HomeMy WebLinkAbout04.28.14 Packet
CITY COUNCIL REGULAR MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
COUNCIL CHAMBERS
Monday, April 28, 2014
Administration & Public Works (A&PW) Committee meets at 6 p.m.
Planning & Development (P&D) Committee meets at 7:15 pm
Township Board meeting and City Council meeting will convene after
conclusion of the P&D meeting.
ORDER OF BUSINESS
(I) Town Board Meeting
(II) Roll Call – Begin with Alderman Braithwaite
(III) Mayor Proclamations and Public Announcements
National Drinking Water Week, May 4-10, 2014 (Presentation of awards will be
at A&PW at 6 pm)
National Public Service Week, May 4-10, 2014
(IV) City Manager Public Announcements
(V) Communications: City Clerk
(VI) Citizen Comment
Members of the public are welcome to speak at City Council meetings. As part of the Council
agenda, a period for citizen comments shall be offered at the commencement of each regular
Council meeting. Those wishing to speak should sign their name, address and the agenda item or
topic to be addressed on a designated participation sheet. If there are five or fewer speakers,
fifteen minutes shall be provided for Citizen 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 Citizen
Comment does not exceed forty-five minutes. The business of the City Council shall commence
forty-five minutes after the beginning of Citizen Comment. Aldermen do not respond during
Citizen Comment. Citizen Comment is intended to foster dialogue in a respectful and civil
manner. Citizen comments are requested to be made with these guidelines in mind.
(VII) Special Order of Business: Animal Shelter and C.A.R.E.
(VIII) Consent Agenda: Alderman Rainey
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City Council Agenda April 28, 2014 Page 2 of 9
(IX) Report of the Standing Committees
Administration & Public Works - Alderman Holmes
Planning & Development - Alderman Rainey
Human Services - Alderman Holmes
(X) 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)}
(XI) Executive Session
(XII) Adjournment
SPECIAL ORDERS OF BUSINESS
(SP1) Update Regarding Request For Letter of Interest for Volunteer Animal Care
Organization
Staff recommends consideration of responses to the request for Letters of
Interest. The deadline for submission of Letters of Interest is Friday, April 25,
2014. Staff will provide an update at the City Council meeting on April 28, 2014.
For Action
(SP2)Supplemental Legal Opinion Regarding Private Citizen Donations to CARE,
and the City’s Legal Options
A report follows from Corporation Counsel Grant Farrar regarding the donations
made by private citizens to C.A.R.E for the renovation and expansion of the
City’s animal shelter. Staff recommends that City Council authorize the City
Manager to go back to C.A.R.E. for further discussion and report back to City
Council at the May 12, 2014 meeting.
For Action
CONSENT AGENDA
(M1) Approval of Minutes of the Regular City Council Meeting of April 8, 2014
ADMINISTRATION & PUBLIC WORKS COMMITTEE
(A1) City of Evanston Payroll through April 6, 2014 $2,624,609.88
(A2) City of Evanston Bills -- April 29, 2014 $3,637,765.55
For Action
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City Council Agenda April 28, 2014 Page 3 of 9
(A3.1) Approval of Renewal Agreement with Open Kitchens Inc. for the 2014
Summer Food Service Program (Bid 11-01)
Staff recommends authorization for renewal of the 2014 Summer Food Service
Program with Open Kitchens Inc. (1161 West 21st Street, Chicago, IL) in the not-
to-exceed amount of $2.498 per lunch, for an estimated total of $86,200. This is
a reimbursement program in which the amount of reimbursement the City will
receive is dependent upon the number of lunches served. Funding is provided by
Recreation Outreach Program Account 3050.65025, with anticipated
reimbursement of $94,500.
For Action
(A3.2) Approval of Northeastern Illinois Public Safety Training Academy (NIPSTA)
2014 Membership Dues
Staff recommends approval of payment of the 2014 Fire and Public Works
Departments membership fees in the amount of $23,545. Funding for this
membership is budgeted under the Fire Department Account 2305.62360 for
both the Fire and Public Works Departments.
For Action
(A3.3) Approval of 2014 Crack Sealing Contract Extension
Staff recommends City Council authorize the City Manager to execute a contract
extension for the 2014 Crack Sealing Contract to the lowest responsive and
responsible bidder, Denler Inc. (19148 S 104th Ave. Mokena, IL) in the amount of
$70,000. Last year the City participated as a member of the Municipal
Partnership Initiative to collectively bid this work. This is the first of two possible
contract extensions. Funding is provided by the General Fund Street
Maintenance Account (2670.62509).
For Action
(A3.4) Approval of Contract with Landscape Concepts Management, Inc. for
Sherman Plaza Rodent Abatement
Staff recommends City Council authorize the City Manager to execute a single
source contract with Landscape Concepts Management, Inc. (3200 S. Kolin Ave,
Chicago, IL) to install rodent abatement and replacement plantings for the 14
planter beds in the City’s right of way adjacent to Sherman Plaza in the amount
of $40,377. Funding is provided by the Washington National TIF.
For Action
(A3.5) Approval of Contract with Christopher B. Burke Engineering, Ltd. for
Sheridan Road Design (RFQ 14-16)
Staff recommends City Council authorize the City Manager to execute an
agreement for engineering services for the Sheridan Road-Chicago Ave
Alternative Analysis in the amount of $265,099.84 with Christopher B. Burke
Engineering, Ltd. (9575 W. Higgins Road, Suite 600, Rosemont, IL). Funding is
provided by Washington National TIF and FY2014 Capital Improvement Plan
(CIP).
For Action
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City Council Agenda April 28, 2014 Page 4 of 9
(A3.6) Approval of Contract with Steiner Electric for Arrington Lagoon Lighting
Staff recommends City Council authorize the purchase of lighting materials for
the Arrington Lakefront Lagoon Renovation Project in the amount of $26,358.04
from Steiner Electric located (1250 Touhy Avenue, Elk Grove Village, IL).
Funding is provided by the FY2014 Capital Improvement Plan (CIP), Arrington
Lagoon Project.
For Action
(A3.7) Approval of Contract with A. Lamp Concrete Contractors Inc. for 2014
Water Main Replacement & Street Resurfacing CIP 1 Project (Bid 14-21)
Staff recommends that City Council authorize the City Manager to execute a
contract for the 2014 Water Main Replacement & Street Resurfacing CIP 1
Project with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg,
IL) in the amount of $2,129,128.10. Funding is provided by the Water Fund,
Sewer Fund, Business District Improvement Fund, Parking Fund, and FY2014
CIP Street Resurfacing Account.
For Action
(A4) Approval of 2014 Community Choice Electricity Aggregation Supplier
Agreement (RFP 14-26)
Staff recommends that City Council authorize the City Manager to execute a
Master Agreement to Provide Services to an Aggregated Group with the pre-
qualified Alternate Retail Electric Supplier (ARES) that provides the most
favorable price per kilowatt hour ($ / kWh) for the length of term and renewable
energy mix that the City Council determines to be the most advantageous. At the
City Council meeting on April 28, 2014, staff will present a recommendation to
the City Council for the prequalified ARES that submits the most favorable
pricing.
For Action
(A5) Resolution 23-R-14, Amending the Plan of Operation and Governance for
the City of Evanston Electricity Aggregation Program
Staff recommends adoption of Resolution 23-R-14 amending the Plan of
Operation and Governance for the City of Evanston Electricity Aggregation
Program.
For Action
(A6) Resolution 24-R-14, Authorizing the City of Evanston to Enter Into An
Agreement with the Cook County Assessor’s Office for Access to a
Geographic Information System
Staff recommends that the City Council authorize the City Manager to sign an
agreement with the Cook County Assessor’s Office for access to Geographic
Information System (GIS) data.
For Action
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City Council Agenda April 28, 2014 Page 5 of 9
(A7) Ordinance 60-O-14, Amending the Minority, Women and Evanston Based
Employer (MWEBE), and Local Employment Programs (LEP)
The MWEBE Committee and staff recommend consideration of an amendment to
the MWEBE/LEP revising the penalty section from a $100/per day to a 3.0% of
total project value penalty.
For Introduction
(A8) Ordinance 37-O-14, Amending Parking Schedules for Howard Street and
Custer Avenue
The Transportation/Parking Committee and staff recommend that the City
Council consider Ordinance 37-O-14, which amends Title 10, Motor Vehicles and
Traffic, Chapter 11, Traffic Schedules, Section 12, to include two hour and four
hour parking limits on Howard Street and Custer Avenue.
For Introduction
(A9) Ordinance 38-O-14, Amending Residential Parking Schedules for
Greenwood Street, Hinman Avenue to Forest Avenue
The Transportation/Parking Committee and staff recommend that the City
Council consider Ordinance 38-O-14, which amends Title 10, Motor Vehicles and
Traffic, Chapter 11, Traffic Schedules, Section 12, Schedule X (F) 1. The
amendment corrects an error and codifies the original intent to include in the
Residential Exemption Parking District B, Greenwood Street, Hinman Avenue to
Forest Avenue, on the north side.
For Introduction
(A10) Ordinance 51-O-14, Approving and Authorizing Revenue Bonds and
Related Matters Thereto (Chiaravalle Conduit Financing)
Staff recommends City Council approval of Ordinance 51-O-14 as introduced, for
purposes of final action on April 28, 2014. Chiaravalle has requested the City act
as the conduit financing authority for their debt issuance as a part of the
expansion of their renovations originally started with the City’s initial conduit debt
issuance in April 2010. The City will not incur a liability to repay this debt in the
event of a default by Chiaravalle. This ordinance was introduced at the April 8,
2014 City Council meeting.
For Action
(A11) Ordinance 41-O-14 Amending the City Code to Establish a 4-Way Stop
Control at the Intersection of Broadway Avenue and Jenks Street
Staff recommends adoption of Ordinance 41-O-14 by which the City Council
would amend Section 10-11-5(D), Schedule V(D) of the City Code to establish a
4-Way Stop Control at the intersection of Broadway Avenue and Jenks Street.
This ordinance was introduced at the April 8, 2014 City Council meeting.
For Action
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City Council Agenda April 28, 2014 Page 6 of 9
(A12) Ordinance 43-O-14, Decreasing the Number of Class C Liquor Licenses for
La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue
Staff recommends City Council approval of Ordinance 43-O-14 which decreases
the number of authorized Class C liquor licenses from 23 to 22, due to issuance
of an upgraded liquor license C-1 to La Macchina Café, LLC d/b/a La Macchina
Café (“Company”), 1620 Orrington Avenue. This ordinance was introduced at the
April 8, 2014 City Council meeting.
For Action
(A13) Ordinance 44-O-14, Increasing the Number of Class C-1 Liquor Licenses for
La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue
Staff recommends City Council approval of Ordinance 44-O-14 which increases
the number of authorized Class C-1 liquor licenses from five to six to permit
issuance to La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620
Orrington Avenue. This ordinance was introduced at the April 8, 2014 City
Council meeting.
For Action
(A14) Ordinance 45-O-14, Decreasing the Number of Class I Liquor Licenses for
Ward Eight LLC d/b/a Ward Eight, 629 Howard Street.
Staff recommends City Council approval of Ordinance 45-O-14 which amends
Evanston City Code of 2012 Subsection 3-4-6-(I), as amended, to decrease the
number of authorized Class I liquor licenses from one to zero due to issuance of
an upgraded Class D liquor license to Ward Eight LLC d/b/a Ward Eight
(“Company”), 629 Howard Street. This ordinance was introduced at the April 8,
2014 City Council meeting.
For Action
(A15) Ordinance 46-O-14, Increasing the Number of Class D Liquor Licenses for
Ward Eight LLC d/b/a Ward Eight, 629 Howard Street
Staff recommends City Council approval of Ordinance 46-O-14 which amends
Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the
number of authorized Class D liquor licenses from 49 to 50 to permit issuance to
Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street. This
ordinance was introduced at the April 8, 2014 City Council meeting.
For Action
(A16) Ordinance 40-O-14, Recognizing the Cessation of Evanston Township and
Codifying the City’s Assumption of the Duties and Obligations of Evanston
Township
Staff recommends City Council adoption of Ordinance 40-O-14. This ordinance
is companion legislation to Ordinance 52-O-14. A companion resolution, 1T-R-
14, is on the agenda for action by the Town Board at the April 28, 2014 meeting.
That resolution will discontinue, abolish, and cease Township operations as of
April 30, 2014. This ordinance was introduced at the April 8, 2014 City Council
meeting.
For Action
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City Council Agenda April 28, 2014 Page 7 of 9
(A17) 52-O-14, Creating the City of Evanston General Assistance Fund and
Defining Other City Duties and Obligations
Staff recommends City Council adoption of Ordinance 52-O-14. This ordinance is
companion legislation to Ordinance 40-O-14. This ordinance was introduced at
the April 8, 2014 City Council meeting.
For Action
PLANNING & DEVELOPMENT COMMITTEE
(P1) Ordinance 59-O-14, Granting a Special Use for a Type 2 Restaurant, Kung
Fu Tea, at 726 Clark Street
The Zoning Board of Appeals and City staff recommend the adoption of
Ordinance 59-O-14 granting a special use permit for a Type 2 Restaurant, Kung
Fu Tea, at 726 Clark Street. The requested special use permit will allow a unique
business to operate in the downtown and increase pedestrian activity that will
encourage success for other businesses in the area.
For Introduction
(P2) Ordinance 58-O-14, Granting a Special Use for a Type 2 Restaurant, Frio
Gelato, at 1701 Simpson Street
The Zoning Board of Appeals and City staff recommend the adoption of
Ordinance 58-O-14 granting a special use permit for a Type 2 Restaurant, Frio
Gelato, at 1701 Simpson Street. The requested special use permit will allow an
existing local business to expand operations and provide a unique business to
the surrounding neighborhood. Suspension of the Rules is requested for
Introduction and Action by City Council on April 28, 2014.
For Introduction and Action
(P3) Ordinance 53-O-14, Granting a Special Use Permit for a Planned
Development, 1515 Chicago Avenue
Ordinance 53-O-14 allows the applicant to remove the existing elm tree in the
rear of the property, but the applicant must install a new 9-inch caliper tree in the
southeast corner of the property and provide additional parking. This ordinance
was introduced at the April 8, 2014, City Council meeting.
For Action
(P4) Ordinance 32-O-14, Granting Special Use for a Planned Development at 835
Chicago Avenue (Chicago and Main)
The Plan Commission and City staff recommend the adoption of Ordinance 32-
O-14, granting Planned Development approval to construct a nine-story mixed
use commercial, office, and residential building at the southeast corner of
Chicago Avenue and Main Street, commonly known as 835 Chicago Avenue.
This ordinance was introduced at the March 24, 2014, City Council meeting and
referred back to committee. This item will be continued to the May 12, 2014 City
Council meeting.
For Action
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City Council Agenda April 28, 2014 Page 8 of 9
HUMAN SERVICES COMMITTEE
(H1) Resolution 29-R-14, Authorizing Renewal of Noyes Cultural Arts Center
Tenant Leases
City staff recommends City Council approval of Resolution 29-R-14 authorizing
the City Manager to enter into 8-month lease agreements for the artist leases at
the Noyes Cultural Arts Center. The Human Services Committee approved a 3%
increase in Noyes Cultural Arts Center tenant monthly leases effective May 1,
2014 – December 31, 2014.
For Action
(H2) Ordinance 54-O-14, Establishing the Evanston Board of Animal Control
Staff recommends City Council adoption of Ordinance 54-O-14, which creates
the Board of Animal Control. The Mayor, with the approval of the City Council,
shall appoint seven persons who shall constitute and be known as the Board of
Animal Control. This ordinance was introduced at the April 8, 2014 City Council
meeting.
For Action
APPOINTMENTS
(APP1)For Reappointment to:
Environment Board Kevin Glynn
Housing & Homelessness Commission Rick Morgan
Housing & Homelessness Commission Kevin Kane
Preservation Commission Amy Riseborough
Preservation Commission Jack Weiss
Public Safety Civil Service Commission Fred Tanenbaum
Zoning Board of Appeals Mary Beth Berns
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City Council Agenda April 28, 2014 Page 9 of 9
MEETINGS SCHEDULED THROUGH MAY 2014
Upcoming Aldermanic Committee Meetings:
Mon, May 5 6 pm Rules Committee
Mon, May 5 7:30 pm Human Services Committee
Mon, May 12 6 pm A&PW, P&D, City Council
Fri, May 16 7 am Housing & Homelessness Commission
Mon, May 19 7 pm City Council meeting
Tues, May 20 7:30 pm Housing & Community Development Act Ctte
Wed, May 21 6:30 pm M/W/EBE Advisory Committee
Thurs, May 22 5:30 pm Emergency Telephone
Tues, May 27 6 pm A&PW, P&D, City Council
Wed, May 28 6 pm Transportation/Parking Committee
Wed, May 28 7:30 pm Economic Development Committee
Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil.
Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to
ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please
contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the
accommodation if possible.
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For City Council meeting of April 28, 2014 Item SP1
Request for Letters of Interest from Volunteer Animal Organizations
For Discussion
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Subject: Letters of Interest from Volunteer Animal Organizations (VAO)
Date: April 24, 2014
Recommended Action:
Staff recommends consideration of responses to the request for Letters of Interest. The
deadline for submission of Letters of Interest is Friday, April 25, 2014. Staff will provide
an update at the City Council meeting on April 28, 2014.
Memorandum
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For City Council meeting of April 28, 2014 Item SP2
Supplemental Legal Opinion Regarding Private Citizen Donations to CARE
For Discussion
To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Subject: Private Citizen Donations to C.A.R.E. and the City’s Legal Options
Date: April 24, 2014
Recommended Action:
A report follows from Corporation Counsel Grant Farrar regarding the donations made
by private citizens to C.A.R.E for the renovation and expansion of the City’s animal
shelter. Staff recommends that City Council authorize the City Manager to go back to
C.A.R.E. for further discussion and report back to City Council at the May 12, 2014
meeting.
Attachments:
Corporation Counsel Report
Memorandum
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To: Honorable Elizabeth B. Tisdahl and Members of the City Council
City Manager Wally Bobkiewicz
From: W. Grant Farrar, Corporation Counsel
Subject: Supplemental legal opinion regarding private citizen charitable donations to
CARE; Illinois Attorney General’s enforcement powers relative to charitable
donations
Date: April 22, 2014
Responsive to the ongoing discussion regarding private citizen donations to CARE, and
the City’s legal options regarding same, I prepared this supplemental legal opinion.
