Loading...
HomeMy WebLinkAboutCCAP 22315 FINAL CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, February 23, 2015 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee will convene immediately after conclusion of A&PW Committee meeting. City Council meeting will convene after conclusion of the P&D meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Burrus (II) Mayor Public Announcements (III) City Manager Public Announcements Public Works Supervisor Hank Daniels “Award for Extraordinary Service” Introduction of “Open Evanston” (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: Robert A. Crown Center Update (VII) Consent Agenda: Alderman Rainey (VIII) Report of the Standing Committees Administration & Public Works - Alderman Burrus Planning & Development - Alderman Fiske Human Services - Alderman Braithwaite 1 of 493 City Council Agenda February 23, 2015 Page 2 of 9 (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) Robert A. Crown Center Update Staff recommends the Council move forward with the Crown Center project by considering both options provided in the presentation from staff and John Ronan Architects (420 West Huron Street, Chicago, IL). For Action (SP2) Approval to Issue a Request for Proposal to Seek a Fundraising Consultant for the Robert Crown Center Building Staff recommends authorization to issue a request for proposal to seek a qualified fundraising consultant that would raise a minimum of $5 million to contribute to the costs associated with the Robert Crown Community Center building project. The estimated total project cost is approximately $18 to $30 million. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of February 9, 2015. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through February 8, 2015 $3,259,779.46 (A2) FY2014 City of Evanston Bills – February 24, 2015 $ 145,666.52 FY2015 City of Evanston Bills – February 24, 2015 $1,456,475.26 For Action 2 of 493 City Council Agenda February 23, 2015 Page 3 of 9 (A3.1) Approval of Renewal of Printing Contract with Action Printing for the Evanston Life Magazine and Annual Summer Camp Guide Staff recommends that the City Council authorize the City Manager to execute the final year renewal of the contract option for printing and mail preparation of Evanston Life magazine and annual summer camp guide, in the amount not to exceed $62,953 with Action Printing (N6637 Rolling Meadows Drive, Fond du Lac, W I). Funding is provided by the Parks, Recreation and Community Services Department (Account 3020.62210). The contract will increase from $61,719 to $62,953, based on a 2% increase. For Action (A3.2) Approval of One-year Contract Extension with Mid American Water of Wauconda for the 2015 Water Distribution System Materials (Bid 14-06) Staff recommends that City Council authorize the City Manager to execute the one-year contract extension of the 2014 Distribution System Materials contract (Bid 14-06) with Mid American Water of Wauconda (1125 N. Old Rand Road, Wauconda, IL) in the amount of $64,739.55. Funding is provided by the Water Fund, Account 510.71.7115.65055, with an FY2015 budget allocation of $125,000. There will be no price increase for this contract extension. For Action (A3.3) Approval of Contract with G & M Trucking, Inc. for Purchase of 2015 Granular Materials for the Utilities Department (Bid 15-07) Staff recommends that City Council authorize the City Manager to execute a one- year contract for the purchase of Granular Materials with G & M Trucking, Inc. (8811 Kathy Lane, Des Plaines, IL) in the amount of $35,828.00. Funding is provided from the Water Fund Account 510.71.7115.65055 and the Sewer Fund Account 515.71.7400.65055 with a total FY2015 budget of $60,000. For Action (A3.4) Approval of Renewal of Annual Cityworks Maintenance and Support Agreement with Azteca Systems Inc. Staff recommends that City Council authorize the City Manager to execute a renewal of the annual sole source maintenance and support agreement for the term February 21, 2015 through February 20, 2016 with Azteca Systems Inc. (11075 South State Street, Sandy, UT) for Cityworks work order and service request management software, in the amount of $22,405, which includes no cost increase from 2014. Funding is provided by the Public Works Department ($9,602.14 from Account 2670.62509), and the Utilities Department ($10,702.86 from Account 7125.62340 and $2,100 from Account 7410.62340. For Action 3 of 493 City Council Agenda February 23, 2015 Page 4 of 9 (A3.5) Approval of Four Vehicle Purchases for Utilities Department from Currie Motors and Standard Equipment Company Staff recommends City Council approval for the purchase of three (3) replacements and one (1) new vehicle for the Utilities Department in the total amount of $412,675.00 from Currie Motors, (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $61,080 for two Ford F-250 trucks, and from Standard Equipment (2033 W. Walnut Street, Chicago, IL) in the amount of $351,595 for Vactor and sewer rodder. Funding is provided by the Water Fund (Account 510.71.7130.65550) which has a FY2015 budget allocation of $346,500, and the Sewer Fund (515.71.7400.65550), which has a FY2015 budget allocation of $95,000. For Action (A3.6) Approval of 2015 Fuel Purchases from Palatine Oil Company Staff recommends City Council authorize the City Manager to execute a one-year agreement to purchase fuel in the amount of $792,000 from Palatine Oil Company Incorporated, (900 National Parkway, Suite 260, Schaumburg, IL). Funding is provided from the Fleet Services Major Maintenance Budget (Account 600.26.7710.65035), and will be split between two fiscal years, 2015 ($660,000) and 2016 ($132,000). For Action (A3.7) Approval of Consulting Services Agreement for the Clark Street Beach Bird Habitat Restoration Project (RFP 14-66) Staff recommends that City Council authorize the City Manager to execute a consulting services agreement for the Clark Street Beach Bird Habitat Restoration Project with Kettelkamp & Kettelkamp Landscape Architecture (1315 Sherman Place, Evanston, IL) at a total cost of $27,500.50. Funding is provided in the FY 2015 Capital Improvement Plan (CIP) #415424 with a total budget of $173,000. For Action (A3.8) Approval of Contract for Repair and Repainting of the North and South Standpipes (Bid 15-03) Staff recommends that City Council authorize the City Manager to execute an agreement for the Repair and Repainting of the North and South Standpipes with American Suncraft Construction Co. (10836 Schiller Road, Medway, OH) in the amount of $3,271,043. Staff also recommends accepting the total M/W/EBE waiver request and the partial LEP waiver request, subject to the final analysis of the certified payroll. Funding is provided by the Water Fund (Account 513.71.7330.65515 - 733092), with a FY2015 budget of $3,500,000. For Action 4 of 493 City Council Agenda February 23, 2015 Page 5 of 9 (A3.9) Approval of Emerson/Ridge/Green Bay Intersection and Green Bay Road Corridor Phase II Engineering Services Contract with ESI Consultants, Ltd., (RFQ 13-12) Staff recommends City Council authorize the City Manager to execute an agreement for the Phase II Engineering Services with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL 60563) in the amount of $499,880.52 for the selected option of the Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvement Project. Funding will be provided by the FY 2015 CIP Funds (415.26.4150.65515/415942) and (415.26.4150.65515/415855) in the amount of $354,000.00. For Action (A4) Approval of Change Order No. 2 for Automatic Meter Information System Project Staff recommends City Council authorize the City Manager to execute Change Order No. 2 for the Automatic Meter Information System (RFP 13-04) with Water Resources Inc. (390 Sadler Ave., Elgin, IL). This Change Order will decrease the contract amount by $25,332.50 from $2,276,392.50 to $2,251,060.00 and extend the contract duration by 88 days to February 17, 2015. For Action (A5) Authorization for Homeland Security and Emergency Management Grant Application Staff requests authorization for the City Manager to apply for the Homeland Security and Emergency Management Grant, Body-Worn Camera Problem- Solving Program, Competitive ID # BDA -2015-4067. The City of Evanston will be responsible for portions of the matching grant, although the bulk of funds will be provided by the Bureau of Justice Administration through the Cook County Department of Homeland Security and Emergency Management. Evanston’s actual funding responsibility will depend upon the total amount of the grant. For Action (A6) Ordinance 29-O-15, Authorizing the City Manager to Negotiate with National School Towel Service, Inc. for the Sale of City-Owned Real Property Located at 1821 Ridge Avenue Staff recommends adoption of Ordinance 29-O-15, “Authorizing the City Manager to Negotiate with National Towel Service, Inc. for the Sale of City- Owned Real Property Located at 1821 Ridge Avenue, Evanston, Illinois.” The sale of City-owned real property is a two-step process; an ordinance must be adopted to authorize the City Manager to negotiate the sale of property followed by an ordinance at a later date that authorizes the City Manager to execute a sales contract that memorializes said negotiations. A two-thirds majority of City Council is required to adopt Ordinance 29-O-15. Suspension of the Rules is requested for introduction and adoption by City Council on February 23, 2015. For Introduction and Action 5 of 493 City Council Agenda February 23, 2015 Page 6 of 9 (A7) Ordinance 126-O-14, Increasing the Number of Class F Liquor Licenses for Highland Park CVS, LLC d/b/a CVS Pharmacy #8760, 3333 Central Street Staff recommends City Council adoption of Ordinance 126-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, to increase the number of authorized Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Highland Park CVS, LLC d/b/a CVS Pharmacy #8760, 3333 Central Street. This ordinance was held in Committee on October 27, 2014. For Introduction An update and overview memo of the Ladd Arboretum Bike Path Project precedes the following two agenda Items for Action (A8.1 and A8.2). These agenda items were held at the City Council meeting February 9, 2015. (A8.1) Resolution 4-R-15, Ladd Arboretum Bike Path Project Funding Agreement with Illinois Department of Transportation (IDOT) Staff requests City Council adoption of Resolution 4-R-15, authorizing the City Manager to execute a construction funding agreement with Illinois Department of Transportation (IDOT) for the Ladd Arboretum Bike Path Project. Project funding of $465,433 is provided by FY2015 Capital Improvement Plan (CIP) (Account 416455) and by $580,000 in Federal funding through the Illinois Transportation Enhancement Program (ITEP). For Action (A8.2) Approval of Agreement with Terra Engineering, Ltd. for Construction Engineering Services for the Ladd Arboretum Bike Path, (RFQ 15-06) Staff recommends that City Council authorize the City Manager to execute a construction engineering services agreement for the Ladd Arboretum Bike Path Project with Terra Engineering Ltd. (225 W. Ohio Street, Chicago, IL) at a total cost of $73,064.25. Project funding of $465,433 is provided by FY2015 CIP (Account 416455) and by $580,000 in Federal funding through the Illinois Transportation Enhancement Program (ITEP). For Action (A9) Ordinance 23-O-15, Authorizing Agreement for Mutual Aid Box Alarm System (M.A.B.A.S.) The Evanston Fire Department recommends City Council adoption of Ordinance 23-O-15 authorizing the Mutual Aid Box Alarm System (MABAS) First Addendum to the MABAS Master Agreement. MABAS is a mutual aid system designed to provide speed of response of emergency resources to the stricken community during an ongoing emergency. The Evanston Fire Department has been a member of the MABAS since 1989 (Ordinance 97-O-89). This ordinance was introduced at the February 9, 2015 City Council meeting. For Action 6 of 493 City Council Agenda February 23, 2015 Page 7 of 9 (A10) Ordinance 138-O-14, Building and Zoning Permit/Inspection Fee Revisions Staff recommends City Council adoption of Ordinance 138-O-14 which includes Building and Zoning permit/inspection fee revisions to reflect current practices and standards. Proposed changes are in accordance with similarly-situated municipalities. The proposed revisions will minimally impact the 2015 Community Development budget and are projected to generate approximately additional $97,850 in revenue for the general fund (about 1% of the department’s 2014 revenue). This ordinance was introduced at the February 9, 2015 City Council meeting. For Action (A11) Ordinance 17-O-15, Regulating Commercial Refuse Receptacles Staff recommends City Council adoption of Ordinance 17-O-15, amending City Code Section 8-4-6, “General Receptacle Requirements,” by regulating commercial refuse receptacles. Ordinance 17-O-15 proposes a comprehensive regulation for commercial refuse receptacles modeled after the City of Chicago’s requirements, while tailored for the best interest of the health, safety, and welfare of City of Evanston residents. This ordinance was introduced at the February 9, 2015 City Council meeting. For Action (A12) Ordinance 16-O-15, Amending Subsection 3-4-6-(C) of the City Code to Allow the Sale of Alcoholic Liquor on Sundays at 11:00 a.m. Local Liquor Commissioner recommends City Council adoption of Ordinance 16- O-15, which amends Evanston City Code of 2012 Subsection 3-4-6(C) to permit the retail sale of alcohol on any given Sunday beginning at 11:00 a.m. This ordinance was introduced at the February 9, 2015 City Council meeting. For Action (A13) Ordinance 150-O-14, Amending and Revising Portions of City Code Title 3, Chapter 4 “Liquor Control Regulations” Staff recommends City Council adoption of Ordinance 150-O-14, which makes minor changes to current Liquor Control Regulations to conform with any updates to the Illinois Liquor Control Act. This ordinance was introduced at the February 9, 2015 City Council meeting. For Action 7 of 493 City Council Agenda February 23, 2015 Page 8 of 9 PLANNING & DEVELOPMENT COMMITTEE (P1) Resolution 21-R-15, Authorizing Submission of a Grant Application for Bike Parking Facilities through RTA’s Access to Transit Program at the Main Street Station Area Staff recommends adoption of Resolution 21-R-15 authorizing submission of a grant application through RTA’s Access to Transit Program with the Federal Congestion Mitigation and Air Quality Improvement Program for funding of bike parking facilities at Main Street Metra and CTA stations. The total project cost and City’s total grant amount sought is $70,000. There would be no local match requirement. For Action (P2) Ordinance 27-O-15, Granting a Special Use for a Commercial Indoor Recreation for Foster Dance Studio at 915 Foster Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 27-O-15 granting a special use permit for a Commercial Indoor Recreation facility for Foster Dance Studio at 915 Foster Street 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 (P3) Ordinance 28-O-15, Granting a Special Use for a Type 2 Restaurant, Frio Gelato, at 517 Dempster Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 28-O-15 granting a special use permit for a Type 2 Restaurant, Frio Gelato, 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 (P4) Ordinance 18-O-15, Granting a Special Use for a Wholesale Goods Establishment for Few Spirits at 2308 Main Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 18-O-15 granting a special use permit for a Wholesale Goods Establishment for Few Spirits in the C1 Commercial 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 February 9, 2015 City Council meeting. For Action 8 of 493 City Council Agenda February 23, 2015 Page 9 of 9 ECONOMIC DEVELOPMENT COMMITTEE (O1) Resolution 8-R-15 Authorizing the City Manager to Execute a TIF Forgivable Loan Agreement with Azzurri of Evanston, Inc. The Economic Development Committee recommends authorizing the City Manager to negotiate and execute a funding agreement with Azzurri of Evanston, Inc. for eligible expenses, not to exceed $2 million from the Dempster/Dodge Tax Increment Financing (TIF) District in support of the construction of the Valli Produce store at 1910 Dempster Street. For Action MEETINGS SCHEDULED THROUGH FEBRUARY 2015 Upcoming Aldermanic Committee Meetings Wed, Feb 25 6 pm Transportation/Parking Committee Wed, Feb 25 7:30 pm Economic Development Committee Fri, Feb 27 7 am Housing & Homelessness Commission Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 9 of 493 For City Council meeting of February 23, 2015 Item SP1 Special Order of Business: Robert A. Crown Center Project Update For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/Chief Financial Officer Joe McRae, Deputy City Manager/Director of PRCS Subject: Robert A. Crown Center Update Date: February 16, 2015 Recommended Action: Staff recommends the Council move forward with the Crown Center project by considering both options provided in the presentation from staff and John Ronan Architects, 420 West Huron Street, Chicago, IL. Summary: Approximately one year ago, staff came before the City Council to discuss the replacement or renovation of the Robert A. Crown Center and the presentation is available at: http://www.cityofevanston.org/assets/SP1%20Crown%20Center%20Council%20present ation%20021714%20v2%20ce.pdf. Since that time members of the Crown Subcommittee and staff have moved forward as directed in creating a more traditional approach to completing this project as summarized below: 1. Review renovation and replacement options through the hiring of an independent architect firm to produce renderings/concept drawings for a new Crown facility that will be operated by City staff. 2. Set funding goals for this project, which was discussed during the 2015 budget process as follows: a. $10.0 million General Obligation Bond Issue - City of Evanston b. $2.5 million General Obligation Bond Issue – Evanston Library c. $2.5 million state grant (which was not approved and is currently not included in our total funding projection d. Private fund raising of $5.0 to $18 million depending on the facility option chosen and the time allocated for fund raising 3. Create an Request for Proposal, which is agenda item SP2 on tonight’s Council agenda that will ask for proposals from professional fund raising firms to raise private funding for the project. Memorandum 10 of 493 Mr. Ronan will be present at the Council meeting to provide a short presentation showing the two options from a concept perspective. Staff Proposes the following tentative schedule for discussion: • February 23, 2015 – Crown Options reviewed at Council and Fund Raising RFP Approved • April 2015 – Council Approves Fund Raising Consultant. • September 2015 – Progress Report from Fund Raising Consultant • December 31, 2015 – Progress Report from Fund Raising Consultant • January 15, 2016 - Begin RFP for design architectural/engineering • April 2016 – Architectural/engineering RFP due back • June 2016 – Architectural/engineering firm approval by Council • September 2016 – Council Approval of design • February 2017 – Construction RFP/bid sent out • April – 2017 – Council Award of Construction RFP/bid • Completion will vary based on option selected but will take at least one year. Attachments: Memorandum from Mayor Tisdahl 11 of 493 To: Members of the City Council From: Mayor Elizabeth B. Tisdahl Subject: Recommended Process for Robert Crown Center Improvement Project Date: February 19, 2015 Recommended Action: I am asking the City Council to consider approval of the below noted course of action for the Robert Crown Center improvement project at the February 23, 2015 City Council meeting. Summary: On Monday, February 23, 2015 staff will provide a brief update to City Council on the Robert Crown Center capital improvement project with conceptual renderings from contracted architect John Ronan to be presented at the meeting. The renderings will highlight a renovated Crown Center option and a new Crown Center option. As the Council is aware this project has been reviewed extensively over the years, most recently by a steering committee comprised of aldermen, staff and members of the Parks and Recreation Board over the last year, and is now being brought back to City Council for direction on how to proceed. I am therefore proposing that the Council direct staff to proceed as follows: 1. City Council authorize staff to proceed with the distribution of a Request for Proposal (RFP) to obtain the services of a professional fundraiser for the Robert Crown Center improvement project. 2. City Council direct staff and the Parks and Recreation Board to work with the professional fundraiser to raise private funding for the Robert Crown Center improvement project, with a tentative fundraising deadline of December 31, 2015 pending the recommendation of our fundraiser. 3. Staff would be required to update City Council, no later than January 2016, with the results of the fundraising efforts as well as a final recommendation on whether to renovate the existing Crown structure or build a new a center, based on appropriate and available funding, financial impact and operational needs. Memorandum 12 of 493 4. I am also asking that the City Council consider issuing $10 million in G.O. Bonds debt from the City for the ice rink and community center improvements and $2.5 million in G.O. Bonds debt for the 5,000 square foot Library addition in the 2016 budget. This would be considered and discussed during the 2016 budget process. 5. Pending Council approval of the professional fundraising efforts, $12.5 million bond debt issuance and final Crown Center improvement project recommendation; authorize the final Crown design documents to be developed in 2016 with construction to commence no later than Spring 2017. Page 2 of 2 13 of 493 For City Council meeting of February 23, 2015 Item SP2 Business of the City by Motion: RFP for Fund Raising Consultant For Action To: Honorable Mayor and Members of the City Council From: Martin Lyons, Assistant City Manager/CFO Joe McRae, Director, Parks, Recreation & Community Services Subject: Consideration of Approval to Issue a Request for Proposal to Seek a Fundraising Consultant for the Robert Crown Center Building Date: February 19, 2015 Recommended Action: Staff recommends authorization to issue a request for proposal to seek a qualified fundraising consultant that would raise a minimum of $5 million to contribute to the costs associated with the Robert Crown Community Center building project. The estimated total project cost is approximately $18 to $30 million. Funding Source: Funding for the consultant fees would be derived from the fundraising initiative. Summary: The City is seeking proposals (RFP is Attachment A), for an experienced fundraising consultant to raise a minimum of $5 million to contribute to the costs associated with the renovation of the Robert Crown Community Center building. The term for the initiative would be between nine months and one year. The proposed schedule in the RFP document has staff making a recommendation to award a fundraising contract in April 2015 to the City Council. The selected consultant would work under the direction of City staff and in coordination with the Parks and Recreation Board and the Robert Crown Sub-Committee to: Act as the lead fundraising manager and primary contact for donors. Develop and implement a detailed strategic fundraising plan which should include specifics on required action items to achieve designated goals. Propose an implementation schedule with details on completion dates. Memorandum 14 of 493 Devise a marketing and promotional program and theme to generate interest within the community for contributions. Implement a creative social media initiative. Coordinate fundraising special events. Research and apply to related grant opportunities. Identify, cultivate, solicit and maintain relationships with businesses and individuals that wish to contribute to the campaign. Realize budgeted revenue projections through individual and business donors for the Robert Crown Community Center renovation. Report on progress, opportunities and challenges to City staff, City Council, the Parks and Recreation Board and the Evanston Library Board of Trustees at least quarterly. Create specific recognition and naming rights opportunities for key donors. Maintain records of contacts, prospects, pending donors, and work plans. Make public appearances on behalf of the City. Attend the City Council, Parks and Recreation Board, and Evanston Library Board of Trustees meetings as needed. Provide a plan for long-term giving in order for the City to end the campaign with stronger relationships with funders. Be able to work with an independent fund depositary chosen by the City. May provide preferred depositary options of their own. The proposal is looking for a consultant that is a self-starter who is able to do much of the work independently and must be comfortable soliciting potential donors. Having knowledge of the Evanston community and potential donors is essential along with sales or marketing experience. The selected consultant would be responsible for developing and meeting specific goals for the strategic fundraising plan. Lastly, the successful consultant must be passionate for the work of local government, in particular Parks, Recreation, and Community Services and the Library and its impact on the quality of life for Evanston residents. Attachments: RFP for Fund Raising Consultant 15 of 493 1 Revised 7-13 REQUEST FOR PROPOSAL NUMBER: 15-24 for Robert Crown Fundraising Consultant PROPOSAL DEADLINE: 1:30 P.M., March 31, 2015, Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201 PRE-PROPOSAL MEETING: Mandatory 1:00PM, March 12,2015 Robert Crown Community Center 1701 Main Street Evanston, Illinois 60202 SEALED PROPOSALS TO BE RETURNED TO: CITY OF EVANSTON PURCHASING DIVISION, ROOM 4200 LORRAINE H. MORTON CIVIC CENTER 2100 RIDGE AVENUE EVANSTON, ILLINOIS 60201 PHONE (847)866-2935 * FAX (847)448-8128 16 of 493 2 Revised 7-13 TABLE OF CONTENTS Notice to Proposers ................................................................................................... 03 1.0 Introduction ...................................................................................................... 04 2.0 Scope of Services ........................................................................................... 04 3.0 Insurance ......................................................................................................... 05 4.0 Submittal Requirements .................................................................................. 06 5.0 M/W/EBE Goals .............................................................................................. 07 7.0 Evaluation Criteria ........................................................................................... 07 8.0 Selection Process ............................................................................................ 07 9.0 Proposed Schedule ......................................................................................... 08 10.0 Questions Regarding RFP ............................................................................... 08 11.0 General Terms and Conditions ........................................................................ 08 Price/Costs Form ....................................................................................................... 14 Exhibit A – Disclosure of Ownership Interests ........................................................... 15 Exhibit B – Conflict of Interest Form .......................................................................... 18 Exhibit C – Acknowledgement of Understanding....................................................... 19 Exhibit D – Anti-Collusion Affidavit and Proposer’s Certification ............................... 20 Exhibit E – City of Evanston M/W/EBE Policy ........................................................... 21 Exhibit F – M/W/EBE Participation Compliance Form ............................................... 22 Exhibit G – M/W/EBE Participation Waiver Request ................................................. 23 Exhibit H – Construction Contractors Assistance Organizations ............................... 24 Exhibit I – Professional Services Agreement ............................................................. 24 17 of 493 3 Revised 7-13 CITY OF EVANSTON NOTICE TO PROPOSERS Sealed proposals will be received by the Purchasing Office in Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston, Illinois 60201, until 2:00 P.M. local time on March 31, 2015. Proposals shall cover the following: Robert Crown Fundraising Consultant RFP #15-24 The City of Evanston’s Parks, Recreation and Community Services Department and Evanston Public Library are seeking proposals from experienced firms for: a fundraising consultant. There will be a mandatory pre-proposal March 12, 2015 at 1:00PM at the Robert Crown Community Center, 1701 Main Street, Evanston, Illinois 60202. All firms intending to submit a proposal for this project are encouraged to attend to discuss the proposed work and receive answers to questions related to the project. The above item shall conform to the RFP on file in the Purchasing Office. The document, including all necessary plans and specifications, will be available in the Purchasing Office on March 31, 2015. Parties interested in submitting a bid should contact the Purchasing Office to receive a copy of the bid or see the City’s website at: www.cityofevanston.org/business/bids-proposals/ or Demandstar at: www.demandstar.com. The City (the City of Evanston) in accordance with the laws of the State of Illinois, hereby notifies all firms that it will affirmatively ensure that the contract(s) entered into pursuant to this notice will be awarded to the successful firm without discrimination on the grounds of race, color, religion, sex, age, sexual orientation marital status, disability, familial status or national origin. The City if Evanston reserves the right to reject any or all submittals or to accept the submittal(s) deemed most advantageous to the City. The Evanston City Council also reserves the right to award the contract to an Evanston firm if that firm’s bid is within 5% of the low bid. Each Proposer shall be required to submit with his/her proposal a Disclosure of Ownership Interest Statement Form in accordance with Section 1-18-1 et seq. of the City Code. Failure to submit such information may result in the disqualification of such proposal. JacQuera Calvert Purchasing Specialist 18 of 493 4 Revised 7-13 CITY OF EVANSTON Request for Proposal 1.0 INTRODUCTION The City is seeking proposals for an experienced Fundraising Consultant to raise a minimum of $5 million to contribute in the costs associated with the renovation of the Robert Crown Community Center. The estimated total project cost is approximately $18 to $30 million. The contract term desired is for a period up to one year and may be extended by mutual agreement of both parties. Contact with City personnel in connection with this RFP shall not be made other than as specified in this RFP Unauthorized contact of any City personnel may be cause for rejection of a proposal. Prior to the submittal of a proposal, Proposers are advised to carefully examine • the contract documents • project scope and work tasks to be accomplished • specifications • insurance requirements and required documentation Proposers are advised to become thoroughly familiar with all conditions, instructions and specifications governing this RFP. Proposals shall be made in accordance with these instructions. Proposals shall be submitted on the forms provided by the City The City will not be liable in any way for any costs incurred by respondents in replying to this Request for Proposal. 2.0 SCOPE OF SERVICES The selected representative will work under the direction of City staff and in coordination with the Parks and Recreation Board and the Robert Crown Sub- Committee to: • Act as the lead fundraising manager and primary contact for donors. • Develop and implement a detailed strategic fundraising plan which should include specifics on required action items to achieve designated goals. • Propose an implementation schedule with details on completion dates. • Devise a marketing and promotional program and theme to generate interest within the community for contributions. • Implement a creative social media initiative. • Coordinate fundraising special events. • Research and apply to related grant opportunities. • Identify, cultivate, solicit and maintain relationships with businesses and individuals that wish to contribute to the campaign. 19 of 493 5 Revised 7-13 • Realize budgeted revenue projections through individual and business donors for the Robert Crown Community Center renovation. • Report on progress, opportunities and challenges to City staff, City Council, the Parks and Recreation Board and the Evanston Library Board of Trustees at least quarterly. • Create specific recognition and naming rights opportunities for key donors. • Maintain records of contacts, prospects, pending donors, and work plans. • Make public appearances on behalf of the City. • Attend the City Council, Parks and Recreation Board, and Evanston Library Board of Trustees meetings as needed. • Provide a plan for long-term giving in order to the City to end the campaign with stronger relationships with funders. • Must be able to work with an independent fund depositary chosen by the City May provide preferred depositary options of your own. The successful proposer must be a self-starter who is able to do much of the work independently and must be comfortable soliciting potential donors. Knowledge of the Evanston community is essential along with sales or marketing experience. The successful proposer will be responsible for meeting specific goals set forth in the strategic fundraising plan. Ideal proposer will have a minimum of three years of large-scale fundraising or related experience and knowledge of the parks and recreation division. The successful proposer must be passionate for the work of local government, in particular Parks, Recreation, and Community Services and the library and its impact on the quality of life for Evanston residents. 3.0 INSURANCE Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder. The consultant must provide an insurance certificate naming the City of Evanston as an additional insured and will provide a variety of insurances including: comprehensive general liability - $3,000,000 combined single limit for each occurrence for bodily injury and property damage – designating the City as Additional Insured Workers Compensation - Statutory Limits Automobile Liability - $1,000,000 per occurrence for all claims arising out of bodily injuries or death and property damages. errors and omissions or professional liability insurance - $1,000,000 The surety and the insurance company must have not less than an A+ rating from the Alfred M. Best Co., Inc. and be approved by the City of Evanston. 20 of 493 6 Revised 7-13 Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. 4.0 SUBMITTAL REQUIREMENTS Responses to this Request shall be in one volume. Any firm brochures and/or information pertaining to the qualifications of the firm and/or team may be submitted, but must be included in a single volume. Applicant firms must submit six (6) hardcopies, one (1) unbound original and an electronic copy on a flash drive. A. Cover Letter The cover letter will include the following: • introduction of firm signed by an authorized Principal of the firm • name of firm • address of firm • phone number of the firm submitting the proposal • include the name and signature of an authorized binding official who is authorized to answer questions regarding the firm’s proposal B. Qualifications and Experience of Firm and/or Team •••• The selected firm must have experience in planning, managing, coordinating and implementing successful large-scale fundraising campaigns. •••• Provide a list of services that may be considered an added value to the project. •••• Include a sample of previous work related to completing a capital campaign. •••• Provide biographical information on all staff that will work on this campaign. •••• All respondents shall describe other contracts (at least 5, but no more than 10) similar in scope, size or discipline to the required services described herein, performed or undertaken within the past five years. •••• The respondent must provide references, including name, address and telephone number of a contact person for each project identified and described. •••• Indicate commencement dates, duration and type of operation. •••• Provide a list of all Municipal/Public clients. C. Area/Regional Manager(s) Clearly identify the professional staff person (s) who would be assigned as your Area/Regional Manager(s) and provide resumes. The proposal should indicate the abilities, qualifications and experience of these individuals. D. Fees 21 of 493 7 Revised 7-13 Provide a copy of your fees/prices and please specify the method/rate structure of the proposal, e.g., percentage of total funds raised, flat fee, hours worked. Include ALL additional expenses with the capital campaigned proposed. E. Contract The City has attached its standard contract in Exhibit O (see page 25 – Professional Services Agreement). Identify all exceptions to the agreement that would prevent your Firm from executing it. The City shall not consider or negotiate regarding exceptions submitted at any time after the submission of the Proposer’s response. 5.0 M/W/EBE GOALS The City has a goal of 25% of the contract amount for the participation and utilization of Minority-Owned, Women-Owned, and Evanston-based businesses (M/W/EBEs) in completing a portion of the services required by the City. All respondents must submit a statement of the proposed involvement of M/W/EBEs in completing a portion of the required services. Provide a copy of the certification for M/W/EBEs that will assist in achieving the M/W/EBE goal with your submittal as well as the appropriate M/W/EBE forms or Request for Waiver. Any questions regarding M/W/EBE compliance should be submitted in writing to JacQuera Calvert jcalvert@cityofevanston.org. 6.0 EVALUATION CRITERIA The City will select the successful firm through an evaluation process based on the firm meeting the specifications which are outlined in this RFP. A review committee will review in detail all proposals that are received. During the evaluation process, the City may require a Proposer’s representative to answer questions with regard to the proposal and/or make a formal presentation to the review committee. The review committee will make a recommendation to award the contract based on the criteria set forth below. This contract will be forwarded to the City Council for final approval. The evaluation criteria listed below will be used in the selection of the successful Proposer. A. Qualifications and Expertise B. Price C. Organization and Completeness of Proposal D. Willingness to Execute the City of Evanston’s Professional Services Agreement E. M/W/EBE Participation 7.0 SELECTION PROCESS The City will select a firm on the basis of the responsiveness of the proposal to the RFP submittal requirements, the evaluation criteria stated above and the demonstrated willingness to execute an acceptable written contract. The City 22 of 493 8 Revised 7-13 reserves the right to reject any or all proposals, and to request written clarification of proposals and supporting materials from the Proposer. While it is the intent of the City to award a single firm, the City reserves the right to award in part or in whole and to select multiple firms and/or individuals, depending on whichever decision is deemed to be most advantageous to the City. Responses may be rejected if the firm fails to perform any of the following: A. Adhere to one or more of the provisions established in this Request for Proposal. B. Demonstrate competence, experience, and the ability to provide the services described in this Request for Proposal. C. Submit a response on or before the deadline and complete all required forms. D. To fulfill a request for an oral presentation. E. To respond to a written request for additional information. Discussions and/or interviews may be conducted with responsible firms that have submitted proposals in order to clarify certain elements. All proposals shall be afforded fair and equal treatment with respect to any opportunity for clarification. In conducting discussion, there shall be no disclosure of information derived from proposals submitted by competing firms. The selection shall be done by the City’s review committee and will be recommended to the City Council for final approval. If the City is unable to reach any sort of agreement with the selected firm, the City will discontinue negotiations with the selected firm and begin negotiations with the firm ranked second and so on until agreement is reached. The firm to be recommended to the City Council will be the one whose proposal is determined to be the most advantageous to the City in consideration of price and all other evaluation factors which are set forth in this Request for Proposal No other factors or criteria not listed in this RFP shall be used in the evaluation. 8.0 PROPOSED SCHEDULE The tentative schedule for this RFP and project process is as follows: 1. RFP issued ..................................................... March 5, 2015 2. Non- mandatory Pre-Proposal Conference and walk thru .................................................. March 12, 2015 3. Last Day to submit questions ......................... March 19, 2015 4. Final Addendum Issued.................................. March 25, 2015 5. RFP Submission Due Date ............................ March 31, 2015 6. City Council Award of Contract ...................... April 20, 2015 7. Contract Effective ........................................... April 23, 2015 9.0 QUESTIONS REGARDING RFP 23 of 493 9 Revised 7-13 All questions related to this RFP should be submitted in writing to September 18, 2014, Purchasing Specialist at jcalvert@cityofevanston.org with a copy to Marty Lyons at adminservice@cityofevanston.org. 10.0 GENERAL TERMS AND CONDITIONS A. Confidentiality In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. The Purchasing Specialist will endeavor to advise the firm of any request for the disclosure of the material so marked with “TRADE SECRET”, “CONFIDENTIAL”, or “PROPRIETARY”, and give the firm or other submitting party the opportunity to seek a court order to protect such materials from disclosure. If the requested material was submitted by a party other than the firm, then the firm shall be solely responsible for notifying the submitting party of the request. The City’s sole responsibility is to notify the firm of the request for disclosure, and the City shall not be liable for any damages resulting out of such disclosure, whether such disclosure is deemed required by law, by an order of court or administrative agency, or occurs through inadvertence, mistake, negligence on the part of the City or its officers, or employees. B. Withdrawal of Proposal Proposals may be withdrawn prior to the submittal deadline. Withdrawal may be attained by written request; however, no offer can be withdrawn within the ninety (90) day period which occurs after the time is set for closing. Proposers who withdraw their proposals prior to the designated date and time may still submit another proposal if done in accordance with the proper time frame. 24 of 493 10 Revised 7-13 C. Exceptions to Specifications Exceptions to these specifications shall be listed and explained on a separate page titled “Exceptions to Specifications”, which shall be prepared by the Proposer. This page shall then be attached to these documents and submitted at the same time as the proposal. Each exception must refer to the page number and paragraph to which it is relevant. The nature and reasoning of each exception shall be explained in its entirety. Any exceptions to these specifications may be cause for rejection of the proposal. D. Hold Harmless The contractor agrees to hold harmless the City of Evanston and all of its agents, servants, and employees against any and all lawsuits, claims, demands, liabilities, losses, and/or expenses; including court costs and attorneys’ fees on account of injury to any person, or any death resulting from such injury, or any damage to property which may have arisen from work specifically related to the contract and/or project. E. Addenda Any and all changes to these documents are valid only if they are included via written addendum to all respondents. Each respondent should acknowledge receipt of any addenda by indicating same in their proposal submission. Each respondent acknowledging receipt of any addenda is responsible for the contents of the addenda and any changes to the proposal therein. Failure to acknowledge any addenda may cause the proposal to be rejected. Addenda information is available over the internet at www.demandstar.com, or by contacting the Purchasing Office, 847-866-2935. F. Term The contract is for up to one year. The City may terminate a contract for either cause or convenience. G. Non-Appropriation of Funds The City of Evanston reserves the right to terminate in whole or in part f the contract in the event that sufficient funds to complete the contract are not appropriated by The City of Evanston’s City Council. H. Property of the City All discoveries and documents produced as a result of any service or project undertaken on behalf of the City of Evanston shall become the property of the City. I. Payment Terms The consultant shall submit invoices detailing the services provided, project, professional staff, and hours. Payment shall be made in accordance with the Local Government Prompt Payment Act. Please note that failure to provide a detailed invoice could result in delay of payment and include termination of any agreement. 25 of 493 11 Revised 7-13 J. Disclosures and Potential Conflicts of Interest The City of Evanston’s Code of Ethics prohibits public officials or employees from performing or participating in an official act or action with regard to a transaction in which he has or knows he will thereafter acquire an interest for profit, without full public disclosure of such interest. This disclosure requirement extends to the spouse, children and grandchildren, and their spouses, parents and the parents of a spouse, and brothers and sisters and their spouses. To ensure full and fair consideration of all proposals, the City of Evanston requires all Proposers including owners or employees to investigate whether a potential or actual conflict of interest exists between the Proposer and the City of Evanston, its officials, and/or employees. If the Proposer discovers a potential or actual conflict of interest, the Proposer must disclose the conflict of interest in its proposal, identifying the name of the City of Evanston official or employee with whom the conflict may exist, the nature of the conflict of interest, and any other relevant information. The existence of a potential or actual conflict of interest does NOT, on its own, disqualify the disclosing Proposer from consideration. Information provided by Proposers in this regard will allow the City of Evanston to take appropriate measures to ensure the fairness of the proposal process. The City requires all Proposers to submit a certification, enclosed with this RFP, that the Proposer has conducted the appropriate investigation and disclosed all potential or actual conflicts of interest. K. Protests Any actual or prospective Proposer, who is aggrieved in connection with the solicitation or award of a contract, may protest to the Purchasing Office. The protest shall be submitted in writing within ten (10) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. The Proposer shall submit any protests or claims regarding this solicitation to the Purchasing Office. A pre-bid protest must be filed five (5) days before the bid opening or proposal submittal. A pre-award protest must be filed no later than ten (10) days after the bid opening date or proposal deadline. A post-award protest must be filed no later than ten (10) days after the award of the Contract. All claims by a Proposer against the City relating to a contract shall be submitted in writing to the Purchasing Specialist. The City will only consider protests that are properly and timely submitted. All protests or claims must set forth the name and address of the protester, the contract number, the grounds for the protest or claim, and the course of action that the protesting party desires the Purchasing Specialist to take. Statements shall be sworn and submitted under penalty of perjury. 26 of 493 12 Revised 7-13 L. Authority To Resolve Protests And Contract Claims Protests: The Purchasing Specialist shall have the authority to consider and resolve a protest of an aggrieved Proposer, actual or prospective, concerning the solicitation or award of a contract. The City shall issue a written decision and that decision is final. Contract Claims: The Purchasing Specialist, after consulting with Corporation Counsel, shall have the authority to resolve contract claims, subject to the approval of the City Manager or City Council, as applicable, regarding any settlement that will result in a change order or contract modification. Each Proposer, by submitting a response to this RFP, expressly recognizes the limitations on its rights to protest provided in this Section and expressly waives all other rights and remedies and agrees that the decision on the protest is final and conclusive. If a Proposer disregards, disputes or does not follow the exclusive protest remedies provided in this Section, it shall indemnify and hold the City and its officers, employees, agents and consultants harmless from and against all liabilities, fees and costs, including legal and consultant fees and costs, and damages incurred or suffered as a result of such Proposer’s actions. Each Proposer, by submitting a response to this RFP, shall be deemed to have irrevocably and unconditionally agreed to this indemnity obligation. M. Litigation For purposes of this Section, the following terms are defined as follows: “issue” means any prior or pending litigation or investigation, either civil or criminal, or any governmental agency action or proceeding (the “issue”), which may affect the performance of the services to be rendered herein. For purposes of this Section, an “issue” shall also include any criminal, civil, or administrative penalty or finding imposed against any covered individual. An issue occurring within seven (7) years of the date preceding the date of the Proposer’s response shall be disclosed by the Proposer. “covered individual” means any principal, president, managing partner, or vice- president, affiliated in anyway with the Firm, and the Firm’s employees or subcontractors. All proposers shall identify and describe with particularity any issue. The City, and not Proposer, has the sole discretion to determine whether an issue may affect the performance of the services. Failure of any Proposer to comply with this mandatory obligation shall, at the City’s sole discretion, result in the Proposer’s response being deemed non-responsive and not responsible. Failure of any Proposer to comply with the obligation specified herein may result in the voiding any subsequent contract award to Proposer if the City discovers upon the exercise of its customary due diligence that Proposer failed to comply with the mandatory obligation in this Section. The City reserves all rights to take any other actions in the case of a Proposer’s non-compliance with this Section. 27 of 493 13 Revised 7-13 N. Subcontractors If any firm submitting a proposal intends on subcontracting out all or any portion of the engagement, that fact, and the name of the proposed subcontracting firm(s) must be clearly disclosed in the proposal. Following the award of the contract, no additional subcontracting will be allowed without the prior written consent of the City of Evanston. O. Contact with City Personnel All Proposers are prohibited from making any contact with the City Manager, City Council, or any other official or employee of the City with regard to the Project, other than in the manner and to the person(s) designated herein. The Purchasing Specialist reserves the right to disqualify any Proposer found to have contacted City Personnel in any manner with regard to the Project. Additionally, if it is determined that the contact with City Personnel was in violation of any provision of 720 ILCS 5/33EE, the matter may be referred to the Cook County State’s Attorney for review and prosecution. P. Costs Incurred The City of Evanston assumes no responsibility or liability for costs incurred by the Proposer prior to the execution of a contract. This includes costs incurred by the Proposer as a result of preparing a response to this RFP. 28 of 493 14 Revised 7-13 INSERT PRICE/COSTS FORMS 29 of 493 15 Revised 7-13 Exhibit A DISCLOSURE OF OWNERSHIP INTERESTS The City of Evanston Code Section 1-18-1 et seq. requires all persons (APPLICANT) seeking to do business with the City to provide the following information with their proposal. Every question must be answered. If the question is not applicable, answer with "NA". APPLICANT NAME: ______________________________________ APPLICANT ADDRESS: ______________________________________ TELEPHONE NUMBER: ______________________________________ FAX NUMBER: ______________________________________ APPLICANT is (Check One) ( ) Corporation ( ) Partnership ( ) Sole Owner ( ) Association Other ( ) ________________________________________________________ Please answer the following questions on a separate attached sheet if necessary. SECTION I - CORPORATION 1a. Names and addresses of all Officers and Directors of Corporation. _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 1b. (Answer only if corporation has 33 or more shareholders.) Names and addresses of all those shareholders owning shares equal to or in excess of 3% of the proportionate ownership interest and the percentage of shareholder interest. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material required herein.) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ 30 of 493 16 Revised 7-13 1c. (Answer only if corporation has fewer than 33 shareholders.) Names and addresses of all shareholders and percentage of interest of each herein. (Note: Corporations which submit S.E.C. form 10K may substitute that statement for the material requested herein.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 2 - PARTNERSHIP/ASSOCIATION/JOINT VENTURE 2a. The name, address, and percentage of interest of each partner whose interests therein, whether limited or general, is equal to or in excess of 3%. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 2b. Associations: The name and address of all officers, directors, and other members with 3% or greater interest. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ SECTION 3 - TRUSTS 3a. Trust number and institution. ______________________________________________________________________ 3b. Name and address of trustee or estate administrator. ______________________________________________________________________ ______________________________________________________________________ 3c. Trust or estate beneficiaries: Name, address, and percentage of interest in total entity. ______________________________________________________________________ ______________________________________________________________________ 31 of 493 17 Revised 7-13 SECTION 4 - ALL APPLICANTS - ADDITIONAL DISCLOSURE 4a. Specify which, if any, interests disclosed in Section 1, 2, or 3 are being held by an agent or nominee, and give the name and address of principal. ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4b. If any interest named in Section 1,2, or 3 is being held by a "holding" corporation or other "holding" entity not an individual, state the names and addresses of all parties holding more than a 3% interest in that "holding" corporation or entity as required in 1(a), 1(b), 1(c), 2(a), and 2(b). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4c. If "constructive control" of any interest named in Sections 1,2, 3, or 4 is held by another party, give name and address of party with constructive control. ("Constructive control" refers to control established through voting trusts, proxies, or special terms of venture of partnership agreements.) ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ I have not withheld disclosure of any interest known to me. Information provided is accurate and current. ______________________ ______________________________________ Date Signature of Person Preparing Statement ______________________________________ Title ATTEST: ____________________________ Notary Public (Notary Seal) Commission Expires: _____________________ 32 of 493 18 Revised 7-13 Exhibit B CONFLICT OF INTEREST FORM ___________________________________________________, hereby certifies that it has conducted an investigation into whether an actual or potential conflict of interest exists between the bidder, its owners and employees and any official or employee of the City of Evanston. Proposer further certifies that it has disclosed any such actual or potential conflict of interest and acknowledges if bidder/Proposer has not disclosed any actual or potential conflict of interest, the City of Evanston may disqualify the bid/proposal. ______________________________________________________________________ (Name of Bidder/Proposer if the Bidder/Proposer is an Individual) (Name of Partner if the Bidder/Proposer is a Partnership) (Name of Officer if the Bidder/Proposer is a Corporation) The above statements must be subscribed and sworn to before a notary public. Subscribed and Sworn to this _____ day of ______________, 2013. Notary Public Failure to complete and return this form may be considered sufficient reason for rejection of the bid / proposal. 33 of 493 19 Revised 7-13 Exhibit C ACKNOWLEDGEMENT OF UNDERSTANDING THE SECTION BELOW MUST BE COMPLETED IN FULL AND SIGNED The undersigned hereby certifies that they have read and understand the contents of this solicitation and attached service agreements, and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or to accept any request for additional compensation. By signing this document, the Proposer hereby certifies that they are not barred from bidding on this contract as a result of bid rigging or bid rotating or any similar offense (720 ILCS S/33E-3, 33E-4). Authorized Signature: Company Name: Typed/Printed Name: Date: Title: Telephone Number: Email: Fax Number: 34 of 493 20 Revised 7-13 Exhibit D ANTI-COLLUSION AFFIDAVIT AND PROPOSER’S CERTIFICATION ______________________________________, being first duly sworn, deposes and says that he is ________________________________________ (Partner, Officer, Owner, Etc.) of ________________________________ (Proposer) The party making the foregoing proposal or bid, that such bid is genuine and not collusive, or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person; to fix the bid price element of said bid, or of that of any other bidder, or to secure any advantage against any other bidder or any person interested in the proposed contract. The undersigned certifies that he is not barred from bidding on this contract as a result of a conviction for the violation of State laws prohibiting bid-rigging or bid-rotating. (Name of Bidder if the Bidder is an Individual) (Name of Partner if the Bidder is a Partnership) (Name of Officer if the Bidder is a Corporation) The above statements must be subscribed a sworn to before a notary public. Subscribed and Sworn to this ________ day of _____________________, 2013 __________________________________________ Notary Public Commission Expires: ________________________ Failure to complete and return this form may be considered sufficient reason for rejection of the bid. 35 of 493 21 Revised 7-13 EXHIBIT E City of Evanston M/W/EBE Policy A City of Evanston goal is to provide contracting and subcontracting opportunities to Minority Business Enterprises, Women Business Enterprises, and Evanston Business Enterprises. The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. To assist such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. Firms bidding on projects with the City must work to meet the 25% goal or to request a waiver from participation. It is advised that bidders place advertisements requesting subcontractors and that they email or contact individual firms that would be appropriate to partner in response to the project. For samples of possible advertisements, see the City of Evanston’s Business Diversity Section: http://www.cityofevanston.org/ business/business- diversity/. If you request a paper copy of the additional documents, it will be available free of charge from the Purchasing Office, 2100 Ridge Road Suite 4200, Evanston, IL 60201. If a bidder is unable to meet the required M/W/EBE goal, the Bidder must seek a waiver or modification of the goal on the attached forms. Bidder must include: 1. A narrative describing the Bidder’s efforts to secure M/W/EBE participation prior to the bid opening. 2. Documentation of each of the assist agencies that were contacted, the date and individual who was contacted, and the result of the conversation (see form) 3. A letter attesting to instances where the bidder has not received inquiries/proposals from qualified M/W/EBEs 4. Names of owners, addresses, telephone numbers, date and time and method of contact of qualified M/W/EBE who submitted a proposal but were not found acceptable. 5. Names of owners, addresses, telephone numbers, date and time of contact of at least 15 qualified M/W/EBEs the bidder solicited for proposals for work directly related to the Bid prior to the bid opening (copies must be attached). If a bidder is selected with a Subcontractor listed to meet the M/W/EBE goal, a “monthly utilization report” will be due to the City prior to each payment being issued to the Contractor. This report will include documentation of the name of the firm hired, the type of work that firm performed, etc. Should the M/W/EBE not be paid according to the schedule proposed in this document, the City reserves the right to cancel the contract. Examples of this monthly form can be found on the City’s website: http://www.cityofevanston.org/business/business-diversity/. 36 of 493 22 Revised 7-13 Exhibit F M/W/EBE PARTICIPATION M/W/EBE PARTICIPATION M/W/EBE PARTICIPATION M/W/EBE PARTICIPATION COMPLIANCE FORMCOMPLIANCE FORMCOMPLIANCE FORMCOMPLIANCE FORM I do hereby certify that _________________________________________________ (Name of firm) intends to participate as a Subcontractor or General Contractor on the project referenced above. This firm is a (check only one): ______ Minority Business Enterprise (MBE), a firm that is at least 51% managed and controlled by a minority, certified by a certifying agency within Illinois. ______ Women’s Business Enterprise (WBE), a firm that is at least 51% managed and controlled by a woman, certified by a certifying agency within Illinois. ______ Evanston Based Enterprise (EBE), a firm located in Evanston for a minimum of one year and which performs a “commercially useful function”. Total proposed price of response $_____________________ Amount to be performed by a M/W/EBE $_____________________ Percentage of work to be performed by a M/W/EBE _____________________% Information on the M/W/EBE Utilized: Name __________________________________________________________ Address ____________________________________________________ Phone Number Signature of firm attesting to participation ____________________________ Title and Date ____________________________________________________ Please attach 1. Proper certification documentation if applying as a M/WBE and check the appropriate box below. This M/WBE will be applying with documentation from: Cook County City of Chicago State certification Federal certification 2. Attach business license if applying as an EBE 37 of 493 23 Revised 7-13 Exhibit G M/W/EBE PARTICIPATION WAIVER REQUESTM/W/EBE PARTICIPATION WAIVER REQUESTM/W/EBE PARTICIPATION WAIVER REQUESTM/W/EBE PARTICIPATION WAIVER REQUEST I am of , and I have authority to (Title) (Name of Firm) execute this certification on behalf of the firm. I do (Name) hereby certify that this firm seeks to waive all or part of this M/W/EBE partcipation goal for the following reason(s): (CHECK ALL THAT APPLY. SPECIFIC SUPPORTING DOCUMENTATION MUST BE ATTACHED.) ______ 1. No M/W/EBEs responded to our invitation to bid. ______ 2. An insufficient number of firms responded to our invitation to bid. For #1 & 2, please provide a narrative describing the outreach efforts from your firm and proof of contacting at least 15 qualified M/W/EBEs prior to the bid opening. Also, please attach the accompanying form with notes regarding contacting the Assist Agencies. ______ 3. No subcontracting opportunities exist. Please provide a written explanation of why subcontracting is not feasible. ______ 4. M/W/EBE participation is impracticable. Please provide a written explanation of why M/W/EBE participation is impracticable. Therefore, we request to waive _____of the 25% utilization goal for a revised goal of _____%. Signature: Date: (Signature) 38 of 493 24 Revised 7-13 EXHIBIT H Construction Contractors' Assistance Organizations (“Assist Agencies”) Form AGENCY DATE CONTACTED CONTACT PERSON RESULT OF CONVERSATION Association of Asian Construction Enterprises (AACE) 5500 Touhy Ave., Unit K Skokie, IL. 60077 Phone: 847/5259693 Perry Nakachii, President Black Contractors United (BCU) 400 W. 76th Street Chicago, IL 60620 Phone: 773/483-4000 Fax: 773/483-4150 Email: bcunewera@ameritech.net Chicago Minority Business Development Council 105 West Adams Street Chicago, Illinois 60603 Phone: 312-755-8880 Fax: 312-755-8890 Email: info@chicagomsdc.org Shelia Hill, President Federation of Women Contractors 5650 S. Archer Avenue Chicago, Illinois 60638 Phone: 312/360-1122 Fax: 312/360-0239 Email: FWCChicago@aol.com Contact Person: Beth Doria Maureen Jung, President Hispanic American Construction Industry (HACIA) 901 W. Jackson, Suite 205 Chicago, IL 60607 Phone: 312/666-5910 Fax: 312/666-5692 Email: Jperez@haciaworks.org Jorge Perez, President Women’s Business Development Center 8 S. Michigan Ave, Suite 400 Chicago, Illinois 60603 Phone: 312-853-3477 Fax: 312-853-0145 Email: wbdc@wbdc.org Carol Dougal, Director 39 of 493 25 Revised 7-13 Exhibit I CITY OF EVANSTON PROFESSIONAL SERVICES AGREEMENT The parties referenced herein desire to enter into an agreement for professional services for [Insert name of the project] (“the Project”) THIS AGREEMENT (hereinafter referred to as the “Agreement”) entered into this ___ day of ________________, 20___, between the City of Evanston, an Illinois municipal corporation with offices located at 2100 Ridge Avenue, Evanston Illinois 60201 (hereinafter referred to as the “City”), and [Insert Professional Service Provider’s name here], with offices located at [Insert address here], (hereinafter referred to as the “Consultant”). Compensation for all basic Services (“the Services”) provided by the Consultant pursuant to the terms of this Agreement shall not exceed $[Insert fee here]. I. COMMENCEMENT DATE Consultant shall commence the Services on ____________ or no later than three (3) DAYS AFTER City executes and delivers this Agreement to Consultant. II. COMPLETION DATE Consultant shall complete the Services by ____________. If this Agreement provides for renewals after an initial term, no renewal shall begin until agreed to in writing by both parties prior to the completion date of this Agreement. III. PAYMENTS 40 of 493 26 Revised 7-13 City shall pay Consultant those fees as provided here: Payment shall be made upon the completion of each task for a project, as set forth in Exhibit A – Project Milestones and Deliverables. Any expenses in addition to those set forth here must be specifically approved by the City in writing in advance. IV. GENERAL PROVISIONS A. Services. Consultant shall perform the Services in a professional and workmanlike manner. All Services performed and documentation (regardless of format) provided by Consultant shall be in accordance with the standards of reasonable care and skill of the profession, free from errors or omissions, ambiguities, coordination problems, and other defects. Consultant shall take into account any and all applicable plans and/or specifications furnished by City, or by others at City’s direction or request, to Consultant during the term of this Agreement. All materials, buildings, structures, or equipment designed or selected by Consultant shall be workable and fit for the intended use thereof, and will comply with all applicable governmental requirements. Consultant shall require its employees to observe the working hours, rules, security regulations and holiday schedules of City while working and to perform its Services in a manner which does not unreasonably interfere with the City’s business and operations, or the business and operations of other tenants and occupants in the City which may be affected by the work relative to this Agreement. Consultant shall take all necessary precautions to assure the safety of its employees who are engaged in the performance of the Services, all equipment and supplies used in connection therewith, and all property of City or other parties that may be affected in connection therewith. If requested by City, Consultant shall promptly replace any employee or agent performing the Services if, in the opinion of the City, the performance of the employee or agent is unsatisfactory. Consultant is responsible for conforming its final work product to generally accepted professional standards for all work performed pursuant to this Agreement. Consultant is an independent Consultant and is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including but not limited to, Worker’s Compensation Insurance. Nothing in this Agreement accords any third-party beneficiary rights whatsoever to any non-party to this Agreement that any non-party may seek to enforce. Consultant acknowledges and agrees that should Consultant or its subconsultants provide false information, or fail to be or remain in compliance with this Agreement, the City may void this Agreement. The Consultant warrants and states that it has read the Contract Documents, and agrees to be bound thereby, including all performance guarantees as respects Consultant’s work and all indemnity and insurance requirements. The Consultant shall obtain prior approval from the City prior to subcontracting with any entity or person to perform any of the work required under this Agreement. If the Consultant subcontracts any of the services to be performed under this Agreement, the subconsultant agreement shall provide that the services to be performed under any such agreement shall not be sublet, sold, transferred, assigned or otherwise disposed of to another entity or person without the City’s prior written consent. The Consultant shall be responsible for the accuracy and quality of any 41 of 493 27 Revised 7-13 subconsultant’s work. All subconsultant agreements shall include verbatim or by reference the provisions in this Agreement binding upon Consultant as to all Services provided by this Agreement, such that it is binding upon each and every subconsultant that does work or provides Services under this Agreement. The Consultant shall cooperate fully with the City, other City contractors, other municipalities and local government officials, public utility companies, and others, as may be directed by the City. This shall include attendance at meetings, discussions and hearings as requested by the City. This cooperation shall extend to any investigation, hearings or meetings convened or instituted by OSHA relative to this Project, as necessary. Consultant shall cooperate with the City in scheduling and performing its Work to avoid conflict, delay in or interference with the work of others, if any, at the Project. Except as otherwise provided herein, the nature and scope of Services specified in this Agreement may only be modified by a writing approved by both parties. This Agreement may be modified or amended from time to time provided, however, that no such amendment or modification shall be effective unless reduced to writing and duly authorized and signed by the authorized representatives of the parties. B. Representation and Warranties. Consultant represents and warrants that: (1) Consultant possesses and will keep in force all required licenses to perform the Services, (2) the employees of Consultant performing the Services are fully qualified, licensed as required, and skilled to perform the Services. C. Termination. City may, at any time, with or without cause, terminate this Agreement upon seven (7) days written notice to Consultant. If the City terminates this agreement, the City will make payment to Consultant for Services performed prior to termination. Payments made by the City pursuant to this Agreement are subject to sufficient appropriations made by the City of Evanston City Council. In the event of termination resulting from non-appropriation or insufficient appropriation by the City Council, the City’s obligations hereunder shall cease and there shall be no penalty or further payment required. In the event of an emergency or threat to the life, safety or welfare of the citizens of the City, the City shall have the right terminate this Agreement without prior written notice. Within thirty (30) days of termination of this Agreement, the Consultant shall turn over to the City any documents, drafts, and materials, including but not limited to, outstanding work product, data, studies, test results, source documents, technical specifications and calculations, and any other such items specifically identified by the City related to the Services herein. D. Independent Consultant. Consultant’s status shall be that of an independent Consultant and not that of a servant, agent, or employee of City. Consultant shall not hold Consultant out, nor claim to be acting, as a servant, agent or employee of City. Consultant is not authorized to, and shall not, make or undertake any agreement, understanding, waiver or representation on behalf of City. Consultant shall at its own expense comply with all applicable workers compensation, unemployment insurance, 42 of 493 28 Revised 7-13 employer’s liability, tax withholding, minimum wage and hour, and other federal, state, county and municipal laws, ordinances, rules, regulations and orders. Consultant agrees to abide by the Occupational Safety & Health Act of 1970 (OSHA), and as the same may be amended from time to time, applicable state and municipal safety and health laws and all regulations pursuant thereto. E. Conflict of Interest. Consultant represents and warrants that no prior or present services provided by Consultant to third parties conflict with the interests of City in respect to the Services being provided hereunder except as shall have been expressly disclosed in writing by Consultant to City and consented to in writing to City. F. Ownership of Documents and Other Materials. All originals, duplicates and negatives of all plans, drawings, reports, photographs, charts, programs, models, specimens, specifications, AutoCad Version 2007, Excel spreadsheets, PDF, and other documents or materials required to be furnished by Consultant hereunder, including drafts and reproduction copies thereof, shall be and remain the exclusive property of City, and City shall have the unlimited right to publish and use all or any part of the same without payment of any additional royalty, charge, or other compensation to Consultant. Upon the termination of this Agreement, or upon request of City, during any stage of the Services, Consultant shall promptly deliver all such materials to City. Consultant shall not publish, transfer, license or, except in connection with carrying out obligations under this Agreement, use or reuse all or any part of such reports and other documents, including working pages, without the prior written approval of City, provided, however, that Consultant may retain copies of the same for Consultant’s own general reference. G. Payment. Invoices for payment shall be submitted by Consultant to City at the address set forth above, together with reasonable supporting documentation, City may require such additional supporting documentation as City reasonably deems necessary or desirable. Payment shall be made in accordance with the Illinois Local Government Prompt Payment Act, after City’s receipt of an invoice and all such supporting documentation. H. Right to Audit. Consultant shall for a period of three years following performance of the Services, keep and make available for the inspection, examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Consultant, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Consultant is found to have been overstated, Consultant shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection with the audit respecting such invoice. I. Indemnity. Consultant shall defend, indemnify and hold harmless the City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or 43 of 493 29 Revised 7-13 proceedings of any kind or nature, including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Consultant or Consultant’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting the City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. The Consultant shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Consultant must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Consultant of any of its obligations under this Agreement. Any settlement of any claim or suit related to this Agreement by Consultant must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. To the extent permissible by law, Consultant waives any limits to the amount of its obligations to indemnify, defend, or contribute to any sums due under any Losses, including any claim by any employee of Consultant that may be subject to the Illinois Workers Compensation Act, 820 ILCS 305/1 et seq. or any other related law or judicial decision, including but not limited to, Kotecki v. Cyclops Welding Corporation, 146 Ill. 2d 155 (1991). The City, however, does not waive any limitations it may have on its liability under the Illinois Workers Compensation Act, the Illinois Pension Code or any other statute. Consultant shall be responsible for any losses and costs to repair or remedy work performed under this Agreement resulting from or arising out of any act or omission, neglect, or misconduct in the performance of its Work or its subConsultants’ work. Acceptance of the work by the City will not relieve the Consultant of the responsibility for subsequent correction of any such error, omissions and/or negligent acts or of its liability for loss or damage resulting therefrom. All provisions of this Section shall survive completion, expiration, or termination of this Agreement. J. Insurance. Consultant shall carry and maintain at its own cost with such companies as are reasonably acceptable to City all necessary liability insurance (which shall include as a minimum the requirements set forth below) during the term of this Agreement, for damages caused or contributed to by Consultant, and insuring Consultant against claims which may arise out of or result from Consultant’s performance or failure to perform the Services hereunder: (1) worker’s compensation 44 of 493 30 Revised 7-13 in statutory limits and employer’s liability insurance in the amount of at least $500,000, (2) comprehensive general liability coverage, and designating City as additional insured for not less than $3,000,000 combined single limit for bodily injury, death and property damage, per occurrence, (3) comprehensive automobile liability insurance covering owned, non-owned and leased vehicles for not less than $1,000,000 combined single limit for bodily injury, death or property damage, per occurrence, and (4) errors and omissions or professional liability insurance respecting any insurable professional services hereunder in the amount of at least $1,000,000. Consultant shall give to the City certificates of insurance for all Services done pursuant to this Agreement before Consultant performs any Services, and, if requested by City, certified copies of the policies of insurance evidencing the coverage and amounts set forth in this Section. The City may also require Consultant to provide copies of the Additional Insured Endorsement to said policy(ies) which name the City as an Additional Insured for all of Consultant’s Services and work under this Agreement. Any limitations or modification on the certificate of insurance issued to the City in compliance with this Section that conflict with the provisions of this Section shall have no force and effect. Consultant’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to City. Consultant understands that the acceptance of certificates, policies and any other documents by the City in no way releases the Consultant and its subcontractors from the requirements set forth herein. Consultant expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy as respects the City. In the event Consultant fails to purchase or procure insurance as required above, the parties expressly agree that Consultant shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy or reimbursement, at law or in equity, against Consultant. Consultant acknowledges and agrees that if it fails to comply with all requirements of this Section, that the City may void this Agreement. K. Confidentiality. In connection with this Agreement, City may provide Consultant with information to enable Consultant to render the Services hereunder, or Consultant may develop confidential information for City. Consultant agrees (i) to treat, and to obligate Consultant’s employees to treat, as secret and confidential all such information whether or not identified by City as confidential, (ii) not to disclose any such information or make available any reports, recommendations and /or conclusions which Consultant may make for City to any person, firm or corporation or use the same in any manner whatsoever without first obtaining City’s written approval, and (iii) not to disclose to City any information obtained by Consultant on a confidential basis from any third party unless Consultant shall have first received written permission from such third party to disclose such information. Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day 45 of 493 31 Revised 7-13 extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Consultant’s control, the Consultant shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Consultant shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, is applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. L. Use of City’s Name or Picture of Property. Consultant shall not in the course of performance of this Agreement or thereafter use or permit the use of City’s name nor the name of any affiliate of City, nor any picture of or reference to its Services in any advertising, promotional or other materials prepared by or on behalf of Consultant, nor disclose or transmit the same to any other party. M. No Assignments or Subcontracts. Consultant shall not assign or subcontract all or any part or its rights or obligations hereunder without City’s express prior written approval. Any attempt to do so without the City’s prior consent shall, at City’s option, be null and void and of no force or effect whatsoever. Consultant shall not employ, contract with, or use the services of any other architect, interior designer, engineer, consultant, special contractor, or other third party in connection with the performance of the Services without the prior written consent of City. N. Compliance with Applicable Statutes, Ordinances and Regulations. In performing the Services, Consultant shall comply with all applicable federal, state, county, and municipal statutes, ordinances and regulations, at Consultant’s sole cost and expense, except to the extent expressly provided to the contrary herein. Whenever the City deems it reasonably necessary for security reasons, the City may conduct at its own expense, criminal and driver history background checks of Consultant’s officers, employees, subcontractors, or agents. Consultant shall immediately reassign any such individual who in the opinion of the City does not pass the background check. O. Liens and Encumbrances. Consultant, for itself, and on behalf of all subcontractors, suppliers, materialmen and others claiming by, through or under Consultant, hereby waives and releases any and all statutory or common law mechanics’ materialmens’ or other such lien claims, or rights to place a lien upon City property or any improvements thereon in connection with any Services performed under or in connection with this Agreement. Consultant further agrees, as and to the extent of payment made hereunder, to execute a sworn affidavit respecting the payment and lien releases of all subcontractors, suppliers and materialmen, and a release of lien respecting the Services at such time or times and in such form as may be reasonably requested by City. Consultant shall protect City from all liens for labor performed, material supplied or used by Consultant and/or any other person in connection with the Services undertaken by consultant hereunder, and shall not at 46 of 493 32 Revised 7-13 any time suffer or permit any lien or attachment or encumbrance to be imposed by any subConsultant, supplier or materialmen, or other person, firm or corporation, upon City property or any improvements thereon, by reason or any claim or demand against Consultant or otherwise in connection with the Services. P. Notices. Every notice or other communication to be given by either party to the other with respect to this Agreement, shall be in writing and shall not be effective for any purpose unless the same shall be served personally or by United States certified or registered mail, postage prepaid, addressed if to City as follows: City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201, Attention: Purchasing Division and to Consultant at the address first above set forth, or at such other address or addresses as City or Consultant may from time to time designate by notice given as above provided. Q. Attorney’s Fees. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Consultant, or arising out of a breach of this Agreement by Consultant, the City shall recover from the Consultant as part of the judgment against Consultant, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. R. Waiver. Any failure or delay by City to enforce the provisions of this Agreement shall in no way constitute a waiver by City of any contractual right hereunder, unless such waiver is in writing and signed by City. S. Severability. In the event that any provision of this Agreement should be held void, or unenforceable, the remaining portions hereof shall remain in full force and effect. T. Choice of Law. The rights and duties arising under this Agreement shall be governed by the laws of the State of Illinois. Venue for any action arising out or due to this Agreement shall be in Cook County, Illinois. The City shall not enter into binding arbitration to resolve any dispute under this Agreement. The City does not waive tort immunity by entering into this Agreement. U. Time. Consultant agrees all time limits provided in this Agreement and any Addenda or Exhibits hereto are of essence to this Agreement. Consultant shall continue to perform its obligations while any dispute concerning the Agreement is being resolved, unless otherwise directed by the City. V. Survival. Except as expressly provided to the contrary herein, all provisions of this Agreement shall survive all performances hereunder including the termination of the Consultant. VI. EQUAL EMPLOYMENT OPPORTUNITY In the event of the Consultant’s noncompliance with any provision of Section 1-12-5 of the Evanston City Code, the Illinois Human Rights Act or any other applicable law, the Consultant may be declared nonresponsible and therefore ineligible for future 47 of 493 33 Revised 7-13 contracts or subcontracts with the City, and the contract may be cancelled or voided in whole or in part, and such other sanctions or penalties may be imposed or remedies invoked as provided by statute or regulation. During the performance of the contract, the Consultant agrees as follows: A. That it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. Consultant shall comply with all requirements of City of Evanston Code Section 1-12-5. B. That, in all solicitations or advertisements for employees placed by it on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. VII. SEXUAL HARASSMENT POLICY The Consultant certifies pursuant to the Illinois Human Rights Act (775 ILCS 5/2105 et. seq.), that it has a written sexual harassment policy that includes, at a minimum, the following information: A. The illegality of sexual harassment; B. The definition of sexual harassment under State law; C. A description of sexual harassment utilizing examples; D. The Consultant’s internal complaint process including penalties; E. Legal recourse, investigation and complaint process available through the Illinois Department of Human Rights and the Human Rights Commission, and directions on how to contact both; and F. Protection against retaliation as provided to the Department of Human Rights. VIII. CONSULTANT CERTIFICATIONS A. Consultant acknowledges and agrees that should Consultant or its subconsultant provide false information, or fail to be or remain in compliance with the Agreement, the City may void this Agreement. B. Consultant certifies that it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. Section 1201 et seq.) and applicable rules in performance under this Agreement. 48 of 493 34 Revised 7-13 C. If Consultant, or any officer, director, partner, or other managerial agent of Consultant, has been convicted of a felony under the Sarbanes-Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Consultant certifies at least five years have passed since the date of the conviction. D. Consultant certifies that it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any State in the U.S., nor made any admission of guilt of such conduct that is a matter of record. (720 ILCS 5/33 E-3, E- 4). E. In accordance with the Steel Products Procurement Act, Consultant certifies steel products used or supplied in the performance of a contract for public works shall be manufactured or produced in the U.S. unless the City grants an exemption. F. Consultant certifies that it is properly formed and existing legal entity, and as applicable, has obtained an assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the Illinois Secretary of State. G. If more favorable terms are granted by Consultant to any similar governmental entity in any state in a contemporaneous agreement let under the same or similar financial terms and circumstances for comparable supplies or services, the more favorable terms shall be applicable under this Agreement. H. Consultant certifies that it is not delinquent in the payment of any fees, fines, damages, or debts to the City of Evanston. IX. INTEGRATION This Agreement, together with Exhibits A, B, C, and D sets forth all the covenants, conditions and promises between the parties with regard to the subject matter set forth herein. There are no covenants, promises, agreements, conditions or understandings between the parties, either oral or written, other than those contained in this Agreement. This Agreement has been negotiated and entered into by each party with the opportunity to consult with its counsel regarding the terms therein. No portion of the Agreement shall be construed against a party due to the fact that one party drafted that particular portion as the rule of contra proferentem shall not apply. In the event of any inconsistency between this Agreement, and any Exhibits, this Agreement shall control over the Exhibits. In no event shall any proposal or contract form submitted by Consultant be part of this Agreement unless agreed to in a writing signed by both parties and attached and referred to herein as an Addendum, and in such event, only the portions of such proposal or contract form consistent with this Agreement and Exhibits hereto shall be part hereof. 49 of 493 35 Revised 7-13 IN WITNESS WHEREOF, the parties hereto have each approved and executed this Agreement on the day, month and year first above written. CONSULTANT: CITY OF EVANSTON 2100 RIDGE AVENUE EVANSTON, IL 60201 By ________________________ By:________________________ Its: ________________________ Its: City Manager FEIN Number: _______________ Date: _____________________ Date: _______________________ 50 of 493 36 Revised 7-13 EXHIBIT A – Project Milestones and Deliverables This EXHIBIT A to that certain Consulting Agreement dated _______ between the City of Evanston, 2100 Ridge Avenue, Evanston, Illinois, 60201(“City”) and _______________ (“Consultant”) sets forth the Commencement and Completion Date, Services, Fees, and Reimbursable Expenses as follows: I. COMMENCEMENT DATE: ____________________ II. COMPLETION DATE: ________________________ III. FEES: IV. SERVICES/SCOPE OF WORK: As defined in RFP/Q #________ (Exhibit B) and Consultants Response to Proposal (Exhibit C) Dated: ______________ 51 of 493 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, February 9, 2015 Roll Call: Alderman Wilson Alderman Rainey Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Alderman Grover Alderman Wynne Absent: Alderman Burrus Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 8:20 PM after the roll call revealed a quorum. Mayor Public Announcements Mayor Tisdahl announced the death of former 3rd ward Alderman Ned Waterback City Manager Public Announcements City Manager Bobkiewicz asked Police Chief Eddington to come and give the 2014 Police Crime Statistics. Chief Eddington stated the report will be done by Commander Bill Green. The Commander gave a slide presentation of the statistics of items such as car accidents, crimes against property, bodily, burglary just to name a few. Chief Eddington th en stated an arrangement with Merit Pet Care Products The 1st Installment Property Tax Payments Due March 3, 2015 was expressed to the Council and public by Assistant City Manager Marty Lyons. Health Director Ms. Thomas-Smith announced the “Women out Walking (WOW) Kickoff & Orientation” date as Saturday, March 21, 2015. She also announced the upcoming event of the “National “Kick Butts Day” – Campaign for Tobacco Free Kids, March 18, 2015. She had everyone on the Dias to write statement to the Tobacco companies “I am not a replacement”, and a picture was taken of the complete Dias to be placed on a social media. Communications: City Clerk Clerk Greene had no communications Citizen Comments: The following persons commented on the Ladd Arboretum item: Charles Smith stated he loves Evanston & want to serve his committee and also gave 52 of 493 City Council Agenda February 9, 2015 Page 2 of 11 his history with the Arboretum. He urged the Council not to make any drastic changes. Susan Cooney the current President of Garden Council of Evanston stated the plans for the Arboretum by the Council is not what the Arboretum was intended for. Doug MacDonald former Curator of Chicago Botanical Gardens stated his primary concern is for the trees and he doesn’t understand the logic when there is an identical pathway in Tigg’s Park. He suggested the Council to postpone the project for a short period of time. Jerri Garl stated the Arboretum is a destination and not a transportation corridor, and it must be protected. Wendy Pollack is a part of Evanston’s Tree Keepers and she conquers with previous speakers. Jim LaRochelle is a former member of the Ladd Arboretum Committee, and a Board Member of the Evanston Environmental Association which voted to use the granite composition for the pathway resurfacing. Virginia Beatty suggested that people should look at the current plan of the Ecology Center dated February 2, 2015, and to share their ideas with others. Paul KlitzKie member of the Evanston Environmental Association and agrees with the previous speakers and the plans for the Arboretum should not be, instead use the monies to place sidewalks where there are none especially near his establishment. Pam Johnson she too would like to see sidewalks as the speaker before her. She stated her lack of understanding of the plan, and there has only been one public meeting that was announced one day before it happened. She requested more meetings for further discussion. Noreen Edwards Metz she stated one acre of concrete is what is planned for and it is problematic. She urged the Council not to add an acre of concrete or asphalt to LADD. Tom Kletzkie stated he concurred with all of the speakers. _______________________________________ Barbara Janes asked for clarification for her and the members of the Harley Clark Committee for what their charge is, and what is expected of them. Items not approved on Consent Agenda: (A4.1) Resolution 4-R-15, Ladd Arboretum Bike Path Project Funding Agreement with Illinois Department of Transportation (IDOT) Staff requests City Council adoption of Resolution 4-R-15, authorizing the City Manager to execute a construction funding agreement with Illinois Department of Transportation (IDOT) for the Ladd Arboretum Bike Path Project. Project funding of $465,433 is provided by FY2015 Capital Improvement Plan (CIP) (Account 416455) and by $580,000 in Federal funding through the Illinois Transportation Enhancement Program (ITEP). For Action (A4.2) Approval of Agreement with Terra Engineering, Ltd. for Construction Engineering Services for the Ladd Arboretum Bike Path, (RFQ 15-06) Staff recommends that City Council authorize the City Manager to execute a construction engineering services agreement for the Ladd Arboretum Bike Path Project with Terra Engineering Ltd. (225 W. Ohio Street, Chicago, IL) at a total cost of $73,064.25. Project funding of $465,433 is provided by FY2015 CIP (Account 416455) and by $580,000 in Federal funding through the Illinois 53 of 493 City Council Agenda February 9, 2015 Page 3 of 11 Transportation Enhancement Program (ITEP). For Action (P3) Resolution 15-R-15 designating 1823 Church Street, Evanston, Illinois, the “Morrison Cultural Center” Staff recommends approval of Resolution 15-R-15, which would designate the property located at 1823 Church Street (formerly known as the BooCoo Cultural Center) the “Morrison Cultural Center” named for Dr. William H. “Doc” Morrison. For Action (P4) 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. This ordinance was introduced at the January 26, 2014 City Council meeting. For Action (O3) Resolution 19-R-15 Authorizing the City Manager to Negotiate and Execute a Forgivable Loan Agreement with ZS Associates Resolution 19-R-15 authorizes a forgivable loan for ZS Associates in the amount of $300,000 from the Economic Development Fund to offset the cost of moving to 1560 Sherman and a portion of the build out. For Action (O4) Resolution 10-R-15 Authorizing the City Manager to Negotiate and Execute a Hotel-Motel Tax Sharing Agreement with ZS Associates, Inc. Resolution 10-R-15 authorizes an eight-year hotel-motel tax sharing agreement with ZS Associates. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of January 26, 2015. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through January 25, 2015 $2,640,312.33 (A2) FY2014 City of Evanston Bills – February 10, 2015 $1,509,705.68 FY2015 City of Evanston Bills – February 10, 2015 $2,185,481.03 Credit Card Activity for Period Ending December 31, 2014 $ 155,492.73 For Action 54 of 493 City Council Agenda February 9, 2015 Page 4 of 11 (A3.1) Approval of Annual Harley Davidson Lease Agreements with City Limits Harley Davidson Inc. for the Evanston Police Department Staff recommends that City Council authorize the City Manager to execute a one year lease agreement with City Limits Harley Davidson Inc. (2015 N. Rand Road in Palatine, IL) in the amount of $28,875 for the period of June 1, 2015 to May 31, 2016 for seven (7) leased Harley Davidson motorcycles for the Evanston Police Department. Funding is provided by the Vehicle Replacement Fund, Vehicle Lease Charges Account (7780.62402) with a FY2015 budget of $35,000.00 for this lease expense. For Action (A3.2) Approval of Contract Extension with Denler Inc. for 2015 Crack Sealing Program Staff recommends City Council authorize the City Manager to approve a contract extension for the 2015 Crack Sealing Contract with Denler Inc. (19148 S 104th Ave. Mokena, IL) in the amount of $50,000. Last year the City participated as a member of the Municipal Partnership Initiative to collectively bid this work. This is the last of two possible contract extensions. Funding is provided by the Street Maintenance Account (2670.62509), which has $70,000 budgeted for FY 2015. For Action (A3.3) Approval of 2015 Cured-In-Place Pipe Lining Contract A (Bid 15-01) Per Committee direction, this item was held to be reviewed by the Minority Women and Evanston Business (M/W/EBE) Committee and City staff. Based on this review the City Council can either: 1) award the bid to Insituform Technologies USA, LLC, (17988 Edison Ave, Chesterfield, MO) as the third lowest bidder in the amount of $310,979.10, but as the bidder in compliance with the Local Employment Program and the highest MWEBE goal response at 18.3%, or 2) award to Kenny Construction (2215 Sander Road Northbrook, IL) in the amount of $267,040.00 and accept the waiver for LEP and M/W/EBE goals. Funding is provided by the Sewer Fund, Account 515.71.7420.62461 which has an allocation of $535,000 for this type of work. This agenda item was held in Committee on January 12, 2015. For Action (A3.4) Approval of Estimated Annual User Charge for 2015 with the Metropolitan Water Reclamation District of Greater Chicago for Disposal of Sludge Staff recommends City Council authorize payment of the Annual User Charge for 2015 with the Metropolitan Water Reclamation District of Greater Chicago for disposal of sludge generated as part of the water treatment process up to the amount of $395,000. Funding is provided by the Water Fund, Account 7110.62420. This account has a budget of $395,000 specifically allocated for sludge disposal. For Action (A3.5) Approval of Expenditure of Public, Education & Government (PEG) Funds to Evanston/Skokie School District 65 and Evanston Township High School District 202 for FY2014 Equipment Purchases 55 of 493 City Council Agenda February 9, 2015 Page 5 of 11 Staff recommends City Council authorization for expenditure of $105,751.56 in Public, Education & Government (PEG) Funds for equipment purchases for the Education Channels for fiscal year 2014. Fund distribution is for $60,005.30 to District 202 and $45,746.26 to District 65. Funding is provided by the PEG Fund Revenue Account 100.15.1510.52181, which has 2014 revenue of $131,576.18. For Action (A3.6) Approval of Professional Consulting Services for Recording Landmark Status on Deeds and Inventory (RFP 14-52) Staff recommends that the City Council authorize the City Manager to negotiate and execute a contract for recording Landmark status on deeds and inventory of 477 landmark buildings with The Lakota Group (212 West Kinzie Street, Chicago, IL) at a cost of $36,153. Funding is provided by a 70/30 Grant Agreement between the State of Illinois Historic Preservation Agency (IHPA) and the City of Evanston. The City’s share (30%) is $15,960.00, which includes $11,970 in-kind (i.e. City staff time and the contribution of qualified volunteers) and $3,990 from the Community Development budget (Account 100.21.2105.62185). The total cost of the project is $53,200. For Action (A5) Resolution 17-R-15, CMAQ Application for Green Bay Road Improvement, Asbury Avenue to McCormick Blvd Staff recommends City Council adoption of Resolution 17-R-15, which authorizes the City Manager to submit a Congestion Mitigation and Air Quality Program (CMAQ) application for the Green Bay Road Improvements from Asbury Avenue to McCormick Blvd. The CMAQ funding request will be up to 80% of the project’s construction cost, or $1,920,000. The remaining 20% of the construction cost ($480,000) will be the local share which must be budgeted in the FY 2016 Capital Improvement Program. For Action (A6) Resolution 14-R-15, Dodge Avenue Bike Lane Project Funding Agreement with Illinois Department of Transportation (IDOT) Staff recommends adoption of Resolution 14-R-15, authorizing the City Manager to execute a construction funding agreement with Illinois Department of Transportation (IDOT) for the Dodge Avenue Bike Lane Project. The City received $480,000 of Congestion Mitigation Air Quality (CMAQ) Funds through the Chicago Metropolitan Planning Agency (CMAP) to construct the bike lane on Dodge Avenue from Howard Street to Church Street. The City is responsible for 20% of project costs, $120,180, which is provided by FY 2015 Capital Improvement Project Account 415.26.4150.65515. For Action (A7) Resolution 18-R-15, Motor Fuel Tax Funds for Roadway Construction Staff recommends City Council adoption of Resolution 18-R-15 authorizing the use of Motor Fuel Tax Funds (MFT) in the amount of $1,700,000 for street resurfacing. Funding is provided by the Motor Fuel Tax Fund (Fund # 200). 56 of 493 City Council Agenda February 9, 2015 Page 6 of 11 For Action (A8) Resolution 16-R-15, Regarding Transportation Network Providers (“TNP”) City staff recommends adoption of Resolution 16-R-15, regarding adoption of State of Illinois standards for Transportation Network Providers. For Action (A9) Resolution 12-R-15, Lease Terms for Studio Space at the Noyes Cultural Arts Center (NCAC) Staff recommends adoption of Resolution 12-R-15 authorizing the City Manager to enter into two new agreements for nine month lease terms for studio space at the Noyes Cultural Arts Center (NCAC) with Actors Gymnasium and Maria DeLaPaz Gaitan. For Action (A10) Ordinance 23-O-15, Authorizing Agreement for Mutual Aid Box Alarm System (M.A.B.A.S.) The Evanston Fire Department recommends City Council adoption of Ordinance 23-O-15 authorizing the Mutual Aid Box Alarm System (MABAS) First Addendum to the MABAS Master Agreement. MABAS is a mutual aid system designed to provide speed of response of emergency resources to the stricken community during an ongoing emergency. The Evanston Fire Department has been a member of the MABAS since 1989 (Ordinance 97-O-89). For Introduction (A11) Ordinance 138-O-14, Building and Zoning Permit/Inspection Fee Revisions Staff recommends City Council adoption of Ordinance 138-O-14 which includes Building and Zoning permit/inspection fee revisions to reflect current practices and standards. Proposed changes are in accordance with similarly-situated municipalities. The proposed revisions will minimally impact the 2015 Community Development budget and are projected to generate approximately additional $97,850 in revenue for the general fund (about 1% of the department’s 2014 revenue). For Introduction (A12) Ordinance 17-O-15, Regulating Commercial Refuse Receptacles Staff recommends City Council adoption of Ordinance 17-O-15, amending City Code Section 8-4-6, “General Receptacle Requirements,” by regulating commercial refuse receptacles. Ordinance 17-O-15 proposes a comprehensive regulation for commercial refuse receptacles modeled after the City of Chicago’s requirements, while tailored for the best interest of the health, safety, and welfare of City of Evanston residents. For Introduction (A13) Ordinance 15-O-15, Decreasing the Number of Class D Liquor Licenses for The Noyes Café, Inc., dba Noyes Street Cafe, 828 Noyes Street Staff recommends City Council adoption of Ordinance 15-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the 57 of 493 City Council Agenda February 9, 2015 Page 7 of 11 number of authorized Class D liquor licenses from fifty-one (51) to fifty (50), due to closing of the Noyes Café, Inc., dba Noyes Street Cafe (“Company”), 828 Noyes Street, For Introduction (A14) Ordinance 16-O-15, Amending Subsection 3-4-6-(C) of the City Code to Allow the Sale of Alcoholic Liquor on Sundays at 11:00 a.m. Local Liquor Commissioner recommends City Council adoption of Ordinance 16- O-15, which amends Evanston City Code of 2012 Subsection 3-4-6(C) to permit the retail sale of alcohol on any given Sunday beginning at 11:00 a.m. For Introduction (A15) Ordinance 150-O-14, Amending and Revising Portions of City Code Title 3, Chapter 4 “Liquor Control Regulations” Staff recommends City Council adoption of Ordinance 150-O-14, which makes minor changes to current Liquor Control Regulations to conform with any updates to the Illinois Liquor Control Act. For Introduction (A16) 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. This ordinance was introduced at the January 26, 2014 City Council meeting. For Action (A17) 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. This ordinance was introduced at the January 26, 2014 City Council meeting. For Action (A18) 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. This ordinance was introduced at the January 26, 2014 City Council meeting. For Action 58 of 493 City Council Agenda February 9, 2015 Page 8 of 11 (A19) 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. This ordinance was introduced at the January 26, 2014 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Approval of 2015 Open Communities Landlord Tenant Program The Housing and Homelessness Commission and staff recommend approval of a $35,000 renewal grant to Open Communities to continue the Evanston Landlord Tenant Program through December 31, 2015. Funding is provided by the City’s Affordable Housing Fund, Account 250.21.5465.62490 For Action (P2) Ordinance 18-O-15, Granting a Special Use for a Wholesale Goods Establishment for Few Spirits at 2308 Main Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 18-O-15 granting a special use permit for a Wholesale Goods Establishment for Few Spirits in the C1 Commercial District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. For Introduction (P5) 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. This ordinance was introduced at the January 26, 2014 City Council meeting. For Action ECONOMIC DEVELOPMENT COMMITTEE (O1) Approval of Financial Assistance through the Façade Improvement Program for Lucky Platter The Economic Development Committee and staff recommend approval of financial assistance for a façade improvement project for Lucky Platter located at 514 Main Street, on a 50/50 cost sharing basis in an amount not to exceed $10,000. Funding is provided by Business District Improvement Account (21.225.5300.65522), with a FY2015 Budget of $250,000. For Action 59 of 493 City Council Agenda February 9, 2015 Page 9 of 11 (O2) Resolution 9-R-15, Authorizing the City Manager to Negotiate the Modification of the Loan Agreement with Corrado Cutlery, 1634 Payne Street The Economic Development Committee and staff recommend City Council adoption of Resolution 9-R-15, authorizing the City Manager to negotiate a modification of the loan agreement with Corrado Cutlery. For Action (O5) Resolution 20-R-15 “Authorizing the City Manager to Initiate a Request for Qualifications and Request for Proposal Process for the Repurposing of City-Owned Real Property Located at 2222 Oakton Street” The Economic Development Committee and staff recommend City Council adoption of Resolution 20-R-15 authorizing the City Manager to initiate a Request for Qualifications and Request for Proposal Process for Repurposing of City-Owned Real Property Located at 2222 Oakton Street”. For Action Alderman Rainey motioned for approval of the Consent Agenda and it was seconded by Alderman Holmes. With a Roll Call vote of 8-0 the Consent Agenda was approved. Items for discussion: (A4.1) Resolution 4-R-15, Ladd Arboretum Bike Path Project Funding Agreement with Illinois Department of Transportation (IDOT) Staff requests City Council adoption of Resolution 4-R-15, authorizing the City Manager to execute a construction funding agreement with Illinois Department of Transportation (IDOT) for the Ladd Arboretum Bike Path Project. Project funding of $465,433 is provided by FY2015 Capital Improvement Plan (CIP) (Account 416455) and by $580,000 in Federal funding through the Illinois Transportation Enhancement Program (ITEP). For Action Alderman Holmes stated there was a long discussion in committee over concerns for the project, but then she moved for approval as the Resolution is written to go to Council with approval. Alderman Grover seconded the motion and a voice vote was taken for approval. (A4.2) Approval of Agreement with Terra Engineering, Ltd. for Construction Engineering Services for the Ladd Arboretum Bike Path, (RFQ 15-06) Staff recommends that City Council authorize the City Manager to execute a construction engineering services agreement for the Ladd Arboretum Bike Path Project with Terra Engineering Ltd. (225 W. Ohio Street, Chicago, IL) at a total cost of $73,064.25. Project funding of $465,433 is provided by FY2015 CIP (Account 416455) and by $580,000 in Federal funding through the Illinois Transportation Enhancement Program (ITEP). For Action Alderman Holmes motion for approval, but Alderman Rainey motioned to hold until the next meeting of the Council. It was seconded and a voice vote approved the motion. 60 of 493 City Council Agenda February 9, 2015 Page 10 of 11 (A13) Ordinance 15-O-15, Decreasing the Number of Class D Liquor Licenses for The Noyes Café, Inc., dba Noyes Street Cafe, 828 Noyes Street Staff recommends City Council adoption of Ordinance 15-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-one (51) to fifty (50), due to closing of the Noyes Café, Inc., dba Noyes Street Cafe (“Company”), 828 Noyes Street, For Introduction Alderman Holmes motioned for approval with Alderman Rainey seconding the motion. The motion was approved by a roll call vote of 8-0. (P3) Resolution 15-R-15 designating 1823 Church Street, Evanston, Illinois, the “Morrison Cultural Center” Staff recommends approval of Resolution 15-R-15, which would designate the property located at 1823 Church Street (formerly known as the BooCoo Cultural Center) the “Morrison Cultural Center” named for Dr. William H. “Doc” Morrison. For Action Alderman Fiske motioned to approve with amendment and it was seconded. With a voice vote it was approved. (P4) 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. This ordinance was introduced at the January 26, 2014 City Council meeting. For Action Alderman Fiske presented the ordinance and then Alderman Rainey motioned for approval with Alderman Braithwaite seconding the motion. The motion was approved after a roll call vote 7-1 (Alderman Fiske voted nay). The Economic Development Committee recommends that City Council consider adopting the following resolutions (Agenda Items O3 and O4) authorizing the City Manager to negotiate and execute a funding agreement with ZS Associates in support of the renovation of office space for a new global headquarters at One Rotary Center located at 1560 Sherman Avenue in downtown Evanston. (O3) Resolution 19-R-15 Authorizing the City Manager to Negotiate and Execute a Forgivable Loan Agreement with ZS Associates Resolution 19-R-15 authorizes a forgivable loan for ZS Associates in the amount of $300,000 from the Economic Development Fund to offset the cost of moving to 1560 Sherman and a portion of the build out. For Action Alderman Holmes motioned for approval with a second from Alderman Tendam. Roll call vote was 8-0 and the motion was approved. 61 of 493 City Council Agenda February 9, 2015 Page 11 of 11 (O4) Resolution 10-R-15 Authorizing the City Manager to Negotiate and Execute a Hotel-Motel Tax Sharing Agreement with ZS Associates, Inc. Resolution 10-R-15 authorizes an eight-year hotel-motel tax sharing agreement with ZS Associates. For Action Alderman Holmes motioned for approval and Alderman Rainey seconded the motion. A roll call vote netted 8-0 and the motion was approved. Call of the Wards Ward 4, Alderman Wilson announced his ward meeting at YMCA, Feb. 25 at 7 PM. Ward 5, Alderman Holmes regular ward meeting on Feb 19th with a Shorefront presentation, and the renaming of the 1823 Church Street building on Feb. 28th at 3 PM. Ward 6, Alderman Tendam had no report. Ward 7, Alderman Grover had no report. Ward 8, Alderman Rainey stated proposals have been put out for the recycling center and looking for entertainment and dinning venues. She wants the Legal department to provide a step by step layperson’s guide to banning weapons in multi-family buildings. Ward 1, Alderman Fiske had no report. Ward 2, Alderman Braithwaite announced a 2nd ward meeting Feb. 5th at 7 PM. Ward 3, Alderman Wynne remembered Ned’s contribution to the community and the fabulous tree house he built in his back yard, and how much he will be missed. Alderman Wilson motioned to convene to Executive Session to discuss Litigation, Personnel, and Minutes. It was seconded and with a voice vote the meeting ended at 9:47 PM. Submitted by, Hon. Rodney Greene, MMC/City Clerk 62 of 493 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, February 23, 2015 6 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. DECLARATION OF A QUORUM: ALDERMAN BURRUS, CHAIR II. APPROVAL OF MINUTES OF REGULAR MEETING OF February 9, 2015 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through February 8, 2015 $3,259,779.46 (A2) FY2014 City of Evanston Bills – February 24, 2015 $ 145,666.52 FY2015 City of Evanston Bills – February 24, 2015 $1,456,475.26 For Action (A3.1) Approval of Renewal of Printing Contract with Action Printing for the Evanston Life Magazine and Annual Summer Camp Guide Staff recommends that the City Council authorize the City Manager to execute the final year renewal of the contract option for printing and mail preparation of Evanston Life magazine and annual summer camp guide, in the amount not to exceed $62,953 with Action Printing (N6637 Rolling Meadows Drive, Fond du Lac, WI). Funding is provided by the Parks, Recreation and Community Services Department (Account 3020.62210). The contract will increase from $61,719 to $62,953, based on a 2% increase. For Action (A3.2) Approval of One-year Contract Extension with Mid American Water of Wauconda for the 2015 Water Distribution System Materials (Bid 14-06) Staff recommends that City Council authorize the City Manager to execute the one-year contract extension of the 2014 Distribution System Materials contract (Bid 14-06) with Mid American Water of Wauconda (1125 N. Old Rand Road, Wauconda, IL) in the amount of $64,739.55. Funding is provided by the Water Fund, Account 510.71.7115.65055, with an FY2015 budget allocation of $125,000. There will be no price increase for this contract extension. For Action Page 1; Rev. 2/19/2015 5:02:50 PM 63 of 493 (A3.3) Approval of Contract with G & M Trucking, Inc. for Purchase of 2015 Granular Materials for the Utilities Department (Bid 15-07) Staff recommends that City Council authorize the City Manager to execute a one- year contract for the purchase of Granular Materials with G & M Trucking, Inc. (8811 Kathy Lane, Des Plaines, IL) in the amount of $35,828.00. Funding is provided from the Water Fund Account 510.71.7115.65055 and the Sewer Fund Account 515.71.7400.65055 with a total FY2015 budget of $60,000. For Action (A3.4) Approval of Renewal of Annual Cityworks Maintenance and Support Agreement with Azteca Systems Inc. Staff recommends that City Council authorize the City Manager to execute a renewal of the annual sole source maintenance and support agreement for the term February 21, 2015 through February 20, 2016 with Azteca Systems Inc. (11075 South State Street, Sandy, UT) for Cityworks work order and service request management software, in the amount of $22,405, which includes no cost increase from 2014. Funding is provided by the Public Works Department ($9,602.14 from Account 2670.62509), and the Utilities Department ($10,702.86 from Account 7125.62340 and $2,100 from Account 7410.62340. For Action (A3.5) Approval of Four Vehicle Purchases for Utilities Department from Currie Motors and Standard Equipment Company Staff recommends City Council approval for the purchase of three (3) replacements and one (1) new vehicle for the Utilities Department in the total amount of $412,675.00 from Currie Motors, (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $61,080 for two Ford F-250 trucks, and from Standard Equipment (2033 W. Walnut Street, Chicago, IL) in the amount of $351,595 for Vactor and sewer rodder. Funding is provided by the Water Fund (Account 510.71.7130.65550) which has a FY2015 budget allocation of $346,500, and the Sewer Fund (515.71.7400.65550), which has a FY2015 budget allocation of $95,000. For Action (A3.6) Approval of 2015 Fuel Purchases from Palatine Oil Company Staff recommends City Council authorize the City Manager to execute a one-year agreement to purchase fuel in the amount of $792,000 from Palatine Oil Company Incorporated, (900 National Parkway, Suite 260, Schaumburg, IL). Funding is provided from the Fleet Services Major Maintenance Budget (Account 600.26.7710.65035), and will be split between two fiscal years, 2015 ($660,000) and 2016 ($132,000). For Action Page 2; Rev. 2/19/2015 5:02:50 PM 64 of 493 (A3.7) Approval of Consulting Services Agreement for the Clark Street Beach Bird Habitat Restoration Project (RFP 14-66) Staff recommends that City Council authorize the City Manager to execute a consulting services agreement for the Clark Street Beach Bird Habitat Restoration Project with Kettelkamp & Kettelkamp Landscape Architecture (1315 Sherman Place, Evanston, IL) at a total cost of $27,500.50. Funding is provided in the FY 2015 Capital Improvement Plan (CIP) #415424 with a total budget of $173,000. For Action (A3.8) Approval of Contract for Repair and Repainting of the North and South Standpipes (Bid 15-03) Staff recommends that City Council authorize the City Manager to execute an agreement for the Repair and Repainting of the North and South Standpipes with American Suncraft Construction Co. (10836 Schiller Road, Medway, OH) in the amount of $3,271,043. Staff also recommends accepting the total M/W/EBE waiver request and the partial LEP waiver request, subject to the final analysis of the certified payroll. Funding is provided by the Water Fund (Account 513.71.7330.65515 - 733092), with a FY2015 budget of $3,500,000. For Action (A3.9) Approval of Emerson/Ridge/Green Bay Intersection and Green Bay Road Corridor Phase II Engineering Services Contract with ESI Consultants, Ltd., (RFQ 13-12) Staff recommends City Council authorize the City Manager to execute an agreement for the Phase II Engineering Services with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL 60563) in the amount of $499,880.52 for the selected option of the Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvement Project. Funding will be provided by the FY 2015 CIP Funds (415.26.4150.65515/415942) and (415.26.4150.65515/415855) in the amount of $354,000.00. For Action (A4) Approval of Change Order No. 2 for Automatic Meter Information System Project Staff recommends City Council authorize the City Manager to execute Change Order No. 2 for the Automatic Meter Information System (RFP 13-04) with Water Resources Inc. (390 Sadler Ave., Elgin, IL). This Change Order will decrease the contract amount by $25,332.50 from $2,276,392.50 to $2,251,060.00 and extend the contract duration by 88 days to February 17, 2015. For Action Page 3; Rev. 2/19/2015 5:02:50 PM 65 of 493 (A5) Authorization for Homeland Security and Emergency Management Grant Application Staff requests authorization for the City Manager to apply for the Homeland Security and Emergency Management Grant, Body-Worn Camera Problem- Solving Program, Competitive ID # BDA -2015-4067. The City of Evanston will be responsible for portions of the matching grant, although the bulk of funds will be provided by the Bureau of Justice Administration through the Cook County Department of Homeland Security and Emergency Management. Evanston’s actual funding responsibility will depend upon the total amount of the grant. For Action (A6) Ordinance 29-O-15, Authorizing the City Manager to Negotiate with National School Towel Service, Inc. for the Sale of City-Owned Real Property Located at 1821 Ridge Avenue Staff recommends adoption of Ordinance 29-O-15, “Authorizing the City Manager to Negotiate with National Towel Service, Inc. for the Sale of City- Owned Real Property Located at 1821 Ridge Avenue, Evanston, Illinois.” The sale of City-owned real property is a two-step process; an ordinance must be adopted to authorize the City Manager to negotiate the sale of property followed by an ordinance at a later date that authorizes the City Manager to execute a sales contract that memorializes said negotiations. A two-thirds majority of City Council is required to adopt Ordinance 29-O-15. Suspension of the Rules is requested for introduction and adoption by City Council on February 23, 2015. For Introduction and Action (A7) Ordinance 126-O-14, Increasing the Number of Class F Liquor Licenses for Highland Park CVS, LLC d/b/a CVS Pharmacy #8760, 3333 Central Street Staff recommends City Council adoption of Ordinance 126-O-14, which amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, to increase the number of authorized Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Highland Park CVS, LLC d/b/a CVS Pharmacy #8760, 3333 Central Street. This ordinance was held in Committee on October 27, 2014. For Introduction IV. DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Page 4; Rev. 2/19/2015 5:02:50 PM 66 of 493 Administration and Public Works Committee Meeting Minutes of February 9, 2015 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, J. Grover, P. Braithwaite, A. Rainey STAFF PRESENT: W. Bobkiewicz, M. Lyons, G. Farrar, S. Robinson, J. Williams- Kinsel, J. Maiworm, E. Thomas-Smith MEMBERS ABSENT: C. Burrus STAFF ABSENT: D. Stoneback, B. Dorneker, M. Muenzer, M. Sumar, L. Biggs, Chief Klaiber, C. Hurley, R. Voss, A. Porta, A. Thorpe PRESIDING OFFICIAL: Ald. Holmes I. DECLARATION OF A QUORUM: ALDERMAN HOLMES, CHAIR A quorum being present, Ald. Holmes called the meeting to order at 6:14 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF January 26, 2015 Ald . Rainey moved to approve the minutes of the January 26, 2015 A&PW meeting as submitted, seconded by Ald. Braithwaite. The minutes of the January 26, 2015 meeting were approved unanimously 4-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through January 25, 2015 $2,640,312.33 For Action Ald. Holmes moved to approve the City of Evanston Payroll (A1) through January 25, 2015, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to approve the payroll. (A2) FY2014 City of Evanston Bills – February 10, 2015 $1,509,705.68 FY2015 City of Evanston Bills – February 10, 2015 $2,185,481.03 Credit Card Activity for Period Ending December 31, 2014 $ 155,492.73 For Action Ald. Rainey moved to approve the City of Evanston Bills for fiscal year 2014 through February 10, 2015 and the City of Evanston Bills for fiscal year 2015 through February 10, 2015 and the Credit Card Activity through December 31, 2014, seconded by Ald. Grover DRAFT – NOT APPROVED 67 of 493 Administration and Public Works Committee Meeting Minutes of 2-9-15 Page 2 of 11 The Committee voted unanimously 4-0 to approve the bills and Credit Card Activity. (A3.1) Approval of Annual Harley Davidson Lease Agreements with City Limits Harley Davidson Inc. for the Evanston Police Department Staff recommends that City Council authorize the City Manager to execute a one year lease agreement with City Limits Harley Davidson Inc. (2015 N. Rand Road in Palatine, IL) in the amount of $28,875 for the period of June 1, 2015 to May 31, 2016 for seven (7) leased Harley Davidson motorcycles for the Evanston Police Department. Funding is provided by the Vehicle Replacement Fund, Vehicle Lease Charges Account (7780.62402) with a FY2015 budget of $35,000.00 for this lease expense. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a one year lease agreement with City Limits Harley Davidson Inc. (2015 N. Rand Road in Palatine, IL) in the amount of $28,875 for the period of June 1, 2015 to May 31, 2016 for seven (7) leased Harley Davidson motorcycles for the Evanston Police Department, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend execution of the lease agreement. (A3.2) Approval of Contract Extension with Denler Inc. for 2015 Crack Sealing Program Staff recommends City Council authorize the City Manager to approve a contract extension for the 2015 Crack Sealing Contract with Denler Inc. (19148 S 104th Ave. Mokena, IL) in the amount of $50,000. Last year the City participated as a member of the Municipal Partnership Initiative to collectively bid this work. This is the last of two possible contract extensions. Funding is provided by the Street Maintenance Account (2670.62509), which has $70,000 budgeted for FY 2015. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to approve a contract extension for the 2015 Crack Sealing Contract with Denler Inc. (19148 S 104th Ave. Mokena, IL) in the amount of $50,000, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to recommend approval of the contract extension. (A3.3) Approval of 2015 Cured-In-Place Pipe Lining Contract A (Bid 15-01) Per Committee direction, this item was held to be reviewed by the Minority Women and Evanston Business (M/W/EBE) Committee and City staff. Based on this review the City Council can either: 1) award the bid to Insituform Technologies USA, LLC, (17988 Edison Ave, Chesterfield, MO) as the third lowest bidder in the amount of $310,979.10, but as the bidder in compliance with the Local Employment Program and the highest MWEBE goal response at 18.3%, or 2) award to Kenny Construction (2215 Sander Road Northbrook, IL) in 68 of 493 Administration and Public Works Committee Meeting Minutes of 2-9-15 Page 3 of 11 the amount of $267,040.00 and accept the waiver for LEP and M/W/EBE goals. Funding is provided by the Sewer Fund, Account 515.71.7420.62461 which has an allocation of $535,000 for this type of work. This agenda item was held in Committee on January 12, 2015. For Action Ald. Grover moved to recommend awarding the bid to Kenny Construction (2215 Sander Road Northbrook, IL) in the amount of $267,040.00, but not accept the request to waive the LEP and M/W/EBE requirements, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to recommend awarding the bid to Kenny Construction, and not waive the LEP and M/W/EBE goals. (A3.4) Approval of Estimated Annual User Charge for 2015 with the Metropolitan Water Reclamation District of Greater Chicago for Disposal of Sludge Staff recommends City Council authorize payment of the Annual User Charge for 2015 with the Metropolitan Water Reclamation District of Greater Chicago for disposal of sludge generated as part of the water treatment process up to the amount of $395,000. Funding is provided by the Water Fund, Account 7110.62420. This account has a budget of $395,000 specifically allocated for sludge disposal. For Action Ald. Holmes moved to recommend City Council authorize payment of the Annual User Charge for 2015 with the Metropolitan Water Reclamation District of Greater Chicago for the disposal of sludge generated as part of the water treatment process up to the amount of $395,000, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to recommend payment of the Annual User Charge. (A3.5) Approval of Expenditure of Public, Education & Government (PEG) Funds to Evanston/Skokie School District 65 and Evanston Township High School District 202 for FY2014 Equipment Purchases Staff recommends City Council authorization for expenditure of $105,751.56 in Public, Education & Government (PEG) Funds for equipment purchases for the Education Channels for fiscal year 2014. Fund distribution is for $60,005.30 to District 202 and $45,746.26 to District 65. Funding is provided by the PEG Fund Revenue Account 100.15.1510.52181, which has 2014 revenue of $131,576.18. For Action Ald. Braithwaite moved to recommend City Council authorize expenditure of $105,751.56 in Public, Education & Government (PEG) Funds for equipment purchases for the Education Channels for fiscal year 2014, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend City Council authorize the expenditure. 69 of 493 Administration and Public Works Committee Meeting Minutes of 2-9-15 Page 4 of 11 (A3.6) Approval of Professional Consulting Services for Recording Landmark Status on Deeds and Inventory (RFP 14-52) Staff recommends that the City Council authorize the City Manager to negotiate and execute a contract for recording Landmark status on deeds and inventory of 477 landmark buildings with The Lakota Group (212 West Kinzie Street, Chicago, IL) at a cost of $36,153. Funding is provided by a 70/30 Grant Agreement between the State of Illinois Historic Preservation Agency (IHPA) and the City of Evanston. The City’s share (30%) is $15,960.00, which includes $11,970 in-kind (i.e. City staff time and the contribution of qualified volunteers) and $3,990 from the Community Development budget (Account 100.21.2105.62185). The total cost of the project is $53,200. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to negotiate and execute a contract for recording Landmark status on deeds and inventory of 422 landmark buildings with the Lakota Group (212 West Kinzie Street, Chicago, IL) at a cost of 436,153, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend negotiation and execution of the contract. An overview memo of the Ladd Arboretum Bike Path Project precedes the following two agenda Items for Action (A4.1 and A4.2). (A4.1) Resolution 4-R-15, Ladd Arboretum Bike Path Project Funding Agreement with Illinois Department of Transportation (IDOT) Staff requests City Council adoption of Resolution 4-R-15, authorizing the City Manager to execute a construction funding agreement with Illinois Department of Transportation (IDOT) for the Ladd Arboretum Bike Path Project. Project funding of $465,433 is provided by FY2015 Capital Improvement Plan (CIP) (Account 416455) and by $580,000 in Federal funding through the Illinois Transportation Enhancement Program (ITEP). For Action Ald. Grover moved to recommend City Council adopt resolution 4-R-15, authorizing the City Manager to execute a construction funding agreement with Illinois Department of Transportation (IDOT) for the Ladd Arboretum Bike Path Project, seconded by Ald. Braithwaite. Citizen Comments 11 residents spoke against the resolution. Pam Johnson spoke against adoption of the resolution. She stated that crushed granite was the material of choice in the master plan and discussed the negative aspects of the alternatives and the way the decision was made. 70 of 493 Administration and Public Works Committee Meeting Minutes of 2-9-15 Page 5 of 11 Charles Smith spoke against adoption of the resolution. He highlighted several development projects and the surrounding public hearings and discussed ways asphalt and concrete would adversely affect the ambiance of the area. Wendy Pollock spoke against adoption of the resolution. She spoke of her affiliations with the Arboretum and shared her concerns with the project. She urged the Committee to reconsider. Virginia Bealty spoke against adoption of the resolution. She presented a diagram of the trees that would be lost and offered other suggestions for improvements. Tim Klitzkre spoke against adoption of the resolution. He spoke in favor of crushed granite. Jim La Rochelle spoke against adoption of the resolution. He spoke in support of crushed granite and highlighted the perceived negative effects of the proposed plan. Noreen Edwards Metz spoke against adoption of both resolutions. She stated several perceived negative environmental aspects of the project and all of the negative chemicals associated with the proposed path materials. Jerri Garl spoke against adoption of the resolution. Doug McDonald spoke against adoption of the resolution. He talked about the other paths available for use. Emma Garl Smith spoke against adoption of the resolution. Susan Cooney spoke against adoption of the resolution. She stated that the plan was not accurate. She also questioned the lack of public hearings. Ald. Rainey opened the discussion by asking about the benefits of crushed gravel. She suggested that the sidewalk go on McCormick and urged the use of Twiggs parks. Ald. Grover agreed that Twiggs park was great but pointed out that kids take the most direct route which is along McCormick. Ald. Holmes stated that there was a community of wheelchair bound people at Over the Rainbow who would benefit greatly from a paved road. Ald. Grover stated that the proposed path is designed to be multiuse and detailed her conversations with Arbor and City staff. She stated that the use has changed since the Master Plan and that the goal is for the path to be serviceable year round. She also noted that 8 feet is the minimum width to meet ADA requirements and that the path needs renovations. 71 of 493 Administration and Public Works Committee Meeting Minutes of 2-9-15 Page 6 of 11 Ald. Rainey asked how the City should respond to people who care for it. She also asked about outreach to Over the Rainbow. She speculated if crushed granite could support wheelchairs and noted that many sidewalks are not accessible. Ald. Holmes relayed a message from Jan Weeks, a resident who couldn’t attend the meeting. The resident asked that the Committee support the resolution. Ald. Holmes stated that there are residents who support this resolution. There was further discussion about the accessibility of sidewalks in winter. Director Suzette Robinson stated that the sidewalk would be accessible and ADA compliant and would connect Bridge Street to Green Bay Road. Ald. Grover asked about the cost of replacing the road with crushed granite. Director Robinson stated that the cost would be similar to the permeable concrete. There was discussion around the cost of different options. Ald. Braithwaite asked if the crushed granite was able to be plowed. Director Robinson stated that she believes it is not able to be plowed. There was discussion about plowing crushed gravel and permeable concrete and questions around the environmental impact of both. Senior Engineer Sat Nagar stated that porous concrete is a sustainable material and that water percolates through it. He stated that it wouldn’t take the weight of a plow. Ald. Rainey asked about the negative environmental impacts of both. Mr. Nagar stated that the excavation process for crushed granite and permeable concrete are the same, but that crushed granite isn’t porous. Ald. Grover asked about maintenance costs of crushed granite and porous concrete. Mr. Nagar talked about other locations were porous concrete was used and the maintenance involved. City Manager Wally Bobkiewicz asked if the Committee’s vision for the path is to preserve the natural aesthetic or make it more functional. The Committee had several options including holding the issue in committee, however, holding it could jeopardize the grant available to make the path more multimodal. 72 of 493 Administration and Public Works Committee Meeting Minutes of 2-9-15 Page 7 of 11 There was further discussion about the different options for the path, accessibility, and the longevity of different materials. The Committee also discussed project costs and concerns over the different options. Ald. Holmes suggested more time. Mr. Bobkiewicz requested additional direction if the issue remains in Committee. He also suggested forwarding the issue to City Council. He confirmed the two choices; asphalt and permeable concrete. Ald. Rainey stated that she was surprised by the cost of the crushed granite and the maintenance involved and requested more information confirming the cost and maintenance. She stated her support for the porous concrete. Mr. Bobkiewicz asked if the sidewalk was still something the Committee wanted to deliberate. Ald. Braithwaite asked about the benefits of the sidewalk and if one option, assault or permeable concrete, would eliminate the sidewalk. Mr. Bobkiewicz restated the issues staff would research and talked about the timeframe of the project. Ald. Rainey expressed concern that grants would be lost and questioned whether staff could work with the Ladd Arboretum Committee. Ald. Rainey suggested moving the issue to City Council. For Action After discussion, the Committee voted unanimously to remove this item from the consent agenda and send to City Council for discussion. (A4.2) Approval of Agreement with Terra Engineering, Ltd. for Construction Engineering Services for the Ladd Arboretum Bike Path, (RFQ 15-06) Staff recommends that City Council authorize the City Manager to execute a construction engineering services agreement for the Ladd Arboretum Bike Path Project with Terra Engineering Ltd. (225 W. Ohio Street, Chicago, IL) at a total cost of $73,064.25. Project funding of $465,433 is provided by FY2015 CIP (Account 416455) and by $580,000 in Federal funding through the Illinois Transportation Enhancement Program (ITEP). For Action Ald. Grover moved to remove A4.2 Approval of Agreement with Terra Engineering, Ltd. For Construction Engineering Services for the Ladd Arboretum Bike Path from the consent agenda and send to City Council for discussion, seconded by Ald. Braithwaite. The Committee voted unanimously to remove this item from the consent agenda and send to City Council for discussion. 73 of 493 Administration and Public Works Committee Meeting Minutes of 2-9-15 Page 8 of 11 (A5) Resolution 17-R-15, CMAQ Application for Green Bay Road Improvement, Asbury Avenue to McCormick Blvd Staff recommends City Council adoption of Resolution 17-R-15, which authorizes the City Manager to submit a Congestion Mitigation and Air Quality Program (CMAQ) application for the Green Bay Road Improvements from Asbury Avenue to McCormick Blvd. The CMAQ funding request will be up to 80% of the project’s construction cost, or $1,920,000. The remaining 20% of the construction cost ($480,000) will be the local share which must be budgeted in the FY 2016 Capital Improvement Program. For Action Ald. Holmes moved to recommend City Council adopt resolution 17-R-15, which authorizes the City Manager to submit a Congestion Mitigation and Air Quality Program (CMAQ) application for the Green Bay Road Improvements from Asbury Avenue to McCormick Blvd., seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A6) Resolution 14-R-15, Dodge Avenue Bike Lane Project Funding Agreement with Illinois Department of Transportation (IDOT) Staff recommends adoption of Resolution 14-R-15, authorizing the City Manager to execute a construction funding agreement with Illinois Department of Transportation (IDOT) for the Dodge Avenue Bike Lane Project. The City received $480,000 of Congestion Mitigation Air Quality (CMAQ) Funds through the Chicago Metropolitan Planning Agency (CMAP) to construct the bike lane on Dodge Avenue from Howard Street to Church Street. The City is responsible for 20% of project costs, $120,180, which is provided by FY 2015 Capital Improvement Project Account 415.26.4150.65515. For Action Ald. Braithwaite moved to recommend City Council adopt Resolution 14-R- 15, authorizing the City Manager to execute a construction funding agreement with Illinois Department of Transportation (IDOT) for the Dodge Avenue Bike Lane Project, seconded by Ald. Grover. Ald. Rainey highlighted one family’s request at a Ward meeting, to have the bike lane painted green to improve safety. She amended the motion to include painting of the bike lane. The Committee voted unanimously 4-0 to recommend adoption of the amended resolution. (A7) Resolution 18-R-15, Motor Fuel Tax Funds for Roadway Construction Staff recommends City Council adoption of Resolution 18-R-15 authorizing the use of Motor Fuel Tax Funds (MFT) in the amount of $1,700,000 for street resurfacing. Funding is provided by the Motor Fuel Tax Fund (Fund # 200). For Action 74 of 493 Administration and Public Works Committee Meeting Minutes of 2-9-15 Page 9 of 11 Ald. Rainey moved to recommend City Council adopt Resolution 18-R-15 authorizing the use of Motor Fuel Tax Funds (MFT) in the amount of $1,700,000 for street resurfacing, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A8) Resolution 16-R-15, Regarding Transportation Network Providers (“TNP”) City staff recommends adoption of Resolution 16-R-15, regarding adoption of State of Illinois standards for Transportation Network Providers. For Action Ald. Grover moved to recommend City Council adopt Resolution 16-R-15, regarding adoption of State of Illinois standards for Transportation Network Providers, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A9) Resolution 12-R-15, Lease Terms for Studio Space at the Noyes Cultural Arts Center (NCAC) Staff recommends adoption of Resolution 12-R-15 authorizing the City Manager to enter into two new agreements for nine month lease terms for studio space at the Noyes Cultural Arts Center (NCAC) with Actors Gymnasium and Maria DeLaPaz Gaitan. For Action Ald. Holmes moved to recommend City Council adopt Resolution 12-R-15 authorizing the City Manager to enter into two new agreements for nine month lease terms for studio space at the Noyes Cultural Arts Center (NCAC) with Actors Gymnasium and Maria DeLaPaz Gaitan, seconded by Ald. . The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A10) Ordinance 23-O-15, Authorizing Agreement for Mutual Aid Box Alarm System (M.A.B.A.S.) The Evanston Fire Department recommends City Council adoption of Ordinance 23-O-15 authorizing the Mutual Aid Box Alarm System (MABAS) First Addendum to the MABAS Master Agreement. MABAS is a mutual aid system designed to provide speed of response of emergency resources to the stricken community during an ongoing emergency. The Evanston Fire Department has been a member of the MABAS since 1989 (Ordinance 97-O-89). For Introduction Ald. Braithwaite moved to recommend City Council adopt Ordinance 23-O- 15 authorizing the Mutual Aid Box Alarm System (MABAS) First Addendum to the MABAS Master Agreement, seconded by Ald. Rainey. 75 of 493 Administration and Public Works Committee Meeting Minutes of 2-9-15 Page 10 of 11 The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (A11) Ordinance 138-O-14, Building and Zoning Permit/Inspection Fee Revisions Staff recommends City Council adoption of Ordinance 138-O-14 which includes Building and Zoning permit/inspection fee revisions to reflect current practices and standards. Proposed changes are in accordance with similarly-situated municipalities. The proposed revisions will minimally impact the 2015 Community Development budget and are projected to generate approximately additional $97,850 in revenue for the general fund (about 1% of the department’s 2014 revenue). For Introduction Ald. Rainey moved to recommend City Council adopt Ordinance 138-O-14 which includes Building and Zoning permit/inspection fee revisions to reflect current practices and standards, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (A12) Ordinance 17-O-15, Regulating Commercial Refuse Receptacles Staff recommends City Council adoption of Ordinance 17-O-15, amending City Code Section 8-4-6, “General Receptacle Requirements,” by regulating commercial refuse receptacles. Ordinance 17-O-15 proposes a comprehensive regulation for commercial refuse receptacles modeled after the City of Chicago’s requirements, while tailored for the best interest of the health, safety, and welfare of City of Evanston residents. For Introduction Ald. Grover moved to recommend City Council adopt Ordinance 17-O-15, amending City Code Section 8-4-6, “General Receptacle Requirements,” by regulating commercial refuse receptacles, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (A13) Ordinance 15-O-15, Decreasing the Number of Class D Liquor Licenses for The Noyes Café, Inc., dba Noyes Street Cafe, 828 Noyes Street Staff recommends City Council adoption of Ordinance 15-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-one (51) to fifty (50), due to closing of the Noyes Café, Inc., dba Noyes Street Cafe (“Company”), 828 Noyes Street, For Introduction Ald. Holmes moved to suspend the rules and adopt Ordinance 15-O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to decrease the number of authorized Class D liquor licenses from fifty-one (51) to (50), due to closing of the Noyes Café, Inc., dba Noyes Street Café (“Company”), seconded by Ald. Braithwaite. 76 of 493 Administration and Public Works Committee Meeting Minutes of 2-9-15 Page 11 of 11 The Committee voted unanimously 4-0 to suspend the rules and adopt Ordinance 15-O-15. (A14) Ordinance 16-O-15, Amending Subsection 3-4-6-(C) of the City Code to Allow the Sale of Alcoholic Liquor on Sundays at 11:00 a.m. Local Liquor Commissioner recommends City Council adoption of Ordinance 16- O-15, which amends Evanston City Code of 2012 Subsection 3-4-6(C) to permit the retail sale of alcohol on any given Sunday beginning at 11:00 a.m. For Introduction Ald. Rainey moved to recommend City Council adopt Ordinance 16-O-15, Amending Subsection 3-4-6-(C) of the City Code to permit the retail sale of alcohol on any given Sunday beginning at 11:00 am, seconded by Ald. Grover. Chad Stalbaum spoke in support of adoption of the ordinance. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (A15) Ordinance 150-O-14, Amending and Revising Portions of City Code Title 3, Chapter 4 “Liquor Control Regulations” Staff recommends City Council adoption of Ordinance 150-O-14, which makes minor changes to current Liquor Control Regulations to conform with any updates to the Illinois Liquor Control Act. For Introduction Ald. Grover moved to recommend City Council adopt Ordinance 150-O-14, which makes minor changes to current Liquor Control Regulations to conform with any updates to the Illinois Liquor Control Act, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to adopt the ordinance. V. COMMUNICATIONS VI. ADJOURNMENT Ald. Holmes moved to adjourn, seconded by Ald. Grover. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 7:33 pm. Respectfully submitted, Jessica Wingader 77 of 493 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: February 18, 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 – January 26, 2015 through February 8, 2015 $3,259,779.46 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – February 24, 2015 FY: 2014 $ 145,666.52 General Fund Amount – Bills list $ 118,616.07 FY: 2015 $ 1,456,475.26 General Fund Amount – Bills list $ 455,435.85 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 4,861,921.24 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Attachments: Bills List For City Council meeting of February 23, 2015 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 78 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY14 100 GENERAL FUND 1510 PUBLIC INFORMATION 64004 EVANSTON TOWNSHIP HIGH SCHOOL PEG FUND DISTRIBUTION FOR EQUIPMENT 60,005.11 64004 EVANSTON/SKOKIE SCHOOL DISTRICT 65 PEG FUND DISTRIBUTION FOR EQUIPMENT 45,746.26 1510 PUBLIC INFORMATION Total 105,751.37 2260 OFFICE OF ADMINISTRATION 65555 NETRIX INC WIRELESS ACCESS POINTS EPD 1,476.54 2260 OFFICE OF ADMINISTRATION Total 1,476.54 2677 FACILITIES 65050 SIMPLEX GRINNELL FIRE PROTECTION SYSTEM TEST FOR CIVIC CENTER 5,238.16 2677 FACILITIES Total 5,238.16 3710 NOYES CULTURAL ARTS CENTER 65050 PETE THE PAINTER PAINT ROOM 105 AT NOYES 3,150.00 65050 VALUE REMODELING INC PAINT ROOM 103 AT NOYES 3,000.00 3710 NOYES CULTURAL ARTS CENTER Total 6,150.00 100 GENERAL FUND Total 118,616.07 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415827 65510 O'HARA CONSTRUCTION FIRE STATION #2 INTERIOR RENOVATION 27,050.45 4150 CAPITAL PROJECTS Total 27,050.45 415 CAPITAL IMPROVEMENTS FUND Total 27,050.45 Grand Total 145,666.52 179 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2014 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT 0.00 Grand Total 145,666.52 PREPARED BY DATE APPROVED BY DATE 280 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 100 GENERAL FUND 100 GENERAL SUPPORT 10260 CITY OF EVANSTON PETTY CASH PETTY CASH 830.44 21639 EYE MED VISION CARE EYEMED-MONTHLY INVOICE-FEBRUARY 3,226.04 21640 METLIFE SMALL BUSINESS CENTER METLIFE DENTAL-MONTHLY INVOICE-FEBRUARY 20,565.96 21640 METLIFE SMALL BUSINESS CENTER METLIFE DENTAL-MONTHLY INVOICE-JANUARY 20,853.96 22725 VERIZON WIRELESS *COMMUNICATION CHARGES 16,045.15 22725 VERIZON WIRELESS COMMUNICATION CHARGES 4,825.39 41332 ILLINOIS DEPT OF REVENUE *SALES TAX JANUARY 27.00 100 GENERAL SUPPORT Total 66,373.94 1300 CITY COUNCIL 62456 ON TRACK FULFILLMENT INC.POSTCARD PRINTING 640.70 1300 CITY COUNCIL Total 640.70 1400 CITY CLERK 65095 OFFICE DEPOT OFFICE SUPPLIES 267.88 1400 CITY CLERK Total 267.88 1505 CITY MANAGER 62295 CHICAGO LATIN FITNESS YOGA SESSIONS 552.00 65095 OFFICE DEPOT OFFICE SUPPLIES 509.80 1505 CITY MANAGER Total 1,061.80 1510 PUBLIC INFORMATION 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 62506 NORTHWESTERN UNIVERSITY WORK STUDY CHARGES 994.93 1510 PUBLIC INFORMATION Total 1,033.93 1580 COMMUNITY ARTS 66040 ALLEGRA PRINT & IMAGING VELCRO BANNER PATCH 105.00 66040 OFFICE DEPOT OFFICE SUPPLIES 32.55 1580 COMMUNITY ARTS Total 137.55 1705 LEGAL ADMINISTRATION 65010 DRIVERS LICENSE GUIDE I.D. CHECKING GUIDES 2,048.00 65095 OFFICE DEPOT OFFICE SUPPLIES 105.64 1705 LEGAL ADMINISTRATION Total 2,153.64 1910 FINANCE DIVISION - REVENUE 52010 HARMON, EMMA SENIOR RESIDENT EBC32201628 PAID FULL RATE 37.50 52010 CORNEW, STUART PAID 150.00 FOR 2 WHEEL TAX. ONLY 1 ACTIVE 75.00 52010 PIERCE, MICHAEL PAID FR WHEEL TAX WITH CHECK AND ONLINE 75.00 52010 WOODRING, ROBERT VEHICLE TOTALED. PAID FOR WHEEL TAX AND PERMIT 75.00 52010 GRUBISICH, VERNON SENIOR PAID FULL RATE. EBC 32202996 37.50 52010 COX, FRANCES DUPLICATE PAYMENT FOR WHEEL TAX (LIC:3288733)75.00 62315 NEOPOST LEASE PAYMENT 1,125.00 62431 DUNBAR ARMORED PARKING REVENUE 2,439.59 64541 AZAVAR TECHNOLOGIES UTILITY TAX AUDIT 51.92 1910 FINANCE DIVISION - REVENUE Total 3,991.51 1915 HUMAN RESOURCE DIVI. - PAYROLL 65095 OFFICE DEPOT OFFICE SUPPLIES 22.01 65095 TEUTEBERG INC W-2 FORMS AND ENVELOPES 642.65 1915 HUMAN RESOURCE DIVI. - PAYROLL Total 664.66 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICE 2,691.08 62185 ACCOUNTEMPS COLLECTIONS COORD 2,214.00 62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 82.44 65095 TEUTEBERG INC 1099 FORMS 72.93 65095 TEUTEBERG INC W-2 FORMS AND ENVELOPES 49.69 1920 FINANCE DIVISION - ACCOUNTING Total 5,110.14 1925 FINANCE DIVISION - PURCHASING 65095 OFFICE DEPOT OFFICE SUPPLIES 66.61 1925 FINANCE DIVISION - PURCHASING Total 66.61 1929 HUMAN RESOURCE DIVISION 62160 THEODORE POLYGRAPH SERVICE, INC.POLICE RECRUITMENT 600.00 62274 TRANS UNION CORP BACKGROUND CHECKS 55.00 65095 OFFICE DEPOT OFFICE SUPPLIES 245.08 1929 HUMAN RESOURCE DIVISION Total 900.08 1181 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 1932 INFORMATION TECHNOLOGY DIVI. 62340 ACCELA, INC.ANNUAL ACCELA LICENSE RENEWAL 128,362.82 62340 AT & T COMMUNICATION CHARGES 43.44 62340 GOVDELIVERY, INC.GOVDELIVERY ANNUAL HOSTING JAN.15-JAN.16 6,300.00 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 3,508.41 62506 NORTHWESTERN UNIVERSITY WORK STUDY CHARGES 354.00 64505 TYCO INTEGRATED SECURITY LLC QUARTERLY FIRE ALARM SERVICE MULTI LOCATIONS 3,438.79 65095 OFFICE DEPOT OFFICE SUPPLIES 2,030.53 65555 NETRIX INC WIRELESS ACCESS POINT CIVIC CENTER 492.18 65615 COMCAST CABLE CABLE CHARGES 102.85 65615 A & R SHARED SERVICE CENTER COMMUNICATION CHARGES 583.33 65615 A & R SHARED SERVICE CENTER COMMUNICATION CHARGES 583.33 1932 INFORMATION TECHNOLOGY DIVI. Total 145,799.68 1941 PARKING ENFORCEMENT & TICKETS 52505 DONTAS, MARY CITATION # 700617523 VOIDED BUT WAS PAID 35.00 1941 PARKING ENFORCEMENT & TICKETS Total 35.00 2126 BUILDING INSPECTION SERVICES 62425 ELEVATOR INSPECTION SERVICE ELEVATOR SERVICES 1,077.00 62645 MICROSYSTEMS INC.DIGITAL ARCHIVING 34.00 65095 OFFICE DEPOT OFFICE SUPPLIES 100.56 2126 BUILDING INSPECTION SERVICES Total 1,211.56 2205 POLICE ADMINISTRATION 62360 NELSON, KELLI VICTIM SERVICE ADVOCATE 1,980.87 62360 OFFICETEAM TEMPORARY EMPLOYEE 2,057.00 62360 WILD CROW COMMUNICATION, INC DEPLOYMENT MEETING POSTS 300.00 62360 CENTER OF POLICE PSYCHOLOGICAL SERVICES FITNESS FOR DUTY EVALUATION 1,050.00 64005 COMCAST CABLE CABLE CHARGES 48.42 64005 COMED UTILITIES 327.72 65085 TANYA JENKINS MEALS-PEER SUPPORT TRAINING 75.00 65125 EVANSTON FUNERAL & CREMATION BODY REMOVAL 362.00 2205 POLICE ADMINISTRATION Total 6,201.01 2210 PATROL OPERATIONS 65020 VCG UNIFORM UNIFORMS 679.33 65020 VCG UNIFORM UNIFORMS-CREDIT (32.90) 65020 KIESLER POLICE SUPPLY, INC.UNIFORMS 1,150.33 65095 DOJE'S FORENSIC SUPPLIES EVIDENCE SUPPLIES 1,611.10 65095 LYNN PEAVEY COMPANY EVIDENCE SUPPLIES 1,611.20 2210 PATROL OPERATIONS Total 5,019.06 2215 CRIMINAL INVESTIGATION 65095 US FLEET TRACKING TRACKING DEVICE 407.90 65125 JP MORGAN CHASE BANK, N.A.SUBPOENA PROCESSING 136.46 2215 CRIMINAL INVESTIGATION Total 544.36 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES-BATTERIES/POCKET FILES 88.92 65095 OFFICE DEPOT OFFICE SUPPLIES-CD/DVD SLEEVES 59.95 65095 OFFICE DEPOT OFFICE SUPPLIES-CORK BOARD 39.02 65095 OFFICE DEPOT OFFICE SUPPLIES-DESK PAD/SORTER FILE/DESK ORG 94.34 65095 OFFICE DEPOT OFFICE SUPPLIES-DRAWER ORGANIZER 10.39 65095 OFFICE DEPOT OFFICE SUPPLIES-DRAWER ORGANIZER/SCISSOR 24.67 65095 OFFICE DEPOT OFFICE SUPPLIES-JACKET FILES/HIGHLIGHTERS 104.22 65095 OFFICE DEPOT OFFICE SUPPLIES-LETTER FOLDER/3 HOLE PUNCH 167.20 65095 OFFICE DEPOT OFFICE SUPPLIES-STAPLER 18.22 65095 OFFICE DEPOT OFFICE SUPPLIES-WAREHOUSE LABELS 34.99 2240 POLICE RECORDS Total 641.92 2250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 181.00 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 1,164.91 65040 SIMPLEX GRINNELL ANNUAL SERVICE-LOCKUP CLOCK 500.66 2250 SERVICE DESK Total 1,846.57 2255 OFFICE-PROFESSIONAL STANDARDS 61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 81.00 2255 OFFICE-PROFESSIONAL STANDARDS Total 81.00 2282 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 2260 OFFICE OF ADMINISTRATION 62295 COOK COUNTY SHERIFF'S TRAINING INST.TRAINING-NEW RECRUITS 2,070.00 62295 OSTAP, ANNA MEALS-PEER SUPPORT TRAINING 75.00 62295 EVANSTON ATHLETIC CLUB HEALTH CLUB USAGE 465.00 62295 COOK COUNTY RABIES CONTROL TRAINING 125.00 62295 Perry J. Polinski MEALS-PIO CONFERENCE 60.00 62295 UNIVERSITY OF LOUISVILLE TRAINING-HOMICIDE INVESTIGATIONS 2,390.00 62295 Tosha L. Wilson MEALS-PEER SUPPORT TRAINING 75.00 62295 VIRANI, AMIN MEALS-PEER SUPPORT TRAINING 75.00 62295 CARMICHAEL, GRACE MEALS-PEER SUPPORT TRAINING 75.00 62295 SCOTT SOPHIER MEALS-CRISIS NEGOTIATION 75.00 62295 CURTIN, III, THOMAS G MEALS-PEER SUPPORT TRAINING 75.00 2260 OFFICE OF ADMINISTRATION Total 5,560.00 2270 TRAFFIC BUREAU 65125 NORTH SHORE TOWING CLEAN UP DEBRIS 145.00 65125 NORTH SHORE TOWING TOW & HOOK 470.00 65125 MHOON, ANDRE TOW REFUND 185.00 2270 TRAFFIC BUREAU Total 800.00 2280 ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICES-FEBRUARY 2015 52.76 64015 NICOR UTILITIES 602.36 65125 CHALCRAFT, VALERIE CANINE BEHAVIOR EVALUATION 500.00 65125 PETSMART ANIMAL SHELTER-KITTY LITTER 56.34 2280 ANIMAL CONTROL Total 1,211.46 2305 FIRE MGT & SUPPORT 62355 LION GROUP, INC.PPE REPAIR 726.65 64015 NICOR UTILITIES 747.10 65020 ILLINOIS FIRE STORE UNIFORMS 336.57 65070 FOX VALLEY FIRE & SAFETY ANNUAL SERVICE 102.75 2305 FIRE MGT & SUPPORT Total 1,913.07 2310 FIRE PREVENTION 65095 ILLINOIS PAPER COMPANY COPY PAPER 434.20 2310 FIRE PREVENTION Total 434.20 2315 FIRE SUPPRESSION 56067 LEADERSHIP UNDER FIRE, INC TRAINING SEMINAR 2,303.00 62210 JAKE THE STRIPER DECALS 300.00 62521 PHYSIO-CONTROL, INC.CARDIAC MONITOR SERVICE 13,896.48 2315 FIRE SUPPRESSION Total 16,499.48 2407 HEALTH SERVICES ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 18.78 2407 HEALTH SERVICES ADMIN Total 18.78 2435 FOOD AND ENVIRONMENTAL HEALTH 62210 FEDEX KINKO'S - CAS PRINTING SERVICES 118.00 62469 A SAFE HAVEN FOUNDATION TRASH REMOVAL 1100 HARTREY AVE 555.00 62605 ROSE PEST SOLUTIONS PEST CONTROL 21,736.00 65095 OFFICE DEPOT OFFICE SUPPLIES 70.50 65127 VALUE REMODELING INC LEAD ABATEMENT-1409 WASHINGTON 10,000.00 65127 VALUE REMODELING INC LEAD ABATEMENT-647 ASBURY 7,360.00 2435 FOOD AND ENVIRONMENTAL HEALTH Total 39,839.50 2440 VITAL RECORDS 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 1,852.00 65095 MSF GRAPHICS, INC.DEATH CERTIFICATE PRINTING 720.00 2440 VITAL RECORDS Total 2,572.00 2605 DIRECTOR OF PUBLIC WORKS 62210 ALLEGRA PRINT & IMAGING RECYCLING POSTERS 445.00 62210 ON TRACK FULFILLMENT INC.RECYCLING POSTCARD 522.40 2605 DIRECTOR OF PUBLIC WORKS Total 967.40 2610 MUNICIPAL SERVICE CENTER 62235 MIDWEST TIME RECORDER TIME CLOCK MAINTENANCE 176.00 62518 RIXON CUSTOM EQUIPMENT TIME CLOCK MAINTENANCE 116.00 64015 NICOR UTILITIES 1,557.19 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES 513.61 65090 CINTAS FIRST AID & SUPPLY FIRST AID MAINTENANCE AND SERVICE 83.18 2610 MUNICIPAL SERVICE CENTER Total 2,445.98 3383 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 2625 ENGINEERING 62210 FEDERAL EXPRESS CORP.OVERNIGHT SHIPPING 45.41 2625 ENGINEERING Total 45.41 2630 TRAFFIC ENGINEERING 52130 WOODRING, ROBERT VEHICLE TOTALED. PAID FOR WHEEL TAX AND PERMIT 15.00 2630 TRAFFIC ENGINEERING Total 15.00 2640 TRAF. SIG. & ST. LIGHT. MAINT 65070 KELLY GROUP STREETLIGHT ACCESS COVERS 1,076.25 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 1,076.25 2655 PARKS & FORESTRY MAINT. & OPER. 62295 ILLINOIS DEPARTMENT OF AGRICULTURE 2015 PEST CONTROL LICENSE APPLICATION FEE 130.00 62385 GLEMENTS, DEBRA REIMBURSEMENT 20% TREE REMOVAL 880.00 65055 RUSSO POWER EQUIPMENT SNOW BLOWER PARTS 60.30 65055 REINDERS, INC.RIDING MOWER REPAIR 3,389.30 65070 CERTIFIED LABORATORIES ENGINE REPAIR SHOP SUPPLIES 398.67 2655 PARKS & FORESTRY MAINT. & OPER. Total 4,858.27 2670 STREET AND ALLEY MAINTENANCE 61060 NORTHEASTERN ILLINOIS UNIVERSITY ILLINOIS COOPERATIVE WORK STUDY PROGRAM 2,037.50 62415 SHRED ALL RECYCLING SYSTEMS INC TIRE RECYCLING 165.51 2670 STREET AND ALLEY MAINTENANCE Total 2,203.01 2677 FACILITIES 62225 ANDERSON PEST CONTROL PEST CONTROL 464.20 62225 MARK VEND COMPANY VENDING SERVICE 124.28 62245 EMERGING SOFT MEETING ROOM PLANNING SOFTWARE 10,800.00 65050 RAYNOR DOOR COMPANY OVERHEAD DOOR MAINTENANCE 369.95 2677 FACILITIES Total 11,758.43 2680 SNOW AND ICE CONTROL 62451 ALERT TOWING, INC.TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 EMERGENCY ROAD SERVICE, INC.TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 G & J TOWING C/O JOSE QUETELL, JR.TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 LOUIE'S TOWING C/O JOSE L. NEGRON TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 NORTH SHORE TOWING TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 WWF TOWING C/O JIMMY WILLIAMS TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 A1 DEPENDABLE ROADSIDE ASSISTANCE TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 EXPRESS TOWING AND RECOVERY TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 T & C TOWING SERVICE, INC.TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 VIC'S TOWING, INC.TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 FRANCISCO DE JESUS DBA PONCH TOWING TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 ULRIC RECOVERY, INC.TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 FREEDOM TOWING, INC.TOWING RETAINER FEE - SECOND PAYMENT 300.00 62451 MONARCA TOWING SERVICE, INC.TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 T-BONE TOWING TOWING RETAINER FEE - SECOND PAYMENT 150.00 62451 ALPHA CARRIER EXPERTS, INC.TOWING RETAINER FEE - SECOND PAYMENT 450.00 62451 MOBILE TRANSPORT, LLC TOWING RETAINER FEE - SECOND PAYMENT 450.00 62451 FRANKSA TOWING TOWING RETAINER FEE - SECOND PAYMENT 150.00 65015 MORTON SALT ROCK SALT 85,217.73 2680 SNOW AND ICE CONTROL Total 88,667.73 3010 REC. BUSINESS & FISCAL MGMT 65095 OFFICE DEPOT OFFICE SUPPLIES 151.05 3010 REC. BUSINESS & FISCAL MGMT Total 151.05 3020 REC GENERAL SUPPORT 62210 ACTION PRINTING SUMMER CAMP GUIDE 2015 6,260.44 62490 XEROX CORPORATION SNAP PROGRAM FOR FARMERS MARKET 100.00 62506 NORTHWESTERN UNIVERSITY WORK STUDY STUDENT 132.44 3020 REC GENERAL SUPPORT Total 6,492.88 3030 CROWN COMMUNITY CENTER 62505 GARY KANTOR MAGIC CLASS INSTRUCTOR 154.00 62505 MICHELLE A. VAN DER KARR ADULT DANCE INSTRUCTOR 260.00 64015 NICOR UTILITIES 134.41 65025 SAM'S CLUB DIRECT *SUPPLIES 35.94 65025 SAM'S CLUB DIRECT *SUPPLIES-FOOD 9.56 65110 SAM'S CLUB DIRECT *SUPPLIES 296.73 65110 SAM'S CLUB DIRECT *SUPPLIES-FOOD 278.88 3030 CROWN COMMUNITY CENTER Total 1,169.52 4484 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 3035 CHANDLER COMMUNITY CENTER 62505 E-TOWN TENNIS YOUTH & ADULT TENNIS INSTRUCTION 2015 6,503.77 3035 CHANDLER COMMUNITY CENTER Total 6,503.77 3040 FLEETWOOD JOURDAIN COM CT 62505 LARKIN, ANDREW INSTRUCTIONS ON DRUM MAKING AND SUPPLIES 200.00 64015 NICOR UTILITIES 391.04 65025 CATHOLIC CHARITIES OF CHICAGO SENIOR LUNCH PROGRAM 645.25 65040 LAPORT INC JANITORIAL SUPPLIES 166.21 65110 COMCAST CABLE CABLE CHARGES 105.02 65110 CINTAS CORPORATION #769 MAT CLEANING SERVICE 163.04 3040 FLEETWOOD JOURDAIN COM CT Total 1,670.56 3045 FLEETWOOD/JOURDAIN THEATR 62490 BAKER, BRADLEY ASSIST DIRECTOR FOR CHILDREN'S THEATRE 1,100.00 62490 CLUNIE, BASIL PHOTOGRAPHER-HOBBIT AND MLK DAY CELEBRATION 150.00 62505 AGUIRRE, NICHOLIA ASSIST DIRECTOR FOR CHILDREN'S THEATRE 700.00 62505 HOFFMAN, ELIZABETH ASSIST DIRECTOR FOR CHILDREN'S THEATRE 300.00 62505 POWELL, MATTHEW ASSIST DIRECTOR FOR CHILDREN'S THEATRE 400.00 62505 JUNEITHA SHAMBEE ASSIST DIRECTOR FOR CHILDREN'S THEATRE 1,081.50 65025 SAM'S CLUB DIRECT *SUPPLIES-FOOD 43.24 3045 FLEETWOOD/JOURDAIN THEATR Total 3,774.74 3050 RECREATION OUTREACH PROGRAM 62490 ANDERSON PEST CONTROL PEST CONTROL 164.00 62505 MILLER, GIRTHA COOKING CLASSES 200.00 3050 RECREATION OUTREACH PROGRAM Total 364.00 3055 LEVY CENTER SENIOR SERVICES 56045 ILLINOIS DEPT OF REVENUE *SALES TAX JANUARY 41.00 62210 ON TRACK FULFILLMENT INC.AGE FRIENDLY CARDS 145.00 62245 DME ACCESS, INC.ELEVATOR REPAIR 225.00 62245 INSOLAR WINDOW TREATMENTS INC.REPAIR ROLLER SHADES 274.00 62305 UNITED STATES FIRE PROTECTION ANNUAL SPRINKLER INSPECTION 250.00 62495 ANDERSON PEST CONTROL MONTHLY PEST CONTROL 44.94 62511 COMCAST CABLE CABLE CHARGES 146.10 65025 SAM'S CLUB DIRECT *SUPPLIES-FOOD 264.75 65040 LAPORT INC JANITORIAL SUPPLIES 800.88 65040 SAM'S CLUB DIRECT *SUPPLIES 65.88 65095 MIDWEST TIME RECORDER TIME CARDS 103.00 65095 SAM'S CLUB DIRECT *SUPPLIES 8.98 65110 SAM'S CLUB DIRECT *SUPPLIES 37.97 3055 LEVY CENTER SENIOR SERVICES Total 2,407.50 3065 BOAT RAMP-CHURCH ST 65045 IL DEPARTMENT OF NATURAL RESOURCES *PERMIT APPLICATION LAKEFRONT DREDGING 2,300.00 65050 IL DEPARTMENT OF NATURAL RESOURCES *PERMIT APPLICATION LAKEFRONT DREDGING 250.00 3065 BOAT RAMP-CHURCH ST Total 2,550.00 3080 BEACHES 65045 ANDERSON PEST CONTROL PEST CONTROL 163.00 3080 BEACHES Total 163.00 3095 CROWN ICE RINK 62360 SESAC MUSIC LICENSE FEE 1,171.00 62375 JEAN'S GREENS, INC.PLANT SERVICE FOR JANUARY 100.00 62495 ANDERSON PEST CONTROL PEST CONTROL 79.00 62495 ANDERSON PEST CONTROL PEST CONTROL 79.00 62508 MATTHEW LEVI REFEREE FOR ADULT BROOMBALL 140.00 62508 KRISTOFER KNUTSON REFEREE FOR ADULT BROOMBALL 140.00 62508 LAPPING, RENEE SCORE KEEPER FOR ADULT BROOMBALL 60.00 64015 NICOR UTILITIES 403.22 65025 SAM'S CLUB DIRECT *SUPPLIES 48.10 65025 SAM'S CLUB DIRECT *SUPPLIES-FOOD 62.06 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 1,029.66 65050 CITY LIGHTING PRODUCTS LIGHT BULBS FOR OFFICE 70.67 65110 NEVCO SCOREBOARD COMPANY SCOREBOARD REPAIR 125.50 3095 CROWN ICE RINK Total 3,508.21 3215 YOUTH ENGAGEMENT DIVISION 62210 ON TRACK FULFILLMENT INC.PRINT CARDS FOR YOUTH AND YOUNG ADULTS 145.00 3215 YOUTH ENGAGEMENT DIVISION Total 145.00 5585 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 3605 ECOLOGY CENTER 56045 ILLINOIS DEPT OF REVENUE *SALES TAX JANUARY 53.00 62495 ANDERSON PEST CONTROL PEST CONTROL 163.00 65040 LAPORT INC JANITORIAL SUPPLIES 60.60 3605 ECOLOGY CENTER Total 276.60 3710 NOYES CULTURAL ARTS CENTER 62518 ALARM DETECTION SYSTEMS, INC.QUARTERLY ALARM CHARGES 277.50 64015 NICOR UTILITIES 509.40 3710 NOYES CULTURAL ARTS CENTER Total 786.90 3806 CIVIC CENTER SERVICES 64015 NICOR UTILITIES 803.55 3806 CIVIC CENTER SERVICES Total 803.55 100 GENERAL FUND Total 455,435.85 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 64574 NEW ALBERTSONS INC.PRESCRIPTION PROGRAM 190.86 4605 GENERAL ASSISTANCE ADMIN Total 190.86 175 GENERAL ASSISTANCE FUND Total 190.86 195 NEIGHBORHOOD STABILIZATION FUND 5005 NSP-GENERAL ADMINISTRATION 62509 COMMUNITY CENTRAL, LLC DATABASE ACCESS 1,200.00 64545 CURSOR CONTROL INC SOFTWARE SUBSCRIPTION 1,860.00 5005 NSP-GENERAL ADMINISTRATION Total 3,060.00 195 NEIGHBORHOOD STABILIZATION FUND Total 3,060.00 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 64505 AT & T COMMUNICATION CHARGES 93.80 64540 VERIZON WIRELESS COMMUNICATION CHARGES 3,002.81 5150 EMERGENCY TELEPHONE SYSTM Total 3,096.61 205 EMERGENCY TELEPHONE (E911) FUND Total 3,096.61 215 CDBG FUND 5187 REHAB CONSTRUCTION ADMIN 64545 CURSOR CONTROL INC SOFTWARE SUBSCRIPTION 1,860.00 5187 REHAB CONSTRUCTION ADMIN Total 1,860.00 215 CDBG FUND Total 1,860.00 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62136 ON TRACK FULFILLMENT INC.BUSINESS DISTRICT CARDS 174.00 62185 REAL VALUATION SERVICES, LLC APPRAISAL FOR 1815 RIDGE AVE.900.00 62490 CURSOR CONTROL INC SOFTWARE SUBSCRIPTION 930.00 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 5300 ECON. DEVELOPMENT FUND Total 2,043.00 225 ECONOMIC DEVELOPMENT FUND Total 2,043.00 240 HOME FUND 5430 HOME FUND 62185 CURSOR CONTROL INC SOFTWARE SUBSCRIPTION 590.00 5430 HOME FUND Total 590.00 240 HOME FUND Total 590.00 6686 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 250 AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 62770 CURSOR CONTROL INC SOFTWARE SUBSCRIPTION 590.00 5465 AFFORDABLE HOUSING Total 590.00 250 AFFORDABLE HOUSING FUND Total 590.00 320 DEBT SERVICE FUND 5713 2011 A BONDS 62350 WELLS FARGO BANK G.O. SERIES 2011A 250.00 5713 2011 A BONDS Total 250.00 320 DEBT SERVICE FUND Total 250.00 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415602 62145 NESTBUILDERS, INC DBA DBHMS CONSULTING ENGINEER SERVICES 586.70 416144 62145 NESTBUILDERS, INC DBA DBHMS CONSULTING ENGINEER SERVICES 1,567.80 415568 65510 CONSTRUCTION CONSULTING & DISBURSEMENT MINOR RENOVATION- CHANDLER NEWBERG 23,227.02 416096 65515 T.Y.LIN INTERNATIONAL BIKE PLAN UPDATE GRANT PORTION 6,991.79 416442 65515 CHRISTOPHER B. BURKE ENGINEERING, LTD.SHERIDAN RD CHICAGO ANALYSIS 70,848.26 415942 65515 ESI CONSULTANTS, LTD EMERSON/RIDGE/GREEN BAY PROJECT 93,028.00 4150 CAPITAL PROJECTS Total 196,249.57 415 CAPITAL IMPROVEMENTS FUND Total 196,249.57 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 62431 DUNBAR ARMORED PARKING REVENUE 10,400.35 7005 PARKING SYSTEM MGT Total 10,400.35 7015 PARKING LOTS & METERS 62230 DOOR SYSTEMS, INC.PARKING SYSTEMS 756.25 62245 TOTAL PARKING SOLUTIONS, INC.RECEIPT PAPER FOR PARKING TERMINALS 643.00 62375 CTA/AB RENT LOT 19 BENSON CHURCH TO UNIVERSITY PL 990.00 62375 706 MAIN STREET LLC RENT-700 BLOCK OF MAIN STREET 3,235.50 7015 PARKING LOTS & METERS Total 5,624.75 7025 CHURCH STREET GARAGE 62425 OTIS ELEVATOR COMPANY RENEWAL OF ELEVATOR SERVICE AGREEMENT 6,652.00 62509 REVCON TECHNOLOGIES, INC.*MAINTENANCE AGREEMENT-CHURCH 3,180.00 7025 CHURCH STREET GARAGE Total 9,832.00 7036 SHERMAN GARAGE 62425 THYSSENKRUPP ELEVATOR ELEVATOR CONTRACT COST, SHERMAN 8,609.04 62509 REVCON TECHNOLOGIES, INC.*MAINTENANCE AGREEMENT-SHERMAN PLAZA 9,012.00 62660 INLAND AMERICAN RETAIL MANAGEMENT LLC MAINTENANCE 7,016.41 7036 SHERMAN GARAGE Total 24,637.45 7037 MAPLE GARAGE 62509 REVCON TECHNOLOGIES, INC.*MAINTENANCE AGREEMENT-MAPLE 6,043.20 64015 NICOR UTILITIES 83.31 7037 MAPLE GARAGE Total 6,126.51 505 PARKING SYSTEM FUND Total 56,621.06 510 WATER FUND 7100 WATER GENERAL SUPPORT 22700 DEVRIES WATER OVERPAYMENT 160.86 22700 BARRY LAND PARCEL LLC WATER OVERPAYMENT 73.32 22700 AHSAM, NILOFER WATER OVERPAYMENT 108.46 22700 STUART, RACHEL WATER OVERPAYMENT 169.50 22700 BARRANCO, LINDSEY WATER OVERPAYMENT 98.57 22700 JOE & KRIS HOLLEARN WATER OVERPAYMENT 97.59 22700 COLLIER, MATT WATER OVERPAYMENT 166.76 22700 SHARF, HOWARD WATER OVERPAYMENT 222.64 22700 DR. PAUL HELMAN WATER OVERPAYMENT 355.33 22700 MANGELSDORF, SARAH WATER OVERPAYMENT 62.67 22700 SHARP, NANCY WATER OVERPAYMENT 174.13 7787 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 22700 CAMBRIDGE TITLE COM WATER OVERPAYMENT 421.84 22700 LAGSTON & ANDRIENNE HUGHES WATER OVERPAYMENT 127.73 22700 TURBYFILL, ANTOINETTE WATER OVERPAYMENT 107.39 22700 CUSTER/WASHINGTON BLDG WATER OVERPAYMENT 171.94 22700 ODONNELL PARTNERS WATER OVERPAYMENT 62.67 56140 ILLINOIS DEPT OF REVENUE *SALES TAX JANUARY 661.00 56145 QUALITY EXCAVATION, INC.FIRE HYDRANT DEPOSIT REFUND 300.00 62420 METRO WATER RECLAMATION DISTRICT ANNUAL EASEMENT AGREEMENT FEE 7,379.94 65095 OFFICE DEPOT FY 2015 OFFICE SUPPLIES 223.28 7100 WATER GENERAL SUPPORT Total 11,145.62 7105 PUMPING 64015 NICOR UTILITIES 1,545.31 7105 PUMPING Total 1,545.31 7110 FILTRATION 62420 METRO WATER RECLAIMATION DISTRICT ANNUAL USER FEE FOR SLUDGE REMOVAL 95,072.68 65015 JCI JONES CHEMICALS, INC.LIQUID CHLORINE (BID 14-62)5,088.00 65015 U.S. ALUMINATE LIQUID ALUMINUM SULFATE (BID 14-62)33,945.38 65015 KEY CHEMICAL, INC.HYDROFLUOROSILICIC ACID (BID 14-62)20,807.35 65030 CARUS PHOSPHATES, INC.ORTHOPOLYPHOSPHATE (BID 14-62)17,427.20 65070 WATER TOWER CLEAN & COAT, INC.DIVING SERVICE TO INSPECT CLEARWELLS #3 & #4 2,800.00 7110 FILTRATION Total 175,140.61 7115 DISTRIBUTION 62415 KLF TRUCKING 2015 DEBRIS HAULING 5,200.00 65055 MID AMERICAN WATER OF WAUCONDA INC.METER FLANGES WITH GASKETS 1,742.00 7115 DISTRIBUTION Total 6,942.00 510 WATER FUND Total 194,773.54 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 733105 62145 BAXTER & WOODMAN INC.ENGR SVCS FLOW METER & CHEM FEED (12-151)22,294.83 733101 65515 WATER RESOURCES AMI SYSTEM (13-04) - REMAINING AMOUNT 24,657.27 733122 65515 DAHME MECHANICAL INDUSTRIES, INC.CHLORINE FEED SYSTEM IMPROVEMENTS 26,269.40 7330 WATER FUND DEP, IMP, EXT Total 73,221.50 513 WATER DEPR IMPRV & EXTENSION FUND Total 73,221.50 515 SEWER FUND 515 SEWER SUPPORT 22700 BARRY LAND PARCEL LLC OVERPAYMENT ON WATER#2220441-01 16.32 515 SEWER SUPPORT Total 16.32 7420 SEWER IMPROVEMENTS 740010 65515 INSITUFORM TECHNOLOGIES 2014 CIPP SEWER REHAB CONTRACT A (14-12)32,480.05 7420 SEWER IMPROVEMENTS Total 32,480.05 515 SEWER FUND Total 32,496.37 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 62405 AMERICAN NATL BANK-SWANCC SWANCC SOLID WASTE FEES FOR FY2015 66,033.55 68310 AMERICAN NATL BANK-SWANCC SWANCC SOLID WASTE FEES FOR FY2015 2,902.92 7685 REFUSE COLLECT & DISPOSAL Total 68,936.47 7690 RESIDENTIAL RECYCLING 62295 IL DEPARTMENT OF AGRICULTURE 2015 PEST CONTROL LICENSE 130.00 7690 RESIDENTIAL RECYCLING Total 130.00 7695 YARD WASTE COLLECTION 62415 GROOT RECYCLING & WASTE SERVICES FY2015 RESIDENTIAL REFUSE COLLECTION 138,186.00 7695 YARD WASTE COLLECTION Total 138,186.00 520 SOLID WASTE FUND Total 207,252.47 8888 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 600 FLEET SERVICES FUND 7710 MAJOR MAINTENANCE 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 209.93 62355 CINTAS #23 WEEKLY UNIFORM SERVICE 144.48 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 417.56 65015 1ST AYD CORPORATION CHEMICALS LUBES & AEROSOLS 1,388.65 65015 CONTINENTAL RESEARCH CORP.RUST INHIBITOR 367.03 65035 CITY WELDING SALES & SERVICE INC.WELDING GASES 486.11 65035 PALATINE OIL COMPANY, INC BULK OIL 8,826.06 65060 ALLTECH AUTO INC.#113 BODY REPAIR 495.33 65060 ATLAS BOBCAT, INC.#639 MIRROR ASSY 54.72 65060 ATLAS BOBCAT, INC.PLOW PARTS 611.28 65060 ATLAS BOBCAT, INC.ROD TIE ASSY 201.42 65060 BIOTEK CORPORATION BIOSCRUB 274.79 65060 BUCK BROTHERS, INC.#603 BROOM REPAIRS 547.38 65060 CUMBERLAND SERVICENTER #704 BELT TENSIONER 150.74 65060 CUMBERLAND SERVICENTER #714 CAB JACK PUMP 338.76 65060 CUMBERLAND SERVICENTER CYLINDER, CAB LIFT 301.75 65060 CUMBERLAND SERVICENTER SCHRADER PORT 69.91 65060 CUMBERLAND SERVICENTER SENSOR COOLANT 29.42 65060 CUMBERLAND SERVICENTER SHAFT, PTO 401.36 65060 CUMBERLAND SERVICENTER TIE RODS & BLOWER MOTOR 668.90 65060 DUXLER TIRE & CAR CENTER #300 TIRE BALANCE 40.00 65060 FLINK COMPANY PLOW PARTS 504.73 65060 GROVER WELDING COMPANY #551 SPREADER REPAIR 589.14 65060 GROVER WELDING COMPANY #611 JACK REPAIR 127.65 65060 GROVER WELDING COMPANY #619 PINTLE REPAIR 180.00 65060 GROVER WELDING COMPANY #628 LIFTING TUBE REPAIR 411.51 65060 GROVER WELDING COMPANY #642 SKID-STEER REPAIR 1,043.60 65060 GROVER WELDING COMPANY CHIPPER REPAIR 250.00 65060 HAVEY COMMUNICATIONS INC.SIREN/LIGHT REPAIR 847.20 65060 HAVEY COMMUNICATIONS INC.UP-FIT NEW EPD #43 8,939.10 65060 HAVEY COMMUNICATIONS INC.UP-FIT NEW POLICE SUV #50 8,713.10 65060 INTERSTATE BATTERY OF NORTHERN CHICAGO BATTERY PURCHASE 557.23 65060 KUSSMAUL ELECTRONICS CO.#328 AUTO PUMP 546.71 65060 LAKE/COOK C.V. JOINTS INC #714 JOINT REPAIR 80.00 65060 LEACH ENTERPRISES, INC.DESICCANT CARTRIDGE KIT 254.60 65060 LEACH ENTERPRISES, INC.HEADLAMP HALO 58.08 65060 LEACH ENTERPRISES, INC.HEADLAMP RECT 42.12 65060 MCMASTER CARR HARDWARE 12.17 65060 MONROE TRUCK EQUIPMENT PLOW WHEELS & HARDWARE 1,090.37 65060 MONROE TRUCK EQUIPMENT SNOW PLOW CASTER WHEEL PARTS 3,464.45 65060 NORTHWEST TRUCKS INC COMPRESSOR AIR DRYER 1,529.29 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.#505 TOOL BOX 727.10 65060 REGIONAL TRUCK EQUIPMENT COMPANY, INC.#571 TOOL BOX 557.95 65060 STANDARD EQUIPMENT COMPANY TAIL GATE SEAL KIT 384.01 65060 WESTMONT AUTO PARTS OIL PAN 209.56 65060 VERMEER MIDWEST V BAND BELT 458.28 65060 WHOLESALE DIRECT INC 6 STROBE TUBE ASSY 824.07 65060 WHOLESALE DIRECT INC SPREADER LIGHT LED 359.29 65060 ZARNOTH BRUSH WORKS, INC.JOHN DEERE REPLACEMENT BROOM 525.20 65060 GEIB INDUSTRIES, INC.HYDRAULIC HOSE 298.61 65060 GLOBAL EMERGENCY PRODUCTS, INC.#321 HANDLE ENDS R/S 49.85 65060 GLOBAL EMERGENCY PRODUCTS, INC.BLEEDER VALVE 3/4"108.98 65060 GLOBAL EMERGENCY PRODUCTS, INC.HANDLE GRAB MOULDED BLACK 155.87 65060 GLOBAL EMERGENCY PRODUCTS, INC.MULTIPLE REPAIRS TO F.D #313 2,007.56 65060 GLOBAL EMERGENCY PRODUCTS, INC.SEAT BOTTOM CUSHION 374.70 65060 GLOBAL EMERGENCY PRODUCTS, INC.STANCHION 32.12 65060 GLOBAL EMERGENCY PRODUCTS, INC.SWITCH PRESS 60PSI 76.25 65060 FASTENAL COMPANY PLOW BOLTS 262.80 65060 BILL'S AUTO & TRUCK REPAIR #449 EXHAUST REPAIRS 903.95 65060 BILL'S AUTO & TRUCK REPAIR BRAKE & BODY WORK #504 2,710.42 65060 CARQUEST EVANSTON #444 BRAKE JOB 182.13 65060 CARQUEST EVANSTON #504 FUEL CAP 9.45 65060 CARQUEST EVANSTON AUTOMATIC BELT TENSIONERS 63.58 65060 CARQUEST EVANSTON BELTS 110.84 65060 CARQUEST EVANSTON FLR MAT- TRMMABLE-BLK 25.99 65060 CARQUEST EVANSTON FUEL LINE REPAIR 20.76 65060 CARQUEST EVANSTON HEADLIGHTS 25.18 65060 CARQUEST EVANSTON HYD FITTING 14.70 65060 CARQUEST EVANSTON LAMP LENS 15.20 65060 CARQUEST EVANSTON OIL FILTER 11.32 65060 CARQUEST EVANSTON TARP STRAP 76.56 65060 CARQUEST EVANSTON TRANS FILTERS 147.60 9989 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 65060 CARQUEST EVANSTON TRICO TECH WIPER 15.38 65060 GOLF MILL FORD #163 OUTSIDE REPAIRS 2,144.06 65060 GOLF MILL FORD #25 WINDOW REGULATOR 74.93 65060 GOLF MILL FORD #26 BOLTS 14.32 65060 GOLF MILL FORD #26 P/S MIRROR ASSY 117.34 65060 GOLF MILL FORD #26 PANEL 29.68 65060 GOLF MILL FORD #26 SUSPENSION PARTS 594.45 65060 GOLF MILL FORD #35 WIPER ARM ASY 13.91 65060 GOLF MILL FORD #551 TRANS PAN 94.45 65060 GOLF MILL FORD #551 TRANS SCREWS 54.26 65060 GOLF MILL FORD #56 613.96 65060 GOLF MILL FORD DOOR WINDOW SWITCH 72.77 65060 GOLF MILL FORD RETURN PARTS (494.94) 65060 ORLANDO AUTO TOP #25 NEW D/S WINDOW 400.00 65060 ORLANDO AUTO TOP #713 INSTALL WINDOW 185.00 65060 CHICAGO PARTS & SOUND, LLC BRAKE LINING (63.78) 65060 CHICAGO PARTS & SOUND, LLC FILTER ASY 311.94 65060 CHICAGO PARTS & SOUND, LLC PREMIUM PROFILE BLADES 39.16 65060 CHICAGO PARTS & SOUND, LLC PUMP ASY- WATER 73.23 65060 CHICAGO PARTS & SOUND, LLC TRANSMISSION FLUID 214.80 65060 ADVANCED PROCLEAN INC.POWER WASHING 980.80 65060 THE CHEVROLET EXCHANGE #63 HEATER LINE TEE'S 81.90 65060 THE CHEVROLET EXCHANGE HANDLE 13.38 65060 THE CHEVROLET EXCHANGE PLOW CONTROLLER 1,130.25 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC #736 HEATER CONTROL 206.67 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC MIRROR 54.76 65065 WENTWORTH TIRE SERVICE #331 NEW TIRES 1,425.48 65065 WENTWORTH TIRE SERVICE #552 TIRE REPAIR 207.00 65065 WENTWORTH TIRE SERVICE #721 MOUNT TIRES 109.00 65065 WENTWORTH TIRE SERVICE #721 TIRE REPAIRS 314.90 65065 WENTWORTH TIRE SERVICE NEW TIRES 1,708.92 65065 WENTWORTH TIRE SERVICE ROAD SERVICE & REPAIR 176.93 65065 WENTWORTH TIRE SERVICE TIRE REPAIR 160.99 65085 LUCAS K LARRY TOOL ALLOWANCE 800.00 65085 AMERICAN WELDING & GAS WELDING SUPPLIES 388.58 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 122.75 7710 MAJOR MAINTENANCE Total 69,383.74 600 FLEET SERVICES FUND Total 69,383.74 605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 66054 AXA EQUITABLE EQUI-VEST DISABILITY INSURANCE PAYMENT 20.00 7801 EMPLOYEE BENEFITS Total 20.00 605 INSURANCE FUND Total 20.00 700 FIRE PENSION FUND 8000 FIREFIGHTERS' PENSION 61755 BURKE, BURNS & PINELLI, LTD.*LEGAL FEES 1,132.00 61755 GRAYSTONE CONSULTING *INVESTMENT ADVISORY FEES 14,640.69 8000 FIREFIGHTERS' PENSION Total 15,772.69 700 FIRE PENSION FUND Total 15,772.69 Grand Total 1,312,907.26 101090 of 493 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.24.2015 FY2015 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS VARIOUS WORKERS COMP 9,463.74 VARIOUS VARIOUS WORKERS COMP 2,900.35 VARIOUS VARIOUS CASUALTY LOSS 2,675.55 15,039.64 SEWER 7621.68305 IEPA LOAN DISBURSEMENT SEWER FUND 128,528.36 128,528.36 143,568.00 Grand Total 1,456,475.26 PREPARED BY DATE APPROVED BY DATE 1191 of 493 For City Council meeting of February 23, 2015 Item A3.1 Business of the City by Motion: Renewal of Printing Contract for Evanston Life & Summer Camp Guide For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Joe McRae, Director, Parks, Recreation & Community Services Subject: Renewal of printing contract for the Evanston Life Magazine and Annual Summer Camp Guide Date: February 23, 2015 Recommended Action: Staff recommends that the City Council authorize the City Manager to execute the final year renewal of the contract option for printing and mail preparation of Evanston Life magazine and annual summer camp guide, in the amount not to exceed $62,953 with Action Printing (N6637 Rolling Meadows Drive, Fond du Lac, Wisc.). The city has an option to renew the contract for 2015 with a two percent increase in price. Funding Source: Funding for the contract will come from the Parks, Recreation and Community Services Department’s Recreation General Support business unit 3020.62210. Revenue from display advertising is budgeted at $10,000 for the year, which helps offset the cost of the publication. The contract will increase from $61,719 to $62,953, based on the 2% increase. Summary: The final contract period will cover three issues of the Evanston Life: Summer 2015; Fall 2015 and Winter/Spring 2015-16; plus the 2016 Summer Camp Guide (printed in December). This contract was originally bid in December 2012 and had a base bid of two years, which included four 68-page Rec Guides; two 100-page Rec Guides and two 54-page summer camp guides. At the conclusion of the two years (December 31, 2014), the city has an option to renew the contract with Action Printing for a third year with a two percent increase in price. Memorandum 92 of 493 2012 Bid Background: Since 2009, the publications have been printed on recycled paper. The bid required that printing companies use recycled paper (minimum of 30% post-consumer recycled content) and that the body pages also be Forest Stewardship Certified (FSC) paper. For informational purposes, the bid requested the printing company to use environmentally-friendly (vegetable-based inks). Action Printing uses soy-based inks. Full color was incorporated throughout the publication to allow for more effective differentiation between the many segments of the publication (newsletter, events, ecology, arts, sports, leisure, etc.) and improve the design options, such as being able to use color photographs and graphics. The bid was sent to six Evanston businesses: CMYK Media Group, Inc.; On Track Fulfillment; Quartet Copies; Allegra Printing and Signs; Sir Speedy; and Mumm Print Shop. Only one Evanston firm responded, CMYK Media Group, Inc. They did not submit a competitively priced bid. The M/W/EBE goal participation was waived for printing and mail preparation since Action Printing performs all work in-house, and would therefore not be using outside subcontractors or suppliers. The base bid associated printing expenses (press overruns, etc.) for the original two- year contract was $121,400. In 2014, the cost of printing three Evanston Life publications and the annual camp guide was $55,734. Action Printing has done a great job of printing, binding, meeting deadlines, and working with our changes to the production schedule for the past two years. 2015 Evanston Life Sustainability Printing Initiative As a continued effort to reduce overall printed material, information from other city departments and partner agencies will be included in future issues of Evanston Life. Additionally, this initiative will also help create the Evanston Life magazine as being an overall city-wide important resource guide for residents. Attachment: Technical Specification Bid Form 93 of 493 94 of 493 95 of 493 96 of 493 97 of 493 98 of 493 99 of 493 100 of 493 For City Council meeting of February 23, 2015 Item A3.2 Business of the City by Motion: Contract for Water Distribution Materials For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services Subject: Approval of One-year Contract Extension for the 2015 Water Distribution System Materials Contract (Bid 14-06) Date: February 12, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute the one-year contract extension of the 2014 Distribution System Materials contract (Bid 14-06) with Mid American Water of Wauconda (1125 N. Old Rand Road, Wauconda, IL) in the amount of $64,739.55. Funding Source: Purchase of materials under this contract will be funded from the Water Fund, Account 510.71.7115.65055. The FY 2015 budget has an allocation of $125,000 in this account for the purchase of all distribution materials. Background Information: This contract provides for the purchase of items used by the Utilities Department for maintenance of the distribution system. On February 24, 2014, the City Council approved award of the 2014 Distribution System Materials contract to Mid American Water of Waucaonda. The contract was for one year, with a one-year optional extension. The items were bid in two groups: • Group A – Fire Hydrants • Group B – Brass Valves, Fittings and Gaskets The 2014 Bid Summary is attached. Mid American has done a good job in their supply and delivery of materials during the initial first year of the contract. Memorandum 101 of 493 Summary: The 2014 contract with Mid American included a one-year contract extension. The City contacted Mid American to inquire about their willingness to maintain their pricing for an additional year. Because of their performance over the last year and their willingness to supply materials at the same unit price (see attached letter), City staff is recommending extending their contract for both groups of materials (Group A – Fire Hydrants and Group B – Brass Valves, Fittings and Gaskets) for one year. Mid American received a waiver on the M/W/EBE goals. Attached is last year’s analysis of the M/W/EBE participation requirements for this project. Legislative History: Original 2014 Distribution System Materials contract (Bid No. 14-06) was approved by City Council on February 24, 2014 Attachments: 2014 Distribution System Bid Summary Letter from Mid American, dated December 30, 2014, stating their willingness to hold prices M/W/EBE Review Memorandum, dated February 24, 2014 102 of 493 ItemDescriptionQuantity Unit Unit PriceExtended Price Unit PriceExtended Price Unit PriceExtended Price1Fire Hydrants- 6' bury, 5.5' cover10EA$1,977.84$19,778.40$2,041.80$20,418.00$2,081.00$20,810.002Extension Kit (K562) Complete 6"4EA$300.15$1,200.60$331.50$1,326.00$315.00$1,260.003Extension Kit (K562) Complete 12"4EA$353.17$1,412.68$388.30$1,553.20$370.00$1,480.004Extension Kit (K562) Complete 18"2EA$410.30$820.60$449.00$898.00$430.00$860.005Traffic Repair Kit (K528)5EA$138.38$691.90$151.00$755.00$145.00$725.00Total Price - Group A$23,904.18$24,950.20$25,135.00Mid-AmericanZiebellHD Supply2014 Distribution System Materials (Bid 14-06)Group A: Fire HydrantsSummary of Bids103 of 493 ItemDescriptionQuantity Unit Unit Price Extended Price Unit PriceExtended Price Unit PriceExtended Price Unit PriceExtended Price1Ball Valves Curb Stop - 1" (B-22-444M)50EA$72.50$3,625.00$72.50$3,625.00$77.75$3,887.50$81.00$4,050.002Ball Valves Curb Stop - 1 1/2" (B-22-666M)40EA$170.33$6,813.20$170.35$6,814.00$182.50$7,300.00$177.85$7,114.003Ball Valves Curb Stop - 2" (B-22-777M)15EA$275.58$4,133.70$275.55$4,133.25$295.00$4,425.00$287.70$4,315.504Lead to Copper Couplings - 1" Strong to 1" Copper (Q14-44)20 EA $45.76 $915.20 $47.30 $946.00 $49.10 $982.00 $50.50 $1,010.005Lead to Copper Couplings - 1" X Strong to 1" Copper (Q244-44)80 EA $44.75 $3,580.00 $46.30 $3,704.00 $48.00 $3,840.00 $49.40 $3,952.006Lead to Copper Couplings - 1" XX Strong to 1" Copper (Q344-44)20 EA $41.05 $821.00 $42.45 $849.00 $44.00 $880.00 $45.30 $906.007Lead to Copper Couplings - 1 1/4" XS to 1 1/2" Copper (Q24-56)10 EA $61.36 $613.60 $63.45 $634.50 $65.85 $658.50 $64.05 $640.508Lead to Copper Couplings - 1 1/2" XS to 1 1/2" Copper (Q24-66)5 EA $72.20 $361.00 $74.65 $373.25 $77.50 $387.50 $64.05 $320.259Lead to Copper Couplings - 2" Ford Brand (C86-77)8EA$56.17$449.36$82.50$660.00$63.70$509.60$83.30$666.4010Lead to Copper Couplings, 2" Ford Brand (C14-77)8EA$54.37$434.96$99.90$799.20$58.35$466.80$56.75$454.0011Swivel Flared Bends - 1" - 45 degree bend (LA 02-44S)20EA$23.88$477.60$24.70$494.00$25.50$510.00$27.25$545.0012Swivel Flared Bends - 1 1/2" - 45 degree bend (LA 02-66S)30 EA $108.16 $3,244.80 $111.85 $3,355.50 $116.00 $3,480.00 $112.90 $3,387.0013Swivel Flared Bends - 2" - 45 degree bend (LA 02-77S)5EA$153.10$765.50$158.30$791.50$164.00$820.00$159.80$799.0014Swivel Flared Bends - 1" - 90 degree bend (L 02-44S)10EA$27.42$274.20$28.35$283.50$29.40$294.00$30.25$302.5015Swivel Flared Bends - 1 1/2" - 90 degree bend (L 02-66S)10EA$80.27$802.70$83.00$830.00$86.00$860.00$83.80$838.0016Swivel Flared Bends - 2" - 45 degree bend (L 02-7S)5EA$140.65$703.25$145.40$727.00$150.90$754.50$146.85$734.2517Corporation Stops - 1" (FB 600-4)10EA$44.23$442.30$44.70$447.00$47.40$474.00$49.00$490.0018Corporation Stops - 1 1/2" (FB 600-6)30EA$104.66$3,139.80$105.85$3,175.50$112.00$3,360.00$108.60$3,258.0019Corporation Stops - 2" (FB 600-7)5EA$182.81$914.05$184.85$924.25$196.00$980.00$189.00$945.0020Copper to Copper Pack Joint Couplings - 1 1/2" (C 44-66)10EA$51.29$512.90$53.05$530.50$55.00$550.00$53.55$535.5021Copper to Copper Pack Joint Couplings - 2" (C 44-77)5EA$69.25$346.25$71.60$358.00$74.00$370.00$72.30$361.5022Straight Meter Couplings - 5/8" Meter (C38-11-2.375)50EA$6.28$314.00$6.55$327.50$6.70$335.00$7.20$360.0023Straight Meter Couplings - 5/8" Meter (C38-13-2.188)50EA$7.88$394.00$8.15$407.50$8.45$422.50$9.00$450.0024Straight Meter Couplings - 5/8" or 3/4"Meter (C38-23-2.5)100 EA $7.15 $715.00 $7.40 $740.00 $7.65 $765.00 $8.20 $820.0025Straight Meter Couplings - 5/8" or 3/4"Meter (C38-24-2.5)100 EA $11.13 $1,113.00 $11.50 $1,150.00 $11.90 $1,190.00 $12.75 $1,275.0026Straight Meter Couplings - 1" Meter (C38-44-2.625)60EA$11.00$660.00$11.40$684.00$11.80$708.00$12.55$753.0027Straight Meter Couplings - 1 1/2" Meter Flange with 1-1/2" FIP Bronze CF 31-66 Drop-In Gasket20 EA $31.81 $636.20 $33.60 $672.00 $34.00 $680.00 $33.20 $664.002014 Distribution System Materials (Bid 14-06)Group B: Brass Valves, Fittings and GasketsMid American Underground ZiebellHD SupplySummary of Bids104 of 493 ItemDescriptionQuantity Unit Unit Price Extended Price Unit PriceExtended Price Unit PriceExtended Price Unit PriceExtended Price2014 Distribution System Materials (Bid 14-06)Group B: Brass Valves, Fittings and GasketsMid American Underground ZiebellHD SupplySummary of Bids28Straight Meter Couplings - 2" Meter Flange with 2" FIP Bronze CF 31-77 Drop-In Gasket40 EA $41.54 $1,661.60 $43.90 $1,756.00 $44.50 $1,780.00 $43.35 $1,734.0029Meter Adapters - 5/8" to 3/4", Ford #A1320EA$11.46$229.20$12.65$253.00$6.42$128.40$13.65$273.0030Meter Flange Sets - 3" Bronze with 4 Hole Gasket8EA$139.00$1,112.00$187.90$1,503.20$155.00$1,240.00$224.00$1,792.0031Meter Flange Sets - 4" Bronze with 4 Hole Gasket3EA$210.00$630.00$300.20$900.60$260.00$780.00$357.00$1,071.00Total Price - Group B$40,835.37$42,848.75$43,818.30$44,816.40105 of 493 106 of 493 Contract for 2014 Distribution System Materials (Bid 14-06), 02.24.14 To: David Stoneback, Director of Utilities Lara Biggs, Superintendent of Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: Contract for 2014 Distribution System Materials (Bid 14-06) Date: February 24, 2014 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, Contract for 2014 Distribution System Materials (Bid 14-06) precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Louis Gergits, Finance Manager Memorandum 107 of 493 For City Council meeting of February 23, 2015 Item A3.3 Business of the City by Motion: Contract for 2015 Granular Materials For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services Subject: Contract for 2015 Granular Materials (Bid No. 15-07) Date: February 13, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a one-year contract for the purchase of Granular Materials with G & M Trucking, Inc. (8811 Kathy Lane, Des Plaines, IL) in the amount of $35,828.00. Funding provided from the Water Fund and the Sewer Fund. Funding Source: Funding for FY 2015 will be as follows: Water Fund (Account 510.71.7115.65055) $20,000.00 Sewer Fund (Account 515.71.7400.65055) $15,828.00 These two accounts have a total of $60,000 budgeted for this contract for FY 2015. Funding for FY 2016 will be budgeted based on expected workloads. Summary: The Granular Materials contract provides for the purchase of bulk granular materials for use by the Water & Sewer Divisions. The materials being purchased are used in conjunction with the maintenance and repair of the water distribution and sewer conveyance systems throughout the City of Evanston. This contract is for one-year with an optional one-year contract extension. The bid for granular materials was advertised on January 8, 2015 in the Evanston Review and on Demandstar. Bids were opened and publicly read on February 3, 2015. Two (2) bids were received. The vendors submitting the bids were as follows: Memorandum 108 of 493 Vendor Information: Vendor Address G & M Trucking, Inc. 8811 Kathy Lane, Des Plaines, IL Vulcan Construction Materials, LP 1000 E Warrenville Rd, Suite 100, Naperville, IL The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until April 4, 2015. The bids were reviewed by Lara Biggs, Superintendent of Construction & Field Services. Below is a bid tabulation summary showing the bid result from the vendors that submitted bids. A detailed summary of bids is attached as Exhibit A. Pricing Summary: Vendor Price G & M Trucking, Inc. $35,828.00 Vulcan Construction Materials $48,800.00 Granular Materials were last bid in 2013. In 2014, the City extended the 2013 contract for one year at no increase in price. The table below shows this historical pricing of this contract. Item 2013 & 2014 Pricing (per Ton) 2015 Pricing (per Ton) 1 Crushed Limestone, Grade 8: CA-6 $15.00 $15.99 2 Wash Stone: CA 7/11 (3/4”) $19.75 $20.25 3 Fine Aggregate Sand: FA-6 $14.25 $15.19 There are no sub-contracting abilities related to the purchase of granular materials. A review of the contract by the Business Development Coordinator is attached. G&M Trucking is the existing vendor supplying the Utilities Department with granular materials. Their performance has been satisfactory. Attachments: Bid Tabulation for Bid 15-07, 2015 Granular Materials Business Development Coordinator Memorandum dated February 18, 2015 109 of 493 EXHIBIT A Summary of Bids 2015 Granular Materials, Bid No. 15-07 G & M Trucking Vulcan Const Matls Bid Item Description Estimated Quantity Units Unit Price Extended Price Unit Price Extended Price 1 Crushed Limestone, Grade 8: CA-6 2,000 ton $15.99 $31,980.00 $22.00 $44,000.00 2 Wash Stone: CA 7/11 (3/4”) 40 ton $20.25 $810.00 $25.00 $1,000.00 3 Fine Aggregate Sand: FA-6 200 ton $15.19 $3,038.00 $19.00 $3,800.00 Total $35,828.00 $48,800.00 110 of 493 To: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: Contract for 2015 Granular Materials - Bid 15-07 Date: February 23, 2015 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, Bid 15-07, the Contract for 2015 Granular Materials precludes subcontracting opportunities. Therefore, a waiver is granted. Memorandum Bid 15-07 Contract for 2015 Granular Materials, M/W/EBE Waiver 2.23.2015 111 of 493 For City Council meeting of February 23, 2015 Item A3.4 Business of the City by Motion: Cityworks Maintenance & Support Renewal For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Dave Stoneback, Director of Utilities Suzette Robinson, Director of Public Works Jose Calderon, IT Division Manager Subject: Renewal of Annual Azteca Cityworks Maintenance and Support Agreement Date: February 3, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a renewal of the annual sole source maintenance and support agreement for the term February 21, 2015 through February 20, 2016 with Azteca Systems Inc. (11075 South State Street, Sandy, UT) for Cityworks work order and service request management software, in the amount of $22,405.00. Funding Source: Utilities Department: • Account 7125.62340 $10,702.86 • Account 7410.62340 $ 2,100 Public Works Department: • Account 2670.62509 $9,602.14 Annual maintenance and support for 2013 and 2014 was $22,405. The renewal cost for 2015 reflects zero increase from the previous year for the same number of licenses. Summary: Annual maintenance and support agreements are standard in the technology industry and are typically assessed by software companies to continuously improve software applications as well as to fund support centers with skilled employees for customers in Memorandum 112 of 493 order to resolve problems as quickly as possible. The City, as a customer with an active maintenance and support agreement, has access to all available fixes, updates, upgrades and enhancements to the software as well as access to online and telephone customer support. This is a sole source request because the only option for continuous comprehensive maintenance and support of the Cityworks application is Azteca Systems Inc., as the developer and distributor of the software. There are no independent third-party businesses that provide support for this product. History: Azteca Cityworks (Cityworks) is a GIS-centric asset and infrastructure management system that has been used by the Utilities Department since 2002. Public Work’s Forestry Division now utilizes Cityworks for managing work orders and service requests. Cityworks consists of two main components – a work order system that tracks costs associated with over 100 Water and Sewer work activities and a service request system that tracks nearly 50 types of customer calls. Alternatives: Currently, there are no practical alternatives to this renewal. Attachments: Cityworks Invoice 113 of 493 Statement Date 2/1/2015 Bill To City of Evanston Attn: Jose Calderon 2100 Ridge Ave Evanston, IL 60201 Azteca Systems, Inc. 11075 South State Street #24 Sandy, UT 84070 Phone: (801)-523-2751 Terms Net 30 Amount Due $22,405.00 Amount Enc. Current 0.00 1-30 Days Past Due 22,405.00 31-60 Days Past Due 0.00 61-90 Days Past Due 0.00 Over 90 Days Past Due 0.00 Amount Due $22,405.00 Date Description Amount Balance 01/01/2015 INV #10166. Due 01/31/2015. Orig. Amount $22,405.00. U&S - Evanston --- Update & Support-income $22,405.00 --- Tax: NA @ 0.0% = 0.00 22,405.00 22,405.00 114 of 493 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of February 23, 2015 Item A3.5 Business of the City by Motion: Four (4) Vehicle Purchases For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Dave Stoneback, Director of Utilities Lonnie Jeschke, CPFP, Manager Fleet Services Subject: Four Vehicle Purchases for Utilities Department Date: February 3, 2015 Recommended Action: Staff recommends City Council approval for the purchase of three (3) replacements and one (1) new vehicle for the Utilities Department in the total amount of $412,675.00 as follows: Currie Motors, (9423 W. Lincoln Highway, Frankfort, Illinois) in the amount of $61,080.00 and Standard Equipment (2033 W. Walnut Street, Chicago Illinois) in the amount of $351,595.00. Funding Source: The purchase of the two (2) Ford F-250 pick-up trucks with utility bodies and the one (1) Vactor Hydro-Excavator totaling $344,905.00 will be funded from the Water Fund (510.71.7130.65550) which has a FY2015 budget allocation of $346,500.00. The purchase of the one (1) tandem axle Pipe Hunter sewer rodder in the amount of $67,770.00 will be funded from the Sewer Fund (515.71.7400.65550), which has a FY2015 budget allocation of $95,000.00. Summary: The details of the vehicles/units to be replaced are listed below: Division/ Department Unit # Description Model Year Condition Original Purchase Price L.T.D. Repair $$’s L.T.D. Miles Water Division 931 F-350 w/Utility Body 2004 Very Poor $41,850 $71,527 133,533 Memorandum 115 of 493 Water Division 933 F-350 w/Utility Body 2006 Poor $38,349 $25,287 100,896 Sewer Division 945 Tandem Axle Rodder 1995 Poor $37,537 $12,763 6,610 Hours The recommended replacement unit purchases are as follows: Department Division Unit # Replacement Description Model Year Purchase Price Type of Bid or Quote Vendor Water Division 931 Ford F-250 W/ Utility Body 2015 $30,540 NWMC Currie Motors Water Division 933 Ford F-250 W/ Utility Body 2015 $30,540 NWMC Currie Motors Sewer Division 945 Pipe Hunter Trailer Rodder 2015 $67,770 NWMC Standard Equipment Water Division TBD Vactor Prodigy Hydro Excavator 2015 $283,825 NWMC Standard Equipment The vehicles listed for replacement support daily operations of the Utilities Department. The purchase of these four (4) units is crucial for safe, reliable, and cost effective operations on a daily basis. The existing two (2) Ford F-350’s (# 931& #933) have been downsized and are being replaced by Ford F-250’s and they are equipped with “selective catalytic reduction” (SCR) systems which emit only harmless water vapors with no particulate matter. The Vactor Prodigy also has this same SCR exhaust system whereas; the trailer rodder has a U.S.E.P.A. rating as a Tier III exhaust system. This is the latest available vehicle emission technologies in the market place at this point in time. The Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winners are Currie Motors for the Ford vehicles and Standard Equipment for the Vactor Unit and Trailer Rodder. There are no Evanston Based Businesses that can provide these types of vehicles. Attachments Specifications/pricing/pictures for the four (4) replacement vehicle/equipment purchases. 2 116 of 493 117 of 493 118 of 493 119 of 493 120 of 493 121 of 493 122 of 493 123 of 493 124 of 493 125 of 493 126 of 493 127 of 493 128 of 493 129 of 493 130 of 493 131 of 493 132 of 493 133 of 493 134 of 493 135 of 493 For City Council meeting of February 23, 2015 Item A3.6 Business of the City by Motion: 2015 Fuel Purchases For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Manager Fleet Services Subject: 2015 Fuel Purchases Date: February 10, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute a one-year agreement to purchase fuel in the amount of $792,000.00 from Palatine Oil Company Incorporated, located at 900 National Parkway, Suite 260, Schaumburg, Illinois 60173. Palatine Oil Company is the Northwest Municipal Conference Bid winner for all grades and types of fuels that are utilized by City vehicles assigned to various departments. Funding Source: Funding is provided from the Fleet Services Major Maintenance Budget for Automotive Equipment (600.26.7710.65035) for Fiscal Year 2015. The budget has an approved amount of $1,071,384.00 of which $950,000.00 has been allocated for these types of fuel purchases for the fiscal year. Funding for the twelve (12) months, March 1, 2015 to February 28, 2016 will be split between two fiscal years, 2015 ($660,000) and 2016 ($132,000). Summary: The Fleet Services Division of the Public Works Department has been purchasing fuels through the Northwest Municipal Conference Bid System for many years and has found the pricing structure to be very advantageous and in the best interest of the City of Evanston. There are no Evanston-based businesses that can provide these types of bulk deliveries of various types of fuel. Staff recommends City Council approval for Fleet Services to continue to purchase bulk fuel deliveries through this conference bid award for the next twelve (12) months, March 1, 2015 to February 28, 2016. Attachment: Northwest Municipal Conference Suburban Purchasing Cooperative documents. Memorandum 136 of 493 137 of 493 138 of 493 To: Honorable Mayor, Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director of Engineering & Infrastructure Stefanie Levine, PLA, Senior Project Manager Subject: Recommendation for Consulting Services for the Clark Street Beach Bird Habitat Restoration Project, RFP #14-66 Date: February 23, 2015 Recommendation Staff recommends that City Council authorize the City Manager to execute a consulting services agreement for the Clark Street Beach Bird Habitat Restoration Project with Kettelkamp & Kettelkamp Landscape Architecture located at 1315 Sherman Place, Evanston, Illinois 60201 at a total cost of $27,500.50. Funding Sources FY 2015 CIP #415424: $173,000 Discussion Northwestern University recently built a new visitor’s center immediately north of the City’s Clark Street Beach (located east of Sheridan Road at Clark Street). As a result of the University’s construction project, portions of the Clark Street Beach landscape (most notably a naturalized area regularly inhabited by migratory birds), was removed to accommodate the new building and its supporting infrastructure. Utilizing public tree removal fees collected from Northwestern as a result of their project, the City plans to restore the impacted bird habitat at Clark Street Beach. In December 2014, the City issued a Request for Proposal to consultants with expertise in landscape architecture and ecological restoration to develop design solutions for this project. On January 9, 2015, the Purchasing Department received proposals from eight professional consulting firms as noted below: Memorandum For City Council meeting of February 23, 2015 Item A3.7 Business of the City by Motion: Clark Street Beach Bird Habitat Consultant For Action 139 of 493 Consultant Address Applied Ecological Services 120 West Main Street, West Dundee, Illinois 60118 Design Workshop 224 South Michigan Avenue, Suite 1400, Chicago, Illinois 60604 Ecology + Vision, Llc. PO Box 601, Leland, Illinois 60531 Hey & Associates 8755 W. Higgins Road, Suite 835, Chicago, Illinois 60631 Kettelkamp & Kettelkamp Landscape Architecture 1315 Sherman Place, Evanston, Illinois 60201 The Lakota Group 212 W. Kinzie Street, 3rd Floor, Chicago, Illinois 60654 Premier Landscape Contractors, Inc. 16 W 179 Jeans Road, Lemont, Illinois 60439 Teska Associates, Inc. 627 Grove Street, Evanston, Illinois 60201 A committee was developed to review and evaluate the proposals consisting of the following members: Ashley Porta/Administrative Services, Paul D’Agostino/Public Works, Joe McRae/PRCS, Bob Dorneker/PRCS and Stefanie Levine/Public Works. Each committee member individually reviewed the proposals based on evaluation criteria outlined in the project’s RFP as stated below: 1. Qualifications and Expertise (25%) 2. Project Understanding (15%) 3. Price (30%) 4. Organization and Completeness of Proposal (10%) 5. Willingness to Execute City Agreement (10%) 6. M/W/EBE Participation (10%) Following the proposal review, the committee met to discuss the submissions and to develop a short-list for interview. The committee then interviewed the top three candidate firms. After the interviews, the committee met again to discuss the consultants, score the short-listed firms, and determine which firm to recommend for the project award. A scoring breakdown of the three interviewed firms is as follows: Consultant Qualifications & Expertise (25) Project Understanding (15) Price (30) Proposal Organization (10) Willingness to Execute Agreement (10) Proposed M/W/EBE (10) Total (100) Ecology + Vision 18 13 27 9 10 10 87 Kettelkamp & Kettelkamp 23 14 30 9 10 10 96 Teska Associates 17 11 20 8 10 10 76 140 of 493 Following consultant scoring and discussion, the committee recommends Kettelkamp & Kettelkamp Landscape Architecture based on the scoring results, their team’s significant experience with similar projects, their demonstrated understanding of this project, their participation in meeting the City’s M/W/EBE goals and their successful work on prior City projects. Of all RFP respondents, the committee felt that Kettelkamp & Kettelkamp demonstrated both the highest degree of overall expertise relative to this project and would provide the required services at the best overall value to the City. Kettelkamp & Kettelkamp is in compliance with the City’s M/W/EBE participation goals (see attached M/W/EBE memo for additional information). A breakdown of proposed funding for this project is as follows: Item Amount CIP Funding $173,000.00 Expenses / encumbrances to date $0 Recommended Award -$27,500.50 Remaining Balance $145,499.50 Remaining funds will be used for project construction. The project’s tentative schedule is to perform public involvement in spring 2015, design in summer 2015 and construction in fall 2015. ------------------------------------------------------------------------------------- Attachments: MWEBE Memo 141 of 493 To: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Senior Project Manager, Infrastructure & Engineering Stefanie Levine, PLA, Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Request for Proposal 14-66, Recommendation for Consulting Services for the Clark Street Beach Bird Habitat Restoration Project Date: February 23, 2015 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard the recommendation for RFP 14-66, Consulting Services for the Clark Street Beach Bird Habitat Restoration Project, Kettelkamp & Kettelkamp Landscape Architecture is found to be in initial compliance with the goal. They are an Evanston based business. Kettelkamp & Kettelkamp Landscape Architecture total base bid is $27,500.50, and will receive 100% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Kettelkamp & Kettelkamp Landscape Prime Contractor $27,500.50 100% X Total M/W/EBE $27,500.50 100% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum RFP 14-66, Recommendation for Consulting Services for the Clark Street Beach Bird Habitat Restoration Project, M/W/EBE Memo, 02.23.2015 142 of 493 For City Council meeting of February 23, 2015 Item A3.8 Business of the City by Motion: Standpipe Repair and Repainting For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services Subject: Contract for Repair and Repainting of the North and South Standpipes (Bid No. 15-03) Date: February 12, 2015 Recommended Action: Staff recommends that City Council authorize the City Manager to execute an agreement for the Repair and Repainting of the North and South Standpipes (15-03) to American Suncraft Construction Co. (10836 Schiller Road, Medway, OH) in the amount of $3,271,043. Staff also recommends accepting the total M/W/EBE waiver request and the partial LEP waiver request, subject to the final analysis of the certified payroll. Funding Source: Funding will be from the Water Fund (Account 513.71.7330.65515 - 733092). Funding in the amount of $3,500,000 was budgeted in FY 2015. Background: The Water & Sewer Division operates two standpipes. These standpipes serve as above ground water storage in the distribution system. They help maintain pressure throughout the system, preserve flows during firefighting operations and provide an emergency backup in the event of pumping outages at the main treatment plant. The North Standpipe stores 7.5 million gallons of water and is located at Gross Point Road and Central Street. The South Standpipe stores 5.0 million gallons of water and is located at Cleveland Street and Hartrey Avenue. Periodic painting of the standpipes is necessary to maintain the integrity of the steel walls. Generally, painting and minor repairs are performed once every 10 years. The standpipes were last painted in 1997 (North Standpipe) and 1996 (South Standpipe). In 2013, the City Council approved a contract with Tank Industry Consultants (TIC) to inspect the standpipes, design the rehabilitation and oversee the repair and repainting Memorandum 143 of 493 of both structures. In 2014, both standpipes were inspected by TIC, who found that it was necessary to completely sandblast and repaint both the interior and exterior of both standpipes. In particular, the exterior coating on the North Standpipe was found to be in generally poor condition and should be addressed by 2015 - 2016. During the repair and repainting, each standpipe is expected to be out of service for 3 – 4 months. In order to effectively operate the distribution system, only one standpipe can be out of service at a time. It was originally anticipated to complete work on the South Standpipe in Fall 2014, but the bids were very high, and the project was cancelled. It was decided to rebid both the North and South Standpipe as one contract to be completed in 2015. In addition to allowing only one standpipe to be out of service at a time, neither standpipe should be out of service during the time that the 1934 Reservoir is out of service for replacement. Construction on the replacement for the reservoir is expected to begin in 2016. Therefore, it is critical to get the repainting of the standpipes completed in 2015. The next available window would be after the completion of the new treated water storage facility in 2018, at which time the standpipe coating will be over 22 years old. In addition to sandblasting and repainting the interior and exterior of each standpipe, the scope of work includes simple repairs and safety improvements at both locations. Summary: The bid for Repair and Repainting was advertised on January 8, 2015 in the Evanston Review and on Demandstar. Bids were opened and publicly read on February 3, 2015. Eight (8) bids were received. The vendors submitting the bids were as follows: Vendor Information: Vendor Address American Suncraft Construction Co. 10836 Schiller Road, Medway, OH Civil Coatings and Construction Inc. 1651 West Lincolnway, Valparaiso, IN Classic Protective Coatings, Inc. N7670 State Highway, 25, Menomonie, WI D&M Painting Corporation 1500 Amity Ridge Road, Washington, PA Era-Valdivia Contractors, Inc. 11909 South Avenue O, Chicago, IL Horizon Bros. Painting 1053 Kendra Lane, Howell, MI Jetco, Ltd. PO Box 908, Lake Zurich, IL Tecorp, Inc. 221 Muriel Court, Joliet, IL The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until April 4, 2015. The bids were reviewed by Lara Biggs, Superintendent of Construction & Field Services. A detailed summary of bids is attached as Exhibit A. 144 of 493 Pricing Summary: Vendor Base Bid Price American Suncraft Construction Co. $2,747,093 Classic Protective Coatings, Inc. $3,392,450 Tecorp, Inc. $3,586,000 D&M Painting Corporation Non-responsive Civil Coatings and Construction Inc. Non-responsive Era-Valdivia Contractors, Inc. Non-responsive Jetco, Ltd. Non-responsive Horizon Bros. Painting Non-responsive In addition to the base bid, there were several bid alternates for contractors to propose pricing on. These are as follows: 1. Alternates 1 – 4: Paint 1 to 4 City logos on either standpipe. Pricing provided was for a single logo (in one color), such as “City of Evanston.” If this alternate were approved, a final logo would need to be determined. Price is presented as a single logo for each tank, with a unit price for up to three additional logos at each tank. Although the pricing is reasonable, staff is not currently recommending these alternates for acceptance. 2. Alternates 5 – 6: Alternate exterior coating system for each standpipe. The coating system specified for the base bid is similar to the existing exterior coating system on the North and South Standpipes. It is estimated to last 12 – 15 years before needing recoating. This alternate is the additional price for an ultra-high quality fluorourethane system which has a 15-year warranty and is estimated to last 25 years before needing recoating. 3. Alternates 7 – 8: Alternate interior coating system for each standpipe. Similar to Alternates 5 & 6, the coating system specified in the base bid is similar to the existing interior coating system on the North and South Standpipes. This alternate is the additional price for an ultra-high solids epoxy coating. 4. Alternate 9: Two electric mixers for South Standpipe. The North Standpipe currently has two electric mixers installed. These mixers improve water quality throughout the tank by preventing stratification of the stored water (layers of water in the tank in which the age of the water and the amount of chlorine residual differs depending on the height of the water). They also significantly reduce ice formation in the winter. This bid alternate is to provide a similar mixing system at the South Standpipe. Analysis: Staff finds American Suncraft to be the lowest responsible bidder in accordance with the technical specifications. The City’s engineering firm, TIC, has reviewed the bids and 145 of 493 found the pricing for the alternatives to be reasonable. Staff is recommending acceptance of Alternatives 5 through 9 for the use of the ultra-high quality fluorourethane paint on the exterior and ultra-high solids epoxy on the interior of both standpipes and to have the mixer system installed in the South Standpipe. The City’s engineering firm, TIC, has previously worked with American Suncraft and has found them to be reliable contractor. TIC also checked references and found them to be satisfactory. A letter from TIC with their review is attached. Project Funding is as follows: FY2015 Budget Allocation $ 3,500,000 Engineering costs (TIC) $ 118,000 Available Funding Balance $ 3,382,000 American Suncraft Base Bid $ 2,747,093 Available Funding Balance $ 634,907 Alt 5 - Exterior coating system for North $ 89,900 Alt 6 - Exterior coating system for South $ 78,500 Alt 7 - Interior coating system for North $ 175,800 Alt 8 - Interior coating system for South $ 137,250 Alt 9 - Mixing System for South $ 42,500 Available Funding Balance $ 110,957 M/W/EBE and the Local Employment Program: For information on compliance with the City’s M/W/EBE goals and Local Employment Program, see the attached memo. Attachments: Bid Tabulation for Bid 15-03, Repair and Repainting of North and South Standpipes Bid Review Letter from Tank Industry Consultants dated 02/17/15 Business Development Coordinator Memorandum dated 02/18/15 146 of 493 Bid Tabulation Repair and Repainting of North and South Standpipe Bid No. 15-03 Item No. Item Description American Suncraft Classic Protective Coatings Tecorp 1A Base Bid - North Standpipe $1,462,800 $1,876,150 $1,710,000 1B Base Bid - South Standpipe $1,196,793 $1,463,500 $1,650,000 2 Repair Welding $4,400 $4,000 $10,000 3 Pit Filling and Surfacing $1,700 $800 $6,000 4 Interior Chipping & Grinding $9,000 $7,500 $25,000 5A 30" Dia Shell Manhole Assembly - North Standpipe $33,500 $18,000 $85,000 5B 30" Dia Shell Manhole Assembly - South Standpipe $33,500 $18,000 $85,000 6 Additional Work $5,400 $4,500 $15,000 Total Base Bid $2,747,093 $3,392,450 $3,586,000 7A Alt 1- One Logo for North Standpipe $8,800 $7,000 $25,000 7B Alt 2 - One Logo for South Standpipe $8,800 $7,000 $25,000 8A Alt 3 - Add'l Logos (3) for North Standpipe $23,400 $19,500 $75,000 8B Alt 4 - Add'l Logos (3) for South Standpipe $23,400 $19,500 $75,000 9A Alt 5 - Alternate Exterior Coating System for North $89,900 $129,822 $125,000 9B Alt 6 - Alternate Exterior Coating System for South $78,500 $110,870 $100,000 10A Alt 7 - Alternate Interior Coating Sys for North $175,800 $176,135 $100,000 10B Alt 8 - Alternate Interior Coating Sys for South $137,250 $126,800 $100,000 11 Alt 9 - Two GridBee GS-12 Electric Mixers for South $42,500 $32,000 $50,000 Base Bid + Exterior and Interior Alt Coatings + Mixers $3,271,043 $3,968,077 $4,061,000 (excluding logos) Notes: The following bidders submitted responses determined to be non-responsive: Civil Coatings, D&M Painting, Era-Valdivia, Jetco, and Horizon Bros. 147 of 493 148 of 493 Contract for Repair and Repainting of the North and South Standpipes (Bid 15-03) M/W/EBE Partial Waiver 2.23.2015 To: Dave Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: Contract for Repair and Repainting of the North and South Standpipes (Bid 15-03) Date: February 23, 2015 American Suncraft Construction Company will perform this work using a 6 to 8 person crew. This crew has specialized training to perform painting functions using specific equipment and at altitude on the side of the tank. As noted on the waiver request form and letter from American Suncraft Construction Company, they will hire one Evanston resident at a laborer level for site and general construction duties. Staff has provided them with updated LEP contact listings and is available to support their compliance. This arrangement may not provide a total of 15% Evanston labor in hours and the Purchasing division will evaluate the project after completion to determine total compliance levels. As such, American Suncraft Construction Company is requesting a full waiver of the MWEBE goal due to a lack of subcontracting opportunities and a partial waiver for the reasons noted above and in the attached letter. Staff recommends accepting the partial waiver request for LEP requirements, subject to the final analysis of payroll and a full waiver of MWEBE requirements. CC: Martin Lyons, Assistant City Manager/CFO Attachments: American Suncraft Construction -Explanation Letter American Suncraft Construction - MWEBE Waiver; LEP Partial Waiver Forms Memorandum 149 of 493 150 of 493 151 of 493 152 of 493 For City Council meeting of February 23, 2015 Item A3.9 Business of the City by Motion: Emerson/ Ridge/ Green Bay Project For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director, Engineering & Infrastructure Subject: Emerson/Ridge/Green Bay Intersection and Green Bay Road Corridor Phase II Engineering Services Contract - RFQ #13-12 Date: February 12, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute an agreement for the Phase II Engineering Services with ESI Consultants, Ltd., (1979 N. Mill Street, Suite 100, Naperville, IL 60563) in the amount of $499,880.52 for the selected option of the Emerson Street/Ridge Avenue/Green Bay Road Corridor Improvement Project. Funding Source: Funding for this work will be from the FY 2015 CIP Funds (415.26.4150.65515/415942) and (415.26.4150.65515/415855) in the amount of $354,000.00. Background The City issued a Request for Qualification (RFQ # 13-12) for the engineering services for the Emerson/Ridge/Green bay Corridor Improvement project. The RFQ included tasks to complete the following: 1) Phase I (design engineering), 2) Phase II (construction plans), and 3) Phase III (construction engineering). The City Council approved the contract award for Phase I at the October 28, 2013 Council meeting. A recommended option for Emerson/Ridge/Green bay Corridor Improvement Project was then selected. Staff requests approval to contract for IDOT required Phase II engineering services for both Emerson/Ridge/Green Bay Intersection and Green Bay Road Corridor from Asbury Avenue to McCormick Blvd. Summary: The City has received approval for a grant in the amount of $1,785,000 from the Federal Surface Transportation Program (STPU) to improve the intersection of Emerson Street, Ridge Avenue, and Green Bay Road through North Shore Council of Mayors. The Memorandum 153 of 493 project limits are at the multi-legged Emerson Street / Ridge Avenue / Green Bay Road Intersection. The intersection of Emerson Street/Ridge Ave/Green Bay Road, including a. Emerson Street (Asbury Avenue - Oak Avenue) b. Ridge Avenue (Clark Street – Garnett Place) c. Green Bay Road (Ridge Avenue - Asbury) The Phase I Engineering for this project is substantially complete and we are ready to submit the engineering report to Illinois Department of Transportation (IDOT) for approval. As part of the intersection project, phase I engineering plans to improve Green Bay Road from Asbury Avenue to McCormick Blvd are in development. Congestion Mitigation Air Quality (CMAQ) funding through CMAP for the Green Bay Road improvements have also been requested. Based on engineering analysis and community input, staff is presenting the recommended improvement plans to the City Council at the February 23rd council meeting. The consultant started the project with data collection in early 2014. The first public meeting was held on April 2, 2014 to get the input from public on the project expectations. Two advisory committee meetings were held to develop and present the improvement options. The second public hearing was held on October 29, 2014 to present three intersection improvement options and get input from the residents. A web survey was also conducted to narrow the proposed improvement option. A third community/ public meeting was held on February 11, 2015 to present the streetscape improvements as well as two intersection improvement options. Based on the public input we have two improvement options for Emerson/Ridge/Green Bay Road that are listed below: 1. Green Bay Road one-way northbound option in which the southbound Green Bay traffic would use Asbury Avenue and Emerson Street. 2. Intersection three lane cross section option in which a left turn lane is proposed on Green Bay Road and Emerson Street. After the council approvals of the proposed option, the consultant will submit the Phase I engineering Report for IDOT approval. After the Phase I Design approval, the consultant will begin Phase II engineering for construction plan preparation. The final construction plans have to be approved by the IDOT and the contract will be awarded through State letting. The scope and cost of the Phase II Engineering Services for Emerson/Ridge/Green Bay Intersection, as well as Green Bay Corridor from Asbury to McCormick Blvd., is attached. ESI Consultants are satisfying their M/W/EBE goals by having KettleKamp & KettleKamp (EBE) for streetscape/ landscape design, Millennia Professional Services (DBE) for topographic survey, GSG Consultants, Inc. (MBE) for geo-technical investigation and Delta Engineering (MBE) for drainage design support. The total value of the M/W/EBE subcontracted work is 25% of the total contract amount. The M/W/EBE Page 2 of 3 154 of 493 schedule and supporting documentation has been reviewed and approved by the Business Diversity Compliance Officer, as indicated (see attachments). Attachments: Scope & Fee Proposal Memo MW/EBE Page 3 of 3 155 of 493 City of Evanston RFQ 13-12 Emerson Street / Ridge Avenue / Green Bay Road and Green Bay Road Corridor Improvements Scope of Services – Phase 2 January 20, 2015 Introduction After a Qualifications Based Selection process the City of Evanston selected ESI Consultants, Ltd for RFQ 13-12 Emerson Street / Ridge Avenue / Green Bay Road Improvements Project. The selection was for Phase 1 (Studies), Phase 2 (Plans Specifications and Cost Estimates) and Phase 3 (Construction Engineering services). However, the original agreement executed on December 2, 2013, only included services for Phase 1 (Studies) since the order of magnitude for the Phase 2 and Phase 3 services was not yet sufficiently defined. This submittal now proposes the scope of services for the necessary for Phase 2 work—the preparation of plans, specifications, and estimates. The project is defined as an intersection improvement to the multi-legged Emerson Street / Ridge Avenue / Green Bay Road Intersection. In addition, it includes Green Bay Road corridor improvements from Asbury to South of Mccormick Blvd. This project has potential funding source through (CMAP North Shore Council, STP funds). The construction costs is anticipated to be in the range of $2,500,000 to $2,900,000. Project Understanding This project involves the Emerson / Ridge / Green Bay Intersection (ERGB) and the Green Bay Road Corridor which is north of Asbury. The construction documents will consist of a single set of plans that cover both improvement segments. The following is the project scope: A. Improvement No 1 - Emerson Street /Green Bay Road/Ridge Avenue Intersection The intersection of Emerson Street /Green Bay Road/Ridge Avenue provides a main transportation access to the Downtown City of Evanston and to Northwestern University campus. The project limits along Ridge Ave extend from Clark Street to South of Garnett St. Emerson Street limits extend from Asbury Avenue to Maple Avenue, and Green Bay Road from Ridge Ave. to Asbury Ave. The following is a brief summary of the preliminary scope of work for the intersection improvement of Emerson Street / Green Bay Road/Ridge Avenue: • Options 1 or 3 as shown in the second public meeting will be implemented depending on final IDOT and Council approvals. • Removal of the split / divide on Green Bay Road south of Emerson (based on this change as well as the other lane configuration changes it is assumed that the majority of the ERGB area pavement will be reconstructed) • Update roadway lighting throughout the location Page 1 156 of 493 • Add enhanced lighting at the Railroad Underpass / ERGB intersection (final options to be determined) • Construct new interconnected traffic signals at the following intersections. o Asbury at Green Bay o Asbury at Emerson o Green Bay at Emerson o Green Bay at Ridge o Ridge at Emerson B. Improvement No 2 - Green Bay Road Corridor Green Bay Road has a four lane cross section between the proposed intersection improvements at Emerson / Ridge / Green Bay Roads and the north limits of Evanston. The City of Evanston proposes to improve Green Bay Road from Asbury Avenue (northwest of the intersection improvements) to McCormick Boulevard by reconfiguring the cross section to provide a three lane cross section including a two way left turn lane and additional greenspace and streetscaping. This will allow for a more pedestrian / bicycle / transit friendly route while potentially improving traffic safety and traffic flow. In addition, traffic signal modernization is proposed (with signal interconnect) at the following intersections. o Green Bay at Simpson Street o Green Bay at Noyes Street o Green Bay at McCormick Blvd. C. Watermain Improvement ESI will incorporate PS&E of watermain replacement plans which were prepared by the City of Evanston into the roadway improvement plans detailed herein. The watermain plans include the following limits: • Green Bay Road – Emerson to Simpson • Asbury – Emerson to Greenbay Road The PS&E Documents for this contract involves the following tasks: Task 1. Project Initiation and Kick Off Meeting The consultant team will meet with City staff for a project initiation meeting to review the scope of services and project schedules. The purpose of the meeting will be to confirm project scope and priorities, establish communication protocols and to confirm the preliminary project schedule. Task 2. Update Data Collection City previously provided information related to existing utilities including but not limited to storm sewer, sanitary sewer, and traffic signal plans including any interconnect systems within the area. The ESI Team will make a concerted effort to collect any additional information and data deemed pertinent to the project. This may include any recent and pending proposed developments in the project vicinity. The ESI Team will also continue to coordinate with other known private utilities (ComEd, NICOR, AT&T, etc) for existing plans. This task will include up to 2 Site Visits for each improvement segment. Page 2 157 of 493 Task 3. Detailed Topographic Survey with Utility Information (Millennia - MBE) The ESI Team will perform a full topographic survey of the project limits. 1) The survey limits generally extend beyond the improvement limits to accommodate anticipated maintenance of traffic. Limits of survey will include the following locations: a) Improvement No 1 - Emerson Street and Green Bay Road/Ridge Avenue Intersection • Emerson Street – from 500 feet west of Asbury Avenue to Benson Street. (net 2,000 feet) • Ridge Avenue – from Church Street to 500 feet north of Foster Street. (2,200 feet) • Green Bay Road – from Ridge Avenue to Asbury Avenue. (1,100 feet). • Asbury Avenue – from 500 feet south of Emerson Street to Green Bay Road. (1000 feet) b) Improvement No 2 - Green Bay Road Corridor • Green Bay Road – from Asbury Avenue to 500 feet northwest of McCormick Boulevard. (3,000 feet) The general scope of the topographic survey will include the following tasks 1) Establish vertical and horizontal control using state plane coordinates. Establish control points and benchmarks with ties following IDOT survey requirements. 2) Obtain necessary documentation (Sidwells, plats, etc.) to establish the existing right-of-way. 3) Locate any existing ROW markers or property corners within the project limits as required to establish the existing ROW locations. 4) Measure the topographic features of the full roadway rights-of-way and ten (10) feet beyond the outside limits of the existing right-of way (or extending to existing building lines). 5) Locate roadway pavement and curb & gutter edges, driveways, materials, etc. Also locate bridge and retaining wall features including vertical clearances. 6) Provide standard utility location, based on above ground evidence, including but not limited to: sanitary sewer and storm sewer manholes, storm sewer catch basin and inlets, culverts, water main valve vaults, valve boxes, and b-boxes, hydrants, meter vaults, dry utility (electric, telephone, gas) manholes, hand holes, splice boxes, valve boxes and pipeline markers. a) Storm and Sanitary Sewers: manhole, catch basin, and inlet structures shall be opened, if not locked, and data regarding pipe sizes, flow directions, and invert elevations shall be recorded. b) Watermain Systems: valve vault structures shall be opened, if not locked, and data regarding pipe sizes and inverts shall be recorded. 7) Provide locations of trees with a caliper of 6 inches or greater and shrubs over 1.5 feet tall. 8) Cross sections at 50’ intervals, cross streets, and driveways. Cross sections should extend 10’ beyond the right-of-way. 9) Survey points shall use IDOT point codes 10) Locate all utilities within the project limits. The designer shall request a Julie locate prior to the survey. The surveyor must give 2 weeks notice prior to commencing the utility survey. 11) The surveyor will provide any necessary traffic control. Task 4. Geotechnical Investigation and Reports (GSG- MBE) 1) Conduct soils investigation to identify soils stability, and subgrade conditions. Field work includes: a) Contract No 1 - Emerson Street and Green Bay Road/Ridge Avenue Intersection Page 3 158 of 493 • 5 borings of 25 foot lengths intended for traffic signal foundation designs, pavement design and estimating undercutting, and for evaluating retaining wall. • 5 pavement cores to determine pavement composition and condition • 1 structure borings of 30 foot length intended for the evaluation of the retaining wall b) Contract No 2 - Green Bay Road Corridor • 4 borings of 10 foot lengths intended for the pavement design and estimating undercutting. • 2 borings of 25 foot lengths intended for traffic signal foundation designs. • 2 pavement cores to determine pavement composition and condition 2) Prepare a structure geotechnical report and a soils investigation report which summarize field and laboratory test data including soil boring profiles and computer generated boring logs meeting IDOT guidelines. Task 5. Drainage and Utility Studies (with Delta - MBE) 1) Utilize the drainage boundaries, localized drainage conditions, detention requirements, and outfall constraints identified in the Phase 1 report and revise as necessary to comply with the City of Evanston’s Storm Water Control Ordinance and the Cook County Stormwater Management Plan. 2) Develop layout and sizing for the proposed storm sewer and detention requirements. 3) Develop proposed Drainage Report solutions including items such as bio-swales, permeable pavement, rain gardens, and other “eco-friendly” improvements. 4) Complete and submit drainage analysis and calculations for City, County, and IDOT review. 5) Identify impacts to adjacent utilities due to roadway construction. Task 6. Prefinal Contract Plans and Documents ESI will prepare Roadway and Traffic Signal Plans for a single construction stage. The contract plans, specifications, and estimates will be prepared according to IDOT’s Bureau of Local Road’s and Streets Manual, their policies and procedures as they relate to processing of contract plans for Federal funding. 1) Contract Plans shall include a. Cover Sheet including location map b. Index of Sheets/General Notes/List of Standards c. Summary of Quantities - This task includes the preparation of preliminary quantity take-offs d. Schedule of Quantities e. Typical Sections – Existing and Proposed f. Alignment & Ties g. Maintenance of Traffic Plans h. Existing and Proposed Plan and Profile – 20 scale • Emerson Street: 2 sheets • Ridge Avenue: 3 sheets • Green Bay Road: 1 sheet • Asbury Avenue: 0 sheets (included on Emerson and Green Bay Road sheets) i. Drainage and Utilities j. Erosion Control Plan k. Pavement Marking and Street Signing Page 4 159 of 493 l. Streetscaping Plans m. Traffic Signal Plans n. Cable Plan with: • Schedule of Quantities • Phase Designation Diagram • EVP System Plan o. Traffic Signal Interconnect Plans p. Mast Arm Mounted Street Name Signs q. Details • D1 Standard Traffic Signal Design Details • D1 Standard Typical Pavement Marking Details • Construction Details (Pvmt Joint / Elevations / Intersection Details) r. Cross Section 2) Specifications shall include: a. Project Specific b. City of Evanston Special Provisions (provided by City) c. District One Special Provisions d. BDE and Local Roads Special Provisions 3) Estimates shall include: a. Estimate of Construction Cost (with prices and percentage breakdowns as required by IDOT) b. Prepare Estimate of Time Required 4) Meetings (plan review)/Field Checks/Coordination 5) Permitting Task 7. Final Contract Plans and Documents 1) Address the pre-final plan review comments provided by the IDOT (including preparation of disposition of comments). 2) Update construction specifications and special provisions 3) Update Estimate of Construction Cost (with and without prices). 4) Update Estimate of Time Required 5) Submit PS&E for Final Review 6) Based on comments received, final contract plans, specifications, and documents will be prepared (15 sets of drawings and specifications) including engineers opinion of probable construction costs. Task 8. Bidding and Construction Phase Services 1) Respond to Bidder Inquires and Issue addenda as required. 