the City’s agreement with Downtown Evanston and on the FY 2017 Proposed Budget for the City of Evanston. The total tax levy as extended for 2016 is $329,592. As noted in the report for approval of the Downtown Evanston Budget, this Levy is equal to the 2015 levy extended in 2016. The Proposed 2017 City Budget shows this levy at $323,000 and once the loss collection is calculated the final number is $329,592. Questions regarding this ordinance may be forwarded to: Martin Lyons Treasurer 847.448.8082 mlyons@cityofevanston.org ------------------------------------------------------------------------------------ Attachment: Ordinance 142-O-16 Memorandum 412 of 476 10/25/2016 142-O-16 AN ORDINANCE Levying Taxes for the Special Service Area No. 4 of the City of Evanston, County of Cook, and State of Illinois, for the Fiscal year Beginning January 1, 2017, and Ending December 31, 2017 WHEREAS, the City of Evanston, Illinois is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitution of the State of Illinois, which said Constitution in Section 6(a) thereof grants unto the City of Evanston as a Home Rule unit of government the power to tax; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities of the Special Service Area No. 4 of the City of Evanston, Illinois, for the fiscal year beginning January 1, 2017, there is hereby levied on all real property subject to taxation within the limits of said Special Service Area No. 4 of the City of Evanston as assessed and equalized for the year 2016, the sum of three hundred twenty-nine thousand five hundred ninety-two dollars ($329,592.00), being the total 2017 budget plus allowances for collection losses, which are to be collected from the tax levy of Special Service Area No. 4 of the City of Evanston for the year 2016. The specific amounts levied for the various purposes and funds are designated by being placed in separate 413 of 476 142-O-16 columns under headings "To Be Raised By Taxation," and are identified in that manner on the following pages of this Ordinance. SECTION 2: That there be appropriated for the City of Evanston Special Service Area No. 4: Fund 210 – Special Service Area No. 4 Special Service Area No. 4 Fund Budget Source Other Than Taxation Levy Taxes Personal Services $182,949 $0 $182,949 Maintenance $180,784 $40,733 $140,051 Professional and Other $239,800 $239,800 $0 SUBTOTAL $603,533 $257,263 $323,000 Collection Losses $6,592 TOTAL TAXATION $329,592 SECTION 3: Per City ordinance 67-O-07 adopted July 9, 2007, under no circumstances shall the total annual amount levied exceed 0.1464% of the Special Service Area No. 4 equalized assessed valuation. SECTION 4: That the foregoing recitals are found as fact and made a part hereof. SECTION 5: That all ordinances or parts of ordinances in conflict herewith are repealed. SECTION 6: That this ordinance 142-O-16 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 414 of 476 142-O-16 Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, City Attorney 415 of 476 For City Council meeting of November 28, 2016 Item A23 Ordinance 143-O-16: 2016 Special Service Area #6 Tax Levy For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Ashley King, Budget & Finance Manager Subject: Special Service Area #6: 2016 Tax Levy Date: November 15, 2016 Recommended Action: Staff requests City Council adoption of Tax Levy Ordinance 143-O-16, which levies the annual property tax for Special Service Area #6 in the amount of $214,286 or a 0% increase. Funding Source: N/A Livability Benefits: Education, Arts, and Community—will provide revenues for municipal operations Innovation and Process—support local government best practices and processes Summary: Ordinance 143-O-16 is the tax levy for Special Service Area #6, which funds a portion of the activities of the Dempster Street, Chicago Avenue, and Main Street Special Service Area. The 2016 Levy is based on the City’s agreement with the Main-Dempster Mile Special Service Area and on the FY 2017 Proposed Budget for the City of Evanston. The total tax levy as extended for 2016 is $214,286. Questions regarding this ordinance may be forwarded to: Martin Lyons Treasurer 847.448.8082 mlyons@cityofevanston.org ------------------------------------------------------------------------------------ Attachment: Ordinance 143-O-16 Memorandum 416 of 476 10/25/2016 143-O-16 AN ORDINANCE Levying Taxes for the Special Service Area No. 6 of the City of Evanston, County of Cook, and State of Illinois, for the Fiscal year Beginning January 1, 2017, and Ending December 31, 2017 WHEREAS, the City of Evanston, Illinois is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitution of the State of Illinois, which said Constitution in Section 6(a) thereof grants unto the City of Evanston as a Home Rule unit of government the power to tax; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities of the Special Service Area No. 6 of the City of Evanston, Illinois, for the fiscal year beginning January 1, 2017, there is hereby levied on all real property subject to taxation within the limits of said Special Service Area No. 6 of the City of Evanston as assessed and equalized for the year 2016, the sum of two hundred fourteen thousand, two hundred eighty-six dollars ($214,286), being the total 2017 Budget plus allowances for collection losses, which are to be collected from the tax levy of Special Service Area No. 6 of the City of Evanston for the year 2016. The specific amounts levied for the various purposes and funds are designated by being placed in separate columns 417 of 476 143-O-16 under headings "To Be Raised By Taxation," and are identified in that manner on the following pages of this Ordinance. SECTION 2: That there be appropriated for the City of Evanston Special Service Area No. 6: Special Service Area No. 6 Fund Budgeted Other Sources Levy Taxes Professional and Other 214,286 - 214,286 TOTAL TAXATION 214,286$ Fund 350-- Special Service Area No. 6 SECTION 3: Per City ordinance 69-O-15 adopted July 13, 2015, under no circumstances shall the total annual amount levied exceed 0.45% of the Special Service Area No. 6 equalized assessed valuation. SECTION 4: That the foregoing recitals are found as fact and made a part hereof. SECTION 5: That all ordinances or parts of ordinances in conflict herewith are repealed. SECTION 6: That this ordinance 143-O-16 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 418 of 476 143-O-16 Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, City Attorney 419 of 476 For City Council meeting of November 28, 2016 Item A24 Ordinance 144-O-16: 2016 Library Tax Levy For Action To: Honorable Mayor and Members of the City Council From: Karen Danczak Lyons, Library Director Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Ordinance 144-O-16: Evanston Library Fund 2016 Tax Levy Date: November 15, 2016 Recommended Action: The Library Board requests City Council adoption of Tax Levy Ordinance 144-O-16, which levies the annual property tax for the Evanston Public Library in the amount of $6,412,610 as extended, or a 3.8% increase. Funding Source: N/A Livability Benefits: Education, Arts, and Community—will provide revenues for municipal operations Innovation and Process—support local government best practices and processes Summary: The Library Fund Levy is proposed at $6,412,610. This request represents a 3.8% increase over the 2015 Levy of $6,177,735. Questions regarding this ordinance may be forwarded to: Martin Lyons Treasurer 847.448.8082 mlyons@cityofevanston.org Karen Danczak Lyons Library Director 847.448.8655 kdanczaklyons@cityofevanston.org ------------------------------------------------------------------------------------ Attachment: Ordinance 144-O-16 Memorandum 420 of 476 10/25/2016 144-O-16 AN ORDINANCE Levying Taxes for the Library Fund in the City of Evanston, County of Cook, and State of Illinois, for the Fiscal Year Beginning January 1, 2017 and Ending December 31, 2017 WHEREAS, the City of Evanston, Illinois, has heretofore adopted an annual budget for the fiscal year beginning January 1, 2017, and ending December 31, 2017, which said Budget document was reviewed at a public hearing and copies of which said Budget document have been continuously available for public inspection at the office of the City Clerk of the City of Evanston at the Civic Center, 2100 Ridge Avenue, Evanston, Illinois, between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday, except holidays; and WHEREAS, said Budget document contains the expenditures to be made with the monies collected through taxation and other sources during said fiscal year; and WHEREAS, the City of Evanston, Illinois, is a Home Rule unit of local government pursuant to the terms and provisions of Article VII of the 1970 Constitution of the State of Illinois, which said Constitution, in Section 6(a) thereof, grants unto the City of Evanston as a Home Rule unit of local government the power to tax; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That, in order to meet expenses and liabilities for the Library Fund of the City of Evanston, Illinois, for the current fiscal year beginning January 1, 2017, there is hereby levied on all real property subject to taxation within the corporate 421 of 476 144-O-16 ~2~ limits of said City of Evanston as assessed and equalized for the year 2016 the sum of Six Million, Four Hundred Twelve Thousand, Six Hundred Ten Dollars ($6,412,610), being the total of the budget legally made plus allowances for collection losses, which are to be collected from the tax levy of the City of Evanston for the year 2016 for Library Fund Purposes appropriated and specifically referred to in the annual Budget passed by the City Council of the City of Evanston at a regular Council meeting held November 28, 2016. The specific amounts hereby levied for the Library Fund purposes is designated by being placed in separate column under the heading “To Be Raised By Taxation,” and is identified in that manner on the following pages of this Ordinance. SECTION 2: That there be appropriated for the City of Evanston: The sum of Six Million, Four Hundred Twelve Thousand, Six Hundred Ten Dollars ($6,412,610), for the Library Fund Purposes, as outlined in the City of Evanston Tax Levy Filing with Cook County FY17 Budget – Tax Levy Year 2016 to be Received in FY17, attached hereto as “Exhibit A” and incorporated herein by reference. SECTION 3: That the foregoing recitals are found as fact and made a part hereof. