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Home My WebLink About02.09.15 Minutes CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, February 9, 2015 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee meets at 7:15 pm. City Council meeting will convene after conclusion of the P&D meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Wilson (II) Mayor Public Announcements (III) City Manager Public Announcements 2014 Police Crime Statistics 1st Installment Property Tax Payments Due March 3, 2015 Women out Walking (WOW) Kickoff & Orientation, Saturday, March 21, 2015 National “Kick Butts Day” – Campaign for Tobacco Free Kids, March 18, 2015 (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) Consent Agenda: Alderman Rainey (VII) Report of the Standing Committees Administration & Public Works - Alderman Burrus Planning & Development - Alderman Fiske Human Services - Alderman Braithwaite 1 of 567 City Council Agenda February 9, 2015 Page 2 of 9 (VIII) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (IX) Executive Session (X) Adjournment 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 (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 2 of 567 City Council Agenda February 9, 2015 Page 3 of 9 (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 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 3 of 567 City Council Agenda February 9, 2015 Page 4 of 9 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 (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 (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 4 of 567 City Council Agenda February 9, 2015 Page 5 of 9 (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 (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 5 of 567 City Council Agenda February 9, 2015 Page 6 of 9 (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 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 Northw est 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 6 of 567 City Council Agenda February 9, 2015 Page 7 of 9 (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 (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 7 of 567 City Council Agenda February 9, 2015 Page 8 of 9 (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 (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 (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 8 of 567 City Council Agenda February 9, 2015 Page 9 of 9 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 (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 (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 MEETINGS SCHEDULED THROUGH FEBRUARY 2015 Upcoming Aldermanic Committee Meetings Tues, Feb 17 7:30 pm Housing & Community Dev Act Ctte Wed, Feb 18 5:30 pm City-School Liaison Committee (at ETHS) Wed, Feb 18 6:30 pm M/W/EBE Advisory Committee Mon, Feb 23 6 pm A&PW, P&D, City Council 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 567 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, January 26, 2015 Roll Call: Alderman Grover Alderman Wynne Alderman Rainey Alderman Wilson Alderman Burrus Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 8:01 PM, after a quorum was established with the Roll Call Mayor Public Announcements and Proclamation Black History Month February 2015 African American Achievement Awards will occur at ETHS on January 27th at 7:00 PM Evanston Town Hall Meeting on Saturday, January 31, 2015 in the Levy Center 1:00 pm- 3:00 pm (sponsored by Dr. James founder of Hope) United States Conference of Mayors 1st Place Award for National Summer Youth Jobs Challenge (she passed the acrylic award around the Dias). Mr. McRae, Deputy City Manager announced the Job Fair 8:00 am-1:00pm at ETHS on March 28th. City Manager Public Announcements Earth Hour Contest: was presented by Catherine Hurley, Sustainability Manager. Evanston has been chosen as one of three around the world as a US Earth Hour Capital. “We Love Evanston” is the contest to vote for your favorite city to win this contest. Discussion of February City Council Meeting Dates was shared by the City Manager. He suggested to meet not on February 16th but have a meeting on February 23rd. Starting the AP&W meeting at 6 PM, the P&D meeting to follow immediately, and then the Council immediately after that. The Council members agreed with the suggestion. He also announced no Rules Committee meeting for February 2nd is cancelled and the Human Services Committee will be on Feb. 2nd at 6:00. Communications: City Clerk Clerk Greene announced the early voting will take place on March 23, 2015 – April 4, 2015 here in the Lorraine H. Morton Civic Center, room 2200. Times for voting will be posted later. The Last day to register is March 10, 2015. Election day is April 7, 2015. 10 of 567 City Council Agenda January 26, 2015 Page 2 of 8 Public Comment The following residents spoke on SP1 (Penny Park): George Rieger is a 40 year resident who was also involved with the planning of the park. Lauren Barski she presented letters from the 5th grade students at Dawes who support keeping the park. Tom Sheridan Alex Anon believes the current structure could be Katie Young a 5th grader read her remarks and shared her petition with her school and soccer team. She asked to keep the Park and just renovate not demolish. The Clerk received her petition. Eula Biss expressed her vision and the excited energy that’s viewed by the neighbors. Chris Gaggero has a daughter in the 5th grade at Dewey and talked about the history of the city and the park, and the structure of the park should stay the same. Marc Casady is a Park & Recreation Board member who encouraged all to come to their meetings Junad Rizki was concerned with the issue of what’s going on with the water department, and he wants Northwestern to pay if and when the tank will be moved. Non-Agenda items: Eric Paset Parking issues (Custer/Main) talked about the unfair parking tickets he and his employees have received and he is looking for help. City Manager instructed Ms. Nyden to go out and talk with Mr. Paset to solve his complaint. Virginia Mann (animal control) the suggestion was to have a Professional shelter run by experienced shelter Professionals who could best serve Evanston pets and owners. Martha Moser (Revolution Spin) spoke of her concerns and issues with Margaret Tarr (Revolution Spin) Items not approved on Consent Agenda: (A12) Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation Network Providers City staff submits Ordinance 109-O-14 for City Council consideration. City staff was directed to draft an ordinance to regulate transportation network providers such as Uber, Sidecar, and Lyft. This ordinance was held at the Administration and Public Works Committee on January 12, 2015. For Introduction (P3) Ordinance 152-O-14, Amending Hotel-Motel Tax to Add Bed and Breakfast Establishments Staff submits at request of Alderman Fiske consideration of Ordinance 152-O-14 which expands the type of accommodations subject to the Hotel-Motel Tax. For Introduction SPECIAL ORDER OF BUSINESS 11 of 567 City Council Agenda January 26, 2015 Page 3 of 8 (SP1) Penny Park Project Update and Request for City Council Direction Staff request City Council receive this update regarding the Penny Park improvement process and provide direction to staff on how to proceed with the Penny Park improvement project including the type of material to be used for the playground equipment, ADA compliance issues and potential restroom and pavilion additions. For Discussion Alderman Tendam motioned to have the item to go to the Parks & Recreation Board for further evaluation and direction to address the concerns from the citizens. It was seconded by Alderman Burrus and a Voice Vote to send to the board was agreed on. CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of January 12, 2015. For Action ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through January 11, 2015 $2,853,768.41 (A2) FY2014 City of Evanston Bills – January 27, 2015 $1,150,586.73 FY2015 City of Evanston Bills – January 27, 2015 $ 252,606.25 For Action (A3.1) Approval of Sole Source Renewal of Annual Accela (PAL) Maintenance and Support Agreement Staff recommends that City Council authorize the City Manager to renew the existing sole source agreement with Accela Inc. (2633 Camino Ramon, San Ramon, CA), year 9 of the City’s 10 year contract in the amount of $128,362.82. This renewal agreement will cover the period of March 15, 2015 through March 14, 2016. Funding is provided from the Information Technology Division Computer Licensing and Support Account 100.19.1932.62340 with a 2015 Budget of $138,850. For Action (A3.2) Approval of Sole Source Renewal of Police Service Agreement with Motorola Solutions, Inc. Staff recommends that City Council authorize the City Manager to renew the annual sole source service agreement with Motorola Solutions, Inc. (1309 East Algonquin Road., Schaumburg, IL) for the amount of $77,092.92. The Agreement is effective from January 1, 2015 through December 31, 2015. Funding will be provided by the Emergency Telephone System Service Agreements & Contracts Account 205.22.5150.62509 with a FY2015 Budget of $237,000. For Action (A3.3) Approval of Sole Source Renewal of Otis Elevator Maintenance Contract Staff recommends that City Council authorize the City Manager to renew the sole 12 of 567 City Council Agenda January 26, 2015 Page 4 of 8 source service and maintenance agreement with OTIS Elevator Corporation (949 Oak Creek Drive, Lombard, IL) for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages for a 1-year term at a cost of $64,208.76. The proposed 1-year service agreement is effective January 1, 2015 to December 31, 2015, and provides for a decrease from last year’s fees of approximately 7 percent. Funding is provided by budgeted accounts for the four structures. For Action (A3.4) Approval of Solid Waste Agency of Northern Cook County (SWANCC) Disposal Fees for FY 2015 Staff recommends City Council approval of the 2015 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in not to exceed amounts of $60,000 for capital costs, $800,000 for operations and maintenance and $20,000 in recycling transfer fees. Funding is provided by the Solid Waste Fund Accounts: 520.26.7685.68310 (capital); 520.26.7685.62405 (operations and maintenance); and 520.26.7690.62415 (recycling). For Action (A3.5) Approval of Renewal of the Service Provider Agreement with Presence Behavioral Health Staff recommends that City Council authorize the City Manager to renew the Service Provider Agreement with Presence Behavioral Health (Presence Health) for the provision of 24-hour Crisis Line Access, Mental Health Crisis Intervention and various community outreach and education services at a cost of $73,333.33. The agreement is dated January 1, 2015 to December 31, 2015. Funding is provided by the Health and Human Services Department Account 176.24.4651.62491. For Action (A4) Approval of Change Order No. 2 for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 2 for the 48-Inch Diameter Intake Improvements with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH). This change order will extend the contract duration by 110 days from April 12, 2015 to July 31, 2015. There will be no change to the current contract amount of $1,403,122. For Action (A5) Town of Evanston FY2013 Audited Annual Financial Report Town of Evanston FY 2014 Jan-April 30 Audited Annual Financial Report Staff recommends that the Town of Evanston FY2013 Audited Annual Financial Report and the FY2014 Jan-April Audited Annual Financial Report be accepted and placed on file. For Action: Accept and Place on File (A6) Resolution 6-R-15 Authorizing that Payments Relating to the FY 2015 Capital Improvement Plan (C.I.P) Projects Be Reimbursed by the 13 of 567 City Council Agenda January 26, 2015 Page 5 of 8 Subsequent 2015 General Obligation (G.O.) Bond Issuance Staff recommends City Council adoption of Resolution 6-R-15 authorizing that payments relating to FY2015 Capital Improvement Plan (C.I.P.) project expenditures up to $14,320,650 be reimbursed by the subsequent 2015 General Obligation (G.O.) bond issuance. For Action (A7) Resolution 7-R-15, Modification of Loan Terms for Chicago’s Home of Chicken & Waffles Located at 2424 Dempster Street Staff submits for consideration Resolution 7-R-15 a modification of terms of the loan agreement between the City of Evanston and Chicago’s Home of Chicken and Waffles. For Action (A8) Ordinance 149-O-14 Amending the Water Supply Contract with the Northwest Water Commission Staff recommends City Council adoption of Ordinance 149-O-14 authorizing the City Manager to execute Amendment No. 2 to the amended and restated Water Supply Contract between the Northwest Water Commission and the City of Evanston. The proposed amendment provides language that would allow Evanston to feed two chemicals directly into the Commission’s pipeline. For Introduction (A9) Ordinance 10-O-15, Amending City Code Title 4, Chapter 5, “Plumbing Code” to Adopt the Illinois Plumbing Code Staff recommends City Council adoption of Ordinance 10-O-15, amending City Code Title 4, Chapter 5, “Plumbing Code.” This ordinance would adopt the Illinois Plumbing Code (“IPC”) in its current form, without modification. The Illinois Department of Public Health requires all municipalities to adopt the most current IPC. For Introduction (A10) Ordinance 2-O-15, Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of City-Owned Real Property at 629-631 Howard Street to Ward Eight, LLC Staff recommends City Council adoption of Ordinance 2-O-15, “Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of Certain City- Owned Real Property Located at 629-631 Howard Street, Evanston, Illinois.” A two-thirds majority of City Council is required to adopt Ordinance 2-O-15. For Introduction (A11) Ordinance 14-O-15, Amending City Code Section 3-4-6-(P) to Allow for the Retail Sale of Alcohol for On-Site Consumption Local Liquor Commissioner recommends City Council adoption of Ordinance 14- O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(P), as amended, to permit the retail sale of alcohol for on-site consumption by persons of at least twenty-one (21) years of age. For Introduction 14 of 567 City Council Agenda January 26, 2015 Page 6 of 8 (A13) Ordinance 124-O-14, Amending Title 10, Motor Vehicles and Traffic, Chapter 6, Traffic Schedules, Section 2 (B), Authority to Remove Vehicles The Transportation/Parking Committee and City staff recommend that the City Council adopt Ordinance 124-O-14, amending Title 10, Chapter 6, Section 2(A) adding Line 18 to allow towing for vehicles physically obstructing a fire hydrant and adding Section 2(B) providing 48-hour notice when temporary tow signs are posted. This ordinance was introduced at the January 12, 2015 City Council meeting. For Action (A14) Ordinance 7-O-15, Residential Exemption Parking District ‘B’ Staff and the Transportation/Parking Committee recommend that the City Council adopt Ordinance 7-O-15. amending the City Code by creating Subsection 10-11- 10 (M), Schedule X to include two hour parking limits between 9 am and 9 pm on Church Street and Hinman Avenue. This ordinance was introduced at the January 12, 2015 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 13-O-15, Granting Zoning Relief for an Open Parking Space in the Front Yard at 521 Ridge Avenue The Zoning Board of Appeals recommends the adoption of Ordinance 13-O-15 granting zoning relief to establish one open parking space in the front yard at 521 Ridge Avenue. City staff recommends that if City Council chooses to approve the zoning relief, a condition be imposed for the removal of the extraneous curb cut and driveway apron on Elmwood Avenue. For Introduction (P2) Ordinance 12-O-15, Granting a Special Use for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 12-O-15 granting a special use permit for a Type 2 Restaurant, Clucker’s Charcoal Chicken, in the B1 Business District. For Introduction (P4) Ordinance 3-O-15, Granting a Special Use for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, at 1241 Chicago Avenue The Zoning Board of Appeals and City staff recommend adoption of Ordinance 3- O-15 granting a special use permit for a Type 2 Restaurant, Jimmy John’s Gourmet Sandwiches, in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. This ordinance was introduced at the January 12, 2015 City Council meeting. For Action APPOINTMENTS 15 of 567 City Council Agenda January 26, 2015 Page 7 of 8 (APP1)For Appointment to: Harley Clarke Citizens Committee Gary Schumacher Harley Clarke Citizens Committee Amina DiMarco Harley Clarke Citizens Committee Linda Damashek Harley Clarke Citizens Committee Steve Hagerty Harley Clarke Citizens Committee Dawn Zeinemann Commission On Aging Susan Morse Commission On Aging David Sutor Ladd Arboretum Committee Wendy Pollock Ladd Arboretum Committee Charles Smith Public Safety Civil Service Commission Mary Erickson For Action Alderman Rainey motioned for approval of the Consent Agenda and seconded by Alderman Tendam. With a 9-0 Roll Call Vote the Consent Agenda was approved. Items for discussion: (A12) Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation Network Providers City staff submits Ordinance 109-O-14 for City Council consideration. City staff was directed to draft an ordinance to regulate transportation network providers such as Uber, Sidecar, and Lyft. This ordinance was held at the Administration and Public Works Committee on January 12, 2015. For Introduction Alderman Holmes stated the committee decided to hold and to have staff design a Resolution that would mirror the State’s regulations and it was seconded by Alderman Burrus. (P3) Ordinance 152-O-14, Amending Hotel-Motel Tax to Add Bed and Breakfast Establishments Staff submits at request of Alderman Fiske consideration of Ordinance 152-O-14 which expands the type of accommodations subject to the Hotel-Motel Tax. For Introduction Alderman Fiske stated the item was held in committee for more information from staff. Call of the Wards: Ward 7, Ald. Grover thanked Ald. Tendam for a great joint meeting. She also mentioned the State of the Schools Event, Thursday, Jan. 29th at 7 PM at ETHS. Ward 8, Ald. Rainey announced the joint 8th and 9th ward meeting on February 5th at ] Little Beans Café, and she reached out to Women’s League of Voters to come and register residents including herself. Ward 9, Ald. Burrus is looking forward to seeing all at their joint meeting she also extended an invitation to the press. She will include in her March newsletter the School 16 of 567 City Council Agenda January 26, 2015 Page 8 of 8 district candidates. Valley Produce will be in attendance as well. Ward 1, Ald. Fiske sent out best wishes for Ricky Voss’s speedy recovery, and Marty Lyons one of the walking wounded. Ward 2, Ald. Braithwaite reminded 2nd ward residents of the February 12th ward meeting at 7 PM. Ward 3, Ald. Wynne had no report. Ward 4, Ald. Wilson had no report. Ward 5, Ald. Holmes said she had the opportunity to be at Chicken & Waffle with other residents and friends to welcome the Jackie Robinson West Little League Championship team. Ward 6, Ald. Tendam he thanked Ald. Grover for a great joint meeting that was successful as well as thanking the staff that helped as well. Mayor Tisdahl asked for a motion to adjourn and it was 2nd by Ald. Burrus. The Regular Meeting of the City Council ended at 9:50 PM. with a Voice Vote. Submitted by, Hon. Rodney Greene, MMC City Clerk All documents that were presented during the meeting can be viewed in the Clerk’s Office, room 1220 in the Lorraine H. Morton Civic Center. 17 of 567 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, February 9, 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 January 26, 2015 III. ITEMS FOR CONSIDERATION (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 (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 Page 1; Rev. 2/6/2015 9:56:08 AM 18 of 567 (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 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 Page 2; Rev. 2/6/2015 9:56:08 AM 19 of 567 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 (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 (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 Page 3; Rev. 2/6/2015 9:56:08 AM 20 of 567 (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 (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 Page 4; Rev. 2/6/2015 9:56:08 AM 21 of 567 (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 (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 V. COMMUNICATIONS VI. ADJOURNMENT Page 5; Rev. 2/6/2015 9:56:08 AM 22 of 567 Administration and Public Works Committee Meeting Minutes of January 26, 2015 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, J. Grover, C. Burrus, P. Braithwaite, A. Rainey STAFF PRESENT: D. Stoneback, G. Farrar, W. Bobkiewicz, J. Williams-Kinsel, J. Nyden, Mayor Tisdahl, L. Jeschke, M. Lyons, L. Biggs, J. Maiworm, B. Dorneker, S. Robinson, C. Hurley, R. Eddington, J. Calderon, E. Storlie STAFF ABSENT: M. Muenzer, M. Sumar, Chief Klaiber, E. Thomas-Smith, R. Voss, A. Porta, A. Thorpe PRESIDING OFFICIAL: Ald. Holmes I. DECLARATION OF A QUORUM A quorum being present, Ald. Holmes called the meeting to order at 6:08 p.m. II. APPROVAL OF MINUTES OF REGULAR MEETING OF January 12, 2015 Ald. Burrus moved to approve the minutes of the January 12, 2015 A&PW meeting as submitted, seconded by Ald. Braithwaite. The minutes of the January 12, 2015 meeting were approved unanimously 5-0. Citizen Comments Junad Rizki, 2784 Sheridan, questioned which organization would be responsible for paying for A4 and urged City Council to review the Water Supply Contract with the Northwest Water Commission. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through January 11, 2015 $2,853,768.41 For Action Ald. Holmes moved to approve the City of Evanston Payroll (A1) through January 11, 2015, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the payroll. (A2) FY2014 City of Evanston Bills – January 27, 2015 $1,150,586.73 FY2015 City of Evanston Bills – January 27, 2015 $ 252,606.25 For Action DRAFT – NOT APPROVED 23 of 567 Administration and Public Works Committee Meeting Minutes of 1- 26-15 Page 2 of 11 Ald. Holmes moved to approve the City of Evanston Bills for fiscal year 2014 through January 27, 2015 and the City of Evanston Bills for fiscal year 2015 through January 27, 2015, seconded by Ald. Burrus. Ald. Rainey requested a photo of the art on Sherman to go with the description. Marty Lyons replied that staff was currently looking for pictures; the contract only included a written description. City Manager Wally Bobkiewicz replied that a tour took place in 2012. The piece includes multiple panes of glass and is best viewed at night. He suggested another tour and offered to take a video of the piece. The Committee voted unanimously 5-0 to approve the bills. (A3.1) Approval of Sole Source Renewal of Annual Accela (PAL) Maintenance and Support Agreement Staff recommends that City Council authorize the City Manager to renew the existing sole source agreement with Accela Inc. (2633 Camino Ramon, San Ramon, CA), year 9 of the City’s 10 year contract in the amount of $128,362.82. This renewal agreement will cover the period of March 15, 2015 through March 14, 2016. Funding is provided from the Information Technology Division Computer Licensing and Support Account 100.19.1932.62340 with a 2015 Budget of $138,850. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to renew the existing sole source agreement with Accela Inc. (2633 Camino Ramon, San Ramon, CA), year 9 of the City’s 10 year contract in the amount of $128,362.82, Ald. Burrus seconded. Ald. Rainey requested a definition of PAL. IT Division Manager Jose Calderon replied that PAL stands for Permits and Licensing. The Committee voted unanimously 5-0 to recommend renewal of the agreement. (A3.2) Approval of Sole Source Renewal of Police Service Agreement with Motorola Solutions, Inc. Staff recommends that City Council authorize the City Manager to renew the annual sole source service agreement with Motorola Solutions, Inc. (1309 East Algonquin Road., Schaumburg, IL) for the amount of $77,092.92. The Agreement is effective from January 1, 2015 through December 31, 2015. Funding will be provided by the Emergency Telephone System Service Agreements & Contracts Account 205.22.5150.62509 with a FY2015 Budget of $237,000. 24 of 567 Administration and Public Works Committee Meeting Minutes of 1- 26-15 Page 3 of 11 For Action Ald. Burrus moved to recommend City Council authorize the City Manager to renew the annual sole source service agreement with Motorola Solutions, Inc. (1309 East Algonquin Road., Schaumburg, IL) for the amount of $77,092.92. The Agreement is effective from January 1, 2015 through December 31, 2015, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend renewal of the agreement. (A3.3) Approval of Sole Source Renewal of Otis Elevator Maintenance Contract Staff recommends that City Council authorize the City Manager to renew the sole source service and maintenance agreement with OTIS Elevator Corporation (949 Oak Creek Drive, Lombard, IL) for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages for a 1-year term at a cost of $64,208.76. The proposed 1-year service agreement is effective January 1, 2015 to December 31, 2015, and provides for a decrease from last year’s fees of approximately 7 percent. Funding is provided by budgeted accounts for the four structures. For Action Ald. Rainey moved to recommend City Council authorize the City Manager to renew the sole source service and maintenance agreement with OTIS Elevator Corporation (949 Oak Creek Drive, Lombard, IL) for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages for a 1-year term at a cost of $64,208.76, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend renewal of the agreement. (A3.4) Approval of Solid Waste Agency of Northern Cook County (SWANCC) Disposal Fees for FY 2015 Staff recommends City Council approval of the 2015 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in not to exceed amounts of $60,000 for capital costs, $800,000 for operations and maintenance and $20,000 in recycling transfer fees. Funding is provided by the Solid Waste Fund Accounts: 520.26.7685.68310 (capital); 520.26.7685.62405 (operations and maintenance); and 520.26.7690.62415 (recycling). For Action Ald. Grover moved to recommend City Council approval of the 2015 refuse disposal fees to SWANCC (Solid Waste Agency of Northern Cook County) in not to exceed amounts of $60,000 for capital costs, $800,000 for operations and maintenance and $20,000 in recycling transfer fees, seconded by Ald. Braithwaite. 25 of 567 Administration and Public Works Committee Meeting Minutes of 1- 26-15 Page 4 of 11 Ald. Rainey asked about audits and if the communities involved reviewed numbers. Ald. Holmes asked if staff reviewed alternative providers. Ald. Rainey asked about the charges and requested to know where the garbage was sent. Director of Public Works Suzette Robinson replied that the waste was taken to Wisconsin and that internal audits were performed. Staff visited transfer station and monitored trucks. Ald. Rainey asked about the capital costs. Director Robinson replied that the capital costs are set each year and that the City is paying off bonds. Each year a budget is created. No improvements are made without the Board’s approval. The Mayor and City Manager both sit on the board. Ald. Grover pointed out that all reports and information were available on the SWANCC website. Assistant City Manager Marty Lyons pointed out that SWANCC’s current Executive Director, David Van Vooren, could come and present to the Committee. There was discussion about different transfer stations and office locations. There was also discussion about a past lawsuit against SWANCC. Ald. Holmes requested a presentation. Director Robinson agreed to arrange a presentation for one of the third Monday meetings in the upcoming months. The Committee voted unanimously 5-0 to approve the renewal of the agreement. (A3.5) Approval of Renewal of the Service Provider Agreement with Presence Behavioral Health Staff recommends that City Council authorize the City Manager to renew the Service Provider Agreement with Presence Behavioral Health (Presence Health) for the provision of 24-hour Crisis Line Access, Mental Health Crisis Intervention and various community outreach and education services at a cost of $73,333.33. The agreement is dated January 1, 2015 to December 31, 2015. Funding is provided by the Health and Human Services Department Account 176.24.4651.62491. For Action 26 of 567 Administration and Public Works Committee Meeting Minutes of 1- 26-15 Page 5 of 11 Ald. Holmes moved to recommend City Council authorize the City Manager to renew the Service Provider Agreement with Presence Behavioral Health (Presence Health) for the provision of 24-hour Crisis Line Access, Mental Health Crisis Intervention and various community outreach and education services at a cost of $73,333.33. The agreement is dated January 1, 2015 to December 31, 2015, seconded by Ald. Burrus. Ald. Braithwaite requested more information on the services provided. City Manager Bobkiewicz explained that Evonda Thomas-Smith was out sick, but that he could attest to the good relationship between the service provider and the City’s Fire and Police Departments. Specific numbers are available in the packet. The service was a missing component and fulfills a need. The Committee voted unanimously 5-0 to approve the renewal of the agreement. (A4) Approval of Change Order No. 2 for 48-Inch Diameter Water Intake Improvements (Bid 14-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 2 for the 48-Inch Diameter Intake Improvements with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH). This change order will extend the contract duration by 110 days from April 12, 2015 to July 31, 2015. There will be no change to the current contract amount of $1,403,122. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute Change Order No. 2 for the 48-Inch Diameter Intake Improvements with Lake Erie Diving, Inc. (362 Blackbrook Road, Painesville, OH), seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the Change Order. (A5) Town of Evanston FY2013 Audited Annual Financial Report Town of Evanston FY 2014 Jan-April 30 Audited Annual Financial Report Staff recommends that the Town of Evanston FY2013 Audited Annual Financial Report and the FY2014 Jan-April Audited Annual Financial Report be accepted and placed on file. For Action: Accept and Place on File Ald. Burrus moved to accept and place on file the Town of Evanston FY2013 Audited Annual Financial Report and the FY2014 Jan-April Audited Annual Financial Report, seconded by Ald. Grover. The Committee voted unanimously 5-0 to accept and place the reports on file. 27 of 567 Administration and Public Works Committee Meeting Minutes of 1- 26-15 Page 6 of 11 (A6) Resolution 6-R-15 Authorizing that Payments Relating to the FY 2015 Capital Improvement Plan (C.I.P) Projects Be Reimbursed by the Subsequent 2015 General Obligation (G.O.) Bond Issuance Staff recommends City Council adoption of Resolution 6-R-15 authorizing that payments relating to FY2015 Capital Improvement Plan (C.I.P.) project expenditures up to $14,320,650 be reimbursed by the subsequent 2015 General Obligation (G.O.) bond issuance. For Action Ald. Rainey moved to recommend City Council adoption of Resolution 6-R- 15 authorizing that payments relating to FY2015 Capital Improvement Plan (C.I.P.) project expenditures up to $14,320,650 be reimbursed by the subsequent 2015 General Obligation (G.O.) bond issuance, seconded by Ald. Grover. The Committee voted unanimously 5-0 to adopt the resolution. (A7) Resolution 7-R-15, Modification of Loan Terms for Chicago’s Home of Chicken & Waffles Located at 2424 Dempster Street Staff submits for consideration Resolution 7-R-15 a modification of terms of the loan agreement between the City of Evanston and Chicago’s Home of Chicken and Waffles. For Action Ald. Grover moved to accept Resolution 7-R-15 a modification of terms of the loan agreement between the City of Evanston and Chicago’s Home of Chicken and Waffles, seconded by Ald. Braithwaite. Ald. Rainey pointed out that there were two different proposals, one by the borrower and one by staff. Ald. Braithwaite replied that owners met with staff and agreed to move forward with staff’s recommendation. Economic Development Division Manager Johanna Nyden replied that City staff was working with the owners to modify the loan by adjusting the amortization schedule, but that the loan terms and interest rate would be the same. The changes are comparable to other loans. Ald. Rainey moved staff proposal to change the terms from a 20 year amortization rate to a 30 year amortization rate, but maintaining the interest rate and loan due date of March 1, 2020. The new payment would begin March 1, 2015. ED Division Manager Nyden confirmed and added that the outstanding balance of the existing loan would be added to the total loan. The Committee voted unanimously 5-0 to accept the modification terms. 28 of 567 Administration and Public Works Committee Meeting Minutes of 1- 26-15 Page 7 of 11 (A8) Ordinance 149-O-14 Amending the Water Supply Contract with the Northwest Water Commission Staff recommends City Council adoption of Ordinance 149-O-14 authorizing the City Manager to execute Amendment No. 2 to the amended and restated Water Supply Contract between the Northwest Water Commission and the City of Evanston. The proposed amendment provides language that would allow Evanston to feed two chemicals directly into the Commission’s pipeline. For Introduction Ald. Holmes moved to recommend City Council adopt 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, seconded by Ald. Grover. The Committee voted unanimously 5-0 to adopt the ordinance. (A9) Ordinance 10-O-15, Amending City Code Title 4, Chapter 5, “Plumbing Code” to Adopt the Illinois Plumbing Code Staff recommends City Council adoption of Ordinance 10-O-15, amending City Code Title 4, Chapter 5, “Plumbing Code.” This ordinance would adopt the Illinois Plumbing Code (“IPC”) in its current form, without modification. The Illinois Department of Public Health requires all municipalities to adopt the most current IPC. For Introduction Ald. Braithwaite moved to recommend City Council adopt Ordinance 10-O- 15, amending City Code Title 4, Chapter 5, “Plumbing Code” seconded by Ald. Burrus. The Committee voted unanimously 5-0 to adopt the ordinance. (A10) Ordinance 2-O-15, Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of City-Owned Real Property at 629-631 Howard Street to Ward Eight, LLC Staff recommends City Council adoption of Ordinance 2-O-15, “Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of Certain City- Owned Real Property Located at 629-631 Howard Street, Evanston, Illinois.” A two-thirds majority of City Council is required to adopt Ordinance 2-O-15. For Introduction Ald. Burrus moved to recommend City Council adopt 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” seconded by Ald. Rainey. The Committee voted unanimously 5-0 to adopt the ordinance. (A11) Ordinance 14-O-15, Amending City Code Section 3-4-6-(P) to Allow for the Retail Sale of Alcohol for On-Site Consumption 29 of 567 Administration and Public Works Committee Meeting Minutes of 1- 26-15 Page 8 of 11 Local Liquor Commissioner recommends City Council adoption of Ordinance 14- O-15, which amends Evanston City Code of 2012 Subsection 3-4-6-(P), as amended, to permit the retail sale of alcohol for on-site consumption by persons of at least twenty-one (21) years of age. For Introduction Ald. Rainey moved to recommend City Council adopt 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, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to adopt the ordinance. (A12) Ordinance 109-O-14, Adding Title 3, Chapter 31, Regarding Transportation Network Providers City staff submits Ordinance 109-O-14 for City Council consideration. City staff was directed to draft an ordinance to regulate transportation network providers such as Uber, Sidecar, and Lyft. This ordinance was held at the Administration and Public Works Committee on January 12, 2015. For Introduction Ald. Grover moved to recommend Ordinance 109-O-14 for City Council consideration. Ald. Rainey commended staff on the memo and presentation of options. She approved of letting the State regulate. City Manager Bobkiewicz thanked City Council Grant Farrar and stated that State regulation is now available. He recommends the Council direct the City Manager to have staff prepare a resolution stating that the City of Evanston wishes to have the State of Illinois and those laws govern the activities of the Transportation Network Providers. City staff would ensure that the businesses operating in Evanston would have the appropriate licensing with the State. Ald. Burrus agreed that it was a great approach. Ald. Grover pointed out that the State legislation addressed the primary concerns of public safety and consumer protection. The instant feedback mechanism enhances consumer protection as drivers get instant ratings on cleanliness and professionalism. She supports relying on State regulation. City Manager Bobkiewicz restated the request to have the Committee direct staff to prepare the appropriate resolution. Ald. Grover moved to direct the City Manager to have staff prepare a resolution stating that Illinois state law would regulate the licensing and operations of Transportation Network Providers, seconded by Ald. Tendam. 30 of 567 Administration and Public Works Committee Meeting Minutes of 1- 26-15 Page 9 of 11 The Committee voted unanimously 5-0 to direct staff to draft the resolution. IV. ITEMS FOR DISCUSSION (APW1)Multi-Family Recycling Pilot Staff recommends conducting a recycling pilot program aimed at increasing recycling in multi-family dwellings. For Discussion Director Robinson presented a report on the Multi-Family Recycling Pilot program. She opened by reviewing the current recycling operations including residential recycling, special pick-ups, business district/parking lot recycling and business district/parking lot refuse. She provided the hours of operation and a graph showing amounts collected since 2003. Recycled material collection has increased from 6 thousand tons to 9 thousand tons, but the City has reached a plateau. City staff proposes offering recycling options to multi-family units as a way of providing services to more Evanston residents; students and small businesses in particular have requested this service. She reviewed the fall pilot program which resulted in units saving money and diverting more materials to recycling. As a result of that success, she proposed expanding the pilot program and area. No extra staff would be needed since existing staff and equipment would be used to accommodate the program. She provided a scheduled for pick up and the number of addresses that would receive services. Ms. Robinson stated that the program would meet the Council’s stated goal of a 30% diversion rate. She outlined the benefits, including the financial benefits and closed by reviewing next steps. Staff will monitor the collection rates for three months and report findings in July 2015. Ald. Rainey asked about the distribution of educational materials. Director Robinson replied that staff was engaging with building maintenance. Ald. Rainey encouraged stronger outreach including talking to building residents, distributing postcards, and putting clear directions on all collection receptacles. Director Robinson pointed out that the receptacles were labeled. Ald. Rainey asked why the cans were black and not blue. Director Robinson replied that the receptacles came from the recycling center and were repurposed. Ald. Grover agreed with Ald. Rainey and suggested that residents may not know how to recycle and education is critical. She agrees that the pilot program addresses needs and is very pragmatic. She expressed interest in Evanston’s recycling capacity. Director Robinson stated that City wide diversion is 15% so there is great capacity and potential to divert more. 31 of 567 Administration and Public Works Committee Meeting Minutes of 1- 26-15 Page 10 of 11 Ald. Holmes suggested Aldermen promote at ward meetings and perhaps work with schools to educate children on recycling. Director Robinson stated that she was working with Sustainable Programs Coordinator Catherine Hurley to promote ideas within community. Ald. Rainey stated that in Portland, OR it is against the law for disposing food waste. There was discussion around food waste and ways to reduce waste. There was further discussion around Evanston’s recycling requirements and containers. (APW2)Treated Water Storage Report Staff is requesting City Council consideration of the Utilities Department plan to: 1) prepare an RFP to hire a consultant for the rehabilitation of clearwells 1-4, and 2) prepare an RFP to select a consultant to provide the engineering services for a new 5 million gallon clearwell at or near the current location. Citizen Comments Junad Rizki commented on the way the program would be funded and questioned which organizations would be responsible. He expressed concerns that water rates would increase, that projects would cost too much and take too long to complete. Richard Lanyon, Chair of the Utilities Commission, opened by explaining the role of the Utilities Commission and offered support for alternative B, repair, and alternative C, replacement. He further stated that replacement would be the best option and provided reasons for his claim. He closed by further stating recommendations from the Utilities Commission. Ald. Rainey asked if the contract with the Northwest Water Commission included a partial payment provision. Mr. Lanyon replied that it did. For Discussion Director of Utilities Dave Stoneback provided a report on the treated water storage study provided by CDM. He opened by defining a clearwell and describing the storage units and facilities and explaining the concerns as identified by the CDM study. He reviewed the key findings in depth, the modifications suggested by the report, and the improvements that would result from the modifications. He then outlined next steps including the repairs to clearwells 1-4 and the inspection and maintenance of clearwells 5-8. He then reviewed the four options for the 1934 clearwell structure; a lifecycle cost analysis was used to determine the best option. Director Stoneback reviewed the results of the analysis and the options. Staff recommends replacement and Director Stoneback offered loan options. He discussed rehabilitation plans and a timeline for work, financial obligations and repayment options. As a result of the 32 of 567 Administration and Public Works Committee Meeting Minutes of 1- 26-15 Page 11 of 11 structured payment plan, Director Stoneback stressed that there would be no increase in water rates. He closed by calling for questions. V. COMMUNICATIONS No communications to report. VI. ADJOURNMENT Ald. Burrus moved to adjourn, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 7:20p.m. Respectfully submitted, Jessica Wingader 33 of 567 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 04, 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 12, 2015 through January 25, 2015 $2,640,312.33 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – February 10, 2015 FY: 2014 $1,509,705.68 General Fund Amount – Bills list $ 345,677.02 FY: 2015 $ 2,185,481.03 General Fund Amount – Bills list $ 294,316.70 TOTAL AMOUNT OF BILLS LIST & PAYROLL $ 6,335,499.04 *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. Card Activity – Period End November 30, 2012 $ 111,700.60 Credit Card Activity – Period Ending December 31, 2014 $155,492.73 Attachments: Bills List, December Credit Card Transactions editCard Transactions For City Council meeting of February 09, 2015 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 34 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2014 100 GENERAL FUND 100 GENERAL SUPPORT 13040 ILLINOIS PAPER COMPANY COE COPY PAPER 2,898.00 13040 MSF GRAPHICS, INC.COE ENVELOPES 407.40 22730 BANK OF AMERICA *PURCHASING CARD-DECEMBER 14 155,492.73 41340 NOBILE, MATAIAS RETURN-UNCLAIMED PROPERTY 128.35 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS-CASE #14-31654 727.68 100 GENERAL SUPPORT Total 159,654.16 1505 CITY MANAGER 62295 WALTER BOBKIEWICZ BUSINESS MEALS FOR FY2014 2,808.70 1505 CITY MANAGER Total 2,808.70 1510 PUBLIC INFORMATION 62205 MARIACHI NORTHWESTERN ENTERTAINMENT-HISPANIC HERITAGE MONTH 300.00 1510 PUBLIC INFORMATION Total 300.00 1705 LEGAL ADMINISTRATION 62345 PACER SERVICE CENTER ELECTRONIC RESEARCH 90.90 65010 WEST GROUP PAYMENT CTR ELECTRONIC LEGAL SUBSCRIPTION 528.09 65010 WEST GROUP PAYMENT CTR LEGAL SUBSCRIPTION 807.69 1705 LEGAL ADMINISTRATION Total 1,426.68 1910 FINANCE DIVISION - REVENUE 62449 ILLINOIS SECRETARY OF STATE SUSPENDED LICENSE FEE 30.00 65095 OFFICE DEPOT OFFICE SUPPLIES 51.02 1910 FINANCE DIVISION - REVENUE Total 81.02 1920 FINANCE DIVISION - ACCOUNTING 62185 SMART RESOURCES, INC *EXECUTIVE ASSISTANT 1,155.20 1920 FINANCE DIVISION - ACCOUNTING Total 1,155.20 1925 FINANCE DIVISION - PURCHASING 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E 10.17.14 1,837.50 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E 10.24.14 1,837.50 62185 GOV TEMPS USA, LLC BUSINESS DIVERSITY COMPLIANCE OFFICER W/E 12.04.14 1,102.50 1925 FINANCE DIVISION - PURCHASING Total 4,777.50 1929 HUMAN RESOURCE DIVISION 62160 ILLINOIS STATE POLICE BACKGROUND CHECKS 40.00 62270 NORTH SHORE ENH OMEGA OMEGA PHYSICALS-QUARTERLY INVOICE 10,244.00 62509 EAP CONSULTANTS, INC.EAP CONSULTANTS-MONTHLY INVOICE 988.20 1929 HUMAN RESOURCE DIVISION Total 11,272.20 1932 INFORMATION TECHNOLOGY DIVI. 65555 DELL COMPUTER CORP.VMWARE LICENSING SERVER 19,705.00 1932 INFORMATION TECHNOLOGY DIVI. Total 19,705.00 1941 PARKING ENFORCEMENT & TICKETS 64005 COMED UTILITIES-DECEMBER 2014 88.41 64540 NEXTEL *COMMUNICATION CHARGES 414.08 1941 PARKING ENFORCEMENT & TICKETS Total 502.49 2120 HOUSING REHABILITATION 64540 NEXTEL *COMMUNICATION CHARGES 65.72 2120 HOUSING REHABILITATION Total 65.72 2126 BUILDING INSPECTION SERVICES 52080 SANTUCHO, LAURA PARTIAL REFUND 14INTR-0123 197.00 52090 SANTUCHO, LAURA PARTIAL REFUND 14INTR-0123 90.00 52095 SANTUCHO, LAURA PARTIAL REFUND 14INTR-0123 38.00 52110 SANTUCHO, LAURA PARTIAL REFUND 14INTR-0123 25.00 62425 ELEVATOR INSPECTION SERVICE ELEVATOR SERVICES (2014)3,809.00 64540 NEXTEL *COMMUNICATION CHARGES 97.70 2126 BUILDING INSPECTION SERVICES Total 4,256.70 35 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2014 2205 POLICE ADMINISTRATION 62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES-DECEMBER 2014 310.91 62375 WEST GROUP PAYMENT CTR INFORMATION CHARGES-NOVEMBER 2014 310.91 64005 COMED UTILITIES-DECEMBER 2014 227.16 64015 NICOR UTILITIES-DECEMBER 2014 334.10 2205 POLICE ADMINISTRATION Total 1,183.08 2210 PATROL OPERATIONS 65020 J. G. UNIFORMS, INC UNIFORMS 890.00 65020 KIESLER POLICE SUPPLY, INC.UNIFORMS 631.56 2210 PATROL OPERATIONS Total 1,521.56 2240 POLICE RECORDS 65095 OFFICE DEPOT OFFICE SUPPLIES-APPOINTMENT REFILL 9.00 65095 OFFICE DEPOT OFFICE SUPPLIES-CLOCK/FOLDER 50.45 65095 OFFICE DEPOT OFFICE SUPPLIES-CREDIT -87.77 65095 OFFICE DEPOT OFFICE SUPPLIES-FILE 13.29 65095 OFFICE DEPOT OFFICE SUPPLIES-FOLDER/FILE BOX 380.09 65095 OFFICE DEPOT OFFICE SUPPLIES-HANGING FILE FOLDERS 182.10 65095 OFFICE DEPOT OFFICE SUPPLIES-PHOTO REFILL 139.96 65095 OFFICE DEPOT OFFICE SUPPLIES-SURGE OUTLET 20.01 2240 POLICE RECORDS Total 707.13 2245 COMMUNICATIONS 64540 NEXTEL *COMMUNICATION CHARGES 0.60 2245 COMMUNICATIONS Total 0.60 2250 SERVICE DESK 65125 FEDERAL EXPRESS CORP.SHIPPING-PROPERTY 12.34 2250 SERVICE DESK Total 12.34 2255 OFFICE-PROFESSIONAL STANDARDS 61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 76.50 2255 OFFICE-PROFESSIONAL STANDARDS Total 76.50 2260 OFFICE OF ADMINISTRATION 62295 NORTH EAST REGIONAL TRAINING TRAINING 875.00 62295 STANLEY G. SAMSON TUITION REIMBURSEMENT-NSSF LE PROGRAM 325.00 62295 JUST, CLARA MEALS-EFFECTIVE INTERNET PRESENTATIONS 45.00 62295 CORRIE SVENDSON MEALS-INTERVIEWS AND INTERROGATIONS 45.00 62295 CHELSEA BROWN MEALS-ARREST AND SEARCH 45.00 62295 JEFFREY FAISON MEALS-ARREST AND SEARCH 45.00 62295 CHRISTOPHER SEEBACHER MEALS-FTO TRAINING 75.00 62295 RYAN CARRIGAN MEALS-FTO TRAINING 75.00 64565 COMCAST CABLE UTILITIES-DECEMBER 2014 24.21 2260 OFFICE OF ADMINISTRATION Total 1,554.21 2280 ANIMAL CONTROL 64015 NICOR UTILITIES-DECEMBER 2014 194.96 2280 ANIMAL CONTROL Total 194.96 2305 FIRE MGT & SUPPORT 64015 NICOR UTILITIES-DECEMBER 2014 2,516.78 64540 NEXTEL *COMMUNICATION CHARGES 503.94 65020 EVANSTON IMPRINTABLES, INC.UNIFORMS 1,034.69 65020 CHICAGO PROTECTIVE APPAREL UNIFORMS 1,448.20 2305 FIRE MGT & SUPPORT Total 5,503.61 2315 FIRE SUPPRESSION 53675 ANDRES MEDICAL BILLING DECEMBER AMBULANCE CHARGES 7,575.32 65095 OFFICE DEPOT OFFICE SUPPLIES 283.79 2315 FIRE SUPPRESSION Total 7,859.11 2407 HEALTH SERVICES ADMIN 65095 OFFICE DEPOT OFFICE SUPPLIES 105.98 2407 HEALTH SERVICES ADMIN Total 105.98 36 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2014 2435 FOOD AND ENVIRONMENTAL HEALTH 62210 ALLEGRA PRINT & IMAGING WINDOW ENVELOPES 286.00 62345 COOK COUNTY RECORDER OF DEEDS RECORDINGS 120.00 62469 NELS J. JOHNSON TREE EXPERTS, INC.REMOVAL OF TREES 325.00 62474 TEPIC LANDSCAPING, INC.MOWING AND CLEANING OF PROPERTIES 3,637.50 62477 NEXTEL *COMMUNICATION CHARGES 61.02 64540 NEXTEL *COMMUNICATION CHARGES 285.10 2435 FOOD AND ENVIRONMENTAL HEALTH Total 4,714.62 2610 MUNICIPAL SERVICE CENTER 64015 NICOR UTILITIES-DECEMBER 2014 1,124.47 65020 SILK SCREEN EXPRESS, INC.AFSCME UNIFORM PURCHASE-FALL 2014 19,788.37 65095 OFFICE DEPOT OFFICE SUPPLIES 196.31 2610 MUNICIPAL SERVICE CENTER Total 21,109.15 2630 TRAFFIC ENGINEERING 65095 OFFICE DEPOT OFFICE SUPPLIES 10.43 2630 TRAFFIC ENGINEERING Total 10.43 2640 TRAF. SIG. & ST. LIGHT. MAINT 64008 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 322.46 65070 MIDWEST FENCE COMPANY EMERGENCY GUARD RAIL REPAIRS 3,581.00 65070 UTILITY DYNAMICS CORPORATION LUMINAIRE SHIELDS 490.00 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 4,393.46 2650 PARKS AND FORESTRY ADMIN 64540 NEXTEL *COMMUNICATION CHARGES 611.80 65010 EVANSTON SIGNS GRAPHICS, INC.BANNERS 168.00 2650 PARKS AND FORESTRY ADMIN Total 779.80 2655 PARKS & FORESTRY MAINT. & OPER. 62195 COMED UTILITIES-DECEMBER 2014 31.68 64540 NEXTEL *COMMUNICATION CHARGES 78.41 2655 PARKS & FORESTRY MAINT. & OPER. Total 110.09 2665 STREETS AND SANITATION ADMINIS 64540 NEXTEL *COMMUNICATION CHARGES 1,443.33 65095 OFFICE DEPOT OFFICE SUPPLIES 209.57 65625 PATTEN INDUSTRIES GENERATOR RENTAL FOR SERVICE CENTER 2,378.75 2665 STREETS AND SANITATION ADMINIS Total 4,031.65 2670 STREET AND ALLEY MAINTENANCE 65055 OZINGA CHICAGO RMC, INC.CONCRETE 1,680.00 2670 STREET AND ALLEY MAINTENANCE Total 1,680.00 2677 FACILITIES 64540 NEXTEL *COMMUNICATION CHARGES 512.07 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES FOR CIVIC CENTER 2,867.37 65050 CHEMSEARCH DRAIN COBRA PROGRAM FACILITIES 560.00 2677 FACILITIES Total 3,939.44 3005 REC. MGMT. & GENERAL SUPPORT 64540 NEXTEL *COMMUNICATION CHARGES 57.66 3005 REC. MGMT. & GENERAL SUPPORT Total 57.66 3020 REC GENERAL SUPPORT 62210 ACTION PRINTING PRINTING OF EVANSTON LIFE MAGAZINE 18,257.11 3020 REC GENERAL SUPPORT Total 18,257.11 3025 PARK UTILITIES 64005 COMED UTILITIES-DECEMBER 2014 1,158.87 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 2,003.47 3025 PARK UTILITIES Total 3,162.34 37 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2014 3030 CROWN COMMUNITY CENTER 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 2,926.67 64015 NICOR UTILITIES-DECEMBER 2014 113.44 65050 FOX VALLEY FIRE & SAFETY FIRE ALARM REPAIR 859.00 65050 FOX VALLEY FIRE & SAFETY QUARTERLY SPRINKLER INSPECTION 174.00 65050 M.C. GLASS & MIRROR LLC REPLACE GLASS ON DOOR: ROOM C 183.17 3030 CROWN COMMUNITY CENTER Total 4,256.28 3035 CHANDLER COMMUNITY CENTER 62245 ALARM DETECTION SYSTEMS, INC.ALARM SERVICE 388.41 62506 NORTHWESTERN UNIVERSITY WORK STUDY STAFF 2,424.80 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 1,341.35 64015 NICOR UTILITIES-DECEMBER 2014 235.35 64540 NEXTEL *COMMUNICATION CHARGES 50.04 3035 CHANDLER COMMUNITY CENTER Total 4,439.95 3040 FLEETWOOD JOURDAIN COM CT 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 2,791.28 64015 NICOR UTILITIES-DECEMBER 2014 318.70 64540 NEXTEL *COMMUNICATION CHARGES 81.76 65095 ILLINOIS PAPER COMPANY OFFICE PAPER 130.40 65110 FOX VALLEY FIRE & SAFETY ALARM SERVICE 378.00 65110 TOBIN, CHRISTOPHER CLEAN & URETHANE GYM FLOOR / DANCE STUDIO 475.00 3040 FLEETWOOD JOURDAIN COM CT Total 4,175.14 3045 FLEETWOOD/JOURDAIN THEATR 62375 ROSS, MICHAEL ECT FALL 2015 LIGHTING AND AUDIO 1,426.40 62375 ROSS, MICHAEL SOUND SERVICE 350.00 62505 AGUIRRE, NICHOLIA THEATRE PROGRAMS 1,036.00 62505 JUNEITHA SHAMBEE PROFESSIONAL SERVICES (NOT OTH 1,081.50 62511 KEVIN SPARKMON PRIVATE SECURITY FOR RENTAL WITH ALCOHOL 136.00 3045 FLEETWOOD/JOURDAIN THEATR Total 4,029.90 3055 LEVY CENTER SENIOR SERVICES 61062 KEVIN SPARKMON PRIVATE SECURITY FOR RENTAL WITH ALCOHOL 384.00 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 4,387.54 64015 NICOR UTILITIES-DECEMBER 2014 330.67 64540 NEXTEL *COMMUNICATION CHARGES 27.32 3055 LEVY CENTER SENIOR SERVICES Total 5,129.53 3080 BEACHES 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 110.64 64540 NEXTEL *COMMUNICATION CHARGES 215.01 3080 BEACHES Total 325.65 3095 CROWN ICE RINK 62245 MCCAULEY MECHANICAL SERVICE COMPRESSOR ICE MAKER #2 577.00 62245 MCCAULEY MECHANICAL SERVICE HEAT PUMP REPAIR 384.50 62245 MCCAULEY MECHANICAL SERVICE MATERIALS FOR LOBBY AC REPAIRS 1,494.45 62245 MCCAULEY MECHANICAL SERVICE REPAIR GYM UNIT 1,336.00 62245 MCCAULEY MECHANICAL SERVICE REPAIR OF ICE INK COMPRESSORS 690.00 62245 PARKS PLUMBING & SEWER INVESTIGATION & CONSULT: WATER INFILTRATION 149.00 62245 SCS PRODUCTIONS LIGHTING FOR THE NUTCRACKER ICE SHOW 5,206.00 62251 MCCAULEY MECHANICAL SERVICE REPAIR TO COMPRESSOR ICE MAKER #3 1,106.80 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 8,780.01 64015 NICOR UTILITIES-DECEMBER 2014 340.30 64540 NEXTEL *COMMUNICATION CHARGES 161.71 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 1,203.90 65095 NEXTIME, INC TIME CARDS FOR OFFICE 64.83 65110 MCCAULEY MECHANICAL SERVICE REPAIR OF ICE INK COMPRESSORS 2,623.00 65110 SCHWARTZHOFF CLEANERS CLEANING & STORAGE FOR ICE SHOW BACKDROPS 700.00 65110 REVOLUTION, LLC NUTCRACKER ICE SHOW COSTUMES 5,750.73 3095 CROWN ICE RINK Total 30,568.23 3130 SPECIAL RECREATION 64540 NEXTEL *COMMUNICATION CHARGES 31.84 3130 SPECIAL RECREATION Total 31.84 38 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2014 3140 BUS PROGRAM 64540 NEXTEL *COMMUNICATION CHARGES 27.32 3140 BUS PROGRAM Total 27.32 3150 PARK SERVICE UNIT 64540 NEXTEL *COMMUNICATION CHARGES 54.64 3150 PARK SERVICE UNIT Total 54.64 3215 YOUTH ENGAGEMENT DIVISION 62205 EVANSTON SIGNS GRAPHICS, INC.TABLECLOTHS FOR RESOURCE FAIR 320.00 3215 YOUTH ENGAGEMENT DIVISION Total 320.00 3605 ECOLOGY CENTER 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 473.60 65050 SPECIALTY FLOORS, INC.FLOOR CLEANING 1,195.00 3605 ECOLOGY CENTER Total 1,668.60 3610 ECO-QUEST DAY CAMP 64540 NEXTEL *COMMUNICATION CHARGES 22.72 3610 ECO-QUEST DAY CAMP Total 22.72 3710 NOYES CULTURAL ARTS CENTER 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 1,644.76 64015 NICOR UTILITIES-DECEMBER 2014 416.26 64540 NEXTEL *COMMUNICATION CHARGES 79.52 3710 NOYES CULTURAL ARTS CENTER Total 2,140.54 3720 CULTURAL ARTS PROGRAMS 62506 NORTHWESTERN UNIVERSITY WORK STUDY OCT 1 - DEC 31 2014 379.50 62511 FRERK, THOMAS G ARTIST FOR WINTER BREAK CAMP 250.00 3720 CULTURAL ARTS PROGRAMS Total 629.50 3806 CIVIC CENTER SERVICES 64005 COMED UTILITIES-DECEMBER 2014 276.14 64015 NICOR UTILITIES-DECEMBER 2014 610.84 3806 CIVIC CENTER SERVICES Total 886.98 100 GENERAL FUND Total 345,677.02 195 NEIGHBORHOOD STABILIZATION FUND 5006 PROGRAM DEVILERY 62490 AMERICAN MARKETING SERVICES, INC.REGISTRANT DATABASE 195.00 5006 PROGRAM DEVILERY Total 195.00 195 NEIGHBORHOOD STABILIZATION FUND Total 195.00 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 IRON MOUNTAIN OSDP OFF-SITE DATA PROTECTION MONTHLY EXPENSES 403.86 65625 CHICAGO COMMUNICATIONS, LLC.FIRE TONE ALERTING SYSTEM 21,981.50 5150 EMERGENCY TELEPHONE SYSTM Total 22,385.36 205 EMERGENCY TELEPHONE (E911) FUND Total 22,385.36 215 CDBG FUND 5203 HANDYMAN 63095 GOSS & ASSOCIATES, INC.HANDY MAN PROGRAM 433.48 5203 HANDYMAN Total 433.48 5240 PUBLIC SERVICES 63045 JAMES B. MORAN CENTER CERTIFICATE OF REHABILITATION PROGRAM 30,000.00 5240 PUBLIC SERVICES Total 30,000.00 215 CDBG FUND Total 30,433.48 39 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2014 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62660 LITTLE BEANS CAFE EVANSTON *EQUIPMENT FOR COMMERCIAL CAFE 35,000.00 5300 ECON. DEVELOPMENT FUND Total 35,000.00 225 ECONOMIC DEVELOPMENT FUND Total 35,000.00 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 64015 NICOR UTILITIES-DECEMBER 2014 408.08 5860 HOWARD RIDGE TIF Total 408.08 330 HOWARD-RIDGE TIF FUND Total 408.08 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 416447 62385 DAVEY RESOURCE GROUP INVENTORY AND GPS-PUBLIC TREES 1,865.00 416447 62385 GEOGRAPHIC INFORMATION SERVICES CITY WORKS IMPLEMENTATION 1,367.25 415827 65510 O'HARA CONSTRUCTION FIRE STATION #2 INTERIOR RENOVATION 45,957.60 416458 65510 O'HARA CONSTRUCTION FLEETWOOD AND CIVIC CENTER CEILING INSTALLATION 1,319.91 415857 65515 V3 COMPANIES 2015 STREET IMPROVEMENT TOPOGRAPHIC SURVEY 14,000.01 415175 65625 FORWARD SPACE LLC D/B/A OFFICE CONFERENCE ROOM CHAIRS FOR PW 2,370.50 415568 65050 MCCAULEY MECHANICAL SERVICE REPAIR ROBERT CROWN LOBBY HEATER 4,696.00 4150 CAPITAL PROJECTS Total 71,576.27 415 CAPITAL IMPROVEMENTS FUND Total 71,576.27 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53510 COOK COUNTY COLLECTOR *PARKING TAX 661.70 64540 NEXTEL *COMMUNICATION CHARGES 227.77 7005 PARKING SYSTEM MGT Total 889.47 7015 PARKING LOTS & METERS 62375 MCGAW YMCA 4TH QTR PARKING METER COLLECTIONS 2,473.39 64005 COMED UTILITIES-DECEMBER 2014 232.65 7015 PARKING LOTS & METERS Total 2,706.04 7025 CHURCH STREET GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAX 1,129.37 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 5,781.85 7025 CHURCH STREET GARAGE Total 6,911.22 7036 SHERMAN GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAX 1,706.64 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 12,655.75 7036 SHERMAN GARAGE Total 14,362.39 7037 MAPLE GARAGE 53500 COOK COUNTY COLLECTOR *PARKING TAX 1,497.41 53510 COOK COUNTY COLLECTOR *PARKING TAX 459.00 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 10,813.08 68205 ROYAL SECURITY SERVICE, INC MAINTENANCE 1,921.80 7037 MAPLE GARAGE Total 14,691.29 505 PARKING SYSTEM FUND Total 39,560.41 40 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2014 510 WATER FUND 7100 WATER GENERAL SUPPORT 56145 SUTHER, WILLIAM PERMIT REFUND 13CCCD-0221 40.00 62245 CDM SMITH, INC.SCADA SUPPORT SERVICES (14-02)22,885.11 62315 FEDERAL EXPRESS CORP.POSTAGE FOR SHIPPING 15.26 65070 CDM SMITH, INC.SCADA SUPPORT SERVICES (14-02)10,280.28 7100 WATER GENERAL SUPPORT Total 33,220.65 7105 PUMPING 62230 LAKE ERIE DIVING, INC.REPAIR ON THE HEATED INTAKE SYSTEM 14,849.00 64005 COMED UTILITIES-DECEMBER 2014 21.90 64005 MC SQUARED ENERGY UTILITIES-DECEMBER 2014 70,484.54 64005 HULSINGER ELECTRIC REPAIR ON HEATER INTAKE SYSTEM 8,125.00 64015 NICOR UTILITIES-DECEMBER 2014 1,197.04 7105 PUMPING Total 94,677.48 7110 FILTRATION 62420 METROPOLITAN WATER RECLAIMATION ANNUAL USER FEE FOR SLUDGE REMOVAL 44,316.88 64540 NEXTEL *COMMUNICATION CHARGES 27.32 65015 ALEXANDER CHEMICAL CORPORATION LIQUID CHLORINE 2,920.00 7110 FILTRATION Total 47,264.20 7120 WATER METER MAINTENANCE 64540 VERIZON WIRELESS WIRELESS CHARGE 109.68 7120 WATER METER MAINTENANCE Total 109.68 7125 OTHER OPERATIONS 62460 HARRIS COMPUTER SYSTEMS WATER BILLING EBILLING MODIFICATIONS 2,000.00 7125 OTHER OPERATIONS Total 2,000.00 510 WATER FUND Total 177,272.01 513 WATER DEPR IMPRV & EXTENSION FUND 7330 WATER FUND DEP, IMP, EXT 62145 CDM SMITH, INC.14-10 RESERVOIR PLANNING STUDY 10,526.40 733105 62145 BAXTER & WOODMAN INC.ENGR SVCS FLOW METER & CHEM FEED (12-151)7,262.03 733074 62145 CAROLLO ENGINEERS, INC WATER PLANT INTAKE IMPR ENGR SVS (12-113)11,692.77 733108 65515 THE GARLAND COMPANY, INC.WATER TREATMENT FACILITY ROOF REPLACEMENTS 702,215.91 7330 WATER FUND DEP, IMP, EXT Total 731,697.11 513 WATER DEPR IMPRV & EXTENSION FUND Total 731,697.11 520 SOLID WASTE FUND 7690 RESIDENTIAL RECYCLING COL 64005 COMED UTILITIES-DECEMBER 2014 249.83 64015 NICOR UTILITIES-DECEMBER 2014 239.10 7690 RESIDENTIAL RECYCLING COL Total 488.93 520 SOLID WASTE FUND Total 488.93 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 64540 NEXTEL *COMMUNICATION CHARGES 191.24 7705 GENERAL SUPPORT Total 191.24 7710 MAJOR MAINTENANCE 65060 HAVEY COMMUNICATIONS INC.#69 REMOVAL & UPLIFT 4,469.55 65060 HAVEY COMMUNICATIONS INC.#71 EQUIPMENT REPAIR 250.00 65060 HAVEY COMMUNICATIONS INC.#83 LIGHT REPAIRS 184.50 65060 HAVEY COMMUNICATIONS INC.4 MICROPHONES 102.92 65060 MONROE TRUCK EQUIPMENT HYDRAULIC CYLINDER 703.08 65060 CARQUEST EVANSTON 5 AIR FILTERS 197.46 65060 CARQUEST EVANSTON AUTOMOTIVE PARTS & ACCESSORIES 13.34 65060 CARQUEST EVANSTON BRAKE PADS 86.22 65060 CARQUEST EVANSTON FUEL FILTER 53.48 41 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2014 65060 CARQUEST EVANSTON HYDRAULIC FITTINGS 65.40 65060 CARQUEST EVANSTON INTERIOR HEATER 35.28 65060 CARQUEST EVANSTON PIGTAIL/SOCKET -4.39 65060 CARQUEST EVANSTON RETURN PARTS -141.12 65060 CARQUEST EVANSTON STD MINIATURE LAMP 25.00 65060 CARQUEST EVANSTON STEERING SHAFT 70.51 65060 CARQUEST EVANSTON T-STAT 13.03 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC SPRING 272.42 65065 POMP'S TIRE SERVICE, INC.PURSUIT TIRES 1,841.32 7710 MAJOR MAINTENANCE Total 8,238.00 600 FLEET SERVICES FUND Total 8,429.24 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 65550 HAVEY COMMUNICATIONS INC.#69 REMOVAL & UPLIFT 4,469.55 65550 HAVEY COMMUNICATIONS INC.#71 EQUIPMENT REPAIR 250.00 65550 HAVEY COMMUNICATIONS INC.