2) Construction Phase coordination Page 5 160 of 493 Task 9. Project Administration and Coordination Project Administration Includes coordination for staff assignments, invoicing, scheduling, coordination with Client, IDOT and FHWA. Also includes attendance at up to 2 IDOT / FHWA coordination meetings and monthly status update reports provided to City. 1) Project Planning 2) Scheduling 3) Invoicing 4) Budgeting 5) Client Coordination and Correspondence 6) Meetings - Attendance at up to 10 meetings with the CLIENT and/or public agencies (IDOT, Cook County County, the City of Evanston, MWRDGC) Railroad Coordination Meetings Joint telephone conference with Union Pacific and Metra Engineering staff to review proposed plans, discuss any potential impacts to railroad facilities or operations, and discuss design commitments and/or restrictions. Time also included for coordination and preparation of plan details and special provisions for work affecting railroad facilities. Prepare and distribute teleconference minutes. Task 10. Community Outreach / Public Involvement Public Meetings We have included one public meeting to present the anticipated construction schedule and staging plans. ESI will plan, manage and execute all event management aspects of the public meetings in support of the design efforts. ESI Team responsibilities include: • Overall event management; • Venue research, site-inspection, comparison and selection; • Meeting planning and conference services and production scheduling; • Audio-visual procurement, production and technical support; • Research, source and manage liability insurance requirements; • Manage event communication / invitation process; • Online registration management including name badge fulfillment and customer service both pre-event, on-site and post event: • Manage event follow-up to measure success of meetings and prepare a summary of stakeholder feedback. • It is assumed that the meeting location will be at a City owned venue with no costs to the project Website The ESI Team will continue to maintain the project specific website with a link on the City of Evanston’s website home page. The website will continue to serve as an information portal related to the project including: • Calendar of events • Community benefits Page 6 161 of 493 • Community outreach efforts • Project scope and timeline • Public meeting information • Photo gallery • Design options • Beautification/environmental goals • Contact information Task 11. Structure Plans for Retaining Wall Includes structural calculations and the preparation of Final Structure Plans for the proposed retaining wall located at the southwest quadrant of the intersection. The approximate length and height is 300 feet and 4 feet, respectively. Task 12. Phase 2 Lighting Proposed Lighting Design Roadway lighting design and construction plans will be developed for the Emerson St./Ridge Avenue/ Green Bay Rd. Intersection and adjacent roadway legs to the following limits: • Emerson Street from west of Asbury Ave. to east of Oak Ave. • Ridge Avenue from south of Clark Street to south of Garnett Pl. • Green Bay Road from Ridge Avenue to north of Asbury Ave. • Green Bay Road from north of Foster Street to McCormick Boulevard. Lighting photometrics will be developed for the roadway segments and intersections including one main intersection photometric that will evaluate the anticipated open space beneath the viaduct at the main intersection. Decorative lighting concepts will be researched for the area around and beneath the viaduct and a concept report will be developed with analysis of up to two alternatives for the City to choose from. Design activities including location of fixtures and foundations, location/use of new or existing cabinets & circuits, panel schedules, circuit diagrams and necessary lighting details. Support work includes power load calculations, voltage drop calculations and coordination with the utilities for new power service if necessary. Appropriate specifications in IDOT format will be provided. Cost estimates for construction will be provided at each phase for the proposed lighting. Submittals include: • 60% Preliminary Design Plans & Outline Specifications • 100% Final Plans & Specifications • Issued for Bid Plans and Specifications Task 13. LEED/I-LAST Implementation I-LAST Check List Review and update where appropriate of the Illinois - Livable and Sustainable Transportation (I- LAST) Rating System and Guide from IDOT. Also, review, update, and distribute to team members the checklist of opportunities for sustainable features, specific to the project, for potential product consumption savings, environmental benefits, best management practices, innovation and progress toward meeting the project rating goals. Monitor the Rating Goal for the project and highlight areas Page 7 162 of 493 that are key to achieving the goals. Distribute information to explain the goals to the team members and encourage innovation to exceed the project goal. Sustainability Reviews Conduct sustainability reviews of the project at key submittals and prepare a report on the key sustainable elements of the project, progress toward meeting the ratings goal, and implementation recommendations going forward to ensure sustainable measures are being followed in all aspects of the design. Task 14. Landscape / Streetscape issues (with Kettelkamp and Kettlekamp – WBE / EBE) Provide design development and construction documents for the following scope items: 1. Coordination of all landscape consulting work with the other design consultants, including, but not limited to, Civil, Structural, MEP and Site Lighting. 2. Compliance with City of Evanston Zoning Department approval process, Landscape Ordinance, Illinois Accessibility Code, and other regulatory requirements. 3. Design of pedestrian pavements including material selection and layout for all public sidewalks fronting the streetscape and within the project area. 4. Design of streetscape, bridge painting enhancement, landscape walls, steps, railings, fences and related site structural elements. 5. Specification of site furnishings including freestanding planters, waste receptacles, tree grates and seating. 6. Design of all site plantings including trees, shrubs, perennials and seasonal container displays, (if applicable). Task 1.0: Design Development 1.1. Review of the final schematic design master plan with Client to define the scope of projects intended for construction implementation 1.2. Preparation of a design development drawing package showing the physical layout as well as the selected construction materials of all structural garden elements for the selected garden projects. Preparation of a comprehensive planting plan showing varieties and approximate locations for suggested trees, shrubs, groundcovers, perennials and vines within the garden project area. 1.3. Up to one Community Meeting to present the design development drawing package to the City of Evanston to receive feedback and commentary necessary to set final direction for preparation of a comprehensive construction document package. 1.4. Revisions to landscape drawings to illustrate final approved design, as required by Client and as a result of review by the Local Governing Authorities. Task 2.0: Construction Documents 2.1 Preparation of construction documents suitable for bidding, procurement, construction and installation, sufficiently detailed for all landscape features, planting types, and technical specifications. Page 8 163 of 493 2.2 Up to three meetings and discussions with City staff throughout the process to coordinate the site development and landscape design with all other structures and site engineering systems; 2.3 Design and drawing review with the City. Exclusions This agreement does not include services for: • Water Main and Sanitary Sewer design and permitting (none is anticipated) • Construction Engineering Services (future agreement) • Right of Way and/or Easement plats (none is anticipated) Schedule Following notice to proceed, it is estimated that 11 months will be required to prepare the items listed under the “Scope of Services”. This is subject to timely reviews and approvals from all involved agencies based on the following review turnaround times: • Review of Prefinal Submittal: 5 weeks • Review of Final Submittal: 2 weeks Upon approval of this agreement the effective start date is the IDOT coordination meeting for Federal Funding Coordination. Other items in this agreement will not begin prior to the authorization from the City or IDOT (either in the form of the approval from the Secretary of Transportation or designee or in the form of the Intergovernmental Agreement or similar authorization) Compensation ESI Consultants, Ltd (ESI) proposes to provide the necessary professional consulting service for a not to exceed fee as shown in the attached detailed Cost Estimate of Consultant Services (CECS) form for IDOT / Federal Funding. END Page 9 164 of 493 DF-824-034 REV 12/04 PREPARED BY ESI Consultants, Ltd Printed 1/20/2015 COST ESTIMATE OF CONSULTANT SERVICES Firm ESI Consultants, Ltd.DATE 12/19/14 Route Emerson/Green Bay/Ridge Intersection & GBR Corridor Local Agency City of Evanston Section OVERHEAD RATE 1.3274 Prime/Supplement Prime COMPLEXITY FACTOR 0 Project Job No. Type of Funding Federal DBE OVERHEAD IN-HOUSE Outside SERVICES % OF DROP TASK #ITEM MANHOURS PAYROLL &DIRECT FIXED Direct BY D/M/WBE TOTAL GRAND BOX FRINGE BENF COSTS FEE Costs OTHERS TOTAL TOTAL (A)(B)( C )(D)(E)(F)(G)(H)(B-G) 1 Project Initiation & Kick-off meeting 28 1,325.94 1,760.05 160.00 470.67 0.00 0.00 0.00 3,716.66 0.74% 2 Data Collection 40 1,419.19 1,883.83 160.00 502.14 0.00 0.00 0.00 3,965.15 0.79% 3 Topographic Survey 26 966.80 1,283.33 0.00 326.27 0.00 51,538.37 51,538.37 54,114.76 10.83% 4 Geotechnical Investigation 38 1,434.75 1,904.49 0.00 484.19 0.00 19,900.00 19,900.00 23,723.43 4.75% 5 Drainage and Utility 136 6,305.40 8,369.79 160.00 2,151.10 0.00 22,485.16 22,485.16 39,471.46 7.90% 6 Prefinal PS&E 2034 72,696.13 96,496.84 80.00 24,544.58 600.00 0.00 0.00 194,417.55 38.89% 7 Final PS&E 405 16,822.45 22,330.12 40.00 5,682.92 1,200.00 0.00 0.00 46,075.50 9.22% 8 Bidding Phase Services 48 1,786.06 2,370.82 80.00 614.35 0.00 0.00 0.00 4,851.23 0.97% 9 Project Administration and Coordination 168 7,759.77 10,300.32 0.00 2,618.71 0.00 0.00 0.00 20,678.80 4.14% 10 Community Outreach / Public Involvement 144 6,081.69 8,072.83 0.00 2,052.41 0.00 0.00 0.00 16,206.93 3.24% 11 Retaining Wall Design 170 6,379.26 8,467.83 40.00 2,158.63 0.00 0.00 0.00 17,045.73 3.41% 12 Phase 2 Lighting 324 10,435.72 13,852.38 120.00 3,539.17 0.00 0.00 0.00 27,947.27 5.59% 13 LEED/I-LAST Implementation 42 1,796.43 2,384.59 0.00 606.25 0.00 0.00 0.00 4,787.27 0.96% 14 Landscape / Streetscape issues 97 4,226.95 5,610.85 100.00 1,440.98 0.00 31,500.00 31,500.00 42,878.78 8.58% TOTALS 3700 139,436.55 185,088.07 940.00 47,192.37 1,800.00 125,423.53 125,423.53 499,880.52 100.00% The fee assumnes all task will proceed concurrently and will have timely reveiws and a normal progression of work. D/M/WBE =25.1% This spreadsheet is for calcuation purposes only, actual payment will be based on the hours worked x direct labor multiplier (DLM) of 2.85 plus direct expenses and subcons. fees Cost Plus Fixed Fee 1: 14.5%[DL + R(DL) + OH(DL) + IHDC] COST PLUS FIXED FEE Exhibit A - Design Engineering (Phase 2) Compensation Calculation formula: 165 of 493 DF-824-034 REV 12/04 PREPARED BY ESI Printed 1/20/2015 AVERAGE HOURLY PROJECT RATES Firm ESI Consultants, Ltd. Route Emerson/Green Bay/Ridge Intersection & GBR Corridor DATE 12/19/14 Local Agency City of Evanston SHEET 1 OF 3 PAYROLL AVG HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg President / Principal **70.00 115 3.11%2.18 8 28.57%20.00 0 0 0 12 8.82%6.18 Vice President / Director 69.94 8 0.22%0.15 0 0 0 0 8 5.88%4.11 Senior Manager 62.22 12 0 0 0 0 0 Senior Consultant 59.16 40 1.08%0.64 0 0 0 0 40 29.41%17.40 Sr. Project Manager 57.38 325 8.78%5.04 0 0 0 6 15.79%9.06 8 5.88%3.38 Project Manager 45.86 732 19.78%9.07 12 42.86%19.65 16 40.00%18.34 10 38.46%17.64 4 10.53%4.83 8 5.88%2.70 Senior Resident Engineer 43.20 0 0 0 0 0 0 Structural Project Manager 50.75 71 1.92%0.97 0 0 0 0 0 Senior Structural Proj Eng 42.53 0 0 0 0 0 0 Resident Engineer 2 29.73 0 0 0 0 0 0 Project Engineer/ RE 1 34.97 511 13.81%4.83 0 0 8 30.77%10.76 16 42.11%14.72 0 Engineer 3 30.24 480 12.97%3.92 0 0 0 0 0 Engineer 2 28.56 921 24.89%7.11 4 14.29%4.08 24 60.00%17.14 8 30.77%8.79 0 60 44.12%12.60 Engineer 1 27.39 0 0 0 0 0 0 Senior Technician 30.61 148 4.00%1.22 0 0 0 0 0 Technician 3 28.97 265 7.16%2.07 0 0 0 12 31.58%9.15 0 Technician 2 20.40 0 0 0 0 0 0 Technician 1/Intern 13.57 0 0 0 0 0 0 Admininstrative Associate 3 25.35 60 1.62%0.41 4 14.29%3.62 0 0 0 0 Admininstrative Associate 2 18.87 12 0.32%0.06 0 0 0 0 0 Admininstrative Associate 1 15.66 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS 3700 100%$37.69 28 100%$47.35 40 100%$35.48 26 100%$37.18 38 100%$37.76 136 100%$46.36 Drainage and Utility TOTAL PROJECT RATES Project Initiation & Kick-off meeting Data Collection Topographic Survey Geotechnical Investigation 166 of 493 DF-824-034 REV 12/04 PREPARED BY ESI Printed 1/20/2015 ' AVERAGE HOURLY PROJECT RATES Firm ESI Consultants, Ltd. Route Emerson/Green Bay/Ridge Intersection & GBR Corridor DATE 12/19/14 Local Agency City of Evanston SHEET 2 OF 3 PAYROLL AVG HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg President / Principal **70.00 18 0.88%0.62 16 3.95%2.77 0 24 14.29%10.00 16 11.11%7.78 0 Vice President / Director 69.94 0 0 0 0 0 0 Senior Manager 62.22 12 0 0 0 0 0 Senior Consultant 59.16 0 0 0 0 0 0 Sr. Project Manager 57.38 145 7.13%4.09 88 21.73%12.47 0 40 23.81%13.66 24 16.67%9.56 0 Project Manager 45.86 404 19.86%9.11 63 15.56%7.13 24 50.00%22.93 56 33.33%15.29 40 27.78%12.74 0 Senior Resident Engineer 43.20 0 0 0 0 0 0 Structural Project Manager 50.75 10 0.49%0.25 0 0 0 0 59 34.71%17.61 Senior Structural Proj Eng 42.53 0 0 0 0 0 0 Resident Engineer 2 29.73 0 0 0 0 0 0 Project Engineer/ RE 1 34.97 331 16.27%5.69 110 27.16%9.50 0 0 0 6 3.53%1.23 Engineer 3 30.24 375 18.44%5.58 0 0 0 0 105 61.76%18.68 Engineer 2 28.56 588 28.91%8.26 0 24 50.00%14.28 0 56 38.89%11.11 0 Engineer 1 27.39 0 0 0 0 0 0 Senior Technician 30.61 0 128 31.60%9.67 0 0 0 0 Technician 3 28.97 151 7.42%2.15 0 0 0 0 0 Technician 2 20.40 0 0 0 0 0 0 Technician 1/Intern 13.57 0 0 0 0 0 0 Admininstrative Associate 3 25.35 0 0 0 48 28.57%7.24 0 0 Admininstrative Associate 2 18.87 0 0 0 0 8 5.56%1.05 0 Admininstrative Associate 1 15.66 0 0 0 0 0 0 TOTALS 2034 99%$35.74 405 100%$41.54 48 100%$37.21 168 100%$46.19 144 100%$42.23 170 100%$37.53 Retaining Wall DesignPrefinal PS&E Final PS&E Bidding Phase Services Project Administration and Coordination Community Outreach / Public Involvement 167 of 493 DF-824-034 REV 12/04 PREPARED BY ESI Printed 1/20/2015 ' AVERAGE HOURLY PROJECT RATES Firm ESI Consultants, Ltd. Route Emerson/Green Bay/Ridge Intersection & GBR Corridor DATE 12/19/14 Local Agency City of Evanston SHEET 3 OF 3 PAYROLL AVG HOURLY Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd Hours %Wgtd CLASSIFICATION RATES Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg Part.Avg President / Principal **70.00 0 4 9.52%6.67 17 17.53%12.27 0 0 0 Vice President / Director 69.94 0 0 0 0 0 0 Senior Manager 62.22 0 0 0 0 0 0 Senior Consultant 59.16 0 0 0 0 0 0 Sr. Project Manager 57.38 0 14 33.33%19.13 0 0 0 0 Project Manager 45.86 65 20.06%9.20 0 30 30.93%14.18 0 0 0 Senior Resident Engineer 43.20 0 0 0 0 0 0 Structural Project Manager 50.75 2 0.62%0.31 0 0 0 0 0 Senior Structural Proj Eng 42.53 0 0 0 0 0 0 Resident Engineer 2 29.73 0 0 0 0 0 0 Project Engineer/ RE 1 34.97 0 10 23.81%8.33 30 30.93%10.81 0 0 0 Engineer 3 30.24 0 0 0 0 0 0 Engineer 2 28.56 153 47.22%13.49 4 9.52%2.72 0 0 0 0 Engineer 1 27.39 0 0 0 0 0 0 Senior Technician 30.61 0 0 20 20.62%6.31 0 0 0 Technician 3 28.97 96 29.63%8.58 6 14.29%4.14 0 0 0 0 Technician 2 20.40 0 0 0 0 0 0 Technician 1/Intern 13.57 0 0 0 0 0 0 Admininstrative Associate 3 25.35 8 2.47%0.63 0 0 0 0 0 Admininstrative Associate 2 18.87 0 4 9.52%1.80 0 0 0 0 Admininstrative Associate 1 15.66 0 0 0 0 0 0 TOTALS 324 100%$32.21 42 100%$42.77 97 100%$43.58 0 0%$0.00 0 0%$0.00 0 0%$0.00 Phase 2 Lighting LEED/I-LAST Implementation Landscape / Streetscape issues 168 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Project Initiation & Kick-off meeting TASK TOTAL President / Principal ** Vice President / Director Sr. Project Manager Project Manager Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 Kick-off meeting 8 8 16 Project Inititiation 0 0 4 4 4 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hours 8 0 0 12 0 0 4 0 0 0 4 0 28 City of Evanston Staff 169 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Data Collection TASK TOTAL President / Principal ** Vice President / Director Sr. Project Manager Project Manager Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 General Data Collection 0 Project stakeholder information review 4 8 12 Utility Coordination 4 8 12 Site Visit 8 8 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hours 0 0 0 16 0 0 24 0 0 0 0 0 40 City of Evanston Staff 170 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Topographic Survey TASK TOTAL President / Principal ** Vice President / Director Sr. Project Manager Project Manager Resident Engineer 2 Project Engineer/ RE 1 Engineer 3 Engineer 2 Engineer 1 Senior Technician Technician 3 Technician 2 Technician 1/Intern 0 Survey Coordination 8 8 Survey Review/CAD implementation 8 8 Survey Data Analysis 2 8 10 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hours 0 0 0 10 0 8 0 8 0 0 0 0 0 26 City of Evanston Staff 171 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Geotechnical Investigation TASK TOTAL President / Principal ** Vice President / Director Sr. Project Manager Project Manager Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 Geotech Coordination 3 2 8 4 17 Geotech implementation 3 2 8 8 21 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hours 0 0 6 4 16 0 0 0 12 0 0 0 38 City of Evanston Staff 172 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Drainage and Utility TASK TOTAL President / Principal ** Vice President / Director Senior Manager Senior Consultant Sr. Project Manager Project Manager Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 0 Existing Drainage System 0 Review/summarize existing Drainage information 4 6 16 26 Proposed Drainage System- Layout and Sizing 4 4 8 Design Criteria 4 4 Outlet Evaluation 4 4 Detention Analysis 4 4 Local Coordination 2 8 10 Proposed Drainage Plan 8 8 Floodplain Evaluation 0 Calcs / Reporting 4 8 8 4 40 64 Delta Coordination 4 4 8 0 0 0 0 0 0 0 0 0 0 Hours 12 8 0 40 8 8 0 0 60 0 0 0 0 0 136 City of Evanston Staff 173 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 City of Evanston Prefinal PS&E TASK TOTAL No. of Sheets Hours per Sheet Total Hours President / Principal ** Senior Manager Sr. Project Manager Project Manager Structural Project Manager Senior Structural Proj Eng Project Engineer/ RE 1 Engineer 3 Engineer 2 Technician 3 0 1 Contract Plans 0 a Cover Sheet 1 8 8 1 1 6 8 b Index of Sheets/General Notes/List of Standards 1 24 24 3 4 17 24 c Summary of Quantities 3 16 48 4 8 12 24 48 d Schedule of Quantities 4 18 72 4 6 10 20 32 72 e Typical Sections 7 8 56 3 6 10 13 24 56 f Alignment, Ties and Benchmarks 2 9 18 4 14 18 g Maintenance of Traffic 0 MOT - Concept Study 10 11 110 16 86 8 110 MOT - Structural Inspection for Staging 16 8 8 16 MOT - Plans 14 13 182 20 36 62 64 182 h Plan and Profile (Existing and Proposed)8 19 152 6 8 20 36 82 152 i Drainage and Utility Sheets 10 14 140 8 12 36 32 52 140 j Erosion Control Plans 5 14 70 4 4 6 56 70 k Pavement Marking and Street Signing Plan 7 12 84 4 8 16 36 20 84 l Streetscaping Plans 5 4 20 4 16 20 m Traffic Signal Plans (8 intersections)8 15 120 45 75 120 Temporary Traffic Signal Plans 14 10 140 50 90 140 TS Cable Plan (8 intersections)8 15 120 45 75 120 o TS Interconnect Plan (8 intersections)4 13 52 16 36 52 p Mast Arm Mounted Street Name Signs 2 8 16 4 12 16 q Details 0 D1 Traffic Signal Design Details 5 2 10 10 10 Modify IDOT 8 4 32 8 24 32 Construction Details (Pvmt Joint/Elevations/Intersection)3 16 48 2 4 2 8 12 20 48 r Cross Sections (4 per Sht)30 4 120 14 10 10 86 120 2 Special Provisions 68 24 16 28 68 3.a Estimate of Cost 48 4 4 16 24 48 b Estimate of Time 24 4 4 16 24 4 Meetings/Field Checks/Coordination 152 12 24 48 32 20 8 8 152 5 Permitting 84 12 24 24 24 84 0 0 0 0 0 0 2034 0 Hours 18 12 145 404 10 0 331 375 588 151 2034 Staff 174 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Final PS&E TASK TOTAL President / Principal ** Vice President / Director Sr. Project Manager Project Manager Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 0 Address Prefinal Roadway Plan Comments 8 32 29 44 80 193 Address Prefinal Signal Plan Comments 4 16 30 30 48 128 Specifications 2 16 4 12 34 Cost Estimate 2 8 16 26 Estimate of Time 4 4 8 Utility Coordination 12 4 16 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hours 16 0 88 63 110 0 0 128 0 0 0 0 405 City of Evanston Staff 175 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Bidding Phase Services TASK TOTAL President / Principal ** Vice President / Director Senior Manager Senior Consultant Sr. Project Manager Project Manager Resident Engineer 2 Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 0 Bid Phase Coordination 8 8 16 Construction Phase Coordination 16 16 32 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hours 0 0 0 0 0 24 0 0 0 24 0 0 0 0 0 48 City of Evanston Staff 176 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Project Administration and Coordination TASK TOTAL President / Principal ** Vice President / Director Sr. Project Manager Project Manager Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 Administration 24 40 56 48 168 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hours 24 0 40 56 0 0 0 0 0 0 48 0 168 City of Evanston Staff 177 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Community Outreach / Public Involvement TASK TOTAL President / Principal ** Vice President / Director Sr. Project Manager Project Manager Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 Coordination 4 8 16 16 44 Public Meeting 8 16 12 40 76 Website updates (up to 3)4 12 8 24 0 0 0 0 0 0 0 0 0 0 Hours 16 0 24 40 0 0 56 0 0 0 0 8 144 City of Evanston Staff 178 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Retaining Wall Design TASK TOTAL No. of Sheets Hours per Sheet Total Hours President / Principal ** Vice President / Director Senior Manager Senior Consultant Sr. Project Manager Project Manager Senior Resident Engineer Structural Project Manager Senior Structural Proj Eng Resident Engineer 2 Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 Prefinal Plans 0 Retaining Wall Plan, Evelation & Sections 1 40 40 10 2 28 40 Retaining Wall Details 1 32 32 8 4 20 32 Foundation Details 1 24 24 6 18 24 Structural Calculations 16 16 16 16 Boring Logs 2 3 6 6 6 Quantities 20 6 14 20 Special Provisions 8 2 6 8 0 0 Final Plans 0 Review Pre-Final Plan and Disposition of Comments 4 4 4 Revise Pre-Final Plans 8 3 5 8 Final Quantities 8 8 8 Final Special Provisions 4 4 4 0 0 0 0 0 0 0 0 0 0 Hours 0 0 0 0 0 0 0 59 0 0 6 105 0 0 0 0 0 0 170 City of Evanston Staff 179 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Phase 2 Lighting TASK TOTAL President / Principal ** Vice President / Director Senior Manager Senior Consultant Sr. Project Manager Project Manager Senior Resident Engineer Structural Project Manager Senior Structural Proj Eng Resident Engineer 2 Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 0 Roadway Lighting Product research 6 16 4 26 Green Bay Rd , Ridge Ave., Emersoon St. Photomentrics 10 24 8 42 Intersection Photometrics (15 ea)7 18 2 27 Lighting load & Voltage drop Claculations 5 12 6 23 Decorative Lighting Product Research 4 2 6 Decorative Lighting Concepts Report 2 1 2 2 7 Preliminary Lighting Plans (8 sheets)4 20 22 46 Final Lighting plans (8 sheets)4 21 26 Lighting Details (7 sheets)4 1 16 16 Specifications 6 8 4 Cost Estimates 3 6 2 Address comments 6 8 8 admin 4 4 8 0 0 0 Hours 0 0 0 0 0 65 0 2 0 0 0 0 153 0 96 0 8 0 324 City of Evanston Staff 180 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 LEED/I-LAST Implementation TASK TOTAL President / Principal ** Vice President / Director Sr. Project Manager Project Manager Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 0 I-LAST Checklist and Project Goals 2 4 4 1 11 Project Sustainability Exhibits 1 4 6 6 1 18 Sustainability Reviews 1 6 4 2 13 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hours 4 0 14 0 10 0 4 0 6 0 0 4 42 City of Evanston Staff 181 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Landscape / Streetscape issues TASK TOTAL President / Principal ** Vice President / Director Sr. Project Manager Project Manager Project Engineer/ RE 1 Engineer 3 Engineer 2 Senior Technician Technician 3 Technician 1/Intern Admininstrative Associate 3 Admininstrative Associate 2 Landscape Streetscape Coordination 14 16 8 38 Landscape Streetscape CAD implementation 1 6 10 20 37 Landscape Streetscape Information Analysis 2 8 12 22 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Hours 17 0 0 30 30 0 0 20 0 0 0 0 97 City of Evanston Staff 182 of 493 DF-824-034 REV 12/04 Printed 1/20/2015 Index Description of Work In-House Direct Cost Outside Direct Cost In-House Section Total Outside Section Total 1 Project Initiation & Kick-off meeting $160.00 $0.00 travel 80mi RT @ $0.5/mi @ 4 trips $160 2 Data Collection $160.00 $0.00 travel 80mi RT @ $0.5/mi @ 4 trips $160 3 Topographic Survey $0.00 $0.00 4 Geotechnical Investigation $0.00 $0.00 5 Drainage and Utility $160.00 $0.00 travel 80mi RT @ $0.5/mi @ 4 trips $160 6 Prefinal PS&E $80.00 $600.00 travel 80mi RT @ $0.5/mi @ 2 trips $80 Printing 6 sets @ $100 each $600 7 Final PS&E $40.00 $1,200.00 travel 80mi RT @ $0.5/mi @ 2 $40 Printing 12 exhibits @ $100 each $1,200 8 Bidding Phase Services $80.00 $0.00 travel 80mi RT @ $0.5/mi @ 2 $80 9 Project Administration and Coordination $0.00 $0.00 Printing 10 Community Outreach / Public Involvement $0.00 $0.00 11 Retaining Wall Design $40.00 $0.00 travel 80mi RT @ $0.5/mi @ 1 $40 12 Phase 2 Lighting $120.00 $0.00 Travel 80mi RT @ $0.5/mi @ 3 trips $120 13 LEED/I-LAST Implementation $0.00 $0.00 14 Landscape / Streetscape issues $100.00 $0.00 Travel $100 Totals $940 $1,800 City of Evanston Detailed Direct Costs 183 of 493 To: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director, Engineering & Infrastructure From: Tammi Turner, Purchasing Manager Subject: Emerson/Ridge/Green Bay Intersection and Green Bay Road Corridor Phase II Engineering Services Contract – RFQ13-12 Date: February 23, 2015 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to Emerson/Ridge/Green Bay Intersection and Green Bay Road Corridor Phase II Engineering Services Contract, RFQ 13-12 with ESI Consultants Ltd., is found to be in initial compliance with the goal by subcontracting 25% of the contract work to certified M/W/EBE’s. ESI Consultants Ltd’s total base bid is $499,880.52.00, and will receive 24.7% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Millennia Prof Service Surveying $51,538.37 10% X GSG Consultants, Inc. Soil Investing $19,900.00 4% X Delta Engineering Group Drainage $22,485.16 4.4% X Kettelkamp & Kettelkamp Landscape Architecture $31,500.00 6.3% X Total M/W/EBE $125,423.53 24.7% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum Emerson/Ridge/Green Bay Intersection and Green Bay Road Corridor Phase II Engineering Services Contract – RFQ13-12 ESI Consultants, Ltd., M/W/EBE Memo 02.23.2015 184 of 493 For City Council meeting of February 23, 2015 Item A4 Business of the City by Motion: Change Order No. 2 for Automatic Meter Information System Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Kevin Lookis, Water Production Superintendent Subject: Approval of Change Order No. 2 for Automatic Meter Information System Project Date: February 5, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to execute Change Order No. 2 for the Automatic Meter Information System (RFP 13-04) with Water Resources Inc. (390 Sadler Ave., Elgin, IL). This Change Order will decrease the contract amount by $25,332.50 from $2,276,392.50 to $2,251,060.00 and extend the contract duration by 88 days to February 17, 2015. Funding Source: The original project in the amount of $2,277,317.00 is funded from the Water Fund (Account 733101). It has a total budget allocation of $2,400,000 ($1,800,000 in FY 2013, $500,000 in FY 2014 budget and $100,000 in FY 2015 budget). Background: On April 16, 2013 the City Council authorized the City Manager to execute an agreement with Water Resources Inc. to replace the original Automatic Meter Information system that was installed in 2000 through 2002 and at the end of its useful life. The project included replacing the current meter transmission units (MTU) with new units at all 14,400 accounts and the replacement of approximately 1,200 meters. This project went very well and is now complete. Analysis: This change order addresses the following items: Memorandum 185 of 493 Item 1 – Installation and Implementation Completion of the Neptune IQ Web Customer Portal The customer portal portion of this project allows individual account holders to log in and view their hourly, daily and monthly water usage. Installation of the portal could not be completed until a majority of the meter interface units (MIU) were installed. These installations were 99% complete in late November and work began on the portal. Part of the process is to create an interface between the Harris Water Billing Software (AQUAS) and the Neptune IQ portal. Due to delays from both Harris and Neptune around the end of the year the work on the portal was not completed until mid-February. The total amount of this change order is a decrease of $25,332.50 from $2,276,392.50 to $2,251,060.00, and a time extension of 88 days moving the date of final completion from November 21, 2014 to February 17, 2015. This true up credit came as a result of the Utilities Department completing the final 1% of installations due to difficulties the contractor had in obtaining access into the private properties. Overall the project came in $26,257.00 (1.15%) below budget. Attachments: Change Order No. 2 186 of 493 187 of 493 For City Council meeting of February 23, 2015 Item A5 Business of the City by Motion: Homeland Security & Emergency Management Grant Application For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Richard Eddington, Chief of Police Subject: Authorization for Homeland Security and Emergency Management Grant Application Date: February 11, 2015 Recommended Action: Staff requests authorization for the City Manager to apply for the Homeland Security and Emergency Management Grant, Body-Worn Camera Problem-Solving Program, Competitive ID # BDA -2015-4067. Funding Source: The City of Evanston will be responsible for portions of the matching grant, although the bulk of funds will be provided by the Bureau of Justice Administration through the Cook County Department of Homeland Security and Emergency Management. Evanston’s actual funding responsibility will depend upon the total amount of the grant. Funding will be provided by Account: Patrol Operations - Minor Equipment and Tools #100.22.2210.65085 Summary: The Cook County Department of Homeland Security and Emergency Management is the regional sponsor of a Bureau of Justice Administration grant for a body-worn camera program. One of the unique features of this program is that the grant-seeking police department must partner with an academic institution. Currently the Police Department is in the process of reaching out to determine the potential interest of academic partners that have been used in the past and institutions that have not, as of yet, partnered with the department. Further, since Illinois state law is not yet solid in the area of body-worn cameras, staff anticipates legislative action beyond that which has occurred thus far. The Evanston Police Department is seeking permission to apply for the grant because staff believes that body-worn cameras will become the industry standard and it would be beneficial to obtain federal funding to start the program for the Evanston Police Department. The application deadline for this grant is March 9, 2015. Memorandum 188 of 493 For City Council meeting of February 23, 2015 Item A6 Ordinance 29-O-15: Negotiate the Sale of 1821 Ridge Avenue For Introduction & Action 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 29-O-15, Authorizing the City Manager to Negotiate with National School Towel Service, Inc. for the Sale of City-Owned Real Property Located at 1821 Ridge Avenue Date: February 11, 2015 Recommended Action: Staff recommends adoption of Ordinance 29-O-15, “Authorizing the City Manager to Negotiate with National Towel Service, Inc. for the Sale of City-Owned Real Property Located at 1821 Ridge Avenue, Evanston, Illinois.” The sale of City-owned real property is a two-step process; an ordinance must be adopted to authorize the City Manager to negotiate the sale of property followed by an ordinance at a later date that authorizes the City Manager to execute a sales contract that memorializes said negotiations. A two-thirds majority of City Council is required to adopt Ordinance 29-O- 15. Suspension of the Rules is requested for introduction and adoption by City Council on February 23, 2015. Funding Source: Not applicable. Summary: Property located adjacent to the subject property at 1815 Ridge Avenue is currently under contract for purchase by a developer seeking to develop the approximately 20,000 square foot property into a new multi-story residential development comprised of apartment units. During the due diligence period of this project, it was determined that the property immediately north of the building located at 1815 Ridge Avenue was not owned by National Towel Service, but rather the City of Evanston was the owner of the approximately 4,600 square foot parcel (Map of Property is attached to this memorandum for reference). As a result, the seller of the property located at 1815 Ridge is seeking to assemble the property that was originally contemplated to be part of the entire property and would like to purchase the lot located at approximately 1821 Memorandum 189 of 493 Ridge. Ordinance 29-O-15 authorizes the City Manager to negotiate the sale of 1821 Ridge to National School Towel Service Inc. In accordance with City Code, public notice for the negotiation of this sale was published on February 19, 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. A subsequent ordinance to be introduced at the March 9, 2015 meeting will authorize the City Manager to execute the negotiated sales contract to sell the property to National School Towel Service LLC. Attachments: Ordinance 29-O-15 Map of Property 190 of 493 2/12/2015 29-O-15 AN ORDINANCE Authorizing the City Manager to Negotiate the Sale of City-Owned Real Property Located at 1821 Ridge, Evanston, Illinois 60201 NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Council hereby authorizes the City Manager to negotiate with National School Towel Service, Inc., an Illinois corporation (“National School”), for the sale of the City’s interests in the real estate legally described in Exhibit A, attached hereto and incorporated herein by reference, with a real property address of 1821 Ridge, Evanston, Illinois 60201. SECTION 2: 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 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance 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 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 191 of 493 29-O-15 ~2~ given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. 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. 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 192 of 493 29-O-15 ~3~ EXHIBIT A LEGAL DESCRIPTION Lots One (1), Two (2) and Three (3) in the Resubdivision of Block One (1) in E. A. Pratt’s Addition to Evanston, a subdivision of the Southwest Quarter (SW ¼) of the Northwest Quarter (NW ¼), lying East of Ridge Road, and West of the Milwaukee Division of the Chicago and Northwestern Railroad in Section Eighteen (18), Township Forty-One (41) North, Range Fourteen (14) East of the Third Principal Meridian. Real property address: 1821 Ridge, Evanston, Illinois 60201 PINs: 11-18-116-018-0000 11-18-116-019-0000 11-18-116-020-0000 193 of 493 1821 Ridge DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:1,600 Made with Evanston's GIS Printed: Feb 6, 2015 9:52:40 AM194 of 493 For City Council meeting of February 23, 2015 Item A7 Ordinance 126-O-14: Increase Class F Liquor License for CVS Pharmacy 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 126-O-14, Increasing the Number of Class F Liquor Licenses for Highland Park CVS, LLC d/b/a CVS Pharmacy #8760, 3333 Central Street Date: January 30, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 126-O-14. Summary: Ordinance 126-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(F), as amended, to increase the number of authorized Class F liquor licenses from eight (8) to nine (9), and permit issuance of a Class F license to Highland Park CVS, LLC d/b/a CVS Pharmacy #8760 (“Company”), 3333 Central Street. This license will permit Company to retail sale of alcoholic liquor in grocery stores, combination stores, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. Application materials were submitted by Business Representative Linda M. Cimbron. Legislative History: At the October 9, 2014 Liquor Control Review Board meeting, Company requested consideration of application for a Class F liquor license This ordinance was held at the Administration and Public Works Committee on October 27, 2014. ------------------------------------------------------------------------------------- Attachments: Ordinance 126-O-14 Application Minutes of the October 9, 2014 Liquor Control Review Board meeting Memorandum 195 of 493 1/30/15 126-O-14 AN ORDINANCE Amending Subsection 3-4-6-(F) of the City Code to Increase the Number of Class F Liquor Licenses from Eight to Nine (Highland Park CVS LLC, d/b/a CVS Pharmacy #8760, 3333 Central Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(F) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class F liquor licenses from eight (8) to nine (9), to read as follows: (F) CLASS F licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-4-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. Class F licenses shall also authorize the tasting of alcoholic liquor not exceeding the limits set forth herein. The applicant for such license shall pay an initial fee of thirty-five thousand dollars ($35,000.00) and thereafter an annual fee of eleven thousand five hundred dollars ($11,500.00). 1. It shall be unlawful for a class F licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a class F licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a class F licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (F)1 and (F)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 196 of 493 126-O-14 ~2~ 4. The sale of alcoholic liquor at retail pursuant to the class F license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a class F liquor license. 6. A class F licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. 7. Class F licenses shall permit the tasting of samples of the alcoholic liquor permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free tastings, each of which shall not exceed one (1) fluid ounce for wine, two (2) fluid ounces for beer and one- quarter (.25) fluid ounce for distilled alcohol, to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on- premises whenever offering alcoholic liquor for tastings. Licensees must provide food service when offering alcoholic liquor for tastings. The total number of class F licenses in effect at any one (1) time shall not exceed eight (8)nine (9). 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. 197 of 493 126-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 198 of 493 199 of 493 200 of 493 201 of 493 202 of 493 203 of 493 204 of 493 205 of 493 206 of 493 207 of 493 208 of 493 l.J».1EI'IDED }.J®IIp.sTA.'l'ED O.F:'Ef\.A..·.dl--JG AGRk',t;,;iXiENT OF E)ghland.Park CVS1L.L.C.(the "Company") as of 0 1/01120~()· ~A.J?,TICT-E1 FOPJV.lJ>,TION .AJw M3lvIBERSmP SECTION 1.01.Porrnaricn.rue Company-has been organized ass.limited liability company pursuant to .the Illinois Limited Liability Company Act,as amended (the "Act").The Act shallgovernthe rights and liabilities of the parties nereto except as etnerwise expressly .stared, i\R.TICLEIl .OFFICES.NAJvffi,ETC. SECTION'2.01.PrincinsJOffice.Theprincipaloffice of the Company shall be One CVSDrive,Woonsocket,Rhode Island .or suea other 'Place as may be deterrnmed from time to time by the J:f~. SECTION2D2..Nnme.'Inebusinessofthe Company shall be conducred under the.uame of "Eighland:ParkCVS,LL.CT'or such other name as.theMember may deten:nine from time to.time'. SECTION 2..03.Term.The term oftne Company commenced on the darerts Certificate of Formation was medm the office of the Secretary of.State ofIDinois and shall continue until terminated as hereinafter provided. SECTION 2..04.Authorized Pen:omh The actions of the inilivinpaJ who executed the Certificate ofFO!:l:Illlti.anafthe Company as an Amnorizee.Person oftb.e Company, are nereby ratified. SECTION 2..05,Rezistered.Azent.The name of tne Conroanv's :Retistered•v _ Agent in Illinois shall be 'CT Corporation System. SEClIGN 2..06.Ilusiness Ventrrres.Tne lv1eDiber IDa)1 engage independently or wita others in otnerbusiness ventures or every nature and cescription.rand the Cozrrparry shall not have any rights in and to such rndepeudeatventnres or-the rncorne or profrts derived therefrom. 209 of 493 ·AP\.,.TIcr.:-EID PUP...POSES.AJ'ID :POV!EP\.'S SECTION 3.01.Pumose.The Company shall be asole.member limned Iiabiliry company organized under the laws of the S't1l1:D of.Illinois.The nurpcse or th~Company is .retail sales of drugs >health and.beauty aids and my and an ather Iawft..il acts or activities permitted under the Act. SECTION 3.02.Powers.In furtherance of the purposes of the Companyas set forth in Section 3.01 and'm addition to those powers provick:a in fae Act,the Company hereby' hastheaddnirmal uower.and arrtnerrrv'to enrermtoany-kind of activity.and to ueriOII!l and carry out con:tractsofanykintln;cesiary to,o~in connection with,orincicL'"Iltal to, the.accomplishment.of the purpoaes of the Company~so long as said activities-and comracts.maybe.Iawfulrycarried on or.performed by a Iimited liability company 1IDCk:r theAct, i-uZTICI r,IV CAPITAL OF TEE COMJ?.AJ\fY SECTION 4.01 Canital Contributions.The Ivrember has contributed to the capital of the Company in-such amounts as set forth in the books and records of the Company.The N,J.;;mu=:r shall not he cblrgared.tomake additional contributions. i.,.RTICLRV :MEMBER ,. SECTION 5.01.IdentitvandLiabilinrofMembeI.The "l\1:.emberT \shall be.the party setforth on.Exhibit A hereto,as such may be amended fronrnme to time.The Ivlember snallnotbe liable for the obligations of the Company solely by reason of being a M.embe:r.The.Member-saalluot be required to make-any contributions to the capital 01 the Company. A..RTICT....E '\TI lVLiLNAGEMENT SBCTI:JN 6.0 L.Genera1.Tne Dowen;.of the Conmanv snall be exercised~•J exclusively by orunder the-exclusive authority of,and the business ano.affairsof the COIDUaIlVShall be.manazedunder the exclusive direction and control of"the lvIemb:::;r ...,...-" SECTION 6.02.,Officers. Ca)If desired, tne Ivkmber mayappcirrtone or more officersof the Company, which ID1l'V mcludea.Presicem,one.or more '\7ice Presidents.a Secretary,one or mOT::.'.~ Assistant Secretaries.a Treasurer and one or more Assistant Treasurers. 210 of 493 (b)Any officer may be -removed,either vAm or without caUEe,by me lVlemb=r, (c)Any officer may resign at any time by giving written notice to the 1vi::mb~, Jury sucb.resiznanon shall take effect at the.date of receipt of such notice.or at anv later".-__....,.1 time snecified therein:and w2::ss otherwise sDedfied tnerein.jhe acceptance of such"",".~""' resignation shall not be neceaaaryro make it effective. (d) A vacancy-in any office because of deata,resignation,removal, clisqruiliiicari.on or any other cause ID1:J:ybe filled by tbe.1V.r...'"!!lb~!, ARTIClE VII DISTRIBt.mONS SEL."l'ION7.01.-Distribnticn of ComnanvPunds.J>....:ttcrproviiling forthe pa)'m,..,Pfit of any amountsdue on anyindebtecness of the Company and providing rOT a reasonable reserve.iOT the paym....""!ltQf·expemesaffne Company,any remammg cash funds of the Company may bedistrimrtedor advanced to the.Nb:mher.. ARTICLE\lID ThiDElVD"TIFICATION SECTION 8.01.Jndemnifi.catioTI .ofMemberand Officers.The Member orthe officers .of the.Company (each,all "lnderrmified.Persontr).shill be .indemnified in the manner andto the full extent permittedby the 'Act.Each person who at any time i~,or shill have been, a 11:.ember or officer of the Company,and is threatened to be or:is rnade.a party toany threatened,ponding Dr completed action.,suit or.proceeding,whether.civil, criminal,administrative orinvestigative,by .reaaon.or the fact that he 0:;:she is,.or was,a 1iember.officer or agent of tneCompany,oris or has served at the request of the Company as a manager,officer,member,employee.or agent of aaotncr-company, pannersmp,jomtventnre,trust or.otherenterprise,shall be inderrmified agaiastexpenses (including attorneys \fees "and expenses),jud.gr.nents.,fines and amOUUl:E paid in aettieanent actually and.reasonably incurred i.IJ.connection with any such action,suitor proceedirrg to the-fullest extent peIIDitteB...The foreg.oing right of indemnfficanon shill in no wa)'be exclusive of <my other rights of indemnification to which such Member or officer may be entitled under any agreement,or otherwiae,and sMTI continue as to a person who has ceasedto bea Memberor officer.and shan inure to the benefit of the heirs,eXeClltCJI:'EiIDO administrators of such a nerson. ~, Jill.TICLE IX. ?I8CAL Y-Fiili~ACCOtJNTJJ'fG.lNSPECTION OF BOOr;.S SEcnON 9.0I,ris:::a}'Y ear and Accounrina.Except as otherwise dererrnrned by the lv.bmDer.the.fiscal year of the Company shall be the calendar year.Tnt books oftae 211 of 493 Company shall be L"'}lt on.such.method as the M:::rn.bcr shall from time to time determine consistent with generally accepted accounring principles. S~CTIO"t..~a ·0'7 In '~B ."....,bool ," C ·h._11 M1,.n~.J.'I .:-._.sne:::nOD or Darts.Lne DOKE or me ompanysnan at a.u timet;be available forrasnectionand andit-bv fuelY.iember at the Conmanv's prmcinal-'"-....:..... .place.ofbusiness during bu:tirle~r;hours. DISsOLtmoN SEC'110N IO.Ol.Bvents ofDissoluuan.The:C Dmp any shall be.dissorved on the firsrto occur of the following events:(a)theWleIDber:approves in writing the termination enddiasolution.of the Company or (b)tb:.e bankruptcy or dissolution of the Member. Notwithstanding thewEsolu:tion of the Company,the business of theCompmlys:hall continue to be governed.by this Agreemenrunti;taewrndmg up of the:Company OCCUJ:'S.. SECTION lO ..Q2..Distribution lJ.uonD1sso1ution.Dpon ilissClluuon,after navment of,or aoenuarenrovision ior,:thed.ebtz and oblizarions aT the Corrmanv.rthe ~...__4 --..I.-.....' remainingaasets of the Company (cr the proceeds of sales or allier ciio-pasitionsin liquidation of the Company's assets)shall be distdbuted-tc the 1\iember.The Company shall terminatewhenall property has been distributed to the lYi.emb~, .ARTICT-E :.XJ GEN'EPJl.LPRO,\TISIONS SBCBON 11.01.MociifJ.ca-non:This Agreement may beamend.ed or modified by 1·•;the Member.. .SECTION 11.02,Gov~ll!!.Law:Severability.1-'Jl questions with respectto the construction of this Agreement and the rights-and·liabilities cftne W.tembershal1 be determined rn.accordance-witn the applicable provisions of the laws afthe'State of illinois.If any provision oftbiB Agreement,ortne application thereof to any person or circumstances,shaJl,for any reasonand to an)'extent,be .invalid or UIlcmor::;eabk,the remainderof this Agreement and the application of that .provision to other personsor circumstances shall not be.affected,but rather shall be,enforced to the extent permrtterl D-V.... law. SECTION 11.03.Pronouns.Ferninine.or neuterpronouns shall be.substituted for those of the masculine gender,the plural for the singular and 'the singular for the plural,in any place in this Agreement wherethe context may'require sucasubstinnion, 83'-:lION 11.04.Titles.The titles of fu-ricleE andSections aremclnde d only for convenience mel snallnotbe construed as B part or tbis }.greement or ill any resp::.c:c affecting 0::-modifying 11:l'provisions. 212 of 493 213 of 493 214 of 493 215 of 493 216 of 493 217 of 493 218 of 493 219 of 493 220 of 493 221 of 493 222 of 493 223 of 493 224 of 493 225 of 493 226 of 493 227 of 493 228 of 493 229 of 493 Page 1 of 5 MEETING MINUTES Liquor Control Board Thursday, October 9, 11:30 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Dick Peach; Byron Wilson Members Absent: Dave Skrodzki Staff Present: W. Grant Farrar, Theresa Whittington Others Present: Jason Freiman (Bangers & Lace); Robert Podesta (Bangers & Lace); John Boyk (CVS District Manager), Cory McMahon (CVS District Manager); Larry Cohen (CVS Attorney); Minkaz Lakhani (Shell Gas Station Owner); Anjana Hansen (Shell Gas Attorney); Alderman Ann Rainey (Shell); Mitchell Einhorn (Lush Wine & Spirits); Mary Nikezic (Lush Wine Attorney); James Weber (Lush Wine Attorney); Liz Hletko (Few Spirits); Jim Ryan (Bake 425) 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 11:32 a.m. NEW BUSINESS Bangers and Lace Evanston, LLC., d/b/a Bangers and Lace, 810 Grove Street, Evanston, IL 60201 Jason Freiman (JF) of Bangers & Lace requested consideration of an application for issuance of a class C-1 Liquor License (Restaurant/liquor-core area). He explained that Bangers & Lace currently has a location in Wicker Park and that he is excited to open another location in Evanston. Mayor Tisdahl inquired about the request for a C-1 license which allows for closing hours as late as 3am. JF responded that the late night hours are designed to appeal to the urban dweller in search of late-night food options. JF stated that he is aware that the location has a negative reputation as the former location of The Keg. Robert Podesta (RP) explained that Bangers & Lace is a restaurant and is not set up as a bar. A significant amount of money has been spent to renovate the physical space. RP further noted that Bangers & Lace will not be offering low cost domestic beers. Marion Macbeth also commented that the Bangers & Lace is an entirely different business concept than The Keg and does not think they can be compared. Bangers & Lace will occupy 45% of the space and offer a wide and unique variety of house made sausages. 230 of 493 Page 2 of 5 Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a class C-1 Liquor License to be introduced at the City Council meeting on October 27, 2014. Highland Park CVS, LLC, d/b/a CVS Pharmacy #8760, 3333 Central Street, Evanston, IL 60201 John Boyk (JB) of CVS Pharmacy requested consideration of an application for issuance of a class F liquor license (grocery store/liquor). He stated that the CVS on Central Street is across the street from a Walgreens in Skokie that sells alcohol. CVS is seeking a liquor license in order to better compete for business. 30% of CVS stores sell alcohol. Alcohol sales provide convenience to customers and provide a competitive advantage against big box stores. JB also noted that the City will gain in the form of liquor tax collected. It is expected that alcohol sales will comprise 5-10% of total revenue. CVS is willing to tailor the alcohol selection to the community needs and wants. Mayor Tisdahl noted that the Walgreens on Chicago was granted a liquor license in order to offset the costs of making is net-zero. Grant Farrar noted that the two Osco Drug stores in Evanston also have liquor licenses. Marion Macbeth appreciated CVS’s need to compete with the Skokie Walgreens. Dick Peach has no issue with it and appreciated CVS’s offer to tailor the alcohol choices if it becomes an issue. JB discussed CVS’s commitment to the responsible sale of alcohol. CVS registers are programmed to require age verification data input before alcohol sales can be completed. All servers are BASSET trained in responsible alcohol sales. Employees are also required to attend compliance training twice a year. Employees found to violate compliance policy are terminated. Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a class F Liquor License to be introduced at the City Council meeting on October 27, 2014. Dil Foods, Inc., d/b/a Shell Gas Station, 2494 Oakton Street, Evanston, IL 60202 Anjana Hansen (AH) spoke on behalf of Shell Gas Station’s request for consideration of an application for issuance of a class O liquor license (gas station/beer). AH noted that City Council recently approved the creation of a class O license class for gas stations. Class O authorizes the sale of beer only. Beer will be added to an existing cooler at the Shell gas station. Mr. Lakhani wished to sell beer in order to offer convenience to his customers who stop by for gas and take-out food from Dunkin Donuts and Subway. Sale of liquor will allow Shell to better compete with Food 4 Less. AH also noted how well maintained the property is on the outside and inside. Mayor Tisdahl sought clarification that beer would not be sold at the fast-food stores. AH responded that alcohol sales are restricted to the convenience store portion of the business. 231 of 493 Page 3 of 5 Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a class O Liquor License to be introduced at the City Council meeting on October 27, 2014. Lush Wine and Spirits, d/b/a Lush Wine and Spirits, 2022 Central Street, Evanston, IL 60201 Mitchell Einhorn (ME) of Lush Wine & Spirits requested consideration of an amendment and issuance of a class I liquor license (restaurant-packaged goods store/liquor). Lush Wine and Spirits is a packaged goods store that also offers small plates of food and on- site consumption of alcohol. It has two locations in Chicago and is seeking to open a location in Evanston. ME stated that they have picked out a site on Central street and feel that Lush Wine and Spirits will be a great fit. The Class I liquor class currently in the liquor code is a close match for the Lush business model but some amendments are being sought to better accommodate Lush’s business model of co -mingled restaurant and packaged goods sales. Mayor Tisdahl expressed concern over Lush’s plan to offer food service after 5pm. Mr. Einhorn responded that lunch demand is low and that Lush is further challenged with finding enough staff qualified and knowledgeable about cheese, charcuterie and alcohol pairings. This is why Lush limits its food service to after 5pm. Sunday brunch is under consideration. Mayor Tisdahl asked if the intention is to offer alcohol for on-site consumption during hours when food is not served. ME responded that it is the current model in place in Chicago. Mayor Tisdahl explained that the Evanston Liquor Code requires food service during on-site consumption. Dick Peach asked if Lush could satisfy the meal requirement by offering cheese and crackers and other similar snacks. ME noted that the menu is already made up of small plates. The issue is staffing employees prior to 5pm. James Weber (JW) asked if Lush could have separate hours for retail sales for off-site consumption and specific hours for on-site sale and consumption. ME felt that was a fair compromise and will allow Lush to gauge interest in food service and on-site consumption prior to 5pm. Grant Farrar has reviewed some initial suggested edits to Class I. GF said he will have a follow up conversation with Lush to make sure everyone is in agreement regarding its business plan and amendments. GF will work directly with James Weber on amendment language. ME presented samples of wine, beer and spirits that represent non-traditional containers sizes. Many wines, spirits and beers are now offered in containers that are smaller than the limits allowed for in the code. Lush would like the amendment to account for the smaller container sizes that are prevalent in today’s market. Many are from small batch producers and represent rarer wines, beers and spirits. Many artisanal spirits are only made available in smaller bottles. Marion Macbeth noted that the industry seems to be changing with the popularity of craft beers and smaller batch producers who produce in smaller bottles. 232 of 493 Page 4 of 5 It was generally agreed that container size is best regulated in terms of ounces rather than price. Any provisions written for class I would only apply to class I license holders, of which there currently are none. Grant Farrar offered to work closely with Lush’s council and the Liquor Commissioner to work out a way to make sure container size limits in class I are not universally applied to all license classes. The amendment and liquor application was approved in concept pending Grant Farrar’s work on amending class I to accommodate Lush Wine and Spirits business model. The matter of amendment and application approval will be placed on the agenda of the 11/10/14 City Council meeting. 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 in 200 ml containers for off-site consumption. Liz Hletko (LH) spoke on behalf of Few Spirits request for smaller container sizes. She stated that Few Spirits would like to sell in smaller 200 ml bottles for inclusion in gift boxes. LH also feels it will help Few compete will other distillers who already sell in smaller containers. Mayor Tisdahl asked about pricing of the smaller bottles. LH responded that the prices will range from $20 to $30 for a 200 ml bottle of spirits, which is a higher price per ounce that the current 375 ml bottles. Grant Farrar stated that Few Spirits is the only distillery licensed under class P so there is no risk of 200 ml bottles setting precedence outside of this license class. The Mayor and members of the board were all in favor of the 200 ml container size. LH expressed interest in seeking an additional amendment to allow Few Spirits to sell mixed cocktail drinks for on-site consumption, similar to how Temperance sells beer. This matter was not heard because the issue was not on the agenda for today’s meeting. The matter will be taken up at the next liquor board meeting which will occur sometime in December. Bake 425, Evanston, IL Consideration of an amendment to class A (Restaurant/Beer-Wine Shop) or new license class creation to allow for sale of alcohol for off-site consumption. Jim Ryan (JR) spoke on behalf of Bake 425’s request for amendment. JR operates a “take and bake” pizza business similar to Homemade Pizza Kitchen. Bake 425 has taken over eight (8) of the former Homemade Pizza Kitchen locations, including two in Evanston on Central and Chicago avenue. JR would like to offer takeout beer and wine with the takeout pizza. His focus will be on American craft beers and small batch California wine. There will be no on-premise consumption of alcohol. JR noted that there is not a liquor license class in which his model fits and that the closest match is Class A. He asked for an amendment to class A that hat will allow for off-site beer/wine sales and take-away food. JR noted that Bake 425 has a packaged goods liquor license in Highland Park and will be receiving a limited food production liquor license in Winnetka. 233 of 493 Page 5 of 5 Grant Farrar (GF) told the liquor board that the class A was created for Central Street Café which has since gone out of business. There is currently no active class A liquor licenses. GF stated that class A could be amended to fit in with Bake 425’s model. Mayor Tisdahl requested language that would prevent sale of alcohol without purchase of food. GF responded that the code can be written as to require alcohol sales to accompany food sales. Grant Farrar stated that he will follow-up Jim Ryan on the language and business model. The request for amendment was approved by the board. The matter of amendment approval will be placed on the agenda of the 11/10/14 City Council meeting. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 12:22 p.m., October 9, 2014. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 234 of 493 For City Council meeting of February 23, 2015 Items A8.1 & A8.2 Ladd Arboretum Path Update For Action To: Honorable Mayor and Members of the City Council From: Suzette Robinson, Director of Public Works Subject: Ladd Arboretum Multi-use Path Update and Overview Date: February 23, 2015 Per City Council direction on February 9, 2015, this memo has been updated to reflect additional environmental information and a summary of information obtained through a community workshop held on February 17, 2015. Staff will prepare a separate document summarizing community workshop feedback received regarding the merits of various paving materials in a separate document. Originally constructed in the early 1960s, the Ladd Arboretum is both a public park and a living outdoor museum, designed with a wide variety of horticultural collections intended for year round viewing, exploration and education. In February, 2013, the City of Evanston was awarded funds through the Illinois Department of Transportation’s Illinois Transportation Enhancement Program (ITEP) to replace the path. The objective of ITEP is to allocate resources to support alternate modes of transportation. The proposed project for the Ladd Arboretum Path is eligible for ITEP funds because it will provide an alternative transportation option to workplaces and school and improve the existing path by making it more accommodating and/or accessible for pedestrian and bicycle use. Below are a number of key points and photos in response to inquiries received at a meeting with the Ladd Arboretum Committee and in subsequent emails regarding the Ladd Arboretum Bike Path Project: Ownership of Improvements Roughly 40% of the existing path and 100% of the new sidewalk are located within the City's right of way. Proposed Path Alignment and Impacts The proposed path is exactly the same width as the existing path (8 feet). A 2 foot wide safety clearance on both sides of the path will also be provided. This safety clearance is required by IDOT for all multi-use paths, regardless of the paving materials used. The clearance will impact a small number of shrubs. Memorandum 235 of 493 The proposed path will result in the removal of three trees and according to the City's forestry head, Paul D'Agostino, two trees are old and in poor health. The third tree will not survive the path reconstruction. All three trees would need to be removed regardless of the path's paving materials. Proposed Path Material The plan that was approved by the City Council on March 10, 2014 called for an asphalt path to ensure year round accessibility and usability. This was the least costly alternative. After hearing concerns from the public, the paving material was changed to permeable concrete, a more environmentally friendly material with a more natural look. Permeable concrete is more sustainable and will reduce flooding in the Arboretum thereby increasing its usability. (See Photo 1 and 2, before and after photos of the Lagoon Path) The cost of permeable concrete is more expensive than asphalt but is comparable to the stabilized crushed granite used on the walking trails within Perkins Woods. A cost comparison of each material is below; costs presented include both estimated construction and construction engineering expenses: Path Material Estimated City Share Estimated Federal Share Total Estimated Project Cost Asphalt $124,533 $498,134 $622,667 Permeable Concrete $465,433 $580,000 $1,045,433 Stabilized Crushed Granite $417,013 $580,000 $997,013 Please note Federal funding for this project will pay 80% of construction and construction engineering costs up to a maximum of $580,000. Path Use Public Works is required to provide improvements that meet all State and Federal accessibility requirements. Knowing that the Ladd Arboretum is adjacent to Over the Rainbow, a housing facility for adults with physical disabilities, providing an accessible facility for year round use and enjoyment is even more critical. Recently, the City completed reconstruction of the Bridge Street Bridge which included widening of the bridge sidewalks, thus providing area residents with improved access to the Ladd Arboretum site. This path project will ensure that all residents (on wheels or walking) will have access to and through the arboretum all year round. (See Photo 3 Ladd Path) A 700 foot long sidewalk is being added along McCormick just west of Prairie to provide a more visible and direct access for children walking to Kingsley Elementary and Haven Middle School that cross with the crossing guard located at Prairie & McCormick. See attached safe walk route map for Kingsley elementary and school service area maps for both Kingsley and Haven. The sidewalk addition will result in the transplanting of one small tree and will prevent children from walking in the street. (See Photos 4, 5 and 6) Page 2 of 14 236 of 493 Students Counts at McCormick Blvd/Prairie Ave/Ladd Arboretum Year 2013 2014 Average Students per day 65 74 Winter Maintenance The use of snow removal equipment is not recommended for stabilized crushed stone but can be used on the permeable concrete or asphalt. The inability to plow the path makes it unusable for three to four months out of the year. Crushed stone ruts making it more difficult for wheels to traverse. The rutting and depressions that occur with crushed stone also results in ponding during the warmer months and ice in the winter. (See Photos 7 and 8 of Perkins Woods) Comparison Sites Multi-use paths at the botanic gardens, the Morton Arboretum and the forest preserves (Cook and DuPage Counties) are constructed of asphalt. (See Photo 9 of the Morton Arboretum’s Multi-Use Path) Project Status We have received IDOT approval for the path and sidewalk construction. If permeable path construction proceeds as currently proposed, the project will be let by IDOT in April 2015 and construction will occur in the summer and fall of 2015. If paving material is revised to asphalt, the project will be let by IDOT in June 2015 and construction will occur in late summer and fall of 2015. Environmental Impacts A summary of potential environmental impacts relative to each pavement type prepared by Catherine Hurley/Sustainability Manager follows: Impact Asphalt Crushed Granite Permeable Concrete Extraction – Aggregate mined from quarries – Petroleum refined for asphalt cement – Granite mined from quarries – Stabilizer created from Plantago Plant – Cement and limestone based aggregate mined from quarries Transportation – Many asphalt plants located in the Chicagoland area – Aggregate comes from Chicagoland area – Material quarries in regional area – Primary processing conducted near quarry – Concrete suppliers located in the Chicagoland area – Aggregate comes from Chicagoland area Processing – Multiple products bound together with a petroleum based asphalt cement – High temperatures used – Mechanical process used to crush granite into ¼ in – Mixed with plant based stabilizer obtained from pharmaceutical companies – Mechanical process used to mix aggregate, cement and water mixture at plant – Periodic mixing continued until placement Page 3 of 14 237 of 493 Impact Asphalt Crushed Granite Permeable Concrete Installation – Heavy machinery used to install material – Roller driven over asphalt to compact – Water and granite/stabilizer material mixed on- site – Roller driven over granite mixture to compact – Concrete mixture spread manually – No compaction Maintenance – Resealing required every 3–5 years – Patch potholes as necessary – Can be plowed and salted in winter – Annual maintenance important to longevity including placement and packing of material – Not suitable for winter plowing – Annual maintenance needed: vacuuming sediment and removal plant growth – Rubber blade plow or mechanical brush for snow removal Lifecycle – Longevity is roughly 20 - 30 years with maintenance – Doesn’t need to be replaced, but yearly maintenance is required to prevent deterioration – Longevity is roughly 40-50 years before replacing – Full strength developed after 2–3 years Waste and Water Use – Most widely recycled material, due to 95% of roads being made from asphalt (asphalt millings, old tires, etc.) – Low amount of water used – Roughly 25% of mixture is from recycled material – Easily recyclable when weathering occurs – 20 gallons of water per ton of material – Recycled concrete used for new concrete or asphalt pavement base layer – Large water use relative to asphalt Heat Island Effect – Dark color, absorbs high amounts of UV light – Lighter color, ranges from white to gray, absorbs less UV light – Lighter color, absorbs less UV light – Absorbs CO2 Stormwater – Potential for oil from asphalt mixture to leach out and impact environment – Non-permeable surface – Material has limited permeability, but will allow for lateral drainage – Material is susceptible to erosion from use and rain; particles entering storm water runoff – Collects storm water, facilitates runoff, and filters water before reentering the environment Plant and soil material impacts – Excavation and heavy rolling for compaction impact plant, soil material – Excavation and heavy rolling for compaction impact plant, soil material – Decomposed granite works well as a mulch, providing minerals to plants – Excavation impacts plant, soil material – Can create a slight nutrient deficiency, from increasing the pH level of the soil Page 4 of 14 238 of 493 Community Workshop Summary The community workshop included 45 attendees. Ward representation was as follows: Ward Number of Attendees 1 1 2 1 3 1 4 2 5 1 6 3 7 13 8 4 9 7 Non-Resident 5 Unspecified 7 Results of a survey and personal preference exercise were as follows: General Questions Question Very Important Important Not Important Yes No How Important is Year Round Use of the Path to You? 9 9 18 How Important is The Cost of This Improvement to You? 4 29 3 How Important Is It That The Path Be Accessible? 11 14 8 How Important Are the Potential Environmental Impacts of The Project To You? 31 6 1 Do You Think The Proposed Sidewalk Addition Should Be Included In The Project? 11 24 Should The City Consider Not Improving The Path At All? 26 12 Personal Preference No Path Improvements Permeable Concrete Stabilized Crushed Granite Asphalt 13 7 20 1 Community workshop participants also submitted a number of questions during the meeting. Questions and staff responses follow: 1. What will be done? Steps going down to the canal landing are dangerous. Staff will investigate and make any necessary improvements. Page 5 of 14 239 of 493 2. How will you replace trees when they die in 2-3 years after construction? According to the City’s Forester (Paul D’Agostino) the City does not anticipate any tree loss beyond the three trees already identified in the proposed plans. 3. What is MWRD position? MWRD staff has reviewed the proposed project and has not indicated any objection. 4. For those using wheelchairs, what route would they be taking if they used the path to go towards Green Bay? Would they go down Prairie Ave? Would they go to the Green Bay sidewalk or to Green Bay Road itself? Or possibly all of the above? The City is not sure which route wheelchair users may take to access Green Bay Road. Wheelchair users should be free to go wherever they wish. 5. A fully loaded concrete truck weighs 33 tons. What is being done to protect the trees and other vegetation? Construction documents require the contractor to submit a site access control plan in order to identify construction routes which minimize tree and vegetation impacts. 6. Can we address the needs of trees rather than the relative merits of this or that kind of paving absent concern for trees? Working in conjunction with the City’s Forester (Paul D’Agostino), the proposed path layout was designed specifically with the intent to minimize tree impacts. 7. Heavy City vehicles have used this path for over 40 years with no discernable additions of gravel. This maintenance makes the path unusable at times. Will the City use lighter vehicles for the 1700 psi concrete? The City will use appropriate maintenance equipment to ensure no damage occurs. 8. Why isn’t the City investing in sidewalks in every neighborhood? Every year the City invests in the following programs to improve sidewalks citywide: Page 6 of 14 240 of 493 50/50 Sidewalk Block Curb and Sidewalk Streetscaping Replacement In addition, City in-house crews annually install new sidewalks where connections are needed. 9. Why couldn’t the City build a sidewalk along McCormick (between Bridge and Prairie) across from the Arboretum? The north side of McCormick Boulevard does not have adequate right-of-way to support construction of a sidewalk. 10. Why doesn’t the City use this money to put in sidewalks where there are none and high school students walk on the street where there are trucks? The City continues to evaluate locations where sidewalks are needed. With regard to the specific location along Hartrey where high school students were walking, the City installed a new sidewalk along Pitner in 2014. 11. Why can’t the school kids walk down Grey to Colfax, take a right and go to Prairie to get to Haven? In 2010 City staff met with District 65, school administrative staff and PTA members to develop safe routes to school based on existing student walk patterns. The route through the arboretum was identified as a normal route for students. Adjustments to the route will require education, enforcement and an additional crossing guard. Given their preference for this route, students may still elect to walk in the street on McCormick Boulevard. 12. Why was so much of the understory removed from the Ladd Arboretum last fall? The understory was removed by a newly assigned and overzealous maintenance employee who has received additional training since that occurrence. 13. The crushed granite is in line with the ADA approval, right? ADAAG requires accessible surfaces to be “stable, firm and slip-resistant”. Slip resistance is based on the frictional force necessary to keep a shoe heel or crutch tip from slipping on a walking surface under conditions likely to be found on the surface. A research project sponsored by the Architectural and Transportation Barriers Compliance Board (Access Board) conducted tests with persons of disabilities and concluded that a static coefficient of friction of 0.6 is Page 7 of 14 241 of 493 recommended for accessible routes. Due to changing weather conditions, it is likely that the crushed granite meets the static coefficient recommendations during portions of the year and does not meet it at other times of the year. 14. What is considered a walkable path for ADA compliance? See above. 15. Why were funds for improvement sought from IDOT rather than IEPA? Does that belie the City’s intention for the Arboretum? The City has not been successful in prior attempts to obtain IEPA grant funding. 16. Is it possible to use the grant dollars to develop a bike path in another part of Evanston? Grant funding is specific to this project and cannot be transferred to another location. 17. Is City Council going to make sure maintenance will be done (in the budget) going forward? It is necessary for all surfaces in question. Yes, once a new path is installed the requisite annual maintenance will be performed. 18. Could the City potentially do a project that would leave the current path, but spend money to fix the bad portions of the path? This can be performed if approved by the City Council. The grant funding, however cannot be used for this purpose. 19. Is a 12 foot (8 foot plus 2 foot edges) path too wide for a 200 foot wide arboretum? The existing arboretum path is 8 feet wide and contains 2 foot clearances on either side, matching the proposed condition. 20. Will root pruning of 24 trees cause some of these trees to die? The City’s Forester (Paul D’Agostino) does not believe this will occur. Root pruning was performed on the McCormick Boulevard renovation project with no tree losses. Page 8 of 14 242 of 493 21. Does asphalt runoff contain toxic elements and carcinogens? Response to this question is outside of the expertise of City staff. Asphalt is the primary resurfacing material used by most municipalities and the asphalt mix used by Evanston is in accordance with Federal and State specifications. 22. I understand that the costs for the crushed granite pathway to be a lot less than stated. I come up with a cost of $535,512 and includes engineering. Estimated costs for the crushed granite pathway were based directly on actual bid prices received by the Cook County Forest Preserve District during their Perkins Woods pathway reconstruction project performed in 2013. 23. Consider developing bike path in line with west side master plan. Green Bay southwest. High school south??? Development of this bike path is unlikely to occur in the near future due to the high cost of construction and property ownership issues. 