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this Ordinance 144-O-16 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 422 of 476 144-O-16 ~3~ Introduced:_________________, 2016 Adopted:___________________, 2016 Approved: __________________________, 2016 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 423 of 476 144-O-16 ~4~ Exhibit A City of Evanston Tax Levy filing with Cook County FY2017 Budget - Tax Levy Year 2016 to be received in FY2017 424 of 476 Exhibit A Amount Sources Account Department Amount To Be Outside Category Division Description Budgeted Levied Tax Levy Salary & Benefits 185.4805 Library Youth Services 862,717 747,774 114,942.59$ Services and Supplies 185.4805 Library Youth Services 272,500 236,194 36,306 Other Charges 185.4805 Library Youth Services 106,911 92,667 14,244 1,242,128 1,076,635 165,493 Salary & Benefits 185.4806 Library Adult Services 961,190 833,128 128,062 Services and Supplies 185.4806 Library Adult Services 659,850 571,936 87,914 Other Charges 185.4806 Library Adult Services 96,332 83,497 12,835 1,717,372 1,488,561 228,811 Salary & Benefits 185.4820 Library Circulation 574,775 498,196 76,579 Services and Supplies 185.4820 Library Circulation 9,600 8,321 1,279 Other Charges 185.4820 Library Circulation 51,902 44,987 6,915 636,277 551,504 84,773 Salary & Benefits 185.4825 Library Neighborhood Services 342,500 296,868 45,632 Services and Supplies 185.4825 Library Neighborhood Services 98,538 85,409 13,129 Other Charges 185.4825 Library Neighborhood Services 44,965 38,974 5,991 486,003 421,251 64,752 Salary & Benefits 185.4835 Library Technical Services 468,855 406,388 62,467 Services and Supplies 185.4835 Library Technical Services 243,970 211,465 32,505 Other Charges 185.4835 Library Technical Services 49,653 43,038 6,615 762,478 660,891 101,587 Salary & Benefits 185.4840 Library Maintenance 428,587 371,485 57,102 Services and Supplies 185.4840 Library Maintenance 295,200 255,870 39,330 Other Charges 185.4840 Library Maintenance 96,963 84,044 12,919 820,750 711,399 109,351 Salary & Benefits 185.4845 Library Administration 822,212 712,666 109,546 Services and Supplies 185.4845 Library Administration 310,400 269,044 41,356 Other Charges 185.4845 Library Administration 402,725 349,069 53,656 1,535,337 1,330,779 204,558 Salary & Benefits 185.4850 Library Grants - - - Services and Supplies 185.4850 Library Grants 50,000 43,338 6,662 Other Charges 185.4850 Library Grants - - - 50,000 43,338 6,662 Salary & Benefits N/A Total Library Fund 4,460,836 3,866,504 594,332 Services and Supplies N/A Total Library Fund 1,940,058 1,681,578 258,480 Other Charges N/A Total Library Fund 849,451 736,276 113,175 7,250,345 6,284,358$ 965,987$ Collection Losses Collection Losses 128,252 Total Library Tax Levy 6,412,610$ EXHIBIT A Evanston Public Library Tax Levy Filing with Cook County Tax Levy Year 2016 to be Received in FY 2017 425 of 476 For City Council Meeting of November 28, 2016 Item A25 Ordinance 147-O-16, Resident Only Parking District For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Erika Storlie, Deputy City Manager/Director of Administrative Services Rickey A. Voss, Parking/Fleet Manager Subject: Ordinance 147-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (F); Residents Parking Only Districts, of the Evanston City Code, Seven o’clock (7 a.m.) to Nine o’clock (9 a.m.) Date: November 15, 2016 Recommended Action: The Transportation/Parking Committee and staff recommend that the City Council City adopt Ordinance 147-O-16, Amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules, Section 18: Schedule XVIII (E) and (F); Residents Parking Only Districts, of the Evanston City Code adding the both sides of Jackson Avenue from Lincoln Street to Central Street, both sides of Rosalie Street from Jackson Avenue to Asbury Avenue and Asbury Avenue, west side from Lincoln Street to Rosalie, seven o’clock (7 a.m.) to nine o’clock (9 a.m.), Monday – Friday. Livability Benefit: Built Environment: Provide compact and complete streets and neighborhoods Funding Source: N/A Summary: In September of 2016, residents of the 2400 – 2500 block of Jackson Avenue brought a series of concerns to Alderman Revelle about parking of employees of businesses from the Central Street Business District, the hospital and commuters. The residents stated that due to the increased activity, parking in the area has become nearly impossible for the residents. An extension of Residential Parking Permit District 6 would deter said parking. Parking staff conducted a parking survey to determine if the 2400-2500 block of Jackson Street was in fact impacted by commuter and other non-resident parking. The survey, conducted from September 12 through September 16, 2016 indicated that the affected area is substantially impacted. There was an average of 78% of available parking affected during the survey with nine (9) consecutive two hour (2) time periods with a 87% occupancy rate or greater. Out of the 110 different license plates recorded during the survey 49% did not register to Evanston, 31% to the immediate area Memorandum 426 of 476 2 (Jackson, Rosalie, and Central), 16% other Evanston areas and 4% could not be verified as to residency. Staff included a postcard survey to ensure that residents were aware of the recommended changes and residents supported the recommended which would include Jackson Avenue, Rosalie Street and Asbury Avenue (Lincoln to Rosalie). The Transportation/Parking Committee recommended approval of the change at the October 26, 2016 meeting. --------------------------------------------------------------------- Attached: Ordinance 147-O-16 427 of 476 11/14/2016 147-O-16 AN ORDINANCE Amending Schedule XVIII (F) of City Code Title 10, Chapter 11, Section 18, “District Six (6),” Adding Parking Restrictions to Portions of Asbury Avenue, Jackson Avenue, and Rosalie Street NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Schedule XVIII (F), “District Six (6),” of Section 10-11-18 of the Evanston City Code of 2012, as amended, is hereby further amended to include the following: Asbury Avenue West Side Lincoln Street to Rosalie Street Jackson Avenue Both Sides Lincoln Street to Central Street Rosalie Street Both Sides Jackson Avenue to Asbury Avenue SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this Ordinance 147-O-16 or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 147-O-16 that 428 of 476 147-O-16 ~2~ can be given effect without the invalid application or provision, and each invalid application of this Ordinance 147-O-16 is severable. SECTION 5: This Ordinance 147-O-16 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 429 of 476 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, November 28, 2016 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston James C. Lytle Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN REVELLE, CHAIR II.APPROVAL OF REGULAR MEETING MINUTES OF SEPTEMBER 26, 2016 III.ITEM FOR CONSIDERATION (P1) Ordinance 117-O-16, Updating Various Parts of Title 6, “Zoning” of the Evanston City Code to Conform with the City of Evanston Inclusionary Housing Ordinance The Plan Commission and staff recommend adopting Ordinance 117-O-16 amending parts of Title 6, “Zoning” of the City Code to codify development bonuses established by the City of Evanston’s Inclusionary Housing Ordinance (IHO). A synopsis of the amendments are as follows: a new subsection outlining available development bonuses will be added to all zoning districts that allow residential uses; parking requirements will be updated for residential developments which fall under IHO requirements and provide on-site affordable units; and the addition of definitions for Transit Oriented Development (TOD), TOD Area and Transit Station, each currently a part of the IHO. For Introduction IV.ITEM FOR DISCUSSION V. COMMUNICATIONS VI.ADJOURNMENT 430 of 476 Planning & Development Committee Meeting Minutes of September 26, 2016 7:15 p.m. James C. Lytle Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: A. Rainey, M. Tendam, M. Wynne D. Wilson, J. Fiske, E. Revelle, STAFF PRESENT: M. Masoncup, M. Muenzer OTHERS PRESENT: PRESIDING OFFICIAL: Ald. Wilson I. DECLARATION OF QUORUM A quorum being present, Chair Wilson called the meeting to order at 7:15 p.m. II.APPROVAL OF REGULAR MEETING MINUTES OF SEPTEMBER 12, 2016 Ald. Rainey moved to approve the minutes of the September 12, 2016 meeting, seconded by Ald. Fiske. The committee voted unanimously 6-0 to approve the September 12, 2016 minutes. (Ald. Tendam arrived for meeting) III.ITEMS FOR CONSIDERATION (P1) Ordinance 123-O-16, Granting a Special Use for a Type 2 Restaurant, Viet Nom Nom, at 618 ½ Church St. The Zoning Board of Appeals and City staff recommend adoption of Ordinance 123- O-16 granting special use approval for a Type 2 Restaurant, Viet Nom Nom, at 618 ½ Church St. in the D3 Downtown Core Development District. The applicant has complied with all zoning requirements and meets all of the standards for a special use for this district. Alderman Wilson requests suspension of the Rules for Introduction and Action by City Council on September 26, 2016. For Introduction and Action Ald. Rainey moved to introduce and recommend approval of Ordinance 123-O- 16, seconded by Ald. Wynne. Noah Bleicher, co-owner of Viet Nom Nom, stated that the restaurant is intended to function as a quick-service restaurant (primarily take-out orders). At Ald. Fiske request, Mr. Bleicher stated that there will be one delivery van for the restaurant. Parking has been secured for the vehicle at the northeast corner of Chicago and Church. The alley behind the restaurant will be utilized by vehicles delivering product for the restaurant and also for customers with carry-out orders. DRAFT – NOT APPROVED 431 of 476 Planning & Development Committee Meeting Page 2 of 2 Minutes of July 11, 2016 The committee voted unanimously 7-0 to introduce and recommend approval of Ordinance 123-O-16. IV. ITEMS FOR DISCUSSION (PD1) North Downtown Area Planning Staff recommends that the City Council direct staff to amend the 2009 Downtown Plan to add five new subareas covering the geographic area roughly between Emerson Street to the south, Foster Street CTA Station to the north, the first north/south alley just west of Sherman Avenue to the east, Maple Avenue to the west and properties on the north side of Emerson Street between Maple Avenue and Ridge Avenue. The proposed north downtown subareas would accommodate Transit Oriented Development and act as a transition between the downtown core and lower density residential neighborhoods further north of Foster Street and east of Sherman Avenue. For Discussion Mr. Muenzer gave a presentation on the North Downtown Planning efforts. Two community meetings were held; the first in May 2016 was held to discuss plan boundaries and major themes of the plan. In June 2016, the meeting focused on preferences for development scale and building design for future developments. Discussions with owners of potential development sites were also held with Northwestern University, 831 Emerson, and Ridge-Emerson Shopping Center. The current Downtown Plan is proposed to be amended to add five new subareas to the north of Emerson St. A draft plan will be presented to Plan Commission in late 2016 and the amended plan presented back to the Planning & Development Committee and City Council in 2017. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Wilson moved to adjourn. The committee voted unanimously 7-0 to adjourn. The meeting was adjourned at 7:32 p.m. Respectfully submitted, April Swanson 432 of 476 For City Council meeting of November 28, 2016 Item P1 Ordinance 117-O-16, Inclusionary Housing Density Bonuses For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Meagan Jones, Neighborhood and Land Use Planner Subject: Ordinance 117-O-16, Inclusionary Housing Density Bonuses 16PLND-0081 Date: November 4, 2016 Recommended Action: The Plan Commission and staff recommend City Council adopt Ordinance 117-O-16 amending the Zoning Ordinance to codify density bonuses established by the City of Evanston’s Inclusionary Housing Ordinance (IHO). Livability Benefits Built Environment: Support housing affordability Equity & Empowerment: Ensure equitable access to community assets Background On November 23, 2015, City Council approved a revised Inclusionary Housing Ordinance. The ordinance, which went into effect on January 1, 2016, amended definitions and regulations for the inclusion of affordable housing in residential developments providing 5 or more dwelling units in a Transit Oriented Development (TOD) area and 10 or more dwelling units outside of a TOD area. The ordinance also included development bonuses for those projects that provide on-site affordable units and comply with all requirements of the IHO. The IHO bonuses affect the density, floor area ratio (FAR), building height and parking requirements. The IHO bonuses are listed in the charts below: Development Bonus In TOD Area Outside TOD Area Density 20% 10% Height 10% 5% FAR 10% 5% Parking: 0- 1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 3+ Bedroom 1.25 parking spaces 1.5 parking spaces Memorandum 433 of 476 The IHO regulations are currently