Executive summary
The standing and authority of the City to request that the Illinois Attorney General, the
Internal Revenue Service, and other government entities review and investigate CARE’s
charitable activities is assured. The far-ranging statutory and common law authority of
the Illinois Attorney General relative to regulation and enforcement of charitable
activities and charitable corporations eclipses City authority. Consistent with my prior
April 2, 2014 legal opinion, the legal standing of the City to seek injunctive relief against
a prospective party is doubtful. This would not preclude the City from referring this
matter to the Attorney General.
This opinion makes no comment regarding the public policy or equitable considerations
informing the context of this matter.
Background
City Council actions
In light of the substantial dialog in the past weeks, the Law Department continued and
expanded its intensive review of applicable documents and City Council minutes, going
back 20 years. We used our best efforts to source and obtain applicable documents
given the sometimes incomplete nature of the files we were working with. While we still
cannot find specific contracts or memoranda of understanding concerning CARE-City
fundraising, we found Resolution 81-R-00. Exhibit 1. This Council approved resolution
authorized CARE to solicit and obtain funds for expansion and renovation of the animal
shelter. It dedicates the solicited funds to this purpose in Section 1 of the resolution.
The minutes to the August 14, 2000 City Council meeting conclusively document
Memorandum
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statements made by CARE board members on behalf of CARE thanking the City for
approving the resolution. Exhibit 2. The minutes to the June 19, 2006 City Council
meeting further evidence CARE’s fundraising commitments and representations.
Exhibit 3.
CARE’s filings with the Illinois Attorney General
CARE is required by law to file its Illinois Charitable Organization Annual Report (the
“Report”) with the Attorney General’s Charitable Trust Bureau. In its 2012 Report,
CARE attached its notes to its financial statements. Group Exhibit 3, filed August 14,
2013. Note 2 is a statement by CARE that it operates within the City of Evanston
animal shelter. Note 4 states that CARE designated $569,135 for building expansion
(of the Evanston animal shelter). A similar statement of policy is found in the 2007
Report.
In the 2012 Report, certain undersigned individual(s) swore to the accuracy of the
Report and the documents attached thereto. The identity of those individual(s) was
redacted in the version of the 2012 Report available on the Attorney General’s website.
Applicable statutes and legal analysis
Illinois statutes and common law governing charitable activities
The Charitable Trust Act, 760 ILCS 55/1 et seq., requires tax-exempt charitable
institutions register with the Attorney General, and be monitored by the Attorney
General. The Attorney General regulates the solicitation of funds from the public under
the Solicitation for Charity Act, 225 ILCS 460/0.01, et seq. The Consumer Fraud and
Deceptive Business Practices Act, 805 ILCS 105 et seq., proscribes certain illegal
activities in conjunction with charitable solicitations.
Attorney General enforcement powers
The Attorney General possesses extensive investigatory and prosecutorial authority to
investigate and/or remedy possible misuse of charitable funds. In short, CARE is under
the direct supervision of the Attorney General. The full extent of these powers exceed
the scope of this opinion, however, the Attorney General has the power and duty under
common law and statute to prevent the misuse of property devoted to a public charity.
The Attorney General may sue to correct any mishandling of charitable funds. Kerner v.
Thompson, 365 Ill. 149 (1936). It is undisputed that the Attorney General is a
necessary party in any such litigation. The Attorney General can seek injunctive relief
against a not-for-profit corporation. Buntrock v. Terra, 810 N.E.2d 991 (1st Dist. 2004).
The Attorney General has common law power to remove directors or officers of
charitable corporations.
An Attorney General investigation of a charitable organization or its activities may begin
after receiving information from the general public, the press, or other governmental
entities.
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City authority
The Attorney General’s regulatory jurisdiction and enforcement powers preempt and
supersede the City’s. The Attorney General’s exclusive occupation in this regulatory
sphere trumps the City’s ability to commence litigation. On a related point, the Law
Department is ethically prohibited from prosecuting a private right of action seeking
declaratory relief regarding charitable activities conducted by and between opposing
groups of private individuals. As stated in our prior opinion, the Law Department is
ethically precluded from giving legal advice related to a private cause of action.
However, Resolution 81-R-00 and related City Council minutes are documents which a
court or government agency can take judicial notice of. These are relevant documents
which may be considered by the Attorney General or a court.
Conclusion
The Illinois Attorney General has sweeping authority and resources to regulate and
investigate charitable activities and corporations. This power far exceeds the City’s.
CARE filed Reports with the Attorney General’s Charitable Trust Bureau, and these
documents committed CARE to disclose its charitable intent, representations, and
activities. Under Illinois law, and its Reports, CARE submitted to the jurisdiction of the
State of Illinois regarding its activities. Additionally, the U.S. Internal Revenue Service
has the authority to investigate a charitable organization’s tax exempt status, and the
discretion to revoke such status.
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CITY COUNCIL REGULAR MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
COUNCIL CHAMBERS
Tuesday, April 8, 2014
Roll Call: Alderman Fiske Alderman Tendam
Alderman Holmes Alderman Burrus
Alderman Rainey Alderman Wilson
Absent: Alderman Grover, Alderman Braithwaite, Alderman Wynne
Presiding: Mayor Elizabeth Tisdahl
Mayor Proclamations and Public Announcements:
Mayor Tisdahl announced the following Proclamations: “National Library Week, April 13-
19”, and “Breath Deep North Shore Day”, April 27, 2014. The breath deep day is in
memory of those who lost their lives to Lung Cancer, including the niece of Judge
Bernstein. The Mayor also commented on the Animal Shelter and the CARE volunteers
who have over the past years taken care of the animals and she apologized to CARE for
all of the negative press they have received.
City Manager Public Announcements:
Mr. Bobkiewicz announced April 13th through April 19th is National Library Week, and
then asked Karen Danczak-Lyons, Director of the Library to present her 2013 Library
Annual Report. She pointed out some of the highlights that were met during the past
year. Her power-point presentation can be viewed online as well as in the Clerk’s Office.
Communications: City Clerk
Clerk Greene announced the memorial service for Michael McCarthy at the Levy Center
from 5 P.M. until 9:00 P.M. this Thursday.
Alderman Rainey motioned the Council to recess in order to have the Public Hearing
associated with the Revenue Bond Hearing and it was seconded. With a unanimous
Voice Vote the Council was in recess.
Michelle Masoncup, Assistant City Attorney stated the Clerk Greene was notified of the
meeting today (4/8/2014), as well as the Sun Times on March 18, 2014 and the Evanston
Review on March 20, 2014 for the purpose of a Public Hearing: TEFRA Hearing on the
Proposed Issuance by the City of Revenue Bonds, Series 2014 (Chiaravalle Montessori
School). This amount of the bond is $7,480,000.00. She read the purpose of the bond as
being a special loan where the City will not assume any indebtedness from the bonding 68 of 446
City Council Agenda April 8, 2014 Page 2 of 11
procedure. Ms. Masoncup upon completion of the reading of the proposal, asked for
comments from both the public and the elected officials. Hearing no response she then
adjourned the hearing. The Council then reconvened after a motion from Alderman
Rainey to adjourn from the Public Hearing to reconvene as the City Council and it was
seconded and approved by a unanimous Voice Vote.
Citizen Comment:
Karen Straus, 1616 Hinman is a 14 year volunteer with CARE, and she urges the City
to move quickly in regards to the monies that were collected as a fund raiser for the
Animal Shelter.
Betty Ester, 2031 Church St. wanted the City Manager to give a clearer understanding
of item 52-O-14 which concerns the GA Fund.
Paulene Yearwood, read a letter from Marcia Neasman who could not be in
attendance which stated her concerns of CARE expressing the facility was mostly
occupied by cats.
Gail Lovingjer, living in the 7th ward thanked the Mayor for her remarks concerning
CARE’s services to the community. She stated the vision between CARE and the City is
not clear.
John Cruschell,716 Brummel requested the Council would look into the funds that
were raised and to assure the funds to be used for what they were raised for.
Junad Rizki, came to share his and others concern of the water bill increase by 20%.
He suggested the Council to run 30 years and 50 years into the current study plan.
Asher Bearman, stated he has not heard any thank you to CARE except from the
Mayor, and he stressed the point Do Not Severe the relationship with CARE.
Emma Smith, 1607 Dobson she supports the proposal of the City to acquire the
services of another group to replace CARE. She suggested to the City Council to move
on from CARE and have the best shelter.
Cheryl Ferrarro, 1124 Brummel remarked on the meetings that occurred. She stated
there was no meaningful discussion with Human Services Committee and CARE.
Kristen Carlson, a Chicago resident stand in support of the Human Services
Committee’s proposal.
Alisa
Carl Bova, 1322 Roselle Street suggested to the Council to add more professionalism
into the process of approving proposals, and to listen more carefully to the residents.
Items not approved on Consent Agenda
(A10) Ordinance 42-O-14, Amending Class P-1 Liquor License
Local Liquor Commissioner recommends City Council adoption of Ordinance 42-
O-14. Class P-1 liquor license is the craft brewery license. Several different
licensees and license applicants will be operating in the City. Each licensee has
different business models regarding product sampling or sale in their taprooms.
The requirements of food service are more clearly defined in this Code
amendment in order to match the scale of food service required, to the amount of
craft beer offered for sampling and sold for on-site tasting.
For Introduction
(A15) Ordinance 49-O-14, Increasing the Number of Class P-1 Liquor Licenses for
Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago
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City Council Agenda April 8, 2014 Page 3 of 11
Avenue, Suite E2
Staff recommends City Council approval of Ordinance 49-O-14 which amends
Evanston City Code of 2012 Subsection 3-4-6-(P-1), as amended, to increase
the number of authorized Class P-1 liquor licenses from one to two, and permit
issuance of a Class P-1 license to Common Culture Beer Co., d/b/a Sketchbook
Brewing Co. (“Company”), 825 Chicago Avenue, Suite E2.
For Introduction
(P4) Ordinance 47-O-14, Granting a Special Use Permit for a Planned
Development, 1515 Chicago Avenue, and Requires Preservation of an Elm
Tree
Per the recommendation made by the Plan Commission, Ordinance 47-O-14
requires the applicant to preserve the existing elm tree in the rear of the property.
For Introduction
(P5) Ordinance 53-O-14, Granting a Special Use Permit for a Planned
Development, 1515 Chicago Avenue, and Permits Removal of an Elm Tree
Ordinance 53-O-14 allows the applicant to remove the existing elm tree in the
rear of the property, but the applicant must install a new 9-inch caliper tree in the
southeast corner of the property and provide additional parking.
For Introduction
(H2) Evanston Animal Care and Control Operations
It is recommended that the City Council: 1) receive the report; 2) approve the City
of Evanston Animal Control Policy; 3) approve the Volunteer Animal Organization
Partnership Policy; 4) direct the City Manager to create an Evanston Animal
Shelter Fund to receive donations for the Animal Shelter; 5) introduce Ordinance
54-O-14 creating the Evanston Board of Animal Care and Control; 6) receive and
file report from Corporation Counsel on legal options regarding donations
received to support the Evanston Animal Shelter; 7) provide direction to City
Manager regarding City reimbursement of costs regarding volunteer rescue
activities.
If C.A.R.E. wishes to negotiate a new one year agreement with the City pursuant
to the Animal Control Policy and Volunteer Animal Organization Partnership
Policy it is recommended that the City Council direct the City Manager to
negotiate such agreement and return to the City Council on April 28, 2014 with
agreement for review and approval.
If C.A.R.E. declines to negotiate a new agreement it is recommended that the
City Council: 1) authorize the City Manager to issue notice to C.A.R.E. ceasing
relationship with City at the Evanston Animal Shelter and to work with C.A.R.E. to
vacate the animal shelter no later than 5:00 PM Friday May 9, 2014; 2) direct the
City Manager to issue a Request for Qualifications to volunteer animal
organizations to express interest in working at Evanston Animal Shelter no later
than Friday April 25, 2014; 3) direct the City Manager to return to the City Council
on April 28, 2014 with status report on these activities.
For Action
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(O2) Resolution 12-R-14, Authorizing the City Manager to Execute a Sales Tax
Sharing Agreement with Autobarn Motors, Ltd.
Economic Development Committee and staff recommend approval of Resolution
12-R-14, which authorizes the sharing of the City’s portion of the sales tax
remitted by Autobarn on a 50/50 sharing basis for a period no greater than 48
months.
For Action
CONSENT AGENDA
(M1) Approval of Minutes of the Regular City Council Meeting of March 24, 2014
ADMINISTRATION & PUBLIC WORKS COMMITTEE
(A1) City of Evanston Payroll through March 23, 2014 $2,670,255.30
(A2) City of Evanston Bills -- April 9, 2014 $3,381,156.82
City of Evanston Credit Cards through February 28, 2014 $ 120,686.35
For Action
(A3.1) Approval of Agreement with CDM Smith for Reservoir and Clearwell
Planning Study (RFP 14-10)
Staff recommends City Council authorize the City Manager to execute an
agreement for the Reservoir and Clearwell Planning Study with CDM Smith (125
South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of
$86,359. Funding is provided by the Water Fund, Account 733126.62140, with a
budget of $100,000 for FY 2014. This item was held in Committee on March 24,
2014.
For Action
(A3.2) Approval of Tree Purchase from Suburban Tree Consortium for Spring
Planting
Staff recommends approval of the purchase of 312 trees and planting services
for 150 trees from Suburban Tree Consortium (STC) in the amount of
$77,536.76. Funding for this purchase is provided from two sources: 1) Parks &
Forestry Maintenance Account 2655.65005, with a total budget of $150,300
which is used for both the spring and fall planting seasons; and 2) the “Replant
Express” program, which allows residents to pay $250 (the cost of the tree plus
delivery) to be added to the planting list immediately.
For Action
(A3.3) Approval of Contract with Sunrise Tree Service Company for 2014 Dutch
Elm Injection Program ( Bid14-15)
Staff recommends City Council authorize the City Manager to execute a contract
in the amount of $761,745 with Sunrise Tree Service Company (110 Midlothian
Road, Hawthorne Woods, IL) for the 2014 Dutch Elm Disease Control Program.
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Funding is provided by FY2014 approved one-time expenditures in the amount of
$200,000 and reserve funds set aside from previous years in the amount of
$557,216 (Account 100.41332). The balance of funding for this contract ($4,529)
will be made up using a portion of the $46,000 remaining in General Fund Dutch
Elm Disease Account (2655.62496).
For Action
(A3.4) Approval of Contract Extension with Golf Mill Ford Inc. for Ford Original
Equipment Manufacturer (OEM) Parts (Bid 12-118)
Staff recommends City Council authorize the City Manager to execute the
agreement for a one-year contract extension for the purchase of Ford Original
Equipment Manufacturer (OEM) parts in the amount of $88,500 with Golf Mill
Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL). Funding for this purchase will
be from the Major Maintenance, Materials to Maintain Autos Account
(7710.65060).
For Action
(A3.5 Approval of Contract Extension with Arrow Road Construction for Hot Mix
Asphalt (Bid 12-34)
Staff recommends City Council authorize the City Manager to execute the
agreement for a one-year contract extension for the purchase of 500 tons of
modified hot mix asphalt at a cost of $52 per ton and 300 tons of modified hot
mix binder at the cost of $44 per ton with Arrow Road Construction dba Healy
Asphalt (3401 South Busse Road, Mt. Prospect, IL) for Fiscal Year 2014 for a
cost of $39,200. Funding is provided by the FY 2014 General Fund Street and
Alley Account (2670.65055), the Water Fund Account (7115.65051), and the
Sewer Fund Account (7400.65051).
For Action
(A3.6) Approval of Purchase of Davis Streetscape Furniture from Landscapeforms
Staff recommends City Council approval of the single source purchase of the
streetscape furniture items for Davis Street from Landscapeforms (431 Lawndale
Avenue, Kalamazoo, MI) in the amount of $51,006.00. Funding is provided by:
$22,952.70 from the Washington National TIFF; and $28,053.30 from the CIP
Fund (416438).
For Action
(A4) Resolution 14-R-14 Authorization for the City Manager to Negotiate and
Execute Residential Lease for 631 Howard Street, Unit 2
Staff recommends that City Council approve Resolution 14-R-14 authorizing the
City Manager to execute a residential lease with Anne Carlson and Cody Modeer
for an apartment located at 631 Howard Street, Unit 2.
For Action
(A5) Resolution 22-R-14 Authorization for the City Manager to Negotiate and
Execute Residential Lease for 631 Howard Street, Unit 1
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City Council Agenda April 8, 2014 Page 6 of 11
Staff recommends that City Council approve Resolution 22-R-14 authorizing the
City Manager to execute a residential lease with Marcus T. Yakhnis and Nicole
M. Mickels for an apartment located at 631 Howard Street, Unit 1.
For Action
(A6) Resolution 13-R-14, Authorizing City Manager to Execute a License
Agreement with Chiaravalle Montessori School for Use of Currey Park to
locate Temporary Mobile Classrooms
Staff recommends approval of Resolution 13-R-14 to authorize the City Manager
to execute a license agreement with Chiaravalle Montessori School
(“Chiaravalle”) for use of a portion of Currey Park to locate temporary mobile
classrooms for a 10-month period.
For Action
(A7) Resolution 20-R-14, Authorizing City Manager to Execute an Easement
Agreement with Chiaravalle Montessori School
Staff recommends approval of Resolution 20-R-14 to authorize the City Manager
to execute an easement agreement with Chiaravalle Montessori School
(“Chiaravalle”) to provide for easements for the benefit of Chiaravalle on and
under the City’s park property commonly known as “Currey Park”.
For Action
(A8) Ordinance 51-O-14, Approving and Authorizing Revenue Bonds and
Related Matters Thereto (Chiaravalle Conduit Financing)
Staff recommends City Council approval of Ordinance 51-O-14 as introduced, for
purposes of final action on April 28, 2014. Chiaravalle has requested the City act
as the conduit financing authority for their debt issuance as a part of the
expansion of their renovations originally started with the City’s initial conduit debt
issuance in April 2010. The City will not incur a liability to repay this debt in the
event of a default by Chiaravalle.
For Introduction
(A9) Ordinance 41-O-14 Amending the City Code to Establish a 4-Way Stop
Control at the Intersection of Broadway Avenue and Jenks Street
Staff recommends adoption of Ordinance 41-O-14 by which the City Council
would amend Section 10-11-5(D), Schedule V(D) of the City Code to establish a
4-Way Stop Control at the intersection of Broadway Avenue and Jenks Street.
For Introduction
(A11) Ordinance 43-O-14, Decreasing the Number of Class C Liquor Licenses for
La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue
Staff recommends City Council approval of Ordinance 43-O-14 which decreases
the number of authorized Class C liquor licenses from 23 to 22, due to issuance
of an upgraded liquor license C-1 to La Macchina Café, LLC d/b/a La Macchina
Café (“Company”), 1620 Orrington Avenue.