24. Include restoration of vegetation in grant if this is route we pursue. Site restoration is included in the project’s construction documents. Page 9 of 14 243 of 493 Photos Photo 1 Lagoon 2011 Crushed Stone Path Similar to Ladd Photo 2 Lagoon 2014 Permeable Concrete Path Page 10 of 14 244 of 493 Photo 3 Ladd Path Winter 2015 Photo 4 McCormick Winter 2015 Page 11 of 14 245 of 493 Photo 6 McCormick Winter 2015 Photo 5 McCormick Winter 2015 Page 12 of 14 246 of 493 Photo 8 Perkins Woods Winter 2015 Photo 7 Perkins Woods Winter 2015 Page 13 of 14 247 of 493 Photo 9 Asphalt Multi-Use Path at Morton Arboretum Page 14 of 14 248 of 493 249 of 493 250 of 493 251 of 493 For City Council meeting of February 23, 2015 Item A8.1 Resolution: 4-R-15 Ladd Arboretum Bike Path Project For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director for Engineering & Infrastructure Stefanie Levine, Senior Project Manager Subject: Resolution 4-R-15 Ladd Arboretum Bike Path Project Date: February 9, 2015 Recommended Action: Staff requests City Council adoption of Resolution 4-R-15, authorizing the City Manager to execute a construction funding agreement with Illinois Department of Transportation (IDOT) for the Ladd Arboretum Bike Path Project. Funding Sources Local Share FY 2015 CIP #416455: $465,433 ITEP: $580,000 Total: $1,045,433 Summary: The City received $580,000 of Federal Funds through the Illinois Transportation Enhancement Program (ITEP) to reconstruct the existing bike path at the Ladd Arboretum. The Phase II Design (construction plans) for the project is complete. The construction plans have been submitted to the Illinois Department of Transportation (IDOT) for letting. The plans have been approved by IDOT – District 1 and the project is scheduled for the April 2015 letting. Construction is expected to start in the summer of 2015. Once this project is completed, it will provide the following benefits: • Installation of a new 8 foot wide porous concrete bike path from Emerson Street to Green Bay Road. Attachments: Resolution 4-R-15 Memorandum 252 of 493 12/18/14 4-R-15 A RESOLUTION Authorizing the City Manager to Sign a Local Agency Agreement for Federal Participation with the Illinois Department of Transportation for the Ladd Arboretum Bike Path Project WHEREAS, the City of Evanston (“City”) and Illinois Department of Transportation (“IDOT”), in the interest to promote safe and efficient movement of bicycle and pedestrian traffic, desire to implement the reconstruction of a bicycle pathway within the Ladd Arboretum from Emerson Street to Green Bay Road (See map, attached hereto as Exhibit A), said services to be identified as State Section: 13-00267-00-BT, State Job: C-91-248-13, and Project Number: TE-00D1(914), (hereinafter the “Project”); and WHEREAS, the parties hereto are desirous of said Project in that same will be of immediate benefit to the residents of the area and will be permanent in nature; and WHEREAS, the State of Illinois and the City wish to avail themselves of Federal funds committed to improve this Project; and WHEREAS, the City Council of the City of Evanston has determined it is in the best interests of the City to enter into said Local Agency Agreement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized to execute and the City Clerk hereby authorized to attest to the Local Agency Agreement for Federal 253 of 493 4-R-15 ~2~ Participation made with IDOT, attached hereto as Exhibit B and made a part hereof by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Local Agency Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 4-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 254 of 493 4-R-15 ~3~ Exhibit A Project Location Map 255 of 493 NORTHEXHIBIT A - LOCATION MAPSCALE: 1"= 400'-0"GREEN BAY ROADUNION PACIFIC RAILROADNORTH SHORE CHANNE LNORTH SHORE CHANNELSKOKIE SIMPSON STREETEMERSON STREETMcCORM ICK BOU LE VARDMcCORMICK BOULEVARDGOLF ROADBRIDGE STREETPAYNE STREETSIMPSON STREETNOYES STREETGRANT STREETCOLFAX STREETFOSTER STREETKINGSLEYSCHOOLHAVENSCHOOLBENNETT AVENUE McDANIEL AVENUEPIONEER ROAD HARTREY AVENUE GREY AVENUE BROWN AVENUE DODGE AVENUE PRAIRIE AVENUENOYES STREETSIMPSON STREETDODGE AVENUE BROWN AVENUE GREY AVENUE HARTREY AVENUE DARROW AVENUE DEWEY AVENUE JACKSON AVENUE ASHLAND AVENUE WESLEY AVENUE ASBURY AVENUE BUTLERPARKTWIGGSPARKBECKPARKFOSTERFIELDFLEETWOOD-JOURDAINCOMMUNITYCENTERPROJECT BOUNDARY256 of 493 4-R-15 ~4~ Exhibit B Local Agency Agreement between the City of Evanston and the Illinois Department of Transportation 257 of 493 Printed on 2/3/2015 Page 1 of 5 BLR 05310 (Rev. 10/06/14) Local Agency City of Evanston State Contract X Day Labor Local Contract RR Force Account Local Agency Agreement for Federal Participation Section 13-00267-00-BT Fund Type STE ITEP and/or SRTS Number 120005 Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-91-248-13 TE-00D1(914) This Agreement is made and entered into between the above local agency hereinafter referred to as the “LA” and the state of Illinois, acting by and through its Department of Transportation, hereinafter referred to as “STATE”. The STATE and LA jointly propose to improve the designated location as described below. The improvement shall be constructed in accordance with plans prepared by, or on behalf of the LA, approved by the STATE and the STATE’s policies and procedures approved and/or required by the Federal Highway Administration hereinafter referred to as “FHWA”. Location Local Name Ladd Arboretum Bike Path Route N/A Length 5636 ft Termini Emerson Street to Green Bay Road Current Jurisdiction City of Evanston TIP Number 02-13-0005 Existing Structure No N/A Project Description Bike path reconstruction from Emerson Street to Green Bay Road within Evanston's Ladd Arboretum. Division of Cost Type of Work % % LA % Total Participating Construction 528,000 ( * ) ( ) 444,369 ( BAL ) 972,369 Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering 52,000 ( * ) ( ) 21,064 ( BAL ) 73,064 Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 580,000 $ $ 465,433 $ 1,045,433 * Maximum FHWA (STE) Participation 80% Not to Exceed $580,000. Shortfall to be covered by the LA in the event the Federal allocation differs from this amount. NOTE:  The costs shown in the Division of Cost table are approximate and subject to change. The final LA share is dependent on the final Federal and State participation. The actual costs will be used in the final division of cost for billing and reimbursment. If funding is not a percentage of the total, place an asterisk in the space provided for the percentage and explain above. Local Agency Appropriation By execution of this Agreement, the LA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to fund the LA share of project costs. A copy of the resolution or ordinance is attached as an addendum. Method of Financing (State Contract Work) METHOD A---Lump Sum (80% of LA Obligation) METHOD B--- Monthly Payments of due by the of each successive month. METHOD C---LA’s Share Balance divided by estimated total cost multiplied by actual progress payment. (See page two for details of the above methods and the financing of Day Labor and Local Contracts) 258 of 493 Printed on 2/3/2015 Page 2 of 5 BLR 05310 (Rev. 10/06/14) Agreement Provisions THE LA AGREES: (1) To acquire in its name, or in the name of the state if on the state highway system, all right-of-way necessary for this project in accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and established state policies and procedures. Prior to advertising for bids, the LA shall certify to the STATE that all requirements of Titles II and III of said Uniform Act have been satisfied. The disposition of encroachments, if any, will be cooperatively determined by representatives of the LA, and STATE and the FHWA, if required. (2) To provide for all utility adjustments, and to regulate the use of the right-of-way of this improvement by utilities, public and private, in accordance with the current Utility Accommodation Policy for Local Agency Highway and Street Systems. (3) To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during construction of the proposed improvement. (4) To retain jurisdiction of the completed improvement unless specified otherwise by addendum (addendum should be accompanied by a location map). If the improvement location is currently under road district jurisdiction, an addendum is required. (5) To maintain or cause to be maintained, in a manner satisfactory to the STATE and FHWA, the completed improvement, or that portion of the completed improvement within its jurisdiction as established by addendum referred to in item 4 above. (6) To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and Nondiscrimination Regulations required by the U.S. Department of Transportation. (7) To maintain, for a minimum of 3 years after the completion of the contract, adequate books, records and supporting documents to verify the amounts, recipients and uses of all disbursements of funds passing in conjunction with the contract; the contract and all books, records and supporting documents related to the contract shall be available for review and audit by the Auditor General and the department; and the LA agrees to cooperate fully with any audit conducted by the Auditor General and the department; and to provide full access to all relevant materials. Failure to maintain the books, records and supporting documents required by this section shall establish a presumption in favor of the STATE for the recovery of any funds paid by the STATE under the contract for which adequate books, records and supporting documentation are not available to support their purported disbursement. (8) To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of the proposed improvement. (9) To comply with Federal requirements or possibly lose (partial or total) Federal participation as determined by the FHWA. (10) (State Contracts Only) That the method of payment designated on page one will be as follows: Method A - Lump Sum Payment. Upon award of the contract for this improvement, the LA will pay to the STATE within thirty (30) calendar days of billing, in lump sum, an amount equal to 80% of the LA’s estimated obligation incurred under this Agreement. The LA will pay to the STATE the remainder of the LA’s obligation (including any nonparticipating costs) within thirty (30) calendar days of billing in a lump sum, upon completion of the project based upon final costs. Method B - Monthly Payments. Upon award of the contract for this improvement, the LA will pay to the STATE, a specified amount each month for an estimated period of months, or until 80% of the LA’s estimated obligation under the provisions of the Agreement has been paid, and will pay to the STATE the remainder of the LA’s obligation (including any nonparticipating costs) in a lump sum, upon completion of the project based upon final costs. Method C - Progress Payments. Upon receipt of the contractor’s first and subseque nt progressive bills for this improvement, the LA will pay to the STATE within thirty (30) calendar days of reciept, an amount equal to the LA’s share of the construction cost divided by the estimated total cost, multiplied by the actual payment (appropriately adjusted for nonparticipating costs) made to the contractor until the entire obligation incurred under this Agreement has been paid. Failure to remit the payment(s) in a timely manner as required under Methods A, B, or C, shall allow the STATE to internally offset, reduce, or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to LA on this or any other contract. The STATE, at its sole option, upon notice to the LA, may place the debt into the the Illinois Comptroller’s Offset System (30 ILCS 105/10.05) or take such other and further action as my be required to recover the debt. (11) (Day Labor or Local Contracts) To provide or cause to be provided all of the initial funding, equipment, labor, material and services necessary to construct the complete project. (12) (Preliminary Engineering) In the event that right-of-way acquisition for, or actual construction of the project for which this preliminary engineering is undertaken with Federal participation is not started by the close of the tenth fiscal year following the fiscal year in which this agreement is executed, the LA will repay the STATE any Federal funds received under the terms of this Agreement. (13) (Right-of-Way Acquisition) In the event that the actual construction of the project on this right-of-way is not undertaken by the close of the twentieth fiscal year following the fiscal year in which this Agreement is executed, the LA will repay the STATE any Federal Funds received under the terms of this Agreement. 259 of 493 Printed on 2/3/2015 Page 3 of 5 BLR 05310 (Rev. 10/06/14) (14) (Railroad Related Work Only) The estimates and general layout plans for at-grade crossing improvements should be forwarded to the Rail Safety and Project Engineer, Room 204, Illinois Department of Transportation, 2300 South Dirksen Parkway, Springfield, Illinois, 62764. Approval of the estimates and general layout plans should be obtained prior to the commencement of railroad related work. All railroad related work is also subject to approval be the Illinois Commerce Commission (ICC). Final inspection for railroad related work should be coordinated through appropriate IDOT District Bureau of Local Roads and Streets office. Plans and preemption times for signal related work that will be interconnected with traffic signals shall be submitted to the ICC for review and approval prior to the commencement of work. Signal related work involving interconnects with state maintained traffic signals should also be coordinated with the IDOT’s District Bureau of Operations. The LA is responsible for the payment of the railroad related expenses in accordance with the LA/railroad agreement prior to requesting reimbursement from IDOT. Requests for reimbursement should be sent to the appropriate IDOT District Bureau of Local Roads and Streets office. Engineer’s Payment Estimates in accordance with the Division of Cost on page one. (15) And certifies to the best of its knowledge and belief its officials: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal department or agency; (b) have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, local) with commission of any of the offenses enumerated in item (b) of this certification; and (d) have not within a three-year period preceding the Agreement had one or more public transactions (Federal, State, local) terminated for cause or default. (16) To include the certifications, listed in item 15 above and all other certifications required by State statutes, in every contract, including procurement of materials and leases of equipment. (17) (State Contracts) That execution of this agreement constitutes the LA’s concurrence in the award of the construction contract to the responsible low bidder as determined by the STATE. (18) That for agreements exceeding $100,000 in federal funds, execution of this Agreement constitutes the LA’s certification that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress, in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions; (c) The LA shall require that the language of this certification be included in the award documents for all subawards at all ties (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. (19) To regulate parking and traffic in accordance with the approved project report. (20) To regulate encroachments on public right-of-way in accordance with current Illinois Compiled Statutes. (21) To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this improvement in accordance with current Illinois Compiled Statutes. (22) That the LA may invoice the STATE monthly for the FHWA and/or STATE share of the costs incurred for this phase of the improvement. The LA will submit supporting documentation with each request for reimbursement from the STATE. Supporting documentation is defined as verification of payment, certified time sheets, vendor invoices, vendor receipts, and other documentation supporting the requested reimbursement amount. (23) To complete this phase of the project within three years from the date this agreement is approved by the STATE if this portion of the project described in the Project Description does not exceed $1,000,000 (five years if the project costs exceed $1,000,000). (24) Upon completion of this phase of the improvement, the LA will submit to the STATE a complete and detailed final invoice with all applicable supporting supporting documentation of all incurred costs, less previous payments, no later than one year from the date of completion of this phase of the improvement. If a final invoice is not received within one year of completion of this phase of the improvement, the most recent invoice may be considered the final invoice and the obligation of the funds closed. 260 of 493 Printed on 2/3/2015 Page 4 of 5 BLR 05310 (Rev. 10/06/14) (25) (Single Audit Requirements) That if the LA expends $500,000 or more a year in federal financial assistance they shall have an audit made in accordance with the Office of Management and Budget (OMB) Circular No. A-133. LA’s that expend less than $500,000 a year shall be exempt from compliance. A copy of the audit report must be submitted to the STATE (Office of Finance and Administration, Audit Coordination Section, 2300 South Dirksen Parkway, Springfield, Illinois, 62764), within 30 days after the completion of the audit, but no later than one year after the end of the LA’s fiscal year. The CFDA number for all highway planning and construction activities is 20.205. (26) That the LA is required to register with the System for Award Management or SAM (formerly Central Contractor Registration (CCR)), which is a web-enabled government-wide application that collects, validates, stores, and disseminates business information about the federal government’s trading partners in support of the contract award and the electronic payment processes. To register or renew, please use the following website: https://www.sam.gov/portal/public/SAM/#1. THE STATE AGREES: (1) To provide such guidance, assistance and supervision and to monitor and perform audits to the extent necessary to assure validity of the LA’s certification of compliance with Titles II and III requirements. (2) (State Contracts) To receive bids for the construction of the proposed improvement when the plans have been approved by the STATE (and FHWA, if required) and to award a contract for construction of the proposed improvement, after receipt of a satisfactory bid. (3) (Day Labor) To authorize the LA to proceed with the construction of the improvement when Agreed Unit Prices are approved and to reimburse the LA for that portion of the cost payable from Federal and/or State funds based on the Agreed Unit Prices and Engineer’s Payment Estimates in accordance with the Division of Cost on page one. (4) (Local Contracts) That for agreements with Federal and/or State funds in engineering, right-of-way, utility work and/or construction work: (a) To reimburse the LA for the Federal and/or State share on the basis of periodic billings, provided said billings contain sufficient cost information and show evidence of payment by the LA; (b) To provide independent assurance sampling, to furnish off-site material inspection and testing at sources normally visited by STATE inspectors of steel, cement, aggregate, structural steel and other materials customarily tested by the STATE. IT IS MUTUALLY AGREED: (1) Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard Specifications for Road and Bridge Construction. (2) That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not approve the proposed improvement for Federal-aid participation or the contract covering the construction work contemplated herein is not awarded within three years of the date of execution of this Agreement. (3) This Agreement shall be binding upon the parties, their successors and assigns. (4) For contracts awarded by the LA, the LA shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any USDOT – assisted contract or in the administration of its DBE program or the requirements of 49 CFR part 26. The LA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of USDOT – assisted contracts. The LA’s DBE program, as required by 49 CFR part 26 and as approved by USDOT, is incorporated by reference in this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the department may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31U.S.C. 3801 et seq.). In the absence of a USDOT – approved LA DBE Program or on State awarded contracts, this Agreement shall be administered under the provisions of the STATE’s USDOT approved Disadvantaged Business Enterprise Program. (5) In cases where the STATE is reimbursing the LA, obligations of the STATE shall cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or applicable Federal Funding source fails to appropriate or otherwise make available funds for the work contemplated herein. (6) All projects for the construction of fixed works which are financed in whole or in part with funds provided by this Agreement and/or amendment shall be subject to the Prevailing Wage Act (820 ILCS 130/0.01 et seq.) unless the provisions of that Act exempt its application 261 of 493 Printed on 2/3/2015 Page 5 of 5 BLR 05310 (Rev. 10/06/14) ADDENDA Additional information and/or stipulations are hereby attached and identified below as being a part of this Agreement. Number 1- Location Map, Number 2 – Local Appropriation Resolution. (Insert addendum numbers and titles as applicable) The LA further agrees, as a condition of payment, that it accepts and will comply with the applicable provisions set forth in this Agreement and all exhibits indicated above. APPROVED APPROVED Local Agency State of Illinois Department of Transportation Elizabeth B. Tisdahl Name of Official (Print or Type Name) Erica J. Borggren, Acting Secretary Date Mayor By: Title (County Board Chairperson/Mayor/Village President/etc.) Aaron A. Weatherholt, Deputy Director of Highways Date Omer Osman, Director of Highways/Chief Engineer Date (Signature) Date The above signature certifies the agency’s TIN number is Michael A. Forti, Chief Counsel Date 36-6005870 conducting business as a Governmental Entity. DUNS Number 074390907 Tony Small, Director of Finance and Administration Date NOTE: If signature is by an APPOINTED official, a resolution authorizing said appointed official to execute this agreement is required. 262 of 493 To: Honorable Mayor, Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director of Engineering & Infrastructure Stefanie Levine, PLA, Senior Project Manager Subject: Recommendation for Construction Engineering Services for the Ladd Arboretum Bike Path, RFQ #15-06 Date: February 9, 2015 Recommendation Staff recommends that City Council authorize the City Manager to execute a construction engineering services agreement for the Ladd Arboretum Bike Path Project with Terra Engineering Ltd. located at 225 W. Ohio Street, 4th Floor, Chicago, Illinois 60654 at a total cost of $73,064.25. Funding Sources Local Share FY 2015 CIP #416455: $465,433 ITEP: $580,000 Total: $1,045,433 Discussion In 2013 the City received $580,000 in Federal funding through the Illinois Transportation Enhancement Program (ITEP) to reconstruct the deteriorated bike path through the Ladd Arboretum. Construction documents were prepared by staff and the project is currently scheduled for IDOT’s April 2015 letting. As an IDOT let project, construction engineering services are extensive must follow federal and IDOT requirements. As a result, staff issued a Request for Qualifications, as required by IDOT, to secure the services of a consultant engineer to perform the required services. On January 16, 2015, the Purchasing Department received qualification statements from ten professional consulting firms as noted below: Memorandum For City Council meeting of February 23, 2015 Item A8.2 Business of the City by Motion: Ladd Arboretum Path Construction Engineering For Action 263 of 493 Consultant Address Christopher B. Burke Engineering. Ltd. 9575 W. Higgins Road, Suite 600, Rosemont, Illinois 60018 DLZ 8619 W. Bryn Mawr Ave., Suite 602, Chicago, Illinois 60631 ESI Consultants, Ltd. 1979 North Mill Street, Suite 100, Naperville, Illinois 60563 Infrastructure Engineering, Inc. 33 W. Monroe, Suite 1540, Chicago, Illinois 60603 KPFF 630 Davis Street, 5th Floor, Evanston, Illinois 60201 K-Plus Engineering, Llc. 15 Spinning Wheel Road, Suite 320, Hinsdale, Illinois 60521 Morris Engineering, Inc. 5100 Lincoln Avenue, Lisle, Illinois 60532 Stanley Consultants, Inc. 8501 W. Higgins Road, Suite 730, Chicago, Illinois 60631 Terra Engineering, Ltd. 225 W. Ohio Street, 4th Floor, Chicago, Illinois 60654 TranSystems 1475 E. Woodfield Road, Suite 600, Schaumburg, Illinois 60173 A committee was developed to review and evaluate the qualification statements consisting of the following members: Alex Thorpe/Administrative Services, Suzette Robinson/Public Works, Sat Nagar/Public Works and Stefanie Levine/Public Works. Each committee member individually reviewed the qualification statements based on evaluation criteria outlined in the project’s RFQ as stated below: 1. Qualifications and Expertise (35%) 2. Experience of Staff Assigned to Project (35%) 3. Organization and Completeness of Proposal (20%) 4. M/W/EBE Participation (10%) Following qualification statement review, the committee met to discuss the submissions and develop a short-list for interview. The committee then interviewed the top four candidate firms. After the interviews, the committee met again to discuss the consultants, score the short-listed firms, and determine which firm to recommend for the project award. A scoring breakdown of the four interviewed firms is as follows: Consultant Qualifications & Expertise (35) Experience of Staff Assigned to Project (35) Proposal Organization and Completeness (20) Proposed M/W/EBE (10) Total (100) Christopher Burke 28 24 18 8 78 Stanley Consultants 28 24 18 8 78 Terra Engineering 33 33 18 10 94 TranSystems 29 27 18 8 82 264 of 493 Following consultant scoring and committee discussion, staff determined that Terra Engineering Ltd. was the most qualified consultant for the project and subsequently contacted Terra to negotiate a scope and fee as required by IDOT’s RFQ process. The committee therefore recommends Terra Engineering Ltd. be awarded this work as they have been identified as the most qualified firm. Terra Engineering Ltd. has significant previous experience with similar projects and a demonstrated understanding of the required work. Terra Engineering Ltd. is also in compliance with the City’s M/W/EBE participation goal (see attached M/W/EBE memo for additional information). Funding for these services will be paid through a 80% federal / 20% local cost sharing agreement. ------------------------------------------------------------------------------------- Attachments: Terra Engineering Ltd. cost proposal MWEBE Memo 265 of 493 DF-824-039REV 12/04COST ESTIMATE OF CONSULTANT SERVICESFIRMTERRA Engineering, Ltd.DATE 01/29/15PSBLadd Arboretum Bike PathOVERHEAD RATE1.4999PRIME/SUPPLEMENTPrimeCOMPLEXITY FACTOR0DBEOVERHEAD IN-HOUSEOutside SERVICES% OFDROPITEMMANHOURS PAYROLL&DIRECT FIXED DirectBYDBE TOTAL GRANDBOXFRINGE BENF COSTS FEECosts OTHERS TOTALTOTAL(A)(B)( C )(D)(E)(F)(G)(H)(B-G)Project Management8 476.88 715.27 176.45 1,368.60 1.87%Construction Inspection440 16,288.80 24,431.573,250.006,026.8620,508.56 70,505.79 96.50%Admin8 176.16 264.22 65.18 505.56 0.69%Preconstruction Meeting4 238.44 357.64 88.22 684.30 0.94% Subconsultant DL0.00 0.00 0.00%TOTALS460 17,180.28 25,768.70 3,250.00 6,356.70 0.00 20,508.56 0.0073,064.25100.00%DBE0.00%DBECOST PLUS FIXED FEEPREPARED BY THE AGREEMENTS UNITPrinted 1/29/2015 3:13 PM266 of 493 DF-824-039REV 12/04PAYROLL ESCALATION TABLEFIXED RAISESFIRM NAMETERRA Engineering, Ltd.DATE 01/28/15PRIME/SUPPLEMENTPrime0.00PTB NO.Ladd Arboretum Bike Path CONTRACT TERM3MONTHS OVERHEAD RATE149.99%START DATE6/1/2015COMPLEXITY FACTORRAISE DATE1/1/2016% OF RAISE3.00%ESCALATION PER YEAR6/1/2015-8/31/2015 33 = 100.00% = 1.0000The total escalation for this project would be:0.00%Bureau of Design and EnvironmentPrinted 1/28/2015 4:22 PM267 of 493 DF-824-039 REV 12/04 PAYROLL RATES FIRM NAME TERRA Engineering, LtdDATE 01/28/15 PRIME/SUPPLEMENT Prime PSB NO.Ladd Arboretum Bike Path ESCALATION FACTOR 0.00% CLASSIFICATION CURRENT RATE CALCULATED RATE Senior Project Manager $59.61 $59.61 Project Manager $37.02 $37.02 Admin $22.02 $22.02 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PREPARED BY THE AGREEMENTS UNITPrinted 1/28/2015 4:23 PM 268 of 493 Subconsultants FIRM NAME TERRA Engineering, Ltd.DATE 01/29/15 PRIME/SUPPLEMENT Prime PSB NO.Ladd Arboretum Bike Path NAME Direct Labor Total Contribution to Prime Consultant Environmental Design Int 7,983.16 0.00 American Geoengineerin 12,525.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total 20,508.56 0.00 269 of 493 DF-824-039REV 12/04AVERAGE HOURLY PROJECT RATESFIRMTERRA Engineering, Ltd.PSBLadd Arboretum Bike PathDATE01/29/15PRIME/SUPPLEMENTPrimeSHEET 1OF1PAYROLL AVGTOTAL PROJECT RATESProject Management Construction Inspection AdminPreconstruction Meeting HOURLY Hours% Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % WgtdCLASSIFICATION RATESPart. AvgPart. AvgPart. AvgPart. AvgPart. AvgPart. AvgSenior Project Manag59.61122.61% 1.568100.00% 59.61 4100.00% 59.61 Project Manager 37.0244095.65% 35.41 440100.00% 37.02 Admin22.0281.74% 0.38 8100.00% 22.02 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS460100% $37.35 8 100.00% $59.61 440 100% $37.02 8 100% $22.02 4 100% $59.61 0 0% $0.00PREPARED BY THE AGREEMENTS UNITPrinted 1/29/2015 3:18 PM270 of 493 COMPANY NAME: PTB NUMBER: TODAY'S DATE: ITEM ALLOWABLE UTILIZE W.O. ONLY QUANTITY J.S. ONLY CONTRACT RATE TOTAL Per Diem (per GOVERNOR’S TRAVEL CONTROL BOARD)Up to state rate maximum $0.00 $0.00 Lodging (per GOVERNOR’S TRAVEL CONTROL BOARD)Actual cost (Up to state rate maximum)$0.00 $0.00 Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval $0.00 $0.00 Vehicle Mileage (per GOVERNOR’S TRAVEL CONTROL BOARD)Up to state rate maximum $0.00 $0.00 Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day X 50 $65.00 $3,250.00 Vehicle Rental Actual cost (Up to $55/day)$0.00 $0.00 Tolls Actual cost $0.00 $0.00 Parking Actual cost $0.00 $0.00 Overtime Premium portion (Submit supporting documentation) $0.00 $0.00 Shift Differential Actual cost (Based on firm's policy) $0.00 $0.00 Overnight Delivery/Postage/Courier Service Actual cost (Submit supporting documentation) $0.00 $0.00 Copies of Deliverables/Mylars (In-house) Actual cost (Submit supporting documentation) $0.00 $0.00 Copies of Deliverables/Mylars (Outside) Actual cost (Submit supporting documentation) $0.00 $0.00 Project Specific Insurance Actual cost $0.00 $0.00 Monuments (Permanent) Actual cost $0.00 $0.00 Photo Processing Actual cost $0.00 $0.00 2-Way Radio (Survey or Phase III Only) Actual cost $0.00 $0.00 Telephone Usage (Traffic System Monitoring Only) Actual cost $0.00 $0.00 CADD Actual cost (Max $15/hour)$0.00 $0.00 Web Site Actual cost (Submit supporting documentation) $0.00 $0.00 Advertisements Actual cost (Submit supporting documentation) $0.00 $0.00 Public Meeting Facility Rental Actual cost (Submit supporting documentation) $0.00 $0.00 Public Meeting Exhibits/Renderings & Equipment Actual cost (Submit supporting documentation) $0.00 $0.00 Recording Fees Actual cost $0.00 $0.00 Transcriptions (specific to project) Actual cost $0.00 $0.00 Courthouse Fees Actual cost $0.00 $0.00 Storm Sewer Cleaning and Televising Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 Traffic Control and Protection Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 Aerial Photography and Mapping Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 Utility Exploratory Trenching Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 Testing of Soil Samples* Actual cost $0.00 $0.00 Lab Services* Actual cost (Provide breakdown of each cost) $0.00 $0.00 Equipment and/or Specialized Equipment Rental* Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DIRECT COST $3,250.00 *If other allowable costs are needed and not listed, please add in the above spaces provided. LEGEND W.O. = Work Order J.S. = Job Specific TERRA Engineering, Ltd. Ladd Arboretum Bike Path 1/28/2015 Direct Costs Check Sheet PRINTED 1/28/2015 BDE 436 (Rev. 09/30/13)271 of 493 DF-824-034REV 12/04PAYROLL ESCALATION TABLEANNIVERSARY RAISESFIRM NAMEEnvironmental Design InternationalDATE01/29/15PRIME/SUPPLEMENTTERRA ENGINEERING LTDPTB NO.LADD Arboretum Bike PathCONTRACT TERM3MONTHS OVERHEAD RATE144.74%START DATE6/1/2015COMPLEXITY FACTOR0RAISE DATE7/1/2016% OF RAISE3.00%ESCALATION PER YEARDETERMINE THE MID POINT OF THE AGREEMENT1.5CALCULATE THE ESCALATION FACTOR TO THE MIDPOINT OF THE CONTRACT0.38%The total escalation for this project would be: 0.38%Bureau of Design and EnvironmentPrinted 1/29/2015 3:20 PM272 of 493 DF-824-034 REV 12/04 PAYROLL RATES FIRM NAME Environmental Design Int DATE 01/29/15 PRIME/SUPPLEMENT TERRA ENGINEERING LTD PTB NO.LADD Arboretum Bike Path (15-06) ESCALATION FACTOR 0.38% CLASSIFICATION CURRENT RATE CALCULATED RATE Program Manager $70.00 $70.00 Construction Inspector $36.20 $36.34 QA/QC $56.00 $56.21 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 PREPARED BY THE AGREEMENTS UNITPrinted 1/29/2015 3:21 PM 273 of 493 DF-824-034REV 12/04COST ESTIMATE OF CONSULTANT SERVICESFIRMEnvironmental Design InternationalDATE01/29/15PTBLADD Arboretum Bike Path (15-06) OVERHEAD RATE1.4474PRIME/SUPPLEMENTTERRA ENGINEERING LTDCOMPLEXITY FACTOR0CPFF = 14.5 % [DL + R(DL) + OH(DL) + IHDCDBE OVERHEAD IN-HOUSEOutside SERVICES% OFDROPITEMMANHOURS PAYROLL&DIRECT FIXED Direct BYDBETOTAL GRANDBOXFRINGE BENF COSTS FEECosts OTHERS TOTALTOTAL(A)(B)( C )(D)(E)(F)(G)(H)(B-G)DBEProject Management4 280.00 405.27 99.36784.64784.64 9.83%DBEConstruction Inspection32 1,162.74 1,682.96675.00510.504,031.204,031.20 50.50%DBEQA/QC Construction16 899.36 1,301.73 332.762,533.862,533.86 31.74%DBEPre-Construction Mtg4 224.84 325.43 83.19633.46633.46 7.94% Subconsultant DL0.00 0.00 0.00%TOTALS56 2,566.94 3,715.39 675.00 1,025.82 0.00 0.00 7,983.167,983.16100.00%DBE 100.00%DBECOST PLUS FIXED FEEPREPARED BY THE AGREEMENTS UNITPrinted 1/29/2015 3:21 PM274 of 493 DF-824-034REV 12/04AVERAGE HOURLY PROJECT RATESFIRMEnvironmental Design InternationalPTBLADD Arboretum Bike Path (15-06)DATE01/29/15PRIME/SUPPLEMENTTERRA ENGINEERING LTDSHEET 1OF1PAYROLL AVGTOTAL PROJECT RATES Project Management Construction Inspection QA/QC Construction Pre-Construction Mtg HOURLY Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % Wgtd Hours % WgtdCLASSIFICATION RATES Part. Avg Part. Avg Part. Avg Part. Avg Part. Avg Part. AvgProgram Manager 70.0047.14% 5.004100.00% 70.00 Construction Inspector 36.343257.14% 20.76 32100.00% 36.34 QA/QC 56.212035.71% 20.08 16100.00% 56.214100.00% 56.21 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTALS56 100% $45.84 4 100% $70.00 32 100% $36.34 16 100% $56.21 4 100% $56.21 0 0% $0.00PREPARED BY THE AGREEMENTS UNITPrinted 1/29/2015 3:21 PM275 of 493 COMPANY NAME: PTB NUMBER: TODAY'S DATE: ITEM ALLOWABLE UTILIZE W.O. ONLY QUANTITY J.S. ONLY CONTRACT RATE TOTAL Per Diem (per GOVERNOR’S TRAVEL CONTROL BOARD)Up to state rate maximum $0.00 $0.00 Lodging (per GOVERNOR’S TRAVEL CONTROL BOARD)Actual cost (Up to state rate maximum)$0.00 $0.00 Air Fare Coach rate, actual cost, requires minimum two weeks' notice, with prior IDOT approval $0.00 $0.00 Vehicle Mileage (per GOVERNOR’S TRAVEL CONTROL BOARD)Up to state rate maximum $0.00 $0.00 Vehicle Owned or Leased $32.50/half day (4 hours or less) or $65/full day X 10 $65.00 $650.00 Vehicle Rental Actual cost (Up to $55/day)$0.00 $0.00 Tolls Actual cost $0.00 $0.00 Parking Actual cost $0.00 $0.00 Overtime Premium portion (Submit supporting documentation) $0.00 $0.00 Shift Differential Actual cost (Based on firm's policy) $0.00 $0.00 Overnight Delivery/Postage/Courier Service Actual cost (Submit supporting documentation) $0.00 $0.00 Copies of Deliverables/Mylars (In-house) Actual cost (Submit supporting documentation) $0.00 $0.00 Copies of Deliverables/Mylars (Outside) Actual cost (Submit supporting documentation) $0.00 $0.00 Project Specific Insurance Actual cost $0.00 $0.00 Monuments (Permanent) Actual cost $0.00 $0.00 Photo Processing Actual cost $0.00 $0.00 2-Way Radio (Survey or Phase III Only) Actual cost $0.00 $0.00 Telephone Usage (Traffic System Monitoring Only) Actual cost $0.00 $0.00 CADD Actual cost (Max $15/hour)$0.00 $0.00 Web Site Actual cost (Submit supporting documentation) $0.00 $0.00 Advertisements Actual cost (Submit supporting documentation) $0.00 $0.00 Public Meeting Facility Rental Actual cost (Submit supporting documentation) $0.00 $0.00 Public Meeting Exhibits/Renderings & Equipment Actual cost (Submit supporting documentation) $0.00 $0.00 Recording Fees Actual cost $0.00 $0.00 Transcriptions (specific to project) Actual cost $0.00 $0.00 Courthouse Fees Actual cost $0.00 $0.00 Storm Sewer Cleaning and Televising Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 Traffic Control and Protection Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 Aerial Photography and Mapping Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 Utility Exploratory Trenching Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 Testing of Soil Samples* Actual cost $0.00 $0.00 Lab Services* Actual cost (Provide breakdown of each cost) $0.00 $0.00 Equipment and/or Specialized Equipment Rental* Actual cost (Requires 2-3 quotes with IDOT approval) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL DIRECT COST $650.00 *If other allowable costs are needed and not listed, please add in the above spaces provided. LEGEND W.O. = Work Order J.S. = Job Specific Environmental Design International, Inc. Ladd Arboretum Bike Path 1/28/2015 Direct Costs Check Sheet PRINTED 1/29/2015 BDE 436 (Rev. 09/30/13)276 of 493 Cost Estimation for QC Concrete Testing 11327 IDOT Contract No. Job No. C-91-248-13 Letting. District No.One Project: Code No.Item Unit Quantity Qty, CY Pours Hours Technicians No.Rate Amounts CONCRETE 42300400 PORTLAND CEMENT CONCRETE DRIVEWAY PAVEMENT, 8 INCH SQ YD 18.00 0.5 8 Level I Field Tech.1 $96.15 $384.60 42400200 PORTLAND CEMENT CONCRETE SIDEWALK 5 INCH SQ FT 5,850.00 1 8 Level I Field Tech.1 $96.15 $769.20 60600605 CONCRETE CURB, TYPE B FOOT 495.00 1 8 Level I Field Tech.1 $96.15 $769.20 60603800 COMBINATION CONCRETE CURB AND GUTTER, TYPE B- 6.12 FOOT 169.00 0.5 8 Level I Field Tech.1 $96.15 $384.60 XXXXXXX POROUS PORTLAND CEMENT CONCRETE BIKE PATH 6 INCH SQ YD 5,080.00 2 8 Level I Field Tech.3 $96.15 $4,615.20 SOIL 20201200 REMOVAL AND DISPOSAL OF UNSUITABLE MATERIAL CU YD 1,463.00 1 8 Level I Field Tech.1 $96.15 $769.20 35101800 AGGREGATE BASE COURSE, TYPE B 6"SQ YD 872.00 1 8 Level I Field Tech.1 $96.15 $769.20 AMERICAN GEOENGINEERING, INC. 399-A Wall Street . Glendale Heights, IL 60139, P (630) 894-9800, F (630) 894-9868 61B16 Estimated Cost:$12,525.40 Sub-Contractor No. (Certified DBE) Ladd Arboretum Bike Path, Evanston, IL Contract 61B16_Ladd Arboretum Bike Path_Evanston Page 1 of 2 277 of 493 ASPHALT 40603335 HOT-MIX ASPHALT SURFACE COURSE, MIX "D" N50 TON 9.00 1 8 Level I Field Tech.1 $96.15 $769.20 8 QC Plan Review Hr 2 $100.00 $200.00 Each 36 $25.00 $900.00 Concrete Cylinder Pick-up Trip 6 $80.00 $480.00 Proctor Each 1 $150.00 $150.00 Gradations, Each 1 $85.00 $85.00 Day 2 $60.00 $120.00 Analytical Testing for CCDD Requirement Sample 0 $2,500.00 $0.00 Travel Charges Trip 8 $70.00 $560.00 Project Management & Reports Each 8 $100.00 $800.00 TOTAL $12,525.40 NOTES: 1) The Number of Pours and/or days of work are approximate. 2) A minimum 4-hour charge for cancellation of Job. 3) A minimum 8-hour charge applies to all field technician work. 4) Overtime to be charged at 1.5 times for any hours over 8 hours/day on weekdays and work done during night time. 5) Overtime to be charged at 2 times for any hours spent on Sunday and holidays. 6) If number of pours exceed the specified, billing will be on an hourly rate basis according to the rates in this Quote. 7) RR Protection Liability Insurance will be charged at actual cost. Nuclear gauge rental Concrete Cylinder Comp. Strength (4X8) Contract 61B16_Ladd Arboretum Bike Path_Evanston Page 2 of 2 278 of 493 July 28, 2014 Subject:PRELIMINARY ENGINEERING Consultant Unit Prequalification File Jamil Bou-Saab TERRA ENGINEERING, LTD. 225 W. Ohio Street, 4th Floor Chicago, IL 60654 Dear Jamil Bou-Saab, We have completed our review of your "Statement of Experience and Financial Condition" (SEFC) which you submitted for the fiscal year ending Dec 31, 2013. Your firm's total annual transportation fee capacity will be $19,200,000. Your firm's payroll burden and fringe expense rate and general and administrative expense rate totaling 149.99% are approved on a provisional basis. The actual rate used in agreement negotiations may be determined by our Office of Quality Compliance and Review in a pre-award audit. Your firm is required to submit an amended SEFC through the Engineering Prequalification & Agreement System (EPAS) to this office to show any additions or deletions of your licensed professional staff or any other key personnel that would affect your firm's prequalification in a particular category. Changes must be submitted within 15 calendar days of the change and be submitted through the Engineering Prequalification and Agreement System (EPAS). Your firm is prequalified until December 31, 2014. You will be given an additional six months from this date to submit the applicable portions of the "Statement of Experience and Financial Condition" (SEFC) to remain prequalified. Sincerely, John Baranzelli Acting Bureau Chief Bureau of Design & Environment 279 of 493 CATEGORY STATUS Highways - Roads and Streets X Special Services - Surveying X Highways - Freeways X Special Services - Sanitary X Hydraulic Reports - Waterways: Typical X Special Services - Construction Inspection X Structures - Highway: Simple X Special Studies - Feasibility X Location Design Studies - Reconstruction/Major Rehabilitation X Structures - Highway: Advanced Typical X Special Studies - Traffic Studies X Special Studies - Traffic Signals X Location Design Studies - Rehabilitation X Geotechnical Services - Structure Geotechnical Reports (SGR)X Location Design Studies - New Construction/Major Reconstruction X Special Studies - Location Drainage X Structures - Highway: Typical X Special Services - Landscape Architecture X Special Studies - Safety X X PREQUALIFIED A NOT PREQUALIFIED, REVIEW THE COMMENTS UNDER CATEGORY VIEW FOR DETAILS IN EPAS. S PREQUALIFIED, BUT WILL NOT ACCEPT STATEMENTS OF INTEREST SEFC PREQUALIFICATIONS FOR TERRA ENGINEERING, LTD. 280 of 493 281 of 493 October 30, 2014 Subject:PRELIMINARY ENGINEERING Consultant Unit Prequalification File Deborah Sawyer ENVIRONMENTAL DESIGN INTERNATIONAL 33 West Monroe Street Suite 1825 Chicago , IL 60603 Dear Deborah Sawyer, We have completed our review of your "Statement of Experience and Financial Condition" (SEFC) which you submitted for the fiscal year ending Dec 31, 2013. Your firm's total annual transportation fee capacity will be $9,200,000. Your firm's payroll burden and fringe expense rate and general and administrative expense rate totaling 144.74% are approved on a provisional basis. The actual rate used in agreement negotiations may be determined by our Office of Quality Compliance and Review in a pre-award audit. Your firm is required to submit an amended SEFC through the Engineering Prequalification & Agreement System (EPAS) to this office to show any additions or deletions of your licensed professional staff or any other key personnel that would affect your firm's prequalification in a particular category. Changes must be submitted within 15 calendar days of the change and be submitted through the Engineering Prequalification and Agreement System (EPAS). Your firm is prequalified until December 31, 2014. You will be given an additional six months from this date to submit the applicable portions of the "Statement of Experience and Financial Condition" (SEFC) to remain prequalified. Sincerely, John Baranzelli Acting Bureau Chief Bureau of Design & Environment 282 of 493 CATEGORY STATUS Special Services - Asbestos Abatement Surveys X Hydraulic Reports - Waterways: Complex X Highways - Freeways X Special Studies - Feasibility X Special Services - Surveying X Special Services - Construction Inspection X Special Studies - Location Drainage X Location Design Studies - Reconstruction/Major Rehabilitation X Location Design Studies - Rehabilitation X Hydraulic Reports - Waterways: Typical X Airports - Design X Highways - Roads and Streets X Special Services - Sanitary X Special Services - Hazardous Waste: Simple X X PREQUALIFIED A NOT PREQUALIFIED, REVIEW THE COMMENTS UNDER CATEGORY VIEW FOR DETAILS IN EPAS. S PREQUALIFIED, BUT WILL NOT ACCEPT STATEMENTS OF INTEREST SEFC PREQUALIFICATIONS FOR ENVIRONMENTAL DESIGN INTERNATIONAL 283 of 493 To: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Assistant Director of Public Works Stefanie Levine, PLA, Senior Project Manager From: Tammi Turner, Purchasing Manager Subject: Request for Qualification 15-06 Recommendation for Construction Engineering Services for the Ladd Arboretum Bike Path Date: February 9, 2015 The goal of the Minority, Women and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City’s goal is to have general contractors utilize M/W/EBEs to perform no less than 25% of the awarded contract. With regard to RFQ 15-06, Construction Engineering Services for the Ladd Arboretum with Terra Engineering Ltd. is found to be in initial compliance with the goal by performing approximately 100% of the contract work to certified M/W/EBE’s. Terra Engineering Ltd. total base bid is $73,064.25, and will receive 100% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Terra Engineering Ltd 225 W. Ohio St. 4th flr Chicago, IL 60654 Engineering Svs. $73,064.25 100% X Total M/W/EBE $73,064.25 100% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum RFQ No. 15-06, Construction Engineering Services for the Ladd Arboretum, M/W/EBE Memo, 2.09.2015 284 of 493 For City Council meeting of February 23, 2015 Item A9 Ordinance 23-O-15 – Approval of Agreement of M.A.B.A.S. For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Greg Klaiber, Fire Chief Subject: Ordinance 23-O-15 for Approval of Agreement of Mutual Aid Box Alarm System (M.A.B.A.S.) Date: January 29, 2015 Recommended Action: The Evanston Fire Department recommends City Council adoption of Ordinance 23-O- 15 authorizing the Mutual Aid Box Alarm System (MABAS) First Addendum to the MABAS Master Agreement. MABAS is a mutual aid system designed to provide speed of response of emergency resources to the stricken community during an ongoing emergency. The Evanston Fire Department has been a member of the MABAS since 1989 (Ordinance 97-O-89). This ordinance was introduced at the February 9, 2015 City Council meeting. This First Addendum to the MABAS Master Agreement in the State of Illinois, last amended prior to 2000, is meant to incorporate in its entirety the terms included within the Master Agreement except as specifically changed herein. In the event there is a conflict between the terms and conditions of the Master Agreement and this Addendum, this Addendum shall be controlling. Purpose: The purpose is to gain compliance with the Federal Emergency Management Agency (FEMA) Recovery Policy (RP9523.6) reference “Mutual Aid Agreements for Public Assistance and Fire Management Assistance”. The purpose includes eligibility of MABAS-Illinois resources and capabilities for Federal Declaration of Disaster reimbursements under the Stafford Act. Intent: The intent of the MABAS Contract Addendum is NOT to begin or establish fees or cost for mutual aid services provided through the MABAS system but rather establish a guideline for recouping and making whole communities who provide MABAS mutual aid at events which might be prolonged in nature (8 hours or more), and provide mechanisms to donate the cost of services provided. Further, through the Addendum’s Memorandum 285 of 493 signing and MABAS Member Agency elected and appointed Boards satisfy eligibility requirements for noted FEMA Recovery Policy RP9523.6. The First Addendum to the MABAS Master Agreement in the State of Illinois states the fee structure for apparatus and equipment shall be based on FEMA or Office of the State Fire Marshal (OSFM) rate schedules, and personnel costs are “usual and customary” pursuant to collective bargaining agreement, benefit ordnance or compensation policy. This fee structure coincides with Evanston’s Annual Fee Ordinance. Attachments: 23-O-15 FEMA Recovery Policy RP9523.6 Page 2 of 2 286 of 493   1/28/2015 23-O-15 AN ORDINANCE Authorizing Addendum to Mutual Aid Box Alarm System Agreement WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and, WHEREAS, the "Intergovernmental Cooperation Act", 5 ILCS 22011 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and, WHEREAS, Section 5 of the "Intergovernmental Cooperation Act", 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and, WHEREAS, the parties hereto are units of local government as defined by the Constitution of the State of Illinois, 1970, Article VII, Section 10, and the Intergovernmental Cooperation Act; and, WHEREAS, the Mayor and the Council of the City of Evanston have determined that it is in the best interests of this unit of local government and its residents to enter into an Addendum to the Mutual Aid Box Alarm System Agreement to secure to each the benefits of mutual aid in fire protection, firefighting, rescue, 287 of 493 23-O-15  ~2~ emergency medical services and other activities for the protection of life and property from an emergency or disaster and to provide for communications procedures, training and other necessary functions to further the provision of said protection of life and property from an emergency or disaster. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: That the Mayor and the Clerk be and are hereby authorized and directed to execute an Addendum to the Mutual Aid Box Alarm System Agreement, a copy of said Addendum being attached hereto as Exhibit A and being made a part hereof. SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this Ordinance 23-O-15 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 23-O-15 that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 23-O-15 is severable. SECTION 5: This Ordinance 23-O-15 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 288 of 493 23-O-15  ~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 289 of 493 23-O-15  ~4~ STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) CLERK’S CERTIFICATE I, ________________________________, the duly qualified and acting Clerk of the City of Evanston, Cook County, Illinois, do hereby certify that attached hereto is a true and correct copy of an Ordinance entitled: 23-O-15 AN ORDINANCE Authorizing Addendum to Mutual Aid Box Alarm System Agreement which Ordinance was duly adopted by said Council at a meeting held on the ______ day of ________, 20____. I do further certify that a quorum of said Council was present at said meeting, and that the Council complied with all the requirements of the Illinois Open Meetings Act and its own policies, rules or regulations concerning the holdings of meetings and the taking of action during meetings. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of __________, 20___. _____________________________ Clerk 290 of 493 23-O-15  ~5~ EXHIBIT A Addendum to the Mutual Aid Box Alarm System Agreement 291 of 493 292 of 493 293 of 493 294 of 493 295 of 493 296 of 493 297 of 493 298 of 493 299 of 493 300 of 493 301 of 493 302 of 493 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee (A&PW) From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Gary Gerdes, Building and Inspection Services Manager Maleka Sumar, Management Analyst Subject: Ordinance 138-O-14, Building and Zoning Permit/Inspection Fee Revisions Date: January 29, 2015 Recommended Action Staff recommends City Council adoption of Ordinance 138-O-14 which includes Building and Zoning permit/inspection fee revisions to reflect current practices and standards. Proposed changes are in accordance with similarly-situated municipalities. The proposed revisions will minimally impact the 2015 Community Development budget and are projected to generate approximately $97,850 in additional revenue for the general fund (about 1% of the department’s 2014 revenue). This ordinance was introduced at the February 9, 2015 City Council meeting. Summary The current fee structure for building and zoning applications and services, such as building inspections, plan reviews, permit variation requests and zoning analysis requests, is complex and difficult for customers to decipher and staff proposes numerous revisions. Building Permit/Plan Review Fee Background Staff is proposing plan review fee amendments based on an influx of plan review update requests with significant changes after a building permit has been issued. In most cases, staff starts a new review of plans which requires a considerable amount time to complete. Plan examiners review approximately 325 post-permit plan revisions annually. Staff also proposes a fee of fifty percent (50%) of the original cost of the permit for reinstatement of the permit, though in no case shall a permit be issued or renewed for a fee less than fifty dollars ($50.00). A considerable amount of time and resources are required to conduct a re-review of the project and reinstate a permit which is almost Memorandum For City Council Meeting of February 23, 2015 Item A1 0 Ordinance 138-O-14 - Permit Fee Ordinance For Action 1 303 of 493 equivalent to generating a new permit. Building permit staff processes approximately 200 permit reinstatements per year. Staff conducted a review of other municipalities and proposes a fee that is closely aligned to those communities: Municipality Building Permit Reinstatement/Extension Fee City of Chicago 25% of original fee; minimum of $50 Village of Clarendon Hills Extension: greater of $107 or 1/3 original fee Reinstatement: permit cost doubled City of Darien 50% of original fee Village of Glendale Heights 50% of original fee Village of Montgomery New permit required upon expiration Village of Oak Park Extension: 25% of original fee City of Palos Hills 50% of original fee City of Prospect Heights 50% of original fee; additional late fees possible Village of Wilmette Extension: 100% of the original fee Village of Western Springs 100% of original fee Village of Westmont Extension: fee based on unfinished portion Expiration: 100% of original fee; other penalties possible Village of Worth 50% of original fee Additionally, staff accepts all residential and commercial project plans for no upfront charge. Plan review service fees are charged only at the time of permit issuance. Staff is running into an issue of non-responses from applicants which results in no compensation for the time and resources allocated to plan reviews. Building permit staff has approximately 100 plans from the past few years that were never picked up after multiple attempts to contact the applicant. Staff is proposing an upfront (non- refundable) nominal fee of $25.00 for residential plans and $100.00 for commercial plans to partially cover City costs. Building inspection staff is also facing a recurring challenge of last-minute inspection cancellations and missed inspections. Staff proposes a $45.00 fee for failure to cancel a scheduled inspection within 24 hours of the inspection time. A re-inspection fee has also been clarified in the proposed ordinance. Approximately 150 inspections are either missed or cancelled last minute on an annual basis. Staff also proposes standardization of the elevator inspection fee by simplifying the current complex tiered fee structure into two main categories. The first category includes buildings that are five stories and under with an annual inspection fee of $70.00 (includes two semi-annual inspections). Whereas the second category includes buildings that are over five stories with an annual inspection fee of $120 (includes two semi-annual inspections). There will be no major impact on the revenue by implementing this recommendation. Zoning Fee Background 2 304 of 493 The proposed amendment simplifies how fees are assessed and includes in the schedule fees for services that were not previously listed but that require significant staff time and materials to process. To simplify the fee structure, the proposed revisions combine fee categories when possible. For example, there are currently nine different fee categories for applications for variations. The revisions propose four categories to distinguish between 1) minor/ fence variations, 2) major variations for residential properties, 3) major variations for commercial properties, and 4) a new fee for major variations needed after commencement of construction. The zoning analysis is also a commonly requested service with a complicated fee structure. The fee is currently set with a base fee of $50 plus an additional $85 to $130, depending on the size of the project. The base fee has not always been consistently collected, so the proposed revision would set a flat fee of $100 - $150 depending on the size of the project. This change is technically a reduction in the fee outlined by the schedule, but is a slight increase in fee over current practice. Simplification also occurs by including in the flat fee the direct costs for the mailing of public notices, rather than calculating that fee on a case-by-case basis depending on the number of notices that are required to be sent. For example, to apply for a special use permit an applicant currently needs to contact the Zoning Office to calculate the number of notices based on the site’s location and multiply that by the current postage costs to determine the mailing fee, which is then added to the base application fee. This amendment proposes to assess a single flat fee for applications so that customers know the application costs up front. Also, while processing recent requests for extensions and amendments to Planned Developments, it became evident that the fee schedule does not address some requested services that require significant resources to process. An example is a major adjustment to a Planned Development, which the fee schedule currently does not reference. The proposal suggests a fee of $2000 be assessed to partially cover the cost of public notification mailing and processing of the case through Plan Commission. The proposed revisions also attempt to better reflect the resources required for processing large development applications. Planned Developments are complex projects often involving multiple iterations and therefore multiple staff reviews, community meetings, and more than one public hearing. The current fee is $3,000 (plus a mailing fee which varies, but can be $800+ for a downtown site), and the proposed new fee is a flat $5,000, including the mailing fee. Although the proposed changes are primarily designed to simplify the fee structure, the new fees would be a slight increase over current fees. Nonetheless, fees are generally less than what is charged by other area municipalities, as shown by the tables below, and would result in an estimated increase of less than $30,000 in annual revenue for all zoning-related fees. 3 305 of 493 Wilmette * Skokie * Current Evanston Fee (plus mailing costs avg. $75) Proposed Evanston Fee (flat fee) Variation - Residential $394 $60 + $300 per variance $165 - $275 $350 Variation – Commercial $394 $60 + $400 per variance $275 - $475 $600 * Mailing responsibility, including costs, are placed on the applicant in these other jurisdictions Oak Park * Highland Park* Current Evanston Fee (plus mailing costs avg. $75 - $800) Proposed Evanston Fee (flat fee) Variation – After construction begins $2,750 Same as fee before construction Same as fee before construction $1,500 Special Use Permit $675 $1,000 $275 - $475 $600 Planned Development $2,000 $2,000 (initial submittal) $1,000 each revised submittal $3,000 $5,000 * Mailing responsibility, including costs, are placed on the applicant in these other jurisdictions Attachment Ordinance 138-O-14 4 306 of 493 1/29/2015 138-O-14 AN ORDINANCE Amending Ordinance 20-O-14 Regarding the City of Evanston Permit Fee Schedule NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Ordinance 20-O-14, which established certain fees relating to permits, licenses, and review or inspection procedures, is hereby deleted in its entirety and the Permit Fee Schedule, attached hereto as Exhibit A and incorporated herein by reference, hereby substituted in lieu thereof. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: That if any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: That this ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 307 of 493 138-O-14 ~2~ 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 308 of 493 138-O-14 ~3~ EXHIBIT A PERMIT FEE SCHEDULE 309 of 493 PERMIT FEE SCHEDULE ~1~ TABLE OF CONTENTS I BUILDING PERMIT FEES 2 II ZONING AND PLAN REVIEW FEES 3 III ELECTRICAL PERMITS 8 IV PLUMBING PERMITS 11 V WATER & SEWER PERMITS 11 VI GAS PIPING PERMITS 12 VII LAWN SPRINKLER PERMITS 12 VIII AUTOMATIC FIRE SUPPRESSION SYSTEM PERMITS 12 IX MECHANICAL PERMIT FEES 13 X LIFT, ELEVATOR & ESCALATOR FEES 13 XI BUILDING MOVING PERMITS 14 XII DEMOLITION PERMITS 14 XIII DRIVEWAY PERMITS 14 XIV SIGNS, AWNINGS, AND CANOPIES 14 XV MISCELLANEOUS PERMITS AND LICENSES 15 XVI TENT PERMIT FEES 16 XVII ANNUAL PERMIT FEES 16 XVIII PENALTY FEES 16 XIX WAIVER OF BUILDING PERMIT FEES 16 310 of 493 PERMIT FEE SCHEDULE ~2~ I. BUILDING PERMIT FEES: A. BASIS OF BUILDING PERMIT FEES: For the purpose of determining a basis for computing building permit fees, the established cost of construction shall be determined by the Director of Community Development as follows: 1. The Director of Community Development will accept an estimate furnished to him by the applicant for the permit at the time of the application. 2. In every instance where a building permit is issued with a construction valuation of one hundred thousand dollars ($100,000.00) or more, the property owner and general contractor shall provide to the City at the conclusion of construction a sworn contractor's statement indicating the full and final construction cost of the project, less land cost. Upon presentation of said sworn statement, any permit fees due the City for costs over and above the cost-valuation submitted as construction valuation on the permit application form shall be immediately paid to the City. In cases of a construction cost less than the estimated valuation, the City shall refund the difference to the property owner or general contractor. 3. In cases of estimated construction valuation of less than one hundred thousand dollars ($100,000.00), the property owner and general contractor shall submit a sworn contractor's statement upon the written request of the Director of Community Development. 4. In cases of dispute of valuation, the owner shall produce, upon request of the Director of Community Development, copies of all contracts, change orders, and final waivers of lien for the subject building which may be submitted, at the discretion of the Director, to an architectural firm for review and a written cost opinion. Fees for the said review are to be paid by the property owner. Upon completion of the review, the Director shall render a final ruling as to fees due or to be refunded. 5. No final Certificate of Occupancy shall be issued until said sworn statement is submitted, and permit fees adjusted accordingly, and such fees and all costs, e.g., those relating to valuation disputes, are paid. 6. The plan review fee will be assessed on refunded permits or withdrawn projects. 7. The following fee structure includes first and second plan reviews. If a third and any subsequent review is required prior to permit issuance, a fee of ten percent (10%) of the original fee shall apply to the final cost per additional review. A post permit plan review shall be assessed at one hundred percent (100%) of the original fee. B. FEES FOR BUILDING PERMITS: The Fee to be charged for permits authorized by the City Code shall be paid to the City Collector and shall be paid as provided 311 of 493 PERMIT FEE SCHEDULE ~3~ herein. No permit or amendment thereto shall be issued without the fee being paid. Pursuant to Section 105.5 of the 2012 International Building Code as amended by City Code Section 4-2-2, a building permit shall, without further action by the City, automatically expire and be rendered null, void and of no further force or effect, if the permit holder does not begin work authorized by the permit within one-hundred and eighty (180) calendar days of permit issuance, unless an extension is granted in accordance with Subsection 2 of Section 105.5 of the 2012 International Building Code as amended by City Code Section 4- 2-2. A fee of fifty percent (50%) of the original cost of permit shall be charged for reinstatement of permit; provided, however, that in no case shall a permit be issued or renewed for a fee less than fifty dollars ($50.00). 1. The fee for cost of work valuation of less than or equal to one million dollars ($1,000,000.00) shall be as follows: Building Permit Fees (Title 4, Chapter 2): Estimated Construction Cost Permit Fees 1 - 100 $ 28.00 101 - 1,000 $ 48.00 1,001 - 2,000 $ 64.00 2,001 - 4,000 $ 88.00 4,001 - 6,000 $ 124.00 6,001 - 8,000 $ 160.00 8,001 - 10,000 $ 196.00 10,001 - 12,000 $ 230.00 12,001 - 16,000 $ 293.00 16,001 - 20,000 $ 357.00 The fee shall be three hundred fifty-seven dollars ($357.00) plus thirteen dollars and fifty cents ($13.50) for each additional one thousand dollars ($1,000.00), or part of one thousand dollars ($1,000.00), of cost of work valuation over twenty thousand dollars ($20,000.00) until one million dollars ($1,000,000.00). 2. The fee for cost of work valuation greater than one million dollars ($1,000,000.00) shall be seventeen dollars and fifty cents ($17.50) for each one thousand dollars ($1,000.00), or part of one thousand dollars ($1,000.00), of cost of work over one dollar ($1.00). C. FENCE FEES: The fee for a permit to erect or install a fence shall be computed at the rate of twenty dollars ($20.00) for the first one hundred lineal feet (100’) or fraction thereof plus six dollars ($6.00) for each additional one hundred feet (100’) or fraction thereof. II. ZONING AND PLAN REVIEW FEES 312 of 493 PERMIT FEE SCHEDULE ~4~ A. Plan review fee shall be based upon building floor area, computed in square feet from the exterior dimensions of length and width of each floor, including all basements, cellars, garages, and storage areas. A minimum non-refundable fee of twenty-five dollars ($25.00) shall be charged at the time of submission for all residential projects. A minimum non-refundable fee of one-hundred dollars ($100.00) shall be charged at the time of submission for all commercial projects. These fees shall be credited towards the final cost of plan reviews. B. PLAN REVIEW FEES: Work Value Plan Review Fee $ 0 - $ 9,999 $ 25.00 $ 10,000 - $ 49,999 $ 50.00 $ 50,000 - $ 99,999 $ 90.00 $ 100,000 - $ 149,999 $ 150.00 $ 150,000 - $ 199,999 $ 200.00 $ 200,000 - $ 499,999 $ 0.002310 * $ 500,000 - $ 999,999 $ 0.002156 * $ 1,000,000 - $ 1,499,999 $ 0.001848 * $ 1,500,000 - $ 1,999,999 $ 0.001386 * $ 2,000,000 - $ 2,999,999 $ 0.001232 * $ 3,000,000 - $ 3,999,999 $ 0.001078 * $ 4,000,000 - $ 4,999,999 $ 0.000924 * $ 5,000,000 - $ 9,999,999 $ 0.000770 * $10,000,000 - and above $ 0.000616 * * Where a fee multiplier is given, the Plan Review Fee is computed as the product of the appropriate fee multiplier and the work value. C. ZONING ANALYSIS FEE: There shall be a base fee of fifty dollars ($50.00) for each zoning analysis issued pursuant to a request for analysis, except in cases where an application is filed solely for the purpose of correcting deficiencies identified in a previous analysis, in which case a fee of twenty-five dollars ($25.00) shall be paid. For zoning analyses of proposed construction of 0-10,000 square feet, the fee shall be eighty-fiveone-hundred dollars ($85100.00). For proposed construction of more than 10,000 square feet, the fee shall be one hundred thirty fifty dollars ($1530.00). Said fee(s) shall not apply to City proposals. The fee for a zoning analysis on a revised proposal shall be the same as the fee for the initial proposal. The fee for zoning analysis analyses done pursuant to an application for a building permit for which a permit is subsequently issued may be deducted from the building permit fee. D. CONSULTANT PLAN EXAMINATION: 313 of 493 PERMIT FEE SCHEDULE ~5~ Fees hereby established shall not be applied to plan reviews to be conducted by agencies other than the Department of Community Development when such review is recommended by the Director. The applicant will pay to the City of Evanston such fees, as set by that agency and approved by the City Council. E. MINIMUM INSPECTION/ REINSPECTION FEES: The minimum charge for any required trade (structural, mechanical, electrical or plumbing inspection) shall be forty-five dollars ($45.00). There shall be a minimum reinspection fee of forty-five dollars ($45.00) for each subsequent inspection. A minimum fee for missed inspection for any required trade or failure to cancel a scheduled inspection within twenty-four hours 24 hours of the inspection shall be forty- five dollars ($45.00) for each inspector. F. CERTIFICATE OF OCCUPANCY: The fee for a final Certificate of Occupancy for residential buildings shall be twenty dollars ($20.00) for each residential dwelling unit. The fee to be charged for all other uses shall be fifty dollars ($50.00). The fee to be charged for a Certificate of Occupancy for part of a residential building (Temporary Certificate of Occupancy) shall be twenty dollars ($20.00) in addition to the fee for the final Certificate of Occupancy. A Temporary Certificate of Occupancy for a portion of any commercial and/or institutional industrial building shall be one hundred twenty-five dollars ($125.00) for thirty (30) days. G. ZONING BOARD OF APPEALS FEES: Any application for a special use, a variation, or a unique use, shall be accompanied by a fee according to the following schedule: Special and Unique Use Application Fees Planned Development or Planned Development Amendment $35,000.00 Special or unique use in the following districts: B1, B2, B3, C1, C1a, C2, D1, D2, D3, D4, RP, O1. I1, I2, I3, U1, U2, U3, OS, and oH $ 365.00 Planned Development Major Adjustment $2,000.00 Planned Development Minor Adjustment or Amendment for Extension $500.00 Hospital Uses $ 6001,100.00 Special or unique use for all uses in the MU, MUE, T1, and T2 districts other than single, two and $ 365.00 314 of 493 PERMIT FEE SCHEDULE ~6~ multiple family uses Drive-in Uses $1,0001,100. 00 Special and unique use in all residential districts and for single, two and multiple family uses in the MU, MUE, T1, and T2 districts $ 240.00 Special or Unique Uses $600.00 Substitution for an existing special use $ 300400.00 Notwithstanding the previous schedule, a fee of only sixty dollars ($60.00) shall be charged for a special use involving only a one or two-family dwelling of accessory structures or uses thereto. Variation Application Fees All variations in the following districts: B1, B2, B3, C1, C1a, C2, D1, D2, D3, D4, RP, O1. I1, I2, I3, U1, U2, U3, OS, and oH $ 475.00 All variations in the following districts for uses other than single family, two family and multiple family dwellings: MU, MUE, T1, and T2 $ 475.00 Minor, major and family necessity variations in the following districts: R4, R5, and R6 $ 250.00 Minor, major, and family necessity variations for multiple family uses in the following districts: MU, MUE, T1, and T2 $ 275.00 Minor, major, and family necessity variations for single family, and two family uses in the following districts: MU, MUE, T1, and T2 $ 275.00 All variations in the following districts: R1, R2, and R3 $ 165.00 Fence variations in the following districts for owner occupied single family, two family and multiple family dwellings: R4, R5, R6, MU, MUE, T1, and T2 $ 165.00 Fence variations in the following districts for uses other than owner occupied single family, two family and multiple family dwellings: R4, R5, and R6 $ 275.00 Fence variations in the following districts for single family, two family and multiple family dwellings that are not owner occupied: MU, MUE, T1, and T2 $ 275.00 All major and family necessity variations for single family and two family dwellings $350.00 All major and family necessity variations for uses other than single family and two family dwellings $600.00 All minor and fence variations $250.00 315 of 493 PERMIT FEE SCHEDULE ~7~ Variation Application Fees All major variations sought after commencement of construction $1,500.00 The specified fee shall be applicable to each special use or variation included in an application except that any application for variations for an owner occupied residence within the R1, R2, or R3 Districts shall require only the applicable fee for a single variation and any applicable fee for a special use. H. ZONING AMENDMENT FEES: Any petition for amendment to the text or map of the Zoning Ordinance shall be accompanied by a fee of five six hundred dollars ($500600.00). I. TRANSCRIPT DEPOSIT & FEES: In addition to the fees set forth in II.G and II.H supra, all petitions and applications to the Zoning Board of Appeals and to the Plan Commission shall be accompanied by a transcript deposit of one hundred fifty dollars ($150.00) to be applied against the cost of preparing a verbatim transcript, except no deposit shall be required for properties containing single and two-family dwellings and for which the Zoning Board of Appeals is the final authority. Actual transcript preparation costs shall be paid by the applicant, appellant or petitioner, at a charge of seven dollars and fifty cents ($7.50) per page of transcript for proceedings before the hearing body. In the event that actual transcript costs exceed one hundred fifty dollars ($150.00), the applicant shall be responsible for the actual transcript costs. In the event that the actual transcript costs do not exceed the one hundred fifty dollars ($150.00) deposit, the resulting balance between the actual costs and the deposit shall be refunded to the applicant. An applicant may request that the City arrange for the production of the transcript within an expedited time frame of less than the normal number of days. The applicant shall pay a fee for the production of the expedited transcript of one dollar and fifty cents ($1.50) per page of transcript in addition to the basic charge. Alternatively, The applicant may arrange to supply verbatim transcripts of all proceedings regarding the application to the Board of Commission, provided further that the required transcript deposit fee shall be refunded to the applicant when a copy of verbatim transcripts, reflecting all proceedings regarding an application before the Board or Commission, is supplied to the Secretary. Transcript deposits and fees shall not apply to references to the Zoning Board of Appeals or the Plan Commission from the City Council. J.I. FEES FOR REQUEST FOR CERTIFICATES OF ZONING COMPLIANCE: Any application for a Certificate of Zoning Compliance pursuant to Section 6-3-2 of the Zoning Ordinance shall be accompanied by the following fees. Major Home Occupation Permits $ 25.00 316 of 493 PERMIT FEE SCHEDULE ~8~ Administrative Interpretations, Temporary Uses and all other requests for Certificates of Zoning Compliance for single-family dwellings, two-family dwellings and multiple family dwellings with no more than three dwelling units.proposed projects or existing buildings of 0-10,000 square feet. $ 25100.00 Administrative Interpretations, Temporary Uses and all other requests for Certificates of Zoning Compliance for multiple family dwellings with more than three dwellings and all other uses for proposed projects or existing buildings of more than 10,000 square feet. $ 50150.00 Notwithstanding the previous schedule, in instances where the application for a Certificate of Zoning Compliance is accompanied by a request for a zoning analysis the fee provisions of II C, “Zoning Analysis Fee” shall supersede the fee provisions of this item II J. K.J. PLAT APPROVAL FEES: Fees for City Council approval of plats of subdivision or consolidation shall be two three hundred dollars ($200300.00) per plat. L.K. ZONING FEE WAIVER: Notwithstanding the fee schedule set forth in II.G and II.H supra, and the deposit schedule set forth in II.I, the City Council shall have the authority to waive in whole or in part any fee or deposit for any hearing before the Zoning Administrator, Plan Commission or Zoning Board of Appeals, for referrals by any governmental agency, or for any other party when such fee would present hardship. An applicant for such a hardship waiver must present his request in writing to the Committee of the Whole outlining the degree of such hardship. Consideration may be given, among other reasons, to the extent to which the hardship was created by Council action, and the financial state of the applicant. M.L. APPEALS: Any appeal of an order or final decision made by the Zoning Administrator shall be accompanied by a fee of one two hundred hundred fifty dollars ($100250.00). III. ELECTRICAL PERMIT FEES: A. BASIS FOR FEES: Electrical fees shall be computed according to circuits and amperes. The term “circuit” as used in the current National Electrical Code, shall mean ant set of branch wiring conductors which have been extended from a distribution center, and which may be utilized for the transmission of electrical energy. A minimum inspection fee in accordance with Section II-E hereof shall also be added. 317 of 493 PERMIT FEE SCHEDULE ~9~ 1. In all use groups as defined in the current Adopted Electrical Code of the City of Evanston, the inspection fee for each nominal 15-ampere or 20-ampere two-wire branch circuit, Including fixtures, sockets or receptacles shall be: B. ELECTRICAL PERMIT FEES: (Title 4, Chapter 7) Circuits 15 Amperes 20 Amperes 30 Amperes 40 Amperes 50 Amperes 1 $ 12.00 $ 15.00 $ 24.00 $ 30.00 $ 36.00 2 $ 22.00 $ 29.00 $ 44.00 $ 58.00 $ 66.00 3 $ 30.00 $ 41.00 $ 60.00 $ 82.00 $ 90.00 4 $ 40.00 $ 53.00 $ 80.00 $106.00 $120.00 5 $ 48.00 $ 65.00 $ 96.00 $130.00 $144.00 6 $ 56.00 $ 75.00 $112.00 $150.00 $168.00 7 $ 64.00 $ 84.00 $128.00 $168.00 $192.00 8 $ 69.00 $ 94.00 $138.00 $188.00 $207.00 9 $ 78.00 $101.00 $156.00 $202.00 $234.00 10 $ 84.00 $110.00 $168.00 $220.00 $252.00 11 $ 89.00 $118.00 $178.00 $236.00 $267.00 12 $ 95.00 $124.00 $190.00 $248.00 $285.00 13 $ 98.00 $132.00 $196.00 $264.00 $294.00 14 $103.00 $140.00 $206.00 $280.00 $309.00 15 $110.00 $146.00 $220.00 $292.00 $330.00 16 $115.00 $152.00 $222.00 $304.00 $333.00 17 $118.00 $157.00 $236.00 $314.00 $354.00 18 $123.00 $165.00 $246.00 $330.00 $369.00 19 $125.00 $171.00 $250.00 $342.00 $375.00 20 $128.00 $176.00 $256.00 $352.00 $384.00 21 $130.00 $182.00 $260.00 $364.00 $390.00 22 $133.00 $189.00 $266.00 $378.00 $399.00 23 $134.00 $198.00 $268.00 $396.00 $402.00 24 $138.00 $204.00 $276.00 $408.00 $414.00 25 $143.00 $210.00 $286.00 $420.00 $429.00 Additional 15 or 20 amperes: 26-50 $ 9.00 each additional circuit 51-75 $ 8.00 each additional circuit 76-100 $ 6.00 each additional circuit over 100 $ 4.00 each additional circuit Additional 30 or 40 amperes: 26-50 $18.00 each additional circuit 51-75 $16.00 each additional circuit 318 of 493 PERMIT FEE SCHEDULE ~10~ 76-100 $12.00 each additional circuit over 100 $ 8.00 each additional circuit Additional 50 amperes: 26-50 $27.00 each additional circuit 51-75 $24.00 each additional circuit 76-100 $18.00 each additional circuit over 100 $12.00 each additional circuit BC. The Inspection fee for the inspection of each electric motor or current- consuming device shall be as follows: One HP or larger $ 19.00 Each additional motor $ 8.00 Heating device $ 19.00 Each additional heating device $ 8.00 + .55 per KW CD. The fees for the inspection of electrical interior communication systems and burglar and shall be as follows: Low voltage burglar, communication systems $ 30.00 The plan review fees for low voltage fire alarms are conducted by agencies other than the Department of Community Development. The applicant will pay fees as set by that agency. The plan review fees are in addition to the permit fees set forth in this ordinance. DE. Permit fees for new services shall be as follows: 60-ampere service $ 21.00 each additional meter $ 12.00 100-ampere service $ 30.00 each additional meter $ 12.00 200-ampere service $ 38.00 each additional meter $ 12.00 400-ampere service $ 45.00 each additional meter $ 12.00 600-ampere service $ 80.00 each additional meter $ 12.00 800-ampere service $ 120.00 each additional meter $ 12.00 1000-ampere service $ 150.00 each additional meter $ 12.00 319 of 493 PERMIT FEE SCHEDULE ~11~ 1200-ampere service $ 200.00 each additional meter $ 12.00 1400-ampere service $ 240.00 each additional meter $ 12.00 1600-ampere service $ 260.00 each additional meter $ 12.00 1800-ampere service $ 300.00 each additional meter $ 12.00 For service ampere rating other than those listed, fee will be for each additional 100 amperes or fraction $ 20.00 1. Feeders: Feeders installed or increased in amperage on a separate installation shall be the same as service fees above. 2. New wires: Changing, moving, or altering any wiring apparatus, machinery or device in any way where new wires of a different size or, of a greater or lesser length, are installed, shall be classed as new work and a fee covering such work shall be required in accordance with the foregoing fee schedules. IV. PLUMBING PERMIT FEES: The fees for permits for the installation, alteration or extension of a plumbing system shall be: 1. Replacement of fixtures *$ 10.00 each 2. New installation of fixtures *$ 15.00 each 3. Water service or any alterations - each unit or floor $ 25.00 4. Hot water heaters, new or replacement $ 25.00 each * Definition of Fixture: Any device having either a water supply or drain connected to the plumbing system. A minimum inspection fee in accordance with Section II-E hereof shall also be added. V. WATER & SEWER - PERMITS: The fee to be charged for sewer installation and repairs shall be as follows: Sewer repair $ 45.00 Water Service repair $ 45.00 320 of 493 PERMIT FEE SCHEDULE ~12~ Swimming pools $ 40.00 Sewer tap per 1.0 inch $ 7.00 Sewer Installation - first 50 $ 45.00 Each additional 50 feet (or fraction thereof) $ 15.00 Basins - per basin $ 45.00 VI. GAS PIPING - PERMITS: The fee for permits for installation of gas piping shall be twenty-five dollars ($25.00) for the first (25) lineal feet, plus ten dollars ($10.00) for (25) lineal feet or fraction thereof. VII. LAWN SPRINKLERS - PERMITS: The permit fee for lawn sprinkling systems shall be thirty dollars ($30.00) plus one dollar ($1.00) per head. VIII. FIRE PLAN REVIEW FEES: The following fee structure shall include the first plan review, a re-review, permit and system acceptance testing. If a third review and subsequent review is required, a fee of fifty percent (50%) of the original fee shall be applied to the final cost. The permit fees for fire related systems are as follows: Sprinkler System Permit and Plan Review Fee 1 to 5 heads $100.00 6 to 20 heads $200.00 21 to 100 heads $350.00 101 to 200 heads $500.00 201 to 300 heads $600.00 Over 300 heads $700.00 + $1 per sprinkler head over 300 Fire Pump Review and Permit Fees (If not part of system) Flat Fee of $200.00 Standpipe Fees (If not part of system) Flat Fee of $200.00 Gas Suppression Systems 1 to 50 pounds $225.00 51 to 100 pounds $350.00 321 of 493 PERMIT FEE SCHEDULE ~13~ 101 to 200 pounds $450.00 Over 200 pounds $600 plus $.50 cents per pounds over 200 Fire Alarm System Permit Fee and Plan Review Fee 1 to 10 devices $200.00 11 to 25 devices $300.00 26 to 50 devices $425.00 51 to 75 devices $550.00 Over 75 devices $700.00 plus $5 per device Wet Chemical Kitchen Hood Suppression System Per hood $225.00 IX. MECHANICAL PERMIT FEES: A. Fee based on mechanical contract price: Value of Contract More Than Less Than Fee $ 0.00 $ 500.00 $ 20.00 $ 501.00 $ 1,000.00 $ 30.00 $ 1,001.00 $ 3,000.00 $ 45.00 $ 3,001.00 $ 5,000.00 $ 60.00 $ 51001.00 $10,000.00 $112.00 $10,001.00 $25,000.00 $256.00 $25,001.00 $50,000.00 $500.00 Above $50,000.00 add $ 10.00 per $ 1,000.00 B. New or Replacement Furnace or A/C Unit: $40.00 C. New or Replacement Boiler: $40.00 D. New or Replacement Process Equipment: $40.00 X. LIFT FEES: A. ELEVATORS (NEW AND EXISTING): 1. Five stories and under: $70.00 each elevator per year (two semi- annual inspections). 2. Over five stories: $120.0070.00 plus $10.00 per additional story per each elevator per year (two semi-annual inspections). 