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CCAP 12615 final
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, January 26, 2015 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee meets at 7:15 pm. City Council meeting will convene after conclusion of the P&D meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Grover (II) Mayor Public Announcements and Proclamation United States Conference of Mayors 1st Place Award for National Summer Youth Jobs Challenge Black History Month February 2015 (III) City Manager Public Announcements Earth Hour Contest: “We Love Evanston” Discussion of February City Council Meeting Dates (IV) Communications: City Clerk (V) Public Comment Members of the public are welcome to speak at City Council meetings. As part of the Council agenda, a period for public comments shall be offered at the commencement of each regular Council meeting. Those wishing to speak should sign their name and the agenda item or non- agenda topic to be addressed on a designated participation sheet. If there are five or fewer speakers, fifteen minutes shall be provided for Public Comment. If there are more than five speakers, a period of forty-five minutes shall be provided for all comment, and no individual shall speak longer than three minutes. The Mayor will allocate time among the speakers to ensure that Public Comment does not exceed forty-five minutes. The business of the City Council shall commence forty-five minutes after the beginning of Public Comment. Aldermen do not respond during Public Comment. Public Comment is intended to foster dialogue in a respectful and civil manner. Public comments are requested to be made with these guidelines in mind. (VI) Special Order of Business: Penny Park (VII) Consent Agenda: Alderman Rainey 1 of 401 City Council Agenda January 26, 2015 Page 2 of 7 (VIII) Report of the Standing Committees Administration & Public Works - Alderman Holmes Planning & Development - Alderman Fiske Human Services - Alderman Braithwaite (IX) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment SPECIAL ORDER OF BUSINESS (SP1) Penny Park Project Update and Request for City Council Direction Staff request City Council receive this update regarding the Penny Park improvement process and provide direction to staff on how to proceed with the Penny Park improvement project including the type of material to be used for the playground equipment, ADA compliance issues and potential restroom and pavilion additions. For Discussion CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of January 12, 2015. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through January 11, 2015 $2,853,768.41 (A2) FY2014 City of Evanston Bills – January 27, 2015 $1,150,586.73 FY2015 City of Evanston Bills – January 27, 2015 $ 252,606.25 For Action (A3.1) Approval of Sole Source Renewal of Annual Accela (PAL) Maintenance and Support Agreement Staff recommends that City Council authorize the City Manager to renew the existing sole source agreement with Accela Inc. (2633 Camino Ramon, San Ramon, CA), year 9 of the City’s 10 year contract in the amount of $128,362.82. This renewal agreement will cover the period of March 15, 2015 through March 14, 2016. Funding is provided from the Information Technology Division Computer Licensing and Support Account 100.19.1932.62340 with a 2015 Budget of $138,850. For Action 2 of 401 City Council Agenda January 26, 2015 Page 3 of 7 (A3.2) Approval of Sole Source Renewal of Police Service Agreement with Motorola Solutions, Inc. Staff recommends that City Council authorize the City Manager to renew the annual sole source service agreement with Motorola Solutions, Inc. (1309 East Algonquin Road., Schaumburg, IL) for the amount of $77,092.92. The Agreement is effective from January 1, 2015 through December 31, 2015. Funding will be provided by the Emergency Telephone System Service Agreements & Contracts Account 205.22.5150.62509 with a FY2015 Budget of $237,000. For Action (A3.3) Approval of Sole Source Renewal of Otis Elevator Maintenance Contract Staff recommends that City Council authorize the City Manager to renew the sole source service and maintenance agreement with OTIS Elevator Corporation (949 Oak Creek Drive, Lombard, IL) for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages for a 1-year term at a cost of $64,208.76. The proposed 1-year service agreement is effective January 1, 2015 to December 31, 2015, and provides for a decrease from last year’s fees of approximately 7 percent. Funding is provided by budgeted accounts for the four structures. For Action (A3.4) Approval of Solid Waste Agency of Northern Cook County (SWANCC) Disposal Fees for FY 2015 Staff recommends City Council approval of the 2015 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in not to exceed amounts of $60,000 for capital costs, $800,000 for operations and maintenance and $20,000 in recycling transfer fees. Funding is provided by the Solid Waste Fund Accounts: 520.26.7685.68310 (capital); 520.26.7685.62405 (operations and maintenance); and 520.26.7690.62415 (recycling). For Action (A3.5) Approval of Renewal of the Service Provider Agreement with Presence Behavioral Health Staff recommends that City Council authorize the City Manager to renew the Service Provider Agreement with Presence Behavioral Health (Presence Health) for the provision of 24-hour Crisis Line Access, Mental Health Crisis Intervention and various community outreach and education services at a cost of $73,333.33. The agreement is dated January 1, 2015 to December 31, 2015. Funding is provided by the Health and Human Services Department Account 176.24.4651.62491. For Action 3 of 401 City Council Agenda January 26, 2015 Page 4 of 7 (A4) Approval of Change Order No. 2 for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 2 for the 48-Inch Diameter Intake Improvements with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH). This change order will extend the contract duration by 110 days from April 12, 2015 to July 31, 2015. There will be no change to the current contract amount of $1,403,122. For Action (A5) Town of Evanston FY2013 Audited Annual Financial Report Town of Evanston FY 2014 Jan-April 30 Audited Annual Financial Report Staff recommends that the Town of Evanston FY2013 Audited Annual Financial Report and the FY2014 Jan-April Audited Annual Financial Report be accepted and placed on file. For Action: Accept and Place on File (A6) Resolution 6-R-15 Authorizing that Payments Relating to the FY 2015 Capital Improvement Plan (C.I.P) Projects Be Reimbursed by the Subsequent 2015 General Obligation (G.O.) Bond Issuance Staff recommends City Council adoption of Resolution 6-R-15 authorizing that payments relating to FY2015 Capital Improvement Plan (C.I.P.) project expenditures up to $14,320,650 be reimbursed by the subsequent 2015 General Obligation (G.O.) bond issuance. For Action (A7) Resolution 7-R-15, Modification of Loan Terms for Chicago’s Home of Chicken & Waffles Located at 2424 Dempster Street Staff submits for consideration Resolution 7-R-15 a modification of terms of the loan agreement between the City of Evanston and Chicago’s Home of Chicken and Waffles. For Action (A8) Ordinance 149-O-14 Amending the Water Supply Contract with the Northwest Water Commission Staff recommends City Council adoption of Ordinance 149-O-14 authorizing the City Manager to execute Amendment No. 2 to the amended and restated Water Supply Contract between the Northwest Water Commission and the City of Evanston. The proposed amendment provides language that would allow Evanston to feed two chemicals directly into the Commission’s pipeline. For Introduction 4 of 401 City Council Agenda January 26, 2015 Page 5 of 7 (A9) Ordinance 10-O-15, Amending City Code Title 4, Chapter 5, “Plumbing Code” to Adopt the Illinois Plumbing Code Staff recommends City Council adoption of Ordinance 10-O-15, amending City Code Title 4, Chapter 5, “Plumbing Code.” This ordinance would adopt the Illinois Plumbing Code (“IPC”) in its current form, without modification. The Illinois Department of Public Health requires all municipalities to adopt the most current IPC. For Introduction (A10) Ordinance 2-O-15, Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of City-Owned Real Property at 629-631 Howard Street to Ward Eight, LLC Staff recommends City Council adoption of Ordinance 2-O-15, “Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of Certain City- Owned Real Property Located at 629-631 Howard Street, Evanston, Illinois.” A two-thirds majority of City Council is required to adopt Ordinance 2-O-15. For Introduction (A11) Ordinance 14-O-15, Amending City Code Section 3-4-6-(P) to Allow for the Retail Sale of Alcohol for On-Site Consumption Local Liquor Commissioner recommends City Council adoption of Ordinance 14- O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(P), as amended, to permit the retail sale of alcohol for on-site consumption by persons of at least twenty-one (21) years of age. For Introduction (A12) Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation Network Providers City staff submits Ordinance 109-O-14 for City Council consideration. City staff was directed to draft an ordinance to regulate transportation network providers such as Uber, Sidecar, and Lyft. This ordinance was held at the Administration and Public Works Committee on January 12, 2015. For Introduction (A13) Ordinance 124-O-14, Amending Title 10, Motor Vehicles and Traffic, Chapter 6, Traffic Schedules, Section 2 (B), Authority to Remove Vehicles The Transportation/Parking Committee and City staff recommend that the City Council adopt Ordinance 124-O-14, amending Title 10, Chapter 6, Section 2(A) adding Line 18 to allow towing for vehicles physically obstructing a fire hydrant and adding Section 2(B) providing 48-hour notice when temporary tow signs are posted. This ordinance was introduced at the January 12, 2015 City Council meeting. For Action 5 of 401 City Council Agenda January 26, 2015 Page 6 of 7 (A14) Ordinance 7-O-15, Residential Exemption Parking District ‘B’ Staff and the Transportation/Parking Committee recommend that the City Council adopt Ordinance 7-O-15. amending the City Code by creating Subsection 10-11- 10 (M), Schedule X to include two hour parking limits between 9 am and 9 pm on Church Street and Hinman Avenue. This ordinance was introduced at the January 12, 2015 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 13-O-15, Granting Zoning Relief for an Open Parking Space in the Front Yard at 521 Ridge Avenue The Zoning Board of Appeals recommends the adoption of Ordinance 13-O-15 granting zoning relief to establish one open parking space in the front yard at 521 Ridge Avenue. City staff recommends that if City Council chooses to approve the zoning relief, a condition be imposed for the removal of the extraneous curb cut and driveway apron on Elmwood Avenue. For Introduction (P2) Ordinance 12-O-15, Granting a Special Use for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 12-O-15 granting a special use permit for a Type 2 Restaurant, Clucker’s Charcoal Chicken, in the B1 Business District. For Introduction (P3) Ordinance 152-O-14, Amending Hotel-Motel Tax to Add Bed and Breakfast Establishments Staff submits at request of Alderman Fiske consideration of Ordinance 152-O-14 which expands the type of accommodations subject to the Hotel-Motel Tax. For Introduction (P4) Ordinance 3-O-15, Granting a Special Use for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, at 1241 Chicago Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 3- O-15 granting a special use permit for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. This ordinance was introduced at the January 12, 2015 City Council meeting. For Action 6 of 401 City Council Agenda January 26, 2015 Page 7 of 7 APPOINTMENTS (APP1)For Appointment to: Harley Clarke Citizens Committee Gary Schumacher Harley Clarke Citizens Committee Amina DiMarco Harley Clarke Citizens Committee Linda Damashek Harley Clarke Citizens Committee Steve Hagerty Harley Clarke Citizens Committee Dawn Zeinemann Commission On Aging Susan Morse Commission On Aging David Sutor Ladd Arboretum Committee Wendy Pollock Ladd Arboretum Committee Charles Smith Public Safety Civil Service Commission Mary Erickson For Action MEETINGS SCHEDULED THROUGH JANUARY 2015 Upcoming Aldermanic Committee Meetings Tues, Jan 27 7 pm Joint Meeting: Human Services Funding Wed, Jan 28 6 pm Transportation/Parking Committee Wed, Jan 28 7:30 pm Economic Development 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. 7 of 401 For City Council meeting of January 26, 2015 Item SP1 Penny Park Project Update For Discussion To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Joe McRae, Director of Parks, Recreation and Community Services Suzette Robinson, Director of Public Works Subject: Penny Park Project Update and Request for City Council Direction Date: January 20, 2015 Recommended Action: Staff request City Council receive this update regarding the Penny Park improvement process and provide direction to staff on how to proceed with the Penny Park improvement project including the type of material to be used for the playground equipment, ADA compliance issues and potential restroom & pavilion additions. Funding Source: Funding for the Penny Park improvement project is provided by the Capital Improvement Plan in the amount of $500,000. Approximately $40,000 has been allocated on the existing contract with Leathers and Associates. Summary: Penny Park is located in the second ward at the corner of Lake Street and Ashland Avenue. It is a unique community park with an intricate wooden playground structure built in 1990. At that time, the City contracted with Leathers and Associates who specializes in designing and building playgrounds across the country utilizing volunteers to help fundraise and build the park. Part of their process includes getting community feedback, especially from kids that use the park, and incorporating that feedback into the design of the new playground. The City successfully completed a community-build playground at Penny Park with the community raising thousands of dollars and committing thousands of hours of community service to complete. Leathers and Associates recommend that the useful life of a wooden playground structure is approximately 20 years. As such, Penny Park was proactively programmed into the CIP to address potential structural issues with the playground equipment due to years of wear and tear from normal use. Alderman Braithwaite asked that the City utilize Memorandum 8 of 401 Page 2 of 3 a similar community build process with Leathers and Associates for the Penny Park renovation project. To ensure safety, the City would remove the antiquated pieces of playground equipment and prepare the site for community volunteers to rebuild the playground with assistance and oversight from Leathers. Timeline: There have been a number of community & ward meetings to discuss the Penny Park improvement project: ● Second Ward Meeting: February 13, 2013 ● Neighborhood Meeting: April 4, 2013 ● Leathers & Associates Design Day & Design Presentation: March 27, 2014 (Meeting with Dewey School & Cherry Preschool kids to obtain feedback & create preliminary design) ● Second Ward Meeting: September 11, 2014 ● City Council Meeting: October 13, 2014 (City Council approved single source contract with Leathers & Associates for Penny Park project) ● Schematic Design Discussion: December 11, 2014 Project Concerns: At the December 11, 2014 meeting to discuss the schematic design of the playground, several community members posed a number of questions and concerns regarding the Penny Park project. In addition, the City Council and staff have heard from many members of the community opposing the project. A copy of the questions and answers are posted on the City website. See link attached: http://www.cityofevanston.org/parks-recreation/parks/penny-park-next-generation-faqs/ There are several issues being raised: ● Condition of playground equipment - does it really need to be replaced. ● ADA compliance - current structure is not compliant ● Visibility issues - safety for kids ● Materials for rebuild - natural wood vs composite lumber ● Addition of restrooms - is this necessary, impact on budget ● Addition of a pavilion - is this necessary, impact on budget ● Budget & fundraising - given $500,000 budget, approx $40,000 encumbere d for Leathers ● Timeframe - project scheduled to be completed late summer (August/September) 9 of 401 Page 3 of 3 Proposed Next Steps: Staff believes additional review of project concerns is needed before the project can continue. Staff requests City Council direction on the following issues: 1. Consideration of need for full reconstruction or partial improvements to existing park. 2. Review of costs associated with new construction as identified by Leathers & Associates and costs of modifications to existing park structures. Specific direction is requested on moving forward with identified restroom facility and pavilion. 3. The role of a citizen steering committee to either assist with continued renovation project or assist with identifying modifications to existing park. 10 of 401 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, January 12, 2015 Roll Call: Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Presiding: Mayor Tisdahl Mayor Tisdahl opened The Regular Meeting of the City Council at 7:45 PM after Roll Call revealed a quorum was present. Mayor Public Announcements: The Mayor read a statement concerning the Evanston Police Department and the makeup and the relationships with the community, by making the City safer. She thanked the Officers and staff of the Police Department for their commitment and service to the City of Evanston. City Manager Public Announcements City Manager Bobkiewicz called upon Police Chief Eddington to present the promotions of Police Officers. The Chief then asked City Clerk Greene to step down to administer the Oath of Office. Clerk Greene administered the Oath of Office to the following Officers: Detective Jodie Hart promotion to Sergeant. ; Sergeant Angelo Williams promoted to Commander; and Commander Jason Parrott to Deputy Chief. Sergeant Tracy Williams was asked to come forward to give an update of his trip to New York for the funeral service of Police Officer Lu. Jet Blue flew all of the Police Officers around the country free of charge as they went to show support to the City and the Officers Family. What he remembered as being worth the trip was the hug and kiss he received from the mother of Officer Lu, after presenting her with an envelope from the Evanston Police Department. One of New York’s Policemen stated the present of so many Police Officers from around the country really helped with the healing process of the New York Police Department. He also showed a few slides of the trip as well. City Manager then had the following new Managers introduced: Jennifer Lin, Human Resources Division Manager / Administrative Services. He stated that she and Grant 11 of 401 City Council Agenda January 12, 2015 Page 2 of 9 Farrar were Junior Attorney’s in the Illinois State Attorney’s Office. Mr. Lyons stated he was very pleased to have Ms. Lin as the candidate who was chosen. Gary Gerdes is the new Building & Inspection Services Division Manager, Community Development Department. Mr. Gerdes stated he was glad to be here and look forward working with the Council. Mr. Tim Rhoze, Director Fleetwood/Jourdaine Theater gave a list of the upcoming events. With all that Mr. Rhoze presented as he began to leave the City Manager called him back to the podium. Mr. Bobkiewicz announced Mr. Rhoze is staring in the play Airline highway at the Steppenwolf Theater. There is even talk of going onto Broadway, and the play has been extended. Dr. Martin Luther King Day Observances will occur Saturday, January 17, 2015 at noon in the Fleetwood/Jourdain Center. There will be many dignitaries and others exhibiting their talents. Holiday Trash Collections will be postponed one day later as explained by Director Suzette Robinson of Public Works Department. Communications: City Clerk Clerk Greene had no communications for the evening. Public Comment The following persons spoke on Harley Clarke Mansion: Gary Sumaker was asking for a task force to be considered for alternative uses for the property. Diane Williams a member of the Preservation Committee was hoping the Council would take their idea for a working group to suggest solutions for the Harley Clarke Mansion. Carl Bova stated his concerns for spending monies renovating the Civic Center for over a million dollars, but can’t spend a small fraction on the improvements for Harley Clarke, can’t assist Robert Crowne, can’t manage some of its properties, but will give three million dollars to a developer. Diane Korling she concurred with the previous speakers. Barbara Janes suggested to allow the Coastal Management Program to be accepted by the Council to have them locate into the Harley Clarke Mansion. Linda Dawashek, displayed some poster presentations of four other Historic buildings similar to Harley Clarke. Mary Rosinski stated she was in agreement with the previous speakers. Betty Ester there was a program that was presented to help kids grow into a career, where they had hands on with knowledgeable people. We need this program in Evanston. Junad Rizki believes the money is being spent unwisely on member’s pet projects Items not approved on Consent Agenda: (A3.2) Approval of 2015 CIPP Sewer Rehabilitation Contract A with Insituform Technologies USA, LLC (Bid 15-01) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 Cured-In-Place Pipe Lining Contract A with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount of $310,979.10. Funding is 12 of 401 City Council Agenda January 12, 2015 Page 3 of 9 provided by the Sewer Fund, Account 515.71.7420.62461, which has an allocation of $535,000 for this type of sewer rehabilitation work. For Action (A3.3) Approval of an Amendment to the Agency Agreement with Northwestern University for the Management of the Natural Gas Purchase and an Amendment to the Agreement for the Purchase of Natural Gas for 16 City Owned Buildings Staff recommends that the City Council authorize the City Manager to negotiate and execute Amendment 2 to the Agency Agreement with Northwestern University for the management of the natural gas purchase. The amendment extends the term of the agreement through August 31, 2021. Staff also recommends that the City Council authorize the City Manager to negotiate and execute Amendment 6 to the agreement with Twin Eagle Resource Management, LLC (5120 Woodway, Suite 10010, Houston, TX) for the purchase of natural gas for 16 City owned buildings when the strike price is below $4.10 per MMBTU. The amended term of the agreement will be effective September 1, 2016 through August 31, 2021. For Action (A5)Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation Network Providers City staff submits Ordinance 109-O-14 for City Council consideration. City staff was directed to draft an ordinance to regulate transportation network providers such as Uber, Sidecar, and Lyft. City staff reviewed and considered comparable ride-share statutes from similarly situated jurisdictions, including the recently enacted Chicago Ordinance. For Introduction (A8)Ordinance 143-O-14, Decreasing the Number of Class D Liquor Licenses for Carmen’s of Evanston, Inc., 1241 Chicago Avenue Staff recommends City Council adoption of Ordinance 143-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), to decrease the number of authorized Class D liquor licenses from fifty-two (52) to fifty-one (51) due to closing of Carmen’s of Evanston, Inc., dba Carmen’s of Evanston (“Company”), 1241 Chicago Avenue. For Introduction Ald. Holmes motioned for approval and was seconded by Ald.Rainey (who had asked for suspension of the rules earlier). Roll Call was 9-0 and the motion passed. (A9)Ordinance 1-O-15, Authorizing the City Manager to Negotiate with Ward Eight LLC for the Sale of City-Owned Real Property Located at 629-631 Howard Street Staff recommends approval of Ordinance 1-O-15, authorizing the City Manager to negotiate for the sale of City-owned Real Property located at 629-631 Howard Street, Evanston to Ward Eight LLC. A two-thirds majority of City Council is required to adopt Ordinance 1-O-15. Suspension of the Rules is requested for introduction and adoption by City Council on January 12, 2015. For Introduction and Action Ald. Holmes motioned for approval and was seconded by Ald. Rainey (who had asked 13 of 401 City Council Agenda January 12, 2015 Page 4 of 9 for suspension of the rules earlier). Ald. Burrus seconded the motion 9-0 Roll Call the motion passed. (P2)Ordinance 154-O-14 Zoning Ordinance Text Amendment Amendment to Chapter 16 Off-street Parking and Loading Regarding Parking Requirements for Increased Residential Density The Plan Commission and staff recommend adoption of Ordinance 154-O-14 to modify Chapter 16 Off-street Parking and Loading to establish parking requirements for increase in residential density (number of dwelling units) on a property. For Introduction (H1)Resolution 1-R-15 Authorizing the City Manager to Adjust Tenant Lease Conditions at the Noyes Cultural Arts Center as of January 1, 2015 The Human Services Committee and staff recommend City Council adoption of Resolution 1-R-15 authorizing the City Manager to adjust tenant lease conditions at the Noyes Cultural Arts Center as of January 1, 2015. For Action (H4) Resolution 5-R-15, Authorizing the City Manager to Negotiate and Execute a Memorandum of Understanding with the Evanston Art Center Concerning its Move from the Harley Clarke Mansion, and Harley Clarke Mansion Status Update and Next Steps It is recommended that the City Council: 1) receive this report; 2) adopt Resolution 5-R- 15 authorizing the City Manager to negotiate and execute a memorandum of understanding with the Evanston Arts Center concerning its move from the Harley Clarke Mansion; 3) consider recommendation of the Human Services Committee to solicit additional public input on next options for the Mansion; 4) provide other direction to the City Manager as appropriate. For Action (H5) Approval of Request for Proposal for Evanston Animal Shelter and Animal Welfare Program (RFP 15-08) The Human Services Committee and the Animal Control Board recommend City Council approval to issue a Request for Proposal to establish a partnership with a volunteer animal organization (VAO) for management of the Evanston Animal Shelter and to provide administration of adoption and related services for cats and dogs. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of November 24, 2014 (M2) Approval of Minutes of the Regular City Council Meeting of December 1, 2014 (M3) Approval of Minutes of the Regular City Council Meeting of December 8, 2014 For Action 14 of 401 City Council Agenda January 12, 2015 Page 5 of 9 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through November 30, 2014 $2,615,630.57 City of Evanston Payroll through December 14, 2014 $2,637,436.82 City of Evanston Payroll through December 28, 2014 $2,591,719.85 (A2) FY2014 City of Evanston Bills – January 13, 2014 $4,932,715.24 FY2015 City of Evanston Bills – January 13, 2014 $2,503,241.52 Credit Card Activity Period Ending November 30, 2014 $124,226.06 For Action (A3.1) Approval of Agreement with Rose Pest Solutions for City Wide Rodent Control Services for the City of Evanston (RFP 14-61) Staff recommends City council authorize the City Manager to sign an agreement with Rose Pest Solutions (414 Frontage Road, Northfield, IL) for the provision of rodent control services to residences in Evanston in the amount of $22,880 for the period of February 1, 2015 to February 1, 2016. Funding is provided by Food and Environmental Health Account 100.24.2435.62605. For Action (A3.4) Approval of Contract with Hipskind Technology Solutions Group for City of Evanston Computer Data Storage Area Network Project (Bid 14-64) Staff recommends City Council authorize the City Manager to execute a contract for the bid for the City of Evanston Computer Data Storage Area Network project with Hipskind Technology Solutions Group (Two Westbrook Corporate Center, Suite 250, Westchester, IL) in the amount of $250,396.16. Funding is provided by Capital Improvement Fund Account 415.19.1450.65515. For Action (A4) Approval of Change Order No. 1 for 2014 CIPP Sewer Rehabilitation Contract B (Bid 14-43) Staff recommends the City Council authorize the City Manager to execute Change Order No. 1 for the 2014 CIPP Sewer Rehabilitation Contract B with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO). This change order will increase the contract amount by $28,474, from $230,584 to $259,058. It will also extend the contract duration by 61 days from November 30, 2014 to January 30, 2015. Funding is available in the Sewer Fund through savings achieved in other accounts. For Action (A6) Ordinance 124-O-14, Amending Title 10, Motor Vehicles and Traffic, Chapter 6, Traffic Schedules, Section 2 (B), Authority to Remove Vehicles The Transportation/Parking Committee and City staff recommend that the City Council adopt Ordinance 124-O-14, amending Title 10, Chapter 6, Section 2(A) adding Line 18 to allow towing for vehicles physically obstructing a fire hydrant and adding Section 2(B) providing 48-hour notice when temporary tow signs are posted. 15 of 401 City Council Agenda January 12, 2015 Page 6 of 9 For Introduction (A7) Ordinance 7-O-15, Residential Exemption Parking District ‘B’ Staff and the Transportation/Parking Committee recommend that the City Council adopt Ordinance 7-O-15. amending the City Code by creating Subsection 10-11- 10 (M), Schedule X to include two hour parking limits between 9 am and 9 pm on Church Street and Hinman Avenue. For Introduction PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 3-O-15, Granting a Special Use for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, at 1241 Chicago Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 3- O-15 granting a special use permit for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction HUMAN SERVICES COMMITTEE (H2) Resolution 2-R-15 Authorizing the City Manager to Enter into Twelve Month Lease Agreements for Studio Spaces at the Noyes Cultural Arts Center The Human Services Committee and staff recommend City Council adoption of Resolution 2-R-15 authorizing the City Manager to enter into twenty (20) renewal agreements for a twelve (12) month lease term for spaces at the Noyes Cultural Arts Center. For Action (H3) Resolution 3-R-15 Authorizing the City Manager to Enter into a Five Month Lease Agreement with the Evanston Art Center for Studio Space at the Noyes Cultural Arts Center The Human Services Committee and staff recommend City Council adoption of Resolution 3-R-15 authorizing the City Manager to enter into an agreement for a five-month lease term for the Evanston Art Center to lease spaces at the Noyes Cultural Arts Center. For Action RULES COMMITTEE (O1) Ordinance 151-O-14, Amending the City Code and Merging the Evanston Arts Council and the Public Art Committees The Rules Committee and staff recommend City Council adoption of Ordinance 151-O-14, which amends the City Code to merge the Evanston Arts Council and 16 of 401 City Council Agenda January 12, 2015 Page 7 of 9 the Public Art Committee into one committee. This ordinance was introduced at the December 8, 2014 City Council meeting. For Action APPOINTMENTS (APP1)For Reappointment to: Plan Commission Jim Ford Alderman Rainey motioned for approval of the Consent Agenda, and was seconded by Ald. Tendam. A Roll Call vote yielded a 9-0 vote and the Consent Agenda was approved. Items for discussion: (A3.2) Approval of 2015 CIPP Sewer Rehabilitation Contract A with Insituform Technologies USA, LLC (Bid 15-01) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 Cured-In-Place Pipe Lining Contract A with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount of $310,979.10. Funding is provided by the Sewer Fund, Account 515.71.7420.62461, which has an allocation of $535,000 for this type of sewer rehabilitation work. For Action Ald. Holmes stated this item was held in committee until Jan. 26th. (A3.3) Approval of an Amendment to the Agency Agreement with Northwestern University for the Management of the Natural Gas Purchase and an Amendment to the Agreement for the Purchase of Natural Gas for 16 City Owned Buildings Staff recommends that the City Council authorize the City Manager to negotiate and execute Amendment 2 to the Agency Agreement with Northwestern University for the management of the natural gas purchase. The amendment extends the term of the agreement through August 31, 2021. Staff also recommends that the City Council authorize the City Manager to negotiate and execute Amendment 6 to the agreement with Twin Eagle Resource Management, LLC (5120 Woodway, Suite 10010, Houston, TX) for the purchase of natural gas for 16 City owned buildings when the strike price is below $4.10 per MMBTU. The amended term of the agreement will be effective September 1, 2016 through August 31, 2021. For Action Ald. Holmes motioned for approval and was seconded by Ald. Rainey. Ald. Burrus abstained due to employment with Northwestern University. (A5)Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation Network Providers City staff submits Ordinance 109-O-14 for City Council consideration. City staff was directed to draft an ordinance to regulate transportation network providers such as Uber, Sidecar, and Lyft. City staff reviewed and considered comparable ride-share statutes from similarly situated jurisdictions, including the recently enacted Chicago Ordinance. 17 of 401 City Council Agenda January 12, 2015 Page 8 of 9 For Introduction Ald. Holmes stated this item was held in committee until Jan. 26th. (A8)Ordinance 143-O-14, Decreasing the Number of Class D Liquor Licenses for Carmen’s of Evanston, Inc., 1241 Chicago Avenue Staff recommends City Council adoption of Ordinance 143-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), to decrease the number of authorized Class D liquor licenses from fifty-two (52) to fifty-one (51) due to closing of Carmen’s of Evanston, Inc., dba Carmen’s of Evanston (“Company”), 1241 Chicago Avenue. For Introduction Ald. Holmes motioned for approval and was seconded by Ald.Rainey (who had asked for suspension of the rules earlier). Roll Call was 9-0 and the motion passed. (A9)Ordinance 1-O-15, Authorizing the City Manager to Negotiate with Ward Eight LLC for the Sale of City-Owned Real Property Located at 629-631 Howard Street Staff recommends approval of Ordinance 1-O-15, authorizing the City Manager to negotiate for the sale of City-owned Real Property located at 629-631 Howard Street, Evanston to Ward Eight LLC. A two-thirds majority of City Council is required to adopt Ordinance 1-O-15. Suspension of the Rules is requested for introduction and adoption by City Council on January 12, 2015. For Introduction and Action Ald. Holmes motioned for approval and was seconded by Ald. Rainey (who had asked for suspension of the rules earlier). Ald. Burrus seconded the motion 9-0 Roll Call the motion passed. (P2)Ordinance 154-O-14 Zoning Ordinance Text Amendment Amendment to Chapter 16 Off-street Parking and Loading Regarding Parking Requirements for Increased Residential Density The Plan Commission and staff recommend adoption of Ordinance 154-O-14 to modify Chapter 16 Off-street Parking and Loading to establish parking requirements for increase in residential density (number of dwelling units) on a property. For Introduction Ald. Fiske motioned for approval and seconded by Ald. Braithwaite. Roll Call vote of 8-1 (Ald. Rainey voted nay). (H1)Resolution 1-R-15 Authorizing the City Manager to Adjust Tenant Lease Conditions at the Noyes Cultural Arts Center as of January 1, 2015 The Human Services Committee and staff recommend City Council adoption of Resolution 1-R-15 authorizing the City Manager to adjust tenant lease conditions at the Noyes Cultural Arts Center as of January 1, 2015. For Action Ald. Braithwaite motioned for approval and seconded by Ald. Grover. There was an amendment to the motion by Ald. Rainey and a Roll Call vote of 9-0 to approve with the amendment. (H4) Resolution 5-R-15, Authorizing the City Manager to Negotiate and Execute a 18 of 401 City Council Agenda January 12, 2015 Page 9 of 9 Memorandum of Understanding with the Evanston Art Center Concerning its Move from the Harley Clarke Mansion, and Harley Clarke Mansion Status Update and Next Steps It is recommended that the City Council: 1) receive this report; 2) adopt Resolution 5-R- 15 authorizing the City Manager to negotiate and execute a memorandum of understanding with the Evanston Arts Center concerning its move from the Harley Clarke Mansion; 3) consider recommendation of the Human Services Committee to solicit additional public input on next options for the Mansion; 4) provide other direction to the City Manager as appropriate. For Action Ald. Braithwaite motioned for approval and seconded by Ald. Wynne. Roll Call vote was 9-0 with amendment to subsection C. (H5) Approval of Request for Proposal for Evanston Animal Shelter and Animal Welfare Program (RFP 15-08) The Human Services Committee and the Animal Control Board recommend City Council approval to issue a Request for Proposal to establish a partnership with a volunteer animal organization (VAO) for management of the Evanston Animal Shelter and to provide administration of adoption and related services for cats and dogs. For Action Ald. Braithwaite motioned for approval and seconded by Ald. Wynne. Voice Vote to approve as amended. Call of the Wards Ward 5, Ald. Holmes invited all to 5th ward meeting Thursday, and MLK day. Stated she was proud of the Police Department. Ward 6, Ald. Tendam he too thanked the Police Department. Jan. 22nd a 6th&7th ward meeting at the Crown. Ward 7, Ald. Grover stated Whole Foods would be in attendance, and 65 th District Super. She wished ETHS students in finals good luck. Ward 8, Ald. Rainey stated she and Ald. Burrus will have a joint meeting on Feb. 5 th with Little Beans. Ward 9, Ald. Burrus also congratulated the previous Police promotions. She also mentioned joint meeting with Ald. Rainey. Ward 1, Ald. Fiske she expressed her pride and admiration to the Police Department. She thanked all for the Evanston First Night event. Ward 2, Ald. Braithwaite he also congratulated the Police Officer’s promotions. Ward 3, Ald. Wynne she too joined all the Council members in congratulating the Police Officers promotion and their families for their support. She also spoke of the death of Sue Brady and her contributions to the City of Evanston, and she will be missed. Ward 4, Ald. Wilson he also expressed his appreciation for the Police Department. Mayor Tisdahl mentioned the death of former Alderman Richard Lyons. Alderman Wilson motioned to convene into Executive Session Personnel, Minutes and Litigation, and with a Voice Vote the meeting ended at 9:37PM. Submitted by, Hon. Rodney Greene, MMC City Clerk 19 of 401 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, January 26, 2015 6 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN HOLMES, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF January 12, 2015 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through January 11, 2015 $2,853,768.41 (A2) FY2014 City of Evanston Bills – January 27, 2015 $1,150,586.73 FY2015 City of Evanston Bills – January 27, 2015 $ 252,606.25 For Action (A3.1) Approval of Sole Source Renewal of Annual Accela (PAL) Maintenance and Support Agreement Staff recommends that City Council authorize the City Manager to renew the existing sole source agreement with Accela Inc. (2633 Camino Ramon, San Ramon, CA), year 9 of the City’s 10 year contract in the amount of $128,362.82. This renewal agreement will cover the period of March 15, 2015 through March 14, 2016. Funding is provided from the Information Technology Division Computer Licensing and Support Account 100.19.1932.62340 with a 2015 Budget of $138,850. For Action (A3.2) Approval of Sole Source Renewal of Police Service Agreement with Motorola Solutions, Inc. Staff recommends that City Council authorize the City Manager to renew the annual sole source service agreement with Motorola Solutions, Inc. (1309 East Algonquin Road., Schaumburg, IL) for the amount of $77,092.92. The Agreement is effective from January 1, 2015 through December 31, 2015. Funding will be provided by the Emergency Telephone System Service Agreements & Contracts Account 205.22.5150.62509 with a FY2015 Budget of $237,000. For Action Page 1; Rev. 1/22/2015 3:31:14 PM 20 of 401 (A3.3) Approval of Sole Source Renewal of Otis Elevator Maintenance Contract Staff recommends that City Council authorize the City Manager to renew the sole source service and maintenance agreement with OTIS Elevator Corporation (949 Oak Creek Drive, Lombard, IL) for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages for a 1-year term at a cost of $64,208.76. The proposed 1-year service agreement is effective January 1, 2015 to December 31, 2015, and provides for a decrease from last year’s fees of approximately 7 percent. Funding is provided by budgeted accounts for the four structures. For Action (A3.4) Approval of Solid Waste Agency of Northern Cook County (SWANCC) Disposal Fees for FY 2015 Staff recommends City Council approval of the 2015 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in not to exceed amounts of $60,000 for capital costs, $800,000 for operations and maintenance and $20,000 in recycling transfer fees. Funding is provided by the Solid Waste Fund Accounts: 520.26.7685.68310 (capital); 520.26.7685.62405 (operations and maintenance); and 520.26.7690.62415 (recycling). For Action (A3.5) Approval of Renewal of the Service Provider Agreement with Presence Behavioral Health Staff recommends that City Council authorize the City Manager to renew the Service Provider Agreement with Presence Behavioral Health (Presence Health) for the provision of 24-hour Crisis Line Access, Mental Health Crisis Intervention and various community outreach and education services at a cost of $73,333.33. The agreement is dated January 1, 2015 to December 31, 2015. Funding is provided by the Health and Human Services Department Account 176.24.4651.62491. For Action (A4) Approval of Change Order No. 2 for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 2 for the 48-Inch Diameter Intake Improvements with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH). This change order will extend the contract duration by 110 days from April 12, 2015 to July 31, 2015. There will be no change to the current contract amount of $1,403,122. For Action (A5) Town of Evanston FY2013 Audited Annual Financial Report Town of Evanston FY 2014 Jan-April 30 Audited Annual Financial Report Staff recommends that the Town of Evanston FY2013 Audited Annual Financial Report and the FY2014 Jan-April Audited Annual Financial Report be accepted and placed on file. For Action: Accept and Place on File Page 2; Rev. 1/22/2015 3:31:14 PM 21 of 401 (A6) Resolution 6-R-15 Authorizing that Payments Relating to the FY 2015 Capital Improvement Plan (C.I.P) Projects Be Reimbursed by the Subsequent 2015 General Obligation (G.O.) Bond Issuance Staff recommends City Council adoption of Resolution 6-R-15 authorizing that payments relating to FY2015 Capital Improvement Plan (C.I.P.) project expenditures up to $14,320,650 be reimbursed by the subsequent 2015 General Obligation (G.O.) bond issuance. For Action (A7) Resolution 7-R-15, Modification of Loan Terms for Chicago’s Home of Chicken & Waffles Located at 2424 Dempster Street Staff submits for consideration Resolution 7-R-15 a modification of terms of the loan agreement between the City of Evanston and Chicago’s Home of Chicken and Waffles. For Action (A8) Ordinance 149-O-14 Amending the Water Supply Contract with the Northwest Water Commission Staff recommends City Council adoption of Ordinance 149-O-14 authorizing the City Manager to execute Amendment No. 2 to the amended and restated Water Supply Contract between the Northwest Water Commission and the City of Evanston. The proposed amendment provides language that would allow Evanston to feed two chemicals directly into the Commission’s pipeline. For Introduction (A9) Ordinance 10-O-15, Amending City Code Title 4, Chapter 5, “Plumbing Code” to Adopt the Illinois Plumbing Code Staff recommends City Council adoption of Ordinance 10-O-15, amending City Code Title 4, Chapter 5, “Plumbing Code.” This ordinance would adopt the Illinois Plumbing Code (“IPC”) in its current form, without modification. The Illinois Department of Public Health requires all municipalities to adopt the most current IPC. For Introduction (A10) Ordinance 2-O-15, Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of City-Owned Real Property at 629-631 Howard Street to Ward Eight, LLC Staff recommends City Council adoption of Ordinance 2-O-15, “Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of Certain City- Owned Real Property Located at 629-631 Howard Street, Evanston, Illinois.” A two-thirds majority of City Council is required to adopt Ordinance 2-O-15. For Introduction Page 3; Rev. 1/22/2015 3:31:14 PM 22 of 401 (A11) Ordinance 14-O-15, Amending City Code Section 3-4-6-(P) to Allow for the Retail Sale of Alcohol for On-Site Consumption Local Liquor Commissioner recommends City Council adoption of Ordinance 14- O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(P), as amended, to permit the retail sale of alcohol for on-site consumption by persons of at least twenty-one (21) years of age. For Introduction (A12) Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation Network Providers City staff submits Ordinance 109-O-14 for City Council consideration. City staff was directed to draft an ordinance to regulate transportation network providers such as Uber, Sidecar, and Lyft. This ordinance was held at the Administration and Public Works Committee on January 12, 2015. For Introduction IV. ITEMS FOR DISCUSSION (APW1)Multi-Family Recycling Pilot Staff recommends conducting a recycling pilot program aimed at increasing recycling in multi-family dwellings. For Discussion (APW2)Treated Water Storage Report Staff is requesting City Council consideration of the Utilities Department plan to: 1) prepare an RFP to hire a consultant for the rehabilitation of clearwells 1-4, and 2) prepare an RFP to select a consultant to provide the engineering services for a new 5 million gallon clearwell at or near the current location. For Discussion V. COMMUNICATIONS VI. ADJOURNMENT Page 4; Rev. 1/22/2015 3:31:14 PM 23 of 401 Administration and Public Works Committee Meeting Minutes of December 8, 2014 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, J. Grover, C. Burrus, P. Braithwaite, A. Rainey STAFF PRESENT: D. Stoneback, G. Farrar, W. Bobkiewicz, J. Williams-Kinsel, R. Dahal, J. Calderon, J. Nyden, Mayor Tisdahl, L. Jeschke, M. Lyons, T. Turner STAFF ABSENT: M. Lyons, B. Dorneker, M. Muenzer, M. Sumar, S. Robinson, L. Biggs, Chief Klaiber, C. Hurley, J. Maiworm, E. Thomas-Smith, R. Voss, A. Porta, A. Thorpe PRESIDING OFFICIAL: Ald. Holmes I. DECLARATION OF QUORUM A quorum being present, Ald. Holmes called the meeting to order at 6:03 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF DECEMBER 8, 2014 Ald . Burrus moved to approve the minutes of the December 8, 2014 A&PW meeting as submitted, seconded by Ald. Braithwaite. The Minutes of the December 8, 2014 meeting were approved unanimously 5-0. I. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through November 30, 2014 $2,615,630.57 City of Evanston Payroll through December 14, 2014 $2,637,436.82 City of Evanston Payroll through December 28, 2014 $2,591,719.85 For Action Ald. Holmes moved to approve the City of Evanston Payroll (A1) through December 28, 2014, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the payroll. (A2) FY2014 City of Evanston Bills – January 13, 2014 $4,932,715.24 FY2015 City of Evanston Bills – January 13, 2014 $2,503,241.52 Credit Card Activity Period Ending November 30, 2014 $124,226.06 For Action Ald. Rainey requested more information for vehicle purchases, specifically she would like to know the vehicle and the department requesting it. She also asked about the Northwest Water Commission True-Up. Dave Stoneback replied that an estimate of costs was charged at the beginning of the year. Then, at the end of the year, the actual costs are assessed and DRAFT – NOT APPROVED 24 of 401 Administration and Public Works Committee Meeting Minutes of 1-12-15 Page 2 of 8 adjustments are made. The bill has three parts; a return on rate, a depreciation charge and a quantity charge. The adjustment only affects the quantity charge. There was more discussion to clarify the charges and reimbursements. For Action Ald. Holmes moved to approve the City of Evanston Bills (A2) for FY2014 and FY 2015 for the period up to January 13, 2015 and the Credit Card Activity Report for the period ending November 30, 2014, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the bills and credit card activity. (A3.1) Approval of Agreement with Rose Pest Solutions for City Wide Rodent Control Services for the City of Evanston (RFP 14-61) Staff recommends City Council authorize the City Manager to sign an agreement with Rose Pest Solutions (414 Frontage Road, Northfield, IL) for the provision of rodent control services to residences in Evanston in the amount of $22,880 for the period of February 1, 2015 to February 1, 2016. Funding is provided by Food and Environmental Health Account 100.24.2435.62605. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to sign an agreement with Rose Pest Solutions (414 Frontage Road, Northfield, IL) for the provision of rodent control services to residences in Evanston in the amount of $22,880 for the period of February 1, 2015 to February 1, 2016. The Committee voted unanimously 5-0 to recommend approval of the agreement. (A3.2) Approval of 2015 CIPP Sewer Rehabilitation Contract A with Insituform Technologies USA, LLC (Bid 15-01) Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 Cured-In-Place Pipe Lining Contract A with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount of $310,979.10. Funding is provided by the Sewer Fund, Account 515.71.7420.62461, which has an allocation of $535,000 for this type of sewer rehabilitation work. For Action Ald. Burrus moved to recommend City Council authorize the City Manager to execute a contract for the 2015 Cured-In-Place Pipe Lining Contract A with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount of $310,979.10, seconded by Ald. Rainey. 25 of 401 Administration and Public Works Committee Meeting Minutes of 1-12-15 Page 3 of 8 Ald. Grover expressed concern over not choosing the lowest bidder. She pointed out that the City would be investing $44k more to work with the MWEBE compliant bidder to produce $5,800 in wages; she thought there could be a better way to invest that money in Evanston residents. City Manager Wally Bobkiewicz stated that Ald. Grover’s assessment was correct. Staff felt uncomfortable presupposing Council’s policies and both of the lower bidders don’t comply with policies. There was further discussion around alternative solutions, the qualifications of bidders and the bidding process, and ways to best interpret Council policies while simultaneously putting money to best use. The Committee agreed Ald. Braithwaite would discuss this case with the MWEBE Committee, staff would receive more guidance for similar situations and meet with vendors to encourage compliance, and this issue would be held in committee until February 9, 2015. The Committee voted unanimously 5-0 to hold this item until the February 9, 2015 meeting. (A3.3) Approval of an Amendment to the Agency Agreement with Northwestern University for the Management of the Natural Gas Purchase and an Amendment to the Agreement for the Purchase of Natural Gas for 16 City Owned Buildings Staff recommends that the City Council authorize the City Manager to negotiate and execute Amendment 2 to the Agency Agreement with Northwestern University for the management of the natural gas purchase. The amendment extends the term of the agreement through August 31, 2021. Staff also recommends that the City Council authorize the City Manager to negotiate and execute Amendment 6 to the agreement with Twin Eagle Resource Management, LLC (5120 Woodway, Suite 10010, Houston, TX) for the purchase of natural gas for 16 City owned buildings when the strike price is below $4.10 per MMBTU. The amended term of the agreement will be effective September 1, 2016 through August 31, 2021. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to negotiate and execute Amendment 2 to the Agency Agreement with Northwestern University for the management of the natural gas purchase. The amendment extends the term of the agreement through August 31, 2021. Staff also recommends that the City Council authorize the City Manager to negotiate and execute Amendment 6 to the agreement with Twin Eagle Resource Management, LLC (5120 Woodway, Suite 10010, Houston, TX) for the purchase of natural gas for 16 City owned buildings when the strike price is below $4.10 per MMBTU. The amended term of the agreement will be effective September 1, 2016 through August 31, 2021, Ald. Grover seconded. 26 of 401 Administration and Public Works Committee Meeting Minutes of 1-12-15 Page 4 of 8 There was some discussion about the futures market and the way strike prices are determined. The Committee voted 4-0 to approve the amendment with Ald. Burrus abstaining. (A3.4) Approval of Contract with Hipskind Technology Solutions Group for City of Evanston Computer Data Storage Area Network Project (Bid 14-64) Staff recommends City Council authorize the City Manager to execute a contract for the bid for the City of Evanston Computer Data Storage Area Network project with Hipskind Technology Solutions Group (Two Westbrook Corporate Center, Suite 250, Westchester, IL) in the amount of $250,396.16. Funding is provided by Capital Improvement Fund Account 415.19.1450.65515. For Action Ald. Grover moved to recommend City Council authorize the City Manager to execute a contract for the bid for the City of Evanston Computer Data Storage Area Network project with Hipskind Technology Solutions Group (Two Westbrook Corporate Center, Suite 250, Westchester, IL) in the amount of $250,396.16, Ald. Burrus seconded. There was some discussion about the lack of bidders. Jose Calderon, IT Division Manager, provided more information around the process and explained the good bid price. The Committee voted unanimously 5-0 to recommend execution of the contract. (A4) Approval of Change Order No. 1 for 2014 CIPP Sewer Rehabilitation Contract B (Bid 14-43) Staff recommends the City Council authorize the City Manager to execute Change Order No. 1 for the 2014 CIPP Sewer Rehabilitation Contract B with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO). This change order will increase the contract amount by $28,474, from $230,584 to $259,058. It will also extend the contract duration by 61 days from November 30, 2014 to January 30, 2015. Funding is available in the Sewer Fund through savings achieved in other accounts. For Action Ald. Holmes moved to recommend that City Council authorize the City Manager to execute Change Order No. 1 for the 2014 CIPP Sewer Rehabilitation Contract B with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO). This change order will increase the contract amount by $28,474, from $230,584 to $259,058. It will also extend the contract duration by 61 days from November 30, 2014 to January 30, 2015, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend execution of the change order. 27 of 401 Administration and Public Works Committee Meeting Minutes of 1-12-15 Page 5 of 8 (A5) Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation Network Providers City staff submits Ordinance 109-O-14 for City Council consideration. City staff was directed to draft an ordinance to regulate transportation network providers such as Uber, Sidecar, and Lyft. City staff reviewed and considered comparable ride-share statutes from similarly situated jurisdictions, including the recently enacted Chicago Ordinance. For Introduction Ald. Braithwaite moved to recommend City Council adopt Ordinance 109-O- 14, adding Title 3, Chapter 31, Regarding Transportation Network Providers. Mr. Bobkiewicz stated that ride/share businesses are operating, but they aren’t lawfully allowed to operate. The City must find a way to make operations lawful or the Corporate Council and Police Department must begin enforcement actions. He recognized that the community likes the services provided. He encouraged the committee to provide direction if the proposed ordinance doesn’t meet approval. Ald. Grover asked about the regulating structure for taxi cabs including fees and permits. Mr. Bobkiewicz offered to provide more information, but stated that the regulations for taxis don’t match the business model of the companies and communities across the country are also looking for solutions. Staff is reviewing policies set forth by other communities. Those communities that try to enforce are spending time and energy and it is the understanding of staff that Council would like to regulate, not enforce. Taxis are required to pay an annual fee per vehicle, but these companies don’t assign individual drivers to jurisdictions so that model doesn’t work. Ald. Holmes asked about insurance. Mr. Bobkiewicz replied that other communities require insurance from the companies rather than requiring insurance from individual drivers. Corporate Council Grant Farrar stated that dozens of jurisdictions have adopted ordinances and are moving toward regulation not prohibiting operations. The ordinances he reviewed charge a fee to company, and the proposed ordinance is modeled after Chicago’s ordinance. He further stated that the insurance coverage as set forth would cover any issues. Ald. Braithwaite also requested information on taxis and fee structures assessed for ride/share companies by other communities Attorney Farrar replied that cabs are charged $250 annually to operate and there are 140 cabs operating in Evanston. He stated that there is a range of fees 28 of 401 Administration and Public Works Committee Meeting Minutes of 1-12-15 Page 6 of 8 assessed to each ride share company by other jurisdictions and provided several examples. He further clarified that the $25,000 proposed fee would be per company, not driver. Ald. Rainey agreed that more information would be helpful, but that the point of the ride/shares is to be different from taxis. She expressed strong support for the businesses and provided a personal example of using the service with positive results. Mr. Bobkiewicz reiterated his support for the businesses, but again requested that they be made lawful to operate in Evanston. He requested that the Committee provide any changes to the ordinance. Ald. Holmes pointed out that the issue was for introduction and could be held until more information was provided. Ald. Burrus questioned if regulation was necessary. Mr. Bobkiewicz stated that other communities regulate. There was discussion about things that the City has regulated in the past and whether the companies should be regulated in the same way that taxis are regulated. Mr. Farrar pointed out that the ride/share companies accepted the Chicago ordinance. He further pointed out that other jurisdictions have regulated. He stated that his goal was to protect the City from liability. There was discussion about ways to define the drivers working for these companies and the corporate structure of the ride/share companies. Mr. Bobkiewicz stated that more information would be provided before any information goes on record. He stated that one option would be for the Committee to take no action. There was discussion around other issues that were difficult to regulate. The Committee agreed to hold the issue until the next meeting, January 26, 2015. (A6) Ordinance 124-O-14, Amending Title 10, Motor Vehicles and Traffic, Chapter 6, Traffic Schedules, Section 2 (B), Authority to Remove Vehicles The Transportation/Parking Committee and City staff recommends that the City Council adopt Ordinance 124-O-14, amending Title 10, Chapter 6, Section 2(A) adding Line 18 to allow towing for vehicles physically obstructing a fire hydrant and adding Section 2(B) providing 48-hour notice when temporary tow signs are posted. For Introduction 29 of 401 Administration and Public Works Committee Meeting Minutes of 1-12-15 Page 7 of 8 Ald. Burrus moved to recommend City Council adopt Ordinance 124-O-14, amending Title 10, Chapter 6, Section 2(A) adding Line 18 to allow towing for vehicles physically obstructing a fire hydrant and adding Section 2(B) providing 48-hour notice when temporary tow signs are posted, Ald. Grover seconded. The Committee voted unanimously 5-0 to recommend adoption of the ordinance. (A7) Ordinance 7-O-15, Residential Exemption Parking District ‘B’ Staff and the Transportation/Parking Committee recommend that the City Council adopt Ordinance 7-O-15 amending the City Code by creating Subsection 10-11- 10 (M), Schedule X to include two hour parking limits between 9 am and 9 pm on Church Street and Hinman Avenue. For Introduction Ald. Rainey moved to recommend City Council adopt Ordinance 7-O-15 amending the City Code by creating Subsection 10-11-10 (M), Schedule X to include two hour parking limits between 9 am and 9 pm on Church Street and Hinman Avenue, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend adoption of the ordinance. (A8) Ordinance 143-O-14, Decreasing the Number of Class D Liquor Licenses for Carmen’s of Evanston, Inc., 1241 Chicago Avenue Staff recommends City Council adoption of Ordinance 143-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), to decrease the number of authorized Class D liquor licenses from fifty-two (52) to fifty-one (51) due to closing of Carmen’s of Evanston, Inc., dba Carmen’s of Evanston (“Company”), 1241 Chicago Avenue. For Introduction Ald. Grover moved to suspend rules and take action to adopt Ordinance 143-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), to decrease the number of authorized Class D liquor licenses from fifty-two (52) to fifty-one (51) due to closing of Carmen’s of Evanston, Inc., dba Carmen’s of Evanston (“Company”), 1241 Chicago Avenue, Ald. Rainey seconded. The Committee voted unanimously 5-0 to suspend the rules and adopt the ordinance. (A9) Ordinance 1-O-15, Authorizing the City Manager to Negotiate with Ward Eight LLC for the Sale of City-Owned Real Property Located at 629-631 Howard Street Staff recommends approval of Ordinance 1-O-15, authorizing the City Manager to negotiate for the sale of City-owned Real Property located at 629-631 Howard Street, Evanston to Ward Eight LLC. A two-thirds majority of City 30 of 401 Administration and Public Works Committee Meeting Minutes of 1-12-15 Page 8 of 8 Council is required to adopt Ordinance 1-O-15. Suspension of the Rules is requested for introduction and adoption by City Council on January 12, 2015. For Introduction and Action Ald. Rainey moved to suspend rules and take action to approve Ordinance 1-O-15, authorizing the City Manager to negotiate for the sale of City- owned Real Property located at 629-631 Howard Street, Evanston to Ward Eight LLC. A two-thirds majority of City Council is required to adopt Ordinance 1-O-15, Ald. Burrus seconded. The Committee voted unanimously 5-0 to suspend the rules and approve the ordinance. Citizen Comment Junad Rizki spoke about the Water Department’s Water Utility Report. IV. ITEMS FOR DISCUSSION (APW1)Newspaper Box Program For Discussion Senior Project Manager Rajeev Dahal presented information on the City’s new Newspaper Box Consolidation Program. He opened with pictures of the boxes, described how they work, and then described the rules and permit process. He noted the 1 year renewal for permits which allows the City to monitor vendors. He provided before and after photos and described the locations of the boxes and provided information on the number of publications serviced by each box. Mr. Dahal closed by describing next steps including locations for new boxes, a timeline for completing each project, and the budget for the project. VI. COMMUNICATIONS No communications to report. VII. ADJOURNMENT Ald. Burrus moved to adjourn, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 7:13p.m. Respectfully submitted, Jessica Wingader 31 of 401 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: January 22, 2015 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Continuing in 2015, 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 – December 29, 2014 through January 11, 2015 $2,853,768.41 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – January 27, 2015 FY: 2014 $1,150,586.73 General Fund Amount – Bills list $ 313,042.37 FY: 2015 $ 252,606.25 General Fund Amount – Bills list $ 56,443.97 General Fund Amount – Supplemental list $ 1,788.10 General Fund Total: $ 58,232.07 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 4,256,961.39 *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. Credit Card Activity – Period End November 30, 2012 $ 111,700.60 Attachments: Bills List Credit Card Transactions For City Council meeting of January 26, 2015 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 32 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 100 GENERAL FUND 100 GENERAL SUPPORT 10290 CITY OF EVANSTON - PETTY CASH PETTY CASH 175.34 13040 ILLINOIS PAPER COMPANY OFFICE PAPER 168.00 22777 ILLINOIS DEPT OF REVENUE *SALES TAX DECEMBER 202.00 22791 SAM'S CLUB DIRECT *SUPPLIES-FOOD 312.54 100 GENERAL SUPPORT Total 857.88 1400 CITY CLERK 62509 UNITED STATES POSTAL SERVICE-LOCK BOX *P.O. BOX 4007 LOCK BOX PAYMENT 1,112.00 1400 CITY CLERK Total 1,112.00 1505 CITY MANAGER 62210 ALLEGRA PRINT & IMAGING HOLIDAY CARDS 155.00 64540 AT & T MOBILITY *COMMUNICATION CHARGES 162.46 1505 CITY MANAGER Total 317.46 1510 PUBLIC INFORMATION 52181 AVI SYSTEMS, INC.PRO SUPPORT AGREEMENT 11.1.14-10.31.15 5,102.00 62205 QUARTET COPIES MAYOR'S FOOD/TOY DRIVE INFORMATION PACKET 1,205.00 62665 EVANSTON COMMUNITY TV VIDEOGRAPHY SERVICES FOR FIRE DEPARTMENT 250.00 1510 PUBLIC INFORMATION Total 6,557.00 1580 COMMUNITY ARTS 66040 CHANGING WORLDS *LARGE BUDDHA SCULPTURE 2,000.00 1580 COMMUNITY ARTS Total 2,000.00 1905 ADM.SERVICES- GENERAL SUPPORT 65095 OFFICE DEPOT OFFICE SUPPLIES 373.06 65095 OFFICE DEPOT OFFICE SUPPLIES-RETURNS -11.62 1905 ADM.SERVICES- GENERAL SUPPORT Total 361.44 1910 FINANCE DIVISION - REVENUE 52010 CARR, PETER REIMBURSEMENT-WHEEL TAX 75.00 52010 MADELYN DUCRE REIMBURSEMENT-WHEEL TAX 37.50 62431 DUNBAR ARMORED ARMORED CAR SERVICES - SECURITY BAGS (FY2014)67.68 62449 DUNCAN PARKING TECHNOLOGIES, INC.PARKING SERVICES: OPERATION 21,808.12 1910 FINANCE DIVISION - REVENUE Total 21,988.30 1920 FINANCE DIVISION - ACCOUNTING 62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 236.22 1920 FINANCE DIVISION - ACCOUNTING Total 236.22 1925 FINANCE DIVISION - PURCHASING 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E 12.12.14 1,102.50 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E 12.19.14 1,102.50 1925 FINANCE DIVISION - PURCHASING Total 2,205.00 1929 HUMAN RESOURCE DIVISION 62160 LASER ASSOC., STEPHEN A.PRE EMPLOYMENT TESTING POLICE 2,700.00 62512 GOVERNMENT JOBS dba NEOGOV RECRUITMENT SOFTWARE 13,266.00 1929 HUMAN RESOURCE DIVISION Total 15,966.00 1932 INFORMATION TECHNOLOGY DIVI. 62340 ACCELA, INC.PROFESSIONAL SERVICES 11,093.75 64505 AT & T COMMUNICATION CHARGES 190.29 64540 VERIZON WIRELESS COMMUNICATION CHARGES 1,292.34 65095 OFFICE DEPOT OFFICE SUPPLIES 1,383.76 65095 OFFICE DEPOT TONER 728.00 65555 DELL COMPUTER CORP.COMPUTER HARDWARE 3,496.88 65615 COMCAST CABLE COMMUNICATION CHARGES 288.07 1932 INFORMATION TECHNOLOGY DIVI. Total 18,473.09 1941 PARKING ENFORCEMENT & TICKETS 52505 EPLER, SUE LANGAN PARKING CITATION REFUND #700605017 40.00 62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM - DECEMBER 2014 (FY2014)2,400.00 1941 PARKING ENFORCEMENT & TICKETS Total 2,440.00 33 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 2126 BUILDING INSPECTION SERVICES 62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 245.00 62425 ELEVATOR INSPECTION SERVICE INSPECTIONS FOR REPAIR 26.00 62464 SAFEBUILT ILLINOIS BACKUP INSPECTIONS 1,407.39 65095 OFFICE DEPOT OFFICE SUPPLIES 528.17 65095 TEUTEBERG INC ELEVATOR INSPECTION 445.65 2126 BUILDING INSPECTION SERVICES Total 2,652.21 2128 EMERGENCY SOLUTIONS GRANT 67110 CONNECTIONS FOR THE HOMELESS 2014 ESG GRANT-NOVEMBER 7,480.97 67110 CONNECTIONS FOR THE HOMELESS 2014 ESG GRANT-OCTOBER 2,326.64 2128 EMERGENCY SOLUTIONS GRANT Total 9,807.61 2205 POLICE ADMINISTRATION 62245 EVANSTON CAR WASH & DETAIL CENTER CAR WASHES-EPD 175.98 62360 NELSON, KELLI VICTIM SERVICE ADVOCATE 5,172.07 62360 NORTHERN ILLINOIS POLICE ALARM SYSTEM LANGUAGE LINE 205.70 65125 EVANSTON FUNERAL & CREMATION BODY REMOVAL SERVICES 1,024.00 2205 POLICE ADMINISTRATION Total 6,577.75 2210 PATROL OPERATIONS 65020 J. G. UNIFORMS, INC UNIFORMS 2,591.00 65020 VCG UNIFORM UNIFORM-NEW RECRUIT 6,479.60 65020 VCG UNIFORM UNIFORMS-NEW RECRUIT 3,359.55 65020 ARTISTIC ENGRAVING START REPAIR 83.06 65070 FORWARD SPACE LLC D/B/A OFFICE OFFICE CHAIRS-SERGEANTS OFFICE 3,490.13 65085 ANI SAFETY & SUPPLY, INC.EMERGENCY RESPONSE KIT 94.20 65125 BEST TECHNOLOGY SYSTEMS, INC.RANGE CLEANING 782.50 65125 BROWNELLS, INC.GUN CLEANING SUPPLIES 62.86 2210 PATROL OPERATIONS Total 16,942.90 2215 CRIMINAL INVESTIGATION 65125 VERIZON WIRELESS SMS CONTENT 50.00 2215 CRIMINAL INVESTIGATION Total 50.00 2240 POLICE RECORDS 65095 ILLINOIS PAPER COMPANY PAPER 1,450.00 65095 OFFICE DEPOT OFFICE SUPPLIES-CERTIFICATES 55.93 65095 OFFICE DEPOT OFFICE SUPPLIES-DESK PADS 270.00 65095 OFFICE DEPOT OFFICE SUPPLIES-JACKET FOLDERS 181.87 2240 POLICE RECORDS Total 1,957.80 2250 SERVICE DESK 65050 GRAINGER, INC., W.W.FLUORESCENT LAMP 133.20 2250 SERVICE DESK Total 133.20 2251 311 CENTER 64505 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 64505 AT & T *311 SERVICE DEC 415.05 2251 311 CENTER Total 453.06 2255 OFFICE-PROFESSIONAL STANDARDS 61055 NET TRANSCRIPTS, INC.TRANSCRIPTION SERVICES 36.00 2255 OFFICE-PROFESSIONAL STANDARDS Total 36.00 2260 OFFICE OF ADMINISTRATION 62295 COOK COUNTY SHERIFF'S TRAINING INST.RECRUIT-TECHNOLOGY FEE-MANGAS 300.00 62295 CITY OF WAUKEGAN OFFICER TRAINING 2,386.95 62295 SNIDER, KIMBERLY MEAL ALLOWANCE-FTO CLASS 75.00 62295 MCCRAY, COREY MEAL ALLOWANCE-FBI CRISIS NEGOTIATOR 75.00 62295 PONTARELLI, SUSAN MEAL ALLOWANCE-FTO CLASS 60.00 62295 JODIE HART MEAL ALLOWANCE-FTO CLASS 75.00 2260 OFFICE OF ADMINISTRATION Total 2,971.95 2280 ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES-DECEMBER 2014 52.76 64015 NICOR UTILITIES-DECEMBER 2014 1,340.90 65085 MEDLINE INDUSTRIES PRISONER SLIPPERS 100.60 65125 CHALCRAFT, VALERIE CANINE BEHAVIOR EVALUATIONS 375.00 65125 MEREDITH RIVES VET SERVICES 70.21 2280 ANIMAL CONTROL Total 1,939.47 34 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 2305 FIRE MGT & SUPPORT 62270 HEALTH ENDEAVORS, S.C.MEDICAL EVALUATION 1,530.00 62315 FEDERAL EXPRESS CORP.SHIPPING CHARGES 27.65 64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.04 65070 HASTINGS AIR-ENERGY CONTROL EXHAUST REPAIR 238.95 65070 RADIO COMMUNICATIONS AND BEYOND RADIO ALERTING 400.00 2305 FIRE MGT & SUPPORT Total 2,348.64 2315 FIRE SUPPRESSION 53675 ANDRES MEDICAL BILLING NOVEMBER AMBULANCE BALANCES 6,267.96 62295 KIMBERLY K KULL REIMBURSEMENT-IFSI TRAINING 392.15 62295 SULLIVAN, BRENDAN REIMBURSEMENT-RIT UNDER FIRE 635.12 62295 BRIAN SCOTT REIMBURSEMENT-PARAMEDIC LICENSE 41.75 62295 UNIVERSITY OF ILLINOIS OFFICER TRAINING 300.00 62295 THOMAS P HOWARD REIMBURSEMENT-PARAMEDIC LICENSE 41.75 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY FIREFIGHTER TRAINING 1,245.00 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY OFFICER TRAINING 700.00 62295 GREGORY GRISH REIMBURSEMENT-PARAMEDIC LICENSE 41.75 62523 PHYSIO-CONTROL, INC.EMS SUPPLIES 452.40 62523 PRAXAIR DISTIBUTION INC EMS OXYGEN 474.11 65125 PRAXAIR DISTIBUTION INC EMS OXYGEN 587.01 2315 FIRE SUPPRESSION Total 11,179.00 2435 FOOD AND ENVIRONMENTAL HEALTH 62477 VERIZON WIRELESS COMMUNICATION CHARGES 86.11 64540 VERIZON WIRELESS COMMUNICATION CHARGES-CREDIT -37.88 2435 FOOD AND ENVIRONMENTAL HEALTH Total 48.23 2440 VITAL RECORDS 62490 ILLINOIS DEPARTMENT OF PUBLIC HEALTH DEATH CERTIFICATES 1,696.00 62540 IMAGING OFFICE SYSTEMS REPAIR OF MICRO FILM MACHINE 625.00 2440 VITAL RECORDS Total 2,321.00 2605 DIRECTOR OF PUBLIC WORKS 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 2605 DIRECTOR OF PUBLIC WORKS Total 38.01 2610 MUNICIPAL SERVICE CENTER 62440 RAYNOR DOOR COMPANY OVERHEAD DOOR MAINTENANCE 7,472.69 65020 SILK SCREEN EXPRESS, INC.AFSCME UNIFORM PURCHASE 223.50 65095 OFFICE DEPOT FY2014 OFFICE SUPPLIES 2.73 65095 OFFICE DEPOT OFFICE SUPPLIES 13.74 2610 MUNICIPAL SERVICE CENTER Total 7,712.66 2625 ENGINEERING 62210 FEDERAL EXPRESS CORP.OVERNIGHT SHIPPING 37.31 64545 DELL COMPUTER CORP.2 DELL PRECISION T1700 FOR ENG 6,234.80 2625 ENGINEERING Total 6,272.11 2640 TRAF. SIG. & ST. LIGHT. MAINT 64006 COMED UTILITIES 50,123.49 64007 COMED UTILITIES 16,220.08 64008 COMED UTILITIES 1,783.06 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 68,126.63 2655 PARKS & FORESTRY MAINT. & OPER. 62195 LANDSCAPE CONCEPTS MANAGEMENT HOWARD ST. STREETSCAPE LANDSCAPE MAINTENANCE 532.00 62195 LANDSCAPE CONCEPTS MANAGEMENT MAIN ST STREETSCAPE MAINTENANCE 518.00 62385 NELS J. JOHNSON TREE EXPERTS REMOVAL ELM TREE 1,660.00 65055 KOMPAN, INC.TABLE SUPPORT 181.16 65070 ALLEGRA PRINT & IMAGING GREETING CARDS 927.71 65070 ALLEGRA PRINT & IMAGING TREE CALENDAR 1,928.00 65070 RUSSO POWER EQUIPMENT MOWER PARTS 260.64 65070 RUSSO POWER EQUIPMENT REPLACEMENT ENGINE RETURN -139.99 65070 REINDERS, INC.MOWER PARTS 3,523.11 65070 REINDERS, INC.MOWER PARTS-RETURN -1,511.95 65070 REINDERS, INC.RIDING MOWER TIRE 134.87 65085 RUSSO POWER EQUIPMENT SPRAYER PARTS 16.77 2655 PARKS & FORESTRY MAINT. & OPER. Total 8,030.32 35 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 2665 STREETS AND SANITATION ADMINIS 62295 NORTHEASTERN IL PUBLIC SAFETY TRAINING 100.