#83 LIGHT REPAIRS 184.50 65550 HAVEY COMMUNICATIONS INC.4 MICROPHONES 102.93 7780 VEHICLE REPLACEMENTS Total 5,006.98 601 EQUIPMENT REPLACEMENT FUND Total 5,006.98 Grand Total 1,468,129.89 42 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2014 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT VARIOUS VARIOUS TWIN EAGLE NATURAL GAS - DECEMBER, 2014 41,575.79 41,575.79 41,575.79 Grand Total 1,509,705.68 PREPARED BY DATE APPROVED BY DATE 43 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2015 100 GENERAL FUND 100 GENERAL SUPPORT 21639 EYE MED VISION CARE EYE MED-MONTHLY INV. JAN.2015 3,229.36 21640 GUARDIAN DENTAL- MONTHLY INV. JAN.2015 15,622.83 21641 GUARDIAN DENTAL- MONTHLY INV. FEB.2015 15,499.32 21650 NATIONAL GUARDIAN LIFE INSURANCE INSURANCE- MONTHLY INV.FEB.2015 339.39 21680 RTA TRANSIT BENEFIT PROGRAM *RTA TRANSIT BENEFIT RELOAD 1,870.25 100 GENERAL SUPPORT Total 36,561.15 1505 CITY MANAGER 62360 ALLIANCE FOR INNOVATION, INC.ANNUAL DUES-2015 3,980.00 64540 AT & T MOBILITY *COMMUNICATION CHARGES 163.66 1505 CITY MANAGER Total 4,143.66 1525 MISC. BUSINESS OPERATIONS 68205 EVANSTON ART CENTER MOVING EXPENSES HARLEY CLARKE MANSION 30,000.00 1525 MISC. BUSINESS OPERATIONS Total 30,000.00 1705 LEGAL ADMINISTRATION 62130 TRANSCRIPTION PROFESSIONALS TRANSCRIPTION FOR LITIGATION 337.83 62509 SUSAN D BRUNNER HEARING OFFICER 2,940.00 62509 JEFFREY D. GREENSPAN HEARING OFFICER 1,890.00 62509 LAW OFFICE OF MITCHELL C. EX HEARING OFFICER 1,680.00 1705 LEGAL ADMINISTRATION Total 6,847.83 1910 FINANCE DIVISION - REVENUE 51620 HILL, REBECCA TRANSFER TAX REFUND 725.00 1910 FINANCE DIVISION - REVENUE Total 725.00 1920 FINANCE DIVISION - ACCOUNTING 62185 ACCOUNTEMPS ACCOUNTING SERVICE 1,023.96 62185 ACCOUNTEMPS COLLECTIONS COORD 590.40 62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 21.50 65095 OFFICE DEPOT OFFICE SUPPLIES 129.25 1920 FINANCE DIVISION - ACCOUNTING Total 1,765.11 1929 HUMAN RESOURCE DIVISION 62509 EAP CONSULTANTS, INC.EAP CONSULTANTS-MONTHLY INVOICE-FEB 2015 939.60 65095 OFFICE DEPOT OFFICE SUPPLIES 93.71 1929 HUMAN RESOURCE DIVISION Total 1,033.31 1932 INFORMATION TECHNOLOGY DIVI. 62175 IRON MOUNTAIN OSDP OFFSITE DATA PROTECTION 635.88 62250 SMS SYSTEMS MAINTENANCE SERVICES, INC.COMPUTER HARDWARE MAINTENANCE 485.80 62340 SHI INTERNATIONAL CORP ANTI-VIRUS APPLIANCE VIRTUAL 8,105.50 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 3,567.93 64505 AT & T COMMUNICATION CHARGES 190.29 64505 CALL ONE COMMUNICATION CHARGES 7,014.49 65095 OFFICE DEPOT OFFICE SUPPLIES 1,442.39 65095 OFFICE DEPOT SUPPLIES 595.92 65615 COMCAST CABLE COMMUNICATION CHARGES 3,863.20 65615 COMCAST CABLE INTERNET CHARGES 92.85 1932 INFORMATION TECHNOLOGY DIVI. Total 25,994.25 1941 PARKING ENFORCEMENT & TICKETS 52505 I & R PROPERTIES, LLC IBC 2012 BOOK RETURN 94.00 1941 PARKING ENFORCEMENT & TICKETS Total 94.00 2105 PLANNING & ZONING 62210 ALLEGRA PRINT & IMAGING ENVELOPES BLACK AND WHITE 265.00 2105 PLANNING & ZONING Total 265.00 2126 BUILDING INSPECTION SERVICES 52090 SOTNICK, JULIAN PERMIT REFUND 15PLMB-0006 70.00 62645 MICROSYSTEMS INC.MICROFILM STORAGE 857.47 65095 OFFICE DEPOT OFFICE SUPPLIES 125.71 2126 BUILDING INSPECTION SERVICES Total 1,053.18 44 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2015 2205 POLICE ADMINISTRATION 52545 LIDDELL, ELSIE FALSE ALARM REFUND 110.00 62360 NELSON, KELLI VICTIM SERVICE ADVOCATE 1,845.26 62360 NORTHERN IL. POLICE ALARM SYSTEM LANGUAGE LINE 1,205.00 62360 NORTHERN IL. POLICE ALARM SYSTEM LANGUAGE LINE 3,300.00 62360 OFFICETEAM TEMPORARY EMPLOYEE 510.00 68205 NATIONAL AWARD SERVICES RETIREMENT PLAQUE 45.00 2205 POLICE ADMINISTRATION Total 7,015.26 2210 PATROL OPERATIONS 65085 SAFARILAND, LLC EVIDENCE SUPPLIES 761.43 65125 BEST TECHNOLOGY SYSTEMS, INC.HAZARDOUS WASTE REMOVAL 420.00 2210 PATROL OPERATIONS Total 1,181.43 2215 CRIMINAL INVESTIGATION 65085 MID-STATES ORGANIZED CRIME INFO CENTER 2015 MEMBERSHIP 300.00 2215 CRIMINAL INVESTIGATION Total 300.00 2225 SOCIAL SERVICES BUREAU 62360 ASSOCIATION OF POLICE SOCIAL WORKERS 2015 MEMBERSHIP-POLICE SOCIAL WORKERS 140.00 2225 SOCIAL SERVICES BUREAU Total 140.00 2240 POLICE RECORDS 65095 MSF GRAPHICS, INC.PRINTING-DAILY ACTIVITY SHEET 348.40 2240 POLICE RECORDS Total 348.40 2250 SERVICE DESK 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 1,014.69 2250 SERVICE DESK Total 1,014.69 2251 311 CENTER 64505 AT & T *311 SERVICE 400.05 2251 311 CENTER Total 400.05 2305 FIRE MGT & SUPPORT 65020 EVANSTON IMPRINTABLES, INC.UNIFORMS 60.00 2305 FIRE MGT & SUPPORT Total 60.00 2310 FIRE PREVENTION 62210 GENERATION COPY INC PRINTING 400.00 2310 FIRE PREVENTION Total 400.00 2315 FIRE SUPPRESSION 62295 ILLINOIS FIRE CHIEFS ASSOCIATION OFFICER TRAINING 300.00 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY FIREFIGHTER TRAINING 1,400.00 65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 498.66 65040 SUPERIOR INDUSTRIAL SUPPLY JANITORIAL SUPPLIES 184.22 65085 W S DARLEY & CO REPAIR PARTS 138.57 65625 MUNICIPAL EMERGENCY SERVICES LIGHTS 1,300.00 2315 FIRE SUPPRESSION Total 3,821.45 2407 HEALTH SERVICES ADMIN 62360 ILLINOIS PUBLIC HEALTH ASSOCIATION AFFILIATE RENEWAL INVOICE 500.00 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 65095 OFFICE DEPOT OFFICE SUPPLIES 28.49 65125 NAOMI RUTH COHEN INSTITUTE 14TH ANNUAL MENTAL HEALTH CONFERENCE 175.00 2407 HEALTH SERVICES ADMIN Total 742.49 2435 FOOD AND ENVIRONMENTAL HEALTH 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 78.00 62469 B.H. SUHR & COMPANY, INC.REMOVAL OF TRASH 575.00 62477 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 55.64 65095 OFFICE DEPOT OFFICE SUPPLIES 159.59 2435 FOOD AND ENVIRONMENTAL HEALTH Total 868.23 45 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2015 2440 VITAL RECORDS 65095 MSF GRAPHICS, INC.PRINTING 280.80 2440 VITAL RECORDS Total 280.80 2610 MUNICIPAL SERVICE CENTER 62446 PATTEN INDUSTRIES GENERATOR RENTAL 1,912.50 2610 MUNICIPAL SERVICE CENTER Total 1,912.50 2640 TRAF. SIG. & ST. LIGHT. MAINT 65070 ELCAST LIGHTING STREETLIGHT FIXTURE REPAIR 1,500.00 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 1,500.00 2655 PARKS & FORESTRY MAINT. & OPER. 62199 NATIONAL AWARD SERVICES MEMORIAL PLAQUES 60.00 2655 PARKS & FORESTRY MAINT. & OPER. Total 60.00 2677 FACILITIES 62225 MARK VEND COMPANY ALDERMANIC LIBRARY VENDING SERVICE 91.73 2677 FACILITIES Total 91.73 2680 SNOW AND ICE CONTROL 65015 MORTON SALT ROCK SALT 161,630.69 2680 SNOW AND ICE CONTROL Total 161,630.69 3055 LEVY CENTER SENIOR SERVICES 62505 ULTIMATE FITNESS BOXING INSTRUCTOR 939.20 62509 CINTAS MAT CLEANING SERVICE 174.85 65025 CATHOLIC CHARITIES OF CHICAGO CONGREGATE MEAL PROGRAM 2,736.75 65110 MOBILE MINI, INC.MONTHLY POD RENTAL 111.58 3055 LEVY CENTER SENIOR SERVICES Total 3,962.38 3605 ECOLOGY CENTER 62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 64.97 3605 ECOLOGY CENTER Total 64.97 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL PEST MANAGEMENT SERVICE 39.14 3710 NOYES CULTURAL ARTS CENTER Total 39.14 100 GENERAL FUND Total 294,316.70 175 GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 64578 PRESENCE BEHAVIORAL HEALTH MENTAL HEALTH SERVICES 215.05 4605 GENERAL ASSISTANCE ADMIN Total 215.05 175 GENERAL ASSISTANCE FUND Total 215.05 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62295 POWER PHONE INC EMERGENCY MEDICAL DISPATCH CERTIFICATION 3,828.00 62509 PATTEN INDUSTRIES DIESEL GENERATOR ANNUAL MAINT SERVICE 1,396.68 64505 AT & T COMMUNICATION CHARGES 5,472.12 5150 EMERGENCY TELEPHONE SYSTM Total 10,696.80 205 EMERGENCY TELEPHONE (E911) FUND Total 10,696.80 330 HOWARD-RIDGE TIF FUND 5860 HOWARD RIDGE TIF 62346 COOK COUNTY TREASURER 629 HOWARD STREET 3,711.73 5860 HOWARD RIDGE TIF Total 3,711.73 330 HOWARD-RIDGE TIF FUND Total 3,711.73 46 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2015 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415857 65515 V3 COMPANIES 2015 STREET TOPOGRAPHIC SURVEY 5,599.99 4150 CAPITAL PROJECTS Total 5,599.99 415 CAPITAL IMPROVEMENTS FUND Total 5,599.99 505 PARKING SYSTEM FUND 7025 CHURCH STREET GARAGE 64505 CALL ONE COMMUNICATION CHARGES 1,031.04 7025 CHURCH STREET GARAGE Total 1,031.04 7036 SHERMAN GARAGE 64505 AT & T COMMUNICATION CHARGES 135.91 64505 CALL ONE COMMUNICATION CHARGES 1,809.64 7036 SHERMAN GARAGE Total 1,945.55 7037 MAPLE GARAGE 64505 CALL ONE COMMUNICATION CHARGES 1,263.76 7037 MAPLE GARAGE Total 1,263.76 505 PARKING SYSTEM FUND Total 4,240.35 510 WATER FUND 7100 WATER GENERAL SUPPORT 62210 EVANSTON BLUE PRINT CO., INC.PRINTING OF DAILY WORK REPORTS 240.00 62340 DLT SOLUTIONS AUTODESK BLDG DESIGN SUITE-MAINT FEE 1,947.68 64505 JULIE INC ANNUAL JULIE FEES 9,310.65 65095 OFFICE DEPOT OFFICE SUPPLIES 603.51 7100 WATER GENERAL SUPPORT Total 12,101.84 7105 PUMPING 64505 CALL ONE COMMUNICATION CHARGES 157.64 7105 PUMPING Total 157.64 7115 DISTRIBUTION 62210 ON TRACK FULFILLMENT INC.POSTAGE & MAILING OF RPZ NOTICES 85.00 62275 ON TRACK FULFILLMENT INC.POSTAGE & MAILING OF RPZ NOTICES 61.20 7115 DISTRIBUTION Total 146.20 510 WATER FUND Total 12,405.68 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 62405 WELLS FARGO BANK, N.A.SWANCC TRANSFER STATION FEES 132,067.10 62415 LAKESHORE WASTE SERVICES, LLC FY2015 CONDOMINIUM REFUSE COLLECTION 33,333.33 68310 WELLS FARGO BANK, N.A.SWANCC TRANSFER STATION FEES 5,805.84 7685 REFUSE COLLECT & DISPOSAL Total 171,206.27 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 309,392.27 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 62275 UNITED PARCEL SERVICE SHIPPING CHARGES 15.09 64505 CALL ONE COMMUNICATION CHARGES 456.32 7705 GENERAL SUPPORT Total 471.41 47 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2015 7710 MAJOR MAINTENANCE 62240 METRO TANK AND PUMP COMPANY FUEL DISPENSER REPAIR 723.75 62240 METRO TANK AND PUMP COMPANY RETRACTOR ASSEMBLY 367.50 62355 CINTAS #22 WEEKLY UNIFORM SERVICE 441.34 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 835.12 65035 PALATINE OIL COMPANY, INC 14,000 GALS DIESEL FUEL 26,129.60 65060 CUMBERLAND SERVICENTER #704 ENGINE SEAL 138.79 65060 CUMBERLAND SERVICENTER #712 PTO SHAFT 203.68 65060 CUMBERLAND SERVICENTER 3 SEALS 138.79 65060 CUMBERLAND SERVICENTER 4 AIR FILTERS 354.30 65060 CUMBERLAND SERVICENTER ENGINE REPAIRS ON #704 INV#37210 4,005.51 65060 CUMBERLAND SERVICENTER EXHAUST FITTINGS 713.24 65060 CUMBERLAND SERVICENTER TURBO CHARGER FOR #712 3,327.16 65060 CUMBERLAND SERVICENTER TURBO STUD 38.00 65060 DOUGLAS TRUCK PARTS RACOR FILTER 164.00 65060 FLINK COMPANY PLOW BOLTS/NUTS 791.63 65060 GROVER WELDING COMPANY #524 WELD REPAIR 965.17 65060 GROVER WELDING COMPANY #615 WELD REPAIR 57.81 65060 GROVER WELDING COMPANY #618 WELD REPAIR 597.71 65060 GROVER WELDING COMPANY #634 WELD REPAIR 588.42 65060 GROVER WELDING COMPANY #637 WELD REPAIR 622.71 65060 GROVER WELDING COMPANY #638 WELD REPAIR 646.03 65060 GROVER WELDING COMPANY SALT SPREADER #635 595.80 65060 GROVER WELDING COMPANY WELD REPAIR 1,418.21 65060 HAVEY COMMUNICATIONS INC.100 WATT AIR HORN 299.40 65060 HAVEY COMMUNICATIONS INC.LED LIGHTS 307.85 65060 HAVEY COMMUNICATIONS INC.LIGHTING REPAIR 67.90 65060 INTERSTATE BATTERY 3 BATTERIES #307 324.58 65060 INTERSTATE BATTERY 5 BATTERIES 479.40 65060 INTERSTATE BATTERY BATTERY 87.32 65060 LEACH ENTERPRISES, INC.2 MARKER KITS 55.76 65060 LEACH ENTERPRISES, INC.AUTO SLACK 324.20 65060 LEACH ENTERPRISES, INC.BARREL WASHER SOLVENT 109.00 65060 LEACH ENTERPRISES, INC.MARKER KIT 223.04 65060 LEACH ENTERPRISES, INC.SPRING BRAKE 301.36 65060 NORTH SHORE TOWING #69 NEW TIRE 25.00 65060 NORTH SHORE TOWING TIRE REPLACEMENT 75.00 65060 NORTH SHORE TOWING TOW #449 TO IL BUS 290.00 65060 RUSSO POWER EQUIPMENT #601 CAP 9.75 65060 RUSSO POWER EQUIPMENT #601 NOZZLE 78.36 65060 RUSSO POWER EQUIPMENT #601 NOZZLE REPAIR 785.27 65060 RUSSO POWER EQUIPMENT HYDRAULIC CYLINDER 547.00 65060 SPRING ALIGN OUTSIDE REPAIR 153.96 65060 STANDARD EQUIPMENT COMPANY #668 JOYSTICK 598.15 65060 WHOLESALE DIRECT INC WIPER BLADES 202.93 65060 ILLINOIS AUTO ELECTRIC FUEL HOSE 59.83 65060 INLAND POWER GROUP MODULATOR 123.14 65060 GLOBAL EMERGENCY PRODUCTS, INC.#323 TRANS PUMP SWITCH 632.84 65060 BILL'S AUTO & TRUCK REPAIR #449 ELECTRICAL REPAIR 197.10 65060 BILL'S AUTO & TRUCK REPAIR #449 FUEL PRESSURE REPAIRS 996.44 65060 BILL'S AUTO & TRUCK REPAIR #451 HEATER REPAIRS 2,353.07 65060 CARQUEST EVANSTON #67 SWAY BAR LINK KIT`14.66 65060 CARQUEST EVANSTON #763 BRAKE JOB 272.89 65060 CARQUEST EVANSTON ALTERNATOR BELTS 12.58 65060 CARQUEST EVANSTON AUTOMATIC BELT TENSIONERS 26.24 65060 CARQUEST EVANSTON BRAKE HOSE 20.34 65060 CARQUEST EVANSTON FUEL LINE 23.00 65060 CARQUEST EVANSTON PIGTAILS 34.68 65060 CARQUEST EVANSTON RETURN PARTS -5.38 65060 GOLF MILL FORD #205 SWAY BAR LINKS 56.74 65060 GOLF MILL FORD #251 BRAKE JOB 542.47 65060 GOLF MILL FORD #56 SOCKET 14.24 65060 GOLF MILL FORD #56 WINDOW SWITCH 63.70 65060 GOLF MILL FORD #576 SWITCH 50.38 65060 GOLF MILL FORD #621 REAR TAIL LIGHT ASSY 38.33 65060 GOLF MILL FORD #763 BRAKE JOB 542.65 65060 GOLF MILL FORD DOOR HARDWARE 93.55 65060 GOLF MILL FORD LAMP ASY 67.86 65060 GOLF MILL FORD RESISTOR 24.33 48 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2015 65060 GOLF MILL FORD TRANS FILTER 36.47 65060 WENTWORTH TIRE SERVICE 1 TIRE 510.45 65060 ORLANDO AUTO TOP GLASS REPAIR 200.00 65060 ORLANDO AUTO TOP REBUILD SEAT CUSHION 150.00 65060 ORLANDO AUTO TOP REBUILD SEAT CUSHION GRAY 150.00 65060 SIGLER'S AUTOMOTIVE & BODY SHOP, INC.#137 BODY REPAIRS 990.83 65060 SIGLER'S AUTOMOTIVE & BODY SHOP, INC.#571 ALIGNMENT 228.00 65060 CHICAGO PARTS & SOUND, LLC 2 FILTER ASSEMBLY 42.13 65060 CHICAGO PARTS & SOUND, LLC BRAKE PARTS 533.06 65060 CHICAGO PARTS & SOUND, LLC ELEMENT ASY- AIR CLEANER 61.57 65060 CHICAGO PARTS & SOUND, LLC PUMP ASY- WATER 73.23 65060 APC STORES, INC., DBA BUMPER TO BUMPER #576 ELECTRONIC CATALOG 18.89 65060 APC STORES, INC., DBA BUMPER TO BUMPER HYDRAULIC HOSE 66.38 65060 APC STORES, INC., DBA BUMPER TO BUMPER P.S. PUMP 186.99 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC BLOCK HEATER 150.93 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC FILTER 153.84 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC MIRROR 94.26 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC MIRROR ASSY 163.96 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC SIDE MIRRORS 466.01 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC STARTER 421.61 65060 MILLER HYDRAULIC SERVICE, INC.HYDRAULIC CYLINDER REPAIR 414.06 65065 WENTWORTH TIRE SERVICE 2 TIRES 730.24 65065 WENTWORTH TIRE SERVICE 4 TIRES 730.94 65065 WENTWORTH TIRE SERVICE TIRES 181.00 65085 KOWALEWSKI, JASON TOOL ALLOWANCE 800.00 65085 DENNIS R LAWRENCE TOOL ALLOWANCE 800.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 139.04 7710 MAJOR MAINTENANCE Total 63,959.07 600 FLEET SERVICES FUND Total 64,430.48 605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 66050 HSA BANK, A DIVISION OF WEBSTER BANK HSA BANK-MONTHLY INVOICE 19.25 66054 SENIORS CHOICE SENIOR CHOICE-MONTHLY INVOICE-FEB. 2015 2,255.43 7801 EMPLOYEE BENEFITS Total 2,274.68 605 INSURANCE FUND Total 2,274.68 Grand Total 707,283.73 49 of 567 CITY OF EVANSTON BILLS LIST PERIOD ENDING 02.10.2015 FY2015 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT INSURANCE VARIOUS IPBC HEALTH INSURANCE PREMIUM 1,078,820.22 VARIOUS VARIOUS CASUALTY LOSS 54,139.35 1,132,959.57 SEWER 7565.68305 IEPA LOAN DISBURSEMENT SEWER FUND 180,453.35 7620.68305 IEPA LOAN DISBURSEMENT SEWER FUND 164,784.38 345,237.73 1,478,197.30 Grand Total 2,185,481.03 PREPARED BY DATE APPROVED BY DATE 50 of 567 Bank of America Credit Card for the Period ending December 31, 2014REPORTS TO INTERMEDIATEMERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECTEXPENSE DESCRIPTION311 CENTERSNAPENGAGE CHAT $ 49.00 12/15/201464505 TELECOMMUNICATIONS CARRIER LINE CHMONTHLY SERVICE CHARGE FOR 311 LIVE CHAT AND LIVE TEXT.ADMN SVCS / ADMIN IL GOVMT FIN OFF ASSOC $ 50.00 12/03/2014 62295 TRAINING & TRAVELIGFOA CONFERENCE REGISTRATION - ALEX THORPEADMN SVCS / ADMIN TEXACO 0309183 $ 40.00 12/04/2014 62295 TRAINING & TRAVELFRADULENT CHARGE FROM CARD ENDING 8455ADMN SVCS / ADMIN CLAIM ADJ/TEXACO 0309183 $ (40.00) 12/11/2014 62295 TRAINING & TRAVELFRADULENT CHARGE REIMBURSED BY BANK OF AMERICAADMN SVCS / ADMIN NIU OUTREACH $ 99.00 12/15/2014 62295 TRAINING & TRAVELILCMA SEVENTH ANNUAL ILLINOIS FINANCIAL FORECAST FORUMADMN SVCS / ADMIN CITY OF EVANSTON-CH $ 2.00 12/17/2014 62295 TRAINING & TRAVELPARKING FOR BUSINESS BREAKFASTADMN SVCS / ADMIN DENGEOS SKOKIE $ 1,875.00 12/18/2014 62605 OTHER CHARGESCHRISTMAS PARTYADMN SVCS / ADMIN JEWEL #3428 $ 26.88 12/22/2014 65095 OFFICE SUPPLIESOFFICE SUPPLIESADMN SVCS / FINANCE SUN TIMES ADV $ 83.20 12/16/2014 65010 BOOKS, PUBLICATIONS, MAPSRFP 15-04 RESIDENTIAL TOILET INSTALL PROGRAM AD NOTICE 71.7100.65010ADMN SVCS / FINANCE TRIBUNE PUBLISHING COM $ 1,730.00 12/23/2014 62145 ENGINEERING SERVICESRFQ 15-06 LADD ARBORETUM BIKE PATH CONSTRUCTION ENGINEERING SERVICES AD NOTICE PROJECT 416455 - LADD ARBORETUM MULTIUSE TRAIL 4150.62145ADMN SVCS / FINANCE SUN TIMES ADV $ 72.00 12/24/2014 62205 ADVERTISINGBID 15-05 LEASE AGREEMENT FOR SEVEN (7) HARLEY DAVIDSON MOTORCYCLES AD NOTICE 7705.62205ADMN SVCS /HUMAN RES ADCO SAFETY AWARD STOR $ 934.60 12/01/2014 65125 OTHER COMMODITIESSAFETY KEYCHAINSADMN SVCS /HUMAN RES WASHINGTON/FRANKLIN SE $ 37.00 12/11/2014 62295 TRAINING & TRAVELWC - HUI LIU APPELLATE COURT ORAL ARGUMENTS PARKING FEEADMN SVCS/INFO SYS WWW.LOGMEIN.COM $ 514.62 12/01/2014 65555 PERSONAL COMPUTER EQCITYWIDE ANNUAL LICENSE FOR REMOTE ACCESSADMN SVCS/INFO SYS BC. BASECAMP 2479787 $ 20.00 12/03/201464545 (IS ONLY) PERSONAL COMP SOFTWAREMONTHLY BASECAMP SOFTWARE. FINAL MONTH, MOVED TO ASANA.ADMN SVCS/INFO SYS AMAZON.COM $ 99.90 12/04/2014 65555 PERSONAL COMPUTER EQ5 USB CHARGERS AND 5 LIGHTNING TO USB CABLESADMN SVCS/INFO SYS LEXJET $ 3,004.00 12/04/2014 65555 PERSONAL COMPUTER EQPLOTTER FOR GIS AND CMO.ADMN SVCS/INFO SYS LEXJET $ 85.00 12/05/2014 65555 PERSONAL COMPUTER EQDELIVERY FOR PLOTTERADMN SVCS/INFO SYS DMI DELL K-12/GOVT $ 1,201.13 12/10/2014 65555 PERSONAL COMPUTER EQ7 MONITORS 22 INCH FOR BYOD USERSADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ 196.38 12/10/2014 65555 PERSONAL COMPUTER EQUPS BATTERY REPLACEMENTADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ 27.99 12/12/2014 65555 PERSONAL COMPUTER EQ320 GB SATA HDADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ 5.99 12/12/2014 65555 PERSONAL COMPUTER EQREPLACEMENT FUSER SLEEVE FOR POLICE PATROL PRINTERADMN SVCS/INFO SYS AMAZON.COM $ 349.99 12/16/2014 65555 PERSONAL COMPUTER EQ42 IN LG TV FOR ROOM 2401ADMN SVCS/INFO SYS AMAZON.COM $ 79.52 12/17/2014 65555 PERSONAL COMPUTER EQ8 MICROSOFT BASIC MICEADMN SVCS/INFO SYS AMAZON.COM $ 79.60 12/17/2014 65555 PERSONAL COMPUTER EQ8 MICROSOFT WIRED KEYBOARDSADMN SVCS/INFO SYS B&H PHOTO, 800-606-696 $ 1,929.88 12/17/2014 65555 PERSONAL COMPUTER EQTONER FOR PLOTTERADMN SVCS/INFO SYS CRUCIAL.COM $ 309.90 12/18/2014 65555 PERSONAL COMPUTER EQ10 2GB DIMMS OF RAMADMN SVCS/INFO SYS ADOBE SYSTEMS, INC. $ 49.99 12/18/2014 62340 IS SUPPORT FEESMONTHLY CREATIVE CLOUDADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ 260.20 12/19/2014 65555 PERSONAL COMPUTER EQMOUNT FOR TV IN 2401ADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ 49.99 12/19/2014 65555 PERSONAL COMPUTER EQSTAPLES FOR COPIERSADMN SVCS/INFO SYS AMAZON.COM $ 339.99 12/22/2014 65555 PERSONAL COMPUTER EQPROJECT FOR RECREATIONADMN SVCS/INFO SYS AMAZON.COM $ 317.41 12/22/2014 65555 PERSONAL COMPUTER EQUPS REPLACEMENT BATTERYADMN SVCS/INFO SYS ADOBE SYSTEMS, INC. $ 29.99 12/26/2014 65555 PERSONAL COMPUTER EQCREATIVE CLOUD MEMBERSHIPADMN SVCS/INFO SYS SHI CORP $ 509.89 12/31/2014 65555 PERSONAL COMPUTER EQSURFACE PRO 3 AND KEYBOARD IT DEMOADMN SVCS/PARKIING SVCS ANDERSON PEST SOLUTION $ 100.00 12/02/2014 65050 BUILDING MAINTENANCE MATERIALMONTHLY PEST MANAGEMENT SERVICE INVOICE CHURCH STREET GARAGE.ADMN SVCS/PARKIING SVCS VCG UNIFORM $ 153.95 12/04/2014 65020 CLOTHINGPARKING ENFORCEMENT UNIFORMS FOR NEW OFFICER.ADMN SVCS/PARKIING SVCS OFFICE MAX $ 192.27 12/11/2014 65050 BUILDING MAINTENANCE MATERIALTONER FOR COPIERS AT THE 1800 MAPLE PARKING METER OFFICE.ADMN SVCS/PARKIING SVCS LEMOI ACE HARDWARE $ 35.45 12/12/2014 65050 BUILDING MAINTENANCE MATERIAL PAINTING SUPPLIES FOR 1800 MAPLEADMN SVCS/PARKIING SVCS THE HOME DEPOT 1902 $ 144.08 12/15/2014 65050 BUILDING MAINTENANCE MATERIALMETER SHOP TOOLS AND SUPPLIES (DRILL BITS, LATEX GLOVES, SCREWDRIVERS, BOLT CUTTERS, ETC.)ADMN SVCS/PARKIING SVCS JIMMY JOHN'S # 44 - EC $ 8.96 12/17/2014 62295 TRAINING & TRAVELFOOD FOR STAFF MEMBER. WHEEL TAX FULFILMENT (LUNCH)ADMN SVCS/PARKIING SVCS JIMMY JOHN'S # 44 - EC $ 70.02 12/17/2014 62295 TRAINING & TRAVELLUNCH FOR REVENUE STAFF (WHEEL TAX PROCESSING)ADMN SVCS/PARKIING SVCS GRUBHUB FOOD ORDER $ 99.84 12/18/2014 62295 TRAINING & TRAVELLUNCH FOR REVENUE STAFF (WHEEL TAX PROCESSING)ADMN SVCS/PARKIING SVCS J.P. COOKE $ 28.93 12/19/2014 65045 LICENSING/REGULATORY SUPPLIES SERVICE DOG TAGFebruary 9, 2015Page 1 of 1651 of 567 Bank of America Credit Card for the Period ending December 31, 2014ADMN SVCS/PARKIING SVCS LEMOI ACE HARDWARE $ 10.48 12/19/2014 65050 BUILDING MAINTENANCE MATERIAL SPARY PAINT FOR PARKING METER REPAIR.ADMN SVCS/PARKIING SVCS NORTH SHORE UNIFORM IN $ 447.00 12/22/2014 65020 CLOTHING UNIFORM SHIRTS FOR PARKING ENFORCEMENT STAFF.ADMN SVCS/PARKIING SVCS WW GRAINGER $ 423.72 12/23/2014 65050 BUILDING MAINTENANCE MATERIAL LAMPS FOR SHERMAN PLAZA LOBBIESADMN SVCS/PARKIING SVCS VCG UNIFORM $ 161.90 12/30/2014 65020 CLOTHINGUNIFORM TROUSERS AND GLOVES FOR A PARKING ENFORCEMENT OFFICERCITY COUNCIL ADMIN PANINO'S PIZZERIA OR $ 130.95 12/03/2014 65025 FOOD DINNER FOR 12/1/14 RULES COMMITTEE MEETINGCITY COUNCIL ADMIN US CONF OF MAYORS $ 625.00 12/09/2014 62295 TRAINING & TRAVELREGISTRATION FEE FOR US CONFERENCE OF MAYORS CONFERENCE JAN 20-24, 2015, WASHINGTON, DC FOR THE MAYORCITY COUNCIL ADMIN DENGEOS SKOKIE $ 1,500.00 12/18/2014 65125 OTHER COMMODITIESA PORTION OF THE CATERING INVOICE FOR THE ALL STAFF HOLIDAY LUNCHEON 12/12/14CITY MGR'S OFF ADOBE SYSTEMS, INC. $ 19.99 12/01/201464545 (IS ONLY) PERSONAL COMP SOFTWARE INDESIGN MEMBERSHIP FOR C. AGNEWCITY MGR'S OFF JEWEL #3487 $ 215.35 12/01/2014 65125 OTHER COMMODITIES LIVABILITY ACADEMYCITY MGR'S OFF BIZNESS APPS $ 59.00 12/01/201464545 (IS ONLY) PERSONAL COMP SOFTWARE MOBILE APP SUBSCRIPTION 11.28.14-12.28.14CITY MGR'S OFF CLAIM ADJ/NAF NAF GRILL-EVANSTON $ (144.97) 12/01/2014 62295 TRAINING & TRAVEL REFUND FOR CULTURAL ARTS LUNCHEONCITY MGR'S OFF FACEBOOK 3HHR27JDV2 $ 112.21 12/01/2014 62205 ADVERTISINGWEB ADVERTISINGCITY MGR'S OFFBARNES&NOBLE COM $ 25.73 12/04/2014 62295 TRAINING & TRAVELCOMMUNITY BUILDER'S HANDBOOK FOR J. LASIKCITY MGR'S OFFJEWEL #3487 $ 67.75 12/04/2014 65125 OTHER COMMODITIESLIVABILITY ACADEMYCITY MGR'S OFFJEWEL #3428 $ 131.07 12/04/2014 65125 OTHER COMMODITIESLIVABILITY ACADEMYCITY MGR'S OFFWP ENGINE INC $ 104.00 12/04/2014 62340 IS SUPPORT FEESWEB HOSTINGCITY MGR'S OFFADOBE SYSTEMS, INC. $ 19.99 12/08/201464545 (IS ONLY) PERSONAL COMP SOFTWAREACROBAT PROFESSIONAL SUBSCRIPTION 11.14CITY MGR'S OFFHECKYS.COM $ 134.52 12/08/2014 65025 FOODCOUNCIL FOODCITY MGR'S OFFADOBE SYSTEMS, INC. $ 49.99 12/08/201464545 (IS ONLY) PERSONAL COMP SOFTWARECREATIVE CLOUD SUBSCRIPTIONCITY MGR'S OFFFS JOTFORM $ 9.95 12/08/201464545 (IS ONLY) PERSONAL COMP SOFTWAREJOTFORM PREMIUM MONTHLYCITY MGR'S OFFJEWEL #3487 $ 171.76 12/08/2014 65125 OTHER COMMODITIESLIVABILITY ACADEMYCITY MGR'S OFFERGO DEPOT LLC $ 4,319.00 12/08/2014 62160 EMPLOYMENT TESTING SERVICES SIT/STAND DESKS FOR HUMAN RESOURCES DEPT.CITY MGR'S OFFDMI DELL BUS ONLINE $ 58.42 12/08/2014 65095 OFFICE SUPPLIESSLIM ADAPTERS FOR DELL SYSTEMSCITY MGR'S OFFZAPIER.COM $ 15.00 12/08/201464545 (IS ONLY) PERSONAL COMP SOFTWAREWEB SOFTWARECITY MGR'S OFFASANA $ 800.00 12/09/201464545 (IS ONLY) PERSONAL COMP SOFTWAREMONTHLY SUBSCRIPTION 12.6.14-1.5.15CITY MGR'S OFFPANINO'S PIZZERIA OR $ 107.30 12/10/2014 65025 FOODCOUNCIL FOODCITY MGR'S OFFJEWEL #3487 $ 37.97 12/12/2014 65125 OTHER COMMODITIESLIVABILITY ACADEMYCITY MGR'S OFFGOOGLE GOOGLE STORAGE $ 1.99 12/12/201464545 (IS ONLY) PERSONAL COMP SOFTWAREWEB STORAGECITY MGR'S OFFOFFICE MAX $ 46.86 12/15/2014 62205 ADVERTISINGMAYOR'S FOOD & TOY DRIVECITY MGR'S OFFAMAZON.COM $ 15.05 12/17/2014 65095 OFFICE SUPPLIESHDMI CONNECTION CABLECITY MGR'S OFFBKF BOOKFRESH $ 24.90 12/17/2014 62512 RECRUITMENT SERVICESHR RECRUITING SOFTWARECITY MGR'S OFFHILTON ORRINGTON FB $ 191.77 12/17/2014 62295 TRAINING & TRAVELSENIOR MANAGERS PLANNING BREAKFASTCITY MGR'S OFFGOLDEN OLYMPIC RESTAUR $ 98.00 12/18/2014 62295 TRAINING & TRAVELDEPARTMENT HEAD ANNUAL BREAKFASTCITY MGR'S OFFPOTBELLY 005 $ 160.80 12/19/2014 65025 FOODCOUNCIL FOODCITY MGR'S OFFADOBE SYSTEMS, INC. $ 19.99 12/19/201464545 (IS ONLY) PERSONAL COMP SOFTWAREINDESIGN MEMBERSHIPCITY MGR'S OFFAMAZON.COM $ 21.01 12/22/2014 62295 TRAINING & TRAVELBELKIN AV CABLECITY MGR'S OFFPRINTABLE PROMOTION $ 882.38 12/22/2014 65125 OTHER COMMODITIESRECOGNITION PLAQUESCITY MGR'S OFFSUN TIMES ADV $ 1,041.00 12/23/2014 65522 BUSINESS DISTRICT IMPROVEMENTS EVANSTON EDGE ADSCITY MGR'S OFFISSUU $ 19.00 12/24/201464545 (IS ONLY) PERSONAL COMP SOFTWAREWEB PUBLISHING SOFTWARECITY MGR'S OFFWPY ONEREACH $ 125.00 12/26/201464505 TELECOMMUNICATIONS CARRIER LINE CHSOFTWARE FOR TEXTING TO 311CITY MGR'S OFFBKF BOOKFRESH $ 24.90 12/29/2014 65125 OTHER COMMODITIESDRUG TESTING SOFTWARECITY MGR'S OFFBIZNESS APPS $ 59.00 12/30/201464545 (IS ONLY) PERSONAL COMP SOFTWAREMOBILE APP SUBSCRIPTION 12.28.14-1.28.15CITY MGR'S OFFADOBE SYSTEMS, INC. $ 19.99 12/31/201464545 (IS ONLY) PERSONAL COMP SOFTWAREACROBAT PROFESSIONAL FOR J. WINGADERFebruary 9, 2015Page 2 of 1652 of 567 Bank of America Credit Card for the Period ending December 31, 2014COMM ECON DEV/ADMIN FACEBOOK QVCX87EPV2 $ 15.88 12/01/2014 65522 BUSINESS DISTRICT IMPROVEMENTS HOLIDAY ADVERTISINGCOMM ECON DEV/ADMIN CRAIN COMMUNICATIONS $ 79.00 12/10/2014 65010 BOOKS, PUBLICATIONS, MAPS ANNUAL CRAIN'S SUBSCRIPTION - MARK MUENZERCOMM ECON DEV/ADMIN SUN TIMES ADV $ 64.00 12/16/2014 62205 ADVERTISING PUBLIC NOTICE - ZBA - ORDER #892246COMM ECON DEV/ADMIN CITY OF EVANSTON-METER $ 1.50 12/18/2014 62295 TRAINING & TRAVELLEADERSHIP EVANSTON PRESENTATION PARKINGCOMM ECON DEV/ADMIN AMERICAN PLANNING ASSO $ 730.00 12/19/2014 62295 TRAINING & TRAVEL2015 APA NATIONAL PLANNING CONFERENCE REGISTRATIONCOMM ECON DEV/ADMIN SUN TIMES ADV $ 32.00 12/19/2014 62205 ADVERTISINGPUBLIC NOTICE - PLAN COMMISSION - ORDER #894602COMM ECON DEV/ADMIN AMERICAN 00123964487720 $ 358.20 12/22/2014 62295 TRAINING & TRAVELAIRFARE TO APA NATIONAL PLANNING CONFERENCE 4/18/15-4/25/15COMM ECON DEV/ADMIN ILFLS COM $ 59.95 12/26/2014 62490 OTHER PROGRAM COSTSMONTHLY SUBSCRIPTION FEE FOR ILFLSCOMM ECON DEV/ADMIN TINT - TINTUP.COM $ 50.00 12/29/2014 62659 PARTNERSHIP CONTRIBUTION SUBSCRIPTION TO PLUS PLANCOMM ECON DEV/ADMIN DLX FOR SMALLBUSINESS $ 44.60 12/30/2014 65095 OFFICE SUPPLIES1098 FORMS FOR EHCCOMM ECON DEV/ADMIN SUN TIMES ADV $ 33.60 12/31/2014 65010 BOOKS, PUBLICATIONS, MAPS NOTICE PUBLICATION FOR SALE OF 629-631 HOWARDFIRE/ADMINANSTON UNITED 01626084777166 $ 60.00 12/02/2014 62360 MEMBERSHIP DUESBAG CHECK ANISTONFIRE/ADMINANSTON CURB $ 40.00 12/02/2014 62360 MEMBERSHIP DUESGROUND TRANSPORTATIONFIRE/ADMINANSTON TGI FRIDAYS # 2486 $ 14.93 12/02/2014 62360 MEMBERSHIP DUESMEAL ON ROADFIRE/ADMINANSTON QUICK CONNECT 20251013 $ 8.83 12/03/2014 62360 MEMBERSHIP DUESAIRPORT TRAVEL EXPENSEFIRE/ADMINANSTON UNITED 01626085297841 $ 25.00 12/03/2014 62360 MEMBERSHIP DUESBAG CHECKFIRE/ADMINANSTON UNITED 01626084777166 $ (60.00) 12/03/2014 62360 MEMBERSHIP DUESBAG CHECK CREDITFIRE/ADMINANSTON THE HOME DEPOT 1902 $ 87.94 12/03/2014 65085 MINOR EQUIP & TOOLSKEROSENE T22FIRE/ADMINANSTON THE HOME DEPOT 1902 $ 24.97 12/05/2014 65085 MINOR EQUIPMENT AND TOOLS SMALL TOOLS T22FIRE/ADMINANSTON UNITED 01626087164575 $ 25.00 12/08/2014 62360 MEMBERSHIP DUESBAG CHECKFIRE/ADMINANSTON THE HOME DEPOT 1902 $ 18.98 12/08/2014 65085 MINOR EQUIP & TOOLSCLEANING SUPPLIESFIRE/ADMINANSTON THE HOME DEPOT 1902 $ 45.88 12/08/2014 65085 MINOR EQUIP & TOOLSCLEANING SUPPLIESFIRE/ADMINANSTON CURB $ 41.00 12/08/2014 62360 MEMBERSHIP DUESGROUND TRANSPORTATIONFIRE/ADMINANSTON QUARTET DIGITAL PRINTI $ 64.61 12/08/2014 62210 PRINTINGMENTORING BOOK - CAND GRAHMFIRE/ADMINANSTON THE HOME DEPOT 1902 $ 116.91 12/08/2014 62245 OTHER EQ MAINTSNOW SHOVELSFIRE/ADMINANSTON LEMOI ACE HARDWARE $ 199.96 12/08/2014 65085 MINOR EQUIP & TOOLSSNOW SHOVELSFIRE/ADMINANSTON THE HOME DEPOT 1902 $ 307.00 12/12/2014 65125 OTHER COMMODITIESCLEANING SUPPLIES STA 3FIRE/ADMINANSTON AMAZON.COM $ 43.63 12/12/2014 62245 OTHER EQ MAINTHONOR GUARD MATERIALS - CASEFIRE/ADMINANSTON EINSTEIN BROS BAGELS13 $ 18.40 12/12/2014 62360 MEMBERSHIP DUESMEETING REFRESHMENTSFIRE/ADMINANSTON WITMER PUBLIC SAFETY G $ 324.98 12/15/2014 62245 OTHER EQ MAINTHONOR GUARD - MATERIALS FOR BELLFIRE/ADMINANSTON AMAZON.COM $ 70.66 12/15/2014 62245 OTHER EQ MAINTHONOR GUARD MATERIALS - CASESFIRE/ADMINANSTON TARGET 00009274 $ 48.99 12/15/2014 62245 OTHER EQ MAINTPHOTO SUPPLIESFIRE/ADMINANSTON QUARTET DIGITAL PRINTI $ 145.04 12/16/2014 62210 PRINTINGPRINTING OF RULES/REGSFIRE/ADMINANSTON DD/BR #338026 Q35 $ 44.66 12/19/2014 65125 OTHER COMMODITIESMABAS DIVE TRAINING REHABILITATIONFIRE/ADMINANSTON QUARTET DIGITAL PRINTI $ 346.29 12/19/2014 62210 PRINTINGPRINTING OF STRATEGIC PLANFIRE/ADMINANSTON AT&T CA13 6712 $ 90.00 12/22/2014 65125 OTHER COMMODITIESCELL PHONE LIFE PROOF PROTECTION CASEFIRE/ADMINANSTON HEARTLAND SERVICES $ 85.34 12/22/2014 62235 OFFICE EQUIPMENT MAINT.KEYBOARD FOR AMBULANCE 21 EMS COMPUTERFIRE/ADMINANSTON WALGREENS #4218 $ 54.47 12/22/2014 62245 OTHER EQ MAINTREPAIR PARTSFIRE/ADMINANSTON BEST BUY 00003137 $ 38.15 12/22/2014 65085 MINOR EQUIPMENT AND TOOLS REPAIR PARTSFIRE/ADMINANSTON THE HOME DEPOT 1902 $ 11.27 12/23/2014 65085 MINOR EQUIPMENT AND TOOLS REPAIR PARTSFIRE/ADMINANSTON WITMER PUBLIC SAFETY G $ 45.98 12/24/2014 62245 OTHER EQ MAINTSTROBE LIGHT E25 RASP BAGFIRE/ADMINANSTON THE HOME DEPOT 1902 $ 42.97 12/26/2014 65085 MINOR EQUIPMENT AND TOOLS REPAIR PARTSFIRE/ADMINANSTON THE HOME DEPOT 1902 $ 19.97 12/26/2014 65085 MINOR EQUIPMENT AND TOOLS REPAIR PARTSFIRE/ADMINANSTON LEMOI ACE HARDWARE $ 2.41 12/29/2014 65085 MINOR EQUIPMENT AND TOOLS REPAIR PARTSHEALTHNORTHSHORE UNIVERSITY $ 5.50 12/04/2014 62295 TRAINING & TRAVELEVONDA THOMAS-SMITH -RACE AND HEALTH CARE: DEALING WITH THE DISPARITYHEALTHAPHA EDONOREDUEPUBS $ 200.00 12/05/2014 62360 MEMBERSHIP DUESAMERICAN PUBLIC HEALTH ASSOCIATION MEMBERSHIP. 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REIMBURSED BY EEAPRCS/ECOLOGY CNTR LLLREPTILE AND SUPPLY $ 92.82 12/17/2014 62490 OTHER PROGRAM COSTSANIMAL CARE-ENCLOSURESPRCS/ECOLOGY CNTR JOHNSON OUTDOOR WTRCRA $ 415.40 12/18/2014 62490 OTHER PROGRAM COSTSCANOE PADDLES - REIMBURSED BY EEAPRCS/ECOLOGY CNTR THE HOME DEPOT 1902 $ 367.97 12/18/2014 62490 OTHER PROGRAM COSTSLIFEVEST RACK MATERIALS - REIMBURSED BY EEAPRCS/ECOLOGY CNTR JEWEL #3428 $ 12.94 12/19/2014 62490 OTHER PROGRAM COSTSSPLIT - ANIMAL FOOD (37.62%)PRCS/ECOLOGY CNTR JEWEL #3428 $ 21.46 12/19/2014 65110 REC PROGRAM SUPPLIESSPLIT - WINTER FREEZE CAMP FOOD (62.38%)PRCS/ECOLOGY CNTR PETSMART INC 2525 $ 269.97 12/22/2014 62490 OTHER PROGRAM COSTSANIMAL CARE-ENCLOSURESPRCS/ECOLOGY CNTR MICHAELS STORES 1040 $ 20.81 12/22/2014 65110 REC PROGRAM SUPPLIESECOFREEZE CAMP CRAFT SUPPLIESPRCS/ECOLOGY CNTR PETSMART INC 427 $ 63.97 12/24/2014 62490 OTHER PROGRAM COSTSANIMAL BEDDINGPRCS/ECOLOGY CNTR K2 CORPORATION- SPORTS $ 286.20 12/30/2014 62490 OTHER PROGRAM COSTSSNOW SHOE POLES - REIMBURSED BY EEAPRCS/ECOLOGY CNTR K2 CORPORATION- SPORTS $ 11.23 12/30/2014 62490 OTHER PROGRAM COSTSSNOW SHOE POLES SHIPPING - REIMBURSED BY EEAPRCS/ECOLOGY CNTR JEWEL #3456 $ 12.66 12/31/2014 65025 FOODSPLIT - SNACK FOR WINTER BREAK CAMP (70.92%)PRCS/ECOLOGY CNTR JEWEL #3456 $ 5.19 12/31/2014 62490 OTHER PROGRAM COSTSSPLIT -ANIMAL CARE FRESH FOOD (29.08%)PRCS/FACLEMOI ACE HARDWARE $ 26.98 12/01/2014 65050 BUILDING MAINTENANCE MATERIAL SP EV TREE LIGHTING.PRCS/FACLEMOI ACE HARDWARE $ 30.98 12/01/2014 65050 BUILDING MAINTENANCE MATERIAL SP EV TREE LIGHTING.PRCS/FACSTANDARD PIPE $ 70.28 12/02/2014 65085 MINOR EQUIP & TOOLSREPAIR AND MAINTENANCE PARTS FOR MAPLE STREET GARAGE.PRCS/FACSTANDARD PIPE $ 259.34 12/02/2014 65050 BUILDING MAINTENANCE MATERIAL WINTER OPEN FOR PARKS.PRCS/FACSOUTHSIDE CONTROL $ 47.66 12/03/2014 65050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER UPKEEP SUPPLIES.PRCS/FACPURE ELECTRIC $ 805.00 12/03/2014 65050 BUILDING MAINTENANCE MATERIAL LEVY BOLLARD BASES.PRCS/FACLEMOI ACE HARDWARE $ 26.09 12/03/2014 65085 MINOR EQUIP & TOOLSNAILS, SCREWS AND MINOR TOOLS AND EQUIPMENT.PRCS/FACTHE HOME DEPOT #8598 $ 100.00 12/03/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR BUILDING UPKEEP AND REPAIR.PRCS/FACTHE HOME DEPOT 1902 $ 363.74 12/03/2014 65510 BUILDINGS (CAP PROJECTS) PARTS FOR FLEETWOOD REPAIR.PRCS/FACTHE HOME DEPOT 1902 $ 19.92 12/03/2014 65050 BUILDING MAINTENANCE MATERIAL RODDING FOR FIREHOUSE #2.PRCS/FACTHE HOME DEPOT 1902 $ 54.82 12/04/2014 65510 BUILDINGS (CAP PROJECTS) CARPET BLADES AND KNIFE FOR FLEETWOOD REPAIRS.PRCS/FACTHE HOME DEPOT 1902 $ 68.78 12/04/2014 65050 BUILDING MAINTENANCE MATERIAL COUPLINGS, SCREWDRIVER SET AND REPAIR MATERIALS.PRCS/FACLEMOI ACE HARDWARE $ 11.99 12/04/2014 65050 BUILDING MAINTENANCE MATERIAL LIQUID PLUMBER FOR BUILDING UPKEEP AND MAINTENANCE.PRCS/FACWINZER USA $ 247.00 12/04/2014 65085 MINOR EQUIP & TOOLSORANGE NITRILE GLOVES FOR EMPLOYEES.PRCS/FACSTANDARD PIPE $ 587.50 12/04/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR MAPLE AVE. REPAIRS.PRCS/FACAMAZON MKTPLACE PMTS $ 43.47 12/04/2014 65085 MINOR EQUIP & TOOLSPURCHASE FOR CITYY IPAD ACCESSORIES.PRCS/FACTHE HOME DEPOT #8598 $ (18.60) 12/04/2014 65050 BUILDING MAINTENANCE MATERIAL REFUND FROM PURCHASE.PRCS/FACSTANDARD PIPE $ 73.27 12/04/2014 65050 BUILDING MAINTENANCE MATERIAL REPAIR PARTS FOR FIREHOUSE #2.PRCS/FACTHE HOME DEPOT 1902 $ 123.53 12/04/2014 65510 BUILDINGS (CAP PROJECTS) SUPPLIES FOR FLEETWOOD REPAIRS.PRCS/FACANDERSON LOCK CO $ 440.31 12/05/2014 65050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER DOOR EQUIPMENT AND SUPPLIES.PRCS/FACTHE HOME DEPOT 1902 $ 180.96 12/05/2014 65050 BUILDING MAINTENANCE MATERIAL SAW KIT AND PLIERS FOR BUILDING UPKEEP AND REPAIR.PRCS/FACLEMOI ACE HARDWARE $ 12.99 12/05/2014 65085 MINOR EQUIP & TOOLSSHOP MATERIALS.PRCS/FACTHE HOME DEPOT 1902 $ 47.88 12/05/2014 65510 BUILDINGS (CAP PROJECTS)STEEL SCRAPER BLADE AND TOOLS FOR FLEETWOOD REPAIRS.PRCS/FACTHE HOME DEPOT 1902 $ 23.94 12/08/2014 65510 BUILDINGS (CAP PROJECTS) FLOOR TILING SUPPLIES FOR FLEETWOOD.PRCS/FACTHE HOME DEPOT 1902 $ 22.62 12/08/2014 65050 BUILDING MAINTENANCE MATERIAL KITCHEN SINK PARTS FOR CITY BUILDING IN WARD 8.PRCS/FACABLE DISTRIBUTORS $ 25.69 12/08/2014 65085 MINOR EQUIP & TOOLSMINOR TOOLS AND SUPPLES FOR BUILDING REPAIRS.February 9, 2015Page 5 of 1655 of 567 Bank of America Credit Card for the Period ending December 31, 2014PRCS/FAC THE HOME DEPOT 1902 $ 161.54 12/08/2014 65050 BUILDING MAINTENANCE MATERIAL NOYES EQUIPMENT AND SUPPLIES.PRCS/FAC STANDARD PIPE $ 370.64 12/08/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR BUILDING REPAIR AND MAINTENANCE.PRCS/FAC THE HOME DEPOT 1902 $ 2.78 12/08/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR CIVIC CENTER UPKEEP.PRCS/FAC SOUTHSIDE CONTROL $ 317.53 12/08/2014 65050 BUILDING MAINTENANCE MATERIAL REPAIR SUPPLIES AND EQUIPMENT.PRCS/FAC WW GRAINGER $ 439.32 12/09/2014 65050 BUILDING MAINTENANCE MATERIAL CHANDLER EXTERIOR LIGHTS PURCHASE.PRCS/FAC PAYPAL INTERNATION $ 60.00 12/09/2014 62295 TRAINING & TRAVEL CONCRETE REPAIR SEMINAR.PRCS/FAC WW GRAINGER $ 815.85 12/09/2014 65050 BUILDING MAINTENANCE MATERIAL ECOLOGY LED LAMPS.PRCS/FAC EPCO PAINT STORE 1252 $ 95.66 12/09/2014 65050 BUILDING MAINTENANCE MATERIAL PAINT SUPPLIES FOR BUILDING UPKEEP AND MAINTENANCE.PRCS/FAC EVANSTON GLASS & MIRRO $ 435.00 12/09/2014 65050 BUILDING MAINTENANCE MATERIALPURCHASE FOR THERMOPANE WINDOW REPAIR AT SERVICE CENTER.PRCS/FAC DREISILKER ELEC MOT $ 210.46 12/10/2014 65050 BUILDING MAINTENANCE MATERIAL FAN BLADES AND MOTOR FOR BUILDING UPKEEP.PRCS/FAC THE HOME DEPOT 1902 $ 552.63 12/10/2014 65050 BUILDING MAINTENANCE MATERIAL NOYES EQUIPMENT AND REPAIR SUPPLIES.PRCS/FAC LEMOI ACE HARDWARE $ 22.98 12/10/2014 65085 MINOR EQUIP & TOOLS PURCHASE FOR MINOR TOOLS AND SUPPLIES.PRCS/FAC THE HOME DEPOT 1902 $ 11.54 12/11/2014 65050 BUILDING MAINTENANCE MATERIAL BENT PARK REPAIR PARTS AND MAINTENANCE.PRCS/FAC JOHNSON LOCKSMITH INC $ 17.45 12/11/2014 65050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER SUPPLIES AND EQUIPMENT.PRCS/FAC STANDARD PIPE $ 576.35 12/11/2014 65050 BUILDING MAINTENANCE MATERIAL LIBRARY REPAIRS PARTS.PRCS/FAC LENNOX INDUSTRIES $ 720.41 12/11/2014 65050 BUILDING MAINTENANCE MATERIALMOTOR MOUNTS AND BLOWERS FOR BUILDING UPKEEP AND MAINTENANCE.PRCS/FAC STANDARD PIPE $ 500.00 12/11/2014 65050 BUILDING MAINTENANCE MATERIAL NOYES SEWER PIPE PARTS.PRCS/FAC STANDARD PIPE $ 500.00 12/11/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR NOYES PIPE REPAIRS.PRCS/FAC STANDARD PIPE $ 131.83 12/11/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR NOYES REPAIRS AND MAINTENANCE.PRCS/FAC STANDARD PIPE $ 264.54 12/11/2014 65050 BUILDING MAINTENANCE MATERIAL PIPE FOR NOYES.PRCS/FAC CLARK-DEVON HARDWA $ 100.58 12/12/2014 65050 BUILDING MAINTENANCE MATERIAL BRACKETS AND SUPPLIES FOR BUILDING MAINTENANCE.PRCS/FAC JEWEL #3428 $ 39.90 12/12/2014 62295 TRAINING & TRAVEL ICE AND SUPPLIES FOR EMPLOYEE MEETING.PRCS/FAC DRAPERY CENTER INC $ 265.00 12/12/2014 65050 BUILDING MAINTENANCE MATERIALSUPPLIES FOR NEW HEALTH DEPARTMENT OFFICE CONSTRUCTION.PRCS/FAC THE HOME DEPOT 1902 $ 29.20 12/12/2014 65050 BUILDING MAINTENANCE MATERIAL TOOLS AND EQUIPMENT FOR REPAIR AND UPKEEP.PRCS/FAC STANDARD PIPE $ 37.80 12/15/2014 65085 MINOR EQUIP & TOOLS BRACKETS AND SUPPLIES FOR BUILDING REPAIR.PRCS/FAC STANDARD PIPE $ (128.14) 12/15/2014 65050 BUILDING MAINTENANCE MATERIAL CREDIT FOR PURCHASE.PRCS/FAC STANDARD PIPE $ 85.65 12/15/2014 65050 BUILDING MAINTENANCE MATERIAL DRAIN PIPE PARTS FOR BUILDING D.PRCS/FAC THE HOME DEPOT 1902 $ 253.52 12/15/2014 65050 BUILDING MAINTENANCE MATERIAL EQUIPMENT AND SUPPLIES FOR NOYES.PRCS/FAC THE HOME DEPOT 1902 $ 435.54 12/15/2014 65050 BUILDING MAINTENANCE MATERIAL EQUIPMENT AND SUPPLIES FOR NOYES.PRCS/FAC WW GRAINGER $ 396.70 12/15/2014 65050 BUILDING MAINTENANCE MATERIAL FLEET SERVICES CONTRACTORS.PRCS/FAC ACTIVE ELECTRIC SUPPLY $ 6.45 12/15/2014 65085 MINOR EQUIP & TOOLS MINOR SUPPLIES FOR BUILDING MAINTENANCE.PRCS/FAC THE HOME DEPOT 1902 $ 34.19 12/15/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR CIVIC CENTER REPAIR AND UPKEEP.PRCS/FAC THE HOME DEPOT 1902 $ 24.49 12/15/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR SERVICE CENTER UPKEEP.PRCS/FAC THE HOME DEPOT 1902 $ 32.42 12/15/2014 65050 BUILDING MAINTENANCE MATERIALTOOLS AND EQUIPMENT FOR BUILDING MAINTENANCE AND REPAIRS.PRCS/FAC THE HOME DEPOT 1902 $ 62.15 12/15/2014 65085 MINOR EQUIP & TOOLS TOOLS AND EQUIPMENT FOR REPAIRS AND UPKEEP.PRCS/FAC DREISILKER ELEC MOT $ 73.21 12/16/2014 65050 BUILDING MAINTENANCE MATERIAL REPAIR SUPPLIES AND UPKEEP EQUIPMENT.PRCS/FAC PURE ELECTRIC $ 805.00 12/17/2014 65050 BUILDING MAINTENANCE MATERIAL LEVY BOLLARD BASES.PRCS/FAC STANDARD PIPE $ 20.02 12/17/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR BUILDING UPKEEP AND REPAIR.PRCS/FAC PURE ELECTRIC $ 805.00 12/17/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR LEVY BALLARD BASES.PRCS/FAC THE HOME DEPOT 1902 $ 32.73 12/17/2014 65085 MINOR EQUIP & TOOLS SHOP SUPPLIES AND TOOLS.PRCS/FAC CHICAGO BATTERY $ 92.89 12/18/2014 65050 BUILDING MAINTENANCE MATERIAL LIGHTNING DETECTOR CHARGES.PRCS/FAC ALLAN J COLEMAN CO INC $ 196.80 12/18/2014 65050 BUILDING MAINTENANCE MATERIAL MATERIALS FOR CIVIC CENTER UPKEEP AND REPAIR.PRCS/FAC PURE ELECTRIC $ 74.96 12/18/2014 65510 BUILDINGS (CAP PROJECTS) WEIGHTROOM EQUIPMENT FOR FLEETWOOD.PRCS/FAC LENNOX INDUSTRIES $ 17.73 12/19/2014 65050 BUILDING MAINTENANCE MATERIAL BLOWER AND HOUSING FOR BUILDING UPKEEP AND REPAIR.PRCS/FAC LENNOX INDUSTRIES $ 99.94 12/19/2014 65050 BUILDING MAINTENANCE MATERIAL BUILDING UPKEEP SUPPLIES AND EQUIPMENT.PRCS/FAC INTERSTATE ALL BATTERY $ 266.32 12/19/2014 65050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER EM LIGHTING.PRCS/FAC PURE ELECTRIC $ 127.48 12/22/2014 65050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER EM LIGHTING.PRCS/FAC THE HOME DEPOT 1902 $ 209.86 12/22/2014 65050 BUILDING MAINTENANCE MATERIAL CONCRETE LEVELER FOR REPAIR AND UPKEEP.PRCS/FAC JOHNSON LOCKSMITH INC $ 4.90 12/22/2014 65050 BUILDING MAINTENANCE MATERIAL MINOR TOOLS AND EQUIPMENT.PRCS/FAC THE HOME DEPOT 1902 $ 234.25 12/22/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR FLEETWOOD REPAIR AND MAINTENANCE.PRCS/FAC THE HOME DEPOT 1902 $ 41.12 12/22/2014 65510 BUILDINGS (CAP PROJECTS) PARTS FOR FLEETWOOD REPAIRS.PRCS/FAC PURE ELECTRIC $ 28.00 12/22/2014 65510 BUILDINGS (CAP PROJECTS) WEIGHT ROOM EQUIPMENT FOR FLEETWOOD.PRCS/FAC WW GRAINGER $ 125.64 12/23/2014 65050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER JANITOR CART.PRCS/FAC ABLE DISTRIBUTORS $ 111.63 12/23/2014 65050 BUILDING MAINTENANCE MATERIAL INTERMITTENT PILOT IGNITION MODULE FOR CIVIC CENTER.PRCS/FAC STANDARD PIPE $ 112.11 12/23/2014 65050 BUILDING MAINTENANCE MATERIAL SUPPLIES FOR BUILDING D.PRCS/FAC EVANSTON SIGNS AND GRA $ 20.00 12/24/2014 65050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER SIGNS AND SUPPLIES.PRCS/FAC THE HOME DEPOT 1902 $ 187.31 12/24/2014 65050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER SUPPLIES AND REPAIR EQUIPMENT.PRCS/FAC LEMOI ACE HARDWARE $ 9.99 12/24/2014 65050 BUILDING MAINTENANCE MATERIAL MAINE BRANCH LIBRARY PARKING MATERIALS.PRCS/FAC THE HOME DEPOT 1902 $ 31.20 12/24/2014 65050 BUILDING MAINTENANCE MATERIAL MAINE BRANCH LIBRARY PARKING.February 9, 2015Page 6 of 1656 of 567 Bank of America Credit Card for the Period ending December 31, 2014PRCS/FAC PURE ELECTRIC $ 108.00 12/24/2014 65510 BUILDINGS (CAP PROJECTS) MATERIALS AND EQUIPMENT FOR FLEETWOOD.PRCS/FAC WW GRAINGER $ 833.54 12/24/2014 65510 BUILDINGS (CAP PROJECTS) MATERIALS FOR FLEETWOOD 2ND FLOOR LIGHTS.PRCS/FAC STANDARD PIPE $ 46.38 12/24/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR FIREHOUSE REPAIR.PRCS/FAC THE HOME DEPOT 1902 $ 191.85 12/24/2014 65510 BUILDINGS (CAP PROJECTS) PARTS FOR FLEETWOOD REPAIRS.PRCS/FAC THE HOME DEPOT 1902 $ 13.97 12/24/2014 65510 BUILDINGS (CAP PROJECTS) WEIGHT ROOM EQUIPMENT AND SUPPLIES.PRCS/FAC THE HOME DEPOT 1902 $ 7.45 12/26/2014 65050 BUILDING MAINTENANCE MATERIAL MAINE BRANCH LIBRARY PARKING MATERIALS.PRCS/FAC ACTIVE ELECTRIC SUPPLY $ 213.28 12/26/2014 65050 BUILDING MAINTENANCE MATERIAL MAINE BRANCH LIBRARY PARKING MATERIALS.PRCS/FAC CENTRAL RUG 1 $ 90.00 12/26/2014 65510 BUILDINGS (CAP PROJECTS) MATERIALS FOR FLEETWOOD.PRCS/FAC LEMOI ACE HARDWARE $ 19.99 12/29/2014 65085 MINOR EQUIP & TOOLS EXTENSION CORD FOR BUILDING MAINTENANCE.PRCS/FAC LEMOI ACE HARDWARE $ 2.99 12/29/2014 65510 BUILDINGS (CAP PROJECTS) FIREHOUSE #2 HEATING CONTROLS.PRCS/FAC THE HOME DEPOT 1902 $ 15.68 12/29/2014 65510 BUILDINGS (CAP PROJECTS) FIREHOUSE #2 HEATING CONTROLS.PRCS/FAC ABLE DISTRIBUTORS $ 208.85 12/30/2014 65050 BUILDING MAINTENANCE MATERIALEQUIPMENT AND SUPPLIES FOR CIVIC CENTER LOBBY LIGHT AND POWER TRANSFORMER.PRCS/FAC STANDARD PIPE $ 190.91 12/30/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR CIVIC CENTER 4TH FLOOR STAIRWELL REPAIR.PRCS/FAC WW GRAINGER $ 513.12 12/31/2014 65050 BUILDING MAINTENANCE MATERIAL OUTSIDE LIGHTS FOR POLICE DEPARTMENT.PRCS/FAC WINZER USA $ 889.36 12/31/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR CIVIC CENTER REPAIR AND UPKEEP.PRCS/FAC STANDARD PIPE $ 44.13 12/31/2014 65050 BUILDING MAINTENANCE MATERIAL PARTS FOR LIBRARY MAINTENANCE.PRCS/FAC STANDARD PIPE $ 64.48 12/31/2014 65050 BUILDING MAINTENANCE MATERIAL SERVICE CENTER RESTROOM PARTS.PRCS/FLEETWOOD JOUR CNTR TARGET 00009274 $ 55.94 12/01/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 79.40 12/03/2014 65025 FOODMILK FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRBLICK ART 800 447 1892 $ 172.91 12/03/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR BACKDROPSPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 120.53 12/03/2014 65025 FOODSUPPLIES FOR SENIOR BINGOPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 950.46 12/04/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 34.74 12/04/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 213.67 12/04/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGIGIO S $ 66.35 12/04/2014 65025 FOODSUPPLIES FOR MASON PARKPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 83.66 12/08/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRSAMSCLUB #6444 $ 53.31 12/08/2014 65025 FOODSUPPLIES FOR FINAL GIRLS PROGRAMPRCS/FLEETWOOD JOUR CNTRBATH & BODY WORKS 0052 $ 196.40 12/08/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR GIRLS FINAL PROGRAMPRCS/FLEETWOOD JOUR CNTRSUBWAY 00467514 $ 105.00 12/08/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR GIRLS PROGRAMPRCS/FLEETWOOD JOUR CNTRWALGREENS #2619 $ 75.00 12/08/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR SKATE PARTYPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 80.00 12/11/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 95.32 12/11/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 150.85 12/11/2014 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTRRADIOSHACK COR00164988 $ 90.40 12/11/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR AUDIO SYSTEMPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 20.47 12/12/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 18.74 12/12/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR MASONPRCS/FLEETWOOD JOUR CNTRSKY HIGH SPORTS NILES $ 48.75 12/15/2014 62507 FIELD TRIPSOUTING FOR MASON PARKPRCS/FLEETWOOD JOUR CNTRSKY HIGH SPORTS NILES $ 80.00 12/15/2014 62507 FIELD TRIPSOUTING FOR MASON PARKPRCS/FLEETWOOD JOUR CNTRSKY HIGH SPORTS NILES $ 36.00 12/15/2014 62507 FIELD TRIPSOUTING FOR MASON PARKPRCS/FLEETWOOD JOUR CNTRMUSEUM OF SCIENCE & IN $ 717.50 12/16/2014 62507 FIELD TRIPSFIELD TRIP FOR AFTER SCHOOLFebruary 9, 2015Page 7 of 1657 of 567 Bank of America Credit Card for the Period ending December 31, 2014PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 80.00 12/17/2014 65025 FOOD MILK FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 181.18 12/17/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 35.96 12/17/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTR ULINE SHIP SUPPLIES $ 640.00 12/18/2014 65110 REC PROGRAM SUPPLIES BAGS FOR FOOD AND TOY DRIVEPRCS/FLEETWOOD JOUR CNTR U-HAUL-EVANSTON #75876 $ 72.57 12/18/2014 65110 REC PROGRAM SUPPLIES RENTAL FOR FOOD AND TOY DRIVEPRCS/FLEETWOOD JOUR CNTR GIORDANO`S OF EVANSTON $ 63.50 12/18/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 104.79 12/18/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR FOOD AND TOY DRIVEPRCS/FLEETWOOD JOUR CNTRWALGREENS #4218 $ 23.97 12/18/2014 65110 REC PROGRAM SUPPLIESTAPE FOR FOOD AND TOY DRIVEPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 24.29 12/19/2014 65025 FOODSUPPLIES FOR AFTER SCHOOL PROGRAMPRCS/FLEETWOOD JOUR CNTRSQ EVANSTONQUICKSIGNS $ 921.25 12/19/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR FOOD AND TOY DRIVEPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 155.34 12/19/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR FOOD AND TOY DRIVEPRCS/FLEETWOOD JOUR CNTRVOGUE FABRICS $ 45.73 12/19/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR KWANZAA PRODUCTIONPRCS/FLEETWOOD JOUR CNTRWAL-MART #1998 $ 188.10 12/19/2014 65025 FOODSUPPLIES FOR MAYORS HOLIDAY PROGRAMPRCS/FLEETWOOD JOUR CNTRWAL-MART #1998 $ 158.40 12/19/2014 65025 FOODSUPPLIES FOR MAYORS HOLIDAY PROGRAMPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 17.12 12/19/2014 65025 FOODSUPPLIES FOR MAYORS HOLIDAY PROGRAMPRCS/FLEETWOOD JOUR CNTRJEWEL #3428 $ 91.90 12/19/2014 65025 FOODSUPPLIES FOR MAYORS HOLIDAY PROGRAMPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 296.24 12/22/2014 65025 FOODBREAKFAST WITH SANTAPRCS/FLEETWOOD JOUR CNTRWING STOP # 376 $ 140.45 12/22/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR FOOD AND TOY DRIVEPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 896.60 12/22/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR FOOD AND TOY DRIVEPRCS/FLEETWOOD JOUR CNTRDD/BR #338026 Q35 $ 119.88 12/22/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR FOOD AND TOY DRIVEPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 43.76 12/22/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR HOLIDAY PROJECTPRCS/FLEETWOOD JOUR CNTRUS TOY CO INC 2 $ 124.03 12/22/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR HOLIDAY PROJECTSPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 33.36 12/23/2014 65025 FOODHOLIDAY SUPPLIES FOR MASONPRCS/FLEETWOOD JOUR CNTRDOLRTREE 3059 00030593 $ 58.00 12/23/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR HOLIDAY PROJECTSPRCS/FLEETWOOD JOUR CNTRBEST BUY 00003137 $ 59.99 12/23/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR MASONPRCS/FLEETWOOD JOUR CNTRTARGET 00009274 $ 28.47 12/23/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR STORAGEPRCS/FLEETWOOD JOUR CNTRKENNY THE KLEENER-SKOK $ 111.50 12/24/2014 65110 REC PROGRAM SUPPLIESCLEANING OF TABLE CLOTHSPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 286.63 12/24/2014 65025 FOODSUPPLIES FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 23.92 12/24/2014 65025 FOODSUPPLIES FOR FJPRCS/FLEETWOOD JOUR CNTRDOLRTREE 673 00006734 $ 19.00 12/24/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR MASONPRCS/FLEETWOOD JOUR CNTROLD COUNTRY BUFFET #00 $ 312.01 12/29/2014 62507 FIELD TRIPSOUTING FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRNICKEL CITY $ 252.00 12/29/2014 62507 FIELD TRIPSOUTING FOR AFTER SCHOOLFebruary 9, 2015Page 8 of 1658 of 567 Bank of America Credit Card for the Period ending December 31, 2014PRCS/FLEETWOOD JOUR CNTR NAVY PIER GROUP SALES $ 833.00 12/29/2014 62507 FIELD TRIPS OUTING FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTR GFS MKTPLC #1915 $ 84.81 12/29/2014 65025 FOODSUPPLIES FOR KWANZAAPRCS/FLEETWOOD JOUR CNTRSUBWAY 00467514 $ 60.00 12/29/2014 65025 FOODSUPPLIES FOR KWANZAAPRCS/FLEETWOOD JOUR CNTRSUBWAY 00467514 $ 180.00 12/29/2014 65025 FOODSUPPLIES FOR KWANZAAPRCS/FLEETWOOD JOUR CNTRSUBWAY 00467514 $ 180.00 12/29/2014 65025 FOODSUPPLIES FOR KWANZAAPRCS/FLEETWOOD JOUR CNTRSUBWAY 00467514 $ 180.00 12/29/2014 65025 FOODSUPPLIES FOR KWANZAAPRCS/FLEETWOOD JOUR CNTRFOOD4LESS #0558 $ 55.24 12/29/2014 65025 FOODSUPPLIES FOR KWANZAA PROGRAMPRCS/FLEETWOOD JOUR CNTRGIGIO S $ 70.05 12/29/2014 65025 FOODSUPPLIES FOR MASON PARKPRCS/FLEETWOOD JOUR CNTRCROWN TROPHY 54 $ 77.60 12/30/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR HOLIDAY TOURNAMENTPRCS/FLEETWOOD JOUR CNTRGORDON FOOD SERVICE IN $ 40.00 12/31/2014 65025 FOODMILK FOR AFTER SCHOOLPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 126.00 12/31/2014 65040 JANITORIAL SUPPLIESSUPPLIES FOR DANCE STUDIOPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 11.97 12/31/2014 65040 JANITORIAL SUPPLIESSUPPLIES FOR DANCE STUDIO FLOORPRCS/FLEETWOOD JOUR CNTRTHE HOME DEPOT 1902 $ 126.00 12/31/2014 65040 JANITORIAL SUPPLIESSUPPLIES FOR DANCE STUDIO FLOORSPRCS/FLEETWOOD JOUR CNTRSAMS CLUB #6444 $ 57.97 12/31/2014 65025 FOODSUPPLIES FOR RETIREMENTPRCS/LEVY SEN CNTR TIME OUT NEW YORK $ 499.99 12/02/2014 62205 ADVERTISINGLAKESHORE ARTS FESTIVAL ADVERTISINGPRCS/LEVY SEN CNTR AMAZON.COM $ 78.83 12/03/2014 65110 REC PROGRAM SUPPLIESBACK-UP SURGE PROTECTORPRCS/LEVY SEN CNTR PARTY CITY $ 105.84 12/04/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR HOLIDAY BREAKFAST. WAS REIMBURSED BY THE LEVY SENIOR CENTER FOUNDATIONPRCS/LEVY SEN CNTR THE HOME DEPOT 1902 $ 19.54 12/05/2014 65050 BUILDING MAINTENANCE MATERIAL BUILDING SUPPLIESPRCS/LEVY SEN CNTR DAVIS TRANSPORTATION L $ 654.00 12/05/2014 62507 FIELD TRIPSDAYTRIP "CHRISTMAS BROADWAY" FOR SENIORSPRCS/LEVY SEN CNTR DAVIS TRANSPORTATION L $ 200.00 12/05/2014 62507 FIELD TRIPSDEPOSIT FOR SENIOR TRIPPRCS/LEVY SEN CNTR GFS MKTPLC #1915 $ 189.24 12/05/2014 65025 FOODFOOD FOR HOLIDAY BREAKFAST. WAS REIMBURSED BY THE LEVY SENIOR CENTER FOUNDATION.PRCS/LEVY SEN CNTR DD/BR #338026 Q35 $ 27.96 12/05/2014 65025 FOODROUNDTABLE FOR PROFESSIONALS AGE FRIENDLY EVANSTON!PRCS/LEVY SEN CNTR PHEASANT RUN RESORT ST $ 564.00 12/08/2014 62507 FIELD TRIPSDAYTRIP ADMISSION TO SHOW FOR SENIORSPRCS/LEVY SEN CNTR GFS MKTPLC #1915 $ 63.96 12/08/2014 65025 FOODKITCHEN SUPPLIES FOR LUNCH PROGRAMPRCS/LEVY SEN CNTR JEWEL #3487 $ 34.93 12/08/2014 65110 REC PROGRAM SUPPLIESPOINSETTAS FOR HOLIDAY PARTYPRCS/LEVY SEN CNTR AM SOCIETY AGING $ 515.00 12/10/2014 62295 TRAINING & TRAVELNATIONAL AMER SOC AGING CONFERENCE IN CHICAGO MARCH 2015PRCS/LEVY SEN CNTR AM SOCIETY AGING $ 225.00 12/12/2014 62360 MEMBERSHIP DUES MEMBERSHIP FOR THE AMERICAN SOCIETY ON AGINGPRCS/LEVY SEN CNTR LLLREPTILE AND SUPPLY $ 1,247.44 12/15/2014 62490 OTHER PROGRAM COSTSECOLOGY CRITTERS SUPPLIES: TANKS, FILTERS, TIMERS, BULBS, ETCPRCS/LEVY SEN CNTR RK WEST INC $ 857.50 12/15/2014 62490 OTHER PROGRAM COSTSPERSONAL FLOATATION DEVICES FOR CANOEING PROGRAM AT ECOLOGY. REIMBURSED BY EVANSTON ENVIRONMENTAL ASSOCIATION.PRCS/LEVY SEN CNTR MARIAN HEATH GREETING $ 224.48 12/16/2014 65110 REC PROGRAM SUPPLIES CARDS FOR THE LEVY CENTER GIFT SHOPPRCS/LEVY SEN CNTR DD/BR #338026 Q35 $ 20.99 12/17/2014 65025 FOODAGE FRIENDLY EVANSTON! TASKFORCE MEETINGPRCS/LEVY SEN CNTR 7-ELEVEN 27070 $ 3.29 12/18/2014 65025 FOODAGE FRIENDLY EVANSTON TASKFORCE MEETINGPRCS/LEVY SEN CNTR EPCO PAINT STORE 1252 $ 508.04 12/22/2014 65050 BUILDING MAINTENANCE MATERIAL PAINT FOR NOYES CENTERPRCS/LEVY SEN CNTR THE HOME DEPOT 1902 $ 70.38 12/26/2014 65050 BUILDING MAINTENANCE MATERIAL CLEANING SUPPLIES FOR BUILDINGPRCS/LEVY SEN CNTR THE HOME DEPOT 1902 $ 5.98 12/26/2014 65050 BUILDING MAINTENANCE MATERIAL OVEN CLEANER FOR KITCHENPRCS/NOYES CNTRD & D FINER FOODS $ 15.15 12/01/2014 65110 REC PROGRAM SUPPLIESEARLY CHILDHOOD SUPPLIESPRCS/NOYES CNTRMALNATIS 22 $ 94.75 12/01/2014 65025 FOODYAP REUNION FOODPRCS/NOYES CNTROCS SOLUTIONS $ 6.95 12/02/2014 62490 OTHER PROGRAM COSTSEVANSTONARTBUZZ.COMPRCS/NOYES CNTRFOOD4LESS #0558 $ 49.78 12/08/2014 65110 REC PROGRAM SUPPLIESCHRISTMAS BREAK CAMP SUPPLIESPRCS/NOYES CNTROLDE ENGLISH CRACKERS $ 17.20 12/08/2014 65110 REC PROGRAM SUPPLIESCHRISTMAS BREAK CAMP SUPPLIESPRCS/NOYES CNTRAMAZON MKTPLACE PMTS $ 51.99 12/11/2014 65110 REC PROGRAM SUPPLIESALL ARTS PROGRAMS SUPPLIES (BUTCHER PAPER)PRCS/NOYES CNTRAMAZON MKTPLACE PMTS $ 18.99 12/11/2014 65110 REC PROGRAM SUPPLIESJUG GLUE ALL ARTS PROGRAM SUPPLIESPRCS/NOYES CNTRAMAZON MKTPLACE PMTS $ 15.60 12/11/2014 65110 REC PROGRAM SUPPLIESWINTER BREAK CAMP SUPPLIESFebruary 9, 2015Page 9 of 1659 of 567 Bank of America Credit Card for the Period ending December 31, 2014PRCS/NOYES CNTR AMAZON MKTPLACE PMTS $ 19.95 12/15/2014 65110 REC PROGRAM SUPPLIES WINTER BREAK CAMP SUPPLIESPRCS/NOYES CNTR AMERICANS FOR THE ARTS $ 150.00 12/17/2014 62360 MEMBERSHIP DUES MEMBERSHIP LASIK AND ALLYNPRCS/NOYES CNTR D & D FINER FOODS $ 28.92 12/17/2014 65110 REC PROGRAM SUPPLIES WINTER BREAK SUPPLIESPRCS/NOYES CNTR D & D FINER FOODS $ 15.72 12/30/2014 65110 REC PROGRAM SUPPLIES WINTER BREAK SUPPLIESPRCS/PARKS FORESTRY ARBORWEAR LLC $ 969.95 12/04/2014 65085 MINOR EQUIP & TOOLS ARBORIST PLANTS AND MATERIALS.PRCS/PARKS FORESTRY DES PLAINES MATERIAL & $ 537.50 12/05/2014 65085 MINOR EQUIP & TOOLSBANDING SUPPLIES.PRCS/PARKS FORESTRY THE HOME DEPOT 1902 $ 24.71 12/05/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES FOR PURCHASE.PRCS/PARKS FORESTRY HAROLD'S TRUE VALUE HD $ 7.49 12/05/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY HAROLD'S TRUE VALUE HD $ 36.96 12/05/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES.PRCS/PARKS FORESTRY THE HOME DEPOT 1902 $ 14.56 12/05/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSEQT MAINTENANCE SUPPLY PURCHASE.PRCS/PARKS FORESTRY FISHER EQUIPMENT $ 594.70 12/08/2014 65085 MINOR EQUIP & TOOLSBANDING SUPPLIES.PRCS/PARKS FORESTRY FISHER EQUIPMENT $ 832.68 12/08/2014 65085 MINOR EQUIP & TOOLSBANDING SUPPLIES.PRCS/PARKS FORESTRY THE HOME DEPOT 1902 $ 72.00 12/08/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY CITY WELDING SALES AND $ 35.61 12/08/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY CARQUEST 2759 $ 62.50 12/08/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY THE HOME DEPOT 1902 $ 79.96 12/08/2014 65085 MINOR EQUIP & TOOLSTARPS FOR TOP SOIL.PRCS/PARKS FORESTRY DES PLAINES MATERIAL & $ 950.00 12/08/2014 65085 MINOR EQUIP & TOOLSTOP SOIL MATERIALS.PRCS/PARKS FORESTRY ARBOR DAY FOUNDATION W $ 10.00 12/09/2014 62360 MEMBERSHIP DUESARBOR DAY FOUNDATION MEMBERSHIP DUES.PRCS/PARKS FORESTRY ARBORWEAR LLC $ 65.00 12/09/2014 65085 MINOR EQUIP & TOOLSARBORIST PANTS.PRCS/PARKS FORESTRY CARQUEST 2759 $ 164.99 12/09/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY DES PLAINES MATERIAL & $ 750.00 12/09/2014 65085 MINOR EQUIP & TOOLSTOP SOIL MATERIALS.PRCS/PARKS FORESTRY THE HOME DEPOT 1902 $ 135.57 12/10/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY DES PLAINES MATERIAL & $ 850.00 12/10/2014 65085 MINOR EQUIP & TOOLSTOP SOIL MATERIALS.PRCS/PARKS FORESTRY CARQUEST 2759 $ 9.98 12/11/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY LEMOI ACE HARDWARE $ 25.00 12/11/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY STOCOTE PRODUCTS INC $ 667.78 12/12/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSEQT MAINTENANCE MATERIALS.PRCS/PARKS FORESTRY DD/BR #338026 Q35 $ 119.95 12/12/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSEQT MAINTENANCE MATERIALS.PRCS/PARKS FORESTRY DES PLAINES MATERIAL & $ 492.50 12/12/2014 65085 MINOR EQUIP & TOOLSTOP SOIL MATERIALS.PRCS/PARKS FORESTRY CONTINENTAL RESEARCH C $ 341.69 12/15/2014 65090 SAFETY EQUIPMENTSAFETY SUPPLY PURCHASE.PRCS/PARKS FORESTRY DES PLAINES MATERIAL & $ 850.00 12/15/2014 65085 MINOR EQUIP & TOOLSTOP SOIL MATERIALS.PRCS/PARKS FORESTRY PARTSTREE.COM $ 61.97 12/16/201462199 PRK MAINTENANCE & FURNITUR REPLACEEQT MAINTENANCE SUPPLIES PURCHASE FOR PARKS.PRCS/PARKS FORESTRY EPCO PAINT STORE 1252 $ 52.23 12/16/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY CINTAS 60A SAP $ 100.16 12/17/2014 65085 MINOR EQUIP & TOOLSCINTAS FIRST AID SUPPLIES.PRCS/PARKS FORESTRY CINTAS 60A SAP $ 77.62 12/17/2014 65085 MINOR EQUIP & TOOLSCINTAS FIRST AID SUPPLIES.PRCS/PARKS FORESTRY LEMOI ACE HARDWARE $ 10.99 12/17/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSEQT MAINTENANCE MATERIALS.PRCS/PARKS FORESTRY STOCOTE PRODUCTS INC $ 621.62 12/17/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSEQT MAINTENANCE MATERIALS.PRCS/PARKS FORESTRY WW GRAINGER $ 97.08 12/17/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSEQT MAINTENANCE MATERIALS.PRCS/PARKS FORESTRY WW GRAINGER $ 7.25 12/17/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSEQT MAINTENANCE MATERIALS.PRCS/PARKS FORESTRY WW GRAINGER $ 161.80 12/17/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSEQT MAINTENANCE MATERIALS.PRCS/PARKS FORESTRY REINDERS T&I - KEYED $ 152.02 12/17/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY LEMOI ACE HARDWARE $ 69.97 12/17/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.February 9, 2015Page 10 of 1660 of 567 Bank of America Credit Card for the Period ending December 31, 2014PRCS/PARKS FORESTRY LEMOI ACE HARDWARE $ 25.45 12/18/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY RADIOSHACK COR00164145 $ 24.99 12/19/2014 65010 BOOKS, PUBLICATIONS, MAPS CASE FOR CITY IPAD MINI.PRCS/PARKS FORESTRY ARLINGTON POWER EQUIPM $ 295.20 12/19/2014 65085 MINOR EQUIP & TOOLSCHAINSAW CHAIN.PRCS/PARKS FORESTRY THE HOME DEPOT 1902 $ 21.97 12/19/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY KENDALL HILL NURSER $ 77.25 12/22/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY CITY WELDING SALES AND $ 61.12 12/23/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/PARKS FORESTRY DES PLAINES MATERIAL & $ 850.00 12/23/2014 65085 MINOR EQUIP & TOOLSTOP SOIL MATERIALS.PRCS/PARKS FORESTRY DES PLAINES MATERIAL & $ 850.00 12/23/2014 65085 MINOR EQUIP & TOOLSTOP SOIL MATERIALS.PRCS/PARKS FORESTRY DES PLAINES MATERIAL & $ 850.00 12/24/2014 65085 MINOR EQUIP & TOOLSTOP SOIL MATERIALS.PRCS/PARKS FORESTRY LEMOI ACE HARDWARE $ 39.99 12/30/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALEQT MAINTENANCE SUPPLIES PURCHASE.PRCS/RBT CROWN CNTR EVANSTON NOW LLC $ 300.00 12/01/2014 62205 ADVERTISINGNUTCRACKER ICE SHOW ADVERTISING.PRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 185.08 12/02/2014 65025 FOODAFTER SCHOOL ADVENTURE SNACKPRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 62.91 12/02/2014 65110 REC PROGRAM SUPPLIESAFTER SCHOOL ADVENTURE SUPPLIESPRCS/RBT CROWN CNTR PETSMART INC 427 $ 53.21 12/02/2014 65110 REC PROGRAM SUPPLIESANIMAL SUPPLIESPRCS/RBT CROWN CNTR DISCOUNT SCHOOL SUPPLY $ 193.90 12/02/2014 65110 REC PROGRAM SUPPLIESCLASSROOM SUPPLIES FOR SCHOOL AGE PROGRAMS.PRCS/RBT CROWN CNTR CROWN TROPHY 54 $ 74.38 12/02/2014 65110 REC PROGRAM SUPPLIESNUTCRACKER PINS.PRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 188.76 12/02/2014 65025 FOODPRESCHOOL SNACKPRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 108.40 12/02/2014 65110 REC PROGRAM SUPPLIESPRESCHOOL SUPPLIESPRCS/RBT CROWN CNTR UFIRST LAUNDRY SVCS $ 32.49 12/03/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALMATTED CARPETS FOR LOBBY AREA.PRCS/RBT CROWN CNTR OLD COUNTRY BUFFET #00 $ 158.69 12/04/2014 62507 FIELD TRIPSAFTER SCHOOL PROGRAM FIELD TRIP.PRCS/RBT CROWN CNTR OLD COUNTRY BUFFET #00 $ 25.08 12/04/2014 62507 FIELD TRIPSAFTER SCHOOL PROGRAM FIELD TRIP.PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 35.90 12/04/2014 65025 FOODPRESCHOOL MILKPRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 21.27 12/04/2014 65025 FOODPRESCHOOL SNACKPRCS/RBT CROWN CNTR WALGREENS #4218 $ 100.93 12/05/2014 65110 REC PROGRAM SUPPLIESPRESCHOOL MEDICAL SUPPLIESPRCS/RBT CROWN CNTR WILMETTE BICYCLE & SPO $ 120.00 12/05/2014 65110 REC PROGRAM SUPPLIESRENTAL SKATE SHARPENING.PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 13.36 12/05/2014 65025 FOODSNACKSPRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 16.74 12/05/2014 65025 FOODSNACKSPRCS/RBT CROWN CNTR MICHAELS STORES 3849 $ 46.98 12/08/2014 65110 REC PROGRAM SUPPLIESART SUPPLIES FOR CLASS.PRCS/RBT CROWN CNTR THOMPSON BRANDS LLC $ 379.67 12/08/2014 65025 FOODCANDY NUTCRACKERS FOR ICE SHOW.PRCS/RBT CROWN CNTR US TOY CO INC 2 $ 84.28 12/08/2014 65110 REC PROGRAM SUPPLIESCLASSROOM EQUIPMENT FOR SCHOOL AGE PROGRAMS.PRCS/RBT CROWN CNTR PARTY CITY $ 22.89 12/08/2014 65110 REC PROGRAM SUPPLIESDECORATIONS AND SUPPLIES FOR CLASS PARTIES.PRCS/RBT CROWN CNTR PARTY CITY $ 166.80 12/08/2014 65110 REC PROGRAM SUPPLIESDECORATIONS FOR ICE SHOW.PRCS/RBT CROWN CNTR TARGET 00009274 $ 76.11 12/08/2014 65110 REC PROGRAM SUPPLIESDECORATIONS FOR LOBBY AND OFFICE.PRCS/RBT CROWN CNTR MENARDS MORTON GROVE $ 182.44 12/08/2014 65110 REC PROGRAM SUPPLIESPROP SUPPLIES FOR ICE SHOW SET.PRCS/RBT CROWN CNTR U-HAUL-EVANSTON #75876 $ 9.18 12/08/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALPROPANE FOR ICE EDGER.PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 15.56 12/09/2014 65110 REC PROGRAM SUPPLIESPRESCHOOL HAND SOAPPRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 16.74 12/09/2014 65025 FOODPRESCHOOL MILKPRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 6.94 12/09/2014 65025 FOODPRESCHOOL SNACKPRCS/RBT CROWN CNTR UFIRST LAUNDRY SVCS $ 32.49 12/10/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCARPET MATS FOR LOBBY AREA.PRCS/RBT CROWN CNTR THE HOME DEPOT 1902 $ 183.54 12/10/2014 65110 REC PROGRAM SUPPLIESPROP SUPPLIES FOR ICE SHOW.PRCS/RBT CROWN CNTR NONSTOP DANCING $ 125.00 12/11/2014 65110 REC PROGRAM SUPPLIESCOSTUMES FOR ICE SHOW.PRCS/RBT CROWN CNTR PAPA JOHN'S 01012 $ 127.63 12/11/2014 65025 FOODNUTCRACKER VOLUNTEERS DURING SET UP.PRCS/RBT CROWN CNTR GRACE ENTERPRISES $ 1,000.00 12/11/2014 62210 PRINTINGPROGRAMS FOR NUTCRACKER ON ICE PRODUCTTION.PRCS/RBT CROWN CNTR WALGREENS #4218 $ 35.01 12/11/2014 65025 FOODSNACKS FOR PROGRAM.PRCS/RBT CROWN CNTR THE HOME DEPOT 1902 $ 92.69 12/11/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR ICE SHOW.PRCS/RBT CROWN CNTR VOGUE FABRICS $ 134.14 12/12/2014 65110 REC PROGRAM SUPPLIESMATERIAL FOR