322 of 493 PERMIT FEE SCHEDULE ~14~ B. ESCALATORS: $570.00 each escalator per year (two semi-annual inspections). C. HELICOPTER USAGE FOR CONSTRUCTION: Five hundred dollar ($500.00) fee plus any costs incurred by the City for public safety. D. EXISTING ELEVATOR AND ESCALATOR SEMI-ANNUAL INSPECTIONS: 1. Five stories and under: $50.00 per elevator. 2. Six or more stories: $75.00 per elevator. XI. BUILDING MOVING PERMIT: The fees will be assessed at the cost of city services. XII. BUILDING DEMOLITION PERMITS: The fee for demolition permits shall be computed on the cubic volume of the building or structure to be demolished as follows: Fifty dollar ($50.00) basic fee plus five dollars ($5.00) for each one thousand (1,000) cubic feet of volume. The cubic volume shall include the basement and/or cellar. BONDS (Demolition Permit): No demolition contractor shall perform work within the City unless, prior thereto he shall have filed in the Office of the City Clerk liability and surety of performance bonds in the sum of $150,000 to $300,000 in a form approved by the Corporation Counsel, upon sureties approved by the City Clerk. Any permits will be conditioned upon the applicant’s prior indemnification of the City from all claims arising out of work performed in the City by virtue of any permit issued to the demolition contractor, or by the Department of Community Development, and conditioned upon the restoration of any portion of public right-of-ways or excavations made by the permittee or at its direction to a safe and presentable condition. Such restorations shall be maintained in good order for a reasonable period thereafter. XIII. DRIVEWAY PERMITS: The fee for driveway permits shall be twenty-five dollars ($25.00) for residential buildings and fifty dollars ($50.00) for all other driveways. "Residential buildings" are defined in the Zoning Ordinance. XIV. SIGNS, AWNINGS, AND CANOPIES: A. SIGN PERMIT FEES: 323 of 493 PERMIT FEE SCHEDULE ~15~ 1. Non-illuminated Signs (unless temporary): $21.00 2. Illuminated Signs & Scoreboards: $25.00 plus $0.20 per sq. ft. of gross surface area of each face thereof. 3. Temporary Signs: $20.00 4. Marquees, Fixed Canopies and Fixed Awnings: $26.00 plus $0.26 per sq. ft. of plan area. 5. Retractable Canopies, Fixed Awnings, and Retractable Awnings: $26.00 plus $0.26 per sq. ft. of plan area. B. ANNUAL SIGN INSPECTION FEE: Signs, Awnings with signage, and Canopies: Any sign, awning with signage, or canopy with signage, having a total surface area less than or equal to twenty-six square feet is subject an eleven dollar ($11.00) annual fee. The annual fee for any sign, awning with signage, or canopy with signage, having a total surface area more than twenty-six square feet is seventeen dollars ($17.00). Illuminated Signs, Awnings and Canopies: Any illuminated sign, awning or canopy is subject to an annual surcharge of three dollars ($3.00) is addition to any fee based upon surface area. C. APPEALS FOR VARIATION FROM SIGN ORDINANCE: $175.00 D. SIGN PENALTY FEES: If the annual sign fees are not paid within (60) days of date of renewal, the City of Evanston reserves the right to double the annual fees. If the annual fee is not paid within (120) days of the date renewal, the annual fee will be tripled. XV. MISCELLANEOUS PERMITS AND LICENSES: A. STATIONARY ENGINEERS AND WATER TENDERS LICENSE: The fee to be charged for the original license and for the annual renewal license shall be as follows: Stationary Engineer $ 50.00 annually B. CONTRACTORS REGISTRATION/LICENSE FEES: The fee to be charged for the original license and for the annual renewal license shall be as follows: Building Contractors $ 100.00 Residential $ 125.00 Commercial Drain Layers $ 50.00 Electrical Contractors $ 50.00 324 of 493 PERMIT FEE SCHEDULE ~16~ HVAC Contractors $ 100.00 C. TANK PERMITS: The fee for installation of tanks to be used for the storage or handling of flammable liquids and chemicals shall be eleven dollars ($11.00) for each one thousand (1,000) gallons of capacity. The minimum fee for a tank removal is twenty-two dollars ($22.00). XVI. TENT PERMIT FEES: $30.00 XVII. ANNUAL PERMIT FEES: A. The fees to be charged for annual permits issued for a twelve (12) month period for minor repairs and additions to existing installations shall be as follows: Electrical $400.00 Plumbing $400.00 Carpentry $400.00 XVIII. PENALTY FEES: If work is commenced without a permit having been obtained, the permit fee shall be increased by seventy-five percent (75%) or two hundred fifty dollars ($250.00), whichever is greater. XIX. WAIVER OF BUILDING PERMIT FEES: Notwithstanding the fees set forth in Sections I, III, IV, V, VI, VII, IX, and X hereof, the City Council shall have the authority to waive in whole or in part any fees or deposit for any building permit for any governmental agency, or for any other party when such fee would present a substantial hardship. An applicant for such a hardship waiver must present his request in writing to the Planning & Development Committee outlining the degree of such hardship. Consideration may be given, among other reasons, to the extent to which the hardship was created by the Council action, and the financial state of the applicant. 325 of 493 For City Council meeting of February 23, 2015 Item A1 1 Ordinance 17-O-15: Commercial Refuse Receptacles For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Evonda Thomas-Smith, Director of Health and Human Services Department Carl Caneva, Assistant Director of Health and Human Services Department Subject: Ordinance 17-O-15: Regulating Commercial Refuse Receptacles Date: January 29, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 17-O-15: Amending City Code Section 8-4-6, “General Receptacle Requirements,” by Regulating Commercial Refuse Receptacles. This ordinance was introduced at the February 9, 2015 City Council meeting. Summary: City staff was directed to draft an ordinance to regulate commercial refuse receptacles. Staff reviewed and compared commercial refuse container requirements from similarly situated jurisdictions. Ordinance 17-O-15 proposes a comprehensive regulation for commercial refuse receptacles modeled after the City of Chicago’s requirements, while tailored for the best interest of the health, safety, and welfare of City of Evanston residents. • Ordinance 17-O-15 requires commercial waste receptacles to be “leak-resistant, rodent-resistant, lidded, constructed of impervious material and subject to the inspection of the City of Evanston Health and Human Services Department….” Section 8-4-6(F). • Failure to comply shall result in a seventy-five dollar fine per day. Section 8-4- 15(C). Similarly situated municipalities have commercial waste container requirements incorporated into the municipality’s code, along with an associated fine for noncompliance. The City of Chicago requires commercial refuse containers to be “leak- resistant, rodent-resistant, and lidded … constructed of impervious material and subject to the inspection of the department of health and the department of streets and Memorandum 326 of 493 sanitation.” City of Chicago Municipal Code 7-28-210(b). The City of Elk Grove requires metal or plastic suitable containers sold commercially for the specific purpose of garbage and refuse disposal. The City of Oak Park requires trash to be placed into a tightly covered trash container. Based on surrounding municipalities and the aforementioned research, City staff recommends the approval of Ordinance 17-O-15. Attachments: Ordinance 17-O-15 Page 2 of 2 327 of 493 1/29/2015 17-O-15 AN ORDINANCE Amending City Code Section 8-4-6, “General Receptacle Requirements,” By Regulating Commercial Refuse Receptacles NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 8-4-6 of the Evanston City Code of 2012, as amended (“City Code”), is hereby further amended to read as follows: 8-4-6. - GENERAL RECEPTACLE REQUIREMENTS. (A) Residential. Garbage containers used at residences with four (4) or less dwelling units shall be either the ninety five (95) gallon or sixty five (65) gallon roll-out carts provided by the City. Each additional roll-out refuse cart will require the payment of a monthly fee of two dollars fifty cents ($2.50). (B) Location. Refuse collection containers shall be located aboveground. No collection will be made from containers set into the ground unless such containers were being serviced by City provided municipal solid waste collection service or a private scavenger as of the effective date hereof. (C) City Provided Containers. 1. Refuse roll-out carts or dumpsters provided by the City will be imprinted with a serial number and stamped with the City seal to identify the roll-out carts. Ownership of the refuse carts shall remain with the City and unauthorized removal of said carts shall be a violation of this Chapter. 2. Roll-out carts specifically marked for yard wastes and purchased through the office of the Director of Public Works are acceptable containers and will be collected by City crews. These carts are the property of the purchaser. Yard waste roll-out carts are maintained and repaired by the City as a courtesy but residents are responsible for paying for any replacements that are needed. 3. The roll-out carts used for refuse will be maintained and repaired by the City. The City will replace the City issued roll-out cart for refuse free of charge when it determines that a replacement is needed. (D) Yard Waste. Kraft paper bags used for yard waste shall have a maximum capacity of thirty (30) gallons and weigh no more than fifty (50) pounds when 328 of 493 17-O-15 ~2~ filled. Branches shall not exceed four inches (4") in diameter and/or four feet (4') in length. Branch and trimming bundles shall not exceed three feet (3') in diameter. (E) Container Labeling. All municipal solid waste collection containers provided by private scavengers shall: 1. Display the name and address of the premises they serve in conspicuous lettering. Said lettering is to be maintained in a clean and legible condition. Containers shall be situated so that the required lettering is visible from the public way. 2. Be registered annually with the Director of Public Works or the City Manager or his/her designee(s) on the form provided by him/her and requiring the name, address, and telephone number of the owner and operator of the premises serviced by said containers, the number of containers, the capacity of each, their location, the name, address, and telephone number of the scavenger service, and the frequency of scavenger pick ups. The registrant shall update the information provided within ten (10) days of a change. 3. If located in the downtown zoning districts, shall be maintained with their lids shut and locked, except when depositing or removing waste. (F) Commercial Waste Receptacles. Commercial waste receptacles required by this Chapter shall be shall be leak-resistant, rodent-resistant, lidded, constructed of impervious material and subject to the inspection of the City of Evanston Health and Human Services Department. SECTION 2: Subsection 8-4-15 of the City Code, is hereby further amended to read as follows: 8-4-15. - PENALTY. (A) Any person who shall violate the provisions of this Chapter except Sections 8-4- 6(F), 8-4-7, 8-4-12, 8-4-13, and 8-4-14 of this Chapter, shall be punishable by a fine of not less than twenty five dollars ($25.00) nor more than five hundred dollars ($500.00). A separate offense shall be deemed committed for each day such violation occurs or continues. (B) Any person who shall violate Section 8-4-7 of this Chapter shall be punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00). A separate offense shall be deemed committed for the unauthorized collection of each receptacle containing recyclable materials. (C) Any person who shall violate Section 8-4-6(F) of this Chapter shall be punishable by a fine of seventy-five dollars ($75.00). Each day that a receptacle is found to be in violation shall constitute a separate and distinct offense. In addition, the owner of a commercial waste receptacle, if different from a solid waste collection 329 of 493 17-O-15 ~3~ service provider, shall be jointly and severally liable with the solid waste collection service provider for any violation of Section 8-4-6(F). SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance 17-O-15 is severable. SECTION 6: This Ordinance 17-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 330 of 493 For City Council meeting of February 23, 2015 Item A12 Ordinance 16-O-15: Amending C Liquor License – Sunday hours For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 16-O-15, Amending Subsection 3-4-6-(C) of the City Code to Allow the Sale of Alcoholic Liquor on Sundays at 11:00 a.m. Date: January 20, 2015 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 16-O-15. This ordinance was introduced at the February 9, 2015 City Council meeting. Summary: Ordinance 16-O-15 amends Evanston City Code of 2012 Subsection 3-4-6(C) to permit the retail sale of alcohol on any given Sunday beginning at 11:00 a.m. The City of Evanston’s (“City”) Class C liquor license allows for the sale of alcoholic liquor for consumption on premises while food is available for hotels or restaurants in the core area. Currently, Class C liquor license holders are permitted to sell alcohol on any given Sunday beginning at 12:00 noon. This Ordinance permits the sale of alcohol on any given Sunday beginning at 11:00 a.m. This Ordinance also incorporates language from the liquor code, detailing the permitted hours of alcohol service, into the specific Class C Liquor License provisions. The request comes from Jason Balla speaking on behalf of The Stained Glass. Legislative History: At the December 11, 2015 Liquor Control Review Board (“LLCB”) hearing, the Board met and reviewed the aforementioned business with Mr. Balla. The LLCB discussed the issues regarding amending the hours to allow for alcohol service on any given Sunday from beginning at 12:00 noon to 11:00 a.m. The Local Liquor Commissioner and LLCB members were all in favor of amending the C license classification to allow for an 11:00 a.m. start time to serve alcohol for on -site consumption. Ordinance 16-O- 15 reflects this amendment. Attachment: Ordinance 16-O-15 Minutes of the December 11, 2014 Liquor Control Review Board Meeting Memorandum 331 of 493 1/20/2015 16-O-15 AN ORDINANCE Amending Subsection 3-4-6-(C) of the City Code to Allow the Sale of Alcoholic Liquor on Sundays at 11:00 A.M. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by changing the hours of service for any given Sunday, to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding C licenses must have some food service available when alcoholic liquor is being sold. The meaning of “hotel,” “restaurant,” and “core area” shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually. Such election shall be made at the time of application. 1. The sale of alcoholic liquor shall not take place between the hours of 1:00 a.m. and 11:00 a.m., except that sales may be made up to 2:00 a.m. on Friday, Saturday, Sunday mornings and up to 2:00 a.m. on the mornings of January 1, Memorial Day, July 4, Labor Day and Thanksgiving; however, no such sales shall be made between 2:00 a.m. and 11:00 a.m. on Sunday. The annual single payment fee for initial issuance or renewal of such license shall be $4,300.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $4,515.00. No more than twenty-two (22) such licenses shall be in force at any one time. 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 332 of 493 16-O-15 ~2~ provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: _________________________, 2015 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 333 of 493 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. 334 of 493 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 335 of 493 For City Council meeting of February 23, 2015 Item A1 3 Ordinance 150-O-14: Liquor Control Code Regulations For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 150-O-14, Amending and Revising Portions of City Code Title 3, Chapter 4 “Liquor Control Regulations” Date: February 2, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 150-O-14. This ordinance was introduced at the February 9, 2015 City Council meeting. Summary: Periodic revisions to the Liquor Control Regulations are needed to update the liquor classes chart. This Ordinance makes minor changes to current Liquor Control Regulations to conform with any updates to the Illinois Liquor Control Act. Text amendments are proposed to use standard language across all licensing classes. ------------------------------------------------------------------------------------- Attachments: Ordinance 150-O-14 Memorandum 336 of 493 2/2/2014 150-O-14 AN ORDINANCE Amending and Revising Portions of City Code Title 3, Chapter 4 “Liquor Control Regulations” NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Section 3-4-1 of the Evanston City Code of 2012, as amended, is hereby further amended to include the following definition: ALCOHOL SERVER Any person who sells or serves open containers of alcoholic beverages at retail and anyone whose job description entails the checking of identification for the purchase of open containers of alcoholic beverages at retail or for entry into the licensed premises. This definition does not include (i) a distributor or importing distributor conducting product sampling or a registered tasting representative; (ii) a volunteer serving alcoholic beverages at a charitable function; or (iii) an instructor engaged in training or educating on the proper technique for using a system that dispenses alcoholic beverages. SECTION 2: Section 3-4-3(A) of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: (A) License Required. 1. It shall be unlawful to sell, manufacture, bottle, blend, possess on the premises, or offer for sale in the City any alcoholic liquor without having a liquor dealer's license, or in violation of the terms of such license. 2. Each license shall terminate one (1) year from the date of issuance; 3. Any licensee may renew his/her license at the expiration thereof, provided: a. that he/she is then qualified to receive a license; b. is a current State of Illinois liquor license holder; c. and the premises for which such renewal license is sought are suitable for such purpose; and d. if a corporation, furnishes proof satisfactory to the City that it is a corporation in good standing at the time of renewal. 337 of 493 150-O-14 ~2~ This renewal privilege shall not be construed as a vested right or will prevent the City Council from decreasing the number of licenses to be issued within its jurisdiction. SECTION 3: Section 3-4-4 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 3-4-4. – APPLICATION FOR LICENSES. Written applications for licenses shall be made to the local liquor control commissioner and signed by the applicant, or by a duly authorized agent thereof. All applications shall be verified by oath or affidavit and contain the following statements and information. (A) The name, age and address of the applicant in the case of an individual; in the case of a copartnership, the persons entitled to share in the profits thereof; and in the case of a corporation, the date of incorporation, the objects for which it was organized, a summary of its activities during the past year, and the names and addresses of the officers, directors, all persons owning directly or beneficially more than five percent (5%) of the stock of such corporation and the person operating as manager of the premises. (B) The citizenship of the applicant, the place of his/her birth, and if a naturalized citizen, the time and place of his/her naturalization. (C) The character of business of the applicant; and in the case of a corporation, the objects for which it was formed. (D) The length of time said applicant has been in business of that character, or in the case of a corporation, the date when its charter was issued. (E) The amount of goods, wares and merchandise on hand at the time application is made. (F) The location and description of the premises or place of business which is to be operated under such license. (G) A statement whether applicant has made application for a similar or other license on premises other than that described in the application, and the disposition of such application. (H) A statement that applicant is not disqualified to receive a license by reason of any matter or thing contained in this Chapter, laws of this state, or the ordinances of the City, and a statement as to whether applicant has ever been convicted of a felony. (I) A statement that applicant does not owe any debt or unpaid tax to the City of any kind. (J) Whether a previous license by any state or subdivision thereof, or by the federal government has been revoked or suspended, and the reasons thereof. (K)(J) A statement that the applicant understands and shall not violate any of the laws of the state of Illinois, or of the United States, or any ordinances of the City in the conduct of his/her place of business. This statement will also recite that all 338 of 493 150-O-14 ~3~ applicants acknowledge that they shall read this Chapter and that they agree and understand that they are bound by it. (L)(K) Before any license shall be issued on such application, the applicant shall furnish a bond with a corporate surety, such corporate surety to be a surety company regularly authorized to act as surety and to be approved by the local liquor control commissioner. Such bond shall provide against any violation by the principal, his/her agents or employees of any of the terms of this Chapter or any Chapter, rules and regulations now in force or which may hereafter be in force in the City affecting the operation of such business. The penalty of such bond shall be two thousand five hundred dollars ($2,500.00). In lieu of such corporate surety, such applicant may furnish a bond to the City with two (2) sureties who shall be residents of the City and each of whom shall be able to schedule real estate owned by him/her in the City of a market value of twice the penalty of such bond over and above any encumbrances, taxes, assessments, homestead rights and liens of any character. Such proposed surety shall file with the local liquor control commissioner a schedule setting forth the street address, as well as the legal description of the real estate owned by him; the names of all persons interested therein, whether or not the same is improved; if improved, the nature of the improvements thereon; whether or not the same is encumbered and if encumbered, the amount and nature of the encumbrance; whether or not the same is subject to homestead rights, listing any unpaid taxes except current taxes and unpaid special assessments, and any other liens, if any; the approximate estimated value of such property over and above encumbrances, and such other information as the local liquor control commissioner may request to aid him/her in determining the sufficiency of the bond. Such schedule shall be sworn to by the proposed surety. (M)(L) Before any liquor license shall be issued on such liquor license application and renewal, the applicant shall furnish a valid certificate of liquor liability (dram shop) insurance to the local liquor control commissioner. Such insurance policy shall cover the applicant, be issued by a responsible insurance company authorized and licensed to do business in the state of Illinois, and specifically name the City of Evanston as an additional insured in the aggregate amount of one million dollars ($1,000,000.00). The insurance policy required by this Subsection shall be in effect prior to the issuance of any liquor license and be for a term of at least twelve (12) months, and shall coincide with the period the liquor license is in effect. SECTION 4: Section 3-4-5 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 3-4-5. – RESTRICTIONS ON LICENSES. No such license shall be issued to:. 339 of 493 150-O-14 ~4~ (A) A person who is not a resident of the City; (B) A person who is not of good character and reputation in the community in which he/she resides; (C) A person who is not a citizen of the United States; (D) A person convicted of a felony under any federal or state law if the local liquor control commissioner determines, after investigation, that such person is not sufficiently rehabilitated to warrant the public trust; (E) A person convicted of being the keeper of or is keeping a house of ill fame; (F) A person convicted of pandering or other crime or misdemeanor opposed to public decency and morality; (G) A person whose license under this Chapter was revoked; (H) A person who, at the time of application for renewal of any license issued hereunder, would not be eligible for such license under a first application; (I) A copartnership, unless all of the members of such copartnership shall be qualified to obtain a license; (J) A corporation, if any officer, manager or director thereof, or any stockholder or stockholders owning directly or beneficially in the aggregate more than five percent (5%) of the stock of such corporation, would not be eligible to receive a license hereunder for any reason other than citizenship and residence within the political subdivision; (K) A corporation unless it is incorporated in Illinois and is in good standing with the Illinois Secretary of State; (L) , or unless it isIs a foreign corporation which is qualified under the Business Corporation Act, 805 ILCS 6-5/1.01 et seq., to transact business in Illinois; (M)(L) A person whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee; (N)(M) A person convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, or who shall have forfeited his/her bond to appear in court to answer charges for any such violation; (O)(N) A person who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is issued; (P)(O) Any elected public official; or an employee of the City or an appointee to any board or commission of the City, which employee or appointee is charged with the responsibility of administering or enforcing this Chapter; (Q)(P) Any applicant who shall fail to be eligible for and receive a license to sell alcoholic liquor from the state of Illinois, except where such applicant fails to be eligible due to the location requirements of the state; (R)(Q) A person who is not a beneficial owner of the business to be operated by the licensee; (S)(R) A person convicted of gambling pursuant to the Illinois Criminal Code, 720 ILCS 5/28-1, 28-3, as amended; (T)(S) A person who owes any debt or unpaid tax to the City; (U)(T) Any person to whom issuance of a liquor license is prohibited by the Illinois Liquor Control Act of 1934, as amended, 235 ILCS 5/1 et seq. 340 of 493 150-O-14 ~5~ SECTION 5: Section 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 3-4-6. - CLASSIFICATION AND LICENSE FEES. Licenses issued hereunder shall be divided into the classes provided for in this Section. Class Type Consume oOn sSite Consume oOff sSite Initial fFees Renew fFee Licenses Location lLimit Permitted hHours A Restaurant/ Beer and Wine Shop Liquor Beer, wW ine $5,000 $5,000 0 None 10 a.m.—9/10 p.m. (Mon- Thurs); 10 a.m. – 10 p.m. (Fri-Sat); 12 p.m.— 9 p.m. (Sun) B Movie tTheater Liquor None $5,000 $5,000 1 Core 11 a.m.— 1 a.m. C Hotel or rRestaurant Liquor None $4,300 $4,300 2322 Core 11 a.m.— 21 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri – Sat); 12 p.m. – 1 a.m. (Sun) C1 Hotel or Restaurant Liquor None $8,000 $8,000 56 Core 11 a.m.— 32 a.m. (Sun – Wed); 11 a.m. – 3 a.m. (Thurs-Sat) D Restaurant Liquor None $2,800 $2,800 4950 None 11 a.m.— 21 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) E Package sStore None Liquor $25,000 $4,100 2 None 8 a.m.— Midnight F Grocery None Liquor $35,000 $11,500 78 Store over 12,000 sq. ft. (product display) 8 a.m.— Midnight G Grocery None Beer/Wine $20,000 $4,100 1 Store over 12,000 sq. ft. (product display) 8 a.m.— Midnight H Restaurant Liquor None $2,800 $2,800 1 None 11 a.m.— 10 p.m. (Mon—Sat); 12 p.m.— 341 of 493 150-O-14 ~6~ Class Type Consume oOn sSite Consume oOff sSite Initial fFees Renew fFee Licenses Location lLimit Permitted hHours 10 p.m. (Sun) I Restaurant/ pPackage sStore Liquor Liquor $7,500 $7,500 1 None 8 a.m.— 2 a.m.12 p.m. – 10 p.m. (Sun-Thurs); 12 p.m. – 11 p.m. (Fri-Sat) J Brewpub Liquor Beer $7,500 $7,500 2 Core 10 a.m.— 10 p.m. (Mon—Thu); 10 a.m.— 11 p.m. (Fri—Sun)11 a.m. – 1 a.m. (Mon-Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. – 1 a.m. (Sun) K Wine, Beer, and Spirits Shop Beer and wine shop Tasting Wine, Beer, and Spiritswine $5,000 $5,000 3 Store under 5,000 sq. ft. 8 a.m.— Midnight L Grocery None Liquor $5,000 $5,000 1 Store between 5,000 and 7,000 sq. ft. (product display) 8 a.m.— Midnight M Wine Sale— Retail Delivery None Wine $5,000 $5,000 1 None 8 a.m.— Midnight N Beer- mMaking cClasses, eEtc. Beer Sampling Beer $1,500 $1,575 0 10 a.m.— 10 p.m. (Monday, Tuesday, Wednesday or –Thurs)day; 10 a.m.— 11 p.m. (Friday or – Sat)urday; 12 p.m.— 10 p.m. (Sun)day O Reserved Auto Service Station No Beer $2,000 $2,000 1 None 8 a.m. - midnight P Craft Distillery Sampling Liquor $1,800 $1,800 1 None 10 a.m.— 101 p.m. 342 of 493 150-O-14 ~7~ Class Type Consume oOn sSite Consume oOff sSite Initial fFees Renew fFee Licenses Location lLimit Permitted hHours (Mon-Thurs); 10 a.m. – 11 p.m. (Fri – Sat); 12:00 p.m. – 10 p.m. (Sun) P-1 Craft Brewery Beer Sampling Beer $1,800 $1,800 1 None 10 a.m.— 10/1112 p.m. (Mon-Thurs); 10 a.m. – 1 a.m. (Fri-Sat); 12 p.m. – 12 a.m. (Sun) P-2 Craft Brewery Beer Beer $4,000 $4,000 1 None 10 a.m.—12 p.m. (Mon– Thu); 10 a.m. – 1:00 a.m. (Fri-Sat); 12:00 p.m. – 12:00 a.m.(Sun) Q Retirement Facility Liquor None $1,800 $1,800 3 None 11 a.m.— 12 a.m. (2 a.m. on special holidays) R University Liquor None $4,300 $4,300 2 University aArea 11 a.m.— 1 a.m. (Mon- Thurs); 11 a.m. – 2 a.m. (Fri-Sat); 12 p.m. 1 a.m.(Sun) S Veterans Groups Liquor None $500 $500 1 None 119 a.m.— 12 a.m. S-1 Non-Profit Organization s Liquor None $500 $500 0 None 11 a.m.— 1 a.m. (Mon– Thu); 11 a.m. – 2 a.m. (Fri- Sat); 12 p.m. – 1 a.m. (Sun) T Catering Beer, Wine None $1,800 $1,800 2 None 10 a.m.—1/2 a.m. (Mon- Fri); 10 a.m. – 2 a.m. (Sat- Sun) U Theater Beer, Wine None $1,300 500 $1,300 500 01 Not in pPublic bBuildings 1 hour before performance and at intermission V Live Music Liquor None $8,000 $8,000 0 Core 4 p.m.—2/3 343 of 493 150-O-14 ~8~ Class Type Consume oOn sSite Consume oOff sSite Initial fFees Renew fFee Licenses Location lLimit Permitted hHours Venues a.m. (Mon- Thurs); 4 p.m. – 3 a.m. (Fri- Sun) X, Y Reserved Z1—Z4 One-dDay lLicenses Varies None Varies Varies 10 a.m.— 10:30 p.m. (Sun-Thurs); 10 a.m. -/ 2 a.m. (Fri- Sun) (A) CLASS A licenses, which shall authorize the retail sale of wine, refrigerated beer, and/or unrefrigerated beer, in original packages, for consumption off the premises that is incidental and complementary to the retail sale of bake at home pizzas, salads, fine cheeses, deli and gourmet food products, and related accessories. Each Class A license shall be issued subject to the following conditions: 1. Class A licenses shall authorize the retail sale only of wine, imported beer, and American craft beer, and of no other alcoholic liquors, for consumption off the premises. 2. Not more than twenty (20) percent of total gross square foot area of the licensed premises may be designated for the sale of wine, refrigerated beer, and/or unrefrigerated beer. No tobacco product of any kind shall be sold or offered for sale on the licensed premises. 3. Class A licensees must have at least one (1) BASSET-certified site Manager on-premises at all times. 4. The sale of wine, and/or beer shall be limited to the hours of 10:00 a.m. until 9:00 p.m. Monday through Thursday; 10:00 a.m. until 10:00 p.m. Friday through Saturday; 12:00 noon until 9:00 p.m. on Sunday. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be five thousand dollars ($5,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be five thousand one hundred sixty dollars ($5,160.00). No more than zero (0) such license(s) shall be in force at any one (1) time. 344 of 493 150-O-14 ~9~ (B) Class B licenses, which shall authorize the sale, as described herein, of alcoholic liquor, for consumption on the premises of a cinema, having a minimum seating capacity of eight hundred (800) and located in the Core District, while food service is available. Establishments holding cClass B licenses must have some food service available and at least one (1) BASSET-certified site manager on the premises when alcoholic liquor is being sold. Each cClass B license shall be subject to the following conditions: 1. Sale, Possession and Consumption: Sale of alcoholic liquor shall be restricted to the café and temporary bar area only. Possession and consumption of alcoholic liquor shall be permitted in the café area and in viewing auditoriums pursuant to Section 3-4-6(B)2. 2. Restrictions on Alcohol in Auditoriums: A cClass B licensee may permit patrons to exit the café and temporary bar area while possessing or consuming alcoholic liquor if the licensee first verifies that every such patron: a. Is at least twenty-one (21) years of age; b. Is wearing a wristband, issued by a BASSET-certified employee of the licensee, that indicates the patron is at least twenty-one (21) years of age; c. Has in his/her possession no more than one (1) alcoholic beverage served in an open plastic container of a different color, size and design than those in which non-alcoholic beverages are served; d. Is viewing a motion picture rated PG-13 or R by the Motion Picture Association of America, or attending a special event approved by the local liquor commissioner pursuant to Section 3-4-6(B)3. 3. Special Event: Upon approval by the local liquor commissioner of a request submitted by the licensee for a special event to be held at the arts cinema, the sale and consumption of alcoholic liquor on the premises during a special event shall be permitted pursuant to the terms of Section 3-4-6(B)2. 4. Special Event Waiver: For a special event, the restrictions of Section 3-4- 6(B)3 may be waived, in writing, by the local liquor commissioner if he/she finds that alternative procedures proposed by the licensee will prevent underage persons from being served alcoholic liquor. Such a waiver may be granted only after a review of the licensee's written proposal of alternate practices. The licensee shall submit any request for a waiver and the accompanying written proposal at the same time he/she seeks the local liquor commissioner's approval for a special event under Section 3-4- 6(B)3. If such a waiver is granted, it shall be effective only for the special event as described in the application and shall cease to have effect at the conclusion of said special event. 5. Hours: The sale of alcoholic liquor shall only take place from 11:00 a.m. to 1:00 a.m. Sunday through Saturday and while the licensed premises is 345 of 493 150-O-14 ~10~ open for the showing of motion pictures or a special event pursuant to Section 3-4-6(B)3. Under no circumstances shall alcoholic liquor be served more than one (1) hour prior to the advertised showing time of the first motion picture to be screened on any day, or any special event. 6. Restrictions: No licensee shall employ on its premises any person under the age of twenty-one (21) years to attend bar, or to pour, draw, or mix alcoholic liquor on said premises. 7. Liability: A licensee shall be liable for any alcohol consumption by any person younger than twenty-one (21) years of age on the licensed premises, regardless of whether the alcohol was purchased from the licensee. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be five thousand dollars ($5,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be five thousand two hundred fifty dollars ($5,250.00). No more than one (1) such licenseslicense(s) shall be in force at any one (1) time. (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding Class C licenses must have some food service available when alcoholic liquor is being sold. The meanings of "hotel," "restaurant," and "core area" shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be four thousand three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannua l payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be four thousand five hundred fifteen dollars ($4,515.00). No more than twenty-two (22) such licenseslicense(s) shall be in force at any one (1) time. 346 of 493 150-O-14 ~11~ (C-1) CLASS C-1 licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding cClass C-1 licenses must have some food service available when alcoholic liquor is being sold. The meanings of "hotel," "restaurant" and "core area" shall be as defined in Section 3-4-1 of this Chapter. 1. The sale of alcoholic liquor shall not take place between the hours of 2:00 a.m. and 11:00 a.m., except that sales may be made up to 3:00 a.m. on Friday, Saturday, Sunday mornings and up to 3:00 a.m. on the mornings of January 1, Memorial Day, July 4, Labor Day and Thanksgiving. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be eight thousand dollars ($8,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be eight thousand four hundred dollars ($8,400.00). No more than six (6) such licenseslicense(s) shall be in force at any one (1) time. (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-54-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding cClass D licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-54-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than fifty (50) such licenseslicense(s) shall be in force at any one (1) time. 347 of 493 150-O-14 ~12~ (E) CLASS E licenses, which shall authorize in the retail package store area the retail sale in package stores of alcoholic liquor in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for a class E license shall pay a first year license fee of twenty-five thousand dollars ($25,000.00). Thereafter, the annual fee for a class E license shall be four thousand one hundred dollars ($4,100.00). Each cClass E license shall be subject to the following conditions: 1. It shall be unlawful for a cClass E licensee to sell a single container of beer unless the volume of the container is equal to or greater than forty (40) fluid ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six (6) single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a cClass E licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. 3. It shall be unlawful for a cClass E licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (E)1 and (HE)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. 4. The sale of alcoholic liquor at retail pursuant to the cClass EH license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. The applicant for a Class E license shall pay a first year license fee of twenty-five thousand dollars ($25,000.00). Thereafter, the annual fee for a Class E license shall be four thousand one hundred dollars ($4,100.00). The total number of class E licenses in force at any two (2) time shall not exceed two (2). No more than two (2) such license(s) shall be in force at any one (1) time. (F) CLASS F licenses, which shall authorize the retail sale of alcoholic liquor in grocery stores, combination stores as defined in Section 3-4-1 of this Chapter, and wholesale clubs requiring membership in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. Class F licenses shall also authorize the tasting of alcoholic liquor not exceeding the limits set forth herein. The applicant for such license shall pay an initial fee of thirty-five thousand dollars ($35,000.00) and thereafter an annual fee of eleven thousand five hundred dollars ($11,500.00). 1. It shall be unlawful for a cClass F licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces 348 of 493 150-O-14 ~13~ or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a cClass F licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a cClass F licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (F)1 and (F)2 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail pursuant to the cClass F license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. No such license may be granted to an establishment that is located within five hundred (500) feet of a licensee holding a cClass F liquor license. 6. A cClass F licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. 7. Class F licenses shall permit the tasting of samples of the alcoholic liquor permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free tastings, each of which shall not exceed one (1) fluid ounce for wine, two (2) fluid ounces for beer and one- quarter (.25) fluid ounce for distilled alcohol, to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on- premises whenever offering alcoholic liquor for tastings. Licensees must provide food service when offering alcoholic liquor for tastings. The applicant for a Class F license shall pay a first year license fee of thirty-five thousand dollars ($35,000.00). Thereafter, the annual fee for a Class F license shall be eleven thousand five hundred dollars ($11,500.00). The total number of class F licenses in effect at any one (1) time shall not exceed eight (8).No more than eight (8) such license(s) shall be in force at any one (1) time. (G) CLASS G licenses, which shall authorize the retail sale of beer and wine in grocery stores and combination stores as defined in Section 3-4-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of twenty thousand dollars ($20,000.00) and thereafter an annual fee of four thousand one hundred dollars ($4,100.00). 349 of 493 150-O-14 ~14~ 1. It shall be unlawful for a cClass G licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this Subsection. Nothing in this Subsection shall be construed as prohibiting the sale of packages containing six (6) single containers of beer, including such packages consisting of various single containers of beer chosen by the consumer. 2. It shall be unlawful for a cClass G licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. 3. The sale of alcoholic liquor at retail pursuant to the cClass G license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 4. A cClass G licensee shall provide a minimum of twelve thousand (12,000) square feet of production, preparation, and display area in which products are prepared and are for sale. The applicant for a Class G license shall pay a first year license fee of thirty-five thousand dollars ($35,000.00). Thereafter, the annual fee for a Class G license shall be eleven thousand five hundred dollars ($11,500.00). The total number of class G licenses in effect at any one (1) time shall not exceed one (1). No more than one (1) such license(s) shall be in force at any one (1) time. (H) Class H licenses, which shall authorize the sale in restaurants of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant," as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding cClass H licenses only during the period when patrons are offered a complete meal. The sale of alcoholic liquor shall only take place from 11:00 a.m. to 10:00 p.m., Monday through Saturday and from 12:00 noon to 10:00 p.m. on Sunday. No alcoholic liquor may be consumed on the premises after 10:30 p.m., Sunday through Saturday. The applicants for the renewal of such licenses may elect to pay the amount herein required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be two thousand eight hundred dollars ($2,800.00). 350 of 493 150-O-14 ~15~ The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be two thousand nine hundred forty dollars ($2,940.00). No more than one (1) such licenseslicense(s) shall be in force at any one (1) time. (I) CLASS I licenses, which shall authorize the retail sale in a restaurant of alcoholic liquor for both consumption on the licensed premises where sold, and for consumption off the premises. No Class I license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Each Class I license shall be subject to the following conditions: 1. The Class I license requires the licensee to operate both the restaurant and retail sales area. The licensee shall not assign the privilege to operate the retail sales area. Class I licenses authorize retail sales of alcoholic liquor in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. 2. It shall be unlawful for a Class I licensee to sell a single container of wine in its original package unless the volume of the container is greater than or equal to 375 milliliters. 3. It shall be unlawful for a Class I licensee to sell a single container of beer in its original package unless the volume of the container is greater than or equal to ten (10) ounces or 295 milliliters. 4. It shall be unlawful for a Class I licensee to sell a single container of an alcoholic spirit in its original package unless the volume of the container is greater than or equal to 200 milliliters. 5. A Class I licensee shall sell alcoholic liquor in original packages for off-premises consumption at a cash register designated for the sale of such alcoholic liquor and which is operated by a person of at least twenty-one (21) years of age. 6. Alcoholic liquor may be sold in restaurants holding Class I licenses for consumption on the licensed premises only when their patrons are offered expanded food service during the hours set forth in this Section. An expanded food service shall consist of such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a wine, beer, or alcoholic spirit. 7. The sale of alcoholic liquor for both on premises consumption, and for consumption off the premises, shall begin after twelve (12:00) p.m. Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 10:00 p.m. on 351 of 493 150-O-14 ~16~ any Sunday through Thursday. Alcoholic liquor shall not be sold after the hour of 11:00 p.m. on any given Friday or Saturday. 8. Class I licenses shall permit the tasting of samples of beer, wine, and alcoholic spirits, permitted to be sold under this classification, on the licensed premises during authorized hours of business. No charge, cost, fee, or other consideration of any kind shall be levied for any such tasting. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one (1) fluid ounce for wine, two (2) fluid ounces for beer, and one-quarter (0.25) fluid ounce for alcoholic spirits, to any person in a day. Licensees must have at least one (1) BASSET-certified site Manager on-premises whenever offering wine, beer, or alcoholic spirits for tasting. Licensees must provide food service when offering wine, beer, and/or alcoholic spirits for tasting. 9. Class I license fees are as follows: The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be $7,500.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $7,875.00. No more than one (1) such license(s) shall be in force at any one (1) time. (J) CLASS J licenses, which shall authorize the retail sale of beer in combination brewpub restaurants, which beer is brewed by the licensee at any of its designated premises in a brew pub for consumption on or off the licensed premises and the sale of alcoholic liquor excluding beer for consumption on the premises where sold. Notwithstanding any of the foregoing, the on-premises consumption of beer and other alcoholic liquor is permitted only in the restaurant area. No cClass J license may be granted to, or retained by, an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant," as defined in Section 3-4-1 of this Chapter. Establishments holding cClass J licenses must have some food service available when alcoholic liquor, including beer brewed at any of the licensee's designated locations, is being sold. Class J licenses authorize retail sales of beer for off-premises consumption only in original packages to persons of at least twenty-one (21) years of age, cClass J licenses shall be issued only to premises located within the core area. 352 of 493 150-O-14 ~17~ Each cClass J license shall be subject to the following conditions: 1. It shall be unlawful for a cClass J licensee to sell a single container of beer for off-premises consumption unless the container is greater than or equal to forty (40) fluid ounces or 1.18 liters. 2. Beer purchased in original packages for consumption off the licensed premises shall not be consumed in the restaurant. All beer sold for consumption off the premises shall be placed in a paper or plastic bag prior to its delivery to the purchaser. 3. During authorized hours of business, cClass J licensees may offer for onsite consumption samples of beer brewed by the licensee and permitted to be sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two (2) fluid ounces, to any person in a day. Licensees may sell for onsite consumption samples of the beer permitted to be produced and sold pursuant to this classification, provided the total quantity of the sampling package, regardless of the number of containers in which the beer is being served, does not exceed sixteen (16) fluid ounces. 4. It shall be unlawful for the holder of a cClass J license to offer for sale at retail any beer in original packages for consumption off the premises where sold before the hour of 10:00 a.m., or after the hour of 10:00 p.m., on Monday through 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. 5. The combination brewpub restaurant must have a valid brew pub license from the State of Illinois for the brewing of beer. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual fee for such license shall be seven thousand five hundred dollars ($7,500.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable to the provisions of Section 3-4-7 of this Chapter, shall be seven thousand eight hundred seventy-five dollars ($7,875.00). No more than two (2) such licenseslicense(s) shall be in force at any one (1) time. (K) Class K licenses, which shall authorize the retail sale of alcoholic liquor, wine and beer to persons of at least twenty-one (21) years of age as set forth herein. 1. It shall be unlawful for a Class K licensee to sell a single sealed container of wine unless the container is greater than or equal to sixteen (16) fluid ounces or 0.473 liters. 353 of 493 150-O-14 ~18~ 2. The sale of alcoholic liquor at retail pursuant to the cClass K license may begin after 8:00 a.m. Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 3. Wine tasting shall be permitted during authorized hours of business. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one (1) fluid ounce, to any person in a day. Licensees may sell wine samples, but the volume of any wine sample sold shall not exceed six (6) fluid ounces and the total volume of all samples sold to a person in a day shall not [exceed] twelve (12) fluid ounces. Licensees shall not provide and/or sell more than a total of fifteen (15) fluid ounces of wine samples to any person in a day. Beer tasting of only the beers permitted to be sold under this classification for consumption off- premises shall be permitted during authorized hours of business. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two (2) fluid ounces, to any person in a day. Licensees may sell beer samples, but the volume of any beer sample sold shall not exceed twelve (12) fluid ounces and the total volume of all samples sold to a person in a day shall not exceed twenty-four (24) fluid ounces. Licensees shall not provide and/or sell more than a total of thirty (30) fluid ounces of beer samples to any person in a day. Licensees must have at least one (1) BASSET-certified site manager on-premises whenever offering wine and beer for tasting. Licensees must provide food service when offering wine and beer for tasting. 4. The licensed premises shall not exceed a gross area of five thousand (5,000) square feet total. 5. Not less than ten percent (10%) but not more than twenty percent (20%) of total gross square foot area of the licensed premises shall be designated for the sale of food. 6. Not more than ten percent (10%) of total gross square foot area of the licensed premises may be designated for the sale of beer. 7. Not more than two percent (2%) of total gross square foot area of the licensed premises may be designated for the sale of alcoholic liquor other than wine and beer. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be five thousand dollars ($5,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be five thousand one hundred sixty dollars ($5,160.00). No more than three (3) such licenseslicense(s) shall be in force at any one (1) time. 354 of 493 150-O-14 ~19~ (L) CLASS L licenses, which shall authorize the retail sale of alcoholic liquor in a grocery store in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. "Grocery store" is defined in Section 3-4-1 of this Chapter. The annual fee for such license shall be five thousand dollars ($5,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be five thousand two hundred fifty dollars ($5,250.00). 1. It shall be unlawful for a cClass L licensee to sell a single container of beer unless the volume of the container is equal to or greater than forty (40) fluid ounces or 1.18 liters. 2. It shall be unlawful for a cClass L licensee to sell a single container of wine unless the container is greater than or equal to sixteen (16) fluid ounces or 0.473 liters. 3. It shall be unlawful for a cClass L licensee to sell a single container of alcoholic liquor, except beer and wine which are regulated by Subsections (VL)1 and (VL)2 of this Section, unless the volume of the container is greater than sixteen (16) fluid ounces or 0.473 liters. 4. The sale of alcoholic liquor at retail pursuant to the cClass L license may begin after 8:00 a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of 12:00 midnight on any day. 5. A cClass L licensee shall provide a minimum of five thousand (5,000) square feet to a maximum of seven thousand five hundred (7,500) square feet of production, preparation, and display area in which products are prepared and are for sale. 6. The retail package area shall occupy no more than ten (10) percent of the total floor space (including office, bathroom and kitchen space). The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual fee for such license shall be five thousand dollars ($5,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be five thousand two hundred fifty dollars ($5,250.00). The total number of class L licenses in force at any one (1) time shall not exceed one (1). No more than one (1) such license(s) shall be in force at any one (1) time. 355 of 493 150-O-14 ~20~ (M) CLASS M licenses, which shall authorize the off premises sale, packaging of orders and delivery of original, factory sealed packages of wine for consumption. The applicant for such license shall pay an initial fee of five thousand dollars ($5,000.00) and thereafter an annual fee of five thousand one hundred sixty dollars ($5,160.00). 1. A licensee under this cClass M may deliver wine that is sold to retail customers in this state. All deliveries must be made only to a person which is at least 21 years of age. The deliveries must be made for personal use and not for resale purposes. A licensee may sell and deliver wine to a retail customer in the licensee's licensed premises. 2. It shall be unlawful for a cClass M licensee to sell or deliver wine from a premises that is mobile. It shall be unlawful for a cClass M licensee to sell a single container of wine unless the container is greater than or equal to sixteen (16) fluid ounces or 0.473 liters. 3. The sale of wine at retail pursuant to the cClass M license may begin after 8:00 a.m., Monday through Sunday. Wine shall not be sold after the hour of 12:00 midnight on any day. 4. Any deliveries of wine to a retail customer by the licensee or a carrier used by the licensee shall only be made after verifying by inspecting government issued photo identification that the recipient is at least twenty- one (21) years of age, obtaining the signature of the recipient of the wine upon delivery, and determining that the recipient is not visibly intoxicated at the time of delivery. If a licensee uses a carrier service for delivery, that licensee shall be liable for any violation of this subsection. The applicant for such license shall pay an initial fee of five thousand dollars ($5,000.00) and thereafter an annual fee of five thousand one hundred sixty dollars ($5,160.00). The total number of class M licenses in effect at any one (1) time shall not exceed one (1). No more than one (1) such license(s) shall be in force at any one (1) time. (N) CLASS N licenses, which shall authorize the retail sale of beer as part of brew-it- yourself beer-making classes, parties, events, demonstrations, and similar activities, all of which attended exclusively by persons at least twenty-one (21) years of age, offered to the retail purchasers for a fee, which retail sale may include: (1)1. Tastings of beer that has been brewed on the premises; (2)2. Storage on the premises of beer during its fermentation process; and (3)3. Delivery of finished beer to the purchaser for consumption off the premises. It shall be unlawful for the holder of a cClass N license to provide a sample of or sell any beer before the hour of 10:00 a.m. or after the hour of 10:00 p.m. on any Monday, 356 of 493 150-O-14 ~21~ Tuesday, Wednesday or Thursday; before the hour of 10:00 a.m. or after the hour of 11:00 p.m. on any Friday or Saturday; and before the hour of 12:00 p.m. and after the hour of 10:00 p.m. on any Sunday. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance and renewal of such license shall be one thousand five hundred dollars ($1,500.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be one thousand five hundred seventy-five dollars ($1,575.00). No more than zero (0) such licenseslicense(s) shall be in force at any one (1) time. (O) CLASS O licenses, which shall authorize the retail sale of beer in automobile service stations as defined in Section 3-4-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of $2,000.00 and thereafter an annual fee of $2,000.00. 1. It shall be unlawful for a Class O licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this subsection. 2. The retail sale of beer pursuant to the Class O license may begin after 8:00 a.m., Monday through Sunday. Beer shall not be sold after the hour of 12:00 midnight on any day. The retail sale of beer area on the premises shall occupy no more than five hundred (500’) square feet of floor space. 3. No sale of beer shall be allowed to any patron who is occupying a motor vehicle at the time of sale. 4. No sale of beer shall be allowed from a drive-in window or other similar opening in the licensed premises to any patron. The annual single payment fee for initial issuance or renewal of such license shall be two thousand dollars ($2,000.00). The total number of Class O licenses in effect at any one (1) time shall not exceed zero (0). No more than one (1) such license(s) shall be in force at any one (1) time. (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 357 of 493 150-O-14 ~22~ 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. Sales of alcohol 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 cClass 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 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 samples, but the volume of any sample sold shall not exceed one (1) fluid ounce and the total volume of all samples sold to a person in a day shall not exceed two and one-half (2.5) 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 offering samples of alcohol. Class P licensees must provide food service when offering samples of alcohol. 3. It shall be unlawful for the holder of a cClass P license to provide a sample of or sell any alcohol 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. Every cClass P licensee must have a valid craft distiller license from the State of Illinois. 5. Every employee of a cClass P licensee who participates in the production of alcohol, pursuant to this license class, must be BASSET-certified. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be 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 licenseslicense(s) shall be in force at any one (1) time. 358 of 493 150-O-14 ~23~ (P-1) CRAFT BREWERY license shall authorize the on-site production and storage of craft beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or 30,000 barrels) per year and the sale of such beer for consumption off-premises. It also authorizes on-site sampling consumption of such beer by persons of at least twenty-one (21) years of age. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-1 licensee to sell a container of beer for off-premises consumption unless the volume of the container is equal to or greater than thirty-two (32) ounces or 0.94 liters. 2. Class P-1 licensees may during authorized hours of business, offer for on- site consumption samples of beer permitted to be produced and sold pursuant to this classification. Licensees who limit activity to sampling only, as specified herein, shall provide limited food service such as cheese, crackers, snack food or other similar deli-style items to customers who are sampling craft beer. 3. Class P-1 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. All persons who sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class P-1 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to sampling for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Craft beer product samples for on-site consumption shall be dispensed only in containers provided by the licensee. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the craft beer offered for sampling. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two (2) fluid ounces, to any person in a day. 4. It shall be unlawful for the holder of a Class P-1 license to provide a sample of or sell any beer between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-1 licensee must have a valid Class 3 Brewer's License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of beer manufactured on the premises and the total gallonage of beer manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-1 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 359 of 493 150-O-14 ~24~ The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than one (1) such licenseslicense(s) shall be in force at any one (1) time. (P-2) CRAFT BREWERY license shall authorize the on-site production and storage of craft beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or 30,000 barrels) per year and the sale of such beer for consumption off-premises. It also authorizes on-site sampling and retail sale for consumption of such beer by persons of at least twenty-one (21) years of age. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-2 licensee to sell a container of beer for off-premises consumption unless the volume of the container is equal to or greater than twenty-two (22) ounces or .65 liters. 2. Class P-2 licensees may during authorized hours of business offer for onsite consumption samples of beer, or beer for retail sale, the beer permitted to be produced and sold pursuant to this classification. Licensees who offer servings of beer for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a craft beer serving(s). Licensees may arrange for the presence and operation of a mobile food vehicle on or adjacent to the licensed premises during authorized hours of business to serve food to customers. Only mobile food vehicle vendors licensed pursuant to Title 8, Chapter 23 of the City Code shall be allowed to be present and operate. Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. 3. Class P-2 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. All persons who sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class P-2 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to retail sale for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Craft beer for product sampling or retail sale for on-site consumption shall be sold and dispensed only in containers provided by the licensee. Craft beer servings for consumption on premises shall be dispensed in containers no larger than sixteen (16) ounces. Craft beer sold within the licensed premises for consumption on the premises shall 360 of 493 150-O-14 ~25~ not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the craft beer sold at retail or offered for sampling. 4. It shall be unlawful for the holder of a Class P-2 license to provide a sample of or sell any beer between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-2 licensee must have a valid Class 3 Brewer's License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of beer manufactured on the premises and the total gallonage of beer manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-2 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be four thousand dollars ($4,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be four thousand ninety dollars ($4,090.00). No more than one (1) such licenseslicense(s) shall be in force at any one (1) time. (Q) CLASS Q licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption upon the premises while food service is available. Such licenses shall be issued only to premises owned, operated and maintained by a "retirement community," "retirement home," or "retirement hotel," all as defined in Section 3-4-1 of this Chapter. Establishments holding cClass Q licenses must provide meals as part of the price of accommodations. Sales of alcoholic liquor by cClass Q licensees shall be to residents of the institution, invited guests and staff of the licensee only. The sale of alcoholic liquor shall only take place from 11:00 a.m. to 12:00 midnight Monday through Sunday, except that sales may be made up to 2:00 a.m. on the morning of January 1, Memorial Day, Labor Day, and Thanksgiving Day. The applicant for the renewal only of such license may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. 361 of 493 150-O-14 ~26~ 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 according 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 three (3) such licenseslicense(s) shall be in force at any one (1) time. (R) CLASS R licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption upon the premises while food service is available. Such licenses shall be issued only to premises owned, operated and maintained by not for profit educational institutions within the designated university areas. Establishments holding cClass R licenses must have some food service available when alcoholic liquor is being sold. Sales of alcoholic liquor by cClass R licensees shall be to students, faculty, alumni, invited guests and staff of the licensee only. The term "university area" shall be as defined in Section 3-4- 1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual fee for such license shall be four thousand three hundred dollars ($4,300.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be four thousand five hundred fifteen dollars ($4,515.00). No more than two (2) such licenseslicense(s) shall be in force at any one (1) time. (S) CLASS S licenses, which shall authorize the sale of alcoholic liquors for consumption only on the premises where sold and limited to members and their guests which may be issued only to nationally chartered veterans' organizations, maintaining permanent club quarters irrespective of the size of their memberships. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. It shall be unlawful for the holder of a Class S license to sell or permit to be sold or given away any alcoholic liquor between the hours of 2:00 a.m. and 9:00 a.m. All patrons and customers shall leave the premises not later than ten (10) minutes following the closing hours herein established. 362 of 493 150-O-14 ~27~ The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be five hundred dollars ($500.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be five hundred twenty-five ($525.00). No more than one (1) such licenseslicense(s) shall be in force at any one (1) time. (S-1) CLASS S-1 licenses, which shall authorize the sale of alcoholic liquors for consumption only on the premises where sold and limited to their guests, which may be issued only to locally chartered non-profit organizations that are based within the City of Evanston, irrespective of the size of their organization. The applicants for the renewal only of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance and renewal of such license shall be five hundred dollars ($500.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable according to the provisions of Section 3-4-7 of this Chapter, shall be five hundred twenty five dollars ($525.00) No more than zero (0) such licenseslicense(s) shall be in force at any one (1) time. (T) CLASS T licenses, which shall authorize the sale of beer and wine for consumption on the premises where served, only to invited guests at private, catered functions. Such licenses shall be issued only to businesses defined as catering establishments under Title 6 of this Code and having a current Evanston business license. Catering establishments holding Class T licenses must have food service available when beer and wine are being served. The service of beer and wine shall be by employees of the licensed catering business. Class T licensees shall serve beer or wine only to invited guests at catered functions. Such licenses shall be issued only for the premises owned, operated, or maintained by the licensed catering business or for the location in which the licensed catering business shall serve food, beer and wine. The service of beer and wine shall only take place from 10:00 a.m. to 1:00 a.m.; except, that service may be made up to 2:00 a.m. on Saturday and Sunday mornings. The sale of beer and wine shall be deemed to occur at the address of the catering establishment. 363 of 493 150-O-14 ~28~ The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than two (2) such licenseslicense(s) shall be in force at any one (1) time. (U) Class U licenses, which shall authorize the sale of beer and wine for consumption on the premises where served, limited to patrons of a theater presenting live stage performances during a period limited to one (1) hour prior to the start of the performance and during intermission(s); provided, that sales and consumption are restricted to lobby areas. The sale of beer and wine is prohibited in theaters located in public buildings. The applicant for the renewal only of such licenses may elect to pay the amount herein required semiannually or annually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be five hundred dollars ($500.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be five hundred twenty-five dollars ($525.00). No more than one (1) such licenseslicense(s) shall be in force at any one (1) time. The sale of beer and wine is prohibited in theaters located in public buildings. (V) Class V licenses, which shall authorize the sale of alcoholic liquor for consumption on the premises where sold, when such premises is operated for the primary purpose of presenting live musical performances, for compensation. Patrons may be served at tables or at a bar installed to accommodate such service. Such licenses may be issued only to establishments located in the core area. The meaning of "core area" and live musical performance shall be as defined in Section 3-4-1 of this Chapter. 1. The sale of alcoholic liquor shall not take place between the hours of 2:00 a.m. and 4:00 p.m., except that sales may be made up to 3:00 a.m., on 364 of 493 150-O-14 ~29~ Friday, Saturday, Sunday mornings and up to 3:00 a.m., on the mornings of January 1, Memorial Day, July 4, Labor Day, and Thanksgiving. 2. The sale of alcoholic liquor shall not take place more than two (2) hours before a live performance begins, nor more than two (2) hours after the end of a live performance. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be eight thousand dollars ($8,000.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be eight thousand four hundred ($8,400.00). The sale of alcoholic liquor shall not take place between the hours of 2:00 a.m. and 4:00 p.m., except that sales may be made up to 3:00 a.m., on Friday, Saturday, Sunday mornings and up to 3:00 a.m., on the mornings of January 1, Memorial Day, July 4, Labor Day, and Thanksgiving. The sale of alcoholic liquor shall not take place more than two (2) hours before a live performance begins, nor more than two (2) hours after the end of a live performance. No more than zero (0) such licenseslicense(s) shall be in force at any one (1) time. (X) Class X. Reserved. (Y) Class Y. Reserved. (Z-1) Special-one day licenses, which shall authorize the sale on the premises specified of beer and wine only for events conducted by an educational, business, fraternal, political, civic, religious, or not for profit organization. Such special one-day licenses shall be issued subject to the following conditions: 1. No more than twelve (12) special one-day licenses shall be issued to any sales address in any one (1) calendar year. 2. No applicant shall receive more than twelve (12) special one-day licenses within any one (1) calendar year. 3. Only Evanston entities may receive the special one-day license. "Evanston entities" are hereby defined to include individuals residing within the City, including businesses, educational, fraternal, political, civic, religious, and not for profit organizations with a permanent address located within the City. 4. The license shall authorize the consumption of beer and wine only. 365 of 493 150-O-14 ~30~ 5. The sale of beer and wine shall only take place from 10:00 a.m. to 10:30 p.m. (Sunday through Thursday), and from 10:00 a.m. to 2:00 a.m. (Friday through Sunday). 6. The license shall be issued to and valid only for the "sales premises" described on the application. 7. The application shall contain the following information: a. The name of applicant, address and telephone number. b. The "sales premises" for which the license is applicable, a description of the approximate area of the sales premises, whether or not it is indoors or outside, and whether the event will be held on public or private property. c. Whether or not the event is sponsored by a religious organization. d. The hours of operation of the event, the sale date, the name of the property owner, and a written statement of consent from the property owner (if other than the applicant). e. The person's name, telephone number and address who is responsible for conducting the event, and who will be on the premises during the actual event. f. A statement that: If I (we) am (are) granted this special liquor license, I (we) specifically recognize and agree that the Mayor may revoke this license at any time at the absolute discretion of the Mayor; and upon acceptance of this special liquor license, the holder specifically acknowledges the special privilege of obtaining this type of license and consents to all requirements, including the requirement of immediate forfeiture without reason. g. Signature of applicant. h. A statement that: No person under twenty-one (21) years of age will be allowed to purchase or sell packaged alcoholic liquor at licensed event. 8. A copy of a certificate of liquor liability insurance, naming the City as certificate holder for the period during which beer and wine will be sold. 9. The fee for a cClass Z-1 liquor license shall be one hundred fifty dollars ($150.00), and shall be deposited with the application. 10. No special Z-1 license shall be required for the following: a. Gratuitous service of beer and wine on streets, alleys, sidewalks, parkways, public parkways and within public buildings, by neighborhood organizations to which a block party permit has been issued by the City Manager. b. Sale of beer and wine in business districts at licensed special events by holders of current liquor licenses, at locations immediately adjacent to their regularly licensed premises. 11. No special Z-1 licenses shall be issued in the university districts for sales on property owned by Northwestern University without the written consent of Northwestern University. 366 of 493 150-O-14 ~31~ 12. Applications for Z-1 licenses shall be submitted to the local liquor control commissioner in accordance with the provisions of this Subsection Z1. The local liquor control commissioner shall have the authority to grant or refuse to grant any license. 13. No special Z-1 license shall be issued unless the owner/manager/staff of the establishment at which the event will be held has received BASSET training within the previous three (3) years and will be on-site for the duration of the event. Alternatively, the representative of the sponsoring entity organizing the event must have received BASSET training within the previous three (3) years and will be on-site for the duration of the event. (Z-2) Special one-day licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for events conducted by an educational, business, fraternal, political, civic, religious, or not-for-profit organization. Such Z- 2 licenses shall be issued subject to the following conditions: 1. No more than twelve (12) Z-2 licenses shall be issued to any sales address in any one (1) calendar year. 2. No applicant shall receive more than twelve (12) Z-2 licenses within any one (1) calendar year. 3. Only Evanston entities may receive the Z-2 license. "Evanston entities" are hereby defined to include individuals residing within the City, including businesses, educational, fraternal, political, civic, religious, and not-for- profit organizations with a permanent address located within the City. 4. The sale of alcoholic liquor shall only take place from 10:00 a.m. to 10:30 p.m., Sunday through Thursday, and from 10:00 a.m. to 2:00 a.m., Friday through Sunday. 5. The license shall be issued to and valid only for the "sales premises" described on the application. 6. The application shall contain the following information: a. The name of applicant, address and telephone number. b. The "sales premises" for which the license is applicable, a description of the approximate area of the sales premises, whether or not it is indoors or outside, and whether the event will be held on public or private property. c. Whether or not the event is sponsored by a religious organization. d. The hours of operation of the event, the sale date, the name of the property owner, and a written statement of consent from the property owner (if other than the applicant). e. The person's name, telephone number, and address who is responsible for conducting the event, and who will be on the premises during the actual event. f. A statement that: If I (we) am (are) granted this special liquor license, I (we) specifically recognize and agree that the Mayor may revoke this license at any time at the absolute discretion of the Mayor; and 367 of 493 150-O-14 ~32~ upon acceptance of this special liquor license, the holder specifically acknowledges the special privilege of obtaining this type of license and consents to all requirements, including the requirement of immediate forfeiture without reason. g. Signature of applicant. h. A statement that: No person under twenty-one (21) years of age will be allowed to purchase or sell alcoholic liquor at licensed event. 7. A copy of a certificate of liquor liability insurance, naming the City as certificate holder for the period during which liquor will be sold. 8. The fee for a Class Z-2 liquor license shall be one hundred fifty dollars ($150.00), and shall be deposited with the application. 9. No special one-day liquor license shall be required for the following: a. Gratuitous service of alcoholic liquor on streets, alleys, sidewalks, parkways, public parkways and within public buildings, by neighborhood organizations to which a block party permit has been issued by the City Manager. b. Sale of alcoholic liquor in business districts at licensed special events by holders of current liquor licenses, at locations immediately adjacent to their licensed premises. 10. No Z-2 liquor licenses shall be issued in the university districts for sales on property owned by Northwestern University without the written consent of Northwestern University. 11. Applications for Z-2 licenses shall be submitted to the local liquor control commissioner in accordance with the provisions of this Subsection Z-2. The local liquor control commissioner shall have the authority to grant or refuse to grant all special one-day licenses. Before issuing any Z-2 liquor license, the Liquor Control Commissioner shall notify the Alderman of the Ward wherein the "sales premises" described on the application is located. 