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 380.10 65625 DLT SOLUTIONS AUTOCAD ANNUAL SERVICE AGREEMENT 5,653.04 65625 DLT SOLUTIONS PURCHASE OF 4 ADDITIONAL AUTOCAD LICENSES 17,200.80 65625 PATTEN INDUSTRIES GENERATOR RENTAL FOR THE SERVICE CENTER 1,912.50 2665 STREETS AND SANITATION ADMINIS Total 25,246.44 2670 STREET AND ALLEY MAINTENANCE 62415 SHRED ALL RECYCLING SYSTEMS TIRE RECYCLING 545.19 62415 G & L CONTRACTORS, INC ASPHALT GRINDING COLLECTION AND DISPOSAL 1,790.00 62415 THELEN MATERIALS, LLC LEAF HAULING AND DISPOSAL 3,100.00 65115 ARTS & LETTERS LTD.HONORARY STREET NAMES 459.00 2670 STREET AND ALLEY MAINTENANCE Total 5,894.19 2677 FACILITIES 62225 ANDERSON PEST CONTROL PEST CONTROL 464.20 62225 MARK VEND COMPANY ALDERMANIC LIBRARY VENDING SERVICE 259.31 62225 DUSTCATCHERS, INC.FLOOR MAT SERVICE 189.00 65050 RAYNOR DOOR COMPANY OVERHEAD DOOR MAINTENANCE 1,664.33 65050 NOLAND SALES CORPORATION CARPET TITLES-NOYES CENTER 4,500.00 65625 FORWARD SPACE LLC OFFICE CHAIR FOR TOM TWIGG 594.95 2677 FACILITIES Total 7,671.79 2680 SNOW AND ICE CONTROL 65015 MORTON SALT FY2014 ROCK SALT 7,358.46 2680 SNOW AND ICE CONTROL Total 7,358.46 3015 COMM & MARKETING SERV 62205 DELL COMPUTER CORP.COMPUTER HARDWARE 551.45 65020 DELL COMPUTER CORP.COMPUTER HARDWARE 551.46 3015 COMM & MARKETING SERV Total 1,102.91 3020 REC GENERAL SUPPORT 65125 VERIZON WIRELESS COMMUNICATION CHARGES 418.11 3020 REC GENERAL SUPPORT Total 418.11 3025 PARK UTILITIES 64005 COMED UTILITIES 2,656.73 64015 NICOR UTILITIES 805.08 3025 PARK UTILITIES Total 3,461.81 3030 CROWN COMMUNITY CENTER 65025 SAM'S CLUB DIRECT *SUPPLIES-CLASSROOM SUPPLIES 8.98 65025 SAM'S CLUB DIRECT *SUPPLIES-FOOD 119.93 65110 SAM'S CLUB DIRECT *SUPPLIES-CLASSROOM SUPPLIES 47.92 3030 CROWN COMMUNITY CENTER Total 176.83 3035 CHANDLER COMMUNITY CENTER 62505 DIANA UNGER FENCING INSTRUCTION 833.00 62505 3 POINT ATHLETICS YOUTH BASKETBALL INSTRUCTION 1,781.25 62507 CLASSIC BOWL FIELD TRIP 80.00 62507 NICKEL CITY FIELD TRIP 90.00 62507 SKY HIGH SPORTS FIELD TRIP 40.00 62507 PUTTING EDGE FIELD TRIP 97.50 62507 LASER QUEST FIELD TRIP 64.00 62507 PUMP IT UP GLENVIEW FIELD TRIP 150.00 3035 CHANDLER COMMUNITY CENTER Total 3,135.75 3040 FLEETWOOD JOURDAIN COM CT 62225 STA-KLEEN INC.STOVE MAINTENANCE 39.00 65025 SAM'S CLUB DIRECT *SUPPLIES-FOOD 595.69 65110 CINTAS CORPORATION #769 MAT CLEANING SERVICE 163.04 65110 WILL ENTERPRISES CAMP T-SHIRTS 880.00 3040 FLEETWOOD JOURDAIN COM CT Total 1,677.73 3045 FLEETWOOD/JOURDAIN THEATR 62511 MUSE OF FIRE THEATRE COMPANY SHAKESPEARE IN THE PARK 450.00 65095 ILLINOIS PAPER COMPANY OFFICE PAPER 130.40 3045 FLEETWOOD/JOURDAIN THEATR Total 580.40 36 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 3050 RECREATION OUTREACH PROGRAM 62505 GILLESPIE, WILL AQUARIUM SERVICING AND MAINTENANCE 230.00 62511 MUSE OF FIRE THEATRE COMPANY SHAKESPEARE IN THE PARK 450.00 3050 RECREATION OUTREACH PROGRAM Total 680.00 3055 LEVY CENTER SENIOR SERVICES 56045 ILLINOIS DEPT OF REVENUE *SALES TAX DECEMBER 61.00 62505 CONNELLY'S ACADEMY TAE KWON DO INSTRUCTION 3,700.80 62509 DIRECT FITNESS SOLUTIONS PREVENTATIVE MAINTENANCE 510.00 62511 COMCAST CABLE COMMUNICATION CHARGES 134.08 62695 BEST TAXI SALES TAX 3,720.00 62695 303 TAXI REIMBURSEMENT 9,168.00 62695 AMERICAN CHARGE SERVICE FIELD TRIP 162.00 62695 METRO CABS 1 LLC TAXI COUPON REIMBURSEMENT 78.00 62695 METRO CABS 1 LLC TAXI COUPON REIMBURSEMENT 126.00 65025 SAM'S CLUB DIRECT *SUPPLIES-FOOD 82.19 65025 CATHOLIC CHARITIES OF CHICAGO CONGREGATE MEAL PROGRAM 2,558.75 65050 HENRICHSEN FIRE & SAFETY FIRE EXTINGUISHERS SERVICE 45.00 65050 LAPORT INC JANITORIAL SUPPLIES 911.39 65050 LENCO FLOORING SCREEN AND REFINISH GYM FLOOR 1,475.00 65095 ILLINOIS PAPER COMPANY OFFICE PAPER 434.20 65110 SAM'S CLUB DIRECT *SUPPLIES-FOOD 52.62 3055 LEVY CENTER SENIOR SERVICES Total 23,219.03 3080 BEACHES 64015 NICOR UTILITIES 292.36 3080 BEACHES Total 292.36 3110 TENNIS 62375 EVANSTON TOWNSHIP 2014 INDOOR TENNIS COURT RENTAL 4,335.00 62505 E-TOWN TENNIS TENNIS INSTRUCTION 3,470.60 3110 TENNIS Total 7,805.60 3130 SPECIAL RECREATION 65025 SAM'S CLUB DIRECT *SUPPLIES-CLASSROOM SUPPLIES 36.92 65025 SAM'S CLUB DIRECT *SUPPLIES-FOOD 64.62 65025 SAM'S CLUB DIRECT *SUPPLIES-RETURN -5.20 3130 SPECIAL RECREATION Total 96.34 3605 ECOLOGY CENTER 56045 ILLINOIS DEPT OF REVENUE *SALES TAX DECEMBER 52.00 62490 PRINCE CORPORATION BIRDSEED FOR RESALE BLANKET PO 2014 517.75 65095 OFFICE DEPOT OFFICE SUPPLIES 367.55 3605 ECOLOGY CENTER Total 937.30 3710 NOYES CULTURAL ARTS CENTER 65050 LAPORT INC JANITORIAL SUPPLIES 221.40 3710 NOYES CULTURAL ARTS CENTER Total 221.40 3720 CULTURAL ARTS PROGRAMS 62507 POSITIVE CONNECTIONS, INC.FIELD TRIP 902.00 65095 OFFICE DEPOT OFFICE SUPPLIES 50.98 3720 CULTURAL ARTS PROGRAMS Total 952.98 100 GENERAL FUND Total 313,042.37 368,903.01 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 64505 AT & T COMMUNICATION CHARGES 5,500.00 64505 AT & T UTILITIES 477.57 64540 VERIZON WIRELESS UTILITIES 3,039.53 65085 MOTOROLA SOLUTIONS, INC.ANTENNA/REMOTE SPEAKER 1,492.61 5150 EMERGENCY TELEPHONE SYSTM Total 10,509.71 205 EMERGENCY TELEPHONE (E911) FUND Total 10,509.71 37 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 215 CDBG FUND 5170 PUBLIC IMPROVEMENTS 62795 SCHROEDER & SCHROEDER INC PITNER/DEMPSTER SIDEWALK PROJECT BID #14-54 14,834.60 5170 PUBLIC IMPROVEMENTS Total 14,834.60 5203 HANDYMAN 63095 GOSS & ASSOCIATES, INC.HANDY MAN PROGRAM 1,432.50 5203 HANDYMAN Total 1,432.50 215 CDBG FUND Total 16,267.10 220 CDBG LOAN 5280 CD LOAN 65535 GOSS & ASSOCIATES, INC.REHAB PROGRAM 1428 DOBSON 4,249.00 5280 CD LOAN Total 4,249.00 5285 MULTI FAM REHAB PROGRAM 65535 VALUE REMODELING INC REHAB WORK 1823-31 BRUMMEL 21,050.00 5285 MULTI FAM REHAB PROGRAM Total 21,050.00 220 CDBG LOAN Total 25,299.00 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62490 KANE, MCKENNA AND ASSOCIATES, INC.PREVIOUS BALANCE 437.50 62659 NOW WE'RE COOKING *GRANT AGREEMENT 9,600.00 62660 P. S. IT'S SOCIAL D/B/A CURT'S CAFE GRANT PAYMENT FOR STUDENTS 432.81 65522 B2B SOLUTIONS, LLC CONSULTING SERVICES 8,688.37 5300 ECON. DEVELOPMENT FUND Total 19,158.68 225 ECONOMIC DEVELOPMENT FUND Total 19,158.68 240 HOME FUND 5430 HOME FUND 65535 CONNECTIONS FOR THE HOMELESS 2014 TBRA PROGRAM-DECEMBER 43,326.81 65535 CONNECTIONS FOR THE HOMELESS 2014 TBRA PROGRAM-NOVEMBER 4,424.74 5430 HOME FUND Total 47,751.55 240 HOME FUND Total 47,751.55 300 WASHINGTON NATIONAL TIF FUND 5476 CAPITAL PROJECT-WASHINGTON TIF 62216 KRIVANEK & BREAUX/ART & DESIGN, LLC PUBLIC ART FOR WASHINGTON-NATIONAL TIF 35,000.00 5476 CAPITAL PROJECT-WASHINGTON TIF Total 35,000.00 300 WASHINGTON NATIONAL TIF FUND Total 35,000.00 335 WEST EVANSTON TIF FUND 5860 HOWARD RIDGE TIF 62605 IRMCO REIMBURSEMENT-IRMCO FUNDS 63,000.00 5860 HOWARD RIDGE TIF Total 63,000.00 335 WEST EVANSTON TIF FUND Total 63,000.00 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 416127 62145 SMITHGROUPJJR, INC.RFP 14-37, CHURCH STREET BOAT RAMP 7,904.36 415924 62145 INFRASTRUCTURE ENGINEERING, INC ENGINEERING SERVICES-CENTRAL ST PROJECT 11,105.68 416455 62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 52.32 415414 65502 CLAUSS BROTHERS, INC.ARRINGTON LAKEFRONT LAGOON CONSTRUCTION 157,401.30 416458 65510 FITNESS EXPERTS, LLC FITNESS EQUIPMENT FOR FLEETWOOD-JOURDAIN 16,699.34 416448 65515 DOME CORPORATION OF NORTH AMERICA SALT DOME REPLACEMENT BID 14-18 33,720.00 415857 65515 GSG MATERIAL TESTING CONCRETE COMPRESSIVE STRENGTH TEST 2,370.00 415175 65515 NOLAND SALES CORPORATION CARPET TILES-CIVIC CENTER 8,175.00 38 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 416438 65515 LANDSCAPE FORMS DAVIS STREET STREETSCAPE FURNITURE 28,053.30 416437 65515 TWIN SUPPLIES, LTD PURCHASE OF PEDESTRIAN LIGHTING 16,290.00 4150 CAPITAL PROJECTS Total 281,771.30 415 CAPITAL IMPROVEMENTS FUND Total 281,771.30 420 SPECIAL ASSESSMENT FUND 6145 SPECIAL ASSESSMENT 1395 57065 LANDSCAPE FORMS DAVIS STREET STREETSCAPE FURNITURE 2,376.70 57065 LANDSCAPE FORMS STREETSCAPE FURNITURE 21,470.00 6145 SPECIAL ASSESSMENT 1395 Total 23,846.70 420 SPECIAL ASSESSMENT FUND Total 23,846.70 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 68205 VERIZON WIRELESS COMMUNICATION CHARGES 76.30 7005 PARKING SYSTEM MGT Total 76.30 7025 CHURCH STREET GARAGE 700506 62509 DATAPARK USA, INC.*SERVER REPLACEMENT 3,894.52 7025 CHURCH STREET GARAGE Total 3,894.52 7036 SHERMAN GARAGE 62509 DATAPARK USA, INC.MISC. REPAIRS/SERVICE - APRIL 2014 (FY2014)694.30 700506 62509 DATAPARK USA, INC.*SERVER REPLACEMENT 6,338.55 64505 AT & T COMMUNICATION CHARGES 132.64 7036 SHERMAN GARAGE Total 7,165.49 7037 MAPLE GARAGE 700506 62509 DATAPARK USA, INC.*SERVER REPLACEMENT 6,338.55 64015 NICOR UTILITIES 86.03 68205 DATAPARK USA, INC.MISC. REPAIRS/SERVICE - APRIL 2014 (FY2014)12.80 7037 MAPLE GARAGE Total 6,437.38 505 PARKING SYSTEM FUND Total 17,573.69 510 WATER FUND 7100 WATER GENERAL SUPPORT 56140 ILLINOIS DEPT OF REVENUE *SALES TAX DECEMBER 362.00 62210 ALLEGRA PRINT & IMAGING 1 LOT OF 500 BUSINESS CARDS FOR TIM GRAY 39.00 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY SNOWPLOW DRIVER TRAINING 195.00 62315 FEDERAL EXPRESS CORP.OVERNIGHT SHIPPING 14.84 415100 62463 THE GARLAND COMPANY, INC.ROOF PREVENTATIVE MAINTENANCE 2ND YR. CONTRACT 3,324.00 64505 BYTRONICS, INC., BASIN TECH CENTRE MONTHLY SUPPORT FOR DIGTRACK TICKETS 100.00 65095 OFFICE DEPOT OFFICE SUPPLIES 243.02 7100 WATER GENERAL SUPPORT Total 4,277.86 7105 PUMPING 64005 COMED UTILITIES 80.73 64015 NICOR UTILITIES 212.28 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65035 KELLER HEARTT CO, INC.OILS AND LUBRICANTS 2,164.72 7105 PUMPING Total 2,533.75 7110 FILTRATION 62465 EUROFINS EATON ANALYTICAL 2014 LABORATORY TESTING 192.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE 2,920.00 65035 KELLER HEARTT CO, INC.OILS AND LUBRICANTS 2,168.43 65070 RUSSO POWER EQUIPMENT TORO POWER BRUSH 208CC KOH 36" 38700 3,994.99 65070 FONDRIEST ENVIRONMENTAL, INC SIGMA SD900 COMPACT PORTABLE BUNDLE CONTAINER 3,194.32 65075 VWR SCIENTIFIC PRODUCTS PALL MEMBRANE FILTERS GN-6 2,621.25 7110 FILTRATION Total 15,167.01 39 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 7115 DISTRIBUTION 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 7115 DISTRIBUTION Total 76.02 7120 WATER METER MAINTENANCE 62245 M.E. SIMPSON COMPANY INC LARGE METER TESTING 2,300.00 64540 VERIZON WIRELESS WIRELESS CHARGE 107.56 7120 WATER METER MAINTENANCE Total 2,407.56 7125 OTHER OPERATIONS 62180 PETERSON APPRAISAL GROUP, LTD.PROPERTY APPRAISAL - UTILITIES DEPT. PROPERTY 4,500.00 62315 INFOSEND, INC.ANNUAL COST OF WATER BILLING 4,581.60 65080 MID AMERICAN WATER OF WAUCONDA TAPPING SADDLES 1,735.83 7125 OTHER OPERATIONS Total 10,817.43 7130 WATER CAPITAL OUTLAY 65702 GREELEY AND HANSEN ELECTRICAL SAFETY PROGRAM AND TRAINING 9,950.00 65702 MID AMERICAN WATER OF WAUCONDA VALMATIC 24" FLANGE BUTTERFLY VALVE 6,604.00 65702 ROSEMOUNT INC NEW TRANSMITTERS AND MANIFOLDS 7,712.18 7130 WATER CAPITAL OUTLAY Total 24,266.18 510 WATER FUND Total 59,545.81 513 WATER DEPT IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 733092 62145 TANK INDUSTRY CONSULTANTS ENGR SVCS STANDPIPE PAINTING (RFP 13-61)996.50 733122 65515 DAHME MECHANICAL INDUSTRIES, INC.CHLORINE FEED SYSTEM IMPROVEMENTS 27,702.90 65515 MIDWEST SURVEILLANCE SECURITY CAMERA EQUIPMENT 19,482.00 7330 WATER FUND DEP, IMP, EXT Total 48,181.40 513 WATER DEPR IMPRV & EXTENSION FUND Total 48,181.40 515 SEWER FUND 7400 SEWER MAINTENANCE 62315 INFOSEND, INC.ANNUAL COST OF WATER BILLING 1,890.12 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7400 SEWER MAINTENANCE Total 1,928.13 515 SEWER FUND Total 1,928.13 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 56155 ILLINOIS DEPT OF REVENUE *SALES TAX DECEMBER 44.00 62390 LAKESHORE WASTE SERVICES, LLC FY2014 CONDO REFUSE COLLECTION 32,179.84 7685 REFUSE COLLECT & DISPOSAL Total 32,223.84 7690 RESIDENTIAL RECYCLING COL 62415 GROOT RECYCLING & WASTE SERVICES GLENVIEW TRANSFER STATION TIPPING FEES 111.50 64005 COMED UTILITIES 553.12 7690 RESIDENTIAL RECYCLING COL Total 664.62 520 SOLID WASTE FUND Total 32,888.46 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY TRAINING 100.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7705 GENERAL SUPPORT Total 138.01 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 449.24 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 417.56 65035 CITY WELDING SALES & SERVICE INC.WELDING GASSES 103.50 65035 CITY WELDING SALES & SERVICE INC.WELDING GASSES 86.12 65035 WARREN'S SHELL SERVICE PREMIUM FUEL MOTORCYCLES 125.66 65035 PALATINE OIL COMPANY, INC 6,476 GALLONS BIO DIESEL 14,018.54 40 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 65035 PALATINE OIL COMPANY, INC 8000 GALLONS UNLEADED 13,129.68 65060 CUMBERLAND SERVICENTER #712 GAUGES 159.62 65060 CUMBERLAND SERVICENTER 712 WIPER SWITCHES 586.46 65060 CUMBERLAND SERVICENTER RETURNED PARTS -55.91 65060 CUMBERLAND SERVICENTER SEAT BELT ASSY #712 195.67 65060 CUMBERLAND SERVICENTER TURBO #721 942.01 65060 CUMBERLAND SERVICENTER VALVE TREADLE (BRAKE)464.74 65060 DOUGLAS TRUCK PARTS FUEL FILTERS 267.47 65060 DUECO, INC.INSPECTIONS FOR REPAIR 405.00 65060 DUECO, INC.REPAIRS TO #577 1,650.21 65060 DUECO, INC.TRUCK #577 REPAIRS 588.00 65060 FLINK COMPANY SPREADER VALVE 432.76 65060 GROVER WELDING COMPANY TRUCK #551 REPAIR 578.85 65060 GROVER WELDING COMPANY TRUCK #722 REPAIR 636.67 65060 GROVER WELDING COMPANY WELD REPAIRS #910 1,848.59 65060 GROVER WELDING COMPANY WELD REPAIRS TO #546 2,700.00 65060 HAVEY COMMUNICATIONS INC.#13 CARSET UP 845.00 65060 HAVEY COMMUNICATIONS INC.#301 UPFITTING FIRE CHIEFS VEHICLE 2,001.92 65060 INTERSTATE BATTERY 6 BATTERY PURCHASES 528.96 65060 LEACH ENTERPRISES, INC.55 GAL DR. WASHER FLUID 109.00 65060 LEACH ENTERPRISES, INC.AIR BRAKE VALVE 55.18 65060 LEACH ENTERPRISES, INC.DESICCANT CARTRIDGE PUREST 125.11 65060 LEACH ENTERPRISES, INC.OVAL LIGHT BOX 107.36 65060 LEACH ENTERPRISES, INC.RUBBER WHEEL CHOCK 51.72 65060 MONROE TRUCK EQUIPMENT 2 PLOW WHEEL ASSEMBLIES 3,183.24 65060 MONROE TRUCK EQUIPMENT HYDRAULIC MOTOR 668.99 65060 NORTH SHORE TOWING #69 TIRE CHANGE X2 150.00 65060 NORTH SHORE TOWING #712 TOW TO FLEET GARAGE 350.00 65060 NORTH SHORE TOWING CAR # 449 TOW & HOOK 217.50 65060 NORTH SHORE TOWING CAR # 45 TOW TO CHEVY 125.00 65060 NORTH SHORE TOWING CAR #29 TIRE CHANGE 75.00 65060 NORTH SHORE TOWING CAR #449 TOW & HOOK 435.00 65060 NORTH SHORE TOWING CAR #704 TOW TO CUMBERLAND 612.50 65060 NORTHWEST TRUCKS INC AIR DRYER CARTRIDGE 106.90 65060 NORTHWEST TRUCKS INC AIR GOVERN 148.84 65060 NORTHWEST TRUCKS INC RETURNED PARTS -133.58 65060 RACK'M UP DISTRIBUTORS, INC.TRUCK LIFT REPAIRS 1,853.05 65060 REGIONAL TRUCK EQUIPMENT COMPANY 2 SPINNER MOTORS 748.22 65060 RUSSO POWER EQUIPMENT #608 CABLE, ENGINE THROTTLE 47.67 65060 RUSSO POWER EQUIPMENT FUEL FILTER #608 73.16 65060 SPRING ALIGN SPRING REPAIRS ON #613 1,428.94 65060 STANDARD EQUIPMENT COMPANY 10' RUBBER HOSE 927.21 65060 STANDARD EQUIPMENT COMPANY CAN-LIFT ACTUATOR 2,045.33 65060 SKF LUBRICATION SYSTEMS USA TUBING FITTINGS 1,026.17 65060 WHOLESALE DIRECT INC TUBE, STROBE 67.27 65060 WEST SIDE EXCHANGE #659 ALTERNATOR BRACKET 1,053.91 65060 WEST SIDE EXCHANGE #680 ELBOW 68.30 65060 WEST SIDE EXCHANGE #680 TURBOCHARGER 1,514.73 65060 WEST SIDE EXCHANGE FITTINGS 11.96 65060 WEST SIDE EXCHANGE RETURNED PARTS -111.96 65060 HERITAGE CRYSTAL CLEAN ANTIFREEZE 739.10 65060 GLOBAL EMERGENCY PRODUCTS, INC.#3 SEAT BELT 109.30 65060 GLOBAL EMERGENCY PRODUCTS, INC.#312 SEAT BELT 191.26 65060 GLOBAL EMERGENCY PRODUCTS, INC.#312 TILLER REPAIR 3,238.14 65060 GLOBAL EMERGENCY PRODUCTS, INC.#324 COMP REPAIRS 4,582.43 65060 GLOBAL EMERGENCY PRODUCTS, INC.CAP RADIATOR 83.36 65060 SPEX HAND WASH 15 CAR WASHES 1,712.50 65060 SPEX HAND WASH CAR WASHES 184.00 65060 TRIANGLE SERVICE, INC.#712 AIR COOLER REPAIR 165.00 65060 A & A TRANSMISSION CORP.FUEL PUMP REPLACEMENT #2006 782.75 65060 CARQUEST EVANSTON #137 PADS 43.88 65060 CARQUEST EVANSTON #324 BELT 45.20 65060 CARQUEST EVANSTON #324 BELTS 91.72 65060 CARQUEST EVANSTON AIR FILTER 167.22 65060 CARQUEST EVANSTON BRAKE LIGHT SWITCH 12.45 65060 CARQUEST EVANSTON BULBS 11.00 65060 CARQUEST EVANSTON COOLANT FILTER 28.50 65060 CARQUEST EVANSTON FUEL FILTER 17.10 65060 CARQUEST EVANSTON H11 BULB 20.98 65060 CARQUEST EVANSTON HYDRAULIC FITTINGS 205.14 65060 CARQUEST EVANSTON LAMP LENS 25.52 41 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 65060 CARQUEST EVANSTON MICRO-V BELT 102.93 65060 CARQUEST EVANSTON OIL FILTER 49.35 65060 CARQUEST EVANSTON RADIATOR CAP -7.91 65060 CARQUEST EVANSTON RATCHET STRAPS 57.00 65060 CARQUEST EVANSTON RETURNED PARTS -119.78 65060 CARQUEST EVANSTON SWAY BAR FRAME BUSH 36.48 65060 GOLF MILL FORD #527 BRAKES 578.54 65060 GOLF MILL FORD #53 CONTROL ARMS 867.98 65060 GOLF MILL FORD #56 REAR PADS 129.22 65060 GOLF MILL FORD #57 D/S MARKER LIGHT ASSY 30.88 65060 GOLF MILL FORD #571 TIE ROD ENDS 514.41 65060 GOLF MILL FORD LIGHT JEWELS 69.84 65060 ORLANDO AUTO TOP #323 BENCH SEAT REBUILD 165.00 65060 ORLANDO AUTO TOP REPAIR PARTS 275.00 65060 LINDCO EQUIPMENT SALES, INC.#628 TAILGATE REPAIRS 262.18 65060 CHICAGO PARTS & SOUND, LLC #56 BRAKE JOB 530.36 65060 CHICAGO PARTS & SOUND, LLC ALTERNATOR 479.43 65060 CHICAGO PARTS & SOUND, LLC ALTERNATOR ASY 431.73 65060 CHICAGO PARTS & SOUND, LLC BRAKE PARTS 494.57 65060 CHICAGO PARTS & SOUND, LLC FUEL PUMP 340.28 65060 CHICAGO PARTS & SOUND, LLC RETURNED PARTS -225.00 65060 APC STORES, INC., DBA BUMPER TO BUMPER #324 RADIATOR CAP 4.49 65060 APC STORES, INC., DBA BUMPER TO BUMPER 30MM DEEP SOCKET 44.38 65060 APC STORES, INC., DBA BUMPER TO BUMPER COOLER LINE 104.97 65060 APC STORES, INC., DBA BUMPER TO BUMPER LED MARK CLEARAN 50.16 65060 APC STORES, INC., DBA BUMPER TO BUMPER REPL LENS 20.34 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #623 ABS SENSOR 256.04 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #623 EXT. EMISSIONS SENSORS 121.87 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC 10 FILTERS 464.06 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC BLOWER MOTOR RESISTOR 164.08 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC BRAKE CHAMBER 107.07 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC FRONT FENDER #717 571.69 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC OIL FILTERS 295.38 65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASES 601.99 65065 WENTWORTH TIRE SERVICE TIRES #323 252.90 65085 MCMASTER CARR CASTER WHEELS 20.89 7710 MAJOR MAINTENANCE Total 80,847.39 600 FLEET SERVICES FUND Total 80,985.40 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 65550 HAVEY COMMUNICATIONS INC.#13 CARSET UP 845.00 65550 HAVEY COMMUNICATIONS INC.#301 UPFITTING FIRE CHIEFS VEHICLE 2,001.93 65550 CURRIE MOTORS VEHICLE REPLACEMENTS #514 65,412.00 7780 VEHICLE REPLACEMENTS Total 68,258.93 601 EQUIPMENT REPLACEMENT FUND Total 68,258.93 605 INSURANCE FUND 7800 RISK MANAGEMENT 62310 WELLNESS REVOLUTION INJURY PREVENTION TRAINING PROGRAM 1,200.00 7800 RISK MANAGEMENT Total 1,200.00 605 INSURANCE FUND Total 1,200.00 700 FIRE PENSION FUND 8000 FIREFIGHTERS PENSION 61755 BURKE, BURNS & PINELLI, LTD.*LEGAL FEES 4,378.50 8000 FIREFIGHTERS PENSION Total 4,378.50 700 FIRE PENSION FUND Total 4,378.50 Grand Total 1,150,586.73 42 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2014 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT 0.00 Grand Total 1,150,586.73 DATE PREPARED BY APPROVED BY DATE 43 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2015100 GENERAL FUND 100 GENERAL SUPPORT 21650 NATIONAL GUARDIAN LIFE NGL INSURANCE MONTHLY PAYMENT 339.39 100 GENERAL SUPPORT 339.39 1400 CITY CLERK 62360 MUNICIPAL CLERKS OF ILLINOIS MUNICIPAL CLERKS IL DUES 290.00 62360 MUNICIPAL CLERKS' ASSC. MUNICIPAL CLERKS ASSOC. DUES 60.00 1400 CITY CLERK Total 350.00 1510 PUBLIC INFORMATION 62665 EVANSTON COMMUNITY TV VIDEOGRAPHY SERVICES FOR CITY COUNCIL 9,987.00 1510 PUBLIC INFORMATION Total 9,987.00 1580 COMMUNITY ARTS 66040 ON TRACK FULFILLMENT INC.POSTCARDS 140.00 1580 COMMUNITY ARTS Total 140.00 1910 FINANCE DIVISION - REVENUE 52010 AWSUMB, DREW WHEEL TAX REFUND - VEHICLE DONATED 75.00 52010 STITLEY, JEFF WHEEL TAX PAID TWICE 75.00 62449 IL. SECRETARY OF STATE, VEHICLE SUSPENDED LICENSE FEE 150.00 64541 AZAVAR TECHNOLOGIES UTILITY TAX AUDITS 51.92 1910 FINANCE DIVISION - REVENUE Total 351.92 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICE 3,602.95 62185 ACCOUNTEMPS COLLECTIONS COORD 2,354.21 1920 FINANCE DIVISION - ACCOUNTING Total 5,957.16 1929 HUMAN RESOURCE DIVISION 62512 TRANS UNION CORP BACKGROUND CHECKS 55.00 62630 SEDGWICK, INC.UNEMPLOYMENT ADMIN. SERVICES FEES 1,400.00 1929 HUMAN RESOURCE DIVISION Total 1,455.00 1932 INFORMATION TECHNOLOGY DIVI. 62340 VERMONT SYSTEMS INC WEB TRAC ACTIVITY 7,910.40 65615 A & R SHARED SERVICE CENTER COMMUNICATION CHARGES 1,166.66 1932 INFORMATION TECHNOLOGY DIVI. Total 9,077.06 1941 PARKING ENFORCEMENT & TICKETS 52505 AMERICAN TRAFFICE SOLUTIONS CITATION REFUND #22608036 55.00 1941 PARKING ENFORCEMENT & TICKETS Total 55.00 2205 POLICE ADMINISTRATION 65085 RESTORE CONSTRUCTION INC.BOARD-UP SERVICES 271.00 2205 POLICE ADMINISTRATION Total 271.00 2210 PATROL OPERATIONS 65020 VCG UNIFORM UNIFORMS 102.50 2210 PATROL OPERATIONS Total 102.50 2215 CRIMINAL INVESTIGATION 65085 GEOFEEDIA 2015 SUBSCRIPTION 4,500.00 2215 CRIMINAL INVESTIGATION Total 4,500.00 44 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY20152250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 181.00 2250 SERVICE DESK Total 181.00 2260 OFFICE OF ADMINISTRATION 62295 CRISIS ASSOCIATES LLC TRAINING 1,752.00 2260 OFFICE OF ADMINISTRATION Total 1,752.00 2280 ANIMAL CONTROL 65125 COOK COUNTY RABIES CONTROL 1 YEAR RABIES TAGS 300.00 65125 PETSMART KITTY LITTER 97.50 2280 ANIMAL CONTROL Total 397.50 2305 FIRE MGT & SUPPORT 62360 VILLAGE OF SKOKIE SKOKIE TRAINING TOWER 15,913.50 2305 FIRE MGT & SUPPORT Total 15,913.50 2315 FIRE SUPPRESSION 62605 MABAS DIVISION III MABAS DUES 2015 5,000.00 2315 FIRE SUPPRESSION Total 5,000.00 2435 FOOD AND ENVIRONMENTAL HEALTH 53190 GM KEMPS CHICAGO REFUND 2015 FOOD LICENSE 50.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 50.00 2610 MUNICIPAL SERVICE CENTER 62225 SMITHEREEN PEST MANAGEMENT RODENT CONTROL 93.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID MAINTENACE AND SERVICE 72.71 2610 MUNICIPAL SERVICE CENTER Total 165.71 2655 PARKS & FORESTRY MAINT. & OPER. 65085 RUSSO POWER EQUIPMENT SNOWBLOWER PARTS 157.34 2655 PARKS & FORESTRY MAINT. & OPER. Total 157.34 2677 FACILITIES 65050 MIDWEST TIME RECORDER TIME CLOCK MAINTENANCE 136.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID MAINTENANCE AND SERVICE 104.89 2677 FACILITIES Total 240.89 100 GENERAL FUND Total 56,443.97 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62295 POWER PHONE INC EMD COURSE 319.00 5150 EMERGENCY TELEPHONE SYSTM Total 319.00 205 EMERGENCY TELEPHONE (E911) FUND Total 319.00 320 DEBT SERVICE FUND 5706 2006B BONDS 62350 WELLS FARGO BANK G.O. SERIES 2006B 250.00 5706 2006B BONDS Total 250.00 320 DEBT SERVICE FUND Total 250.00 45 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY2015330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 VON MEDVEY MANAGEMENT, LLC MONTHLY RENT FOR OUTPOST 2,000.00 5860 HOWARD RIDGE TIF Total 2,000.00 330 HOWARD-RIDGE TIF FUND Total 2,000.00 505 PARKING SYSTEM FUND 7037 MAPLE GARAGE 62509 TYCO INTEGRATED SECURITY LLC QUARTERKY FIRE ALARM SERVICE 165.00 7037 MAPLE GARAGE Total 165.00 505 PARKING SYSTEM FUND Total 165.00 510 WATER FUND 7100 WATER GENERAL SUPPORT 62210 EVANSTON BLUE PRINT CO., INC.BID BOOKS FOR THE NORTH & SOUTH STANDPIPE 111.18 7100 WATER GENERAL SUPPORT Total 111.18 510 WATER FUND Total 111.18 605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 66054 SENIORS CHOICE SENIOR CHOICE-MONTHLY INVOICE 2,255.43 7801 EMPLOYEE BENEFITS Total 2,255.43 605 INSURANCE FUND Total 2,255.43 Grand Total 61,544.58 46 of 401 CITY OF EVANSTON BILLS LIST PERIOD ENDING 01/27/2015 FY 2015 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 100.21705 VARIOUS RECTRAC REFUNDS 1,788.10 1,788.10 INSURANCE VARIOUS VARIOUS WORKERS COMP 21,793.92 VARIOUS VARIOUS CASUALTY LOSS 130,955.89 VARIOUS VARIOUS WORKERS COMP 19,904.15 VARIOUS VARIOUS WORKERS COMP 16,619.61 189,273.57 191,061.67 Grand Total 252,606.25 DATE PREPARED BY APPROVED BY DATE 47 of 401 For City Council meeting of January 26, 2015 Item A3.1 Business of the City by Motion: Accela Maintenance & Support Renewal For Action Memorandum To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Jose Calderon, IT Division Manager Subject: Renewal of Annual Accela (PAL) Maintenance and Support Agreement Date: January 7, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to renew the existing sole source agreement with Accela Inc. (2633 Camino Ramon, San Ramon, California), year 9 of the City’s 10 year contract in the amount of $128,362.82. Year 8 (Commencing in 2014) $128,000.00 Year 9 (Commencing in 2015) $128,362.82 Year 10 (Commencing in 2016) $128,362.82 This software provides support for City licensing and permitting activities in several departments. This renewal agreement will cover the period of March 15, 2015 through March 14, 2016. Funding Source: Funding is provided from the Computer Licensing and Support operating account in the Information Technology Division. Account: 100.19.1932.62340 – 2015 Budget $138,850. Summary: Accela Inc. provides city-wide support services for the City’s permitting and licensing software. This software facilitates the capture of data related to permits and licenses, as well as tracking of activities related to permits and licenses across multiple departments. Building and Health Inspectors in the field record results in real-time. 48 of 401 Staff is able to get a comprehensive view of activity related to a specific property and can flag properties or generate alerts based on outstanding violations and stop-work orders. This is a sole source request because the only option for continual comprehensive maintenance and support of the PAL application is Accela Inc. as it is the developer and distributor of the software. There are no other independent third- party businesses that maintain Accela software. History: The City is entering into year nine of a ten year agreement with Accela to provide licensing, maintenance and support for this software. Original contract capped increases between years 8 through 10 at 6%. Staff has negotiated .005% maximum increases for years 9 and 10 of the contract. Alternatives: Currently, there are no practical alternatives to this renewal. ------------------------------------------------------------------------------------- Attachment Accela Invoice 49 of 401 EVANSTON,IL JOHN YEZZA Quantity Net 30 Ext. Price Evanston, IL - City of 1 MR054254 Evanston, IL - City of 12/26/2014 Purchase Order No.Customer ID Salesperson ID Contract No.Payment Terms Item Number Description DiscountUnit Price Ship To:Bill To: Invoice# Date Page 2100 Ridge Ave. Ste. 4801 Evanston IL 30201 Jose Calderon 2100 Ridge Ave. Ste. 4801 Evanston IL 30201 1/25/2015 Due Date Jose Calderon EVAN1AAUPG Invoice Accela, Inc 2633 Camino Ramon, Ste. 500San Ramon, CA 94583 1.00 MI100ENTALM0602 $ 0.00 $ 66,461.54 $ 66,461.54 Accela Land Management Site License Annual Maintenanc 1.00 MI100ENTALC0602 $ 0.00 $ 27,873.93 $ 27,873.93 Accela Licensing and Case Mgt Site License Annual Mai 1.00 MI100ACAM120602 $ 0.00 $ 7,227.06 $ 7,227.06 Accela Citizen Access Annual Maintenance and Support 1.00 MI10AWIRM120602 $ 0.00 $ 26,800.29 $ 26,800.29 Accela Wireless Site License Annual Maintenance and S The Maintenance Fees are for the period: March 15, 2015 to March 14, 2016 Remit To: Chicago, IL 60677-4003 # 774375 Accela, Inc Please direct invoice inquiries to the Accounts Receivable Dept. at (925) 659-3275 Send an email to: accountsreceivable@accela.com Accela TAX ID: 94-2767678 $ 128,362.82 $ 0.00 $ 0.00 $ 0.00 $ 128,362.82 Subtotal Tax Freight Trade Discount Total Wiring Instructions Wells Fargo Bank For credit to: Accela, Inc. Account: 412-1765507 ABA: 121000248 $ 0.00 4375 Solutions Center 50 of 401 For City Council meeting of January 26, 2015 Item A3.2 Business of the City by Motion: Renewal of Police Service Agreement with Motorola F A ti To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Rich Eddington, Chief of Police Perry Polinski, Communications Coordinator Subject: Renewal of Sole Source Police Service Agreement with Motorola Date: January 12, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to renew the annual sole source service agreement with Motorola, Inc. (1309 East Algonquin Road., Schaumburg, IL) for the amount of $77,092.92. The Agreement is effective from January 1, 2015 through December 31, 2015. Funding Source: Funding will be provided by the Emergency Telephone System Service Agreements & Contracts Account 205.22.5150.62509 with a Budget of $237,000. Summary: Prior to construction of the existing 9-1-1 Center in 1994 we had a conglomerate of hardware. When a problem arose, it was difficult to pinpoint which vendor was responsible for the correction. At the time, when the “new” 9-1-1 Center was being designed, it was decided that Motorola would be our vendor to avoid the aforementioned “serviceability” issues. Therefore, the radio equipment, consoles, E911 phone system, and portables & mobiles were all purchased from and installed by Motorola. The core mission of the E9-1-1 Communications Center is to serve as the community’s point of access to public safety resources and as a resource to public safety first responders by providing information, additional resources, and communication links. The Motorola Service Agreement maintains critical processes that support the mission of the E9-1-1 Communications Center which includes radio equipment: consoles, E911 phone system, portables, and mobile (in-car) radios. Memorandum 51 of 401 The 2014 Service Agreement with Motorola was $77,092.92. Through negotiations, the City was able to hold the base cost for all services in the 2015 service agreement to a 0% increase. Therefore, the cost to renew for 2015 is $77,092.92. Receiving the new Service Agreement late, as well as negotiations, brought us past the 2014 Agreement end date of December 31, 2014. However, the vendor extended the Agreement so that service will not be “shut off” if the renewal is not active by the end of December. Legislative History: FY15 Emergency Telephone System budget approved at the meeting of September 25, 2014. Attachments Service Agreement Service Terms and Conditions 52 of 401 SERVICES AGREEMENT Attn: National Service Support/4th fl Contract Number: S00001018471 1301 East Algonquin Road Contract Modifier: RN16-JUL-14 20:54:04 (800) 247-2346 Date: 12/02/2014 Company Name:Evanston Police Dept, City Of Required P.O.: Yes Attn:PERRY POLINSKI Customer # : 1000195588 Billing Address:2100 Ridge Ave Bill to Tag # : 0002 City, State, Zip:Evanston,IL,60201 Contract Start Date: 01/01/2015 Customer Contact:Perry Polinski Contract End Date: 12/31/2015 Phone:(847)866-5070 Anniversary Day: Dec 31st Payment Cycle: QUARTERLY PO # : TBD QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXT EXTENDED AMT ***** Recurring Services ***** SVC01SVC1102C DISPATCH SERVICE $163.33 $1,959.96 1 SVC242AC ENH: DISPATCH CENTER LOCATION 12 SVC244AA ENH: CONVENTIONAL SITE 1 SVC455AE ENH: DISPATCH SITE SVC01SVC1101C INFRASTRUCTURE REPAIR WITH ADV REPL $757.97 $9,095.64 3 SVC261AA ENH: CONVENTIONAL SITE 8 SVC262AA ENH: CONVENTIONAL STATION 4 SVC264AA ENH: CONVENTIONAL OPER POSITION 2 SVC455AE ENH: DISPATCH SITE SVC01SVC1104C TECHNICAL SUPPORT $53.93 $647.16 3 SVC139AA ENH: CONVENTIONAL SITE 8 SVC140AA ENH: CONVENTIONAL STATION 4 SVC142AA ENH: CONVENTIONAL OPERATOR POS 1 SVC455AE ENH: DISPATCH SITE SVC01SVC1220C SFS LITE SERVICE AGREEMENT $340.20 $4,082.40 108 SVC27AA ENH: XTS5000 SVC01SVC1405C NETWORK PREVENTATIVE MAINTENANCE A $192.60 $2,311.20 8 SVC212AA ENH: GROUND ACCESSIBLE STATION 4 SVC213AA ENH: GROUND ACCESSIBLE OPERATO 9 SVC214AA ENH: GROUND ACCESSIBLE RECEIVE 4 SVC850AA SITE PM ACCESS A SVC01SVC1410C ONSITE INFRASTRUCTURE RESPONSE-STANDARD $1,585.47 $19,025.64 3 SVC218AA ENH: ONSITE INFRASTRUCTURE RESPONSE-SITE 8 SVC219AA STATION(S) 4 SVC220AA OPERATOR POSITIONS 9 SVC221AA RECEIVER SITES 1 SVC455AE ENH: DISPATCH SITE 1 SVC986AA DISPATCH CENTER LOCATION SVC01SVC1423C LOCAL RADIO SUPPORT SERVICE $269.52 $3,234.24 53 of 401 108 SVC27AB ENH: XTS5000 SVC01SVC2007C SP - ONSITE INFRASTRUCTURE RESPONSE $903.21 $10,838.52 6 WORKSTATION SVC02SVC0029C SP - INFRASTRUCTURE REPAIR/ADVANCED REPLACEMENT $105.45 $1,265.40 1 ACCESSORY SVC02SVC0039A SP-INFRASTRUCTURE SOFTWARE INSTALL $225.78 $2,709.36 1 PLANT PSAP SVC02SVC0081A MISSION CONTROL $897.46 $10,769.52 1 SITE(S) SVC02SVC0082A SOFTWARE FIRMWARE SUPPORT $929.49 $11,153.88 1 SITE(S) SPECIAL INSTRUCTIONS - ATTACH STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal - Recurring Services $6,424.41 $77,092.92 Subtotal - One-Time Event Services $ .00 $ .00 Total $6,424.41 $77,092.92 Taxes -- Grand Total $6,424.41 $77,092.92 THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA. Subcontractor(s)City State MOTOROLA RADIO SUPPORT CENTER ELGIN IL MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA - STARCOM 21 (DO999)SCHAUMBU RG IL MOTOROLA SYSTEM SUPPORT CTR-CALL CENTER DO066 SCHAUMBU RG IL MOTOROLA SYSTEM SUPPORT-TECHNICAL SUPPORT DO068 SCHAUMBU RG IL AIRBUS DS COMMUNICATIONS, INC.TEMECULA CA CHICAGO COMMUNICATIONS LLC ELMHURST IL I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE)TITLE DATE PATTY BLOCKER 847-683-9560 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Company Name: Evanston Police Dept, City Of Contract Number: S00001018471 Contract Modifier: RN16-JUL-14 20:54:04 Contract Start Date: 01/01/2015 Contract End Date: 12/31/2015 54 of 401 Evanston Service Terms and Conditions. Revised December 30, 2014 Service Terms and Conditions Motorola Solutions, Inc. (“Motorola”) and the customer named in this Agreement (“Customer”) hereby agree as follows: Section 1 APPLICABILITY These Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2 DEFINITIONS AND INTERPRETATION 2.1. “Agreement” means these Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. “Equipment” means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. “Services” means those installation, maintenance, support, training, and other services described in this Agreement. Section 3 ACCEPTANCE Customer accepts these Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the “Start Date” indicated in this Agreement. Section 4 SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer’s request, Motorola may also provide additional services at Motorola’s then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer’s product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer’s obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 55 of 401 Evanston Service Terms and Conditions. Revised December 30, 2014 4.6. If Equipment cannot, in Motorola’s reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5 EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6 TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer’s location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7 CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer’s personnel to maintain contact, as needed, with Motorola. Section 8 PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. 56 of 401 Evanston Service Terms and Conditions. Revised December 30, 2014 Section 9 WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer’s sole remedy is to require Motorola to re- perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non- conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10 DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non- performing party a written and detailed notice of the default. The non-performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. Section 11 LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12 EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing 57 of 401 Evanston Service Terms and Conditions. Revised December 30, 2014 specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13 PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola’s property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial, financial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14 FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15 COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16 MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer’s custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola’s use without charge and may be removed from Customer’s premises by Motorola at any time without restriction. Section 17 GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 58 of 401 Evanston Service Terms and Conditions. Revised January 21, 2014 17.2. This Agreement and the rights and duties of the parties will be governed and interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party’s reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a “Separated Business”), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a “Separation Event”), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE IF, AND ONLY IF, CUSTOMER SO ELECTS IN WRITING NO LESS THAN THIRTY (30) DAYS PRIOR TO THE ANNIVERSARY DATE. Motorola must inform Customer in writing sixty (60) days before the anniversary date of its current rates of Services for the period after the Agreement’s contract end date (12/31/2015). 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola’s then effective hourly rates. Revised December 30, 2014 59 of 401 For City Council meeting of January 26, 2015 Item A3.3 Business of the City by Motion; Otis Elevator Maintenance Renewal For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette E. Robinson, Director of Public Works Leslie J. Perez, Administrative Supervisor Subject: Renewal of Elevator Service Agreement with OTIS Elevator Corp. for the Civic Center, Service Center, Maple Ave. and Church Street Self Parks Date: January 14, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to renew the sole source service and maintenance agreement with OTIS Elevator Corporation (949 Oak Creek Drive, Lombard, Illinois) for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages for a 1-year term at a cost of $64,208.76. The proposed 1-year service agreement is effective January 1, 2015 to December 31, 2015, and provides for a decrease from last year’s fees of approximately 7 percent. Funding Source: The table below lists the various funding sources used to pay for the maintenance of these elevators. Elevator Maintenance Cost Account Budget Civic Center (2 elevators) $13,711.36 2677.62245 $29,318.00 Service Center (1 freight elevator) $7,850.90 2610.62425 2610.62446 $4,165.00 $20,000.00 Maple Avenue Garage (5 elevators) $26,681.62 7037.62425 $39,776.00 Church Street Garage (3 elevators) $15,964.88 7025.62425 $20,000.00 $64,208.76 Memorandum Page 1 of 2 60 of 401 Summary: OTIS Elevator Corporation have been successfully maintaining and servicing the elevators located at the Service Center, Lorraine H. Morton Civic Center, and both the Maple Avenue and Church Street Self Parks under various length contracts and extensions since 2005. They have been providing excellent elevator maintenance service to the City for many years. Annual maintenance and service agreements for elevators are standard practice for municipal facilities. The Facilities Management Division administers this elevator service agreement for all of the above locations. Staff recommends this sole source contract be extended through the end of 2015 due to both their successful past performance and their extensive knowledge of these elevators, most of which were installed by this company. ------------------------------------------------------------------------------------- Attachments: Copy of proposed one-year contract Page 2 of 2 61 of 401 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AD0493 Page 1 of 10 OTIS MAINTENANCE DATE:12/19/2014 TO:FROM: City Of Evanston Attn: Parking System 2100 Ridge Ave Evanston, IL 60201 Otis Elevator Company 949 Oak Creek Drive Lombard, IL 60148 EQUIPMENT LOCATION:Nora Gross Church Street Parking 525 Church Street Evanston, IL 60201 Phone: (224) 254-0862 Fax:(860) 660-2661 PROPOSAL NUMBER: AD0493 EQUIPMENT DESCRIPTION: No Of Units Type Of Units Manufacturer Customer Designation Machine Number 1 GEARED DOVER N. ELV D40329 5 GEARED OTIS ELEVATOR COMPANY ELV 5 , ELV 4 , ELV 3 , ELV 2 , ELV 1 608539, 608538, 608537, 608536, 608535 2 HYDRAULIC DOVER ONLY , S. ELV D40387, D40037 3 HYDRAULIC OTIS ELEVATOR COMPANY S. A , S. B 328-5152, N. PASS 404887, 404888, 404889 OTIS MAINTENANCE We propose to furnish Otis Maintenance on the equipment (“Units”) described above. Otis Maintenance is a full preventive maintenance service intended to protect your investment, extend equipment life, and provide a high level of performance and reliability. OTIS MAINTENANCE MANAGEMENT SYSTEMSM We will use the Otis Maintenance Management System preventive maintenance program to deliver service tailored to your specific building needs. Equipment type, component life, equipment usage, and building environment will be taken into account by the OMMS® scheduling system, which will be used to plan maintenance activities in advance. The Units will be provided with devices to monitor equipment usage. We will use OMMS standard work processes developed and continuously improved by Otis. Under this Contract, we will maintain the Units on the following terms and conditions: PERFORMANCE MAINTENANCE We will maintain the Units using trained personnel directly employed and supervised by us. The maintenance will include inspection, lubrication, and adjustment of the following parts: Controller parts, selectors and dispatching equipment, relays, solid-state components, transducers, resistors, condensers, power amplifiers, transformers, contacts, leads, dashpots, timing devices, computer and microcomputer devices, steel selector tapes, mechanical and electrical driving equipment, signal lamps, and position indicating 62 of 401 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AD0493 Page 2 of 10 OTIS MAINTENANCE equipment. Door operators, car door hangers, car door contacts, door protective devices, load weighing equipment, car frames, car safety mechanisms, platforms, car and counterweight guide shoes including rollers and gibs, and emergency car lighting. Hoistway door interlocks and hangers, bottom door guides, and auxiliary door closing devices. Machines, worms, gears, thrust bearings, drive sheaves, drive sheave shaft bearings, brake pulleys, brake coils, contacts, linings, and component parts. Motors, brushes, brush holders, and bearings. Governor components, governor sheaves and shaft assemblies, bearings, contacts, governor jaws, deflector or secondary sheaves, car and counterweight buffers, car and counterweight guide rails, car and counterweight sheave assemblies, top and bottom limit switches, governor tension sheave assemblies, and compensating sheave assemblies. Pumps, pump motors, operating valves, valve motors, leveling valves, plunger packings, exposed piping, above ground plungers and cylinders, and hydraulic fluid tanks. Escalator handrails, handrail drive chains, handrail brush guards, handrail guide rollers, alignment devices, steps, step treads, step wheels, step chains, step axle bushings, comb plates, floor plates, tracks, external gearing, and drive chains. Escalator upper drives, upper drive bearings, tension sprocket bearings, upper newel bearings and lower newel bearings, demarcation lights, and comb lights. RELIABILITY PARTS COVERAGE If necessary, due to normal usage and wear, Otis will repair or replace any of the parts specified above at their sole discretion, unless specifically excluded elsewhere in the contract. Any parts under this Contract requiring replacement will be replaced with parts selected by Otis. PARTS INVENTORY We will during the term of this Contract maintain a supply of frequently used replacement parts and lubricants selected by Otis to meet the specific routine requirements of the Units. Any replacement parts stored in the machine room remain our property until installed in the Units. We further agree to maintain a supply of routine replacement parts available for express delivery in case of emergencies. QUALITY CONTROL We will periodically conduct field audits of our personnel and the Units to maintain quality standards. Otis field engineers will provide technical assistance, technical information, and Code consultation to support our maintenance organization. RESPONSIVENESS 24-HOUR DISPATCHING We will, at your request, provide you with access to eService and our OTISLINE 24-hour, year-round dispatching service. In the event a Unit malfunction occurs between regular examinations, you will be able to place a service call on eService or through an OTISLINE customer service representative, who will, at your request, dispatch an examiner to perform service. In the event Otis receives an emergency call from the phone in the elevator and a passenger indicates a need for assistance, Otis shall attempt to contact a building representative for an assessment of the situation and authorization to respond to the call. If Otis is unable to reach a building representative, Otis shall respond to the emergency call from the phone in the elevator. The visit will be treated as a Callback. It is your responsibility to: (a) have a representative available to receive and respond to OTISLINE calls; and (b) maintain working telephone equipment. COMMUNICATION CUSTOMER REPRESENTATIVE As a service to you, and at your request an Otis representative will be available to discuss with you your elevator needs in the areas of modernization, traffic handling ability, recommendations and requirements of Code authorities, proper use and care of the Units, and the OMMS program. There is no additional charge for this consulting service, but by making this service available to you, Otis does not assume any duty to warn. 63 of 401 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AD0493 Page 3 of 10 OTIS MAINTENANCE REPORTS – eSERVICE We will use the OMMS program to record completion of maintenance procedures. We will, at your request, provide you access to eService. You will be able to access twelve (12) months of repair, completed maintenance procedure and service call history for the Unit(s). You will be responsible for obtaining Internet access to use eService. SAFETY AND ENVIRONMENT SAFETY TESTS – TRACTION ELEVATORS We will periodically examine safety devices and governors of the Units. We will conduct an annual no load test and perform at each fifth year a full load, full speed test of safety mechanisms, overspeed governors, and car and counterweight buffers. If required, the governor will be recalibrated and sealed for proper tripping speed, and elevator car balances will be checked. As required by Code, or once every five years at a minimum, we will measure the coated steel belts for safety using a method approved by the manufacturer. SAFETY TESTS – HYDRAULIC ELEVATORS We will conduct an annual no load test and annual pressure relief valve test. FIREFIGHTERS’ SERVICE TEST If the equipment has firefighters' service, you assume responsibility for performing and keeping a record of any Code required tests and for the maintenance, functioning and testing of the smoke and/or heat detectors. If during the initial firefighters' service test any elevator firefighters' service is found to be inoperable, the building will be responsible for all of the cost associated with the repairs necessary to bring the unit in compliance with the applicable Codes. If any applicable Code or governing authority mandates that such required tests be performed by a licensed elevator mechanic, Otis will provide such testing and service on an Open Order basis. You will be responsible for the costs associated with such testing and service. SAFETY TRAINING We will instruct our personnel to use appropriate personal protection equipment and follow safe work practices. ENVIRONMENTAL PROTECTION Otis endeavors to reduce generation of waste materials, to minimize risks to the environment, customers, the general public and Otis employees, and to comply with all federal and state environmental laws and regulations. Material Safety Data Sheet (MSDS) Manuals are available for review at your request. You assume responsibility for removal of wastes, including but not limited to hydraulic oil, spoils, asbestos, etc., as it is not part of this Contract. MAINLINE DISCONNECTS You agree to engage a qualified electrician to service at least once annually the elevator mainline disconnects located in the elevator equipment room. WORK SCHEDULE NORMAL HOURS All maintenance procedures and repairs will be performed during our regular working hours of our regular working days for the examiners who perform the service. All lamp and signal replacements will be performed during regular examinations. 64 of 401 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AD0493 Page 4 of 10 OTIS MAINTENANCE For purposes of this Contract, a Callback is a response by Otis to a request for service or assistance made (a) by the customer or customer representative, (b) by the building or building representative; (c) by emergency personnel; (d) through the ADA phone line, and/or (e) through REM® monitoring system, for service or assistance, on an as needed basis, excluding regularly scheduled maintenance. Regular working hours: 8:00 AM – 4:30 PM. Regular working days: Monday – Friday excluding holidays. OVERTIME On Callbacks outside of regular working hours, Otis will absorb the worked hours at straight time rates and you will be charged for the overtime premium portion only, including for travel time. OWNERSHIP AND LICENSES WIRING DIAGRAMS You agree to provide us with current wiring diagrams reflecting all previously made changes for Units covered by this Contract to facilitate proper maintenance of the equipment. We shall maintain the wiring diagrams so that they properly reflect any changes made by Otis to the equipment. These diagrams will remain your property. OTIS SERVICE EQUIPMENT Any counters, meters, tools, remote monitoring devices, or communication devices which we may use or install under this Contract remain our property, solely for the use of Otis employees. Such service equipment is not considered a part of the Units. You grant us the right to store or install such service equipment in your building and to electrically connect it to the Units. You will restrict access to the service equipment to authorized Otis personnel. You agree to keep the software resident in the service equipment in confidence as a trade secret for Otis. You will not permit others to use, access, examine, copy, disclose or disassemble the service equipment or the software resident in the service equipment for any purpose whatsoever. If the service is terminated for any reason, we will be given access to your premises to remove the service equipment, including the resident software, at our expense. OTIS SOFTWARE Software owned by Otis may be embedded in parts or otherwise provided by Otis as part of this maintenance agreement. You have the right to use this software only for operation of the units for which the part was provided. You may also make a backup or archival copy of the software, provided you reproduce the copyright notice and any other legend of ownership on the copy. You may not otherwise copy, display, adapt, modify, distribute, reverse assemble, reverse compile, or otherwise translate the software. You will not transfer possession of the software except as part of a transfer of ownership of the Units and the assumption of the rights and obligations under this agreement by the transferee. NON-OTIS SOFTWARE You retain your rights to any software not provided by Otis contained in the Units and agree to allow Otis to make one backup or archival copy for you. SERVICE TOOLS You are responsible to secure our right to use any special service tools required to maintain your non- Otis equipment. These tools must be provided prior to us beginning maintenance on such equipment. THE UNITS It is agreed that we do not assume possession or control of the Units, that such Units remain yours solely as owner and operator, lessee, or agent of the owner or lessee, and that you are solely responsible for all requirements imposed by any federal, state, or local law, Code, ordinance or regulation. CLARIFICATIONS This Contract does not cover car enclosures (including, but not limited to, wall panels, door panels, car gates, plenum chambers, hung ceilings, lighting, light diffusers, light tubes and bulbs, handrails, mirrors and floor coverings), rail alignment, hoistway enclosures, hoistway gates, hoistway inserts and brackets, mainline disconnect switches, doors, door frames, sills, swing door hinges and closing devices, below ground or unexposed hydraulic cylinders and plungers, buried or unexposed piping, escalator balustrades, escalator lighting or wedge guards. Without affecting our obligation to provide service under this Contract, you agree to permit us to train our personnel on the Units. This Contract does not 65 of 401 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AD0493 Page 5 of 10 OTIS MAINTENANCE cover computer and microcomputer devices, such as terminal keyboards and display units that are not exclusively dedicated to the elevator system. This Contract does not cover telephones installed by others, intercoms, heat sensors, smoke sensors, communications equipment, or safety signaling equipment, or instructions or warnings in connection with use by passengers. We will not be required: (i) to make any tests other than that as specifically set forth herein; (ii) to make any replacements with parts of a different design or type; (iii) to make any changes in the existing design of the Units; (iv) to alter, update, modernize or install new attachments to any Units, whether recommended or directed by governmental authorities or by any third party; (v) to make repairs or replacements necessitated by failures detected during or due to testing of the Units or buried or unexposed hydraulic cylinders or piping and (vi) to replace or repair any component or system utilizing obsolete or discontinued parts, including parts for which the original design is no longer manufactured by the original equipment manufacturers, or parts where the original item has been replaced by an item of different design or is replaceable only by fabrication; (vii) to provide reconditioned or used parts; (viii) to make any replacements, renewals, or repairs necessitated by reason of any cause beyond our control including, but not limited to, fire, explosion, theft, floods, water, weather, earthquake, vandalism, misuse, abuse, mischief, or repairs by others. You assume responsibility for the cost of correcting all Elevator Code violations existing on the date we enter into this Contract. If such Code violations or other outstanding safety violations are not corrected in accordance with this Contract, Otis may with respect to the equipment not meeting Code requirements cancel this Contract without penalty by providing thirty (30) days written notice. Neither party shall be liable for any loss, damage or delay due to any cause beyond our reasonable control including, but not limited to, acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, floods, water, weather, earthquake, riot, civil commotion, war, vandalism, misuse, abuse, mischief, or acts of God. We agree that we shall be liable for accidents and injuries to person or property when adjudged to have been caused by the sole negligence or willful misconduct of Otis or our employees. In all other instances, Customer shall indemnify, defend and hold us harmless against all claims, damages, losses, costs, and expenses (including attorney's fees and other litigation costs) arising out of or connected with the use, repair, maintenance, operation or condition of the Equipment. We shall maintain worker’s compensation and employers’ liability insurance covering our liability for injury or death sustained by our employees, and comprehensive general liability insurance. You shall insure that all risk insurance upon the full value of the Work and material delivered to the job site is maintained at no cost to us. If either party so requires, in writing, the other party shall furnish certificates of insurance evidencing the above insurance coverages. Notwithstanding any other agreement or provision to the contrary, under no circumstances will either party be liable for any indirect, special or consequential damages of any kind, including, but not limited to, fines or penalties, loss of profits, loss of rents, loss of good will, loss of business opportunity, additional financial costs, or loss of use of any equipment or property, whether in contract, tort, warranty or otherwise. You agree to provide us unrestricted ready and safe access to all areas of the building in which any part of the Units are located, to keep all machine rooms and pit areas free from water, stored materials, and debris, to provide a safe work place for our personnel, to remove and remediate any waste or hazardous materials in accordance with applicable laws and regulations, and to provide a grounded, 3-prong electrical system and proper lighting in the machine rooms and pits. We shall not be obliged to perform until such unsafe condition has been remedied. If any Unit is malfunctioning or is in a dangerous condition, you agree to notify us as soon as possible using the 24-hour OTISLINE® service. Until the problem is corrected, you agree to remove the Unit from service and take all necessary precautions to prevent access or use. You will provide written notice within twenty-four hours after occurrence of any accident in or about the elevator (s) and/or escalator(s) to us and if required by law, to any local authorities. You further agree to preserve replaced parts. Escalator Units are designed only for transporting passengers. For escalator Units, you agree to take all necessary measures to prevent other items from being conveyed, so that features designed to protect passengers and prevent property damage are not damaged. When stationary, escalators are to be properly barricaded and not to be used as steps. You agree to properly post, maintain, and preserve any and all instructions or warnings to passengers in connection with the use of any Units. 66 of 401 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AD0493 Page 6 of 10 OTIS MAINTENANCE In the event of an entrapment, Customer will call Otis and wait for a trained and licensed elevator mechanic to arrive, except for a medical emergency situation where it may be appropriate to summon a professional first responder such as police or firemen. Customer agrees that its agents, contractors, employees or representatives shall not attempt to extricate any passengers from an elevator that becomes stalled within the hoistway. Otis will not be required to make renewals or repairs necessitated by fluctuations in the building AC power systems, adverse hoistway or machine room conditions (including temperature variations below 60 degrees and above 90 degrees Fahrenheit), excessive humidity, adverse environmental conditions, water damage, rust, fire, explosion, acts of God, misuse, or vandalism. If this Agreement is terminated prematurely for any reason, other than our own default, you agree to pay as liquidated damages, and not as a penalty, one-half (50%) of the remaining amount due under this Agreement. Should this Agreement be accepted by you in the form of a purchase order, the terms and conditions of this Agreement will take precedence over those of the purchase order. We will not be liable for any claim, injury, delay, death or loss or property resulting from telephone equipment failure, false alarms, interruption of telephone service, or "no voice calls", i.e. calls from inside the equipment to Otisline where there is no verbal response to the Otisline operator. ALTERATIONS You will not allow others to make alterations, additions, adjustments, or repairs to the equipment. SPECIAL PROVISIONS Notwithstanding any other provision herein to the contrary, the following provisions shall be applicable and govern in the event of conflict: Price Adjustments Price adjustments are to be capped at 3% annually. RESPONSE-TIME STANDARDS We will, after a call for service is received by our dispatching center, have an examiner on your premises on average within the times set forth below. For the purposes of this provision, such averages will be calculated annually on an aggregate basis for all Units for all such calls received during the 12-month period between any two consecutive anniversary dates of the contract. The average response time during our regular business hours will be 2-3 hours. The average response time outside of our regular business hours will be 3-4 hours. If during any such 12-month period the average response time exceeds that set forth above, as your exclusive remedy you may request that we credit you in the month following such 12-month period an amount of $500 per gearless elevator Unit, $300 per escalator Unit, $300 per geared elevator Unit, and $150 per hydraulic elevator Unit. Current Contract Rights We do not relinquish our current contract rights with proposal of this new agreement. Unless this new contract is accepted by both parties, the current agreement in place remains in force. 