For Introduction
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(A12) Ordinance 44-O-14, Increasing the Number of Class C-1 Liquor Licenses for
La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue
Staff recommends City Council approval of Ordinance 44-O-14 which increases
the number of authorized Class C-1 liquor licenses from five to six to permit
issuance to La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620
Orrington Avenue.
For Introduction
(A13) Ordinance 45-O-14, Decreasing the Number of Class I Liquor Licenses for
Ward Eight LLC d/b/a Ward Eight, 629 Howard Street.
Staff recommends City Council approval of Ordinance 45-O-14 which amends
Evanston City Code of 2012 Subsection 3-4-6-(I), as amended, to decrease the
number of authorized Class I liquor licenses from one to zero due to issuance of
an upgraded Class D liquor license to Ward Eight LLC d/b/a Ward Eight
(“Company”), 629 Howard Street.
For Introduction
(A14) Ordinance 46-O-14, Increasing the Number of Class D Liquor Licenses for
Ward Eight LLC d/b/a Ward Eight, 629 Howard Street
Staff recommends City Council approval of Ordinance 46-O-14 which amends
Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the
number of authorized Class D liquor licenses from 49 to 50 to permit issuance to
Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street.
For Introduction
(A16) Ordinance 40-O-14, Recognizing the Cessation of Evanston Township and
Codifying the City’s Assumption of the Duties and Obligations of Evanston
Township
Staff recommends City Council adoption of Ordinance 40-O-14. This ordinance
is companion legislation to Ordinance 52-O-14. A companion resolution, 1T-R-
14, will be on the agenda for action by the Town Board at the April 28, 2014
meeting. That resolution will discontinue, abolish, and cease Township
operations as of April 30, 2014.
For Introduction
(A17) 52-O-14, Creating the City of Evanston General Assistance Fund and
Defining Other City Duties and Obligations
Staff recommends City Council adoption of Ordinance 52-O-14. This ordinance
is companion legislation to Ordinance 40-O-14.
For Introduction
PLANNING & DEVELOPMENT COMMITTEE
(P1) Resolution 18-R-14 Designating the Portion of Emerson Street between
Asbury Avenue and Green Bay Road with the Honorary Street Name Sign,
“Hecky Powell Way”
The Citizens’ Advisory Committee on Public Place Names recommends approval
of Resolution 18-R-14 designating honorary “Hecky Powell Way.”
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For Action
(P2) Resolution 19-R-14 Designating the Portion of Dodge Avenue between Main
Street and Lee Street with the Honorary Street Name Sign, “Crown Family
Way”
The Citizens’ Advisory Committee on Public Place Names recommends approval
of Resolution 19-R-14 designating honorary “Crown Family Way.”
For Action
(P4 and P5) The Plan Commission and City staff recommend the adoption of either
Ordinance 47-O-14 or Ordinance 53-O-14 to grant approval of a Planned Development
to construct an eight-story extended stay hotel located at 1515 Chicago Avenue. Two
ordinances are presented for consideration. Ordinance 47-O-14 requires preservation of
an elm tree; Ordinance 53-O-14 permits removal of an elm tree.
HUMAN SERVICES COMMITTEE
(H1) Township Payroll and Bills for March 2014
Township of Evanston Supervisor recommends that City Council approve the
Township of Evanston bills, payroll, and medical payments for the month of
March 2014 in the amount of $161,396.49. Funding provided by the Township
budget.
For Action
ECONOMIC DEVELOPMENT
(O1) Resolution 15-R-14, Authorizing the City Manager to Execute a TIF
Forgivable Loan Agreement and Promissory Note with Autobarn Motors,
Ltd.
Economic Development Committee and staff recommend approval of Resolution
15-R-14, which authorizes the City Manager to execute a TIF Forgivable Loan
Agreement and Promissory Note with Autobarn Motors, Ltd. This agreement
provides funding in an amount not to exceed $2.5 million from the
Howard/Hartrey Tax Increment Financing (TIF) District to Autobarn for
rehabilitation of the property located at 222 Hartrey Avenue.
For Action
Alderman Rainey motioned for approval the Consent Agenda and it was seconded. With
a Roll Call vote the motion passed 6-0.
Items for discussion:
(A10) Ordinance 42-O-14, Amending Class P-1 Liquor License
Local Liquor Commissioner recommends City Council adoption of Ordinance 42-
O-14. Class P-1 liquor license is the craft brewery license. Several different
licensees and license applicants will be operating in the City. Each licensee has
different business models regarding product sampling or sale in their taprooms.
The requirements of food service are more clearly defined in this Code
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City Council Agenda April 8, 2014 Page 9 of 11
amendment in order to match the scale of food service required, to the amount of
craft beer offered for sampling and sold for on-site tasting.
For Introduction
Alderman Holmes stated this item was held over.
(A15) Ordinance 49-O-14, Increasing the Number of Class P-1 Liquor Licenses for
Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago
Avenue, Suite E2
Staff recommends City Council approval of Ordinance 49-O-14 which amends
Evanston City Code of 2012 Subsection 3-4-6-(P-1), as amended, to increase
the number of authorized Class P-1 liquor licenses from one to two, and permit
issuance of a Class P-1 license to Common Culture Beer Co., d/b/a Sketchbook
Brewing Co. (“Company”), 825 Chicago Avenue, Suite E2.
For Introduction
Alderman Holmes stated this item was held over in committee.
(P3) Ordinance 48-O-14, Granting a Special Use for a Type 2 Restaurant,
Starbucks, and a Drive-Through Facility at 1901 Dempster Street
The Zoning Board of Appeals and City staff recommend the adoption of
Ordinance 48-O-14 granting a special use permit for a Type 2 Restaurant,
Starbucks, and a drive-through facility at 1901 Dempster Street. The building on
the property was previously a Kentucky Fried Chicken, but has been vacant for
over three years. Request Suspension of the Rules for Introduction and Action by
City Council on April 8, 2014.
For Introduction and Action
Alderman Rainey motioned for approval and suspension of the rules it was seconded. A
Roll Call was done with a 6-0 vote for approval the motion passed.
(P4) Ordinance 47-O-14, Granting a Special Use Permit for a Planned
Development, 1515 Chicago Avenue, and Requires Preservation of an Elm
Tree
Per the recommendation made by the Plan Commission, Ordinance 47-O-14
requires the applicant to preserve the existing elm tree in the rear of the property.
For Introduction
Alderman Rainey motioned for approval and suspension of the rules it was seconded. A
Roll Call was done with a 4-2 vote against the motion passed Aldermen Holmes,
Tendam, Rainey, Burrus voted no), so the motion failed.
(P5) Ordinance 53-O-14, Granting a Special Use Permit for a Planned
Development, 1515 Chicago Avenue, and Permits Removal of an Elm Tree
Ordinance 53-O-14 allows the applicant to remove the existing elm tree in the
rear of the property, but the applicant must install a new 9-inch caliper tree in the
southeast corner of the property and provide additional parking.
For Introduction
Alderman Rainey motioned to introduce and it was seconded by Alderman Holmes.
With a Roll Call vote of 5-1(Alderman Fiske voted nay), the motion passed.
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City Council Agenda April 8, 2014 Page 10 of 11
(H2) Evanston Animal Care and Control Operations
It is recommended that the City Council: 1) receive the report; 2) approve the City
of Evanston Animal Control Policy; 3) approve the Volunteer Animal Organization
Partnership Policy; 4) direct the City Manager to create an Evanston Animal
Shelter Fund to receive donations for the Animal Shelter; 5) introduce Ordinance
54-O-14 creating the Evanston Board of Animal Care and Control; 6) receive and
file report from Corporation Counsel on legal options regarding donations
received to support the Evanston Animal Shelter; 7) provide direction to City
Manager regarding City reimbursement of costs regarding volunteer rescue
activities.
If C.A.R.E. wishes to negotiate a new one year agreement with the City pursuant
to the Animal Control Policy and Volunteer Animal Organization Partnership
Policy it is recommended that the City Council direct the City Manager to
negotiate such agreement and return to the City Council on April 28, 2014 with
agreement for review and approval.
If C.A.R.E. declines to negotiate a new agreement it is recommended that the
City Council: 1) authorize the City Manager to issue notice to C.A.R.E. ceasing
relationship with City at the Evanston Animal Shelter and to work with C.A.R.E. to
vacate the animal shelter no later than 5:00 PM Friday May 9, 2014; 2) direct the
City Manager to issue a Request for Qualifications to volunteer animal
organizations to express interest in working at Evanston Animal Shelter no later
than Friday April 25, 2014; 3) direct the City Manager to return to the City Council
on April 28, 2014 with status report on these activities.
For Action
Alderman Holmes motioned to approval of the first paragraph which was second. A
Voice Vote was unanimous to accept the first paragraph. The second part of the
proposal is to approve the third paragraph. Alderman Rainey stated the motion was way
too complicated for her, so she wanted to make an appeal to CARE which she did. A
Roll Call vote was taken and the result was 4-2 and (Aldermen Rainey and Burrus voted
nay) the motion passed.
(O2) Resolution 12-R-14, Authorizing the City Manager to Execute a Sales Tax
Sharing Agreement with Autobarn Motors, Ltd.
Economic Development Committee and staff recommend approval of Resolution
12-R-14, which authorizes the sharing of the City’s portion of the sales tax
remitted by Autobarn on a 50/50 sharing basis for a period no greater than 48
months.
For Action
Alderman Rainey stated the item will be held until April 28, 2014 to allow for further
discussion.
Call of the Wards
Ward 1, Alderman Fiske had no report.
Ward 4, Alderman Wilson had no report.
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City Council Agenda April 8, 2014 Page 11 of 11
Ward 5, Alderman Holmes had no report.
Ward 6, Alderman Tendam announced 6th ward meeting to be held on April 24th at 7:00
PM. He also made a reference to staff to look into the elm trees, and for City Manager to
look into the funds that were raised for the animal shelter. City Manager suggested the
issue should be placed on Council
Ward 8, Alderman Rainey had no report.
Ward 9, Alderman Burrus had no report.
A motion for adjournment was made and with a unanimous Voice Vote the Regular
Council Meeting ended at 11:20 P.M.
Submitted by,
Hon. Rodney Greene, MMC
City Clerk
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ADMINISTRATION & PUBLIC WORKS COMMITTEE
Monday, April 28, 2014
6 p.m.
Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston
Council Chambers
AGENDA
I. DECLARATION OF A QUORUM: ALDERMAN HOLMES, CHAIR
II. APPROVAL OF MINUTES OF REGULAR MEETING OF Apr il 8, 2014
III. NATIONAL DRINKING WATER WEEK: PROCLAMATION AND AWARDS
IV. ITEMS FOR CONSIDERATION
(A1) City of Evanston Payroll through April 6, 2014 $2,624,609.88
(A2) City of Evanston Bills -- April 29, 2014 $3,637,765.55
For Action
(A3.1) Approval of Renewal Agreement with Open Kitchens Inc. for the 2014
Summer Food Service Program (Bid 11-01)
Staff recommends authorization for renewal of the 2014 Summer Food Service
Program with Open Kitchens Inc. (1161 West 21st Street, Chicago, IL) in the not-
to-exceed amount of $2.498 per lunch, for an estimated total of $86,200. This is
a reimbursement program in which the amount of reimbursement the City will
receive is dependent upon the number of lunches served. Funding is provided by
Recreation Outreach Program Account 3050.65025, with anticipated
reimbursement of $94,500.
For Action
(A3.2) Approval of Northeastern Illinois Public Safety Training Academy (NIPSTA)
2014 Membership Dues
Staff recommends approval of payment of the 2014 Fire and Public Works
Departments membership fees in the amount of $23,545. Funding for this
membership is budgeted under the Fire Department Account 2305.62360 for
both the Fire and Public Works Departments.
For Action
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(A3.3) Approval of 2014 Crack Sealing Contract Extension
Staff recommends City Council authorize the City Manager to execute a contract
extension for the 2014 Crack Sealing Contract to the lowest responsive and
responsible bidder, Denler Inc. (19148 S 104th Ave. Mokena, IL) in the amount of
$70,000. Last year the City participated as a member of the Municipal
Partnership Initiative to collectively bid this work. This is the first of two possible
contract extensions. Funding is provided by the General Fund Street
Maintenance Account (2670.62509).
For Action
(A3.4) Approval of Contract with Landscape Concepts Management, Inc. for
Sherman Plaza Rodent Abatement
Staff recommends City Council authorize the City Manager to execute a single
source contract with Landscape Concepts Management, Inc. (3200 S. Kolin Ave,
Chicago, IL) to install rodent abatement and replacement plantings for the 14
planter beds in the City’s right of way adjacent to Sherman Plaza in the amount
of $40,377. Funding is provided by the Washington National TIF.
For Action
(A3.5) Approval of Contract with Christopher B. Burke Engineering, Ltd. for
Sheridan Road Design (RFQ 14-16)
Staff recommends City Council authorize the City Manager to execute an
agreement for engineering services for the Sheridan Road-Chicago Ave
Alternative Analysis in the amount of $265,099.84 with Christopher B. Burke
Engineering, Ltd. (9575 W. Higgins Road, Suite 600, Rosemont, IL). Funding is
provided by Washington National TIF and FY2014 Capital Improvement Plan
(CIP).
For Action
(A3.6) Approval of Contract with Steiner Electric for Arrington Lagoon Lighting
Staff recommends City Council authorize the purchase of lighting materials for
the Arrington Lakefront Lagoon Renovation Project in the amount of $26,358.04
from Steiner Electric located (1250 Touhy Avenue, Elk Grove Village, IL).
Funding is provided by the FY2014 Capital Improvement Plan (CIP), Arrington
Lagoon Project.
For Action
(A3.7) Approval of Contract with A. Lamp Concrete Contractors Inc. for 2014
Water Main Replacement & Street Resurfacing CIP 1 Project (Bid 14-21)
Staff recommends that City Council authorize the City Manager to execute a
contract for the 2014 Water Main Replacement & Street Resurfacing CIP 1
Project with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg,
IL) in the amount of $2,129,128.10. Funding is provided by the Water Fund,
Sewer Fund, Business District Improvement Fund, Parking Fund, and FY2014
CIP Street Resurfacing Account.
For Action
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(A4) Approval of 2014 Community Choice Electricity Aggregation Supplier
Agreement (RFP 14-26)
Staff recommends that City Council authorize the City Manager to execute a
Master Agreement to Provide Services to an Aggregated Group with the pre-
qualified Alternate Retail Electric Supplier (ARES) that provides the most
favorable price per kilowatt hour ($ / kWh) for the length of term and renewable
energy mix that the City Council determines to be the most advantageous. At the
City Council meeting on April 28, 2014, staff will present a recommendation to
the City Council for the prequalified ARES that submits the most favorable
pricing.
For Action
(A5) Resolution 23-R-14, Amending the Plan of Operation and Governance for
the City of Evanston Electricity Aggregation Program
Staff recommends adoption of Resolution 23-R-14 amending the Plan of
Operation and Governance for the City of Evanston Electricity Aggregation
Program.
For Action
(A6) Resolution 24-R-14, Authorizing the City of Evanston to Enter Into An
Agreement with the Cook County Assessor’s Office for Access to a
Geographic Information System
Staff recommends that the City Council authorize the City Manager to sign an
agreement with the Cook County Assessor’s Office for access to Geographic
Information System (GIS) data.
For Action
(A7) Ordinance 60-O-14, Amending the Minority, Women and Evanston Based
Employer (MWEBE), and Local Employment Programs (LEP)
The MWEBE Committee and staff recommend consideration of an amendment to
the MWEBE/LEP revising the penalty section from a $100/per day to a 3.0% of
total project value penalty.
For Introduction
(A8) Ordinance 37-O-14, Amending Parking Schedules for Howard Street and
Custer Avenue
The Transportation/Parking Committee and staff recommend that the City
Council consider Ordinance 37-O-14, which amends Title 10, Motor Vehicles and
Traffic, Chapter 11, Traffic Schedules, Section 12, to include two hour and four
hour parking limits on Howard Street and Custer Avenue.
For Introduction
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(A9) Ordinance 38-O-14, Amending Residential Parking Schedules for
Greenwood Street, Hinman Avenue to Forest Avenue
The Transportation/Parking Committee and staff recommend that the City
Council consider Ordinance 38-O-14, which amends Title 10, Motor Vehicles and
Traffic, Chapter 11, Traffic Schedules, Section 12, Schedule X (F) 1. The
amendment corrects an error and codifies the original intent to include in the
Residential Exemption Parking District B, Greenwood Street, Hinman Avenue to
Forest Avenue, on the north side.
For Introduction
IV. ITEMS FOR DISCUSSION
(APW1)Newspaper Boxes
Staff is requesting direction from the Administration and Public Works Committee
to update the policy for newspaper boxes in the City’s rights-of-way.
For Discussion
V. COMMUNICATIONS
VI. ADJOURNMENT
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Administration and Public Works Committee Meeting
Minutes of April 8, 2014
Council Chambers – 6:00 p.m.
Lorraine H. Morton Civic Center
MEMBERS PRESENT: D. Holmes, A. Rainey, C. Burrus,
MEMBERS ABSENT: P. Braithwaite, J. Grover
STAFF PRESENT: D. Stoneback, M. Lyons, W. Bobkiewicz, H. Pirooz, C. Plante, T.
Turner, L. Jeschke, L. Biggs, R. Dahal, P. D’Agostino, S. Flax,
E. Storlie, Deputy Chief Jamraz, M. Treto, M. Masoncup
STAFF ABSENT: S. Robinson, G. Farrar, J. McRae, R. Voss, J. Maiworm, J.
Williams-Kinsel, A. Porta, B. Dorneker, B. Dieter, Chief Klaiber,
J. Murphy J. Calderon, E. Thomas-Smith, Chief Eddington
PRESIDING OFFICIAL: Ald. Holmes
I. DECLARATION OF QUORUM
A quorum being present, Ald. Holmes called the meeting to order at 6:05 p.m.
II. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 24, 2014.
Ald . Burrus moved to approve the minutes of the March 24, 2014 A&PW
meeting as submitted, seconded by Ald. Rainey.
The minutes of the March 24, 2014 meeting were approved unanimously 3-0.
III. ITEMS FOR CONSIDERATION
(A1) City of Evanston Payroll through March 23, 2014 $2,670,255.30
(A2) City of Evanston Bills -- April 9, 2014 $3,381,156.82
City of Evanston Credit Cards through February 28, 2014 $ 120,686.35
For Action
Ald. Rainey moved to approve the City of Evanston Payroll (A1) through
3/23/14 seconded by Ald. Burrus. The Committee voted unanimously 3-0 to
approve the payroll.