only listed in the City Code under Title 5- Housing Regulations. The proposed Text Amendment will incorporate the IHO bonuses in the Zoning Ordinance, Title 6 of the City Code. Proposal Overview The following amendments to the Zoning Ordinance are proposed to incorporate IHO development bonuses: New IHO Incentive Subsection A new subsection outlining the available development bonuses will be added to all zoning districts that allow residential uses. An example of the new subsection is detailed below for the Residential Districts chapter of the Zoning Code: 6-8-1-13. Inclusionary Housing Bonuses (A) Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City’s Inclusionary Housing Ordinance is entitled to the following development bonuses: 1. Density: The maximum increase in the number of dwelling units over that otherwise permitted in the residential district is twenty percent (20%) for developments in a TOD area and ten percent (10%) for developments not in a TOD area. 2. Height: The maximum increase in height over that otherwise permitted in the residential district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 3. FAR: The maximum increase in FAR over that otherwise permitted in the residential district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 4. Parking: The minimum requirements for the number of parking spaces provided below that otherwise required in Title 6 are the following: Unit Size In TOD Area Outside TOD Area 0- 1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 3+ Bedroom 1.25 parking spaces 1.5 parking spaces Residential developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth for planned developments. Parking Requirement The following will be added to Chart 16-B – Schedule of Minimum Off-Street Parking Requirements, stating the following: Residential developments which fall under Inclusionary Housing Ordinance requirements shall meet parking standards as specified in the corresponding zoning district’s Inclusionary Housing Bonus section. 434 of 476 New Definitions Staff also proposes to add definitions for Transit Oriented Development (TOD), TOD Area and Transit Station, each currently part of the IHO, to Subsection 6-18-3. – Definitions. The proposal will codify incentives and regulations of the IHO into the Zoning Ordinance that staff already incorporates into its review of residential developments that fall under the IHO. Legislative History September 14, 2016 – The Plan Commission unanimously recommended approval of the proposed text amendment and suggested looking at the possibility of simplifying the amendment if possible. Attachments Ordinance 117-O-16 Draft Minutes from the September 14, 2016 Plan Commission Meeting Link to Plan Commission Packet for 09/14/2016 435 of 476 8/23/2016 117-O-16 AN ORDINANCE Updating Various Parts of Title 6, “Zoning,” of the Evanston City Code To Conform with the City of Evanston Inclusionary Housing Ordinance NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That City Code Section 6-8-1 of the Evanston City Code, is hereby amended to add Subsection 6-8-1-13 which shall read as follows: 6-8-1-13. Inclusionary Housing Bonuses. (A) Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City’s Inclusionary Housing Ordinance is entitled to the following development bonuses: 1. Density: The maximum increase in the number of dwelling units over that otherwise permitted in the residential district is twenty percent (20%) for developments in a TOD area and ten percent (10%) for developments not in a TOD area. 2. Height: The maximum increase in height over that otherwise permitted in the residential district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 3. FAR: The maximum increase in FAR over that otherwise permitted in the residential district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 4. Parking: The minimum requirements for the number of parking spaces provided below that are otherwise required in Title 6 are the following: Unit Size In TOD Area Outside TOD Area 0- 1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 3+ Bedroom 1.25 parking spaces 1.5 parking spaces (B) Residential developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-8-1-10. 436 of 476 117-O-16 ~2~ SECTION 2: That City Code Section 6-9-1 of the Evanston City Code, is hereby amended to add Subsection 6-9-1-10 which shall read as follows: 6-9-1-10. Inclusionary Housing Bonuses. (A) Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City’s Inclusionary Housing Ordinance is entitled to the following development bonuses: 1. Density: The maximum increase in the number of dwelling units over that otherwise permitted in the business district is twenty percent (20%) for developments in a TOD area and ten percent (10%) for developments not in a TOD area. 2. Height: The maximum increase in height over that otherwise permitted in the business district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 3. FAR: The maximum increase in FAR over that otherwise permitted in the business district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 5. Parking: The minimum requirements for the number of parking spaces provided below that are otherwise required by Title 6 are the following: Unit Size In TOD Area Outside TOD Area 0- 1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 3+ Bedroom 1.25 parking spaces 1.5 parking spaces (B) Business developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-9-1-9. SECTION 3: That City Code Section 6-10-1 of the Evanston City Code, is hereby amended to add Subsection 6-10-1-10 which shall read as follows: 6-10-1-10. Inclusionary Housing Bonuses. (A) Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City’s Inclusionary Housing Ordinance is entitled to the following development bonuses: 1. Density: The maximum increase in the number of dwelling units over that otherwise permitted in the commercial district is twenty percent (20%) for developments in a TOD area and ten percent (10%) for developments not in a TOD area. 437 of 476 117-O-16 ~3~ 2. Height: The maximum increase in height over that otherwise permitted in the commercial district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 3. FAR: The maximum increase in FAR over that otherwise permitted in the commercial district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 6. Parking: The minimum requirements for the number of parking spaces provided below that are otherwise required by Title 6 are the following: Unit Size In TOD Area Outside TOD Area 0- 1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 3+ Bedroom 1.25 parking spaces 1.5 parking spaces (B) Commercial developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-10-1-9. SECTION 4: That City Code Section 6-11-1 of the Evanston City Code, is hereby amended to add Subsection 6-11-1-11 which shall read as follows: 6-11-1-11. Inclusionary Housing Bonuses. (A) Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City’s Inclusionary Housing Ordinance is entitled to the following development bonuses: 1. Density: The maximum increase in the number of dwelling units over that otherwise permitted in the downtown district is twenty percent (20%) for developments in a TOD area and ten percent (10%) for developments not in a TOD area. 2. Height: The maximum increase in height over that otherwise permitted in the downtown district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 3. FAR: The maximum increase in FAR over that otherwise permitted in the downtown district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 7. Parking: The minimum requirements for the number of parking spaces provided below that are otherwise required by Title 6 are the following: Unit Size In TOD Area Outside TOD Area 0- 1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 3+ Bedroom 1.25 parking spaces 1.5 parking spaces 438 of 476 117-O-16 ~4~ (B) Downtown developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-11-1-10. SECTION 5: That City Code Section 6-12-1 of the Evanston City Code, is hereby amended to add Subsection 6-12-1-8 which shall read as follows: 6-12-1-8. Inclusionary Housing Bonuses. (A) Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City’s Inclusionary Housing Ordinance is entitled to the following development bonuses: 1. Density: The maximum increase in the number of dwelling units over that otherwise permitted in the research park district is twenty percent (20%) for developments in a TOD area and ten percent (10%) for developments not in a TOD area. 2. Height: The maximum increase in height over that otherwise permitted in the research park district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 3. FAR: The maximum increase in FAR over that otherwise permitted in the research park district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 8. Parking: The minimum requirements for the number of parking spaces provided below that are otherwise required by Title 6 are the following: Unit Size In TOD Area Outside TOD Area 0- 1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 3+ Bedroom 1.25 parking spaces 1.5 parking spaces (B) Research park developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-12-1-7. SECTION 6: That City Code Section 6-13-1 of the Evanston City Code, is hereby amended to add Subsection 6-13-1-12 which shall read as follows: 6-13-1-12. Inclusionary Housing Bonuses. (A) Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City’s Inclusionary Housing Ordinance is entitled to the following development bonuses: 1. Density: The maximum increase in the number of dwelling units over that otherwise permitted in the transitional manufacturing district is twenty 439 of 476 117-O-16 ~5~ percent (20%) for developments in a TOD area and ten percent (10%) for developments not in a TOD area. 2. Height: The maximum increase in height over that otherwise permitted in the transitional manufacturing district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 3. FAR: The maximum increase in FAR over that otherwise permitted in the transitional manufacturing district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 9. Parking: The minimum requirements for the number of parking spaces provided below that are otherwise required by Title 6 are the following: Unit Size In TOD Area Outside TOD Area 0- 1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 3+ Bedroom 1.25 parking spaces 1.5 parking spaces (B) Transitional manufacturing developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-13-1-10. SECTION 7: That City Code Section 6-14-1 of the Evanston City Code, is hereby amended to add Subsection 6-14-1-11 which shall read as follows: 6-14-1-11. Inclusionary Housing Bonuses. (A) Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City’s Inclusionary Housing Ordinance is entitled to the following development bonuses: 1. Density: The maximum increase in the number of dwelling units over that otherwise permitted in the industrial district is twenty percent (20%) for developments in a TOD area and ten percent (10%) for developments not in a TOD area. 2. Height: The maximum increase in height over that otherwise permitted in the industrial district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 3. FAR: The maximum increase in FAR over that otherwise permitted in the industrial district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 10. Parking: The minimum requirements for the number of parking spaces provided below that are otherwise required by Title 6 are the following: Unit Size In TOD Area Outside TOD Area 0- 1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 440 of 476 117-O-16 ~6~ 3+ Bedroom 1.25 parking spaces 1.5 parking spaces (B) Industrial developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-14-1-10. SECTION 8: That City Code Section 6-15-1 of the Evanston City Code, is hereby amended to add Subsection 