67 of 401 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AD0493 Page 7 of 10 OTIS MAINTENANCE Otis REM® Maintenance We will provide Otis REM Maintenance on the applicable units. We will provide a microprocessor system that continuously monitors the Unit(s) on a 24-hour per day, year-round basis. The system will notify our OTISLINE® dispatching center that a Unit is inoperative by sending a message via telephone line. Upon the receipt of such message, we will either notify your on -site representative or initiate the dispatch of our personnel for emergency minor adjustment callback service during regular working hours of our regular working days for the mechanics who perform the service. We will collect data on the equipment condition including, but not limited to, door operation, leveling and whether the operation of a Unit has been interrupted. That information will be used to tailor the Otis Maintenance Management SystemSM preventive maintenance program for the Unit(s). You will furnish us at your expense, one (1) outside telephone line to the elevator machine room that allows data calls to and from a toll-free number at our OTISLINE dispatching center. The telephone line may be a separate line dedicated to the REM maintenance equipment or may be an existing line that is shared between another telephone and the REM maintenance equipment. CONTRACT PRICE AND TERM CONTRACT PRICE Five thousand three hundred fifty dollars and seventy-three cents ($ 5,350.73 ) per month, payable Annually PRICE ADJUSTMENT The Contract Price will be adjusted on the effective date of any labor rate adjustment under Otis ’s contract with the International Union of Elevator Constructors (IUEC Contract) to reflect increases or decreases in material and labor costs. The percentage increase of the Contract will not exceed 3.00 %. A. Material Four hundred eighty-six dollars and thirty-eight cents ($ 486.38 ) of the original Contract Price will be increased or decreased by the percent increase or decrease shown by the index of “Producer Commodity Prices for Metals and Metal Products” published by the U. S. Department of Labor, Bureau of Statistics for the price adjustment month compared with the index on 09/01/2014 which was 217.100 . B. Labor Four thousand eight hundred sixty-four dollars and thirty-five cents ($ 4,864.35 ) of the original Contract Price will be increased or decreased by the percent increase or decrease in the straight time hourly labor cost under the IUEC contract on 01/01/2014 which was 83.562 . The phrase “straight time hourly labor cost” means the sum of the straight time hourly labor rate plus the hourly cost of fringe benefits paid to elevator examiners in the locality where the equipment is to be maintained. TERM The Commencement Date will be 01/01/2015. The Term of this Contract unless modified under the extended term below, will be for one (1) year beginning on the Commencement Date. In the event that you sell the building or your interest is terminated prior to the expiration of the Contract, you agree to assign the Contract to the new owner or successor and to cause the new owner to assume your obligations under this 68 of 401 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AD0493 Page 8 of 10 OTIS MAINTENANCE agreement. If the new owner or successor fails to assume your obligations under the Contract, then you agree to pay to Otis all sums due for the unexpired Term. Nonperformance Clause You may by written notice to Otis, terminate the Contract if we materially fail to perform any of the substantive obligations under the Contract, and do not cure such failure within ninety (90) days after receipt of such written notice specifying in detail such failure. PAYMENTS Beginning on the Effective Date, payments will be due and payable on or before the first day of the contract year in which services are rendered beginning on the Commencement Date. The method of payment will be by check. The work shall be performed for the agreed price plus any applicable sales, excise or similar taxes as required by law. In addition to the agreed price, you shall pay to us any future applicable tax imposed on us, our suppliers or you in connection with the performance of the work described. You agree to pay a late charge from the date such sums become due of one and one-half percent (1.5%) per month, or the highest legally permitted rate, whichever is less, on any balance past due for more than thirty (30) days, together with all costs (including, but not limited to, attorneys’ fees) incurred by us to collect overdue amounts. Failure to pay any sum due by you within sixty (60) days will be a material breach. We may at our option declare all sums due or to become due for the unexpired term immediately due and payable as liquidated damages, and until the same are paid be discharged from further obligations under the contract. ACCEPTANCE This proposal, when accepted by you below and approved by our authorized representative, will constitute the entire and exclusive contract between us for the services to be provided and your authorization to perform as outlined herein. All prior or contemporaneous oral or written representations or agreements not incorporated herein will be superseded. Any purchase order issued by you in connection with the services to be provided will be deemed to be issued for your administrative or billing identification purposes only, and the parties hereto intend that the terms and conditions contained herein will exclusively govern the services to be provided. We do not give up rights under any existing contract until this proposal is fully executed. This Contract may not be changed, modified, revised or amended unless in writing signed by you and an authorized representative of Otis. Further, any manual changes to this form will not be effective as to Otis unless initialed in the margin by an authorized representative of Otis. THIS QUOTATION is valid for ninety (90) days from the proposal date. Submitted by: Nora Gross Title:Account Manager Accepted in Duplicate CUSTOMER Approved by Authorized Representative Otis Elevator Company Approved by Authorized Representative Date:Date: Signed:Signed: Print Name:-Print Name:Micki Nottke Title -Title Branch Sales Manager 69 of 401 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AD0493 Page 9 of 10 OTIS MAINTENANCE E-mail:- Name of Company - □ Principal, Owner or Authorized Representative of Principal or Owner □ Agent: ______________________________________ (Name of Principal or Owner) 70 of 401 © OTIS ELEVATOR COMPANY, 2011 All Rights Reserved LiNX Form MNT-OM (01/30/13) Proposal#: AD0493 Page 10 of 10 OTIS MAINTENANCE BILL TO INFORMATION Company Name: Address: Address 2: City: State: Zip Code: ACCOUNTS PAYABLE CONTACT Name: Phone Number: Fax Number: E-mail: TAX STATUS Are you tax exempt? Yes No If yes, please provide tax exempt certificate Do you require a Purchase Order be listed on your invoices? Yes No If yes, please provide contact info for PO renewal: Name: Fax: Phone: E-Mail: Would you like Otis to automatically debit your bank account for your maintenance invoices? Yes No If yes, please provide blank check for bank routing and account information. 71 of 401 For City Council meeting of January 26, 2015 Item A3.4 Business of the City by Motion: SWANCC Disposal Fees for FY2015 For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette E. Robinson, Director of Public Works Leslie Perez, Administrative Supervisor Subject: Solid Waste Agency of Northern Cook County (SWANCC) Disposal Fees for FY 2015 Date: January 14, 2015 Recommended Action: Staff recommends City Council approval of the 2015 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in not to exceed the amounts of $60,000 for capital costs, $800,000 for operations and maintenance, and $20,000 in recycling transfer fees. Funding Source: Funding will be provided by the Solid Waste Fund Accounts: 520.26.7685.68310 (capital costs); 520.26.7685.62405 (operations and maintenance costs); and 520.26.7690.62415 (recycling costs). These accounts have a budget of $60,000, $800,000, and $30,000 respectively for FY2015. Summary: In 1992, the City of Evanston entered into an intergovernmental agreement with twenty five (25) north and northwest suburban Cook County municipalities creating SWANCC to provide an efficient and environmentally sound municipal waste disposal system. Under this use agreement, the City is required to make certain payments to SWANCC for capital, operations, and maintenance and disposal costs for the collection, transportation and disposal of municipal waste generated within the City of Evanston. The use agreement breaks the costs into two categories: Operations and Maintenance (O&M) Costs and Fixed Costs. Each member’s allocable share of O&M costs is calculated by dividing the amount of waste the member actually delivered by the total amount of waste the Agency received. Fixed costs cover SWANCC’s capital improvement costs and bond payments. The figure is based on SWANCC’s actual debt obligations divided among the member communities. Memorandum 72 of 401 The contract requires that the City take its residential waste from single family homes to SWANCC. As a result, the City pays the cost of the residential refuse that Groot collects under contract. If the City generates more or less waste than what was estimated, SWANCC will provide the City with a credit or debit. Staff used the previous year’s numbers to estimate the annual costs for this fiscal year. Staff’s estimate and the lower garbage volumes have resulted in modest credits for the last five years. Page 2 of 2 73 of 401 For City Council meeting of January 26, 2015 Item A3.5 Business of the City by Motion: Renewal of Presence Behavioral Heath Agreement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Evonda Thomas-Smith, Director, Health and Human Services Subject: Renewal of the Service Provider Agreement with Presence Behavioral Health Date: January 14, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to renew the Service Provider Agreement between Presence Behavioral Health (Presence Health) and the City of Evanston for the provision of 24-hour Crisis Line Access, Mental Health Crisis Intervention and various community outreach and education services at a cost of $73,333.33. The Agreement is dated January 1, 2015 to December 31, 2015. Due to the timing of the Agreement and to assure no interruption of services staff seeks approval of the Service Provide Agreement. Funding Source: Funding is provided by the Health and Human Services Department Account 176.24.4651.62491. Summary: On March 1, 2013 the City of Evanston and Presence Behavioral health entered into an Agreement for Presence Health to provide 24-hour Crisis Line Access, Mental Health Crisis Intervention and various community outreach and education services to the residents of the City of Evanston. The Agreement was amended February 2014 to extend the Agreement until December 31, 2014. The amendment added $73,333.33 to the original cost of $55,000. $73,333.33 is the maximum total payable under the renewal Agreement. Attachments: Service Provider Agreement FY2014 Quarterly Report Accomplishments and Narrative Memorandum 74 of 401 Policy Guidelines Governing Agreement: FY 2015 Page 1 of 4 PPOOLLIICCYY GGUUIIDDEELLIINNEESS GGOOVVEERRNNIINNGG SSEERRVVIICCEE PPRROOVVIIDDEERR AAGGRREEEEMMEENNTT This Service Provider Agreement (the “Agreement”), is made on this _1st___ day of January 2015 (the “Effective Date”), by and between The City of Evanston, an Illinois home rule municipality (“City”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, and Pres- ence Behavioral Health, a not-for-profit Illinois corporation (“Provider”). City and Provider may be re- ferred to as a “Party” and collectively as the “Parties”. 1. PROVIDER RESPONSIBILITIES FOR LEVEL OF SERVICE: 1.1 Provider shall provide outreach to the Evanston Police and Fire Department, through three separate training exercises during the term for emergency responders in behavioral health issues. In addition, Pro- vider will work with the Police and Fire Department personnel to identify chronic 911 callers that are often dropped off at the hospital emergency room. 1.2 Provider currently operates a Crisis Line, which operates 24 hours a day/7 days a week and Provider will make the Crisis Line available to Evanston residents. 1.3 Provider will assign one .5 FTE licensed Community Support and Social Work specialist staff member to be assigned to work on solely Evanston focused efforts, including but not limited to case man- agement, community support outreach for those that have been identified as chronic 911 callers, initiating psychiatric hospitalization of involuntary patients, provide daily contact with the crisis line, in-home as- sessment, therapy, counseling, provide linkage to other mental health organizations, and the services out- lined in 1.1 and 1.2 (the “Provider Staff Member”). The Provider Staff Member will be located at the St. Francis Hospital, 355 Ridge Avenue, Evanston, Illinois 60202. In the recruitment of the Provider Staff Member, priority will be given to candidates who are residents of Evanston. In the event that no qualified Evanston residents present themselves for consideration, the Provider Staff Member will be recruited from outside the City of Evanston, so as to avoid interruption of services to the community. Lastly, the Provider Staff Member will be an Evanston resident. 1.4 Agreement Term for Services: The services outlined in Paragraphs 1.1 – 1.3 (collectively “Ser- vices”) shall be performed by Provider from January 1, 2015 and December 31, 2015 (“Term”). The Term shall not be renewed, except by written agreement of the Parties and by approval of the City Council. 1. 5 The Agreement shall be used to serve solely residents of the City of Evanston (the “Recipients”). No Recipients shall, on the grounds of their race, age, creed, color, sex, national origin, religious creed, fi- nancial status, source of income, marital status, sexual orientation, economic status or disability be exclud- ed from participation in, or denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Provider receives financial assistance from or through the City. The Pro- vider may expend funds received under this Agreement only for those parts of the Provider’s program ex- penses directed to the Recipients and services specified in the Agreement. 2. FEE POLICIES: 2.1 No persons may be refused services due to the inability to pay for services rendered. However, when fees are charged for a service all persons receiving said service are expected to contribute to the cost of the service per agency guidelines to the extent that they are able. 2.2 The Provider shall submit agency fee guidelines to the City. The grant money can be used to subsi- dize services rendered to Evanston residents after fees are collected. Provider represents and war- 75 of 401 Policy Guidelines Governing Agreement: FY 2015 Page 2 of 4 rants that it will not be seeking any payments from the City above the funding amount to recover any loss due to non-payment or under payment for services rendered. 2.3 The City approved funding in the principal amount of Seventy Seven Thousand, Three Hundred and Thirty Three and 33/100 Dollars ($77,333.33) for the Term of the Agreement. Funding will be paid through a monthly invoice process and payment will be disbursed in accordance with the Illi- nois Local Government Prompt Act. Invoices shall be submitted to the Director of Health and Human Services, 2100 Ridge Avenue, Evanston, IL 60201. 3. RECORD KEEPING: 3.1 The Provider shall keep and maintain individual cumulative case records, including a specific ser- vice plan for each Recipient with the agency's goal(s) for the Recipient and measurable objectives within time frames specified by the professional staff involved, when applicable. 3.2 The Provider shall maintain confidentiality of individual Recipient records and share such infor- mation in accordance with the amended Mental Health Code of the State of Illinois or after the ap- propriate authorization for release of information has been obtained from the Recipient when appli- cable. The Parties will work together to enter into a separate HIPAA business agreement, to ensure compliance with the provisions of HIPAA with respect to the confidentiality of protected healthcare information. The separate HIPAA agreement will be kept on file with this Agreement. 3.3 The Provider shall maintain all records related to this Agreement for a minimum of three years, or longer if other applicable laws or regulations so require. 3.4 The Provider shall permit on-site inspection of relevant records by the Director of the Health and Human Services (“Director”) at all reasonable times, subject to conditions specified in Section 3.2 regarding confidentiality. 3.5 The Provider shall have on file and maintain a policy and procedure for determining the residency of Recipients related to the conditions specified in Section 1. 4. COMMUNITY PLANNING AND COORDINATION: 4.1 The Provider will meet with the Director to discuss general and/or specific issues of this Agree- ment. Either party may initiate such meetings. 4.2 The Provider will notify the Director about any and all information which is pertinent to the future of the agency and its operations in the community, e.g., staffing problems, loss of funding, lawsuits, and/or deficiencies cited in a review for license or certification. 4.3 The Provider will participate in Health and Human Services meetings, as designated by the Direc- tor to develop a comprehensive human service program for Evanston. 4.4 When it is appropriate to the Provider’s mission the Provider will mutually cooperate with other network services in the provision of treatment services and discharge planning for people who have mental disorders and/or developmental disabilities. 5. MONITORING AND EVALUATION: 5.1 The Evanston Mental Health Board (“EMHB”) will assist the Director in the evaluation of the Provider’s performance. The EMHB shall utilize its performance matrix measurers to evaluate the extent to which the Provider meets its proposed outcome objectives, and on-site visits will be uti- lized by the City and the EMHB as critical variables in the annual allocation of funds. 76 of 401 Policy Guidelines Governing Agreement: FY 2015 Page 3 of 4 5.2 The Provider’s agency and program performance statistics, Agency Quarterly Narrative Report, and report on outcome measures will be submitted to the Director in a timely manner using the forms specified by the Director. 5.3 If the Provider is funded by the Illinois Department of Human Services (IDHS), the Provider shall furnish the City with financial and budget reports prepared for and submitted to IDHS upon request of the City. It is understood that the City may receive and/or may request directly from IDHS all monthly and quarterly summary data printouts about these agencies. 5.4 Limited to this Agreement, on a quarterly basis, the Provider shall furnish the Director a summary report of all grant-in-aid, purchase of service, or other grant and funding requests by the Provider, regardless of whether local, state, federal or private foundation monies are requested for facilities or services. 5.5 One copy of the Provider’s most recent audit must be submitted to the City within two weeks of having been accepted on behalf of the Provider’s Board of Directors. 5.6 For the Provider to receive funding by the City, budget documents and all narratives shall comply with the requirements of the Budget Manual for Human Service Agencies prepared by the EMHB and City staff. 5.7 Per City Council Public Policy Resolution 24-PR-79, the Provider shall: 5.7.1 Submit to the Director a copy of its policy on equal opportunity employment and a copy of its most current affirmative action plan. 5.7.2 Conduct meetings of its board of directors, or policy-setting body, in such a manner that whenever City funds are discussed, the meetings shall be open to the public. 5.7.3 Submit to the Director the names and addresses of the current members of its board of di- rectors or policy-setting body. 6. INSURANCE AND INDEMNITY: 6.1 The Provider shall not commence work under this Agreement until it has obtained Commercial General Liability insurance approved by the City of Evanston, and endorsed to provide coverage for Broad Form Property Damage and Blanket Broad Form Contractual Liability. 6.2 The Provider shall furnish two copies of the Certificate of Insurance naming the City of Evanston as an additional insured. The Certificate shall also recite that any cancellation shall require thirty (30) days advance notice, with notice to all named or additional insured. The Provider shall main- tain Personal Injury and Property Damage coverage for a minimum of $1,000,000 for each occur- rence. 6.3 The Provider Certificate of Insurance shall include the following indemnity provision: "The Provider agrees to indemnify, save harmless and defend the City of Evans- ton, its agents, servants, and employees, and each of them against and hold it and them harmless from any lawsuits, claims, demands, liabilities, losses and expens- es, including court costs and attorneys' fees, for or on account of any injury, or any damage to any property, which may arise or which may be alleged to have risen out of or in connection with the work covered by this contract." 6.4 In case of any conflict between the language of the Provider’s General Liability Insurance policy(s) and the indemnity provision cited in Section 6.3, the indemnity provision shall govern. 77 of 401 Policy Guidelines Governing Agreement: FY 2015 Page 4 of 4 6.5 The Provider shall designate to the Director of Health or his/her designee a staff person to be re- sponsible as the Provider’s contact person for insurance and indemnity matters. The designation shall be in writing, and provide the name, title, telephone number, and if available, an email address of the person designated. 7. CONTRACT CHANGES: 7.1 Any amendments to this Agreement shall be valid only when they have been reduced to writing, duly signed by both parties, and attached to the original of this Agreement. 8. TERMINATION AND OTHER RIGHTS OF THE CITY: 8.1 The CITY maintains the right in the event of a failure by the Provider to perform any of its obliga- tions under this Agreement to terminate this Agreement and payments thereunder, or to withhold funding for any one or more payment periods. With the exception of those issues identified in Sec- tion 8.2, the CITY must notify the Provider in writing of such impending action at least thirty cal- endar days before such action goes into effect. Such notice shall specify the reasons for which the action is taken, and the conditions, if any, under which payments may be reinstated. 8.2 The CITY shall waive its responsibility for payment of any and all bills for expenditures received over 45 calendar days after the last day of the month in which the services were provided. 8.3 The awarding of this Agreement in no way implies the continued financial support of programs or services of the Provider by the CITY beyond the specific period of this Agreement. Future funding by the CITY will be determined by an annual program review and allocation process. 8.4 This Agreement and its rights, responsibilities and proceeds may not be awarded or assigned by the Provider to any other individual(s) or party(s) for the purpose of fulfilling the obligations of this Agreement. In the event of the inability of the Provider to complete the terms of this Agreement, the CITY maintains the sole responsibility to determine the disposition of the balance of funds re- maining under the terms of this Agreement. IN WITNESS WHEREOF, the Parties have fully executed this Agreement on the date set forth above. CITY OF EVANSTON: PRESENCE BEHAVIORAL HEALTH an Illinois home rule corporation an Illinois not-for-profit corporation __________________________________ _________________________________ By: Wally Bobkiewicz, City Manager By: Frank Perham, Vice-President Date: _______________, 2015 Date: ________________, 2015 EVANSTON MENTAL HEALTH BOARD: __________________________________ Sandi Johnson, Chair Date: ______________, 2015 78 of 401 79 of 401 80 of 401 81 of 401 82 of 401 For City Council meeting of January 26, 2015 Item A4 Business of the City by Motion: Change Order for 48-inch Water Intake Improvements For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Superintendent – Construction & Field Services Subject: Approval of Change Order No. 2 for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Date: January 14, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute Change Order No. 2 for the 48-Inch Diameter Intake Improvements (Bid 14-04) with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH). This change order will extend the contract duration by 110 days from April 12, 2015 to July 31, 2015. There will be no change to the current contract amount of $1,403,122.00. Funding Source: An IEPA State Revolving Fund loan, in an amount up to $1,777,138, will fund construction of this project. This amount includes a contingency of up to 3% above the bid price of the project. Because this change order does not involve a cost increase, it is not expected to impact the loan amount. Background: This contract includes the installation of a heating system on the 48-inch intake and new chlorine feed equipment for the mussel control system. The initial contract award to Lake Erie Diving in the amount of $1,388,272.00 was approved by City Council on February 24, 2014. A portion of the contract work includes the removal of three existing HDPE pipelines and a heavy steel chain located within the 48-inch intake. These pipelines were part of the original zebra mussel control system installed in 1988 and were used to transport chlorine solution to the end of the intakes. The contractor was initially unsuccessful in removing this existing equipment. Memorandum 83 of 401 On September 29, 2014, the City Manager authorized Change Order No. 1 in the amount of $14,850.00. The purpose of this change order was to televise the entire length of the intake to accurately determine the existing conditions. This televising had not previously been completed as the cost was prohibitive when the contractor was not already onsite. Because the televising determined that the existing pipelines were intact, the contractor was able to pull them out through the shorewell by modifying his method of removal. Analysis: The installation of the heating system was anticipated to be completed in the fall of 2014. Because of the high demand for water that occurs during summer months, the contract documents did not allow the Work inside the intake to begin until September 1. Removal of the existing chlorine solution lines took much longer than anticipated, but they were completely removed on November 8, 2014. Unfortunately, the early change in weather conditions right at this time prohibited the contractor from continuing to work in the lake to install the new equipment. Therefore the contractor will return next spring to complete the installation of the new heating system and chlorine solution line for the 48-inch intake. Lake water temperatures will be too cold to allow work to start before April 2015. As such, the contractor will be unable to complete the work by the original completion date of April 12, 2015. Therefore staff is recommending a 110 day time extension to provide the contractor ample time to complete the remaining work. The contractor has confirmed that this time extension will not result in any cost increases to the City. Legislative History: The City Council approved contract award to Lake Erie Diving on February 24, 2014. The City Manager authorized Change Order 1 on September 29, 2014. Attachments: Change Order No. 2 84 of 401 85 of 401 For City Council meeting of January 26, 2015 Item A5 Business of the City by Motion: Town of Evanston Final Audit 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/CFO Subject: Town of Evanston FY2013 Audited Annual Financial Report Town of Evanston FY 2014 Jan-April 30 Audited Annual Financial Report Date: January 15, 2015 Recommended Action: Staff recommends that the Town of Evanston FY2013 Audited Annual Financial Report and the FY2014 Jan-April Audited Annual Financial Report be accepted and placed on file. Summary: Each year the City completes an independent audit of our financial performance for the prior year. Under separate cover you have received the following documents: • FY2013 Audited Annual Financial Report- This report provides a complete listing of all financial activities of the Town of Evanston for the 2013 fiscal year. Please note that this is a 9 month “year” due to the transition to a calendar fiscal year. • FY2014 Audited Annual Financial Report- This report provides a complete listing of all financial activities of the Town of Evanston for January-April 30, 2014. • The Communications from Auditor to Management and the City Council- This communication includes all comments from our independent Auditor, Baker Tilly Virchow Krause, LLP. Staff met with the Audit Manager of Baker Tilly and since the Township has been dissolved, there is no governing body which could approve the attached documents. At this time, staff requests that Council accept and place these documents on file as closing records for the Township financials. Attachments: Town of Evanston FY2013 Audited Annual Financial Report Town of Evanston FY 2014 Jan-April 30 Audited Annual Financial Report Communication from Auditors to Management Memorandum 86 of 401 TOWN OF THE CITY OF EVANSTON, ILLINOIS (A Blended Component Unit of the City of Evanston) ANNUAL FINANCIAL REPORT As of and for the nine months ended December 31, 2013 87 of 401 THI S PAGE IS INT ENTIONALLY LEFT BL ANK 88 of 401 Town of the City of Evanston, Illinois TA BLE OF CONTE NTS As of and for the nine months ended December 31, 2013 FI NA NC IAL SECTION Independent Aud itors' Report REQU IRED SUPPLEMENTARY INFORMATION Manageme nt's Discussion and Analysis BAS IC FI NANCIAL STATEMENTS Government-Wide and Governmental Funds Financial Statements Statement of Net Position -Governmental Activities Statement of Activities -Governmental Activities Fund Financial Statements Balance Sheet-Government Funds Statement of Revenues, Expenditures, and Changes in Fund Balances -Governmental Funds Reconciliation of the Statement of Reven ue, Expenditu res, and Changes In the Fund Balances of Governmental Funds to the Statement of Activities Index for the Notes to the Financial Statements Notes to Financial Statements REQUIRED SUPPLEMENTARY INFORMATION Illinois Municipal Retirement Fund Ten-Year Historical Trend Information Sched ule of Revenues, Expenditures, and Changes in Fund Balances -Budget And Actual -Governmental Funds Notes to the Required Supplementary Information SUPPLEME NTARY INFORMATION Governmental Funds i-ii 1-6 7 8 9 10 11 12 13-23 24 25-26 27 General Fund (Town Fund) Comparison of Expend itures with Budget 28-29 Special Revenue Fund (General Assistance Fund) Comparison of Expenditures with Budget 30-31 Property Tax Assessed Val uations, Rates, and Extensions and Collection Allocations 32 89 of 401 THI S PAGE IS INTENTIONALLY LEFT BL ANK 90 of 401 FINANCIAL SECTION 91 of 401 THI S PAGE IS INT ENTIONALLY LEFT BL ANK 92 of 401 To the Town Trustees Town of the City of Evanston Evanston, Illi nois INDEPEN DENT AUD ITORS' REPORT Report on the Financial Statements �AKER TILLY Baker Tilly Virchow Krause, LLP 130 I W 22nd St, Ste 400 Oak Brook, IL 60523-3389 tel 630 990 3\31 fax 630 990 0039 bakertilly.com We have audited the accom panying financial statements of the governmental activities and each major fund of the Town of the City of Evanston, Ill inois, as of and for the nine months ended December 31, 2013, and the related notes to the fi nancial statements, which collectively comprise the Town of the City of Evanston's basic financial statements as listed in the table of contents. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentat ion of these financial statements in accordance with accounting principles generally accepted in the Un ited States of America; this includes the design, implementation, and maintena nce of internal control relevant to the preparation and fair presentation of fi nancial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express opinions on these financial statements based on our aud it. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the fi nancial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the fi nancial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the fi nancial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the Town of the City of Evanston's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the Town of the City of Evanston's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as eval uating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. �anlndependantmemberof BAKER TILLY INTERNATIONAL Page i 93 of 401 To the Town Trustees Town of the City of Evanston Opinions In our opinion, the fi nancial statements referred to above present fairly, in all material respects, the res pective fi nancial position of the governmental activities and each major fund of the Town of the City of Evanston, Illinois, as of December 31, 2013 and the respective changes in fi nancial position thereof for the nine months then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter As discussed in Note A, the Town of the City of Evanston adopted the provisions of GASB Statement No. 65, Items Previously Reported as Assets and Liabilities, effective April 1, 2013. Our opinions are not modified with respect to this matter. As discussed in Note N, the Town of the City of Evanston was dissolved as of April 30, 2014. The City of Evanston took over the operations of the Town of the City of Evanston starti ng May 1, 2014. Our opinions are not modified with respect to this matter. Other Matters Required Supplementary Information Accou nting principles generally accepted in the United States of America require that the management's discussion and analysis, the IMRF ten-year historical trend information, and the Governmental Funds Schedule of Revenues, Expenditures and Changes in Fund Balances -Budget to Actual as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of fi nancial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inq uiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic fi na ncial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming opinions on the fi nancial statements that collectively comprise the Town of the City of Evanston's basic fi nancial statements. The su pplementary information as listed in the table of contents is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information is the respo nsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic fi nancial statements. The information has been subjected to the auditing procedures applied in the audit of the basic fi nancial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic fi na ncial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the su pplementary information is fairly stated in all material respects, in EJ:Y.r fin·vxm�, ·w Oak Brook, llli n1 June 4, 2014 Page ii 94 of 401 Town of the City of Evanston, Illinois MANAG EMENT'S DISCUSSION AN D ANALYSIS As of and for the nine months ended December 31, 2013 This section of the Town of the City of Evanston's (Township) annual financial report presents our discussion and analysis of the Township's financial performance duri ng the shortened nine month fiscal period that ended December 31, 2013. In 2013, the Township changed from a March fiscal year-end to a ca lendar year-end. Please read it in conjunction with the Township's fi nancial statements, which fo llow this section. The Township is a component unit of the City of Evanston (City), and moved into the City's building on September 23, 2013. FI NANCIAL HIGHLIGHTS The Township had a decrease in net position of $(745,027) at the entity-wide level primarily due to the change in year-end from March to December, which placed substantial real estate tax revenue into 2014. At the major fund level, the Town Fund had a deficiency of revenues under expend itures of $(83,780) and the General Assistance Fund had a deficiency of reven ues under expenditures of $(707,776). The General Assistance Fund and the Town Fund had unfavo rable and favorable expense budget variances respectively. OVERVI EW OF THE FINANCIAL STATEMENTS This annual fi nancial report con sists of fo ur parts -management's discussion and analysis (this section), the basic fi nancial statements, required supplementary information, and an optional section that presents comparisons of expend itures with budgeted amounts fo r governmental funds, as well as property tax information. The basic fi nancial statements include two kinds of state ments that present diffe rent views of the Township. 1. The first two state ments are government-w ide fi nancial statements that provide both long-term and short-term information about the Townshi p's overall fi nancial status. 2. The remaining statements are fu nd fi nancial information statements that focus on individual parts of the Township government, reporting the Township's operations in more detail than the government-wide statements. The governmental fu nds statements te ll how general government services like general assistance were financed in the short-term, as well as what remains for future spending. The fi nancial state ments also include notes that exp lain some of the info rmation in the financial state ments and provide more detailed data. The state ments are fo llowed by a section of req uired supplementary information that further explains and supports the information in the financial state ments. In addition to these req uired eleme nts, we have included a section with comparisons of actual expenditu res to budgeted amounts for each of the governmental fu nds and a schedule of ce rta in property tax information. The re mainder of this overview section of management's discussion and analysis explains the structure and contents of each of the Towns hip's fi nancial statements. Unaudited and see Aud itors' Report 1 95 of 401 Town of the City of Evanston, Illinois MANAG EMENT'S DISCUSSION AN D ANALYS IS As of and for the nine months ended December 31, 2013 Governme nt-w ide Statements The govern ment-wide state ments report info rmation about the Township as a whole using accounting methods similar to those used by private-sector companies. The state ment of net position includes all of the Township's assets, liabi lities, and deferred inflows. All of the current year's reve nues and expenses are accounted for in the statement of activities regardless of when cash is received or paid. The government-wide state ments report the Townshi p's net position and how they have changed. Net position -the difference between the Townsh ip's assets, liabilities, and defe rred inflows -is one way to measure the Township's fi nancial health, or position. Over ti me, increases or decreases in the Township's net position are an indicator of whether its fi na ncial health is improving or deteriorating, respectively. To assess the overall health of the Township, you need to consider add itional nonfinancial factors such as changes in the Townshi p's property tax base. The government-wide fi nancial state ments include the Town ship's governme ntal activities, such as general administration and general assistance. Property taxes finance most of these activities. Fund Financial Statements The fu nd financial state ments provide more detailed information about the Township's most significant fu nds -not the Townsh ip as a whole. Funds are accounting devices that the Town ship uses to keep track of specific sources of fu nding and spending for particular pu rposes. Some fu nds are req uired by state law. The Township Trustees esta blished other funds to control and manage money for particular purposes (like general assistance administration). The Township has established governmental fund types. The Township's services are included in governmental funds, which focus on (1) how cash and other fi nancial assets that can be read ily converted to cash flow in and out, and (2) the balances left at year-end that are available for spending. Conseq u ently, the governmental fu nds' state ments provide a detailed short-term view that helps you determine whether there are more or fewer fi nancial resources that can be spent in the near future to finance the Towns hip's progra ms. Because this information does not encompass the additional long term fo cus of the governme nt-wide statements, we provided additional information at the bottom of the governmental fu nds statement, or on the su bsequent page, that explains the relationship (or diff eren ces) between them. Unaudited and see Aud itors' Report 2 96 of 401 Town of the City of Evanston, Illinois MANAGEMENT'S DISCUSSION AND ANALYSIS As of and for the nine months ended December 31, and twelve months ended March 2013 FINANCIAL ANALYS IS OF THE TOWNSHIP AS A WHOLE The fo llowing is a summary of net position under the accrual basis of accounting. Net Position Current and other assets Capital assets, net of accu mulated depreciation and amort ization Tota l assets Lia bilities Deferred inflow of resou rces Net position: Net investment in capital assets Restricted Unrestricted Total net position Changes in Fund Balances Government Activities December 2013 March 2013 $ 1,809,531 $ 2,086,874 60,767 1,870,298 52,913 951,096 60,767 590,494 215,028 $ 866,289 14,238 2,101,112 489,796 14,238 1,298,270 298,808 $ 1,611,316 The Township has two govern mental funds. The fo llowing is the tota l of these fu nds under the modified accrual basis of accounting. Revenues Property taxes Interest income Replacement tax SSI re imbursement Tota l December 2013 $ 633,567 184 47,221 28,088 $ Unaudited and see Auditors' Report 3 709,060 March 2013 1,322,120 1,264 56,266 22,507 $ 1,402,157 97 of 401 Town of the City of Evanston, Illinois MANAGEMENT'S DISCUSSION AND ANALYS IS As of and for the nine months ended December 31, and twelve months ended March 2013 Changes in Fund Balance (Continued) Expenditures Supervisor Assessor Community Purchased Services Commun ity action Medical programs General Assistance Grants Ad min istrative Work Opportun ity Program -Program service Emergency Assistance Program Total expend itures Net change in fu nd balances Fund balance -beginning of year Fund balance -end of year Changes In Net Position December 2013 $ 63,127 137,621 53,758 124,655 634,575 427,294 2,798 56,788 1,500,616 (791 ,556) 1,597,078 $ 805,522 March 2013 $ 80,804 160,666 106,600 46,231 89,733 619,572 531,012 3,244 46,312 1,684,174 (282,017) 1,879,095 $ 1,597,078 The Township's change in net position, as reported in the state ment of activities on page 8, was a decrease of $7 45,027 for the fiscal nine months ended December 31, 2013. Revenues December 2013 Program re ve nues -charges for services $ General reve nues: Property and replacement taxes Investment income Total re ve nues Expenses: General govern ment General assistance Tota l expenses Change in net position $ Unaudited and see Aud itors' Report 4 28,088 680,788 184 709,060 239,104 1,214,983 1,454,087 (745,027) March 2013 22,507 1,378,386 1,264 1 ,402,157 395,145 1,299,802 1,694,947 $ (292,790} 98 of 401 Town of the City of Evanston, Illinois MANAG EMENT'S DISCUSSION AND ANALYS IS As of and for the nine months ended December 31, 2013 Most of the Township's reven ue ($680,788 for the nine months ended December 31, 2013) is derived from property and replacement taxes. The rema ining reve nue is primarily derived from interest earned on investments and assistance from Supplemental Secu rity Income (SSI) prog rams. The Township had $28,088 in total program reve nues and $680,972 in total general reve nues for the nine months ended December 31, 2013. The Township's expenses ($1 ,454,087 for the nine months ended December 31, 2013) cover general assistance, the Townsh ip Supervisor's offi ce, the Township Assessor's offi ce, and the Commu nity Action and Work Opportunity Progra ms. The Township incu rred $1,214,983 in general assistance program expenses, of wh ich, $396,167 was expensed for administrative expenses purposes, $816,018 was expensed fo r clients' medical, food, shelter and emergency services needs, and $2,798 was expensed fo r the Work Opportunity Prog ram, which provides direct services to welfare recipients. The Township incurred expenses for the operations of the Township Supervisor and Assessor offices and Commun ity Action services in the amount of $239,104 fo r the nine months ended December 31, 2013. FINANCIAL ANALYSIS OF THE TOWNSHIP'S FUNDS The Township has two major governmental funds: a general (Town) fund and a special revenue (General Assistance) fu nd. The Town Fund reported defic iencies of revenue and other financing sources under expend itures and other fi nancing uses of $(83,780) for the nine months ended December 31, 2013, as compared to $(61 ,034) for fiscal year ended March 31, 2013. The most significant changes were a $153,289 reduction in property tax revenue due to the shortened nine month reporting period, and a reduction in community purchased services of $106,600. The reduction in property tax reve nue was increased by a 3 day extension to March 41h for the first installment of property tax revenues. The General Assista nce Fund reported expend itures and other fi nancing uses over revenues and other fi nancing sources of $(707,776) for the nine months ended December 31, 2013, as compared to $(220,983) for fiscal year ended March 31, 2013. The most significant changes were a $535,264 reduction in property tax reve nue due to a shortened nine month reporting period, an increase in medical programs of $75,326 for a drug settlement with Walgreens, and general assistance grants for nine months ending December 31, 2013 that exceeded the twelve months for the fiscal year ended March 31, 2013 by $15,003. Budgetary Highlights The Township's appropriation ordinance, which is synonymous with its budget, was passed on June 111h, 2013, and was not amended. Actual ex penditures for the Town Fund were $12,577 under the final budgeted amou nt. Actual expenditures for the General Assistance Fund were $(219,558) over the fi nal budgeted amou nt. The most sign ificant expenditure variance for the General Assistance Fund was an increase in grants of $167,768. Capital Assets At December 31, 2013, the Towns hip had invested $88,933 in capital assets. The Township does not antici pate any significant activity related to the acqu isition or disposal of any capital assets for fiscal year 2014. Unaudited and see Aud itors' Report 5 99 of 401 Town of the City of Evanston, Illinois MANAG EMENT'S DISCUSSION AND ANALYS IS As of and for the nine months ended December 31, 2013 The Township's capital ass ets, net of accu mulated depreciation and amortization, are as fo llows: Government Activities December 2013 March 2013 Capital assets being depreciated and amortized Accumu lated depreciation and amortization Total assets $ $ 88,933 (28. 166) 60,767 $ $ Further capital asset information can be fo und in Note F of the notes to fi nancial statements. ECONOMIC FACTORS AND NEXT YEAR'S BUDGET AND RATES 190,632 (176,394) 14,238 Due to the continued economic reces sion, the Township could see similar levels in the Township's case load. The Township will conti nue to provide emergency assistance that was previously provided by the City. No costs for the program will be re imbursed by the City. CONTACT ING THE TOWNSHIP'S MANAGEMENT This fi nancial report is designed to provide our citizens, taxpayers, clie nts, and cred itors with a general overview of the Township's fi nances and to demonstrate the Township's accountability for the money it receives. If you have questions about this report or need additional fi nancial information, contact th e Township's Ad ministrative Offi ce, 2100 Ridge Avenue, Room 1600, Evanston, IL, 60201. Unaudited and see Aud itors' Report 6 100 of 401 BASIC FINANCIAL STATEMENTS 101 of 401 THIS PAGE IS INTENTIONALLY LEFT BLA NK 102 of 401 Town of the City of Evanston, Illinois STATEMENT OF NET POSITION -GOVERNME NTAL ACTIVI TIES December 31, 2013 Assets Cash and equivalents Prepaid expenses Receivables Property taxes, net of allowances Replacement taxes Capital assets, net of accu mu lated depreciation and amortization Total assets Lia bilities Accounts payable and accrued expenses Deferred inflows of resources Property taxes levied for future periods Net position Net investment in capital assets Restricted by enabling leg islation -general assistance Unrestricted Total net position The accompanying notes are an integral part of this statement 7 $ 626,104 50,543 1,122,306 10,578 60,767 1,870,298 52,913 951,096 60,767 590,494 215,028 $ 866,289 103 of 401 Town of th e City of Evanston, Illinois STATEMENT OF ACTIVITI ES -GOVE RNMENTAL ACTIVITIES For the nine months ended December 31, 2013 Programs Governmental activities: General government General assistance Tota l governmental activities General revenues: Property and replacement taxes Investment income Total general revenues Change in net position Net position -beginning Net position -ending Expenses $ 239,104 1,214,983 $ 1,454,087 The accompanying notes are an integral part of this statement 8 Program Revenues Charges For Services $ 28,088 $ 28,088 Net Expense and Changes in Net Position $ (239, 104) {1.186,895) (1 ,425,999) 680,788 184 680,972 (745,027) 1,611,316 $ 866,289 104 of 401 Town of the City of Evanston, Illinois BALAN CE SHEET- GOVERNMENTAL FUNDS December 31, 2013 Special Revenue General (General) (Town Fund} Assistance Fund ASS ETS Cash and equ ivalents $ 186,989 $ 439,115 Receivables Property taxes, net of allowance 235,753 886,553 Replacement taxes 10,578 Prepaid expenses 50,543 Due from oth er fund 14,446 Total assets $ 433,320 $ 1,390,657 LIABI LITI ES, DEFERRED INFLOWS, AND FUND BALANCE Current liabi lities Acco unts payable and accrued expenses $ 3,813 $ 49,100 Due to other fund 14,446 Total liabilities 18,259 49,100 Deferred inflows of resources Property taxes levied for future periods 200,033 751,063 Total liabilities and defe rred inflows 218,292 800,163 Fund balance Nonspen dable 50,543 Restricted 539,951 Unassigned 215,028 Total fu nd balance 215,028 590,494 Total li abilities, deferred inflows, and fund balance $ 433,320 $ 1,390,657 Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not fi nancial resou rces and, the refo re, are not reported in the governmental fu nds Net position of governmental activities The accompanying notes are an integral part of this state ment 9 Total $ 626,104 1 '122,306 10,578 50,543 14,446 $ 1,823,977 $ 52,913 14,446 67,359 951,096 1,018,455 50,543 539,951 215,028 805,522 60,767 $ 866,289 105 of 401 Town of the City of Evanston, Illinois STATEM ENT OF REVE NUES, EXP ENDITURES, AND CHANGES IN FUND BALANC E- GOVERNMENTAL FUNDS For the nine months ended December 31, 2013 General (Town Fund) Revenues Property taxes $ 123,459 Interest income 46 Replacement tax 47,221 SSI re imbursement Total revenues 170,726 Expend itures Supervisor 63,127 Assessor 137,621 Community purchased services Community action 53,758 Med ical program General assista nce grants Ad mi nistrative Work opportu nity program Program service Emergency assistance program Total expenditures 254,506 Net change in fu nd balances (83,780) Fund balance Beginning of year 298,808 End of year $ 215,028 The acco mpanying notes are an integral part of this state ment 10 Special Revenue (General) Assista nce Fund $ 510,108 138 28,088 538,334 124,655 634,575 427,294 2,798 56,788 1,246,110 (707,776) 1,298,270 $ 590,494 Total $ 633,567 184 47,221 28,088 709,060 63,127 137,621 53,758 124,655 634,575 427,294 2,798 56,788 1,500,616 (791,556) 1,597,078 $ 805,522 106 of 401 Town of the City of Evanston, Illinois RECONCILIAT ION OF THE STATEMENT OF REVENUE, EX PEN DITURES, AND CHANGES IN THE FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEM ENT OF ACTIVITIES For the nine months ended December 31, 2013 Amounts reported for governmental activities in the state ment of activities are different becau se: Net change in fund balances -total governmental fu nds Governmental funds report capital outlays as expenditu res. However, in the state ment of activities, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. Th is is the amount by which capital outlays exceeded depreciation and amortization expense, and a $4,296 loss on disposals, in the current period. Change in net position of governmental activities The accompanying notes are an integral part of this statement 11 $ (791,556) 46,529 $ (745,027) 107 of 401 THIS PAGE IS INTENTION ALLY LEFT BLANK 108 of 401 Town of the City of Evanston, Illinois INDEX FOR THE NOTES TO THE FI NAN CIAL STATEMENTS As of and for the nine months ended December 31, 2013 NOTE A. Summary of Significant Accounting Policies 1. Government-Wide and Fund Financial Statements 2. Fund Accou nting 3. Measurement Focus, Basis of Accounting, and Financial Statement Presentation 4. Cash and Equivalents 5. Prepaid Assets 6. Capital Assets 7. Deferred Inflows of Reso urces 8. Fund Equity 9. Items Previously Reported as Assets and Liabilities 10. lnte rfu nd Transactions 11. Use of Estimates B. Reconciliation of Government-Wide and Fund Financial Statements C. Stewardship, Compliance and Acco unta bility D. Deposits and Investments E. Receivables -Property Taxes F. Capital Assets G. lnterfu nd Receivables, Payables and Transfers H. Unearned Property Tax Revenue I. Risk Management J. Operating Leases K. Expense Reimbursements and Related-Party Tansactions 1. Supplemental Security Income (SS I) L. Defined Benefit Pension Plan M. Effect of New Accounting Standards on Current Period Financial Statements N. Subsequent Events 12 14 14 15 16 16 16 16 16-18 18 18 18 18 19 19 19-20 20 20 21 21 21 22 22-23 23 23 109 of 401 THIS PAGE IS INTE NTIONA LLY LEFT BLANK 110 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the nine months ended December 31, 2013 NOTE A-SUMMARY OF SIGNIFICANT ACCOUNTING POLI CIES The acco unting policies of the Town of the City of Evanston (Townsh ip) are based upon accounting principles generally accepted in the United States of America as applicable to governmental units. The Township was incorporated in 191 6. The Town ship administers General Assistan ce, a public welfare program ass igned by Illinois law to townshi ps. Eligible cl ients receive General Assistance for food, shelter, and medical needs. Through the Town Fund levy, the Township also supports a number of community action programs wh ich provide direct services to welfare recipients. The Township has two elected officials, the Supervisor and the Assessor, each elected for a fou r-year term. The Supervisor is res ponsible for Town ship fu nds and for the admin istration of General Assistance. The Assessor does not actually assess property; that function is carried out by the Cook County Assessor. The Township Assessor serves as a taxpayer's advocate, helping citizens with tax related questions. The Assessor also works to assure eq u ity of assessments, and maintains records of building and demolition permits and of all tax-exempt properties. This report incl udes all of the fu nds of the Township. The reporti ng entity for the Town ship consists of (a) the primary government, (b) organizations for which the primary government is fi nancially accountable, 'and (c) other organizations for which the nature and significance of their relationship with the primary government are such that their exclusion would cause the reporting entity's fi nancial statements to be misleading or incomplete. A legally separate organization should be reported as a component unit if the elected officials of the primary government are financially accountable to the organ izations. The primary government is fi nancial ly accountable if it appoints a voting majority of the organization's governing body and (1) it is able to impose its will on that organization or (2) there is a pote ntial for the organ ization to provide specific fi nancial benefits to or burdens on the primary governme nt. The primary government may be fi nancially accountable if an organ ization is fisca lly dependent on the primary gove rnment. The Tow nsh ip is governed by a Town ship Board of Trustees and provides services with in the same geographic boundaries as the City. The Township's Board of Trustees is the same as the City Council. The Township board levies taxes and is res ponsible for adopting the Town budget and approving payment of bills. The Township Board of Trustees can issue debt on its own behalf, and such debt can be issued in the Town ship's name alone. The Township is a component unit of the City and, although legally separate, it is part of the City's reporting entity and its fi nancial state ments are blended with fhe City's in the City's comprehensive annual fi nancial report. The fi nancial statements of the Town ship have been prepared in conformity with accounting principles generally accepted in the Untied States of America as applied to governmental units (hereinafter refe rred to as generally accepted acco unting principles (GAAP). The Governmental Accounting Standards Board (GASB) is the accepted st andard-setting body for establishing governmental accounting and fi nancial reporti ng princi ples. 13 111 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the nine months ended December 31, 2013 NOTE A-SUMMARY OF SIGN IFICANT ACCOUNTI NG POLI CIES -(Continued) The more significant of the Tow nsh ip's accounting policies are described below. 1. Government-Wide and Fund Financial State ments The governme nt-wi de fi nancial statements (i.e., the state ment of net position -governmental activities and the state ment of activities) report info rmation on all activities of the Township. For the most part, the effect of interfund activity has been removed from these statements. The state ment of activities demonstrates the degree to which the direct expenses of a given function, or seg m ent, are offs et by program revenues. Direct expenses are those that are clearly identifiable with a specific fu nction or segment. Prog ram revenues include 1) charges to clients or applicants who use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operatio nal or capital requirements of a particular function or segment. Taxes and other items not properly incl uded among program reve nues are reported instead as general reve nues. Major individual governmental fu nds are reported as separate col umns in the fund fi nancial state ments. 2. Fund Accounting The Township uses fu nds to report on its fi nancial position and the results of its operations. A fund is a separate accounting entity with a self-ba lancing set of accou nts. Fund accounting is desig ned to demonstrate legal com pliance and to aid fi nancial management by segregating transactions related to certa in government functions or activities. Governmental fu nds are used to account for all of a government's general activities, including the collections and disbursement of earmarked monies (special revenue funds) and the general fund, which is used to acco unt for all activities of the general government not accounted for in the special reve nue fund. The government-wide fi nancial state ments are reported using the economic resou rces measurements and fo cus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year they are intended to finance, as determined by the Trustees. Grants and similar items are recogn ized as revenue as soon as all eligibility req uirements imposed by the provider have been met. 14 112 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the nine months ended December 31, 2013 NOTE A-SUMMARY OF SIGN IFI CANT ACCOUNTING POLICIES -(Continued) 3. Measurement Focus -Basis of Accountinq, and Financial Statement Presentation Governmental fund fi nancial state ments are reported using the current financial resources measurements focus and the modified accrual basis of accounting. Revenues are recog nized as soon as they are both measurable and ava ilable. Revenues are considered to be available when they are collecti ble within the cu rrent period or soon enoug h thereafter to pay liabilities of the current period. For th is pu rpose, the Township considers re ve nues to be available if they are col lected with in 60 days after December 31, 2013, and March 31, 2013 for the previous fiscal year end. Expenditu res generally are recorded when a liability is incurred, as under accrual accounting. However, debt services expen ditures, as well as expend itures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, inte rest, and expense re imbursements associated with the cu rrent reporting period are all consid ered to be susceptible to accrual and so have been recogn ized as revenues of the current reporting period. All other reve nue items are considered to be measurable and available only when cash is received by the Township. The Township reports the following major governmental fu nds: General Fund The General Fund, sometimes referred to by the Township as the Town Fund, is the general operating fund of the Township. It is used to account for all fi nancial resources except those req uired to be accounted for in another fund. Specia l Revenue Fund The Special Revenue Fund -General Assistance Fund is used to account for the proceeds of specific revenue sources re quiring sepa rate accounting because of legal or regulatory provisions or administrative action. As a general rule, the effect of interfu nd activity has been eliminated from the government-w ide fi nancial statements. Amounts reported as program reve nues incl uded charges to clients or applicants for goods, services, or privileges provided. Interna lly dedicated resou rces are reported as general revenues rather than as program reve nues. Likewise, general reve nues include all taxes. The Township reports property taxes levied for future periods on its fi nancial statements. Deferred inflows of resou rces arise when pote ntial re venue does not meet both the "measurable" and "ava ilable" criteria for recognition in the cu rrent period. Deferred inflows of resou rces also arise when resou rces are received by the Township before it has a legal claim to them, as when grant mon ies are received prior to the incurrence of qua lifying expenditures. In subsequent periods, when both reve nue recognition criteria are met, or when the Township has a legal claim to the resources, the defe rred inflows of resources are removed from the fi nancial state ments and re venue is recog nized. 15 113 of 401 Town of the City of Evanston, Illinois NOTES TO THE FI NANCIAL STATEMENTS As of and fo r the nine months ended December 31, 2013 NOTE A-SUM MARY OF SIGN IFICANT ACCO UNTING POLICIES-(Contin ued) 4. Cash and Equiva lents Cash and equ ivalents represent cash on hand, cash deposited in interest-bearing and non-interest bear ing checking accou nts, and cash deposited with the Illinois Funds. 5. Prepa id Assets Certa in payments to ve ndors reflect costs applicable to future accounting periods and are recorded as prepaid items in both the govern ment-wide and fu nd fi nancial statements. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased. 6. Capital Assets Capita l assets, which incl ude property and equipment, are re ported in the applicable governmental col umns in the govern ment-wide fi nancial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $1,000 and on esti mated life over one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at esti mated fa ir market value at the date of donation. The costs of normal maintenance and re pairs that do not add to the value of the asset or materially extend assets' lives are not capital ized. Major outlays for capital assets and improvements are capital ized as projects are constructed. Property and eq uipment are depreciated, and software is amortized, using the straig ht-l ine method over the fo llowing estimated usefu l lives: Computer software Computer and office equipment Furniture and fi xtures 7. Deferred Inflows of Resou rces 3 Years 10 Years 15 Years A deferred inflow of re sou rces represents an acq uisition of net position that applies to a future period and therefore will not be re cogn ized as an inflow of resou rces (revenue) until that future time. 8. Net Assets/F und Equ ity In February 29, 2009, the GAS B issued state ment no. 54 -Fund Balance Reporting and Governmental Fund Type Definitions. This state ment establishes fund balance classifications based primarily on the extent to which the government is bound to honor constraints on the use of the resou rces re ported in each governmental fund as we ll as esta blishes additional note disclosures regarding fund balance classifi cation policies and procedures. In the Government-Wide State ments, equ ity is classified as net position and displayed in three components: 1. Net investment in capita l assets -Consists of capital assets including restricted capital assets, net of accumulated depreciation. 16 114 of 401 Town of the City of Evanston, Illinois NOTES TO TH E FI NANCIAL STATEM ENTS As of and for the nine months ended December 31, 2013 NOTE A-SUM MARY OF SIGNIFI CANT ACCOUNTING POLICIES -(Continued) 8. Net Assets/Fu nd Equity-(Continued) 2. Restricted net position -Consists of net position with constraints placed on their use either by a) exte rnal groups such as creditors, gra ntors, contributors, or laws or reg ulations of other governments or, b) law through con stituti onal provi sions or enabling legislation. 3. Unrestricted net position -All other net position that do not meet the definitions of "restricted" or "invested in capital assets, net of related debt." When both restricted and unrestricted resources are available for use, it is the Township's policy to use restricted resources first, then unrestricted resources as they are needed. In the Fund Accounting Statements, governmental eq uity is classified as fund balance. In accordance with Governmental Accounting Standards Board Statement No. 54 -Fund Balance Reporting and Governmental Fund Type Definitions, the Town ship classifies governmental fund balance as fo llows: 1. Nonspendable -Includes fu nd balance amounts that ca nnot be spent either because they are not in spendable form or because legal or contractual requirements re quire them to be maintained intact. 2. Restricted -Consists of fund balances with constraints place on their use either by 1) external groups such as creditors, grantors, contributors, or laws or regu lations of other governments or 2) law through con stitutional provisions or enabling legislation. 3. Committed -Includes fund balance amounts that are constrained for specific pu rposes that are internally imposed by the government through fo rmal action of the hig h est level of decision making authority. Fund balance amounts are co mmitted through a fo rmal action (ordinance) of the Township. This fo rmal action must occur prior to the end of the reporti ng period, but the amount of the commitment, which will be subject to the constraints, may be determined in the subsequent period. Any changes to the constraints imposed require the same fo rmal action of the Township that originally created the com mitment. 4. Assigned -Includes spendable fu nd balance amounts that are intended to be used for specific purposes that are not con sidered restricted or committed. Fund balance may be assigned through the fo llowing; 1) The Township adopts a fi nancial policy through board action to assign amou nts for a specific purpose. 2) All remaining positive spendable amounts in governmental funds, other than the general fu nd, that are neither restricted nor committed. Assig nments may take place after the end of the reporting period. 5. Unassigned -Includes resid ual positive fund balance within the general fund which has not been classifi ed within the other above mentioned categories. Unassigned fund balance may also include negative balances for any governmental fund if expenditures exceed amounts restricted, committed, or assigned for those purposes. 17 115 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the ni ne months ended December 31, 2013 NOTE A-SUMMARY OF SIGNIFICANT ACCOUNTING POLI CIES-(Continued) 8. Net Assets/Fund Equity -(Continued) The Township considers restricted amounts to be spent first when both restricted and unrestricted fund balance is available unless there are legal documents I contracts that prohi bit doing this, such as in grant agreements req uiring dollar for dollar spending. Additionally, the Township would fi rst use committed, then assigned and lastly unassigned amounts of unrestricted fu nd balance when expenditures are made. The restricted fund balances are for the purpose of the respective fu nds as described in the Measurement Focus -Basis of Accounting, and Fi nancial Statement Presentation. 9. Items Previously Reported as Assets and Liabilities In March 2012, the GAS B issued statement No. 65 -Items Previously Reported as Assets and Liabilities. This statement esta blishes accounting and fi nancial reporting standards that reclassify, as deferred outflows of resou rces or deferred inflows of resou rces, certain items that were previo usly reported as assets and lia bilities and recognizes, as outflows of resou rces or inflows of resou rces, certain items that were previo usly reported as assets and liabilities. This standard was implement effective April 1, 2013. 10. lnterfu nd Tran sactions Quasi-exte rnal transactions are accou nted for as reve n ues, expenditures, or expenses. Transactions that con stitute rei mbursements to a fund for expenditures/expenses initially made from it that are properly applicable to another fund are record ed as expenditures/expenses in the reimbursing fund and as reductions of expenditures/expenses in the fund that is rei mbursed. All other interfu nd tran sactions, except qua si-exte rnal transactions and rei mbursements, are reported as operati ng tran sfers. 