ICE SHOW COSTUMES.PRCS/RBT CROWN CNTR THE HOME DEPOT 1902 $ 134.95 12/12/2014 65110 REC PROGRAM SUPPLIESNUTCRACKER SET SUPPLIES.PRCS/RBT CROWN CNTR SCHOLASTIC BOOK CLUB $ 55.00 12/12/2014 65110 REC PROGRAM SUPPLIESPRESCHOOL BOOKSPRCS/RBT CROWN CNTR WALGREENS #4218 $ 13.26 12/12/2014 65025 FOODSNACKSPRCS/RBT CROWN CNTR WALGREENS #4218 $ 22.05 12/15/2014 65110 REC PROGRAM SUPPLIESBATTERIESPRCS/RBT CROWN CNTR THE HOME DEPOT 1902 $ 60.85 12/15/2014 65050 BUILDING MAINTENANCE MATERIAL EXTENSION CORDS, AND CIRCUIT BREAKERS.PRCS/RBT CROWN CNTR RMC INC $ 602.00 12/15/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALLEAKING VALVE.PRCS/RBT CROWN CNTR TARGET 00009274 $ 11.96 12/15/2014 65110 REC PROGRAM SUPPLIESMATERIALS FOR SHOW.PRCS/RBT CROWN CNTR DD/BR #338026 Q35 $ 71.95 12/15/2014 65025 FOODREFREHSMENTS FOR FRIDAY MATINEE ICE SHOW VOLUNTEERS.February 9, 2015Page 11 of 1661 of 567 Bank of America Credit Card for the Period ending December 31, 2014PRCS/RBT CROWN CNTR SQ LEONARD SMITH $ 850.00 12/15/2014 41213 RESERVE CROWN ADVISORY BOARDSEARCHLIGHTS FOR 40TH ANNIVERSARY NUTCRACKER ICE SHOW.PRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 74.31 12/15/2014 65025 FOODSNACKSPRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 127.82 12/15/2014 65025 FOODSNACKS FOR PROGRAMS.PRCS/RBT CROWN CNTR UFIRST LAUNDRY SVCS $ 32.49 12/16/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCARPETED MATS FOR LOBBY AREA.PRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 94.62 12/16/2014 65025 FOODPRESCHOOL SNACKPRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 40.90 12/16/2014 65110 REC PROGRAM SUPPLIESPRESCHOOL SUPPLIESPRCS/RBT CROWN CNTR HOUSE OF RENTAL $ 166.50 12/16/2014 41213 RESERVE CROWN ADVISORY BOARD TRUCK RENTAL TO PICK UP DONATION.PRCS/RBT CROWN CNTR PETSMART INC 427 $ 86.40 12/17/2014 65110 REC PROGRAM SUPPLIESPRESCHOOL ANIMAL SUPPLIESPRCS/RBT CROWN CNTR JEWEL #3428 $ 14.95 12/17/2014 65025 FOODPRESCHOOL MILKPRCS/RBT CROWN CNTR TRADER JOE'S #702 QPS $ 15.92 12/17/2014 65025 FOODPRESCHOOL SNACKPRCS/RBT CROWN CNTR JEWEL #3428 $ 44.14 12/17/2014 65025 FOODPRESCHOOL SNACKPRCS/RBT CROWN CNTR STARBUCKS #09559 EVANS $ 50.00 12/18/2014 65110 REC PROGRAM SUPPLIESGIFT CERTICATES FOR THEME SKATE EVENT.PRCS/RBT CROWN CNTR RMC INC $ 601.00 12/18/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALVALVE REPAIRS.PRCS/RBT CROWN CNTR IN GOURMET GORILLA, I $ 497.80 12/19/2014 65025 FOODPRESCHOOL LUNCHPRCS/RBT CROWN CNTR IN GOURMET GORILLA, I $ 500.00 12/19/2014 65025 FOODPRESCHOOL LUNCHPRCS/RBT CROWN CNTR IN GOURMET GORILLA, I $ 500.00 12/19/2014 65025 FOODPRESCHOOL LUNCHPRCS/RBT CROWN CNTR IN GOURMET GORILLA, I $ 500.00 12/19/2014 65025 FOODPRESCHOOL LUNCHPRCS/RBT CROWN CNTR IN GOURMET GORILLA, I $ 500.00 12/19/2014 65025 FOODSNACKS FOR PRESCHOOL PROGRAMS.PRCS/RBT CROWN CNTR IN GOURMET GORILLA, I $ 385.10 12/19/2014 65025 FOODSNACKS FOR PRESCHOOL PROGRAMS.PRCS/RBT CROWN CNTR IN GOURMET GORILLA, I $ 500.00 12/19/2014 65025 FOODSNACKS FOR PRESCHOOL PROGRAMS.PRCS/RBT CROWN CNTR TARGET 00009274 $ 43.22 12/22/2014 65110 REC PROGRAM SUPPLIESCHRISTMAS DECORATIONS FOR OFFICE AREA AND TREES.PRCS/RBT CROWN CNTR BRUNSWICK ZONE NILES $ 616.00 12/22/2014 62507 FIELD TRIPSFIELD TRIPS.PRCS/RBT CROWN CNTR MCDONALD'S M6867 OF $ 50.00 12/22/2014 65110 REC PROGRAM SUPPLIESGIFT CERTICATES FOR ICE SKATING THEME EVENT.PRCS/RBT CROWN CNTR WALGREENS #4218 $ 8.19 12/22/2014 65110 REC PROGRAM SUPPLIESPRESCHOOL PHOTOSPRCS/RBT CROWN CNTR WALGREENS #4218 $ 66.41 12/22/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR THE FROZEN SKATE EVENT.PRCS/RBT CROWN CNTR PETSMART INC 427 $ 45.65 12/23/2014 65110 REC PROGRAM SUPPLIESPRESCHOOL ANIMAL SUPPLIESPRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 128.01 12/23/2014 65025 FOODPRESCHOOL SNACKPRCS/RBT CROWN CNTR IN GOURMET GORILLA, I $ 1,496.56 12/23/2014 65025 FOODSNACKS FOR PRESCHOOL PROGRAMS.PRCS/RBT CROWN CNTR IN NEIL ESTRICK GALLE $ 463.75 12/24/2014 65110 REC PROGRAM SUPPLIESKILN REPAIRPRCS/RBT CROWN CNTR IN NEIL ESTRICK GALLE $ 474.00 12/24/2014 65110 REC PROGRAM SUPPLIESKILN REPAIRPRCS/RBT CROWN CNTR GAND MUSIC & SOUND $ 540.00 12/24/2014 65110 REC PROGRAM SUPPLIESWIRELESS HEADSETS FOR ICE SHOW.PRCS/RBT CROWN CNTR ENCHANTED CASTLE $ 221.00 12/26/2014 62507 FIELD TRIPSFIELD TRIPPRCS/RBT CROWN CNTR TRADER JOE'S #702 QPS $ 49.31 12/29/2014 65025 FOODPRESCHOOL SNACKSPRCS/RBT CROWN CNTR PAPER SOURCE $ 20.18 12/29/2014 65110 REC PROGRAM SUPPLIESWINDOW STICKERS FOR FROZEN SKATE EVENT.PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 11.16 12/30/2014 65025 FOODPRESCHOOL MILKPRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 12.91 12/30/2014 65110 REC PROGRAM SUPPLIESPRESCHOOL SUPPLIESPRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 51.21 12/30/2014 65025 FOODWINTER BREAK CAMP SNACKSPRCS/RBT CROWN CNTR UFIRST LAUNDRY SVCS $ 32.49 12/31/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCARPETED MATS FOR LOBBY AREA.PRCS/RBT CROWN CNTR PETSMART INC 427 $ 13.36 12/31/2014 65110 REC PROGRAM SUPPLIESSUPPLIES FOR CLASSROOM PETS.PRCS/RBT CROWN CNTR ORBIT SKATE CENTER $ 223.51 12/31/2014 62507 FIELD TRIPSWINTER BREAK CAMP FIELD TRIPPRCS/RECREATIONORIENTAL TRADING CO $ 68.36 12/01/2014 65110 REC PROGRAM SUPPLIESTABLE COVERS, GIFT BAGS, PICTURE MAGNETS FOR HOLIDAY PARTYPRCS/RECREATIONVISTAPR VISTAPRINT.COM $ 85.61 12/03/2014 65110 REC PROGRAM SUPPLIESHOLIDAY CARDS SENT TO THE VENDORS AT THE FARMERS' MARKETPRCS/RECREATIONFOOD4LESS #0558 $ 57.39 12/05/2014 65025 FOODREFRESHMENTS FOR PRCS DEPT RETREATPRCS/RECREATIONMICHAELS STORES 2037 $ 70.02 12/08/2014 22790 EMPLOYEE ADVISORY COMMITTEE COE STAFF LUNCHEON- TABLE AND ROOM DECORATIONSPRCS/RECREATIONMICHAELS STORES 2037 $ 48.53 12/08/2014 22790 EMPLOYEE ADVISORY COMMITTEE COE STAFF LUNCHEON- TABLE DECORATIONSPRCS/RECREATIONDUNKIN #306178 Q35 $ 108.98 12/08/2014 65025 FOODPRCS STAFF RETREAT REFRESHMENTSPRCS/RECREATIONMICHAELS STORES 2037 $ (52.52) 12/08/2014 65110 REC PROGRAM SUPPLIESRETURN OF PRODUCTS DUE TO OVERCHARGEPRCS/RECREATIONTARGET 00009282 $ 50.75 12/09/2014 22790 EMPLOYEE ADVISORY COMMITTEE COE STAFF LUNCHEON- PAPER PRODUCTSPRCS/RECREATIONDOLRTREE 673 00006734 $ 10.00 12/10/2014 22790 EMPLOYEE ADVISORY COMMITTEE COE STAFF LUNCHEON- DECORATIONSPRCS/RECREATIONMICHAELS STORES 3849 $ 25.62 12/10/2014 22790 EMPLOYEE ADVISORY COMMITTEE COE STAFF LUNCHEON- DECORATIONSPRCS/RECREATIONPARTY CITY $ 21.87 12/10/2014 22790 EMPLOYEE ADVISORY COMMITTEE COE STAFF LUNCHEON- PAPER PRODUCTSPRCS/RECREATIONMICHAELS STORES 8625 $ 55.74 12/10/2014 65125 OTHER COMMODITIESPRCS STAFF LUNCHEON- CRAFT ACTIVITYPRCS/RECREATIONMICHAELS STORES 3849 $ 65.95 12/10/2014 65125 OTHER COMMODITIESPRCS STAFF LUNCHEON- CRAFT ACTIVITYPRCS/RECREATIONVISTAPR VISTAPRINT.COM $ (46.50) 12/10/2014 65110 REC PROGRAM SUPPLIESREFUND FOR OVER CHARGEPRCS/RECREATIONGFS MKTPLC #1915 $ 85.37 12/11/2014 22790 EMPLOYEE ADVISORY COMMITTEE COE STAFF LUNCHEON- TABLECLOTHES AND DESSERTSPRCS/RECREATIONTARGET 00009274 $ 44.95 12/12/2014 65110 REC PROGRAM SUPPLIESCHILD SIZE GROCERY CARTS FOR THE FARMERS' MARKETPRCS/RECREATIONMALNATIS 22 $ 300.00 12/15/2014 65025 FOODCATERED PASTA AND SALAD FOR HOLIDAY PARTYFebruary 9, 2015Page 12 of 1662 of 567 Bank of America Credit Card for the Period ending December 31, 2014PRCS/RECREATION CENTURY THEATRES 43QPS $ 309.50 12/15/2014 62507 FIELD TRIPSFIELD TRIP FOR RCC AFTERSCHOOL PROGRAM -(NUTCRACKER WEEKEND)PRCS/RECREATION ILLINOIS PAPER & COPIE $ 538.00 12/15/2014 65095 OFFICE SUPPLIESPAPER SUPPLIES FOR PARKS AND RECREATION PROGRAMSPRCS/RECREATIONFOOD4LESS #0558 $ 19.60 12/15/2014 65025 FOODPEPSI, 7UP, AND ICE CREAM FOR HOLIDAY PARTYPRCS/RECREATIONFOOD4LESS #0558 $ (1.15) 12/15/2014 65025 FOODREFUND OF TAX CHARGE FOR PURCHASEPRCS/RECREATIONOFFICE DEPOT #510 $ 39.71 12/16/2014 65110 REC PROGRAM SUPPLIESBINDERS FOR COACH WORKSHOP, DESK CALENDERPRCS/RECREATIONTARGET 00009274 $ 99.59 12/16/2014 65125 OTHER COMMODITIESPRCS STAFF LUNCHEON- CRAFT ACTIVITYPRCS/RECREATIONGFS MKTPLC #1915 $ 195.03 12/16/2014 65125 OTHER COMMODITIESPRCS STAFF LUNCHEON- FOODPRCS/RECREATIONVISTAPR VISTAPRINT.COM $ (6.64) 12/16/2014 65110 REC PROGRAM SUPPLIESREFUND FOR OVERCHARGEPRCS/RECREATION200 W RANDOLPH SELF PA $ 16.00 12/17/2014 62295 TRAINING & TRAVELPARKING FEE FOR BOAT RAMP IMPROVEMENT MEETING WITH OVERSIGHT AGENCIESPRCS/RECREATIONDOLRTREE 673 00006734 $ 35.50 12/17/2014 65125 OTHER COMMODITIESPRCS STAFF LUNCHEON- CRAFT ACTIVITYPRCS/RECREATIONMALNATIS 22 $ 407.42 12/18/2014 65125 OTHER COMMODITIESPRCS STAFF LUNCHEON- FOODPRCS/RECREATIONMALNATIS 22 $ 377.43 12/18/2014 65125 OTHER COMMODITIESPRCS STAFF LUNCHEON- FOODPRCS/RECREATIONMOTION WATER SPORTS IN $ (57.98) 12/19/2014 65110 REC PROGRAM SUPPLIESRETURN OF FAULTY TUBEPRCS/RECREATIONGFS MKTPLC #1915 $ 11.98 12/22/2014 65025 FOODFOOD FOR BREAKFAST WITH SANTA EVENTPRCS/RECREATIONGFS MKTPLC #1915 $ 701.81 12/22/2014 62490 OTHER PROGRAM COSTSPURCHASE OF TURKEYS FOR MAYOR'S HOLIDAY EVENTPRCS/RECREATIONSTUDENT TRANSPORTATION $ 400.00 12/23/2014 62507 FIELD TRIPSSPLIT - BUS RENTAL FOR DEPARTMENT'S FIELD TRIPS 3040.62507 (40%)PRCS/RECREATIONSTUDENT TRANSPORTATION $ 600.00 12/23/2014 62507 FIELD TRIPSSPLIT - BUS RENTAL FOR DEPARTMENT'S FIELD TRIPS 3095.62507 (60%)PRCS/RECREATIONPLUG N PAY INC $ 47.30 12/26/2014 62490 OTHER PROGRAM COSTSWEB TRAC SERVICE FEE FOR PROCESSING CREDIT CARD TRANSACTIONS FOR REC TRACPRCS/RECREATIONPLUG N PAY INC $ 161.78 12/26/2014 62490 OTHER PROGRAM COSTSWEB TRAC SERVICE FEE FOR PROCESSING CREDIT CARD TRANSACTIONS FOR REC TRACPRCS/RECREATIONAMAZONPRIME MEMBERSHIP $ 99.00 12/29/2014 65125 OTHER COMMODITIESDISPUTED CHARGE- CONTACTED MASTERCARD CREDIT PENDINGPRCS/RECREATIONOFFICE DEPOT #510 $ 24.00 12/31/2014 65110 REC PROGRAM SUPPLIESBINDERS FOR COACH WORKSHOPPRCS/YOUTH ENGAGEMENT RED LIGHT ENFORCEMENT $ 102.50 12/12/2014 62490 OTHER PROGRAM COSTSCITY OUTREACH WORKER OUTREACH VEHICLE COSTS.PRCS/YOUTH ENGAGEMENT SQ EVANSTON CHICKEN S $ 166.48 12/15/2014 65025 FOODFOOD FOR TEEN SUMMIT AT MASON PARK FIELD HOUSEPRCS/YOUTH ENGAGEMENT WALGREENS #2619 $ 6.11 12/15/2014 65025 FOODWATER FOR TEEN SUMMIT AT MASON PARK FIELD HOUSEPUBLIC WORKS/ADMIN TARGET 00011684 $ 120.96 12/01/2014 62295 TRAINING & TRAVELSUPPLIES FOR MEETING/TRAINING.PUBLIC WORKS/ADMIN NSC NORTHERN SAFETY CO $ 105.77 12/02/2014 65090 SAFETY EQUIPMENTSAFETY SUPPLIES AND EQUIPMENT.PUBLIC WORKS/ADMIN EVANSTON SIGNS AND GRA $ 36.00 12/03/2014 65050 BUILDING MAINTENANCE MATERIAL AED SIGNS FOR CIVIC CENTERPUBLIC WORKS/ADMIN NSC NORTHERN SAFETY CO $ 120.71 12/03/2014 65090 SAFETY EQUIPMENTSAFETY SUPPLIES AND EQUIPMENT.PUBLIC WORKS/ADMIN LEMOI ACE HARDWARE $ 9.98 12/04/2014 65050 BUILDING MAINTENANCE MATERIAL MINOR TOOLS AND EQUIPMENT.PUBLIC WORKS/ADMIN COMPUTER TRAINING S $ (289.00) 12/04/2014 62295 TRAINING & TRAVELREFUND FOR PURCHASE.PUBLIC WORKS/ADMIN MURRAY AND TRETTEL, IN $ 1,050.00 12/05/2014 65515 OTHER IMPROVEMENTSSITE SPECIFIC SNOW TOTALS.PUBLIC WORKS/ADMIN OFFICE DEPOT #510 $ 25.97 12/10/2014 65090 SAFETY EQUIPMENTUSB DRIVES FOR ENGINEERINGPUBLIC WORKS/ADMIN OFFICE DEPOT #510 $ 29.99 12/12/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALOFFICE SUPPLIES.PUBLIC WORKS/ADMIN FASTENAL COMPANY01 $ 233.57 12/12/2014 65050 BUILDING MAINTENANCE MATERIAL SUPPLIES AND EQUIPMENT FOR MAINTENANCE.PUBLIC WORKS/ADMIN EVANSTON IMPRINTABLES $ 235.15 12/15/2014 65090 SAFETY EQUIPMENTSAFETY COAT AND VESTS FOR ENGINEERING.PUBLIC WORKS/ADMIN FULLIFE SAFETY $ 340.00 12/17/2014 65090 SAFETY EQUIPMENTEQUIPMENT AND SUPPLIES FOR BUILDING MAINTENANCE.PUBLIC WORKS/ADMIN FULLIFE SAFETY $ 192.08 12/17/2014 65090 SAFETY EQUIPMENTSAFETY EQUIPMENT AND SUPPLIES.PUBLIC WORKS/ADMIN NSC NORTHERN SAFETY CO $ 222.83 12/22/2014 65090 SAFETY EQUIPMENTSAFETY EQUIPMENT AND SUPPLIES.PUBLIC WORKS/ADMIN NSC NORTHERN SAFETY CO $ 167.76 12/22/2014 65090 SAFETY EQUIPMENTSAFETY EQUIPMENT AND SUPPLIES.PUBLIC WORKS/ADMIN MIDWEST FENCE CORPORAT $ 3,305.82 12/23/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSGUARD RAIL REPAIR.PUBLIC WORKS/ADMIN U OF IL ONLINE PAYMENT $ 50.00 12/26/2014 62295 TRAINING & TRAVELREGISTRATION FOR TRAINING/CLASS.PUBLIC WORKS/ADMIN DICK'S CLOTHING&SPORTI $ 199.90 12/29/2014 65050 BUILDING MAINTENANCE MATERIAL DUMBBELLS FOR FITNESS ROOM AT CIVIC CENTER.PUBLIC WORKS/ADMIN DICK'S CLOTHING&SPORTI $ 9.98 12/29/2014 65050 BUILDING MAINTENANCE MATERIAL DUMBBELLS FOR FITNESS ROOM AT CIVIC CENTER.PUBLIC WORKS/ADMIN AMERICAN PUBLIC WORKS $ 390.00 12/31/2014 62295 TRAINING & TRAVELAPWA AWARDS LUNCHEON.PUBLIC WORKS/FLEET IMPERIAL SUPPLIES $ 55.49 12/04/2014 65060 MATERIALS TO MAINTAIN AUTOS RECIPRICATING SAW BLADESPUBLIC WORKS/FLEET WW GRAINGER $ (32.88) 12/05/2014 65060 MATERIALS TO MAINTAIN AUTOS FLUORESCENT BULBS DELIVERED BROKENPUBLIC WORKS/FLEET LEMOI ACE HARDWARE $ 22.95 12/08/2014 65060 MATERIALS TO MAINTAIN AUTOS NUTS/BOLTSPUBLIC WORKS/FLEET LEMOI ACE HARDWARE $ 18.99 12/10/2014 65060 MATERIALS TO MAINTAIN AUTOS TIMER FOR #316PUBLIC WORKS/FLEET ZORO TOOLS INC $ 227.63 12/15/2014 65085 MINOR EQUIPMENT AND TOOLS RATCHET PULLERPUBLIC WORKS/FLEET AMAZON MKTPLACE PMTS $ 141.64 12/16/2014 65085 MINOR EQUIP & TOOLSJUMPER PACKPUBLIC WORKS/FLEET HERMS PALACE $ 46.00 12/16/2014 65025 FOODLUNCH FOR FIRE DEPARTMENT MEETINGFebruary 9, 2015Page 13 of 1663 of 567 Bank of America Credit Card for the Period ending December 31, 2014PUBLIC WORKS/FLEET AMAZON MKTPLACE PMTS $ 7.37 12/16/2014 65085 MINOR EQUIP & TOOLS POWER CORD FOR JUMOER PACKPUBLIC WORKS/FLEET IMPERIAL SUPPLIES $ 67.54 12/17/2014 65060 MATERIALS TO MAINTAIN AUTOS SNOW BRUSHESPUBLIC WORKS/FLEET IMPERIAL SUPPLIES $ 81.46 12/18/2014 65060 MATERIALS TO MAINTAIN AUTOS NUTS/BOLTSPUBLIC WORKS/FLEET LEMOI ACE HARDWARE $ 37.97 12/19/2014 65060 MATERIALS TO MAINTAIN AUTOS PAINTPUBLIC WORKS/FLEET JOHN DEERE PUBLICATION $ 70.85 12/30/2014 65060 MATERIALS TO MAINTAIN AUTOS PARTS MANUAL JOHN DEERE GATORSPUBLIC WORKS/ST&SANITATION THE HOME DEPOT 1902 $ 12.97 12/01/2014 65085 MINOR EQUIP & TOOLSCONCRETE MIXER DRILL ATTACHMENT FOR UPKEEP AND REPAIR.PUBLIC WORKS/ST&SANITATION THE HOME DEPOT 1902 $ 19.36 12/01/2014 65085 MINOR EQUIP & TOOLS HOME DEPOT EXTENSION CORDS FOR TRUCKS.PUBLIC WORKS/ST&SANITATION THE HOME DEPOT 1902 $ 8.91 12/01/2014 65085 MINOR EQUIP & TOOLS PROPANE TORCH KIT.PUBLIC WORKS/ST&SANITATION LEMOI ACE HARDWARE $ 17.94 12/05/2014 65085 MINOR EQUIPMENT AND TOOLS LIGHT BULBS FOR PARKING GARAGE.PUBLIC WORKS/ST&SANITATION THE HOME DEPOT 1902 $ 11.76 12/08/201465055 MATERIALS TO MAINTAIN IMPROVEMENTS ANCHORING SUPPLIES FOR TRUCKS.PUBLIC WORKS/ST&SANITATION WW GRAINGER $ 419.69 12/09/201465055 MATERIALS TO MAINTAIN IMPROVEMENTS STORAGE BIN AND WEIGHT SCALE FOR SNOW AND ICE.PUBLIC WORKS/ST&SANITATION CONTINENTAL RESEARCH C $ 358.24 12/10/201465055 MATERIALS TO MAINTAIN IMPROVEMENTS WINTER GLOVES AND RUST PAINT.PUBLIC WORKS/ST&SANITATION DIECASTMODELSWHOLES $ 57.89 12/11/2014 65125 OTHER COMMODITIES SUPPLIES FOR DEPARTMENT GATHERING.PUBLIC WORKS/ST&SANITATION ORANGE CRUSH -O'HARE D $ 100.51 12/12/201465055 MATERIALS TO MAINTAIN IMPROVEMENTS 5 GALLON EMULSION FOR STREET REPAIR AND MAINTENANCE.PUBLIC WORKS/ST&SANITATION THE HOME DEPOT 1902 $ 26.50 12/12/2014 65085 MINOR EQUIP & TOOLS CHAIN FOR OPERATIONS.PUBLIC WORKS/ST&SANITATION ORANGE CRUSH - O'HARE $ 284.05 12/12/201465055 MATERIALS TO MAINTAIN IMPROVEMENTS SURFACE ASPHALT FOR STREET REPAIRS.PUBLIC WORKS/ST&SANITATION RUSSO HARDWARE - SCHIL $ 331.98 12/15/2014 65625 FURNITURES AND FIXTURES PURCHASE FOR LAWNMOWER ENGINE AND GLOVES.PUBLIC WORKS/ST&SANITATION ORANGE CRUSH - O'HARE $ 227.24 12/15/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSSURFACE ASPHALT PURCHASE FOR STREET REPAIR AND MAINTENANCE.PUBLIC WORKS/ST&SANITATION REHRIG PACIFIC COMPANY $ 1,475.00 12/16/2014 65625 FURNITURES AND FIXTURES 95 GALLON RECYCLING LIDS.PUBLIC WORKS/ST&SANITATION CONTINENTAL RESEARCH C $ 55.65 12/16/2014 65090 SAFETY EQUIPMENTICE CLEATS FOR EMPLOYEES.PUBLIC WORKS/ST&SANITATION ORANGE CRUSH - O'HARE $ 227.24 12/16/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSSURFACE ASPHALT FOR STREET REPAIR AND MAINTENANCE.PUBLIC WORKS/ST&SANITATION REHRIG PACIFIC COMPANY $ 1,337.50 12/17/2014 65625 FURNITURES AND FIXTURES 65 GALLON RECYCLING LIDS.PUBLIC WORKS/ST&SANITATION CROWN TROPHY 54 $ 60.00 12/17/2014 65125 OTHER COMMODITIESPLAQUE FOR EMPLOYEE RETIREMENT.PUBLIC WORKS/ST&SANITATION LEMOI ACE HARDWARE $ 25.23 12/17/2014 65085 MINOR EQUIP & TOOLSSUPPLIES AND EQUIPMENT FOR EMPLOYEES.PUBLIC WORKS/ST&SANITATION ORANGE CRUSH - O'HARE $ 170.43 12/17/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSSURFACE ASPHALT FOR STREET REPAIR AND MAINTENANCE.PUBLIC WORKS/ST&SANITATION CONTINENTAL RESEARCH C $ 601.07 12/17/2014 65090 SAFETY EQUIPMENTWINTER GLOVES FOR STREETS AND SANITATION.PUBLIC WORKS/ST&SANITATION INTERSTATE ALL BATTERY $ 251.10 12/18/2014 65115 TRAFFIC CONTROL SUPPLIES BATTERIES FOR BARRICADE LIGHTS.PUBLIC WORKS/ST&SANITATION OFFICE DEPOT #510 $ 56.47 12/18/2014 65625 FURNITURES AND FIXTURES DRY ERASE BOARDS FOR SPECIAL PICKUP PROGRAM.PUBLIC WORKS/ST&SANITATION THE HOME DEPOT 1902 $ 29.69 12/18/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSPARTS FOR SALT SPREADER.PUBLIC WORKS/ST&SANITATION RUSSO HARDWARE - SCHIL $ 563.50 12/18/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSSALT FOR THE SERVICE CENTER DECK.PUBLIC WORKS/ST&SANITATION ORANGE CRUSH - O'HARE $ 170.43 12/18/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSSURFACE ASPHALT FOR STREET REPAIR AND MAINTENANCE.PUBLIC WORKS/ST&SANITATION INTERNATIONAL MUNICIPA $ 75.00 12/18/2014 62295 TRAINING & TRAVELTRAINING AND MEMBERSHIP CHARGES.PUBLIC WORKS/ST&SANITATION INTERNATIONAL MUNICIPA $ 85.00 12/18/2014 62295 TRAINING & TRAVELTRAINING AND MEMBERSHIP CHARGES.PUBLIC WORKS/ST&SANITATION U OF IL ONLINE PAYMENT $ 68.00 12/19/2014 62295 TRAINING & TRAVELPESTICIDE LICENSING AND TESTING.February 9, 2015Page 14 of 1664 of 567 Bank of America Credit Card for the Period ending December 31, 2014PUBLIC WORKS/ST&SANITATION TRAFFIC CONTROL AND PR $ 450.60 12/19/2014 65115 TRAFFIC CONTROL SUPPLIES STREET SIGN FACES.PUBLIC WORKS/ST&SANITATION THE HOME DEPOT 1902 $ 45.97 12/22/2014 65085 MINOR EQUIP & TOOLS CHAIN TO SECURE RECYCLING CAN LIDS.PUBLIC WORKS/ST&SANITATION OHIO VALLEY AG LLC $ 208.04 12/24/201465055 MATERIALS TO MAINTAIN IMPROVEMENTS PARTS FOR SALT BRINE ROOM.PUBLIC WORKS/ST&SANITATION OFFICE MAX $ 78.47 12/29/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALTIME CARD LABELS.PUBLIC WORKS/ST&SANITATION EPCO PAINT STORE 1252 $ 406.96 12/30/2014 65115 TRAFFIC CONTROL SUPPLIES NEW BARRICADE BOARDS.PUBLIC WORKS/ST&SANITATION EVANSTON LUMBER $ 309.60 12/30/2014 65115 TRAFFIC CONTROL SUPPLIES SAFETY PAINT FOR NEW BARRICADE BOARDS.PUBLIC WORKS/ST&SANITATION REHRIG PACIFIC COMPANY $ 1,442.51 12/31/2014 65625 FURNITURES AND FIXTURES BLUE RECYCLING DUMPSTERS.PUBLIC WORKS/ST&SANITATION REHRIG PACIFIC COMPANY $ 1,442.51 12/31/2014 65625 FURNITURES AND FIXTURES BLUE RECYCLING DUMPSTERS.PUBLIC WORKS/ST&SANITATION RUSSO HARDWARE - SCHIL $ 105.04 12/31/2014 65085 MINOR EQUIP & TOOLS MINOR EQUIPMENT FOR STREET REPAIR AND MAINTENANCE.PUBLIC WORKS/ST&SANITATION ROADSAFE 1001 $ 1,000.00 12/31/2014 65115 TRAFFIC CONTROL SUPPLIES STREET SIGN MATERIALS.PUBLIC WORKS/TRANS THE UPS STORE #1037 $ 22.75 12/10/2014 65085 MINOR EQUIP & TOOLSSHIPPING COST FOR SAMPLE STREET LIGHT PARTS.PUBLIC WORKS/TRANS PURE ELECTRIC $ 192.90 12/11/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALBULBS FOR STREET LIGHTS.PUBLIC WORKS/TRANS OFFICE DEPOT #510 $ 76.93 12/11/2014 65095 OFFICE SUPPLIESOFFICE SUPPLIES.PUBLIC WORKS/TRANS PURE ELECTRIC $ 358.62 12/18/2014 65115 TRAFFIC CONTROL SUPPLIES BULBS FOR STREET LIGHTS AND TRAFFIC SIGNAL.PUBLIC WORKS/TRANS PURE ELECTRIC $ 74.85 12/22/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALFLOURESCENT LAMPS FOR HOWARD STREET SIGN.PUBLIC WORKS/TRANS INST OF TRANS ENGINEER $ 280.00 12/30/2014 62360 MEMBERSHIP DUESMEMBERSHIP AND TRAINING DUES.PUBLIC WORKS/TRANS ILSTATE FIRE MARSHAL B $ 143.29 12/31/2014 62509 SERVICE AGREEMENTS/CONTRACTS BOILER AND AND PRESSURE VESSEL INSPECTION.UTILITIES/ADMINSFI PHOTOSBYSHUTTERFLY $ 100.41 12/04/2014 62295 TRAINING & TRAVELERROR CHARGE. CREDIT WILL BE ISSUED ON THE NEXT STATEMENT.UTILITIES/ADMIND & D FINER FOODS $ 29.30 12/22/2014 68205 PUBLIC WKS CONTINGENCIESPOP AND PLASTIC CUPS FOR THE SAFETY MEETING HOLIDAY LUNCHEON.UTILITIES/ADMINPANINO'S PIZZERIA OR $ 89.83 12/22/2014 65125 OTHER COMMODITIESSPLIT - FOOD FOR SAFETY MEETING HOLIDAY LUNCHEON (29.3%)UTILITIES/ADMINPANINO'S PIZZERIA OR $ 216.71 12/22/2014 68205 PUBLIC WKS CONTINGENCIESSPLIT - FOOD FOR SAFETY MEETING HOLIDAY LUNCHEON (70.7%)UTILITIES/DISTIN MSFGRAPHICS $ 750.00 12/01/2014 62210 PRINTINGPRINTING OF TEMPORARY WATER SHUT-OFF DOOR HANGERS, AND EMERGENCY WATER SHUT-OFF DOOR HANGERS.UTILITIES/DISTTHE HOME DEPOT 1902 $ 225.14 12/04/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSPARTS FOR VEHICLE #920.UTILITIES/DISTTHE HOME DEPOT 1902 $ 213.84 12/10/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSPARTS FOR VEHICLE #920.UTILITIES/DISTMETAL SUPERMARKETS $ 937.75 12/10/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSPARTS FOR VEHICLE #920.UTILITIES/DISTMETAL SUPERMARKETS $ 696.98 12/17/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSPARTS FOR VEHICLE #920.UTILITIES/DISTTHE HOME DEPOT 1902 $ 69.64 12/18/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSPARTS FOR VEHICLE #920.UTILITIES/DISTAMERICAN WATER WORKS A $ 150.00 12/19/2014 62295 TRAINING & TRAVELREGISTRATION FOR WATERCON 2015 CONFERENCE.UTILITIES/DISTHD SUPPLY WATERWORKS 4 $ 788.63 12/22/2014 65080 MERCHANDISE FOR RESALE 8" MJ VALVE (NOT OVERSIZED).UTILITIES/DISTHD SUPPLY WATERWORKS 4 $ (1,452.28) 12/22/2014 65080 MERCHANDISE FOR RESALE CREDIT FOR ERROR CHARGE.UTILITIES/DISTHD SUPPLY WATERWORKS 4 $ 1,452.28 12/22/2014 65080 MERCHANDISE FOR RESALEERROR CHARGE, CREDIT IS LISTED ON THIS MONTH'S STATEMENT.UTILITIES/DISTHD SUPPLY WATERWORKS 4 $ 394.98 12/22/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSMARKING PAINT.UTILITIES/DISTMCMASTER-CARR $ 50.70 12/22/201465055 MATERIALS TO MAINTAIN IMPROVEMENTSPARTS FOR VEHICLE #920.UTILITIES/FILTRATION CANNON WATER TECHNO $ 245.15 12/02/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCHEMICAL FEED PUMP REBUILD KIT.UTILITIES/FILTRATION VWR INTERNATIONAL INC $ 247.60 12/02/2014 62465 OUTSIDE LAB SERVICESMICROBIAL CONTROLS FOR QC.February 9, 2015Page 15 of 1665 of 567 Bank of America Credit Card for the Period ending December 31, 2014UTILITIES/FILTRATION DREISILKER ELEC MOT $ 187.35 12/02/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALUNIT HEATER MOTOR.UTILITIES/FILTRATION PURE ELECTRIC $ 134.40 12/03/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALELECTRICAL CONDUIT.UTILITIES/FILTRATION MCMASTER-CARR $ 36.62 12/04/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALV-BELT PULLEY.UTILITIES/FILTRATION WW GRAINGER $ 103.16 12/09/2014 65085 MINOR EQUIP & TOOLSDIGITAL CALIPER AND SCISSORS.UTILITIES/FILTRATION AMERICAN WATER WORKS A $ 250.00 12/10/2014 62295 TRAINING & TRAVELREGISTRATION FOR THE WATERCON 2015 CONFERENCE.UTILITIES/FILTRATION MCMASTER-CARR $ 107.62 12/12/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALHOSE AND CLAMPS.UTILITIES/FILTRATION AFFILIATED STEAM EQUIP $ 13.26 12/15/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALFREIGHT.UTILITIES/FILTRATION HD SUPPLY WATERWORKS 4 $ 225.80 12/15/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALPIPE SPOOL PIECE.UTILITIES/FILTRATION AFFILIATED STEAM EQUIP $ 471.00 12/15/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALSTEAM TRAPS.UTILITIES/FILTRATION HAWKINS INC $ 352.10 12/16/2014 65015 CHEMICALSGRANULAR CHLORINE.UTILITIES/FILTRATION ROBERT BROOKE & ASSOCI $ 38.18 12/16/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALLOCKER PARTS.UTILITIES/FILTRATION WW GRAINGER $ 67.48 12/16/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALNUT DRIVERS AND BATTERIES.UTILITIES/FILTRATION IN ICL CALIBRATION LA $ 116.72 12/16/2014 62465 OUTSIDE LAB SERVICESYEARLY CALIBRATION FOR MAXIMUM REGISTERING.UTILITIES/FILTRATION CINTAS 60A SAP $ 50.78 12/17/2014 65075 MEDICAL & LAB SUPPLIESFIRST AID SUPPLY.UTILITIES/FILTRATION VWR INTERNATIONAL INC $ 149.79 12/17/2014 62465 OUTSIDE LAB SERVICESPOTASSIUM IODIDE, STD PH 10, STD PH 7.UTILITIES/FILTRATION BEST BUY 00003137 $ 799.99 12/17/2014 65515 OTHER IMPROVEMENTSSECURITY MONITOR.UTILITIES/FILTRATION THE HOME DEPOT 1902 $ 80.36 12/18/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALPIPE FITTINGS.UTILITIES/FILTRATION VWR INTERNATIONAL INC $ 92.70 12/22/2014 62465 OUTSIDE LAB SERVICESPIPETTE CANISTER.UTILITIES/FILTRATION WW GRAINGER $ 72.23 12/23/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALCUTTING OIL AND MACHINE SCREWS.UTILITIES/FILTRATION AMAZON.COM $ 82.85 12/23/2014 65085 MINOR EQUIP & TOOLSTOOL CABINET.UTILITIES/FILTRATION ULINE SHIP SUPPLIES $ 262.60 12/24/2014 65040 JANITORIAL SUPPLIESHAND TOWELS AND DISPENSER.UTILITIES/FILTRATION ADVANCED DOOR CONTROL $ 286.83 12/26/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALDOOR CLOSER.UTILITIES/FILTRATION AUTOMATIONDIRECT.COM $ 90.00 12/30/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALPOWER SUPPLIES.UTILITIES/FILTRATION MSC $ 54.60 12/30/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALPVC FITTINGS.UTILITIES/FILTRATION AFFILIATED STEAM EQUIP $ 50.87 12/30/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALSTRAINERS (PIPE FITTINGS).UTILITIES/FILTRATION WEARGUARD 81377577 $ 224.44 12/31/2014 65020 CLOTHINGUNIFORM JACKET AND CITY LOGO SET-UP FEE.UTILITIES/PUMPINGWW GRAINGER $ 230.50 12/02/2014 65035 PETROLEUM PRODUCTSPORTABLE HEATERS FOR THE SERVICE BUILDING.UTILITIES/PUMPINGESCO PRODUCTS INC $ 63.76 12/03/2014 65035 PETROLEUM PRODUCTSOIL LEVEL SIGHT GLASSES.UTILITIES/PUMPINGWW GRAINGER $ 171.82 12/04/2014 65035 PETROLEUM PRODUCTSABSORBENT PADS FOR OIL BARRELS.UTILITIES/PUMPINGWW GRAINGER $ 655.10 12/09/2014 65035 PETROLEUM PRODUCTSMISCELLANEOUS MATERIALS FOR ANNUAL LUBE.UTILITIES/PUMPINGCOTTERMAN COMPANY $ 1,095.44 12/15/2014 65702 WATER GENERAL PLANTLADDER FOR THE SERVICE BUILDING.UTILITIES/PUMPINGUS PLASTICS/NEATLY SMA $ 35.22 12/15/2014 65035 PETROLEUM PRODUCTSOIL SAMPLE BOTTLE FOR ANNUAL LUBE.UTILITIES/PUMPINGPATTEN $ 395.90 12/16/2014 65035 PETROLEUM PRODUCTSTACHOMETER FOR #7 HIGH LIFT PUMP.UTILITIES/PUMPINGPATTEN $ 488.25 12/18/2014 65035 PETROLEUM PRODUCTS#4 HIGH LIFT PUMP TURBOCHARGER CARTRIDGE.UTILITIES/PUMPINGINDUSTRIAL SAFETY GEAR $ 46.13 12/18/2014 65035 PETROLEUM PRODUCTSCONTROL ROOM FLASHLIGHT.UTILITIES/PUMPINGLOVEGREEN SAFETY INC $ 73.26 12/18/2014 65035 PETROLEUM PRODUCTSDISCONNECT SWITCH FOR #4 HIGH LIFT PUMP.UTILITIES/PUMPINGWATER SERVICE CONS $ 222.63 12/18/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALREBUILD KIT FOR THE AIR COMPRESSOR RPZ.UTILITIES/PUMPINGDGI SUPPLY $ 437.92 12/19/201465070 OFFICE/OTHER EQ TO MAINTN MATERIALREPLACEMENT BLADES FOR THE BANDSAW.UTILITIES/PUMPINGPATTEN $ 123.63 12/23/2014 65035 PETROLEUM PRODUCTSREPLACEMENT GASKETS FOR #3 AND #4 HIGH LIFT PUMPS ENGINE.UTILITIES/PUMPINGAUTOMATIONDIRECT.COM $ 186.00 12/30/2014 65035 PETROLEUM PRODUCTSLED INDICATORS FOR THE LOW LIFT MCCORMICK METER.UTILITIES/PUMPINGBESTOP, INC $ 14.90 12/31/2014 65035 PETROLEUM PRODUCTSSTEP BRACKET FOR VEHICLE #925.UTILITIES/SEWERAMAZON.COM $ 116.58 12/10/201462245 OTHER EQ MAINTBUMPER HITCH STEP FOR VEHICLE #910.ALL OTHER STATEMENT TOTAL $ 155,492.73 February 9, 2015Page 16 of 1666 of 567 For City Council meeting of February 9, 2015 Item A3.1 Business of the City by Motion: Harley Davidson Leases for Police Department For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Richard Eddington, Chief of Evanston P.D. Lonnie Jeschke, CPFP, Manager, Fleet Services Subject: Annual Harley Davidson Lease Agreements for the Evanston Police Department (Bid 15-05) Date: January 21, 2015 Recommended Action: The staff of the Fleet Services Division of the Public Works Department and staff of the Evanston Police Department recommend City Council approval for the City Manager to sign a one (1) year lease agreement with City Limits Harley Davidson Inc. located at 2015 N. Rand Road in Palatine, Illinois 60074 in the amount of $28,875.00 for the period of June 1, 2015 to May 31, 2016 for seven (7) leased Harley Davidson motorcycles for the Evanston Police Department. Funding Source: The Vehicle Replacement Fund, Vehicle Lease Charges (7780.62402) has a budgeted amount of $35,000.00 for this lease expense. Summary: Historically, the Fleet Services Division of the Public Works Department has utilized and leveraged state bid pricing for leasing of motorcycles for the Evanston Police Department through the Central Management Service (CMS) which typically provides a bid award for the Illinois State Police Department. This year, there was no such bid award for this type of lease agreement. Therefore, staff from Fleet Services and the E.P.D. created a technical bid specification for leasing Harley Davidson motorcycles. A bid document was created and prepared with the Purchasing Division (Bid # 15-05) for a one (1) year lease agreement for 2015 - 2016 with two (2) additional one (1) year options to renew in 2016 -2017 and 2017 - 2018. The bid went out for publication in the Pioneer Press, and to seven (7) Harley Davidson Dealers during the first week of January 2015 with a bid opening date of January 20, 2015. Memorandum 67 of 567 Three (3) bids were received. One (1) from Chicago Harley-Davidson located in Glenview Illinois, one (1) from Woodstock Harley-Davidson located in Woodstock Illinois and one (1) from City-Limits Harley-Davidson located in Palatine Illinois. In the most recent ten (10) years, all three (3) of these Harley Davidson dealers have provided the City of Evanston with leased motorcycles throughout this ten (10) year period. Vendor Lease Year Unit Price $$ Unit Price $$ X 7 = Extended Price $$ 2015 - 2016 $7,744.88 $54,214.66 Chicago H.D. Glenview 2016 - 2017 $8,554.28 $59,879.96 2017 - 2018 $9,406.28 $65,843.96 Total = $179,938.58 2015 - 2016 $4,500.00 $31,500.00 Woodstock H.D. 2016 - 2017 $4,700.00 $32,900.00 2017 - 2018 $4,900.00 $34,300.00 Total = $98,700.00 2015 - 2016 $4,125.00 $28,875.00 City Limits H.D. Palatine 2016 - 2017 $4,725.00 $33,075.00 2017 - 2018 $4,725.00 $33,075.00 Total = $95,025.00 Based on the outcome of the three (3) bids received, staff recommends this bid (#15- 05) be awarded to City Limits Harley-Davidson with the two (2) one (1) year renewal options based on funding and City Council approval. The Evanston Police Department has utilized leased Harley Davidson motorcycles for their Traffic Division on a seasonal basis for many years. In addition, City Limits Harley Davidson in Palatine is in relatively close proximity to Evanston which minimizes out-of- service time of the motorcycles and the officers who operate them when the required 1,000 mile check of operation and oil is required as mandated by the manufacturer that is contained within the “lease agreement”. Attachment: Copy of City Limits Harley-Davidson Lease Agreement 68 of 567 69 of 567 70 of 567 71 of 567 72 of 567 For City Council meeting of February 9, 2015 Item A3.2 Business of the City by Motion: Crack Sealing Contract For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Jim Maiworm, Asst. Director of Public Works Operations & Maintenance Subject: Contract Extension for 2015 Crack Sealing Program Date: January 10, 2015 Recommended Action: Staff recommends City Council authorize the City Manager to approve a contract extension for the 2015 Crack Sealing Contract to the lowest responsive and responsible bidder, Denler Inc. (19148 S 104th Ave. Mokena, IL 60448) 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 Source: Funding for this work will be from the General Fund Street Maintenance Account 2670.62509 in the amount of $50,000, which has $70,000 budgeted for contract maintenance for Fiscal Year 2015. Summary: Six years ago, the Streets and Sanitation Division implemented a crack sealing program designed to extend the life of recently resurfaced streets in Evanston. Crack sealing is performed three to five years after the street is resurfaced. The cracks need to be sealed as they develop to prevent moisture and road salt from seeping into the base, which can lead to potholes and more serious road failures. The streets to be sealed each year are selected based on available funding, previous resurfacing year, and road condition surveys conducted in the field by Public Works staff. The City has partnered with other north shore and northwest suburban communities under the municipal partnership initiative spearheaded by the Village of Glenview to contract for crack sealing. The following communities are participating in the purchase: Glenview, Morton Grove, Wilmette, Winnetka, Skokie, Glencoe, Buffalo Grove, Highland Park and Lincolnshire. As a result of the partnership, a bid was let on February 21, 2013 and Denler Inc. was found to be the lowest responsible bidder. As a result, a contract extension was awarded based on a price of $01.25 per pound. This is the last Memorandum 73 of 567 of two possible contract extensions. A price comparison from an alternate vendor found a cost of $1.60 per pound which reinforces Denler as a cost effective vendor. Priority locations for crack sealing this year include: Street From To Lake Street Pitner Elmwood Dempster Ridge Lake Shore Blvd Asbury Emerson Green Bay Road South Blvd Sheridan Chicago Sheridan Rd South Blvd South City limits Sheridan Rd North City Limits Isabella Oak Ave Lake Dempster Church St. Dodge Ave Ridge Ave Main St Asbury Maple Secondary locations are: Park Place Gross Point Rd Central Park Thayer St. Gross Point Rd Central Park Orrington Ave Forest Greenwood Foster Main St Asbury Noyes Burnham Pl. Darrow Page 2 of 2 74 of 567 For City Council meeting of February 9, 2015 Item A3.3 Business by Motion: Approval of Cured-in Place Pipe Lining Contract A For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: 2015 Cured-In-Place Pipe Lining Contract A (Bid No 15-01) Date: February 5, 2015 Recommended Action: Staff recommended that the City Council award the 2015 Cured In Place Pipe Lining Contract A (bid No. 15-01) to Insituform Technologies USA, LLC at the Janauary 12, 2015 Administration and Public Works Committee meeting (Attachment A). Per Committee direction, this item was held to be reviewed by the Minority Women and Evanston Business (M/W/EBE) Committee, Purchasing Staff, Law Staff, and the Operating Department. 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 City Local Employment Program. Insituform also provides the highest MWEBE goal response at 18.3% 2. Or award to Kenny Construction (2215 Sander Road Northbrook, IL) in the amount of $267,040.00 and accept the waiver for LEP which is provided as Attachment B. Also provided is the portion of the ordinance that would allow the Council to accept this waiver as Attachment C. Kenny Construction requested a waiver for all M/W/EBE goals and therefore has 0% compliance. The M/W/EBE Committee Recommended that Kenny Construction be charged the 1% penalty and be awarded the contract, however there is no provision in the LEP Ordinance to penalize a vendor for non-compliance prior to the contract being completed. Funding Source: Funding for this work will be from the Sewer Fund, Account 515.71.7420.62461 which has an allocation of $535,000 for this type of sewer rehabilitation work. Summary: In the December 30 memo (Attachment A), Utilities Director Dave Stoneback recommended that Council approve the contract with Insituform. This company would meet 18.3% of the M/W/EBE goal and the amended LEP requirements contained within the City Code Subsection 1-17-1(C). Their response was, however, $43,939 higher Memorandum 75 of 567 than the lowest bid response (Kenny Construction). The item was sent back to the M/W/EBE Committee and staff for discussion and consideration. During their January 21, 2015 meeting, the Minority Women and Evanston Business Committee discussed the item and weighed the LEP ordinance benefits against the increase in fees which ultimately affects the Evanston taxpayer. The Committee directed staff to determine if the lowest bidder could be awarded the contract while the LEP Waiver was denied. This would effectively charge the lowest bidder an additional 1% penalty which would go towards workforce development programming by the City. However, the LEP Ordinance does not provide for the denial of a waiver and assessment of a penalty. Section 1-17-1(C)(5) of the City Code states that in order to apply for a waiver, the contractor must submit certain documentation demonstrating that the contractor utilized the local resident database and provided certain notification to residents. The lowest bidder (Kenny Construction) did not make those efforts. Accordingly, Administrative Department/Purchasing staff is recommending an award on February 9, 2015 to Insituform on this bid. Staff also reviewed the LEP ordinance, an excerpt of which is provided as Attachment C. The relevant section is shown below. 6. Business and Workforce Development Coordinator a. The Business and Workforce Development Coordinator shall determine, based on the required documentation and conditions cited by the contractor that make compliance unfeasible, whether to grant the waiver prior to the award of the contract. Examples of such conditions include, but are not limited to: 1) Intermittent service by one trade throughout the life of the project. 2) Nonavailability of resident(s) necessary to fulfill craft position(s) required for the project. Attachment A includes the MWEBE analysis and also shows that the Insituform bid included 152 hours of labor performed by an Evanston resident. The resident will perform “sewer work, flagging, general labor. The position(s) would be as a Laborer.” Of the four responses, Insituform is the only company who meets a substantial portion of the MWEBE Goal at 18.3% (the other responses were 0% - Kenny Construction, 0.9%, and 0.7%). Utilities Staff is confident in working with Insituform or Kenny Construction because both have performed appropriately in the past as well as their pre-qualification that they can successfully perform the work. The M/W/EBE Committee will continue to review new options to encourage LEP compliance. Working with staff, the Committee has updated the workforce eligibility list that contractors may access. The Committee also plans to recommend multiple training sessions to improve and expand the LEP labor pool, making compliance easier for bidding firms. 76 of 567 Attachments: Attachment A – January 12, 2015 A&PW Committee Agenda Item Attachment B – Kenny Construction LEP Waiver Form Attachment C – LEP Ordinance Section Allowing for Waiver Attachment D –January 15, 2015 M/W/EBE Development Committee Memo from Utilities Director David Stoneback 77 of 567 For City Council meeting of January 12, 2015 Item A3.2 Business of the City by Motion: 2015 CIPP Sewer Rehabilitation Contract A 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: 2015 CIPP Sewer Rehabilitation Contract A (Bid No. 15-01) Date: December 30, 2014 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2015 Cured-In-Place Pipe Lining Contract A (Bid No. 15-01) with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount of $310,979.10. Funding Source: Funding for this work will be from the Sewer Fund, Account 515.71.7420.62461, which has an allocation of $535,000 for this type of sewer rehabilitation work. Summary: This contract includes the rehabilitation of approximately 4,950 feet of combined sewer and main ranging in size from 9-inch diameter to 24-inch diameter at 23 different sites. A location map indicating where the work will take place is attached. The sewer mains were identified as needing rehabilitation during the closed circuit TV inspection of sewer mains under or adjacent to streets scheduled for resurfacing during the 2015 construction season. The sewer rehabilitation work is to be completed by April 15, 2015. The contract documents for this project were sent only to the seven contractors pre- qualified to perform this type of work as a result of RFQ 13-60. These contractors submitted information demonstrating that the product they intend to use meets specific minimum requirements; that they are trained and approved to install the product; and that they have a minimum amount of experience installing the product. Council approved the pre-qualification of these contractors on October 28, 2013. A list of the prequalified contractors is attached. Memorandum ATTACHMENT A 78 of 567 Bids for the subject project were opened and publicly read on Tuesday, December 23, 2014. Four of the seven pre-qualified contractors submitted bids for this project. Contractor Information: Contractor Address Insituform Technologies, USA, Inc 17988 Edison Avenue, Chesterfield, MO Kenny Construction Company 2215 Sanders Road, Suite 400, Northbrook, IL Michels Corporation 817 W. Main Street, Brownsville, WI Visu-Sewer of Illinois, LLC 9014 S. Thomas Avenue, Bridgeview, IL The submitted bids can not be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until February 21, 2015. The bids were reviewed by Lara Biggs, Superintendent – Construction & Field Services. Attached is a bid tabulation summary showing the bid results from the four contractors that submitted. Pricing Summary: Contractor Bid Price Kenny Construction Company $267,040.00 Visu-Sewer of Illinois, LLC $269,257.50 Insituform Technologies, USA, Inc $310,979.10 SAK Construction, LLC $335,238.75 While Kenny Construction has the lowest price, they have requested a waiver for the City’s Local Employment Program (LEP) Ordinance and M/W/EBE program. The second lowest bidder, Visu-Sewer, also requested a waiver of the LEP requirements and most of the M/W/EBE goal. The third lowest bidder, Insituform, has indicated they will comply with the LEP requirements and a majority of the M/W/EBE goal. Therefore, staff is recommending award to Insituform. Insituform has completed many CIPP sewer rehabilitation projects with the City of Evanston, and staff is satisfied with the quality of their work. The following is a summary of the M/W/EBE and LEP information for each bidder: Bidder Bid Price Difference from Low Bid M/W/EBE Compliance LEP Compliance Kenny Construction $267,000.00 --0%Waiver Requested Visu-Sewer $269,257.50 $2,217.50 0.9% ($2,500) Waiver Requested Insituform Technologies $310,979.10 $43,939.10 18.3% ($57,015.65)Yes Michels $335,238.75 $68,198.75 0.7% ($2,250)Yes 79 of 567 Insituform’s estimate for total labor on this job is 1,013 hours, and the LEP requirement is 15% of this amount, or 152 hours. Based on prevailing wage rates, this is equal to approximately $5,800 in wages that will be paid to an Evanston resident. Alternatives: The Council can elect to choose Kenny Construction as the lowest, qualified bidder, but this would require granting a waiver for compliance with the LEP program. Legislative History: On October 28, 2013, the City Council approved the list of pre-qualified CIPP rehabilitation contractors (RFP 13-60). Attachments: 2015 CIPP Sewer Rehabilitation Contract A Location Map List of Prequalified Contractors Approved by City Council on October 28, 2013 Bid Tabulation for 2015 CIPP Sewer Rehabilitation Contract A (Bid 15-01) M/W/EBE Compliance Review Memo 80 of 567 81 of 567 Prequalification For Cured-In-Place Pipe (CIPP) Rehabilitation 2014-2016 Contractor Address Contact Phone Hoerr Construction, Inc. 1601-D W. Luthy Drive Peoria, IL Max P. Hoerr II (847)919-8200 Insituform Technologies USA, LLC 11351 W. 183rd Street Orland Park, IL Kevin Coburn (262)695-2340 Kenny Construction Company 2215 Sander Road, Suite 400 Northbrook, IL Pat Szyska (636)530-8000 Michels Corporation 817 W. Main Street Brownsville, WI Carrie Preston (630)231-3880 Pipeline Solutions LLC/ American Pipe Liners, Inc. PO box 394 Highland Park, IL Chris Tucker (920)924-4300 SAK Construction 864 Hoff Road O’ Fallen, MO Boyd Hirtz (734)481-0872 Visu-Sewer, Inc. W320 N4855 Betker Drive Pewaukee, WI Randy Belanger (636)379-2350 82 of 567 ,WHPWŝƉĞŝĂ;ŝŶͿ6WUHHW%DVLQhƉD,ŽǁŶD,4XDQW 8QLW<ĞŶŶǇŽŶƐƚ sŝƐƵͲ^ĞǁĞƌ /ŶƐŝƚƵĨŽƌŵ DŝĐŚĞůƐϭ ϵ ĞŶŶĞƚƚǀĞϬϰ ϲϲϮϬ ϲϲϬϬ ϯϰϮ >& ΨϭϬ͕ϮϲϬ͘ϬϬ Ψϭϭ͕ϮϬϬ͘ϱϬ Ψϭϭ͕ϵϬϭ͘ϲϬ Ψϭϰ͕ϳϬϲ͘ϬϬϮ ϭϮ ZŝĚŐĞǀĞϴϮ ϭϬϰϯϲ ϭϬϰϭϲ ϯϭϲ >& Ψϭϰ͕ϮϮϬ͘ϬϬ ΨϭϮ͕ϯϮϰ͘ϬϬ Ψϭϯ͕ϳϳϳ͘ϲϬ Ψϭϱ͕ϴϬϬ͘ϬϬϯ ϭϱ ZŝĚŐĞǀĞϴϮ ϭϬϳϮϱ ϭϬϳϮϬ ϴϲ >& Ψϰ͕ϯϬϬ͘ϬϬ Ψϰ͕ϯϬϬ͘ϬϬ Ψϱ͕Ϭϰϴ͘ϮϬ Ψϱ͕ϱϵϬ͘ϬϬϰ ϭϱ ZŝĚŐĞǀĞϴϮ ϭϬϳϯϬ ϭϬϳϮϱ ϮϮϰ >& Ψϭϭ͕ϮϬϬ͘ϬϬ Ψϭϭ͕ϮϬϬ͘ϬϬ Ψϭϯ͕ϭϰϴ͘ϴϬ Ψϭϰ͕ϱϲϬ͘ϬϬϱ ϭϱ ZŝĚŐĞǀĞϴϮ ϭϬϳϯϱ ϭϬϳϯϬ ϯϰϱ >& Ψϭϳ͕ϮϱϬ͘ϬϬ Ψϭϳ͕ϮϱϬ͘ϬϬ Ψϭϵ͕ϰϱϴ͘ϬϬ ΨϮϮ͕ϰϮϱ͘ϬϬϲ ϭϮ ^ŚĞƌŵĂŶǀϴϮ ϯϮϮϬ ϯϮϭϴ ϭϮϵ >& Ψϱ͕ϴϬϱ͘ϬϬ Ψϱ͕Ϭϯϭ͘ϬϬ Ψϴ͕ϭϵϭ͘ϱϬ Ψϲ͕ϰϱϬ͘ϬϬϳ ϭϬ DĐĂŶŝĞůǀϬϵ Ϯϲϭϲ Ϯϲϭϰ ϭϲϵ >& Ψϲ͕ϳϲϬ͘ϬϬ Ψϱ͕ϱϯϰ͘ϳϱ Ψϱ͕ϳϲϮ͘ϵϬ Ψϲ͕Ϯϱϯ͘ϬϬϴ ϭϬ DĐĂŶŝĞůǀϬϵ Ϯϲϭϰ ϮϲϭϮ Ϯϳϴ >& Ψϭϭ͕ϭϮϬ͘ϬϬ Ψϵ͕ϭϬϰ͘ϱϬ Ψϵ͕ϰϳϵ͘ϴϬ ΨϭϬ͕Ϯϴϲ͘ϬϬϵ ϭϱ WŝƚŶĞƌǀĞϬϵ ϰϬϱϬ ϰϬϬϬ ϯϮϴ >& Ψϭϲ͕ϰϬϬ͘ϬϬ Ψϭϲ͕ϰϬϬ͘ϬϬ Ψϭϴ͕ϳϵϰ͘ϰϬ ΨϮϭ͕ϯϮϬ͘ϬϬϭϬ ϭϮ ĞŵƉƐƚĞƌ^ƚϬϳ ϮϬϲϬϬ ϮϬϬϬϬ ϮϭϮ >& Ψϵ͕ϱϰϬ͘ϬϬ Ψϴ͕Ϯϲϴ͘ϬϬ ΨϭϮ͕ϰϬϮ͘ϬϬ ΨϭϬ͕ϲϬϬ͘ϬϬϭϭ ϵ ĞŵƉƐƚĞƌ^ƚϬϳ ϭϳϰϱϬ ϭϳϰϬϬ Ϯϭϳ >& Ψϲ͕ϱϭϬ͘ϬϬ Ψϳ͕ϭϬϲ͘ϳϱ Ψϳ͕ϯϭϮ͘ϵϬ Ψϵ͕ϯϯϭ͘ϬϬϭϮ ϵ ĞŵƉƐƚĞƌ^ƚϬϳ ϭϳϰϭϬ ϭϳϰϬϬ ϮϭϮ >& Ψϲ͕ϯϲϬ͘ϬϬ Ψϲ͕ϵϰϯ͘ϬϬ Ψϳ͕ϭϰϰ͘ϰϬ Ψϵ͕ϭϭϲ͘ϬϬϭϯ ϭϴ tĞƐůĞǇǀĞϬϴ ϰϯϬϬ ϰϮϳϱ ϰϵ >& ΨϮ͕ϵϰϬ͘ϬϬ Ψϯ͕ϵϱϲ͘ϳϱ Ψϰ͕ϲϱϬ͘ϭϬ Ψϰ͕ϯϲϭ͘ϬϬϭϰ ϭϴ tĞƐůĞǇǀĞϬϴ ϰϰϬϬ ϰϯϬϬ ϵϭ >& Ψϱ͕ϰϲϬ͘ϬϬ Ψϳ͕ϯϰϴ͘Ϯϱ Ψϴ͕ϲϯϱ͘ϵϬ Ψϴ͕Ϭϵϵ͘ϬϬϭϱ ϭϱ ƌŽǁŶǀĞϭϭ ϴϯϬϬ ϴϮϬϬ ϯϭϮ >& Ψϭϱ͕ϲϬϬ͘ϬϬ Ψϭϱ͕ϲϬϬ͘ϬϬ Ψϭϴ͕ϮϮϬ͘ϴϬ ΨϮϬ͕ϮϴϬ͘ϬϬϭϲ ϭϴ ƌŽǁŶǀĞϭϭ ϴϮϬϬ ϴϭϬϬ ϯϭϲ >& Ψϭϴ͕ϵϲϬ͘ϬϬ ΨϮϱ͕ϱϭϳ͘ϬϬ ΨϮϮ͕ϵϭϬ͘ϬϬ ΨϮϴ͕ϭϮϰ͘ϬϬϭϳ ϭϬ ŽĚŐĞǀĞϭϯ ϳϬϮϬ ϳϬϭϬ ϮϮϮ >& Ψϴ͕ϴϴϬ͘ϬϬ Ψϳ͕ϮϳϬ͘ϱϬ Ψϵ͕ϯϰϲ͘ϮϬ Ψϴ͕Ϯϭϰ͘ϬϬϭϴ Ϯϰ ŽĚŐĞǀĞϭϯ ϱϰϬϬ ϱϯϬϬ ϯϭϵ >& Ψϯϯ͕ϰϵϱ͘ϬϬ Ψϯϱ͕ϱϲϴ͘ϱϬ Ψϰϭ͕ϰϳϬ͘ϬϬ Ψϯϵ͕Ϯϯϳ͘ϬϬϭϵ ϭϱ ,ŽǁĂƌĚ^ƚϭϯ ϱϰϬϯ ϱϰϬϭ ϭϲϯ >& Ψϴ͕ϭϱϬ͘ϬϬ Ψϴ͕ϭϱϬ͘ϬϬ Ψϵ͕ϴϮϴ͘ϵϬ ΨϭϬ͕ϱϵϱ͘ϬϬϮϬ ϭϱ ,ŽǁĂƌĚ^ƚϭϯ ϬϱϰϬϯͲϭ ϱϰϬϯ ϭϵϱ >& Ψϵ͕ϳϱϬ͘ϬϬ Ψϵ͕ϳϱϬ͘ϬϬ Ψϭϭ͕ϳϱϴ͘ϱϬ ΨϭϮ͕ϲϳϱ͘ϬϬϮϭ ϵ ůůĞǇ͕EDĂŝŶ͕,ŝŶŵĂŶ ϴϯ ϭϭϲϳϯ ϭϭϲϳϬ ϯϲ >& Ψϭ͕ϬϴϬ͘ϬϬ Ψϭ͕ϭϳϵ͘ϬϬ Ψϰ͕Ϭϱϯ͘ϲϬ Ψϭ͕ϱϰϴ͘ϬϬϮϮ ϭϮ ,ŝŶŵĂŶǀĞϴϯ ϭϭϳϱϱ ϭϭϳϱϬ ϭϰϱ >& Ψϲ͕ϱϮϱ͘ϬϬ Ψϱ͕ϲϱϱ͘ϬϬ Ψϴ͕ϳϬϬ͘ϬϬ Ψϳ͕ϮϱϬ͘ϬϬϮϯ ϭϱ <ĞĞŶĞǇ^ƚϴϯ ϭϳϲϬϬ ϭϳϬϬϬ ϮϰϮ >& ΨϭϮ͕ϭϬϬ͘ϬϬ ΨϭϮ͕ϭϬϬ͘ϬϬ Ψϭϱ͕ϳϯϬ͘ϬϬ Ψϭϱ͕ϳϯϬ͘ϬϬϮϰϭϳϱ ΨϮϭ͕ϴϳϱ͘ϬϬ ΨϮϭ͕ϴϳϱ͘ϬϬ ΨϮϭ͕ϱϳϳ͘ϱϬ ΨϯϬ͕ϭϴϳ͘ϱϬϮϱϱ ΨϮ͕ϱϬϬ͘ϬϬ ΨϲϮϱ͘ϬϬ Ψϭ͕ϲϳϱ͘ϱϬ ΨϮ͕ϱϬϭ͘ϮϱdŽƚĂůΨϮϲϳ͕ϬϰϬ͘ϬϬ ΨϮϲϵ͕Ϯϱϳ͘ϱϬ ΨϯϭϬ͕ϵϳϵ͘ϭϬ Ψϯϯϱ͕Ϯϯϴ͘ϳϱ/dh>d/KEϮϬϭϱ/WWKEdZd;ϭϱͲϬϭͿZĞŝŶƐƚĂƚĞ>ĂƚĞƌĂůƐdƌŝŵWƌŽƚƌƵĚŝŶŐdĂƉƐǁŚŝĐŚ/ŶŚŝďŝƚ/ŶƐƚĂůůĂƚŝŽŶ83 of 567 To: David Stoneback, Utilities Director Lara Biggs, Superintendent – Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: 2015 CIPP Sewer Rehabilitation Contract A, Bid 15-01 Date: January 12, 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. With regard to 2015 CIPP Sewer Rehabilitation Contract A, in the base bid amount of $310,979.10, the primary contractor Insituform Technologies USA, has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount %MBE EBE WBE Barricade Lites Inc. Marking $6,683.60 X Sheridan Plumbing Sewer Control $50,332.05 X Total M/W/EBE $57,015.65 18% Insituform Technologies USA has requested a waiver for the remaining 7% MWEBE participation goal. A 7% MWEBE waiver is granted. Insituform Technologies USA will receive credit for 18% M/W/EBE participation. Cc: Marty Lyons, Assistant City Manager/CFO Memorandum Bid 15-01, 2015 CIPP Sewer Rehabilitation Contract A, M/W/EBE Memo, 01.12.201584 of 567 85 of 567 Attachment C SECTION 2: That Title 1, Chapter 17, Section 1(c), of the Evanston City Code of 1979, as amended, is hereby further amended to read as follows: (C) Local Employment Program: 1. Definitions: For the purposes of this subsection (C), the Employment Program, the following terms shall be defined as follows: CONTRACT: The written agreement to provide services established between the city and a contractor, including, but not limited to, a redevelopment agreement between the city and any contractor or party. CONTRACTOR: An individual, partnership, corporation, joint venture or other legal entity entering into a contract, or a subcontract of whatever tier, for a public works project. DESK REVIEW: A method of monitoring compliance with the Local Employment Program in which the Business and Workforce Development Coordinator contacts a contractor or subcontractor to gather relevant information or request relevant documentation. EMERGENCY WORK: Work necessitated by an imminent threat to the property of the city or the health, safety, or welfare of its citizens. GENERAL CONTRACTOR: An entity that enters into a contract directly with the city. The general contractor may also be known as the prime contractor. LOCAL RESIDENT DATABASE: A database maintained by the city's Business and Workforce Development Coordinator containing the names of local residents who have expressed interest in employment on city public works projects. NEW HIRE: Any employee of a contractor who is not listed on the contractor's last quarterly tax statement and was hired prior to or during the commencement of work on a public works project contract subject to the requirements of the Local Employment Program. ON SITE MONITORING: The Business and Workforce Development Coordinator’s act of visiting the site of a public works project to ensure compliance with the requirements of the Local Employment Program. 86 of 567 Attachment C PUBLIC WORKS PROJECT: Any construction, alteration, demolition, or repair work done under contract and paid for in whole or in part from city funds. RESIDENT: Any person whose domicile is in the city. The domicile is an individual's one and only true, fixed and permanent home and principal establishment. In order to qualify as a resident for purposes of the Local Employment Program, an individual must have established domicile within the city at least thirty (30) days prior to commencing work on any public works project subject to the Local Employment Program. SUBCONTRACT: A contract that exists between the general contractor and a subcontractor or between subcontractors of any tier. SUBCONTRACTOR: An entity that enters into a contract with the general contractor or another subcontractor. TIER: The level of relationship to the prime contractor of a subcontractor who enters into a contract under a prime contractor or another subcontractor to perform a portion of the work on a project. 2. Work Hours And New Hire Requirements: a. Unless prohibited by federal, state, or local law, all contractors entering into contracts with the City for public works projects valued at two hundred fifty thousand dollars ($250,000) shall ensure that: 1) fifteen percent (15%) of the total work hours are performed at the construction site by City of Evanston residents, as laborers and/or trade persons; and 2) a minimum of one Evanston resident is hired. b. The effectiveness of the Local Employment Program regarding the minimum percentage of work hours and residents hired will be evaluated by city staff after two (2) years of implementation. c. These requirements shall bind the contractor both with respect to persons working directly for the contractor and to subcontractors, regardless of tier or phase of the project, hired to perform any portion of the contracted work. The contractor shall ensure that subcontractors comply with the requirements of the Local Employment Program. It shall be the responsibility and obligation of the contractor that all contracts are in overall compliance with this subsection (C) and all the requirements listed herein. 87 of 567 Attachment C d. Requirements of the Local Employment Program are satisfied if the contractor already employs Evanston residents sufficient to meet fifteen percent (15%) of the project's total work hours. Some or all of these requirements may be waived if a waiver is obtained from the city pursuant to subsection (C)5 of this section. 3. Contracts, Bid Documents, Subcontracts: Where appropriate and consistent with law, contracts and bid documents shall incorporate the Local Employment Program by reference and shall provide that the failure of any contractor or subcontractor to comply with any of its requirements shall be deemed a material breach of the contract or subcontract entitling the city to all the remedies and damages available for material breach of a contract. All subcontracts shall expressly acknowledge the city's status as a third party beneficiary to the subcontract and further expressly acknowledge that the city, as a third party beneficiary, shall have the right to enforce the provisions of the Local Employment Program. Contracts and bid documents shall require bidders, contractors and subcontractors to maintain records necessary for monitoring their compliance with the Local Employment Program. 4. Automatic Review: This subsection (C) shall be reviewed to address any deficiencies on a bi-annual basis by the Minority, Women and Evanston Business Enterprise Development Committee. 5. Waiver: a. The contractor may request that the Business and Workforce Development Coordinator waive all or a portion of the requirements imposed under the Local Employment Program. Such requests must be in writing and must be received by the Business and Workforce Development Coordinator prior to the award of any public works project contract. In order to apply for a waiver, the contractor must submit: 1) Documentation to the Business and Workforce Development Coordinator demonstrating that: a) The contractor utilized the local resident database to attempt to satisfy the Local Employment Program hiring requirement. b) The contractor notified residents of the employment opportunities available for the project. Such notification must have appeared in the employment section of a newspaper of local general circulation. Additionally, the Illinois department of employment security's office located in Evanston, Illinois, must have been notified of the employment opportunities. All notices must have stated that all qualified 88 of 567 Attachment C applicants would receive consideration without regard to race, color, religion, sex or national origin. c) The contractor, for a contract utilizing union labor, contacted in writing Chicagoland labor unions to request a resident for employment on the project. 2) Any additional documents requested by the Business and Workforce Development Coordinator in order to evaluate the waiver request. 6. Business and Workforce Development Coordinator a. The Business and Workforce Development Coordinator shall determine, based on the required documentation and conditions cited by the contractor that make compliance unfeasible, whether to grant the waiver prior to the award of the contract. Examples of such conditions include, but are not limited to: 1) Intermittent service by one trade throughout the life of the project. 2) Nonavailability of resident(s) necessary to fulfill craft position(s) required for the project. b. If circumstances arise subsequent to the issuance of the contract, the results of which the contractor believes will prevent satisfying the Local Employment Program requirements, the contractor will immediately notify the Business and Workforce Development Coordinator by requesting in writing a waiver of the percentage that cannot be met. The Business and Workforce Development Coordinator or his or her designee shall meet with the applicant as necessary and issue a decision within five (5) business days, including a determination as to any retroactive liability for failure to achieve the goals for work undertaken prior to the application for such a waiver. 7. Local Resident Selection: It is the contractor’s responsibility to meet the requirement of the Local Employment Program. In order to satisfy the work hours and/or new hire requirements of the Local Employment Program, contractors working under a collective bargaining agreement shall contact the appropriate local union hall to request a resident. If a resident is not available for dispatch by that union hall, the contractor shall contact the Business and Workforce Development Coordinator or his or her designee to request an available Evanston resident. The Business and Workforce Development Coordinator or his or her designee will thereafter provide the name of a resident matching the qualifications defined by the contractor to the local union hall and that resident will be dispatched to the contractor within three (3) business days in accordance with the lawful hiring hall rules of the respective union. Failure of the 89 of 567 Attachment C Business and Workforce Development Coordinator to provide an individual shall not relieve the contractor from their responsibility to comply with the Local Employment Program. In order to satisfy the work hours and/or new hire requirement of the Local Employment Program, contractors working in the absence of a collective bargaining agreement shall contact the Business and Workforce Development Coordinator or his or her designee to request an available Evanston resident from the local resident database. The Business and Workforce Development Coordinator or his or her designee will provide the name of a resident matching the qualifications identified by the contractor within three (3) business days. 8. Reporting Requirements: The contractor shall submit reports as required by the city in order to comply with the Local Employment Program. These reports may include weekly certified payroll records for all crafts within five (5) working days of the end of each payroll period. Additionally, the city may require a weekly or monthly summary of the information that would be obtainable from the certified payroll regarding local hire by craft. These reports, if required, must show the person-hours on a laborer and/or trade person basis and, in the case of certified payroll records, identify the address, new hires, and trade and status (journeyperson or apprentice) of all employees on the project. All reports must have an original signature and be signed by an authorized officer of the company under penalty of perjury. The city will make a copy of all required forms available to contractors. Nothing in the Local Employment Program is intended to eliminate the requirement of a contractor to maintain certified payrolls or of the subcontractors to provide certified payrolls to the contractor, or for any contractor to provide certified payrolls to any party that requests them, as required under Illinois state law. 9. Monitoring: The Business and Workforce Development Coordinator or his or her designee will monitor compliance with the requirements of the Local Employment Program by means including, but not limited to, desk reviews or on site monitoring. Audits of compliance may require the review of documents such as certified payrolls, canceled checks, or quarterly wage and withholding reports. Full scale investigations of noncompliance or violations will be on an as needed basis as determined by the Business and Workforce Development Coordinator. A contractor that fails to provide requested documents or misrepresents material facts in such documents shall be deemed to be noncompliant with the local employment program. 10. Post-Award Meeting: At its discretion, the Business and Workforce Development Coordinator or his or her designee may require the contractor to attend a post-award meeting to familiarize the contractor with the Local Employment Program 90 of 567 Attachment C requirements and to identify the individual by position and name if available. If requested by the contractor post-award, or at any time during the project, the city shall hold such a meeting within ten (10) business days. 11. Penalty: If the contractor or subcontractor should fail to meet the total percentage of resident project hours for any reason, without having received a waiver as outlined in Section C-5 above, the City may impose a fine up to one percent (1.0%) of the approved project price in total. Contractors or subcontractors that are out of compliance due to a resident termination or resignation, shall immediately notify the Business and Workforce Development Coordinator of this occurrence within two (2) business days. Subsequently, the contractor or subcontractor shall have five (5) additional business days to replace a terminated or resigned worker with another resident. If the contractor or subcontractor fails to make the replacement or to notify the Business and Workforce Development Coordinator of this occurrence, the offending party will also be subject to a penalty up to one percent (1.0%) of the approved project price. If the noncompliant contractor makes a good faith effort to replace the resident, the fine may be waived. At the sole discretion of the City, a contractor or subcontractor that has violated the terms of the Local Employment Program within a three-year period may be determined a non-responsible bidder and excluded from bidding on future projects for a period of not less than one year. At the sole discretion of the City, an employee that has been hired through the LEP may be removed from the program for a period of not less than one year for failing to adhere to program guidelines or due to termination by the contractor for cause. Such termination process will be reviewed by the Business and Workforce Development Coordinator. 12 Workforce Reserve Account: The City shall establish a reserve account for the deposit of all penalty funds within the General Fund. This account may be utilized for the support of the LEP and other Workforce development programs as follows: • The MWEBE Committee shall receive a report on the balance of penalty funds as of the end of the fiscal year no later than March 31 after the close of that year. • The MWEBE Committee shall recommend utilization of these funds for placement in the next year’s proposed budget in accordance with current LEP and Workforce Development program goals. • Both program goals and recommended expenditure of funds will be subject to approval by the City Council. 91 of 567 Attachment D To: Chair and Members of the M/W/EBE Development Committee From: David D, Stoneback, Utilities Director Subject: Local Employment Program Utilization on Small Diameter Cured In Place Pipe (CIPP) Rehabilitation Projects Date: January 15, 2015 Recommended Action: Staff recommends that small diameter Cured In Place Pipe (CIPP) rehabilitation projects be excluded from the requirements of the Local Employment Program (LEP) ordinance. Instead, the Sewer Fund would transfer 1% of the project award amount to a fund utilized to train Evanston residents in the construction trades at the time of the project award. Background: Small diameter sewer rehabilitation projects utilizing the CIPP process are awarded annually by the Utilities Department for the rehabilitation of the City’s combined sewer system. This type of work is highly specialized. Evanston requires contractors that bid on these projects to be prequalified by submitting information demonstrating that the product they intend to use meets specific minimum requirements; that they are trained and approved to install the product; and that they have a minimum amount of experience installing the product. Generally 15 to 25 sections of sewer mains ranging in size form 9-inch to 24-inch diameter are rehabilitated under the contracts. Each section of sewer main is rehabilitated in one day and the contractor completes the sewer lining work in 2 to 3 weeks. As such, there is minimal meaningful work for a local resident to perform and very limited time to train an inexperienced resident to work on these projects. None of the contractors who have previously completed small diameter sewer projects have met the LEP requirements. Analysis: Staff recommended award of the 2015 CIPP Sewer Rehabilitation Contract A (Bid No. 15-01) to the City Council on January 12, 2015. The first two low bidders requested a waiver to the LEP requirements. Staff recommended award of the project to the third low bidder who indicated that they intended to comply with the LEP requirements. However because their bid price was $43,939.10 higher than the low bidder, several Memorandum 92 of 567 Attachment D aldermen expressed concern if this was a good use of City funds, especially since it appears as though the Evanston resident would only work approximately 152 hours and earn approximately $5,800 in wages. Staff would like to recommend award of the 2015 CIPP Sewer Rehabilitation Contract A (Bid No. 15-01) to the low bidder for a cost of $267,040 at the February 9, 2015 City Council meeting, with the condition that the Sewer Fund would transfer $2,670 to a fund to help train Evanston residents in the construction trades. Summary: Upon acceptance of staff’s recommendation, the Utilities Department will work with the Legal Department to modify the current LEP ordinance to exclude the small diameter CIPP rehabilitation projects and stipulate that one percent (1%) of the contract award amount be transferred to a fund to be used to train Evanston residents in the construction trades. 