12. No one-day liquor license shall be issued unless the owner/manager/staff of the establishment at which the event will be held has received BASSET training within the previous three (3) years and will be on-site for the duration of the event. Alternatively, the representative of the sponsoring entity organizing the event must have received BASSET training within the previous three (3) years and will be on-site for the duration of the event. (Z-3) CLASS Z-3 special one-day city owned building liquor licenses, which shall authorize the service of beer and wine only on the premises of the following facilities: Chandler-Newberger Center (1028 Central Street), Robert Crown Community Center/Ice Rink (1701 Main Street), Ecology Center (2024 McCormick Boulevard), Evanston Arts Center (2603 Sheridan Road), Noyes Cultural Arts Center (927 Noyes Avenue), Levy Senior Center (300 Dodge Avenue), the Fleet-wood-Jourdain Community Center (1655 Foster Avenue), and the Evanston Public Library (1703 Orrington Avenue). Such special one-day licenses shall be issued subject to the following conditions: 368 of 493 150-O-14 ~33~ 1. The license shall authorize the consumption of beer and wine only. 2. The service of beer and wine shall only take place from 10:00 a.m. to 10:30 p.m. (Sunday through Thursday) and from 10:00 a.m. to 12:00 midnight (Friday and Saturday), provided also that food is made available during those hours. 3. The license shall be issued to and valid only for the "service premises" described with particularity in the license. A license to use a particular "service premises" is not a license to use any other portion of the building. Chandler-Newberger Center, Robert Crown Community Center/Ice Rink, and Fleetwood-Jourdain Community Center shall be closed to the general public during the hours of service of beer and wine authorized by a cClass Z-3 liquor license. 4. The application, which shall be submitted no later than twenty-one (21) days prior to the date of the service date sought, shall contain the following information: a. The name of applicant, address and phone number. b. The "service premises" for which the license is applicable, a description of the approximate area of the service premises. c. The hours of operation of the event, the service date, the address, completion of a signed rental agreement, security deposit, and approval of the director of parks/forestry and recreation department or his/her designee. d. The name, telephone number and address of the person who is responsible for conducting the event, and who will be on the premises during the actual event. Such person(s) must be at least twenty-one (21) years of age. e. A statement that the applicant will provide security for the event, if and as required by the City. f. A statement that: If I (we) am (are) granted this special liquor license, I (we) specifically recognize and agree that the Mayor may revoke this license at any time at the absolute discretion of the Mayor; and upon acceptance of this special liquor license, the holder specifically acknowledges the special privilege of obtaining this type of license and consents to all requirements, including the requirement of immediate forfeiture without reason. g. Signature of applicant. 5. A copy of a certificate of liquor liability insurance, naming the City as additional insured in the amount of one million dollars ($1,000,000.00) for the period during which liquor will be sold. 6. The fee for a cClass Z-3 liquor license shall be seventy-five dollars ($75.00) for residents and two hundred sixty-five dollars ($265.00) for nonresidents, and shall be deposited with the application. 7. Applications for special one-day cClass Z-3 liquor licenses shall be submitted to the liquor control commissioner in accordance with the 369 of 493 150-O-14 ~34~ provisions of this Subsection Z-3. The liquor control commissioner shall have the authority to grant or refuse to grant all special one-day liquor licenses. 8. No more than one (1) such license shall be granted per any facility, per day. (Z-4) CLASS Z-4 special one-day city owned building liquor licenses, which shall authorize the service of alcoholic liquor only on the premises of the following facilities: Chandler-Newberger Center (1028 Central Street), Robert Crown Community Center/Ice Rink (1701 Main Street), Ecology Center (2024 McCormick Boulevard), Evanston Arts Center (2603 Sheridan Road), Noyes Cultural Arts Center (927 Noyes Avenue), Levy Senior Center (300 Dodge Avenue), the Fleet-wood-Jourdain Community Center (1655 Foster Avenue), and the Evanston Public Library (1703 Orrington Avenue). Such special one-day licenses shall be issued subject to the following conditions: 1. The license shall authorize the consumption of alcoholic liquor. 2. The service of alcoholic liquor shall only take place from 10:00 a.m. to 10:30 p.m. (Sunday through Thursday) and from 10:00 a.m. to 12:00 midnight (Friday and Saturday), provided also that food is made available during those hours. 3. The license shall be issued to and valid only for the "service premises" described with particularity in the license. A license to use a particular "service premises" is not a license to use any other portion of the building. Chandler-Newberger Center, Robert Crown Community Center/Ice Rink, and Fleetwood-Jourdain Community Center shall be closed to the general public during the hours of service of alcoholic liquor authorized by a cClass Z-4 liquor license. 4. The application, which shall be submitted no later than twenty-one (21) days prior to the date of the service date sought, shall contain the following information: a. The name of applicant, address and phone number. b. The "service premises" for which the license is applicable, a description of the approximate area of the service premises. c. The hours of operation of the event, the service date, the address, completion of a signed rental agreement, security deposit, a nd approval of the Director of Parks, Recreation & Community Services or his/her designee. d. The name, telephone number and address of the person who is responsible for conducting the event, and who will be on the premises during the actual event. Such person(s) must be at least twenty-one (21) years of age. e. A statement that the applicant will provide security for the event, if and as required by the City. f. A statement that: If I (we) am (are) granted this special liquor license, I (we) specifically recognize and agree that the Mayor may revoke this 370 of 493 150-O-14 ~35~ license at any time at the absolute discretion of the Mayor; and upon acceptance of this special liquor license, the holder specifically acknowledges the special privilege of obtaining this type of license and consents to all requirements, including the requirement of immediate forfeiture without reason. g. Signature of applicant. 5. A copy of a certificate of liquor liability insurance, naming the City as additional insured in the amount of one million dollars ($1,000,000.00) for the period during which liquor will be sold. 6. The fee for a cClass Z-4 liquor license shall be one hundred fifteen dollars ($115.00) for residents and three hundred forty dollars ($340.00) for nonresidents, and shall be deposited with the application. 7. Applications for special one-day cClass Z-4 liquor licenses shall be submitted to the liquor control commissioner in accordance with the provisions of this Subsection Z-4. The liquor control commissioner shall have the authority to grant or refuse to grant any Class Z-4 license. 8. No more than one (1) such license shall be granted per any facility, per day. SECTION 6: Section 3-4-8 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 3-4-8. - LICENSE CONDITIONS. (A) Transfer of License. A license shall be purely a personal privilege, good for only one (1) year after issuance unless it is revoked. A license shall not constitute property, nor shall it be subject to attachment, garnishment or execution, nor shall it be alienable or transferable, voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such license shall cease upon the death of the licensee and shall not descend by the laws of testate or intestate devolution; provided, that executors or administrators of the estate of any deceased licensee, and the trustee of any insolvent or bankrupt licensee, when such estate consists in part of alcoholic liquor under the order of the appropriate court, may exercise the privileges of the deceased or insolvent or bankrupt licensee after the death of such decedent, or such insolvency or bankruptcy, until the expiration of such license but not longer than six (6) months after the death, bankruptcy or insolvency of such licensee. A licensee who owes any unpaid debt or tax to the City shall first pay any debt or tax to the City prior to renewal of the license. (B) Change in Personnel. 1. Any changes in partnerships, officers, directors, persons holding directly or beneficially more than five percent (5%) of the stock or ownership interest, or managers of establishments licensed under this Chapter, shall be reported in writing to the local liquor control commissioner within ten (10) days of the change. All new personnel shall meet all the 371 of 493 150-O-14 ~36~ standards of this Chapter and must otherwise qualify to hold a liquor license. All such changes in personnel shall be subject to review by the local liquor control commissioner. 2. When a license has been issued to a partnership and a change of ownership occurs resulting in a partnership interest by one who is not eligible to hold a liquor license, said license shall terminate. 3. When a license has been issued to a corporation and a change takes place in officers, directors, shareholders of more than five (5) percent of the stock or managers resulting in the holding of office or such shares of stock by one (1) who is not eligible for a license, said license shall terminate. 4. When a license has been issued to an individual who is no longer eligible for a license, said license shall terminate. 5. When a licensee ceases to operate and closes its business premises, said license shall terminate. (C) Termination or Transfer of License. 1. When a license terminates as set forth in Subsections (A) and (B) of this Section, the maximum number of licenses in force for the respective license classification pursuant to Section 3-4-6 of this Chapter shall be reduced by one (1) for each license so terminated. 2. A transfer of license or a change in personnel as set forth in Subsections (A) and (B) of this Section shall be reported in writing to the liquor control commissioner within ten (10) days of the transfer or change. (D) Change of Location. A liquor license shall permit the sale of alcoholic liquor only on the premises described in the application and license. Such location may be changed only upon a written permission to make such change issued by the liquor control commissioner. No change of location shall be permitted unless the proposed new location is a proper one for the sale of alcoholic liquor under the laws of this state and the ordinances of the City. (E) Peddling. It shall be unlawful to peddle alcoholic liquor in the City. (F) Sales on Credit. No person shall sell or furnish alcoholic liquor at retail to any person on credit or in exchange for any goods, wares or merchandise, or in payment for any services rendered. This subsection shall not prohibit any hotel from permitting checks or statements for liquor to be signed by regular guests residing at said hotel and charged to the accounts of said guests. This subsection shall not prohibit payment by credit or debit card for the purchase of liquor in the original package or container for consumption off the premises. 372 of 493 150-O-14 ~37~ (G) Class C, C1 and Class D License Holders, Restrictions. Sale of alcoholic liquor on the licensed premises of class C, C1 and class D licensees shall be permitted only to those persons intending to purchase a meal for consumption on the premises. The holder of a class C, C1 or class D license shall not sell or give away alcoholic liquor to any person unless he/she has reasonable grounds to believe that the recipient of such alcoholic liquor intends to consume a meal on the premises. (H) Pro Rata License Fee Credit for Change in License Classification. If during the term of the current license, a licensee applies for a license of a class with a higher fee than their current license, any payments made for the original license will be applied to the new license. The term of the license will remain the sam e. SECTION 7: Section 3-4-9 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 3-4-9. - CLOSING HOURS. No person licensed hereunder as a seller of alcoholic liquor, unless otherwise stated in Section 3-4-6,, other than persons holding class I licenses shall sell or permit to be sold or given away any alcoholic liquor between the hours of 1:00 a.m. and 11:00 a.m., except that sales may be made up to two o'clock (2:00) a.m., on Saturday and Sunday mornings and on the morning of January 1, Memorial Day, Labor Day and Thanksgiving; however, no such sales shall be made between 2:00 a.m. and 12:00 noon on Sunday. No person licensed hereunder as a seller of alcoholic liquor with a class I license shall sell or permit to be sold or given away any alcoholic liquor between the hours of 2:00 a.m. and 9:00 a.m. All patrons and customers shall leave the premises not later than ten (10) minutes following the closing hours herein established. SECTION 8: Section 3-4-12 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: 3-4-12. - EMPLOYMENT OF MINORS. (A) No licensee or, representative, agent or employee of such licensee shall employ on its premises any person under the age of eighteen (18) years to attend bar, or to pour, draw, mix or serve alcoholic liquor on said premises. (B) No licensee of a cClass HE liquor license or any representative, agent or employee of such licensee engaging in the retail sale of packaged alcoholic liquor shall employ on its premises any person under the age of twenty-one (21) years to sell packaged alcoholic liquor. 373 of 493 150-O-14 ~38~ SECTION 9: Section 3-4-14(A) of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: (A) Violation; Hearing. The local liquor control commissioner may revoke or suspend any license issued by him/her if he/she determines the licensee has violated any of the provisions of this Chapter, or any applicable rules or regulations established by the local liquor control commissioner or the ILCC. A licensee who is determined to owe a debt or unpaid tax to the City after being licensed under this Chapter may have his/her license suspended or revoked. No liquor license shall be revoked or suspended except after a public hearing by the local liquor control commissioner with a fourteen (14)three (3) day written notice to the licensee affording the licensee an opportunity to appear and defend. All such hearings under this subsection shall be conducted pursuant to the rules of procedure adopted by the local liquor control commissioner on June 18, 2012, as amended. If the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, he/she may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the licensed premises closed for not more than seven (7) days. The licensee shall have an opportunity to be heard during that period. If a licensee is conducting another business or businesses on the licensed premises, such order shall not be applicable to such other business or businesses. Any licensee which has an order of suspension or revocation entered against it shall post the suspension/revocation order, in a form prescribed by the local liquor control commissioner, on all entrance(s) to the licensed premises. If a licensee removes, conceals, tampers, defaces, alters such order, or permits any other person to tamper, alter or deface such order, that licensee shall be fined two thousand dollars ($2,000.00). A licensee shall be held strictly liable for any removal, concealment, tampering, defacement, or alteration of such order. If a licensee appeals a suspension or revocation order to the ILCC, the licensee shall first request permission from the local liquor control commissioner to remove the suspension or revocation order from the entrance(s) to the licensed premises. SECTION 10: Section 3-4-17(A) of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: (A) Acts Of LicenseesEmployees. Every act or omission which violates any provision of this Chapter or the Illinois Liquor Control Act 235 ILCS 5/3-1 et seq., by any officer, director, manager, or other agent or employee of the licensee, shall be deemed to be the act of the licensee or employer. The licensee or employer shall be strictly liable in the same manner as if the act or omission has been done or omitted by the licensee personally. 374 of 493 150-O-14 ~39~ SECTION 11: Section 3-4-18 of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: (A) It shall be unlawful for any liquor licensee of any licensed establishment to sell, deliver, serve, prepare, pour, mix or draw alcoholic liquor for consumption on the premises, unless the owner(s), and all site manager(s), and all alcohol server(s) have successfully completed a state of Illinois liquor control commission certified beverage alcohol sellers and servers education and training (BASSET) program required by the local liquor control commissioner. All persons hired, performing, and working as a site manager must have a BASSET training certificate before a liquor license is issued. (B) All original and subsequent renewal applications for all liquor classes of Section 3-4-6 of this Chapter, excluding classes Z3 and Z4, shall be accompanied with proof of completion of a state certified beverage alcohol sellers and servers education and training (BASSET) training program for all owners, all alcohol servers, and all site managers supervising the selling, delivering, serving, preparing, pouring, mixing or drawing of alcoholic beverages. (C) At least one (1) BASSET certified owner or site manager shall be present on premises during times when alcoholic liquor is being served or sold. No alcoholic liquor shall be served or sold without such owner or site manager being present. All licensed premises which offer samples of alcoholic liquor under this Chapter shall ensure that all employees or servers providing such samples have completed the alcohol awareness training program in accordance with this Section. (D) Any person successfully completing the alcohol awareness training program shall keep on file with the licensee proof of current qualifications, the certificate of course completion and picture identification of participant. A certificate of training belongs to the server, and a server may transfer a certificate of training to a different employer, but shall not transfer a certificate of training to another server. Proof of completion shall be presented to the local liquor control commissioner or to any law enforcement officer upon request. (E) It shall be the responsibility of the owner(s) and/or site manager(s) who have successfully completed the alcohol awareness training program to ensure all alcohol servers obtained and completed training in basic responsible alcohol service as required in 235 ILCS 5/6-27.1, as amended.train and educate all employees of alcohol service and awareness. The owner(s) and site manager(s) shall ensure compliance with all applicable provisions of this Chapter by all employees of the licensed premises concerning the service and sale of alcoholic liquor. SECTION 12: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 375 of 493 150-O-14 ~40~ SECTION 13: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 14: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 15: 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 376 of 493 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, February 23, 2015 Planning & Development Committee will convene immediately after the conclusion of the preceding Administration & Public Works Committee meeting. 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 FEBRUARY 9, 2015 III. ITEMS FOR CONSIDERATION (P1) Resolution 21-R-15, Authorizing Submission of a Grant Application for Bike Parking Facilities through RTA’s Access to Transit Program at the Main Street Station Area Staff recommends adoption of Resolution 21-R-15 authorizing submission of a grant application through RTA’s Access to Transit Program with the Federal Congestion Mitigation and Air Quality Improvement Program for funding of bike parking facilities at Main Street Metra and CTA stations. The total project cost and City’s total grant amount sought is $70,000. There would be no local match requirement. For Action (P2) Ordinance 27-O-15, Granting a Special Use for a Commercial Indoor Recreation for Foster Dance Studio at 915 Foster Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 27-O-15 granting a special use permit for a Commercial Indoor Recreation facility for Foster Dance Studio at 915 Foster Street 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 377 of 493 Planning & Development Committee Meeting Agenda Page 2 of 2 February 23, 2014 (P3) Ordinance 28-O-15, Granting a Special Use for a Type 2 Restaurant, Frio Gelato, at 517 Dempster Street The Zoning Board of Appeals and City staff recommend adoption of Ordinance 28- O-15 granting a special use permit for a Type 2 Restaurant, Frio Gelato, 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 IV. ITEM FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 378 of 493 Planning & Development Committee Meeting Minutes of February 9, 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: S. Flax, M. Masoncup, J. Maiworm, J. McRae, M. Muenzer, B. Newman PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 7:50 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF JANUARY 26 , 2015 Ald. Wynne moved to approve the minutes of the January 26, 2015 meeting, seconded by Ald. Wilson. The Committee voted unanimously 7-0 to approve the January 26, 2015 minutes. III. ITEMS FOR CONSIDERATION (P1) Approval of 2015 Open Communities Landlord Tenant Program The Housing and Homelessness Commission and staff recommend approval of a $35,000 renewal grant to Open Communities to continue the Evanston Landlord Tenant Program through December 31, 2015. Funding is provided by the City’s Affordable Housing Fund, Account 250.21.5465.62490 For Action Ald. Rainey moved to recommend approval, seconded by Ald. Grover. The Committee voted unanimously 7-0 to recommend approval of the 2015 Open Communities Landlord Tenant Program. (P2) Ordinance 18-O-15, Granting a Special Use for a Wholesale Goods Establishment for Few Spirits at 2308 Main Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 18-O-15 granting a special use permit for a Wholesale Goods Establishment for Few Spirits in the C1 Commercial 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 18-O-15, seconded by Ald. Tendam. The Committee voted unanimously 7-0 to introduce Ordinance 18-O-15. DRAFT – NOT APPROVED 379 of 493 Planning & Development Committee Meeting Page 2 of 2 Minutes of February 9, 2015 (P3) Resolution 15-R-15 designating 1823 Church Street, Evanston, Illinois, the “Morrison Cultural Center” Staff recommends approval of Resolution 15-R-15, which would designate the property located at 1823 Church Street (formerly known as the BooCoo Cultural Center) the “Morrison Cultural Center” named for Dr. William H. “Doc” Morrison For Action Joe McRae, Deputy City Manager and Director of Parks, Recreation, and Community Services, explained: • Ald. Holmes and staff recommend approval of Resolution 15-R-15 • The 5,000 sq. ft. property was purchased by the City in January of 2015 • The Public Works Dept. is making repairs to the building under the direction of James Maiworm, Assistant Director of Operations and Maintenance • The City plans to use it as a cultural center featuring: o Music studio o Kitchen/restaurant o Dance classes o Middle-school dances o Community meetings o Potentially rentable space o Partnerships with the library, Shorefront, the McGaw YMCA, School Districts 202 and 65 o A local vendor for the kitchen through an RFP • A grand re-opening is planned for June of 2015 Ald. Rainey said the name is a fabulous idea but it would be better to have a grocer or retailer in the space than to duplicate a cultural center with one of the best high schools in the country across the street and the Fleetwood Jourdain Center and the library in the community. Ald. Rainey moved to recommend approval of Resolution 15-R-15, seconded by Ald. Tendam. The Committee voted unanimously 7 -0 to recommend approval of Resolution 15-R-15. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Wynne moved to adjourn, seconded by Ald. Wilson. The Committee voted unanimously 7-0 to adjourn. The meeting was adjourned at 8:05 p.m. Respectfully submitted, Bobbie Newman 380 of 493 For City Council meeting of February 23, 2015 Item P1 Resolution 21-R-15: Grant Application for Bike Parking Facilities at Main Street For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Department Lorrie Pearson, Planning and Zoning Administrator Damir Latinovic, Neighborhood and Land Use Planner Subject: Resolution 21-R-15 Grant Application for Bike Parking Facilities through RTA’s Access to Transit Program - Main Street Station Area Date: February 9, 2015 Recommended Action: Staff recommends adoption of Resolution 21-R-15 to authorize submission of a grant application through RTA’s Access to Transit Program with the Federal Congestion Mitigation and Air Quality Improvement Program for funding of bike parking facilities at Main Street Metra and CTA stations. Summary The Regional Transportation Authority (RTA) is submitting an application for funding several shovel-ready transit enhancing projects with the Federal Congestion Mitigation and Air Quality Improvement Program. The RTA is combining projects from several eligible municipalities into one grant application to increase the likelihood of grant approval. The City of Evanston is preparing an application for purchase and installation of 40 bike racks in three locations surrounding the Main Street Metra and CTA stations. The City is eligible for the program because of the Main Street Station Transit Oriented Study adopted in June of 2014. The Study, completed in cooperation with the RTA, identified the need for additional bike parking facilities around the station area. The recommendation for bike parking qualifies under the Access to Transit grant program. The total project cost and City’s total grant amount sought is $70,000. There would be no local match requirement. Attachments Resolution 21-R-15 Project Map Memorandum 381 of 493 2/4/2015 21-R-15 A RESOLUTION Authorizing the Submission of a Grant Application for funding with the Federal Congestion Mitigation and Air Quality Improvement Program to Support Access to Transit Initiatives WHEREAS, the United States Department of Transportation (“U.S. DOT”) provides flexible funding source to State and local governments for transportation projects and programs to help meet the requirements of the Clean Air Act, U.S.C. Title 42, Chapter 85A et seq.; and WHEREAS, the U.S. DOT created the Congestion Mitigation and Air Quality Improvement Program (“CMAQ”) to provide funding to further two important goals of the Department of Transportation: improving air quality and relieving congestion; and WHEREAS, the City seeks to apply for funding through the CMAQ program to support its initiatives to increase access to alternative modes of transportation with the purchase and installation of 40 new bike racks on three concrete pads in the vicinity of Main Street CTA and Metra stations (the “Project”); and WHEREAS, the Regional Transit Authority (“RTA”) will be compiling grant applications from several local governments for submission to the U.S. DOT for CMAQ funding and no local match is required for this grant application; and WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston to submit an application for CMAQ grant funds; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 382 of 493 21-R-15 SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council authorizes the submission of the Access to Transit Improvement Program Application with the RTA for CMAQ funding; the application is attached hereto and incorporated by reference as Exhibit 1. SECTION 3: The City Manager is hereby authorized and directed to execute and deliver any additional documents necessary to complete the City of Evanston’s Access to Transit Improvement Program Grant Application as he may determine to be in the best interests of the City. SECTION 5: This Resolution 21-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 383 of 493 21-R-15 EXHIBIT 1 ACCESS TO TRANSIT IMPROVEMENT PROGRAM GRANT APPLICATION 384 of 493 Access to Transit Improvement Program Application 1. Name of the Community: City of Evanston 2. Contact Information: Damir Latinovic Neighborhood and Land Use Planner, City of Evanston Address: 2100 Ridge Avenue, Evanston, IL 60201 Email: dlatinovic@cityofevanston.org Phone: (847) 448-8675 3. Community Planning Study: Main St. Station TOD Plan & Study (Proposed Plan Attached Exhibit A); Adopted June 9, 2014 4. Project Description: Bike Parking Facilities Installation The City of Evanston is applying for a grant to purchase and install a total of 40 bike parking facilities on 2-3 new concrete pads around the Metra and CTA Main St. Stations. (Concept Map attached Exhibit B) The Main St. Station Study identified significant lack of adequate number of bike parking facilities, improper location of existing bike parking facilities, improper type (hoop-racks) and inefficient matter in which existing bike racks are installed (parallel to sidewalk rather than perpendicular) in the vicinity of the stations. The Study recommends additional protected and unprotected bike parking facilities be installed within the Saint Paul Park area and near the Metra Station entrances. 5. Project Cost: $70,000 6. Goal of the Project The installation of the proposed bike parking facilities will improve access to the Metra and CTA Main Street stations, CTA #205 and Northwestern University Intercampus Shuttle bus routes. The Main St. Station is one of only three stations in Chicagoland area with connection between a Metra stop and a CTA stop. There are also 3,166 households, 5614 residents and approximately 3,000 commuters who travel outside the area for work within a 1/3 mile of the stations. The goal is to make access to rapid transit more convenient for area residents and commuters with additional protected and unprotected bike parking facilities. 7. Phase I Engineering: Not Required 8. Statement of Community Buy-In: The City of Evanston’s goal is to become the most livable city in America. Use of alternative modes of transportation is probably the biggest part of that. In July of 2014, the City adopted an update to its 2002 Bike Plan and is well underway to install additional bike only lanes (Comfortable Corridors) and additional bike parking facilities throughout the City. The City was recently awarded a grant to expand the Divvy bike-share program to Evanston. The City’s Planning and Zoning Division is also in the process of overhauling the parking requirements near Transit Stations. The proposed bike parking facilities near the Main St. Station area will improve the access to the transit stations and business and commercial districts along Chicago Avenue and Main Street in addition to complementing City’s other efforts to encourage alternative transportation use and its mission to become the most livable city in America. 385 of 493 EXHIBIT AMAIN STREET STATION PROPOSED PLANPlaza and access between stationsStair and Plaza AreaSt. Paul ParkImprovementsAccess through the embankment Auxiliary StairsNear Side Bus StopNew StairCuster Street narrowing386 of 493 EXISTING CONDITIONSMAIN STREET STATION AREAEXISTING CONDITIONSMAIN STREET STATION AREAService DriveMetra  Vendor and ADA ParkingSt. Paul ParkMetraStationCTA StationUP 3rdTrack  Not in  useADA RampElevator387 of 493 EXHIBIT BCONCEPT MAPEXHIBIT BCONCEPT MAPProposed Protected Bike Corral under overpassProposed Consolidated Bike Corral Proposed Consolidated Bike Corral 388 of 493 EXHIBIT CEXISTING PHOTOSEXHIBIT CEXISTING PHOTOS389 of 493 EXHIBIT CEXISTING PHOTOS – PROPOSED CORRALSEXHIBIT CEXISTING PHOTOS – PROPOSED CORRALSProposed Unprotected ConsolidatedBike Corral LocationsProposed Protected Corral Locationunder the overpass to occupy one on‐street parking space390 of 493 For City Council meeting of February 23, 2015 Item P2 Ordinance 27-O-15: Special Use for Commercial Indoor Recreation for Foster Dance Studio at 915 Foster Street 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 Subject: Ordinance 27-O-15, Granting a Special Use for a Commercial Indoor Recreation for Foster Dance Studio at 915 Foster Street Date: February 4, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 27- O-15 granting a special use permit for a Commercial Indoor Recreation facility for Foster Dance Studio 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 915 Foster Street is located on the north side of Foster Street, between Maple and Sherman Avenues in the B1 Business District. The property is surrounded by similar commercial uses, residential homes, and a university parking lot. Foster Dance Studio is an existing business located at 915 Foster Street that was established in 2011. The applicant proposes to expand the use into the adjacent vacant two-story space to accommodate growing studio needs. The additional space will feature a new ground-floor studio and second floor office and storage. The new studio will better accommodate current classes and allow for more sophisticated choreography. Enrollment is expected to increase by a maximum of 10% and the applicant does not anticipate hiring additional employees. Memorandum 391 of 493 Foster Dance Studio will continue to operate during their established hours of Monday through Friday from 9:30 a.m. to 9:30 p.m., and Saturday through Sunday from 9 a.m. to 5:30 p.m. The bulk of weekday classes occur during the evening hours. Classes are staggered in order to lessen traffic congestion on Foster Street. Many students are dropped off in front of the studio. However, five spaces are available in the rear lot and parking in the University lot across the street is available for public use after 4 p.m. Public transit and street parking are also available. City staff is not aware of any objections to the proposed expansion and new special use permit, and has not received any zoning complaints related to the existing facility. Neighborhood Benefit The neighborhood will benefit from having a locally-owned and operated business expand into a long-time vacant space in an existing business district. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of existing spaces along existing commercial corridors that 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. Foster Dance Studio will expand into an adjacent vacant space and continue to promote the vibrancy of the neighborhood business district. Legislative History January 27, 2015: The ZBA recommended unanimous approval of the special use permit for Commercial Indoor Recreation with the following conditions: 1) The project must be in substantial compliance with the documents and testimony on record. 2) Hours of operation are not to exceed 6 a.m.-10 p.m., 7 days a week 3) Employees must utilize off-street parking to the best of their ability. 392 of 493 Attachments Proposed Ordinance 27-O-15 January 27, 2015 ZBA Meeting Minutes ZBA Findings January 27, 2015 ZBA Packet – http://www.cityofevanston.org/assets/ZBA%20Packet%2001.27.15%20final.pdf 393 of 493 2/11/2015 27-O-15 AN ORDINANCE Granting a Special Use Permit for a Commercial Indoor Recreational Facility Located at 915 Foster Street in the B1 Business District (“Foster Dance Studio”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on January 27, 2015, pursuant to proper notice, to consider case no. 14ZMJV-0157, an application filed by Kathryn Ebert, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 915 Foster Street (the “Subject Property”) and located in the B1 Business District, for a Special Use Permit to establish, pursuant to Subsection 6-11-3-4 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Commercial Indoor Recreational Facility, “Foster Dance Studio,” 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 Commercial Indoor Recreational Facility 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 February 23, 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-0157; and 394 of 493 27-O-15 ~2~ WHEREAS, at its meetings of February 23, 2015 and March 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 Commercial Indoor Recreational Facility on the Subject Property as applied for in case no. 14ZMJV-0138. 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. Hours of Operation: The Applicant shall operate the Commercial Indoor Recreational Facility authorized by this ordinance only between the hours of 6:00 a.m. and 10:00 p.m. on any given day. C. Employee Parking: Employees shall to the best of their ability not park on the street during hours of operation. D. 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. 395 of 493 27-O-15 ~3~ 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. 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 493 27-O-15 ~4~ EXHIBIT A LEGAL DESCRIPTION LOT 15, THE EAST 12 FEET OF LOT 16, THE W EST 34 FEET OF LOT 16 EXCEPT THE NORTH 36 FEET THEREOF AND THE EAST 6 FEET OF LOT 17 EXCEPT THE NORTH 36 FEET THEREOF, IN BLOCK 2 IN W HEELER & OTHERS SUBDIVISION OF THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING W EST OF SHERMAN AVENUE, IN COOK COUNTY, ILLINOIS. PINs: 11-18-104-016-0000 11-18-104-017-0000 COMMONLY KNOWN AS: 915 Foster Street, Evanston, Illinois. 397 of 493 Page 1 of 5 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, January 27, 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 January 6, 2015 Zoning Board of Appeals meeting were motioned for approval. Ms. Arevalo made the motion and it was seconded by Ms. McLennan. The motion was approved 7-0, with 2 corrections. New Business 1111 Noyes Street ZBA 14ZMJV-0153 Andrew Venamore, zoning specialist, applies for major zoning relief to construct a 1.5-car detached garage. The applicant requests 32.8% building lot coverage where a maximum 30% is allowed (Zoning Code Section 6-8-2-7), a .5’ east interior side yard setback where 3’ is required (Zoning Code Section 6-8-2-8-C-4), and a 1’ west interior side yard setback where 3’ is required (Zoning Code Section 6-8-2-8-C-4). The Zoning Board of Appeals is the determining body for this case. . Ms. Klotz read the case into the record. Andrew Venamore, architect, explained the proposal: • Want to replace parking pad with 1.5-car garage for 1 car and storage • Small and oddly shaped lot (narrows) • Small house (has little storage) • Existing concrete retaining wall due to grade change • Submitted Exhibit A – 4 photos • Concrete wall and grade change make it difficult to increase garage setbacks • Will construct retaining wall along east property line to preserve neighbor’s fence and grade change Chair Rodgers asked whether the siding will match the house: Yes Ms. Berns asked whether the patio was included in the impervious surface calculation and the applicant responded yes. Ms. Berns noted the building permit plan needs to show the 19’ dimension of the garage. At Mr. Gingold’s inquiry about drainage, Mr. Venamore said the gable roof is to drain north and south- onto the retaining wall on the south side and gravel on the north side to prevent ground erosion. 398 of 493 Page 2 of 5 Zoning Board of Appeals Ms. Berns asked how a new retaining wall will fit in the .5’ east setback, and Mr. Venamore explained the new retaining wall will either be 4” of concrete or railroad ties. Mr. Venamore said stairs will be added at the southeast corner of the garage where the retaining wall ends for access to the small area along the east property line, for maintenance purposes of both the property owner and the adjacent property owner who has a fence abutting the property line. The ZBA entered into deliberations: Chair Rodgers noted the lot is small and an odd shape. Since the lot narrows at the rear, it is not possible to comply with the required setbacks. The proposed garage is the minimum change is necessary to achieve a usable garage. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned for approval of the proposal. The motion was seconded by Mr. Gallimore and approved 7-0 with the condition that the garage is constructed within substantial compliance of the documents and testimony on record. 2409 Crawford Avenue ZBA 14ZMJV-0158 Rozma Bokari, property owner, applies for major zoning relief to construct a 1-car attached carport. The applicant requests a 2’ south interior side yard setback where 5’ is required (Zoning Code Section 6-8-3-7-A-3). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. Rozma Bokari, property owner, explained the proposal: • No new concrete on driveway; the carport will cover the existing parking space within the driveway • Putting a garage at rear of property is too far away for homeowner needs, and there is already a parking space right next to the house where the carport is proposed. Ms. Berns said she thinks there is a viable location at the rear of the property and the hardship is specific to the property owner, not the property. At Mr. Gingold’s inquiry about the roof and draining, Ms. Bokari said the carport roof will slope towards the south property line like the house does, but will follow a gutter to a downspout towards the rear of the property. Ms. Berns said the downspout can extend towards the northeast to stay away from neighboring property. The ZBA entered into deliberations. Chair Rodgers said he is concerned over the request being due to the owner, not the property, but since the curb cut and driveway are existing, it is the minimum change necessary as 399 of 493 Page 3 of 5 Zoning Board of Appeals opposed to constructing a new garage and driveway at the rear of the property and tearing out the existing driveway and curb cut. Ms. McLennan agreed the plan proposed is the minimum change necessary, as opposed to a new garage at rear. Ms. Berns disagreed, because a rear garage would be entirely compliant, and noted the ZBA does not consider finances for a project to be a hardship. The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes – Rodgers, Cullen, McLennan, Gallimore, Arevalo No – Berns, Gingold 4. Yes 5. Yes 6. Yes 7. Yes – Rodgers, Cullen, McLennan, Gallimore, Arevalo, Gingold No – Berns 8. Yes Ms. McLennan motioned for approval with the following conditions: 1. The downspout be extended a minimum of 5’ away from the adjacent property line 2. The carport can never be enclosed into habitable space 3. The project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Arevalo and approved 5-2 with Ms. Berns and Mr. Gingold opposing. 915 Foster Street ZBA 14ZMJV-0157 Kathryn Ebert, lessee, applies for a special use permit for a Commercial Indoor Recreation facility, Foster Dance Studio, at 915 Foster Street. The applicant proposes to expand the existing use into the adjacent vacant space. 915 Foster Street is located in the B1 Business District, which requires a special use permit for a Commercial Indoor Recreation facility 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. Kathryn Ebert, lessee, and Healy Rice, architect, explained the proposal: • Propose to expand into vacant space behind studio they’ve occupied for over 3 years • Currently they have two studios and need a third • Space will be for more spread out choreography • Space will serve adults and children • No change in hours proposed • Maximum increase of 10% in students anticipated • No exterior changes proposed to the building Chair Rodgers asked if a waiting room, studio and office space will be added in the rear: Yes Ms. Berns asked and the applicant responded: Will there be performances there? Nothing for which they are selling tickets. Parking? 2 current spaces, will be able to use 2 more in the rear parking lot that is shared with Domino’s Pizza; don’t really need more; the lot across the street is free after 4 p.m. during the dance studio’s busiest time. Also, many students carpool, walk or take public transportation. 400 of 493 Page 4 of 5 Zoning Board of Appeals Ms. Klotz said there are no known zoning complaints. Chair Rodgers asked if staff is aware whether businesses are permitted to use the Northwestern University parking lot, and Ms. Pearson said staff has not reached out to NU but many recent applicants have. 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. 6am – 10 pm hours of operation 2. Substantial compliance with the documents and testimony on record 3. Employees utilize off-street parking to the best of their ability The motion was seconded by Ms. Cullen and recommended for approval 7-0. 2308 Main Street Todd Paul, lessee, applies for a special use permit for a Wholesale Goods Establishment, Few Spirits, at 2308 Main Street. The applicant proposes to expand the existing use into the adjacent vacant space. 2308 Main Street is located in the C1 Commercial District, which requires a special use permit for Wholesale Goods Establishments to operate (Zoning Code Section 6-10-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Todd Paul, lessee, explained the proposal: • Want to expand existing use, which obtained a special use permit for a Wholesale Goods Establishment in 2013, into adjacent vacant space • Space to be used for storage for pallets, barrels of spirits, as well as a small automated bottling area • No additional staff needed due to the increased floor area • No exterior modifications to the building At Mr. Gingold’s inquiry, Mr. Paul explained that they do not need the entire space so they will sublease the front area to another user (unknown at this point). Ms. Klotz explained that bottling is accessory to the principal use of wholesaling. Chair Rodgers asked about the fire code issue mentioned at DAPR, and Ms. Klotz replied that it was not resolved at DAPR, but a building permit would be contingent on compliance with any applicable fire codes. Mr. Treto agreed that accessory bottling is acceptable within the wholesaling use per City Code. The ZBA entered into deliberations. The Standards were addressed: 401 of 493 Page 5 of 5 Zoning Board of Appeals 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gallimore motioned to recommend approval of the proposal with the condition the project is within substantial compliance of the documents and testimony on record. The motion was seconded by Ms. McLennan and recommended for approval 7-0. Ms. Klotz noted the next ZBA hearing is Tuesday, February 3rd, and the following meeting that is scheduled for February 17th will be cancelled due to a lack of items. The meeting was adjourned at 8:20 p.m. 402 of 493 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 January 27, 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 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 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-0157 Address or Location: 915 Foster Street Applicant: Kathryn Ebert Proposed Special Use: Commercial indoor Recreation, Foster Dance Studio, in B1 District 403 of 493 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 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. The project must be in substantial compliance of the documents and testimony on record. 2. Hours of Operation between 6am – 10 pm, 7 days a week. 3. Employees utilize off-street parking to the best of their ability. _____ denial of the proposed special use. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ 404 of 493 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 ___X___ Scott Gingold __X__ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 405 of 493 For City Council meeting of February 23, 2015 Item P3 Ordinance 28-O-15: Special Use Type 2 Restaurant, Frio Gelato, at 517 Dempster Street 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 28-O-15, Granting a Special Use for a Type 2 Restaurant, Frio Gelato, at 517 Dempster Street Date: February 11, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend adoption of Ordinance 28-O-15 granting a special use permit for a Type 2 Restaurant, Frio Gelato, 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 517 Dempster Street is located on the north side of Dempster Street, just east of Chicago Avenue in the B1 Business District, and is surrounded by similar commercial uses as well as residential uses. The applicant proposes to operate Frio Gelato, a Type 2 Restaurant, featuring gelato produced at a local wholesale manufacturing business at 1701 Simpson Street. A special use permit to operate a Type 2 restaurant at the 1701 Simpson location was obtained in April, 2014. The applicant intends to keep the wholesale manufacturing business and Type 2 Restaurant at 1701 Simpson Street and establish a second Type 2 Restaurant location at 517 Dempster Street. Frio Gelato intends to operate from 11 a.m. to 10 p.m., seven days a week, year round, in an existing commercial space just less than 1,000 square feet in size. A maximum of two employees will work per shift and one parking space will be provided at the rear of the building. Deliveries will occur once per day by minivan and utilize the rear parking space. The restaurant will not feature typical seating for customers, but a minimal amount of bench seating will be provided. The applicant agrees to follow the City’s Litter Collection and Garbage Pickup Plans. City staff has not received objections to the proposed use at 517 Dempster Street from any neighboring property owners and has Memorandum 406 of 493 received one letter in support. Staff has not received any complaints about the existing location at 1701 Simpson Street. Neighborhood Benefit The neighborhood will benefit from having a locally-owned business that will enhance the business district by occupying a currently underutilized commercial space, encourage foot-traffic, and in turn promote the economic viability of the Dempster Street business district. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of vacant 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. Frio Gelato will encourage pedestrian activity along Dempster Street and allow a locally- owned business to expand to a second restaurant location. Legislative History February 3, 2015: The ZBA recommended unanimous approval of the special use permit for a Type 2 Restaurant with the following conditions: 1. Must comply with Litter Collection and Garbage Pick-Up Plans 2. Hours of Operation between 6 a.m. and 11 p.m., 7 days a week 3. Employees may not park on the street. 4. The project must be in substantial compliance of the documents and testimony on record. Attachments Proposed Ordinance 28-O-15 February 3, 2015 ZBA Draft Meeting Minutes Excerpt ZBA Findings 407 of 493 Letter of Support February 3, 2015 ZBA Packet - http://www.cityofevanston.org/assets/ZBA%20Packet%2002.03.15.pdf 408 of 493 2/11/2015 28-O-15 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 517 Dempster Street in the B1 Business Zoning District (“Frio Gelato”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on February 3, 2015, pursuant to proper notice, to consider case no. 15ZMJV-0005, an application filed by Sebastian Koziura, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 517 Dempster Street (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, “Frio Gelato,” 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 February 3, 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. 15ZMJV-0005; and 409 of 493 28-O-15 ~2~ WHEREAS, at its meetings of February 23, 2015 and March 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. 15ZMJV- 0005. 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. 410 of 493 28-O-15 ~3~ C. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected no less than three (3) times per week, including collections on Sundays as necessary, in the City’s judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight-fitting lids, and shall be placed on Code-compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. D. 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 any given day. E. Employee Parking: Employees shall not park on the street during hours of operation. F. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 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 411 of 493 28-O-15 ~4~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 412 of 493 28-O-15 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 10 IN BLOCK 38 IN THE ORIGINAL VILLAGE (NOW CITY) OF EVANSTON IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-18-418-011-0000 COMMONLY KNOWN AS: 517 Dempster Street, Evanston, Illinois. 413 of 493 Page 1 of 2 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES EXCERPT ZONING BOARD OF APPEALS Tuesday, February 3, 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: Beth McLennan Staff Present: Mario Treto, Lorrie Pearson Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:08 pm. Approval of Minutes The minutes from the January 27, 2015 Zoning Board of Appeals meeting were motioned for approval. Mr. Gallimore made the motion and it was seconded by Ms. Cullen. The motion was approved 6-0. New Business 517 Dempster Street ZBA 15ZMJV-0005 Sebastian Koziura, lessee, applies for a special use permit for a Type 2 Restaurant, Frio Gelato, at 517 Dempster Street. 517 Dempster Street 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. Pearson read the case into the record. Mr. Koziura, lessee, explained the proposal: • 2nd retail location in Evanston • Will keep manufacturing at 1701 Simpson. • Open 10-10pm 7 days • 2 employees at a time Mr. Gingold asked where employees would park. Mr. Koziura explained that he would rent one space at the rear of the building, but expects that most employees will bus or bike to work. He also stated that he would agree to prohibiting employees to park on the street. Mr. Gingold then inquired if only gelato would be sold on premises, to which Mr. Koziura responded, initially, yes, but might expand to include coffee and pastries. Mr. Gingold then asked about deliveries. Mr. Koziura said that deliveries would occur once a day via minivan and would utilize rear parking space. Ms. Cullen asked if there would be a sidewalk café and Ms. Berns noted that bench seating was being provided. Mr. Koziura stated that sometimes a bench was placed outside the 1701 Simpson location, and they might do the same here. He also clarified that trash would be taken back to the 1701 Simpson location. Ms. Berns clarified that no drinks were being served. 414 of 493 Page 2 of 2 Zoning Board of Appeals Chair Rodgers clarified that the only exterior work was awning replacement. He then asked if there were any complaints from the existing business, to which Ms. Pearson answered, no. The ZBA entered into deliberations. Chair Rodgers noted that there would be little impact on the neighborhood and deliveries would be minimal. 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: 6am – 11pm, 7 days a week 2. Employees utilize off-street parking 3. Comply with litter plan 4. Substantial compliance with the documents and testimony on record The motion was seconded by Mr. Gallimore and recommended for approval 6-0. Ms. Pearson noted the next ZBA hearing is Tuesday, March 3rd, as the meeting scheduled for February 17th is cancelled. The meeting was adjourned at 8:32 p.m. 415 of 493 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 February 3, 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 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 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: 15ZMJV-0005 Address or Location: 517 Dempster Street Applicant: Frio Gelato, LLC. Proposed Special Use: Restaurant-Type 2, Frio Gelato, in B1 District 416 of 493 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 6am – 11pm, 7 days a week 2. Employees must utilize off-street parking 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. Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ 417 of 493 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 ___X___ Scott Gingold __X__ ____ _______ Beth McLennan _____ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 418 of 493 419 of 493 For City Council meeting of February 23, 2015 Item P4 Ordinance 18-O-15 Special Use for a Wholesale Goods Establishment for Few Spirits at 2308 Main Street 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 Subject: Ordinance 18-O-15, Granting a Special Use for a Wholesale Goods Establishment for Few Spirits at 2308 Main Street Date: January 27, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend City Council adoption of Ordinance 18-O-15 granting a special use permit for a Wholesale Goods Establishment for Few Spirits in the C1 Commercial 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 26, 2014 City Council meeting. Summary 2308 Main Street is located on the south side of Main Street, between Fowler and Pitner Avenues in the C1 Commercial District, just east of the Food 4 Less commercial center. The property is surrounded by a mixture of commercial and light industrial uses. The applicant proposes to expand the existing Wholesale Goods Establishment located at 2310 Main Street that received special use approval in 2013. Few Spirits is an established Evanston distillery that produces spirits such as whiskey and gin at 918 Chicago Avenue. Once produced, the spirits are transferred to the Main Street location for aging, bottling, and wholesaling. The proposed special use expansion will approximately double the size of the wholesaling facility and utilize a second existing loading dock. No consumption of alcohol or tastings will occur at wholesale space. The applicant intends to sublease a small portion of the space to a commercial use that will front Main Street. Memorandum 420 of 493 Both product deliveries and shipments utilize mid-sized, commercial trucks that can be fully accommodated by the site’s driveway, rear turnaround and loading docks. Deliveries to the site occur once a week on Mondays, and shipments from the site occur twice a week. One employee will be on-site to supervise the automated bottling from 9 a.m. to 6 p.m. With the expansion, the space will bottle a maximum of 10,000 units per day. Off-street parking spaces are available in the rear of the building as well as in the front parking lot. City staff is not aware of any objections to the proposed expansion and new special use permit, and has not received any zoning complaints related to the existing facility. Neighborhood Benefit The neighborhood will benefit from having a locally-owned and operated business utilize a long-time vacant space in an existing commercial/industrial area. 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. Few Spirits will use a long-time vacant space as it expands its operations and increases Evanston’s economic base. 421 of 493 Legislative History January 27, 2015: The ZBA recommended unanimous approval of the special use permit for a Wholesale Goods Establishment with the following condition: 1) The project must be in substantial compliance with the documents and testimony on record. Attachments Proposed Ordinance 18-O-15 January 27, 2015 ZBA Draft Meeting Minutes ZBA Findings January 27, 2015 ZBA Packet – http://www.cityofevanston.org/assets/ZBA%20Packet%2001.27.15%20final.pdf 422 of 493 1/26/2015 18-O-15 AN ORDINANCE Granting a Special Use Permit for a Wholesale Goods Establishment Located at 2308 Main Street in the C1 Commercial Zoning District (“Few Spirits”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on January 27, 2015, pursuant to proper notice, to consider case no. 14ZMJV-0142, an application by Todd Paul (the “Applicant”), lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 2308 Main Street (the “Subject Property”) and located in the C1 Commercial Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-10-2-3 of Title 6 of the Evanston City Code, 2012, as amended (the “Zoning Ordinance”), a Wholesale Goods Establishment on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and findings that the application for a Wholesale Goods Establishment 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 February 9, 2015, the City Council’s Planning and Development Committee (“P&D Committee”) considered and adopted the ZBA’s record and findings, and recommended City Council approval thereof; and WHEREAS, at its meetings of February 9 and February 23, 2015, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, 423 of 493 18-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 hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Wholesale Goods Establishment applied for in case no. 14ZMJV-0142. 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. 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: 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. 424 of 493 18-O-15 ~3~ SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 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: 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 425 of 493 18-O-15 ~4~ EXHIBIT A Legal Description PARCEL 1: LOT 1 IN GENERAL DYNAMICS-EVANSTON INDUSTRIAL PARK, A SUBDIVISION OF PART OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF MAIN STREET (WHICH BEARS DUE EAST AND WEST FOR THE PURPOSE OF THIS DESCRIPTION), DISTANT 56.50 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES, FROM THE CENTER LINE OF THE MOST SOUTHEASTERLY OR SOUTH-BOUND TRAIN TRACK OF THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY AS SAID MAIN TRACK IS NOW LOCATED; THENCE SOUTH 30 DEGREES, 19 MINUTES, 38 SECONDS W EST, A DISTANCE OF 47.63 FEET, THENCE NORTH 59 DEGREES, 05 MINUTES, 08 SECONDS EAST, A DISTANCE OF 412 FEET, MOR OR LESS, TO A POINT DISTANT 25 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF THE MOST NORTHWESTERLY OR NORTH-BOUND MAIN TRACK OF SAID TRANSPORTATION COMPANY, AS NO LOCATED; THENCE NORTHEASTERLY PARALLEL WITH THE LAST SAID MAIN TRACK CENTER LINE, A DISTANCE OF 123 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID MAIN STREET; THENCE DUE W EST ALONG SAID SOUTH LINE OF MAIN STREET, A DISTANCE OF 20 FEET, MORE OR LESS, TO THE POINT OF THE BEGINNING (EXCEPTING THEREFROM THAT PART, IF ANY, LYING SOUTHEASTERLY OF A LINE PARALLEL WITH AND DISTANT 15 FEET NORTHWESTERLY, MEASURED AT RIGHT ANGLES FROM THE CENTER LINE OF CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY YARD TRACK ICC NO. B-23, AS NOW LOCATED, BEING THE FIRST TRACK EASTERLY OF THE ABOVE-DESCRIBED REAL ESTATE, ALL IN COOK COUNTY, ILLINOIS. PIN: 10-24-300-009-0000 COMMONLY KNOWN AS: 2308 Main Street, Evanston, Illinois. 426 of 493 Page 1 of 5 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, January 27, 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 January 6, 2015 Zoning Board of Appeals meeting were motioned for approval. Ms. Arevalo made the motion and it was seconded by Ms. McLennan. The motion was approved 7-0, with 2 corrections. New Business 1111 Noyes Street ZBA 14ZMJV-0153 Andrew Venamore, zoning specialist, applies for major zoning relief to construct a 1.5-car detached garage. The applicant requests 32.8% building lot coverage where a maximum 30% is allowed (Zoning Code Section 6-8-2-7), a .5’ east interior side yard setback where 3’ is required (Zoning Code Section 6-8-2-8-C-4), and a 1’ west interior side yard setback where 3’ is required (Zoning Code Section 6-8-2-8-C-4). The Zoning Board of Appeals is the determining body for this case. . Ms. Klotz read the case into the record. Andrew Venamore, architect, explained the proposal: • Want to replace parking pad with 1.5-car garage for 1 car and storage • Small and oddly shaped lot (narrows) • Small house (has little storage) • Existing concrete retaining wall due to grade change • Submitted Exhibit A – 4 photos • Concrete wall and grade change make it difficult to increase garage setbacks • Will construct retaining wall along east property line to preserve neighbor’s fence and grade change Chair Rodgers asked whether the siding will match the house: Yes Ms. Berns asked whether the patio was included in the impervious surface calculation and the applicant responded yes. Ms. Berns noted the building permit plan needs to show the 19’ dimension of the garage. At Mr. Gingold’s inquiry about drainage, Mr. Venamore said the gable roof is to drain north and south- onto the retaining wall on the south side and gravel on the north side to prevent ground erosion. 427 of 493 Page 2 of 5 Zoning Board of Appeals Ms. Berns asked how a new retaining wall will fit in the .5’ east setback, and Mr. Venamore explained the new retaining wall will either be 4” of concrete or railroad ties. Mr. Venamore said stairs will be added at the southeast corner of the garage where the retaining wall ends for access to the small area along the east property line, for maintenance purposes of both the property owner and the adjacent property owner who has a fence abutting the property line. The ZBA entered into deliberations: Chair Rodgers noted the lot is small and an odd shape. Since the lot narrows at the rear, it is not possible to comply with the required setbacks. The proposed garage is the minimum change is necessary to achieve a usable garage. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned for approval of the proposal. The motion was seconded by Mr. Gallimore and approved 7-0 with the condition that the garage is constructed within substantial compliance of the documents and testimony on record. 2409 Crawford Avenue ZBA 14ZMJV-0158 Rozma Bokari, property owner, applies for major zoning relief to construct a 1-car attached carport. The applicant requests a 2’ south interior side yard setback where 5’ is required (Zoning Code Section 6-8-3-7-A-3). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. Rozma Bokari, property owner, explained the proposal: • No new concrete on driveway; the carport will cover the existing parking space within the driveway • Putting a garage at rear of property is too far away for homeowner needs, and there is already a parking space right next to the house where the carport is proposed. Ms. Berns said she thinks there is a viable location at the rear of the property and the hardship is specific to the property owner, not the property. At Mr. Gingold’s inquiry about the roof and draining, Ms. Bokari said the carport roof will slope towards the south property line like the house does, but will follow a gutter to a downspout towards the rear of the property. Ms. Berns said the downspout can extend towards the northeast to stay away from neighboring property. The ZBA entered into deliberations. Chair Rodgers said he is concerned over the request being due to the owner, not the property, but since the curb cut and driveway are existing, it is the minimum change necessary as 428 of 493 Page 3 of 5 Zoning Board of Appeals opposed to constructing a new garage and driveway at the rear of the property and tearing out the existing driveway and curb cut. Ms. McLennan agreed the plan proposed is the minimum change necessary, as opposed to a new garage at rear. Ms. Berns disagreed, because a rear garage would be entirely compliant, and noted the ZBA does not consider finances for a project to be a hardship. The ZBA entered into deliberations. The Standards were addressed: 1. Yes 2. Yes 3. Yes – Rodgers, Cullen, McLennan, Gallimore, Arevalo No – Berns, Gingold 4. Yes 5. Yes 6. Yes 7. Yes – Rodgers, Cullen, McLennan, Gallimore, Arevalo, Gingold No – Berns 8. Yes Ms. McLennan motioned for approval with the following conditions: 1. The downspout be extended a minimum of 5’ away from the adjacent property line 2. The carport can never be enclosed into habitable space 3. The project must be in substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Arevalo and approved 5-2 with Ms. Berns and Mr. Gingold opposing. 915 Foster Street ZBA 14ZMJV-0157 Kathryn Ebert, lessee, applies for a special use permit for a Commercial Indoor Recreation facility, Foster Dance Studio, at 915 Foster Street. The applicant proposes to expand the existing use into the adjacent vacant space. 915 Foster Street is located in the B1 Business District, which requires a special use permit for a Commercial Indoor Recreation facility 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. Kathryn Ebert, lessee, and Healy Rice, architect, explained the proposal: • Propose to expand into vacant space behind studio they’ve occupied for over 3 years • Currently they have two studios and need a third • Space will be for more spread out choreography • Space will serve adults and children • No change in hours proposed • Maximum increase of 10% in students anticipated • No exterior changes proposed to the building Chair Rodgers asked if a waiting room, studio and office space will be added in the rear: Yes Ms. Berns asked and the applicant responded: Will there be performances there? Nothing for which they are selling tickets. Parking? 2 current spaces, will be able to use 2 more in the rear parking lot that is shared with Domino’s Pizza; don’t really need more; the lot across the street is free after 4 p.m. during the dance studio’s busiest time. Also, many students carpool, walk or take public transportation. 429 of 493 Page 4 of 5 Zoning Board of Appeals Ms. Klotz said there are no known zoning complaints. Chair Rodgers asked if staff is aware whether businesses are permitted to use the Northwestern University parking lot, and Ms. Pearson said staff has not reached out to NU but many recent applicants have. 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. 6am – 10 pm hours of operation 2. Substantial compliance with the documents and testimony on record 3. Employees utilize off-street parking to the best of their ability The motion was seconded by Ms. Cullen and recommended for approval 7-0. 2308 Main Street Todd Paul, lessee, applies for a special use permit for a Wholesale Goods Establishment, Few Spirits, at 2308 Main Street. The applicant proposes to expand the existing use into the adjacent vacant space. 2308 Main Street is located in the C1 Commercial District, which requires a special use permit for Wholesale Goods Establishments to operate (Zoning Code Section 6-10-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Todd Paul, lessee, explained the proposal: • Want to expand existing use, which obtained a special use permit for a Wholesale Goods Establishment in 2013, into adjacent vacant space • Space to be used for storage for pallets, barrels of spirits, as well as a small automated bottling area • No additional staff needed due to the increased floor area • No exterior modifications to the building At Mr. Gingold’s inquiry, Mr. Paul explained that they do not need the entire space so they will sublease the front area to another user (unknown at this point). Ms. Klotz explained that bottling is accessory to the principal use of wholesaling. Chair Rodgers asked about the fire code issue mentioned at DAPR, and Ms. Klotz replied that it was not resolved at DAPR, but a building permit would be contingent on compliance with any applicable fire codes. Mr. Treto agreed that accessory bottling is acceptable within the wholesaling use per City Code. The ZBA entered into deliberations. The Standards were addressed: 430 of 493 Page 5 of 5 Zoning Board of Appeals 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gallimore motioned to recommend approval of the proposal with the condition the project is within substantial compliance of the documents and testimony on record. The motion was seconded by Ms. McLennan and recommended for approval 7-0. Ms. Klotz noted the next ZBA hearing is Tuesday, February 3rd, and the following meeting that is scheduled for February 17th will be cancelled due to a lack of items. The meeting was adjourned at 8:20 p.m. 431 of 493 P LANNING AND Z ONING D IVISION 847-448-4311 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202, Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on January 27, 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 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 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 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 7-0 Case Number: 14ZMJV-0142 Address or Location: 2308 Main Street Applicant: Todd Paul Proposed Special Use: Wholesale Goods Establishment, Few Spirits 432 of 493 P LANNING AND Z ONING D IVISION 847-448-4311 zoning@cityofevanston.org Community Development Department 847-448-8126 www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3202, Evanston, IL 60201 (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. The project must be in substantial compliance of the documents and testimony on record. _____ denial of the proposed special use. 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__ ____ 433 of 493 For City Council meeting of February 23, 2015 Item O1 Resolution 8-R-15: TIF Forgivable Loan Agreement with Azzurri of Evanston, Inc. For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Manager Paul Zalmezak, Senior Economic Development Coordinator Subject: Resolution 8-R-15 Authorizing the City Manager to Execute a TIF Forgivable Loan Agreement with Azzurri of Evanston, Inc. Date: February 10, 2015 Recommended Action: The Economic Development Committee recommends authorizing the City Manager to negotiate and execute a funding agreement with Azzurri of Evanston, Inc. for eligible expenses, not to exceed $2 million from the Dempster/Dodge Tax Increment Financing (TIF) District in support of the construction of the Valli Produce store at 1910 Dempster Street. Funding Source: Funding is provided by the Dempster/Dodge Tax Increment Financing District. The TIF was established in 2012 and currently has not accumulated sufficient fund balance to fund this request. Project funding is contemplated to occur over the course of the construction of the project. A portion of project funding may be paid through fund balance, if funds are available in early 2015. Any remaining funding for this request would be provided through short term borrowing that may be converted to a longer term note at a later date. The debt service for repayment of funds borrowed would be provided by the incremental property taxes from this property after it is fully assessed. Summary: The Valli Produce ownership team, operating as Azzurri of Evanston, LLC purchased Evanston Plaza in September 2014 for $16 million recognizing the shopping center’s potential believing the center needs a “facelift and few new key tenants.” Azzurri is planning the renovations in two phases. The total estimated development cost, including acquisition is $32 million. Phase I will focus on the south building, formerly occupied by Dominick’s. The renovation plans include the addition of stonework and stucco and the raising of the signage plates and top façade of the building to create a visual impact. The interior will be gutted and the grocery store Memorandum 434 of 493 footprint will expand to incorporate several of the storefronts (e.g. Evanston Nails) along Dodge Avenue, will be incorporated into the grocery store. Phase I is planned for completion and occupancy May/June of 2015. The remainder of the property to include tenant build-to-suits, the west buildings and the outlot improvements will follow in the next 12 to 18 months. Included in the plan are upgraded lighting systems and new pylon signage designed to be compatible with the new exterior renovation theme. Azzurri is seeking TIF assistance totaling $9 million to cover the financial gap associated with the major renovation and tenant improvements. Staff projects the total amount of incremental property tax generated by the development over the life of the TIF (expires 2034) is approximately $9.3 million. A copy of staff’s TIF projection is included the Economic Development Committee memo attached. Staff recommends TIF assistance for an amount not to exceed $2 million for eligible Phase I Development costs. Phase I includes the critical renovation of the former Dominick’s space into Valli Produce which is planned to open in May/June 2015. The recommended financial assistance represents approximately 23% of the Phase I buildout costs. Staff recommends Azzurri return at a later date to pursue additional funding. Additional funding is dependent on the performance of the TIF district, determined by Cook County’s reassessment of the property based on the $16 million purchase price and improvements to the property. In addition, staff will consider the potential of sharing sales tax revenue resulting from the improvements as a source funding. Proposed Loan Terms Staff recommends utilization of a forgivable loan funding format, detailed in the attached TIF Forgivable Loan Agreement. The following are proposed terms and conditions of the TIF funding agreement: 1) The loan would be forgivable over a period of 10 years (or a period of time correlated to the City’s issuance of debt necessary to fund this project) 2) Azzurri of Evanston, Inc. shall not appeal the equalized assessed value (EAV) of the property during the period of time the agreement is in place 3) In the event that the shopping center is sold for a profit greater than the acceptable return for the investment of this project (prior to the loan being completely forgiven), a portion of the City’s investment would be repaid based on portion of loan forgiven; 4) City would issue payments to Azzurri of Evanston, Inc following the completion of certain project milestones to be identified following the creation of a construction management plan for the project; 5) Forgivable loan would be recorded against the deed Public Benefits In addition to the $1.1 million annual property taxes generated on the base value (i.e. “frozen value”) of the property at the time the TIF was created, the public benefits generated by the project include: 435 of 493 1. The project will generate approximately 215 construction jobs during the renovation phases 2. Azzurri estimates creating 375 jobs (200 Valli Produce, 175 other tenants) In addition, staff is pursuing a number of additional public benefits more directly linked to the City’s livability goals. As outlined in the attached TIF Forgivable Loan Agreement, Valli Produce commits to the following: 1. Non-Profit Support- In addition, Valli Produce will offer the community support programs it has offered in its other store locations including donating goods and financial support to local schools and charities and promoting local events through weekly fliers, website, in-store signage, and social media. 2. Dependent Care: Valli Produce is willing to assist their full time employees who utilize dependent daycare or eldercare for a dependent child or immediate family member. The amount of monetary support would be determined by the stores’ performance and its ability to afford the benefit. 3. Wellness and Health: Valli is willing to contribute towards a fitness membership for store employees. Valli will investigate the amount of assistance. Proof of usage by the employee would also be required. 4. Multi-Modal Transportation: Azzurri will provide an outdoor bicycle rack for use by patrons of the shopping center. 5. Energy Efficiency and Improvements: Since Valli Produce is completing an entire remodel of the entire former Dominicks Finer Foods, efficient systems are being put in place including LED lighting throughout the store and new high efficient mechanicals, refrigeration systems and coolers that include insulated cases, and new food prep equipment that uses less energy. The utility companies have been notified to partake in an assessment of our new facilities and evaluate these improvements for maximum efficiency. 6. Water Efficiency: The old plumbing fixtures are being replaced with efficient fixtures to reduce water consumption. New food prep appliances will utilize water saving technologies as well. Valli is proposing additional parking islands for greening, water absorption, and heat reduction. An irrigation system does not exist and is not being proposed, therefore, current and proposed landscaping must be urban tolerant. 7. Recycling & Waste Reduction: Valli utilizes hydraulic balers to compact recyclable cardboard. Valli Produce will provide recycling containers inside the store for customer use. Valli will adhere to the paper bag ordinance that applies to Evanston. 