Ald. Burrus moved to approve the City of Evanston Bills through 4/9/14 and
the credit cards through February 28, 2014, seconded by Ald. Rainey. The
Committee voted unanimously 3-0 to approve the bills.
(A3.1) Approval of Agreement with CDM Smith for Reservoir and Clearwell
Planning Study (RFP 14-10)
Staff recommends City Council authorize the City Manager to execute an agreement
for the Reservoir and Clearwell Planning Study with CDM Smith (125 South Wacker
DRAFT- NOT
APPROVED
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Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $86,359. Funding is
provided by the Water Fund, Account 733126.62140, with a budget of $100,000 for
FY 2014. This item was held in Committee on March 24, 2014.
For Action
Ald. Burrus moved to recommend City Council authorize the City Manager to
execute an agreement for the Reservoir and Clearwell Planning Study with
CDM Smith in the not-to-exceed amount of $86,359.
Director Dave Stoneback presented information and results from previous studies
and a recommendation on how to proceed. The first two studies were completed as
a result of a Request for Proposal (RFP) inspect and evaluate the concrete
conditions of the different structures.
The reasons for the current study are a comprehensive evaluation of the finished
water storage requirements, water treatment requirements and efficient pump
operations. This report would guide the life cycle cost analysis to weight the short-
term repairs against long-term solutions, including the long-term financial impacts of
building a new reservoir now or in 20 years. The main issue is how cost-effective it is
to invest millions of dollars rehabilitating the 1913 and 1923 facilities when the
concrete structures are like at the end of their useful life.
Director Stoneback discussed the existing condition of storage facilities. There are
approximately 15.6 million gallons of water on hand in Evanston. The industry best
practice is to have 2 days worth of storage on hand in the event of an emergency
and Evanston uses an estimated 8 million gallons of water per day. The 15.6 million
gallons implies that the storage facilities are filled to the top at the time the event
occurs, which they seldom are, and that all of the water can be drained from them.
Generally, the last 12-18 inches of water is unreachable in these structures due to
pump capacity issues.
The 1913 Clearwells are not in very good condition. There is significant horizontal
and vertical cracking on the inner and outer walls. CTL’s recommendation “to repair
the clearwell cracks and eliminate infiltration would be to 1) excavate to expose all
roof and wall surfaces, 2) execute full-thickness crack repairs, and 3) apply a
waterproof coating to all exterior services. However, given the highly-invasive nature
of such a repair, it is questionable whether such measures would be considered
practical.”
At Ald. Burrus’ inquiry, Director Stoneback confirmed that the staff of the Utilities
Department brought this issue to the Council’s attention. A cost of service study was
conducted several years ago that indicated that there were no funds allocated for
concrete restoration or rehabilitation. The studies were conducted to justify the
allocation of funds in the capital improvement program.
The steel rebar is exposed and corroded in many locations on the roof slab of the
1934 Reservoir. CDM Smith’s report states that “The rate of deterioration and
degradation is expected to be accelerating for the remainder of its useful life. Under
normal conditions, the average expected useful life of a concrete structure is about
100 years. This life span can be significantly reduced if the concrete structure is
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subject to constant high humidity and repeated freeze-thaw cycles. Therefore, it is
probable that the useful life of the walls and the floor slab will not exceed 100 years.”
Staff is recommending a study to guide the process on how to proceed.
PUBLIC COMMENT
Junad Rizki, 2784 Sheridan, has an issue with the option of moving the tank
because it would allow a 20% water increase to move it to another location. He
feels it is a financial interest to Northwestern as it sits on their property. Mr. Rizki
was very concerned that there were no financial analyses performed to look at the
project from different budgets. He also stated that the RFP does not match the
memo to Council on the website. Mr. Rizki added that the Committee may not have
a quorum to move this issue forward because, in his opinion, there is a financial
interest to Northwestern University.
Ald. Burrus stated that she is highly offended by Mr. Rizki’s allegations against one
of our employees. She explained that Director Stoneback is only doing his due
diligence and is giving the Council the information they need to make a decision.
She suggested that the Legal Department document when Mr. Rizki makes
allegations against our staff because she is not sure when or if it crosses the line as
a criminal offense.
Richard Lanyon, 1019 Mulford, Chairman of the Utilities Commission spoke on their
behalf. He was in favor of Item A3.1. He believes this will be money well spent to
integrate all of the prior studies to provide guidance to the City on the replacement of
this vital infrastructure. The ability to have a sound storage for water during outage
periods is essential to a well-operated water system.
Barbara Janes, 802 Colfax, urged the Committee not to spend $86,000 on an
unnecessary water reservoir study. There are 3 studies that clearly state that the
only thing that needs to be done is repair the roof of the present water reservoir.
The final report states that we can do this cheaper than the other 2 studies. She
noted the 1934 agreement with Northwestern that allows the water reservoir to be
located on their property is in perpetuity. In return, we gave Northwestern a beach
located at the end of Lincoln Street and another street that runs through their
campus. She stated that the agreement must be honored by all parties.
Ms. Janes was against the option of moving the reservoir to Leahy Park as it is one
of the most heavily used parks in Evanston by numerous sports teams and camps.
She feels this is totally unacceptable and should be taken out of consideration. Ms.
Janes suggested using some of the $86,000 for a fence for the dog beach.
Ald. Rainey supports this issue because it will bring into question all of the
recommendations from all of the previous studies. It is time to get a recommendation
to the Council that we can support to move forward with correcting the existing
issues.
Ald. Rainey moved to send this to Council without a recommendation if Ald.
Burrus abstained. Ald. Burrus confirmed that she would not abstain from the
vote and seconded the motion.
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At Ald. Burrus’ inquiry, Director Stoneback explained that Northwestern University
did not ask for the reservoir to be moved. He believes that there will always be a
reservoir on Northwestern’s property.
Michelle Masoncup, Assistant City Attorney, confirmed that Ald. Burrus did not need
to recuse herself from the vote.
The Committee voted unanimously 3-0 to recommend approval of the
agreement.
(A3.2) Approval of Tree Purchase from Suburban Tree Consortium for Spring
Planting
Staff recommends approval of the purchase of 312 trees and planting services for
150 trees from Suburban Tree Consortium (STC) in the amount of $77,536.76.
Funding for this purchase is provided from two sources: 1) Parks & Forestry
Maintenance Account 2655.65005, with a total budget of $150,300 which is used for
both the spring and fall planting seasons; and 2) the “Replant Express” program,
which allows residents to pay $250 (the cost of the tree plus delivery) to be added to
the planting list immediately.
For Action
Ald. Rainey moved to recommend approval of the purchase of 312 trees and
planting services for 150 trees from Suburban Tree Consortium (STC) in the
amount of $77,536.76, seconded by Ald. Burrus.
The Committee voted unanimously 3-0 to recommend approval of the
purchase.
(A3.3) Approval of Contract with Sunrise Tree Service Company for 2014
Dutch Elm Injection Program ( Bid14-15)
Staff recommends City Council authorize the City Manager to execute a contract in
the amount of $761,745 with Sunrise Tree Service Company (110 Midlothian Road,
Hawthorne Woods, IL) for the 2014 Dutch Elm Disease Control Program. Funding is
provided by FY2014 approved one-time expenditures in the amount of $200,000 and
reserve funds set aside from previous years in the amount of $557,216 (Account
100.41332). The balance of funding for this contract ($4,529) will be made up using
a portion of the $46,000 remaining in General Fund Dutch Elm Disease Account
(2655.62496).
For Action
Ald. Holmes moved to recommend that City Council authorize the City Manager
to execute a contract in the amount of $761,745 with Sunrise Tree Service
Company for the 2014 Dutch Elm Disease Control Program, seconded by
Alderman Burrus.
The Committee voted unanimously 3-0 to recommend approval of the contract.
(A3.4) Approval of Contract Extension with Golf Mill Ford Inc. for Ford Original
Equipment Manufacturer (OEM) Parts (Bid 12-118)
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Staff recommends City Council authorize the City Manager to execute the
agreement for a one-year contract extension for the purchase of Ford Original
Equipment Manufacturer (OEM) parts in the amount of $88,500 with Golf Mill Ford
Inc. (9401 N. Milwaukee Avenue, Niles, IL). Funding for this purchase will be from
the Major Maintenance, Materials to Maintain Autos Account (7710.65060).
For Action
Ald. Burrus moved to recommend City Council authorize the City Manager to
execute an agreement for a one-year contract extension for the purchase of
Ford Original Equipment Manufacturer (OEM) parts in the amount of $88,500
with Golf Mill Ford Inc., seconded by Ald. Holmes.
The Committee voted unanimously 3-0 to recommend approval of the
agreement.
(A3.5) Approval of Contract Extension with Arrow Road Construction for Hot
Mix Asphalt (Bid 12-34)
Staff recommends City Council authorize the City Manager to execute the
agreement for a one-year contract extension for the purchase of 500 tons of
modified hot mix asphalt at a cost of $52 per ton and 300 tons of modified hot mix
binder at the cost of $44 per ton with Arrow Road Construction dba Healy Asphalt
(3401 South Busse Road, Mt. Prospect, IL) for Fiscal Year 2014 for a cost of
$39,200. Funding is provided by the FY 2014 General Fund Street and Alley
Account (2670.65055), the Water Fund Account (7115.65051), and the Sewer Fund
Account (7400.65051).
For Action
Ald. Rainey moved to recommend authorizing the City Manager to execute the
agreement for a one-year contract extension for the purchase of 500 tons of
modified hot mix asphalt at a cost of $52 per ton and 300 tons of modified hot
mix binder at the cost of $44 per ton with Arrow Road Construction dba Healy
Asphalt for Fiscal Year 2014 for a cost of $39,200, seconded by Ald. Burrus.
The Committee voted unanimously 3-0 to recommend approval of the contract.
(A3.6) Approval of Purchase of Davis Streetscape Furniture from
Landscapeforms
Staff recommends City Council approval of the single source purchase of the
streetscape furniture items for Davis Street from Landscapeforms (431 Lawndale
Avenue, Kalamazoo, MI) in the amount of $51,006.00. Funding is provided by:
$22,952.70 from the Washington National TIFF; and $28,053.30 from the CIP Fund
(416438).
For Action
Ald. Holmes recommended that the City Council approve the single source
purchase of the streetscape furniture items for Davis Street from
Landscapeforms in the amount of $51,006.00, seconded by Ald. Burrus.
The Committee voted unanimously 3-0 to approve the purchases.
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(A4) Resolution 14-R-14 Authorization for the City Manager to Negotiate and
Execute Residential Lease for 631 Howard Street, Unit 2
Staff recommends that City Council approve Resolution 14-R-14 authorizing the City
Manager to execute a residential lease with Anne Carlson and Cody Modeer for an
apartment located at 631 Howard Street, Unit 2.
For Action
Ald. Burrus moved to recommend City Council approve Resolution 14-R-14
authorizing the City Manager to execute a residential lease with Anne Carlson
and Cody Modeer for an apartment located at 631 Howard Street, Unit 2,
seconded by Ald. Holmes.
The Committee voted unanimously 3-0 to recommend approval of the lease.
(A5) Resolution 22-R-14 Authorization for the City Manager to Negotiate and
Execute Residential Lease for 631 Howard Street, Unit 1
Staff recommends that City Council approve Resolution 22-R-14 authorizing the City
Manager to execute a residential lease with Marcus T. Yakhnis and Nicole M.
Mickels for an apartment located at 631 Howard Street, Unit 1.
For Action
Ald. Burrus moved to recommend City Council approve Resolution 22-R-14
authorizing the City Manager to execute a residential lease with Marcus T.
Yakhnis and Nicole M. Mickels for an apartment located at 631 Howard Street,
Unit 1, seconded by Ald. Rainey.
Ald. Rainey noted that this is one of the buildings on Howard Street that the City
purchased for redevelopment. The building is fully occupied and successful.
The Committee voted unanimously 3-0 to recommend approval of the lease.
(A6) Resolution 13-R-14, Authorizing City Manager to Execute a License
Agreement with Chiaravalle Montessori School for Use of Currey Park to
locate Temporary Mobile Classrooms
Staff recommends approval of Resolution 13-R-14 to authorize the City Manager to
execute a license agreement with Chiaravalle Montessori School (“Chiaravalle”) for
use of a portion of Currey Park to locate temporary mobile classrooms for a 10-
month period.
For Action
Ald. Rainey moved to recommend approval of Resolution 13-R-14 to authorize
the City Manager to execute a license agreement with Chiaravalle Montessori
School (“Chiaravalle”) for use of a portion of Currey Park to locate temporary
mobile classrooms for a 10-month period, seconded by Ald. Burrus.
Robin McCloud-Springer, Head of School, thanked City staff for working diligently
with Chiaravalle on this project. Steve Friedland, Applegate & Thorne-Thomsen,
explained that Chiaravalle owns certain real property located at 425 Dempster
Street, upon which it operates a private school and Chiaravalle seeks to demolish
the north part of the school facility and build an addition in its place. The City owns
the adjoining property to Chiaravalle known as Currey Park.
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In order to provide classroom instruction during construction period of the project,
Chiaravalle has requested permission to construct and occupy two mobile
classrooms on a portion of Currey Park for the period of 10 months.
Mr. Friedland also discussed additional easements: 1) geothermal easement that is
part of the construction of the building; 2) storm water easement under basketball
courts; 3) Water easement for the purpose of installing a new water line; 4)
construction easement for June 2014-August 2015.
Mr. Friedland noted that Chiaravalle purchased the land from the City in 2010 and
paid $200,000 in escrow toward the reconstruction of Currey Park.
Construction will end August 1, 2015 and the park will be regarded prior to City
restoration.
Ald. Burrus inquired about the parking agreement for this project. Mr. Friedland
explained that they did receive some zoning approval, but there is no parking
requirement onsite because it pre-dates its pre-existing use. Ald. Burrus explained
that a few Chiaravalle staff are receiving parking tickets regularly. There are also
issues with parking for the disabled population.
Ms. McCloud-Springer explained that the issue stems from street cleaning and snow
emergency restrictions. She stated that she is seeking a resolution for the issue.
The Committee voted unanimously 3-0 to recommend approval of the
resolution.
(A7) Resolution 20-R-14, Authorizing City Manager to Execute an Easement
Agreement with Chiaravalle Montessori School
Staff recommends approval of Resolution 20-R-14 to authorize the City Manager to
execute an easement agreement with Chiaravalle Montessori School (“Chiaravalle”)
to provide for easements for the benefit of Chiaravalle on and under the City’s park
property commonly known as “Currey Park”.
For Action
Ald. Rainey moved to recommend City Council authorize the City Manager to
execute an easement agreement with Chiaravalle Montessori School
(“Chiaravalle”) to provide for easements for the benefit of Chiaravalle on and
under the City’s park property commonly known as “Currey Park”, seconded
by Ald. Burrus.
The Committee voted unanimously 3-0 to recommend approval of the
agreement.
(A8) Ordinance 51-O-14, Approving and Authorizing Revenue Bonds and
Related Matters Thereto (Chiaravalle Conduit Financing)
Staff recommends City Council approval of Ordinance 51-O-14 as introduced, for
purposes of final action on April 28, 2014. Chiaravalle has requested the City act as
the conduit financing authority for their debt issuance as a part of the expansion of
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their renovations originally started with the City’s initial conduit debt issuance in April
2010. The City will not incur a liability to repay this debt in the event of a default by
Chiaravalle.
For Introduction
Ald. Holmes moved to recommend City Council approval of Ordinance 51-O-14
as introduced, for purposes of final action on April 28, 2014, seconded by Ald.
Rainey.
Assistant City Manager/CFO Marty Lyons explained the first issue is a refinance of
the original bond to receive a lower interest rate. The second issue is Chiaravalle
has requested the City act as the conduit financing authority for their debt issuance
of $2.93 million as a part of the expansion of their renovations. The City will not incur
a liability to repay this debt in the event of a default by Chiaravalle. This debt does
not appear in the City’s financial balance sheet, but does appear as a note in our
financial statements. Section 2 of the Ordinance outlines the fact the bonds are not
an indebtedness or obligation of the City, and no owner of the Bonds has the right to
compel the City to tax for payment of the Bonds.
We have worked with bond counsel, Chapman and Cutler, to create the necessary
bond ordinance, and are reviewing the required legal documents necessary for the
issuance. Chiaravalle will pay for the additional debt offering and an assessed .25%
interest rate charge on the issuance to cover the cost of our Bond Counsel.
Chapman and Cutler’s opinion will be attached in the final report.
At Ald. Rainey’s inquiry, Assistant City Manager Lyons confirmed that the bonds are
tax exempt. He added that Chiaravalle would be able to receive tax exempt bonds
without the City as a conduit depending on their use for the project.
After discussion, the Committee voted unanimously 3-0 to recommend
approval of the ordinance.
(A9) Ordinance 41-O-14 Amending the City Code to Establish a 4-Way Stop
Control at the Intersection of Broadway Avenue and Jenks Street
Staff recommends adoption of Ordinance 41-O-14 by which the City Council would
amend Section 10-11-5(D), Schedule V(D) of the City Code to establish a 4-Way
Stop Control at the intersection of Broadway Avenue and Jenks Street.
For Introduction
Ald. Holmes moved to recommend adoption of Ordinance 41-O-14 by which
the City Council would amend Section 10-11-5(D), Schedule V(D) of the City
Code to establish a 4-Way Stop Control at the intersection of Broadway
Avenue and Jenks Street, seconded by Ald. Burrus.
The Committee voted unanimously 3-0 to recommend the adoption of the
ordinance.
(A11) Ordinance 43-O-14, Decreasing the Number of Class C Liquor Licenses
for La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue
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Staff recommends City Council approval of Ordinance 43-O-14 which decreases the
number of authorized Class C liquor licenses from 23 to 22, due to issuance of an
upgraded liquor license C-1 to La Macchina Café, LLC d/b/a La Macchina Café
(“Company”), 1620 Orrington Avenue.
For Introduction
Ald. Burrus moved to recommend that City Council approve Ordinance 43-O-
14 which decreases the number of authorized Class C liquor licenses from 23
to 22, due to issuance of an upgraded liquor license C-1 to La Macchina Café,
1620 Orrington Avenue, seconded by Ald. Holmes.
The Committee voted unanimously 3-0 to recommend approval of the
ordinance.