11. Use of Estimates In preparing fi nancial statements, management is required to make estimates and assumptions that affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amou nts of revenues and expenses during the reporting period. Actual results co uld differ from those estimates. NOTE B-RECONCILIATI ON OF GOVE RNMENT-WI DE AND FU ND FINANC IAL STATEMENTS Explan ation of certain differen ces between the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds and the Government-Wide Statement of Activiti es: One element of that reconciliation explains that "Governmental fu nds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense." Details of this difference are as follows: Capital outlay Depreciation and amortization and loss expense Net adjustments to decrease net changes in fu nd balances -total governmental fu nds to arrive at changes in net assets of governmental activities 18 $ 58,300 (11,771) $ 46,529 116 of 401 Town of the City of Evanston, Illinois NOTES TO THE FI NAN CIAL STATE MENTS As of and for the nine months ended December 31, 2013 NOTE C-STEWARDS HIP, COMPLIANCE AND ACCO UNTAB ILITY Excess of Expenditures over Budget For the nine months ended December 31, 2013, budget expenditu res exceeded actual by $12,577 in the General Fund (Town Fund), and actual expenditures exceeded budget by $(219,558) in the General Assistance Fund. No excess funding was required by the available fund balances. NOTE D-DEPOSITS AND INVESTM ENTS As of December 31, 2013, the carrying amount of the Township's deposits, including cash on hand of $218, was $164,410. The financial institutions' balances totaled $205,628. The Township also had investments in the Illinois Funds in the amount of $461,694 at December 31, 2013. The Illinois Funds are managed by the Illinois State Treasurer as provided by state statutes. Illinois Funds is not registered with the SEC as an investment company, but does operate in a manner consistent with Rule 2a7 of the Investment Act of 1940. The fair value of the position in the Illinois Funds is the same as the Tow nship interest in the funds and is maintained at $1 per share. Interest Rate Risk. The Township's investment policy does not limit investment maturities as a means of managing its exposure to fair va lue losses arising from increasing interest rates. The objective is to maintain safety of fu nds invested and obtain the maximum rate of return consistent with prudent investment principles. The Illinois Funds are due on demand. Credit Ris k. State law limits investments in commercial paper, corporate bonds, and mutual bond fu nds to the top two ratings issued by natio nally recognized statistical rati ng orga nizations. The Township's investment policy fu rth er limits investment choices by not allowing investments in corporate bonds or mutual bond funds. As of December 31, 2013 , Illinois Funds were rated AAAm by Standard & Poor's. Custodial Credit Risk. For an investment, custodial credit ri sk is the ris k that, in the event of the fa ilure of the cou nterpart, the Township will not be able to recover the value of its investment or co llateral secu rities that are in the possession of an outsid e pa rty. As of December 31, 2013, none of the Township's cash was exposed to custodial risk because it was uninsured and uncollateralized. Concentra tio n of Cre dit Risk. It is the po licy of the Township to diversify its investment portfo lio. Investments shall be diversified to eliminate the risk of loss resulting in over conce ntration in a security, maturity, issuer, or class of securities. NOTE E-RECE IVABLES -PROPERTY TAXES Cook Cou nty Treasurer co llects property taxes and periodica lly remitts them to all taxing bodies, including the Township. Distributions are made more ofte n during the two main collections periods. Property taxes are levied on a ca lendar yea r basis by passage of a tax levy ordinance. The property tax ca lendar for Cook County is as fo llows: Lien Date Levy Date First Insta llment Due Date (55% of prior bill) Second Installment Due Date (balance of total bill) 19 January 1 of Levy Year December of Levy Yea r March 1 of Year fo llowing Levy Year August 1 of Year fo llowing Levy Year 117 of 401 Town of the City of Evanston, Illinois NOTES TO THE FI NANCIAL STATEMENTS As of and for the nine months ended December 31, 2013 NOTE E-RECE IVABLES -PROPERTY TAX ES-(Contin ued) For governmental funds, property taxes which are due within the nine months ended December 31, 2013, and col lected with in 60 days su bsequent to year-end are recogn ized as revenues. The uncollected portion of the 2013 property tax levy is recogn ized as a rece ivable at December 31, 2013, net of esti mated uncollectible amou nts of approximately 2%. Taxes col lected after this 60-day period are recorded as unearned property tax revenue. NOTE F -CAPITAL ASS ETS Capital asset activity fo r the nine months ended December 31, 2013 was as follows: Beginning Capital assets Balance Additions Deletions Furniture and fixtures $ 1,141 $ 40,196 $ Computer and offi ce eq uipment 83,906 18,104 71,414 Computer software 105,585 88,585 Total capital assets being depreciated and amortized 190,632 58 300 159,999 Less accu mulated depreciation for Furn iture and fixtures 312 792 Less accumulated depreciation and $4,296 Loss for computer and office equipment 75,496 6,730 71,414 Less accumu lated amortization for Computer software 100.586 4 249 88,585 Total accumulated depreciation and amortization 176,394 11 771 159,999 Capital assets, net :l! 14.238 :l! 46,5 29 :l! Depreciation and amortization expense, and $4,296 loss on disposal of previous system, were charged to programs of the Towns hip as fo llows: General government $ 965 General assistance 10,806 Total depreciation and amortization and loss expense .:l!.__1_1,li1 NOTE G-INTERFU ND RECE IVAB LES. PAY ABLES AND TRANSFERS lnte rfu nd Balances Ending Balance $ 41,337 30 ,596 17 000 88,933 1,104 10,812 16 250 28,166 :l! 60.767 locations phone As of December 31, 2013, there was an interfund balance payable from the General (Town) Fund to the General Assistance Fund in the amount of $14,446. The amount is due with in one year. The balance resu lted from the time lag between the dates that (1) interfu nd goods and services are provided or re imbursable expenditures occur, (2) transactions are recorded in the accounting systems, and (3) payments between fu nds are made. 20 118 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the nine months ended December 31, 2013 NOTE H-UNEARNED PROPERTY TAX REVENUE Unearned property tax re venue represents the net portion of the 2013 property tax levy that will not be co llected with in 60 days of the To wnship's December 31, 2013 year-end. This amounts to $951 ,096 at December 31, 2013. NOTE I -RISK MANAGEM ENT The To wnship participates in the To wnship Officia ls of Illinois Risk Management Agency (TO IRMA). TOI RMA is an organ ization of townships in Illinois wh ich have fo rmed an association under the Illinois Intergove rnmental Cooperation Statute to pool risk management needs. The Agency admin isters a mix of self-insurance and commercial insurance coverag es; property/cas ualty and workers' compensation claim administration/litigation management services; unemployment claim administration; exten sive ri sk managemenUioss control consulting and training programs; and a ri sk information system and fi nancial reporting service for its members. The Township would be liable for the excess of any claims over pol icy limits or for any claims that TOI RMA wou ld be fi nancially unable to pay. The Townsh ip's payments to TOI RMA are displayed on the fi nancial state ments as expenditures in the appropriate funds. With Township population of 10,001 and over, the ded uctibles are $500 for property coverage, $1,000 for Employee Benefits coverage, $20,000 for Public Officials -All Other Claims coverage, and $60,000 for Public Officials -Employee Related Claims coverage. TOI RMA has a mix of self-insurance and commerci al insurance at various amou nts. Claims have not exceeded the total insurance coverage in any of the last three years. TOI RMA has net assets of $26,008,878 at May 31, 2013. The Township's premium expense was $5,095 fo r the nine months ended December 31, 2013. Information ca n be obtained by writi ng TO IRMA at Town Center Building , 2 East Main Street, Danvil le, IL 61832-5850. NOTE J-OPERATING LEAS ES The Township had an operati ng lease for office space, which was paid for by both the Town Fund and the General Assistance Fund. The Township was res ponsible for base rental payme nts, as well as proportional share of real estate taxes and common area maintenance. The lease required monthly rental payments of $6,791 through September 2013. The Township also has two operating leases for offi ce equipment which are paid from the General Assistance Fund with 60 month lease terms. Rental expense for these leases totaled $46,455 for the nine months ended December 31, 2013. Minimum annual lease payments are as fo llows: 21 Year Ending December 31 2014 2015 2016 $ $ 7,612 1,979 852 10 443 119 of 401 Town of the City of Evanston, Illinois NOTES TO THE FI NANCIAL STATEMENTS As of and for the nine months ended December 31, 2013 NOTE K-EXP ENSE REIMBURSEMENTS AND RELATED-PARTY TRANSACTIONS 1. Supplemental Secu rity Income (SSI) During the year, a number of the Township's General Assistance clients are determined to be eligible for SSI ben efits. These clients, as a condition of re ceiving assistance from the Town ship, must re imburse the Township's assistance upon being declared eligible for SSI. NOTE L-DEFINED BENEFIT PENSION PLAN Pla n Description. The Township's defined benefit pension plan for Regular employees provides reti rement and disability benefits, post reti rement increases, and death benefits to plan members and beneficiaries. The Township plan is affiliated with the Illinois Municipal Retirement Fund (IMRF), an agent multiple-employer plan. Benefit provisions are establ ished by statute and may only be changed by the General Assembly of the State of Illinois. IMRF issues a publicly available fi nancial report that includes fi nancial state ments and requ ired supplementary information (RSI). That report may be obtained on-line at www.imrf.org. Funding Policy. As set by statute, the Township Regular plan members are required to contribute 4.50 percent of their annual covered salary. The statute re quires the Township to contribute the amount necessary, in add ition to member contributions, to finance the retirement coverage of its own employees. The Township annual re quired contribution rate fo r calendar year 2013 was 8.61 percent. The Township also contributes for disability benefits, death ben efits and supplemental retirement benefits, all of wh ich are pooled at the IMRF level. Contribution rates for disabil ity and death benefits are set by the IMRF Board of Trustees, while the supplemental reti rement benefits rate is set by statute. Annual Pension Cost. The re quired contribution for calendar year 2013 was $28,037. Calendar Year Ending 12/31/13 12/31/12 12/31/11 Three-Year Trend Info rmation for the Regu lar Plan An nual Pension Cost (A PC) $ 28,037 29,342 25,655 Percentage of APC Contrib uted 100% 100% 100% Net Pension Obligat ion $0 0 0 The re quired contribution for 2013 was determined as part of the December 31, 2011, actuarial valuation using the entry age normal actuarial cost method. The actuarial assumptions at December 31, 2011, incl uded (a) 7.5 percent investment rate of re turn (net of admin istrative and direct investment expenses), (b) projected salary increases of 4.00% a year, attributable to inflation, (c) additional projected salary increases ra nging from 0.4% to 10% per year depending on age and service, attri buta ble to senio rity/merit, and (d) post-retirement benefit increases of 3% annual ly. The actuarial value of the Township Regular plan assets was determined using tech niques that spread the effe cts of short-term volatil ity in the market value of investments over a five-year period with a 20% corridor between the actuarial and market value of assets. The Township Regular plan's unfu nded actuarial accrued liability at December 31, 201 1 is being amortized as a level percentage of proj ected payro ll on an open 30 year basis. 22 120 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and fo r the nine months ended December 31, 2013 NOTE L-DEFINED BENEFIT PENSION PLAN-(C ontinued) Funded Status and Funding Progress. As of December 31, 2013, the most recent actuarial valuation date, the Regular plan was 106.73 percent funded. The actuarial accrued liabi lity for benefits was $470,077 and the actuarial value of assets was $501,694, res ulting in an overfu nded actuarial accrued liability (UAAL) of $31,617. The covered payroll for ca lendar year 2013 (annual payroll of active employees covered by the plan) was $325 ,630. Because the plan is overfu nded, there is no ratio of the UAAL to the covered payroll. The schedule of fu nding prog ress, presented as req uired supplemental info rmation (RS I) fo llowing the notes to the fi nancial statements, presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasi ng over time relative to the actuarial accrued liability for benefits. NOTE M -EFFECT OF NEW ACCOUNTING STAN DARDS ON CURRENT FINANCIAL STATEM ENTS The Governmental Accounting Standards Board (GASB) has approved State ment No. 66, Technical Corrections -2012 -an amendment of GAS B Statements No. 10 and No. 62; Statement No. 67, Financial Reporting for Pension Plans -an amend ment of GAS B Statement No. 25; Statement No. 68, Accou nting and Fi nancial Reporting for Pensions -an amendment of GAS B State ment No. 27 ; Statement No. 69, Government and Disposals of Government Operations; and Statement No. 70, Acco unting and Financial Reporti ng for Nonexchange Financial Guarantees. Application of these standards may restate portions of these fi nancial statements. NOTE N-SUBSEQUENT EVENTS The voters of Evanston Township decided on March 181h, 2014, to dissolve the Township organization. The dissolution was certified by the Cook Cou nty Clerk's office on Apri l 81h, 2014. Eva nston Township ceased operations on April 30, 2014. On May 1, re sponsibilities for general assistance and emergency programs transfered to the City's Health Department and res ponsibilities for property tax assessment advising services tran sfered to the City's Ad min istrative Services Department. 23 121 of 401 THI S PAGE IS INTENTIONALLY LEFT BL ANK 122 of 401 REQUIRED SU PPLEME NTARY INFOR MATION 123 of 401 TH IS PAGE IS INT ENTION ALLY LEFT BLA NK 124 of 401 Actu arial Valuation Date 12/31/13 12/31/12 12/31/11 12/31/10 12/31/09 12/31/08 12/31/07 12/31/06 12/31/05 12/31/04 Town of the City of Evanston, Illinois REQUIRED SUPPLEMENTARY INFORMATION ILLINOIS MUNICIPAL RETIREMENT FUND TEN-YEAR SCHEDULE OF FUNDING PROGRESS HISTORICAL TREND INFORMATION December 31, 2013 Actuarial Actu arial Accrued Unfu nded Value of Liability (AAL) AAL Funded Covered Assets --Entry Age (UAAL) Ratio Payroll (a} (b} (b-a} (alb} (c} $ 501,694 $ 470,077 $(31,617) 106.73% $ 325,630 393,759 495,178 101,419 79.52% 348,889 291,690 279,973 (11,717) 104.19% 358,316 331,048 305,956 (25,092) 108.20% 334,330 476,660 380,918 (95,742) 125.13% 330,215 405,691 317,964 (87,727) 127.59% 261,152 612,352 360,059 (252,293) 170.07% 388,122 514,875 321,366 (193,509) 160.21% 344,707 413,112 253,244 (159,868) 163.13% 314,044 612,303 450,398 (161 ,905) 135.95% 325,805 UAAL as a Percentage of Covered Payroll ((b-a}/c} 0.00% 29.07% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% On a market value basis, the actuarial value of assets as of December 31, 2013 is $674,732. On a market basis, the funded ratio wo uld be 143.54%. The actuarial va lue of assets and accrued liability cover active and inactive members who have service credit with Evanston City Township. They do not include amounts for retirees. The actuarial accrued liability for retirees is 100% funded. See notes to req uired supplementary information and auditors' report 24 125 of 401 Town of the City of Evanston, Illinois REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF REVENU ES, EXPENDITU RES, AND CHANGES IN FUND BALANCES -BUDGET AND ACTUAL GOVERNMENTAL FUNDS For the nine months ended December 31, 2013 General S�ecial Revenue Town Fund General Assistance Fund Orig inal and Original and Final Budgeted Variance with Final Budgeted Variance with Amou nts Actual Final Budget Amou nts Revenues Property taxes $ 110,000 $ 123,459 $ 13,459 $ 500,000 Interest income 225 46 (179) 300 Replacement tax 37,500 47,221 9,721 SSI re imbursement ---5,625 Total re venues 147,725 170,726 23,001 505,925 Expenditures Supervisor 66,010 63,127 2,883 Assessor 136,908 137,621 (713) Community purchased services 4,950 -4,950 Community action 54,215 53,758 457 Legal services 5,000 -5,000 Medical programs ---94,125 General assistance grants ---506,844 Ad ministrative ---400,583 Work opport un ity program program services ---- Emergency assistance program ---25,000 Total expend itures 267,083 254,506 12,577 1,026,552 See notes to re quired supplementary info rmation and auditors' report 25 Actual Final Budget $ 510,108 $ 10,108 138 (162) 28,088 22,463 538,334 32,409 124,655 (30,530) 634,575 (127,731) 427,294 (26,711) 2,798 (2,798) 56,788 (31 ,788) 1,246,110 (219,558) 126 of 401 Town of the City of Evanston, Illinois REQUIRED SUPPLEM ENTARY INFORMATION SCHEDULE OF REV ENUES, EXPEN DITU RES, AND CHANGES IN FUND BALANCES -BUDGET AND ACTUAL GOVERNMENTAL FUNDS For the nine months ended December 31, 2013 General Special Reve nue Town Fund General Assistance Fund Orig inal and Final Budgeted Amounts Original and Variance with Final Budgeted Variance with Actual Final Budge t Amounts Actual Excess (deficiency) of reve nues over (under) expenditures (1 19,358) (8 3,780) 35,578 (5 20,627) . -.' f707 776) Ot her fi nancing sou rces (uses) Operating transfers in (out) 1,062 Total other fi nancing so urces (uses) 1,062 Net change in fund balance Fund balance Beginning of year End of yea r $ (118,296) 1,062 67,037 1,062 67,037 (83,780) $ 36,640 $ (4 53,590) 298,808 $ 215,028 See notes to req uired supplementary information and auditors' report 26 (707,776) 1,298 ,270 $ 590,494 Final Budget (187,149) 67,037 67,037 $ (1 20, 112) 127 of 401 TH IS PAGE IS INTENTIONALLY LEFT BLANK 128 of 401 Town of the City of Evanston, Illinois NOTES TO THE REQUIRED SUPPLEMENTARY INFORMATION Dece mber 31, 2013 NOTE A-LEGAL COM PLIANCE AND AC COUNTAB ILITY 1. Budgets The Town ship prepares its annual appropriation ordina nce, which is synonymous with its budget, using the modified accrual basis of accounting. The appropriation ordinance was passed on June 11th, 2013, and was not amended. Appropriations lapse at the end of each fiscal year. The Town ship fo llows these proced ures in establishing the budgetary data reflected in the fi nancial statements : 1. The Township Supervisor submits to the Town ship Trustees a proposed operating budget for the fiscal year commencing the fo llowing April 1. The operati ng budget includes proposed expenditu res 2. Public budget hearings are conducted. Taxpayer comments are received and noted. 3. The budget is legally enacted through passage of a resolution. 4. The Township Supervisor is authorized to transfer budgeted amounts between departments with in any fu nd; however, any revisions that alter the total expenditures of any fund must be approved by the Township Trustees. No supplementary appropriations were necessary during the current fiscal yea r. 5. Budgets are legally adopted on a ba sis consistent with GAAP. 2. Excess of Expenditures over Budget For the nine months ended December 31, 2013, budget expend itures exceeded actual expenditures by $12,577 in the General Fund (Town Fund), and actual expenditures exceeded budget expenditures by $(219,558) in the General Assistance Fund. No excess fu nding was req uired by the available fund balances. NOTE B -DEFINED BENEFIT PENSION PLAN -DIGEST OF CHANGES Assumptions The actuarial assumptions used to determine the actuarial accrued liability for 2013 was determined as part of the December 31, 2011 actuarial valuation using the entry age normal actuarial cost method. 27 129 of 401 THI S PAGE IS INTE NTIO NALLY LEFT BLANK 130 of 401 SUPPLEMENTARY INFORMA TION 131 of 401 Town of the City of Evanston, Illinois GENERAL FUND (TOWN FUND) COMPAR ISON OF EXP ENDITURES WITH BUDGET For the nine months ended December 31, 2013 SUPERVI SOR Budget Salary $ 10,218 Travel/conference 1,500 Dues and su bscriptions 5,625 Audit 25,500 Lega l/acco unting services 17,642 Contract Services Banking fees 150 Office eq uipment purchases 1,900 Contingency 1,500 IMRF/FICA 1,833 Unemployment tax-state 142 Total supervisor 66,010 AS SESSOR Salary 6,030 Deputy salary 40,744 Assist salary 25,369 Staff Overtime 1,500 Office eq uipment purchases 15,000 Office eq uipment maintenance Office supplies 1,875 Payroll Processing 1,125 Printing and duplicating 1,000 Dues and su bscriptions 532 Travel and education 1,650 Sidwell maps 500 Postage 750 IMRF/FICA 12,942 Unemployment tax-state 1,003 Insurance 14,250 Contingency 500 Telephone 1,000 Contract servies 3,000 Uti lities 1,189 Rent 6,949 Total assessor 136,908 28 Expend itures $ 7,910 1,523 4,973 15,100 25,884 293 143 1,764 4,068 1,362 107 63,127 6,667 40,116 27,978 14,603 150 517 989 1,210 30 4,177 375 204 12,432 131 14,397 505 1,349 2,019 1,433 8,339 137,621 132 of 401 Town of the City of Evanston, Illinois GENERAL FUND (TOWN FUND) COMPARISON OF EX PENDITURES WITH BUDGET For the nine months ended December 31, 2013 COMMUNITY PURCHASED SERVICES Budget Evanston Northshore YWCA $ 4,950 Total co mmunity purchased services 4,950 COMMUNITY ACTION Commu nity Services 38,500 Vete ra ns Services 715 Summer Youth Program 15,000 Total com munity action 54,215 LEGAL SERVICES 5,000 Total expenditures $ 267,083 29 Exeend itures 53,045 713 53,758 $ 254,506 133 of 401 Town of the City of Evanston, Illinois SPEC IAL REVENUE FUND (GENERAL AS SISTAN CE FUND) COMPAR ISON OF EXP ENDITURES WITH BUDGET For the nine months ended December 31, 2013 MEDICAL PROGRAMS Hospital inpatient Hospital outpatient Drugs All other physicians X-rays Ot her medical Glasses Psychiatric outpatient Emergency room physicia ns Total medical program GENERAL ASSISTANCE GRANTS Rent Personal Transportation Client contractual services Other Needs 50/50 program Total general assistance grants ADM INISTRATIVE PAY ROLL Director Manager of programs EAS Ad min Asst Manager of accounting Case Coordinator Office manager Total administrative payroll 30 Budget $ 1,000 2,250 85,000 1,500 500 375 3,000 500 94,125 160,000 272,000 2,250 70,594 500 1,500 506,844 30,424 6,000 11 ,000 45,387 37,154 33 ,518 163,483 Expend itures $ 6,871 1,664 106,962 665 263 1,152 71 6,123 884 124,655 157,353 394,923 1,239 75,544 3,246 2,270 634,575 30,424 18,934 49,227 38,316 34,698 171,599 134 of 401 Town of the City of Evanston, Illinois SPECIAL REVE NUE FUND (GENERAL AS SISTAN CE FUND) COM PA RISON OF EXPENDITURES WI TH BUDGET For the nine months ended December 31, 2013 ADMINIS TRATIVE OV ERHEAD Budget IMRF/F ICA $ 25,230 Medical and life insurance 61,000 General insurance 9,000 Advertising 19,000 Printing and duplicating 1,500 Seminars and conferences 2,000 Telephone 5,000 Staff travel 1,125 Office supplies 10,000 Payroll processing 1,650 Unemployment tax -state 2,091 Utilities 4,500 Postage 1,875 Data processing Legal services 7,000 Contract services 17,500 Conti ngency 1,500 Bank fees 1,125 Equipment purchases 39,000 Rent 27,004 Total administrative overhead 237,100 Total admin istrative 400,583 WO RK OPPORTU N ITY PROGRAM Transportation $ Total work opportun ity program EMERGENCY ASSISTANCE PROGRAM Housing service 20,000 Utilities/EAS Client Services 5,000 Total emergency assistance prograrT 25,000 Total expend itures $ 1,026,552 31 Expend itures $ 26,166 54,710 8,647 18,765 1,916 1,617 4,923 414 12,610 1,346 146 4,781 1,923 1,827 6,768 21,562 11,780 1,456 41,933 32,405 255,695 427,294 $ 2,798 2,798 46,241 10,547 56,788 $ 1 ,246,110 135 of 401 THIS PAGE IS IN TENTION AL LY LEFT BLANK 136 of 401 Town of the City of Evanston, Illinois PROPE RTY TAX AS SESSED VALUATIONS, RAT ES AND EXTE NS IONS AND COLLECTI ON ALLOCATIONS December 31 , 201 3 201 3 20 12 201 1 20 10 2009 Rate * Amount * Rate Amount Rate Amount Rate Amount Rate Amount --------- Assessed valuation $ -$ 2,51 4,621 ,552 $ 2.727 .367.573 $ 3.041 .884.087 $ 3,305,989,369 Tax Exte nsion Town Fund -0.01 0 248,161 0.01 1 290,266 0.01 1 31 1,31 9 0.010 31 1 ,31 9 General Assistance Fund -O.D38 933,214 0.039 1,038,477 0.035 1,038,477 0.032 1,038,477 --------- Total Levy $ -0.048 $ 1,181 .375 0.050 $ 1,328,743 0.046 $ 1,349,796 0.042 $ 1,349,796 --------- Loss and cost provisions Collection allocation Fund Town $ 33,925 $ 246,685 $ 298,754 $ 329,741 $ 322,239 General Assista nce 128,915 937,401 1,059,221 1,04 9,214 1,032,729 Cumulative collections to March 1, 2014 162,840 1 '184,086 1,357,975 $ 1.378,955 $ 1,354,968 Levy as extended $ -$ 1 '181 ,375 $ 1,328,743 $ 1,349,796 $ 1,349,796 Percent collected 100.2% 102.2% 102.2% 100.4% * Rates and extensions were not yet available as of March 1, 2014 32 137 of 401 TH IS PAGE IS INTENTIONALLY LEFT BL ANK 138 of 401 TOWN OF THE CITY OF EVANSTON, ILLINOIS (A Blended Component Unit of the City of Evanston) ANNUAL FINANCIAL REPORT As of and for the four months ended April 30, 2014 139 of 401 Town of the City of Evanston, Illinois TABLE OF CONTENTS As of and for the four months ended April 30, 2014 Page FINANCIAL SECTION Independent Auditors’ Report i-ii REQUIRED SUPPLEMENTARY INFORMATION Management’s Discussion and Analysis 1-6 BASIC FINANCIAL STATEMENTS Government-Wide and Governmental Funds Financial Statements Statement of Net Position - Governmental Activities 7 Statement of Activities - Governmental Activities 8 Fund Financial Statements Balance Sheet - Government Funds 9 Statement of Revenues, Expenditures, and Changes in Fund 10 Balances - Governmental Funds Reconciliation of the Statement of Revenue, Expenditures, and Changes 11 In the Fund Balances of Governmental Funds to the Statement of Activities Index for the Notes to the Financial Statements 12 Notes to Financial Statements 13-23 REQUIRED SUPPLEMENTARY INFORMATION Illinois Municipal Retirement Fund Ten-Year Historical Trend Information 24 Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget 25-26 And Actual - Governmental Funds Notes to the Required Supplementary Information 27 SUPPLEMENTARY INFORMATION Governmental Funds General Fund (Town Fund) Comparison of Expenditures with Budget 28-29 Special Revenue Fund (General Assistance Fund) Comparison of Expenditures with Budget 30-31 Property Tax Assessed Valuations, Rates, and Extensions and Collection Allocations 32 140 of 401 FINANCIAL SECTION 141 of 401 To the Town Trustees Town of the City of Evanston Evanston, Illinois INDEPENDENT AUDITORS' REPORT Report on the Financial Statements ~AKER TILLY Baker Tilly Virch ow Krause, LLP 13 0 I W 22nd St, St e 400 Oak Brook, IL 60523-33 89 tel 630 990 3131 fax 630 990 003 9 bakertilly.com We have audited the accompanying financial statements of the governmental activities and each major fund of the Town of the City of Evanston, Illinois, as of and for the four months ended April 30, 2014, and the related notes to the financial statements , which collectively comprise the Town of the City of Evanston's basic financial statements as listed in the table of contents . Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America ; this includes the design , implementation , and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error . In making those risk assessments, the auditor considers internal control relevant to the Town of the City of Evanston's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the Town of the City of Evanston's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. ~ I B ltl:".-pt"~IIJl t lllt;.:mbOf of SAKE R TILLY INTERNATIONAL Page i 142 of 401 To the Town Trustees Town of the City of Evanston Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities and each major fund of the Town of the City of Evanston, Illinois, as of April 30, 2014 and the respective changes in financial position thereof for the four months then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter As discussed in Note A, the Town of the City of Evanston was dissolved as of April 30, 2014 . The City of Evanston took over the operations of the Town of the City of Evanston starting May 1, 2014 . Our opinions are not modified with respect to this matter. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the required supplementary information as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Town of the City of Evanston's basic financial statements. The supplementary information as listed in the table of contents is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America . In our opinion, the supplementary information is fairly stated in all material respects, in relation to the basic financial statements as a whole. o~~!~VL~~w September 29, 2014 Page ii 143 of 401 Town of the City of Evanston, Illinois MANAGEMENT’S DISCUSSION AND ANALYSIS As of and for the four months ended April 30, 2014 This section of the Town of the City of Evanston's (Township) annual financial report presents our discussion and analysis of the Township's financial performance during the shortened four month fiscal year that ended April 30th, 2014. In 2014, the Township changed from a calendar year end to an April year end. Please read it in conjunction with the Township's financial statements, which follow this section. The Township is a component unit of the City of Evanston (City), and moved into the City's building on September 23, 2013. FINANCIAL HIGHLIGHTS The Township had a decrease in net position of $62,035 at the entity-wide level primarily due to the change in year-end from December to April and reduced property tax revenues due to the timing of collections. At the major fund level, the Town Fund had a surplus of revenues over expenditures of $62,312 and the General Assistance Fund had a deficiency of revenues under expenditures of $(122,044). The General Assistance Fund and the Town Fund both had favorable expense budget variances. OVERVIEW OF THE FINANCIAL STATEMENTS This annual financial report consists of four parts - management's discussion and analysis (this section), the basic financial statements, required supplementary information, and an optional section that presents comparisons of expenditures with budgeted amounts for governmental funds, as well as property tax information. The basic financial statements include two kinds of statements that present different views of the Township. 1. The first two statements are government-wide financial statements that provide both long-term and short-term information about the Township's overall financial status. 2. The remaining statements are fund financial information statements that focus on individual parts of the Township government, reporting the Township's operations in more detail than the government-wide statements. The governmental funds statements tell how general government services like general assistance were financed in the short-term, as well as what remains for future spending. The financial statements also include notes that explain some of the information in the financial statements and provide more detailed data. The statements are followed by a section of required supplementary information that further explains and supports the information in the financial statements. In addition to these required elements, we have included a section with comparisons of actual expenditures to budgeted amounts for each of the governmental funds and a schedule of certain property tax information. The remainder of this overview section of management's discussion and analysis explains the structure and contents of each of the Township's financial statements. Unaudited and see Auditors’ Report 1 144 of 401 Town of the City of Evanston, Illinois MANAGEMENT’S DISCUSSION AND ANALYSIS As of and for the four months ended April 30, 2014 Government-wide Statements The government-wide statements report information about the Township as a whole using accounting methods similar to those used by private-sector companies. The statement of net position includes all of the Township's assets, liabilities and deferred inflows of resources. All of the current year's revenues and expenses are accounted for in the statement of activities regardless of when cash is received or paid. The government-wide statements report the Township's net position and how they have changed. Net position - the difference between the Township's assets, liabilities and deferred inflows of resources - is one way to measure the Township's financial health, or position. Over time, increases or decreases in the Township's net position are an indicator of whether its financial health is improving or deteriorating, respectively. To assess the overall health of the Township, you need to consider additional nonfinancial factors such as changes in the Township's property tax base. The government-wide financial statements include the Township's governmental activities, such as general administration and general assistance. Property taxes finance most of these activities. Fund Financial Statements The fund financial statements provide more detailed information about the Township's most significant funds - not the Township as a whole. Funds are accounting devices that the Township uses to keep track of specific sources of funding and spending for particular purposes. Some funds are required by state law. The Township Trustees established other funds to control and manage money for particular purposes (like general assistance administration). The Township has established governmental fund types. The Township's services are included in governmental funds, which focus on (1) how cash and other financial assets that can be readily converted to cash flow in and out, and (2) the balances left at year-end that are available for spending. Consequently, the governmental funds' statements provide a detailed short-term view that helps you determine whether there are more or fewer financial resources that can be spent in the near future to finance the Township's programs. Because this information does not encompass the additional long- term focus of the government-wide statements, we provided additional information at the bottom of the governmental funds statement, or on the subsequent page, that explains the relationship (or differences) between them. Unaudited and see Auditors’ Report 2 145 of 401 Town of the City of Evanston, Illinois MANAGEMENT'S DISCUSSION AND ANALYSIS As of and for the four months ended April 30 2014, and nine months ended December 31, 2013 FINANCIAL ANALYSIS OF THE TOWNSHIP AS A WHOLE The following is a summary of net position under the accrual basis of accounting. Net Position Government Activities April 2014 December 2013 Current and other assets 1,235,461$ 1,809,531$ Capital assets, net of accumulated depreciation and amortization 58,464 60,767 Total assets 1,293,925 1,870,298 Liabilities - 52,913 Deferred inflow of resources 489,671 951,096 Net position: Net investment in capital assets 58,464 60,767 Restricted 468,450 590,494 Unrestricted 277,340 215,028 Total net position 804,254$ 866,289$ Changes in Fund Balances The Township has two governmental funds. The following is the total of these funds under the modified accrual basis of accounting. Revenues April 2014 December 2013 Property taxes 461,425$ 633,567$ Interest income 19 184 Replacement tax 17,169 47,221 SSI reimbursement 7,950 28,088 Total 486,563$ 709,060$ Unaudited and see Auditors' Report 3146 of 401 Town of the City of Evanston, Illinois MANAGEMENT'S DISCUSSION AND ANALYSIS As of and for the four months ended April 30 2014, and nine months ended December 31, 2013 Changes in Fund Balance (Continued) Expenditures April 2014 December 2013 Supervisor 17,720$ 63,127$ Assessor 32,517 137,621 Community action 557 53,758 Medical programs 17,907 124,655 General Assistance Grants 310,451 634,575 Administrative 141,106 427,294 Work Opportunity Program - Program service 1,341 2,798 Emergency Assistance Program 24,696 56,788 Total expenditures 546,295 1,500,616 Net change in fund balances (59,732) (791,556) Fund balance - beginning of period 805,522 1,597,078 Fund balance - end of period 745,790$ 805,522$ Changes In Net Position The Township's change in net position, as reported in the statement of activities on page 8, was a decrease of $62,035 for the fiscal four months ended April 30, 2014. Revenues April 2014 December 2013 Program revenues - charges for services 7,950$ 28,088$ General revenues: Property and replacement taxes 478,594 680,788 Investment income 19 184 Total revenues 486,563 709,060 Expenses: General government 51,496 239,104 General assistance 497,102 1,214,983 Total expenses 548,598 1,454,087 Change in net position (62,035)$ (745,027)$ Unaudited and see Auditors' Report 4147 of 401 Town of the City of Evanston, Illinois MANAGEMENT’S DISCUSSION AND ANALYSIS As of and for the four months ended April 30, 2014 Most of the Township's revenue ($478,594 for the four months ended April 30, 2014) is derived from property and replacement taxes. The remaining revenue is primarily derived from interest earned on investments and assistance from Supplemental Security Income (SSI) programs. The Township had $7,950 in total program revenues and $478,613 in total general revenues for the four months ended April 30, 2014. The Township's expenses ($548,598 for the four months ended April 30, 2014) cover general assistance, the Township Supervisor's office, the Township Assessor's office, and the Community Action and Work Opportunity Programs. The Township incurred $495,501 in general assistance program expenses, of which, $141,106 was expensed for administrative expenses purposes, $42,603 was expensed for clients' medical, food, shelter and emergency services needs, $1,341 was expensed for the Work Opportunity Program, which provides direct services to welfare recipients, and $310,451 was spent on general assistance grants. The Township incurred expenses for the operations of the Township Supervisor and Assessor offices and Community Action services in the amount of $51,496 for the four months ended April 30, 2014. FINANCIAL ANALYSIS OF THE TOWNSHIP'S FUNDS The Township has two major governmental funds: a general (Town) fund and a special revenue (General Assistance) fund. The Town Fund reported revenues over expenditures of $62,312 for the four months ended April 30, 2014, as compared to $(83,780) for the nine months ended December 31, 2013. The most significant changes were a $57,584 reduction in property tax and replacement tax revenue along with a $203,712 decrease in expenditures due to a shortened four month reporting period. The General Assistance Fund reported expenditures over revenues of $(122,044) for the four months ended April 30, 2014, as compared to $(707,776) for nine months ended December 31, 2013. The most significant changes were a $144,610 reduction in property tax revenue and a reduction of $750,609 in expenditures due to a shortened four month reporting period. Budgetary Highlights The Township's appropriation ordinance, which is synonymous with its budget, was passed on December 9, 2013 and was not amended. Actual expenditures for the Town Fund were $333,705 under the final budgeted amount. Actual expenditures for the General Assistance Fund were $1,018,199 under the final budgeted amount. The most significant expenditure variance for the General Assistance Fund was a decrease in grants of $224,393. Capital Assets At April 30, 2014, the Township had invested $58,464 in capital assets. The Township does not anticipate any significant activity related to the acquisition or disposal of any capital assets for fiscal year 2014. Unaudited and see Auditors’ Report 5 148 of 401 Town of the City of Evanston, Illinois MANAGEMENT’S DISCUSSION AND ANALYSIS As of and for the four months ended April 30, 2014 The Township's capital assets, net of accumulated depreciation and amortization, are as follows: Government Activities April 2014 December 2013 Capital assets being depreciated and amortized $ 88,933 $ 88,933 Accumulated depreciation and amortization (30,469) (28,166) Total assets $ 58,464 $ 60,767 Further capital asset information can be found in Note F of the notes to financial statements. ECONOMIC FACTORS AND NEXT YEAR'S BUDGET AND RATES Due to the continued economic recession, the Township could see similar levels in the Township's case load. The Township will continue to provide emergency assistance that was previously provided by the City. No costs for the program will be reimbursed by the City. CONTACTING THE TOWNSHIP'S MANAGEMENT This financial report is designed to provide our citizens, taxpayers, clients, and creditors with a general overview of the Township's finances and to demonstrate the Township's accountability for the money it receives. If you have questions about this report or need additional financial information, contact the Township's Administrative Office, 2100 Ridge Avenue, Room 1600, Evanston, IL, 60201. Unaudited and see Auditors’ Report 6 149 of 401 BASIC FINANCIAL STATEMENTS 150 of 401 Town of the City of Evanston, Illinois STATEMENT OF NET POSITION - GOVERNMENTAL ACTIVITIES April 30,2014 Assets Cash and equivalents 745,790$ Prepaid expenses Receivables Property taxes, net of allowances 489,671 Capital assets, net of accumulated depreciation and amortization 58,464 Total assets 1,293,925 Deferred inflows of resources Property taxes levied for future periods 489,671 Net position Net investment in capital assets 58,464 Restricted by enabling legislation - general assistance 468,450 Unrestricted 277,340 Total net position 804,254$ 7 The accompanying notes are an integral part of this statement 151 of 401 Town of the City of Evanston, Illinois STATEMENT OF ACTIVITIES - GOVERNMENTAL ACTIVITIES For the four months ended April 30,2014 Program Net Expense Revenues and Changes Charges For in Net Expenses Services Position Programs Governmental activities: General government 51,496$ -$ (51,496)$ General assistance 497,102 7,950 (489,152) Total governmental activities 548,598$ 7,950$ (540,648) General revenues: Property and replacement taxes 478,594 Investment income 19 Total general revenues 478,613 Change in net position (62,035) Net position - beginning 866,289 Net position - ending 804,254$ 8 The accompanying notes are an integral part of this statement 152 of 401 Town of the City of Evanston, Illinois BALANCE SHEET- GOVERNMENTAL FUNDS April 30,2014 Special Revenue General (General) (Town Fund)Assistance Fund Total ASSETS Cash and equivalents 279,332$ 466,458$ 745,790$ Receivables Property taxes, net of allowance 104,106 385,565 489,671 Due from other fund - 1,992 1,992 Total assets 383,438$ 854,015$ 1,237,453$ LIABILITIES, DEFERRED INFLOWS, AND FUND BALANCE Current liabilities Due to other fund 1,992$ -$ 1,992$ Total liabilities 1,992 - 1,992 Deferred inflows of resources Property taxes levied for future periods 104,106 385,565 489,671 Total liabilities and deferred inflows 106,098 385,565 491,663 Fund balance Restricted - 468,450 468,450 Unassigned 277,340 - 277,340 Total fund balance 277,340 468,450 745,790 Total liabilities, deferred inflows, and fund balance 383,438$ 854,015$ Amounts reported for governmental activities in the statement of net position are different because: Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the governmental funds 58,464 Net position of governmental activities 804,254$ 9 The accompanying notes are an integral part of this statement153 of 401 Town of the City of Evanston, Illinois STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - GOVERNMENTAL FUNDS For the four months ended April 30, 2014 Special Revenue General (General) (Town Fund)Assistance Fund Total Revenues Property taxes 95,927$ 365,498$ 461,425$ Interest income 10 9 19 Replacement tax 17,169 - 17,169 SSI reimbursement - 7,950 7,950 Total revenues 113,106 373,457 486,563 Expenditures Supervisor 17,720 - 17,720 Assessor 32,517 - 32,517 Community action 557 - 557 Medical program - 17,907 17,907 General assistance grants - 310,451 310,451 Administrative - 141,106 141,106 Work opportunity program Program service - 1,341 1,341 Emergency assistance program - 24,696 24,696 Total expenditures 50,794 495,501 546,295 Net change in fund balances 62,312 (122,044) (59,732) Fund balance Beginning of year 215,028 590,494 805,522 End of year 277,340$ 468,450$ 745,790$ 10 The accompanying notes are an integral part of this statement154 of 401 Town of the City of Evanston, Illinois RECONCILIATION OF THE STATEMENT OF REVENUE, EXPENDITURES, AND CHANGES IN THE FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES For the four months ended April 30, 2014 Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balances - total governmental funds (59,732)$ Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount of depreciation and amortization expense in the current period.(2,303) Change in net position of governmental activities (62,035)$ 11 The accompanying notes are an integral part of this statement 155 of 401 Town of the City of Evanston, Illinois INDEX FOR THE NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 Page NOTE A. Summary of Significant Accounting Policies 1. Government-Wide and Fund Financial Statements 14 2. Fund Accounting 14 3. Measurement Focus, Basis of Accounting, and Financial Statement Presentation 15 4. Cash and Equivalents 16 5. Prepaid Assets 16 6. Capital Assets 16 7. Fund Equity 16-17 8. Interfund Transactions 18 9. Use of Estimates 18 B. Reconciliation of Government-Wide and Fund Financial Statements 18 C. Stewardship, Compliance and Accountability 19 D. Deposits and Investments 19 E. Receivables - Property Taxes 19-20 F. Capital Assets 20 G. Interfund Receivables, Payables and Transfers 20 H. Property Tax Revenue Levied for Future Purposes 21 I. Risk Management 21 J. Operating Leases 21 K. Expense Reimbursements and Related-Party Transactions 22 1. Supplemental Security Income (SSI) L. Defined Benefit Pension Plan 22-23 M. Effect of New Accounting Standards on Current Period Financial Statements 23 12 156 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The accounting policies of the Town of the City of Evanston (Township) are based upon accounting principles generally accepted in the United States of America as applicable to governmental units. The Township was incorporated in 1916. The Township administers General Assistance, a public welfare program assigned by Illinois law to townships. Eligible clients receive General Assistance for food, shelter, and medical needs. Through the Town Fund levy, the Township also supports a number of community action programs which provide direct services to welfare recipients. The Township has two elected officials, the Supervisor and the Assessor, each elected for a four-year term. The Supervisor is responsible for Township funds and for the administration of General Assistance. The Assessor does not actually assess property; that function is carried out by the Cook County Assessor. The Township Assessor serves as a taxpayer's advocate, helping citizens with tax related questions. The Assessor also works to assure equity of assessments, and maintains records of building and demolition permits and of all tax-exempt properties. This report includes all of the funds of the Township. The reporting entity for the Township consists of (a) the primary government, (b) organizations for which the primary government is financially accountable, and (c) other organizations for which the nature and significance of their relationship with the primary government are such that their exclusion would cause the reporting entity's financial statements to be misleading or incomplete. A legally separate organization should be reported as a component unit if the elected officials of the primary government are financially accountable to the organizations. The primary government is financially accountable if it appoints a voting majority of the organization's governing body and (1) it is able to impose its will on that organization or (2) there is a potential for the organization to provide specific financial benefits to or burdens on the primary government. The primary government may be financially accountable if an organization is fiscally dependent on the primary government. The Township is governed by a Township Board of Trustees and provides services within the same geographic boundaries as the City. The Township's Board of Trustees is the same as the City Council. The Township board levies taxes and is responsible for adopting the Town budget and approving payment of bills. The Township Board of Trustees can issue debt on its own behalf, and such debt can be issued in the Township's name alone. The Township is a component unit of the City and, although legally separate, it is part of the City's reporting entity and its financial statements are blended with the City's in the City's comprehensive annual financial report. The voters of the Evanston Township decided on March 18th, 2014 to dissolve the Township organization. The dissolution was certified by the Cook County Clerk’s office on April 8th, 2014. Evanston Township ceased operations on April 30, 2014. On May 1, responsibilities for general assistance and emergency programs transferred to the City’s Health Department and responsibilities for property tax assessment advising services transferred to the City’s Administrative Services Department. The financial statements of the Township have been prepared in conformity with accounting principles generally accepted in the Untied States of America as applied to governmental units (hereinafter referred to as generally accepted accounting principles (GAAP)). The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. 13 157 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE A – SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) The more significant of the Township's accounting policies are described below. 1. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e., the statement of net position - governmental activities and the statement of activities) report information on all activities of the Township. For the most part, the effect of interfund activity has been removed from these statements. The statement of activities demonstrates the degree to which the direct expenses of a given function, or segment, are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to clients or applicants who use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Major individual governmental funds are reported as separate columns in the fund financial statements. 2. Fund Accounting The Township uses funds to report on its financial position and the results of its operations. A fund is a separate accounting entity with a self-balancing set of accounts. Fund accounting is designed to demonstrate legal compliance and to aid financial management by segregating transactions related to certain government functions or activities. Governmental funds are used to account for all of a government's general activities, including the collections and disbursement of earmarked monies (special revenue funds) and the general fund, which is used to account for all activities of the general government not accounted for in the special revenue fund. The government-wide financial statements are reported using the economic resources measurements and focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows . Property taxes are recognized as revenues in the year they are intended to finance, as determined by the Trustees. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. 14 158 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) 3. Measurement Focus - Basis of Accounting, and Financial Statement Presentation Governmental fund financial statements are reported using the current financial resources measurements focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Township considers revenues to be available if they are collected within 60 days after April 30, 2014. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt services expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes, interest, and expense reimbursements associated with the current reporting period are all considered to be susceptible to accrual and so have been recognized as revenues of the current reporting period. All other revenue items are considered to be measurable and available only when cash is received by the Township. The Township reports the following major governmental funds: General Fund The General Fund, sometimes referred to by the Township as the Town Fund, is the general operating fund of the Township. It is used to account for all financial resources except those required to be accounted for in another fund. Special Revenue Fund The Special Revenue Fund - General Assistance Fund is used to account for the proceeds of specific revenue sources requiring separate accounting because of legal or regulatory provisions or administrative action. As a general rule, the effect of interfund activity has been eliminated from the government-wide financial statements. Amounts reported as program revenues included charges to clients or applicants for goods, services, or privileges provided. Internally dedicated resources are reported as general revenues rather than as program revenues. Likewise, general revenues include all taxes. The Township reports unearned property tax revenue on its financial statements. Unearned revenue arises when potential revenue does not meet both the "measurable" and "available" criteria for recognition in the current period. Unearned revenues and deferred inflows of resources also arise when resources are received by the Township before it has a legal claim to them, as when grant monies are received prior to the incurrence of qualifying expenditures. In subsequent periods, when both revenue recognition criteria are met, or when the Township has a legal claim to the resources, the liability for unearned revenue is removed from the financial statements and revenue is recognized. 15 159 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) 4. Cash and Equivalents Cash and equivalents represent cash on hand, cash deposited in interest-bearing and non-interest- bearing checking accounts, and cash deposited with the Illinois Funds. 5. Prepaid Assets Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both the government-wide and fund financial statements. The cost of prepaid items is recorded as expenditures/expenses when consumed rather than when purchased. 6. Capital Assets Capital assets, which include property and equipment, are reported in the applicable governmental columns in the government-wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $1,000 and on estimated life over one year. Such assets are recorded at historical cost or estimated historical cost if purchased or constructed. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend assets' lives are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. Property and equipment are depreciated, and software is amortized, using the straight-line method over the following estimated useful lives: Computer software 3 Years Computer and office equipment 10 Years Furniture and fixtures 15 Years 7. Net Assets/Fund Equity In February 29, 2009, the GASB issued statement no. 54 - Fund Balance Reporting and Governmental Fund Type Definitions. This statement establishes fund balance classifications based primarily on the extent to which the government is bound to honor constraints on the use of the resources reported in each governmental fund as well as establishes additional note disclosures regarding fund balance classification policies and procedures. In the Government-Wide Statements, equity is classified as net position and displayed in three components: 1. Net investment in capital assets - Consists of capital assets including restricted capital assets, net of accumulated depreciation. 2. Restricted net position - Consists of net position with constraints placed on their use either by a) external groups such as creditors, grantors, contributors, or laws or regulations of other governments or, b) law through constitutional provisions or enabling legislation. 16 160 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) 7. Fund Equity - (Continued) 3. Unrestricted net position - All other net position that do not meet the definitions of "restricted" or "net investment in capital assets." When both restricted and unrestricted resources are available for use, it is the Township's policy to use restricted resources first, then unrestricted resources as they are needed. In the Fund Accounting Statements, governmental equity is classified as fund balance. In accordance with Governmental Accounting Standards Board Statement No. 54 - Fund Balance Reporting and Governmental Fund Type Definitions, the Township classifies governmental fund balance as follows: 1. Nonspendable - Includes fund balance amounts that cannot be spent either because they are not in spendable form or because legal or contractual requirements require them to be maintained intact. 2. Restricted - Consists of fund balances with constraints placed on their use either by 1) external groups such as creditors, grantors, contributors, or laws or regulations of other governments or 2) law through constitutional provisions or enabling legislation. 3. Committed - Includes fund balance amounts that are constrained for specific purposes that are internally imposed by the government through formal action of the highest level of decision making authority. Fund balance amounts are committed through a formal action (ordinance) of the Township. This formal action must occur prior to the end of the reporting period, but the amount of the commitment, which will be subject to the constraints, may be determined in the subsequent period. Any changes to the constraints imposed require the same formal action of the Township that originally created the commitment. 4. Assigned - Includes spendable fund balance amounts that are intended to be used for specific purposes that are not considered restricted or committed. Fund balance may be assigned by the Board through the following; 1) The Township adopts a financial policy through board action to assign amounts for a specific purpose. 2) All remaining positive spendable amounts in governmental funds, other than the general fund, that are neither restricted nor committed. Assignments may take place after the end of the reporting period. 5. Unassigned - Includes residual positive fund balance within the general fund which has not been classified within the other above mentioned categories. Unassigned fund balance may also include negative balances for any governmental fund if expenditures exceed amounts restricted, committed, or assigned for those purposes. The Township considers restricted amounts to be spent first when both restricted and unrestricted fund balance is available unless there are legal documents / contracts that prohibit doing this, such as in grant agreements requiring dollar for dollar spending. Additionally, the Township would first use committed, then assigned and lastly unassigned amounts of unrestricted fund balance when expenditures are made. The restricted fund balances are for the purpose of the respective funds as described in the Measurement Focus - Basis of Accounting, and Financial Statement Presentation. 17 161 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - (Continued) 8. Interfund Transactions Quasi-external transactions are accounted for as revenues, expenditures, or expenses. Transactions that constitute reimbursements to a fund for expenditures/expenses initially made from it that are properly applicable to another fund are recorded as expenditures/expenses in the reimbursing fund and as reductions of expenditures/expenses in the fund that is reimbursed. All other interfund transactions, except quasi-external transactions and reimbursements, are reported as operating transfers. 9. Use of Estimates In preparing financial statements, management is required to make estimates and assumptions that affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities at the date of the financial statements, and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from those estimates. NOTE B - RECONCILIATION OF GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS Explanation of certain differences between the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds and the Government-Wide Statement of Activities: One element of that reconciliation explains that "Governmental funds report capital outlays as expenditures. However, in the statement of activities, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense." The details of this difference are as follows: Depreciation and amortization expense $ 2,303 Net adjustments to decrease net changes in fund balances - total governmental funds to arrive at changes in net assets of governmental activities $ (2,303) 18 162 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE C - STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY Excess of Expenditures over Budget For the four months ended April 30, 2014, budget expenditures exceeded actual by $333,705 in the General Fund (Town Fund), and budget expenditures exceeded actual by $1,018,199 in the General Assistance Fund. No excess funding was required by the available fund balances. NOTE D - DEPOSITS AND INVESTMENTS As of April 30, 2014, the carrying amount of the Township's deposits, including cash on hand of $218, was $563,480.The financial institutions' balances totaled $570,349. The Township also had investments in the Illinois Funds in the amount of $182,092 at April 30, 2014. The Illinois Funds are managed by the Illinois State Treasurer as provided by state statutes. Illinois Funds is not registered with the SEC as an investment company, but does operate in a manner consistent with Rule 2a7 of the Investment Act of 1940. The fair value of the position in the Illinois Funds is the same as the Township interest in the funds and is maintained at $1 per share. Interest Rate Risk. The Township's investment policy does not limit investment maturities as a means of managing its exposure to fair value losses arising from increasing interest rates. The objective is to maintain safety of funds invested and obtain the maximum rate of return consistent with prudent investment principles. The Illinois Funds are due on demand. Credit Risk. State law limits investments in commercial paper, corporate bonds, and mutual bond funds to the top two ratings issued by nationally recognized statistical rating organizations. The Township's investment policy further limits investment choices by not allowing investments in corporate bonds or mutual bond funds. As of April 30, 2014, Illinois Funds were rated AAAm by Standard & Poor's. Custodial Credit Risk. For an investment, custodial credit risk is the risk that, in the event of the failure of the counterpart, the Township will not be able to recover the value of its investment or collateral securities that are in the possession of an outside party. As of April 30, 2014, the Township's cash was exposed to custodial risk because $320,349 was uninsured and uncollateralized. Concentration of Credit Risk. It is the policy of the Township to diversify its investment portfolio. Investments shall be diversified to eliminate the risk of loss resulting in over concentration in a security, maturity, issuer, or class of securities. NOTE E - RECEIVABLES - PROPERTY TAXES Cook County Treasurer collects property taxes and periodically remits them to all taxing bodies, including the Township. Distributions are made more often during the two main collections periods. Property taxes are levied on a calendar year basis by passage of a tax levy ordinance. The property tax calendar for Cook County is as follows: Lien Date January 1 of Levy Year Levy Date December of Levy Year First Installment Due Date (55% of prior bill) March 1 of Year following Levy Year Second Installment Due Date (balance of total bill) August 1 of Year following Levy Year 19 163 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE E - RECEIVABLES - PROPERTY TAXES- (Continued) For governmental funds, property taxes which are due within the four months ended April 30, 2014, and collected within 60 days subsequent to year-end are recognized as revenues. The uncollected portion of the 2013 property tax levy is recognized as a receivable at December 31, 2013, net of estimated uncollectible amounts of approximately 2%. Taxes collected after this 60-day period are recorded as unearned property tax revenue. NOTE F - CAPITAL ASSETS Capital asset activity for the four months ended April 30, 2014 was as follows: Beginning Ending Capital assets Balance Additions Deletions Balance Furniture and fixtures $ 41,337 $ - $ - $ 41,337 Computer and office equipment 30,596 - - 30,596 Computer software 17,000 - - 17,000 Total capital assets being depreciated and amortized 88,933 - - 88,933 Less accumulated depreciation for Furniture and fixtures 1,104 948 - 2,052 Less accumulated depreciation for computer and office equipment 10,812 1,022 - 11,834 Less accumulated amortization for Computer software 16,250 333 - 16,583 Total accumulated depreciation and amortization 28,166 2,303 - 30,469 Capital assets, net $ 60,767 $ (2,303) $ - $ 58,464 Depreciation and amortization expense were charged to programs of the Township as follows: General government $ 702 General assistance 1,601 Total depreciation and amortization and loss expense $ 2,303 NOTE G - INTERFUND RECEIVABLES, PAYABLES AND TRANSFERS Interfund Balances As of April 30, 2014, there was an interfund balance payable from the General (Town) Fund to the General Assistance Fund in the amount of $ 1,992. The amount is due within one year. The balance resulted from the time lag between the dates that (1) interfund goods and services are provided or reimbursable expenditures occur, (2) transactions are recorded in the accounting systems, and (3) payments between funds are made. 20 164 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE H – PROPERTY TAX REVENUES LEVIED FOR FUTURE PERIODS Deferred inflows of resources for property tax revenue represents the net portion of the 2013 property tax levy that will not be collected within 60 days of the Township's April 30, 2014 year-end. This amounts to $489,671 at April 30, 2014. NOTE I - RISK MANAGEMENT The Township participates in the Township Officials of Illinois Risk Management Agency (TOIRMA). TOIRMA is an organization of townships in Illinois which have formed an association under the Illinois Intergovernmental Cooperation Statute to pool risk management needs. The Agency administers a mix of self-insurance and commercial insurance coverages; property/casualty and workers' compensation claim administration/litigation management services; unemployment claim administration; extensive risk management/loss control consulting and training programs; and a risk information system and financial reporting service for its members. The Township would be liable for the excess of any claims over policy limits or for any claims that TOIRMA would be financially unable to pay. The Township's payments to TOIRMA are displayed on the financial statements as expenditures in the appropriate funds. With Township population of 10,001 and over, the deductibles are $500 for property coverage, $1,000 for Employee Benefits coverage, $20,000 for Public Officials - All Other Claims coverage, and $60,000 for Public Officials - Employee Related Claims coverage. TOIRMA has a mix of self-insurance and commercial insurance at various amounts. Claims have not exceeded the total insurance coverage in any of the last three years. TOIRMA has net assets of $26,008,878 at May 31, 2013. The Township's premium expense was $2,897 for the four months ended April 30, 2014. Information can be obtained by writing TOIRMA at Town Center Building, 2 East Main Street, Danville, IL 61832-5850. NOTE J - OPERATING LEASES The Township has an operating lease for office equipment which is paid from the General Assistance Fund with a 60 month lease term. Rental expense for the lease totaled $2,278 for the four months ended April 30, 2014. Minimum annual lease payments are as follows: Period Ending April 30 2015 $ 5,996 21 165 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE K - EXPENSE REIMBURSEMENTS AND RELATED-PARTY TRANSACTIONS 1. Supplemental Security Income (SSI) During the year, a number of the Township's General Assistance clients are determined to be eligible for SSI benefits. These clients, as a condition of receiving assistance from the Township, must reimburse the Township's assistance upon being declared eligible for SSI. NOTE L - DEFINED BENEFIT PENSION PLAN Plan Description. The Township's defined benefit pension plan for Regular employees provides retirement and disability benefits, post retirement increases, and death benefits to plan members and beneficiaries. The Township plan is affiliated with the Illinois Municipal Retirement Fund (IMRF), an agent multiple-employer plan. Benefit provisions are established by statute and may only be changed by the General Assembly of the State of Illinois. IMRF issues a publicly available financial report that includes financial statements and required supplementary information (RSI). That report may be obtained on-line at www.imrf.org. Funding Policy. As set by statute, the Township Regular plan members are required to contribute 4.50 percent of their annual covered salary. The statute requires the Township to contribute the amount necessary, in addition to member contributions, to finance the retirement coverage of its own employees. The Township annual required contribution rate for calendar year 2013 was 8.61 percent. The Township also contributes for disability benefits, death benefits and supplemental retirement benefits, all of which are pooled at the IMRF level. Contribution rates for disability and death benefits are set by the IMRF Board of Trustees, while the supplemental retirement benefits rate is set by statute. Annual Pension Cost. The required contribution for calendar year 2013 was $28,037. Three-Year Trend Information for the Regular Plan Calendar Percentage Year Annual Pension of APC Net Pension Ending Cost (APC) Contributed Obligation 12/31/13 $ 28,037 100% $0 12/31/12 29,342 100% 0 12/31/11 25,655 100% 0 The required contribution for 2013 was determined as part of the December 31, 2011, actuarial valuation using the entry age normal actuarial cost method. The actuarial assumptions at December 31, 2011, included (a) 7.5 percent investment rate of return (net of administrative and direct investment expenses), (b) projected salary increases of 4.00% a year, attributable to inflation, (c) additional projected salary increases ranging from 0.4% to 10% per year depending on age and service, attributable to seniority/merit, and (d) post-retirement benefit increases of 3% annually. The actuarial value of the Township Regular plan assets was determined using techniques that spread the effects of short-term volatility in the market value of investments over a five-year period with a 20% corridor between the actuarial and market value of assets. The Township Regular plan's unfunded actuarial accrued liability at December 31, 2011 is being amortized as a level percentage of projected payroll on an open 30 year basis. 