6-15-1-10 which shall read as follows: 6-15-1-10. Inclusionary Housing Bonuses. (A) Any covered development, as defined under City Code Section 5-7-3, providing on-site affordable units and that is otherwise compliant with the City’s Inclusionary Housing Ordinance is entitled to the following development bonuses: 1. Density: The maximum increase in the number of dwelling units over that otherwise permitted in the special purpose overlay district is twenty percent (20%) for developments in a TOD area and ten percent (10%) for developments not in a TOD area. 2. Height: The maximum increase in height over that otherwise permitted in the special purpose overlay district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 3. FAR: The maximum increase in FAR over that otherwise permitted in the special purpose overlay district is ten percent (10%) for developments in a TOD area and five percent (5%) for developments not in a TOD area. 11. Parking: The minimum requirements for the number of parking spaces provided below that are otherwise required by Title 6 are the following: Development Bonus In TOD Area Outside TOD Area 0- 1 Bedroom 0.5 parking spaces 0.75 parking spaces 2 Bedroom 1 parking space 1.25 parking spaces 3+ Bedroom 1.25 parking spaces 1.5 parking spaces (B) Special purpose overlay developments processed as planned developments, shall have bonuses and reductions set forth in this Section calculated prior to the site development allowances set forth in Section 6-15-1-9. SECTION 9: “Multiple-family dwellings” of Table 16-B, “Schedule of Minimum Off Street Parking Requirements,” of Title 6, Chapter 16 of the Evanston City Code of 2012, as amended, is hereby further amended and revised in its entirety as follows: 441 of 476 117-O-16 ~7~ Multiple- family dwellings Multiple-family dwellings shall be provided according to the following schedule: Dwelling unit with 1 or fewer bedrooms: 1 1/4 spaces for each dwelling unit Dwelling unit with 2 bedrooms: 1 1/2 spaces for each dwelling unit Dwelling unit with 3 or more bedrooms: 2 spaces for each dwelling unit For purposes of this use, any room other than a kitchen, living room, dining room, living-dining room, laundry room, bathroom, or lavatory shall be deemed a bedroom Residential developments which fall under Inclusionary Housing Ordinance requirements shall meet parking standards as specified in the corresponding zoning district’s Inclusionary Housing Bonus section. SECTION 10: That Section 6-18-3, “Definitions,” of the Evanston City Code of 2012, as amended, is hereby further amended to include the following definitions: TRANSIT ORIENTED DEVELOPMENT or TOD. A development pattern created around a transit station that is characterized by higher density, mixed uses, pedestrian environment, reduced parking, and a direct and convenient access to the transit station. TOD AREA. The area that has the designation for an identified transit station and the area around it. The area provides for development that is compatible with and supportive of public transit and a pedestrian -oriented environment. 442 of 476 117-O-16 ~8~ TRANSIT STATION. The area including the platform which supports transit usage and that is owned and/or operated by the transit agency. SECTION 11: 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 12: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 13: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 14: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _______________, 2016 Adopted: _________________, 2016 Approved: ___________________________, 2016 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 443 of 476 DRAFT Page 1 of 2 Plan Commission Minutes 8/10/2016 MEETING MINUTES PLAN COMMISSION Wednesday, September 14, 2016 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, James C. Lytle Council Chambers Members Present: Jim Ford (Chair), Simon Belisle, Carol Goddard, Colby Lewis, Peter Isaac, Patrick Brown, Members Absent: Terri Dubin, Andrew Pigozzi Associate Members Present: none Associate Members Absent: Scott Peters Staff Present: Meagan Jones, Neighborhood and Land Use Planner Damir Latinovic, Planning and Zoning Administrator Presiding Member: Jim Ford, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Ford called the meeting to order at 7:01 P.M. 2. APPROVAL OF MEETING MINUTES: August 10, 2016 Commissioner Goddard made a motion to approve the minutes from August 10 , 2016. Commissioner Belisle seconded the motion. A voice vote was taken and the minutes were approved unanimously. 3. OLD BUSINESS Chairman Ford explained that the agenda item for old business is a continuation from the August Plan Commission meeting. A. TEXT AMENDMENT 16PLND-0068 Transit Oriented Development (TOD) Parking Requirements A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to update Chapter 16 – Off-Street Parking and Loading, to establish parking requirements in TOD areas. Ms. Jones explained that the TOD Parking Study and proposed text amendment were brought before the Transportation & Parking Committee at its August 24 th meeting and that, after discussion, the Committee voted to continue the item to a future meeting when additional requested data can be provided. She stated that staff is working with the consultant to provide the data and that the case will be re-noticed 444 of 476 DRAFT Page 2 of 2 Plan Commission Minutes 8/10/2016 prior to coming before Plan Commission. At this time the Commission does not need to take any action on the matter. 4. NEW BUSINESS A. TEXT AMENDMENT 16PLND-0081 Inclusionary Housing Ordinance (IHO) Bonuses A Zoning Ordinance Text Amendment pursuant to City Code Title 6, Zoning, to codify regulations and bonuses to match the regulations established by the City of Evanston’s Inclusionary Housing Ordinance. Ms. Jones provided a brief overview of the proposed text amendment, stating that the updated Inclusionary Housing Ordinance went into effect on January 1 st of 2016. However, the definitions and bonuses proposed were not codified into Title 6 of the City Code which regulates zoning. The proposed amendment would not change the previously approved definitions and bonuses. The first project to fall under the revised ordinance was the proposed 824-828 Noyes Street PD, reviewed at the previous meeting. A brief discussion followed and centered on the following: How IHO bonuses are applied versus site development allowances for planned development projects; Possible simplification of the IHO bonuses section so that repetitive sections are eliminated from what is proposed. A suggestion was made to discuss that possibility with the Legal Department. Commissioner Goddard made a motion to accept the recommendation for the proposed text amendment. Commissioner Isaac seconded the motion. The motion was approved unanimously 6-0. 5. PUBLIC COMMENT Ms. Jones provided an update on the 824-828 Noyes Street PD Project and alerted the Commission that a text amendment regarding residential care homes in residential districts would be brought before the Commission at the October 12 th meeting. Mr. Latinovic announced that he would be leaving the City of Evanst on to take a position in Elgin. He thanked the Commissioners for their work and time on the Commission. 6. ADJOURNMENT Commissioner Lewis made a motion to adjourn the meeting. Commissioner Goddard seconded the motion. A voice vote was taken and the motion was approved by voice call 6-0. The meeting was adjourned at 7:31 pm. Respectfully Submitted, Meagan Jones Neighborhood and Land Use Planner Community Development Department 445 of 476 For City Council Meeting of November 28, 2016 Item O1 Business of the City by Motion: Downtown Evanston FY2017 Funding For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager Johanna Leonard, Economic Development Manager Subject: Downtown Evanston FY2017 Request for Budget Contribution Share Date: November 21, 2016 Recommended Action: The Economic Development Committee and staff recommend approval of funding for Downtown Evanston as follows: •$370,000 from the Special Service Area # 4 (SSA #4) for downtown operations and maintenance •$98,670 equally split equally between the Washington National TIF and Economic Development fund for additional maintenance contract reimbursements •$83,000 from the Economic Development Fund for supplemental marketing and economic development activities Livability Benefits: Economy & Jobs: Retain and expand local businesses through business district marketing and attraction efforts. Discussion: Funding for Downtown Evanston comes from three basic sources: Special Service Area #4: Downtown Evanston is requesting a recommendation to City council to levy $370,000 for 2017. Downtown Evanston’s budget shows funding at $329,000. By authorizing the higher levy, Downtown Evanston will take advantage of all of the available tax dollars up to their tax cap rate. During the year, if tax revenues come in at an amount greater than $329,000, the City can adjust the quarterly contribution from the Economic Development Fund below the $83,000 shown in the budget request. Because SSA taxes are collected by the City through property tax billing, Downtown Evanston will invoice the City quarterly for disbursements. Memorandum 446 of 476 Maintenance Contract Reimbursements: Downtown Evanston is requesting that the City maintain (i.e. 2015 levels) its $98,670 share of the $180,000 maintenance contract for 2017. The City reimburses Downtown Evanston for supplemental/additional maintenance services. Landscape Concepts Management is the current vendor. The contract is between Downtown Evanston and the vendor. City of Evanston Contribution: Downtown Evanston is seeking $83,000 for 2016 supplemental marketing and economic development activities as outlined in the attached proposal. The contributions will be invoiced quarterly. Legislative History The Economic Development Committee on November 16, 2016 voted unanimously 11- 0 to recommended approval. Attachments Downtown Evanston 2017 Budget Proposal 447 of 476 Downtown Evanston CY2017 Proposed Budget Budget Line Item Definitions The following definitions are intended to aid City staff and the City Council in understanding the approach to this budget as a full-time operation. Income and expense line items are described for background purposes. Income Line Items Special Service Area #4 (SSA #4): This line item, $329,000 in the 2017 Budget, is the proceeds from the self-imposed-tax paid by commercial property owners within the SSA’s legally defined geography. These proceeds are collected by the City of Evanston. Downtown Evanston invoices the City of Evanston’s Finance Department quarterly for these proceeds. Based on the preliminary 2016 tax assessor’s calculation for this district, the maximum tax that will be produced from the .1464 limiting rate is $329,000. We are requesting that the City levy an amount of $370,000, however, our budget shows funding at $329,000. By authorizing the higher levy, we will take advantage of all of the available tax dollars up to our tax cap rate. This represents a budget totaling $510,266 comprised of $329,000 from the SSA levy, 83,000 from the Economic Development Fund and $98,670 from the Washington Mutual TIF. This represents a decrease in city assistance of $55,000 since 2014. City of Evanston Contribution: As described in Ordinance #67-O-07, the City may make a contribution to Downtown Evanston from one of four funds—the Washington National TIF Special Tax Allocation Fund, the Economic Development Fund, and any appropriate City Council approved funding source. The projected amount for CY2017 is recommended to be $98,670. As with SSA #4 payments, the expectation is that these contributions will be invoiced quarterly. As is noted above the contribution amount may need to be adjusted downward based on the final levy collection for 2016 under the tax cap rate of .1464. Maintenance Contract Reimbursements: The maintenance contract with the downtown maintenance contractors (currently Landscape Concepts Management) is approved by Downtown Evanston’s Executive Board. The contract is between Downtown Evanston and the sub –contractor, Landscape Concepts Management. Certain services provided through the Downtown Evanston sub -contract are services performed at the needs of the district, flower plantings, additional garbage pickup and sidewalk maintenance. These reimbursements are for these special services. This agreement, expressing these services, between Downtown Evanston and the City is then signed by the City Manager after Council approval. 