(A12) Ordinance 44-O-14, Increasing the Number of Class C-1 Liquor Licenses
for La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue
Staff recommends City Council approval of Ordinance 44-O-14 which increases the
number of authorized Class C-1 liquor licenses from five to six to permit issuance to
La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620 Orrington
Avenue.
For Introduction
Ald. Burrus moved to recommend City Council approval of Ordinance 44-O-14
which increases the number of authorized Class C-1 liquor licenses from five
to six to permit issuance to La Macchina Café, 1620 Orrington Avenue,
seconded by Ald. Rainey.
The Committee voted unanimously 3-0 to recommend adoption of the
ordinance.
(A13) Ordinance 45-O-14, Decreasing the Number of Class I Liquor Licenses
for Ward Eight LLC d/b/a Ward Eight, 629 Howard Street
Staff recommends City Council approval of Ordinance 45-O-14 which amends
Evanston City Code of 2012 Subsection 3-4-6-(I), as amended, to decrease the
number of authorized Class I liquor licenses from one to zero due to issuance of an
upgraded Class D liquor license to Ward Eight LLC d/b/a Ward Eight (“Company”),
629 Howard Street.
For Introduction
Ald. Rainey moved to recommend that City Council approve Ordinance 45-O-
14 which amends Evanston City Code of 2012 Subsection 3-4-6-(I), as
amended, to decrease the number of authorized Class I liquor licenses from
one to zero due to issuance of an upgraded Class D liquor license to Ward
Eight LLC 629 Howard Street, seconded by Ald. Burrus.
The Committee voted unanimously 3-0 to recommend adoption of the
ordinance.
(A14) Ordinance 46-O-14, Increasing the Number of Class D Liquor Licenses
for Ward Eight LLC d/b/a Ward Eight, 629 Howard Street
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Staff recommends City Council approval of Ordinance 46-O-14 which amends
Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the
number of authorized Class D liquor licenses from 49 to 50 to permit issuance to
Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street.
For Introduction
Ald. Rainey moved to recommend City Council approval of Ordinance 46-O-14
which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended,
to increase the number of authorized Class D liquor licenses from 49 to 50 to
permit issuance to Ward Eight LLC, 629 Howard Street, seconded by Ald.
Burrus.
The Committee voted unanimously 3-0 to recommend adoption of the
ordinance.
(A16) Ordinance 40-O-14, Recognizing the Cessation of Evanston Township
and Codifying the City’s Assumption of the Duties and Obligations of
Evanston Township
Staff recommends City Council adoption of Ordinance 40-O-14. This ordinance is
companion legislation to Ordinance 52-O-14. A companion resolution, 1T-R-14, will
be on the agenda for action by the Town Board at the April 28, 2014 meeting. That
resolution will discontinue, abolish, and cease Township operations as of April 30,
2014.
For Introduction
Ald. Holmes moved to recommend City Council adoption of Ordinance 40-O-14
Recognizing the Cessation of Evanston Township and Codifying the City’s
Assumption of the Duties and Obligations of Evanston Township, a
companion resolution to 1T-R-14 to discontinue, abolish, and cease Township
operations as of April 30, 2014, seconded by Ald. Burrus.
Ald. Rainey asked if this ordinance includes the hiring of a lookalike tax assessor to
replace Bonnie Wilson’s department. City Manager Bobkiewicz explained that this
ordinance moves the budget as-is from the Township to the City. He added that he
has detailed his plan to move 3 of the current Township General Assistance and 1
assessor staff, which is not filled, to the City. He does not feel that the assessor is a
full-time position, however, the services still need to be offered. He will return to
Council in 2015 with an assessment and adjustments if necessary.
Ald. Rainey does not believe that we should hire anyone for the assessor position. It
should be deleted from the ordinance. She strongly believes that the City should not
be providing tax assistance as there are 10 other taxing bodies on our tax bills. It is
a duplicate of service of County Commissioner Larry Suffredin’s office. She moved
to amend the ordinance to delete that part of the position.
City Manager Bobkiewicz stated that the City has been authorized by the Illinois
General Assembly, assuming that the election results are certified by the City Clerk,
to assume the role of the Evanston Township Assessor. The plan he presented in
October, per the Council’s request, included one position. The current Township
budget contains three positions, including the elected assessor. He believes that we
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need to continue to provide the property tax assessment assistance, however, he
does not believe we need a full-time elected official and two additional staff to
perform the service. He believes the assessor position is a seasonal role and the
individual can perform other work.
Ald. Rainey noted that she opposed the plan when presented in October. She
supports subsidizing a part-time position in the County Commissioner’s Office. The
City does not need to take on the obligation of another set of benefits. She will speak
with Commissioner Suffredin’s office.
City Manager Bobkiewicz agreed, if the ordinance is introduced, to work with the
Legal Department on appropriate language to regarding this position.
After discussion, the Committee voted 2-1 with Ald. Rainey against the
adoption of the ordinance.
(A17) 52-O-14, Creating the City of Evanston General Assistance Fund and
Defining Other City Duties and Obligations
Staff recommends City Council adoption of Ordinance 52-O-14. This ordinance is
companion legislation to Ordinance 40-O-14.
For Introduction
Ald. Burrus moved to recommend City Council adoption of Ordinance 52-O-14
Creating the City of Evanston General Assistance Fund and Defining Other
City Duties and Obligations, seconded by Ald. Holmes.
The Committee voted 3-0 to adopt this ordinance.
IV. ITEMS FOR DISCUSSION
VI. COMMUNICATIONS
VII. ADJOURNMENT
Ald. Burrus moved to adjourn, seconded by Ald. Holmes.
The Committee voted unanimously 3-0 to adjourn. The meeting was
adjourned at 7:07p.m.
Respectfully submitted,
Janella Hardin
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To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Martin Lyons, Assistant City Manager/Chief Financial Officer
Shannon Sheriff, Accounts Payable Coordinator
Subject: City of Evanston Payroll and Bills
Date: April 24, 2014
Recommended Action: Staff recommends approval of the City of Evanston Payroll and
Bills List. Continuing in 2014 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 – March 24, 2014 through April 6, 2014 $2,624,609.88
(Payroll includes employer portion of IMRF, FICA, and Medicare)
Bills List – April 29, 2014 $3,637,765.55
General Fund Amount – Bills list $ 509,430.12
General Fund Amount – Supplemental list $ 0.00
General Fund Total: $ 509,430.12
TOTAL AMOUNT OF BILLS LIST & PAYROLL $6,262,375.43
*Advanced checks are issued prior to submission of the Bills List to the City Council for
emergency purposes, to avoid penalty, or to take advantage of early payment
discounts.