93 of 567 For City Council meeting of February 9, 2015 Item A3.4 Business of the City by Motion: Annual Sludge Disposal Fee 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: Estimated 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 Date: January 28, 2015 Recommended Action: Staff recommends City Council authorize payment of the Annual User Charge for 2015 with the Metropolitan Water Reclamation District of Greater Chicago (District) for disposal of sludge generated as part of the water treatment process up to the amount of $395,000. Funding Source: Funding for this work will be from the Water Fund, Account 7110.62420. This account has a budget of $395,000 specifically allocated for District user charges for sludge disposal. Background: The initial phase of the water treatment process involves adding coagulants to raw Lake Michigan water in order to form a “floc” which helps to trap and solidify impurities in the water and allow them to settle out prior to filtration. This material settles out as part of the mixing, sedimentation and settling process into basins located underground on the north side of the Water Treatment Facility. During October and April of each year, this sediment, or sludge, is removed from the basins by manually washing and rinsing it into a sewer and sending it to the District for treatment. The makeup of this sludge varies greatly depending on the time of the year, the turbidity (cloudiness) of the raw water and the quantity of water treated. The sludge is analyzed for biological oxygen demand (BOD) and suspended solids (SS) prior to pumping to the District and the cost for treatment is based on the levels of these parameters as well as the volume of sludge that has been produced. Memorandum 94 of 567 Analysis: The District has established the preliminary estimated annual user charge for 2015 at $380,290.71. This amount is proposed to be paid over 4 quarterly installments with the first payment of $95,072.68 due in February, 2015. The District clearly states on the User Charge Estimate that the quarterly payments may be revised based on new data submitted to the District. Historically, the District has revised the payment amount every year. Therefore, staff is recommending authorization of payment up to the 2015 approved budget amount for sludge disposal. In the event payments exceed the approved budget amount, staff would seek approval to modify the budget allocation. Attachments: MWRDGC Estimated Annual User Charge for 2015 95 of 567 96 of 567 For City Council meeting of February 9, 2015 Item: A3.5 Business of the City by Motion: PEG Fund Distribution For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Erika Storlie, Deputy City Manager Subject: Expenditure of Public, Education & Government (PEG) Funds to Evanston/Skokie School District 65 and Evanston Township High School District 202 for equipment purchases used to support PEG channels Date: January 30, 2105 Recommended Action 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 Source PEG Fund Revenue Account 100.15.1510.52181 has 2014 revenues of $131,576.18. Expenses will be charged to account 100.15.1510.64004 – PEG Fund Distribution Summary Under state law, a current portion of Comcast and AT&T franchise fees are dedicated to the Evanston PEG Channels (Channel 6, 16, 18 & 19) to be used strictly for broadcast and production equipment. Representatives from the organizations met to review equipment purchases and discuss allocating the PEG Funds. There was group consensus that that the money should be distributed in the above fashion. Background In Fiscal Year 2013 the budgeted amount was $100,000. School District 65 received $6,500; District 202 received $30,000 and ECTV (Evanston Community Television) received $70,000. In 2014, both districts invested heavily in equipment to modernize Memorandum 1 97 of 567 their facilities, accounting for the increase over last year. They were the priority investments based on equipment age and failure capability. 2015 expenditures will likely focus more on equipment purchases for channels 6 & 16. Attachments: D202 2014 Expenditures D65 2014 Expenditures 98 of 567 Q U O T E Number EVA092914 Date Sep 29, 2014601 S. LaSalle St., Suite 701, Chicago, IL 60605 t. 312-994-9270 f. 312-341-0401 Sold To Ship To Evanston Township High School Evanston Township High School William Jenkins William Jenkins 1600 Dodge Avenue Evanston, IL 60201 1600 Dodge Avenue Evanston, IL 60201 Phone (847) 424-7360 Phone (847) 424-7360 Fax Fax Salesperson P.O. Number Ship Via Terms ISS Sales Team Line Qty Part Number Description Unit Price Ext. Price 1 4 $3,799.99 $15,199.961SO-HXRNX5U Sony HXR-NX5U Professional, HD Camcorder w/SDI Connection 2 4 $1,350.00 $5,400.001LI-LX10STUDIO Professional 2-Stage Tripod System w/Dolly, Dual Handles and Fluid Head 3 4 $199.99 $799.961LI-ZFC5HD Variable Speed Zoom, Focus, Power and Recording, Tripod Remote Control 4 2 $1,400.00 $2,800.001PR-FLEX17 Complete, On-Camera Teleprompter Pkg. (Includes- Software, Monitor and Mounts) 5 1 $95.00 $95.001PR-REMKEY Wireless USB Remote for Flip-Q Software (PC and MAC) 6 1 $3,595.00 $3,595.001CO-COMSTARXT5 COMSTAR-XT5 Wireless Intercom System w/5 Headsets 7 4 $849.95 $3,399.801DE-WFORM7SDI On Camera, 7" LED Monitor, w/Waveform, Vector Scope and 3G-SDI I/O 8 1 $425.00 $425.001ME-TLC4S 6 Output, Program/Preview, Tally Light Controller for TriCaster 9 4 $54.95 $219.801ME-TL2H On Camera, Hot Shoe Mount, Tally Light 10 8 $469.00 $3,752.001FL-FIL220AWD 4 x 55W (1000W Equivalent) Fluorescent Video Light w/Wireless Dimming 11 8 $162.00 $1,296.001MAT-B429742 2' to 4' Telescoping Light Hanger w/Pipe Clamp 12 2 $40.45 $80.901ISS-CABLE Custom Length, Belden 1694 HDSDI Cable w/BNC Connectors (25') 13 6 $89.95 $539.701ISS-CABLE Custom Length, Belden 1694 HDSDI Cable w/BNC Connectors (50') QUOTE VAILD FOR 30 DAYS, UNLESS OTHERWISE NOTED - PRICES SUBJECT TO CHANGE - TRAINING MUST OCCUR WITHIN 6 MONTHS OF PURCHASE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOUR FOR HARDWARE ONLY AND ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. **TAX EXEMPTION REQUIRES PROPER DOCUMENTATION** Page 1 of 2Created on 09/29/14 13:52:22 by QuoteWerks 99 of 567 Line Qty Part Number Description Unit Price Ext. Price 14 1 $24.99 $24.991ISS-HDMICABLE Custom Length, Type-A Male to Male HDMI w/Ethernet & 3D Support (25') 15 1 $150.00 $150.001ISS-CABLEPACK Custom Equipment Cables Needed for Installation (Includes Mini SDI, DVI and CAT5e Cables) 16 1 $1,150.00 $1,150.001ISS-INT Professional Equipment Set Up and Integration 17 1 $750.00 $750.001ISS-TRAIN Professional On Site Training and Workflow Customization 18 2 $379.00 $758.001SP-SCOREBOT Custom Built Scoreboard to Internet Interface 19 2 $249.00 $498.001SP-DATA Annual SportzCast Data Service (1-YR) SubTotal $40,934.11 Tax $0.00 Shipping $575.00 Total $41,509.11 Deposit Required $20,754.56 QUOTE VAILD FOR 30 DAYS, UNLESS OTHERWISE NOTED - PRICES SUBJECT TO CHANGE - TRAINING MUST OCCUR WITHIN 6 MONTHS OF PURCHASE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOUR FOR HARDWARE ONLY AND ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. **TAX EXEMPTION REQUIRES PROPER DOCUMENTATION** Page 2 of 2Created on 09/29/14 13:52:22 by QuoteWerks 100 of 567 Q U O T E Number EVA092214 Date Jul 30, 2014601 S. LaSalle St., Suite 701, Chicago, IL 60605 t. 312-994-9270 f. 312-341-0401 Sold To Ship To Evanston Township High School Evanston Township High School William Jenkins William Jenkins 1600 Dodge Avenue Evanston, IL 60201 1600 Dodge Avenue Evanston, IL 60201 Phone (847) 424-7360 Phone (847) 424-7360 Fax Fax Salesperson P.O. Number Ship Via Terms ISS Sales Team Line Qty Part Number Description Unit Price Ext. Price 1 1 $9,999.00 $9,999.001LS-HD510 5-Input, Portable, HD Video Production Switcher 2 1 $3,595.00 $3,595.001CO-COMSTARXT5 COMSTAR-XT5 Wireless Intercom System w/5 Headsets 3 1 $995.00 $995.001ISS-TRAIN Professional On Site Training and Workflow Customization 4 2 $495.00 $990.001LS-BROADCASTER Portable HD Streaming Box SubTotal $15,579.00 Tax $0.00 Shipping $165.00 Total $15,744.00 Deposit Required $7,872.00 QUOTE VAILD FOR 30 DAYS, UNLESS OTHERWISE NOTED - PRICES SUBJECT TO CHANGE - TRAINING MUST OCCUR WITHIN 6 MONTHS OF PURCHASE - PRICES BASED UPON TOTAL PURCHASE - ALL DELIVERY, TRAINING OR CONSULTING SERVICES TO BE BILLED AT PUBLISHED RATES FOR EACH ACTIVITY INVOLVED - GENERALLY ALL HARDWARE COMPUTER COMPONENTS PROPOSED ABOVE ARE COVERED BY A LIMITED ONE YEAR WARRANTY, COVERING PARTS AND LABOUR FOR HARDWARE ONLY AND ON A DEPOT BASIS - WE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR WITH REGARD TO ANY LICENSED PRODUCTS. WE SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, INTERRUPTION OF BUSINESS, NOR FOR INCIDENTIAL OR CONSEQUENTIAL MERCHANTABILITY OR FITNESS OF PURPOSE, DAMAGES RELATED TO THIS AGREEEMENT. MINIMUM 15% RESTOCKING FEE WITH ORIGINAL PACKAGING. **TAX EXEMPTION REQUIRES PROPER DOCUMENTATION** Page 1 of 1Created on 09/24/14 14:08:27 by QuoteWerks 101 of 567 Willam Jenkins Reference #EVANSTON TOWNSHIP HIGH SCHOOL ETHS031814-CR March 18, 2014 ITEM DESCRIPTION Quan SOFTWARE CTRL+R SOFTWARE (PTZ Camera Control)1 PAN TILT HEAD RUSHWORKS PT-MINI (payload up to six pounds) for LANC cameras 2 MUX 4 CHANNELS DC POWER + RS-422 SERIAL OVER CAT5 1 $220 Price 2,752 Installation & Training 0 Sales Tax *Shipping & Handling Travel Expenses 0 This Proposal is valid for 30 days. TOTAL $2,752 *UPS Ground 24/7 Email • Phone • Workstation Access • Software Version Upgrades & Enhancements PTZ CAMERA CONTROL SOFTWARE & PERIPHERALS The CTRL R software runs on Windows 7 or Windows 8 operating systems. CUSTOMER SUPPORT Annual System Assurance Plan (ASAP) first year included renewable yearly 102 of 567 103 of 567 104 of 567 105 of 567 106 of 567 107 of 567 108 of 567 For City Council meeting of February 9, 2015 Item A3.6 Business of the City by Motion: Professional Consultant for Recording Landmark Status on Deeds and Inventory For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning & Zoning Administrator Carlos D. Ruiz, Preservation Coordinator Subject: Professional Consulting Services for Recording Landmark Status on Deeds and Inventory (RFP 14-52) Date: January 29, 2015 Recommended Action: 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 to The Lakota Group (212 West Kinzie Street, 3rd Floor, Chicago, Illinois 60654) at a cost of $36,153. Funding Source: The funding for this contract comes from a 70/30 Grant Agreement between the State of Illinois Historic Preservation Agency (IHPA) and the City of Evanston. The IHPA will reimburse an amount not to exceed $37,240 to the City for recording Evanston Landmark Status on Deeds and Inventory. This amount is the State Grant/Federal Share (70%), and 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. Summary: In order to fulfill the Grant Agreement with the IHPA and procure the services of a professional consultant, staff issued Request for Proposal (RFP) #14-52 to hire a consultant to inventory 477 landmark buildings and assist with the preparation of documents to record the landmark status of properties on deeds. On January 6, 2015, the Purchasing Department received proposals from two professional consulting firms as noted below: Consultant Address Wiss, Janney, Elstner Associates, Inc. 330 Pfingsten Road, Northbrook, IL 60062 The Lakota Group 212 West Kinzie Street, 3rd floor, Chicago, IL 60062 Memorandum 109 of 567 An Evaluation Team was formed to review and evaluate the proposals consisting of the following members: JacQuera Calvert/Purchasing, Lorrie L. Pearson/Planning & Zoning, Diane Williams/Preservation Commissioner, Garry Shumaker/Preservation Commissioner and Carlos D. Ruiz/Planning & Zoning. Following individual review of the proposals, the Evaluation team met and reviewed both proposals based on an evaluation rating provided by the Purchasing Department as noted below: 1. Qualifications - Firm Experience (20 pts) 2. Qualifications – Project Manager/team Experience (20 pts) 3. Project Approach (20 pts) 4. Cost (10 pts) 5. Completeness of Proposal (10 pts) 6. Executing Contract Agreement (10 pts) 7. M/W/EBE (10 pts) At the evaluation team meeting it was discussed how each proposal had approached all seven rating categories. A set of additional questions to clarify expenditures, hourly rates, time commitment and tasks distribution between consultants and City staff and volunteers was sent to both consultants. Responses were transmitted to each team member for their review. The evaluation team assigned the Wiss, Janney, Elstner Associates, Inc. proposal 87 points out of 100 and The Lakota Group proposal 89 points out of 100. The evaluation team reached a consensus that The Lakota Group proposal at a cost of $36,153 offers a better fit for the project because it clearly delineates the dedicated work hours and the tasks to be performed by the City staff and volunteers and the tasks to be performed by The Lakota Group. It also offers an experienced team for the inventory of the landmarks, data collecting and input of data to electronic files for the creation of interactive mapping to be accessible through the internet. Based on the scoring results, the evaluation team recommends awarding the contract to The Lakota Group at a total cost of $36,153. Legislative History: On March 24, 2014 City Council authorized the City Manager to sign a grant agreement for $37,240 with the Illinois Historic Preservation Agency (IHPA) to inventory and record with the Cook County Recorder of Deeds designated Evanston landmarks located outside local Evanston Historic Districts. The grant is $37,240 to be reimbursed to the City, with the City’s match of $15,960 ($3,990 cash and $11,970 in-kind). Attachments: M/W/EBE Memo Page 2 of 2 110 of 567 RFP 1452, Recording Evanston Landmark Status on Deeds and Inventory M/W/EBE Memo, 02.09.2015 To: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Carlos D. Ruiz, Senior Planner – Preservation Coordinator From: Tammi Turner, Purchasing Manager Subject: Request for Proposal 1452, Recording Evanston Landmark Status on Deeds and Inventory 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 the recommendation for RFP 1452, Recording Evanston Landmark Status on Deeds and Inventory, the Lakota Group is found to be in initial compliance with the goal. The Lakota Group total base bid is $36,153.00, and will receive 26.4% credit. Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Bailey Edward Design, Inc. Design $9,550.00 26.4% X Total M/W/EBE $9,550.00 100% Cc: Martin Lyons, Assistant City Manager/CFO Memorandum 111 of 567 For City Council meeting of February 9, 2015 Items A4.1 & A4.2 Ladd Arboretum Path Update and Overview To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Subject: Ladd Arboretum Multi-use Path Update and Overview Date: February 5, 2015 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. 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. Memorandum 112 of 567 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 permeable concrete versus asphalt is below: Construction Material Cost Asphalt $289,626 Permeable Concrete $642,775 Underdrain for permeable concrete $109,438 Additional Cost for Permeable Pavement $462,587 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) Students Counts at McCormick Blvd/Prairie Ave/Ladd Arboretum Year 2013 2014 Average Students per day 65 74 Page 2 of 8 113 of 567 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. Page 3 of 8 114 of 567 Photos Photo 1 Lagoon 2011 Crushed Stone Path Similar to Ladd Photo 2 Lagoon 2014 Permeable Concrete Path Page 4 of 8 115 of 567 Photo 3 Ladd Path Winter 2015 Photo 4 McCormick Winter 2015 Page 5 of 8 116 of 567 Photo 6 McCormick Winter 2015 Photo 5 McCormick Winter 2015 Page 6 of 8 117 of 567 Photo 8 Perkins Woods Winter 2015 Photo 7 Perkins Woods Winter 2015 Page 7 of 8 118 of 567 Photo 9 Asphalt Multi-Use Path at Morton Arboretum Page 8 of 8 119 of 567 120 of 567 121 of 567 122 of 567 For City Council meeting of February 9, 2015 Item A4 .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 123 of 567 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 124 of 567 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 125 of 567 4-R-15 ~3~ Exhibit A Project Location Map 126 of 567 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 BOUNDARY127 of 567 4-R-15 ~4~ Exhibit B Local Agency Agreement between the City of Evanston and the Illinois Department of Transportation 128 of 567 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) 129 of 567 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. 130 of 567 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. 131 of 567 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 132 of 567 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. 133 of 567 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 9, 2015 Item A4.2 Business of the City by Motion: Ladd Arboretum Path Construction Engineering For Action 134 of 567 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 82 135 of 567 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 136 of 567 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 PM137 of 567 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 PM138 of 567 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 139 of 567 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 0.00 140 of 567 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 PM141 of 567 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)142 of 567 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 PM143 of 567 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 144 of 567 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 PM145 of 567 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 PM146 of 567 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)147 of 567 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 2 148 of 567 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 2 149 of 567 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 150 of 567 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. 151 of 567 152 of 567 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 153 of 567 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 154 of 567 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 155 of 567 For City Council meeting of February 9, 2015 Item A5 Resolution 17-R-15: CMAQ Grant Application 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., Asst. Director of Engineering & Infrastructure Subject: Resolution 17-R-15 CMAQ Application for Green Bay Road Improvement, Asbury Avenue to McCormick Blvd. Date: January 30, 2015 Recommended Action: Staff recommends 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. Funding Source: The preliminary cost for the project’s construction including construction engineering is estimated at $2,400,000. The CMAQ funds request will be up to 80% of the project’s construction cost, or $1,920,000. The remaining 20% of the construction cost will be the local share which must be budgeted in the FY 2016 Capital Improvement Program. Congestion Mitigation and Air Quality Fund $1,920,000 FY 2016 Capital Improvement Program $480,000 Discussion: Green Bay Road is classified as a minor arterial and truck route. Green Bay Road is a four-lane cross section roadway (two lanes in each direction and left turn lanes at intersections) within the City limits. The projects limits are from the intersection of Asbury Ave at Green Bay Rd north to McCormick Blvd. There are 3 signalized intersections within the project limits: McCormick Blvd, Noyes Street and Simpson Street. The existing pavement is in fair to poor condition. The CMAQ Program is a federally funded program administered by the Chicago Metropolitan Planning Agency (CMAP). The program is design to support project that will mitigate congestion, such as lane reduction and signal modernization. The call for projects for 2015 requires the completion of Phase I Engineering to be eligible for funding. We are working with ESI Consultants to complete the Phase I Engineering by Memorandum 156 of 567 June this year and in summer to complete the construction plans (Phase II Engineering) for 2016 construction. CMAQ applications must be reviewed by the planning liaison prior to submission to CMAP. The deadline to submit applications for North Shore Planning Liaison review is Friday, February 13. Attachments: Resolution 17-R-15 Green Bay Corridor Map Page 2 of 2 157 of 567 2/2/2015 17-R-15 A RESOLUTION Authorizing the City Manager to Submit an Application for Grant Funds from the Congestion Mitigation and Air Quality Control Program for the Green Bay Road Improvements from Asbury Avenue to McCormick Boulevard WHEREAS, the Congestion Mitigation and Air Quality Control (“CMAQ”) program, is a federal grant program operated by the Chicago Metropolitan Planning Agency (“CMAP”) in partnership with other state agencies, local governments, interest groups, and citizens, designed to enhance the transportation system and encourage more livable communities; and WHEREAS, CMAQ funding can be requested to support projects that will mitigate transportation congestion, such as lane reduction and signal modernization ; and WHEREAS, the CMAQ Program funds eighty percent (80%) of the subject project cost and the remaining twenty percent (20%) must be matched by the respective program participant for the payment of construction engineering and construction costs; and WHEREAS, the City is preparing a CMAQ application for the construction of the Green Bay Road Improvements from Asbury Avenue to McCormick Boulevard (hereinafter referred to as the “Project”); and WHEREAS, the total Project cost is estimated to be $2,400,000.00 (Two Million Four Hundred Thousand and no/100 Dollars) and the City seeks to apply to CMAP for $1,920,000.00 (One Million Nine Hundred Twenty Thousand and no/100 158 of 567 17-R-15 ~2~ Dollars) of CMAQ funds for the Project and the City’s twenty percent match portion for the Project will be $480,000.00 (Four Hundred Eighty Thousand and no/100 Dollars), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to submit the CMAQ Application for federal funds to CMAP and the City Clerk is hereby authorized and directed to attest, on behalf of the City of Evanston. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the application as may be determined to be in the best interests of the City. SECTION 3: This Resolution 17-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 159 of 567 160 of 567 For City Council meeting of February 9, 2015 Item A6 Resolution: 14-R-15 Dodge Avenue Bike Lane 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., City Engineer Subject: Resolution 14-R-15, Regarding Dodge Avenue Bike Lane Project Funding Date: February 9, 2015 Recommended Action: 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 Dodge Avenue Bike Lane Project. Funding Source FY 2015 CIP# 415.26.4150.65515: $120,180 CMAQ Funding: $480,000 Total: $600,180 Summary: 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 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. As part of the project protected bike lanes will be constructed on Dodge Avenue from Howard Street to Church Street. Attachments: Resolution 14-R-15 Location Map Memorandum 161 of 567 1/26/2015 14-R-15 A RESOLUTION Authorizing the City Manager to Execute the Construction Funding Agreement with the Illinois Department of Transportation for the Dodge Avenue Bike Lane WHEREAS, the City of Evanston (“City”) and the Illinois Department of Transportation (“IDOT”), in the interest to promote safe and efficient roadway system, desire to construct a protected on-street bike lane on Dodge Avenue from Howard Street to Church Street (See map, attached hereto as Exhibit A, said services to be identified as State Section: 13-00268-00-BT and Project Number: 61-B19 (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 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 Participation made with IDOT, attached hereto as Exhibit B, made a part hereof. 162 of 567 14-R-15 ~2~ SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 14-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 163 of 567 14-R-15 ~3~ EXHIBIT A Project Location Map 164 of 567 PLANS FOR PROPOSEDFEDERAL AID HIGHWAY165 of 567 14-R-15 ~4~ EXHIBIT B Local Agency Agreement for Federal Participation 166 of 567 Printed on 1/30/2015 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 13-00268-00-BT Fund Type CMAQ ITEP and/or SRTS Number Construction Engineering Right-of-Way Job Number Project Number Job Number Project Number Job Number Project Number C-91-26-15 61- B19 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 Dodge Avenue Protected Bike Lane Route N/A Length 2 miles Termini Howard Street to Church Street Current Jurisdiction City of Evanston TIP Number 02-14-0001 Existing Structure No N/A Project Description Construction of Protecetd on-street bike lane on Dodge Avenue from Howard Street to Church Street Division of Cost Type of Work % % LA % Total Participating Construction 480,000 ( * ) ( ) 120180 ( BAL ) 600,180 Non-Participating Construction ( ) ( ) ( ) Preliminary Engineering ( ) ( ) ( ) Construction Engineering ( * ) ( ) ( BAL ) Right of Way ( ) ( ) ( ) Railroads ( ) ( ) ( ) Utilities ( ) ( ) ( ) Materials TOTAL $ 480,000 $ $ 120,180 $ 600,180 * Maximum FHWA (CMAQ) Participation 80% Not to Exceed $480,000. 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) 167 of 567 Printed on 1/30/2015 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. 168 of 567 Printed on 1/30/2015 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. 169 of 567 Printed on 1/30/2015 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 fo r 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 170 of 567 Printed on 1/30/2015 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 Wally Bobkiewicz Name of Official (Print or Type Name) Erica J. Borggren, Acting Secretary Date City Manager 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. 171 of 567 For City Council meeting of February 9, 2015 Item A7 Resolution 18-R-15: Motor Fuel Tax Funds for Roadway Construction 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., Asst. Director of Engineering & Infrastructure Dan Manis, P.E., Senior Project Manager Subject: Resolution 18-R-15 Motor Fuel Tax Funds Use for Roadway Construction Date: January 29, 2015 Recommended Action: The Evanston Department of Public Works 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 Source: This project will be funded through the Motor Fuel Tax Fund (Fund # 200). Summary: The City’s Street Resurfacing Program is funded through the Motor Fuel Tax Fund (MFT) and through the Capital Improvement (CIP) Fund. It is proposed that six streets be improved through the use of the City’s MFT Fund. The proposed contract work consists of curb replacement, grinding/milling street surface, base repair, adjustment of drainage/utility structures and street resurfacing, as well as any necessary incidental construction. The Engineering & Infrastructure Division has completed the design of these street projects in-house. The streets included in the 2015 MFT Program are listed below. Memorandum Page 1 of 2 172 of 567 2015 MFT Street Resurfacing Project Street From To Davis Street Fowler Avenue Pitner Avenue Elmwood Avenue Crain Street Dempster Street Hartrey Avenue Cleveland Street Washington Street Hinman Avenue South Boulevard Main Street Otto Lane Cul-de-Sac Highland Avenue Ridge Avenue Garnett Place Noyes Street Ridge Avenue Central Street Isabella Street With Council approval of this resolution, the Engineering staff will bid the MFT Street Resurfacing Project and bring back the recommendation to award the construction contract in early April 2015. It is anticipated that construction will begin in May 2015. Attachments: Resolution 18-R-15 2015 MFT Streets Map Page 2 of 2 173 of 567 1/27/2015 18-R-15 A RESOLUTION Authorizing the City Manager to Sign an Illinois Department of Transportation Resolution for Improvement by Municipality under the Illinois Highway Code for Improvements to Various Evanston Streets WHEREAS, in order to facilitate the free flow of traffic and insure safety to the motoring public, the City of Evanston and the Illinois Department of Transportation (“IDOT”), are desirous of entering into an Illinois Department of Transportation Resolution for Improvement by Municipality under the Illinois Highway Code, a copy of which is attached hereto and incorporated herein as Exhibit 1, for improvements to various streets within the City of Evanston; and WHEREAS, said roadway improvements consist of curb replacement, base repair, drainage/utility structure adjustment, and resurfacing the pavement with necessary incidental construction; and WHEREAS, it is necessary for the City Manager to execute the IDOT Resolution for Improvement by Municipality Under the Illinois Highway Code, allocating a portion of the City’s Motor Fuel Tax funds in the principal amount of One Million Seven Hundred Thousand and no/100 Dollars ($1,700,000.00) to pay for said street improvements; and WHEREAS, the City Council has determined that it is in the best interests of the City to execute the aforementioned resolution for certain street improvements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: 174 of 567 18-R-15 ~2~ SECTION 1: That the City Manager is hereby authorized to sign and the City Clerk is hereby authorized to attest to the Resolution for Improvement by Municipality under the Illinois Highway Code between the City of Evanston and IDOT, attached hereto as Exhibit 1. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional conditions with IDOT for the City roadway construction using the City’s Motor Fuel Tax Funds. SECTION 3: That this Resolution 18-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 175 of 567 18-R-15 ~3~ EXHIBIT 1 Resolution for Improvement by Municipality Under the Illinois Highway Code 176 of 567 Printed 1/28/2015 BLR 09111 (Rev. 11/06) Resolution for Improvement by Municipality Under the Illinois Highway Code BE IT RESOLVED, by the Council of the Council or President and Board of Trustees City of Evanston Illinois City, Town or Village that the following described street(s) be improved under the Illinois Highway Code: Name of Thoroughfare Route From To Davis Street Fowler Avenue Pitner Avenue Elmwood Avenue Crain Street Dempster Street Hartrey Avenue Cleveland Street Washington Street Hinman Avenue South Boulevard Main Street Otto Lane Cul-de-Sac Highland Avenue Ridge Avenue Garnett Place Noyes Street Ridge Avenue Central Street Isabella Street BE IT FURTHER RESOLVED, 1. That the proposed improvement shall consist of Curb replacement, base repair, drainage/utility Structure adjustment, asphalt grinding and resurfacing the pavement with necessary incidental construction estimated construction cost ($1,700,000) and shall be constructed various feet wide and be designated as Section 15-00274-00-RS 2. That there is hereby appropriated the (additional Yes No) sum of One million seven hundred thousand Dollars ( 1700000 ) for the improvement of said section from the municipality’s allotment of Motor Fuel Tax funds. 3. That work shall be done by Contract ; and, Specify Contract or Day Labor BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit two certified copies of this resolution to the district office of the Department of Transportation. Approved I, Clerk in and for the City of Evanston City, Town or Village County of Cook , hereby certify the Date foregoing to be a true, perfect and complete copy of a resolution adopted by the Council Council or President and Board of Trustees Department of Transportation at a meeting on Date IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this day of Regional Engineer (SEAL) Clerk City, Town, or Village Clerk 177 of 567 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STST E W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINCO LN ST CASE PL LAKE ST CHURC H S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDSH E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVERIDGE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSON LIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGEAVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTC R A W F O R D LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST P R A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD STASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL R OS L Y N P L HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN37002300 2700 50034002400 300 2000300 2900 100 4001600700 13003000 1100 20008002700 1200 2600 110050060010001200180026002002500 2500150050013002100900 600 1500 500 800200014002001500 800 17001900 38001001100 2800 23002800 2500 26001400 14002900110022001600 700 18003600 2200200 400 600 300900 1001300 12001900 1700 19002100 100 3200900 18002400 26001000 22002200 1400 2500300100060035001700700 1200 400 2700230024002100170070016001800 31002300400 2000 2400 200 9001600 1900800 15002100 100033002800 13002015 MFT Location Map.mxd 12/10/2010 0 0.5 10.25 Mile ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. 2015 MFT RESURFACING OF VARIOUS STREETS,(15-00274-00-RS) City of Evanston Department of Public Works MFT STREET RESURFACING 178 of 567 For City Council meeting of February 9, 2015 Item A8 Resolution 16-R-15, Regarding Transportation Network Providers For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Resolution 16-R-15, Regarding Transportation Network Providers (“TNP”) Date: January 26, 2015 Recommended Action: City staff recommends adoption of Resolution 16-R-15. Summary: Public Act 98-1173 was signed into law on January 12, 2015 and sets minimum standards for mandatory insurance coverage and background checks for TNPs. Following Council’s direction, staff prepared this resolution regarding Transportation Network Provider services in Evanston. Legislative History: n/a Alternatives: n/a Attachments: Resolution 16-R-15 Memorandum 179 of 567 1/27/2015 16-R-15 A RESOLUTION REGARDING TRANSPORTATION NETWORK PROVIDER SERVICES IN THE CITY OF EVANSTON NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. In January 2015, the City Council considered, but did not adopt, Ordinance 109-O-14. Concurrent with the Council’s legislative deliberations on that ordinance, Public Act 98-1173 was signed into law in Illinois on January 12, 2015. The standards set forth in that Act grant prudent protections to users of Transportation Network Provider (“TNP”) services in the City of Evanston. These standards will be enforced by the City equitably and fairly for all TNPs. The TNP business model operating in Evanston is in its early stages, and therefore, the City Council determined it is premature at this time to adopt a comprehensive regulatory framework which may need to be substantively revised in the near term as the TNP business model evolves. Given the special circumstances present in Evanston with the City Council’s commitment to sustainable transportation alternatives, TNP regulations may disincentivize sustainability. Nothing in the legislative Record shall be held to diminish or impair the City of Evanston’s right to equitably enforce all necessary provisions of the Illinois Vehicle Code and other applicable state and federal law. Further, nothing in the Record shall in any way impair or diminish the immunities conferred upon the City by the Local Governmental and Local Governmental Employees Tort Immunity Act, 745 ILCS 10/ et seq. The City Council 180 of 567 16-R-15 ~2~ retains the right to revisit these policy issues on a continuing basis as the TNP business model evolves and/or as the state regulatory framework adjusts. SECTION 2: The City Manager and his/her designees are hereby authorized and directed to enforce state and federal regulations applicable to TNP services in the City, specifically including, but not limited to, Illinois Public Act 98-1173, as may be amended from time to time. SECTION 3: That this Resolution 16-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 181 of 567 For City Council meeting of February 9, 2015 Item A9 Resolution 12-R-15: Lease Agreements for Noyes Cultural Arts Center Studios For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Joe McRae, Director of Parks, Recreation and Community Services Christina Ferraro, Assistant Director of Community Services Subject: Resolution 12-R-15 Lease Terms for Studio Space at the Noyes Cultural Arts Center (NCAC) Date: February 2, 2015 Recommended Action: Staff recommends approval 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. Funding Source: Revenues are deposited into the Noyes Cultural Arts Business Unit 3710. Summary: The studio leases are for a nine month term (03/01/2015 - 12/31/2015). Resident Artist Discipline Studio 2015 monthly rate Community Service Actors Gymnasium Circus & performing arts 108 $1,281.00 $1,729.35 Maria DeLaPaz Gaitan Painting, drawing, digital design 109 $ 287.25 $ 387.75 The Noyes Tenants Association reviewed the five applications that were received for the two available studios and recommended the two applicants indicated above; City staff concurs with their recommendation. These two studios are vacant due to Next Theatre moving out of Room 108 and Art Encounter moving out of Room 109 and into Room 104 last year. Memorandum 182 of 567 In the past, the Actors Gym would sublease from other tenants in NCAC to host their classes as they were in need of more space. With Actors Gym in Room 108, they will no longer have to sublease and will be able to expand their program. They are occupying less space than the maximum allowed within the lease agreement. Maria DeLaPaz Gaitan is a new tenant and Evanston resident. She will add diversity to the NCAC. Rooms 219 and 222 are now vacant. The application process will begin and potential tenants will be presented at the May 2015 City Council meeting. The theatre is also vacant at NCAC; a potential tenant will be sought for September 2015 – May 2016 and will be presented at the City Council meeting in the spring or summer of 2015. Legislative History: The February 2, 2015, Human Services Committee meeting was cancelled. As a result, staff recommends the leases for approval at the February 9, 2015 Administration and Public Works Committee. Attachments: Resolution 12-R-15 Copy of Studio Master Lease Exhibit B fee chart Page 2 of 2 183 of 567 1/22/2014 12-R-15 A RESOLUTION Authorizing the City Manager to Enter into Nine Month Lease Agreements for Studio Spaces at the Noyes Cultural Arts Center BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston, two (2) studio leases by and between the City and resident artists of the Noyes Cultural Arts Center. The leases shall be in substantial conformity with the leases marked as Exhibit A (Nine Month Master Studio Lease) attached hereto and incorporated herein by reference. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the leases as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 12-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 184 of 567 1-R-11 ~2~ EXHIBIT A NINE MONTH MASTER STUDIO LEASE 185 of 567 LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET, EVANSTON, ILLINOIS, BY AND BETWEEN THE CITY OF EVANSTON, LANDLORD AND [TENANT], TENANT 186 of 567 INDEX Section Title Page Number 1 SECTION 1. DESCRIPTION OF PREMISES ........................................................................... 2 SECTION 2. TERM ................................................................................................................... 2 SECTION 3. RENT .................................................................................................................... 2 SECTION 4. COMMON FACILITIES ........................................................................................ 3 SECTION 5. USE OF PREMISES ............................................................................................ 5 SECTION 6. SIGNS .................................................................................................................. 8 SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS ............................................................................................................ 8 SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................. 8 SECTION 9. REPAIRS AND MAINTENANCE ......................................................................... 9 SECTION 10. UTILITIES .......................................................................................................... 10 SECTION 11. TAXES ............................................................................................................... 10 SECTION 12. INSURANCE ...................................................................................................... 10 SECTION 13. SUBLETTING; ASSIGNMENT .......................................................................... 11 SECTION 14. SURRENDER OF PREMISES; HOLDING OVER ............................................. 11 SECTION 15. INDEMNIFICATION AND LIENS ....................................................................... 12 SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS ................................. 12 SECTION 17. DEFAULT AND REMEDIES .............................................................................. 13 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION ................... 15 SECTION 19. REMOVAL OF OTHER LIENS .......................................................................... 15 SECTION 20. REMEDIES NOT EXCLUSIVE ........................................................................... 16 SECTION 21. EXPENSES OF ENFORCEMENT ..................................................................... 16 SECTION 22. EMINENT DOMAIN ............................................................................................ 16 SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION ............................. 17 SECTION 24. PEACEFUL ENJOYMENT ................................................................................. 17 SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS .................................... 17 SECTION 26. AMENDMENTS TO BE IN WRITING ................................................................. 17 SECTION 27. PARTIES BOUND .............................................................................................. 17 SECTION 28. NOTICES ........................................................................................................... 17 SECTION 29. MISCELLANEOUS ............................................................................................ 18 SECTION 30. VENUE AND JURISDICTION ............................................................................ 19 SECTION 31. FORCE MAJEURE ............................................................................................ 19 187 of 567 2 This Lease Agreement (the “Agreement” or “Lease”) shall take effect as of the date of execution of the Agreement by the City (the “Effective Date”). This Lease is by and between The City of Evanston, an Illinois home rule municipality and owner of subject Property (“Landlord”), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook County, Illinois, “Landlord”, and [TENANT], [TENANT DESCRIPTION] (“Tenant”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenants spaces [LEASED SPACES], located on the [LEASED SPACE LOCATION] floor of the property with a street address of 927 Noyes Street, Evanston, Illinois 60201 (the “Premises”), situated within the Landlord’s 3-story building located at the same common address and legally described on Exhibit A (the “Property”) and commonly known as the Noyes Cultural Arts Center (“NCAC”). The Property has various uses including artist workshops, resident young adult summer camp classes, art exhibits, and many other uses. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenants in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenants will have the non- exclusive right to use the Common Facilities, including the washrooms referenced above. SECTION 2. TERM The term of this Agreement will be for nine months, March 1, 2015 – December 31, 2015 (the “Term”). Tenants must provide Landlord with 90 days’ notice to request a renewal of the Agreement for the Premises. Landlord, in its sole discretion, may decide that a Renewal Term is not necessary and in the best interests of the City. Renewal of the Agreement must be authorized by written consent of the Parties and must be authorized by the City Council. SECTION 3. RENT A. RATE: Tenants agree to pay Landlord an annual rental payment (the “Rent”) in accordance with the following schedule: 1. For the period of March 1st – December 31st (nine months), the Rent rate is $[RENT RATE] per month, for total Rent of $[TOTAL RENT] for the nine months. B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in accordance with said Section. C. Any and all Rent PAYMENTS under this Lease shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department 2100 Ridge Avenue, First Floor Evanston, IL 60201 188 of 567 3 D. PROPERTY FEES SCHEDULE: Attached as Exhibit B is a schedule of fees for all tenants of the Property, if applicable, including Tenant (“NCAC Property Fees”). To the extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be invoiced separately and shall be paid by the due date listed on the invoice. To the extent incurred by Tenants, the NCAC Property Fees are to be paid by Tenants regardless of the applicable rental rate specified in Section 3 [A]. Tenants acknowledges that they will reimburse the City for use of the Common Facilities (as specified on Exhibit B) after the standard business hours set by the City and the Association, which hours shall not be less than the following hours throughout the Term (including any Extended Term): 8:00 a.m. – 11:00 p.m. Monday – Friday; 8:30 a.m. – 11:00 p.m. on Saturday; and 10 a.m. – 6:00 p.m. on Sunday (the “Business Hours”). E. SURCHARGE: 1. Tenant acknowledges and agrees that all non-Evanston residents (individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be applicable to non-Evanston resident Sub-lessees if the Lessee (individuals only) is an Evanston resident. The 20% surcharge is applicable to a non-Evanston resident Sub- lessee only if and when the Sub-lessee assumes the remainder of the entire lease or a co-lease, or upon termination by Lessee or the Lessor. In order for an Organization to be exempt from incurring a 20% surcharge, its principal place of business must be in Evanston. Organizations must attach Articles of Incorporation to this Lease. 2. Monthly rental charges assessed to Sub-lessees will not be in excess of one-half the rent charged to Lessee by the Lessor. A written sublease agreement between the Lessee and Sub-lessee must be given to the Lessor covering the lease terms prior to Sub-lessee’s use of space. The sublease agreement must include the payment schedule and the dollar amount paid by Sub-lessee to Lessee. Community service obligations assessed to Sub-lessee are in addition to the full obligation assessed to Lessee. Therefore, the Community Engagement obligations assessed to Lessee will not decrease as a result of a sublease. SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD: Tenants acknowledge that they have leased the Premises for many years and receive the Premises, Common Facilities and remainder of the Property in as-is condition, and acknowledge that the Landlord has made no representations to the condition or has made any repairs to same. The Landlord or Landlord’s staff or other representatives have made no representations or assurances that it will alter or remodel the Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its reasonable discretion or when required by applicable laws, perform, repair and maintain all of the following: 1. Exterior maintenance, including the foundation, exterior walls, slab, common area doors and roof; 2. A refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract, to have trash hauled from such container with reasonable frequency; 189 of 567 4 3. Electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 4. Plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 48 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light bulbs, ballasts and tubes which are considered specialty lighting and related to performance activities. 9. Maintain the HVAC units in the Premises, the HVAC units are the property of the Landlord and shall remain in the Premises at the end of the Term. B. MAINTENANCE BY TENANTS: 1. Interior non-structural Premises maintenance and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to Section 4[A]; 2. All refuse from Premises to be placed in appropriate containers and Tenants cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. The Tenants will at all times maintain all of the Premises in a clean, neat and orderly condition. The Tenants will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by the Landlord. The Tenants shall pay the Landlord for overtime wages for staff and for any other related expenses incurred in the event that repairs, alterations or other work in the Premises required or permitted hereunder are not made during ordinary Business Hours (as defined in Section 3[E]) at the Tenant’s request. 4. Tenants will keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to Section 4[A]), in good repair. Tenants shall be responsible for repairs, damages and losses for damages sustained outside the Premises to other NCAC tenant’s personal property or leased area attributable to Tenant’s negligence or intentional misconduct, subject to Section 12[E]. All such damage must be reported in writing to the Director of Parks, 190 of 567 5 Recreation and Community Services, or his/her designee, by the next City of Evanston business day, after discovery of such damage by Tenants. 5. Repairs by Tenants must have prior written approval by the Director of Parks, Recreation and Community Services, or his or her designee, and must occur within thirty (30) days of such approval unless the Director of Parks, Recreation and Community Services, or his or her designee, gives a prior written request or grants approval for an extension beyond the thirty (30) days (or unless such repairs cannot reasonably be completed within thirty (30) days, in which case, Tenant shall have such additional time as is reasonably required). If Tenants fail to make the necessary repairs by the date determined by the Lessor, the Landlord has the option to make the necessary repairs and Tenants agree to promptly pay for those repairs upon presentation of an invoice by the Landlord to the Tenant. Tenants are required upon lease termination to leave space in good repair and condition. Maintenance and repair issues which constitute a life and safety hazard must be corrected within twenty-four (24) hours after discovery by Tenants, provided that the issue can be fixed within that time frame. If the issue cannot be fixed within twenty-four (24) hours after discovery by Tenants, the Tenants must provide a schedule for repair within one (1) business day after discovery by Tenants to the Director of Parks, Recreation and Community Services for approval, which cannot be unreasonably withheld. SECTION 5. USE OF PREMISES A. PURPOSES: Tenants will use the Premises to operate a [TENANT SPECIFIC USE OF PREMISES], and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). If Tenants endeavors to apply for a liquor license for the Premises, the Landlord gives its written consent for said application to be submitted and reviewed by the City in conformance with the City Code procedures, as amended. The City agrees to cause such license to be granted if Tenants meets applicable requirements. B. HOURS OF OPERATION AND LANDLORD ACCESS: 1. Tenant’s use of the Premises shall only be for the permitted use. Tenants shall have the right to conduct their business in the Premises during the Business Hours (as defined in Section 3[E]) of the Property. In addition, Tenants’ staff, agents, employees and contractors may access the Premises twenty-four hours a day, seven days a week, but shall not have access to the interior Common Facilities after the Business Hours (as defined in Section 3[C]) of the Property. The Property will be closed on holidays/days as observed by the City of Evanston (but Tenants will still have access to the Premises). 2. The Landlord shall have the right to retain a set of keys to the Premises, and Tenants shall not change any locks for the Premises to any other lock, other than a lock consistent with the Landlord’s master lock for the Property. The Tenants shall permit the Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenants’ use of the Premises. The Landlord shall have the right to enter upon the Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such 191 of 567 6 repairs, alterations, improvements or additions to the Premises or the NCAC, as the Landlord may deem necessary or desirable. Tenants will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenants, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. Notwithstanding the foregoing, if a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. Notwithstanding anything to the contrary contained herein, Landlord shall not have the right to alter the Premises except as expressly required or permitted hereunder. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at a Tenant’s request or if the repairs are necessitated by a Tenant’s actions, then the Tenants may not cease any rent for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. If a Tenant shall not be personally present to open and permit an entry into Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Landlord or the Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Landlord or such agents liable therefore (if during such entry the Landlord or the Lessor's agents shall accord reasonable care to Tenants’ property), and without in any manner affecting the obligations and covenants of this Lease. 