448 of 476 2 Due to the decrease in SSA #4 funding, Downtown Evanston is requesting the agreement be revised to share the contract this year at 50/50 as in the previous years. Contributions: This projection represents an agreed upon contribution by Northwestern University as owner of 1800 Sherman Avenue. Northwestern has agreed to this contribution. As with the other key revenue categories, the plan is to invoice quarterly for these proceeds. Marketing and Event Program Reimbursements: Downtown Evanston is working to be a more self-sufficient organization where we will be able to rely on sponsorship and event revenue as income. Several Downtown Evanston marketing programs are conducted jointly with downtown business owners. Participating businesses partially pay for these initiatives. These programs include street banners, cooperative advertising, and radio advertising on WBEZ, Big Bite Night and more “walk” events in 2017. Sponsorship income from Thursday Night Live, Oktoberfest and the Tree Lighting event and new event called Meal For Murals are also included in this category. Interest Income: Downtown Evanston maintains an insured money market account, in addition to its operating checking account, with First Bank & Trust. Some interest income is received annually from deposits to this account prior to any transfer to the checking account. Expense Line Items Expenses are divided into general categories—Advertising, Events, Directory and Print, Display Ads, Maintenance, Holiday Decorations, Payroll, and Administrative. These categories were separated for reviewer clarity. Advertising: The advertising budget comprises of marketing downtown Evanston generally, moving into 2017 the goal is to market “Experience Evanston” to the Chicago market and surrounding suburbs. The second tier of marketing is for the Evanston market and that is to “Shop/Eat&Drink, Get Healthy Here (in Evanston). Starting in 2015 we redirected more resources to digital advertising and reduced print advertising, this has allowed for us to better track the success of our ads with website analytics and click through information. Paid ads on Facebook and co-op radio spots have also proved to be very successful. The commercial real estate message is different than our audience of shoppers, diners and entertainment seekers, this message and portion of the budget aims to attract new entertainment and experienced based tenants to fill vacancies. In 2016 DTE staff conducted several walking tours with prospective tenants, these efforts along with larger social media campaigns will continue into 2017. Working in conjunction with the Economic Development staff to market to larger developments as well as 449 of 476 3 available office space. Downtown Evanston’s ongoing campaign to enhance downtown’s image as a place to do business is among our highest priority. Examples: The annual registrations and printing expense for two International Council of Shopping Centers meetings in Chicago. These two events attract retailers and site locators seeking locations throughout the Midwest. The second meeting features presentations by retailers providing site specifics. Downtown Evanston staff will attend both events. Working with City staff to create and produce video campaigns to attract entertainment based tenants. Variations in expense for the commercial real estate category. The commercial real estate expenses differ from general marketing. Reaching those decision makers through advertising and outreach to the office broker community requires a different approach. There are local and regional channels for ongoing image development; most are trade publications, print and electronic. In 2017, as with all marketing the focus will be mainly electronic and through traditional networking. Events: Certain events, unless retail promotions, do not ‘ring registers.’ They provide visibility for the broader downtown offering. These line items include event specific expenses only. In 2016, Downtown Evanston hosted a large scale sponsored and ticketed event to assist with diversifying our funding stream. Now in our second year the event, did bring in revenue but the hope is to attract more corporate sponsors with the ad placements, social media outreach, photos and a short video from the event in 2017. The Thursday Night Live dance series is the second largest event, including expenses for performers for the eight-week series. In 2015 and 2016 we increased the program by two weeks by decreasing the amount paid to each performer. The Sidewalk Sale expense is for a small amount of direct expense specific to that retail promotion. Smaller line items recognize event specific expense for Big Bite Night and to continue on our success with themed “walks” or “strolls” such as our Wine Walk and Warm Bevvy Walk. Map and Guide and Website: In 2015 a new design and layout was completed for the downtown directory, including using action words and color coordination from our brand and logo. This map and guide, requires frequent updates, therefore, it will be printed four times each year, in 2016 we printed 32,000 and have distributed to date 27,000 brochures. 450 of 476 4 Gift Card: The Gift Card expense line item will reflect $0. We will transition from a printed card to an electronic card thus keeping up with the trend and allowing the organization to save resources both in printing/postage and staff time. Display Ads: The street pole banners expense totals $15,500 to design, print and install, in Spring of 2017 we plan to install a new design and this program not only enhances the aesthetic downtown but allows for a co-op advertising program for the organization. The new banners will reflect the design of the artwork from our “Here Campaign” Maintenance: The primary Downtown Evanston contract is currently with Landscape Concepts Management. This contract will be extended into 2017. The contract includes: maintenance and seasonal plantings for 18 planters, extra trash removal, sidewalk maintenance and maintenance of some street level and planter beds throughout downtown. Within maintenance, there are additional funds included in this line item for plant materials and event maintenance such as Big Bite Nite, Oktoberfest and The Tree Lighting. This also represents costs to purchase any materials excluded from the larger maintenance sub-contract. Downtown Evanston along with Public Works and Economic Development staff are researching a new method to provide these services. The contract will then be split allowing for a maintenance company to provide the maintenance and a landscaping company to provide the landscaping. This split contract will likely be in place for 2017. Holiday Décor: In 2017 Downtown Evanston will once again install 105 snowflakes and 166 lighted wreaths. It is our hope that by 2018 we will have the resources to purchase updated décor. In 2015, Downtown Evanston switched to a more local vendor which resulted in a cost savings for installation. The additional monies available in the line item will be used to install more enhanced lighting around Fountain Square. In FY09, Downtown Evanston approved the purchase of LED lights for the Holiday Tree at Fountain Square. These lights use less power, and will also be removed from the tree after the season and stored for re-use each year. Payroll/Benefits/Taxes/Fees: This line item represents the largest expense category. Full-time salaries for an Executive Director and a Business Development and Marketing Manager to provide the special services is budgeted for $142,000. Medical benefits for full-time staff will be available from the City of Evanston. This arrangement is typical among similar downtown organizations. The estimate shown applies the single rate for the City’s PPO & HMO on an annual basis less a 30% employee contribution for these benefits. Included in the budget is a part time bookkeeper that generally works 2-3 hours per week and manages the accounting system and works in tandem with the Executive 451 of 476 5 Director and Downtown Evanston’s accounting firm and Treasurer on financial matters. Administrative- non personnel: This line item includes the day-to-day cost of operating the Downtown Evanston office as well as rent. 452 of 476 For City Council Meeting of November 28, 2016 Item O2 Business of the City by Motion: Evanston Local Arts Support for Hiring For Action To: Honorable Mayor and Members of the City Council From: Jennifer Lasik, Cultural Arts Coordinator Paul Zalmezak, Senior Economic Development Coordinator Subject: Evanston Local Arts Support for Hiring Program Date: November 21, 2016 Recommended Action: Economic Development Committee and staff recommend the City Council approve funding of up to $50,000 to nonprofit arts organizations to hire additional staff or increase the hours of existing staff. The Local Arts Support for Hiring (LASH) program builds capacity and diversity by focusing on positions for local minority residents. Funding Source: Staff recommends utilizing funds from the Economic Development Business Retention Account (Account 221.15.5300.62662) for this program. Livability Benefits: Economy & Jobs: Expand job opportunities Education, Arts, & Community: Support social and cultural diversity Economic Development Plan: The proposed grant will advance the workforce development objective of the adopted Economic Development Work plan. Summary: Last year 832 Evanston non-profit organizations filed 990 forms with the IRS. Of those, 97 were specifically arts and culture organizations (see chart). In Evanston, these organizations contribute to the local creative economy by supporting full and part-time jobs, filling the role of both consumers and vendors of products and services, adding to curbside appeal and contributing to the quality of life of our residents and the creative tourism for Evanston’s many yearly visitors. Memorandum 453 of 476 Our community’s arts organizations recognize the importance of inclusion, diversity and accessibility. These goals are best realized when diversity is embraced at the staff and board leadership levels. Recently, a coalition of Evanston’s arts groups hosted a consortium on diversity and the arts at the Fleetwood Jourdain Community Center, which was attended by more than 140 artists and arts professionals and volunteers. Our organizations struggle to find funding to expand and diversify their staff. State funding has been cut dramatically, and most grants do not allow for the support of salaries or operating expenses. The development and implementation of the LASH program would provide funds for qualifying Evanston nonprofit arts organizations to hire program and administrative staff and would provide employment opportunity for minority employees to find employment and impact the community through the arts. The program would be administered as follows: Eligibility: Hiring Organizations: Organizations whose physical address is in the City of Evanston and that are arts organizations with a 501c3 IRS designation that are in good standing with the State of Illinois are eligible. Employment Candidates: Individuals between the ages of 18 and 65 who live in Evanston and belong to a minority class as defined by the EEOC. Term: The program term will be for 12 months with the option to extend for an additional 12 months. 