Credit Card Activity – Period Ending February 28, 2014 $120,686.35
Attachments: Bills List, February Credit Card Transactions
For City Council meeting of April 28, 2014 Item A1/A2
Business of the City by Motion: City Payroll and Bills
For Action
Memorandum
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100 GENERAL FUND
1300 CITY COUNCIL
62456 ON TRACK FULFILLMENT POST CAR MAILINGS 9TH WARD 438.47
62456 ON TRACK FULFILLMENT POST CARD MAILINGS 1ST WARD 437.81
62490 BEACHLER ENTERPRISE KEY TO CITY 308.71
1300 Total 1,184.99
1400 CITY CLERK
65080 INTL. CODE COUNCIL BOOKS 2,845.44
65095 RYDIN SIGN & DECAL DECALS 256.00
1400 Total 3,101.44
1505 CITY MANAGER
62295 WALTER BOBKIEWICZ NW MUNI.CONF. LEGISLATIVE DAYS 78.40
62509 GOV TEMPS USA, LLC CONSULTING SERVICES 9,051.00
65095 OFFICE DEPOT OFFICE SUPPLIES‐CARDHOLDER 151.40
1505 Total 9,280.80
1510 PUBLIC INFORMATION
62210 ON TRACK FULFILLMENT NEW RESIDENT CARD PRINTING 150.00
62210 ON TRACK FULFILLMENT NOYES POSTCARD 130.00
62665 ECTV VIDEO SERVICE 25,399.98
1510 Total 25,679.98
1705 LEGAL ADMINISTRATION
62345 FEDERAL EXPRESS CORP. DELIVERY CHARGES 50.44
1705 Total 50.44
1905 ADM.SERVICES‐ GENERAL SUPPORT
62185 ACCOUNTEMPS COLLECTION COORDINATOR 2,532.75
65095 OFFICE DEPOT OFFICE SUPPLIES‐ CLOCK/STAMP/CAL 51.31
1905 Total 2,584.06
1910 FINANCE DIVISION ‐ REVENUE
52505 LU, YI CITATION REFUND 55.00
62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 2,218.17
62449 DUNCANPARKING CITATION MANAGEMENT 47,410.06
64541 AZAVAR TECHNOLOGIES UTILITY TAX AUDITS 51.92
1910 Total 49,735.15
1925 FINANCE DIVISION ‐ PURCHASING
62185 ACCOUNTEMPS PURCHASING SERVICES 2,096.49
1925 Total 2,096.49
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
1 *ADVANCED PAYMENTS 95 of 446
1929 HUMAN RESOURCE DIVISION
62160 THEODORE POLYGRAPH PRE EMPLOYMENT TESTING 540.00
62274 TRANS UNION CORP MONTHLY INVOICE 98.34
65095 OFFICE DEPOT OFFICE SUPPLIES‐CORK BOARD/PENS 138.04
1929 Total 776.38
1932 INFORMATION TECHNOLOGY DIVI.
62185 BRAVESOFT TECH, INC ORACLE/SQL SUPPORT 1,430.00
62340 ACCELA, INC.PROFESSIONAL SERVICES 7,942.50
62340 ORACLE AMERICA, INC. ORACLE LICENSE SUPP. 9/13‐11/13 45,572.44
62340 AT & T COMMUNICATIONS CHARGES 101.80
62340 AVG TECHNOLOGIES USA YEARLY LICENSE 2,583.76
62380 COTG COPIER MAINTENANCE 3,042.83
62380 US BANK COPIER MAINTENANCE 2,790.58
64540 VERIZON WIRELESS TELECOMMUNICATION CHARGES 1,254.33
65095 OFFICE DEPOT OFFICE SUPPLIES‐PRINTER TONER 4,976.18
65095 OFFICE DEPOT OFFICE SUPPLIES‐TRANSFER ROLLER 166.30
65615 COMCAST CABLE COMMUNICATION CHARGES 7,706.08
65615 COMCAST CABLE COMMUNICATIONS CHARGES 3,857.12
65615 A & R SHARED SERVICE COMMUNICATION CHARGES 583.33
1932 Total 82,007.25
1941 PARKING ENFORCEMENT & TICKETS
52505 ROBERT CASSIDY PARKING CITATION REFUND 30.00
52530 JOHNSON, KATRINA BOOT REFUND 125.00
62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM 975.00
1941 Total 1,130.00
2101 COMMUNITY DEVELOPMENT ADMIN
65095 OFFICE DEPOT OFFICE SUPPLIES‐PENS/MARKERS 29.54
2101 Total 29.54
2105 PLANNING & ZONING
65095 OFFICE DEPOT OFFICE SUPPLIES‐BINDER CLIP 10.92
65095 OFFICE DEPOT OFFICE SUPPLIES‐LASER LABLES 102.29
65095 OFFICE DEPOT OFFICE SUPPLIES‐TAPE/NOTE 52.85
65095 OFFICE DEPOT OFFICE SUPPLIES‐WALL SIGN 10.46
2105 Total 176.52
2120 HOUSING REHABILITATION
62295 BUILDING & FIRE CODE BUILDING CODE TRAINING 295.00
2120 Total 295.00
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
2 *ADVANCED PAYMENTS 96 of 446
2126 BUILDING INSPECTION SERVICES
52080 PRESBYTERIAN HOMES REFUND‐OVERSTATED WORK 508.70
62190 CLEAN CITY INNOV. GRAFFITI REMOVAL 795.00
62360 HOWARD, RUDNY LICENSE EXAM FEE 100.00
2126 Total 1,403.70
2128 EMERGENCY SOLUTIONS GRANT
67110 CONN. HOMELESS ESG 4TH PAYMENT 3,504.35
67110 CONN. HOMELESS ESG 5TH PAYMENT 7,413.51
2128 Total 10,917.86
2205 POLICE ADMINISTRATION
61055 NET TRANSCRIPTS, INC. TRANSCRIPTS 42.00
62210 H & H PRINTING POLICE GENERAL INFO HANDBOOKS 998.43
62225 SMITH MAINTENANCE JANITORIAL SERVICE CONTRACT 3,043.98
62295 MATTHEW KERLEY MEALS‐MACTAC CLASS 45.00
62360 NELSON, KELLI CONSULTANT 2,317.70
62360 NELSON, KELLI CONSULTANT‐VICTIM SERVICES 1,146.75
62360 WILD CROW COMM. MEETING POSTS 150.00
62375 WEST GROUP PMT CNTR MONTHLY FEE‐DECEMBER 2013 296.10
62375 WEST GROUP PMT CNTR MONTHLY FEE‐FEBRUARY 2014 296.10
62375 WEST GROUP PMT CNTR MONTHLY FEE‐JANUARY 2014 296.10
62375 WEST GROUP PMT CNTR MONTHLY FEE‐MARCH 2014 296.10
62375 IDENTISYS ID CARDS 1,552.00
64015 NICOR UTILITIES‐FEBRUARY 2014 468.15
64540 VERIZON WIRELESS COMMUNICATION CHARGES‐MARCH 76.02
65040 LAPORT INC JANITORIAL SUPPLIES 709.90
65085 A‐MIDWEST BOARD‐UP BOARD‐UP SERVICES 293.00
65085 UNITED SERVICES BOARD‐UP 299.00
65125 EVANSTON FUNERAL REMOVAL SERVICE 1,009.00
68205 NAT. AWARD SERVICES ENGRAVE PLAQUE 65.00
68205 NAT. AWARD SERVICES ENGRAVED PLAQUE 65.00
68205 NAT. AWARD SERVICES ENGRAVING 22.50
68205 ARTISTIC ENGRAVING EQUIPMENT 40.00
2205 Total 13,527.83
2210 PATROL OPERATIONS
65020 VCG UNIFORM UNIFORMS 2,611.70
2210 Total 2,611.70
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
3 *ADVANCED PAYMENTS 97 of 446
2240 POLICE RECORDS
65095 ALLEGRA PRINT ENVELOPES 606.00
65095 IL. PAPER COMPANY PAPER 1,404.00
65095 MSF GRAPHICS, INC. ENVELOPES 222.80
65095 OFFICE DEPOT OFFICE SUPPLIES‐BULLETIN BOARD 282.81
65095 OFFICE DEPOT OFFICE SUPPLIES‐CHAIRMAT/TRASH 1,146.54
65095 OFFICE DEPOT OFFICE SUPPLIES‐DESKPAD 27.12
65095 OFFICE DEPOT OFFICE SUPPLIES‐NOTES 18.04
65095 OFFICE DEPOT OFFICE SUPPLIES‐SOLAR MAT 450.40
65095 OFFICE DEPOT OFFICE SUPPLIES‐TONER 32.80
65095 OFFICE DEPOT OFFICE SUPPLIES‐TONER/STAPLER 197.95
2240 Total 4,388.46
2250 SERVICE DESK
62425 COLLEY ELEVATOR CO. ELEVATOR SERVICE 176.00
2250 Total 176.00
2251 311 CENTER
64505 VERIZON WIRELESS COMMUNICATION CHARGES‐MARCH 38.01
2251 Total 38.01
2255 OFFICE‐PROFESSIONAL STANDARDS
61055 NET TRANSCRIPTS, INC. TRANSCRIPTS 420.00
2255 Total 420.00
2260 OFFICE OF ADMINISTRATION
62295 CORREA, ANTHONY MEALS‐LAW REVIEW SUPERVISORS 45.00
62295 NOBLE, TANYA J.ILETSB WOMENS CONFERENCE 161.28
62295 HICKS, BRIAN M.MEALS‐40 HOUR GANG SKILLS CLASS 75.00
62295 EAC HEALTH CLUB VISITS 933.10
62295 NEMRT TRAINING 400.00
62295 CHARLOTTE A. HART ILETSB WOMENS CONFERENCE 161.28
62295 DR. ROBERT SOBO TRAIN PEER SUPPORT IN‐SERVICE 900.00
62295 IVAN REZA MACTAC CLASS 45.00
62295 ADAMAX TACTICAL TRAINING 3,000.00
2260 Total 5,720.66
2270 TRAFFIC BUREAU
65125 SPRAGUE, EMILY TOW REFUND 185.00
65125 KIM, CHRISTINA TOW REFUND 185.00
65125 TEKLE, ABEBE TOW REFUND 185.00
65125 MARSENA LEE TOW REFUND 185.00
2270 Total 740.00
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
4 *ADVANCED PAYMENTS 98 of 446
2280 ANIMAL CONTROL
62225 ANDERSON PEST ANIMAL SHELTER 52.76
64015 NICOR UTILITIES‐MARCH 2014 1,654.67
65125 BETTER METHODS ANIMAL SHELTER SUPPLIES 421.15
65125 HILLS PET NUTRITION PET FOOD 498.00
65125 PETSMART ANIMAL SHELTER‐KITTY LITTER 59.92
2280 Total 2,686.50
2305 FIRE MGT & SUPPORT
62270 HEALTH ENDEAVORS FLU VACCINATIONS 220.00
62315 FEDERAL EXPRESS CORP. SHIPPING 117.70
64015 NICOR UTILITIES‐FEBRUARY 2014 1,825.67
64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.04
65020 AIR ONE EQUIPMENT UNIFORMS 732.00
65020 ILLINOIS FIRE STORE UNIFORMS 236.11
65020 ON TIME EMBROIDERY UNIFORMS 2,034.70
65095 OFFICE DEPOT OFFICE SUPPLIES‐BINDER/LAMINATE 133.20
65095 OFFICE DEPOT OFFICE SUPPLIES‐SHREDDER 233.99
65095 OFFICE DEPOT OFFICE SUPPLIES‐USB DRIVE 79.50
65095 OFFICE DEPOT OFFICE SUPPLIES‐USB DRIVE/TAPE 224.43
2305 Total 5,989.34
2315 FIRE SUPPRESSION
53675 ANDRES MEDICAL BILL. AMBULANCE CHARGES‐FEBRUARY 5,005.58
62295 ACUTE CARE EDUCATION MEMBERS TRAINING 7,220.00
62295 NE IL PUBLIC SAFETY TRAINING 30.00
62430 SMITH MAINTENANCE JANITORIAL SERVICE CONTRACT 626.19
62521 PHYSIO‐CONTROL, INC. 2014 MAINTENANCE 12,387.84
65015 PRAXAIR DISTIBUTION MEDICAL OXYGEN 856.80
65040 GRAINGER, INC., W.W. STATION 5 LIGHTS 121.20
65040 LAPORT INC JANITORIAL SUPPLIES 157.06
65040 STATE CHEMICAL JANITORIAL SUPPLIES 509.99
2315 Total 26,914.66
2435 FOOD & ENVIRONMENTAL HEALTH
62345 COOK RECORDER DEEDS RECORDINGS 200.00
62371 SPECIALTY PREMIUM GRP FIRST AID WHEELS 784.15
62477 OFFICE DEPOT OFFICE SUPPLIES‐WRIST REST 32.90
65095 SPECIALTY PREMIUM GRP HAND SANITIZER WITH CARABINER 420.00
2435 Total 1,437.05
2440 VITAL RECORDS
62490 IL DEP. OF PUB. HEALTH DEATH CERTIFICATES 1,484.00
65095 OFFICE DEPOT OFFICE SUPPLIES‐BAG 5.29
65095 OFFICE DEPOT OFFICE SUPPLIES‐DESKPAD 46.10
65095 OFFICE DEPOT OFFICE SUPPLIES‐NOTES 17.98
2440 Total 1,553.37
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
5 *ADVANCED PAYMENTS 99 of 446
2455 COMMUNITY HEALTH
62371 QUARTET COPIES PRINTING 412.50
2455 Total 412.50
2605 DIRECTOR OF PUBLIC WORKS
64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01
2605 Total 38.01
2610 MUNICIPAL SERVICE CENTER
62225 SMITHEREEN PEST PEST MANAGEMENT 93.00
62415 FLUORECYCLE, INC. HAZARDOUS WASTER DISPOSAL 979.29
62430 SMITH MAINTENANCE JANITORIAL SERVICE CONTRACT 1,450.68
64015 NICOR UTILITIES‐FEBRUARY 2014 2,235.46
65020 SILK SCREEN EXPRESS AFSCME UNION UNIFORMS 18,856.63
2610 Total 23,615.06
2625 ENGINEERING
62210 FEDERAL EXPRESS CORP. SHIPPING 26.73
2625 Total 26.73
2640 TRAF. SIG. & ST. LIGHT. MAINT
64008 CONSTELLATION UTILITIES‐FEBRAUARY 2014 122.45
2640 Total 122.45
2655 PARKS & FORESTRY MAINT. & OPER.
65005 WEST CNTRL MUNI. CONF TRIUMPH ELM 2,700.00
65055 CONSERV FS STEEL T POSTS 483.00
65070 RUSSO POWER EQUIP. RACK LINE TRIMMER 199.00
2655 Total 3,382.00
2665 STREETS AND SANITATION ADMINIS
64540 VERIZON WIRELESS TELECOMMUNICATION CHARGES 380.10
65625 ATLAS BOBCAT, INC. TOOLCAT SIDE WALK TRACTORS 99,787.66
2665 Total 100,167.76
2670 STREET AND ALLEY MAINTENANCE
62415 PLCS CORP. PLAT OF DEDICATION 3,350.00
65055 PETER BAKER & SON CO. ASPHALT 4,754.00
2670 Total 8,104.00
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
6 *ADVANCED PAYMENTS 100 of 446
2677 FACILITIES
62225 ANDERSON PEST PEST MANAGEMENT SERVICE 464.20
62225 MARK VEND COMPANY ALDERMANIC LIBRARY 205.79
62225 DUSTCATCHERS, INC. FLOOR MAT SERVICE 229.00
62225 SMITH MAINTENANCE JANITORIAL SERVICE CONTRACT 4,669.91
62245 COMCAST CABLE COMMUNICATION CHARGES 40.04
64015 NICOR UTILITIES‐MARCH 2014 488.12
64015 DOMINION RETAIL EVANSTON ART CENTER 247.96
65040 WAREHOUSE DIRECT JANITORIAL SUPPLIES 1,606.42
65050 EQUIPMENT DEPOT OF IL ANNUAL INSPECTION GENIE LIFT 177.35
65050 EQUIPMENT DEPOT OF IL REPAIR GENIE LIFT LEVY 125.00
65050 DUNDEE MANAGEMENT BACKROUND SCREENING 20.00
65050 HOUSING OP. DEV. CREDIT REPORTS FOR APPLICANTS 50.00
2677 Total 8,323.79
2680 SNOW AND ICE CONTROL
62451 VIC'S TOWING, INC. SNOW TOW PAYMENT 840.00
2680 Total 840.00
3005 REC. MGMT. & GENERAL SUPPORT
62360 NRPA MEMBERSHIP DUES 700.00
3005 Total 700.00
3010 REC. BUSINESS & FISCAL MGMT
62705 PLUG & PAY TECH. ONLINE PAYMENT PROCESSING FEE 258.85
3010 Total 258.85
3020 REC GENERAL SUPPORT
62210 ACTION PRINTING 2014 SPRING SUMMER GUIDE 16,441.87
62360 NRPA MEMBERSHIP DUES 300.00
65125 VERIZON WIRELESS COMMUNICATION CHARGES 627.33
3020 Total 17,369.20
3025 PARK UTILITIES
64005 COMED UTILITIES‐MARCH 2014 239.63
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 1,864.51
3025 Total 2,104.14
3030 CROWN COMMUNITY CENTER
62245 NORTH SHORE ELECTRIC REPAIRS TO FACILITIES 270.00
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 2,532.01
64015 NICOR UTILITIES‐FEBRUARY 2014 173.58
3030 Total 2,975.59
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
7 *ADVANCED PAYMENTS 101 of 446
3035 CHANDLER COMMUNITY CENTER
61625 MICHELLE E TOMPKINS CAMP WORKSHOP REIMBURSEMENT 113.23
62505 CHESS WIZARDS, INC. INSTRUCTION CHESS CAMP CLASSES 2,431.52
62507 CLASSIC BOWL PEE WEE SPRING BREAK CAMP 32.00
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 1,204.46
64015 NICOR UTILITIES‐FEBRUARY 2014 296.53
65025 DOERNER, RAY LUNCH‐MAR. MADNESS VOLUNTEERS 115.45
65040 LAPORT INC JANITORIAL SUPPLIES 208.72
65095 IL. PAPER COMPANY OFFICE PAPER 103.80
3035 Total 4,505.71
3040 FLEETWOOD JOURDAIN COM CT
62225 STA‐KLEEN INC.OVEN & COOKING SURFACE CLEAN 39.00
62495 ANDERSON PEST PEST CONTROL 82.00
62505 PARNTHER, STEVE BASKETBALL INSTRUCTION 200.00
62518 ADT SECURITY SYSTEMS QUARTERLY SECURITY SERVICE 1,441.24
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 2,017.02
64015 NICOR UTILITIES‐FEBRUARY 2014 448.69
65025 CATHOLIC CHARITIES CONGREGATE MEAL PROGRAM 697.60
65040 LAPORT INC JANITORIAL SUPPLIES 708.93
65070 DME ACCESS, INC. MONTHLY ELEVATOR MAINTENANCE 560.00
65110 COMCAST CABLE COMMUNICATION CHARGES‐MARCH 2014 176.67
65110 CINTAS CLEANING SERVICE OF MATS 163.04
65110 MITY‐LITE INC.HEAVY DUTY BROWN CHAIRS 4,469.87
3040 Total 11,004.06
3045 FLEETWOOD/JOURDAIN
62210 EVANSTON PHOTO. 2013 GOSPEL FEST ‐ VIDEOGRAPHER 200.00
62210 EVANSTON PHOTO. 2014 MLK VIDEOGRAPHY 100.00
62505 WRIGHT, CHRISTINA INSTRUCTOR 360.00
62511 FISHER, LAURA T.PERF. STIPEND BLACK HIST. MONTH 50.00
62511 MUSE OF FIRE THEATRE INSTRUCTOR 125.00
62511 SEAN (BLAKE) SANDERS PERF. STIPEND BLACK HIST. MONTH 50.00
3045 Total 885.00
3050 RECREATION OUTREACH PROGRAM
62210 GENERATION COPY INC COPIES OF FLYER 175.00
62495 ANDERSON PEST PEST CONTROL 33.33
62511 MUSE OF FIRE THEATRE INSTRUCTOR 125.00
3050 Total 333.33
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
8 *ADVANCED PAYMENTS 102 of 446
3055 LEVY CENTER SENIOR SERVICES
62205 EVANSTON ROUNDTABLE LLC ALADIN JR. ADVERTISMENT 302.00
62210 ALLEGRA PRINT LEVY NEWS LETTER 669.00
62245 FOLDING PARTITION SERVICE CALL 1,020.00
62295 CHRISTINA FERRARO TRAVEL REIMBURSEMENT 180.00
62495 ANDERSON PEST MONTHLY PEST CONTROL 44.94
62505 COMPUTER TRAIN. COMPUTER TRAINING 50.00
62505 CONNELLY'S ACADEMY TAE KWON DO INSTRUCTION 11,740.80
62505 TAGS BAKERY CUPCAKES 73.50
62505 TAJ 6 BELLY DANCE GRP CLASSES 350.00
62505 MALGORZATA JANKIEWIC INSTRUCTOR BEADING CLASS 473.00
62509 CINTAS CLEANING SERVICE 140.70
62509 HENRICHSEN FIRE FIRE EXTINGUISHER SERVICE 61.45
62511 COMCAST CABLE COMMUNICATION CHARGES‐MARCH 134.08
62518 ADT SECURITY SYSTEMS ANNUAL SERVICE CHARGE 154.50
62695 BEST TAXI REIMBURSE TAXI COUPONS 4,800.00
62695 303 TAXI REIMBURSE TAXI COUPONS 10,080.00
62695 303 TAXI TAXI COUPON REIMBURSMENT 10,074.00
62695 AMERICAN CHARGE REIMBURSE TAXI COUPONS 186.00
62695 METRO CABS 1 LLC REIMBURSE TAXI COUPONS 330.00
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 3,842.91
64015 NICOR UTILITIES‐FEBRUARY 2014 482.80
65025 CATHOLIC CHARITIES CONGREGATE MEAL PROGRAM 479.60
65040 LAPORT INC JANITORIAL SUPPLIES 424.56
65095 IL. PAPER COMPANY OFFICE PAPER 225.60
65095 OFFICE DEPOT OFFICE SUPPLIES‐MARKER/FOLDER 66.55
3055 Total 46,385.99
3080 BEACHES
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 117.92
3080 Total 117.92
3095 CROWN ICE RINK
62245 JORSON & CARLSON BLADE SHARPENING 136.92
62375 JEAN'S GREENS, INC. PLANT SERVICE 100.00
62495 ANDERSON PEST PEST CONTROL 79.00
62508 SHAWN PFEIFFER REFEREE FOR ADULT BROOMBALL 180.00
62508 MATTHEW LEVI REFEREE FOR ADULT BROOMBALL 180.00
62508 KRISTOFER R. KNUTSON REFEREE FOR ADULT BROOMBALL 360.00
62508 LAPPING, RENEE SCOREKEEPER ADULT BROOMBALL 156.00
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 7,596.02
64015 NICOR UTILITIES‐FEBRUARY 2014 520.72
3095 Total 9,308.66
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
9 *ADVANCED PAYMENTS 103 of 446
3205 COMMUNITY RELATIONS
62205 NICKOCORP FARMERS MARKET POSTERS 140.00
3205 Total 140.00
3215 YOUTH ENGAGEMENT DIVISION
62205 EVANSTON TWNSHP HS SYE ‐ ADVERTISING 60.00
62490 EVANSTON TWNSHP HS SYP STUDENT WAGES 3,142.00
62490 YOUTH JOB CTR. SYE JOB FAIR WORKSHOPS 3,300.00
3215 Total 6,502.00
3605 ECOLOGY CENTER
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 459.10
3605 Total 459.10
3700 NOYES CULTURAL ARTS CTR
62185 GLORIA BOND CLUNIE CULTURAL FUND GRANT REVIEW 75.00
62490 RUIZ, ALFONSO NIEVES ARTS LEADERSHIP AWARDS 200.00
62490 NATIONAL AWARD SVS ARTS LEADERSHIP AWARDS 35.00
3700 Total 310.00
3710 NOYES CULTURAL ARTS CENTER
62495 ANDERSON PEST MONTHLY PEST CONTROL 39.14
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 1,532.79
64015 NICOR UTILITIES‐FEBRUARY 2014 578.68
65040 LAPORT INC JANITORIAL SUPPLIES 215.02
3710 Total 2,365.63
3720 CULTURAL ARTS PROGRAMS
62205 CHICAGO'S N SHORE ADVERTISING 500.00
62511 BOTTARI, LIONEL PERFORMANCE‐SPRING BREAK CAMP 375.00
62511 BENHAM, AARON PERFORMANCE‐SPRING BREAK CAMP 50.00
62511 GOVERTSEN, DAVID PROGRAM FOR SPRING BREAK 50.00
3720 Total 975.00
3806 CIVIC CENTER SERVICES
64015 NICOR UTILITIES‐FEBRUARY 2014 1,044.46
3806 Total 1,044.46
100 GENERAL FUND Total 509,430.12
195 NEIGHBORHOOD STABILIZATION FUND
62490 MULLIN & LONERGAN ANALYSIS IMPEDIMENTS 1,507.50
195 FUND Total 1,507.50
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
10 *ADVANCED PAYMENTS 104 of 446
205 EMERGENCY TELEPHONE (E911) FUND
5150 EMERGENCY TELEPHONE SYSTM
62509 MOTOROLA POLICE SERVICE RENEWAL 38,546.46
64505 AT & T COMM. CHARGES‐911 MARCH 2014 647.50
64540 VERIZON WIRELESS COMM. CHARGES‐MARCH 2014 2,964.78
5150 Total 42,158.74