3. Nothing herein contained, however, shall be deemed or construed to impose upon the Landlord any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the Premises or any part thereof, other than as herein provided. The Landlord shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Tenants therefore, to change the arrangement and/or location of Common Facilities, including entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close Common Facilities (as and when reasonably necessary for Landlord to perform its obligations hereunder or exercise its rights or as necessary due to Force Majeure), including entrances, doors, corridors or other facilities. The Landlord shall not be liable to the Tenants for any expense, injury, loss or damage resulting from work done by persons other than the Landlord in or upon, or the use of, any adjacent or nearby building, land, street, or alley. C. LOCKING OF PREMISES: All doors to the Premises must be kept locked at all times except during the Business Hours (as defined in Section 3[E]). Tenants shall not open the door to anyone in the late hours. The door may not be propped open for any reason. During normal Business Hours (as defined in Section 3[E]) for the Property, patrons and users of the Property shall have access to the Common Facilities. Tenants shall not have use of Common Facilities after the Business Hours (as defined in Section 3[E]) unless Tenant pays the Facilities Fee (as specified in Exhibit B) for keeping the Property and the Common Facilities open. D. STORAGE OF INFLAMMABLE MATERIALS: Tenants agree that they will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the premises 192 of 567 7 without the written consent of the Landlord, provided that Tenants can maintain customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH: The Tenants will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. GARBAGE DISPOSAL: The Tenants will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property before accumulation of any substantial quantity. G. PUBLIC REGULATIONS: In the conduct of its business on the Premises, Tenants will observe and comply with all laws, ordinances and regulations of public authorities. Tenants acknowledge that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. H. OTHER MISUSE: Tenants will not permit any unlawful or immoral practice with or without his knowledge or consent, to be committed or carried on in the Premises by Tenants or any other person. Tenant will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. I. PARKING REGULATIONS: The NCAC has a total of fifty (50) parking spaces, consisting of thirty-five (35) permit spaces (including four [4] marked for compact cars) and twelve (12) metered spaces and three (3) handicapped spaces in the Property parking lot, which is Lot #51 and is immediately adjacent to the Premises (the “Property Parking Lot”). The Landlord acknowledges that it will not decrease the total number of parking spaces in the Property Parking Lot during the Lease Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the parking spaces. For the permit parking spaces, annual parking permit fees shall be in accordance with the schedule previously referenced as Exhibit B and be billed separately. Parking permit fees are not prorated and will change over the Term of the Lease at the discretion of the Landlord. All annual parking permits issued will be billed on a monthly basis and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof that the vehicle was sold by producing a bill of sale. Monthly and annual parking permits for the Property Parking Lot are authorized only for Leaseholders, Sub-Tenants, staff and/or students attending classes at Noyes on a regular basis and Landlord will not permit businesses (or other invitees) outside of the NCAC to get permits for the Property Parking Lot. Use of permits is on a first-come, first serve basis for spaces available in the Property Parking Lot. Parking permits are not to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks, Recreation and Community Services is obtained. Parking Permit privileges will be considered by the Director of Parks, Recreation and Community Services or designee for other regular NCAC users on a case-by-case basis. All Authorization Forms must be signed by Tenants or their authorized designee(s), and by an NCAC staff member before parking permits can be purchased. Temporary one-day parking permits are available for individuals attending special functions at the NCAC, and for visitors and others using the NCAC, who are pre- 193 of 567 8 approved by the Director of Parks, Recreation and Community Services or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes or to attendees of performances. Tenants understand, and will inform their staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired driver’s license. Landlord will maintain the current parking lot serving the Property as a parking lot throughout the term of this Lease. SECTION 6. SIGNS Tenants may apply for signage (temporary and permanent signage) for the exterior and interior of the Premises, at its own expense, in order to conduct the business of Tenants. Tenants acknowledge that there are limitations from the City of Evanston Municipal Code of 2012, as amended, and the Code governs the application process and the details regarding size, type, and number of signs and Tenants agree to be bound by such ordinances. Landlord cannot make representations in a lease agreement that Tenants shall be entitled additional signage, a certain number of signs and/or dimensions of proposed signage, because the Tenants must make an application to the Sign Review Board, as provided by Code, but Landlord will not withhold its consent to a reasonably sized sign over the new entrance to the Premises. SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD PERSONS Except as provided by Illinois law and except to the extent arising from the negligence or intentional misconduct of Landlord or its agents, employees or contractors, or from the breach of this Lease by Landlord, Landlord will not be liable to Tenants for any damage or injury to Tenants or Tenants’ property occasioned by the failure of Landlord to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings or walks, or from the backing up of any sewer pipe or down-spout or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building of which they are a part nor from the escape of steam or hot water from any radiator, nor for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence or co-tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Landlord’s agents or Landlord, all claims for any such damage or injury being hereby expressly waived by Tenants. Notwithstanding the foregoing, if any portion of the Premises unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage. SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES: On damage or destruction by a casualty to the Premises, Tenants will continue to use them for the operation of its business to the extent practicable 194 of 567 9 B. RIGHT TO TERMINATE ON DESTRUCTION OF TWO-THIRDS OF PREMISES: Either Party will have the right to terminate this Agreement if, the Premises is damaged by a casualty to an extent exceeding two-thirds of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination will be affected by written notice to the other Party, delivered within 90 days of the damage. C. REPAIRS BY LANDLORD: If the Premises are damaged by a casualty before or after the start of the Agreement, then Landlord will immediately, on receipt of insurance proceeds paid in connection with casualty damage, but no later than sixty days after damage has occurred, proceed to repair the Property. Repairs will include any improvements made by Landlord or by Tenants with Landlord’s consent, on the same plan and design as existed immediately before the damage occurred, subject to those delays reasonably attributable to governmental restrictions or failure to obtain materials, labor or other causes, whether similar or dissimilar, beyond the control of Landlord. Materials used in repair will be as nearly like original materials as reasonably procured in regular channels of supply. Wherever cause beyond the power of the party affected causes delay, the period of delay will be added to the period in this lease for completion of the work, reconstruction or replacement. D. REDUCTION OF RENT DURING REPAIRS: If a portion of the Premises is unusable for the purpose contemplated hereunder for a period of greater than 5 days, the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by the Landlord based on square footage No rent will be payable while the Premises is wholly unoccupied pending the repair of casualty damage. E. FIRE AND CASUALTY. If the Premises are entirely destroyed by fire or another act of God, and Landlord elects to not rebuild the Premises, then this Agreement shall be terminated effective as of the date of the casualty. SECTION 9. REPAIRS AND MAINTENANCE Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenants shall keep the interior, non-structural portions of the Premises in a clean condition, and in good repair, all according to the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at Tenants’ own expense, and shall yield the same back to Landlord, upon the termination of this Agreement, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness and repair as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Except to the extent any of the following is Landlord’s obligation pursuant to Section 4[A], Tenant shall make all necessary repairs and renewals upon Premises and replace broken fixtures with material of the same size and quality as that broken. If, however, the Premises shall not thus be kept in good repair and in a clean condition by Tenants, as aforesaid, Landlord may enter the same, or by Landlord’s agents, servants or employees, without such entering causing or constituting a termination of this Agreement or an interference with the possession of the Premises by Tenants, and Landlord may replace the same in the same condition of repair and cleanliness as existed at the date of execution hereof, and Tenants agree to pay Landlord, in addition to the rent hereby reserved, the expenses of Landlord in thus replacing the Premises in that condition. Tenants shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 195 of 567 10 Tenants will also be in compliance with all laws and regulations during the entire term of this Agreement, except for repairs required of the Landlord to be made and damage occasioned by fire, hurricane or other causes as provided for in this Agreement. SECTION 10. UTILITIES Landlord agrees to pay before delinquency all charges for gas, water, heat, electricity, power and other similar charges incurred by Landlord or Tenants with respect to the Premises or the Property during the Term of this Agreement and Tenants’ occupancy of the Premises. SECTION 11. TAXES If applicable, Tenants will pay before delinquency all taxes levied on Tenants’ fixtures, equipment and personal property on the demised Premises, whether or not affixed to the real property. Landlord will pay all real estate taxes for the Property. SECTION 12. INSURANCE A. INSURANCE COMPANIES: It is agreed that any policies of insurance to be maintained by the respective parties will be obtained from good and solvent insurance companies. Only companies with an “A” Policyholder’s Rating with the Alfred Best Company will be acceptable. B. TENANT TO OBTAIN LIABILITY INSURANCE: Tenants agree that they will, at their expense, maintain a policy of insurance, written by responsible insurance carriers, approved by Landlord that will insure Tenants against liability for injury to or death of persons or damage to property occurring about the Premises. Landlord will be named as an additional insured. The liability under insurance will be at least $1 million for any one person injured or killed or any one occurrence, $2 million general aggregate coverage for any one accident, and $ 100,000.00 property damage. Tenants will obtain an endorsement and Certificate of Insurance naming the Landlord as an additional insured from Tenants’ carrier (during the term of the Lease, including Premises Improvement construction) and all contractors during the construction of the Premises Improvements and any other renovation or construction at the Premises. Annually, Tenant shall provide copies of the insurance policy and all endorsements thereto to Landlord. Tenant shall send the policy to the Law Department on or before January 1st of every year this Lease is in effect. If the Tenant fails to comply with this requirement, that shall constitute a default by Tenant. C. TENANTS TO OBTAIN WORKER’S COMPENSATION INSURANCE: Tenants agree to maintain employees’ Worker’s Compensation insurance required under Illinois law. D. TENANTS TO OBTAIN INSURANCE ON FIXTURES AND EQUIPMENT: The Tenants agree to maintain on all trade fixtures and personal property in the Premises, a policy of insurance approved by the Landlord of at least 90% of the insurable replacement value of all trade fixtures and personal property. E. LANDLORD TO OBTAIN FIRE INSURANCE ON PREMISES: Landlord agrees to maintain during this Agreement, a policy of property insurance covering any peril generally included in the classification ISO Causes of Loss – Special Form (a “Special Form Policy”) and covering at least 80% of the full replacement cost of the Premises and Property (or Landlord may self-insure for such coverage). If permitted without additional charge, Landlord will cause to 196 of 567 11 be endorsed on its property insurance, and any extended coverage policy or policies, the waiver of right of subrogation. Landlord hereby agrees to waive any claims against Tenant and its agents and employees to the extent the same could be covered by a Special Form Policy, regardless if the same is maintained by the City. F. TENANTS’ WAIVER OF CASUALTY INSURANCE PROCEEDS: If the Premises are damaged by fire or other casualty insured against, Tenants agree to claim no interest in any insurance settlement arising out of any loss where premiums are paid by Landlord, or where Landlord is named as sole beneficiary, and that it will sign all documents required by Landlord or the insurance company necessary in connection with the settlement of any loss. G. CONTROL OF INSURANCE PROCEEDS TO AVOID TAXABLE GAIN: If the Premises, including any improvements, were to be damaged in any manner, and the receipt of any insurance proceeds or other reimbursement for such damage would result in the realization of taxable gain for federal or state purposes, then the party to whom the gain would be taxed will have the right to take all action respecting proceeds or reimbursements necessary to enable party to comply with any regulations of the appropriate taxing authorities, so that the gain will not be recognized for tax purposes. Nothing here will be construed to entitle Landlord to delay any repairs to any part of the improvements in the event of damage. H. TENANTS’ FAILURE TO INSURE: Should Tenants fail to keep in effect and pay for insurance as required by this section, the Landlord may terminate this Lease immediately. SECTION 13. SUBLETTING; ASSIGNMENT The Tenants shall be allowed to sublet a portion of the Premises to another entity or individual(s) (“Sub-Tenant”) for a period of eighty nine (89) days or less in conformance with the original use stated in Section 5[A] and Tenants do not need the Lessor’s consent. If the Tenants seek to sublet a portion of the Premises to a Sub-Tenant for a period of time ninety (90) days or more, then the Tenants must have the written consent of the Landlord and such consent shall not be unreasonably withheld. For all subleases, the Tenants shall obtain a certificate of insurance from the Sub-Tenant prior to commencement of the sublease, naming the City of Evanston as an additional insured for the period of occupancy. If Tenant, or any one or more of the Tenants, if there be more than one, shall make an assignment for the benefit of creditors, or shall file for bankruptcy protection, Landlord may terminate this Agreement, and in such event Tenant shall at once pay Landlord a sum of money equal to the entire amount of rent reserved by this Agreement for the then unexpired portion of the term hereby created less the reasonable rental value (as defined in Section 17[G] below) of the Premises as liquidated damages. At Landlord’s option, should Landlord consent to any assignment or sublease of the demised Premises, Tenant shall nevertheless remain liable for all terms and conditions of this Agreement until the expiration of the Agreement term stated above. SECTION 14. SURRENDER OF PREMISES; HOLDING OVER Tenants will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenants, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenants. On vacating, Tenants will leave the Premises clear of all rubbish and debris. If Tenants retain possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may at its option within thirty days after termination of the term serve written notice upon Tenants that 197 of 567 12 such holding over constitutes the creation of a month to month tenancy, upon the terms of this Agreement. Tenants shall also pay to Landlord all damages sustained by Landlord resulting from retention of possession by Tenants. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. SECTION 15. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES: The Tenants will hold the Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenants on the Premises. Tenant wills, within sixty (60) days after filing of any lien, fully pay and satisfy the lien and reimburse Landlord for all resulting loss and expense, including a reasonable attorney’s fees. Provided, however, in the event that Tenants contest any lien so filed in good faith and pursues an active defense of said lien, Tenants shall not be in default of this paragraph. However, in the event of any final judgment against Tenants regarding such lien, Tenants agree to pay such judgment and satisfy such lien within 60 days of the entry of any such judgment. B. DISCHARGE OF LIEN: If Tenants fail to fully discharge any claim, lien, claim of lien, demand, charge, encumbrance, or litigation, or should proceedings be instituted for the foreclosure of any lien or encumbrance, and if judgment is rendered against Tenants either by a court of competent jurisdiction or by arbitration and Tenants still persists in non-payment of the same within the 60 days set forth above, Landlord will have the right at any time after expiration of the 60-day period, to pay the lien or encumbrance. All amounts so paid will be repaid by the Tenants on demand, together with interest at the rate of __10__% per year from the date of payment and shall be considered additional rent owed to Landlord by Tenants. C. INDEMNIFICATION OF LANDLORD: Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Landlord, or its agents, employees or contractors, or by the breach of this Lease by Landlord, Tenants shall protect, defend, indemnify and save Landlord and its officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Premises, which is not the result of Landlord’s negligence or willful misconduct, or (ii) any negligence or willful misconduct of Tenants, or their agents, employees or contractors. D. INDEMNIFICATION OF TENANTS. Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenants, or its agents, employees or contractors, or by the breach of this Lease by Tenants, Landlord shall protect, defend, indemnify and save Tenants and their officers, directors, agents, attorneys, and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (i) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenants’ negligence, or willful misconduct or (ii) any negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 16. LANDLORD’S RIGHT OF INSPECTION AND REPAIRS Tenants shall allow Landlord or any person authorized by Landlord reasonable access to the Premises during the Business Hours (as defined in Section 3[E]) for the purpose of 198 of 567 13 examining or exhibiting the same, or to make any repairs or alterations thereof which Landlord may see fit to make (provided that Landlord cannot make voluntary alterations or modifications to the Premises without Tenant’s consent). If the Tenants do not exercise the Option to renew the Lease and/or will be vacating the Premises at or prior to the end of the Term, Tenants will also allow Landlord to have placed upon the Premises at all times notices of “For Sale” and/or “For Rent” and Tenants will not interfere with the same. SECTION 17. DEFAULT AND REMEDIES A. EVENT OF DEFAULT: Any one of the following events shall be deemed to be an event of default hereunder by Tenants subject to Tenants’ right to cure: 1. Tenants shall fail to pay any item of Base Rent at the time and place when and where due and does not cure such failure within five (5) business days after Rent is due; 2. Tenants shall fail to maintain the insurance coverage as set forth herein; 3. Tenants shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of rent, and shall not cure, any such failure, within fifteen (15) days after written notice to the Tenants of such failure; 4. Tenants shall make a general assignment the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy; or B. OCCURRENCE OF AN EVENT: Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants’ right to cure: 1. Terminate this Lease, in which event Tenants shall immediately surrender the Premises to Landlord, but if Tenants fail to do so, Landlord may, without further notice and without prejudice to any other remedy Landlord may have for possession or arrearages in rent, or damages for breach of contract, enter upon the Premises and expel or remove and with or without notice of such election or any notice or demand whatsoever, this Agreement shall thereupon terminate and upon the termination of Tenants’ right of possession, as aforesaid, whether this Agreement be terminated or not, Tenants agree to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever and hereby grants to Landlord full and free license to enter into and upon the Premises or any part thereof, to take possession thereof with or (to the extent permitted by law) without process of law, and to expel and to remove Tenants or any other person who may be occupying the Premises or any part thereof, and Landlord may use such force in and about expelling and removing Tenants and other persons as may reasonably be necessary, and Landlord may re-possess itself of the Premises, but such entry of the Premises shall not constitute a trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue thereof, nor a waiver of any covenant, agreement or promise in this Agreement contained to be performed by Tenants. Tenants agree to indemnify Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise. 199 of 567 14 2. Landlord may recover from Tenants upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenants’ obligations hereunder, subject to Landlord prevailing on its claims. 3. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED: No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Agreement unless a written notice is given by the Landlord to the Tenants. The Landlord may terminate this Agreement if the Tenants remain in default (beyond any applicable notice and cure period). The acceptance of rent, whether in a single instance or repeatedly, after it falls due, or after knowledge of any breach hereof by Tenants, or the giving or making of any notice or demand, whether according to any statutory provision or not, or any act or series of acts except written waiver, shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. TENANTS’ OBLIGATION TO PAY DEFICIENCIES: If rentals received by the Landlord from re-letting the Premises under the provisions of this section are insufficient to pay all expenses and amounts due, Tenants will pay any deficiencies to the Landlord on demand and be declared in default for failure to pay. E. LANDLORD’S RIGHT TO PERFORM TENANTS’ DUTIES AT TENANTS’ COST: If in Landlord’s judgment any default by Tenants will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenants’ default and Tenants will reimburse Landlord, with interest, on 10-days’ notice by Landlord to Tenants. F. LANDLORD’S RIGHT TO TERMINATE AGREEMENT: If there is an event of default by Tenants as stated in Paragraph A of this section, Landlord may, without further notice, terminate this Agreement and all interest of Tenants and may take possession of the Premises by legal proceedings. G. LANDLORD’S RIGHT ON TERMINATION TO RECOVER AMOUNT EQUAL TO RENT RESERVED: If this Agreement is terminated by Landlord due to any event of default by Tenants, Landlord will be entitled to recover from Tenants, at termination, the excess, if any, of the rent reserved in this Agreement for the balance of the term over the reasonable rental value of the Premises for the same period. The “reasonable rental value” will be the amount of rental Landlord can obtain as rent for the balance of the term. H. LANDLORD’S REMEDIES CUMULATIVE: All of the remedies given to Landlord in this Agreement or by law are cumulative, and the exercise of one remedy by the Landlord will not impair its right to exercise any other right or remedy. Landlord shall not look to the property or assets of any direct or indirect partner, member, manager, shareholder, director, officer, principal, employee or agent of Tenants in seeking either to enforce Tenants’ obligations under this Agreement or to satisfy a judgment for Tenants’ failure to perform such obligations; and none of such parties shall be personally liable for the performance of Tenants’ obligations under this Agreement. 200 of 567 15 SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION A. NOYES CENTER TENANT’S ASSOCIATION: The Tenants acknowledge and agree that it has the right to be a member of the Noyes Center Tenant’s Association (the “Association”) formed by the tenants of the Property. The Association will provide advisory guidance and opinions to City staff on many issues, including, tenant responsibilities and duties with respect to the Property and its Common Area. The Association is structured to focus on certain tasks and advise the City on issues such as the following examples: (a) Provide answers to general questions about offerings by Noyes tenants and directions to studios; (b) Review requirements for community engagement of tenants as needed and make recommendations to the City for any additions or changes; (c) Review any subleases of tenantsof ninety (90) days duration or more; (d) Review proposed annual operating budget for Center and proposed rental increases; (e) Review annual and five year capital improvement program for Center and make recommendations to City on spending priorities; and (f) Together with the Evanston Arts Council, review applications of new tenants at Noyes and make recommendations to City on spending priorities. B. COMMUNITY ENGAGEMENT: Tenants will develop reasonable set programs (e.g. donated tickets for certain events, community theater events [including use of theater or other portions of the Premises by other not-for-profit organizations, and scholarships) to be a steward for the arts in the community. By May 1, 2015, the Tenants will have an action plan developed to address its community engagement program and review its proposed program in consultation with the City Manager and the NCAC Association. If Tenants do not provide an action plan within the time period provided or provide the community engagement programs established between the parties, the Landlord shall send written notice of default, providing Tenants with 14 (fourteen) days to cure the default. The annual value of the Community Engagement provided by Tenants shall be not less than $[MINIMUM COMMUNITY ENGAGEMENT AMOUNT] for the period between March 1, 2015 through December 31, 2015 (“Minimum Community Engagement”). Any overage provided by Tenants above the Minimum Community Engagement level for either of the prior two (2) years can be applied as a credit to any deficiency for the current calendar year. If Tenants do not provide the Community Engagement by December 31, 2015 as required and does not cure the default within 15 days of written notice, then Tenants shall pay Landlord a fee equal to 15% of the nine month’s rent outlined Section 3[A] ($[INSERT 15% OF 9 MONTHS RENT]) less the value of the Community Engagement provided during the calendar year. SECTION 19. REMOVAL OF OTHER LIENS In event any lien upon Landlord’s title results from any act or neglect of Tenants and Tenants fail to remove said lien within thirty (30) days after Landlord’s notice to do so, Landlord may remove the lien by paying the full amount thereof or otherwise and without any investigation or contest of the validity thereof and Tenants shall pay Landlord upon request the amount paid out by Landlord in such behalf, including Landlord’s costs, expenses and attorney’s fees. If Tenants demonstrate to Landlord that Tenants are contesting the validity of said lien in good faith, then Landlord shall allow Tenants to so contest such lien until either Tenant either abandons such contest or a final verdict is reached in a court of competent jurisdiction. Any amount advanced on behalf of Tenants shall be paid to Landlord by Tenants within 30 days after such advancement is made together with interest at 9% per annum and such amount shall be considered additional rentals (including any overage provided in either of the two [2] immediately preceding years). 201 of 567 16 SECTION 20. REMEDIES NOT EXCLUSIVE The obligation of Tenants to pay the rent reserved hereby during the balance of the term hereof, or during any extension hereof, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenants’ right to possession of the Premises. The Landlord may collect and receive any rent due from Tenants and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Landlord may have by virtue hereof. SECTION 21. EXPENSES OF ENFORCEMENT Tenants, if Landlord is the prevailing party, shall pay upon demand all Landlord’s costs, charges and expenses, including attorney’s fees, agents fees and fees of others retained by Landlord, incurred in enforcing any of the obligations of Tenants under this Agreement, or in any litigation, negotiation or transaction in which Landlord shall, without Landlord’s fault become involved through or on account of any action or omission of Tenants regarding this Agreement. Landlord, if Tenants are the prevailing party, shall pay upon demand all Tenants’ costs, charges and expenses, incurred in enforcing any of the obligations of Landlord under this Agreement, or in any litigation, negotiation or transaction in which Tenant shall, without Tenants’ fault become involved through or on account of any action or omission of Landlord regarding this Agreement. SECTION 22. EMINENT DOMAIN A. MORE THAN 30 PERCENT TAKEN: If 30 percent or more of the Premises are taken for a public or quasi-public use, this Agreement will terminate as of the date of the physical taking, and the Parties will be released from all further liability. B. LESS THAN 30 PERCENT TAKEN: If the taking affects less than 30 percent of the Premises, the Landlord will, with reasonable diligence, proceed at Landlord’s expense to repair the Premises and place them in tenantable condition within 120 days after the date of the actual physical taking. However, if 25% percent or more of the Premises as a whole is taken, the Landlord may elect to terminate this Agreement, notwithstanding that less than 30 percent of the Premises were taken. On termination, the parties will be released from all further liability under this Agreement. C. ABATEMENT OF RENT: During any repair, Tenants will be required to pay only that part of the fixed minimum monthly rental as the area of the tenantable Premises remaining during repairs bears to the entire area leased. On completion of repairs, the fixed minimum monthly rental will be adjusted in proportion to the repaired area, and Tenants will be required to pay the adjusted fixed minimum monthly rental in accordance this Agreement (attributable to the portion of the Premises taken) and the remainder of the fixed minimum monthly rental shall be forever waived and forgiven by Landlord. 202 of 567 17 D. RIGHT TO CONDEMNATION AWARD: Any award made in any condemnation proceeding for the taking of any part of the Premises will be the sole property of Landlord, except that Tenants can make a claim for the unamortized portion of the cost incurred by Tenants for the Premises Improvements. SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION Except as expressly set forth in Section 25, Tenants will not be released from its obligation should their possession of the Premises be interfered with by adoption of any law, ordinance, resolution, regulation or act of any legal or governmental authority. Further, Tenants will not be released by any order of abatement or judgment preventing use of the premises on the ground that the Premises or the business operated there constitutes a legally recognized nuisance. SECTION 24. PEACEFUL ENJOYMENT Landlord covenants and warrants that it is the owner of the Property and Premises, and that Tenants, on payment of rents and performance of the conditions, covenants, and agreements to be performed by it, may enjoy the Premises without interruption or disturbance. Landlord covenants, represents and warrants that there is no mortgage, deed of trust or similar encumbrance affecting the Property, as of the date hereof. SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. SECTION 26. AMENDMENTS TO BE IN WRITING This Agreement may be modified or amended only in writing signed by Landlord and Tenants. It may not be amended or modified by oral agreements between the Parties unless they are in writing duly executed by Landlord and Tenants. SECTION 27. PARTIES BOUND Every provision of this Agreement will bind the parties and their legal representatives. The term “legal representatives” is used in its broadest meaning and includes, in addition to assignees, every person, partnership, corporation or association succeeding to any interest in this Agreement. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 28. NOTICES All notices or demands that either party may need to serve under this Agreement may be served on the other party by mailing a copy by registered or certified mail to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): 203 of 567 18 If to the City: with a copy to: City Manager Corporation Counsel 2100 Ridge Avenue 2100 Ridge Avenue Evanston, IL 60201 Evanston, IL 60201 Fax: 847-448-8083 Fax: 847-448-8093 If to Tenants: [TENANT] 927 Noyes Street Evanston, IL 60201 Service will be deemed complete at the time of the leaving of notice or within 2 days after mailing. In the event that it appears that Tenants are avoiding the service of any notice and is not present at the Premises for a period of more than 14 consecutive days, notices may be served by posting such notice upon the Premises. Notice shall than be deemed effective 5 days after such posting. SECTION 29. MISCELLANEOUS A. Provisions typed on this Agreement and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenants and their respective heirs, legal representatives, successors and assigns. D. The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to excuse or waive the right to the use of another. E. The words “Landlord” and “Tenant” wherever used in this Agreement shall be construed to mean Landlords or Tenants in all cases where there is more than one Landlord or Tenant herein; and the necessary grammatical changes shall be assumed in each case as though full expressed. F. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. G. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld. H. This Agreement may be executed in multiple copies, each of which shall constitute an original. 204 of 567 19 SECTION 30. VENUE AND JURISDICTION The Parties agree the this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be in the Circuit Court of Cook County, Illinois. SECTION 31. FORCE MAJEURE Other than for Landlord’s and Tenantss obligations under this Lease that can be performed by the payment of money, whenever a period of time is herein prescribed for action to be taken by either party hereto, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (i) Acts of God, (ii) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (iii) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (iv) extraordinary scarcity of or industry-wide inability to obtain supplies, parts or employees to furnish such services, or (v) or any cause whatsoever beyond a party’s control. For purposes of this Section 31, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. 205 of 567 20 IN WITNESS WHEREOF, both of said Landlord and Tenants caused this Agreement to be executed as of the date signed by the Landlord. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Date: ____________________ Its: City Manager, Wally Bobkiewicz Tenant: [TENANT], [TENANT DESCRIPTION] By: _________________________________ Its: _________________________________ 206 of 567 21 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY PARCEL 1: BLOCK 1 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART EAST OF THE CENTER LINE OF RIDGE AVENUE OF THE SOUTH ½ OF THE NORTH ½ OF THE SOUTH WEST ¼, AND THAT PART BETWEEN THE WEST LINE OF BLOCK 92 OF THE VILLAGE OF EVANSTON AND THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD OF THE NORTH ½ OF THE NORTH ½ OF THE SOUTH ½ OF THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 2: LOTS 12 TO 21, BOTH INCLUSIVE, IN BLOCK 2 IN TAIT’S SUBDIVISION OF BLOCK 4 OF ORRINGTON ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID TAIT’S SUBDIVISION RECORDED MARCH 8, 1906, AS DOCUMENT NUMBER 3829417, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 12 IN BLOCK 2 IN TAIT’S SUBDIVISION, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 3: LOTS 1, 2, 3 AND 4 IN BLOCK 1 IN A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF LOT 1 AND NORTH OF THE LOTS 2, 3 AND 4 IN SAID BLOCK 1, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 4: LOTS 1, 2, 3, 4 AND THE EAST 19 FEET OF LOT 5 IN BLOCK 2 IN A BURROUGHS’ ADDITION TO EVANSTON, ACCORDING TO THE PLAT OF SAID SUBDIVISION RECORDED APRIL 15, 1893, AS DOCUMENT NUMBER 1850049; TOGETHER WITH THE VACATED 16 FOOT ALLEY LYING EAST OF THE EAST LINE OF LOT 5 AND WEST OF THE WEST LINE OF SAID LOTS 1, 2, 3 AND 4 IN SAID BLOCK 2, ALSO TOGETHER WITH THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 4 IN BLOCK 2, AFORESAID, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 5: THAT PART OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: 207 of 567 22 COMMENCING AT A POINT ON THE NORTH LINE OF NOYES STREET, WHICH IS 323.8 FEET EAST OF THE INTERSECTION OF SAID NORTH LINE OF NOYES STREET WITH THE CENTER LINE OF RIDGE AVENUE; THEN CONTINUING EAST ALONG THE NORTH LINE OF NOYES STREET, 125 FEET; THENCE NORTH 115.5 FEET TO THE SOUTH LINE OF LAND FORMERLY OWNED AND OCCUPIED BY ALONZO BURROUGHS, BEING NOW THE SOUTH LINE OF A. BURROUGHS’ ADDITION TO EVANSTON, A SUBDIVISION OF THAT PART OF LOT 15 AND THE EAST 145.5 FEET OF LOT 16 LYING WEST OF THE CHICAGO, EVANSTON AND LAKE SUPERIOR RAILROAD IN ASSESSOR’S DIVISION, AFORESAID; THENCE WEST ALONG THE LAST DESCRIBED LINE, 125 FEET TO THE EAST LINE OF THE WEST ½ OF SAID LOT 16 (BEING ALSO THE EAST LINE OF FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF THE LOT 16 IN ASSESSOR’S DIVISION, AFORESAID): THENCE SOUTH ALONG THE LAST DESCRIBED LINE, 115.5 FEET TO THE PLACE OF BEGINNING, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 6: LOTS 3 AND 4 IN FOSTER AND KLINE’S ADDITION TO EVANSTON, BEING A SUBDIVISION OF THE WEST ½ OF LOT 16 IN ASSESSOR’S DIVISION OF FRACTIONAL SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PARCEL 7: ALL THAT PART OF VACATED ERVIN COURT LYING SOUTH OF THE SOUTH LINE OF COLFAX STREET AND NORTH OF THE NORTH LINE OF NOYES STREET, SAID ERVIN COURT HAVING BEEN VACATED BY CITY OF EVANSTON ORDINANCE DATED NOVEMBER 23, 1931, AND RECORDED MARCH 23, 1932, AS DOCUMENT NUMBER 11063489, ALL IN THE SOUTH WEST ¼ OF SECTION 07, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Real property address: 927 Noyes, Evanston, Illinois 60201 PIN:11-07-114-027-0000 208 of 567 EXHIBIT B NOYES CULTURAL ARTS CENTER PROPERTY FEES SCHEDULE 209 of 567 Exhibit BJanuary 1, 2014FY 2015FEEDESCRIPTIONNOTESAIR CONDITIONERS & AIR HANDLING UNITS$93.73 Monthly fee for studios ranging between 1-500 sq. ft. " "$125.66Monthly fee for studios ranging over 500 and up to 1,000 sq. ft. " "$156.56Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft. " "$186.43Monthly fee for studios over2,000 sq. ft.KEYS$5.00First two (2) keys to all Leased spaces with a Lessor installed lock are free. KILNSTBA Monthly fee for tabletop models " TBA Monthly fee for floor modelsNOYES GALLERIES$40.00 Hourly rate for all usersPARKING - LOT #51$30.00 Monthly fee for each permit " " "$5.00 Daily fee for each permitSERVICE (UTILITY) FEE$66.00Flat daily rate for all users if Bldg. is occupied other than normal Bldg. hours.STUDIO #106*$20.00 Tenant rate/hourly for performances relative to lease Same rate if Theatre is used " "$20.00 Tenant rate/hourly for all other arts activities relative to lease Same rate if Theatre is used " "$40.00Tenant rate/hourly for reception relative to Lessee's approved activities. " " $42.00 " "$52.00 Non-Tenant Non-for-Profit or Individual rate/hourly for arts related events.• Thanksgiving Day, Thursday, November 26, 2015• Day After Thanksgiving, Friday, November 27, 2015 • Christmas Eve, Thursday, December 24, 2015• Christmas Day, Friday, December 25, 2015• Labor Day, Monday, September 7, 2015• New Year's Day, Wednesday, January 1, 2015• Day Before Fourth of July, Friday, July 3, 2015Non-Tenant Evanston Non-for-Profit or Individual rate/hourly for arts related eventsOBSERVED HOLIDAYS 2015• Dr. Martin Luther King, Jr.'s Birthday, Monday, January 19, 2015• Memorial Day, Monday, May 25, 2015• Fourth of July, Saturday, July 4, 2015LESSEE: ______________DATE:___________ 210 of 567 For City Council meeting of February 9, 2015 Item A10 Ordinance 23-O-15 – Approval of Agreement of M.A.B.A.S. For Introduction 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 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 211 of 567 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 2 212 of 567 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, 213 of 567 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. 214 of 567 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 215 of 567 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 216 of 567 23-O-15 ~5~ EXHIBIT A Addendum to the Mutual Aid Box Alarm System Agreement 217 of 567 218 of 567 219 of 567 220 of 567 221 of 567 222 of 567 223 of 567 224 of 567 225 of 567 226 of 567 227 of 567 228 of 567 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). 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 equivalent to generating a new permit. Building permit staff processes approximately 200 permit reinstatements per year. Memorandum For City Council Meeting of February 9, 2015 Item A11 Ordinance 138-O-14 - Permit Fee Ordinance For Introduction 1 229 of 567 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 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. 2 230 of 567 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. 3 231 of 567 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 4 232 of 567 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. 233 of 567 138-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 234 of 567 138-O-14 ~3~ EXHIBIT A PERMIT FEE SCHEDULE 235 of 567 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 16 236 of 567 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 237 of 567 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 238 of 567 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: 239 of 567 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 $ 365.00 240 of 567 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 $250.00 241 of 567 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 $ 25.00 242 of 567 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. 243 of 567 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 244 of 567 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 $ 12.00 245 of 567 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 $ 45.00 246 of 567 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 $350.00 247 of 567 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). 248 of 567 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: 249 of 567 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 $ 50.00 250 of 567 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. 251 of 567 For City Council meeting of February 9, 2015 Item A12 Ordinance 17-O-15: Commercial Refuse Receptacles For Introduction 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. 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 sanitation.” City of Chicago Municipal Code 7-28-210(b). The City of Elk Grove Memorandum 252 of 567 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 2 253 of 567 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 254 of 567 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 255 of 567 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 256 of 567 For City Council meeting of February 9, 2015 Item A13 Ordinance 15-O-15: Decreasing Class D Liquor License Noyes Street Cafe 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 15-O-15, Decreasing the Number of Class D Liquor Licenses for The Noyes Café, Inc., dba Noyes Street Cafe, 828 Noyes Street Date: January 20, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 15-O-15. Summary: Ordinance 15-O-15 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). The Noyes Café, Inc., dba Noyes Street Cafe (“Company”), 828 Noyes Street, is no longer open at this location and therefore does not require a Class D liquor license. This “housekeeping” ordinance amends the City Code to reflect the decrease in Class D liquor licenses. ------------------------------------------------------------------------------------- Attachments: Ordinance 15-O-15 Memorandum 257 of 567 1/20/2015 15-O-15 AN ORDINANCE Amending City Code Section 3-4-6-(D) to Decrease the Number of Class D Liquor Licenses from Fifty-One to Fifty (The Noyes Café, Inc., d/b/a “Noyes Street Cafe ”, 828 Noyes Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class D liquor licenses from fifty-one (51) to fifty (50) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding class D licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal 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 $2,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $2,940.00. No more than fifty-one (51)fifty (50) such licenses shall be in force at any one (1) time. 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 258 of 567 15-O-15 ~2~ 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. Introduced: _________________, 2015 Adopted: ___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 259 of 567 For City Council meeting of February 9, 2015 Item A14 Ordinance 16-O-15: Amending C Liquor License – Sunday hours For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 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. 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 260 of 567 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 261 of 567 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 262 of 567 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. 263 of 567 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 264 of 567 For City Council meeting of February 9, 2015 Item A15 Ordinance 150-O-14: Liquor Control Code Regulations 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 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. 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 265 of 567 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. 266 of 567 150-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 267 of 567 150-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:. 268 of 567 150-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. 269 of 567 150-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.— 270 of 567 150-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. 271 of 567 150-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.—2/3 272 of 567 150-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. 273 of 567 150-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 274 of 567 150-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. 275 of 567 150-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. 276 of 567 150-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 277 of 567 150-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). 278 of 567 150-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). 279 of 567 150-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 280 of 567 150-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. 281 of 567 150-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. 282 of 567 150-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. 283 of 567 150-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. 284 of 567 150-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, 285 of 567 150-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 286 of 567 150-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. 287 of 567 150-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. 288 of 567 150-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 289 of 567 150-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. 290 of 567 150-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. 291 of 567 150-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. 292 of 567 150-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 293 of 567 150-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. 294 of 567 150-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. 295 of 567 150-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 296 of 567 150-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: 297 of 567 150-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 298 of 567 150-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 299 of 567 150-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 300 of 567 150-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. 301 of 567 150-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. 302 of 567 150-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. 303 of 567 150-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. 304 of 567 150-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 305 of 567 For Council Meeting of February 9, 2015 Item A16 Ordinance 149-O-14: Amending the Water Supply Contract For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Ordinance 149-O-14 Amending the Water Supply Contract with the Northwest Water Commission Date: January 5, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 149-O-14 authorizing the City Manager to execute Amendment No. 2 to the Amended and Restated Water Supply Contract between the Northwest Water Commission and the City of Evanston. The proposed amendment provides language that would allow Evanston to feed two chemicals directly into the Commission’s pipeline This ordinance was introduced at the January 26, 2014 City Council meeting. . Background: In accordance with the current water supply contract, Evanston provides water to the Commission that meets or exceeds all water quality standards at the point of delivery. However it has been determined that modifying the feed point location of two chemicals, fluoride and ortho-polyphosphate, after the point of delivery would improve the treatment process and result in some financial savings. The existing fluoride feed point is located at the front end of the treatment process, into the flash mix basin. As a result, some of the fluoride chemical is lost during the flocculation and sedimentation process. Due to the uncertainty of the quantity of the chemical that will be lost, fluoride is slightly overfed to make sure that the fluoride residual in the finished water is in compliance with State regulations. Moving the fluoride feed point to the end of the treatment process will result in a cost savings for the fluoride lost during the treatment process. It will also allow staff to more accurately maintain an appropriate fluoride residual. Having the ability to accurately maintain an appropriate fluoride residual could have a significant impact if the State reduces the range for fluoride compliance to a level of 0.6-0.8 mg/l. Phosphate is currently fed into the treatment process as the water leaves the clearwells prior to high lift pumping. This feed point does not provide efficient mixing of the Memorandum 306 of 567 chemical. There have been periods when the phosphate residual has been difficult to maintain based on different high lift pump combinations being utilized. Analysis: Staff requested a modification of the contract language to allow the quality of water standards to be met at the point of delivery, or at such other point(s) as may be approved by the Commission and Evanston. Staff and the Commission are still working out the specific design details to implement the new chemical feed points, but execution of this amendment will allow for the modification to occur. Legislative History: Evanston and the Commission entered into the original Water Supply Contract on March 4, 1981. Evanston and the Commission executed the Amended and Restated Water Supply Contract on April 27, 1995. Council approved Resolution 54-R-08, authorizing the City Manager to execute Amendment No. 1 to the Amended and Restated Water Supply, on September 22, 2008. Attachments Ordinance 149-O-14 307 of 567 12/31/2014 149-O-14 AN ORDINANCE Authorizing the City Manager to Approve and Execute Amendment No. 2 to the Amended and Restated Water Supply Contract Between the Northwest Water Commission and the City of Evanston WHEREAS, the City of Evanston (“City”) entered into a Water Supply Contract with the Northwest Water Commission (“Commission”) in 1981 for the purpose of providing a supply of potable water to the Commission; and WHEREAS, the City and the Commission entered into an Amended and Restated Water Supply Contract (“Restated Contract”) to clarify and supplement the original contract; and WHEREAS, in 2008, the City and the Commission approved Amendment No. 1 to the Restated Contract. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to execute Amendment No. 2 to Amended and Restated Water Supply Contract Between the Northwest Water Commission and the City of Evanston (“Amendment”) by and between the City and the Commission, attached hereto as Exhibit “A” and incorporated herein by reference is the Amendment. 308 of 567 149-O-14 ~2~ SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Amendment as he may determine to be in the best interests of the City. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 309 of 567 149-O-14 ~3~ EXHIBIT A AMENDMENT NO. 2 TO AMENDED AND RESTATED WATER SUPPLY CONTRACT BETWEEN THE NORTHWEST WATER COMMISSION AND THE CITY OF EVANSTON 310 of 567 311 of 567 312 of 567 For City Council Meeting of February 9, 2014 Item A17 Ordinance 10-O-15: Amending the City of Evanston Plumbing Code For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee (A&PW) From: Mark Muenzer, Director of Community Development Gary Gerdes, Building & Inspection Services Division Manager Subject: Ordinance 10-O-15: Amending City Code Title 4, Chapter 5, “Plumbing Code” Date: January 14, 2015 Recommended Action Staff recommends City Council adoption of Ordinance 10-O-15: Amending City Code Title 4, Chapter 5, “Plumbing Code.” This ordinance was introduced at the January 26, 2014 City Council meeting. Background The power to promulgate a minimum plumbing code of standards and the power to regulate and license plumbers is exercised by the Illinois Department of Public Health (“IDPH”) and may not be authorized by any unit of local government, including home rule units. The Illinois Plumbing Code (“IPC”) was updated in April 2014. The adoption of Ordinance 10-O-15 would be the approval of that latest edition in conformance with State law. This measure would adopt the IPC in its current form, without modification. IDPH requires all municipalities to adopt the most current IPC with the intent to create uniformity across the plumbing trade so contractors are not confronted with different code requirements in different municipalities. The 2014 Illinois Plumbing Code can be found at the following link: http://www.ilga.gov/commission/jcar/admincode/077/07700890sections.html Summary The Community Development Department plans to enforce the current IPC consistent with applicable law. The latest version of the IPC essentially eliminates any IPC amendments enforced by municipalities that had not been previously approved by the IDPH. Future amendments can be submitted to the IDPH for review and approval but must be supported by scientific or technical documentation to justify the amendment. Attachments Ordinance 10-O-15 Memorandum 313 of 567 1/14/2015 10-O-15 AN ORDINANCE Amending City Code Title 4, Chapter 5, “Plumbing Code” WHEREAS, the City Evanston may regulate against various nuisances and public offenses under the Illinois Municipal Code, and as a home rule entity, legislate to protect the health, welfare and safety of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers; and WHEREAS, the City Council of the City of Evanston considers it in the public interest to update its Plumbing Code to reflect the updated changes from the State of Illinois Department of Public Health’s Illinois Plumbing Code , ILL. ADMIN. CODE tit. 77 § 890 (2014), and in conformance with all applicable laws, as its standard requirements of plumbing in the City of Evanston; and WHEREAS, at meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, made findings; and 314 of 567 10-O-15 2 WHEREAS, it is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747 (2nd Dist. 1991)) and is not subject to courtroom fact-finding (see People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003)); and WHEREAS, these revisions to Title 4 of the Evanston City Code of 2012, as amended (the “Plumbing Code”), are intended to reflect the City’s conformance to the State’s requirement of adopting the Illinois Plumbing Code, NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Section 4-5-1 of the Plumbing Code, “Adoption,” is hereby further amended to read as follows: 4-5-1. - ADOPTION. (A) Pursuant to the authority granted by 65 ILCS 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference the 20142 Illinois Plumbing CodeInternational Plumbing Code, ILL. ADMIN. CODE tit. 77 § 890 (2014), with the additions, deletions, exceptions, and other amendments set forth in this Chapter. All advisory or text notes, other than the rules and regulations contained in the 2012 Plumbing Code adopted hereby, are expressly excluded from this Chapter. (B) Any reference in the 20142 Illinois Plumbing CodeInternational Plumbing Code to "Administrative AuthorityAuthorities Having Jurisdiction" or "Building Official" shall refer to the City's Manager of Building and Inspection Services. Any reference to "municipality" shall mean the City of Evanston. (C) In the event that any provision of the 2012 International Plumbing Code adopted hereby is in conflict with any provision(s) of the City Code, the more/most stringent shall control. SECTION 2: Section 4-5-2 of the Plumbing Code, “Amendments,” is hereby further amended to read as follows: 315 of 567 10-O-15 3 4-5-2. - AMENDMENTS. Means of Appeal: This Section shall be deleted in its entirety from the 2012 International Plumbing Code, adopted hereby. SECTION 3: Section 4-5-3 of the Plumbing Code, “Additional Requirements,” is hereby further amended to read as follows: 4-5-3. - ADDITIONAL REQUIREMENTS. The following are requirements additional to the 20142 Illinois Plumbing Code. In the event that any provision of City Code Section 4-5-3 is in conflict with the 2014 Illinois Plumbing Code, as amended, the 2014 Illinois Plumbing Code shall prevail.International Plumbing Code: (A) Existing Plumbing: Where a health or safety hazard exists by reason of an existing plumbing installation, or lack thereof, the owner's agent shall install additional plumbing or make such corrections as are necessary to abate such nuisance and bring the plumbing installation within the provisions of this Code. Plumbing fixtures not maintained shall be disconnected, removed, and sealed. (B) Safety: Any part of a structure or premises which is changed, altered, or for which replacement is required as a result of the installation, alteration, renovation, or replacement of a plumbing system, or any part thereof, shall be left in a safe, nonhazardous condition. All penetrations through fire rated construction shall be fire stopped with a through penetration protection system approved by the Building Official. (C) Installation: All plumbing installed within the City of Evanston shall be installed in accordance with the 20142 Illinois Plumbing CodeInternational Plumbing Code. If required by the Code Official, an approved backflow prevention device is necessary for the safety of the public water supply system, the Utilities Director will give notice to the property owner or person in charge (collectively, "property owner") of the building structure or premises to install such an approved device immediately. The property owner shall, at his/her own expense, immediately install such an approved device at a location and in a manner in accordance with the 2012 International Plumbing Code; State of2014 Illinois Plumbing Code; Illinois Environmental Agency Rules and Regulations, Title 35: Environmental Protection, Subtitle F: Public Water Supply, Chapter I: Pollution Control Board, Part 607: Operation and Record Keeping, Section 607.104: Cross Connections; and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and annually thereafter, at a minimum. The property owner shall maintain records to document that testing, servicing, and repairs are conducted as required. 316 of 567 10-O-15 4 (D) Right Of Entry: A City inspector, who shall be a licensed plumber, shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City for the purpose of verifying information submitted by the property owner or person in charge of the building, structure, or premises regarding the required cross connection control inspection. On demand, the property owner or person in charge of the building, structure, or premises so served shall furnish to the Code Official, his/her authorized agent, or approved cross connection control device inspector any information which these individuals may request regarding the piping system or systems or water use on such property. The Code Official or his/her authorized agents shall have a right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the City for the purpose of verifying information submitted by the property owner or person in charge of the building, structure, or premises regarding the required cross connection inspection. (E) Contamination: The occupant or property owner of the building, structure, or premises responsible for back siphoned material or contamination of the potable water supply system which occurs through an illegal cross connection or an improperly installed, maintained, or repaired device, or a device which has been bypassed, must bear the cost of cleanup of the potable water supply system. Said costs to include, but not be limited to, overhead and administrative costs of the City and any other costs reasonably incurred by the City in the cleanup. (F) Discharge to Sanitary Drainage System: Every plumbing fixture, drain, appliance, or appurtenance thereof which is to receive water or waste, or discharge any liquid wastes or sewage, shall discharge to the sanitary drainage system of the structure in accordance with the requirements of this Chapter. Building drains shall be constructed of either service weight cast iron or Schedule 40 PVC pipe and fittings the minimum pipe size for below ground drainage shall be four inches (4"). Underground piping shall be laid on a firm bed of sand or gravel for its entire length, except where support is otherwise provided and approved by a City Plumbing Inspector. Six inches (6") of compacted stone, sand, or other approved material shall be provided under pipe and minimum of twelve inches (12") of stone or sand shall be provided above the crown of the pipe. The remaining soil fill shall be compacted in compliance with Metropolitan Water Reclamation District bedding regulations. The transition between the building drain and the building sewer shall be made with either ductile iron or extra heavy cast iron pipe extending from inside the building foundation wall to a minimum of five feet (5') past the outside of the foundation wall. (G) Automatic Clothes Washing Machine Floor Drains: A pan or receptor with a drain, or an impervious floor with a floor drain, shall be required for all automatic clothes washing machines in multi-family and commercial 317 of 567 10-O-15 5 occupancies. Also, a pan or receptor with a drain, or an impervious floor with a floor drain, shall be required for all water heaters. (H) Underground Piping: Piping installed in underground plumbing systems shall be protected from structural damage by an approved method of installation which accounts for the conditions of the installation and application and the type of piping material. In new construction, all plumbing shall be overhead. Footings, grade beams and/or foundation walls shall be properly sleeved or cored in compliance with a design from a licensed design professional to accommodate for the proper installation of the buildings plumbing system. (I) Sillcocks: All buildings have a minimum of two (2) frost-proof, anti-siphon type sillcocks. (J) Public Toilet Room Drains: All public toilet rooms, including employee facilities, shall be graded into floor drains. (K) Unmaintained Plumbing Fixtures: All plumbing fixtures not maintained shall be disconnected, removed, and sealed. (L) Corrosion: Pipes subject to corrosion by passing through or under corrosive fill including, but not limited to, cinders, concrete or other corrosive material, shall be protected against external corrosion by a protective coating, wrapping, or other means that will resist such corrosion. All copper pipe shall be adequately protected against galvanic action by proper insulation against contact with other metals. (M) Freezing: Water service piping shall be installed below recorded frost penetration, but not less than five feet, zero inches (5'0") below grade. Plumbing piping in any exterior building walls or in any areas subjected to freezing temperatures shall be protected against freezing by insulation or heat or both. (NL) Sewer Depth: Building sewers shall be a minimum of four feet, zero inches (4'0") below grade. (O) Water Service Pipe: The water service pipe extending from the City distribution system to the building shall be sufficient in size to provide an adequate flow of water to meet the requirement of the entire building during peak demand. The minimum size for the new water service shall be one inch (1") copper pipe. Irrigation system load values shall be included in the calculations. New water service lines shall be continuous from the corporation stop to the curb stop with no splices or fittings. All water service pipe or underground distribution pipe to be ductile iron, cast iron, or type K copper tube. Water service piping shall terminate within five feet (5') of a structure's interior foundation wall. 318 of 567 10-O-15 6 (P) Water Distribution, Waste, and Vent Pipe: All water distribution pipes shall be metallic. Nonmetallic pipe is prohibited. Copper pipe must be type L or type M. All main or branch soil, waste and vent pipes within a building shall be of cast iron, galvanized steel, galvanized wrought iron, Type M copper, or PVC Schedule 40 above grade or floor. All PVC piping shall be joined by manufacturers fitting and couplings only. PVC primer shall be purple, clear primer is not permitted. No cellular core PVC pipe shall be allowed. No-hub cast iron pipe, fittings and couplings shall be for above-ground use only. (Q) Building Sewer Pipe: Building sewer pipe, in a separate trench from the water service, shall be limited to cast iron, concrete, vitrified clay tile, plastic pipe (type SDR 26 only), or ductile iron pipe. The building (house) drain is to be cast iron with rubber gasket joints or lead and oakum joints, or in cases of corrosive waste or soil conditions, use polypropylene pipe (PVC) or polyvinyl chloride pipe and fittings, for a minimum distance of five feet, zero inches (5'0") from the foundation (building) wall. (R) Building Sewer Pipe in Trench with Water Service: Where the building sewer is installed in the same trench as the water service, the building sewer pipe shall conform to one of the standards for cast iron pipe, copper, or copper alloy tubing, or PVC plastic pipe listed in Section 890, Appendix A, Table A, of the State of Illinois Plumbing Code. No cell core plastic pipe shall be permitted. (SM) Subsoil Drain Pipe: Subsoil drains shall be open jointed, horizontally split or perforated pipe. Footing drains to be connected to the sump pump as discharge shall be made to storm or combination sewers, and not to sanitary sewers. All windows wells require drains. The drains shall be connected to drain tile, and drain into sump. (TN) Roof Drains: Roof drains shall conform to ASME A112.21.2. Buildings in R1, R2 and R3 zoning districts, and all one- and two-family dwelling units shall drain roof stormwater by gutters and downspouts to the front and rear of the property in a manner which will not disturb adjoining property. No connections to the combined sewer shall be made in the above zoning districts. All roofs of buildings not mentioned above may drain directly in the storm sewer system. (UO) Car Wash Facilities: Unless designed to use thirty (30) gallons or less of water per wash, new car wash facilities or replacement of existing facilities shall be equipped with water recycling systems. (VP) Reduced Pressure Principle Backflow Preventers: A reduced pressure principle backflow prevention assembly (RPZ) shall be installed in the water service supplying food service, manufacturing or production establishments. RPZ's shall conform to ASSE 1013, 1047 AWWA C511 or CSA CAN/CSA- 319 of 567 10-O-15 7 B64.4. These devices shall be allowed where subject to continuous pressure conditions. The relief opening shall discharge by air gap and shall be prevented from being submerged. All domestic and fire suppression water systems located within one thousand, seven hundred feet (1,700') of a nonpotable water source and all fire safety systems that contain such additives as antifreeze shall be equipped with a reduced pressure principle backflow preventer (RPZ). (W) Sub-Slab and Sub-Cellar Plumbing: 1. Building Drains: Building drains shall be constructed of ductile iron or extra heavy cast iron minimum, and transitions to uncommon material shall be through a lead and oakum type joint. Where plumbing must pass through a footing, grade beam or foundation wall not inclusive of the building drain, it shall be through a sleeve of building drain-quality materials or through a cored hole which is approved by licensed design professional. 