454 of 476 Organizational positions: The position offered must be an administrative or professional position within the organization, including but not limited to management, communications, development, finances, volunteer management, or administrative support. Ineligible positions include housekeeping, janitorial, maintenance, or class instructors. Process: Interested organizations will write a formal letter of inquiry by March 1st of the grant cycle year. The letter of inquiry should address the following: • Description and history of the organization • Staff and board demographics • Mission and vision of the organizations • Narrative of how the funding would be used to build capacity and inclusiveness within the organization If the letter of inquiry demonstrates eligibility and competitiveness, the City of Evanston will invite a proposal. The City of Evanston and Evanston Arts Council will evaluate the proposals based on the following criteria: • Best practices for organizational management and service provision • Successful track record of the organization • Demonstration of need and plan for implementation of new position • Ability to provide mentoring and leadership development among employees • Long and short-term organizational goals Legislative History The Economic Development Committee on November 16, 2016 voted unanimously 11- 0 to recommended approval. 455 of 476 For City Council meeting of November 28, 2016 Item O3 Resolution 71-R-16, Howard Street Theater Development Agreement Terms For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager Johanna Nyden, Economic Development Division Manager Cindy Plante, Economic Development Specialist Subject: Resolution 71-R-16, Memorandum of Understanding for Development of City-Owned Property at 721-723 Howard Street Date: November 21, 2016 Recommended Action: Staff and Economic Development Committee recommend that the City Council adopt Resolution 71-R-16, directing the City Manager to negotiate and execute a Memorandum of Understanding (MOU) with Theo Ubique. This resolution will provide direction to continue the pre-development activities for planning and design of a theatre in the existing building at 717-723 Howard Street. Funding Source: Funding responsibility for this project is to be shared between the City and Theo Ubique, with the City funding approximately $1.4 million in design and construction costs from the Howard/Ridge TIF, and Theo Ubique raising $204,450 to fund purchase and installation of all necessary furniture, fixtures, and equipment. The Howard/Ridge TIF has $1 million budgeted in the 2017 proposed budget; upon approval of this agreement, this amount will be increased to the estimated $1.4 million. Livability Benefits: Arts & Culture: increase access to and participation in the arts Economy & Jobs: to attract, retain, or expand businesses in targeted industry sectors Summary: Theo Ubique (pronounced “ooo-bee-kwee”) was a responding theatre to Evanston’s inquiry for performing arts groups for Howard Street. After negotiations with Strawdog Theatre Company ended, Theo Ubique restated its interest in Evanston’s Howard Street. Ross Barney Architects developed preliminary floor plans and cost estimates for the renovation of the existing building for use as a live performance venue for Theo Ubique. The next step in the process will be to approve an MOU outlining each party’s funding responsibilities, draft lease terms, and a timeline for completion of construction Memorandum 456 of 476 drawings and award of a construction contract. The attached MOU contemplates that this work would be complete by October 9, 2017, with construction (if approved) to be completed in summer 2018. Background: Since 2012, the City has purchased three properties in the 700 block of Howard Street with a goal of redeveloping one or more of these buildings for use as a storefront theatre. The development of a theatre is a key component to the revitalization of Howard Street, and contributes to the City’s mission of becoming the Most Livable City. City properties on the corridor have previously been redeveloped to house successful dining destinations Peckish Pig at 623 Howard Street and Ward Eight at 629 Howard Street, the latter of which was recently purchased by the business owners. The addition of a live theater venue in the 700 block of Howard Street will complement these existing uses and help attract additional businesses to fill remaining vacancies and increase foot traffic along the Howard Street corridor. About Theo Ubique: Founded in 1997, Theo Ubique produces cabaret-style musical theater productions at the No Exit Theater on Glenwood Avenue in Rogers Park. Recent productions have included shows like Rent and Jesus Christ Superstar, which have won numerous local theater awards. In their current space, Theo Ubique typically presents four shows each season, offering patrons dinner and beverage service prior to each performance. Theo Ubique has experienced steady growth in its subscriber base in recent years despite the limitations of their current space, which only seats 60 attendees. Performances consistently sell out due to the limited capacity, drawing audiences, subscribers, and donors from throughout the north side of Chicago as well as North Shore suburbs including Evanston, Wilmette, Winetka, and Skokie. Relocating to Howard Street would allow the group to increase seating capacity while preserving the exiting audience base. Theo Ubique has also expressed an interest in partnering with Evanston restaurants and catering companies to offer food at each performance. Proposed Theatre Project & MOU: The building at 721-723 Howard Street contains two commercial storefronts with approximately 3,600 square feet of space at-grade and 750 square feet of unfinished basement. The total lot size is approximately 5,000 square feet. The draft floor plan calls for consolidation of the two storefront spaces to create an 86-seat cabaret theater with a bar area, catering kitchen, and 225 square feet of dressing room space for performers. Based on preliminary designs and cost estimates provided by Ross-Barney Architects, the renovations and interior buildout of the space are expected to cost between $1.69 and $1.76 million in total. This estimate includes substantial contingencies and staff recommends funding the project at $1.6 million. The MOU calls for these costs to be 457 of 476 shared by Theo Ubique and the City, with the City funding design work and renovation of the facility using funding from the Howard-Ridge TIF, at a cost of $1.4 million. Theo Ubique would be responsible for raising $204,000 to fund purchase and installation of all furniture, fixtures, and equipment. The MOU also outlines a set of 6 fundraising milestones for Theo Ubique to meet as part of the project timeline. Theo Ubique would be asked to sign a 10-year lease with up to four options to renew at 5 years each. Under the terms of the proposed lease, Theo Ubique would be charged rent of $3,800 each month for the first two years of the lease. Rent would increase to $6,105 each month for months 25-36 of the lease, or about $20 per square foot, with rent increases in subsequent years to be determined based on Consumer Price Index. Theo Ubique would be responsible for all utilities, taxes, and maintenance of the space for the duration of the lease term. At the conclusion of the second 5-year renewal option (20 years), Theo Ubique would be offered the option to purchase the property. The Howard/Ridge TIF currently is responsible for making annual payments to the ownership of 415 Howard Street to satisfy a development agreement from its original construction in 2010. The agreement states that the City will refund 100% of the taxes to the property owner for 5 years, after which the refund reduces by 15% each year for the next 5 years. Next year, the amount refunded to the property will be reduced to 85%. The ongoing reduction will make available TIF funds for projects and future debt service (if debt is issued) in the TIF. The ability to make debt payments on a 10-year bond issuance for $1.4 million will be made possible by this reduction in refund obligation. The $259,091.50 in proceeds the City received the recent sale of 629-631 Howard Street is also available to assist in funding these expenses. Lastly, in addition to the resolution, staff also requests authorization to conduct a request for proposals for completion of construction drawings and construction review. Legislative History: Resolution 45-R-15 was adopted by City Council at the May 11, 2015 meeting, authorizing the City Manager to initiate a Request for Proposals process for a theatre to lease City-owned property on Howard Street. This RFP process identified Strawdog Theater Company as the preferred tenant, with Theo Ubique as a first runner-up. City Council then authorized the City Manager to engage in an RFP process for architecture/design services for an amount up to $40,000 at the September 21, 2015 City Council meeting. This process ultimately led to a contract award to Ross-Barney Architects for initial design work for the Howard Street Theater. On November 9, 2015, the City Council adopted 102-R-15, authorizing the City Manager to execute a Memorandum of Understanding with Strawdog Theatre Company for the development and lease of two City-owned parcels at 717 Howard and 721-723 Howard Street. Attachments: Resolution 71-R-16 458 of 476 11/11/2016 71-R-16 A RESOLUTION Authorizing the City Manager to Execute a Memorandum of Understanding for the Future Development of City-Owned Property at 721-723 Howard Street WHEREAS, the City of Evanston owns a commercial property located at 721-723 Howard Street, Evanston, Illinois 60202 (the “Subject Property”); and WHEREAS, the Subject Property is improved with a one-story (with basement) 3,545 square foot building and the total property is 5,001 square feet; and WHEREAS, the City has identified a potential partner, Theo Ubique Theater Company, an Illinois not-for-profit corporation, to redevelop the Subject Property into a dinner theater and seeks to enter into a memorandum of understanding with the group to further develop the proposal and fundraise for the project; and WHEREAS, the City Council has determined that the best interests of the City of Evanston would be served by executing a memorandum of understanding with the prospective tenant for the Subject Property and affirming its support for the project. Any undertaking to execute a definitive agreement between the parties is subject to further City Council review and approval at a later date, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 459 of 476 71-R-16 ~ 2 ~ SECTION 1: The City Manager is hereby authorized and directed to execute this memorandum of understanding, attached hereto as Exhibit A. SECTION 2: The City Manager is also authorized to negotiate all necessary terms for a redevelopment agreement and lease agreement to be reviewed and approved by Council for the Subject Property at a later date, and that may be in a form acceptable to the Corporation Counsel. SECTION 3: That this Resolution 71-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 460 of 476 71-R-16 ~ 3 ~ EXHIBIT A MEMORANDUM OF UNDERSTANDING 461 of 476 MEMORANDUM OF UNDERSTANDING THEO UBIQUE THEATRE/HOWARD STREET DEVELOPMENT This Memorandum of Understanding is entered into by and between the City of Evanston, an Illinois home rule municipal corporation “City” and Theo Ubique, an Illinois not-for-profit corporation “Theo Ubique”. RECITALS WHEREAS, the City seeks to build a cultural corridor along Howard Street to build on