205 FUND Total 42,158.74
215 CDBG FUND
5203 HANDYMAN
63095 GOSS & ASSOCIATES, INC. HANDY MAN PROGRAM 982.77
5203 Total 982.77
5205 TARGETED CODE ENFORCEMENT
62770 TEPIC LANDSCAPING, INC. RUBBISH REMOVAL 725.00
5205 Total 725.00
215 FUND Total 1,707.77
220 CDBG LOAN
5280 CD LOAN
65535 VALUE REMODELING INC SNRSA CASE #0012 1,215.00
5280 Total 1,215.00
220 FUND Total 1,215.00
225 ECONOMIC DEVELOPMENT FUND
5300 ECON. DEVELOPMENT FUND
62659 NOW WE'RE COOKIN' FIRST QTR GRANT PAYMENT 14,075.00
62660 BROUGHTON, CAROLYN EVANSTON EDGE ARTICLE 125.00
62660 WILD CROW WELL FED CHICAGO ARTICLE 120.00
65522 RENAISSANCE REALTY DR HILL MEMORIAL GARDEN 2,500.00
5300 Total 16,820.00
225 FUND Total 16,820.00
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
11 *ADVANCED PAYMENTS 105 of 446
240 HOME FUND
5430 HOME FUND
65535 CONN. FOR HOMELESS TBRA HOME PROGRAM 2ND PMT 8,003.30
65535 JUST BUILDERS INC. HOUSING OP. SCATTERED REHAB 83,096.50
5430 Total 91,099.80
240 FUND Total 91,099.80
320 DEBT SERVICE FUND
62350 WELLS FARGO BANK GOCP SERIES 2011A 250.00
320 FUND Total 250.00
330 HOWARD‐RIDGE TIF FUND
5860 HOWARD RIDGE TIF
56010 SMITH MAINTENANCE JANITORIAL SERVICE 340.00
64015 NICOR UTILITIES‐MARCH 2014 25.46
5860 TIF Total 365.46
330 FUND Total 365.46
415 CAPITAL IMPROVEMENTS FUND
4150 CAPITAL PROJECTS
415414 62135 KETTELKAMP & KETTELKAMP EVANSTON PARK LAGOON 1,100.00
416127 62145 SHABICA & ASSOCIATES CHURCH STREET BOAT RAMP 18,655.20
415875 65515 IL DEPT OF TRANSP. CMAQ CHICGAO AVE SIGNAL 61,060.89
415857 65515 STANLEY CONSULTANTS SHERIDAN ROAD SIGNAL PROJECT 3,192.85
4150 Total 84,008.94
4150 CAPITAL PROJECTS
415663 65511 ALTUS WORKS, INC. 2013 NOYES CENTER CHIMNEY 1,433.77
4150 Total 1,433.77
4150 CAPITAL PROJECTS
416147 65515 A LAMP CONCRETE CIP3 STREET RESURFACING 79,802.40
415857 65515 A LAMP CONCRETE CIP3 STREET RESURFACING 38,061.31
415937 65515 A LAMP CONCRETE CIP3 STREET RESURFACING 12,847.20
415938 65515 ALFRED BENESCH & CO. BRIDGE ST. BRIDGE PROJECT 59,322.86
4150 Total 190,033.77
415 FUND Total 275,476.48
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
12 *ADVANCED PAYMENTS 106 of 446
505 PARKING SYSTEM FUND
7005 PARKING SYSTEM MGT
62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 3,271.02
65095 FEDERAL EXPRESS CORP. TRANSPORTATION SERVICES 20.30
65515 NEW WORLD SYSTEMS CONSULTING SERVICES 1,472.30
65515 SCHAFER CONSULTING CONSULTING SERVICES 13,101.53
68205 VERIZON WIRELESS COMMUNICATION CHARGES 149.94
7005 Total 18,015.09
7015 PARKING LOTS & METERS
62230 EVANSTON SIGNS GRAP. PAY STATION SIGNS 4,935.00
62245 TOTAL PARKING SOL. PAY STATION MAINT 3,360.00
62375 CTA/AB MONTHLY RENT LOT 19 990.00
62375 MCGAW YMCA PARKING METER SERVICES 3,843.81
64005 COMED MONTHLY ELECTRIC BILL FOR LOT 60 165.13
65070 COMED MONTHLY ELECTRIC BILL FOR LOT 14 257.57
65070 IPS GROUP, INC.MONTHLY METER TRANS. BILL 327.60
7015 Total 13,879.11
7025 CHURCH STREET GARAGE
53515 GARCIA, NATALIE ACCESS CARD DEPOSIT REFUND 25.00
53515 TYLER, EMMA ACCESS CARD DEPOSIT REFUND 25.00
53515 LIEBHUBER, BRANDON ACCESS CARD DEPOSIT REFUND 25.00
53515 PATRICK, ALLISON ACCESS CARD DEPOSIT REFUND 25.00
62509 REVCON TECHNOLOGIES GARAGE MONITORING SYSTEM 1,590.00
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 6,115.65
7025 Total 7,805.65
7036 SHERMAN GARAGE
53515 FESHAYE, IIEN ACCESS CARD DEPOSIT REFUND 25.00
53515 SWOPES, DANNY ACCESS CARD DEPOSIT REFUND 25.00
53515 MEHUREDI, ADRIAN ACCESS CARD DEPOSIT REFUND 25.00
62509 REVCON TECHNOLOGIES GARAGE MONITORING SYSTEM 4,506.00
62660 INLAND AMERICAN MAINTENANCE 7,016.41
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 16,534.09
7036 Total 28,131.50
7037 MAPLE GARAGE
53515 FUHLER, RON ACCESS CARD DEPOSIT REFUND 25.00
53515 NEVILLE, KATHLEEN ACCESS CARD DEPOSIT REFUND 25.00
53515 HAMLIN‐SPENCER, MARY ACCESS CARD DEPOSIT REFUND 25.00
53515 PERLMAN, LIZ ACCESS CARD REFUND 25.00
62509 REVCON TECHNOLOGIES GARAGE MONITORING SYSTEM 3,021.60
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 12,674.50
7037 Total 15,796.10
505 FUND Total 83,627.45
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
13 *ADVANCED PAYMENTS 107 of 446
510 WATER FUND
7100 WATER GENERAL SUPPORT
53575 FEDERAL EXPRESS CORP. SHIPPING 105.74
62295 ANTHONY NAMOVICZ IL PLUMBING INSPECTION ASSOC. 100.00
62315 FEDERAL EXPRESS CORP. SHIPPING 17.33
65070 OFFICE CONCEPTS OFFICE FURNITURE 1,678.61
7100 Total 1,901.68
7105 PUMPING
64005 CONSTELLATION UTILITIES‐FEBRAUARY 2014 65,489.20
64015 NICOR UTILITIES‐FEBRUARY 2014 1,953.29
64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02
7105 Total 67,518.51
7110 FILTRATION
62420 METRO. WATER REC. ANNUAL USER FEE‐SLUDGE REMOV.81,912.83
62465 UNDERWRITERS LAB. LAB TESTING 50.00
64540 VERIZON WIRELESS TELECOMMUNICATION CHARGES 76.02
7110 Total 82,038.85
7115 DISTRIBUTION
62415 G & L CONTRACTORS DEBRIS HAULING 7,680.00
64540 VERIZON WIRELESS TELECOMMUNICATION CHARGES 76.02
7115 Total 7,756.02
7125 OTHER OPERATIONS
62455 INFOSEND, INC.UTILITY BILL PRINTING & MAILING 1,512.00
62460 HARRIS NORTHSTAR/NEW WORLD 6,150.00
7125 Total 7,662.00
7130 WATER CAPITAL OUTLAY
65702 MIDWEST WATER CONSTRUCTION LIGHTING 5,110.00
7130 Total 5,110.00
510 FUND Total 171,987.06
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
14 *ADVANCED PAYMENTS 108 of 446
513 WATER DEPR IMPRV & EXTENSION
7330 WATER FUND DEP, IMP, EXT
65515 GLENBROOK EXCAVATING 2012 WATER MAIN REPLACEMENT 144,953.98
65515 GLENBROOK EXCAVATING 2013 WATER MAIN REPLACEMENT 38,251.73
65515 GLENBROOK EXCAVATING CIP I WATER MAIN & STREET 56,216.13
65515 A LAMP CONCRETE CIP II WATER MAIN & STREET 106,270.76
7330 FUND Total 345,692.60
7340 WATER DEP. IMP. & EXT.
65515 WATER RESOURCES WATER METER 101,432.45
7340 Total 101,432.45
513 FUND Total 447,125.05
515 SEWER FUND
7400 SEWER MAINTENANCE
64540 VERIZON WIRELESS TELECOMMUNICATION CHARGES 38.01
7400 Total 38.01
7420 SEWER IMPROVEMENTS
65515 A LAMP CONCRETE CIP II WATER MAIN & STREET 19,202.00
7420 Total 19,202.00
515 FUND Total 19,240.01
520 SOLID WASTE FUND
7685 REFUSE COLLECT & DISPOSAL
62415 GROOT FY2014 RESIDENTIAL REFUSE COLL.138,186.00
7685 TOTAL 138,186.00
7690 RESIDENTIAL RECYCLING
64015 NICOR UTILITIES‐FEBRUARY 2014 366.46
7690 TOTAL 366.46
520 FUND Total 138,552.46
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
15 *ADVANCED PAYMENTS 109 of 446
600 FLEET SERVICES FUND
7705 GENERAL SUPPORT
62245 STANDARD INDUSTRIAL PRESSURE WASHER REPAIR 1,399.76
62295 MUNICIPAL FLEET MGRS ANNUAL DUES 30.00
62360 SPECIALTY TECHNICAL FEDERAL COMPLIANCE GUIDE 625.00
64540 VERIZON WIRELESS TELECOMMUNICATION CHARGES 38.01
65095 OFFICE DEPOT OFFICE SUPPLIES 51.63
65095 OFFICE DEPOT OFFICE SUPPLIES‐HIGHLIGHTER 3.26
7705 Total 2,147.66
7710 MAJOR MAINTENANCE
62295 MUNICIPAL FLEET MGRS MEETING 100.00
62355 CINTAS #22 UNIFORM SERVICE 127.57
62355 CINTAS #22 WEEKLY UNIFORM SERVICE 127.57
62355 CINTAS #769 WEEKLY MAT SERVICE 182.28
65015 1ST AYD CORPORATION LUBES & SOLVENTS 741.84
65015 CERTIFIED LAB GREASE FOR SHOP 1,251.00
65015 APC STORES AUTOMOTIVE WORK 39.99
65035 CITY WELDING WELDING GASES 81.48
65060 AETNA TRUCK FUEL/WATER 152.92
65060 CUMBERLAND ACCESSORY RELAY 216.50
65060 CUMBERLAND PANEL 532.96
65060 CUMBERLAND RADIATOR REPAIR #716 1,707.75
65060 CUMBERLAND WORK BRAKE SWITCH 38.29
65060 DOUGLAS TRUCK PARTS CONTOUR WIPER BLADES 64.26
65060 DOUGLAS TRUCK PARTS MARKER LIGHTS 94.20
65060 DOUGLAS TRUCK PARTS SPOT LIGHT 89.10
65060 DUECO, INC.ANNUAL INSPECTION #159 748.15
65060 DUECO, INC.ANNUAL INSPECTION #163 754.80
65060 DUECO, INC.ANNUAL INSPECTION #165 714.86
65060 FLINK COMPANY CLEVIS PIN PLAIN 86.27
65060 FLINK COMPANY COMPRESSION SPRING 35.96
65060 FLINK COMPANY PLOW EXTENSION 62.45
65060 FLINK COMPANY SINGLE ACTING CYLINDER #584 556.99
65060 GROVER WELDING WELDING GASES/REPAIRS #170 843.40
65060 GROVER WELDING WELDING GASES/REPAIRS #576 60.00
65060 GROVER WELDING WELDING GASES/REPAIRS #584 689.54
65060 GROVER WELDING WELDING GASES/REPAIRS #615 466.90
65060 GROVER WELDING WELDING GASES/REPAIRS #714 372.65
65060 HAVEY COMM.EMERGENCY LIGHTING 2,813.45
65060 INTERSTATE BATTERY 2014 BATTERY PURCHASES 649.55
65060 LEACH ENTERPRISES, INC. BOLT CLAMP 59.56
65060 LEACH ENTERPRISES, INC. BRAKES #586 167.49
65060 LEACH ENTERPRISES, INC. CLEVIS SLIP 16.26
65060 LEACH ENTERPRISES, INC. WHEEL SEAL & DRUM #564 86.54
65060 LEACH ENTERPRISES, INC. WHEEL SEAL & DRUM #585 47.12
65060 MONROE TRUCK DE‐ICING FITTINGS 668.32
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
16 *ADVANCED PAYMENTS 110 of 446
65060 MONROE TRUCK PLOW LIFT ARM #616 971.00
65060 REGIONAL TRUCK WIRING REPAIR #166 192.32
65060 SES INC REPAIRS #600 1,899.96
65060 STANDARD EQUIPMENT BUSHING MRP 106.98
65060 VERMEER MIDWEST BRAKE SHOE #564 561.20
65060 WEST SIDE TRACTOR BUCKET CYLINDER #681 2,253.63
65060 WEST SIDE TRACTOR TRANS FILTERS 111.32
65060 WHOLESALE DIRECT INC LIGHTING 202.32
65060 WHOLESALE DIRECT INC TAPE 142.00
65060 GEIB INDUSTRIES, INC. HYDRAULIC HOSE #324 538.41
65060 R & R SPECIALTIES OF WI OIL FILTER FOR ZAMBONI 65.09
65060 HERITAGE CRYSTAL WATER 211.47
65060 GLOBAL EMERGENCY FOOTSWITCH #322 81.05
65060 GLOBAL EMERGENCY HANDLE #323 30.85
65060 FASTENAL COMPANY BOLTS 3.23
65060 FOSTER COACH SALES SIRENS & SPEAKERS #317 276.57
65060 CINTAS #769 WEEKLY MAT SERVICE 182.28
65060 SPEX HAND WASH CAR WASHES 1,353.00
65060 SPAULDING MFG. INC. BOX PUMP FILTERS #629 392.12
65060 TRIANGLE SERVICE, INC. RADIATOR REPAIR #714 475.00
65060 ULINE POLYBAG 89.82
65060 CARQUEST EVANSTON AIR FILTER 27.59
65060 CARQUEST EVANSTON BEARING PACKER 27.54
65060 CARQUEST EVANSTON CLAMPS 15.38
65060 CARQUEST EVANSTON ELECTRICAL CONNECTOR 6.64
65060 CARQUEST EVANSTON EXHAUST PARTS 94.46
65060 CARQUEST EVANSTON HYDRAULIC FILTER 247.45
65060 CARQUEST EVANSTON LIGHTING 22.08
65060 CARQUEST EVANSTON RADIATOR CAPS 26.75
65060 CARQUEST EVANSTON RETURNED PARTS (317.58)
65060 CARQUEST EVANSTON TRAILER LIGHTS 20.88
65060 CARQUEST EVANSTON WIRING CLIP 19.00
65060 GOLF MILL FORD FORD OEM PARTS & SERVICE 221.59
65060 CARQUEST EVANSTON FRONT END #933 571.33
65060 CARQUEST EVANSTON FRONT END JOB #263 89.08
65060 CARQUEST EVANSTON STARTER #541 85.04
65060 ORLANDO AUTO TOP REBUILD BUCKET SEAT #170 350.00
65060 SIGLER'S AUTO.BODY REPAIRS #191 599.45
65060 ADVANCED PROCLEAN POWER WASHING EQUIPMENT 1,069.25
65060 APC STORES FLATS TRAILER WIRE 13.69
65060 APC STORES HYDRAULIC OIL 24.98
65060 APC STORES MOTOR TUNE‐UP 158.16
65060 APC STORES PORTO POWER 313.49
65060 RUSH TRUCK CENTERS MUFFLER #613 242.62
65060 RUSH TRUCK CENTERS RETURNED PARTS (215.97)
65060 RUSH TRUCK CENTERS TURN SIGNAL LIGHT 44.71
65065 WENTWORTH TIRE NEW TIRE PURCHASES 927.99
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
17 *ADVANCED PAYMENTS 111 of 446
65065 WENTWORTH TIRE TIRE SERVICE, RECAP & REPAIR 147.50
65085 MCMASTER CARR EQUIPMENT REPAIR 75.70
65085 ROMEO U. LIM, JR. TOOL ALLOWANCE 550.00
7710 Total 31,046.39
600 FUND Total 33,194.05
601 EQUIPMENT REPLACEMENT FUND
7780 VEHICLE REPLACEMENTS
65550 ATLAS BOBCAT, INC. TOOLCAT SIDE WALK TRACTORS 40,758.34
7780 Total 40,758.34
601 FUND Total 40,758.34
Grand Total 1,874,515.29
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
18 *ADVANCED PAYMENTS 112 of 446
ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT
SUPPLEMENTAL BILLS LIST ATTACHMENT
CAPITAL
IMPROVEMENT
415.22756 IL. DEPT. OF TRANS.LAKE STREET PROJECT 25,656.96
25,656.96
DEBT SERVICE
5716.62350 CHAPMAN & CUTLER 2013 B BOND FEES 21,094.57
21,094.57
FIRE
8000.61755 DILLON, PATRICK J. NCPERS CONFERENCE 1,013.00
1,013.00
GENERAL
100.2168 RTA/CTA TRANSIT BENEFIT RTA-TRANSIT BENEFIT RELOAD 1,705.75
3055.56045 ILLINOIS DEPT OF REVENUE SALES TAX - MARCH, 2014 36.00
3605.56045 ILLINOIS DEPT OF REVENUE SALES TAX - MARCH, 2014 59.00
2251.64505 A T & T TELECOMMUNICATIONS 399.74
2435.62477 TRIPCP, MRC PHEP-EXPENSE REGISTRATION 30.00
100.10260 COE-PETTY CASH PETTY CASH OFFICE OF ADMIN.442.34
100.10290 COE-PETTY CASH PETTY CASH 177.04
100.13040 MSF GRAPHICS ENVELOPES 485.88
100.21650 NATIONAL GUARDIAN LIFE MONTHLY INVOICE 339.39
100.22725 VERIZON WIRELESS CONSULTING SERVICES 895.49
100.41340 AIR ONE EQUIPEMENT UNIFORMS 199.00
100.41340 COE-PETTY CASH SPECIAL OPERATIONS FUNDS 2,500.00
100.41420 ANTHONY SOSA MEALS-POLICE DOG ASSOC 300.00
100.41420 ANTHONY SOSA POLICE DOG ASSOC. FEE 275.00
7,844.63
INSURANCE
VARIOUS VARIOUS CASUALTY LOSS 7,028.00
VARIOUS VARIOUS WORKERS COMP 12,197.50
VARIOUS VARIOUS WORKERS COMP 18,920.18
VARIOUS IPBC HEALTH INSURANCE PREMIUM 1,109,555.66
1,147,701.34
NSP2
VARIOUS ENT. COMM. LOAN FUND PAY. BRIDGE LOAN HUD FUNDED 309,154.28
309,154.28
PARKING
VARIOUS COOK COUNTY COLLECTOR MARCH TAXES PARKING GARAGES 6,660.28
6,660.28
SEWER
7575.68305 IEPA LOAN DISB. SEWER FUND 200,838.94
200,838.94
SOLID WASTE
7685.56155 ILLINOIS DEPT OF REVENUE SALES TAX - MARCH, 2014 46.00
46.00
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
19 *ADVANCED PAYMENTS 113 of 446
WATER
7100.56140 ILLINOIS DEPT OF REVENUE SALES TAX - MARCH, 2014 312.00
7125.62340 HARRIS WATER BILLING SOFTWARE 42,698.96
510.10220 CITY OF EVANSTON PETTY CASH 229.30
43,240.26
1,763,250.26
Grand Total 3,637,765.55
PREPARED BY DATE
APPROVED BY DATE
CITY OF EVANSTON
BILLS LIST
PERIOD ENDING 04/29/2014
20 *ADVANCED PAYMENTS 114 of 446
For City Council meeting of April 28, 2014 Item A3.1
Business of the City by Motion: Summer Food Program
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
Bob Dorneker, Assistant Director, Parks and Recreation
Subject: Approval of renewal agreement for the 2014 Summer Food Service
Program Bid (11-01)
Date: April 17, 2014
Recommended Action:
Staff recommends approval of the renewal agreement for the 2014 Summer Food
Service Program to Open Kitchens Inc. (1161 West 21st Street, Chicago, Il) in the not-
to-exceed amount of $2.498 per lunch. Estimated total value of the food costs for the
program are $86,200.
Funding Source:
This is a reimbursement program in which the total amount of reimbursement the City
will receive is solely dependent upon the number of lunches served and varies
depending on the levels of participation. The City’s estimated reimbursement is
calculated using the highest daily participation level stated in our application. Funding
for this program is budgeted in business unit 3050, Recreation Outreach Program.
Overall budgeted expenses for the 2014 program are $111,200 which includes staffing
seasonal salaries, social security, medicare, advertising, program supplies, sanitation
fees, health inspections and food costs.
Expense Account 3050.65025 (Food costs) $86,200
Estimated revenue reimbursed to revenue account 3050.53565 $94,500
Summary:
The City participates in a Summer Food Service Program with the Federal Government
through the Illinois State Board of Education to provide free lunches to all youth ages 1-
18. Currently, the lunch program is scheduled to be held Mondays through Fridays,
June 11 – August 15, 2014, at four sites in Evanston (Robert Crown Center, Fleetwood-
Jourdain Center, Mason Park and James Park). A sample of the 2014 11-day rotating
lunch menu is attached; staff is currently in the process of finalizing 2014 menus. Staff
estimates an average daily participation level of 675 lunches per day and it is likely that
participation in the program will exceed the estimated levels. Should the program
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exceed current projections, it may be necessary to increase the funding allocation for
this program (business unit 3050); however, the more lunches that are served, the more
reimbursement funding the City will receive to offset the cost of the program. The
current rate of reimbursement set by the Federal Government is $3.4875 per lunch
served.
Summary of Summer Food Service Program 2013
Expenditures for the four program sites in the City: $106,100
Actual reimbursement: $ 91,622
Number of lunches served: 26,789
The 2010 contract awarded to Open Kitchens, 1161 W 21st Street Chicago, IL 60608,
allows for an annual renewal of four additional one-year periods and limits price
increases to the measurable index of the Consumer Price Index for All Urban
Consumers. This year is also the final year of the contract. The 2014 rate for lunches
can be no higher than $2.498 to renew this contract, for which Open Kitchens has
submitted a renewal contract reflecting the $2.498 per lunch rate. A copy of the renewal
document is attached.
Open Kitchens, Inc. supplied the lunches for the program last year without any
problems. Their pricing per lunch is within the budgeted reimbursement amount pre-
determined by the Federal Government and our estimate of providing 675 lunches daily
for the program. Amy Bianco, Illinois State Board of Education Program Contract
Administrator, has also preliminary reviewed and approved the 2014 renewal from Open
Kitchens Inc. Following the City of Evanston’s approval, the Illinois State Board of
Education Nutrition Program will consider the contract renewal.