2. Cast Iron: Cast iron may be used for sub-slab and sub-cellar plumbing provided it is of at least minimum service weight. 3. PVC: PVC may be used for sub-slab and sub-cellar plumbing, except building drains, provided that: a. It is bedded with no less than six inches (6") of self-compacting gravel at the time of inspection; and b. Sanitary and storm distribution and lateral PVC plumbing shall be constructed of Schedule 40 PVC with solvent type welds. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. 320 of 567 10-O-15 8 SECTION 6: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 7: That this Ordinance 10-O-15 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: _________________________, 2015 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 321 of 567 For City Council meeting of February 9, 2015 Item A1 8 Ordinance 2-O-15: Real Estate Sales Contract for 629-631 Howard Street For 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 2-O-15, Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of Certain City-Owned Real Property at 629- 631 Howard Street to Ward Eight, LLC Date: January 14, 2015 Recommended Action: Staff recommends City Council adoption of Ordinance 2-O-15, “Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of Certain City-Owned Real Property Located at 629-631 Howard Street, Evanston, Illinois.” A two-thirds majority of City Council is required to adopt Ordinance 2-O-15. This ordinance was introduced at the January 26, 2014 City Council meeting. Summary: In March 2012, the City of Evanston executed a lease-to-own agreement with Anne Carlson and Cody Modeer to lease and ultimately purchase (at a later date) City-owned property located at 629-631 Howard Street. The purchase and lease of the property is part of an ongoing effort to revitalize and reinvest in the Howard Street corridor through the use of the Howard/Ridge Tax Increment Financing District. A clause of the lease-to- own agreement provides that Mr. Modeer and Ms. Carlson must exercise the option to purchase at the end of the third year of the lease; end of third year of the lease is March 2015. On December 29, 2014, Ms. Carlson provided notice to the City that they would like to exercise the option to purchase the property as articulated in the agreement with the City. On January 12, 2015, City Council adopted Ordinance 1-O-15, “Authorizing the City Manager to Negotiate the Sale of City-Owned Real Property at 629-631 Howard Street, Evanston, Illinois”. Mr. Modeer and Ms. Carlson have not missed any rental payments from March 2012 to the present. As a result, the total rent paid is $48,472. This total amount will be credited toward the sale of the property. All rental income generated from March 2012 until present would be credited toward the ultimate purchase price; agreed upon initial Memorandum 322 of 567 purchase price in the agreement is $362,650, therefore purchase price will be $314,178. If approved, closing will be scheduled for late February or early March and the price may be adjusted to reflect any additional rent paid between now and that time. In accordance with City Code, public notice for the negotiation of this sale was published on January 8, 2015 in the Evanston Review (Pioneer Press). Public notice of the sale is required to be published at least once in a daily or weekly newspaper in general circulation in the City. The public notice must be published not less than 15 days and no more than 30 days prior to the date by which the City will consider the adoption of the ordinance for the sale of the property. Background: In 2012, Ms. Carlson and Mr. Modeer converted two vacant ground floor commercial spaces into a single commercial space that is occupied by a cocktail lounge and restaurant. Two residential units were rehabilitated by the City on the upper two floors at affordable rental rates; both units are currently rented and Mr. Modeer and Ms. Carlson have rented one of these units since June 2012. Attachments: Ordinance 2-O-15 Copy of Sales Contract for 629-631 Howard Street Copy of Executed Lease-to-Own Agreement for 629-631 Howard Street 323 of 567 1/14/2014 2-O-15 AN ORDINANCE Authorizing the City Manager to Enter into a Real Estate Contract for the Sale of the Certain City-Owned Real Property at 629-631 Howard Street, Evanston, Illinois to Ward Eight, LLC THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Legislative Statement. At the time of passage of this ordinance, the City of Evanston owns real property with a real property address of 629-631 Howard Street, Evanston, Illinois, legally described in Exhibit A attached hereto and incorporated herein by reference (the “Subject Property”). The City Council of the City of Evanston determine that ownership of the three- story building which contains a commercial business on the first floor and two residential units on the remaining two floors at the Subject Property is no longer necessary, appropriate, required, or in the best interest of the City of Evanston. The City Council determined that the best interest of the City of Evanston would be served by the sale of the Subject Property to the City’s commercial tenant, Ward Eight, LLC, an Illinois limited liability company. On February 27, 2012, the City Council adopted Ordinance 26-O-12 authorizing a 5-year lease agreement with Ward Eight and granted an option to purchase the Subject Property and Ward Eight wishes to exercise this option. 324 of 567 2-O-15 ~2~ Pursuant to Ordinance 1-O-15, the City Council, by a vote of two-thirds (2/3) of the elected Aldermen then holding office directed that the Subject Property be sold by negotiation on behalf of the City. Negotiations commenced and concluded. The City Manager recommends that a sale between the City of Evanston as Seller, and Ward Eight, LLC as Buyer, be hereby accepted by the City Council for the aforesaid Property legally described in Exhibit A. The City Council finds and determines that the best interests of the City of Evanston and its residents will be served by conveying the aforesaid Subject Property to Ward Eight, LLC on terms consistent with the Agreement for Purchase and Sale of Real Estate and in a form acceptable to the Corporation Counsel prior to execution, the proposed agreement is attached as Exhibit B and incorporated herein by reference (hereinafter, the “Agreement”). SECTION 2: That the negotiated sale of the Subject Property to Ward Eight, LLC, as Buyer is hereby accepted by the City Council of the City of Evanston for the real Property legally described in Exhibit A and commonly known as 629-631 Howard Street, Evanston, Illinois. SECTION 3: The City Manager is hereby authorized and directed to sign the real estate sale agreement after it is in form acceptable to the Corporation Counsel, and the City Clerk is hereby authorized and directed to attest, the Agreement for Purchase and Sale of Real Estate in Exhibit B, pursuant to the terms of which the Property shall be conveyed. The City Manager is further authorized to negotiate any changes or additional terms and conditions with respect to the sale of the aforesaid Property as the City Manager may deem fit and proper. 325 of 567 2-O-15 ~3~ SECTION 4: The City Manager and the City Clerk, respectively, are hereby authorized and directed to execute, attest, and delivery such other documents, agreements, and certificates as may be necessary to the sale herein authorized, which are in a form acceptable to the Corporation Counsel. SECTION 5: Pursuant to Subsection 1-17-4-2-(B) of the Evanston City Code, 2012, as amended (the “City Code”), an affirmative vote of two-thirds (⅔) of the elected Aldermen is required to accept the recommendation of the City Manager on the negotiation authorized herein. The City reserves the right to reject any and all negotiations. SECTION 6: Pursuant to City Code Subsection 1-17-4-2-(B)-3, Notice of Intent to Sell and Lease Certain Real Estate was published in the Sun Times, a newspaper in general circulation in the City, on January 8, 2015. Said publication was neither less than fifteen (15) nor more than thirty (30) days before the date on which the City Council considered adoption of this ordinance authorizing the City Manager to execute a sales contract as the result of a negotiated sale. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 8: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 9: If any provision of this Ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be 326 of 567 2-O-15 ~4~ given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 10: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Ayes: ______________ Nays: ______________ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 327 of 567 2-O-15 ~5~ EXHIBIT A LEGAL DESCRIPTION LOT 6 AND THE EAST 0.62 FEET OF LOT 5 IN BLOCK 1 IN NILES HOWARD TERMINAL ADDITIONAL, BEING A SUBDIVISION OF THE SOUTH 6.25 CHAINS (412 ½ FEET) OF THAT PART OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILROAD IN COOK COUNTY, ILLINOIS. Real property address: 629-631 Howard Street, Evanston, Illinois 60202 PIN: 11-30-209-024-0000 328 of 567 2-O-15 ~6~ EXHIBIT B REAL ESTATE PURCHASE AND SALE AGREEMENT 329 of 567 6786978_2 REAL ESTATE CONTRACT THIS REAL ESTATE CONTRACT (“Contract”) is entered into as of the ___ day of December, 2014 (“Effective Date”), by and between the City of Evanston, an Illinois municipal corporation (“Seller”) and Ward Eight, LLC, an Illinois limited liability company. The Seller and Buyer shall be referred to herein collectively as the “Parties”. In consideration of the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: 1. Property. Seller hereby agrees to convey to Buyer and Buyer hereby agrees to purchase from Seller all of Seller’s interest in the real property described on Exhibit A attached hereto and all improvements located thereon and all appurtenances thereto (the “Realty”), and Seller’s interest, if any, in the personal property described on Exhibit B attached hereto (the “Personalty”). The Realty and Personalty are sometimes collectively referred to herein as the “Property”. The Realty has a street address of 629-631 Howard Street, Illinois 60202 and the leased by the Buyer from the Seller per Commercial Lease and Option Agreement dated March 15, 2012 (the “Lease”). 2. Purchase Price. The purchase price for the Property is Three Hundred Sixty- Two Thousand Six Hundred Fifty and no/100 Dollars ($362,650.00) (“Purchase Price”) and shall be paid as follows: (a) The Buyer will pay the January and February rent per the Lease agreement as earnest money for this transaction. The Earnest Money will be used as a credit at Closing and non-refundable if the Closing between the Parties under this Contract does not occur; and (b) The entire Purchase Price, subject to closing prorations and credits for rent paid during the Lease Term per the aforementioned Lease shall be paid to Seller in cash by wire transfer of immediately available funds at the Closing. 3. Seller’s Representation and Warranty. Seller hereby warrants and represents to Buyer that Seller has the authority necessary to enter into this Contract and comply with Seller’s obligations hereunder. The representation and warranty made by Seller in this Section 3 shall be true as of the Closing Date (as defined below) hereof and shall survive the Closing of this transaction for a period of one (1) year. 4. Survey Contingency. Buyer, at its sole expense, shall obtain a survey (the “Survey”) of the Realty prepared by a land surveying company registered in the same state as the Realty. If Buyer elects to obtain a Survey, Buyer agrees to (i) have such Survey certified to the Title Company and to the Seller, and (ii) provide Seller with a copy of such Survey. Buyer shall have three (3) days from the Effective Date to obtain and deliver to Seller a copy of the Survey and, in writing any objection to a matter shown on the Survey which materially affects the Realty or Buyer’s intended use of the Realty (“Survey Objections”). If within such three (3) day period, 330 of 567 6786978_2 2 Buyer fails to (a) obtain and deliver a copy of the Survey to Seller, and/or (b) deliver written notice of Survey Objections to Seller, then Buyer is deemed to have waived all rights to object to, is deemed to have approved, and shall accept title to the Realty subject to, any matters shown on the Survey. If within such three (3) day period, Buyer obtains and delivers a copy of the Survey to Seller and delivers written notice of Survey Objections to Seller, Seller shall have five (5) business days after receipt of Buyer’s objection notice to notify Buyer in writing what, if anything, Seller agrees to do to cure such Survey Objections. Failure of Seller to respond within said five (5) business day period shall indicate that Seller elects not to cure the Survey Objections. Seller shall have no obligation to cure any Survey Objections or incur any expense with respect thereto. Upon receipt of notice from Seller indicating that Seller elects not to pursue a cure of any Survey Objection, Buyer shall have two (2) business days after delivery of such notice from Seller to deliver notice to Seller terminating this Contract, in which event the earnest money shall be disbursed to Buyer and the parties shall have no further obligations hereunder except those provisions that expressly survive. If Buyer does not terminate this Contract pursuant to the immediately preceding sentence within said two (2) business day period, then Buyer is deemed to have waived all rights to object to, is deemed to have approved, and shall accept title to the Realty subject to such uncured Survey Objection(s). If Seller pursues a cure and is unable to cure the Survey Objections by the Closing Date, then Buyer shall have the option, as its sole right, to either terminate this Contract on the Closing Date (in which event the earnest money shall be disbursed to Buyer and the parties shall have no further obligations hereunder except those provisions that expressly survive), or close on the purchase of the Property with no Purchase Price reduction, in which case Buyer is deemed to have approved any uncured Survey Objections and waived any rights against Seller relating thereto. 5. Title Contingency. Promptly after the Effective Date, Seller shall deliver or cause to be delivered to Buyer a current commitment (the “Commitment”) for an owner’s title insurance policy for the Realty issued by a title agent selected by Seller using a nationally recognized title insurance underwriter (the “Title Company”). Buyer shall have five (5) business days after receipt of the Commitment to deliver to Seller in writing any objection to a matter shown on the Commitment which materially affects the Realty or Buyer’s use of the Realty (“Title Objections”). If Buyer fails to deliver notice of Title Obje ctions to Seller within said five (5) business day period, Buyer shall be deemed to have fully accepted the Commitment and all matters disclosed therein. If Buyer delivers notice of Title Objections to Seller within said five (5) business day period, Seller shall have ten (10) days after receipt of Buyer’s objection notice (the “Title Cure Period”) to notify Buyer in writing what, if anything, Seller agrees to do to cure the Title Objections. Failure of Seller to respond within the Title Cure Period shall indicate that Seller elects not to cure the Title Objections. Seller shall have no obligation to cure any Title Objection or incur any expense with respect thereto. If Seller elects not to cure one or more of the Title Objections, as Buyer’s sole right, Buyer shall have two (2) business days after the end of the Title Cure Period to deliver notice to Seller terminating this Contract, in which event the earnest money shall be disbursed to Buyer and the parties shall have no further obligations hereunder except those provisions that expressly survive. If Buyer does not terminate this Contract during said two business day period, Buyer is deemed to have accepted any uncured Title Objections. If Seller pursues a cure and is unable to cure a Title Objection by the Closing Date, then Buyer shall have the option, as its sole right, to either terminate this Contract (in which event the earnest money shall be disbursed to Buyer and the parties shall have no further obligations hereunder except those provisions that expressly survive), or close on the purchase of 331 of 567 6786978_2 3 the Realty with no Purchase Price reduction, in which case Buyer is deemed to have accepted any uncured Title Objections and waived any rights against Seller relating thereto. Buyer shall make its election under the immediately preceding sentence within one (1) business day after Seller notifies Buyer that it was unable to cure one or more Title Objections If Buyer does not terminate this Contract during said one (1) business day period, Buyer is deemed to have accepted any uncured Title Objections. Notwithstanding anything to the contrary herein, the following matters shall be deemed “Permitted Exceptions” and Buyer shall have no right to object to any of said matters on the Commitment or Survey: (a) municipal and zoning ordinances and agreements entered under them, agreements with any municipality regarding the development of the Property, building and use restrictions and covenants, and State and/or Federal statutes and regulations; (b) recorded easements for the distribution of utility and municipal services; (c) property taxes and special assessments levied in the year of closing and subsequent years; (d) such other matters disclosed by the Survey, which are not objected to by Buyer within the three (3) day period described in Section 4 above, or are waived or approved or deemed waived or approved by Buyer pursuant to Section 4 above, or if Buyer does not obtain and deliver a copy of the survey to Seller within the 7 -day period described in Section 4 above, then any matters that would be shown on a current accurate and complete survey; (e) such other matters as disclosed by the Commitment and waived or accepted or deemed waived or accepted by Buyer pursuant to this Section 5; (f) the standard or general exceptions contained in the Commitment; and (g) acts done or suffered to be done by Buyer or its affiliates or anyone claiming by, through or under Buyer or its affiliates. Buyer’s obligation to purchase the Realty is conditioned upon the Title Company being prepared to issue, at Closing, a current, standard owner’s title insurance policy (or a marked-up and binding commitment therefor), without extended coverage over the printed standard or general exceptions, in the amount of the Purchase Price allocated to the Realty insuring Buyer as the fee simple owner of the Realty as of the date of recording the deed, subject to the Permitted Exceptions (“Title Policy”). 6. Inspection Contingency. During the fifteen (15) day period immediately following the Effective Date (the “Inspection Period”), Buyer, at its sole expense, may obtain an inspection of all buildings and related improvements located on the Realty and/or a current Phase I environmental assessment of the Realty. Buyer shall not have the right to conduct any sampling or other invasive testing of the water, soil, air or building improvements on or beneath the Property without Seller’s express prior written consent. Buyer shall repair a ny damage done 332 of 567 6786978_2 4 to the Property by any such inspection. Buyer shall insure that any party entering onto the Realty for purposes of inspection maintains commercially reasonable liability insurance naming Seller as an additional insured, and upon request of Seller and prior to any such party entering onto the Realty, Buyer shall deliver to Seller a certificate of insurance evidencing that such insurance is in place. Buyer shall indemnify, defend and hold Seller harmless from and against any loss, cost, liability or expense Seller may incur resulting from any such inspection. Buyer shall have until the end of the Inspection Period to terminate this Contract by written notice to Seller resulting from Buyer’s objection to any matter shown in an inspection report or Phase I environmental assessment, which materially affects the Realty or Buyer’s intended use of the Realty. If Buyer does not deliver a written notice to Seller before the end of the Inspection Period terminating this Contract, then Buyer is deemed to have waived this inspection contingency and any right to object to the condition of the Property. In no event shall Seller be required to cure any matter to which the Buyer objects relating to the condition of the Property. If this Contract is terminated by Buyer for any reason other than a default by Seller, then, as a condition to the return of any earnest money deposited hereunder, Buyer shall, within five (5) business days after termination of this Contract, cause to be delivered to Seller copies of any and all non-proprietary reports, tests, results and analyses in Buyer’s possession or under Buyer’s control, including, but not limited to, all title reports, surveys, environmental reports, geotechnical analyses, and traffic reports, at no cost or expense to Seller. Seller’s rights and Buyer’s obligations under this Section 6 shall survive the Closing or any termination of this Contract. 7. No Representations or Warranties; AS-IS Condition. (a) Buyer is hereby purchasing the Property in “AS-IS, WHERE-IS” condition and “with all faults”, and agrees that it relies upon no warranties, representations or statements by Seller, or any other persons for Seller, in entering into this Contract or in closing the transactions described herein, except for the expre ss representation and warranty set forth in Section 3 hereof. Buyer’s closing on the acquisition of the Property shall constitute conclusive evidence that Buyer is satisfied with the condition of and title to the Property and has waived or satisfied Buyer ’s survey, title and inspection contingencies set forth in Sections 4 through 6 above. In closing and completing this transaction, Buyer will have relied exclusively upon its own inspections and reviews, and not upon any representation or warranty of Seller or its agents or employees except those expressly set forth in Section 3 above. (b) Except for the express representation and warranty set forth in Section 3 hereof, Seller makes no warranties, representations or statements whatsoever, express or implied, concerning or relating to the Property, including without limitation: the income or expenses of the Property; zoning and building codes and other similar restrictions; availability or cost of utilities; the condition of the soils on the Property, the environmental condition of the Property; the presence or absence of any hazardous substances, hazardous materials, petroleum, or any substances regulated by federal, state or local law in, on or under the Property; compliance of the Property with any law, regulation, ordinance or similar requirement, including without limitation the Americans with Disabilities Act; or the physical condition of the Property or any improvements thereon. Buyer acknowledges that no agents, employees, brokers or other persons are authorized to make any representations or warranties for Seller. 333 of 567 6786978_2 5 (c) Buyer acknowledges and agrees that any Personalty to be conveyed in this transaction from Seller to Buyer will be transferred by quit claim bill of sale, with no representation, warranty or guaranty, expressed or implied, regarding the condition of or the title to such Personalty, and Buyer further agrees to accept such Personalty in its “AS- IS/WHERE IS” condition at closing. (d) Buyer (and any party claiming through or under Buyer) hereby agrees that following the Closing, Seller shall be fully and finally released from any and all claims or liabilities against the Seller relating to or arising on account of the condition of or title to the Property, including without limitation, any matters specifically referenced in this Contract. This Section 7(a) through (d) shall survive the Closing. 8. Closing. The closing of this transaction (the “Closing”) shall take place within seven (7) days after the expiration of the Inspection Period (the “Closing Date”), at the offices of the Chicago Title and Trust Company or at such other time and place as may be agreed upon by Buyer and Seller. At Closing, Buyer shall deliver to the Title Company by wire transfer to an account designated by the Title Company, immediately available funds in the amount of the Purchase Price, as adjusted by any prorations and closing costs provided for herein, and such affidavits, resolutions and other documents agreed between the parties, required for a legal conveyance of real estate in the state where the Realty is located or otherwise required by the Title Company to issue the Title Policy. At the Closing, Seller shall deliver to the Title Company a Quit Claim Deed conveying Seller’s interest in the Realty to Buyer, subject only to the Permitted Exceptions, a Quit Claim bill of sale conveying Seller’s interest, if any, in the Personalty to Buyer, if applicable, and such affidavits, resolutions and other documents agreed between the parties, required for a legal conveyance of real estate in the state where the Realty is located or otherwise required by the Title Company to issue the Title Policy. All prorations required hereunder shall be computed as of the Closing Date. Possession of the Property shall be delivered to Buyer on the Closing Date, subject to the Permitted Exceptions. Buyer shall pay for recording the deed. Seller shall pay the title insurance premium for the Title Policy to be issued to Buyer and gap coverage or endorsement charges. Buyer shall pay for all other endorsement charges and the title insurance premium for any loan policy, including endorsement charges related thereto. All escrow fees and Title Company closing charges shall be shared equally by Seller and Buyer, except Buyer shall pay any escrow fees and other charges related to Buyer’s loan, if any. All other closing costs, including without limitation, state, county and municipal transfer taxes and other recording fees, shall be allocated as customary in the state and municipality in which the Realty is located. 9. Taxes. (a) Taxes for Years Prior to Closing. Seller will pay in full all general real property taxes that are levied with respect to the Realty for tax years prior to the year of closing. Seller shall receive a credit at Closing for the Buyer’s prorated portion of the real estate taxes due under the Commercial Lease Agreement dated March 15, 2012, except Buyer will not receive a credit for the portion that was owed under the Commercial Lease Agreement. 334 of 567 6786978_2 6 (b) Tax Challenges. If any tax challenge is ongoing with respect to the Realty for general real estate taxes levied for any tax years prior to the year of Closing, Seller will receive the full benefit of any refund arising out of such tax challenge. If any tax challenge commenced by Seller results in a reduction in taxes for the general real estate taxes levied for the year of Closing, the parties shall reprorate taxes for the year of Closing upon receipt of the actual tax bill or adjusted tax bill. This Section 9(b) expressly survives Closing. (c) Taxes for Current Year of Closing. All general real property taxes that are levied with respect to the Realty for the year of Closing will be prorated at the rate of 100% between Buyer and Seller as of the business day immediately prior to the Closing Date. 10. Tenant Lease. Buyer expressly assumes the obligations under the residential lease agreement (“Unit 1 Lease”) by and between the Seller and Marcus T. Yakhnis and Nicole R. Mikels dated April 10, 2014. The Unit 1 Lease term is April 9, 2014 – March 31, 2015 for a monthly rental rate of Nine Hundred Seventy-Nine and 00/100 Dollars ($979.00). The Tenants paid a security deposit of $979.00 to the Seller at the time of the Unit 1 Lease execution and it will be assigned to Buyer at Closing. 11. Special Assessments. If applicable, at Closing Seller will pay all special assessments that were levied prior to the Effective Date. All special assessments levied after the Effective Date shall be paid exclusively by Buyer. Real estate taxes and special assessments shall not be re-prorated after the Closing, except as provided in Section 9(b), above. Prepaid expenses (including homeowner’s association or similar assessments), if any, paid by Seller shall be prorated on a per diem basis as of the Closing Date, and Seller shall receive a payment at the Closing, in addition to the Purchase Price, equal to the allocated portion of such prepaid expenses attributable to periods on and after the Closing Date. 12. Municipal Agreements. Seller and Buyer agree that upon Closing, Buyer will assume any and all responsibilities and obligations under all existing development agreements, declarations, escrow agreements and other agreements affecting the Property. In addition, Buyer shall comply, at Buyer’s sole expense, with all requirements imposed under any such agreement or by any state, federal or local governmental entity or agency including, without limitation, any requirement to construct infrastructure, construct improvements, install sidewalks and parkway trees and landscaping, and to escrow funds, post letters of credit or any other required security in connection with the development of the Property. On or before Closing, Buyer shall, at Buyer’s sole expense, replace any funds or letters of credit deposited in connection with any such agreement or requirement. Buyer’s failure to do so on or before the Closing Date shall be a default under this agreement. The parties agree that all development work is Buyer’s sole responsibility and shall be performed at Buyer’s sole cost and expense. Buyer shall indemnify, defend and hold Seller harmless from and against any and all losses, actions, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, incurred by Seller in connection with the failure by Buyer to observe or perform any of the obligations pursuant to this Section 11. Buyer and Seller agree that this paragraph shall be self-operative but, if requested by Seller, Buyer shall execute a document in recordable form evidencing the agreements set forth in this Section. To the extent Seller, any of its affiliates, or any predecessor owner of the Property is 335 of 567 6786978_2 7 entitled to a refund of any funds (including the proceeds of any letter of credit drawn upon) or other security deposited with respect to the Property before the Closing, any such refund shall be and remain the property of Seller or its applicable affiliate, and to the extent Buyer receives any such refund before or after the Closing, Buyer shall remit such refund to Seller or its affiliate within five (5) days after Buyer’s receipt therefor. Seller’s right and Bu yers obligations under this Section 11 shall survive the Closing. 13. Condemnation. If before the Closing, any of the Realty is condemned under the power of eminent domain, is the subject of a threatened condemnation, or is conveyed to a condemning authority in lieu of condemnation, Seller shall notify Buyer in writing of the threat, condemnation or conveyance within five (5) business days of its occurrence. Buyer shall within ten (10) days of the notice have the option of (a) proceeding with the Closing (without any reduction in the Purchase Price) and receiving the award or condemnation payment (or an assignment thereof, if the same is not received by Closing), or (b) canceling this Contract and receiving back the earnest money deposited, and the parties shall have no further obligations hereunder except those provisions that expressly survive. 14. Indemnification. Buyer shall indemnify, defend and hold Seller harmless from and against any and all losses, claims, actions, liabilities, damages, liens, costs and expenses, including reasonable attorneys’ fees, incurred by Seller (or its agents, consultants or affiliates) arising out of or related to (i) any activities upon the Property by Buyer, its agents, contractors and employees, or (ii) the failure by Buyer to observe or perform any of its covenants, representations or obligations under this Contract. This Section 13 shall survive the Closing or termination of this Contract. 15. Notices. All notices required or permitted to be given hereunder shall be in writing and delivered by certified mail, postage prepaid, or by overnight delivery service, or shall be personally served or sent via facsimile with confirmation of transmission, to Buyer and Seller at the following addresses: SELLER: City of Evanston City Manager, Wally Bobkiewicz 2100 Ridge Avenue Evanston, IL, 60201 With a copy to: City of Evanston Corporation Counsel, W. Grant Farrar 2100 Ridge Avenue Evanston, IL 60201 BUYER: Ward Eight, LLC 629 Howard Street Evanston, IL 60202 Notices may be given on behalf of a party by their respective attorneys named above. All notices shall be deemed received either when actually received or three (3) days after posting (if mailed), one business day after deposit with the delivery service (if sent by overnight delivery), 336 of 567 6786978_2 8 or when delivered (if personally delivered), or if sent by facsimile transmission, upon transmission as evidenced by the confirmation slip generated by the sender’s facsimile machine . Either party may change the above addresses by written notice to the other. 16. Default. If before the Closing, Buyer defaults in the full and timely performance of any of its obligations hereunder, Seller shall be entitled to cancel this Contract and receive and retain the earnest money deposited hereunder as liquidated damages, the parties agreeing that in the event of a default hereunder before the Closing, actual damages would be impossible to calculate; provided, however, notwithstanding anything contained herein to the contrary, nothing contained in this Section 15 shall: (i) limit Seller’s rights or remedies with respect to a breach or default by Buyer after the Closing or of a covenant or obligation that survives the Closing or a termination of this Contract; or (ii) limit Buyer’s indemnification obligations under this Contract, and Seller shall be entitled to any and all rights and remedies available at law and/or in equity if Buyer defaults in the full and timely payment and performance of Buyer’s indemnif ication obligations under this Contract, or any of Buyer’s covenants or obligations after the Closing, or any covenant or obligation that survives the Closing or a termination of this Contract. If Seller breaches any representation or warranty set forth in this Contract or defaults in the full and timely performance of any of its obligations hereunder, Buyer, as its sole and exclusive remedy, may elect to either terminate this Contract and receive a refund of the earnest money (in which case the parties shall have no further obligations hereunder except those provisions that expressly survive) or seek specific performance, provided that any action for specific performance must be commenced within forty-five (45) days after Buyer obtains knowledge of Seller’s default. If no such action is commenced within said 45-day period, Buyer shall be deemed to have waived its right to bring or pursue an action for specific performance. Buyer hereby expressly waives, relinquishes and releases any other right or remedy available to it at law, in equity or otherwise by reason of Seller’s default of its obligations hereunder, including, without limitation, any rights Buyer may have to bring an action to recover direct, consequential, punitive or any other damages. 17. Real Estate Commissions. Seller hereby represents and warrants that it has not engaged the services of real estate agent, broker or firm in connection with the Property or this real estate transaction. Seller hereby agrees to defend, indemnify and hold Buyer harmless from any and all loss, cost or expense from any claim for real estate commission made by any agent, broker or firm engaged by Seller in connection with the Property or this transaction. Buyer hereby represents and warrants that it has not engaged the services of any real estate agent, broker or firm in connection with the Property or this real estate transaction. Buyer hereby agrees to defend, indemnify and hold Seller harmless from any and all loss, cost or expense from any claim for real estate commission made by any agent, broker or firm engaged by Buyer in connection with the Property or this transaction. Each party’s rights and obligations under this Section 16 shall survive the Closing or any termination of this Contract. 18. Entire Agreement. This Contract contains the entire agreement between Seller and Buyer and there are no other terms, conditions, promises, understandings, statements or representations, express or implied, regarding the transaction contemplated hereby. This Contract may be amended only by a further written document signed by each of the parties. 337 of 567 6786978_2 9 19. Assignment. Buyer shall have the right to assign this Contract without Seller's prior written consent only to any entity owned and/or controlled by Buyer or its principals, provided that not less than five (5) business days before the Closing, Buyer gives notice of such assignment to Seller accompanied by reasonable evidence that the assignee is owned and/or controlled by Buyer. All other assignments shall require Seller’s prior writt en consent, which may be withheld in Seller’s sole discretion. Notwithstanding the foregoing, if this Contract is assigned by Buyer hereunder, Buyer shall remain jointly and severally liable, along with the assignee, for the Buyer’s obligations under this Contract. Buyer shall cause any permitted assignee to acknowledge in writing that it will be bound by all of the terms and conditions of this Contract, with said acknowledgement set forth in a form subject to Seller’s reasonable approval. This Section 18 shall survive the Closing or termination of this Contract. 20. Successors and Assigns. Subject to Section 18 above, the provisions of this Contract shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, assigns, executors, administrators and legal representatives. 21. Captions. The captions of the paragraphs in this Contract have been inserted for convenience of reference only and shall in no way modify or restrict any provision hereof or be used to construe any of the provisions hereof. 22. Severability. If any provision of this Contract is held invalid or unenforceable, the invalidity or unenforceability shall be limited to the particular provision(s) involved and shall not affect the validity or enforceability of the remaining provisions. 23. Counterparts and Transmittal of Signatures. This Contract may be executed in one or more counterparts, and all such executed counterparts shall constitute the same agreement. A signed copy of this Contract transmitted by facsimile or email shall be treated as an original and shall be binding against the party whose signature appears on such copy. 24. Exculpation. Buyer agrees to look solely to Seller’s interest in the Property for the satisfaction of any liability or obligation arising under or in connection with this Contract, the transactions contemplated hereby or the documents executed pursuant hereto, or for the performance of any of the covenants, warranties or other agreements contained herein or therein, and Buyer shall not collect or attempt to collect any judgment or other amounts out of any assets of Seller other than Seller’s interest in the Property. Further, Buyer agrees that it does not have and will not have any claims or causes of action against any disclosed or undisclosed officer, director, employee, trustee, shareholder, partner, member, principal, parent, subsidiary or other affiliate of Seller, or any officer, director, employee, trustee, shareholder, partner, member or principal of any such parent, subsidiary or other affiliate, arising under or in connection with this Contract, the transactions contemplated hereby or the documents executed pursuant hereto. The terms of this Section 23 shall survive the Closing and any termination of this Contract for any reason. 25. Miscellaneous. 338 of 567 6786978_2 10 (a) All questions with respect to the construction or interpretation of this Contract shall be determined in accordance with the laws of the State of Illinois, without regard to conflict of law rules. Time is of the essence of this Contract. (b) If any date upon which action is required under this Contract shall be a Saturday, Sunday or legal holiday, the date for such action shall be extended to the first day after such date which is not a Saturday, Sunday or legal holiday. [NO FURTHER TEXT ON THIS PAGE] [SIGNATURE PAGE FOLLOWS IMMEDIATELY] 339 of 567 6786978_2 11 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the day and year first above written. Date:__________________ SELLER: City of Evanston, an Illinois municipal corporation By: Wally Bobkiewicz Title: City Manager Date:__________________ BUYER: Ward Eight, LLC ____________________________________ By: Anne Carlson Title: Manager 340 of 567 6786978_2 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 6 AND THE EAST 0.62 FEET OF LOT 5 IN BLOCK 1 IN NILES HOWARD TERMINAL ADDITIONAL, BEING A SUBDIVISION OF THE SOUTH 6.25 CHAINS (412 ½ FEET) OF THAT PART OF THE NORTHEAST ¼ OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE RIGHT OF WAY OF THE CHICAGO AND NORTH WESTERN RAILROAD IN COOK COUNTY, ILLINOIS. Real property address: 629-631 Howard Street, Evanston, Illinois, 60202 PIN: 11-30-209-024-0000 341 of 567 6786978_2 EXHIBIT B PERSONAL PROPERTY All personal property, if any, located on the Realty (other than any personal property owned by a tenant, as applicable) 342 of 567 343 of 567 344 of 567 345 of 567 346 of 567 347 of 567 348 of 567 349 of 567 350 of 567 351 of 567 352 of 567 353 of 567 354 of 567 355 of 567 356 of 567 357 of 567 358 of 567 359 of 567 360 of 567 361 of 567 362 of 567 363 of 567 364 of 567 For City Council meeting of February 9, 2015 Item A19 Ordinance 14-O-15: P Liquor License Sale of Alcohol for On Site Consumption 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 14-O-15, Amending City Code Section 3-4-6-(P) to Allow for the Retail Sale of Alcohol for On-Site Consumption Date: January 12, 2015 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 14-O-15. This ordinance was introduced at the January 26, 2014 City Council meeting. Summary: Ordinance 14-O-15 amends Evanston City Code of 2012 Subsection 3-4-6-(P), as amended, to permit the retail sale of alcohol for on-site consumption by persons of at least twenty-one (21) years of age during the hours of noon to 10:00 p.m. on any Sunday through Thursday and during the hours of noon and 11:00 p.m. on any Friday and Saturday. Each individual serving shall contain no more than two (2) fluid ounces of alcohol, and a licensee can sell no more than a total of ten (10) fluid ounces of alcohol per person for on-site consumption per day. Alcohol to be sold for on-site consumption must be manufactured on-site, excluding aperitifs and liqueurs. Business Representative Paul Hletko requested the revision of the Class P Liquor Permit in line with his evolving business model. Legislative History: At the December 11, 2014 Liquor Control Review Board meeting, Company requested consideration to allow for sale of alcohol for on-site consumption for the Class P Liquor License and the Board recommended the approval of the proposed amendment. Alderman Wynne and other 3rd Ward residents were present at the meeting to hear the particulars regarding the proposed revision. Attachments: Ordinance 14-O-15 Minutes of the December 11, 2014 Liquor Control Review Board meeting Memorandum 365 of 567 1/15/2015 14-O-15 AN ORDINANCE Amending City Code Section 3-4-6-(P) to Allow for the Retail Sale of Alcohol for On-Site Consumption NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(P) of the Evanston City Code of 2012, as amended, is hereby further amended and revised to read as follows: (P) CRAFT DISTILLERY licenses, which shall authorize the on-site production and storage of alcohol in quantities not to exceed thirty thousand (30,000) gallons for one (1) year after the effective date of this amendatory ordinance and thirty-five thousand (35,000) gallons thereafter, the sale of such alcohol to persons of at least twenty-one (21) years of age for consumption off-premises, and on-site sampling of such alcohol. It also authorizes on-site sampling and retail sale for consumption of such alcohol by persons of at least twenty-one (21) years of age. Sales of alcohol (1) not classified as aperitifs and/or liqueurs; and (2) manufactured outside the facility are prohibited. Such craft distillery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a class P licensee to sell a container of alcohol for off-premises consumption unless the container is greater than or equal to 200 milliliters in volume. 2. Class P licensees may, during authorized hours of business, offer samples of the alcohol, or alcohol for retail sale, the alcohol permitted to be produced and sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed one-quarter (0.25) fluid ounce, to any person in a day. Licensees may sell samplesalcohol for on-site consumption, but the volume of alcohol per servingany sample sold shall not exceed one (1)two (2) fluid ounces and the total volume of all samplesalcohol servings sold to any person in a day shall not exceed two and one-half (2.5)ten(10) fluid ounces. Licensees shall not provide and/or sell more than two and one-half (2.5) fluid ounces of samples to any person in a day. Class P licensees must have at least one (1) BASSET-certified site manager on premises whenever alcohol is available for on-site consumptionoffering samples of alcohol. All persons who sell, open, pour, dispense or serve alcohol shall be BASSETT certified. Class P licensees must provide food service whenever alcohol is 366 of 567 14-O-15 ~2~ available for on-site consumption, in accordance with the specifications applicable to retail sale for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Alcohol for product sampling or retail sale for on-site consumption shall be sold and dispensed only in containers provided by the licensee. Alcohol sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises.when offering samples of alcohol. 3. It shall be unlawful for the holder of a class P license to provide a sample of or sell any alcohol for off-site consumption before the hour of 10:00 a.m. or after the hour of 10:00 p.m. on any Monday, Tuesday, Wednesday, or Thursday; before the hour of 10:00 a.m. or after the hour of 11:00 p.m. Friday and Saturday; and before the hour of 12:00 noon and after the hour of 10:00 p.m. on Sunday. 4. It shall be unlawful for the holder of a class P license to sell any alcohol for on-site consumption before the hour of noon or after the hour of 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday; and before the hour of noon or after the hour of 11:00 p.m. Friday and Saturday. 5. Every class P licensee must have a valid craft distiller license from the State of Illinois. Every licensee shall maintain accurate records as to (1) the total gallonage of alcohol manufactured on the premises; and (2) the total gallonage of alcohol sold to individuals not holding a State liquor license. Licensee shall produce said records to the City upon request. 5.6. Every employee of a class P licensee who participates in the production of alcohol, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be one thousand eight hundred dollars ($1,800.00). The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be one thousand eight hundred ninety dollars ($1,890.00). No more than one (1) such licenses shall be in force at any one (1) time. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 367 of 567 14-O-15 ~3~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 9: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 368 of 567 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. 369 of 567 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 370 of 567 PLANNING & DEVELOPMENT COMMITTEE MEETING Monday, February 9, 2015 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN FISKE, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF JANUARY 26, 2015 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 (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 (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 IV. ITEM FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT 371 of 567 Planning & Development Committee Meeting Minutes of January 26, 2015 7:15 p.m. Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, J. Grover, D. Holmes, A. Rainey, M. Tendam D. Wilson, M. Wynne STAFF PRESENT: M. Masoncup, M. Muenzer, B. Newman PRESIDING OFFICIAL: Ald. Fiske I. DECLARATION OF QUORUM A quorum being present, Chair Fiske called the meeting to order at 7:35 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF JANUARY 12 , 2015 Ald. Rainey moved to approve the minutes of the January 12, 2015 meeting, seconded by Ald. Tendam. The Committee voted unanimously 7-0 to approve the January 12, 2015 minutes. III. ITEMS FOR CONSIDERATION (P1) Ordinance 13-O-15, Granting Zoning Relief for an Open Parking Space in the Front Yard at 521 Ridge Avenue The Zoning Board of Appeals recommends the adoption of Ordinance 13-O-15 granting zoning relief to establish one open parking space in the front yard at 521 Ridge Avenue. City staff recommends that if City Council chooses to approve the zoning relief, a condition be imposed for the removal of the extraneous curb cut and driveway apron on Elmwood Avenue. For Introduction Ald. Rainey moved to introduce Ordinance 13-O-15, seconded by Ald. Tendam. Chair Fiske called those who wished to speak to the podium. Ald. Burrus said the project is in her ward and she supports it. The Committee voted by majority 6-1 with Chair Fiske opposed, to introduce Ordinance 13-O-15. (P2) Ordinance 12-O-15, Granting a Special Use for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 12-O-15 granting a special use permit for a Type 2 Restaurant, Clucker’s Charcoal Chicken, in the B1 Business District. For Introduction DRAFT – NOT APPROVED 372 of 567 Planning & Development Committee Meeting Minutes of January 26, 2015 Page 2 of 2 Ald. Holmes moved to introduce Ordinance 12-O-15, seconded by Ald. Tendam. The Committee voted unanimously 7-0 to introduce Ordinance 12-O-15. (P3) Ordinance 152-O-14, Amending Hotel-Motel Tax to Add Bed and Breakfast Establishments Staff submits at request of Alderman Fiske consideration of Ordinance 152-O-14 which expands the type of accommodations subject to the Hotel-Motel Tax. For Introduction Mark Muenzer, Director of Community Development, explained that the Law Dept. had prepared the ordinance at the request of Chair Fiske. Ald. Rainey said: • The only licensed B&B has turned out to be exquisite, and not a party house • Taxing this B&B will cost more than the revenue it will collect • Regulations inhibit a flourish of many B&B’s Ald. Ra iney moved to retain the item on agenda until an accounting of all the illegal B&B’s is provided by staff, seconded by Ald. Tendam. Wally Bobkiewicz, City Manager, discussed the rules about “holding in committee” as they pertain to City Council versus P&D. The Committee voted by majority, 4-3 with Chair Fiske, Ald. Wilson and Ald. Wynne opposed, to hold the item in committee until information is provided about how much revenue will be generated, what it costs staff to bill an entity and an accounting of illegal B&B’s. Chair Fiske argued that there are more B&B’s popping up. 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 7:47 p.m. Respectfully submitted, Bobbie Newman 373 of 567 For City Council meeting of February 9, 2015 Item P1 Business of the Council by Motion: Open Communities Landlord Tenant Program For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Sarah Flax, Housing and Grants Administrator Mary Ellen Poole, Housing Planner Subject: Approval of 2015 Open Communities Landlord Tenant Program Date: January 29, 2015 Recommended Action 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. The City has partnered with Open Communities to provide tenant landlord services to Evanston residents and property owners since August 1, 2011. In 2014, the City of Evanston provided a grant of $35,000. This renewal grant would fund the continuation of services from January 1 through December 31, 2015. Funding Source: Funding is provided by the City’s Affordable Housing Fund, Account 250.21.5465.62490 Discussion Open Communities provides responses and guidance on housing related issues raised by Evanston landlords and tenants, and upholds Evanston’s Landlord-Tenant ordinance. Open Communities has proven expertise with landlord tenant issues and the capacity to deliver services at the Levy Center and the Lorraine H. Morton Civic Center. The recommendation of $35,000 is level funding with 2014. Open Communities has provided the following services and met the following goals from September 2013-August 2014: • Responded to 319 calls from Evanston residents relating to renting and landlord tenant issues from September 2013-August 2014, an average of 26 calls per month. • Participated in two Northwestern Housing Fairs in Dec. 2013 and January 2014 • Met with and trained the Evanston Police Department Problem Solving Team in January 2014 Memorandum 374 of 567 • Provided assistance to low income tenants living at 319 Dempster Ave. on rights and responsibilities in February 2014 • Provided a training for City 311 staff in February 2014 • Conducted a property manager/landlord training in March 2014 • Conducted a tenant training on rights and responsibilities in April 2014 • Worked with the tenants of 1620 Washington, a 5-unit rental building going through foreclosure to avoid displacement • Advised tenants in the TBRA program who were experiencing conflicts with their landlord on their rights. Open Communities maintains detailed records of the number of calls received and the nature of the issues/questions. Examples include concerns about repairs, security deposits, evictions and early termination of a lease. A summary of calls/cases from September 2013 through August 2014 is attached. In addition, Open Communities’ staff tracks their time spent working with Evanston clients as well as the incomes of households assisted. Open Communities maintains office hours at the Levy Center on the first Thursday of the month and at Civic Center on remaining Thursdays from 9am – Noon in room 3108 to provide convenient access for Evanston clients. Clients may also set up meeting times outside those hours with Open Communities by calling 847-501-5760. The Open Communities renewal grant agreement would run from January 1– December 31, 2015. Open Communities deliverables would include: • Responding to approximately 33 Evanston calls/cases each month, or an estimated 400 calls/cases in total. This represents an increase of approximately 20%. • Conducting at least two City-wide trainings for tenants and landlords and one with the Evanston Police Department to answer questions about tenant landlord issues and rights. New topics not addressed in 2014 would be presented. • Managing/maintaining the Landlord Tenant Project website, which includes details of Evanston’s ordinance (http://landlordtenantproject.org). • Assisting the City with special projects, including: the revision of the fair housing brochure to incorporate new amendments to the Evanston Human Rights ordinance, curriculum design for the Safe and Healthy Homes initiative, advising tenants and/or landlords at troubled buildings. Open Communities will continue to provide monthly reports detailing the Evanston caseload as well as to maintain office hours at the Civic Center and Levy Center. Payments would be made in March 2015 and July 2015, pending receipt of the monthly reports. Attachments Summary data of cases handled (including map) and other Landlord-Tenant activities undertaken by Open Communities from September 2013 – August 2014. Page 2 375 of 567 Evanston Landlord-Tenant Cases September 2013-August 2014 Note: Not all cases are listed on the map, as some individuals declined to provide an address. LANDLORDS TENANTS 376 of 567 Figure 1: Number of Landlord/Tenant Cases, September 2013-August 2014: Table 1: Monthly Breakdown of Cases by Type, Sept 2013-August 2014: Month Landlord Tenant Total September 5 23 28 October 2 14 16 November 2 17 19 December 3 10 13 January 5 12 17 February 6 33 39 March 6 27 33 April 6 20 26 May 5 27 32 June 5 25 30 July 11 23 34 August 6 26 32 September 2013-August 2014 62 257 319 0 5 10 15 20 25 30 35 Landlord-Tenant Case Volume: September 2013-August 2014 LANDLORD TENANT 377 of 567 Figure 2: Frequency of Grievance by Type, September 2013-August 2014: Note: The total number of recorded grievances, 425, is greater than the amount of cases, 319, because many cases feature 2 or 3 different issues that need to be addressed. The distribution of grievances is the best indicator available to determine the focus of our trainings and educational events. Table 2: Type of Grievance by Percentage (Aggregate), September 2013-August 2014 Type of Grievance Percent of Total Maintenance 22% Eviction 19% Disturbance 14% Security Deposits 14% Early Termination 10% Lease Concerns 8% Pest Problems 5% Utilities 3% Subletting 2% Foreclosure Eviction 1% Lock Out 1% 93 80 61 58 42 35 23 15 10 4 4 Maintenance Eviction Disturbance Security Deposits Early Termination Lease Concerns Pest Problems Utilities Subletting Foreclosure Eviction Lock Out 378 of 567 Figure 3: Annual Case Volume by Evanston City Ward: The fairly scattered distribution indicates that this service reaches all parts of the city. The housing stock in Wards 6 and 7 is primarily single-family with high rates of home-ownership, hence their singificantly lower totals. 0 10 20 30 40 50 60 70 Case Volume by Ward: September 2013-August 2014 379 of 567 September 2013: The caller is a single father living with two children West Evanston. He came home to find the door locked in his unit and the windows were screwed shut. The tenant was behind in rent and the landlord locked him out. After calling Open Communities the tenant called 911 and had an officer come over, the tenant was able to get back in his unit, but decided it was unsafe to stay in the unit. The tenant has secured a new apartment, but has also obtained legal representation through a private attorney. Right now they are working on setting up a settlement agreement to compensate the tenant. The tenant moved into a different apartment with a better landlord and management company in south Evanston. October 2013: See attached blog. November 2013: The caller is a new landlord and recently purchased a new rental unit in Evanston. He called to learn about being a landlord and how to rent the unit to a voucher holder. Staff helped him gather all the correct information to give to the tenants and referred him to the Community Investment Corporation for property management training. The landlord hopes to lease up the unit by December 1, 2013. December 2013: The caller is a new landlord and recently purchased a new rental unit in Evanston. The landlord had a tenant moving out and wanted to now the security deposit rules. The tenant had caused some minor damage and the landlord wanted to make sure he was properly withholding money from the deposit. The landlord followed the proper rules and was able to cover his damages while returning the remainder of the deposit to the tenant. January 2014: A landlord in Evanston called because his tenant was making repeated calls for repairs in his unit. The landlord noticed that the damage was not normal wear and tear on the unit; rather it was due to negligence and vandalism. Staff explained that the landlord can charge the tenant for the damage to the unit and if the tenant does not pay it can be added to the next rental payment with a 14 day notice. The landlord put together the notice and the tenant paid the amount due. February 2014: A tenant lives in a basement unit in Evanston and she is newly pregnant. The landlord had tried to do some repairs on the heater a few weeks prior and they were not working well. The tenant complained of headaches and was worried about carbon monoxide. The landlord was not fixing the heater properly and the tenant decided the best solution was to move. After moving the landlord stated the tenant must pay rent for the term of the lease. Staff helped the tenant put together a 30 day notice to correct. The landlord received the notice and let the tenant out of her lease and excused her from paying rent from the date she moved out. March 2014: A tenant is a returned veteran from Afghanistan and was renting a room in Evanston. When the tenant moved in the landlord became very aggressive and constantly threatening to kick the tenant out. The tenant decided to move from this situation in order to protect himself, Evanston Police were involved. After moving the landlord refused to return his security deposit or prepaid rent. The tenant had paid three months in advance plus a security deposit. Staff helped the tenant draft a letter demanding the money back. The tenant received a check a week later. 