22 166 of 401 Town of the City of Evanston, Illinois NOTES TO THE FINANCIAL STATEMENTS As of and for the four months ended April 30, 2014 NOTE L - DEFINED BENEFIT PENSION PLAN- (Continued) Funded Status and Funding Progress. As of December 31, 2013, the most recent actuarial valuation date, the Regular plan was 106.73 percent funded. The actuarial accrued liability for benefits was $470,077 and the actuarial value of assets was $501,694, resulting in an overfunded actuarial accrued liability (UAAL) of $31,617. The covered payroll for calendar year 2013 (annual payroll of active employees covered by the plan) was $325,630. Because the plan is overfunded, there is no ratio of the UAAL to the covered payroll. The schedule of funding progress, presented as required supplemental information (RSI) following the notes to the financial statements, presents multiyear trend information about whether the actuarial value of plan assets is increasing or decreasing over time relative to the actuarial accrued liability for benefits. NOTE M - EFFECT OF NEW ACCOUNTING STANDARDS ON CURRENT FINANCIAL STATEMENTS The Governmental Accounting Standards Board (GASB) has approved the following: • Statement No. 67, Financial Reporting for Pension Plans - an amendment of GASB Statement No. 25 • Statement No. 68, Accounting and Financial Reporting for Pensions - an amendment of GASB Statement No. 27 • Statement No. 70, Accounting and Financial Reporting for Nonexchange Financial Guarantees When they become effective, application of these standards may restate portions of these financial statements. 23 167 of 401 REQUIRED SUPPLEMENTARY INFORMATION 168 of 401 Town of the City of Evanston, Illinois REQUIRED SUPPLEMENTARY INFORMATION ILLINOIS MUNICIPAL RETIREMENT FUND TEN-YEAR SCHEDULE OF FUNDING PROGRESS HISTORICAL TREND INFORMATION April 30, 2014 Actuarial Actuarial Accrued Unfunded UAAL as a Actuarial Value of Liability (AAL) AAL Funded Covered Percentage of Valuation Assets --Entry Age (UAAL) Ratio Payroll Covered Payroll Date (a) (b) (b-a) (a/b) (c) ((b-a)/c) 12/31/13 $ 501,694 $ 470,077 $ (31,617) 106.73% $ 325,630 0.00% 12/31/12 393,759 495,178 101,419 79.52% 348,889 29.07% 12/31/11 291,690 279,973 (11,717) 104.19% 358,316 0.00% 12/31/10 331,048 305,956 (25,092) 108.20% 334,330 0.00% 12/31/09 476,660 380,918 (95,742) 125.13% 330,215 0.00% 12/31/08 405,691 317,964 (87,727) 127.59% 261,152 0.00% On a market value basis, the actuarial value of assets as of December 31, 2013 is $674,732. On a market basis, the funded ratio would be 143.54%. The actuarial value of assets and accrued liability cover active and inactive members who have service credit with Evanston City Township. They do not include amounts for retirees. The actuarial accrued liability for retirees is 100% funded. See notes to required supplementary information and auditor’s report 24 169 of 401 Town of the City of Evanston, Illinois REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL - GOVERNMENTAL FUNDS For the four months ended April 30, 2014 General Special Revenue Town Fund General Assistance Fund Original and Original and Final Budgeted Variance with Final Budgeted Variance with Amounts Actual Final Budget Amounts Actual Final Budget Revenues Property taxes 235,753$ 95,927$ (139,826)$ 886,553$ 365,498$ (521,055)$ Interest income 300 10 (290) 500 9 (491) Replacement tax 50,000 17,169 (32,831) - - - SSI reimbursement - - - 25,000 7,950 (17,050) Transfer from Fund Balance 98,446 - (98,446) 601,647 - (601,647) Total revenues 384,499 113,106 (271,393) 1,513,700 373,457 (1,140,243) Expenditures Supervisor 46,670 17,720 (28,950) - - - Assessor 138,664 32,517 (106,147) - - - Community purchased services 164,950 - (164,950) - - - Community action 33,215 557 (32,658) - - - Legal services 1,000 - (1,000) - - - Medical programs - - - 91,200 17,907 (73,293) General assistance grants - - - 1,012,250 310,451 (701,799) Administrative - - - 354,250 141,106 (213,144) Work opportunity program - program services - - - - 1,341 1,341 Emergency assistance program - - - 56,000 24,696 (31,304) Total expenditures 384,499 50,794 (333,705) 1,513,700 495,501 (1,018,199) See notes to required supplementary information and auditors' report 25170 of 401 Town of the City of Evanston, Illinois REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL - GOVERNMENTAL FUNDS For the four months ended April 30, 2014 General Special Revenue Town Fund General Assistance Fund Original and Original and Final Budgeted Variance with Final Budgeted Variance with Amounts Actual Final Budget Amounts Actual Final Budget Net change in fund balance -$ 62,312 62,312$ -$ (122,044)(122,044)$ Fund balance Beginning of year 215,028 590,494 End of year 277,340$ 468,450$ See notes to required supplementary information and auditors' report 26171 of 401 Town of the City of Evanston, Illinois NOTES TO THE REQUIRED SUPPLEMENTARY INFORMATION April 30, 2014 NOTE A -LEGAL COMPLIANCE AND ACCOUNTABILITY 1. Budgets The Township prepares its annual appropriation ordinance, which is synonymous with its budget, using the modified accrual basis of accounting. The appropriation ordinance was passed on December 9th, 2013, and was not amended. Appropriations lapse at the end of each fiscal year. The Township follows these procedures in establishing the budgetary data reflected in the financial statements: 1. The Township Supervisor submits to the Township Trustees a proposed operating budget for the fiscal year commencing the following January 1.The operating budget includes proposed expenditures. 2. Public budget hearings are conducted. Taxpayer comments are received and noted. 3. The budget is legally enacted through passage of a resolution. 4. The Township Supervisor is authorized to transfer budgeted amounts between departments within any fund; however, any revisions that alter the total expenditures of any fund must be approved by the Township Trustees. No supplementary appropriations were necessary during the current fiscal year. 5. Budgets are legally adopted on a basis consistent with GAAP. 2.Excess of Expenditures over Budget For the year ended April 30, 2014, budget expenditures exceeded actual expenditures by $333,705 in the General Fund (Town Fund), and budget expenditures exceeded actual expenditures by $1,018,199 in the General Assistance Fund. No excess funding was required by the available fund balances. NOTE B -DEFINED BENEFIT PENSION PLAN -DIGEST OF CHANGES Assumptions The actuarial assumptions used to determine the actuarial accrued liability for 2013 was determined as part of the December 31, 2011 actuarial valuation using the entry age normal actuarial cost method. 27172 of 401 SUPPLEMENTARY INFORMATION 173 of 401 Town of the City of Evanston, Illinois GENERAL FUND (TOWN FUND) COMPARISON OF EXPENDITURES WITH BUDGET For the four months ended April 30, 2014 SUPERVISOR Budget Expenditures Salary 13,668$ -$ Travel/conference 1,500 87 Dues and subscriptions 4,000 35 Audit 25,000 10,000 Legal/accounting services - 7,500 Banking fees 150 98 IMRF/FICA 2,208 - Unemployment tax-state 145 - Total supervisor 46,671 17,720 ASSESSOR Salary 8,000 2,667 Deputy salary 55,412 12,141 Assist salary 34,502 7,633 Staff Overtime 500 - Office supplies 1,000 - Payroll Processing - 479 Printing and duplicating 1,000 - Dues and subscriptions 600 400 Travel and education 2,500 169 Sidwell maps 500 - Postage 400 80 IMRF/FICA 16,500 5,219 Unemployment tax-state 750 603 Insurance 15,000 3,127 Contingency 500 - Contract servies 1,500 - Total assessor 138,664 32,517 28174 of 401 Town of the City of Evanston, Illinois GENERAL FUND (TOWN FUND) COMPARISON OF EXPENDITURES WITH BUDGET For the four months ended April 30, 2014 COMMUNITY PURCHASED SERVICES Budget Expenditures Childcare Network of Evanston 26,030$ -$ Housing Options 11,940 - Evanston Northshore YWCA 1,495 - Child Care Center of Evanston 4,080 - Connections for the Homeless 5,620 - Infant Welfare Society 22,685 - North Shore Senior Services 7,960 - Metropolitan Family Services 12,825 - Family Focus 7,635 - Legal Assistance Foundation 3,185 - Moran Center 7,960 Morthwest CASA 2,985 - YOU 23,875 - Peer Services 19,940 - Shore Community Services 6,735 - Total community purchased services 164,950 - COMMUNITY ACTION Community Services 32,500 - Veterans Services 715 557 Total community action 33,215 557 LEGAL SERVICES 1,000 - Total expenditures 384,499$ 50,794$ 29175 of 401 Town of the City of Evanston, Illinois SPECIAL REVENUE FUND (GENERAL ASSISTANCE FUND) COMPARISON OF EXPENDITURES WITH BUDGET For the four months ended April 30, 2014 MEDICAL PROGRAMS Budget Expenditures Hospital inpatient 3,000$ -$ Hospital outpatient 6,000 255 Drugs 60,000 15,612 All other physicians 3,500 158 X-rays 5,000 - Other medical 500 - Glasses 1,000 - Psychiatric outpatient 8,000 1,881 Transportation/ambulance 500 - Emergency room physicians 500 - Catastrophic insurance 3,200 - Total medical program 91,200 17,907 GENERAL ASSISTANCE GRANTS Rent 288,000 91,424 Personal 720,000 218,563 Transportation 2,250 - Other Needs 500 464 50/50 program 1,500 - Total general assistance grants 1,012,250 310,451 ADMINISTRATIVE PAYROLL EAS Admin Asst 14,960 8,798 Case Coordinator 86,230 28,228 Office manager 45,584 21,966 Confidential Accts/Personnel 61,726 35,097 Total administrative payroll 208,500 94,089 30176 of 401 Town of the City of Evanston, Illinois SPECIAL REVENUE FUND (GENERAL ASSISTANCE FUND) COMPARISON OF EXPENDITURES WITH BUDGET For the four months ended April 30, 2014 ADMINISTRATIVE OVERHEAD Budget Expenditures IMRF/FICA 33,000$ 9,493$ Medical and life insurance 67,000 21,215 General insurance 9,000 3,587 Advertising 500 - Printing and duplicating 2,000 1,596 Seminars and conferences 3,000 1,266 Staff travel 1,125 55 Office supplies 10,000 1,997 Payroll processing - 1,189 Unemployment tax - state 500 1,094 Postage 4,000 - Data processing - 1,050 Dues and subscriptions 2,500 160 Contract services 10,500 3,647 Contingency 1,500 (35) Bank fees 1,125 704 Total administrative overhead 145,750 47,018 Total administrative 354,250 141,106 WORK OPPORTUNITY PROGRAM Transportation -$ 1,341$ Total work opportunity program - 1,341 EMERGENCY ASSISTANCE PROGRAM Housing service 45,000 20,567 Food service 1,000 - Utilities/EAS Client Services 10,000 4,129 Total emergency assistance program 56,000 24,696 Total expenditures 1,513,700$ 495,501$ 31177 of 401 Town of the City of Evanston, Illinois PROPERTY TAX ASSESSED VALUATIONS, RATES AND EXTENSIONS AND COLLECTION ALLOCATIONS April 30, 2014 Rate Amount Rate Amount Rate Amount Rate Amount Rate Amount Assessed valuation 2,201,697,038$ 2,514,621,552$ 2,727,367,573$ 3,041,884,087$ 3,305,989,369$ Tax Extension Town Fund 0.011 240,562 0.010 248,161 0.011 290,266 0.011 311,319 0.010 311,319 General Assistance Fund 0.042 904,639 0.038 933,214 0.039 1,038,477 0.035 1,038,477 0.032 1,038,477 Total Levy 0.053 1,145,201$ 0.048 1,181,375$ 0.050 1,328,743$ 0.046 1,349,796$ 0.042 1,349,796$ Loss and cost provisions Collection allocation Fund Town 131,647$ 246,685$ 298,754$ 329,741$ 322,239$ General Assistance 500,988 937,401 1,059,221 1,049,214 1,032,729 Cumulative collections to April 30, 2014 632,635 1,184,086 1,357,975 1,378,955$ 1,354,968$ Levy as extended 1,145,201$ 1,181,375$ 1,328,743$ 1,349,796$ 1,349,796$ Percent collected 55.2%100.2%102.2%102.2%100.4% 32 2013 2012 2011 2010 2009 178 of 401 TOWN OF THE CITY OF EVANSTON, ILLINOIS Evanston, Illinois COMMUNICATION TO TOWN TRUSTEES AND MANAGEMENT As of and for the Four Months Ended April 30, 2014 179 of 401 TOWN OF THE CITY OF EVANSTON, ILLINOIS TABLE OF CONTENTS Page No. Required Communication of Internal Control Related Matters Identified in the Audit to Those Charged with Governance 1 Segregation of Duties 2 - 3 Required Communications by the Auditor to Those Charged with Governance 4 - 7 Summary of Uncorrected Financial Statement Misstatements Management Representations 180 of 401 REQUIRED COMMUNICATION OF INTERNAL CONTROL RELATED MATTERS IDENTIFIED IN THE AUDIT TO THOSE CHARGED WITH GOVERNANCE 181 of 401 To the Town Trustees Town of the City of Evanston Evanston, Illinois Baker Ti ll y Virchow Krause, LLP 1301 W/22 nd Sr, Stc 400 Oak B wok, IL 60523 -3389 rcl630 990 3 131 fa x 630 990 0039 bakcrtilly.com In planning and performing our audit of the financial statements of the Town of the City of Evanston (the "Township") as of and for the four months ended April 30, 2014, in accordance with auditing standards generally accepted in the United States of America, we considered its internal control over financial reporting (internal control) as a basis for designing our auditing procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of its internal controL Accordingly, we do not express an opinion on the effectiveness of its internal controL Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified . However, as discussed below, we identified a certain deficiency in internal control that we consider to be a significant deficiency. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency or combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis. We did not identify any deficiencies in internal control that we consider to be material weaknesses. A significant deficiency is a deficiency, or combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. We consider the following deficiency in the Township's internal control to be a significant deficiency, as discussed further on the following pages: > Segregation of Duties The Township's written response to the significant deficiency identified in our audit has not been subjected to the auditing procedures applied in the audit of the financial statements and, accordingly, we express no opinion on them. This communication is intended solely for the information and use of management, those charged with governance, and others within the organization and is not intended to be, and should not be, used by anyone £1:~ speciVXr;~~ LLP Oak Brook, lllln~ September 29, 2014 ~ao 1 ndep ende P t memb e•o l BAKER TILLY INTERNATIONAL Page 1 An Affirm~1 rive Accion Eqnal Oppormnity Emp loye r 182 of 401 Page 2 SEGREGATION OF DUTIES A critical element of internal control is that incompatible procedures in a control process be properly segregated. The Township operates its accounting and reporting function with limited staffing, which precludes a proper segregation of duties. This condition is not, however, unusual in entities the size of the Township. It is important for management to be aware of this condition and realize that the concentration of duties and responsibilities to a small group of individuals is not desirable from a control perspective. Under these conditions, the most effective controls rest in management's knowledge and monitoring of matters relating to the Township's financial affairs. This is accomplished when no one person handles all segments of a transaction from beginning to end. While this is the principle, in reality, the personnel constraints of many organizations do not always allow for ideal segregation of duties. However, it is our responsibility as auditors to communicate this significant deficiency. 1. The Accounting Manager has the ability to initiate purchases, process accounts payable, generate checks, and post transactions to the general ledger. Although the Accounting Manager does not have the ability to sign checks, persons processing accounts payable should be restricted from ordering and receiving goods and obtaining custody of checks. These duties should be segregated to prevent employees from using Township funds for unauthorized purchases. While the standard procedure at the Township is for the Office Manager to order goods, there is no control in place to ensure that the person processing accounts payable is restricted from ordering goods. Additionally, we noted that the Accounting Manger has the ability to enter new vendors into the AP system without any additional review or approval. We recommend a control in place that requires review and approval of new vendors to ensure an appropriate vendor is being used for purchases and the goods or services purchased are proper expenditures. 2. The Case Coordinator completes the budget computation spreadsheet to determine client eligibility in the Township’s Assistance Program and the Acting Township Director reviews and approves them. However, the Acting Township Director has the ability to complete the Budget computation. This would lead to a separation of duties as no one else reviews these computations if they are completed by the Acting Township Director. We recommend a control in place that requires a separate review and approval for all budget computations completed by the Acting Township Director or limiting the Acting Township Director from completing the budget computations and only review the forms completed by the Case Coordinator. As these procedural controls do not exist, you should rely more heavily on your direct knowledge of the Township’s operations and day-to-day contact with employees to control and safeguard assets. Due to the limited size of Township operations the cost of additional staff to facilitate proper segregations of duties may outweigh the benefits, and the current method of operations may continue to be an acceptable method for you to use for many years to come. The purpose of this portion of our comments is to meet our professional responsibility of communicating potential risks to you and to keep you aware of the importance of having good people and maintaining close contact with them and the operation of the Township. This situation still necessitates an increased amount of management involvement in the day-to-day operations of the system. Management should continue to be aware of these conditions and realize that the concentration of duties and responsibilities in a limited number of individuals is not desirable from a control point of view. 183 of 401 Page 3 SEGREGATION OF DUTIES (cont.) Management’s Response: In the segregation of duties, the 1st recommendation, point #1, the Accounting Manager does have the ability to purchase supplies, however, supply purchasing is the duty and responsibility of the Office Manager. The Accounting Manager gives the Office Manager a list of supplies that need to be ordered. The Accounting Manager does have the ability also to process accounts payable, generate checks and post transactions to the general ledger, however, every invoice is approved by the Township’s Supervisor as well as the Town Board for payment of invoice and most importantly the Accounting Manager is not a signer on any of the Township’s bank accounts. Every check that is processed is put on the Township monthly bills list that is submitted to the Town Board for review and approval of payment as well. Every item that is posted to the general ledger is reviewed by the Township’s outside accountant and signed off on by the accountant, the confidential accounts human resource manager and the supervisor. Once the invoice has been processed and the check has been run, it is then given to the Township Supervisor for approval and signature. The Township also has a limited number of vendors who are basically used all the time. The Township does not do a lot of new business. Starting January 1, 2014 the City Accounting Staff has started reviewing all FY2014 township transactions and reconciliations. Furthermore, with the dissolution of the township, City of Evanston has taken over all operations of the township effective May 1, 2014. Currently, City Accounting staff is handling all Accounting and Accounts Payable, Payroll Staff is processing payroll, Human Resources is handling all benefit matters and the Health Department is handling processing of all grants. This has clearly helped improve internal controls and segregation of duties In the segregation of duties, the 2nd recommendation, point #2 the Management agrees that the Acting Township Director has the ability to complete a budget computation spreadsheet. Going forward, with the dissolution of the Township, as explained in the earlier paragraph, the comprehensive City Budget process would mitigate any issue of segregation of budget duties and internal control. 184 of 401 REQUIRED COMMUNICATIONS BY THE AUDITOR TO THOSE CHARGED WITH GOVERNANCE 185 of 401 Page 4 Baker Tilly Virchow Krause, LLP 1301 W 22nd St, Ste 400 Oak Brook, IL 60523-3389 tel 630 990 3131 fax 630 990 0039 bakertilly.com To the Town Trustees Town of the City of Evanston Evanston, Illinois Thank you for using Baker Tilly Virchow Krause, LLP as your auditor. We have completed our audit of the financial statements of the Town of the City of Evanston (the “Township”) for the four months ended April 30, 2014 and have issued our report thereon dated September 29, 2014. This letter presents communications required by our professional standards. OUR RESPONSIBILITY UNDER AUDITING STANDARDS GENERALLY ACCEPTED IN THE UNITED STATES OF AMERICA The objective of a financial statement audit is the expression of an opinion on the financial statements. We conducted the audit in accordance with auditing standards generally accepted in the United States of America. These standards require that we plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements prepared by management with your oversight are free of material misstatement, whether caused by error or fraud. Our audit included examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing accounting principles used and significant estimates made by management, and evaluating the overall financial statement presentation. Our audit does not relieve management or those charged with governance of their responsibilities. As part of obtaining reasonable assurance about whether the Township’s financial statements are free of material misstatement, we will perform tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on com pliance with those provisions is not an objective of our audit. OTHER INFORMATION IN DOCUMENTS CONTAINING AUDITED FINANCIAL STATEMENTS Our responsibility does not extend beyond the audited financial statements identified in this report. We do not have any obligation to and have not performed any procedures to corroborate other information contained in client prepared documents, such as official statements related to debt issues. PLANNED SCOPE AND TIMING OF THE AUDIT We performed the audit according to the planned scope and timing previously communicated to you in our prior year Report on Internal Control dated June 4, 2014. 186 of 401 To the Town Trustees Town of the City of Evanston Page 5 QUALITATIVE ASPECTS OF THE ENTITY’S SIGNIFICANT ACCOUNTING PRACTICES Accounting Policies Management is responsible for the selection and use of appropriate accounting policies. In accordance with the terms of our engagement letter, we will advise management about the appropriateness of accounting policies and their application. The significant accounting policies used by the Township are described in Note A to the financial statements. We noted no transactions entered into by the Township during the four months that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Management’s estimate of the useful lives of capital assets for calculating depreciation and amortization expense is based on the projected life of the asset. We evaluated the key factors and assumptions used to develop the estimated useful lives in determining that it is reasonable in relation to the financial statements taken as a whole. We evaluated the key factors and assumptions used to develop these estimates in determining that it is reasonable in relation to the financial statements taken as a whole. Financial Statement Disclosures The disclosures in the financial statements are neutral, consistent, and clear. DIFFICULTIES ENCOUNTERED IN PERFORMING THE AUDIT We encountered no significant difficulties in dealing with management in performing our audit. CORRECTED AND UNCORRECTED MISSTATEMENTS Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. A summary of uncorrected financial statement misstatements follows this required communication. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. 187 of 401 To the Town Trustees Town of the City of Evanston Page 6 DISAGREEMENTS WITH MANAGEMENT For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. CONSULTATIONS WITH OTHER INDEPENDENT ACCOUNTANTS In some cases, management may decide to consult with other accountants about auditing and accounting matters. If a consultation involves application of an accounting principle to the governmental unit’s financial statements or a determination of the type of auditors’ opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. MANAGEMENT REPRESENTATIONS We have requested certain representations from management that are included in the management representation letter. This letter follows this required communication. INDEPENDENCE We are not aware of any relationships between Baker Tilly Virchow Krause, LLP and the Township that, in our professional judgment, may reasonably be thought to bear on our independence. Relating to our audit of the financial statements of the Township for the four months ended April 30, 2014, Baker Tilly Virchow Krause, LLP hereby confirms that we are, in our professional judgment, independent with respect to the Township in accordance with the Code of Professional Conduct issued by the American Institute of Certified Public Accountants, and provided no services to the Township other than audit services provided in connection with the audit of the current year’s financial statements and nonaudit services which in our judgment do not impair our independence. > Compilation of state regulatory report (AFR) This nonaudit service does not constitute an audit under generally accepted auditing standards. OTHER AUDIT FINDINGS OR ISSUES We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the Township’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. OTHER MATTERS With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. 188 of 401 To the Town Trustees Town of the City of Evanston This information is intended solely for the use of the Town Board and management and is not intended to be, and should not be, used by anyone other than these specified parties. We welcome the opportunity to discuss the information included in this letter and any other matters. Thank you for allowing us to serve you . o§±~!~ v~ r:ltta4, w September 29, 2014 Page 7 189 of 401 MANAGEMENT REPRESENTATIONS 190 of 401 ~~ City of Evanston- September 29, 2014 Baker Tilly Virchow Krause , LLP 1301 W. 22nd Street Suite 400 Oak Brook, IL 60523 Dear Baker Tilly Virchow Krause, LLP: Administrative Services 2100 Ridge Ave Evanston, Illinois 60201 T 847 .866.2934 TTY 847.448.8064 www.cityofevanston.org We are providing this letter in connection with your audit of the financial statements of the Town of the City of Evanston, Illinois as of April 30, 2014 and for the four months then ended for the purpose of expressing an opinion as to whether the financial statements present fairly, in all material respects, the respective financial position of the governmental activities and each major fundof the Town of the City of Evanston, Illinois and the respective changes in financial position in conformity with accounting principles generally accepted in the United States of America. We confirm that we are responsible for the fair presentation of the previously mentioned financial statements in conformity with accounting principles generally accepted in the United States of America . We are also responsible for adopting sound accounting policies, establishing and maintaining internal control over financial reporting, and preventing and detecting fraud. Certain representations in this letter are described as being limited to matters that are material. Items are considered material, regardless of size, if they involve an omission or misstatement of accounting information that, in the light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would be changed or influenced by the omission or misstatement. An omission or misstatement that is monetarily small in amount could be considered material as a result of qualitative factors. We confirm, to the best of our knowledge and belief, the following representations made to you during your audit. Financial Statements 1. We have fulfilled our responsibilities, as set out in the terms of the audit engagement letter. 2. The financial statements referred to above are fairly presented in conformity with accounting principles generally accepted in the United States of America. We have engaged you to advise us in fulfilling that responsibility. The financial statements include all properly classified funds of the primary government required by accounting principles generally accepted in the United States of America to be included in the financial reporting entity. 3. We acknowledge our responsibility for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. 4. We acknowledge our responsibility for the design, implementation, and maintenance of internal control to Page 1 of 5 191 of 401 prevent and detect fraud. 5. Significant assumptions we used in making accounting estimates are reasonable. 6. Related party relationships and transactions, including revenues, expenditures/expenses, loans, transfers, leasing arrangements, and guarantees , and amounts receivable from or payable to related parties have been appropriately accounted for and disclosed in accordance with the requirements of accounting principles generally accepted in the United States of America. 7. All events subsequent to the date of the financial statements and for which accounting principles generally accepted in the United States of America require adjustment or disclosure have been adjusted or disclosed. No other events, including instances of noncompliance, have occurred subsequent to the balance sheet date and through the date of this lettm that would require adjustment to or disclosure in the aforementioned financial statements. 8. All material transactions have been recorded in the accounting records and are reflected in the financial statements. 9 . We believe the effects of the uncorrected financial statement misstatements summarized in the attached schedule are immaterial, both individually and in the aggregate, to the basic financial statements taken as a whole. In addition, you have recommended adjusting journal entries, and we are in agreement with those adjustments. 10. We are not aware of any known actual, possible, or threatened litigation, claims, or assessments or unasserted claims or assessments that are required to be accrued or disclosed in the financial statements in accordance with accounting principles generally accepted in the United States of America, and we have not consulted a lawyer concerning litigation, claims , or assessments. 11 . Guarantees, whether written or oral , under which the Town of the City of Evanston, Illinois is contingently liable, if any, have been properly recorded or disclosed. Information Provided 12. We have provided you with: a. Access to all information, of which we are aware, that is relevant to the preparation and fair presentation of the financial statements, such as financial records and related data , documentation, and other matters. b. Additional information that you have requested from us for the purpose of the audit. c. Unrestricted access to persons within the entity from whom you determined it necessary to obtain . audit evidence. d. Minutes of the meetings of Human Services Committee and City Council or summaries of actions of recent meetings for which minutes have not yet been prepared . 13. We have disclosed to you the results of our assessment of the risk that the financial statements may be materially misstated as a result of fraud . 14. We have no knowledge of any fraud or suspected fraud that affects the entity and involves : a. Management, b. Employees who have significant roles in internal control, or c. Others where the fraud could have a material effect on the financial statements. 15. We have no knowledge of any allegations of fraud or suspected fraud affecting the entity received in 192 of 401 communications from employees, former employees, regulators, or others. 16. We have no knowledge of known instances of noncompliance or suspected noncompliance with provisions of laws, regulations, contracts, or grant agreements, or abuse, whose effects should be considered when preparing financial statements. 17. There are no known related parties or related party relationships and transactions of which we are aware. Other 18. There have been no communications from regulatory agencies concerning noncompliance with, or deficiencies in, financial reporting practices. 19. We have a process to track the status of audit findings and recommendations. 20. We have identified to you any previous financial audits, attestation engagements, and other studies related to the audit objectives and whether related recommendations have been implemented. 21. We have provided our views on reported findings, conclusions, and recommendations, as well as our planned corrective actions, for our report. 22. The Town of the City of Evanston, Illinois has no plans or intentions that may materially affect the carrying value or classification of assets, liabilities, or equity . 23. We are responsible for compliance with federal, state, and local laws, regulations, and provisions of contracts and grant agreements applicable to us, including tax or debt limits and debt contracts; and we have identified and disclosed to you all federal, state, and local laws, regulations and provisions of contracts and grant agreements that we believe have a direct and material effect on the determination of financial statement amounts or other financial data significant to the audit objectives, including legal and contractual provisions for reporting specific activities in separate funds. 24. There are no: a. Violations or possible violations of budget ordinances, federal, state, and local laws or regulations (including those pertaining to adopting and amending budgets), provisions of contracts and grant agreements, tax or debt limits, and any related debt covenants whose effects should be considered for disclosure in the financial statements or as a basis for recording a loss contingency, or for reporting on noncompliance. b. Other liabilities or gain or loss contingencies that are required to be accrued or disclosed by accounting principles generally accepted in the United States of America. c. Nonspendable, restricted, committed, or assigned fund balances that were not properly authorized and approved. d. Rates being charged to customers other than the rates as authorized by the applicable authoritative body. 25 . In regards to the nonattest services performed by you listed below, we have 1) made all management dec isions and performed all management functions; 2) designated an individual with suitable skill, knowledge , o r experience to oversee the services; 3) evaluated the adequacy and results of the services performed , and 4) accepted responsibility for the results of the services. a. Compilation of state regulatory report (AFR) 193 of 401 None of these non attest services constitute an audit under generally accepted auditing standards, including Government Auditing Standards. 26. The Town of the City of Evanston, Illinois has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledged as collateral. 27. We have followed all applicable laws and regulations in adopting, approving, and amending budgets. 28. The financ ial statements properly classify all funds and activities. 29. All funds that meet the quantitative criteria in GASB Statement No . 34 and No. 37 for presentation as major are identified and presented as such and all other funds that are presented as major are particularly important to financial statement users. 30. Components of net position (net investment in capital assets; restricted; and unrestricted) and equity amounts are properly classified and, if applicable, approved. 31. The Town of the City of Evanston, Illinois has no derivative financial instruments such as contracts that could be assigned to someone else or net settled, interest rate swaps, collars or caps. 32. Provisions for uncollectible receivables have been properly identified and recorded . 33. Expenses have been appropriately classified In or allocated to functions and programs in the statement of activities, and allocations have been made on a reasonable basis . 34. Revenues are appropriately classified in the statement of activities within program revenues and general revenues. 35. lnterfund, internal, and intra-entity activity and balances have been appropriately classified and reported . 36. Deposits and investment securities are properly classified as to risk, and investments are properly valued. Collateralization agreements with financial institutions, if any, have been properly disclosed. 37. Capital assets, including infrastructure and intangible assets, are properly capitalized, reported, and, if applicable, depreciated/amortized. Any known impairments have been recorded and disclosed. 38. We have appropriately disclosed the Town of the City of Evanston, Illinois's policy regarding whether to first apply restricted or unrestricted resources when an expense is incurred for purposes for which both restricted and unrestricted net position are available and have determined that net position were properly recognized under the policy. We have also disclosed our policy regarding how restricted and unrestricted fund balance is used when an expenditure is incurred for which both restricted and unrestricted fund balance is available, including the spending hierarchy for committed, assigned, and unassigned amounts. 39. We acknowledge our responsibility for the required supplementary information (RSI). The RSI is measured and presented withi n prescri bed guidelines and the methods of measurement and presentation have not changed from those used In the prior period. We have disclosed to you any significant assumptions and Inte rpretations underlying the measurement and presentation of the RSI. 40. With respect to the supplementary information, (SI): 194 of 401 a. We acknowledge our responsibility for presenting the Sl in accordance with accounting principles generally accepted in the United States of America, and we believe the Sl, including its form and content, is fairly presented in accordance with accounting principles generally accepted in the United States of America. The methods of measurement and presentation of the Sl have not changed from those used in the prior period, and we have disclosed to you any significant assumptions or interpretations underlying the measurement and presentation of the supplementary information. b. If the Sl is not presented with the audited financial statements, we will make the audited financial statements readily available to the intended users of the supplementary information no later than the date we issue the supplementary information and the auditor's report thereon. 41. We have implemented GASB Statement No. 65 and believe that all deferred outflows and deferred inflows have been identified and properly classified In the financial statements and any other required classifications have been computed in compliance with the Standard. Sincerely, Town of the City of Evanston, Illinois Signed: w~ ~-. -<r Signed: ------------- Signed: ------------- 195 of 401 SUMMARY OF UNCORRECTED FINANCIAL STATEMENT MISSTATEMENTS 196 of 401 Governmental Activities Town (General) Fund Current Assets Township of Evanston SUMMARY OF UNCORRECTED FINANCIAL STATEMENT MISSTATEMENTS April 30, 2014 Financial Statements Effect - Debit {Credit) to Financial Statement Total Total Noncurrent Total Assets/ Current Noncurrent Total Liabilities/ Net Position/ Assets Deferred Outflows Liabilities Liabilities Deferred Inflows Fund Balances ---(27,283) 27,283 10,355 10.355 (10,355) Total Change in Total Expenses/ Net Position/ Revenues Ex!!enditures Fund Balances (10,355) 5,503 (4.852) (10,355) (10 ,355) 197 of 401 For City Council meeting of January 26, 2015 Item A6 Resolution 6-R-15: Reimbursement of 2014 General Obligation Bond Issue For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Resolution 6-R-15 Authorizing that Payments Relating to the FY 2015 Capital Improvement Plan (C.I.P) Projects Be Reimbursed by the Subsequent 2015 General Obligation (G.O.) Bond Issuance Date: January 26, 2015 Recommended Action: Staff recommends City Council adoption of Resolution 6-R-15 authorizing that payments relating to FY2015 Capital Improvement Plan (C.I.P.) project expenditures up to $14,320,650 be reimbursed by the subsequent 2015 General Obligation (G.O.) bond issuance. Summary: The 2015 Budget and Capital Improvements Plan include the issuance of approximately $14,320,650 in G.O. bonds, which includes the following amounts: Fund Amount Capital Improvements Fund 7,085,650 Special Assessment Fund 760,000 Water Fund 6,475,000 TOTAL 14,320,650 This resolution allows the City to pay necessary C.I.P. costs and reimburse itself from the G.O. bond proceeds. Any payments that need to be made before the bond proceeds are received will be made from the appropriate City fund and then reimbursed from bond proceeds. As approved on November 24, 2014, the attached project list shows C.I.P. projects that will be funded through bond proceeds. Attachments: Resolution 6-R-14 2014 Reimbursement Resolution Project List Memorandum 198 of 401 1/20/2015 6-R-15 A RESOLUTION Expressing Official Intent Regarding Expenditures from the Funds of the City of Evanston, Cook County, Illinois, to be Reimbursed from Proceeds of Obligations to be Issued by the City of Evanston, Cook County, Illinois WHEREAS, the City of Evanston, Cook County, Illinois (the “City”) has financed and further intends to finance projects (attached as Exhibit “A”) consisting of various capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2015 in the City’s Capital Improvement Plan, as adopted by the City Council of the City (the “Projects”); and WHEREAS, all or a portion of the expenditures as proposed to be reimbursed and relating to such Projects (the “Expenditures”): (i) have been paid within (60) days prior to the passage of this Resolution; or (ii) will be paid on or after the passage of this Resolution; and WHEREAS, the City reasonably expects to reimburse itself or pay for the Expenditures with proceeds of an obligation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Incorporation of Preambles. The City Council hereby finds and determines that all of the recitals contained in the preambles to this resolution are full, true and correct and does hereby incorporate them into this Resolution by this reference. 199 of 401 6-R-15 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2015 SECTION 2: Reimbursement. The City reasonably expects to reimburse or pay the Expenditures with the proceeds of an obligation. SECTION 3: Maximum Principal Amount. The maximum principal amount of the obligations expected to be issued for the Projects is fourteen million three hundred twenty thousand six hundred and fifty dollars (14,320,650). SECTION 4: Actions. All actions of the officers, agents and employees of the City that are in conformity with the purposes and intent of this Resolution, whether taken before or after the adoption hereof, are hereby ratified, confirmed and adopted. SECTION 5: Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Resolution. SECTION 6: This Resolution 6-R-15 shall be in full force and effect from and after its passage and approval in the manner provided by law. 200 of 401 Project Funding Source Fund Responsible New Funding 2015 Baker Park Renovations GO Bonds Capital Improvement 400,000 Bike Lane through Mason Park GO Bonds Capital Improvement 25,000 Central Street Sidewalk - Hartrey to Eastwood Design GO Bonds Capital Improvement 150,000 Central Street Sidewalk - Prairie to Greenbay Construction GO Bonds Capital Improvement 400,000 Central Street Streetscape (Lincolnwood to Ewing--north side) GO Bonds Capital Improvement 350,000 Chicago Avenue Water Main Resurfacing Streetscape GO Bonds Capital Improvement 500,000 Civic Center Security Improvements GO Bonds Capital Improvement 100,000 Crown Center Design GO Bonds Capital Improvement 800,000 Dempster Signals Phase II & III and Construction Engineering GO Bonds Capital Improvement 250,000 Ecology Center Greenhouse Renovations & Expansion of Bldg GO Bonds Capital Improvement 50,000 Emerson/Ridge/Green Bay Intersection-- Design GO Bonds Capital Improvement 250,000 Energy Efficiency Programs GO Bonds Capital Improvement 50,000 Engineering Services GO Bonds Capital Improvement 500,000 Facilities Capital Improvement Contingency GO Bonds Capital Improvement 50,000 Fleetwood-Jourdain & Chandler Center / Minor Improvements GO Bonds Capital Improvement 75,000 Hastings Street Resurfacing & Water Main (Harrison to Colfax)GO Bonds Capital Improvement 84,000 Hinman Street Resurfacing & Water Main (Main to South Blvd)GO Bonds Capital Improvement 50,000 Ladd Arboretum Bike Path Renovations (not on street)GO Bonds Capital Improvement 123,000 Lake Street Resurfacing & Water Main (Chicago to Sherman)GO Bonds Capital Improvement 28,650 Lovelace Park Soccer Field Renovations GO Bonds Capital Improvement 800,000 Neighborhood Traffic Calming & Pedestrian/Bike Accommodations GO Bonds Capital Improvement 75,000 Parks Contingency GO Bonds Capital Improvement 100,000 201 of 401 Pedestrian Safety, Pavement Marking, Streetlight Improvements GO Bonds Capital Improvement 150,000 Penny Park Renovations GO Bonds Capital Improvement 400,000 Pitner Street Resurfacing & Water Main (Dempster to Nathaniel)GO Bonds Capital Improvement 195,000 Police Cameras GO Bonds Capital Improvement 325,000 Police/Fire Parking Lake Street GO Bonds Capital Improvement 150,000 Service Center Outside Maintenance and Storage GO Bonds Capital Improvement 50,000 Sheridan Road Signal Upgrade Project (Main to Burnham)GO Bonds Capital Improvement 150,000 Sidewalk-- 50/50 Replacement Program GO Bonds Capital Improvement 150,000 Solar Power Installation GO Bonds Capital Improvement 55,000 Street Patching various locations GO Bonds Capital Improvement 150,000 Structural Engineering Contract Services GO Bonds Capital Improvement 100,000 Alley Paving GO Bonds Special Assessment 750,000 Alley Special Assessment Assistance GO Bonds Special Assessment 10,000 Sheridan Road/Chicago Improvements-- Water Main, Street, Bike Lane, Lighting, Signal (Design & Construction)GO Bonds Water 4,225,000 Standpipe Painting and Mixing Equipment GO Bonds Water 2,250,000 TOTAL 14,320,650.00$ 202 of 401 For City Council meeting of January 26, 2015 Item A7 Resolution 7-R-15: Modification of Loan Terms for Chicago’s Home of Chicken & Waffles For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: Resolution 7-R-15, Modification of Loan Terms for Chicago’s Home of Chicken & Waffles Located at 2424 Dempster Street Date: January 20, 2015 Recommendation: Staff submits for consideration Resolution 7-R-15 a modification of terms of the loan agreement between the City of Evanston and Chicago’s Home of Chicken and Waffles. Background City Council approved resolution 43-R-12 on May 14, 2012 and the agreement was executed on June 8, 2012. The resolution authorized the City Manager to execute a loan agreement of up to $200,000 (funding source was $75,000 from the City’s Community Development Block Grant and $125,000 Economic Development Fund). The total project cost was estimated to be $482,000. The City’s assistance filled a financial gap that conventional / private market sources were unwilling to fill completely on their own, at the time. The project represents a public private partnership with First Bank and Trust and the City’s loan each representing approximately 26% of the total project cost, and the owners directly contributing a total of 28%. The remaining 20% was secured by the owner through the Express Working Capital program. The Evanston location of the Chicago’s Home of Chicken and Waffles has not generated the revenue Mr. Darnell Johnson projected. As a result, Mr. Johnson has only been able to make intermittent mortgage payments to the City of Evanston during the repayment period. The loan is currently in default. The total amount in arrears for past due payments, including accrued and unpaid interest is $14,697.48 (as of January 20, 2015). Staff has confirmed that Chicken and Waffles is current with First Bank and Trust, the city’s partner in this loan. The City Council also approved Resolution 79-R-12 authorizing the city manager to execute a right-of-way lease agreement with Chicago’s Home of Chicken and W affles which provided 15 parallel parking spaces on McDaniel Avenue north of Dempster and 24 perpendicular spaces on McDaniel, south of Dempster for a total of 39 parking Memorandum 203 of 401 spaces. Chicago’s Home of Chicken agreed to a five year lease term with annual payments of $11,070. The City as landlord maintains responsibility for repair and maintenance including snow removal. The right-of-way agreement is currently in default as Chicken and Waffles has not paid rent since execution of the agreement. The total amount due is $22,140. However, Chicago’s Home of Chicken and Waffles has paid a total of $6,175 for snow removal in the leased portion of the right-of-way. In the right of way agreement with the restaurant, the City has the responsibility for snow removal. Mr. Johnson will seek reimbursement for these expenses. Public Works staff has reconciled receipts submitted by Mr. Johnson to snowfall events and proposes reimbursement totaling $4,500. Mr. Johnson proposes applying the snow removal reimbursement to the economic development loan balance. The formal reconciliation of this account and consideration of potential modifications to the right-of-way lease will come before City Council on February 9, 2015. Request for Assistance & Proposed Loan Restructuring: To provide for additional cash flow as the business plan is modified to generate additional revenue, Chicago’s Home of Chicken and Waffles is seeking to amend the mortgage terms as presented in the table below. Loan Terms Chicken & Waffles Proposal Staff Proposal Period of Loan Current: Amortizes over 20 years Recommend longer (30 year) amortization period. 30 year amortization period. Interest Rate Current: 5.75% Reduce the interest rate from 5.75% to 3.75%. Maintain interest rate of 5.75%. Balloon Payment Date Current: Loan due 5 years from date of agreement Loan is due and payable in ten years (as opposed to 5 years as outlined in current agreement). Loan is still due and payable in 5 years from restructure date (March 1, 2020). NA Add the outstanding balance owed to the loan balance. Add outstanding balance and upcoming February 2015 payment added to loan balance. First Payment NA New payment to begin March 1, 2015. 204 of 401 The impact of the loan modification is summarized in the following table: Chicago's Home of Chicken & Waffles Estimated Loan Amendment Impact Original Terms Staff Proposal Loan Term 5 years 5 Years Est Balance due at end of loan term $ 172,957 $ 187,097 Interest Paid to City $ 54,173 $ 55,374 Monthly Payment $ 1,404 $ 1,163 Attachments: Resolution 7-R-15 Memorandum from City of Evanston Corporation Counsel Chicken and Waffles Request to Amend Loan 2013-14 Chicken and Waffles Financial Statements Chicken and Waffles Snow Removal Receipts Executed Loan Documents November 19, 2014 Loan Statement 205 of 401 1/20/2015 7-R-15 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Loan Modification with Signature Food Solutions, Inc. d/b/a “Chicago’s Home of Chicken & Waffles” WHEREAS, on May 14, 2012 the City Council approved Resolution 43-R- 12 which authorized a loan to VFJ Enterprises, Inc. in the principal amount of $200,000 (the “Loan”) for the renovation of the commercial building at 2424 Dempster Street for the operation of the business commonly known as “Chicago’s Home of Chicken and Waffles”; and WHEREAS, the actual Borrower was modified to a different corporate entity from VFJ Enterprises to Signature Food Solutions, Inc. prior to execution of the loan documents; and WHEREAS, Signature Food Solutions, Inc. seeks certain amendments to the terms of the Loan, including a reduced interest rate, longer loan term, relief from payments in arrears, and longer amortization schedule (the “Loan Modifications”); and WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City would be served by modifying the terms of the Loan and to maintain an existing business, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to negotiate a loan modification with Signature Food Solutions based on the following modifications: (a) 206 of 401 7-R-15 ~ 2 ~ modify the total loan amount to $193,395.72 from $200,000 to account for the payments received and the outstanding payments; (b) the total payments in arrears shall be added to the total balance owed; (c) first payment is due and payable on March 1, 2015; and (d) amend the Loan Term to a 5-year repayment starting March 1, 2015 to March 1, 2020; SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the loan agreement, mortgage and promissory note as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. Prior to the City’s execution of the modified Loan Documents, the Borrower must be in good standing with the State of Illinois and must comply with all requests for documents prior to any loan modification. SECTION 3: This Resolution 7-R-15 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: __________________, 2015 207 of 401 Page 1 of 1 To: Honorable Mayor and Members of the City Council Wally Bobkiewicz, City Manager From: W. Grant Farrar, Corporation Counsel Subject: Summary of Current Default by Chicago’s Home of Chicken & Waffles Date: January 26, 2015 I report as to issues regarding the loan modification requested by Chicago’s Home of Chicken & Waffles (“CHCW”). Consonant with my legal, professional, and ethical duties owed to the municipal corporation, this memorandum is issued to the City Council to transparently identify the financial risks and exposure to the City. CHCW is in default to the City to the amount of $47,907.17 The components to the default are as follows: 1) Default to the City to the amount of $33,210 due to its refusal over 2 ½ years to pay anything on the right-of-way lease agreement memorialized by resolution 79- R-12. CHCW is obligated to pay to the City $11,070 each calendar year. 2) Over 190 days in default on the loan agreement in the amount of $14,697.31 as of January 25, 2015. CHCW failed to make a payment on the loan since July 14, 2014. The promissory note executed by CHCW defines a default as “The failure of the Borrower to pay any amount due hereunder for a period in excess of ten (10) days after it becomes due and payable under this Note…” The cumulative effect of default on the loan totals $201,300 in accrued interest and principal owed (more than the original $200,000 loan). CHCW does not dispute it owes these moneys to the City and confirmed same on January 8, 2015. CHCW remains current in payments due to First Bank and Trust. $75,000 of the loan amount consists of federal Community Block Development Grant (“CDBG”) funds. Allocation and expenditure of the CDBG funds, and CHCW’s non - payment regarding same, shall trigger an audit of such moneys by the U.S. Department of Housing and Urban Development. The City is mandated to cooperate with HUD and to comply with all necessary federal reporting requirements and requests for information. Memorandum 208 of 401 209 of 401 Assets 2013 2014 Cash 67,570$ 86,838$ Inventory Building 200,000$ 200,000$ Fixed Assets (Buildout)300,000$ 300,000$ Vehicles -$ -$ (Accumulated Depreciation)(17,678)$ (33,840)$ Total Assets 549,892$ 552,999$ Liabilities First Bank & Trust 198,245$ 197,633$ City of Evanston 194,660$ 192,351$ Ray Levell (Interest only)-$ Accounts Payable -$ -$ Total Liabilities 392,905$ 389,984$ Equity Withdrawal -$ -$ Owners Equity 150,000$ 150,000$ Retained Earnings -$ 6,987$ Retained Earnings-Current 6,987$ 6,028$ Total Equity 156,987$ 163,015$ Total Liabilities & Equity 549,892$ 552,999$ -$ -$ Signature Food Solutions - Evanston Balance Sheet For The Period Ending August 31, 2014 210 of 401 Revenue 2013 2014 Gross Sales 1,239,511$ 548,444$ Cost of Sales (455,635)$ (185,076)$ Total Revenue 783,876$ 363,368$ Gross Profit Margin %63%66% Expenses: Salary & Wages 559,971$ 185,311$ Utilities - Phone 4,002$ 2,143$ Utilities - Electric, Water, Gas 15,237$ 18,384$ Utilities - Scavenger Services -$ 3,726$ Repairs 4,919$ 2,485$ Entertainment 17,873$ 5,720$ Cleaning Supplies 3,429$ 3,747$ Uniforms 6,258$ 15,423$ License & Fees 11,280$ 648$ Insurance (Property & Casualty)-$ -$ Vehicle Insurance -$ -$ Vehicle Maintenance -$ -$ Advertising 16,500$ -$ Sales Tax 77,498$ 37,276$ Liquor Tax 3,193$ 1,425$ Professional Fees 7,600$ 6,025$ Miscellaneous Expenses 16,012$ 47,519$ Depreciation 17,678$ 16,162$ Interest Expense 15,439$ 11,346$ Total Expenses 776,889$ 357,340$ Net Profit / (Loss) Before Taxes 6,987$ 6,028$ Signature Food Solutions - Evanston Income Statement For The Period Ending August 31, 2014 211 of 401 Chicken and Waffles Snow Removal Reimbursement Date Amount Description 1/31/2013 175$ Full Service 2/5/2013 100$ Shovel and Plow Only 2/9/2013 175$ Full Service 2/15/2013 75$ Shovel and Salt 2/20/2013 175$ Full Service 2/24/2013 100$ Shovel and Plow Only 2/27/2013 175$ Full Service 3/5/2013 100$ Shovel and Plow Only 3/7/2013 75$ Shovel and Salt 3/12/2013 100$ Shovel and Plow Only 3/21/2013 100$ Shovel and Plow Only 3/25/2013 175$ Full Service 11/1/2013 175$ Full Service 11/23/2013 100$ Shovel and Plow Only 11/26/2013 100$ Shovel and Plow Only 12/3/2013 175$ Full Service 12/9/2013 100$ Shovel and Plow Only 12/11/2013 175$ Full Service 12/15/2013 75$ Shovel and Salt 12/21/2013 175$ Full Service 12/26/2013 175$ Full Service 12/30/2013 100$ Shovel and Plow Only 1/2/2014 175$ Full Service 1/5/2014 175$ Full Service 1/9/2014 100$ Shovel and Plow Only 1/10/2014 75$ Shovel and Salt 1/16/2014 175$ Full Service 1/21/2014 175$ Full Service 1/26/2014 100$ Shovel and Plow Only 1/29/2014 175$ Full Service 2/1/2014 175$ Full Service 2/6/2014 175$ Full Service 2/9/2014 100$ Shovel and Plow Only 2/13/2014 100$ Shovel and Plow Only 2/17/2014 75$ Shovel and Salt 2/21/2014 100$ Shovel and Plow Only 2/26/2014 175$ Full Service 3/7/2014 75$ Shovel and Soft 3/11/2014 175$ Full Service 3/13/2014 175$ Full Service 3/19/2014 175$ Full Service 3/24/2014 175$ Full Service 3/26/2014 175$ Full Service 3/31/2014 100$ Shovel and Plow Only 4/5/2014 100$ Shovel and Plow Only 4/10/2014 100$ Shovel and Plow Only Total 6,175$ 212 of 401 213 of 401 214 of 401 215 of 401 216 of 401 217 of 401 218 of 401 219 of 401 220 of 401 221 of 401 222 of 401 223 of 401 224 of 401 225 of 401 226 of 401 227 of 401 228 of 401 229 of 401 230 of 401 231 of 401 232 of 401 233 of 401 234 of 401 235 of 401 236 of 401 237 of 401 238 of 401 239 of 401 240 of 401 241 of 401 242 of 401 243 of 401 For Council Meeting of January 26, 2015 Item A8 Ordinance 149-O-14: Amending the Water Supply Contract For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Ordinance 149-O-14 Amending the Water Supply Contract with the Northwest Water Commission Date: January 5, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 149-O-14 authorizing the City Manager to execute Amendment No. 2 to the Amended and Restated Water Supply Contract between the Northwest Water Commission and the City of Evanston. The proposed amendment provides language that would allow Evanston to feed two chemicals directly into the Commission’s pipeline. Background: In accordance with the current water supply contract, Evanston provides water to the Commission that meets or exceeds all water quality standards at the point of delivery. However it has been determined that modifying the feed point location of two chemicals, fluoride and ortho-polyphosphate, after the point of delivery would improve the treatment process and result in some financial savings. The existing fluoride feed point is located at the front end of the treatment process, into the flash mix basin. As a result, some of the fluoride chemical is lost during the flocculation and sedimentation process. Due to the uncertainty of the quantity of the chemical that will be lost, fluoride is slightly overfed to make sure that the fluoride residual in the finished water is in compliance with State regulations. Moving the fluoride feed point to the end of the treatment process will result in a cost savings for the fluoride lost during the treatment process. It will also allow staff to more accurately maintain an appropriate fluoride residual. Having the ability to accurately maintain an appropriate fluoride residual could have a significant impact if the State reduces the range for fluoride compliance to a level of 0.6-0.8 mg/l. Phosphate is currently fed into the treatment process as the water leaves the clearwells prior to high lift pumping. This feed point does not provide efficient mixing of the chemical. There have been periods when the phosphate residual has been difficult to maintain based on different high lift pump combinations being utilized. Memorandum 244 of 401 Analysis: Staff requested a modification of the contract language to allow the quality of water standards to be met at the point of delivery, or at such other point(s) as may be approved by the Commission and Evanston. Staff and the Commission are still working out the specific design details to implement the new chemical feed points, but execution of this amendment will allow for the modification to occur. Legislative History: Evanston and the Commission entered into the original Water Supply Contract on March 4, 1981. Evanston and the Commission executed the Amended and Restated Water Supply Contract on April 27, 1995. Council approved Resolution 54-R-08, authorizing the City Manager to execute Amendment No. 1 to the Amended and Restated Water Supply, on September 22, 2008. Attachments Ordinance 149-O-14 245 of 401 12/31/2014 149-O-14 AN ORDINANCE Authorizing the City Manager to Approve and Execute Amendment No. 2 to the Amended and Restated Water Supply Contract Between the Northwest Water Commission and the City of Evanston WHEREAS, the City of Evanston (“City”) entered into a Water Supply Contract with the Northwest Water Commission (“Commission”) in 1981 for the purpose of providing a supply of potable water to the Commission; and WHEREAS, the City and the Commission entered into an Amended and Restated Water Supply Contract (“Restated Contract”) to clarify and supplement the original contract; and WHEREAS, in 2008, the City and the Commission approved Amendment No. 1 to the Restated Contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to execute Amendment No. 2 to Amended and Restated Water Supply Contract Between the Northwest Water Commission and the City of Evanston (“Amendment”) by and between the City and the Commission, attached hereto as Exhibit “A” and incorporated herein by reference is the Amendment. 246 of 401 149-O-14 ~2~ SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Amendment as he may determine to be in the best interests of the City. 