the success of existing establishments like brew-pub Peckish Pig and cocktail lounge Ward Eight; and WHEREAS, The City-owned property at 721-723 Howard Street was identified and acquired by the City to accommodate live performing arts uses; and WHEREAS, The property at 721-723 Howard Street is located in the Howard/Ridge Tax Increment Financing District. The TIF District was established in 2004 and expires in 2028. The purpose of TIF districts is to facilitate catalytic economic development through the built environment; and WHEREAS, In early 2015, the City engaged a working group of theatre professionals to develop parameters for an ideal theatre company for Howard Street. Subsequently the City issued a request for qualifications seeking theatre companies to identify themselves to be considered for the Howard Street opportunity. The theatre professionals reviewed the submissions and identified several finalists. Of those finalists, Theo Ubique was identified as a potential user for the space; and WHEREAS, Theo Ubique presents musical theater productions in a cabaret setting with food and beverage service; WHEREAS, The City issued a request for proposals for architectural services for an initial phase of work to develop concept and architectural plans for the Howard Street theatre that could be used for cost estimation purposes; and WHEREAS, following a competitive process, Ross Barney Architects was selected to develop initial concept plans for renovation of the facility, in consultation with the City and the chosen tenant for the facility, attached hereto as Exhibit A. WHEREAS, Ross Barney Architects developed initial concept plans that estimate the total cost of interior demolition, renovation, and purchase of equipment for a theatre at approximately $1,515,412 as noted in Exhibit C; and 462 of 476 NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter contained, the parties hereto hereby agree as follows: 1. Definitions For the purposes of this MOU, the following terms and phrases must have the meanings hereinafter ascribed to them: A. “Certificate of Temporary Occupancy” means a document produced by the Building & Inspection Services Division of the City of Evanston e videncing the City’s substantial completion of all material obligations to construct the Theatre as set forth in the Site Plan. B. “City” means the City of Evanston, Cook County, Illinois, an Illinois municipal corporation and a home rule unit of government duly organized and existing under the 1970 Constitution of the State of Illinois. C. “Construction Plans” means plans, drawings, specifications and related documents, and construction schedules for the construction of the Project, together with all supplements, amendments or corrections, created by the City and City’s contractors for the Project in accordance with terms of this MOU. D. “Corporate Authorities” means the City Council of the City of Evanston. E. “Howard Street Theatre” means the theatre and performing arts space to be constructed at the Property. F. “Lease Agreement” means the agreement between the Parties that will describe Theo Ubique’s occupancy and obligations for the operating and maintenance of the Property during the term of the Lease Agreement. G. “MOU” means this Memorandum of Understanding, as the same may be from time to time modified, amended or supplemented in writing by the parties hereto. H. “Parties” means collectively the two parties to this MOU, City and Theo Ubique. I. “Project” means the rehabilitation of approximately 3,663 square feet of theatre space and all work necessary to prepare the Property for the contemplated Project as described in this MOU as approved or amended by the Site Plan, and all other work reasonably necessary to effectuate the intent of this MOU. J. “Property” means the real property at 721-723 Howard Street, Evanston, Illinois 60202. The Property contains two commercial units at 721-723 Howard (total 3,663 square feet for the building with total lot size at approximately 5,000 square feet. 463 of 476 K. “Theo Ubique” means Theo Ubique, an Illinois not-for-profit corporation. L. “TIF Act” means the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1. 2. Construction of Project A. Facility Renovation. The Parties hereby acknowledge the construction of the Project improvements by the City and selects the City, and its contractors and subcontractors, to construct or cause the construction of the Howard Street Theatre in accordance with the Floor Plan and this MOU. The Project improvements shall be performed in accordance with all applicable laws, ordinances, rules and regulations. The Project improvement will be performed with a contract between the City and the City’s contractors; Theo Ubique will not be a party to the construction contract(s). Theo Ubique acknowledges and agrees that City’s plans for Project improvements to the Property, as set forth in the Concept Floor Plan have been submitted to and approved by Theo Ubique. Theo Ubique may further review and suggest reasonable modifications to the Concept Floor Plan and provide comment and direction subject to the funding contemplated in this agreement. B. Construction Schedule. The City should commence construction of the Project within 120 days of the later to occur of (a) the funds necessary to construct the Project are available; or (b) within 9 months after execution of this MOU, and shall substantially complete construction of the following approximate square feet of major uses that include theatre, prep kitchen, and basement space as follows (Exhibit A contains draft concept plan and designation of uses within the space for this project): 3,663 square feet of main stage theatre space, including dressing room area, restrooms, warming kitchen, and bar area (at-grade); 750 square feet of basement space; C. Concept Floor Plan. The Concept Floor Plan is hereby approved by the Parties. The City will obtain the proper Governmental Approvals and this Concept Floor Plan is still subject to change. D. Parking Lot. The City plans to pave the adjacent vacant property (commonly known as 717 Howard) for a metered public parking lot. Patrons, employees, contractors, of Theo Ubique can utilize the parking lot with the general public. The parking lot is subject to City Council funding and solely in the City’s discretion to proceed and the timeline for the project. The parking lot will not be part of the Lease Agreement. E. Project Funding. The Parties expect the total Project cost to be between $1,689,714 and $1,756,058 (these costs are not inclusive of the public parking lot renovation). 1. City Funding for Project: City shall raise $1,482,000 for construction of the theatre through TIF Act financing or other means (as well as any costs associated with the construction of the public parking lot). The City must follow all TIF Act regulations for this project for eligible expenditures, reporting, etc. Any portion of 464 of 476 funding that is the result of the actions of City employees, elected officials, or other individuals directly related to the City through means of employment, will be considered funding attributable to the City’s portion. 2. Exhibit C addresses the portion of funds that the City will pay for the project. 3. City will engage a qualified architecture firm to complete construction documents and bid-level drawings of the concept plans developed by Ross Barney Architects. The City will pay for these services (as outlined under “Theo Ubique Obligations”). City Council will consider approval of the engagement of an architect no later than February 20, 2017; completed work to the City by selected architect will be due no later than July 1, 2017. 4. City will issue an invitation to bid for construction work on the project no later than July 15, 2017, with responses from qualified construction companies due no later than September 1, 2017. a. City Council will consider the award the contract for construction no later than October 9, 2017. b. It is the intent for construction to last no more than 18 months (or less) and that construction will commence no later than January 1, 2018 and that all construction activities on this building will be completed no later than June 20, 2018. c. City will pay prevailing wage. d. City will oversee all construction activities associated with the property and make all decisions related to the construction and rehabilitation activities. e. The City Manager or his/her designee will provide monthly updates on construction activities to Theo Ubique. The City will provide regular tours to Theo Ubique of the construction site for the purposes of inspection, donor opportunities, etc. E. Temporary Certificate of Occupancy. Promptly after substantial completion of the Project, the City will apply for and receive a Temporary Certificate of Occupancy from the City Building & Inspection Services Division. After the Temporary Certificate of Occupancy is issued Theo Ubique may occupy the Property to commence the uses contemplated herein. F. Theo Ubique Improvements. The Parties will cooperate to select certain improvements and fixtures such as stage lighting, sound equipment, theatre seats, and other fixtures that will serve the needs of the performance space as identified in the conceptual plan attached as Exhibit C. G. Lease: The Parties may enter into a lease and management agreement with Theo Ubique for the lease of the Property at a future date (initial lease terms/lease document are provided as an exhibit to this MOU). The Lease Agreement between the Parties will address commencement of rent obligations, maintenance, and other issues after the Temporary Certificate of Occupancy is issued. The initial basic lease terms are outlined in Exhibit B and incorporated herein by reference. 465 of 476 1. City will negotiate a lease with Theo Ubique and work to execute a lease no later than March 1, 2017 with Theo Ubique if the covenants contained within this MOU are met. 2. In the event that no lease is executed by both parties by June 1, 2017, the City has the ability to seek a new manager/tenant of the Howard Street Theatre. 3. City shall retain ownership of the theatre structure after the construction. 3. Theo Ubique Fundraising and Tenancy A. Fundraising Benchmarks: Theo Ubique commits to raising $204,450 toward the development of this property. Theo Ubique will deliver funding to the City in support of this project based on an agreed upon schedule that is summarized in Exhibit D. B. Fundraising Reports: During the period of time Theo Ubique is raising $204,450 toward the project. Theo Ubique will provide monthly fundraising reports to the City Manager or his/her designee until such time as the fundraising activities are complete (i.e. goal of fundraising is met). Monthly reports are due no later than the 10th of each month. 1. In the event the expenditures identified in this MOU are less than $204,450, as identified in this MOU; Theo Ubique and the City will work to identify additional opportunities and uses for funding, so that all $204,450 committed for this project is utilized. 2. In the event the expenditures identified in this MOU are more than $204,450, as identified in this agreement, Theo Ubique and the City will work to identify additional funding opportunities for the necessary items. 3. If Theo Ubique does not raise funds provided Section 3A, Theo Ubique must furnish 75% of funding within 60 days of milestone date achievement. Additional 25% will be due and charged 10% penalty fee (e.g. if milestone was $50,000 and only $25,000 was raised and provided to the City within 60 days of milestone, the remaining $25,000 will also have to include $2,500, or 10% penalty, due to the City). C. Tenancy: Theo Ubique agrees to negotiate and enter into a lease with the City no later than March 1, 2017. Theo Ubique will occupy the property within 30 days (or less) following the issuance of the Final Certificate of Occupancy. Theo Ubique will offer a live performance at the property within 90 days (or less) following the issuance of the Final Certificate of Occupancy. 