380 of 567 April 2014: The tenant’s shower in her unit was broken and she called the landlord to fix the problem. The landlord did fix the shower, but it still did not work properly. After numerous calls to the landlord he refused to return to fix the shower. Open Communities helped the tenant complete a repair and deduct and the tenant has contracted with a plumber to properly fix the problem. For the month of May the tenant will pay her rent minus the portion paid to the plumber to fix the shower. May 2014: The caller is a landlord who wants to rent her condo out in Evanston. She had a tenant with a Housing Choice Voucher come to view the unit and was rather skeptical. After speaking to Open Communities and learning about the program she felt more comfortable and decided to rent to the tenant with the HCV. The condo board found out about the tenant with the vouchers and tried to stop the owner from renting. The owner used the fact sheets about Source of Income discrimination and said they cannot stop her from renting to qualified tenants. The tenant is scheduled to move in on June 1, 2014. June 2014: The caller is going through a divorce and wants to leave her unit for a more affordable place. When she approached her landlord about terminating her lease the landlord would not allow it. The tenant called Open Communities who helped her understand how to sublet and what the process is. The tenant is now searching for new Sublette’s beginning in July 2014. July 2014: A landlord in Evanston was interested in properly paying the security deposit interest owed to tenants after they moved out. Open Communities was able to discuss proper measures for paying security deposit interest as well as the importance of that as a protection for tenants. The landlord also wanted “best practices” advice and we were able to provide move-in checklists, information on how to properly issue notices, as well as bed bug and wear-and-tear fact sheets that the landlord can share with new tenants to create clearer agreements. Case was closed after the landlord issued security deposit interest correctly with proper calculations. August 2014: A tenant in Evanston had moved out of a unit two weeks after the lease ended, but offered to pay the landlord pro-rated rent for the additional time in the unit. The landlord filed for possession of the unit even though the pro-rated rent check was accepted, and the tenant never responded because they had already moved out. The landlord returned their check to them in person a few days before the sheriff was due for the eviction summons. The tenants were able to reconcile this discrepancy through the court and have since moved into a new dwelling unit, despite the landlord’s unwillingness to call ahead to cancel the sheriff’s summon. The case was closed after tenant rights and eviction information was presented to the tenant and Open Communities made legal referrals to handle potential legal eviction questions on their record. 381 of 567 Tuesday, 15 October 2013 New Beginnings [Photo: Monique, Jay and their children in front of their home] We met with Monique to ask her about her success story and she began by saying that she just “took it one step at a time with a trusted path, asked questions and had options. Brendan answered a lot of questions for us.” About two years ago, Monique contacted Brendan Saunders, our director of Organizing and Advocacy, because she found out that the apartment she was renting was in foreclosure, due to letter from an Open Communities outreach worker*. She remembers Brendan reassuring her to “just hang tight.” He informed her of her rights as a renter; she had at least 90 days until she could be asked to move out**. “It gave us a measure of ‘you don’t have to panic here.’ You do have rights" said Monique. Simultaneously, things were looking up for her family. The other families moved out so she was able to take in two rescue dogs that live in the basement apartment. “My kids’ dreams came true.” Monique decided to look at things in a positive light. She had 90 days since she received the letter to move out, which happened to fall on Christmas Day. “I saw it as a new beginning whether I got to stay in the building or if I was supposed to move on.” Monique really loves her community in Evanston. “It is diverse and close to the lake.” She didn’t want to have to change her two children’s schools. Signs started being posted that the water would be turned off. Monique and her husband, Jay, started paying the water bill and the gas bill upstairs so that pipes didn’t bust during the winter. They were thinking of buying the building when the investment firm that bought the building contacted them. Monique mentioned this to the man on the phone. “He took a little sliver of a door that was open” and asked her to bid. As they bid back and forth, it was clear they wanted to make this a “win-win”; a quick flip for the firm to make money and allowing an Evanston family to own a house and stay in Evanston. A deal was made but there were delays with the bank. “Things were drawn out for months and we hadn’t even paid any rent to the firm.” Right as they were about the close, Jay became unemployed and had a month until he began his new 382 of 567 job. The investment firm then let Monique and Jay rent the place until the employment confirmation paperwork could be processed. Today, Monique and Jay live with their two children in the building they own. The total process from final foreclosure date to ownership date was 11 months. They are now landlords for a family who rent upstairs and “it is obvious a friendship is forming.” They just moved from Chicago to Evanston as their family continues to grow. Open Communities is working to train Monique and her husband how to be effective property managers. This service is available due to a generous grant for Landlord and Tenant Education and Dispute Resolution from the City of Evanston. “My recommendation to anyone in foreclosure is ‘don’t panic’”. Months after contacting Open Communities, Monique’s family went from being renters with unreliable landlords to potentially homeless to landlords with new friendly neighbors. Congratulations to you, Monique and Jay! It pays to see the light and this is truly the new beginning you envisioned on that sunny day at the post office when you received your 90-day letter. *The Cook County Circuit Court Foreclosure Mediation Program, as administered by The Chicago Community Trust, provides free housing counseling and legal services to Cook County homeowners and families in foreclosure. The program is aimed at helping homeowners resolve their mortgage cases in the most timely and respectful manner possible. To participate in the mediation program, you must be a resident of Cook County who has a received a foreclosure summons. To participate, call the toll free help line at 877-895-2444 or request an appointment on-line at www.CookCountyForeclosureHelp.org. **This would not have been possible without the support of both the City of Evanston and the Woods Fund of Chicago. - See more at: http://www.open-communities.org/blog_direct_link.cfm/blog_id/49923#sthash.So6WAMUQ.dpuf 383 of 567 Organizing Services: • Open Communities has been working with the residents at 1620 Washington Street after they found out their building was in foreclosure. Initially Open Communities met with the residents to talk about their rights and the process of a foreclosure for multifamily renters. The residents wanted to remain in their building and were looking for a way to stay. Open Communities connected them with Rob Anthony from Community Partners for Affordable Housing. Rob viewed the unit and decided that it was a good investment and he would like to make an offer on the building. During this time the residents had received legal summons to go to court and Open Communities helped connect the residents to Lawyers’ Committee for Better Housing for legal representation. The offer was proposed to the realtor who stated that Fannie Mae (owners of the property) might not be interested. Open Communities contacted James Yoo at Representative Jan Schakowsky’s staff to start a conversation with Fannie Mae. Fannie Mae was interested in the offer and began working with CPAH to set up a deal. An agreement was reached and a closing date is scheduled for November 7, 2014. CPAH will be rehabbing all the units and will allow all the units to remain affordable. Two possibly three families will be remaining in the building. One family was able to purchase a single family home through one CPAH. • Open Communities worked with a group of students from 1021 Garnett Place. The group called because the unit was dirty and had some building code violations. The residents wanted to break lease and move into a safer location. Open Communities helped the residents write 30 day notices to correct and the landlord did correct the violations. Some of the residents had already signed a lease with a new place prior to the 30 day notice to correct and were stuck with two leases. Open Communities helped the residents understand how to sublet and helped then through the process to find sublettees and in turn be protected from having multiple leases. Open Communities helped the residents act with one voice and have one conversation with the landlord, also Open Communities helped the residents set up a documentation system in order to keep track of all interactions with the landlord. In the end the residents were able to stay and live out their lease. • Open Communities worked with residents at 2113-2115 Maple Ave. The property was purchased by a new owner who wanted to rehab the units immediately. The manager of the property claimed that the City of Evanston had condemned the building and the residents had to leave. After investigation it was found out that this was not true. Open Communities met with the residents and helped draft a letter stating their situation and offering to leave their lease early, but not in the timeframe the manager provided. When the manager said they had to leave immediately she stated an engineer saw the property and claimed it was unsafe, the residents were engineering students at Northwestern and demanded to see the report. When the manager could not produce the report the residents demanded the right to live out their lease. In the end the residents decided to consolidate into one unit and even break their lease early at the end of summer term (July) rather than remain until the end of August. The manager threatened legal action and the group contacted legal services who helped them draft a second letter. In the end the residents moved at the end of July and got their security deposits returned in full. Also, the residents were able to negotiate a lower rent for the few months they were inconvenienced by the construction happening on the building. 384 of 567 Calendar of Events: December 2013: Northwestern Student Housing Fair 190 People Attended January 2014: Northwestern Housing Fair 227 People Attended Evanston Police Problem Solving Team Training 13 People Attended February 2014: 319 Dempster Tenant Training 13 People Attended 311 Services Training 12 People Attended March 2014: Property Manager/Owner Training 26 People Attended April 2014: Tenant Training 19 People Attended CIC Property Management Training (Fair Housing) 7 People Attended July 2014: Friendly witness to case involving an Evanston property owner A total of 507 people were reached about landlord and tenant rights and responsibilities through Open Communities outreach events and trainings. 385 of 567 Ward 1 Landlord-Tenant Profile Figure 1: Frequency of Grievance by Type, September 2013-August 2014: Table 1: Landlord-Tenant Cases, Cumulative Volume September 2011-Present: Figure 2: Ward 1 Intake Map September 2013-August 2014: 5 6 2 1 5 1 1 1 Maintenance Eviction Disturbance Security Deposits Lease Concerns Pest Problems Early Termination (0) Utilities Subletting Foreclosure Eviction (0) Lock Out (0) Year Landlord Tenant Total (Sep-Dec) 2011 0 9 9 2012 2 15 17 2013 2 13 15 (Jan-Aug) 2014 3 14 17 Program Totals 7 51 58 LANDLORDS TENANTS 386 of 567 Ward 2 Landlord-Tenant Profile Figure 1: Frequency of Grievance by Type, September 2013-August 2014: Table 1: Landlord-Tenant Cases, Cumulative Volume September 2011-Present: Year Landlord Tenant Total (Sep-Dec only) 2011 5 14 19 2012 8 23 31 2013 14 28 42 (Jan-Aug) 2014 6 21 27 Program Totals 33 86 119 Figure 2: Ward 2 Intake Map September 2013-August 2014: 13 13 7 10 6 0 4 0 0 0 1 Maintenance Eviction Disturbance Security Deposits Lease Concerns Pest Problems Early Termination (0) Utilities (0) Subletting (0) Foreclosure Eviction (0) Lock Out LANDLORDS TENANTS 387 of 567 Ward 3 Landlord-Tenant Profile Figure 1: Frequency of Grievance by Type, September 2013-August 2014: Table 1: Landlord-Tenant Cases, Cumulative Volume September 2011-Present: Year Landlord Tenant Total (Sep-Dec only) 2011 0 16 16 2012 8 28 36 2013 2 37 39 (Jan-Aug) 2014 3 19 22 Program Totals 13 100 113 Figure 2: Ward 3 Intake Map September 2013-August 2014: 10 6 8 3 5 5 4 4 1 0 0 Maintenance Eviction Disturbance Security Deposits Lease Concerns Pest Problems Early Termination Utilities Subletting Foreclosure Eviction (0) Lock Out (0) LANDLORDS TENANTS 388 of 567 Ward 4 Landlord-Tenant Profile Figure 1: Frequency of Grievance by Type, September 2013-August 2014: Table 1: Landlord-Tenant Cases, Cumulative Volume September 2011-Present: Year Landlord Tenant Total (Sep-Dec only) 2011 1 17 18 2012 2 22 24 2013 7 23 30 (Jan-Aug) 2014 2 20 22 Program Totals 12 82 94 Figure 2: Ward 4 Intake Map September 2013-August 2014: 10 2 8 5 3 2 6 1 2 1 1 Maintenance Eviction Disturbance Security Deposits Lease Concerns Pest Problems Early Termination Utilities Subletting Foreclosure Eviction Lock Out LANDLORDS TENANTS 389 of 567 Ward 5 Landlord-Tenant Profile Figure 1: Frequency of Grievance by Type, September 2013-August 2014: Table 1: Landlord-Tenant Cases, Cumulative Volume September 2011-Present: Year Landlord Tenant Total (Sep-Dec only) 2011 3 26 29 2012 14 45 59 2013 2 39 41 (Jan-Aug) 2014 11 36 47 Program Totals 30 146 176 Figure 2: Ward 5 Intake Map September 2013-August 2014: 18 18 10 14 5 1 6 6 2 1 2 Maintenance Eviction Disturbance Security Deposits Lease Concerns Pest Problems Early Termination Utilities Subletting Foreclosure Eviction Lock Out LANDLORDS TENANTS 390 of 567 Ward 6 Landlord-Tenant Profile Figure 1: Frequency of Grievance by Type, September 2013-August 2014: Table 1: Landlord-Tenant Cases, Cumulative Volume September 2011-Present: Year Landlord Tenant Total (Sep-Dec only) 2011 1 7 8 2012 2 8 10 2013 2 7 9 (Jan-Aug) 2014 5 7 12 Program Totals 10 29 39 Figure 2: Ward 6 Intake Map September 2013-August 2014: 4 6 3 3 0 1 3 0 1 0 0 Maintenance Eviction Disturbance Security Deposits Lease Concerns (0) Pest Problems Early Termination Utilities (0) Subletting Foreclosure Eviction (0) Lock Out (0) LANDLORDS TENANTS 391 of 567 Ward 7 Landlord-Tenant Profile Figure 1: Frequency of Grievance by Type, September 2013-August 2014: Table 1: Landlord-Tenant Cases, Cumulative Volume September 2011-Present: Year Landlord Tenant Total (Sep-Dec only) 2011 1 4 5 2012 3 10 13 2013 6 11 17 (Jan-Aug) 2014 4 6 10 Program Totals 14 31 45 Figure 2: Ward 7 Intake Map September 2013-August 2014: 2 4 2 4 2 0 3 0 0 0 0 Maintenance Eviction Disturbance Security Deposits Lease Concerns (0) Pest Problems (0) Early Termination Utilities (0) Subletting (0) Foreclosure Eviction (0) Lock Out (0) LANDLORDS TENANTS 392 of 567 Ward 8 Landlord-Tenant Profile Figure 1: Frequency of Grievance by Type, September 2013-August 2014: Table 1: Landlord-Tenant Cases, Cumulative Volume September 2011-Present: Year Landlord Tenant Total (Sep-Dec only) 2011 3 23 26 2012 11 47 58 2013 8 48 56 (Jan-Aug) 2014 6 35 41 Program Totals 28 153 181 Figure 2: Ward 8 Intake Map September 2013-August 2014: 19 16 13 12 5 9 5 2 2 2 0 Maintenance Eviction Disturbance Security Deposits Lease Concerns Pest Problems Early Termination Utilities Subletting Foreclosure Eviction Lock Out (0) 393 of 567 Ward 9 Landlord-Tenant Profile Figure 1: Frequency of Grievance by Type, September 2013-August 2014: Table 1: Landlord-Tenant Cases, Cumulative Volume September 2011-Present: Year Landlord Tenant Total (Sep-Dec only) 2011 3 8 11 2012 13 33 46 2013 3 32 35 (Jan-Aug) 2014 7 25 32 Program Totals 26 98 124 Figure 2: Ward 9 Intake Map September 2013-August 2014: 12 10 8 6 5 4 10 1 1 0 0 Maintenance Eviction Disturbance Security Deposits Lease Concerns Pest Problems Early Termination Utilities Subletting Foreclosure Eviction (0) Lock Out (0) 394 of 567 For City Council meeting of February 9, 2015 Item P2 Ordinance 18-O-15 Special Use for a Wholesale Goods Establishment for Few Spirits at 2308 Main 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 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. 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 395 of 567 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. 396 of 567 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 397 of 567 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, 398 of 567 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. 399 of 567 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 400 of 567 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. 401 of 567 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. 402 of 567 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 403 of 567 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. 404 of 567 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: 405 of 567 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. 406 of 567 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 407 of 567 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__ ____ 408 of 567 For City Council meeting of February 9, 2015 Item: P3 Resolution 15-R-15: Morrison Cultural Center For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Joe McRae, Director of Parks, Recreation and Community Services Christina Ferraro, Assistant Director of Community Services Subject: Resolution 15-R-15 designating 1823 Church Street, Evanston, Illinois, the “Morrison Cultural Center” Date: February 2, 2015 Recommended Action: Staff recommends City Council adoption of Resolution 15-R-15. Summary: The City of Evanston purchased the property located at 1823 Church Street, formerly known as the BooCoo Cultural Center, in January 2015. Resolution 15-R-15 would designate this property the “Morrison Cultural Center” named for Dr. William H. “Doc” Morrison. Dr. Morrison established the “Morrison’s Pharmacy” at 1823 Church Street in 1931after moving to Evanston with his wife Edna Taylor Morrison. He operated the drug store for 50 years and was an active member of the Evanston community. Attachments: Resolution 15-R-15 Memorandum 409 of 567 1/26/2015 15-R-15 A RESOLUTION Designating 1823 Church Street, Evanston, Illinois the “Morrison Cultural Center” WHEREAS, Dr. William H. Morrison, was a long-time Evanston resident and owner and local pharmacist of Morrison's Pharmacy at 1823 Church Street for more than 50 years; and WHEREAS, during his lifetime he has had a continuous, positive presence in Evanston and has left an indelible mark of leadership, foresight, and service thereon; and WHEREAS, the City wishes to proclaim and acknowledge the contributions of Dr. William H. Morrison, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That appreciation is hereby expressed to Dr. William H. Morrison, for his service to the community of the City of Evanston, by designating 1823 Church Street, Evanston, Illinois, the “Morrison Cultural Center.” SECTION 2: That this Resolution 15-R-15 shall be in full force and effect from and after its passage and approval in the manner provided by law. 410 of 567 15-R-15 ~2~ _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2015 411 of 567 For City Council meeting of February 9, 2015 Item P4 Ordinance 13-O-15: Application for Open Parking Space in the Front Yard at 521 Ridge Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Zoning Intern Subject: Ordinance 13-O-15, Granting Zoning Relief for an Open Parking Space in the Front Yard at 521 Ridge Avenue Date: January 14, 2015 Recommended Action The Zoning Board of Appeals recommends the adoption of Ordinance 13-O-15 granting zoning relief to establish one open parking space in the front yard at 521 Ridge Avenue. City staff recommends that if City Council chooses to approve the zoning relief, a condition be imposed for the removal of the extraneous curb cut and driveway apron on Elmwood Avenue. The applicant has complied with all other zoning requirements, and the ZBA found the proposal meets the standards for variances in the R1 District. This ordinance was introduced at the January 26, 2014 City Council meeting. Summary 521 Ridge Avenue is located on the east side of Ridge Avenue between South Boulevard and Oakton Street in the R1 Single Family Residential District and is surrounded by similar residential uses. The property features a single-family residence on a through lot that borders Ridge Avenue to the front and Elmwood Avenue to the rear. A 2-car detached garage is located at the rear of the property off of Elmwood Avenue approximately 175 feet from the rear of the house. An extraneous curb cut and driveway apron exist next to the detached garage, likely from a barn that existed on the property many years ago. The applicants propose to establish one open parking space in the front yard. The parking space will be located near the front of the house, set back approximately 53 feet from the property line and partially hidden from view by a mature pine tree. A new curb Memorandum 412 of 567 cut and asphalt driveway off of Ridge Avenue will lead to a parking pad that also serves as a turn-around to avoid backing out onto Ridge. The proposed parking space is intended be a temporary parking location for unloading and guest vehicles. The existing detached garage at the rear of the property off of Elmwood Avenue is approximately 175 feet from the house and features a moderate grade change throughout the yard. The applicants believe the walk from the garage to the house will become arduous as they age, especially given the grade change. The applicants also believe the grade change makes it difficult to construct a driveway off of Elmwood through the rear yard up to the first-floor level of the house. The applicants do not intend to use the parking space for overnight parking of their own vehicles. The applicants are working with adjacent neighbors to address any potential concerns such as vehicle headlights shining toward other properties. City staff has not received any letters of objection to the proposal. Neighborhood Benefit Many properties in this area feature driveways onto Ridge Avenue due to a lack of alley access, though 521 Ridge does feature alternative access via Elmwood Avenue. Careful consideration should be given as to whether an additional curb cut on Ridge Avenue for the proposed parking space would be a safety hazard to the high traffic volume on Ridge and therefore cause a negative effect on the surrounding neighborhood. Comprehensive Plan The Evanston Comprehensive General Plan notes consideration of the effect of housing on the quality of neighborhoods and surrounding areas, and the importance of guiding changes to housing. The Comprehensive General Plan specifically includes: Objective: Maintain the appealing character of Evanston’s neighborhoods while guiding their change. Objective: Recognize the effect of housing on the quality of neighborhoods. The requested zoning relief for one open parking space in the front yard would allow the property owners, who have resided at the property for over 40 years, the convenience of an at-grade unloading and parking area with easy access to the home as they age. Legislative History January 6, 2015: The ZBA recommended 5-2 approval of the requested variances with the following conditions: 1. Remove the extraneous curb cut and driveway apron off of Elmwood Avenue. 2. The project must be within substantial compliance with the documents and testimony on record. Attachments 413 of 567 Proposed Ordinance 13-O-15 January 6, 2015 ZBA Draft Meeting Minutes ZBA Findings January 6, 2015 ZBA Packet- http://www.cityofevanston.org/assets/01.06.15%20ZBA%20Packet.pdf 414 of 567 1/12/2015 13-O-15 AN ORDINANCE Granting Major Variations Related to 521 Ridge Avenue in the R1 Single-Family Residential Zoning District WHEREAS, Kenneth Hazlett (the “Applicant”), architect of the property commonly known as 521 Ridge Avenue (the “Subject Property”), located within the R1 Single-Family Residential zoning district and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations to zoning requirements imposed by Subsections 6-4-6-3-B-18, 6-8- 2-8-A-1, and 6-16-2-1-C-1 of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variations: (A) The Applicant requests an open parking space that is not within thirty feet (30’) of the rear property line where open parking is only permitted within thirty feet (30) of a rear property line; (B) The Applicant requests open parking in the front yard where open parking is prohibited; (C) The Applicant requests open parking in front of the principal structure where open parking is prohibited; and WHEREAS, on January 6, 2015, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 14ZMJV-0156 to consider the application, received testimony, and made written records and findings that the 415 of 567 13-O-15 ~2~ application did meet the standards for Major Variations set forth in Subsection 6-3-8-12- (E) of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of January 26, 2015, the Planning and Development (“P&D”) Committee of the City Council considered and accepted the ZBA’s recommendation, and recommended City Council approve the Major Variations, as requested; and WHEREAS, at its meetings of January 26, 2015 and February 9, 2015, the City Council considered and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 14ZMJV-0156 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) Approval to allow an open parking space that is not within thirty feet (30’) of the rear property line. Subsection 6-4-6-3-B-18 permits open parking only within thirty feet (30’) of a rear property line. (B) Approval to allow open parking in the front yard. Subsection 6-8-2-8-A-1 prohibits open parking in the front yard. (C) Approval to allow open parking in front of the principal structure. Subsection 6- 16-2-1-C-1 prohibits open parking in front of the principal structure. 416 of 567 13-O-15 ~3~ SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Curb Cut and Driveway Apron: The Applicant must remove the extraneous curb cut and driveway apron along Elmwood Avenue. SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 417 of 567 13-O-15 ~4~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 418 of 567 13-O-15 ~5~ EXHIBIT A Legal Description LOT 2 IN INGLEHART’S ADDITION TO EVANSTON, A SUBDIVISION OF 12.50 ACRES IN THE SOUTHWEST ¼ OF SECTION 19, EAST OF RIDGE ROAD, KNOWN AS LOTS 5 TO 7 OF ASSESSOR’S DIVISION, BY G.M. HUNTOON, A PLAT OF THE SOUTH ½ OF THE SOUTHWEST ¼ OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. PIN: 11-19-327-004-0000 Commonly Known As: 521 Ridge Avenue, Evanston, Illinois 419 of 567 Page 1 of 5 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, January 6, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Beth McLennan, Andrew Gallimore, Myrna Arevalo, Scott Gingold Members Absent: Staff Present: Melissa Klotz, Mario Treto, Lorrie Pearson Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:05 pm. Approval of Minutes The minutes from the December 16, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Mr. Gallimore. The motion was approved 5-0, 1 member abstained. New Business 2524 Cowper Avenue ZBA 14ZMJV-0152 Vince Weber, architect, applies for major zoning relief to convert an existing one-car attached garage into livable space with an addition, and construct a one-story mudroom addition and two- car detached garage. The applicant requests 36.4% building lot coverage where a maximum 30% is allowed (Zoning Code Section 6-8-2-7), a 26.2’ front yard setback where 27’ is required (Zoning Code Section 6-8-2-8-A-1), and a 2.9’ north interior side yard setback where 5’ is required (Zoning Code Section 6-8-2-8-A-3). The Zoning Board of Appeals is the determining body for this case. . Ms. Klotz read the case into the record. Vince Weber, architect, explained the proposal: • Owners have resided there since 2007 • More living space is needed (home office, music room, and storage space) • Want to be able to protect car from weather elements; existing garage can’t fit any cars with a lawnmower, etc. • Wish to remove driveway for greener front yard • Substandard lot size • Parking will become compliant with new 2-car detached garage instead of existing 1-car attached garage • All nearby properties have rear garages • Meets all the Standards Jason Hecker, owner, further explained the proposal: • Want to stay in home, but need more living space • Neighbors to the north and south have no objections Ms. Berns asked if an impervious surface variance was necessary. Ms. Klotz answered that the variance had been revised out of the application. The impervious surface coverage percentage 420 of 567 Page 2 of 5 Zoning Board of Appeals will remain the same by removing the driveway and using pavers for the walkways. The zoning analysis provided in the packet is outdated. Chair Rodgers inquired as to what was currently on top of the garage. Mr. Weber answered that a roof deck with bedroom accessibility was located there and stated the door would be replaced with an egress window. Ms. Berns asked why the proposed garage roof line is higher than the mudroom roof. Mr. Weber noted that there is a step down to mudroom level. The ZBA entered into deliberations. Ms. McLennan stated her approval of the proposal since the impervious surface coverage is not increasing. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Pervious pavers required for rear walk. 2. Driveway and apron must be removed. The motion was seconded by Ms. Cullen and approved 7-0. 1936 Maple Avenue ZBA 14ZMJV-0155 Reed Merdinger, potential lessee, applies for a special use permit for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue. 1936 Maple Avenue is located in the B1 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Reed Merdinger, potential lessee, explained the proposal: • Upscale fast casual • Charcoal-grilled healthy product • Like location because near campus • Anticipate 40% delivery, 5%pickup (which is why it is considered a Type-2) • Employees/deliveries will use on-site lot and Northwestern University parking lot • Hours of operation: 11 a.m. to 11 p.m. • Most employees will use public transit • Maximum of 8-10 employees per shift • Truck deliveries to occur in rear parking lot between 8-10 a.m., 2-3 times per week • Agree to Litter Collection Plan • Plan to eventually obtain liquor license • Will use existing black iron venting Mr. Gingold stated that he wanted to condition that employees cannot park on the street, to which the rest of the ZBA agreed. 421 of 567 Page 3 of 5 Zoning Board of Appeals Luke Farrin, adjacent property owner, stated that his garage abuts the alley and it can be difficult to maneuver during the winter. Mr. Merdinger responded that the deliveries will not take long. If deliveries conflict with when Mr. Farrin exits his residential garage, they can work it out. The ZBA entered into deliberations. Ms. Berns noted that hours of operation should be somewhat limited due to the close proximity of residential uses. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Hours of Operation: 9 a.m. to 11 p.m., 7 days a week 2. Employees may not park on the street. 3. Must comply with Litter Collection and Garbage Pick-Up Plans 4. The project must be in substantial compliance of the documents and testimony on record The motion was seconded by Ms. McLennan and approved 7-0. 521 Ridge Avenue ZBA 14ZMJV-0156 Kenneth Hazlett, architect, applies for major zoning relief to establish one open parking space in the front yard. The applicant requests an open parking space that is not within 30’ of the rear property line where open parking is only permitted within 30’ of a rear property line (Zoning Code Section 6-4-6-3-B-18), open parking in the front yard where open parking is prohibited (Zoning Code Section 6-8-2-8-A-1), and open parking in front of the principal structure where open parking is prohibited (Zoning Code Section 6-16-2-1-C-1). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Ken Hazlett, architect, explained the proposal: • Huge grade change from rear yard, which is a very long yard • Just want a front yard drop off place; not meant to act as a permanent parking space • Considered running driveway up from the back of the property, but it would end up 1- story lower than the house and would require stairs. Need accessible entrance because they plan to live in the house as the owners age. Harold Gerber, owner, further explained the proposal: • Front parking would only be for dropping off purposes • Very difficult for elderly friends who visit the property • Discussed project with neighbors and will address any concerns that may arise Pater Canberres, concerned citizen, asked what concerns have been raised amongst neighbors. Mr. Gerber responded that headlights shining into neighbor’s kitchen to the north are a concern, so they are installing a solid wall/fence to mediate. There will be no overnight parking except for occasional guests. 422 of 567 Page 4 of 5 Zoning Board of Appeals Mr. Canberres asked if other properties north of Oakton have 2 curb cuts. Chair Rodgers stated that some properties do, others might have circular drives. Ms. Klotz noted that a circular drive is not allowed at this property due to inadequate lot width. Chair Rodgers asked if there was a parking space in the rear next to the garage. Mr. Gerber said the space was left over from many years ago when the property had a barn. The ZBA entered into deliberations. Ms. Berns noted that the hardship sounds like it was created by the owner. Ms. McLennan asked if the curb cut onto Ridge Avenue would be okay. Ms. Klotz responded that a curb cut off the alley is preferred, but not an option. The Public Works representative at the DAPR meeting had no concerns since the car will turn around and not have to back out on to Ridge. Mr. Gingold noted that this lot is unique and that the hardship was not created by the owner. Chair Rodgers stated that this property has good access off of Elmwood Avenue with plenty of space for parking not located in the front yard. Mr. Gingold noted that front yard parking on Ridge is common, to which Chair Rodgers countered that this was true for houses with no other access. This property has access off of Elmwood. Mr. Gallimore noted that the +150’ walk from the garage creates a hardship as the owners age. Ms. Berns asked Mr. Gallimore if he would feel the same way if the owners were young, to which he responded, yes, no matter what age that is a long walk to unload items. Ms. Cullen noted that locating the garage closer to shorten the walk would add a lot of pavement to the backyard. The Standards were addressed: 1. Yes 2. Yes-Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns 3. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns 4. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen, Rodgers No-Berns 5. Yes 6. Yes 7. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Remove old, extraneous curb cut off of Elmwood Avenue. 2. The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Mr. Gallimore and approved 5-2. Election of ZBA Vice Chair. Mr. Gingold motioned to appoint Ms. McLennan to ZBA Vice Chair. The motion was seconded by Ms. Cullen and approved 7-0. Ms. Klotz reminded the Board that the next ZBA meeting will take place in Room 2200. 423 of 567 Page 5 of 5 Zoning Board of Appeals The meeting adjourned at 8:35 p.m. 424 of 567 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on January 6, 2015, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for major variances specified in Section 6-4-6-3-B- 18, Section 6-8-2-8-A-1, and Section 6-16-2-1-C-1 of the Zoning Ordinance: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 7-0 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 5-2 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 5-2 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be ___X___Met _____Not Met 6-1 Case Number: 14ZMJV-0156 Address or Location: 521 Ridge Avenue Applicant: Kenneth Hazlett Proposed Special Use: Open Parking Space in the Front Yard 425 of 567 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 carried out; (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ___X___Met _____Not Met 7-0 (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 7-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; __X___Met _____Not Met 5-2 and, based upon these findings, and upon a vote __5__ in favor & __2__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Remove the old, extraneous curb cut off of Elmwood Avenue. 2. The project must be in substantial compliance of the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair Attending: Vote: Aye No ___X__ Mary Beth Berns _____ _X__ ___X___ Myrna Arevalo __X__ ____ ___X___ Scott Gingold __X__ ____ 426 of 567 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers _____ _X__ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 427 of 567 For City Council meeting of February 9, 2015 Item P5 Ordinance 12-O-15: Special Use for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Ellen Cholewa, Zoning Intern Subject: Ordinance 12-O-15, Granting a Special Use for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue Date: January 13, 2015 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 12- O-15 granting a special use permit for a Type 2 Restaurant, Clucker’s Charcoal Chicken, in the B1 Business District. The applicant has complied with all zoning requirements, and meets all of the standards for a special use for this district. This ordinance was introduced at the January 26, 2014 City Council meeting. Summary 1936 Maple Avenue is located on the west side of Maple Avenue, midblock between Foster Street and Garnett Place in the B1 Business District, and is surrounded by similar commercial uses as well as residential uses. The applicant proposes to operate Clucker’s Charcoal Chicken, a Type 2 Restaurant, offering fast-casual dining and a substantial amount of delivery service. Pending approval of a liquor license, beer and wine will also be available to customers. The applicant currently owns and operates a Clucker’s Charcoal Chicken in Highwood, Illinois. Clucker’s Charcoal Chicken intends to operate from 11 a.m. to 11 p.m. seven days a week. Seating will accommodate approximately 26 seated patrons. Sixteen parking spaces are located on-site for all uses within the building. The applicant anticipates the restaurant will feature 8-10 employees per shift, and most employees will utilize public transportation or walk to work. Deliveries to the restaurant will occur at the rear of the building via the alley between 8 a.m. and 10 a.m. two to three times per week. Vehicles Memorandum 428 of 567 that deliver to customers will either park on-site or in the Northwestern parking lot across the street. The applicant expects 40% of business to be delivery. New signage will be added to the exterior. No other exterior modifications are proposed. The applicant has agreed to follow the Litter Collection and Garbage Pickup Plan. One adjacent property owner raised concerns about delivery trucks blocking access to his garage that is just north of the subject property off of the alley. The applicant committed to working with the adjacent property owner to ensure deliveries do not interfere with the garage access. Neighborhood Benefit The neighborhood will benefit from having a well-established, health-conscious business that will enhance the surrounding area by occupying a currently underutilized commercial space and encourage economic revitalization. Comprehensive Plan The Evanston Comprehensive General Plan encourages the use of existing spaces along existing commercial corridors that can add sales tax revenue and encourage vibrant business districts. The Comprehensive Plan specifically includes: Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Clucker’s Charcoal Chicken will utilize the restaurant space that is currently vacant and was previously occupied by Café Mud, and will encourage pedestrian activity and economic revitalization in the surrounding business district. Legislative History January 6, 2015: The ZBA recommended unanimous approval of the special use permit for a Type 2 Restaurant with the following conditions: 1. Hours of Operation between 9 a.m. and 11 p.m., 7 days a week 2. Employees may not park on the street 3. Must comply with Litter Collection and Garbage Pick-Up Plans 4. The project must be in substantial compliance of the documents and testimony on record Attachments Proposed Ordinance 12-O-15 January 6, 2015 ZBA Draft Meeting Minutes ZBA Findings January 6, 2015 ZBA Packet - http://www.cityofevanston.org/assets/01.06.15%20ZBA%20Packet.pdf 429 of 567 1/12/2015 12-O-15 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1936 Maple Avenue in the B1 Business District (“Clucker’s Charcoal Chicken”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on January 6, 2015, pursuant to proper notice, to consider case no. 14ZMJV-0155, an application filed by Reed Merdinger, potential lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1936 Maple Avenue (the “Subject Property”) and located in the B1 Business District, for a Special Use Permit to establish, pursuant to Subsection 6-9-2-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Clucker’s Charcoal Chicken,” on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of January 26, 2015, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 14ZMJV-0155; and 430 of 567 12-O-15 ~2~ WHEREAS, at its meetings of January 26, 2015 and February 9, 2015, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant on the Subject Property as applied for in case no. 14ZMJV- 0155. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. 431 of 567 12-O-15 ~3~ C. Hours of Operation: The Applicant shall operate the Type 2 Restaurant authorized by this ordinance only between the hours of 9:00 a.m. and 11:00 p.m., seven days a week. D. Employee Parking: Employees shall not park on the street during hours of operation. E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 432 of 567 12-O-15 ~4~ Introduced:_________________, 2015 Adopted:___________________, 2015 Approved: __________________________, 2015 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 433 of 567 12-O-15 ~5~ EXHIBIT A LEGAL DESCRIPTION PARCEL 1: THE SOUTH 30 FEET OF LOTS 45, 46, 47, AND 48 IN J.B. HOBB’S SUBDIVISION OF PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, W EST OF RIDGE AVENUE OR GREEN BAY ROAD, IN COOK COUNY, ILLINOIS. PARCEL 2: THE NORTH 80 FEET OF LOTS 45, 46, 47 AND 48 IN J.B. HOBB’S SUBDIVISION OF PART OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, W EST OF RIDGE AVENUE OR GREEN BAY ROAD, IN COOK COUNTY, ILLINOIS. PINs: 11-18-107-044-0000 COMMONLY KNOWN AS: 1936 Maple Avenue, Evanston, Illinois. 434 of 567 Page 1 of 5 Zoning Board of Appeals DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, January 6, 2015 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Violetta Cullen, Mary Beth Berns, Beth McLennan, Andrew Gallimore, Myrna Arevalo, Scott Gingold Members Absent: Staff Present: Melissa Klotz, Mario Treto, Lorrie Pearson Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:05 pm. Approval of Minutes The minutes from the December 16, 2014 Zoning Board of Appeals meeting were motioned for approval. Ms. Cullen made the motion and it was seconded by Mr. Gallimore. The motion was approved 5-0, 1 member abstained. New Business 2524 Cowper Avenue ZBA 14ZMJV-0152 Vince Weber, architect, applies for major zoning relief to convert an existing one-car attached garage into livable space with an addition, and construct a one-story mudroom addition and two- car detached garage. The applicant requests 36.4% building lot coverage where a maximum 30% is allowed (Zoning Code Section 6-8-2-7), a 26.2’ front yard setback where 27’ is required (Zoning Code Section 6-8-2-8-A-1), and a 2.9’ north interior side yard setback where 5’ is required (Zoning Code Section 6-8-2-8-A-3). The Zoning Board of Appeals is the determining body for this case. . Ms. Klotz read the case into the record. Vince Weber, architect, explained the proposal: • Owners have resided there since 2007 • More living space is needed (home office, music room, and storage space) • Want to be able to protect car from weather elements; existing garage can’t fit any cars with a lawnmower, etc. • Wish to remove driveway for greener front yard • Substandard lot size • Parking will become compliant with new 2-car detached garage instead of existing 1-car attached garage • All nearby properties have rear garages • Meets all the Standards Jason Hecker, owner, further explained the proposal: • Want to stay in home, but need more living space • Neighbors to the north and south have no objections Ms. Berns asked if an impervious surface variance was necessary. Ms. Klotz answered that the variance had been revised out of the application. The impervious surface coverage percentage 435 of 567 Page 2 of 5 Zoning Board of Appeals will remain the same by removing the driveway and using pavers for the walkways. The zoning analysis provided in the packet is outdated. Chair Rodgers inquired as to what was currently on top of the garage. Mr. Weber answered that a roof deck with bedroom accessibility was located there and stated the door would be replaced with an egress window. Ms. Berns asked why the proposed garage roof line is higher than the mudroom roof. Mr. Weber noted that there is a step down to mudroom level. The ZBA entered into deliberations. Ms. McLennan stated her approval of the proposal since the impervious surface coverage is not increasing. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Pervious pavers required for rear walk. 2. Driveway and apron must be removed. The motion was seconded by Ms. Cullen and approved 7-0. 1936 Maple Avenue ZBA 14ZMJV-0155 Reed Merdinger, potential lessee, applies for a special use permit for a Type 2 Restaurant, Clucker’s Charcoal Chicken, at 1936 Maple Avenue. 1936 Maple Avenue is located in the B1 Business District, which requires a special use permit for a Type 2 Restaurant to operate (Zoning Code Section 6-9-2-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Reed Merdinger, potential lessee, explained the proposal: • Upscale fast casual • Charcoal-grilled healthy product • Like location because near campus • Anticipate 40% delivery, 5%pickup (which is why it is considered a Type-2) • Employees/deliveries will use on-site lot and Northwestern University parking lot • Hours of operation: 11 a.m. to 11 p.m. • Most employees will use public transit • Maximum of 8-10 employees per shift • Truck deliveries to occur in rear parking lot between 8-10 a.m., 2-3 times per week • Agree to Litter Collection Plan • Plan to eventually obtain liquor license • Will use existing black iron venting Mr. Gingold stated that he wanted to condition that employees cannot park on the street, to which the rest of the ZBA agreed. 436 of 567 Page 3 of 5 Zoning Board of Appeals Luke Farrin, adjacent property owner, stated that his garage abuts the alley and it can be difficult to maneuver during the winter. Mr. Merdinger responded that the deliveries will not take long. If deliveries conflict with when Mr. Farrin exits his residential garage, they can work it out. The ZBA entered into deliberations. Ms. Berns noted that hours of operation should be somewhat limited due to the close proximity of residential uses. The Standards were addressed: 1. Yes 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes 8. Yes 9. Yes Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Hours of Operation: 9 a.m. to 11 p.m., 7 days a week 2. Employees may not park on the street. 3. Must comply with Litter Collection and Garbage Pick-Up Plans 4. The project must be in substantial compliance of the documents and testimony on record The motion was seconded by Ms. McLennan and approved 7-0. 521 Ridge Avenue ZBA 14ZMJV-0156 Kenneth Hazlett, architect, applies for major zoning relief to establish one open parking space in the front yard. The applicant requests an open parking space that is not within 30’ of the rear property line where open parking is only permitted within 30’ of a rear property line (Zoning Code Section 6-4-6-3-B-18), open parking in the front yard where open parking is prohibited (Zoning Code Section 6-8-2-8-A-1), and open parking in front of the principal structure where open parking is prohibited (Zoning Code Section 6-16-2-1-C-1). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Ken Hazlett, architect, explained the proposal: • Huge grade change from rear yard, which is a very long yard • Just want a front yard drop off place; not meant to act as a permanent parking space • Considered running driveway up from the back of the property, but it would end up 1- story lower than the house and would require stairs. Need accessible entrance because they plan to live in the house as the owners age. Harold Gerber, owner, further explained the proposal: • Front parking would only be for dropping off purposes • Very difficult for elderly friends who visit the property • Discussed project with neighbors and will address any concerns that may arise Pater Canberres, concerned citizen, asked what concerns have been raised amongst neighbors. Mr. Gerber responded that headlights shining into neighbor’s kitchen to the north are a concern, so they are installing a solid wall/fence to mediate. There will be no overnight parking except for occasional guests. 437 of 567 Page 4 of 5 Zoning Board of Appeals Mr. Canberres asked if other properties north of Oakton have 2 curb cuts. Chair Rodgers stated that some properties do, others might have circular drives. Ms. Klotz noted that a circular drive is not allowed at this property due to inadequate lot width. Chair Rodgers asked if there was a parking space in the rear next to the garage. Mr. Gerber said the space was left over from many years ago when the property had a barn. The ZBA entered into deliberations. Ms. Berns noted that the hardship sounds like it was created by the owner. Ms. McLennan asked if the curb cut onto Ridge Avenue would be okay. Ms. Klotz responded that a curb cut off the alley is preferred, but not an option. The Public Works representative at the DAPR meeting had no concerns since the car will turn around and not have to back out on to Ridge. Mr. Gingold noted that this lot is unique and that the hardship was not created by the owner. Chair Rodgers stated that this property has good access off of Elmwood Avenue with plenty of space for parking not located in the front yard. Mr. Gingold noted that front yard parking on Ridge is common, to which Chair Rodgers countered that this was true for houses with no other access. This property has access off of Elmwood. Mr. Gallimore noted that the +150’ walk from the garage creates a hardship as the owners age. Ms. Berns asked Mr. Gallimore if he would feel the same way if the owners were young, to which he responded, yes, no matter what age that is a long walk to unload items. Ms. Cullen noted that locating the garage closer to shorten the walk would add a lot of pavement to the backyard. The Standards were addressed: 1. Yes 2. Yes-Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns 3. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns 4. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen, Rodgers No-Berns 5. Yes 6. Yes 7. Yes- Arevalo, Gingold, Gallimore, McLennan, Cullen No- Rodgers, Berns Mr. Gingold motioned to recommend approval of the proposal with the following conditions: 1. Remove old, extraneous curb cut off of Elmwood Avenue. 2. The project must be in substantial compliance of the documents and testimony on record. The motion was seconded by Mr. Gallimore and approved 5-2. Election of ZBA Vice Chair. Mr. Gingold motioned to appoint Ms. McLennan to ZBA Vice Chair. The motion was seconded by Ms. Cullen and approved 7-0. Ms. Klotz reminded the Board that the next ZBA meeting will take place in Room 2200. 438 of 567 Page 5 of 5 Zoning Board of Appeals The meeting adjourned at 8:35 p.m. 439 of 567 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of After conducting a public hearing on January 6, 2015, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-9-2-3 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 7-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 7-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 7-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 7-0 Case Number: 14ZMJV-0155 Address or Location: 1936 Maple Avenue Applicant: Reed Merdinger Proposed Special Use: Restaurant-Type 2, Clucker’s Charcoal Chicken, in B1 District 440 of 567 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 7-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 7-0 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 7-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 7-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 7-0 and, based upon these findings, and upon a vote __7__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. Hours of Operation between 9 a.m. and 11 p.m., 7 days a week. 2. Employees may not park on the street. 3. Litter Collection and Garbage Plan 4. The project must be in substantial compliance of the documents and testimony on record. _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair 441 of 567 P LANNING AND Z ONING D IVISION 847‐866‐2930 | zoning@cityofevanston.org Community Development Department 847‐448‐8126 à www.cityofevanston.org/zoning 2100 Ridge Ave., Rm. 3700 Evanston, IL 60201 Attending: Vote: Aye No ___X__ Mary Beth Berns __X__ ____ ___X___ Myrna Arevalo __X__ ____ ___X___ Scott Gingold __X__ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 442 of 567 For City Council meeting of February 9, 2014 Item O1 Business of the City by Motion: Façade Improvement for Lucky Platter For Action To: Honorable Mayor and Members of the City Council From: Johanna Nyden, Economic Development Division Manager Meagan Jones, Economic Development Coordinator Subject: Approval of Financial Assistance through the Façade Improvement Program for Lucky Platter Date: January 29, 2015 Recommended Action: The Economic Development Committee and staff recommend approval of financial assistance for a façade improvement project for Lucky Platter located at 514 Main Street (PIN: 11-19-401-008-0000), on a 50/50 cost sharing basis in an amount not to exceed $10,000. Funding Source: The Economic Development Committee and staff recommend utilizing funds from the Economic Development Fund’s Business District Improvement Account (21.225.5300.65522). The approved Fiscal Year 2015 Budget allocated a total of $250,000 for this account to fund both the Façade Improvement and Great Merchant Grant programs. To date no money has been spent or allocated from this account. Summary: The façade improvement project proposed for Lucky Platter is for upgrades to its existing location at 514 Main Street. The project includes extensive improvements to the restaurant’s façade with tuckpointing, painting, installation of new windows, signage, lighting and an accessible entryway. This project is eligible under the guidelines of the program. The store owners secured four bids for this project and in total, the work is estimated to cost $21,339. The storefront is a total of 35 linear feet which would make Lucky Platter eligible for up to $10,000 for work associated with property on a 50/50 cost sharing basis. The property owner is in support of the project; however, the bank lender for the project is not amenable to the potential of having a lien placed on the property. The Economic Development Committee recommends a personal guarantee in lieu of the lien. Memorandum 443 of 567 The property owner is in good standing with their property taxes according to the Cook County Treasurer’s office. Legislative History: At its January 28, 2015 meeting, the Economic Development Committee voted unanimously (10 - 0) to recommend the approval of this project to City Council with the condition that a personal guarantee for this amount be signed in lieu of a lien. Attachments: - Application - Estimates - Before photos of property Page 2 of 2 444 of 567 445 of 567 446 of 567 447 of 567 448 of 567 449 of 567 450 of 567 451 of 567 452 of 567 453 of 567 454 of 567 455 of 567 456 of 567 457 of 567 458 of 567 459 of 567 460 of 567 461 of 567 462 of 567 For City Council meeting of February 9, 2015 Item O2 Resolution 9-R-15: Corrado Cutlery Request to Modify Loan Agreement 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 9-R-15, Authorizing the City Manager to Negotiate the Modification of the Loan Agreement with Corrado Cutlery Date: January 29, 2015 Recommendation: 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. Funding Source Not Applicable Summary Jim Bilger, owner of Corrado Cutlery, has relocated his business from 716 Main Street to 1634 Payne Street to refocus on its web-based business because he has not experienced the level of retail sales he anticipated. On November 14, 2011, City Council approved a loan of $31,500 for expenses associated with the interior build out of the space. Fifty percent of the loan is forgivable if the terms of the loan are satisfactorily met. Mr. Bilger is current on this loan and will continue making loan payments until the scheduled expiration date in April 2015. However Section II(d) of the agreement requires the City to collect the forgivable portion of the loan if Corrado Cutlery fails to comply with all terms of the Agreement. By closing the retail storefront before the end of the loan term, Mr. Bilger is not in compliance with Section III(m) which gives the City the authority to “exercise its rights pursuant to the security agreement” (attached). Furthermore, with the less than anticipated revenues, Mr. Bilger was unable to hire two full time employees during the three years in operation violating Section III(j) of the Loan Agreement. As outlined in Section 1 of the Security Agreement, the City has secured rights to “all furnishings installed at the property” paid for with the economic development loan Memorandum 463 of 567 including “furniture, fixtures, furnishings, and equipment.” City funds were used to purchase and install cabinets, upgrade electrical, purchase and install of a transparent storefront glass security screen, carpeting, and a storefront sign. Staff seeks, with a recommendation from the Economic Development Committee, City Council authorization for the City Manager to negotiate a modification of the Loan Agreement by allowing Mr. Bilger to settle the default in this Agreement by remaining current on loan payments through the end of the loan term April 2015. Mr. Bilger worked diligently to maintain his business on Main Street for three years despite the low sales volume. Furthermore, he has relocated his business in Evanston on Payne Street and is considering offering a small retail presence for those customers who prefer to purchase/pick up their product directly. Staff believes that forcing Mr. Bilger to comply with Section II(d) by forcing repayment of the forgivable portion of the loan would cause undue harm on his business moving forward. Legislative History At its January 28, 2015 meeting, the Economic Development Committee voted 10-0 to recommend the City Council authorize the city manager to negotiate the loan modification Attachments: -Economic Development Committee Memo -Resolution 9-R-15 464 of 567 1/27/2015 9-R-15 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Loan Modification with Corrado Cutlery, LLC WHEREAS, the City of Evanston and Corrado Cutlery, LLC, an Illinois limited liability company (“Corrado Cutlery”) entered into a construction loan agreement (the “Loan Agreement”) dated January 25, 2012 for a loan in the principal amount of Thirty-One Thousand Five Hundred and no/100 Dollars ($31,500.00) (the “Loan”), the Loan Agreement is attached and incorporated herein as Exhibit 1; and; and WHEREAS, the Loan was provided to Corrado Cutlery to fund the renovation of the commercial storefront at 716 Main Street for the future operation of a retail goods establishment at the property; and WHEREAS, the Loan Agreement specifies that if Corrado Cutlery paid half of the Loan ($15,750.00) and complied with certain public benefits, which includes the (a) creation of two (2) full-time positions and one (1) part-time position, and (b) Corrado Cutlery must remain a Tenant at the renovated Property throughout the Loan Term, half of the Loan would be forgiven; WHEREAS, Corrado Cutlery seeks certain amendments to the terms of the Loan Agreement, including deleting the requirement that 2 full-time employee positions and one part-time employee must be created and removing the requirement that the business must be located at the property (the “Loan Modifications”); and 465 of 567 9-R-15 ~2~ WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City would be served by modifying the terms of the Loan and to maintain an existing business, NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to negotiate and execute a loan modification with Corrado Cutlery, LLC based on the following modifications: (a) delete Section 3(j), which currently requires Corrado Cutlery to create 2 full-time employees and 1 part-time employee; and (b) delete references to the requirement that Corrado Cutlery must operate its business at 716 Main Street. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the loan agreement, mortgage and promissory note as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. Prior to the City’s execution of the modified Loan Documents, the Borrower must be in good standing with the State of Illinois and must comply with all requests for documents prior to any loan modification. SECTION 3: This Resolution 9-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 466 of 567 9-R-15 ~3~ EXHIBIT 1 CONSTRUCTION LOAN AGREEMENT 467 of 567 468 of 567 469 of 567 470 of 567 471 of 567 472 of 567 473 of 567 474 of 567 475 of 567 476 of 567 477 of 567 478 of 567 479 of 567 480 of 567 481 of 567 482 of 567 483 of 567 484 of 567 485 of 567 486 of 567 For Economic Development Committee meeting of January 28, 2015 Item: 3C Corrado Cutlery Request to Modify Loan Agreement 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: Corrado Cutlery Request to Modify Loan Agreement Date: January 16, 2015 Recommended Action Staff recommends approval of a recommendation to City Council authorizing the City Manager to negotiate the modification of the loan agreement with Corrado Cutlery. Summary Jim Bilger, owner of Corrado Cutlery, has relocated his business from 716 Main Street to 1634 Payne Street to refocus on its web-based business. Corrado Cutlery has not experienced the level of retail sales on Main Street anticipated in the business plan presented to the Economic Development Committee on October 26, 2011. At this meeting, the Economic Development Committee recommended that the city council approve a loan of $31,500 for expenses associated with the interior build out of the space. Fifty percent of the loan is forgivable if the terms of the loan are satisfactorily met. Mr. Bilger is current on this loan and will continue making loan payments until the scheduled expiration date in April 2015. However Section II(d) of the agreement requires the City to collect the forgivable portion of the loan if Corrado Cutlery fails to comply with all terms of the Agreement. By closing the retail storefront before the end of the loan term, Mr. Bilger is not in compliance with Section III(m) which gives the city the authority to “exercise its rights pursuant to the security agreement” (attached). Furthermore, with the less than anticipated revenues, Mr. Bilger was unable to hire two full time employees during the three years in operation violating Section III(j) of the Loan Agreement. As outlined in Section 1 of the Security Agreement, the city has secured rights to “all furnishings installed at the property” paid for with the economic development loan including “furniture, fixtures, furnishings, and equipment.” The city funds were used to purchase and install cabinets, upgrade electrical, purchase and install of a transparent storefront glass security screen, carpeting, and a storefront sign. Memorandum 487 of 567 Staff seeks a recommendation from the Economic Development Committee to the City Council to modify the Loan Agreement by allowing Mr. Bilger to settle the default in this Agreement by remaining current on loan payments through the end of the loan term April 2015. Mr. Bilger worked diligently to maintain his business on Main Street for three years despite the low sales volume. Furthermore, he has relocated his business in Evanston on Payne Street and is considering offering a small retail presence for those customers who prefer to purchase/pick up their product directly. Staff believes that forcing Mr. Bilger to comply with Section II(d) by forcing repayment of the forgivable portion of the loan would cause undue harm on his business moving forward. Background Corrado Cutlery was founded in 1905 in downtown Chicago and remained there until 2002. Corrado Cutlery’s product mix focuses on the best quality knives, scissors, manicuring implements, Swiss Army products, men’s shaving, shave creams, optical goods, and toiletries, and also offers knife and scissor sharpening services Jim Bilger, President and sole owner of Corrado Cutlery, LLC acquired a stake in the company in 1991 and has been sole owner since 2005. Mr. Bilger is an Evanston resident. Prior to opening on Main Street, he operated Corrado Cutlery as an online business in Evanston from his office at 1522 Greenleaf (www.corradocutlery.com). Attachments -Loan Agreement -Security Agreement 488 of 567 489 of 567 490 of 567 491 of 567 492 of 567 493 of 567 494 of 567 495 of 567 496 of 567 497 of 567 498 of 567 499 of 567 500 of 567 501 of 567 502 of 567 503 of 567 504 of 567 505 of 567 506 of 567 507 of 567 508 of 567 509 of 567 510 of 567 511 of 567 512 of 567 For City Council meeting of February 9, 2015 Items O3 and O4 Resolution 19-R-15: Forgivable Loan Agreement with ZS Associates Resolution 10-R-15: Hotel-Motel Tax Sharing Agreement with ZS Associates 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 19-R-15 Authorizing the City Manager to Negotiate and Execute a Forgivable Loan Agreement with ZS Associates Resolution 10-R-15 Authorizing the City Manager to Negotiate and Execute a Hotel-Motel Tax Sharing Agreement with ZS Associates, Inc. Date: January 29, 2015 Recommendation: The Economic Development Committee recommends City Council consider 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. This request includes $300,000 in relocation assistance and a hotel room occupancy tax sharing agreement for existing and future hotel tax payments. O3 Resolution 19-R-15 Authorizing the City Manager to Negotiate and Execute a Forgivable Loan Agreement with ZS Associates O4 Resolution 10-R-15 Authorizing the City Manager to Negotiate and Execute a Hotel-Motel Tax Sharing Agreement with ZS Associates, Inc. Funding Source Staff recommends funding the retention of ZS Associates with Economic Development Fund Balance (#225.21.5300.62662) and a share of future hotel-motel tax revenues. Summary ZS Associates was founded in 1983 by Andy Zoltners and Prabha Sinha, both PhDs who were teaching at Northwestern University. They combined academic research with business leadership to grow the company over the last 30 years into one of the world’s Memorandum 513 of 567 leading sales and marketing consulting firms with 22 offices globally. ZS provides a range of sales and marketing strategies to the pharmaceutical industry in addition to business-to-business organizations across all industries. ZS employees approximately 3,400 people globally, with approximately 1,900 in India. Staff has been working with ZS Associates for several years as it considered options for relocating its world headquarters from 1800 Sherman when its lease expires 12/31/2019 (with a termination option in 2017). ZS is the only non-Northwestern University entity in the building, spread out over several non-contiguous floors. The owner of 1800 Sherman, Northwestern University, has indicated its need for the space ZS Associates occupies in the building and the lease will not be renewed. ZS has considered several options to relocate its world headquarters including consolidating space at an existing downtown Chicago location, other local communities, and Evanston. In recent weeks ZS Associates has identified office space at One Rotary Center (1560 Sherman) that would meet its needs and has entered into entered into a 15 year lease on the space beginning January 1, 2017. The lease is subject to two contingencies which give ZS the ability to withdraw from the commitment before March 31, 2015: 1) a satisfactory termination agreement with Northwestern University; and 2) financial assistance from the City of Evanston. ZS Associates reports they have negotiated a satisfactory termination agreement with Northwestern University. Northwestern University has agreed to reduce the termination fee to $375,000 from $860,000 and forgo an estimated $1.5 million in rent. The Economic Development Committee directed the City Manager to ask Northwestern University to further reduce the termination fee. The University’s response to this request is attached to this memo. ZS Associate’s lease of 47,000 square feet in the Rotary Building not only resolves the vacancy challenge at the Rotary Building created by Pivot Point’s recent decision to relocate from Evanston in the near future, but creates a more valuable building with two significant global headquarters under one roof. Rotary International and ZS Associates have compatible workforces and a shared global focus. Additionally, ZS Associates will benefit from the amenity spaces Rotary International has built in recent years, including state of the art conferencing with foreign language translation capabilities. ZS Associates estimates the cost of building the new 47,000 square foot headquarters on the 6th, 7th, and 8th floors of 1560 Sherman will exceed $7 million as summarized in the table that follows. Rotary is contributing $85 per square foot for tenant improvements resulting in a total cost to ZS Associates of approximately $3 million. 514 of 567 Description Cost Cost / Sq Ft Tenant Improvements $4,230,000 $90 Furniture, Fixtures & Equipment $1,739,000 $37 Soft Costs (architects, other consultants) $470,000 $10 Moving Costs $246,750 $5 Early Termination Fee $375,000 Total $7,060,750 $150 Rotary International Tenant Improvement Allowance -$3,995,000 $85 ZS Associates Responsibility $3,065,750 On the 6th floor, ZS Associates is planning a showcase space that will serve as a reception area for clients, conference rooms, and interview space. The space will help with recruiting and retaining talent. The cost of this space is estimated to be $1,370,000 ($137/sq ft). ZS Associates is seeking $750,000 from the City of Evanston to cover the cost of constructing this space and guarantee the retention of their global headquarters in Evanston. The City’s assistance will allow ZS Associates to expedite the decision to execute the lease at the Rotary Building. Contiguous space of the quantity large enough to accommodate their headquarters plans is not often available in Evanston. The opportunity to find comparable space in Evanston in the future is highly uncertain. Furthermore, time is of the essence. Rotary International’s March 31, 2015 contingency deadline: 1) allows for the relocation of existing tenants to upper floors (nine months through end of 2015); 2) provides the time ZS needs to build out the space (12 months beginning 2016); and 3) allows ZS Associates to open for operations in 2017. Proposed Loan Terms and Tax Sharing Agreement Staff recommends a forgivable loan funded through a combination of Economic Development Fund and hotel tax revenue sharing. A total of $300,000 from the Economic Development Fund Balance is recommended to offset the cost of moving to 1560 Sherman and a portion of the build out. The first draw against the Economic Development Fund Balance would occur in budget year 2016 when ZS Associates begins construction. In addition to the proposed loan, staff recommends a hotel occupancy tax revenue sharing agreement detailed in Resolution 10-R-15, attached. ZS Associates currently generates approximately 5,000 hotel room nights per year in downtown Evanston which yields approximately $60,000 in hotel occupancy tax revenue annually. ZS Associates anticipates increasing the number of hotel room nights in future years as its business 515 of 567 continues to grow and it relocates its largest annual meeting from Skokie to downtown Evanston. Staff proposes providing ZS Associates 50% of the existing annual hotel occupancy tax revenue generated by ZS Associates hotel bookings not to exceed $30,000 for a period of eight years beginning January 1, 2016. To incentivize ZS Associates to host additional meetings in, and relocate larger meetings to, downtown Evanston, Staff proposes to share 75% of hotel occupancy tax revenue above their current level totaling an amount not to exceed $22,500 annually for a period of eight years beginning January 1, 2016. The following are proposed terms and conditions of the funding agreement: 1) The loan would be forgivable over a period of 8 years. 2) In the event ZS Associates closes the headquarters during the terms of the agreement, a portion of the City’s investment would be repaid based on portion of loan forgiven; 3) City would issue the $300,000 following the issuance of a Final Certificate of Occupancy at 1560 Sherman. 4) For a period of eight years, on an annual basis, the City will reimburse 50% of the hotel tax revenue up to a total of $30,000. 5) For a period of eight years, on an annual basis, the City will reimburse 75% of the hotel tax revenue from the room nights by ZS Associates above the current level at an amount not to exceed $22,500 annually. 6) Forgivable loan would be recorded against the deed 7) ZS Associates will maintain at least 325 employees at the headquarters during the term of the agreement 8) ZS Associates will employ five participants in the Mayor’s Summer Youth Employment Program each year of the agreement. Staff will work with ZS Associates to identify a plan for supporting the Evanston Non- Profit community through volunteerism and/or sponsorships Public Benefits In addition to the $2 million in estimated annual expenditures in Evanston by ZS Associates employees, (generating approximately $40,000 in annual sales tax revenues) ZS Associates commits to participate in the Mayor’s Summer Youth Employment Program by hiring at least five participants annually. Furthermore, ZS Associates long term lease of 47,000 square feet in the Rotary Building solidifies the value of the real estate asset from a property tax assessment perspective. In addition, staff is pursuing a number of additional public benefits more directly linked to the City’s livability goals. ZS Associates commits to the following: 516 of 567 1. Recycling and waste reduction through onsite recycling containers; 2. Encouraging multi-modal transportation through commuter benefits program using pre-tax dollars; 3. Housing assistance costs by offsetting costs of realtor, application fees, closing and commission costs, and travel expenses; 4. Health insurance coverage exceeding 50% of the cost of health insurance premiums for full time employees; and 5. Wages that surpass Cook County’s per capita annual income of $30,048. Legislative History The Economic Development Committee considered this matter at its January 28, 2015 meeting. The Committee voted to refer the matter for consideration by the City Council. Attachments: Resolution 19-R-15 Loan Agreement Resolution 10-R-15 Hotel Motel Tax Revenue Sharing Agreement Economic Development Committee Memo Communication from Northwestern University, February 3, 2015 517 of 567 1/27/2015 19-R-15 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Forgivable Loan Agreement with ZS Associates, Inc. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute the Forgivable Loan Agreement, attached hereto as Exhibit 1, the terms are incorporated herein by reference, with ZS Associates, Inc., an Illinois corporation. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Forgivable Loan 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 19-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 518 of 567 19-R-15 ~ 2 ~ EXHIBIT 1 Forgivable Loan Agreement 519 of 567 82920385\V-5 FORGIVABLE LOAN AGREEMENT This Forgivable Loan Agreement (the “Agreement”), is entered into by and between THE CITY OF EVANSTON, an Illinois municipal corporation (“Lender”) and ZS ASSOCIATES, 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 Economic Development Fund (“ED Fund”); and WHEREAS, the Borrower requested funding to cover costs of relocation and renovation costs for the commercial office space to be located at 1560 Sherman Avenue, Evanston, IL 60201 (“Subject Property”) in order to move its office from 1800 Sherman Avenue to the Subject Property and will be leasing approximately 47,000 square feet of office space (the “Project”); and WHEREAS, the City seeks to retain the City’s largest commercial business with ED funds, and WHEREAS, the Lender has authorized an expenditure of up to Three Hundred Thousand and no/100 Dollars ($300,000.00) 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 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, ZS Associates, 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 a Final Certificate of 520 of 567 82920385\V-5 - 2 - Occupancy has been issued, and to the satisfaction of Borrower, as evidenced by final payment to the contractor from Property Owner 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 ED Fund loaned to Borrower for purposes of assisting with the funding the Project, which shall not exceed Three Hundred Thousand and no/100 Dollars ($300,000.00), the amount approved by City Council Resolution 19-R-15 5. “Loan Term” means how long the Loan exists and expiration of the Parties requirements under this Agreement, which is eight (8) years in this Agreement. 6. “Date of Reimbursement” means the date that the Lender issues the reimbursement payment to Borrower which is after the Final Certificate of Occupancy is issued for the Building. If the 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 1560 Sherman Avenue, Evanston, IL 60201 and commonly known as “One Rotary Center”. Borrower will be leasing a significant portion of the Subject Property. 9. “Total Project Expenditure” means the total actual Project costs incurred by and paid for by Borrower or Property Owner including the costs of construction, materials, fixtures, and supplies. 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 Three Hundred Thousand and no/100 Dollars ($300,000.00) (the “Loan”), to be amortized and forgivable over a period of eight (8) years ((96) ninety-six 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. 521 of 567 82920385\V-5 - 3 - 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. The interest rate will be calculated on the 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, 8, 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 4. Forgiveness Schedule: 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 A (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. 5. Guaranty: To support repayment of the Loan, the Borrower will ensure that a guaranty for all principal and interest under the Loan which remains unforgiven over the Loan Term is issued (the “Guaranty”), which is attached as Exhibit B and incorporated herein as if fully restated. 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 the building permit authorized by the Building & Inspection Services Division of the Community Development Department, for the construction and operation of the headquarters office use of the Subject Property, which will consist of leasing 47,000 gross square feet of office space. Borrower acknowledges that this Agreement is conditioned on the Borrower renovating the Subject Property and remaining a Tenant of the Subject Property with approximately the same size of leased commercial space during the Loan Term. If a portion of the Borrower’s leased space is reduced or the lease is terminated prior to the end of the Loan Term, which is an immediate default of this Agreement. 522 of 567 82920385\V-5 - 4 - 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 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 Forgivable Loan Agreement”), which is attached as Exhibit C. 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 Loan Term expires. D. TERMS OF REIMBURSEMENT 1. Reimbursement Payment Requirements: Reimbursement payment shall NOT be paid out until: (a) City Council has approved the Agreement; (b) the Agreement is executed; (c) Project work has completed; and (d) the Final Certificate of Occupancy has been issued. 2. Borrower hereby agrees to comply with all terms and conditions of this Agreement. 3. Reimbursement requests to the Director or his designee shall contain the following: a. All contractor invoices detailing the specific tasks completed in accordance with approved Project and Borrower must attach a spreadsheet outlining the breakdown of the Project costs attributable to the ED Funds loaned; c. Proof of payment of all invoices for all expenditures for the Project covered by this Loan; and d. Final lien releases. 5. The Reimbursement payment will be made in a lump sum after the requirements of this Section are met. 6. The Director or his designee will not issue any Reimbursement to the Borrower if there is any violation of any law, ordinance, code, regulation, or Agreement term. 523 of 567 82920385\V-5 - 5 - 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 A (“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 be responsible for hiring 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. 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, 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. 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. F. THE CITY’S RESPONSIBILITIES 1. Within a reasonable time after Borrower submits a request for a Reimbursement, the City will review the information provided by Borrower under Section D. 2. Director or his designee shall review Borrower’s request and accompanying documents for a Reimbursement Payment. If Borrower meets all its terms, conditions, and obligations under this Agreement, the Director or his designee shall issue the Payment in a lump sum 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(3). G. INSURANCE 524 of 567 82920385\V-5 - 6 - 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 City to be named as an additional insured for the Loan period. H. 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. I. 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. J. 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, resulting 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 525 of 567 82920385\V-5 - 7 - 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 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. K. 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 526 of 567 82920385\V-5 - 8 - 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 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 A. 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 527 of 567 82920385\V-5 - 9 - 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 ZS Associates, Inc. (prior to construction Completion): Attn: Prabhakant Sinha 1800 Sherman Avenue, Suite 700 Evanston, IL 60201 If to Borrower ZS Associates, Inc. (after construction completion): Attn: Prabhakant Sinha 1800 Sherman Avenue, Suite 700 Evanston, IL 60201 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, o r 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. 528 of 567 82920385\V-5 - 10 - 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 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. 529 of 567 82920385\V-5 - 11 - 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. [SIGNATURES ON FOLLOWING PAGE] 530 of 567 82920385\V-5 - 12 - IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date executed by the Lender. OWNER: ZS ASSOCIATES, INC., an Illinois corporation By: Christopher Wright Its President Dated: ________________________ LENDER: CITY OF EVANSTON, an Illinois municipal corporation By: Wally Bobkiewicz Its City Manager Dated: ________________________ 531 of 567 82920385\V-5 City of Evanston – Forgivable Loan – ZS Associates P a g e | 13 STATE OF ________ ) ) SS. COUNTY OF _______ ) I, ______________________________________, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Christopher Wright in his capacity as president of ZS Associates, 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 signed and delivered the said instrument as his 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: 532 of 567 82920385\V-5 City of Evanston – Forgivable Loan – ZS Associates P a g e | 14 EXHIBIT A LOAN FORGIVENESS SCHEDULE 533 of 567 82920385\V-5 City of Evanston – Forgivable Loan – ZS Associates P a g e | 15 EXHIBIT B GUARANTY Borrower: ZS Associates, Inc. Lender: City of Evanston Guarantor: Christopher Wright Principal Amount: $300,000 Loan Term: 8 years (96 months) Guaranty Term: 8 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 lis ted 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. 534 of 567 82920385\V-5 City of Evanston – Forgivable Loan – ZS Associates P a g e | 16 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. 535 of 567 82920385\V-5 City of Evanston – Forgivable Loan – ZS Associates P a g e | 17 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 inten tions 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 536 of 567 82920385\V-5 City of Evanston – Forgivable Loan – ZS Associates P a g e | 18 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 ZS Associates, Inc., and its successors and assigns. GAAP. The word “GAAP” means generally accepted accounting principles. Guarantor. The word “Guarantor” means the individual, Christopher Wright. 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 537 of 567 82920385\V-5 City of Evanston – Forgivable Loan – ZS Associates P a g e | 19 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: Christopher Wright By: _________________________________ 538 of 567 82920385\V-5 City of Evanston – Forgivable Loan – ZS Associates P a g e | 20 EXHIBIT C MEMORANDUM OF FORGIVABLE LOAN AGREEMENT 539 of 567 1/21/2015 10-R-15 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Hotel-Motel Tax Sharing Agreement with ZS Associates, Inc. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute the Hotel-Motel Tax Sharing Agreement, attached hereto as Exhibit 1, the terms are incorporated herein by reference, with ZS Associates, Inc., an Illinois corporation. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Hotel-Motel Tax Sharing 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 10-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 540 of 567 10-R-15 ~ 2 ~ EXHIBIT 1 Hotel-Motel Tax Sharing Agreement 541 of 567 82920385\V-5 HOTEL-MOTEL TAX SHARING AGREEMENT THIS HOTEL-MOTEL TAX SHARING AGREEMENT (“Agreement”) is entered into this”), by and between the CITY OF EVANSTON, Illinois, an Illinois home rule municipal corporation (the “City”), and ZS ASSOCIATES, INC. an Illinois corporation (the “Proprietor”) (individually, the City and Proprietor are referred to herein as a “Party” and collectively referred to as the “Parties”). RECITALS: WHEREAS, the City is a home rule municipality in accordance with Section 6(a) of Article VII of the Constitution of the State of Illinois of 1970; and WHEREAS, Proprietor operates a sales and marketing consultant business at 1800 Sherman Avenue, Evanston, Illinois and seeks to move its office and leased 47,000 square feet of office space at the commercial building known as One Rotary Center at 1560 Sherman Avenue, Evanston, Illinois (the “Property”); and WHEREAS, Proprietor will be renovating its leased spaced at the Property for its business (the “Project”); and WHEREAS, the Parties agree that extraordinary costs associated with the Project renovations require certain incentives from the City, and the incentives that will be offered to offset the Projects costs in the form of rebates from the City’s portion of the local hotel-motel taxes generated by employee and client stays at hotels and motels in the City of Evanston; and WHEREAS, the City desires to retain existing businesses, diversify the tax base, create new jobs, and provide for the general enhancement of the tax base of the City for the benefit of the City and its residents; and WHEREAS, the City has determined that providing financial assistance in the form of a hotel-motel tax sharing agreement is a proper exercise of its home rule powers and the City Council has made the following findings with respect to the Property and the Project; and A. The Project is expected to create and maintain job opportunities within the City; B. The Project will serve to further stabilize areas adjacent to the Property; C. The Proprietor meets high standards of credit-worthiness and financial strength; D. The Project will maintain the neighborhood commercial base of the City; and E. This Agreement is made in the best interest of the City. WHEREAS, the City has agreed, pursuant to the terms of this Agreement, to provide certain hotel-motel tax sharing provisions in order to insure the economic feasibility of the Project which will have the benefits described above, AGREEMENTS: NOW, THEREFORE, in consideration of the foregoing Recitals, the covenants, terms and conditions hereinafter set forth and other valuable consideration, the receipt and sufficiency of which are acknowledged, it is mutually agreed by the Parties hereto as follows: 542 of 567 82920385\V-5 - 2 - SECTION 1: Recitals. The Parties hereby agree that the Recitals set forth hereinabove are incorporated herein by reference, as if fully set forth herein. SECTION 2: Rebate. A. Rebate: This Agreement is limited only for the hotel-motel tax revenue generated from hotels or motels booked by the Proprietors employees, clients or prospective clients, or meeting/conference attendees for ZS Associates business related functions only (“Qualifying Customers”). 1. First Tier Rebate: The City agrees to rebate a portion of its revenue from the Hotel-Motel Tax transactions authorized by City Code of 2012, as amended, and received from the Illinois Department of Revenue. The First Tier Rebate issued to the Proprietor will be based on the number of rooms booked at Evanston hotels or motels. The City shall rebate $6.00 to the Proprietor for each room and up to a maximum of 5,000 rooms annually ($6 X 5,000 = $30,000). 2. Second Tier Rebate: If the First Rebate threshold is met and the total annual hotel or motel rooms rented under this Agreement by Qualifying Customers exceeds 5,000 rooms for a year, the City agrees to rebate a portion of its revenue at the rate of $9 per room up to a total of 2,500 rooms annually ($9 X 2,500 = $22,500). The Second Tier Rebate rate will only be calculated for the number of rooms over 5,000, meaning the elevated Rebate amount is limited to 2,500 rooms above the first 5,000 rooms. 3. Maximum Rebate Total: In no event will Proprietor’s Rebate exceed a total value of the combined First Tier Rebate and Second Tier Rebate, Fifty-Two Thousand Five Hundred and no/100 Dollars ($52,500). The Rebate issued also does not fluctuate based on the room rate assessed by the hotel or motel or increase based on inflation over the Rebate Term of this Agreement. B. Rebate Term: 1. The rebate term shall be eight (8) years (the “Rebate Term”) commencing on January 1, 2016 (“Rebate Term Commencement Date”) and expire on December 31, 2024. 2. The Proprietor may not petition for any additional extensions or renewals of this Agreement. C. Rebate Payments: After receipt of the hotel-motel tax revenue and tax data from the Illinois Department of Revenue, the City will issue the Rebate within 30 days of the request for the annual Rebate payment. Any failure to transmit the hotel-motel tax revenue data and revenue by the Illinois Department of Revenue shall not be considered an Event of Default of the City and cannot be cured by the City. D. Conditions Precedent to Rebate Payment: The following shall be conditions precedent to the City’s obligation to pay any monies to the Proprietor under the Rebate for the initial payment: 1. Receipt of an annual certification submitted by Proprietor attesting to the number of hotel or motel rooms rented by employees, clients or prospective clients, or meeting/conference 543 of 567 82920385\V-5 - 3 - attendees hosted by Proprietor. The certification should have a detailed spreadsheet attached which outlines the hotel-motel transactions by hotel and date. The form certification that Proprietor shall utilize during the Term is attached as Exhibit A. 2. Conditioned on the City receiving information from the State of Illinois related to hotel-motel tax for the Proprietor, the City shall have thirty (30) days after receipt of these documents within which to verify the sufficiency of the information contained within the produced documents. 3. The Proprietor must not be in default of any term of this Agreement or in default of any term of the Forgivable Loan Agreement dated __________, 2015 executed between the Parties (the “Forgivable Loan”), the terms of which are incorporated herein by reference. 4. Proprietor must be in good standing on any and all City accounts, including but not limited to real estate tax payments to Cook County, wheel tax payments, parking tickets, water bills, and fines. SECTION 3. Proprietor’s Responsibilities. The Hotel-Motel Tax Sharing Agreement is conditioned on the completion and satisfaction of each part of this Section 3 and confirmed by the Director and/or his designee. If Proprietor fails to perform any condition fully set forth herein, it shall be considered an Event of Default, defined in Section 9. For the Term of this Agreement, Proprietor’s responsibilities shall include the following: A. Summary of Project: Proprietor shall renovate the Property in accordance with its representations to the City’s Economic Development Committee, City Council, and City staff. Said conversion and improvement (the “Project”) includes: demolition of portions of the Property building; environmental remediation efforts (asbestos abatement); update mechanicals; refurbishing the interior for office use, repair and detail work; sealcoating/striping the parking lot for car storage; and other improvements as determined. 1. Proprietor shall maintain and operate the ZS Associates business at the Property for the term of this Agreement. Proprietor is permitted, provided it obtains any necessary local approvals, to contract for a portion of the Property to be operated by a separate and unrelated business related to automotive and body shop work. 2. Proprietor shall construct and complete the Project in a good and workmanlike manner in accord with all Federal, State and local laws and regulations. The Proprietor, at its expense, shall secure or cause to be secured any and all permits, documents, zoning relief, or plats which may be required for the Project by City Code, and any other governmental agencies having jurisdiction over such construction, development or work, or such portion of the work being performed, including, without limitation, any applications and permits, documents or plats which may be required to be obtained from any local, federal or state environmental protection agency, or from any other agency which may have or exercise any jurisdiction of any type whatsoever in connection with the Project. Except as provided in this Agreement, the costs of the Project shall be borne and paid for by the Proprietor or its landlord. 544 of 567 82920385\V-5 - 4 - 3. Proprietor shall obtain at least three (3) bids for the Renovations, at least one (1) of the contractors providing an estimate shall be an Evanston-based company. In the event no Evanston-based contractor is identified, Proprietor must provide written notice attesting to this fact to City staff. C. Mayor’s Summer Youth Employment Program: Proprietor shall coordinate with the City’s Youth and Young Adult Program Manager to employ two (2) Evanston youth residents to work for Proprietor during the summer through the Mayor’s Summer Youth Employment Program each year of the Term. D. Philanthropy Efforts. City staff and Proprietor will work during the first 6 months of the Term to identify a plan to support the Evanston non-profit community through volunteerism and/or sponsorship (the “Non-Profit Engagement Plan”). The implementation of the Non- Profit Engagement Plan will be evaluated by City staff on an annual basis in conjunction with the issuance of the Rebate. If Proprietor is held to not be in compliance with the Philanthropy efforts outlined in the Non-Profit Engagement Plan, it agrees to work diligently to address any and all shortfalls within the plan. E. Sale or Transfer prior to end of Term: 1. If Proprietor sells or transfers in whole or in part any of the businesses listed in Section 2(A) to any unrelated entity or individual, it shall be considered an Event of Default. 2. If Proprietor vacates the Subject Property for a different location or reduces the footprint within the leased Subject Property by more than 20%, it shall be considered an Event of Default. 3. If Proprietor reduces its full-time employee staff working at the Subject Property below 320 people, it shall be considered an Event of Default. As of the Effective Date, the Proprietor employs 325 people at its headquarters location at 1800 Sherman and must retain during the entire Term at least 320 persons in a full-time employment status at the Evanston headquarters location. F. Notwithstanding any other provision of this Agreement, in the event that Proprietor (i) declares insolvency or bankruptcy; (ii) makes an assignment for the benefit of creditors; or (iii) is unable to meet its financial obligations, then this Agreement shall be deemed terminated and of no further force and effect, and the Parties are relieved of all covenants, conditions, obligations and liabilities hereunder. G. Proprietor acknowledges and agrees that the provisions of this Agreement shall be a matter of public record and subject to disclosure under the Freedom of Information Act, 5 ILCS 140/1 et seq., and other transparency reporting to the City Council, as shall any and all payments made by the City to Proprietor pursuant to this Agreement. H. Proprietor shall throughout the Rebate Term and for a period of two (2) years following the expiration of the Rebate 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 Proprietor, relating to the Hotel-Motel 545 of 567 82920385\V-5 - 5 - Tax Sharing Agreement and the Project, 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 Proprietor is found to have been overstated, Proprietor 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. SECTION 4. City Responsibilities. A. In consideration of Proprietor’s work on the Project, the City agrees to issue the Rebate to Proprietor for the hotel-motel tax revenue generated from hotels or motels booked by the Proprietors employees, clients or prospective clients, or meeting/conference attendees for ZS Associates business related functions only. The City shall disburse to Proprietor the Rebate as specified in Section 2(A) until the expiration of the Term on an annual basis and in compliance with Section 2(E). B. Notwithstanding anything to the contrary herein contained, the City shall have no obligation to disburse to Proprietor any portion of the City’s Hotel-Motel Tax Share accruing or arising after the expiration of the Rebate Term. SECTION 5. Casualty/Extension of Term. In the event of a casualty or destruction of substantially all of the improvements on the Subject Property during the term of this Agreement, and Property Owner or Proprietor elects not to rebuild said improvements or fails to promptly commence and diligently pursue said reconstruction and recommence its retail operations on the Property within twelve (12) months after the date of said casualty, the City shall only be responsible for a Rebate to the date of Casualty and any repayment responsibilities after said date will be null and void. SECTION 6. Indemnification. Proprietor 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, resulting from or arising out of any negligent or willful act or omission on the part of the Proprietor or its 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 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. Proprietor 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, Proprietor must defend all suits brought upon all such Losses and 546 of 567 82920385\V-5 - 6 - 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 Proprietor of any of its obligations under this Agreement. Any settlement of any claim or suit related to activities conducted under this Project by Proprietor 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. No member, official, agent, legal counsel or employee of the City shall be personally liable to the Proprietor, 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 Proprietor or successor or on any obligation under the terms of this Agreement. SECTION 7. Mutual Assistance. Proprietor and the City agree to do all things practicable and reasonable to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms hereof. SECTION 8. Anti-Discrimination and Minority Business Participation. A. Proprietor agrees to comply with all applicable laws prohibiting discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin or sexual orientation. Proprietor agrees to make good faith, commercially reasonable efforts to have its general contractor and major subcontractors, to the extent they hire new employees and can include minorities, women and City residents to work on the Project. Nothing herein shall require Proprietor or its contractors or major subcontractors to displace any employees in its current work force to achieve the foregoing goal. B. Notwithstanding the foregoing provisions, Proprietor shall be entitled to employ union labor hereunder pursuant to the rules, regulations and practices of applicable unions. SECTION 9. Event of Default and Default Remedies. A. Notice of Default: In the event of failure by either party to substantially perform any material term or provision of this Agreement, including but not limited to conditions contained in Sections 2 and 3 (“Event of Default”), 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 14 hereof identifying with specificity the nature of the alleged default and the manner in which said default may be satisfactorily be cured. B. 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. C. City Remedies not Exclusive: If an Event of Default occurs, which Proprietor has not cured within the timeframe set forth in subparagraph B 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 this Agreement. D. Reimbursement of Rebate: 547 of 567 82920385\V-5 - 7 - 1. If a Default by Proprietor is not cured under Section 9(B), the Proprietor may be responsible for reimbursement of the last Rebate issued depending on the date of Default (the “Date of Default”). If the Default is discovered after the City has paid the Rebate which encompasses the date of Default, then Proprietor must reimburse the City for the full Rebate. Meaning, if the Proprietor defaults in the fall quarter and the City issues an annual payment for the fall and winter quarters in January the following year, and the City subsequently discovers or the Proprietor reports the Default in February, then the Proprietor shall reimburse the City for the last Rebate issued. 2. If a Default is discovered before the City has issued the Rebate for the period of time encompassing the Default, the City shall not issue a Rebate for said subject period. In addition, the City will not issue a partial or pro-rated Rebate to Proprietor to the date of Default. 3. The “Date of Default” shall mean the date on which the Proprietor violates any condition of the Agreement and it is not cured within the applicable time period. The Proprietor has an affirmative obligation to report any and all Defaults to the City. E. Proprietor’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, Proprietor 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 Proprietor 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 Proprietor sole and exclusive judicial remedies. SECTION 10. Entire Agreement. This Agreement sets forth all the promises, inducements, Agreements, conditions and understandings between Proprietor and City relative to the subject matter hereof, and there are no promises, Agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. SECTION 11. Survival of Terms, Binding upon Successors. The covenants, terms, conditions, representations, warranties, agreements and undertakings set forth in this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, assigns and legal representatives. SECTION 12. Governing Law and Attorney’s Fees. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Illinois. 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 Proprietor, or arising out of a breach of this Agreement by Proprietor, the City shall recover from the Proprietor as part of the judgment against Proprietor, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. SECTION 13. 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 548 of 567 82920385\V-5 - 8 - 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. SECTION 14. Notices. Any notice, request, demand or other communication made in connection with this Agreement shall be in writing and shall be deemed to have been duly given, served and received on the date of delivery, if delivered to the persons identified below in person, by courier service or by facsimile copy transmitted on a business day before 5:00 p.m., or the next business day thereafter if not so transmitted (with original copy mailed the same day in accordance with the provisions of this Paragraph), or five (5) business days after mailing if mailed by certified mail, postage prepaid, return receipt requested, addressed as follows: If to the City: Wally Bobkiewicz, City Manager 2100 Ridge Avenue Evanston, IL 60201 with a Copy to: Grant Farrar, Corporation Counsel 2100 Ridge Avenue Evanston, IL 60201 If to Proprietor: ZS Associates, Inc. (prior to construction Completion): Attn: Prabhakant Sinha 1800 Sherman Avenue, Suite 700 Evanston, IL 60201 ZS Associates, Inc. (after construction completion): Attn: Prabhakant Sinha 1800 Sherman Avenue, Suite 700 Evanston, IL 60201 SECTION 15. Severability. 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. SECTION 16. City Approval. A copy of the ordinance (or other City action) approving of the terms and conditions of this Agreement and authorizing and directing the City Manager to execute this Agreement on the City’s behalf, certified by the City Clerk, shall be provided to Proprietor. SECTION 17. Third Parties. The City and Proprietor agree that this Agreement is for the benefit of the Parties hereto and not for the benefit of any third party beneficiary. Except as 549 of 567 82920385\V-5 - 9 - otherwise provided herein, no third party shall have any right(s) or claim(s) against the City that may arise from this Agreement. SECTION 18. Amendments. This Agreement may be amended from time to time with the written consent of the Parties hereto. SECTION 19. Execution of this Agreement. This Agreement shall be signed last by the City and the City Manager shall affix the date on which he/she signs and approves this Agreement on the first page hereof, which date shall be the effective date of this Agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 550 of 567 82920385\V-5 - 10 - IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date executed by the Lender. PROPRIETOR: ZS ASSOCIATES, INC., an Illinois corporation By: Christopher Wright Its President Dated: _______________________ LENDER: CITY OF EVANSTON, an Illinois municipal corporation By: Wally Bobkiewicz Its City Manager Dated: _______________________ 551 of 567 11 STATE OF ________ ) ) SS. COUNTY OF _______ ) I, ______________________________________, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Christopher Wright in his capacity as president of ZS Associates, 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 signed and delivered the said instrument as his 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: 552 of 567 12 EXHIBIT A HOTEL-MOTEL TAX ANNUAL CERTIFICATION The Proprietor is required to complete and sign this affidavit on an annual basis, starting on or around January 1, 2017. The Proprietor shall certify the total number of hotel or motel rooms rented by employees, clients or prospective clients, or meeting/conference attendees hosted by Proprietor. This certification must be accompanied by a detailed spreadsheet attached which outlines the hotel-motel transactions by hotel or motel, dates, rate assessed, and other pertinent information that the City may request to complete the review and reconciliation of the hotel-motel tax generated by ZS Associates on an annual basis. I, Christopher Wright, President of ZS Associates, Inc., affirm under penalties of perjury and upon personal knowledge that the contents of the foregoing certification are true and accurate. __________________________ _______________________ Name (Print) Date __________________________ Name (Signature) 553 of 567 For Economic Development Committee meeting of January 28, 2015 Item: 3D ZS Associates 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: ZS Associates Request for Financial Assistance for Relocation to 1560 Sherman Avenue “One Rotary Center” Date: January 13, 2015 Recommended Action Staff recommends approval of a recommendation to City Council 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. This request would include $300,000 in relocation assistance and a hotel room occupancy tax sharing agreement for existing and future hotel tax payments. Funding Source Staff recommends funding the retention of ZS Associates with Economic Development Fund Balance (#225.21.5300.62662) Summary At the April 29, 2014 meeting of the Economic Development Committee, Rotary International and Pivot Point presented a renovation and expansion plan that included new entrance signage, canopy, and an expansion and remodeling of the Rotary Building annex building to give Pivot Point an enhanced presence to draw more students to the academy. Staff was in discussions with Rotary and Pivot Point to determine a level of financial assistance the city could provide to assist with the cost of this renovation in an effort to retain Pivot Point’s headquarters in Evanston. Staff recently learned that Pivot Point has decided to relocate its headquarters from downtown Evanston resulting in a potential significant vacancy at 1560 Sherman as well as daily traffic in Evanston’s from Pivot Point employees and students. ZS Associates has been headquartered in Evanston since its founding in 1983. Today the company staffs 3,400 employees worldwide. ZS Associates is Evanston’s largest Memorandum 554 of 567 for-profit property tax-paying company, employing 325 people, mostly graduate-degreed individuals with average annual salaries of $110,000. ZS Associates has experienced employment growth of 15% each of the last three years. In 2013, ZS Associates paid over $400,000 in property taxes. Restaurants and retailers benefit from ZS Associates employee expenditures with annual sales of approximately $2 million based on staff estimates. ZS Associates hosts a number of meetings in Evanston throughout the year accounting for, by their estimates, approximately 5,000 hotel room nights in 2014. Staff has been working with ZS Associates for several years as it considered options for relocating its world headquarters from 1800 Sherman when its lease expires 12/31/2019 (with a termination option in 2017). ZS is the only non-Northwestern University entity in the building, spread out over several non-contiguous floors. The owner of 1800 Sherman, Northwestern University, has indicated its need for the space ZS Associates occupies in the building and the lease will not be renewed. ZS has considered several options to relocate its world headquarters including consolidating space at an existing downtown Chicago location, other local communities, and Evanston. In recent weeks ZS Associates has identified office space at One Rotary Center (1560 Sherman) that would meet its needs. As summarized in the attached proposal, ZS Associates is seeking to relocate their headquarters from 1800 Sherman Avenue to implement a new office space model designed to accommodate future growth and profitability and enhance brand, recruiting, retention, and employee productivity. ZS Associates has determined this can be achieved at 1560 Sherman by creating a modern space with a reduced square foot per employee requirement, yet increased productivity as it includes more collaborative space for internal uses, more “hoteling” (i.e. smaller spaces for employees who travel more often), fewer dedicated offices and better conferencing, interviewing and amenity areas. With these considerations in mind, after a lengthy space search conducted by their real estate consultants Savills Studley, Inc., ZS Associate’s has identified 47,000 square feet at 1560 Sherman Avenue (One Rotary Center) and has entered into a 15 year lease on the space beginning January 1, 2017. The lease is subject to contingencies, including the ability to withdraw from the commitment before March 31, 2015 if unable to secure both a satisfactory termination agreement with Northwestern University and financial assistance from the City of Evanston. ZS Associate’s plans to lease 47,000 square feet in the Rotary Building not only resolves the vacancy challenge created by Pivot Point’s decision to relocate, but creates a more valuable building for downtown Evanston with two significant global headquarters under one roof. Rotary International and ZS Associates have compatible workforces and a shared global focus. Additionally, ZS Associates will benefit from the amenity spaces Rotary International has built in recent years, including state of the art conferencing with foreign language translation capabilities. Request for Financial Assistance 555 of 567 ZS Associates estimates the cost of building the new 47,000 square foot headquarters on the 6 th, 7th, and 8th floors of 1560 Sherman will exceed $7 million as summarized in the table that follows. Rotary is contributing $85 per square foot for tenant improvements resulting in a total cost to ZS Associates of approximately $3 million. Description Cost Cost / Sq Ft Tenant Improvements $4,230,000 $90 Furniture, Fixtures & Equipment $1,739,000 $37 Soft Costs (architects, other consultants) $470,000 $10 Moving Costs $246,750 $5 Early Termination Fee $375,000 Total $7,060,750 $150 Rotary International Tenant Improvement Allowance -$3,995,000 $85 ZS Associates Responsibility $3,065,750 On the 6th floor, ZS Associates is planning a showcase space that will serve as a reception area for clients, conference rooms, and interview space. The space will help with recruiting and retaining talent. The cost of this space is estimated to be $1,370,000 ($137/sq ft). ZS Associates is seeking $750,000 from the City of Evanston to cover the cost of constructing this space and guarantee the retention of their global headquarters in Evanston. The City’s assistance will allow ZS Associates to expedite the decision to execute the lease at the Rotary Building. Contiguous space of the quantity large enough to accommodate their headquarters plans is not often available in Evanston. The opportunity to find comparable space in Evanston in the future is highly uncertain. Proposed Loan Terms Staff recommends utilization of a forgivable loan funded through a combination of Economic Development Fund and hotel tax revenue sharing. A total of $300,000 from the Economic Development Fund Balance is recommended to offset the physical cost of moving to 1560 Sherman and a portion of the build out. The first draw against the Economic Development Fund Balance would occur in budget year 2016 when ZS Associates begins construction. Hotel Occupancy Tax Revenue Sharing Proposal ZS Associates currently generates approximately 5,000 hotel room nights per year in downtown Evanston which yields approximately $60,000 in hotel occupancy tax revenue annually. ZS Associates anticipates increasing the number of hotel room nights in future years as its business continues to grow and it relocates its largest annual meeting from Skokie to downtown Evanston. Staff proposes a hotel sales tax revenue sharing agreement with ZS Associates providing 50% of the existing annual hotel occupancy tax revenue not to exceed $30,000 for a period of eight years beginning January 1, 2016. To incentivize ZS Associates to host additional meetings in, and relocate larger meetings to, downtown 556 of 567 Evanston, Staff proposes to share 75% of hotel occupancy tax revenue above their current level totaling an amount not to exceed $22,500 annually for a period of eight years beginning January 1, 2016. The following are proposed terms and conditions of the funding agreement: 1) The loan would be forgivable over a period of 8 years. 2) In the event ZS Associates closes the headquarters during the terms of the agreement, a portion of the City’s investment would be repaid based on portion of loan forgiven; 3) City would issue the $300,000 following the issuance of a Final Certificate of Occupancy at 1560 Sherman. 4) For a period of eight years, on an annual basis, the City will reimburse 50% of the hotel tax revenue up to a total of $30,000. 5) For a period of eight years, on an annual basis, the City will reimburse 75% of the hotel tax revenue from the room nights by ZS Associates above the current level at an amount not to exceed $22,500 annually. 6) Forgivable loan would be recorded against the deed 7) ZS Associates will maintain at least 325 employees at the headquarters during the term of the agreement 8) ZS Associates will employ two participants in the Mayor’s Summer Youth Employment Program each year of the agreement. 9) Staff will work with ZS Associates to identify a plan for supporting the Evanston Non-Profit community through volunteerism and/or sponsorships. Public Benefits In addition to the $2 million in estimated annual expenditures in Evanston by ZS Associates employees, (generating approximately $40,000 in annual sales tax revenues) ZS Associates commits to participate in the Mayor’s Summer Youth Employment Program by hiring at least two participants annually. Furthermore, ZS Associates long term lease of 47,000 square feet in the Rotary Building solidifies the value of the real estate asset from a property tax assessment perspective. In addition, staff is pursuing a number of additional public benefits more directly linked to the City’s livability goals. ZS Associates commits to the following: 1. Recycling and waste reduction through onsite recycling containers; 2. Encouraging multi-modal transportation through commuter benefits program using pre-tax dollars; 3. Housing assistance costs by offsetting costs of realtor, application fees, closing and commission costs, and travel expenses; 4. Health insurance coverage exceeding 50% of the cost of health insurance premiums for full time employees; and 5. Wages that surpass Cook County’s per capita annual income of $30,048. 557 of 567 Background ZS Associates was founded in 1983 by Andy Zoltners and Prabha Sing, both PhDs who were teaching at Northwestern University. They combined academic research with business leadership to grow the company over the last 30 years into one of the world’s leading sales and marketing consulting firms with 22 offices globally. ZS provides a range of sales and marketing strategies to the pharmaceutical industry in addition to business-to-business organizations across all industries. ZS employees approximately 3,400 people globally, with approximately 1,900 in India. Attachments -ZS Associates Request for Funding 558 of 567 559 of 567 560 of 567 561 of 567 Bobkiewicz, Wally From:Nim Chinniah [nim.chinniah@northwestern.edu] Sent:Tuesday, February 03, 2015 12:14 PM To:Tisdahl, Elizabeth; Bobkiewicz, Wally Subject:ZS Lease Page 1 of 1 02/03/2015 Dear Mayor Tisdahl and Wally, Following our discussions, I am writing to provide more information and context for the University’s lease negotiations with ZS Associates. First, I would like to reaffirm the University’s commitment to seeing ZS remain in Evanston. Through the years, the University and ZS have developed mutually beneficial lease arrangements that have included the University providing rent abatements, physical improvements to the space, and extensions to the lease. In this most recent round of discussions, I provided options to Graham Webster, COO of ZS, in terms of the length of the lease, and opportunities to terminate the lease early to secure more long term space for them in Evanston. The concessions by Northwestern included giving up future rental income and waiving 50 percent of the lease termination fee. These terms were accepted by ZS and they have made it very clear to me that they have found this process fair and reasonable. It is my understanding that the ZS is seeking assistance from the City to support the firm's staying in Evanston. I believe that is separate and distinct from the agreement between the University and ZS. By working cooperatively with ZS and providing concessions on the lease agreement, the University has and continues to do its part to keep ZS vibrant and in Evanston. We hope the city Council will make a similar decision to enable ZS to stay in Evanston. Best regards, Nim. Nim Chinniah Executive Vice President Northwestern University Rebecca Crown Center 633 Clark Street, Room 2217 Evanston, IL 60208 847.491.8419 nim.chinniah@northwestern.edu 562 of 567 For City Council meeting of February 9, 2015 Item O5 Resolution 20-R-15: RFQ for 2222 Oakton Street For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: 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” Date: January 30, 2015 Recommended Action: 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”. Funding Source: Not applicable at this time. Background: The future utilization of the former Evanston Recycling Center at 2222 Oakton Street has been an item of discussion over the past few years. The item was discussed most recently at the February meeting of the Economic Development Committee. Prior to that in 2011, a group convened to consider potential future uses for the property. Most recently a coalition of youth sports groups was interested in a long term lease of the property for recreational programming. The property is adjacent to James Park and fronts Oakton Street. The property is comprised of an approximately 13,700 square foot building on a 41,500 square foot lot. The property is currently utilized for City equipment storage. Request for Qualifications/Proposals: Recently several entities have approached the City with interest in the property. The proposed uses have been combined dining and entertainment-based uses. Based on the type and recent influx of interest in this property on a key commercial corridor, a Request for Qualifications/Proposals (RFQ/P) is recommended as a way to manage Memorandum 563 of 567 interest in the property. Through this process, the property is presented to the development community as a potential redevelopment opportunity with defined use parameters. The RFQ/P process is a two-step process: 1) Developers and interested parties are asked to submit qualifications and capacity to complete a redevelopment based on a set of parameters set forth through a solicitation from the City. The set of parameters are outlined in a formal public document. 2) The submissions of qualifications are evaluated and from the total submissions, several are identified as having the capacity to complete the redevelopment. This group, or “short list”, is then asked to provide their proposal for redevelopment of the site. From the proposals, a preferred development concept can be created. There are several benefits to this process. First, the outcome creates the opportunity to attract an entity that has capacity for a project of this type. This is because the potential pool of users is first evaluated based on qualifications, experience, and capacity for redevelopment rather than through a rendering or concept depicted in a proposal. This process is also attractive to respondents. Parties that would likely do this type of project are often hesitant to expend resources to develop a proposal for redevelopment if they are one of a dozen proposals for a site. However, they are much more likely to submit qualifications for consideration to be selected to submit proposals because they are not being asked to expend resources to create something new. Attachments: Resolution 20-R-15 Map of Property 564 of 567 1/30/2015 20-R-15 A RESOLUTION 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 WHEREAS, the City owns certain real property located at 2222 Oakton Street in Evanston, Illinois (PIN: 10-25-100-23-0000) and commonly known as the “Recycling Center”; and WHEREAS, the City seeks to create commercial redevelopment opportunities throughout its commercial corridors in which property is developed to its highest and best use; and WHEREAS, the City seeks to attract real estate development professionals to redevelopment City-owned real property located at 2222 Oakton Street through a fair, transparent, and competitive process; and WHEREAS, the Economic Development Committee recommended on January 28, 2015 that the City engage in a two-step process that includes 1) a Request for Qualifications from real estate development professionals and 2) a Request for Proposals from individuals and parties that are determined to be qualified in the first step of the process, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized and directed to draft an application and guidelines for determining qualified real estate development 565 of 567 20-R-15 ~2~ professionals, disseminate said application and guidelines publicly, and solicit responses seeking qualified real estate redevelopment professionals for real estate located at 2222 Oakton Avenue. SECTION 2: This resolution authorizes the City Manager to review responses of qualifications from real estate redevelopment professionals and identify qualified real estate development professionals from the Request for Qualifications phase. SECTION 3: The resolution directs the City Manager to oversee and manage a process for soliciting proposals for the proposed redevelopment of the property located at 2222 Oakton Street from real estate development professionals identified in the Request for Qualifications stage of this two-step process. SECTION 4: This Resolution 20-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 566 of 567 Evanston Recycling Ctr. 567 of 567