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: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 247 of 401 149-O-14 ~3~ EXHIBIT A AMENDMENT NO. 2 TO AMENDED AND RESTATED WATER SUPPLY CONTRACT BETWEEN THE NORTHWEST WATER COMMISSION AND THE CITY OF EVANSTON 248 of 401 249 of 401 250 of 401 For City Council Meeting of January 26, 2014 Item A9 Ordinance 10-O-15: Amending the City of Evanston Plumbing Code For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee (A&PW) From: Mark Muenzer, Director of Community Development Gary Gerdes, Building & Inspection Services Division Manager Subject: Ordinance 10-O-15: Amending City Code Title 4, Chapter 5, “Plumbing Code” Date: January 14, 2015 Recommended Action Staff recommends City Council adoption of Ordinance 10-O-15: Amending City Code Title 4, Chapter 5, “Plumbing Code.” Background The power to promulgate a minimum plumbing code of standards and the power to regulate and license plumbers is exercised by the Illinois Department of Public Health (“IDPH”) and may not be authorized by any unit of local government, including home rule units. The Illinois Plumbing Code (“IPC”) was updated in April 2014. The adoption of Ordinance 10-O-15 would be the approval of that latest edition in conformance with State law. This measure would adopt the IPC in its current form, without modification. IDPH requires all municipalities to adopt the most current IPC with the intent to create uniformity across the plumbing trade so contractors are not confronted with different code requirements in different municipalities. The 2014 Illinois Plumbing Code can be found at the following link: http://www.ilga.gov/commission/jcar/admincode/077/07700890sections.html Summary The Community Development Department plans to enforce the current IPC consistent with applicable law. The latest version of the IPC essentially eliminates any IPC amendments enforced by municipalities that had not been previously approved by the IDPH. Future amendments can be submitted to the IDPH for review and approval but must be supported by scientific or technical documentation to justify the amendment. Attachments Ordinance 10-O-15 Memorandum 251 of 401 1/14/2015 10-O-15 AN ORDINANCE Amending City Code Title 4, Chapter 5, “Plumbing Code” WHEREAS, the City Evanston may regulate against various nuisances and public offenses under the Illinois Municipal Code, and as a home rule entity, legislate to protect the health, welfare and safety of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers; and WHEREAS, the City Council of the City of Evanston considers it in the public interest to update its Plumbing Code to reflect the updated changes from the State of Illinois Department of Public Health’s Illinois Plumbing Code , ILL. ADMIN. CODE tit. 77 § 890 (2014), and in conformance with all applicable laws, as its standard requirements of plumbing in the City of Evanston; and WHEREAS, 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, made findings; and 252 of 401 10-O-15 2 WHEREAS, it is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747 (2nd Dist. 1991)) and is not subject to courtroom fact-finding (see People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003)); and WHEREAS, these revisions to Title 4 of the Evanston City Code of 2012, as amended (the “Plumbing Code”), are intended to reflect the City’s conformance to the State’s requirement of adopting the Illinois Plumbing Code, NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Section 4-5-1 of the Plumbing Code, “Adoption,” is hereby further amended to read as follows: 4-5-1. - ADOPTION. (A) Pursuant to the authority granted by 65 ILCS 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference the 20142 Illinois Plumbing CodeInternational Plumbing Code, ILL. ADMIN. CODE tit. 77 § 890 (2014), with the additions, deletions, exceptions, and other amendments set forth in this Chapter. All advisory or text notes, other than the rules and regulations contained in the 2012 Plumbing Code adopted hereby, are expressly excluded from this Chapter. (B) Any reference in the 20142 Illinois Plumbing CodeInternational Plumbing Code to "Administrative AuthorityAuthorities Having Jurisdiction" or "Building Official" shall refer to the City's Manager of Building and Inspection Services. Any reference to "municipality" shall mean the City of Evanston. (C) In the event that any provision of the 2012 International Plumbing Code adopted hereby is in conflict with any provision(s) of the City Code, the more/most stringent shall control. SECTION 2: Section 4-5-2 of the Plumbing Code, “Amendments,” is hereby further amended to read as follows: 253 of 401 10-O-15 3 4-5-2. - AMENDMENTS. Means of Appeal: This Section shall be deleted in its entirety from the 2012 International Plumbing Code, adopted hereby. SECTION 3: Section 4-5-3 of the Plumbing Code, “Additional Requirements,” is hereby further amended to read as follows: 4-5-3. - ADDITIONAL REQUIREMENTS. The following are requirements additional to the 20142 Illinois Plumbing Code. In the event that any provision of City Code Section 4-5-3 is in conflict with the 2014 Illinois Plumbing Code, as amended, the 2014 Illinois Plumbing Code shall prevail.International Plumbing Code: (A) Existing Plumbing: Where a health or safety hazard exists by reason of an existing plumbing installation, or lack thereof, the owner's agent shall install additional plumbing or make such corrections as are necessary to abate such nuisance and bring the plumbing installation within the provisions of this Code. Plumbing fixtures not maintained shall be disconnected, removed, and sealed. (B) Safety: Any part of a structure or premises which is changed, altered, or for which replacement is required as a result of the installation, alteration, renovation, or replacement of a plumbing system, or any part thereof, shall be left in a safe, nonhazardous condition. All penetrations through fire rated construction shall be fire stopped with a through penetration protection system approved by the Building Official. (C) Installation: All plumbing installed within the City of Evanston shall be installed in accordance with the 20142 Illinois Plumbing CodeInternational Plumbing Code. If required by the Code Official, an approved backflow prevention device is necessary for the safety of the public water supply system, the Utilities Director will give notice to the property owner or person in charge (collectively, "property owner") of the building structure or premises to install such an approved device immediately. The property owner shall, at his/her own expense, immediately install such an approved device at a location and in a manner in accordance with the 2012 International Plumbing Code; State of2014 Illinois Plumbing Code; Illinois Environmental Agency Rules and Regulations, Title 35: Environmental Protection, Subtitle F: Public Water Supply, Chapter I: Pollution Control Board, Part 607: Operation and Record Keeping, Section 607.104: Cross Connections; and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and annually thereafter, at a minimum. The property owner shall maintain records to document that testing, servicing, and repairs are conducted as required. 254 of 401 10-O-15 4 (D) Right Of Entry: A City inspector, who shall be a licensed plumber, shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City for the purpose of verifying information submitted by the property owner or person in charge of the building, structure, or premises regarding the required cross connection control inspection. On demand, the property owner or person in charge of the building, structure, or premises so served shall furnish to the Code Official, his/her authorized agent, or approved cross connection control device inspector any information which these individuals may request regarding the piping system or systems or water use on such property. The Code Official or his/her authorized agents shall have a right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City for the purpose of verifying information submitted by the property owner or person in charge of the building, structure, or premises regarding the required cross connection inspection. (E) Contamination: The occupant or property owner of the building, structure, or premises responsible for back siphoned material or contamination of the potable water supply system which occurs through an illegal cross connection or an improperly installed, maintained, or repaired device, or a device which has been bypassed, must bear the cost of cleanup of the potable water supply system. Said costs to include, but not be limited to, overhead and administrative costs of the City and any other costs reasonably incurred by the City in the cleanup. (F) Discharge to Sanitary Drainage System: Every plumbing fixture, drain, appliance, or appurtenance thereof which is to receive water or waste, or discharge any liquid wastes or sewage, shall discharge to the sanitary drainage system of the structure in accordance with the requirements of this Chapter. Building drains shall be constructed of either service weight cast iron or Schedule 40 PVC pipe and fittings the minimum pipe size for below ground drainage shall be four inches (4"). Underground piping shall be laid on a firm bed of sand or gravel for its entire length, except where support is otherwise provided and approved by a City Plumbing Inspector. Six inches (6") of compacted stone, sand, or other approved material shall be provided under pipe and minimum of twelve inches (12") of stone or sand shall be provided above the crown of the pipe. The remaining soil fill shall be compacted in compliance with Metropolitan Water Reclamation District bedding regulations. The transition between the building drain and the building sewer shall be made with either ductile iron or extra heavy cast iron pipe extending from inside the building foundation wall to a minimum of five feet (5') past the outside of the foundation wall. (G) Automatic Clothes Washing Machine Floor Drains: A pan or receptor with a drain, or an impervious floor with a floor drain, shall be required for all automatic clothes washing machines in multi-family and commercial 255 of 401 10-O-15 5 occupancies. Also, a pan or receptor with a drain, or an impervious floor with a floor drain, shall be required for all water heaters. (H) Underground Piping: Piping installed in underground plumbing systems shall be protected from structural damage by an approved method of installation which accounts for the conditions of the installation and application and the type of piping material. In new construction, all plumbing shall be overhead. Footings, grade beams and/or foundation walls shall be properly sleeved or cored in compliance with a design from a licensed design professional to accommodate for the proper installation of the buildings plumbing system. (I) Sillcocks: All buildings have a minimum of two (2) frost-proof, anti-siphon type sillcocks. (J) Public Toilet Room Drains: All public toilet rooms, including employee facilities, shall be graded into floor drains. (K) Unmaintained Plumbing Fixtures: All plumbing fixtures not maintained shall be disconnected, removed, and sealed. (L) Corrosion: Pipes subject to corrosion by passing through or under corrosive fill including, but not limited to, cinders, concrete or other corrosive material, shall be protected against external corrosion by a protective coating, wrapping, or other means that will resist such corrosion. All copper pipe shall be adequately protected against galvanic action by proper insulation against contact with other metals. (M) Freezing: Water service piping shall be installed below recorded frost penetration, but not less than five feet, zero inches (5'0") below grade. Plumbing piping in any exterior building walls or in any areas subjected to freezing temperatures shall be protected against freezing by insulation or heat or both. (NL) Sewer Depth: Building sewers shall be a minimum of four feet, zero inches (4'0") below grade. (O) Water Service Pipe: The water service pipe extending from the City distribution system to the building shall be sufficient in size to provide an adequate flow of water to meet the requirement of the entire building during peak demand. The minimum size for the new water service shall be one inch (1") copper pipe. Irrigation system load values shall be included in the calculations. New water service lines shall be continuous from the corporation stop to the curb stop with no splices or fittings. All water service pipe or underground distribution pipe to be ductile iron, cast iron, or type K copper tube. Water service piping shall terminate within five feet (5') of a structure's interior foundation wall. 256 of 401 10-O-15 6 (P) Water Distribution, Waste, and Vent Pipe: All water distribution pipes shall be metallic. Nonmetallic pipe is prohibited. Copper pipe must be type L or type M. All main or branch soil, waste and vent pipes within a building shall be of cast iron, galvanized steel, galvanized wrought iron, Type M copper, or PVC Schedule 40 above grade or floor. All PVC piping shall be joined by manufacturers fitting and couplings only. PVC primer shall be purple, clear primer is not permitted. No cellular core PVC pipe shall be allowed. No-hub cast iron pipe, fittings and couplings shall be for above-ground use only. (Q) Building Sewer Pipe: Building sewer pipe, in a separate trench from the water service, shall be limited to cast iron, concrete, vitrified clay tile, plastic pipe (type SDR 26 only), or ductile iron pipe. The building (house) drain is to be cast iron with rubber gasket joints or lead and oakum joints, or in cases of corrosive waste or soil conditions, use polypropylene pipe (PVC) or polyvinyl chloride pipe and fittings, for a minimum distance of five feet, zero inches (5'0") from the foundation (building) wall. (R) Building Sewer Pipe in Trench with Water Service: Where the building sewer is installed in the same trench as the water service, the building sewer pipe shall conform to one of the standards for cast iron pipe, copper, or copper alloy tubing, or PVC plastic pipe listed in Section 890, Appendix A, Table A, of the State of Illinois Plumbing Code. No cell core plastic pipe shall be permitted. (SM) Subsoil Drain Pipe: Subsoil drains shall be open jointed, horizontally split or perforated pipe. Footing drains to be connected to the sump pump as discharge shall be made to storm or combination sewers, and not to sanitary sewers. All windows wells require drains. The drains shall be connected to drain tile, and drain into sump. (TN) Roof Drains: Roof drains shall conform to ASME A112.21.2. Buildings in R1, R2 and R3 zoning districts, and all one- and two-family dwelling units shall drain roof stormwater by gutters and downspouts to the front and rear of the property in a manner which will not disturb adjoining property. No connections to the combined sewer shall be made in the above zoning districts. All roofs of buildings not mentioned above may drain directly in the storm sewer system. (UO) Car Wash Facilities: Unless designed to use thirty (30) gallons or less of water per wash, new car wash facilities or replacement of existing facilities shall be equipped with water recycling systems. (VP) Reduced Pressure Principle Backflow Preventers: A reduced pressure principle backflow prevention assembly (RPZ) shall be installed in the water service supplying food service, manufacturing or production establishments. RPZ's shall conform to ASSE 1013, 1047 AWWA C511 or CSA CAN/CSA- 257 of 401 10-O-15 7 B64.4. These devices shall be allowed where subject to continuous pressure conditions. The relief opening shall discharge by air gap and shall be prevented from being submerged. All domestic and fire suppression water systems located within one thousand, seven hundred feet (1,700') of a nonpotable water source and all fire safety systems that contain such additives as antifreeze shall be equipped with a reduced pressure principle backflow preventer (RPZ). (W) Sub-Slab and Sub-Cellar Plumbing: 1. Building Drains: Building drains shall be constructed of ductile iron or extra heavy cast iron minimum, and transitions to uncommon material shall be through a lead and oakum type joint. Where plumbing must pass through a footing, grade beam or foundation wall not inclusive of the building drain, it shall be through a sleeve of building drain-quality materials or through a cored hole which is approved by licensed design professional. 2. Cast Iron: Cast iron may be used for sub-slab and sub-cellar plumbing provided it is of at least minimum service weight. 3. PVC: PVC may be used for sub-slab and sub-cellar plumbing, except building drains, provided that: a. It is bedded with no less than six inches (6") of self-compacting gravel at the time of inspection; and b. Sanitary and storm distribution and lateral PVC plumbing shall be constructed of Schedule 40 PVC with solvent type welds. 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. 258 of 401 10-O-15 8 SECTION 6: 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 7: That this Ordinance 10-O-15 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: _________________________, 2015 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 259 of 401 For City Council meeting of January 26, 2015 Item A10 Ordinance 2-O-15: Real Estate Sales Contract for 629-631 Howard Street For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: Ordinance 2-O-15, Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of Certain City-Owned Real Property at 629- 631 Howard Street to Ward Eight, LLC Date: January 14, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 2-O-15, “Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of Certain City-Owned Real Property Located at 629-631 Howard Street, Evanston, Illinois.” A two-thirds majority of City Council is required to adopt Ordinance 2-O-15. Summary: In March 2012, the City of Evanston executed a lease-to-own agreement with Anne Carlson and Cody Modeer to lease and ultimately purchase (at a later date) City-owned property located at 629-631 Howard Street. The purchase and lease of the property is part of an ongoing effort to revitalize and reinvest in the Howard Street corridor through the use of the Howard/Ridge Tax Increment Financing District. A clause of the lease-to- own agreement provides that Mr. Modeer and Ms. Carlson must exercise the option to purchase at the end of the third year of the lease; end of third year of the lease is March 2015. On December 29, 2014, Ms. Carlson provided notice to the City that they would like to exercise the option to purchase the property as articulated in the agreement with the City. On January 12, 2015, City Council adopted Ordinance 1-O-15, “Authorizing the City Manager to Negotiate the Sale of City-Owned Real Property at 629-631 Howard Street, Evanston, Illinois”. Mr. Modeer and Ms. Carlson have not missed any rental payments from March 2012 to the present. As a result, the total rent paid is $48,472. This total amount will be credited toward the sale of the property. All rental income generated from March 2012 until present would be credited toward the ultimate purchase price; agreed upon initial purchase price in the agreement is $362,650, therefore purchase price will be $314,178. Memorandum 260 of 401 If approved, closing will be scheduled for late February or early March and the price may be adjusted to reflect any additional rent paid between now and that time. In accordance with City Code, public notice for the negotiation of this sale was published on January 8, 2015 in the Evanston Review (Pioneer Press). Public notice of the sale 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. Background: In 2012, Ms. Carlson and Mr. Modeer converted two vacant ground floor commercial spaces into a single commercial space that is occupied by a cocktail lounge and restaurant. Two residential units were rehabilitated by the City on the upper two floors at affordable rental rates; both units are currently rented and Mr. Modeer and Ms. Carlson have rented one of these units since June 2012. Attachments: Ordinance 2-O-15 Copy of Sales Contract for 629-631 Howard Street Copy of Executed Lease-to-Own Agreement for 629-631 Howard Street 261 of 401 1/14/2014 2-O-15 AN ORDINANCE Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of the Certain City-Owned Real Property at 629-631 Howard Street, Evanston, Illinois to Ward Eight, LLC THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Legislative Statement. At the time of passage of this ordinance, the City of Evanston owns real property with a real property address of 629-631 Howard Street, Evanston, Illinois, legally described in Exhibit A attached hereto and incorporated herein by reference (the “Subject Property”). The City Council of the City of Evanston determine that ownership of the three- story building which contains a commercial business on the first floor and two residential units on the remaining two floors at the Subject Property is no longer necessary, appropriate, required, or in the best interest of the City of Evanston. The City Council determined that the best interest of the City of Evanston would be served by the sale of the Subject Property to the City’s commercial tenant, Ward Eight, LLC, an Illinois limited liability company. On February 27, 2012, the City Council adopted Ordinance 26-O-12 authorizing a 5-year lease agreement with Ward Eight and granted an option to purchase the Subject Property and Ward Eight wishes to exercise this option. 262 of 401 2-O-15 ~2~ Pursuant to Ordinance 1-O-15, the City Council, by a vote of two-thirds (2/3) of the elected Aldermen then holding office directed that the Subject Property be sold by negotiation on behalf of the City. Negotiations commenced and concluded. The City Manager recommends that a sale between the City of Evanston as Seller, and Ward Eight, LLC as Buyer, be hereby accepted by the City Council for the aforesaid Property legally described in Exhibit A. The City Council finds and determines that the best interests of the City of Evanston and its residents will be served by conveying the aforesaid Subject Property to Ward Eight, LLC on terms consistent with the Agreement for Purchase and Sale of Real Estate and in a form acceptable to the Corporation Counsel prior to execution, the proposed agreement is attached as Exhibit B and incorporated herein by reference (hereinafter, the “Agreement”). SECTION 2: That the negotiated sale of the Subject Property to Ward Eight, LLC, as Buyer is hereby accepted by the City Council of the City of Evanston for the real Property legally described in Exhibit A and commonly known as 629-631 Howard Street, Evanston, Illinois. SECTION 3: The City Manager is hereby authorized and directed to sign the real estate sale agreement after it is in form acceptable to the Corporation Counsel, and the City Clerk is hereby authorized and directed to attest, the Agreement for Purchase and Sale of Real Estate in Exhibit B, pursuant to the terms of which the Property shall be conveyed. The City Manager is further authorized to negotiate any changes or additional terms and conditions with respect to the sale of the aforesaid Property as the City Manager may deem fit and proper. 263 of 401 2-O-15 ~3~ SECTION 4: The City Manager and the City Clerk, respectively, are hereby authorized and directed to execute, attest, and delivery such other documents, agreements, and certificates as may be necessary to the sale herein authorized, which are in a form acceptable to the Corporation Counsel. SECTION 5: 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 negotiation authorized herein. The City reserves the right to reject any and all negotiations. SECTION 6: Pursuant to City Code Subsection 1-17-4-2-(B)-3, Notice of Intent to Sell and Lease Certain Real Estate was published in the Sun Times, a newspaper in general circulation in the City, on January 8, 2015. 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 execute a sales contract as the result of a negotiated sale. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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. SECTION 9: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be 264 of 401 2-O-15 ~4~ given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 10: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 265 of 401 2-O-15 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 6 AND THE EAST 0.62 FEET OF LOT 5 IN BLOCK 1 IN NILES HOWARD TERMINAL ADDITIONAL, BEING A SUBDIVISION OF THE SOUTH 6.25 CHAINS (412 ½ FEET) OF THAT PART OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILROAD IN COOK COUNTY, ILLINOIS. Real property address: 629-631 Howard Street, Evanston, Illinois 60202 PIN: 11-30-209-024-0000 266 of 401 2-O-15 ~6~ EXHIBIT B REAL ESTATE PURCHASE AND SALE AGREEMENT 267 of 401 6786978_2 REAL ESTATE CONTRACT THIS REAL ESTATE CONTRACT (“Contract”) is entered into as of the ___ day of December, 2014 (“Effective Date”), by and between the City of Evanston, an Illinois municipal corporation (“Seller”) and Ward Eight, LLC, an Illinois limited liability company. The Seller and Buyer shall be referred to herein collectively as the “Parties”. In consideration of the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: 1. Property. Seller hereby agrees to convey to Buyer and Buyer hereby agrees to purchase from Seller all of Seller’s interest in the real property described on Exhibit A attached hereto and all improvements located thereon and all appurtenances thereto (the “Realty”), and Seller’s interest, if any, in the personal property described on Exhibit B attached hereto (the “Personalty”). The Realty and Personalty are sometimes collectively referred to herein as the “Property”. The Realty has a street address of 629-631 Howard Street, Illinois 60202 and the leased by the Buyer from the Seller per Commercial Lease and Option Agreement dated March 15, 2012 (the “Lease”). 2. Purchase Price. The purchase price for the Property is Three Hundred Sixty- Two Thousand Six Hundred Fifty and no/100 Dollars ($362,650.00) (“Purchase Price”) and shall be paid as follows: (a) The Buyer will pay the January and February rent per the Lease agreement as earnest money for this transaction. The Earnest Money will be used as a credit at Closing and non-refundable if the Closing between the Parties under this Contract does not occur; and (b) The entire Purchase Price, subject to closing prorations and credits for rent paid during the Lease Term per the aforementioned Lease shall be paid to Seller in cash by wire transfer of immediately available funds at the Closing. 3. Seller’s Representation and Warranty. Seller hereby warrants and represents to Buyer that Seller has the authority necessary to enter into this Contract and comply with Seller’s obligations hereunder. The representation and warranty made by Seller in this Section 3 shall be true as of the Closing Date (as defined below) hereof and shall survive the Closing of this transaction for a period of one (1) year. 4. Survey Contingency. Buyer, at its sole expense, shall obtain a survey (the “Survey”) of the Realty prepared by a land surveying company registered in the same state as the Realty. If Buyer elects to obtain a Survey, Buyer agrees to (i) have such Survey certified to the Title Company and to the Seller, and (ii) provide Seller with a copy of such Survey. Buyer shall have three (3) days from the Effective Date to obtain and deliver to Seller a copy of the Survey and, in writing any objection to a matter shown on the Survey which materially affects the Realty or Buyer’s intended use of the Realty (“Survey Objections”). If within such three (3) day period, 268 of 401 6786978_2 2 Buyer fails to (a) obtain and deliver a copy of the Survey to Seller, and/or (b) deliver written notice of Survey Objections to Seller, then Buyer is deemed to have waived all rights to object to, is deemed to have approved, and shall accept title to the Realty subject to, any matters shown on the Survey. If within such three (3) day period, Buyer obtains and delivers a copy of the Survey to Seller and delivers written notice of Survey Objections to Seller, Seller shall have five (5) business days after receipt of Buyer’s objection notice to notify Buyer in writing what, if anything, Seller agrees to do to cure such Survey Objections. Failure of Seller to respond within said five (5) business day period shall indicate that Seller elects not to cure the Survey Objections. Seller shall have no obligation to cure any Survey Objections or incur any expense with respect thereto. Upon receipt of notice from Seller indicating that Seller elects not to pursue a cure of any Survey Objection, Buyer shall have two (2) business days after delivery of such notice from Seller to deliver notice to Seller terminating this Contract, in which event the earnest money shall be disbursed to Buyer and the parties shall have no further obligations hereunder except those provisions that expressly survive. If Buyer does not terminate this Contract pursuant to the immediately preceding sentence within said two (2) business day period, then Buyer is deemed to have waived all rights to object to, is deemed to have approved, and shall accept title to the Realty subject to such uncured Survey Objection(s). If Seller pursues a cure and is unable to cure the Survey Objections by the Closing Date, then Buyer shall have the option, as its sole right, to either terminate this Contract on the Closing Date (in which event the earnest money shall be disbursed to Buyer and the parties shall have no further obligations hereunder except those provisions that expressly survive), or close on the purchase of the Property with no Purchase Price reduction, in which case Buyer is deemed to have approved any uncured Survey Objections and waived any rights against Seller relating thereto. 5. Title Contingency. Promptly after the Effective Date, Seller shall deliver or cause to be delivered to Buyer a current commitment (the “Commitment”) for an owner’s title insurance policy for the Realty issued by a title agent selected by Seller using a nationally recognized title insurance underwriter (the “Title Company”). Buyer shall have five (5) business days after receipt of the Commitment to deliver to Seller in writing any objection to a matter shown on the Commitment which materially affects the Realty or Buyer’s use of the Realty (“Title Objections”). If Buyer fails to deliver notice of Title Obje ctions to Seller within said five (5) business day period, Buyer shall be deemed to have fully accepted the Commitment and all matters disclosed therein. If Buyer delivers notice of Title Objections to Seller within said five (5) business day period, Seller shall have ten (10) days after receipt of Buyer’s objection notice (the “Title Cure Period”) to notify Buyer in writing what, if anything, Seller agrees to do to cure the Title Objections. Failure of Seller to respond within the Title Cure Period shall indicate that Seller elects not to cure the Title Objections. Seller shall have no obligation to cure any Title Objection or incur any expense with respect thereto. If Seller elects not to cure one or more of the Title Objections, as Buyer’s sole right, Buyer shall have two (2) business days after the end of the Title Cure Period to deliver notice to Seller terminating this Contract, in which event the earnest money shall be disbursed to Buyer and the parties shall have no further obligations hereunder except those provisions that expressly survive. If Buyer does not terminate this Contract during said two business day period, Buyer is deemed to have accepted any uncured Title Objections. If Seller pursues a cure and is unable to cure a Title Objection by the Closing Date, then Buyer shall have the option, as its sole right, to either terminate this Contract (in which event the earnest money shall be disbursed to Buyer and the parties shall have no further obligations hereunder except those provisions that expressly survive), or close on the purchase of 269 of 401 6786978_2 3 the Realty with no Purchase Price reduction, in which case Buyer is deemed to have accepted any uncured Title Objections and waived any rights against Seller relating thereto. Buyer shall make its election under the immediately preceding sentence within one (1) business day after Seller notifies Buyer that it was unable to cure one or more Title Objections If Buyer does not terminate this Contract during said one (1) business day period, Buyer is deemed to have accepted any uncured Title Objections. Notwithstanding anything to the contrary herein, the following matters shall be deemed “Permitted Exceptions” and Buyer shall have no right to object to any of said matters on the Commitment or Survey: (a) municipal and zoning ordinances and agreements entered under them, agreements with any municipality regarding the development of the Property, building and use restrictions and covenants, and State and/or Federal statutes and regulations; (b) recorded easements for the distribution of utility and municipal services; (c) property taxes and special assessments levied in the year of closing and subsequent years; (d) such other matters disclosed by the Survey, which are not objected to by Buyer within the three (3) day period described in Section 4 above, or are waived or approved or deemed waived or approved by Buyer pursuant to Section 4 above, or if Buyer does not obtain and deliver a copy of the survey to Seller within the 7 -day period described in Section 4 above, then any matters that would be shown on a current accurate and complete survey; (e) such other matters as disclosed by the Commitment and waived or accepted or deemed waived or accepted by Buyer pursuant to this Section 5; (f) the standard or general exceptions contained in the Commitment; and (g) acts done or suffered to be done by Buyer or its affiliates or anyone claiming by, through or under Buyer or its affiliates. Buyer’s obligation to purchase the Realty is conditioned upon the Title Company being prepared to issue, at Closing, a current, standard owner’s title insurance policy (or a marked-up and binding commitment therefor), without extended coverage over the printed standard or general exceptions, in the amount of the Purchase Price allocated to the Realty insuring Buyer as the fee simple owner of the Realty as of the date of recording the deed, subject to the Permitted Exceptions (“Title Policy”). 6. Inspection Contingency. During the fifteen (15) day period immediately following the Effective Date (the “Inspection Period”), Buyer, at its sole expense, may obtain an inspection of all buildings and related improvements located on the Realty and/or a current Phase I environmental assessment of the Realty. Buyer shall not have the right to conduct any sampling or other invasive testing of the water, soil, air or building improvements on or beneath the Property without Seller’s express prior written consent. Buyer shall repair a ny damage done 270 of 401 6786978_2 4 to the Property by any such inspection. Buyer shall insure that any party entering onto the Realty for purposes of inspection maintains commercially reasonable liability insurance naming Seller as an additional insured, and upon request of Seller and prior to any such party entering onto the Realty, Buyer shall deliver to Seller a certificate of insurance evidencing that such insurance is in place. Buyer shall indemnify, defend and hold Seller harmless from and against any loss, cost, liability or expense Seller may incur resulting from any such inspection. Buyer shall have until the end of the Inspection Period to terminate this Contract by written notice to Seller resulting from Buyer’s objection to any matter shown in an inspection report or Phase I environmental assessment, which materially affects the Realty or Buyer’s intended use of the Realty. If Buyer does not deliver a written notice to Seller before the end of the Inspection Period terminating this Contract, then Buyer is deemed to have waived this inspection contingency and any right to object to the condition of the Property. In no event shall Seller be required to cure any matter to which the Buyer objects relating to the condition of the Property. If this Contract is terminated by Buyer for any reason other than a default by Seller, then, as a condition to the return of any earnest money deposited hereunder, Buyer shall, within five (5) business days after termination of this Contract, cause to be delivered to Seller copies of any and all non-proprietary reports, tests, results and analyses in Buyer’s possession or under Buyer’s control, including, but not limited to, all title reports, surveys, environmental reports, geotechnical analyses, and traffic reports, at no cost or expense to Seller. Seller’s rights and Buyer’s obligations under this Section 6 shall survive the Closing or any termination of this Contract. 7. No Representations or Warranties; AS-IS Condition. (a) Buyer is hereby purchasing the Property in “AS-IS, WHERE-IS” condition and “with all faults”, and agrees that it relies upon no warranties, representations or statements by Seller, or any other persons for Seller, in entering into this Contract or in closing the transactions described herein, except for the expre ss representation and warranty set forth in Section 3 hereof. Buyer’s closing on the acquisition of the Property shall constitute conclusive evidence that Buyer is satisfied with the condition of and title to the Property and has waived or satisfied Buyer ’s survey, title and inspection contingencies set forth in Sections 4 through 6 above. In closing and completing this transaction, Buyer will have relied exclusively upon its own inspections and reviews, and not upon any representation or warranty of Seller or its agents or employees except those expressly set forth in Section 3 above. (b) Except for the express representation and warranty set forth in Section 3 hereof, Seller makes no warranties, representations or statements whatsoever, express or implied, concerning or relating to the Property, including without limitation: the income or expenses of the Property; zoning and building codes and other similar restrictions; availability or cost of utilities; the condition of the soils on the Property, the environmental condition of the Property; the presence or absence of any hazardous substances, hazardous materials, petroleum, or any substances regulated by federal, state or local law in, on or under the Property; compliance of the Property with any law, regulation, ordinance or similar requirement, including without limitation the Americans with Disabilities Act; or the physical condition of the Property or any improvements thereon. Buyer acknowledges that no agents, employees, brokers or other persons are authorized to make any representations or warranties for Seller. 271 of 401 6786978_2 5 (c) Buyer acknowledges and agrees that any Personalty to be conveyed in this transaction from Seller to Buyer will be transferred by quit claim bill of sale, with no representation, warranty or guaranty, expressed or implied, regarding the condition of or the title to such Personalty, and Buyer further agrees to accept such Personalty in its “AS- IS/WHERE IS” condition at closing. (d) Buyer (and any party claiming through or under Buyer) hereby agrees that following the Closing, Seller shall be fully and finally released from any and all claims or liabilities against the Seller relating to or arising on account of the condition of or title to the Property, including without limitation, any matters specifically referenced in this Contract. This Section 7(a) through (d) shall survive the Closing. 8. Closing. The closing of this transaction (the “Closing”) shall take place within seven (7) days after the expiration of the Inspection Period (the “Closing Date”), at the offices of the Chicago Title and Trust Company or at such other time and place as may be agreed upon by Buyer and Seller. At Closing, Buyer shall deliver to the Title Company by wire transfer to an account designated by the Title Company, immediately available funds in the amount of the Purchase Price, as adjusted by any prorations and closing costs provided for herein, and such affidavits, resolutions and other documents agreed between the parties, required for a legal conveyance of real estate in the state where the Realty is located or otherwise required by the Title Company to issue the Title Policy. At the Closing, Seller shall deliver to the Title Company a Quit Claim Deed conveying Seller’s interest in the Realty to Buyer, subject only to the Permitted Exceptions, a Quit Claim bill of sale conveying Seller’s interest, if any, in the Personalty to Buyer, if applicable, and such affidavits, resolutions and other documents agreed between the parties, required for a legal conveyance of real estate in the state where the Realty is located or otherwise required by the Title Company to issue the Title Policy. All prorations required hereunder shall be computed as of the Closing Date. Possession of the Property shall be delivered to Buyer on the Closing Date, subject to the Permitted Exceptions. Buyer shall pay for recording the deed. Seller shall pay the title insurance premium for the Title Policy to be issued to Buyer and gap coverage or endorsement charges. Buyer shall pay for all other endorsement charges and the title insurance premium for any loan policy, including endorsement charges related thereto. All escrow fees and Title Company closing charges shall be shared equally by Seller and Buyer, except Buyer shall pay any escrow fees and other charges related to Buyer’s loan, if any. All other closing costs, including without limitation, state, county and municipal transfer taxes and other recording fees, shall be allocated as customary in the state and municipality in which the Realty is located. 9. Taxes. (a) Taxes for Years Prior to Closing. Seller will pay in full all general real property taxes that are levied with respect to the Realty for tax years prior to the year of closing. Seller shall receive a credit at Closing for the Buyer’s prorated portion of the real estate taxes due under the Commercial Lease Agreement dated March 15, 2012, except Buyer will not receive a credit for the portion that was owed under the Commercial Lease Agreement. 272 of 401 6786978_2 6 (b) Tax Challenges. If any tax challenge is ongoing with respect to the Realty for general real estate taxes levied for any tax years prior to the year of Closing, Seller will receive the full benefit of any refund arising out of such tax challenge. If any tax challenge commenced by Seller results in a reduction in taxes for the general real estate taxes levied for the year of Closing, the parties shall reprorate taxes for the year of Closing upon receipt of the actual tax bill or adjusted tax bill. This Section 9(b) expressly survives Closing. (c) Taxes for Current Year of Closing. All general real property taxes that are levied with respect to the Realty for the year of Closing will be prorated at the rate of 100% between Buyer and Seller as of the business day immediately prior to the Closing Date. 10. Tenant Lease. Buyer expressly assumes the obligations under the residential lease agreement (“Unit 1 Lease”) by and between the Seller and Marcus T. Yakhnis and Nicole R. Mikels dated April 10, 2014. The Unit 1 Lease term is April 9, 2014 – March 31, 2015 for a monthly rental rate of Nine Hundred Seventy-Nine and 00/100 Dollars ($979.00). The Tenants paid a security deposit of $979.00 to the Seller at the time of the Unit 1 Lease execution and it will be assigned to Buyer at Closing. 11. Special Assessments. If applicable, at Closing Seller will pay all special assessments that were levied prior to the Effective Date. All special assessments levied after the Effective Date shall be paid exclusively by Buyer. Real estate taxes and special assessments shall not be re-prorated after the Closing, except as provided in Section 9(b), above. Prepaid expenses (including homeowner’s association or similar assessments), if any, paid by Seller shall be prorated on a per diem basis as of the Closing Date, and Seller shall receive a payment at the Closing, in addition to the Purchase Price, equal to the allocated portion of such prepaid expenses attributable to periods on and after the Closing Date. 12. Municipal Agreements. Seller and Buyer agree that upon Closing, Buyer will assume any and all responsibilities and obligations under all existing development agreements, declarations, escrow agreements and other agreements affecting the Property. In addition, Buyer shall comply, at Buyer’s sole expense, with all requirements imposed under any such agreement or by any state, federal or local governmental entity or agency including, without limitation, any requirement to construct infrastructure, construct improvements, install sidewalks and parkway trees and landscaping, and to escrow funds, post letters of credit or any other required security in connection with the development of the Property. On or before Closing, Buyer shall, at Buyer’s sole expense, replace any funds or letters of credit deposited in connection with any such agreement or requirement. Buyer’s failure to do so on or before the Closing Date shall be a default under this agreement. The parties agree that all development work is Buyer’s sole responsibility and shall be performed at Buyer’s sole cost and expense. Buyer shall indemnify, defend and hold Seller harmless from and against any and all losses, actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, incurred by Seller in connection with the failure by Buyer to observe or perform any of the obligations pursuant to this Section 11. Buyer and Seller agree that this paragraph shall be self-operative but, if requested by Seller, Buyer shall execute a document in recordable form evidencing the agreements set forth in this Section. To the extent Seller, any of its affiliates, or any predecessor owner of the Property is 273 of 401 6786978_2 7 entitled to a refund of any funds (including the proceeds of any letter of credit drawn upon) or other security deposited with respect to the Property before the Closing, any such refund shall be and remain the property of Seller or its applicable affiliate, and to the extent Buyer receives any such refund before or after the Closing, Buyer shall remit such refund to Seller or its affiliate within five (5) days after Buyer’s receipt therefor. Seller’s right and Bu yers obligations under this Section 11 shall survive the Closing. 13. Condemnation. If before the Closing, any of the Realty is condemned under the power of eminent domain, is the subject of a threatened condemnation, or is conveyed to a condemning authority in lieu of condemnation, Seller shall notify Buyer in writing of the threat, condemnation or conveyance within five (5) business days of its occurrence. Buyer shall within ten (10) days of the notice have the option of (a) proceeding with the Closing (without any reduction in the Purchase Price) and receiving the award or condemnation payment (or an assignment thereof, if the same is not received by Closing), or (b) canceling this Contract and receiving back the earnest money deposited, and the parties shall have no further obligations hereunder except those provisions that expressly survive. 14. Indemnification. Buyer shall indemnify, defend and hold Seller harmless from and against any and all losses, claims, actions, liabilities, damages, liens, costs and expenses, including reasonable attorneys’ fees, incurred by Seller (or its agents, consultants or affiliates) arising out of or related to (i) any activities upon the Property by Buyer, its agents, contractors and employees, or (ii) the failure by Buyer to observe or perform any of its covenants, representations or obligations under this Contract. This Section 13 shall survive the Closing or termination of this Contract. 15. Notices. All notices required or permitted to be given hereunder shall be in writing and delivered by certified mail, postage prepaid, or by overnight delivery service, or shall be personally served or sent via facsimile with confirmation of transmission, to Buyer and Seller at the following addresses: SELLER: City of Evanston City Manager, Wally Bobkiewicz 2100 Ridge Avenue Evanston, IL, 60201 With a copy to: City of Evanston Corporation Counsel, W. Grant Farrar 2100 Ridge Avenue Evanston, IL 60201 BUYER: Ward Eight, LLC 629 Howard Street Evanston, IL 60202 Notices may be given on behalf of a party by their respective attorneys named above. All notices shall be deemed received either when actually received or three (3) days after posting (if mailed), one business day after deposit with the delivery service (if sent by overnight delivery), 274 of 401 6786978_2 8 or when delivered (if personally delivered), or if sent by facsimile transmission, upon transmission as evidenced by the confirmation slip generated by the sender’s facsimile machine . Either party may change the above addresses by written notice to the other. 16. Default. If before the Closing, Buyer defaults in the full and timely performance of any of its obligations hereunder, Seller shall be entitled to cancel this Contract and receive and retain the earnest money deposited hereunder as liquidated damages, the parties agreeing that in the event of a default hereunder before the Closing, actual damages would be impossible to calculate; provided, however, notwithstanding anything contained herein to the contrary, nothing contained in this Section 15 shall: (i) limit Seller’s rights or remedies with respect to a breach or default by Buyer after the Closing or of a covenant or obligation that survives the Closing or a termination of this Contract; or (ii) limit Buyer’s indemnification obligations under this Contract, and Seller shall be entitled to any and all rights and remedies available at law and/or in equity if Buyer defaults in the full and timely payment and performance of Buyer’s indemnif ication obligations under this Contract, or any of Buyer’s covenants or obligations after the Closing, or any covenant or obligation that survives the Closing or a termination of this Contract. If Seller breaches any representation or warranty set forth in this Contract or defaults in the full and timely performance of any of its obligations hereunder, Buyer, as its sole and exclusive remedy, may elect to either terminate this Contract and receive a refund of the earnest money (in which case the parties shall have no further obligations hereunder except those provisions that expressly survive) or seek specific performance, provided that any action for specific performance must be commenced within forty-five (45) days after Buyer obtains knowledge of Seller’s default. If no such action is commenced within said 45-day period, Buyer shall be deemed to have waived its right to bring or pursue an action for specific performance. Buyer hereby expressly waives, relinquishes and releases any other right or remedy available to it at law, in equity or otherwise by reason of Seller’s default of its obligations hereunder, including, without limitation, any rights Buyer may have to bring an action to recover direct, consequential, punitive or any other damages. 17. Real Estate Commissions. Seller hereby represents and warrants that it has not engaged the services of real estate agent, broker or firm in connection with the Property or this real estate transaction. Seller hereby agrees to defend, indemnify and hold Buyer harmless from any and all loss, cost or expense from any claim for real estate commission made by any agent, broker or firm engaged by Seller in connection with the Property or this transaction. Buyer hereby represents and warrants that it has not engaged the services of any real estate agent, broker or firm in connection with the Property or this real estate transaction. Buyer hereby agrees to defend, indemnify and hold Seller harmless from any and all loss, cost or expense from any claim for real estate commission made by any agent, broker or firm engaged by Buyer in connection with the Property or this transaction. Each party’s rights and obligations under this Section 16 shall survive the Closing or any termination of this Contract. 18. Entire Agreement. This Contract contains the entire agreement between Seller and Buyer and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, regarding the transaction contemplated hereby. This Contract may be amended only by a further written document signed by each of the parties. 275 of 401 6786978_2 9 19. Assignment. Buyer shall have the right to assign this Contract without Seller's prior written consent only to any entity owned and/or controlled by Buyer or its principals, provided that not less than five (5) business days before the Closing, Buyer gives notice of such assignment to Seller accompanied by reasonable evidence that the assignee is owned and/or controlled by Buyer. All other assignments shall require Seller’s prior writt en consent, which may be withheld in Seller’s sole discretion. Notwithstanding the foregoing, if this Contract is assigned by Buyer hereunder, Buyer shall remain jointly and severally liable, along with the assignee, for the Buyer’s obligations under this Contract. Buyer shall cause any permitted assignee to acknowledge in writing that it will be bound by all of the terms and conditions of this Contract, with said acknowledgement set forth in a form subject to Seller’s reasonable approval. This Section 18 shall survive the Closing or termination of this Contract. 20. Successors and Assigns. Subject to Section 18 above, the provisions of this Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, assigns, executors, administrators and legal representatives. 21. Captions. The captions of the paragraphs in this Contract have been inserted for convenience of reference only and shall in no way modify or restrict any provision hereof or be used to construe any of the provisions hereof. 22. Severability. If any provision of this Contract is held invalid or unenforceable, the invalidity or unenforceability shall be limited to the particular provision(s) involved and shall not affect the validity or enforceability of the remaining provisions. 23. Counterparts and Transmittal of Signatures. This Contract may be executed in one or more counterparts, and all such executed counterparts shall constitute the same agreement. A signed copy of this Contract transmitted by facsimile or email shall be treated as an original and shall be binding against the party whose signature appears on such copy. 24. Exculpation. Buyer agrees to look solely to Seller’s interest in the Property for the satisfaction of any liability or obligation arising under or in connection with this Contract, the transactions contemplated hereby or the documents executed pursuant hereto, or for the performance of any of the covenants, warranties or other agreements contained herein or therein, and Buyer shall not collect or attempt to collect any judgment or other amounts out of any assets of Seller other than Seller’s interest in the Property. Further, Buyer agrees that it does not have and will not have any claims or causes of action against any disclosed or undisclosed officer, director, employee, trustee, shareholder, partner, member, principal, parent, subsidiary or other affiliate of Seller, or any officer, director, employee, trustee, shareholder, partner, member or principal of any such parent, subsidiary or other affiliate, arising under or in connection with this Contract, the transactions contemplated hereby or the documents executed pursuant hereto. The terms of this Section 23 shall survive the Closing and any termination of this Contract for any reason. 25. Miscellaneous. 276 of 401 6786978_2 10 (a) All questions with respect to the construction or interpretation of this Contract shall be determined in accordance with the laws of the State of Illinois, without regard to conflict of law rules. Time is of the essence of this Contract. (b) If any date upon which action is required under this Contract shall be a Saturday, Sunday or legal holiday, the date for such action shall be extended to the first day after such date which is not a Saturday, Sunday or legal holiday. [NO FURTHER TEXT ON THIS PAGE] [SIGNATURE PAGE FOLLOWS IMMEDIATELY] 277 of 401 6786978_2 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the day and year first above written. Date:__________________ SELLER: City of Evanston, an Illinois municipal corporation By: Wally Bobkiewicz Title: City Manager Date:__________________ BUYER: Ward Eight, LLC ____________________________________ By: Anne Carlson Title: Manager 278 of 401 6786978_2 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 6 AND THE EAST 0.62 FEET OF LOT 5 IN BLOCK 1 IN NILES HOWARD TERMINAL ADDITIONAL, BEING A SUBDIVISION OF THE SOUTH 6.25 CHAINS (412 ½ FEET) OF THAT PART OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILROAD IN COOK COUNTY, ILLINOIS. Real property address: 629-631 Howard Street, Evanston, Illinois, 60202 PIN: 11-30-209-024-0000 279 of 401 6786978_2 EXHIBIT B PERSONAL PROPERTY All personal property, if any, located on the Realty (other than any personal property owned by a tenant, as applicable) 280 of 401 281 of 401 282 of 401 283 of 401 284 of 401 285 of 401 286 of 401 287 of 401 288 of 401 289 of 401 290 of 401 291 of 401 292 of 401 293 of 401 294 of 401 295 of 401 296 of 401 297 of 401 298 of 401 299 of 401 300 of 401 301 of 401 302 of 401 For City Council meeting of January 26, 2015 Item A11 Ordinance 14-O-15: P Liquor License Sale of Alcohol for On Site Consumption 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 14-O-15, Amending City Code Section 3-4-6-(P) to Allow for the Retail Sale of Alcohol for On-Site Consumption Date: January 12, 2015 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 14-O-15. Summary: Ordinance 14-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(P), as amended, to permit the retail sale of alcohol for on-site consumption by persons of at least twenty-one (21) years of age during the hours of noon to 10:00 p.m. on any Sunday through Thursday and during the hours of noon and 11:00 p.m. on any Friday and Saturday. Each individual serving shall contain no more than two (2) fluid ounces of alcohol, and a licensee can sell no more than a total of ten (10) fluid ounces of alcohol per person for on-site consumption per day. Alcohol to be sold for on-site consumption must be manufactured on-site, excluding aperitifs and liqueurs. Business Representative Paul Hletko requested the revision of the Class P Liquor Permit in line with his evolving business model. Legislative History: At the December 11, 2014 Liquor Control Review Board meeting, Company requested consideration to allow for sale of alcohol for on-site consumption for the Class P Liquor License and the Board recommended the approval of the proposed amendment. Alderman Wynne and other 3rd Ward residents were present at the meeting to hear the particulars regarding the proposed revision. Attachments: Ordinance 14-O-15 Minutes of the December 11, 2014 Liquor Control Review Board meeting Memorandum 303 of 401 1/15/2015 14-O-15 AN ORDINANCE Amending City Code Section 3-4-6-(P) to Allow for the Retail Sale of Alcohol for On-Site Consumption NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(P) of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: (P) CRAFT DISTILLERY licenses, which shall authorize the on-site production and storage of alcohol in quantities not to exceed thirty thousand (30,000) gallons for one (1) year after the effective date of this amendatory ordinance and thirty-five thousand (35,000) gallons thereafter, the sale of such alcohol to persons of at least twenty-one (21) years of age for consumption off-premises, and on-site sampling of such alcohol. It also authorizes on-site sampling and retail sale for consumption of such alcohol by persons of at least twenty-one (21) years of age. Sales of alcohol (1) not classified as aperitifs and/or liqueurs; and (2) manufactured outside the facility are prohibited. Such craft distillery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a class P licensee to sell a container of alcohol for off-premises consumption unless the container is greater than or equal to 200 milliliters in volume. 2. Class P licensees may, during authorized hours of business, offer samples of the alcohol, or alcohol for retail sale, the alcohol permitted to be produced and sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one-quarter (0.25) fluid ounce, to any person in a day. Licensees may sell samplesalcohol for on-site consumption, but the volume of alcohol per servingany sample sold shall not exceed one (1)two (2) fluid ounces and the total volume of all samplesalcohol servings sold to any person in a day shall not exceed two and one-half (2.5)ten(10) fluid ounces. Licensees shall not provide and/or sell more than two and one-half (2.5) fluid ounces of samples to any person in a day. Class P licensees must have at least one (1) BASSET-certified site manager on premises whenever alcohol is available for on-site consumptionoffering samples of alcohol. All persons who sell, open, pour, dispense or serve alcohol shall be BASSETT certified. Class P licensees must provide food service whenever alcohol is 304 of 401 14-O-15 ~2~ 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. Alcohol for product sampling or retail sale for on-site consumption shall be sold and dispensed only in containers provided by the licensee. Alcohol sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises.when offering samples of alcohol. 3. It shall be unlawful for the holder of a class P license to provide a sample of or sell any alcohol for off-site consumption before the hour of 10:00 a.m. or after the hour of 10:00 p.m. on any Monday, Tuesday, Wednesday, or Thursday; before the hour of 10:00 a.m. or after the hour of 11:00 p.m. Friday and Saturday; and before the hour of 12:00 noon and after the hour of 10:00 p.m. on Sunday. 4. It shall be unlawful for the holder of a class P license to sell any alcohol for on-site consumption before the hour of noon or after the hour of 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday; and before the hour of noon or after the hour of 11:00 p.m. Friday and Saturday. 5. Every class P licensee must have a valid craft distiller license from the State of Illinois. Every licensee shall maintain accurate records as to (1) the total gallonage of alcohol manufactured on the premises; and (2) the total gallonage of alcohol sold to individuals not holding a State liquor license. Licensee shall produce said records to the City upon request. 5.6. Every employee of a class P licensee who participates in the production of alcohol, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than one (1) such licenses shall be in force at any one (1) time. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 305 of 401 14-O-15 ~3~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. 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. SECTION 9: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 306 of 401 Page 1 of 2 MEETING MINUTES Liquor Control Board Thursday, December 11, 2014 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Dave Skrodzki; Byron Wilson Members Absent: Dick Peach Staff Present: W. Grant Farrar, Theresa Whittington Others Present: Paul Hletko (Few Spirits); Alderman Melissa Wynne (Ward 3); Nikki Hiltwein; Jason Balla (The Stained Glass) 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 11:00 a.m. NEW BUSINESS Few Spirits LLC, Few Spirits, 918 Chicago Avenue, Evanston, IL 60202 Consideration of an amendment to class P (Craft Distillery) to allow for sale of alcohol for on premise consumption. Paul Hletko (PH) explained that the license modification is being sought primarily for special events such as Few Friday events etc. The idea is to draw people into the tasting room. Dave Skrodzki asked how the proposal differs from what is currently allowed. PH explained that the code currently only allows for a pour or tasting. PH is seeking an amendment to allow for full 2 oz. pours that can also be used in cocktails. The cocktails would be made exclusively from Few brand liquor. Mayor Tisdahl asked if there would be food offered to patrons. PH responded that there are not plans to install a kitchen but that he plans to offer snacks and food trucks. Alderman Wynne asked where the food trucks would park. PH responded that they would park in the alley. The expected frequency at this point in time is about once a week. Grant Farrar directed PH to reach out to the Director of Parking, Rick Voss, for clarification on the parking requirement for businesses. PH stated that the tasting room only holds approximately 10-12 people. The plan is to develop a high end cocktail lounge limited to a small crowd. Alderman Wynne asked about the hours. PH stated that the hours would be 5-8:30 pm. Grant Farrar asked PH to submit a revised plan along with excerpts from relevant State statute that allows for on-site consumption at distilleries. 307 of 401 Page 2 of 2 Nikki Hiltwein asked if the changes to Class P would impact Sketchbook brewery (Class P-1). Grant Farrar explained that they are entirely different license classes. The request for amendment was approved by the board. The matter of amendment approval will be placed on the agenda of the 1/26/15 City Council meeting, pending receipt of requested documentation. Sketchbook Brewing Company, 825 Chicago Avenue, Evanston, IL 60202 No representative of Sketchbook Brewing was present at the meeting. Matter removed from the agenda. The Stained Glass, 1735 Benson Ave., Evanston, IL 60201 Consideration of an amendment to class C (restaurant/core area) to allow for service of alcohol to begin on Sundays at 11:00 a.m. Jason Balla (owner) requested an amendment to Sunday hours to allow for alcohol service to begin at 11:00 a.m. the liquor code currently allows alcohol service to begin at Noon on Sundays. The change to 11:00 am would allow Mr. Balla to offer alcoholic drinks during his Sunday brunch. The Mayor supported the request and directed Theresa Whittington to send a courtesy notice to the Aldermen of the core area and to send notice to all other Class C licensees. The request for amendment was approved by the board. The matter of amendment approval will be tentatively placed on the agenda of the 1/26/15 City Council meeting, pending submission of requested courtesy notices. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:22 a.m., December 11, 2014. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 308 of 401 For City Council meeting of January 26, 2015 Item A12 Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation Network Providers For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Approval of Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation Network Providers (“TNP”) Date: January 26, 2015 Recommended Action: City staff submits to City Council for final consideration Ordinance 109-O-14. Summary: Public Act 98-1173 was signed into law on January 12, 2015, setting minimum standards for mandatory insurance coverage and background checks for TNPs. One suggested alternative to the regulations proposed in this ordinance would be to reiterate that any TNP operating in the City of Evanston shall without exception comply with state and federal law in its operations. Of course, all TNP drivers would be expected as a matter of course to comply with the Illinois Vehicle Code and City traffic laws. Upon direction, staff will return with a Resolution indicating that the City will defer to state law on these matters. Proposed Ordinance 109-O-14 borrows from the 2014 Chicago Ordinance in scope and language. On January 12, 2015, at the Administration and Public works Committee, staff was asked to address the following issues: 1. Question: How do the proposed TNP regulations compare to current cab regulations in the City Code? Answer: Cabs are regulated in Title 3, Chapter 17 of the City Code. The taxicab regulations have not been substantively amended since the mid- 1990’s, and most of the regulatory framework dates back to 1978. Taxicabs are different from TNP’s based upon business model and other factors Memorandum 309 of 401 discussed during the last committee meeting. The per cab license fee is $250 per cab. Licensing and insurance requirements are arguably less onerous for cabs than what is contemplated in the proposed TNP regulations. 