4. Use of Property under Lease Agreement. A. Performances. Theo Ubique will offer no less than XX performances annually and engage in an effort to “never go dark”, which will include engaging the space in a way that supports an activated street frontage along Howard Street. Theo Ubique will offer events and activities on a semi-regular basis that will engage the local neighborhood that include, but are not limited to: Election Polling Place, and storytelling events and other creative pursuits. All events will be coordinated through Theo Ubique. 466 of 476 B. Permitted uses. Theo Ubique will use the Property to operate a theatre with live performances with dinner service, rehearsals, workshops, office uses, and uses incidental thereto, and no part of the Property will be used for any other purpose without the prior written consent of City (the “Permitted Use”). C. Liquor License. Theo Ubique must maintain at all times a valid liquor license for the Property with the State of Illinois and the City of Evanston, and pay all associated liquor tax payments on or before the due date. The City gives its written consent for an application to be submitted and reviewed by the Evanston City Liquor Control Review Board and the Evanston City Council in conformance with the Evanston City Code procedures, as amended. D. Budget. Theo Ubique will develop an annual operating budget for the property (in coordination with the City) to ensure that components of the building are professionally and properly maintained. Theo Ubique will maintain a separate reserve of a determined amount for building maintenance activities that will be addressed further in a lease document. 5. Inability to Perform A. City Breach: In the event the City does not fulfill its obligations as identified in this MOU (failure to fulfill obligations includes City Council not approving construction work): 1. Theo Ubique will be repaid all funding spent that relates to funding identified in Section 3A. 2. City is not obligated to refund Theo Ubique any of funding spent related to attorney fees and court costs, rental costs, and other expenditures incurred. 3. This excludes unanticipated delays in construction that are not the result of the City actions. B. Theo Ubique Breach: In the event Theo Ubique does not fulfill its obligations as identified in this MOU: 1. City retains all funds provided by Theo Ubique pursuant to Section 3A without reimbursement. 2. Theo Ubique is not obligated to refund the City money expended for the Project or attorneys’ fees, court costs, or other expenditures incurred. 6. Indemnification. A. Indemnification of City. Except as otherwise provided in this MOU, and except to the extent caused by the negligence or willful misconduct of City, or its agents, employees or contractors, or by the breach of this MOU by City , Theo Ubique shall protect, defend, indemnify and save City and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs during construction and arising out of work performed at the Property, which is not the result of City ’s negligence or willful misconduct, (ii) any negligence or willful misconduct of Theo Ubique , or its agents or employees; or (iii) 467 of 476 City’s breach occasioned wholly or in part by any act, omission of Theo Ubique , its agents, employees, contractors or servants. The provisions of this Section shall survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. B. Indemnification of Theo Ubique. Except as otherwise provided in this MOU, and except to the extent caused by the negligence or willful misconduct of Theo Ubique, or its agents, employees or contractors, or by the breach of this MOU by Theo Ubique, City shall protect, defend, indemnify and save Theo Ubique and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from City ’s willful acts occasioned wholly or in part by any act, omission or of City, its agents, employees, contractor or servants, contractors or servants. The provisions of this Section shall survive the expiration or earlier termination of this Lease only with respect to any damage, injury or death occurring before such expiration or earlier termination. 7. Amendments. This MOU may be modified or amended only in writing signed by City and Theo Ubique. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by the Parties. 8. Parties Bound. Every provision of this MOU will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this MOU. Every covenant, agreement and condition of this MOU will be binding on Theo Ubique’s successors and assignees. IN WITNESS WHEREOF, the parties hereto have each approved and executed this MOU on the day, month and year first above written. THEO UBIQUE CITY OF EVANSTON By ________________________ By:________________________ Its: President Its: City Manager Date: _______________________ Date: _____________________ 468 of 476 EXHIBIT A CONCEPT FLOOR PLAN 469 of 476 470 of 476 EXHIBIT B BASIC LEASE TERMS A. Term: 10 Year lease with four options to renew of 5 years each. B. Rent: Monthly rent will commence in the month immediately following the month that the first live performance is held at the property. This rent will be $3,800 for first 24 months; 1. For months 25-36, the rent will increase to $6,105 for each month ($20.00 per square foot). 2. For the duration of the lease (and all extensions), the rental payment will be increased every year on January 1; the increase will correspond to the increase by the average consumer price index (CPI) for Midwest urban consumers in the previous calendar year (i.e. on January 1, 2020, the rent will increase by the average CPI for 2019). 3. Rent will be due by the first; grace period until the 5th, penalty of $25 per day after that. C. Option to Purchase: Theo Ubique may exercise an option to purchase the property at the end of the second 5-year renewal option (i.e. year 20) for the appraised value of the property. If purchase is made after 20 years of occupancy in the property and in good standing, the City will consider a ten percent (10%) reduction in purchase price. All sales of property are subject to City Council approval. D. Other considerations: Theo Ubique is the sole leasee of the property and will serve as manager of this City facility. All sub-leases greater than one performance or for periods longer than 60 days, must be agreed to by the City Manager and/or City Council if applicable. Theo Ubique may keep all rent obtained from leasing the space(s) for periods of time as allowed under this agreement. Additional approvals from the City Manager and/or City Council may incur additional costs to be paid to the City. All food served on the premises must be prepared by a food establishment licensed and inspected by the City of Evanston. Theo Ubique may lease portions of the space to other parties (performance space, rehearsal, special meetings, etc.) but may only do so for periods of time not longer than 60 days in total or for intervals greater than two months (e.g. a monthly rental of the shop space for two days each month for a period of 6 months). Such parties must furnish insurance, indemnification, etc. If the City determines it is in the best interest to sell the property at any point during the lease period, then Theo Ubique has a first right of refusal to purchase the property. A negotiated purchase price for the property would be based on the total appraised value of the property at the time of sale procured by both parties. If sale is made after 20 years of occupancy in the property and Theo Ubique is in good standing, the City will consider a ten percent (10%) reduction in purchase price. All sales of property are subject to City Council approval. . Theo Ubique will be responsible for all maintenance of the property, snow removal, etc.; all major repairs/changes to building components must be done in 471 of 476 coordination with the City’s Facilities Division. City will inspect property annually in coordination with Theo Ubique to ensure property is being maintained in good working order. Theo Ubique will be responsible for all utilities. It is anticipated that this property will be tax-exempt due to the 501c3 status of Theo Ubique; in the event Cook County does not award tax-exempt status to this property, Theo Ubique will be responsible for taxes for the property from the date of the issuance of the Final Certificate of Occupancy 472 of 476 EXHIBIT C RENOVATION COST ESTIMATES 473 of 476 Howard Street Theater City of Evanston Opinion of Probably Cost - Concept Phase Ross Barney Architects, Inc 9/23/16 SYSTEM DESCRIPTION SUBTOTALS TOTAL 01 GENERAL CONDITIONS $150,000 General Conditions $150,000 02 EXISTING CONDITIONS $41,570 Demolition $41,570 03 CONCRETE $16,750 Cast in Place Concrete $16,750 04 MASONRY $45,000 Clean and Repair Masonry $45,000 05 METALS $15,000 Metal Panel System $15,000 06 WOOD & PLASTICS $24,664 Millwork and Raised Wood Floor $24,664 07 THERMAL & MOSITURE PROTECTION $6,200 Roof Repair $2,600 Flashing and Sheet Metal $3,600 08 DOORS & WINDOWS $40,650 Doors and Frames $19,400 Aluminum Framed Entrances and Storefronts $21,250 09 FINISHES $40,454 Acoustical Tile Ceilings $3,204 Non-Structural Metal Framing $6,650 Tiling $12,000 Resilient Base and Accessories $3,000 Tile Carpeting $1,500 Interior Painting $14,100 10 SPECIALTIES $17,310 Signage $10,450 Toilet Accessories $6,860 11 EQUIPMENT 12 FURNISHINGS $4,000 Shades $4,000 13 SPECIAL CONSTRUCTION $15,000 Sound Isolation and Acoustical Insulation $15,000 costs assume an early 2017 Construction Start included in Owner Supplied Equipment (below) 474 of 476 14 CONVEYING SYSTEM n/a $0 22 PLUMBING $34,802 Plumbing - New Work $31,652 Plumbing - Demolition $3,150 23 HVAC $195,000 HVAC - New Work $175,000 HVAC - Demo $20,000 26 ELECTRICAL $311,500 Electrical - New Work $141,750 Electrical - Demolition $16,000 Theater Electrical (includes stage lighting and installation)$153,750 32 SITE WORK $16,200 Landscape n/a Sitework -concrete repair and replacement $16,200 33 ALLOWANCES $30,000 Abatement Allowance $30,000 TOTAL $1,004,100 Design Contingency @ 15%$150,615 Bid Contingency @ 5%$50,205 Total Contingency $200,820 TOTAL CONSTRUCTION $1,204,920 Owner's Construction Contingency @10% $120,492 Owner Supplied Items (not part of GC Contract) Theater Equipment (rigging, curtains, tracks, platforms) $65,000 Furniture (not including theater seating) Allowance $5,000 Furniture - Theater Seating and Tables Allowance $35,000 Kitchen Equipment Allowance $25,000 AV System Allowance $60,000 Total Owner Supplied Items $190,000 GRAND TOTAL $1,515,412 Owner Soft Costs low high Design Fees & Reimbursables $130,730 $160,060 LEED Design Fees n/a n/a LEED Certification n/a n/a Surveying & Soil Borings n/a n/a Material Testing & Inspections $2,000 $7,000 Phase 1 Environmental Assessment $3,000 $5,000 Evaluation and Testing of Existing Building $16,000 $22,500 Telephone/ Data Equipments $5,000 $25,000 Security System n/a n/a Permit Fee $17,572 $21,086 low high Total Estimated Owner Soft Costs $174,302 $240,646 Total Opinion of Probable Project Cost $1,689,714 -$1,756,058 475 of 476 EXHIBIT D Project Milestones For Theo Ubique Funding Commitments Estimated Date Milestone Amount Due Total Remaining January 1, 2017 Execution of this MOU $450 $204,000 March 1, 2017 Execution of lease $4,000 $200,000 July 1, 2017 Delivery of construction drawings $50,000 $150,000 January 1, 2018 Issuance of first building permit for construction $50,000 $100,000 June 20, 2018 Completion of construction/issuance of temporary certificate of occupancy $50,000 $50,000 July 1, 2018 Occupation of the building $50,000 $0 476 of 476