436 of 493 Legislative History: On September 8, 2014, the City Council approved Resolution 58-R-14 authorizing the City Manager to negotiate a TIF Redevelopment Agreement with the contract purchaser Azzurri of Evanston. The resolution effectively authorized the substitution of “Azzuri of Evanston, Inc.” for the previous owner “Bonnie Management”. On June 25, 2012, the City Council approved Resolution 54-R-12 authorizing the City Manager to negotiate a TIF Redevelopment Agreement with Bonnie Management. Section 2 of the resolution stated; “Any such negotiated RDA shall: not have a term that extends beyond December 31,2019; limit the total amount of TIF funds to be distributed to Bonnie to two million dollars ($2,000,000.00); expressly limit the use of said funds to tenant improvements, site improvements, and/or canopy repair.” Attachments: Resolution 8-R-15 Economic Development Committee Memo Dated January 2, 2015 437 of 493 2/3/2015 8-R-15 A RESOLUTION Authorizing the City Manager to Execute a TIF Forgivable Loan Agreement with Azzurri of Evanston, Inc. WHEREAS, the City approved a redevelopment plan and project (the "Plan and Project") as required by the Tax Increment Allocation Redevelopment Act, Division 74.4 of Article 11 of the Illinois Municipal Code, as amended (the "TIF Act") by passage of Ordinance 55-O-12 and designated a redevelopment project area (the "Area") by the passage Ordinance 56-O-12; and WHEREAS , the Plan and Project is focused in large part on the redevelopment of the shopping center at the corner of Dempster Street and Dodge Avenue and the shopping plaza was purchased by Azzurri of Evanston, Inc. (“Azzurri”) in the Fall 2014; WHEREAS , Azzurri plans to fully renovate the former Dominick’s grocery store and requests funding to cover a portion of the development costs for the commercial property located at 1910 Dempster Street, Evanston, IL 60202 (“Subject Property”) in order to modernize and bring the store into compliance with all electrical, plumbing and building Code standards for the use as a grocery store by Borrower; and WHEREAS, the City seeks to support the renovation of the with $2 Million in TIF funds in the form of a forgivable loan to Azzurri of Evanston, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: 438 of 493 8-R-15 ~2~ SECTION 1: The City Manager is hereby authorized to execute the TIF Forgivable Loan Agreement (“TIF Agreement”), attached hereto as Exhibit 1, the terms are incorporated herein by reference, with Azzurri of Evanston, Inc. an Illinois corporation. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the TIF Agreement as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. SECTION 3: That this Resolution 8-R-15 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2015 439 of 493 8-R-15 ~3~ EXHIBIT 1 TIF Forgivable Loan Agreement 440 of 493 82920385\V-5 REDEVELOPMENT AGREEMENT AND TIF FORGIVABLE CONSTRUCTION LOAN AGREEMENT This Redevelopment Agreement and TIF Forgivable Construction Loan Agreement (the “Agreement”), is entered into by and between THE CITY OF EVANSTON, an Illinois municipal corporation (“Lender”) and Azzurri of Evanston, Inc., an Illinois corporation (“Borrower”) and effective as of the last date executed on the signature page: RECITALS WHEREAS, it has been determined by Lender that an economic development and unique opportunity exists which warrants funding to Borrower from the Dempster-Dodge Tax Increment Financing District No. 7 (“Dempster/Dodge TIF”); and WHEREAS, the Borrower requested funding to cover costs of development costs for the commercial property located at 1910 Dempster Street, Evanston, IL 60202 (“Subject Property”) in order to modernize and bring the store into compliance with all electrical, plumbing and building Code standards for the use as a grocery store to be called “Valli Produce”; and WHEREAS, the City seeks to support the renovation of the with TIF funds, and WHEREAS, the Lender has authorized an expenditure of up to Two Million and no/100 Dollars ($2,000,000) for a forgivable loan to the Borrower to cover a portion of the expected project budget, under such terms and conditions as may be prescribed by the Lender below, for purposes of project financial assistance to cover some of the Project costs and provide a financial incentive to remain an Evanston business; and WHEREAS, the City Council has approved Borrower for participation in this Agreement, subject to the terms and conditions of the TIF Guidelines and this Agreement, NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and the mutual obligations of the parties as herein expressed, the City and Borrower agree as follows: AGREEMENT A. DEFINITIONS The following terms shall have the following meanings whenever used in this Agreement, except where the context clearly indicates otherwise. Any ambiguity as to the intended meaning or scope of the terms set forth below will be resolved solely by the City through its designated representative. 1. “Borrower” means the company, Azzurri of Evanston, Inc., applying for funding for renovations to the Subject Property and determined eligible participate in this Agreement. 2. “Completion Date” means the date that the contractor has finished the Project pursuant to the building permit issued by the City, and to the satisfaction of Borrower, as evidenced by final payment to the contractor from Property Owner 441 of 493 82920385\V-5 - 2 - and the issuance of a certificate of substantial completion issued by the architect for the Project to the Property Owner. 3. “Director” means the City‟s Assistant City Manager and Director of Administrative Services, Martin Lyons, who is responsible for managing and administering this Agreement on behalf of the City. 4. “Loan” means the total amount of the funds from the Dempster/Dodge TIF loaned to Borrower for purposes of funding TIF Eligible Expenses for the Project, which shall not exceed Two Million and no/100 Dollars ($2,000,000), the amount approved by City Council Resolution 8-R-15. 5. “Loan Term” means how long the Loan exists and expiration of the Parties requirements under this Agreement, which is ten (10) years in this Agreement. 6. “Last Date of Reimbursement” means the date that the Lender issues the last reimbursement payment to Borrower which is after the Final Certificate of Occupancy is issued for the Building. If the last reimbursement is made by check, it will be the date shown on the check. If reimbursement is made by electronic funds transfer, it will be the date the Loan funds electronically transferred to the Borrower. 7. “Project” means the improvements to be completed on the Property as proposed by Borrower. 8. “Subject Property” means the real property at 1910 Dempster Street, Evanston, IL 60202 which is owned by the Property Owner, currently a vacant parcel described herein. The Property is located within the City of Evanston and is legally described on Exhibit “A”, which is attached hereto and incorporated herein by reference. 9. “TIF Guidelines” means the regulations found in the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4 et seq. All terms not defined herein shall have the meanings ascribed thereto in the TIF Guidelines. 10. “TIF Eligible Expenses” means Project expenses determined to be eligible for reimbursement from TIF funds by the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4 et seq. 11. “Total Allowable Expenses” means the total actual costs incurred, and documented by Borrower and/or Property Owner and subsequently approved by the Director or his designee for the costs associated with the performance of the work required by the plans and specifications and/or architectural/design renderings for the Project or the acquisition and installation of furniture, fixtures and equipment (“FF&E”) in the Project. Such allowable expenses must be TIF eligible activities. 12. “Total Project Expenditure” means the total actual Project costs incurred by and paid for by Borrower or Property Owner including the costs of construction, 442 of 493 82920385\V-5 - 3 - materials, FF&E and supplies. The Total Project Expenditure includes both the Total Allowable Expenses under TIF and other remaining costs which are not reimbursable under this Agreement. B. LOAN 1. Principal Amount: Subject to the term and conditions of the Agreement, the Lender hereby agrees to provide Borrower the principal sum of up to Two Million and no/100 Dollars ($2,000,000.00) (the “Loan”), to be amortized and forgivable over a period of ten years (one hundred twenty (120) months) calculated on 365 day calendar and commences on the Last Date of Reimbursement (the “Loan Term”), but subject to earlier forgiveness under the circumstances described in Section C(3) below. The Loan Term and reimbursement obligations shall not commence until the City‟s issuance of debt necessary to fund this project has commenced. The City shall undertake and diligently pursue the issuance of such debt on a timely basis so that the proceeds of such debt shall be available to the City for reimbursement when the other conditions to reimbursement set out in Section D(1) have been satisfied. 2. Interest Rate: Interest will accrue from the Last Date of Reimbursement of the Loan funds at the rate of LIBOR per annum on the unpaid balance. As used herein, “LIBOR” shall mean the 30-day LIBOR rate quoted in the most recently published edition of The Wall Street Journal. If a default occurs and not cured, repayment of principal and interest shall commence immediately in accordance with the provisions set forth below. The Loan is not transferable, other than to (i) other members in the Property Owner or (ii) other entities controlled by John Q. O‟Donnell. The interest rate will be calculated on the Last Date of Reimbursement and when the Loan Forgiveness Schedule is ratified. For illustrative purposes in the Loan Forgiveness Schedule, the LIBOR rate is set at 3.00%. 3. Amortization Schedule for the Loan: The outstanding principal balance of the Loan is divided by the total number of years (10) in the Loan Term, and the resulting figure will be the “installment”. The first anniversary date of the Loan shall be one year after the Last Date of Reimbursement and on said anniversary date, and every year thereafter, the Loan will be forgiven in accordance with the schedule to be attached as Exhibit B (the “Loan Forgiveness Schedule”). The forgiveness schedule is for illustration purposes and not the final Loan Forgiveness Schedule, which will be formed after the Last Date of the Reimbursement. 4. Guaranty: To support repayment of the Loan, the Borrower will ensure that a guaranty from Property Owner for all principal and interest under the Loan which remains unforgiven over the Loan Term is issued (the “Guaranty”), which is attached as Exhibit C and incorporated herein as if fully restated. 443 of 493 82920385\V-5 - 4 - C. CONDITIONS OF FORGIVENESS The Loan is conditioned on the completion and satisfaction of each part of this Section C and confirmed by the Director and/or his designee. If Borrower fails to perform any condition fully set forth herein, it shall be considered an Event of Default, defined in Section N. The Conditions of Forgiveness are as follows: 1. Project Completion: a. Borrower shall cause the Property Owner to develop the Subject Property in conformance with building permit drawings that must be approved at a later date by the Building and Inspection Services Division of the City of Evanston for the construction and operation of a grocery store at the Subject Property, which will consist of a fully renovated store with improvements focusing on bringing the Subject Property into Code compliance. Borrower acknowledges that the TIF Funds are conditioned on the Property Owner developing and retaining for the term of this Agreement a grocery store at the Subject Property and any other use will be an immediate default. b. Borrower shall provide documentation that bids for the Project were sought by the Project‟s general contractor from no less than three subcontractors for each trade, of which one must be an Evanston-based subcontractor. If an Evanston-based subcontractor is not available to seek bids from based on the scope, scale or special requirements of the Project work, this requirement will be waived upon confirmation from City staff that bid solicitation to Evanston based businesses was pursued by the general contractor. 2. Recording Memorandum of TIF Forgivable Loan Agreement: Borrower shall receive authority from the Property Owner permitting the recording of a memorandum summarizing this Agreement against the Subject Property (“Memorandum of TIF Forgivable Loan Agreement”), which is attached as Exhibit D. 3. Taxable Uses Only: Borrower warrants that it will not allow the Property Owner to lease to, or otherwise allow any religious, charitable or other entity which is entitled to an exemption from real property taxes to occupy, the commercial portions of the Subject Property until the Dempster/Dodge TIF expires. D. PAYMENT OF LOAN FUNDS 1. Distribution of Loan Funds: The Borrower agrees that the Loan funds will be disbursed on a reimbursement basis in a lump sum payment. The payment shall NOT be paid out until: (a) City Council has approved the Agreement; (b) the Agreement is executed; (c) Project work is complete and a Temporary Certificate of Occupancy is issued; and (d) the City‟s issuance of debt necessary to fund the 444 of 493 82920385\V-5 - 5 - project has occurred. The Loan is funded through the Dempster/Dodge TIF District. 2. Borrower hereby agrees to comply with all terms and conditions of this Agreement and only seek reimbursement of acceptable TIF Eligible Expenses. 3. Reimbursement requests to the Director or his designee shall contain the following: a. Cover letter indicating the total cost of TIF Eligible Expenses that it is seeking reimbursement. b. All contractor invoices detailing the specific tasks completed in accordance with approved Project and TIF Eligible Expenses associated therewith. c. Proof of payment of all invoices for all TIF Eligible Expenses for the Project covered by this Loan; and d. Unconditional partial lien releases. 5. Borrower is responsible for all payments to the contractors, materials suppliers, and vendors, and for providing true and correct copies of unconditional lien releases to the City. 6. The Director or his designee will not issue the distribution of Loan funds to the Borrower if there is any violation of any law, ordinance, code, regulation, or Agreement term. Lastly, Borrower must be current with all City of Evanston accounts prior to any reimbursement. 7. The total amount of the Loan will be forgiven in accordance with the schedule attached as Exhibit B (“Loan Forgiveness Schedule”) but subject to earlier forgiveness under the circumstances described in Section C(3) above. At the end of the Loan Term, the Loan will be deemed forgiven and the balance will be zero and the Guaranty is released. E. BORROWER’S RESPONSIBILITIES 1. The Borrower shall cause the Property Owner to obtain and submit all required certificates of insurance, as set forth herein, to the Director or his designee upon execution of this Agreement and prior to City‟s execution. 2. The Borrower shall be responsible for causing the Property Owner to hire a licensed general contractor to complete the Project. The Director or his designee may require submission of proof of the State License issued to the selected general contractor. 445 of 493 82920385\V-5 - 6 - 3. The Borrower is responsible for contacting the appropriate City departments to arrange for obtaining all necessary approvals and/or permits required for construction and completion of the Project. 4. The Borrower is responsible for managing, monitoring, and scheduling the construction of the Project and ensuring its compliance with all applicable federal, State, and local laws and regulations. 5. Borrower shall during the Term, and for a period of 2 years following the expiration of the Term, keep and make available for the inspection, examination and audit by City or City‟s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Borrower or Property Owner, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Borrower is found to have been overstated, Borrower shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City‟s expenses for and in connection with the audit respecting such invoice. 6. The Borrower shall be fully responsible for ensuring that all invoices from the contractors, suppliers, vendors and/or other third parties are paid and shall only seek reimbursement after payment has been disbursed by Borrower or Property Owner, to the applicable party. F. PUBLIC BENEFITS TO BE PROVIDED BY BORROWER: The Agreement is conditioned on the satisfaction of each public benefit outlined in Section F. Azzuri will ensure that each public benefit and assurances made in this Agreement are fulfilled by Azurri or Valli Produce, depending on the applicable public benefit. 1. Non-Profit Support: Azzurri will ensure that Valli Produce offers the community support programs it has offered in its other store locations including donating goods and financial support to local schools and charities and promoting local events through weekly fliers, website, in-store signage, and social media. 2. Dependent Care: Azzurri represents that Valli Produce is willing to assist their full time employees who utilize dependent daycare or eldercare for a dependent child or immediate family member. The amount of monetary support would be determined by the stores‟ performance and its ability to afford the benefit. 3. Wellness and Health: Azzurri warrants that Valli is willing to contribute towards a fitness membership for store employees and will investigate the amount of assistance. Proof of usage by the employee would also be required. 4. Multi-Modal Transportation: Azzurri will provide an outdoor bicycle rack use by patrons of the Subject Property. 446 of 493 82920385\V-5 - 7 - 5. Energy Efficiency and Improvements: Since Valli Produce is completing an entire remodel of the entire former Dominick‟s Finer Foods, efficient systems are being put in place including LED lighting throughout the store and new high efficient mechanicals, refrigeration systems and coolers that include insulated cases, and new food prep equipment that uses less energy. The utility companies have been notified to partake in an assessment of our new facilities and evaluate these improvements for max efficiency. 6. Water Efficiency: The old plumbing fixtures are being replaced with efficient fixtures to reduce water consumption. New food prep appliances will utilize water saving technologies as well. Valli is proposing additional parking islands for greening, water absorption, and heat reduction. An irrigation system does not exist and is not being proposed, therefore, current and proposed landscaping must be urban tolerant. 7. Recycling & Waste Reduction: Valli utilizes hydraulic balers to compact recyclable cardboard. Borrower will guarantee that Valli Produce provide recycling containers inside the store for customer use. Lastly, Borrower represents that Valli will adhere to the plastic bag ordinance approved by the City Council on July 28, 2014 by Ordinance 66-O-14. G. THE CITY’S RESPONSIBILITIES 1. Within a reasonable time after Borrower submits a request for payment under Section D, the City will review the information provided by Borrower and ensure compliance with all parameters specified in Section D. 2. Director or his designee shall review Borrower‟s request and accompanying documents for payment. If Borrower meets all its terms, conditions, and obligations under this Agreement and the TIF Guidelines, the Director or his designee shall issue the payment up to the total amount of the Loan in accordance with the Local Government Prompt Payment Act, after City‟s receipt of the documentation submitted by Borrower in Section D. H. INSURANCE 1. During the entire period in which work on the Project is performed until termination of this Agreement, the Borrower shall cause to be obtained and maintained in full force and effect during said period the following insurance policies: Comprehensive General Liability Insurance in a general aggregate amount of not less than $1,000,000, $1,000,000 Products and Completed Operations Aggregate, and $1,000,000 each occurrence. 2. All deductibles on any policy shall be the responsibility of the primary holder of such policy and shall not be the responsibility of the City of Evanston. 3. Borrower shall provide evidence of required insurance to the Director before execution of this Agreement. Borrower shall cause the Property Owner to name the City as an additional insured for the Loan period. 447 of 493 82920385\V-5 - 8 - I. OBLIGATION TO REFRAIN FROM DISCRIMINATION 1. Borrower covenants and agrees for itself, its successors and its assigns to the Property, or any part thereof, that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2. That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine the availability of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. J. NO AGENCY CREATED The Borrower and any contractor, supplier, vendor or any third party hired by Borrower to complete the Project are not agents or create any employment relationship with the City. K. INDEMNIFICATION AND HOLD HARMLESS Borrower shall defend, indemnify and hold harmless City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including without limitation costs, and fees, including attorney‟s fees, judgments or settlements, resultin g from or arising out of any negligent or willful act or omission on the part of the Borrower or the Property Owner or their respective employees and agents during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Borrower shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to City and employees and agents, including without limitation the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel‟s option, Borrower must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Borrower of any of its obligations under this Agreement. Any settlement of any claim or suit related to activities conducted under this Project by Borrower must be made only with the prior written consent of 448 of 493 82920385\V-5 - 9 - the City Corporation Counsel, if the settlement requires any action on the part of the City. No member, official, agent, legal counsel or employee of the City shall be personally liable to the Borrower or Property Owner, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to Borrower or Property Owner, or successor or on any obligation under the terms of this Agreement. L. COMPLIANCE WITH LAW The Borrower agrees to comply, and shall cause the Property Owner to comply, with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the development and use of the Property, construction of the Project, ongoing operations conducted on the Property, and use of Loan funds. In addition, pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Borrower‟s or Property Owner‟s control, the Borrower shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Borrower shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, are applicable. The Borrower shall indemnify and defend the City from and against all claims arising from the City‟s exceptions to disclosing certain records which the Borrower may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. L. DEFAULT; REMEDIES; DISPUTE RESOLUTION 1. Notice of Default: In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, including but not limited to conditions contained in Sections C and D, the non-defaulting party shall have those rights and remedies provided herein, provided that such non-defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section N hereof identifying with specificity the nature of the alleged default and the manner in which said default may be satisfactorily be cured. 2. Cure of Default: Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy such default within a 15-day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 3. City Remedies not Exclusive; Repayment of Pro Rata Share of Loan: If an Event of Default occurs, which Borrower has not cured within the timeframe set forth in subparagraph 2 above, the City, at its option, may terminate this Agreement and/or may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of 449 of 493 82920385\V-5 - 10 - this Agreement. In the event of a Default by Borrower that occurs after the City has disbursed in whole or in part the Loan funds, the “Pro Rata Repayment Amount” and interest, at the rate of LIBOR + 1% per annum shall be due and payable within 30 days of Default. The amount due and owing following an Event of Default, which is not cured by Borrower, shall be calculated according to the Date of Default and the amount outstanding from the Loan Forgiveness Schedule, outlined in Exhibit B. All payments shall be first credited to accrued interest, next to attorney‟s fees and costs which may be owing from time to time, and then to principal. Payments shall be made to City at the address set forth in Section M herein or at such other address as City may direct pursuant to notice delivered to Borrower in accordance with Section M. 4. Borrower‟s Exclusive Remedies: The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein, including the Project, except as provided in this Section. Accordingly, Borrower shall not be entitled to damages or monetary relief for any breach of this Agreement by the City or arising out of or connected with any dispute, controversy, or issue between Borrower and the City regarding this Agreement or any of the matters referred to herein, the parties agreeing that declaratory and injunctive relief and specific performance shall be Borrower‟s sole and exclusive judicial remedies. M. TERMINATION If Borrower shall fail to cure any Event of Default upon notice and within the time for cure provided for in Section L above, the City may, by written notice to the Borrower, terminate this Agreement. Such termination shall trigger the repayment of the “Pro Rata Repayment Amount” as defined in Section L above. Borrower may not terminate this Agreement without the express written consent of City. N. NOTICES All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same-day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may, from time to time, designate in writing in the manner as provided herein: If to the Lender: City of Evanston Attn: Wally Bobkiewicz, City Manager 2100 Ridge Avenue Evanston, IL 60201 With a copy to: City of Evanston Attn: W. Grant Farrar, Corporation Counsel 2100 Ridge Avenue Evanston, IL 60201 If to the Borrower: Azzurri of Evanston, Inc. 450 of 493 82920385\V-5 - 11 - James Passarelli 9240 Broadway Avenue Brookfield, IL 60513 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service to the addresses above, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. O. APPLICABLE LAW The internal laws of the State of Illinois without regard to principles of conflicts of law shall govern the interpretation and enforcement of this Agreement. P. ATTORNEY’S FEES In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Borrower, or arising out of a breach of this Agreement by Borrower, the City shall recover from the Borrower as part of the judgment against Borrower, its attorneys‟ fees and costs incurred in each and every such action, suit, or other proceeding. Q. SURVIVAL OF TERMS, BINDING UPON SUCCESSORS The covenants, terms, conditions, representations, warranties, Agreements and undertakings set forth in this Agreement (and specifically including, without limitation, those covenants, terms, conditions, representations, warranties, Agreements and undertakings which survive the termination of this Agreement) shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, assigns and legal representatives. R. CONFLICT OF INTEREST 1. No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he/she is, directly or indirectly, interested. 2. The Borrower warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement. S. BINDING EFFECT This Agreement, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. T. AUTHORITY TO SIGN 451 of 493 82920385\V-5 - 12 - John O‟Donnell hereby represents that he executes this Agreement on behalf of Borrower and has the full authority to do so and to bind Borrower to perform pursuant to the terms and conditions of this Agreement. U. COUNTERPARTS This Agreement may be executed by each party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument. V. ENTIRE AGREEMENT AND SEVERABILITY 1. This Agreement and the Exhibits and references incorporated into this Agreement express all understandings of the parties concerning the matters covered in this Agreement. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. The Agreement may be amended from time to time with the written consent of the Parties hereto. 2. If any provision, condition, covenant or other clause, sentence or phrase of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised and the invalidity thereof shall not affect any other provision, condition, covenant or other clause, sentence or phrase contained herein. Notwithstanding the foregoing, if any such invalid provision goes to the essence of this Agreement so that the purposes of the Agreement cannot be fulfilled, then this Agreement shall terminate as of the date of such judgment. W. NO WAIVER No failure of either the City or the Borrower to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach or of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect. X. FORCE MAJEURE Performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, restrictive governmental laws and regulations, epidemics, quarantine restrictions, freight embargoes, lack of transportation or labor and material shortages. An extension of time for any such cause shall be for the period of the delay, which period shall commence to run from the time of the commencement of the cause, provided that written notice by the party claiming such extension is sent to the other party not more than thirty (30) days after the commencement of the cause or not more than thirty (30) days after the party claiming such extension could have first reasonably recognized the commencement of the cause, whichever is later. 452 of 493 82920385\V-5 - 13 - [SIGNATURES ON FOLLOWING PAGE] 453 of 493 82920385\V-5 - 14 - IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written. OWNER: Azzurri of Evanston, Inc., an Illinois corporation By: Carmine Presta Its: President CITY: THE CITY OF EVANSTON, ILLINOIS By: Wally Bobkiewicz Its City Manager 454 of 493 82920385\V-5 City of Evanston – Forgivable Loan – Azzurri of Evanston, Inc. P a g e | 15 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, ______________________, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Carmine Presta, in his/her capacity as manager of Azzurri of Evanston, Inc., an Illinois corporation, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such president, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this _____ day of ________________, 2015. My Commission Expires: STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, ______________________, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Wally Bobkiewicz, as City Manager of the City of Evanston, Illinois, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Wally Bobkiewicz, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said municipality, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this _____ day of ________________, 2015. My Commission Expires: 455 of 493 82920385\V-5 City of Evanston – Forgivable Loan – Azzurri of Evanston, Inc. P a g e | 16 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [INSERT LEGAL] Common Addresses: 1910 Dempster Street, Evanston, IL 60202 456 of 493 82920385\V-5 City of Evanston – Forgivable Loan – Azzurri of Evanston, Inc. P a g e | 17 EXHIBIT B LOAN FORGIVENESS SCHEDULE 457 of 493 82920385\V-5 City of Evanston – Forgivable Loan – Azzurri of Evanston, Inc. P a g e | 18 EXHIBIT C GUARANTY Borrower: Azzurri of Evanston, Inc. Lender: City of Evanston Guarantor: Carmine Presta Principal Amount: $2,000,000 Loan Term: 10 years (120 months) Guaranty Term: 10 Years CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower‟s obligations under the Agreement. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender‟s remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction, or counterclaim, and will otherwise perform Borrower‟s obligations under the Note and Related Documents. Under this Guaranty, Guarantor‟s liability is limited to Borrower‟s obligations under the Agreement. INDEBTEDNESS. The word “„Indebtedness” as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys‟ fees, arising from Borrower‟s obligations under the Agreement. CONTINUING GUARANTY. THIS IS A “CONTINUING GUARANTY” UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until end of the tenth year (120th month) of the Loan. If Guarantor elects to revoke this, Guaranty, Guarantor may only do so in writing. Guarantor‟s written notice of revocation must be mailed to Lender; by certified mail, at Lender‟s address listed above or such other place as Lender may designate in writing. This Guaranty shall bind Guarantor‟s estate as to the Indebtedness created both before and after Guarantor‟s death or incapacity, regardless of Lander‟s actual notice of Guarantor‟s death, Subject to the foregoing, Guarantor‟s, executor or administrator or other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the some effect. Release of any other guarantor or termination of any other guaranty of the Indebtedness shall not affect the ability of Guarantor under this guaranty. 458 of 493 82920385\V-5 City of Evanston – Forgivable Loan – Azzurri of Evanston, Inc. P a g e | 19 GUARANTOR’S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof upon written notice to Guarantor by Lender, without lessening Guarantor‟s liability under this Guaranty, from time to time (A) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (B) to determine how, when and what application of payments and credits shall be made on the Indebtedness; and (C) to apply such security and direct the order or manner of sale thereof, including without limitation. any non-judicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; GUARANTOR’S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) Guarantor has full power, right and authority to enter into this Guaranty; (C) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor; (D) upon Lender‟s request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, and all future financial information which will be provided Lender is and will be, true and correct in all material respects and fairly present Guarantor‟s financial condition as of the dates the financial information is provided; (E) no material adverse change has occurred in Guarantor‟s financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor‟s financial condition; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower‟s financial condition. Guarantor agrees to keep Lender adequately informed from any relevant facts, events, or circumstances which might in any way affect Guarantor‟s risks under this Guaranty. GUARANTOR’S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; and (C) to pursue any other remedy within Lender‟s power; SUBORDINATION OF BORROWER DEBTS TO GUARANTOR. Guarantor agrees that the indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates any claim Guarantor may have against Borrower, upon an account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. 459 of 493 82920385\V-5 City of Evanston – Forgivable Loan – Azzurri of Evanston, Inc. P a g e | 20 MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty together with the Agreement, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty, No alteration of or amendment to this· Guaranty shall be effective unless given in writing and signed by both parties. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Illinois without regard to its conflicts of law provisions. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be advised by Guarantor‟s attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor‟s intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender‟s attorneys‟ fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words “Borrower” and “Guarantor” respectively shall mean all and anyone or more of them. The words “Guarantor,” “Borrower,” and “Lender” include the heirs, successors, assigns, and transferees of each of them, If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If anyone or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by tele-facsimile (unless, otherwise required by law) when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All 460 of 493 82920385\V-5 City of Evanston – Forgivable Loan – Azzurri of Evanston, Inc. P a g e | 21 revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled “DURATION OF GUARANTY.” Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party‟s address, For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor‟s current address. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute a waiver of Lender‟s right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender‟s rights or of any of Guarantor‟s obligations as to any future transactions, Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. Subject to any limitations stated in this Guaranty on transfer of Guarantor‟s interest, this Guaranty shall be binding upon and inure to the benefit of the parties, their successors and assigns. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word “Borrower” means Azzurri of Evanston, Inc., and its successors and assigns. GAAP. The word “GAAP” means generally accepted accounting principles. Guarantor. The word “Guarantor” means Carmine Presta. Guaranty. The word “Guaranty” means this guaranty from Guarantor to Lender. Indebtedness. The word “Indebtedness” means Borrower‟s indebtedness to Lender as more particularly described in this Guaranty. Lender. The word “Lender” means City of Evanston, and its successors and assigns. Note. The word “Note” means and includes without limitation all of Borrower‟s promissory notes and/or credit agreements evidencing Borrower‟s loan obligations in 461 of 493 82920385\V-5 City of Evanston – Forgivable Loan – Azzurri of Evanston, Inc. P a g e | 22 favor of Lander, together with all renewals of, extensions of, modifications of, substitutions for promissory notes or credit agreements. Related Documents. The words “Related Documents” mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security „agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS, IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR’S EXECUTION AND DELIVERY OF THIS GUARANTY TO THE LENDER UNDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED “DURATION OF GUARANTY”, NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE, THIS GUARANTY IS DATED ________________, 2015. GUARANTOR: CARMINE PRESTA Signature: ____________________________ 462 of 493 82920385\V-5 City of Evanston – Forgivable Loan – Azzurri of Evanston, Inc. P a g e | 23 EXHIBIT D MEMORANDUM OF TIF FORGIVABLE CONSTRUCTION LOAN AGREEMENT 463 of 493 For Economic Development Committee meeting of January 28, 2015 Item: 3E Valli Produce Request for Financial Assistance Item for Consideration To: Chair and Members of the Economic Development Committee From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Manager Paul Zalmezak, Senior Economic Development Coordinator Subject: Valli Produce Request for Financial Assistance for Renovations to Evanston Plaza Shopping Center Date: January 7, 2015 Recommended Action Staff recommends approval of a recommendation to City Council authorizing the City Manager to negotiate and execute a funding agreement with Azzurri of Evanston, Inc. for eligible expenses from the Dempster/Dodge Tax Increment Financing (TIF) District in support of the construction of the Valli Produce store at 1910 Dempster Street. Staff recommends an amount not to exceed $2,000,000 for eligible expenses. Funding Source Dempster/Dodge Tax Increment Financing District. The TIF was established in 2012 and currently has not accumulated sufficient fund balance to fund this request. Project funding is contemplated to occur over the course of the construction of the project. A portion of project funding may be paid through fund balance, if funds are available in early 2015. Any remaining funding for this request would be provided through short term borrowing that may be converted to a longer term note at a later date. The debt service for repayment of funds borrowed would be provided by the incremental property taxes from this property after it is fully assessed. Summary The Valli Produce ownership team, operating as Azzurri of Evanston, LLC purchased Evanston Plaza in September 2014 for $16 million recognizing the shopping center’s potential believing the center needs a “facelift and few new key tenants.” Azzurri is planning the renovations in two phases. The total estimated development cost, including acquisition is $32 million. Phase I will focus on the south building, formerly occupied by Dominick’s. The renovation plans include the addition of stonework and stucco and the raising of the signage plates and top façade of the building to create a visual impact. The interior will be gutted and the grocery store Memorandum 464 of 493 footprint will expand to incorporate several of the storefronts (e.g. Evanston Nails) along Dodge Avenue, will be incorporated into the grocery store. Phase I is planned for completion and occupancy May/June of 2015. The remainder of the property to include tenant build-to-suits, the west buildings and the outlot improvements will follow in the next 12 to 18 months. Included in the plan are upgraded lighting systems and new pylon signage designed to be compatible with the new exterior renovation theme. Funding Request Azzurri is seeking TIF assistance totaling $9 million to cover the financial gap associated with the major renovation and tenant improvements. Staff projects the total amount of incremental property tax generated by the development over the life of the TIF (expires 2034) is approximately $9.3 million. A copy of staff’s TIF projection is attached to the memo. The financial assistance is required to completely renovate and expand the former grocery store space, attract new tenants and quickly improve the economic performance of the shopping center. The total cost of the project is $32 million, including $16 million in acquisition costs, summarized as follows: Evanston Plaza Redevelopment Costs Acquisition $ 16,816,000 Capital Improvements $ 14,082,740 Financing Costs $ 640,000 Marketing, Leasing Commissions, Broker Fees $ 535,592 Legal $ 55,000 Total $ 32,129,332 Staff recommends TIF assistance for an amount not to exceed $2 million for eligible Phase I Development costs. Phase I includes the critical renovation of the former Dominick’s space into Valli Produce which is planned to open in May/June 2015. The recommended financial assistance represents approximately 23% of the Phase I buildout costs. The capital improvement costs (i.e. renovation costs) are summarized as follows: Valli Proposed Capital Improvements Phase I Valli Store Interior buildout $ 3,500,000 Valli Equipment-Refrigeration, Casework, $ 3,981,000 Tenant relocation-Nail Salon space1120 -bid $ 157,000 Façade Phase 1 Dodge street, Valli & junior anchor $ 855,000 Roof $ 130,000 Phase I Total $ 8,623,000 465 of 493 Phase II TI other tenants $ 1,668,640 Façade Phase 2 remainder including outbuilding $ 1,465,000 Dance Studio -net of build out allowance of $20 PSF $ 1,289,100 HVAC (all other) $ 570,000 Parking lot, lights, landscaping $ 317,000 Signage $ 150,000 Phase II Total $ 5,459,740 Total- Capital Improvements $ 14,082,740 Staff recommends Azzurri return at a later date to pursue additional funding. Additional funding is dependent on the performance of the TIF district, determined by Cook County’s reassessment of the property based on the $16 million purchase price and improvements to the property. In addition, staff will consider the potential of sharing sales tax revenue resulting from the improvements as a source funding. Proposed Loan Terms Staff recommends utilization of a forgivable loan funding format for this project. The following are proposed terms and conditions of the TIF funding agreement: 1) The loan would be forgivable over a period of 10 years (or a period of time correlated to the City’s issuance of debt necessary to fund this project) 2) Azzurri of Evanston, Inc. shall not appeal the equalized assessed value (EAV) of the property during the period of time the agreement is in place 3) In the event that the shopping center is sold for a profit greater than the acceptable return for the investment of this project (prior to the loan being completely forgiven), a portion of the City’s investment would be repaid based on portion of loan forgiven; 4) City would issue payments to Azzurri of Evanston, Inc following the completion of certain project milestones to be identified following the creation of a construction management plan for the project; 5) Forgivable loan would be recorded against the deed Public Benefits In addition to the $1.1 million annual property taxes generated on the base value (i.e. “frozen value”) of the property at the time the TIF was created, the public benefits generated by the project include: 1. The project will generate approximately 215 construction jobs during the renovation phases 2. Azzurri estimates creating 375 jobs (200 Valli Produce, 175 other tenants) In addition, staff is pursuing a number of additional public benefits more directly linked to the City’s livability goals. Valli Produce commits to the following: 1. Non-Profit Support- Azzurri has negotiated a reduced rent structure with Evanston Dance Center. In addition, Valli Produce will offer the community support programs it has offered in its other store locations including donating 466 of 493 goods and financial support to local schools and charities and promoting local events through weekly fliers, website, in-store signage, and social media. 2. Dependent Care: Valli Produce is willing to assist their full time employees who utilize dependent daycare or eldercare for a dependent child or immediate family member. The amount of monetary support would be determined by the stores’ performance and its ability to afford the benefit. 3. Wellness and Health: Valli is willing to contribute towards a fitness membership for store employees. Valli will investigate the amount of assistance. Proof of usage by the employee would also be required. 4. Multi-Modal Transportation: Azzurri will provide an outdoor bicycle rack use by patrons of the shopping center. 5. Energy Efficiency and Improvements: Since Valli Produce is completing an entire remodel of the entire former Dominicks Finer Foods, efficient systems are being put in place including LED lighting throughout the store and new high efficient mechanicals, refrigeration systems and coolers that include insulated cases, and new food prep equipment that uses less energy. The utility companies have been notified to partake in an assessment of our new facilities and evaluate these improvements for max efficiency. 6. Water Efficiency: The old plumbing fixtures are being replaced with efficient fixtures to reduce water consumption. New food prep appliances will utilize water saving technologies as well. Valli is proposing additional parking islands for greening, water absorption, and heat reduction. An irrigation system does not exist and is not being proposed, therefore, current and proposed landscaping must be urban tolerant. 7. Recycling & Waste Reduction: Valli utilizes hydraulic balers to compact recyclable cardboard. Valli Produce will provide recycling containers inside the store for customer use. Valli will adhere to the paper bag ordinance that applies to Evanston. Background The Dempster/Dodge Tax Increment Financing (TIF) District was established in 2012 and is inclusive of the Evanston Plaza Shopping Center. The TIF district will expire in 2035, with final collection of incremental property taxes in 2036. The TIF was established to improve Evanston Plaza’s occupancy levels and thereby increase the tax base. Valli Produce of Evanston Inc. has signed a lease for the former Dominick’s space consisting of 58,008 square feet and they are expanding the current premises and adding the space located on Dodge Avenue to then open an approximate 70,000 square foot store in May or June of 2015. Valli signed a long term operating covenant providing hoping to provide stability to the shopping center and neighborhood and certainty for future tenants. 467 of 493 The vacancy rate should quickly decline with Valli Produce’s long term commitment and the new ownership’s control over the restrictions within Evanston Plaza, (which the previous owners never had). Previously, Dominick’s had to grant consent / had the right to limit several tenant categories. This not only slowed the process of signing tenant leases but it also did not allow several tenant categories; ultimately adding to the vacancy rate. Legislative History On September 8, 2014, the City Council approved Resolution 58-R-14 authorizing the city manager to negotiate a TIF Redevelopment Agreement with the contract purchaser Azzurri of Evanston. The resolution effectively authorized the substitution of “Azzuri of Evanston, Inc.” for the previous owner “Bonnie Management”. On June 25, 2012, the City Council approved Resolution 54-R-12 authorizing the City Manager to negotiate a TIF Redevelopment Agreement with Bonnie Management. Section 2 of the resolution stated; “Any such negotiated RDA shall: not have a term that extends beyond December 31,2019; limit the total amount of TIF funds to be distributed to Bonnie to two million dollars ($2,000,000.00); expressly limit the use of said funds to tenant improvements, site improvements, and/or canopy repair.” Attachments -Azzurri of Evanston Funding Assistance Application -Resolution 58-R-14 -Resolution 54-R-12 -TIF Projection 468 of 493 CTY OF EVANSTON TIF FUNDING APPLICATION Contact Information: Name of company seeking assistance: Azzurri of Evanston Inc. Name of primary contact: Frank Schwab or Carmine Presta Telephone number: 847-392-4033x2 Email address: fschwab@schwabadvisory.com Carminep@valliproduce.com Mailing address: 641 N Wilke Road Arlington Heights Il 60005 Project Information Name of Project: Evanston Plaza Shopping Center Location of project (address): 1900-1968 Dempster Street & 1112-1168 Dodge Ave. Type of project (check one): ☐ Residential ☐ Non-residential ☐ Mixed use PIN Number(s): 10-24-108-038-0000 Current taxable value of property: $2,469,619 Name of Property owner: Azzurri of Evanston Inc. 469 of 493 Section A (Residential Projects) Section B (Non-Residential Projects) Complete this section if you are seeking funding for any non-residential development project. Type of Use (if mixed, select all that apply) ☐Office ☐Retail / Restaurant ☐Industrial ☐Entertainment ☐Other Square Footage (total) 212,373 net rentable 220,751 gross Number of parking spaces included: 892+/- Estimated # of construction jobs created 215 Estimated # of permanent jobs created 375+ MWEBE ☐Yes ☐No LEP ☐Yes ☐No Pro Forma & Revenue Projections See attached Sources & Uses of funds and updated GAP Analysis which includes revenue projections Also provide:  Estimated new TIF revenue (copies of TIF projections) 470 of 493 Project Narrative Provide a detailed project narrative that includes a description of the project proposal and a statement as to how the project will benefit the general public in the neighborhood and the City of Evanston at large. Successful applications should reflect the stated goals of the Committee, particularly innovation, sustainability, and quality of place. (Please note: Compliance with local ordinances and laws is not considered a public benefit). This section should include the following subheadings:  Project summary  Statement of Public Benefit-In the summary narrative  “But For” Statement – a statement of how the project would not be possible without TIF funding Please also provide the following information:  Project Timeline that includes Start/Expected Completion Date;  Statement on the sustainability features of this project or LEED certification plans  Statement on any public art components to be included in the project  Site map; include existing as well as proposed maps/plans Statement signed by developer/owner, that the property has not received a Cook County real estate reduction and that such a reduction has not and will not be applied for if TIF assistance is awarded to the project. Part of TIF documents  Copy of the most recent appraisal; not for public review under confidentiality  Market studies completed that demonstrate a demand for this use; and  Traffic Studies that demonstrate the impact on the traffic in the area. N/A  Completed zoning analysis 471 of 493 Evanston Plaza Shopping Center –Project Summary Evanston Plaza is the shopping center located at the southwest corner of Dempster Street and Dodge Avenue. Evanston Plaza consists of 220,751 gross building area. The primary buildings at Evanston Plaza are the west building and the south building and these were built twenty-seven years ago in 1987 and the out lot building was built fourteen years ago in 2000. The property consists of 712,192 square feet of land or approximately 16.35 acres, with approximately 892 parking spaces. The building exterior is predominantly brick and precast concrete with aluminum cased plate glass storefronts. There are currently 34 tenant spaces with unfortunately only 32% occupied at this time, but 59% leased if counting the vacant Dominick’s store. The property had been purchased out of foreclosure in December of 2011 by Evanston Plaza Holding Inc. for $8,100,000 and most recently by the current owner/user Azzurri of Evanston Inc. for $16,000,000 in September of 2014. The redevelopment of this shopping center is crucial to the city of Evanston. Evanston is located in the North Shore and while most other retail centers have life and are thriving this one is vacant and truly just needs a small facelift and a few new key fit tenants. The plan is to incorporate the community based users already located within the center help them to get re-established and expand into what is needed instead of just what is there. We want to take the tired brick and fascia and add stone, stucco, and extra lighting. Also to revamp the existing signage to bring life back into a tired sign that gets driven past daily and goes unnoticed. Valli Produce of Evanston Inc. has signed a lease for the former Dominick’s space consisting of 58,008 square feet and they are expanding the current premises and adding the space located on Dodge Ave to then open an approximate 70,000 square foot store in May or June of 2015 for the entire communities grocery needs. Valli Produce knew the importance of community commitment and signed a long term operating covenant providing stability to the neighborhood and the much needed Anchor foundation for current and future tenants of Evanston Plaza Shopping Center.. Between Valli Produces LONG TERM commitment and the new ownerships control over the restrictions within Evanston Plaza, which the previous owners never had; previously the vacated tenant had the decision to allow who and which tenants go into this shopping center, and had to give a consent to allow. This not only slowed the process of gaining a tenant but it also did not allow several tenant categories; ultimately adding to the vacancy rate. Given this allows a significant benefit in marketing a property for co-tenancy given the stability now afforded the prospective decision makers. Between Valli Produce with expanded grocery space, with product offerings catering to the neighborhood demographic profile which is a truly a need for the Evanston Community, the new owners commitment and knowledge of stable co-tenants, and the communities help and involvement we are sure to turn the center into a success story. With all good success stories a plan, time, and money are also the key ingredients ; in this case the use of the TIF district resources to implement a complete makeover. 472 of 493 This redevelopment of Evanston Plaza will drastically increase the tax increment components for both the real estate tax and the sales tax. The acquisition already has doubled the property basis given the sales history of the Evanston Plaza shopping center previously presented. The Dominick’s store which frustrated the neighborhood with its closure added to the withdrawal of tenants from the center due to the reliance of the traffic generation of the former anchor tenant. The store’s sales per square foot are greatly increased by the switch to a well-run regional operator who truly invests in the community such as Valli Produce vs. the former Dominick’s . This will generate an enormous increase in sales tax increment which currently is not generated due to the vacancy. Unfortunately this total redevelopment is not possible without the assistance of the TIF for this project. The TIF is instrumental to getting Evanston Plaza occupied and thriving. The local community is clearly negatively impacted with vacancy/empty stores and the redevelopment of this center is of indescribable value to the surrounding community. The retail center completely filled with increased sales tax and higher real estate taxes which will generate future revenues for the schools and community as well as providing a stable commercial retail base. What we all work together to change, revamp, and correct within 12-18 months will provide a stable future for the community. Unfortunately Evanston Plaza is impacted by environmental contamination which has an NFR letter ruling from the Illinois EPA: it is an encapsulated underground site. This adversely affects the redevelopment cost if the capsule is disturbed. Given these constraints the previously detailed plans do not include a ground up development change or reconfiguration of any buildings except for minor additions minimizing any haul off. The redevelopment plan will incorporate what is existing and add to it instead of just demolish, a little more eco-friendly. Adding life into the South building or what you will hear called Phase 1 of the redevelopment plan by adding beautiful stone and stucco to the dreary brown brick façade and raise the signage plates and top façade of the building just enough to create a grand impact of elegance and old world charm; in an attempt to match the rest of the City of Evanston’s historic architecture. During phase 1, the former Dominick’s/current vacant eye s ore will also be undergoing a full interior makeover to correctly meet the needs of the community shoppers and become what will be Valli Produce of Evanston. The property will undergo a full redevelopment in phases. The Grocery store with façade development of the southern building is planned for completion and occupancy May/June of 2015. The remainder of the property to include tenant build to suits and the other two buildings facelifts to follow in the next 12-18 months. The property will be upgraded with energy saving, environmentally friendly retrofits planned and safety and soundness enhancements implemented. This will include interior store lighting and equipment selection meeting these guidelines as well as exterior development compatible with these requirements. Certain safety enhancements such a sensor controlled lighting are also being budgeted. The Pylon signage will be upgraded compatible with the new renovation theme incorporated in the exterior remodeling façade theme. 473 of 493 474 of 493 www.cityofevanston.org DISCLAIMER: This map and data are provided as-in without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information Scale 1:3,922 Made with Evanston's GIS Printed: Sep 29, 2014 11:58:12 AM475 of 493 Evanston Plaza Evanston IL Financial Gap Analysis Executive Summary Cash Return on Project - No TIF Assistance 7.62%Table 3 Cash Return on Project - With TIF Assistance 12.53%Table 4 Minimum Cash Return on Project Needed 12% - 15% Return on Equity - No TIF Assistance 11.68%Table 5 Return on Equity - With TIF Assistance 19.16%Table 6 Market Rate Return on Equity 20% - 25% Municipal Subsidy Needed 9,000,000$ Table 2 Schwab Realty Development Evanston Plaza TIF - Gap Analysis -Oct 2014 476 of 493 Assumptions Evanston Plaza Evanston IL Financial Gap Analysis Assumptions Without TIF With TIF Capital Structure Sources Sources Developer Equity (25%)8,032,333$ 5,782,333$ Senior Debt (75%)24,096,999$ 17,346,999$ TIF Contribution 9,000,000$ Total Sources 32,129,332$ 32,129,332$ Development Program - Revenues Phase 1 Rent per SF Square Feet Rental Revenue Year 1 Rental Revenue Year 2 Rental Revenue Year 3 Valli $10.05 2,609 -$ 26,220$ 26,220$ Valli $10.05 2,052 -$ 20,623$ 20,623$ Valli $10.05 1,000 -$ 10,050$ 10,050$ Valli $10.05 1,889 -$ 18,984$ 18,984$ Valli-nail salon relocation $10.05 1,224 -$ 12,301$ 12,301$ Valli $10.05 1,308 -$ 13,145$ 13,145$ 1152 Dodge vacant $14.00 6,047 -$ -$ 84,658$ Evanston Nail salon -relocated premises 1158 Dodge $15.30 1,802 21,420$ 27,600$ 28,800$ Insure One $22.00 1,328 29,216$ 29,216$ 29,216$ Kinston Grill $22.98 1,251 28,748$ 28,748$ 28,748$ Papa Romeo's Pizza $15.30 1,464 22,399$ 22,399$ 22,399$ 1900A vacant $24.00 3,500 -$ 42,000$ 84,000$ Subway $21.22 1,634 34,673$ 34,673$ 34,673$ Dunkin Donuts/ Baskin Robbins $18.51 2,185 40,444$ 40,444$ 40,444$ Radio Shack month- month gave notice of termination $19.96 2,416 -$ -$ 48,223$ Metro Kleeners $22.88 3,099 70,905$ 70,905$ 70,905$ vacant - $20.00 1,205 -$ 24,100$ 21,088$ Dominick's- vacant but paying rent $10.05 58,008 582,980$ 582,980$ 582,980$ 1916 Dempster vacant $0.00 25,370 -$ -$ 215,645$ Divita Healthcare Facility $11.25 9,023 101,509$ 101,509$ 101,509$ 1926 Dempster vacant $0.00 29,005 -$ -$ 319,055$ Citi Trends- rent abatement $7.26 13,084 47,495$ 94,990$ 130,840$ Evanston Dance Studio $5.25 7,754 40,709$ 40,709$ 81,417$ 1938 Dempster vacant $0.00 5,545 -$ -$ 55,450$ 1940 Dempster vacant $0.00 3,025 -$ -$ 30,008$ Evanston VA Outpatient clinic $30.00 7,037 211,110$ 211,110$ 211,110$ Medical Offices $23.23 4,133 96,010$ 96,010$ 96,010$ Dance Center Evanston,Inc.$10.50 2,452 25,746$ 25,746$ 25,746$ Chiro One Wellness Center LLC $20.00 2,847 56,940$ 56,940$ 56,940$ Armed Froces Career Center $18.00 2,424 43,632$ 43,632$ 43,632$ Evanston Eyes $18.50 1,212 22,422$ 22,422$ 22,422$ 1964 Dempster vacant $0.00 1,212 -$ -$ 22,422$ 1966 Dempster vacant $0.00 1,206 -$ -$ 22,311$ Panino's Cafe and Bar $15.00 3,023 45,345$ 45,345$ 45,345$ - -$ -$ -$ Total 212,373 1,521,703$ 1,742,802$ 2,657,321$ Schwab Realty Development Evanston Plaza TIF - Gap Analysis -Oct 2014477 of 493 Assumptions Evanston Plaza Evanston IL Financial Gap Analysis Assumptions Development Costs - Main Parcels Purchase Price 16,000,000$ Due Diligence Costs 46,000$ Acquisition Cost 770,000$ TotalAcquisition Cost 16,816,000$ Valli Store Interior buildout 3,500,000$ Valli Equipment-Refrigeration,Casework, 3,981,000$ Tenant relocation-Nail Salon space1120 -bid 157,000$ Roof 130,000$ Signage 150,000$ HVAC (all other)570,000$ Parking lot,lights,Landscaping 317,000$ Dance Studio -net of build out allowance of $20 PSF 1,289,100$ Façade Phase 1 Dodge street, Valli & junior anchor 855,000$ Façade Phase 2 remainder of Center including outbuilding 1,465,000$ TI other tenants 1,668,640$ -$ Total- Capital Improvements 14,082,740$ Loan Fees 285,000$ Appraisals 20,000$ Other Financing-interest reserve-shortfall 335,000$ Total - Financing Costs 640,000$ Legal 55,000$ Total - Legal Costs 55,000$ Marketing Costs 35,000$ Broker Fee -$ Leasing Commissions 500,592$ Total - Direct Costs 535,592$ Development Costs - Main Parcels 32,129,332$ Total Development Costs 32,129,332$ Lease Expenses Vacancy Factor 7% Common Area Maintenance 2.5% Management Fee 4% Annual Lease Escalation Factor 2% Terminal Capitalization Rate 8.00% TIF Contribution 9,000,000$ Schwab Realty Development Evanston Plaza TIF - Gap Analysis -Oct 2014478 of 493 Evanston Plaza Evanston IL Financial Gap Analysis Cash Return on Project No TIF Assistance 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Gross Rental Revenue 1,521,703$ 1,742,802$ 2,657,321$ 2,710,467$ 2,764,677$ 2,819,970$ 2,876,370$ 2,933,897$ 2,992,575$ 3,052,426$ Less: Expenses Vacancy Factor -$ 106,519$ 121,996$ 186,012$ 189,733$ 193,527$ 197,398$ 201,346$ 205,373$ 209,480$ 213,670$ Common Area Maintenance -$ 38,043$ 43,570$ 66,433$ 67,762$ 69,117$ 70,499$ 71,909$ 73,347$ 74,814$ 76,311$ Management Fee -$ 60,868$ 69,712$ 106,293$ 108,419$ 110,587$ 112,799$ 115,055$ 117,356$ 119,703$ 122,097$ Net Income -$ 1,316,273$ 1,507,524$ 2,298,583$ 2,344,554$ 2,391,445$ 2,439,274$ 2,488,060$ 2,537,821$ 2,588,577$ 2,640,349$ Construction Costs (1)(17,671,133)$ (8,032,333)$ (6,425,866)$ Assumed Sale- End of Yr 10 33,004,360$ TIF Assistance 0$ Cash From Project (17,671,133)$ (6,716,060)$ (4,918,342)$ 2,298,583$ 2,344,554$ 2,391,445$ 2,439,274$ 2,488,060$ 2,537,821$ 2,588,577$ 35,644,709$ Cash Return on Project 7.62% (1) Assumes a 3-year acquisition & construction period with 55% expended in 2014 and 25% in 2015 and 20% in 2016. Schwab Realty Development Table 3 Cash Return on Project No TIF Assistance 479 of 493 Evanston Plaza Evanston IL Financial Gap Analysis Cash Return on Project With TIF Assistance 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Gross Rental Revenue 1,521,703$ 1,742,802$ 2,657,321$ 2,710,467$ 2,764,677$ 2,819,970$ 2,876,370$ 2,933,897$ 2,992,575$ 3,052,426$ Less: Expenses Vacancy Factor -$ 106,519$ 121,996$ 186,012$ 189,733$ 193,527$ 197,398$ 201,346$ 205,373$ 209,480$ 213,670$ Common Area Maintenance -$ 38,043$ 43,570$ 66,433$ 67,762$ 69,117$ 70,499$ 71,909$ 73,347$ 74,814$ 76,311$ Management Fee -$ 60,868$ 69,712$ 106,293$ 108,419$ 110,587$ 112,799$ 115,055$ 117,356$ 119,703$ 122,097$ Net Income -$ 1,316,273$ 1,507,524$ 2,298,583$ 2,344,554$ 2,391,445$ 2,439,274$ 2,488,060$ 2,537,821$ 2,588,577$ 2,640,349$ Construction Costs (1)(17,671,133)$ (8,032,333)$ (6,425,866)$ Assumed Sale- End of Yr 10 33,004,360$ TIF Assistance 9,000,000$ Cash From Project (17,671,133)$ 2,283,940$ (4,918,342)$ 2,298,583$ 2,344,554$ 2,391,445$ 2,439,274$ 2,488,060$ 2,537,821$ 2,588,577$ 35,644,709$ Cash Return on Project 12.53% (1) Assumes a 3-year acquisition & construction period with 55% expended in 2014 and 25% in 2015 and 20% in 2016. Schwab Realty Develpment Table 4 Cash Return on Project With TIF Assistance480 of 493 Evanston Plaza Evanston IL Financial Gap Analysis Return on Equity No TIF Assistance 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Gross Rental Revenue 1,521,703$ 1,742,802$ 2,657,321$ 2,710,467$ 2,764,677$ 2,819,970$ 2,876,370$ 2,933,897$ 2,992,575$ 3,052,426$ Less: Expenses Vacancy Factor -$ 106,519$ 121,996$ 186,012$ 189,733$ 193,527$ 197,398$ 201,346$ 205,373$ 209,480$ 213,670$ Common Area Maintenance -$ 38,043$ 43,570$ 66,433$ 67,762$ 69,117$ 70,499$ 71,909$ 73,347$ 74,814$ 76,311$ Management Fee -$ 60,868$ 69,712$ 106,293$ 108,419$ 110,587$ 112,799$ 115,055$ 117,356$ 119,703$ 122,097$ Net Income -$ 1,316,273$ 1,507,524$ 2,298,583$ 2,344,554$ 2,391,445$ 2,439,274$ 2,488,060$ 2,537,821$ 2,588,577$ 2,640,349$ Payment of Debt Service (1,796,416)$ (1,796,416)$ (1,796,416)$ (1,796,416)$ (1,796,416)$ (1,796,416)$ (1,796,416)$ (1,796,416)$ (1,796,416)$ (1,796,416)$ Payment of Remaining Principal (10,360,462)$ Assumed Sale- End of Yr 10 32,357,216$ Develper Equity Investment (8,032,333)$ Cash From Project (8,032,333)$ (1,796,416)$ (288,892)$ 502,167$ 548,138$ 595,030$ 642,858$ 691,644$ 741,405$ 792,162$ 22,840,687$ Return on Equity 11.68% Schwab Realty Develpment Table 5 Return on Equity No TIF Assistance481 of 493 Evanston Plaza Evanston IL Financial Gap Analysis Return on Equity With TIF Assistance 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Gross Rental Revenue 1,521,703$ 1,742,802$ 2,657,321$ 2,710,467$ 2,764,677$ 2,819,970$ 2,876,370$ 2,933,897$ 2,992,575$ 3,052,426$ Less: Expenses Vacancy Factor -$ 106,519$ 121,996$ 186,012$ 189,733$ 193,527$ 197,398$ 201,346$ 205,373$ 209,480$ 213,670$ Common Area Maintenance -$ 38,043$ 43,570$ 66,433$ 67,762$ 69,117$ 70,499$ 71,909$ 73,347$ 74,814$ 76,311$ Management Fee -$ 60,868$ 69,712$ 106,293$ 108,419$ 110,587$ 112,799$ 115,055$ 117,356$ 119,703$ 122,097$ Net Income -$ 1,316,273$ 1,507,524$ 2,298,583$ 2,344,554$ 2,391,445$ 2,439,274$ 2,488,060$ 2,537,821$ 2,588,577$ 2,640,349$ Payment of Debt Service (1,293,208)$ (1,293,208)$ (1,293,208)$ (1,293,208)$ (1,293,208)$ (1,293,208)$ (1,293,208)$ (1,293,208)$ (1,293,208)$ (1,293,208)$ Assumed Sale- End of Yr 10 32,357,216$ Develper Equity Investment (5,782,333)$ Payment of Remaining Principal (18,031,668)$ Cash From Project (5,782,333)$ 23,066$ 214,316$ 1,005,375$ 1,051,347$ 1,098,238$ 1,146,067$ 1,194,852$ 1,244,613$ 1,295,370$ 15,672,689$ Return on Equity 19.16% (With TIF) Schwab Realty Develpment Table 6 Return on Equity With TIF Assistance482 of 493 Evanston Plaza Evanston IL Financial Gap Analysis Debt Service No TIF Principal Balance 24,096,999$ Maximum Term of Debt (in years)25 Interest Rate 5.50% Year Principal Balance Interest Principal Total Payment Initial Balance 24,096,999$ 2014 23,625,918$ 1,325,335$ 471,081$ 1,796,416$ 2015 23,128,928$ 1,299,426$ 496,990$ 1,796,416$ 2016 22,604,603$ 1,272,091$ 524,325$ 1,796,416$ 2017 22,051,441$ 1,243,253$ 553,162$ 1,796,416$ 2018 21,467,855$ 1,212,829$ 583,586$ 1,796,416$ 2019 20,852,171$ 1,180,732$ 615,684$ 1,796,416$ 2020 20,202,625$ 1,146,869$ 649,546$ 1,796,416$ 2021 19,517,353$ 1,111,144$ 685,271$ 1,796,416$ 2022 18,794,392$ 1,073,454$ 722,961$ 1,796,416$ 2023 18,031,668$ 1,033,692$ 762,724$ 1,796,416$ 2024 17,226,994$ 991,742$ 804,674$ 1,796,416$ 2025 16,378,063$ 947,485$ 848,931$ 1,796,416$ 2026 15,482,441$ 900,793$ 895,622$ 1,796,416$ 2027 14,537,559$ 851,534$ 944,881$ 1,796,416$ 2028 13,540,709$ 799,566$ 996,850$ 1,796,416$ 2029 12,489,033$ 744,739$ 1,051,677$ 1,796,416$ 2030 11,379,514$ 686,897$ 1,109,519$ 1,796,416$ 2031 10,208,971$ 625,873$ 1,170,542$ 1,796,416$ 2032 8,974,049$ 561,493$ 1,234,922$ 1,796,416$ 2033 7,671,206$ 493,573$ 1,302,843$ 1,796,416$ Schwab Realty Develpment Table 7 Debt Service No TIF Assistance483 of 493 Evanston Plaza Evanston IL Financial Gap Analysis Debt Service With TIF Principal Balance 17,346,999$ Maximum Term of Debt (in years)25 Interest Rate 5.50% Year Principal Balance Interest Principal Total Payment Initial Balance 17,346,999$ 2014 17,007,876$ 954,085$ 339,123$ 1,293,208$ 2015 16,650,102$ 935,433$ 357,774$ 1,293,208$ 2016 16,272,650$ 915,756$ 377,452$ 1,293,208$ 2017 15,874,438$ 894,996$ 398,212$ 1,293,208$ 2018 15,454,325$ 873,094$ 420,113$ 1,293,208$ 2019 15,011,105$ 849,988$ 443,220$ 1,293,208$ 2020 14,543,508$ 825,611$ 467,597$ 1,293,208$ 2021 14,050,194$ 799,893$ 493,315$ 1,293,208$ 2022 13,529,747$ 772,761$ 520,447$ 1,293,208$ 2023 12,980,675$ 744,136$ 549,071$ 1,293,208$ 2024 12,401,405$ 713,937$ 579,270$ 1,293,208$ 2025 11,790,275$ 682,077$ 611,130$ 1,293,208$ 2026 11,145,532$ 648,465$ 644,742$ 1,293,208$ 2027 10,465,329$ 613,004$ 680,203$ 1,293,208$ 2028 9,747,715$ 575,593$ 717,614$ 1,293,208$ 2029 8,990,631$ 536,124$ 757,083$ 1,293,208$ 2030 8,191,909$ 494,485$ 798,723$ 1,293,208$ 2031 7,349,256$ 450,555$ 842,653$ 1,293,208$ 2032 6,460,258$ 404,209$ 888,998$ 1,293,208$ 2033 5,522,364$ 355,314$ 937,893$ 1,293,208$ Schwab Realty Develpment Table 8 Debt Service With TIF Assistance484 of 493 58-R-14 A RESOLUTION Authorizing the City Manager to Negotiate a 7/25/2014 9/2/2014 TIF Redevelopment Agreement with the Contract Purchaser, Azzurri of Evanston, Inc. of the Evanston Plaza Shopping Center ("Dempster Dodge") 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 and directed to restate the City's original commitment stated in Resolution 54-R-12 "Authorizing the City Manager to Negotiate a TIF Redevelopment Agreement Regarding the Evanston Plaza Shopping Center" for a total of Two Million Dollars ($2,000,000) of TIF funds to be distributed to the property owner, Bonnie Management Company, for TIF eligible activities. SECTION 2: The Evanston Plaza Shopping Center property, which is legally described in Exhibit 1 (the "Property"), is under contract to be purchased by Azzurri of Evanston, Inc. ("Azzurri"), an Illinois corporation and this Resolution authorizes that the substitution of the party to negotiate with on the TIF Redevelopment Agreement to be Azzurri. If Azzurri of Evanston does not purchase the Property, the City will continue to negotiate with the current owner, Bonnie Management Company. SECTION 3: Any such negotiated RDA shall: not have a term that extends beyond December 31, 2019; limit the total amount ofTIF funds to be distributed to Azzurri to Two million dollars ($2,000,000); expressly limit the use of said funds to tenant improvements, site improvements, and/or canopy repair. 485 of 493 58-R-14 SECTION 4: Any such RDA shall be subject to approval of the City Council, which hereby reserves the right to reject any and all negotiations. SECTION 5: This resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Adopted: ~t:'eC ??, 2014 -2- 486 of 493 58-R-14 EXHIBIT 1 Legal Description THAT PART OF THE NORTH HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27, 1987 AS DOCUMENT NO. 87162463; THENCE SOUTHWESTERLY, WESTERLY, SOUTHWESTERLY, SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE; THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET; THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET; THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION, BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20, 1992 AS DOCUMENT NO. 92349794; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS, INC. CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET, AN ARC LENGTH OF 6445 FEET TOA POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TOA POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION; THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEAT'S RESUBDIVISION, BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28, 1989 AS DOCUMENT NO. 89458950; THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE; THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET; THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OFWAY LINE TO THE POINT OF BEGINNING. Common Street Address: Retail/commercial parcels southwest of the intersection of 487 of 493 58-R-14 Dempster Street and Dodge Avenue in Evanston, Illinois. -4- 488 of 493 6/21/2012 54·R·12 A RESOLUTION Authorizing the City Manager to Negotiate a TIF Redevelopment Agreement Regarding the Evanston Plaza Shopping Center ("Dempster Dodge") 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 and directed to negotiate a Tax Increment Financing ("TIF")redevelopment agreement ("RDA")with Bonnie Management Corp.("Bonnie"),owner of the property that is legally and generally described in Exhibits A and B,attached hereto and incorporated herein by reference, commonly known as Evanston Plaza Shopping Center (the "Subject Property"). SECTION 2:Any such negotiated RDA shall:not have a term that extends beyond December 31,2019;limit the total amount ofTIF funds to be distributed to Bonnie to two million dollars ($2,000,000.00); expressly limit the use of said funds to tenant improvements,site improvements,andlor canopy repair. SECTION 3:Any such RDA shall be subject to approval of the City Council, which hereby reserves the right to reject any and all negotiations. SECTION 4:This resolution shall be in full force and effect from and after its passage,approval,and publication in the manner provided by law. 489 of 493 Att~Jt:/~-/~ROd~ne,City Clerk AdoPted:~j5 ,2012 eth B.Tisdahl,Mayor 54-R-12 490 of 493 54-R-12 EXHIBIT A Legal Description THAT PART OF THE NORTH HALF OF SECTION 24,TOWNSHIP 41 NORTH,RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,ILLINOIS,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 IN BANBURY THIRD CONSOLIDATION, BEING A PLAT IN THAT PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 27,1987 AS DOCUMENT NO. 87162463;THENCE SOUTHWESTERLY,WESTERLY,SOUTHWESTERLY,SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID LOT 1 TO A POINT THAT IS 241.64 FEET NORTHWESTERLY OF THE MOST SOUTHWESTERLY CORNER OF SAID LOT 1 AS MEASURED ALONG SAID NORTHWESTERLY LINE;THENCE SOUTHEASTERLY AT A RIGHT ANGLE TO SAID NORTHWESTERLY LINE 5.00 FEET;THENCE SOUTHWESTERLY ALONG A LINE 5.00 FEET SOUTHEASTERLY OF AND PARALLEL TO SAID NORTHWESTERLY LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET;THENCE EASTERLY ALONG SAID NORTH RIGHT-OF-WAY LINE OF GREENLEAF STREET TO THE SOUTHWEST CORNER OF LOT 1 IN ARENS CONTROLS,INC. CONSOLIDATION,BEING A PART OF THE NORTHWEST QUARTER OF SAID SECTION 24, ACCORDING TO THE PLAT THEREOF RECORDED MAY 20,1992 AS DOCUMENT NO. 92349794;THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1 IN ARENS CONTROLS,INC.CONSOLIDATION TO THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 1 TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 40.00 FEET,AN ARC LENGTH OF 64.45 FEET TO A POINT OF TANGENCY ON THE EAST LINE OF SAID LOT 1; THENCE SOUTHERLY ALONG SAID EAST LINE TO A CORNER POINT FOR LOT 1 IN SAID BANBURY THIRD CONSOLIDATION;THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF BROWN AVENUE;THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE OF BROWN AVENUE TO A POINT ON THE SOUTH LINE OF SAID LOT 1 IN BANBURY THIRD CONSOLIDATION;THENCE EASTERLY ALONG SAID SOUTH LINE OF LOT 1 AND THE EASTERLY EXTENSION THEREOF TO THE EAST RIGHT-OF-WAY LINE OF DODGE AVENUE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE TO THE NORTHWEST CORNER OF LOT 1 IN KEATS RESUBDIVISION,BEING A SUBDIVISION IN THE NORTHEAST QUARTER OF SAID SECTION 24,ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 28,1989 AS DOCUMENT NO.89458950;THENCE WESTERLY ALONG THE WESTERLY EXTENSION OF THE NORTH LINE OF SAID LOT 1 TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID DODGE AVENUE;THENCE NORTHERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF DEMPSTER STREET;THENCE WESTERLY, NORTHERLY AND WESTERLY ALONG SAID SOUTH RIGHT-OFWAY LINE TO THE POINT OF BEGINNING. 491 of 493 54-R-12 EXHIBIT B General Street Location Retail/commercial parcels southwest of the intersection of Dempster Street and Dodge Avenue in Evanston,Illinois. 492 of 493 DRAFT Dempster/Dodge TIF Projections - Funding Scenario Assumptions Frozen Base (10,816,879)$ Inflation 1.75% Discount Rate 4.00% 2013 EAV [2]6,253,624 2013 Equalizer 2.6621 Total Borrowed 2,000,000 Interest Rate 4.00% Annual Pmt $179,882 2014 Sales Price 20,000,000$ Assessment Rate 25% 2015 AV 5,000,000$ 2015 EAV 13,310,500$ TIF/FISCAL YEARS EXPENDITURES TIF Tax Year Triennial Reassessment EAV Frozen Incremental Tax Increment at Total Expenditures Year Base EAV EAV Tax Rate (Including Debt Service) 9.747% 3 2013 1,054,321$ 5.34%(10,816,879)$ -$ -$ 4 2014 1,054,321$ 0.00%(10,816,879)$ -$ -$ 5 2015 1,054,321$ 0.00%(10,816,879)$ 2,493,621$ 243,053$ 6 2016 1,054,321$ 5.34%13,310,500$ (10,816,879)$ 2,493,621$ 243,053$ (179,882)$ 7 2017 1,054,321$ 0.00%14,021,602$ (10,816,879)$ 3,204,723$ 312,364$ (179,882)$ 8 2018 1,054,321$ 0.00%14,021,602$ (10,816,879)$ 3,204,723$ 312,364$ (179,882)$ 9 2019 1,054,321$ 5.34%14,770,693$ (10,816,879)$ 3,953,814$ 385,378$ (179,882)$ 10 2020 1,054,321$ 0.00%14,770,693$ (10,816,879)$ 3,953,814$ 385,378$ (179,882)$ 11 2021 1,054,321$ 0.00%14,770,693$ (10,816,879)$ 3,953,814$ 385,378$ (179,882)$ 12 2022 1,054,321$ 5.34%15,559,804$ (10,816,879)$ 4,742,925$ 462,293$ (179,882)$ 13 2023 1,054,321$ 0.00%15,559,804$ (10,816,879)$ 4,742,925$ 462,293$ (179,882)$ 14 2024 1,054,321$ 0.00%15,559,804$ (10,816,879)$ 4,742,925$ 462,293$ (179,882)$ 15 2025 1,054,321$ 5.34%16,391,073$ (10,816,879)$ 5,574,194$ 543,317$ (179,882)$ 16 2026 1,054,321$ 0.00%16,391,073$ (10,816,879)$ 5,574,194$ 543,317$ (229,882)$ 17 2027 1,054,321$ 0.00%16,391,073$ (10,816,879)$ 5,574,194$ 543,317$ (254,882)$ 18 2028 1,054,321$ 5.34%17,266,751$ (10,816,879)$ 6,449,872$ 628,669$ (229,882)$ 19 2029 1,054,321$ 0.00%17,266,751$ (10,816,879)$ 6,449,872$ 628,669$ (264,882)$ 20 2030 1,054,321$ 0.00%17,266,751$ (10,816,879)$ 6,449,872$ 628,669$ (254,882)$ 21 2031 1,054,321$ 5.34%18,189,212$ (10,816,879)$ 7,372,333$ 718,581$ (85,000)$ 22 2032 1,054,321$ 0.00%18,189,212$ (10,816,879)$ 7,372,333$ 718,581$ (100,000)$ 23 2033 1,054,321$ 0.00%18,189,212$ (10,816,879)$ 7,372,333$ 718,581$ (125,000)$ 24 2034 5.34%(100,000)$ TOTAL 22,140,745$ 9,325,550$ (3,443,233)$ "Frozen" Property Tax (base) REVENUES 493 of 493