2. Question: What is the context of the proposed fee for TNPs? Answer: The proposed fee structure for TNPs follows the Chicago model. In contrast to taxicabs, the licensing fee is assessed against the TNP company, not the individual driver. Thus, a $20,000 fee could be assessed to a TNP such as Uber, which reported an $18 billion stock market valuation in the Wall Street Journal in July 2014. Other jurisdictions such as Springfield, Illinois or Austin, Texas assess a $500 licensing fee to each TNP. 3. Question: Why are insurance or background checks important for the City in relation to activity by TNPs? Answer: Other municipalities in other jurisdictions have been sued for purported acts/omissions by TNP drivers in those jurisdictions. The Law Department is prudently proposing insurance and checks be discussed given the prospect for litigation which exists in every City operation, not just this one. 4. Question: Is the City required to enact TNP regulations? Answer: This is a policy determination left to the City Council. However, over the last 3 years, staff spent considerable time and effort tracking this issue nationally and in drafting the following regulations. The time has come to either adopt a regulatory framework, or to instead implement the alternative suggested in no.3 above. If the Council elects to let things take their course relative to TNP operations, Council can direct staff to memorialize certain findings on the legislative Record, which may take the form of: A. The TNP business model operating in Evanston is in its early stages, and therefore, it is too soon to adopt a comprehensive regulatory framework which may need to be substantively revised in the near term as the business model evolves; and B. Given the special circumstances present in Evanston with the City Council’s commitment to sustainable transportation alternatives, TNP regulations may disincentivize sustainability; and C. The standards set forth in Public Act 98-1173 grant prudent protections to users of TNP services, such standards which the City will enforce equitably and fairly for all TNPs; and D. Nothing in the legislative Record shall be held to diminish or impair the City of Evanston’s right to equitably enforce all necessary provisions of the Illinois Vehicle Code and other applicable state and federal law. Further, nothing in the Record shall in any way impair or diminish the immunities conferred upon the City by the Local Governmental and Local Governmental Employees Tort Immunity Act, 745 ILCS 10/ et seq.; and Page 2 of 3 310 of 401 E. The City Council retains the right to revisit these policy issues on a continuing basis as the TNP business model evolves and/or as the state regulatory framework adjusts. In summary, the Ordinance: • Applicants and operators of transportation network providers must be at least twenty-one (21) years of age. Sections 3-31-5 and 3-31-18. • Applicants can obtain either a “Class A license” or a “Class B license.” Licensees who operate no more than twenty hours per week shall obtain a Class A license at an annual fee of ten thousand dollars ($10,000.00). Licensees who operate more than twenty hours per week shall obtain a Class B license at an annual fee of twenty-five thousand dollars ($25,000.00). These are the same fees as the Chicago Ordinance. Section 3-31-3. • Transportation network providers must comply with all insurance requirements under federal, state and city laws. Section 3-31-9(A). • Providers must provide both commercial general liability insurance and commercial automobile liability insurance, each in an amount not less than one million dollars ($1,000,000.00). Sections 3-31-9(B) and 3-31-9(C). • Operators are required to stay away from cabstands. Section 3-31-18. • All licenses granted by the City of Evanston are deemed a revocable privilege and not a right. Section 3-31-2. • Providers must serve disabled individuals and must provide services in underserved areas. Sections 3-31-14 and 3-31-18(G). • Failure to comply with the provisions set forth in Ordinance 109-O-14 shall result in a seven hundred dollar ($700.00) fine for each violation. Section 3-31-23. Legislative History: The Law Department prepared Ordinance 109-O-14 following City Council direction. It was held in committee pending further state action at the General Assembly veto session. No comprehensive state regulations were in fact adopted, hence, staff is resubmitting this ordinance for consideration which is in line with the regulatory structure existent in Chicago. The ordinance was held in committee on January 12th for staff to follow up on issues raised by the committee members. Attachments: Ordinance 109-O-14 Page 3 of 3 311 of 401 1/7/2015 109-O-14 AN ORDINANCE Adding Title 3, Chapter 31, Regarding Transportation Network Providers NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Legislative Statement. At the time of passage of this Ordinance, the City of Evanston determined that there is a need for the regulation of transportation network providers to mandate certain standards, requirements, and consumer protections of said providers for the benefit of City of Evanston residents and visitors. The City determined that by regulating transportation network providers, compliant providers will provide adequate services while affording consumers protections in line with City standards. In recognition of the need to regulate ride-share programs, this Ordinance hereby creates a process to regulate transportation network providers. Article VII, Section (6)a of the Illinois Constitution of 1970 states that, “a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power… to license.” As a home rule uni t, the City of Evanston’s powers shall be construed liberally. Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). This ordinance is presumed constitutional and the burden of rebutting that strong presumption is on the party challenging the validity of the statute to clearly demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill.2d 312 of 401 109-O-14 296, 306 (2008). It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id. citing to People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003). City Council and City staff reviewed and considered comparable ride-share statutes from similarly situated jurisdictions. Furthermore, Governor Patrick Quinn, in his veto message of Illinois House Bill 4075 regulating ride-share companies, stated that while Illinois legislation would be overly broad in regulating ride-share programs, home rule communities are best tailored to consider, adopt, and enforce ride-share regulations at the local level. H.R. 4075, 98th Gen Assemb., Reg. Sess. (Ill. 2014). The City Council finds that that there is a compelling governmental interest in implementing reasonable regulations on transportation network providers and that such regulations are essential in the promotion of commerce while affording consumers proper protections. Mandating certain standards and requirements within the City under this Ordinance will also promote the health, safety, and welfare of City residents and visitors alike. All prospective and future licenses granted pursuant to this Chapter are expressly declared to be a revocable privilege, not a right. SECTION 2: Title 3 of the Evanston City Code of 2012, as amended, is hereby further amended by adding a new Chapter 31, which shall read as follows: CHAPTER 31: TRANSPORTATION NETWORK PROVIDERS 313 of 401 109-O-14 3-31-1: DEFINITIONS: For purposes of this Chapter the following definitions shall apply: ACTIVE DRIVER A transportation network driver who has provided service in response to four or more prearranged transportation service requests within a 30-day period. CITY MANAGER The City of Evanston City Manager or his/her designee. COMPENSATION Any payment or donation received, or economic or business benefit obtained, for providing a transportation network service. DRIVER The holder of, or a person that is required to hold, a transportation network provider license issued pursuant to this Chapter. LICENSEE The holder of, or a person that is required to hold, a transportation network provider license issued pursuant to this Chapter. LICENSE A transportation network provider license OPERATION OF A TRANSPORTATION NETWORK VEHICLE / OPERATING A TRANSPORTATION NETWORK VEHICLE / OPERATE A TRANSPORTATION NETWORK VEHICLE Offering, making available, or using a transportation network vehicle to provide a transportation network service, including any time when a driver is logged onto the transportation network provider's Internet- enabled application or digital platform showing that the driver is available to pick up passengers; when a passenger is in the vehicle; when the provider's dispatch records show that the vehicle is dispatched; or when the driver has accepted a dispatch and is enroute to provide a transportation network service to a passenger. PREARRANGED TRANSPORTATION SERVICE A transportation service that is offered and accepted through a licensee's Internet- enabled application or digital platform before the transportation commences PLACE OF BUSINESS A location where (1) the City may send, and the licensee shall accept, notices of hearing or other notices from the City; and (2) the licensee maintains its business and financial records relating to its license PROVIDER A person that offers or provides a transportation network service. SERVICE A prearranged transportation service 314 of 401 109-O-14 offered or provided for compensation using an Internet-enabled application or digital platform to connect potential passengers with transportation network drivers. The term "transportation network service" does not include a "ridesharing arrangement” as that term is defined in Section 2 of the Illinois Ridesharing Arrangements Act, codified at 625 ILCS 30/2. TRANSPORTATION NETWORK DRIVER An individual affiliated with a transportation network provider or with a person who is affiliated with a provider to transport passengers for compensation using a transportation network vehicle. TRANSPORTATION NETWORK LICENSEE The holder of, or a person that is required to hold, a transportation network provider license issued pursuant to this Chapter. TRANSPORTATION NETWORK PROVIDER A person that offers or provides a transportation network service. TRANSPORTATION NETWORK SERVICE A prearranged transportation service offered or provided for compensation using an Internet-enabled application or digital platform to connect potential passengers with transportation network drivers. The term "transportation network service" does not include a "ridesharing arrangement” as that term is defined in Section 2 of the Illinois Ridesharing Arrangements Act, codified at 625 ILCS 30/2. TRANSPORTATION NETWORK VEHICLE Any vehicle used to provide a transportation network service. VEHICLE AGE The age of a vehicle computed by totaling the number of the years from the model year to the calendar year, including both. For example, a vehicle with a model year of 2009 has a vehicle age of 4 years in the 2012 calendar year (2009 + 2010 + 2011 + 2012). WHEELCHAIR-ACCESSIBLE TRANSPORTATION NETWORK VEHICLE A transportation network vehicle that a person in a wheelchair may enter and exit independently or with assistance while seated in a wheelchair. A wheelchair- accessible transportation network vehicle shall safely secure and restrain the wheelchair, shall have only side entries for passengers, and shall comply with all 315 of 401 109-O-14 applicable standards provided by law for wheelchair-accessible vehicles, including standards specified by applicable ordinances and regulations adopted by the City. 3-31-2: TRANSPORTATION NETWORK PROVIDER LICENSE – REQUIRED: (A) No person shall engage in a transportation network provider business in the City without a transportation network provider license issued pursuant to this Chapter. (B) No vehicle shall be used as a transportation network vehicle in the City except by a driver affiliated with a transportation network provider licensed pursuant to this Chapter. (C) It shall be unlawful for any transportation network provider licensed by another jurisdiction to provide a transportation network service within the corporate boundaries of the City, except where the passengers have as their destination the community in which such provider is licensed. (D) A transportation network vehicle operated by a driver affiliated with a provider licensed by another jurisdiction may come into the City to discharge passengers whose trip originated outside of the City. (E) Any prospective and future licenses granted pursuant to this Chapter may be denied, rescinded, or revoked by the City. 3-31-3: TRANSPORTATION NETWORK PROVIDER LICENSE – LICENSE CLASSES: (A) The City Manager may issue or renew two classes of transportation network provider licenses: (i) Class A transportation network provider license, referenced in this Section as, "Class A license"; and (ii) Class B transportation network provider license, referenced in this Section as, “Class B license.” 1. A Class A license shall apply to licensees whose average transportation network service operation is not more than 20 hours per week, as calculated pursuant to Subsection (A)(4) of this Section. 2. A Class B license shall apply to licensees whose average transportation network service operation is more than 20 hours per week, as calculated pursuant to Subsection (A)(4) of this Section. 3. For the initial license period, applicants may choose to apply for a Class A or a Class B license. An applicant who is issued a Class A license must within six months after the issuance of the license provide data to the City 316 of 401 109-O-14 Manager, as the City Manager prescribes, that shows the licensee is operating in compliance with this Chapter. 4. Weekly Average Transportation Network Service Operation Calculations a. For purposes of the initial license period, a licensee's weekly average transportation network service operation shall be calculated by dividing the total number of hours the licensee's active drivers are operating transportation network vehicles in the City, including trips originated in the City, for a three-month consecutive period following the issuance of the license with the licensee's total number of active drivers multiplied by the number of weeks in the three-month period. b. For purposes of license renewal applications, an applicant's weekly average transportation network service operation shall be calculated by dividing the total number of hours the applicant's active drivers have been operating transportation network vehicles in the City, including trips originated in the City, for a six-month period immediately before the license renewal application with the licensee's total number of active drivers multiplied by the number of weeks in the six-month period. (B) The City Manager may, from time to time, require licensees to provide data, as the City Manager prescribes, to audit their compliance with this Chapter. After conducting such audit, if the City Manager determines that any licensee is operating in violation of this Chapter, the City Manager may require such licensee to comply with this Chapter. Nothing provided in this Subsection shall be construed to prohibit the City Manager from taking other enforcement actions, as provided in this Chapter, against any person that violates this Chapter. 3-31-4: TRANSPORTATION NETWORK PROVIDER LICENSE – FEE AND LICENSE TERM: (A) The annual fee for the issuance or renewal of a transportation network provider license shall be: 1. $10,000.00 for a Class A transportation network provider license; or 2. $25,000.00 for a Class B transportation network provider license. The license fee shall be paid as a precondition to issuance or renewal of the license and shall not be prorated. (B) Except for the initial license period, a transportation network provider license shall be issued or renewed for a one-year license term starting on January 1. 317 of 401 109-O-14 (C) Nothing in this Section shall affect the rights of the City to impose or collect any other applicable tax upon the use or operation of a transportation network vehicle in addition to the license fee specified in this Section. (D) A transportation network provider license is non-transferable. 3-31-5: TRANSPORTATION NETWORK PROVIDER LICENSE – APPLICATION: (A) Application for the issuance or renewal of a transportation network provider license shall be made in writing to the City Manager on a form provided by the City Manager and signed and sworn to by the applicant or, if the applicant is a corporation, limited liability company, or partnership, by its authorized agent. Each application shall contain at a minimum: 1. If the license applicant is an individual: a. The individual's full name, social security number, residence address, business address, business e-mail address and business telephone number; b. Proof that the applicant is at least 21 years of age; 2. If the license applicant is a corporation: a. The corporate name, business address and telephone number of the applicant; b. The date and state of incorporation; c. The full names, titles, social security numbers, residence addresses, e- mail addresses and residence telephone numbers of its corporate officers, and of those stockholders who own 25 percent or more of its voting shares, and of its authorized agent; d. Proof that all corporate officers are at least 21 years of age; and e. Proof that the corporation is in good standing under the laws of the State of Illinois. 3. If the license applicant is a partnership or limited liability company: a. The name, business address or principal office address and telephone number of the applicant; b. The full names, social security numbers, residence addresses, e- mail addresses and residence telephone numbers of (a) the three members who own the highest percentage interests in such partnership or limited liability company, (b) the general partner of a partnership, (c) the managing member of a limited liability company, (d) the applicant's authorized agent, and (e) any other member who owns a 25 percent or more interest therein; c. The full name, address, e-mail address and telephone number of a 318 of 401 109-O-14 person authorized to receive notices issued pursuant to this Chapter; and d. Proof that all persons, partners, managers, managing members and members, as applicable, are at least 21 years of age. (B) In addition to the license application requirements listed in Subsection (A) of this Section, and in addition to any other information that the City Manager may reasonably require in connection with the issuance or renewal of a license, any applicant for license issuance or renewal shall provide to the City Manager, in a manner the City Manager prescribes: 1. The full name, driver's license number and address of drivers registered with the applicant; 2. The license plate number, registered owner and the vehicle identification numbers of the transportation network vehicles registered with the applicant with a document attesting that each such vehicle meets the inspection and vehicle standard requirements provided in this Chapter; 3. A list of wheelchair- accessible transportation network vehicles registered with the applicant, if any; and 4. The applicant's insurance policies as provided in Section 3-31-9. 3-31-6: TRANSPORTATION NETWORK PROVIDER LICENSE – QUALIFICATIONS FOR LICENSE: (A) In order to qualify for a transportation network provider license, whether upon initial application or upon application for renewal of a license: 1. An applicant shall be in compliance with all applicable City, State of Illinois and federal laws; 2. An applicant shall have a place of business according to requirements applicable to that applicant, as follows: a. With respect to any corporate or limited liability company applicant, the company shall be organized or qualified to do business under the laws of the State of Illinois and have a place of business in the City of Chicago or the City of Evanston; or b. With respect to any partnership applicant, the partnership shall have a place of business in the City of Chicago or the City of Evanston; or c. With respect to any individual applicant, the applicant shall be a citizen or legal resident of the United States, residing and domiciled in the City of Evanston. (B) In determining whether an applicant is qualified for a transportation network provider license, or the renewal thereof, the City Manager shall take into 319 of 401 109-O-14 consideration: 1. The character and reputation of the applicant or its members, officers or directors, including, if applicable, the disciplinary record of the applicant, or of any officer or director of a corporate applicant, as a City license holder; 2. The applicant's ability to provide lawful, safe, suitable and comfortable service; the applicant's ability to engage qualified transportation network drivers and eligible transportation network vehicles; and the applicant's ability to provide service to customers with disabilities; 3. The applicant's ability to maintain mandated insurance; and 4. The applicant's financial ability to pay all judgments and awards which may be rendered for any cause arising out of the operation of a transportation network provider business. (C) No applicant is eligible for a license if any transportation network provider license held by the applicant, or by any officer or director of a corporate applicant or partner of a partnership applicant, has been revoked within the previous five years, or if the applicant, or any officer or director of a corporate applicant or partner in a partnership applicant, within the five years immediately preceding the date of his application, has been either convicted, or in custody, under parole or under any other noncustodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony as defined by Article 2 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-0.5 et seq., or its equivalent under federal or other jurisdictional law. (D) Eligibility for issuance of any license under this Chapter shall be a continuing requirement for maintaining such license. Nothing in this Chapter shall create a vested right in the issuance or renewal of any license issued under this Chapter. No administrative act taken by the City before, during or after the license application or renewal procedure shall create a vested right in the issuance or renewal of any license issued under this Chapter. 3-31-7: TRANSPORTATION NETWORK PROVIDER LICENSE – INVESTIGATION AND ISSUANCE: (A) Upon receipt of an application for the issuance or renewal of a transportation network provider license, the City Manager may investigate the applicant for compliance with all applicable provisions of this Code, including but not limited to, the applicant's compliance or ability to comply with the license qualification requirements specified in City Code 3-31-6. (B) Every individual applicant shall be required to submit to fingerprinting and shall provide photos of the applicant to the City Manager. The authorized agent of every corporate, limited liability company, or partnership applicant shall be required to submit to fingerprinting and shall provide photos of the authorized agent to the City Manager. Applicants shall be responsible for the costs of 320 of 401 109-O-14 fingerprinting and photos. (C) As part of the application process, fees sufficient to cover the costs of processing fingerprints and photos will be assessed in addition to the license fees set forth in this Code. The fingerprinting and photo fees will be assessed regardless of whether the license applied for is issued or denied. The amount of the fees shall be prescribed by the City Manager. (D) If an application for the renewal of a license is denied, the applicant may within ten days of the mailing of notice of the denial make a written demand upon the City Manager for a hearing. Upon receipt of a timely written demand for a hearing the City Manager shall conduct a hearing. If at such a hearing the applicant establishes through competent evidence that the denial was based upon incorrect findings, the City Manager may issue the license. If at such a hearing the denial is found to have been based upon correct findings, the denial shall become final. After entry of a final denial, the applicant shall be ineligible to make a new application for a period of 18 months. Any person seeking an appeal of a denial shall be responsible for paying all costs related to a hearing, including but not limited to, court reporter costs. The appeal rights in this subsection shall only apply to license renewals. 3-31-8: TRANSPORTATION NETWORK PROVIDER LICENSE – RESCISSION: The City Manager shall have the power to rescind, pursuant to this Section, any transportation network provider license erroneously or illegally issued or renewed pursuant to this Section. In order for such a rescission to be effective, the City Manager shall notify the licensee of the date the rescission will take effect. The notice shall be provided by first-class mail or in person. The City Manager shall indicate in such notice the basis for the rescission and shall also indicate a date and time, prior to the proposed rescission date, upon which the licensee may appear before the City Manager, or his or her designee, to contest the proposed rescission. If a licensee fails to appear, the rescission will become final. A licensee shall have no right to request a continuance of such contested hearing. Following the appearance of the licensee before the City Manager, the City Manager may affirm or reverse the rescission decision based upon the evidence presented by the licensee. The City Manager's decision shall be in writing and shall be mailed to the licensee at least five days before a license rescission is effective. A licensee may appeal the City Manager's decision to any court of competent jurisdiction. 3-31-9: TRANSPORTATION NETWORK PROVIDER LICENSE – INSURANCE REQUIRED: (A) Every licensee and transportation network driver shall comply with all applicable insurance requirements mandated by federal, State of Illinois, and City laws, (B) Each applicant for the issuance or renewal of a transportation network provider 321 of 401 109-O-14 license shall provide proof that the applicant has: 1. Commercial general liability insurance to secure payment by the applicant of any final judgment or settlement of any claim against the applicant or employees of the applicant's transportation network provider business. Such insurance shall be primary and noncontributory; name the City of Evanston as an additional insured; and include a provision requiring 30 days' advance notice to the City of Evanston Corporation Counsel prior to cancellation or lapse, or any change of the policy. 2. Commercial automobile liability insurance to secure payment by the applicant of any financial judgment or settlement of any claim against the applicant or the applicant's transportation network drivers resulting from any occurrence arising out of or caused by the operation of a transportation network vehicle. The licensee shall provide 30 days' advance notice to the City Manager prior to cancellation or lapse, or any change of the policy. (C) Such insurance policies shall provide at least the following minimum coverage: 1. Commercial general liability insurance with limits of not less than $1,000,000.00 per occurrence, for bodily injury, personal injury, and property damage; and 2. Commercial automobile liability insurance with a combined single limit for bodily injury and property damage of $1,000,000.00 per occurrence, covering liability resulting from any occurrence arising out of or caused by the operation of a transportation network vehicle (including owned, hired, and non-owned vehicles) while the applicant's transportation network driver has accepted a ride until the completion of the ride; and automobile liability insurance with limits for bodily injury and property damage not less than the minimum amount required under Section 7-601 of the Illinois Vehicle Code, codified at 625 ILCS 5/7-601, per occurrence, covering liability resulting from any occurrence arising out of or caused by the operation of a transportation network vehicle (including owned, hired, and non-owned vehicles) while the applicant's transportation network driver is logged onto the transportation network provider's Internet-enabled application or digital platform showing that the driver is available to pick up passengers until such driver accepts a ride. (D) The insurance policies required in this Section shall be: 1. Available to cover claims as specified in this Section regardless of whether a driver maintains insurance adequate to cover any portion of the claim; 2. Disclosed on the licensee's Internet-enabled application and website in the form of a certificate of insurance, and 3. Maintained in force at all times that the transportation network provider 322 of 401 109-O-14 offers or provides transportation network service. 4. Any disclaimers in an insurance policy or certificate of insurance which purport to disclaim any coverages required under this Chapter are declared to be null and void under the public policy of the City of Evanston and the State of Illinois. (E) No transportation network provider license shall be issued unless the applicant first provides copies of the insurance policies required in this Section to the City of Evanston Corporation Counsel. (F) Any driver shall provide to any authorized law enforcement officer, in addition to any applicable insurance, proof of the insurance policies required by this Section in case of an accident involving a transportation network vehicle while he is operating a transportation network vehicle. 3-31-10: TRANSPORTATION NETWORK VEHICLES – OWNERSHIP AND STANDARDS: (A) No licensee shall own, provide financing for the obtaining, leasing, or ownership of, or have a beneficial interest in transportation network vehicles. (B) In addition to all other applicable legal requirements, it shall be unlawful for any person to operate or cause to be operated any transportation network vehicle unless such vehicle: 1. Has a manufacturer's rated seating capacity of less than ten persons, including the transportation network driver; 2. Has at least two doors and meets applicable Federal Motor Vehicle Safety Standards for vehicles of its size, type and proposed use; 3. Is a coupe, sedan, or light-duty vehicle, including a van, minivan, sport utility vehicle, pickup truck, hatchback or convertible; 4. Has not been issued the title class of "salvage," "rebuilt," "junk," "total loss," or any equivalent classification in any jurisdiction; and 5. Has a vehicle age of six years or less if the licensee dispatching the vehicle is a Class B transportation network licensee. The City Manager is authorized to permit dispatching of vehicles older than the vehicle age limit provided in this Subparagraph (5), as provided by rule, for a period not more than 2 years if such vehicle is inspected by the City and has passed such inspection. (C) No vehicle licensed as a taxi or public transportation vehicle in any jurisdiction shall be operated as a transportation network vehicle. However, nothing provided in this Chapter shall be construed to prohibit or limit the utilization of an Internet- enabled application or digital platform for the provision of prearranged ride services by taxicabs or other vehicles for hire pursuant to City Code Title 3, Chapter 17. 323 of 401 109-O-14 (D) The licensee and the licensee's driver shall be jointly and severally liable if the licensee knowingly permits the licensee's driver to use a vehicle that does not meet the requirements for a transportation network vehicle. 3-31-11: TRANSPORTATION NETWORK VEHICLES – INSPECTIONS: (A) No Class A transportation network provider licensee shall allow any vehicle to be used as a transportation network vehicle unless such vehicle is inspected according to standards approved by the City Manager, and has passed such inspection. A driver engaged by a Class A licensee shall maintain complete documentation of such inspection in the vehicle at all times while being used to provide transportation network services, and a written copy of such documentation shall be provided to the City Manager upon request. (B) Prior to using any transportation network vehicle, and annually thereafter, a Class B transportation network licensee or a driver engaged by such licensee shall have the vehicle inspected at a City-licensed motor vehicle repair shop or at a facility designated by the City Manager, and maintain complete documentation of such inspections in the vehicle at all times while being used to provide transportation network services, and a written copy of such documentation shall be provided to the City Manager upon request. To pass such inspection, a transportation network vehicle shall, at a minimum, be rust-free and shall pass the following inspections: 1. Foot brakes; 2. Emergency brakes; 3. Steering mechanism; 4. Windshield; 5. Rear window and other glass; 6. Windshield wipers; 7. Headlights; 8. Tail lights; 9. Turn indicator lights; 10. Stop lights; 11. Front seat adjustment mechanism; 12. Doors (open, close, lock); 13. Horn; 14. Speedometer; 15. Bumpers; 16. Muffler and exhaust system; 17. Condition of tires, including tread depth; 18. Interior and exterior rear view mirrors; 19. Safety belts for driver and passenger(s); 20. Drivetrain, including the transmission and universal joints; 21. Axles and wheels, including ball joints; and 324 of 401 109-O-14 22. If the vehicle is a wheelchair-accessible vehicle, it shall also be inspected for compliance with legally required safety standards. (C) The licensee and the licensee's driver shall be jointly and severally liable for any violation of this Section. 3-31-12: TRANSPORTATION NETWORK VEHICLES – DISTINCTIVE SIGNAGE AND EMBLEM: (A) A transportation network vehicle shall display, in a form approved by the City, consistent and distinctive signage at all times while being used to provide transportation network services. The distinctive signage shall be sufficiently large and color contrasted (i) as to be readable during daylight hours at a distance of at least 50 feet, and (ii) to identify a particular vehicle associated with a particular licensee. Acceptable forms of distinctive signage include, but are not limited to, symbols or signs on vehicle doors, roofs, or grilles. Magnetic or other removable distinctive signage is acceptable. Licensees shall file an illustration of their distinctive signage with the City Manager. (B) A transportation network vehicle shall display a consistent and distinctive emblem at all times while being used to provide transportation network services. The City Manager is authorized to specify the manner of display, method of issuance, design and contents of such emblem. Emblems displayed on wheelchair-accessible transportation network vehicles shall specify or mark that such vehicles are wheelchair- accessible. 3-31-13: TRANSPORTATION NETWORK VEHICLES – COMMERCIAL ADVERTISEMENTS PROHIBITED: Commercial advertisements shall not be displayed on the exterior or in the interior of a transportation network vehicle. 3-31-14: TRANSPORTATION NETWORK VEHICLES – ACCESSIBILITY: (A) Effective January 1, 2015, the Internet-enabled application or digital platform used by a licensee to connect drivers and passengers shall be accessible to customers who are blind, visually impaired, deaf and hard of hearing. (B) Such application or platform shall provide customers with an opportunity to indicate whether they require a wheelchair-accessible transportation network vehicle. Licensees shall provide service to customers who require a wheelchair- accessible transportation network vehicle either by: (1) connecting such customers with the licensee's drivers who operate wheelchair-accessible transportation network vehicles; or (2) entering into a service agreement with other persons that dispatch wheelchair-accessible vehicles in order to dispatch such vehicles through the licensee's application or platform. City Code Section 3- 325 of 401 109-O-14 31-10(A) shall not be construed to prohibit licensees from entering into a service agreement with persons that dispatch wheelchair-accessible transportation vehicles as provided in this Subsection. Such application or platform shall allow customers to designate whether or not they need a wheelchair-accessible transportation network vehicle in setting their customer's profile with the licensee. In addition, if such application or digital platform allows drivers to rate their passengers, licensees shall train their drivers not to discriminate against people with disabilities in their passenger ratings. It shall be a violation of this Chapter for a driver to rate a passenger based upon a disability. (C) In addition to the inspection requirements specified in City Code Section 3-31-11, wheelchair-accessible vehicles shall be inspected by the City for compliance with legally required safety standards before such vehicles are used as wheelchair- accessible transportation network vehicles. 3-31-15 TRANSPORTATION NETWORK DRIVERS – REQUIREMENTS: (A) No Class B transportation network provider licensee shall engage any person as a transportation network driver unless the person possesses a valid restricted public chauffeur license issued by the City pursuant to City Code Section 3-17-4 and rules and regulations promulgated thereto. (B) No Class A transportation network provider licensee shall engage any person as a transportation network driver unless the licensee ascertains, in a process approved by the City Manager, that the person: 1. Possesses and has possessed a valid Illinois State driver's license, or a valid driver's license of another state, district or territory of the United States, for at least one year prior to applying to become a transportation network driver; 2. Is at least 21 years of age; 3. Has not been convicted of reckless driving, hit and run, or driving with a suspended or revoked license; and has not been convicted of or placed on supervision for two or more offenses involving traffic regulations governing the movement of vehicles, or whose Illinois driver's license has not been suspended or revoked pursuant to Section 6-206 of the Illinois Vehicle Code, codified at 625 ILCS 5/6-206, within the 12 months immediately prior to applying to become a transportation network driver; 4. Has successfully completed a transportation network driver's training program approved by the City Manager and conducted by the licensee or other authorities approved by the City Manager. In addition to other applicable requirements, such training program must cover topics related to providing service to people with disabilities; 5. Has not, within the five years immediately preceding his application to be a driver, been either found guilty by a court of any jurisdiction, In custody, on parole, or under any other non-custodial supervision resulting from a 326 of 401 109-O-14 finding or determination of guilt by a court of any jurisdiction for (i) the commission of any felony as defined by Article 2 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-0.5 et seq., (ii) any crime involving moral turpitude, (iii) the. illegal sale or possession of any controlled substance, (iv) indecent solicitation of a child or any criminal sexual abuse or similar crime, or (v) operating a motor vehicle while under the influence of alcohol or narcotic drugs; and 6. Has not had a public chauffer license or restricted public chauffeur license suspended, revoked or non-renewed by the City within the five years immediately preceding his application to be a driver. (C) Any Class A transportation network provider licensee shall (1) perform a criminal background check on each transportation network driver applicant; (2) obtain each transportation network driver applicant's driving record; and (3) ascertain that all the requirements of Subsection (b) are met before engaging a transportation network driver. 1. Any Class A transportation network provider licensee shall maintain and enforce a zero-tolerance policy for intoxicating substances. Such policy shall promote zero tolerance using a combination of appropriate means that may include education, random testing, assistance programs and counseling, among other measures. 2. One year after engaging a driver, and annually thereafter, each Class A transportation network provider licensee shall ascertain that the driver is still eligible to be a transportation network driver by verifying that the driver meets all of the requirements specified in this Section, including the criminal background check requirement specified in Subsection (b)(2), and shall keep records of such verification for a period of three years and shall submit such records to the City Manager upon request. (D) If any licensee engages an ineligible driver or if any Class A transportation network provider licensee fails to annually ascertain the eligibility of each driver such licensee engages, the licensee shall be liable for the violation of this Section and shall also be jointly and severally liable with the ineligible driver for any violation of this Chapter by the ineligible driver. (E) Eligibility for engagement as a driver under this Chapter shall be a continuing requirement for remaining so engaged. Nothing in this Chapter shall be construed as requiring or mandating that the City ascertain eligibility of drivers. The licensee, at all times, shall be solely responsible for compliance with this Section. 3-31-16 TRANSPORTATION NETWORK DRIVER – INTOXICATING SUBSTANCE POLICY: (A) In addition to the prohibitions set forth in City Code Title 3, Chapter 17, any 327 of 401 109-O-14 licensee shall include on its website, mobile application and riders' receipts, a notice or information on the licensee's zero-tolerance policy for intoxicating substances and the methods to report a transportation network driver whom the rider reasonably suspects was under the influence of drugs or alcohol during the ride. The website and mobile application shall include a phone number or mobile application call function and email address to report the zero-tolerance complaint. A licensee shall comply with any request for information made by the City related to any zero-tolerance complaint. 3-31-17 DRIVER – IDENTIFICATION CARD: The licensee shall issue an identification card to drivers that such licensee engages. Such identification card shall have the name of the driver and a photograph permanently attached to the identification card. A ll transportation network drivers shall display the identification card at all times while operating a transportation network vehicle in the City of Evanston. 3-31-18 OPERATING REGULATIONS: (A) In addition to all other applicable requirements provided by law, it shall be unlawful for any person: 1. Who is under the age of twenty-one years to operate a transportation network vehicle; 2. To operate a transportation network vehicle while under the influence of alcoholic beverages or controlled substances other than medication prescribed by a physician, provided that such prescribed medication does not warn that the user not operate machinery while taking the medication; 3. To operate, or cause to be operated, a transportation network vehicle in any area where the operation of such vehicle is prohibited by applicable law; 4. To operate a transportation network vehicle within the City while not in possession of a valid driver's license issued by a state, district or territory of the United States; 5. To operate, or cause to be operated, a transportation network vehicle that does not meet the vehicle standard and inspection requirements specified in this Chapter; or 6. To transport or cause to be transported more than seven passengers on any given ride in a vehicle. (B) No person may drink any alcoholic liquor while such person is operating or being transported by a transportation network vehicle, nor may any person transport, carry, possess or have any alcoholic liquor while being transported by a transportation network vehicle, except in the original package with the seal unbroken. For purposes of this Subsection the term "alcoholic liquor'' has the meaning ascribed to that term in City Code Section 3-4-1. 328 of 401 109-O-14 (C) No licensee or transportation network driver shall solicit potential passengers. Transportation network vehicles may only be used to provide prearranged transportation service. For purposes of this Subsection, the term “solicit” means an appeal by words or gestures for immediate patronage of a transportation network vehicle by a licensee or a transportation network driver upon the public way attempting to direct people to a transportation network vehicle that is parked, stopped, standing or moving upon the public way. (D) No transportation network driver shall accept or respond to passengers' or potential passengers' requests for service via traditional street hail, including hand gestures and verbal statements. (E) No transportation network vehicle shall be parked on any public way for a time longer than is reasonably necessary to accept passengers in answer to a prearranged transportation service and no passenger shall be accepted except as provided in Subsection (C) of this Section. No transportation network vehicle shall park or loiter at a City of Evanston taxicab stand established pursuant to City Code Section 3-17-5-4. (F) The Internet-enabled application or digital platform used by a licensee to connect drivers and passengers shall display for a passenger: 1. The identification card of the transportation network driver; 2. A picture of the transportation network vehicle the driver is approved to use, including the license plate number of the vehicle, and the make, model and model year of the vehicle; 3. The City's 311 service center number the passenger may use to report complaints; and 4. Whether smoking is permitted in the vehicle. If such application or digital platform allows drivers to rate their passengers, it shall have a feature that allows passengers to opt-out from being rated by drivers. (F) Any licensee shall clearly disclose, on the licensee's on-line enabled application or digital platform and website, that the licensee is a transportation network provider. Additionally, the disclosure shall state that each licensee is required to maintain insurance policies as specified in Section 3-31-9. Any licensee shall provide proof of insurance policies required in Section 3-31-9 to each transportation network driver before the driver begins providing service and for as long as the driver remains available to provide service. (G) Licensees shall have an affirmative duty to respond to requests for service in underserved areas. (H) Any transportation network driver shall, in the transportation network vehicle at all times: 329 of 401 109-O-14 1. Carry proof of the insurance policies required in Section 3-31-9 covering the vehicle; 2. Carry an electronic or paper copy of the agreement or terms of service between the driver and the transportation network provider; and 3. Display the vehicle's distinctive emblem issued pursuant to City Code Section 3-31-12. (I) All licensees and drivers must comply with all Federal, State of Illinois and City of Evanston non-discrimination laws. No licensee shall discriminate against any potential or existing employee, driver or passenger on account of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, marital status, parental status, military discharge status or source of income. (J) Any transportation network driver must comply with all Federal, State of Illinois and City of Evanston non-discrimination laws by accepting, without extra charge, riders with service animals. (K) Any terms or conditions in the agreement between the licensee and the transportation network driver, or between the licensee and any customer, that would act as a waiver of the licensee’s liability to the driver, the customer, or to the public, are declared to be contrary to public policy, null, void and unenforceable. (L) Any terms or conditions in the agreement between a licensee and a transportation network driver that would prohibit the driver from engaging as a transportation network driver with other licensees are declared to be contrary to public policy, null, void and unenforceable. (M) Transportation network vehicles shall be kept clean at all times they are used to provide a transportation network service. The City of Evanston shall be the sole authority in determining whether the vehicle is clean or not. 3-31-19: RESTRICTIONS ON HOURS OF OPERATION (A) All licensees must implement processes to ensure that no transportation vehicle driver operates a transportation network vehicle for more than 10 hours within a 24 hour period. (B) No transportation network vehicle driver shall operate a transportation network vehicle for one or more licensees for more than 10 hours within a 24 hour period. (C) No vehicle shall be used in the operation of a transportation network vehicle by one or more drivers for more than 10 hours within a 24 hour period. 330 of 401 109-O-14 3-31-20: SERVICE CHARGES AND FARE RATES: (A) Licensees may charge compensation for service based on distance travelled or time elapsed during service, or based on distance travelled and time elapsed during service, or a flat prearranged fare, or a suggested donation. (B) Any licensee shall display the licensee's fare rate on such licensee's website and Internet-enabled application or digital platform used by the licensee to connect drivers and passengers. In addition, any licensee shall display a button for displaying a fare quote for any requested trip on the licensee's Internet-enabled application or digital platform in the same size and graphics as the licensee's trip request button. 3-31-21: RECORDS AND REPORTS: (A) Every licensee shall keep accurate books and records of account of the licensee's operations at the licensee's place of business in the City for a minimum of three years. Such records shall be submitted for inspection upon the request of the City Manager. Such records shall also be maintained and shall be produced in an electronic format or any other format required by the City. (B) Each licensee shall provide the following data to the City Manager, at such times and in a format and manner prescribed by the City Manager: 1. The number and percentage of the licensee's customers within the City who requested wheelchair accessible vehicles and the number of filled requests; 2. The number and percentage of rides requested and accepted, and the number of rides requested and not accepted, by the licensee's drivers, organized according to the geographic parameters and time frames specified by the City Manager; 3. Information on any accident or other incident that involved the licensee's driver and that was reported to the licensee, the cause of the incident, and the amount paid, if any, for compensation to any party in each incident. The report will contain information as to the date of the incident, the time of the incident, and the amount that was paid pursuant to the licensee's insurance policy. Also, the report will provide the total number of incidents involving the licensee's driver during the year; 4. The average and mean number of hours and miles each of the licensee's drivers spent driving for the licensee; and 5. Only for purposes of law enforcement or emergency response, real-time tracking of the licensee's drivers and vehicles, including access to the driver's identifying information, GPS location data, and whether or not the driver is engaged with a passenger. If specialized hardware or software is required for real-time tracking, the licensee shall provide the specialized hardware or software to the City. 331 of 401 109-O-14 (C) Nothing provided in this Section shall be construed to require licensees to provide personally identifiable passenger information to the City. 3-31-22 LICENSE – SUSPENSION OR REVOCATION: (A) The City Manager may seek all applicable penalties, including but not limited to fines, license suspension, and license revocation in addition to restitution or other equitable relief against any licensee that violates this Chapter or any rules or regulations adopted pursuant to this Chapter. (B) Before any suspension or revocation or fine is imposed, or equitable relief is ordered, the licensee shall be notified of the specific charges against him and of his right to a hearing. (C) If the City Manager has information provided by a law enforcement agency or any court of law that a licensee has been charged with the commission of a felony, as defined in Article 2 of the Illinois Criminal Code of 2012, codified at 720 ILCS 5/2-0.5 et seq., arising in connection with the transportation network provider business, the City Manager shall immediately suspend all licenses of the licensee until final adjudication is made with respect to such charges. (D) Any person whose transportation network provider license is revoked under this Chapter shall be ineligible to receive another transportation network provider license under the same or a different name for a period of five years following revocation. (E) In addition to the powers authorized in this Section, the City Manager may seek suspension, revocation or may decline to renew a provider's license in accordance with other applicable sections of this Code. 3-31-23 VIOLATION – PENALTY: (A) Any licensee who violates this Chapter or any rule or regulation promulgated hereunder shall be fined $750.00 for each such violation. Each day that any violation shall continue shall be deemed a separate and distinct offense. (B) Any person other than a licensee who violates any of the provisions of this Chapter or any rule or regulation promulgated hereunder, shall be fined $750.00 for each such violation. Each day that any violation shall continue shall be deemed a separate and distinct offense. (C) In addition to fines, penalties for any violation of this Chapter, as applicable, may include license suspension, rescission, non-renewal, revocation and/or vehicle impoundment. 332 of 401 109-O-14 3-31-24 IMPOUNDMENT OF VEHICLE – NOTIFICATION OF OWNER – PENALTY: (A) In addition to any other applicable penalty, the owner of record of any motor vehicle that is used for the transportation or the solicitation for the transportation of passengers for compensation in violation of this Chapter shall be liable to the City for an administrative penalty of $2,000.00 plus any applicable towing and storage fees. Any such vehicle shall be subject to seizure and impoundment pursuant to this Section. This Subsection shall not apply if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered. (B) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this Section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violations, of the fact of the seizure and of the vehicle owner's right to request a vehicle impoundment hearing. 3-31-25: ENFORCEMENT – RULES AND REGULATIONS: (A) Upon request, a driver shall display to the City Manager, or other person authorized to enforce this Chapter, a physical or electronic record of a ride in progress sufficient to establish that it was a prearranged transportation service. To the extent that trip records are contained on electronic devices, drivers are not required to relinquish custody of the devices in order to make the required display. (B) If any person files a complaint against a licensee or driver with the City Manager, in addition to all other powers and remedies provided under this Code, the City Manager shall have the right to inspect the licensee's records and transportation network vehicles associated with the licensee as necessary to investigate and resolve the complaint. If the complaint involves a driver not licensed as a public chauffeur by the City, the City Manager may provide the complaint to the licensee or licensees that engaged the driver. Nothing provided in this Section shall be construed to prohibit the City Manager from investigating any complaint against a transportation network driver or from taking appropriate enforcement action in accordance with this Chapter, including the listing of such driver as ineligible to be a transportation network driver. (C) The City Manager is authorized to enforce this Chapter, and to adopt rules and regulations for the proper administration and enforcement of this Chapter. (D) Every license holder shall display distinctive signage and emblem as required by 333 of 401 109-O-14 City Code Section 3-31-12. If a transportation network vehicle does not display said signage and emblem as required by this Chapter, then the license holder of the vehicle and the transportation network provider shall be prohibited from using or permitting the use of the vehicle as a transportation network vehicle in the City. 3-31-26: FARE RATES HIGHER THAN REGULAR RATES: (A) A licensee licensed under this Chapter may charge passengers at a higher fare rate than the regular fare rate displayed in the licensee's Internet- enabled application or digital platform only if such licensee or such licensee's dispatch complies with all of the following requirements: 1. The licensee or the licensee's dispatch through the licensee's or the dispatch's Internet-enabled application or digital platform and e-mail accounts of the licensee's subscribers provide public notice of the time period when the higher fare rate would apply: and 2. The licensee's or the licensee's dispatch Internet-enabled application or digital platform clearly provides to a customer requesting a trip the option to obtain the total reasonable fare estimate of the trip in a range expressed in dollars and cents in addition to any applicable rate multiplier. The on-screen prompt for the choice to decline the fare estimate shall be smaller in size than the on-screen prompt to accept that estimate. 3. The customer requesting the ride expressly agrees to the fare estimate unless pursuant to Subsection (A)(2) the customer has chosen to decline the estimate offered when accepting the ride on the licensee's or the licensee's dispatch Internet-enabled application or digital platform. SECTION 3: This ordinance shall take effect May 1, 2015. 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 Complied Statues and the courts of the State of Illinois. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: 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 334 of 401 109-O-14 without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _______________, 2015 Adopted: _________________, 2015 Approved: ___________________________, 2015 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 335 of 401 For City Council Meeting of January 26, 2015 Item A13 Ordinance 124-O-14: Authority to Remove Vehicles (Tow) For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Parking/Revenue Manager Subject: Ordinance 124-O-14, Amending Title 10, Motor Vehicles and Traffic, Chapter 6, Traffic Schedules, Section 2 (B), Authority to Remove Vehicles (Tow) Date: December 18, 2014 Recommended Action: The Transportation/Parking Committee and City staff recommend that the City Council consider amending Title 10, Chapter 6, Section 2(A) adding Line 18 to allow towing for vehicles physically obstructing a fire hydrant and adding Section 2(B) providing 48-hour notice when temporary tow signs are posted. This ordinance was introduced at the January 12, 2015 City Council meeting. Summary: Title 10-6-2(A)8, is used when a motor vehicle is in a tow-away zone in order to enforce violations involving vehicles that are obstructing access to fire hydrants. Staff recommends that obstructing a fire hydrant be added as 10-6-2(A)18, when the motor vehicle is physically obstructing access to a fire hydrant. Past internal policy and practice has required that vehicles subject to tow on a public street or place are provided 48-hour notice when temporary signs are posted. Staff recommends that the 48-hour provision be added to the code to ensure that proper notice is given by the City and that such tow-away zones shall clearly indicate the temporary tow-away zone, date and time. The change does not relinquish the right to remove any and all vehicles under emergency and other provisions set forth in 10-6- 2(A). Legislative History The Transportation/Parking Committee recommended approval on December 17, 2014. --------------------------------------------------------------------- Attached: Ordinance 124-O-14 Memorandum 336 of 401 10/8/2014 124-O-14 AN ORDINANCE Amending Section 10-6-2: Authority to Remove Vehicles (T ow) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 10-6-2 of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 10-6-2: Authority to Remove Vehicles (Tow) (A) The City Manager or his/her designee is hereby authorized to immediately and without prior notice tow away, or cause to be towed away, any vehicle on any public street, public place or private property in the following circumstances: 1. When the motor vehicle is an accident involved motor vehicle; 2. When the motor vehicle is a hazardous vehicle; 3. When the motor vehicle is a derelict motor vehicle; 4. When the motor vehicle is a snow emergency obstruction; 5. When the motor vehicle is a street cleaning obstruction; 6. When the motor vehicle is a tree cutting obstruction; 7. When the motor vehicle is a street or sewer maintenance obstruction vehicle; 8. When the motor vehicle is a tow away zone obstruction vehicle; 9. When the motor vehicle is not operable due to the arrest of the owner or operator; 10. When the motor vehicle is an abandoned, lost or reported stolen vehicle; 11. When the motor vehicle is a reserved residential wheelchair bound obstruction vehicle; 12. When the vehicle is a nonmotorized obstruction vehicle; 13. When the motor vehicle is a wheel lock immobilized vehicle pursuant to police order; 14. When the vehicle is on private property and is parked there without consent of the property owner, proprietor, or agent of the property; provided: a) that signs posted on the property give notice that parking is prohibited, and b) that the person requesting the tow signs a statement 337 of 401 124-O-14 ~2~ that he/she is the owner, proprietor, or agent of the property and that he/she has authority to request the tow. 15. When the motor vehicle violates the provisions of Subsection 9-5-23(A)4 of this Code; 16. When the vehicle was reportedly used in the commission of a crime; 17. When a crime was reported, or is suspected to have occurred, within any part of the vehicle.; 18. When the motor vehicle is physically obstructing access to a fire hydrant. (B) The City Manager or his/her designee is hereby authorized to immediately tow, or cause to be towed away, any vehicle on any public street or public place when a temporary tow-away zone has been posted by the authority of the City with 48 hour notice. Such tow-away zones shall clearly indicate the temporary tow-away zone date and time. (C) The Chief of Police shall promulgate rules and regulations in the form of a special order for the implementation of this Chapter. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 338 of 401 124-O-14 ~3~ Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 339 of 401 For City Council meeting of January 26, 2015 Item A14 Ordinance 7-O-15, Residential Exemption Parking District ‘B’ For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/CFO Rickey A. Voss, Revenue/Parking Manager Subject: Ordinance 7-O-15, Residential Exemption Parking District ‘B’ Date: January 5, 2015 Recommended Action: Staff and the Transportation/Parking Committee recommend that the City Council adopt Ordinance 7-O-15. This ordinance was introduced at the January 12, 2015 City Council meeting. This ordinance amends the City Code, by: (1) Amending Section 10-11-10, Schedule X (C), Residential Exemption Parking District ‘B’ to remove Hinman Avenue (both sides, Lake Street to Clark Street) and to remove Church Street (both sides, Hinman Avenue to Judson Avenue); and (2) Creating Subsection 10-11-10, Schedule X (M): No person shall park a motor vehicle for a period of time longer than two (2) hours between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. on any day except Sunday and national holidays upon the designated streets or portions and to add Hinman Avenue (both sides, Lake Street to Clark Street) and to add Church Street (both sides, Hinman Avenue to Judson Avenue). Summary: In recent months there has been an increase in vehicles parked after 6:00 P.M. in Residential Exemption Parking District “B”. The concern is that employees of the business district just west of the area and others that seek free parking are using the area after 4:00 P.M. to park their vehicles, thus restricting access to those spaces to residents possessing a Residential Exemption Parking District ‘B’ Permit residing in the area. Staff conducted a five (5) day parking survey from the hours of 4:00 P.M. to 10:00 P.M. beginning on June 18, 2014 to determine the rate of occupancy. The survey area included 1400 – 1700 Hinman Avenue, 1400 – 1700 Judson Avenue, 300 – 400 Church Street and 200 – 400 Davis Street. The average occupancy for the entire survey area did not show a significant impact on occupancy (peak average 50%); however, the Memorandum 340 of 401 survey revealed that the average rate of occupancy during the week for Hinman Avenue was 76% with an average peak of 84% to 89% during six different two (2) hour periods. There were a total of 1,352 different plates captured during the survey: 130 (10%) registered to the survey area, 294 (22%) other Evanston, 149 (11%) out of state and 779 (57%) other Illinois. The amendment would extend the current two (2) hour parking restriction (without a permit) while maintaining the residential permit exemption for Residential Parking District ‘B’. Legislative History: The Transportation/Parking Committee recommended approval on December 17, 2014. Alderman Fiske supports the recommendation. ------------------------------------------------------------------------------------- Attachments: Ordinance 7-O-15 341 of 401 1/1/2015 7-O-15 AN ORDINANCE Amending City Code Section 10-11-10, Schedule X (C), And Adding Subsection 10-11-10 (M), Schedule X (M) To Include Two Hour Parking Limits Between 9:00 A.M. and 9:00 P.M. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: That Section 10-11-10, Schedule X (C) of the Evanston City Code of 2012, as amended , which limits parking on certain City streets to two (2)-hour periods between 9:00 a.m. and 6:00 p.m. on days other than Sundays and national holidays, is hereby further amended to remove the following: Church Street Both Sides, Chicago Avenue to Sheridan Road Hinman Avenue Both Sides, Lake Street to Clark Street SECTION 2: That Section 10-11-10, Schedule X (C) of the Evanston City Code of 2012, as amended , which limits parking on certain City streets to two (2)-hour periods between 9:00 a.m. and 6:00 p.m. on days other than Sundays and national holidays, is hereby further amended to add the following: Church Street Both Sides, Chicago Avenue to Hinman Avenue Church Street Both Sides, Judson Avenue to Sheridan Road SECTION 3: That Section 10-11-10 of the Evanston City Code of 2012, is hereby amended to add Subsection (M), Schedule X (M) as follows: SCHEDULE X (M) (M) No person shall park a motor vehicle for a period of time longer than two (2) hours between the hours of nine o'clock (9:00) A.M. and nine o'clock (9:00) P.M. on any day except Sunday and national holidays upon the designated streets or portions 342 of 401 7-O-15 ~2~ thereof: Church Street Both Sides, Hinman Avenue to Judson Avenue Hinman Avenue Both Sides, Lake Street to Clark Street 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 Complied Statues and the courts of the State of Illinois. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: 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 7: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 343 of 401 Administration & Public Works Committee January 26, 2015 Item APW1 Multi-Family Recycling Pilot For Discussion To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Subject: Multi-Family Recycling Pilot Date: January 14, 2015 Recommended Action: Staff recommends conducting a recycling pilot program aimed at increasing recycling in multi-family dwellings. Funding Source: Dumpsters and Labels Account 520.26.7690.62415 $10,000($30,000 budgeted) Account 520.26.7685.65625 $9,000($25,000 budgeted) Summary: Staff will present a pilot program that expands recycling to all multi-family dwellings located within the City’s Monday and Wednesday refuse route. The pilot will utilize existing personnel and equipment and repurpose the surplus as gallon refuse carts. In addition, recycling dumpsters will be purchased and placed at larger dwellings. City staff will monitor participation and recycling quantities each week. The pilot will run from February 15th to October 31, 2015. There will be no cost to participate in the pilot. Memorandum 344 of 401 Administration & Public Works Committee January 26, 2015 Item APW2 Treated Water Storage Report Summary For Discussion To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Treated Water Storage Report Summary Date: January 13, 2015 Recommended Action: Staff is requesting City Council consideration of the Utilities Department plan to: 1) prepare an RFP to hire a consultant for the rehabilitation of clearwells 1-4, and 2) prepare an RFP to select a consultant to provide the engineering services for a new 5 million gallon clearwell at or near the current location. Staff will bring recommendations to award these engineering services back to the City Council for approval before the actual engineering work would proceed. Background: Since 2010 the Utilities Department has completed concrete structural analysis on several structures at the water plant, including: • 1913 filters and clearwells (clearwells 1 & 2) • 1934 clearwell • 1948 sedimentation basins The concrete placed in 1913 is in fair to good condition, but repairs to existing cracks in the concrete are needed. The roof of the 1934 clearwell is in poor condition and should be replaced within 5 years. The concrete walls and floor of the 1934 reservoir need some repair, but are generally in good condition. The concrete structures placed in 1948 and later are in good condition, but should be inspected and repaired as needed every 5 years. On April 8, 2014 Council approved the award of a treated water storage planning study to CDM Smith. The goals of the study were: 1. Address deterioration found during structural inspections 2. Estimate remaining life of concrete structures based on condition and age 3. Confirm needed storage volume based on regulatory requirements and best practices Memorandum 345 of 401 4. Develop a comprehensive plan to maintain required storage volume over the next 50 years. CDM Smith provided their summary of findings in a report dated December 12, 2014 and is available on the City’s website at the following link: http://www.cityofevanston.org/utilities/plans_reports_brochures/Final%20Report%202014-12- 17.pdf Analysis: The CDM Smith report provided the following key findings: • Water storage capacity at the treatment plant and in the distribution system is appropriate • Improvements are needed to increase the usable storage within the existing structures • Additional treated water storage at the water plant would not be required for new wholesale water customers as long as the plant capacity remains at 108 mgd The report indicates that repairs to clearwells 1 through 4, constructed in 1913 and 1923, should be undertaken to repair cracks in the near future. Extensive repairs and replacement of these structures at this time is not practical since they are situated below the filters. The crack repairs are estimated to cost $470,000. Following the repairs, the clearwells should be inspected and repaired as needed every 5 years. The report indicates that these four clearwells will likely need replacement in 30 years, or in approximately 2045. Clearwells 5 through 8, constructed in 1948 and 1965, are in good condition. But since they are 50 years old, they should be inspected and repaired as necessary every five years. The concrete used when these structures were constructed is a better design, and if the proposed maintenance program is followed, the structures could last 120 years, or to approximately 2075. The majority of the 1934 structure is in good condition with the exception being the roof slab. The roof slab is in such poor condition that it must be replaced / rehabilitated within the next 5 years. No matter what method is selected, a permit would be required by the IEPA, and the IEPA would require the structure to be upgraded to meet current code regulations. Several alternatives for addressing this structure were reviewed: A. Remove and replace the roof slab at an estimated cost of $5,300,000 B. Rehabilitate the roof slab in place at an estimated cost of $4,400,000 C. Replace the structure near its existing footprint at an estimated cost of $19,000,000 D. Abandon existing structure and build a new structure on the east side of Sheridan Road at an estimated cost of $20,000,000 E. Abandon existing structure and build a new structure at Leahy Park at an estimated cost of $22,000,000 Based on these costs, alternative B, (rehabilitate the roof slab in place) or alternative C, (replace the structure near its existing footprint) were further considered. 346 of 401 The CDM Smith report also provided a life cycle cost analysis of the alternatives. The life cycle cost analysis indicates that at a discount rate of 5% the two alternatives are equal. The analysis also indicates that it is more cost effective to replace the structure than to rehabilitate the roof if a discount rate of less than 5% is utilized, and it is more cost effective to rehabilitate the roof slab than to replace the structure if the discount rate greater than 5% is utilized. Staff recommends that the 1934 structure be replaced near its existing footprint for the following reasons: • A discount rate of 5% or better is not feasible at this time; therefore the life cycle cost analysis indicates that it is more cost effective to replace the structure than to rehabilitate the roof slab. • There is a high probability that a low interest loan (2.5%), will be obtained from the IEPA revolving loan program to fund the project. • In accordance with the water supply agreement with the Northwest Water Commission, the new structure will be included in the calculation of the return on rate portion of their water rate. This rate increase will pay for 91% of the debt service on the IEPA loan. • Replacing the 1934 structure now will help to stagger the costs of replacing the treated water storage structures at the water plant. As proposed, the 1934 structure would be replaced in 2016, clearwells 1-4 would be replaced in 2045, and clearwells 5-8 would be replaced around 2075. Financial information: The cost to replace the reservoir in 2016 near its existing footprint is estimated to be $20,550,000 in 2016. A portion of this cost, $800,000, is associated with moving the structure slightly to the east at the request of Northwestern University and Northwestern University would have to pay this cost or the structure would go back at its current location. Therefore the cost to the City is $19,750,000. A twenty year loan from the IEPA at 2.5% interest rate would require a debt service payment of $1,267,000 annually or a total repayment of $25,340,000 over the 20 year period. Once this asset is added to the Commission’s return on rate calculation, the Commission will be paying approximately $1,200,000 annually as an additional return on rate charge. The exact amount the Commission pays varies from year to year as the asset value decreases due to depreciation but the replacement value increases due to inflation. However, during the 20 year debt service payment, the Commission will pay a total of $23,070,000 in the return on rate charge. The remaining debt service cost of $2,270,000 will be borne by Evanston and Skokie. Because the new asset will not be added to the Commission’s or Skokie’s rate calculation until after the first year’s debt service is due, Evanston will have to pay the entire debt service of $1,267,000 during 2017. However, for the remaining 19 years, Skokie will also be paying a return of rate charge for the new structure that will significantly reduce any debt service payment that the rate payers in Evanston will need to pay. As a result, no rate increase to the Evanston rate payers is needed. 347 of 401 The debt service payment in 2017 will be paid by Evanston. However, this amount will be available in the water fund due to a change in the Capital Improvement Program (CIP) for costs associated with this work. The current CIP shows a total of $26,100,000 for treated water storage needs. Based on this recommendation, the CIP can be reduced to $20,250,000, or a $5,850,000 reduction in estimated cost. Attachments: Memorandum from the Utilities Commission dated January 16, 2015 348 of 401 Date: January 26, 2015 To: City of Evanston APW Committee From: Utilities Commission Subject: Evanston Finished Water Storage Alternatives Reference: Report by CDMSmith, December 17, 2014 The Utilities Commission is pleased to make a recommendation on the subject study. The purpose of the Utilities Commission states: to protect and promote the public health, safety and welfare of the citizens, businesses and institutions of Evanston, it is necessary to participate in the planning and improvement of electrical, natural gas, telephone, water and sewer services in Evanston to insure reliable and competitive service. Of all the means for storage of finished water, the fate of the 81-year old 5 MG 1934 clearwell located under the NU parking lot south of Lincoln Street is the primary concern. Based on the needs assessment in Appendix A of the report, the city needs the 5 MG clearwell capacity to comply with regulatory standards and best practices. Of the five alternatives presented for repair or replacement, B (Rehabilitate Clearwell Roof in Place) and C (Replace Clearwell near Existing Footprint) are the most favorable based on the comparison of life-cycle cost over the range in discount rate considered. Repair is favored at higher discount rates and replacement is favored at lower discount rates. Since city financing will continue in the lower range and a low interest loan from the Illinois Environmental Protection Agency is likely, the Utilities Commission strongly believes that replacement is more favorable and will offer more competitive service to Evanston residents and water customers. Based on reliable service, the Utilities Commission recommends Alternative C, replacement for the following reasons: • The city will have a new state-of-the-art asset with a 100-year life, meeting all current standards and best practices. The supply of plentiful and safe water in Evanston is currently at some risk because of this one aged asset. • The city will not have to commit to the on-going inspection and repair at 5-year intervals if the roof is replaced (Alternative A) or the roof is overlain with a new structural roof (Alternative B). We strongly believe that reliable service will be assured long into the future for Evanston residents and water customers by replacement (Alternative C) and that the required 5-year maintenance and repair for either Alternatives A or B will place reliable service at risk. • With either roof replacement or a new structural roof, the city will face replacement of the entire asset after 30 years when the underlying structure is 110 years old. Reliable service is at greater risk as the age of the asset grows. The study also includes consideration of other finished water storage in the clearwells underneath the filtration basins. Clearwells 1 and 2 (101 years old) and clearwells 3 and 4 (92 years old) will also need to be replaced. However, replacement of these finished water clearwells 1 349 of 401 cannot be accomplished at the same time as the 81 year old clearwell – replacement must be staggered for reasons of financial capability and service continuity. Clearwells 1 through 4 have only 40% of the usable capacity of the 1934 clearwell. The Utilities Commission believes that it is prudent to perform some rehabilitation on the four older clearwells to extend their useful life while design of the replacement of the 1934 clearwell is underway. After replacement of the 1934 clearwell is complete and reduction of the debt has occurred, replacement of clearwells 1 through 4 can be accomplished. An important financial aspect to consider is that replacement of a major asset, such as the 1934 clearwell, is included in the return on rate charge under the current contract with the Northwest Water Commission. Under the city’s contract with the NWC, part of the cost of financing the replacement of the 1934 clearwell will be shared by the NWC. There is 20 years remaining on the contract with the NWC, so it is advantageous to incur the cost of replacement of a major asset now, as opposed to later after contract termination. By Richard Lanyon, Chair On behalf of the Utilities Commission 2 350 of 401 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, January 26, 2015 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN FISKE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF JANUARY 12, 2015 III. ITEMS FOR CONSIDERATION (P1) Ordinance 13-O-15, Granting Zoning Relief for an Open Parking Space in the Front Yard at 521 Ridge Avenue The Zoning Board of Appeals recommends the adoption of Ordinance 13-O-15 granting zoning relief to establish one open parking space in the front yard at 521 Ridge Avenue. City staff recommends that if City Council chooses to approve the zoning relief, a condition be imposed for the removal of the extraneous curb cut and driveway apron on Elmwood Avenue. For Introduction (P2) Ordinance 12-O-15, Granting a Special Use for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 12-O-15 granting a special use permit for a Type 2 Restaurant, Clucker’s Charcoal Chicken, in the B1 Business District. For Introduction (P3) Ordinance 152-O-14, Amending Hotel-Motel Tax to Add Bed and Breakfast Establishments Staff submits at request of Alderman Fiske consideration of Ordinance 152-O-14 which expands the type of accommodations subject to the Hotel-Motel Tax. For Introduction IV. ITEM FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 351 of 401 Planning & Development Committee Meeting Minutes of January 12, 2015 7:15 p.m. Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, J. Grover, D. Holmes, A. Rainey, M. Tendam D. Wilson, M. Wynne STAFF PRESENT: M. Masoncup, M. Muenzer, B. Newman PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 7:21 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF DECEMBER 8, 2014 Ald. Wynne moved to approve the minutes of the December 8, 2014 meeting, seconded by Ald. Grover. The Committee voted unanimously 6-0 to approve the December 8, 2014 minutes. Ald. Tendam had not yet arrived at the meeting. III. ITEMS FOR CONSIDERATION (P1) Ordinance 3-O-15, Granting a Special Use for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, at 1241 Chicago Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 3-O- 15 granting a special use permit for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction Ald. Wynne moved to introduce Ordinance 3-O-15, seconded by Ald. Holmes. Ald. Wilson said they are looking forward to having Jimmy John’s in the 3rd Ward. The Committee voted unanimously 6-0 to introduce Ordinance 3-O-15. (P2) Ordinance 154-O-14 Zoning Ordinance Text Amendment Amendment to Chapter 16 Off-street Parking and Loading Regarding Parking Requirements for Increased Residential Density The Plan Commission and staff recommend adoption of Ordinance 154-O-14 to modify Chapter 16 Off-street Parking and Loading to establish parking requirements for increase in residential density (number of dwelling units) on a property. For Introduction Ald. Rainey moved to introduce Ordinance 154-O-14, seconded by Ald. Holmes. DRAFT – NOT APPROVED 352 of 401 Planning & Development Committee Meeting Minutes of January 12, 2015 Page 2 of 2 Mark Muenzer, Director of Community Development, explained that currently if a property owner increases the number of residential units but not the size of the building, the number of parking spaces is not required to increase. The amendment would require the owner to comply with parking requirements for the number of units, regardless of whether the building mass increased. Ald. Rainey noted that there are property owners who need to increase the number of units for income purposes and this could cause a hardship for them, to which Mr. Muenzer replied that they could apply for a variance. Ald. Rainey said the amendment was not well-thought out and is narrowly focused. Ald. Tendan arrived at the meeting. The Committee voted 6-1 with Ald. Rainey opposed, to introduce Ordinance 154-O-14. Chair Fiske asked the public who wished to speak to the podium. Betty Ester, of 2031 Church Street, said she would like to have a community meeting about the West Evanston Master Plan before Phase 2 is implemented. She said the City has not fulfilled its promise to the community regarding affordable housing and other components of the plan. Ms. Ester will contact Ald. Holmes about her concerns. Ald. Holmes mentioned that she received many complaints over the holidays about illegally parked cars blocking walkways, making it difficult for handicap access. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Holmes moved to adjourn, seconded by Ald. Tendam. The Committee voted unanimously 7-0 to adjourn. The meeting was adjourned at 7:35 p.m. Respectfully submitted, Bobbie Newman 353 of 401 For City Council meeting of January 26, 2015 Item P1 Ordinance 13-O-15: Application for Open Parking Space in the Front Yard at 521 Ridge Avenue For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Zoning Intern Subject: Ordinance 13-O-15, Granting Zoning Relief for an Open Parking Space in the Front Yard at 521 Ridge Avenue Date: January 14, 2015 Recommended Action The Zoning Board of Appeals recommends the adoption of Ordinance 13-O-15 granting zoning relief to establish one open parking space in the front yard at 521 Ridge Avenue. City staff recommends that if City Council chooses to approve the zoning relief, a condition be imposed for the removal of the extraneous curb cut and driveway apron on Elmwood Avenue. The applicant has complied with all other zoning requirements, and the ZBA found the proposal meets the standards for variances in the R1 District. Summary 521 Ridge Avenue is located on the east side of Ridge Avenue between South Boulevard and Oakton Street in the R1 Single Family Residential District and is surrounded by similar residential uses. The property features a single-family residence on a through lot that borders Ridge Avenue to the front and Elmwood Avenue to the rear. A 2-car detached garage is located at the rear of the property off of Elmwood Avenue approximately 175 feet from the rear of the house. An extraneous curb cut and driveway apron exist next to the detached garage, likely from a barn that existed on the property many years ago. The applicants propose to establish one open parking space in the front yard. The parking space will be located near the front of the house, set back approximately 53 feet from the property line and partially hidden from view by a mature pine tree. A new curb cut and asphalt driveway off of Ridge Avenue will lead to a parking pad that also serves as a turn-around to avoid backing out onto Ridge. Memorandum 354 of 401 The proposed parking space is intended be a temporary parking location for unloading and guest vehicles. The existing detached garage at the rear of the property off of Elmwood Avenue is approximately 175 feet from the house and features a moderate grade change throughout the yard. The applicants believe the walk from the garage to the house will become arduous as they age, especially given the grade change. The applicants also believe the grade change makes it difficult to construct a driveway off of Elmwood through the rear yard up to the first-floor level of the house. The applicants do not intend to use the parking space for overnight parking of their own vehicles. The applicants are working with adjacent neighbors to address any potential concerns such as vehicle headlights shining toward other properties. City staff has not received any letters of objection to the proposal. Neighborhood Benefit Many properties in this area feature driveways onto Ridge Avenue due to a lack of alley access, though 521 Ridge does feature alternative access via Elmwood Avenue. Careful consideration should be given as to whether an additional curb cut on Ridge Avenue for the proposed parking space would be a safety hazard to the high traffic volume on Ridge and therefore cause a negative effect on the surrounding neighborhood. Comprehensive Plan The Evanston Comprehensive General Plan notes consideration of the effect of housing on the quality of neighborhoods and surrounding areas, and the importance of guiding changes to housing. The Comprehensive General Plan specifically includes: Objective: Maintain the appealing character of Evanston’s neighborhoods while guiding their change. Objective: Recognize the effect of housing on the quality of neighborhoods. The requested zoning relief for one open parking space in the front yard would allow the property owners, who have resided at the property for over 40 years, the convenience of an at-grade unloading and parking area with easy access to the home as they age. Legislative History January 6, 2015: The ZBA recommended 5-2 approval of the requested variances with the following conditions: 1. Remove the extraneous curb cut and driveway apron off of Elmwood Avenue. 2. The project must be within substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 13-O-15 January 6, 2015 ZBA Draft Meeting Minutes 355 of 401 ZBA Findings January 6, 2015 ZBA Packet- http://www.cityofevanston.org/assets/01.06.15%20ZBA%20Packet.pdf 356 of 401 1/12/2015 13-O-15 AN ORDINANCE Granting Major Variations Related to 521 Ridge Avenue in the R1 Single-Family Residential Zoning District WHEREAS, Kenneth Hazlett (the “Applicant”), architect of the property commonly known as 521 Ridge Avenue (the “Subject Property”), located within the R1 Single-Family Residential zoning district and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations to zoning requirements imposed by Subsections 6-4-6-3-B-18, 6-8- 2-8-A-1, and 6-16-2-1-C-1 of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variations: (A) The Applicant requests an open parking space that is not within thirty feet (30’) of the rear property line where open parking is only permitted within thirty feet (30) of a rear property line; (B) The Applicant requests open parking in the front yard where open parking is prohibited; (C) The Applicant requests open parking in front of the principal structure where open parking is prohibited; and WHEREAS, on January 6, 2015, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 14ZMJV-0156 to consider the application, received testimony, and made written records and findings that the 357 of 401 13-O-15 ~2~ application did meet the standards for Major Variations set forth in Subsection 6-3-8-12- (E) of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of January 26, 2015, the Planning and Development (“P&D”) Committee of the City Council considered and accepted the ZBA’s recommendation, and recommended City Council approve the Major Variations, as requested; and WHEREAS, at its meetings of January 26, 2015 and February 9, 2015, the City Council considered and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 14ZMJV-0156 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) Approval to allow an open parking space that is not within thirty feet (30’) of the rear property line. Subsection 6-4-6-3-B-18 permits open parking only within thirty feet (30’) of a rear property line. (B) Approval to allow open parking in the front yard. Subsection 6-8-2-8-A-1 prohibits open parking in the front yard. (C) Approval to allow open parking in front of the principal structure. Subsection 6- 16-2-1-C-1 prohibits open parking in front of the principal structure. 358 of 401 13-O-15 ~3~ SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Curb Cut and Driveway Apron: The Applicant must remove the extraneous curb cut and driveway apron along Elmwood Avenue. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 359 of 401 13-O-15 ~4~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 360 of 401 13-O-15 ~5~ EXHIBIT A Legal Description LOT 2 IN INGLEHART’S ADDITION TO EVANSTON, A SUBDIVISION OF 12.50 ACRES IN THE SOUTHWEST ¼ OF SECTION 19, EAST OF RIDGE ROAD, KNOWN AS LOTS 5 TO 7 OF ASSESSOR’S DIVISION, BY G.M. HUNTOON, A PLAT OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-19-327-004-0000 Commonly Known As: 521 Ridge Avenue, Evanston, Illinois 361 of 401 Page 1 of 5 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, January 6, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Beth McLennan, Andrew Gallimore, Myrna Arevalo, Scott Gingold Members Absent: Staff Present: Melissa Klotz, Mario Treto, Lorrie Pearson Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:05 pm. Approval of Minutes The minutes from the December 16, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Mr. Gallimore. The motion was approved 5-0, 1 member abstained. New Business 2524 Cowper Avenue ZBA 14ZMJV-0152 Vince Weber, architect, applies for major zoning relief to convert an existing one-car attached garage into livable space with an addition, and construct a one-story mudroom addition and two- car detached garage. The applicant requests 36.4% building lot coverage where a maximum 30% is allowed (Zoning Code Section 6-8-2-7), a 26.2’ front yard setback where 27’ is required (Zoning Code Section 6-8-2-8-A-1), and a 2.9’ north interior side yard setback where 5’ is required (Zoning Code Section 6-8-2-8-A-3). The Zoning Board of Appeals is the determining body for this case. . Ms. Klotz read the case into the record. Vince Weber, architect, explained the proposal: • Owners have resided there since 2007 • More living space is needed (home office, music room, and storage space) • Want to be able to protect car from weather elements; existing garage can’t fit any cars with a lawnmower, etc. • Wish to remove driveway for greener front yard • Substandard lot size • Parking will become compliant with new 2-car detached garage instead of existing 1-car attached garage • All nearby properties have rear garages • Meets all the Standards Jason Hecker, owner, further explained the proposal: • Want to stay in home, but need more living space • Neighbors to the north and south have no objections Ms. Berns asked if an impervious surface variance was necessary. Ms. Klotz answered that the variance had been revised out of the application. The impervious surface coverage percentage 362 of 401 Page 2 of 5 Zoning Board of Appeals will remain the same by removing the driveway and using pavers for the walkways. The zoning analysis provided in the packet is outdated. Chair Rodgers inquired as to what was currently on top of the garage. Mr. Weber answered that a roof deck with bedroom accessibility was located there and stated the door would be replaced with an egress window. Ms. Berns asked why the proposed garage roof line is higher than the mudroom roof. Mr. Weber noted that there is a step down to mudroom level. The ZBA entered into deliberations. Ms. McLennan stated her approval of the proposal since the impervious surface coverage is not increasing. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Pervious pavers required for rear walk. 2. Driveway and apron must be removed. The motion was seconded by Ms. Cullen and approved 7-0. 1936 Maple Avenue ZBA 14ZMJV-0155 Reed Merdinger, potential lessee, applies for a special use permit for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue. 1936 Maple Avenue is located in the B1 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Reed Merdinger, potential lessee, explained the proposal: • Upscale fast casual • Charcoal-grilled healthy product • Like location because near campus • Anticipate 40% delivery, 5%pickup (which is why it is considered a Type-2) • Employees/deliveries will use on-site lot and Northwestern University parking lot • Hours of operation: 11 a.m. to 11 p.m. • Most employees will use public transit • Maximum of 8-10 employees per shift • Truck deliveries to occur in rear parking lot between 8-10 a.m., 2-3 times per week • Agree to Litter Collection Plan • Plan to eventually obtain liquor license • Will use existing black iron venting Mr. Gingold stated that he wanted to condition that employees cannot park on the street, to which the rest of the ZBA agreed. 363 of 401 Page 3 of 5 Zoning Board of Appeals Luke Farrin, adjacent property owner, stated that his garage abuts the alley and it can be difficult to maneuver during the winter. Mr. Merdinger responded that the deliveries will not take long. If deliveries conflict with when Mr. Farrin exits his residential garage, they can work it out. The ZBA entered into deliberations. Ms. Berns noted that hours of operation should be somewhat limited due to the close proximity of residential uses. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Hours of Operation: 9 a.m. to 11 p.m., 7 days a week 2. Employees may not park on the street. 3. Must comply with Litter Collection and Garbage Pick-Up Plans 4. The project must be in substantial compliance of the documents and testimony on record The motion was seconded by Ms. McLennan and approved 7-0. 521 Ridge Avenue ZBA 14ZMJV-0156 Kenneth Hazlett, architect, applies for major zoning relief to establish one open parking space in the front yard. The applicant requests an open parking space that is not within 30’ of the rear property line where open parking is only permitted within 30’ of a rear property line (Zoning Code Section 6-4-6-3-B-18), open parking in the front yard where open parking is prohibited (Zoning Code Section 6-8-2-8-A-1), and open parking in front of the principal structure where open parking is prohibited (Zoning Code Section 6-16-2-1-C-1). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Ken Hazlett, architect, explained the proposal: • Huge grade change from rear yard, which is a very long yard • Just want a front yard drop off place; not meant to act as a permanent parking space • Considered running driveway up from the back of the property, but it would end up 1- story lower than the house and would require stairs. Need accessible entrance because they plan to live in the house as the owners age. Harold Gerber, owner, further explained the proposal: • Front parking would only be for dropping off purposes • Very difficult for elderly friends who visit the property • Discussed project with neighbors and will address any concerns that may arise Pater Canberres, concerned citizen, asked what concerns have been raised amongst neighbors. Mr. Gerber responded that headlights shining into neighbor’s kitchen to the north are a concern, so they are installing a solid wall/fence to mediate. There will be no overnight parking except for occasional guests. 364 of 401 Page 4 of 5 Zoning Board of Appeals Mr. Canberres asked if other properties north of Oakton have 2 curb cuts. Chair Rodgers stated that some properties do, others might have circular drives. Ms. Klotz noted that a circular drive is not allowed at this property due to inadequate lot width. Chair Rodgers asked if there was a parking space in the rear next to the garage. Mr. Gerber said the space was left over from many years ago when the property had a barn. The ZBA entered into deliberations. Ms. Berns noted that the hardship sounds like it was created by the owner. Ms. McLennan asked if the curb cut onto Ridge Avenue would be okay. Ms. Klotz responded that a curb cut off the alley is preferred, but not an option. The Public Works representative at the DAPR meeting had no concerns since the car will turn around and not have to back out on to Ridge. Mr. Gingold noted that this lot is unique and that the hardship was not created by the owner. Chair Rodgers stated that this property has good access off of Elmwood Avenue with plenty of space for parking not located in the front yard. Mr. Gingold noted that front yard parking on Ridge is common, to which Chair Rodgers countered that this was true for houses with no other access. This property has access off of Elmwood. Mr. Gallimore noted that the +150’ walk from the garage creates a hardship as the owners age. Ms. Berns asked Mr. Gallimore if he would feel the same way if the owners were young, to which he responded, yes, no matter what age that is a long walk to unload items. Ms. Cullen noted that locating the garage closer to shorten the walk would add a lot of pavement to the backyard. The Standards were addressed: 1. Yes 2. Yes-Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns 3. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns 4. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen, Rodgers No-Berns 5. Yes 6. Yes 7. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Remove old, extraneous curb cut off of Elmwood Avenue. 2. The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Mr. Gallimore and approved 5-2. Election of ZBA Vice Chair. Mr. Gingold motioned to appoint Ms. McLennan to ZBA Vice Chair. The motion was seconded by Ms. Cullen and approved 7-0. Ms. Klotz reminded the Board that the next ZBA meeting will take place in Room 2200. 365 of 401 Page 5 of 5 Zoning Board of Appeals The meeting adjourned at 8:35 p.m. 366 of 401 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on January 6, 2015, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for major variances specified in Section 6-4-6-3-B- 18, Section 6-8-2-8-A-1, and Section 6-16-2-1-C-1 of the Zoning Ordinance: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 7-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 5-2 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 5-2 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be ___X___Met _____Not Met 6-1 Case Number: 14ZMJV-0156 Address or Location: 521 Ridge Avenue Applicant: Kenneth Hazlett Proposed Special Use: Open Parking Space in the Front Yard 367 of 401 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 carried out; (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 7-0 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 7-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 5-2 and, based upon these findings, and upon a vote __5__ in favor & __2__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Remove the old, extraneous curb cut off of Elmwood Avenue. 2. The project must be in substantial compliance of the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair Attending: Vote: Aye No ___X__ Mary Beth Berns _____ _X__ ___X___ Myrna Arevalo __X__ ____ ___X___ Scott Gingold __X__ ____ 368 of 401 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers _____ _X__ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 369 of 401 For City Council meeting of January 26, 2015 Item P2 Ordinance 12-O-15: Special Use for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Zoning Intern Subject: Ordinance 12-O-15, Granting a Special Use for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue Date: January 13, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 12- O-15 granting a special use permit for a Type 2 Restaurant, Clucker’s Charcoal Chicken, in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. Summary 1936 Maple Avenue is located on the west side of Maple Avenue, midblock between Foster Street and Garnett Place in the B1 Business District, and is surrounded by similar commercial uses as well as residential uses. The applicant proposes to operate Clucker’s Charcoal Chicken, a Type 2 Restaurant, offering fast-casual dining and a substantial amount of delivery service. Pending approval of a liquor license, beer and wine will also be available to customers. The applicant currently owns and operates a Clucker’s Charcoal Chicken in Highwood, Illinois. Clucker’s Charcoal Chicken intends to operate from 11 a.m. to 11 p.m. seven days a week. Seating will accommodate approximately 26 seated patrons. Sixteen parking spaces are located on-site for all uses within the building. The applicant anticipates the restaurant will feature 8-10 employees per shift, and most employees will utilize public transportation or walk to work. Deliveries to the restaurant will occur at the rear of the building via the alley between 8 a.m. and 10 a.m. two to three times per week. Vehicles that deliver to customers will either park on-site or in the Northwestern parking lot across the street. The applicant expects 40% of business to be delivery. Memorandum 370 of 401 New signage will be added to the exterior. No other exterior modifications are proposed. The applicant has agreed to follow the Litter Collection and Garbage Pickup Plan. One adjacent property owner raised concerns about delivery trucks blocking access to his garage that is just north of the subject property off of the alley. The applicant committed to working with the adjacent property owner to ensure deliveries do not interfere with the garage access. Neighborhood Benefit The neighborhood will benefit from having a well-established, health-conscious business that will enhance the surrounding area by occupying a currently underutilized commercial space and encourage economic revitalization. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of existing spaces along existing commercial corridors that can add sales tax revenue and encourage vibrant business districts. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Clucker’s Charcoal Chicken will utilize the restaurant space that is currently vacant and was previously occupied by Café Mud, and will encourage pedestrian activity and economic revitalization in the surrounding business district. Legislative History January 6, 2015: The ZBA recommended unanimous approval of the special use permit for a Type 2 Restaurant with the following conditions: 1. Hours of Operation between 9 a.m. and 11 p.m., 7 days a week 2. Employees may not park on the street 3. Must comply with Litter Collection and Garbage Pick-Up Plans 4. The project must be in substantial compliance of the documents and testimony on record Attachments Proposed Ordinance 12-O-15 January 6, 2015 ZBA Draft Meeting Minutes ZBA Findings January 6, 2015 ZBA Packet - http://www.cityofevanston.org/assets/01.06.15%20ZBA%20Packet.pdf 371 of 401 1/12/2015 12-O-15 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1936 Maple Avenue in the B1 Business District (“Clucker’s Charcoal Chicken”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on January 6, 2015, pursuant to proper notice, to consider case no. 14ZMJV-0155, an application filed by Reed Merdinger, potential lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1936 Maple Avenue (the “Subject Property”) and located in the B1 Business District, for a Special Use Permit to establish, pursuant to Subsection 6-9-2-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Clucker’s Charcoal Chicken,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of January 26, 2015, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 14ZMJV-0155; and 372 of 401 12-O-15 ~2~ WHEREAS, at its meetings of January 26, 2015 and February 9, 2015, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 14ZMJV- 0155. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. 373 of 401 12-O-15 ~3~ C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 9:00 a.m. and 11:00 p.m., seven days a week. D. Employee Parking: Employees shall not park on the street during hours of operation. E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 374 of 401 12-O-15 ~4~ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 375 of 401 12-O-15 ~5~ EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE SOUTH 30 FEET OF LOTS 45, 46, 47, AND 48 IN J.B. HOBB’S SUBDIVISION OF PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, W EST OF RIDGE AVENUE OR GREEN BAY ROAD, IN COOK COUNY, ILLINOIS. PARCEL 2: THE NORTH 80 FEET OF LOTS 45, 46, 47 AND 48 IN J.B. HOBB’S SUBDIVISION OF PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, W EST OF RIDGE AVENUE OR GREEN BAY ROAD, IN COOK COUNTY, ILLINOIS. PINs: 11-18-107-044-0000 COMMONLY KNOWN AS: 1936 Maple Avenue, Evanston, Illinois. 376 of 401 Page 1 of 5 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, January 6, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Beth McLennan, Andrew Gallimore, Myrna Arevalo, Scott Gingold Members Absent: Staff Present: Melissa Klotz, Mario Treto, Lorrie Pearson Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:05 pm. Approval of Minutes The minutes from the December 16, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Mr. Gallimore. The motion was approved 5-0, 1 member abstained. New Business 2524 Cowper Avenue ZBA 14ZMJV-0152 Vince Weber, architect, applies for major zoning relief to convert an existing one-car attached garage into livable space with an addition, and construct a one-story mudroom addition and two- car detached garage. The applicant requests 36.4% building lot coverage where a maximum 30% is allowed (Zoning Code Section 6-8-2-7), a 26.2’ front yard setback where 27’ is required (Zoning Code Section 6-8-2-8-A-1), and a 2.9’ north interior side yard setback where 5’ is required (Zoning Code Section 6-8-2-8-A-3). The Zoning Board of Appeals is the determining body for this case. . Ms. Klotz read the case into the record. Vince Weber, architect, explained the proposal: • Owners have resided there since 2007 • More living space is needed (home office, music room, and storage space) • Want to be able to protect car from weather elements; existing garage can’t fit any cars with a lawnmower, etc. • Wish to remove driveway for greener front yard • Substandard lot size • Parking will become compliant with new 2-car detached garage instead of existing 1-car attached garage • All nearby properties have rear garages • Meets all the Standards Jason Hecker, owner, further explained the proposal: • Want to stay in home, but need more living space • Neighbors to the north and south have no objections Ms. Berns asked if an impervious surface variance was necessary. Ms. Klotz answered that the variance had been revised out of the application. The impervious surface coverage percentage 377 of 401 Page 2 of 5 Zoning Board of Appeals will remain the same by removing the driveway and using pavers for the walkways. The zoning analysis provided in the packet is outdated. Chair Rodgers inquired as to what was currently on top of the garage. Mr. Weber answered that a roof deck with bedroom accessibility was located there and stated the door would be replaced with an egress window. Ms. Berns asked why the proposed garage roof line is higher than the mudroom roof. Mr. Weber noted that there is a step down to mudroom level. The ZBA entered into deliberations. Ms. McLennan stated her approval of the proposal since the impervious surface coverage is not increasing. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Pervious pavers required for rear walk. 2. Driveway and apron must be removed. The motion was seconded by Ms. Cullen and approved 7-0. 1936 Maple Avenue ZBA 14ZMJV-0155 Reed Merdinger, potential lessee, applies for a special use permit for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue. 1936 Maple Avenue is located in the B1 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Reed Merdinger, potential lessee, explained the proposal: • Upscale fast casual • Charcoal-grilled healthy product • Like location because near campus • Anticipate 40% delivery, 5%pickup (which is why it is considered a Type-2) • Employees/deliveries will use on-site lot and Northwestern University parking lot • Hours of operation: 11 a.m. to 11 p.m. • Most employees will use public transit • Maximum of 8-10 employees per shift • Truck deliveries to occur in rear parking lot between 8-10 a.m., 2-3 times per week • Agree to Litter Collection Plan • Plan to eventually obtain liquor license • Will use existing black iron venting Mr. Gingold stated that he wanted to condition that employees cannot park on the street, to which the rest of the ZBA agreed. 378 of 401 Page 3 of 5 Zoning Board of Appeals Luke Farrin, adjacent property owner, stated that his garage abuts the alley and it can be difficult to maneuver during the winter. Mr. Merdinger responded that the deliveries will not take long. If deliveries conflict with when Mr. Farrin exits his residential garage, they can work it out. The ZBA entered into deliberations. Ms. Berns noted that hours of operation should be somewhat limited due to the close proximity of residential uses. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Hours of Operation: 9 a.m. to 11 p.m., 7 days a week 2. Employees may not park on the street. 3. Must comply with Litter Collection and Garbage Pick-Up Plans 4. The project must be in substantial compliance of the documents and testimony on record The motion was seconded by Ms. McLennan and approved 7-0. 521 Ridge Avenue ZBA 14ZMJV-0156 Kenneth Hazlett, architect, applies for major zoning relief to establish one open parking space in the front yard. The applicant requests an open parking space that is not within 30’ of the rear property line where open parking is only permitted within 30’ of a rear property line (Zoning Code Section 6-4-6-3-B-18), open parking in the front yard where open parking is prohibited (Zoning Code Section 6-8-2-8-A-1), and open parking in front of the principal structure where open parking is prohibited (Zoning Code Section 6-16-2-1-C-1). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Ken Hazlett, architect, explained the proposal: • Huge grade change from rear yard, which is a very long yard • Just want a front yard drop off place; not meant to act as a permanent parking space • Considered running driveway up from the back of the property, but it would end up 1- story lower than the house and would require stairs. Need accessible entrance because they plan to live in the house as the owners age. Harold Gerber, owner, further explained the proposal: • Front parking would only be for dropping off purposes • Very difficult for elderly friends who visit the property • Discussed project with neighbors and will address any concerns that may arise Pater Canberres, concerned citizen, asked what concerns have been raised amongst neighbors. Mr. Gerber responded that headlights shining into neighbor’s kitchen to the north are a concern, so they are installing a solid wall/fence to mediate. There will be no overnight parking except for occasional guests. 379 of 401 Page 4 of 5 Zoning Board of Appeals Mr. Canberres asked if other properties north of Oakton have 2 curb cuts. Chair Rodgers stated that some properties do, others might have circular drives. Ms. Klotz noted that a circular drive is not allowed at this property due to inadequate lot width. Chair Rodgers asked if there was a parking space in the rear next to the garage. Mr. Gerber said the space was left over from many years ago when the property had a barn. The ZBA entered into deliberations. Ms. Berns noted that the hardship sounds like it was created by the owner. Ms. McLennan asked if the curb cut onto Ridge Avenue would be okay. Ms. Klotz responded that a curb cut off the alley is preferred, but not an option. The Public Works representative at the DAPR meeting had no concerns since the car will turn around and not have to back out on to Ridge. Mr. Gingold noted that this lot is unique and that the hardship was not created by the owner. Chair Rodgers stated that this property has good access off of Elmwood Avenue with plenty of space for parking not located in the front yard. Mr. Gingold noted that front yard parking on Ridge is common, to which Chair Rodgers countered that this was true for houses with no other access. This property has access off of Elmwood. Mr. Gallimore noted that the +150’ walk from the garage creates a hardship as the owners age. Ms. Berns asked Mr. Gallimore if he would feel the same way if the owners were young, to which he responded, yes, no matter what age that is a long walk to unload items. Ms. Cullen noted that locating the garage closer to shorten the walk would add a lot of pavement to the backyard. The Standards were addressed: 1. Yes 2. Yes-Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns 3. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns 4. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen, Rodgers No-Berns 5. Yes 6. Yes 7. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Remove old, extraneous curb cut off of Elmwood Avenue. 2. The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Mr. Gallimore and approved 5-2. Election of ZBA Vice Chair. Mr. Gingold motioned to appoint Ms. McLennan to ZBA Vice Chair. The motion was seconded by Ms. Cullen and approved 7-0. Ms. Klotz reminded the Board that the next ZBA meeting will take place in Room 2200. 380 of 401 Page 5 of 5 Zoning Board of Appeals The meeting adjourned at 8:35 p.m. 381 of 401 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on January 6, 2015, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-9-2-3 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 7-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 7-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 7-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 7-0 Case Number: 14ZMJV-0155 Address or Location: 1936 Maple Avenue Applicant: Reed Merdinger Proposed Special Use: Restaurant-Type 2, Clucker’s Charcoal Chicken, in B1 District 382 of 401 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 7-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 7-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 7-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 7-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 7-0 and, based upon these findings, and upon a vote __7__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Hours of Operation between 9 a.m. and 11 p.m., 7 days a week. 2. Employees may not park on the street. 3. Litter Collection and Garbage Plan 4. The project must be in substantial compliance of the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair 383 of 401 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 384 of 401 For City Council meeting of January 26, 2014 Item P3 Ordinance 152-O-14: Amending Hotel-Motel Tax to Add B&Bs For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: W. Grant Farrar, Corporation Counsel Marty Lyons, Assistant City Manager/Treasurer Subject: Ordinance 152-O-14, Amending Hotel-Motel Tax to Add Bed and Breakfast Establishments Date: January 15, 2015 Recommended Action: Staff submits for consideration Ordinance 152-O-14 which expands the type of accommodations subject to the Hotel-Motel Tax. Summary: The amendments within Ordinance 152-O-14 extend the City’s Hotel-Motel Tax regulations to Bed and Breakfast Establishment transactions as well. The amendments provided herein adds a definition for “Bed and Breakfast Establishment”, which is the exact language from City Code Section 8-19-1 “Bed and Breakfast Establishments” and amends the associated paragraphs within Section 3-2-4 to expand the Hotel-Motel Tax to encompass bed and breakfast establishments. To date, there is one licensed bed and breakfast establishment (303 Church Street) in the City. Legislative History: Alderman Judy Fiske made a referral recently to the Planning and Development Committee for review and consideration of extending the Hotel-Motel Tax to Bed and Breakfast Establishments. ------------------------------------------------------------------------------------- Attachment: Ordinance 152-O-14 Memorandum 385 of 401 11/24/2014 152-O-14 AN ORDINANCE Amending City Code Section 3-2-4 to Add Bed and Breakfast Establishments as an Additional Accommodation within the Purview of the Taxing Authority of the Current Hotel-Motel Tax NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-2-4 “Hotel-Motel Tax” of the Evanston City Code, 2012, as amended, is hereby re-titled and amended to read as follows: 3-2-4. – HOTEL - , MOTEL AND BED AND BREAKFAST TAX 3-2-4-1. - DEFINITIONS. (A) “Bed and Breakfast Establishment”, as provided in Section 8-19-1 of the City Code, shall mean and refer to an owner-occupied, single-family or two-family dwelling providing accommodations for a charge to the public with no more than five (5) guest rooms for rent, in operation more than ten (10) nights in a twelve (12) month period. Only the breakfast meal may be provided to registered guests. The service of food to the public for a charge is otherwise prohibited. Bed and Breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments. (A) (B) "Hotel" and "motel" shall mean and refer to every building or structure kept, used, maintained, advertised and held out to the public to be a place where lodging or lodging and food, or apartments, or suites, or other accommodations are offered for a consideration to guests, in which ten (10) or more rooms, apartments or suites, or other accommodations are used for the lodging or lodging and food for such guests. A building or structure, such as a convention center, or executive conference facility, not open to the public but otherwise meeting the criteria set forth in the previous sentence, shall be subject to the hotel-motel tax. (B) (C) "Operator" shall mean and refer to persons engaged in the business of selling or reselling the right to occupy hotel, motel or bed and breakfast accommodations, whether online, in person or otherwise to the public. (C) (D) "Person" means any natural person, receiver, administrator, executor, conservator, assignee, trust in perpetuity, trust, estate, firm, co-partnership, joint venture, 386 of 401 152-O-14 ~2~ club, company, business trust, domestic or foreign corporation, association, syndicate, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise. Whenever the term "person" is used in any clause prescribing and imposing a penalty, the term as applied to associations shall mean the owners or part-owners thereof, and as applied to corporations shall mean the officers thereof. 3-2-4-2. - TAX IMPOSED. A tax is hereby levied and imposed upon the use and privilege of renting, leasing, or letting of rooms in a motel, bed and breakfast establishment or hotel in the City at a rate of seven and one-half percent (7.5%) of the gross rental receipts from such rental, leasing or letting. The ultimate incidence of, and liability for, payment of said tax shall be borne by the user, lessee or tenant of said rooms. The tax herein levied shall be in addition to any and all other taxes. It shall be the duty of every owner, manager, and/or operator of hotel, bed and breakfast establishment or motel accommodations to secure said tax from the user, lessee or tenant of the hotel, bed and breakfast establishment or motel accommodations and issue payment to the City. 3-2-4-3. - PAYMENT AND COLLECTION. The owner and operator of each hotel, bed and breakfast establishment or motel and the person to whom the license to operate said hotel, bed and breakfast establishment or motel shall have been issued by the City, shall bear, jointly and severally, the duty to collect the tax from each user, lessee or tenant of rooms in such hotel, bed and breakfast establishment or motel. Every person required to collect the tax levied by ordinance shall secure said tax from the user, lessee or tenant of a room or rooms at the time that he/she collects the price, charge or rent to which it applies. 3-2-4-4. - ADMINISTRATION AND ENFORCEMENT. The City Manager or his/her designee is hereby designated as the administration and enforcement officer of the tax hereby imposed on behalf of the City. It shall be the responsibility and duty of the City Manager or his/her designee to collect all amounts due the City from the owners, operators and licensees of motels, bed and breakfast establishments and hotels within the City. A sworn quarterly hotel, bed and breakfast establishment and motel occupancy tax return shall be filed by each owner, operator or licensee of each hotel, bed and breakfast establishment or motel in the City with the City Manager or his/her designee, on forms prescribed by him/her, showing all receipts from each renting, leasing or letting of rooms during the preceding three (3) months. The dates upon which said quarterly returns are to be filed shall be provided by rules and regulations promulgated by the City Manager or his/her designee. 387 of 401 152-O-14 ~3~ Each return shall be accompanied by payment to the City of all taxes due and owing for the quarter covered by the return; provided, however, that the person making said return may retain an amount of money equal to three percent (3%) of the tax due as compensation for services rendered in the collection and payment of such tax. The City Manager or his/her designee, or any person certified by him/her as his/her deputy or representative, may enter the premises of any hotel, bed and breakfast establishment or motel for the purposes of inspection and examination of its books and records for the proper administration of this Section, and for the enforcement of collection of the tax hereby imposed. It is unlawful for any person to prevent, hinder or interfere with the City Manager or his/her designee or his/her duly authorized deputy or representative in the discharge of his/her duties hereunder. 3-2-4-5. - ENFORCE PAYMENT OF TAX. (A) Failure to Pay. Whenever any person shall fail to pay any taxes herein provided, or when any owner, operator or licensee of a hotel, bed and breakfast establishment or motel in the City shall fail to collect the tax hereby imposed from any person who has the ultimate liability for payment of the same, the Corporation Counsel shall, upon request of the City Manager or his/her designee, bring or cause to be brought an action to enforce the payment of said tax on behalf of the City in any court of competent jurisdiction. If the City Manager, after a hearing held by or for him/her, shall find that any hotel, bed and breakfast establishment or motel owner, operator or licensee has willfully evaded his/her responsibility to collect the tax imposed by this Section, he may suspend or revoke all City licenses held by such tax evader. Said person shall have an opportunity to be heard at such hearing, to be held not less than five (5) days after notice of the time and place thereof, addressed to him/her at his/her last known place of business. Any suspension or conviction resulting from such hearing shall not relieve or discharge any civil liability for nonpayment of the tax due. (B) Interest and Penalties. In the event of failure by any hotel, bed and breakfast establishment or motel owner, operator or licensee to collect and pay to the City Manager or his/her designee the tax required hereunder within thirty (30) days after the same shall be due, interest shall accumulate and be due upon said tax at the rate of one percent (1%) per month. In addition, a penalty of ten percent (10%) of the tax and interest due shall be assessed and collected against any hotel or motel owner, operator or licensee who shall fail to collect and remit the tax imposed by this Section. 3-2-4-6. - DISPOSITION OF TAX MONEYS. All proceeds resulting from the imposition of the tax under this Section, including interest and penalties, shall be paid into the Treasury of the City and shall be credited to and deposited in the Economic Development Fund of the City. 3-2-4-7. - EXEMPTION. 388 of 401 152-O-14 ~4~ The tax imposed under Subsection 3-2-4-2 of this Section shall not apply to the renting, leasing or letting of accommodations in a hotel, bed and breakfast establishment or motel to permanent residents. For the purpose of this Section a "permanent resident" means any person who occupies or has the right to occupy any room or rooms in the hotel, bed and breakfast establishment or motel for at least thirty (30) consecutive days. If a hotel, bed and breakfast establishment or motel provides accommodations for both permanent residents and other guests, the rental obtained from permanent residents shall not be included in the computation of the tax due. 3-2-4-8. - PENALTY. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with or resisting or opposing the enforcement of any provision of this Section, except when otherwise specifically provided, shall be fined not less than two hundred and fifty dollars ($250.00) for the first offense, and not less than seven hundred and fifty dollars ($750.00) for the second and each subsequent offense in any one hundred eighty (180) day period; each day of violation shall constitute a separate and distinct offense. SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This Ordinance 152-O-14 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 5: If any provision of this Ordinance 152-O-14 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 152-O-14 that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. 389 of 401 152-O-14 ~5~ Introduced: _________________, 2015 Adopted: ___________________, 201 5 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 390 of 401 For City Council meeting of January 26, 2015 Item P4 Ordinance 3-O-15 Special Use for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, at 1241 Chicago Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Zoning Intern Subject: Ordinance 3-O-15, Granting a Special Use for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, at 1241 Chicago Avenue Date: December 30, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 3-O-15 granting a special use permit for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. This ordinance was introduced at the January 12, 2015 City Council meeting. Summary 1241 Chicago Avenue is located on the east side of Chicago Avenue, midblock between Dempster and Hamilton Streets in the B1 Business District, and is surrounded by similar commercial uses as well as residential uses. The applicant proposes to operate Jimmy John’s Gourmet Sandwiches, a Type 2 Restaurant, featuring a quick-serve style of cold- cut sandwiches. The restaurant will feature seating for approximately 40 patrons, but anticipates the majority of customers will carry-out or order delivery. Jimmy John’s Gourmet Sandwiches intends to use bicycles as the primary means of delivery to lessen the impact on the neighboring residential area and promote sustainable green practices. The rear parking lot, which is accessible via the alley off of Dempster Street, features seven parking spaces dedicated for Jimmy John’s use along with six spaces for the adjacent salon business. Delivery bicycles will also utilize the parking lot. The applicant does not anticipate using all of the available parking on the property due to heavy employee reliance on bicycles and public transit. Commissary Memorandum 391 of 401 deliveries to the restaurant will occur before 6:30 a.m. and produce deliveries will occur 2-3 times per week prior to 11 a.m. Both types of deliveries will take place via the alley. Jimmy John’s Gourmet Sandwiches intends to operate from 9 a.m. to 10 p.m., 7 days a week. Alcohol will not be served on the premises. No changes to the exterior of the building are proposed other than signage. The applicant has agreed to follow the Litter Collection and Garbage Pickup Plans. Neighborhood Benefit The neighborhood will benefit from having a well -established, global business that will enhance the business district by occupying a currently underutilized commercial space. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of existing spaces along existing commercial corridors that can add sales tax revenue and encourage vibrant business districts. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Jimmy John’s Gourmet Sandwiches will utilize the restaurant space previously occupied by Carmen’s Pizza and will serve the surrounding community while promoting sustainable practices by utilizing bicycle deliveries. Legislative History December 16, 2014: The ZBA recommended unanimous approval of the special use permit for a Type 2 Restaurant with the following conditions: 1. Hours of Operation between 6 a.m. and 11 p.m., Sunday-Thursday and 6 a.m. to midnight, Friday-Saturday. 2. Must comply with Litter Collection and Garbage Pick-Up Plans 3. Employees may not park on the street. Attachments Proposed Ordinance 3-O-15 December 16, 2014 ZBA Draft Meeting Minutes ZBA Findings December 16, 2014 ZBA Packet - http://www.cityofevanston.org/assets/ZBA%20Packet%2012.16.14.pdf 392 of 401 12/23/2014 3-O-15 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1241 Chicago Avenue in the B1 Business District (“Jimmy John’s”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on December 16, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0147, an application filed by Thomas E. Ryan, III, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1241 Chicago Avenue (the “Subject Property”) and located in the B1 Business District, for a Special Use Permit to establish, pursuant to Subsection 6-9-2-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Jimmy John’s,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of January 12, 2015, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 14ZMJV-0147; and WHEREAS, at its meetings of January 12, 2015 and January 20, 2015, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, 393 of 401 3-O-15 ~2~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 14ZMJV- 0147. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 6:00 a.m. and 11:00 p.m. on Sunday through Thursday, and only between the hours of 6:00 a.m. and 12:00 midnight on Friday and Saturday. D. Employee Parking: Employees shall not park on the street during hours of operation. 394 of 401 3-O-15 ~3~ E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 395 of 401 3-O-15 ~4~ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 396 of 401 3-O-15 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 22 IN SUBDIVISION OF THE WEST HALF OF BLOCK 76 IN NORTHWESTERN UNIVERSITY SUBDIVISION OF THE NORTH HALF OF THE NORTH HALF EAST OF CHICAGO AVENUE, SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PINs: 11-19-200-004 COMMONLY KNOWN AS: 1241 Chicago Avenue, Evanston, Illinois. 397 of 401 Page 1 of 2 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, December 16, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Beth McLennan, Andrew Gallimore, Myrna Arevalo Members Absent: Scott Gingold Staff Present: Melissa Klotz, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:02pm. Approval of Minutes The minutes from the November 18, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Ms. Berns. The motion was approved 5-0, 1 member abstained. New Business 1241 Chicago Avenue ZBA 14ZMJV-0147 Thomas E. Ryan, III, lessee, applies for a special use permit for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, at 1241 Chicago Avenue. 1241 Chicago Avenue is located in the B1 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. . Ms. Klotz read the case into the record. Tom Ryan II and Tom Ryan III, lessees, explained the proposal: • Quick service • Bicycle delivery • Interior remodel only • Also operate the Jimmy John’s on Sherman Avenue • Hours of Operation: 10 a.m. to 9 p.m., 7 days a week • 12-15 employees during lunch shift; 7 employees for dinner shift • 7-8 parking spaces are provided in parking lot for Jimmy John’s (most employees do not drive) • 2-3 produce deliveries per week before 9 a.m. Other deliveries will occur before 6:30 a.m. via rear entrance • Approximately 65% of sales is delivery; 80% of deliveries occur via bike • Staff has noted no complaints about the Jimmy John’s store on Sherman Avenue • No exterior changes are being proposed other than signage • Delivery vehicles will park at rear, including bikes Ms. Berns noted that the Sherman Avenue location often parks delivery vehicles on the street. Chair Rodgers stated the increase in alley traffic is nominal due to 80-85% of deliveries occurring via bicycle. 398 of 401 Page 2 of 2 Zoning Board of Appeals Mr. Ryan, III, expressed the hope to eventually have all orders delivered via bicycle within a year or two. Michael Pine, 1210 Chicago Avenue, stated his concerns stemming from bad experiences with the traffic generated from Trader Joe’s. He is worried that customers might double park and further aggravate the traffic that already exists. He suggested that the parking spaces in front of Jimmy John’s be restricted to 20 minute maximums. He also stated concern over the safety of those who may try to park across the street and dash across Chicago Avenue. Mr. Ryan, II. clarified that the alley running alongside the property does not empty directly out onto Chicago Avenue. Ms. Klotz noted that there is a short term parking space located by the dry cleaning business. The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Ms. Berns motioned to recommend approval of the proposal with the following conditions: 1. Hours of Operation: 6 a.m. to 11 p.m., Sunday-Thursday and 6 a.m. to midnight, Friday- Saturday 2. Litter Collection/Garbage Pick Up Plan 3. Employees cannot park on the street. The motion was seconded by Mr. Gallimore and approved 6-0. ZBA Rules Update New rules will be effective on January 1, 2015. Mr. Gallimore motioned to approve the new rules. The motion was seconded by Ms. Cullen and approved 6-0. 2015 Schedule The meeting scheduled on January 20, 2015 has been moved to January 27, 2015. The meeting on September 15, 2015 has been cancelled. Ms. Cullen motioned to approve the 2015 Schedule. The motion was seconded by Mr. Gallimore and approved 6-0. The meeting adjourned at 8:20 p.m. 399 of 401 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on December 16, 2014, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-9-2-3 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 6-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 6-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 6-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 6-0 Case Number: 14ZMJV-0147 Address or Location: 1241 Chicago Avenue Applicant: Thomas E. Ryan III Proposed Special Use: Restaurant-Type 2, Jimmy John’s Gourmet Sandwiches, in B1 District 400 of 401 P LANNING AND Z ONING D IVISION 847-866-2930 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 6-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 6-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 6-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 6-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 6-0 and, based upon these findings, and upon a vote __6__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Hours of Operation between 6 a.m. and 11 p.m., Sunday-Thursday and 6 a.m. to midnight, Friday-Saturday. 2. Litter Collection and Garbage Plan. 3. Employees may not park on the street. _____ denial of the proposed special use. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ _______ Scott Gingold _____ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 401 of 401