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Attachments:
2014 Renewal Agreement
Lunch Menu
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For City Council meeting of May 12, 2014 Item A3.2
Business of the City by Motion: NIPSTA Membership Dues
For Action
To: Honorable Mayor and Members of the City Council
Administration & Public Works Committee
From: Greg Klaiber, Fire Chief
Suzette Robinson, Director of Public Works
Subject: Northeastern Illinois Public Safety Training Academy (NIPSTA) 2014
Membership Dues
Date: April 11, 2014
Recommended Action:
Staff recommends approval of payment of the 2014 Fire and Public Works membership
fees in the amount of $23,545.00.
Funding Source:
Funding for this membership is budgeted under the Fire Department line-item account
2305.62360 for both the Fire and Public Works Departments.
Summary:
NIPSTA stands for Northeastern Illinois Public Safety Training Academy and is a
regional training facility built in Glenview on the grounds of the old Glenview Naval Air
Station. Its current members consist of 25 local municipalities and 7 non-government
agencies (i.e. Oakton Community College, IRMA, and Lutheran General Hospital). The
Fire Department and Public Works are requesting to continue our membership with
NIPSTA. The City of Evanston became a member in 2006 and has used many of the
training opportunities and services they offer.
For 2014, our membership will be $1497 less than the 2011cost, because we have
been members for over five consecutive years. NIPSTA provides a variety of training
programs such as:
• Candidate Physical Agility Testing (CPAT)
• Winter Fire Academy
• Snow Plow Driver’s Training
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• Fire/Police Driver’s Simulator
• Public Works Supervisor Training
• Back Injury Prevention
• Crime Scene Forensic Police Training Laboratory
• Major Crime Evidence Examination Area
• Storage for Fire & Police Shared Emergency Units
• Fire, Technical Rescue & HazMat Training Props
• Centralizes National Incident Management System (NIMS) Training for Region
• Regionalization allows for municipalities to share costs for major presentations
As a result of these types of services/activities, we realize other tangible and intangible
savings. For example, as a result of having a winter fire academy, we are able to
process new firefighters in the winter instead of waiting three months for the spring
academy saving the City money in overtime costs. NIPSTA is the only place that has a
concrete driving pad for Snow Plow Driver Training.
NIPSTA is able to host large class sizes, they held many of the mandatory NIMS
Training courses which saved the City travel expenses by hosting the classes in
Glenview. NIMS classes were attended by Fire, Police and Public Work Employees at
no cost to the City. In addition, all the other classes taken by both Fire Department and
Public Works employees are located in Glenview and provide saving in travel costs as
well.
Both the Fire & Police Departments have shared regional resources that are housed at
NIPSTA. NIPSTA is able to accommodate very large vehicles in a heated facility year
round while allowing for 24/7 access for emergency call outs. These vehicles include
the MABAS Division III Communication Vehicle, NIPAS Bear, Command Unit and
Armored Vehicle, Red Cross Emergency Response Unit, NORTAF Vehicles, Urban
Search & Rescue Vehicles (for State & Federal Call-Out) and others.
Public Works has also taken advantage of NISPTA. Public Works has used the
programs for driver training, flaggers, construction and OSHA training, public works
supervisory academy training and back safety for public work employees.
Most of NIPSTA’s financial support is from its membership dues. If it were not for
communities supporting this facility, these type of training opportunities, services and
regional opportunities would not available locally or at all (i.e. Snow Plow Driver’s
Training, technical rescue debris pile, vehicle resources within miles of Evanston).
Staff from the Fire Department and Public Works met to carefully review all options in its
recommendation to continue our membership with NIPSTA. Staff feels that the regional
training concept is important to support and the tangible and intangible savings as well
as benefits are significant. It is our recommendation that Council approves the
continuation of this membership to NIPSTA.
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For City Council meeting of April 28, 2014 Item A3.3
Business of the City by Motion: Crack Sealing Program
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 Operations & Maintenance
Subject: Contract Extension for 2014 Crack Sealing Program
Date: March 21, 2014
Recommended Action:
Staff recommends City Council authorize the City Manager to approve a contract
extension for the 2014 Crack Sealing Contract to the lowest responsive and responsible
bidder, Denler Inc. (19148 S 104th Ave. Mokena, IL 60448) in the amount of $70,000.
Last year the City participated as a member of the Municipal Partnership Initiative to
collectively bid this work. This is the first 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 $70,000, which has $70,000 budgeted for contract
maintenance for Fiscal Year 2014.
Summary:
Five 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. Due to the
harsh winter, staff is recommending a $20,000 increase to address areas of concern.
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 $1.22 per pound. This is the first of
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two possible contract extensions. A price comparison from an alternate vendor found a
cost of $1.65 per pound which reinforces Denler as a cost effective vendor.
Priority locations for crack sealing this year include:
Street From To
Custer Howard Oakton
Central Park Central Isabella
Sheridan Rd South Blvd Main
Hinman Lake Dempster
McCormick Blvd Emerson Green Bay
Church Street Ridge Chicago
Forest Davis Main
Secondary locations are:
Fowler Church Dempster
Isabella Ridge Ashland
Information regarding original contract award at April 1, 2013 City Council meeting is
available here:
http://www.cityofevanston.org/assets/CCAP%204.1.13%20ce.pdf
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For City Council meeting of April 28, 2014 Item A3.4
Business of the City by Motion: Sherman Plaza Planters Rodent Abatement
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Suzette Robinson, Director of Public Works
Jim Maiworm, Assistant Director Operations & Maintenance
Subject: Sherman Plaza Planter Rodent Abatement
Date: April 18, 2014
Recommended Action:
Staff recommends City Council authorize the City Manager to execute a single source
contract with Landscape Concepts Management, Inc. 3200 S. Kolin Ave, Chicago, IL
60623 to installed rodent abatement and replacement plantings for the 14 planter beds
in the City’s right of way adjacent to Sherman Plaza in the amount of $40,377.
Funding Source:
Washington National TIF $40,377
Summary:
Staff has been working with Landscape Concept Management, the awarded
maintenance contract for Downtown Evanston, to develop a system that prevents and
discourages rodents from establishing burrows within the planters in the downtown
area. As a part of the Church Street Improvement project it was discovered that rodents
have well established burrows in the planters located near Church and Orrington. The
contractor removed most of the soils and plant materials established a steel mesh liner
that discourages rodent from burrowing into the earth beneath and replaced the soils
and plantings. To date, we have noted no new burrows within the planters.
Shortly after completing the project staff was informed that a more significant burrowing
problem existed within the planters located adjacent to Sherman Plaza. Landscape
Concept Management was asked to submit a proposal as a part of the Davis Street
project to mitigate the problems within those planters. There are 14 planters in the area
that are in need of rodent abatement. Staff is requesting a single source award to
Landscape Concepts Management to complete the abatement work.
Attachments
Quotes from Landscape Concepts Management, Inc.
Memorandum
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For City Council meeting of April 28, 2014 Item A3.5
Business of the City by Motion: Sheridan Road - Chicago Avenue Alternative
Analysis
For Action
To: Honorable Mayor and Members of the City Council
Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Homayoon Pirooz, P.E., Assistant Director of Public Works
Sat Nagar, P.E., Senior Project Manager
Subject: Sheridan Road-Chicago Ave Alternative Analysis
Engineering Services - RFQ #14-16
Date: April 22, 2014
Recommended Action:
Staff recommends City Council authorize the City Manager to execute an agreement for
engineering services for the Sheridan Road-Chicago Ave Alternative Analysis in the
amount of $265,099.84 with Christopher B. Burke Engineering, Ltd. (9575 W. Higgins
Road, Suite 600, Rosemont, Illinois 60018)
Funding Source:
Washington National TIF $ 12,486.00
2014 CIP Sheridan-Chicago Bike Path 37,458.00
2014 CIP Sheridan Road Improvement Project 215,155.84
Total $265,099.84
Summary:
The Sheridan Road – Chicago Ave Improvement Project is a major undertaking by the
City of Evanston to improve the traffic flow throughout the corridor for all modes of
traffic, to improve the streets pavement condition, and to provide additional sustainable
surface storm water management techniques. Project begins with Chicago Avenue at
the intersection of Grove Street, and ends on Sheridan Road at the intersection with
Isabella Street.
The first stage of the project will begin with an alternative analysis of Sheridan Road
and Chicago Avenue for improved biking, pedestrian, vehicular and transit operations.
This stage will include traffic, accidents and intersection analysis, surveying,
geotechnical investigation, public outreach, best practices for sustainable storm water
Memorandum
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management and development of the best alternate plans for automobiles, bicycles and
pedestrian flow along the corridors.
Staff will present alternatives to City Council for the selection of the best plan to improve
the corridors within the project limits and recommend the commencement of stage two
which includes items two and three of the cost proposal listed in Attachment A. The
preparation of the construction plans and specifications will go out for bid in early 2015
with the completion of the Chicago Avenue corridor in the spring followed by the
Sheridan Road corridor in the summer of 2015.
Background
On February 6, 2014, the City issued a Request for Qualification (RFQ) for the
engineering services for the Sheridan Road-Chicago Ave Improvements Project. In
response to the above RFQ, the City received eight proposals. The initial review of the
proposals was completed by the consultant selection committee consisting of Director of
Public Works, Assistant Director, three Senior Project Managers, CDBG Administrator
and staff from purchasing. A short list was established and four engineering firms were
selected for interviews. After the completion of the interviews and evaluation of the
proposals, the committee unanimously selected Christopher B. Burke Engineering, Ltd.
for the project engineering based on their team’s qualification, their project manager’s
competencies and their past experience with similar projects.
As required by the RFQ process and following the selection of Christopher B. Burke
Engineering, Ltd., the City opened the consultant’s fee proposal. The final consultant
fee schedule for the Sheridan Road-Chicago Alternative Analysis for the amount of
$265,099.84 is attached. The Christopher B. Burke Engineering, Ltd. project team
includes TY Lin International for Bike/pedestrian design, Altamanu, Inc (WBE) for
landscape architecture and ADA design, Fish Transportation Group (WBE) for traffic
counts, GSG Consultants (MBE) for geotechnical and HR Green (EBE) for public
engagement process and civil engineering QA/QC. Christopher Burke has committed
to 29.8% M/W/EBE participation for this stage of the project.
Attachments:
Memo MW/EBE
Fee Proposal for Alternative Analysis
RFQ 14-16 - List of Proposals
RFQ - SHORT LIST
Page 2 of 2
144 of 446
RFQ No. 14-61, Sheridan Road-Chicago Alternative Analysis Engineering Services, M/W/EBE Memo,
Christopher B. Burke Engineering, Ltd., 04.28.14.
To: Suzette Robinson, Director of Public Works
Homayoon Pirooz, P.E., Assistant Director of Public Works
Sat Nagar, P.E., Senior Project Manager
From: Tammi Turner, Purchasing Manager
Subject: Request for Qualification 14-16
Sheridan Road-Chicago Alternative Analysis
Engineering Services
Date: April 28, 2014
The goal of the Minority, Women and Evanston Business Enterprise Program
(M/W/EBE) is to assist such businesses with opportunities to grow. In order to help
ensure such growth, the City’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 14-61,
Sheridan Road-Chicago Alternative Analysis Engineering Services with Christopher
B. Burke Engineering, Ltd. is found to be in initial compliance with the goal by
subcontracting approximately 29.8% of the contract work to certified M/W/EBE’s.
Christopher B. Burke, Ltd.’s total base bid is $265,099.84, and will receive 29.8%
credit.
Name of M/W/EBE Scope of Work Contract
Amount
% MBE WBE EBE
Altamanu, Inc
1700 W. Irving Park Rd.
Chicago, IL 60613
Landscaping $30,910.64 11.6% X
Fish Transportation
801 S. Blvd, Ste. 5
Oak Park, IL 60302
Transportation,
Traffic Data
Collection
$11,664.39 4.4% X
GSG
855 W. Adams, Ste. 200
Chicago, IL 60607
Consulting
Services &
Management
$19,007.65 7.17% X
HR Green
820 Davis Street, Ste. 118
Evanston, IL 60201
Design $17,655.64 6.66% X
Total M/W/EBE $79,238.32 29.8 %
Cc: Martin Lyons, Assistant City Manager/CFO
Memorandum
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MEMORANDUM
CHRISTOPHER B. BURKE ENGINEERING, LTD.
9575 W Higgins Road, Suite 600, Rosemont, Illinois 60018-4920 Tel (847) 823-0500 Fax (847) 823-0520
April 22, 2014
TO: Mr. Homayoon Pirooz, Mr. Sat Nagar
(City of Evanston)
FROM: Michael E. Kerr, PE
(Christopher B. Burke Engineering, Ltd.)
SUBJECT: Summary of Negotiation Meeting Held 4/18/14
Please find attached for your use a revised cost proposal, fee summary, manhour breakdown per
task, and revised scope of services.
A brief summary of each task discussed at Friday’s meeting is provided below:
Task 1.1 Project Initiation and Kick‐off Meeting – The total fee was reduced approximately
$2.5K due to project familiarity.
Task 1.2 Data Collection – The total fee was reduced approximately $5K due to TY Lin’s
familiarity with existing bike patterns.
Task 1.3 Full Classification Traffic Counts – This item was not reduced.
Task 1.4 Topographic and ROW Survey – This item was reduced approximately $40K by limiting
the survey on the approach roadways to the radius returns.
Task 1.5 Geotechnical Investigation – This item was reduced approximately $3K by eliminating
some of the borings.
Task 1.6 Traffic and Accident Analysis – This task was reduced by approximately $9K by
streamlining the accident analysis and limiting alternatives considered to those that fit
within the existing pavement.
Task 1.7 and Task 1.8 Existing Conditions Report and Conceptual Alternatives Report – these items
were combined into one report with a savings of approximately $10K.
Task 1.9 This item was not reduced.
The above changes resulted in a total reduction in fee of approximately $68K for Task One. The
resultant WBE/MBE/EBE % is 29.9.
N:\PROPOSALS\ADMIN\2014\Evanston Sheridan Road Improvements P140138\SHORTLIST Interview\Task 1 Only\M1NagarTask 1.042214.docx
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'l::.:]l:' . 1,,t,)Citv ofEvaúston"Scope of WorkSheridan Road alternate analysisRFQ # 14-16Attachment AGost ProposalSheridan Road off street improvements and ChicagoAvenue improvements (Phase | & Phase ll Engineering)a. Multi use off-street path (RFP Study AreaSection 4)b. Sustainable parkway (RFP Study Area Section 3)c. Chicago Avenue street & cycle tracklmprovements (RFP Study Area Section 5)Provide cost for tasks a, b & cSheridan Road four-lane cross section as per IDOTapproved Phase I Report dated February 2009a. Phase ll EngineeringAccepted By:City of EvanstonBy,Date:Christopher B. Burke Engineering, Ltd.By, Michael E. Kerr, Ezecutive Vice PresidentDate: tllar/ rl147 of 446
Task 1
265,099.84$
Totals= 265,099.84$
Const. Cost Est=$5,000,000
% of Const. Cost=5.30%
TY Lin 38,416.93$
Altamanu (WBE)30,919.91$
Fish (WBE)11,700.00$
GSG (MBE)19,000.00$
HR Green (EBE)17,658.00$
CBBEL 147,405.00$
Altamanu (WBE)11.66%
Fish (WBE)4.41%
GSG (MBE)7.17%
HR Green (EBE)6.66%
Total 29.90%
FEE SUMMARY
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City of EvanstonTask 1 - Sheridan Road Alternate AnalysisManhour BreakdownEngineer orBy OthersEngineer Survey Engineer Engineer CAD By Others By Others FIsh By Others Survey TOTAL TASK VI IVIIII/IIIIAdministrative TY LinAltamanuGSGHR GreenCrewHours$ 1.1 - Project Initiation and Kick-Off Meeting8201501.82$ 1,000.00$ 296,189.82$ 1.2 - Data Collection4128211,171.40$ 5,000.00$ 2710,137.40$ 1.3 - Full Classification Traffic Counts1211,700.00$ 312,175.00$ 1.4 - Topographic and ROW Survey60543968011455,226.00$ 1.5 - Geotechnical Investigation121250.91$ 19,000.00$ 419,882.91$ 1.6 - Sheridan Road Traffic and Accident Analysis12406612024115,442.16$ 26347,708.16$ 1.7 - Existing Conditions/Concept Alternatives Report206632100818,565.56$ 23,919.91$ 4,100.00$ 22678,127.47$ 1.8 - Public Outreach16241824142,485.08$ 6,000.00$ 8,558.00$ 9630,653.08$ 0-$ 622241261202052538,416.93$ 30,919.91$ 30,700.00$ 17,658.00$ 733 260,099.84$ 0-$ 0-$ 0-$ 0-$ 0-$ Total Hours per Classification622241261202052538,416.93$ 30,919.91$ 30,700.00$ 17,658.00$ $39,680.00733 260,099.84$ Hourly Rate$217.00 $143.00 $129.00 $102.00 $129.00 $92.00 $248.00Direct Costs5,000.00$ Total265,099.84$ Christopher B. Burke Engineering, Ltd.Work Hours149 of 446
SCOPE OF SERVICES
Sheridan Road/Chicago Ave Improvements
Page 1 of 4
Based on our understanding of the Project, the CBBEL team has developed the following Scope of Services
to best guide the City through this project. The CBBEL team understands that the Scope of Services has
been split into 3 major tasks. These tasks are as follows:
Task 1 – Sheridan Road Alternate Analysis
Task 2 ‐ Sheridan Road Off Street Improvements, Chicago Avenue Improvements (Phase I &
Phase II), and Sustainable Parkway along Sheridan Road.
Task 3 – Sheridan Road Resurfacing (Phase II)
CBBEL understands that the City is only proceeding with Task 1 at the present time.
Task 1 – Sheridan Road Alternative Analysis
Although this task will focus on the comparison of alternatives proposed for Sheridan Road, the CBBEL
team is proposing completing all of the critical path items for upcoming tasks under Task 1. It will be
critical to complete Data Collection, Surveys and the Geotechnical Investigation under this task to meet
the City’s aggressive schedule.
Task 1.1 ‐ Project Initiation and Kick‐off Meeting
The CBBEL team will meet with City staff for a project initiation meeting to
review/refine the scope of services and to develop an acceptable project schedule.
The meeting will include introductions, expectations, priorities, and communication
protocols.
Task 1.2 – Data Collection
The CBBEL team will collect all available information from the City and other sources
necessary for the project. The information will include:
Storm and Sanitary Sewer Atlases
Water System Atlases
Private Utility Atlases (Northwestern, ComEd, NICOR, AT&T)
Traffic Signal Plans for Corridor
Transit Routes Along the Corridor
Northwestern University Campus/Transportation Information
The Accident History for the Previous Five Years for the Corridor
Prior Studies and Improvement Plans
Recent and Pending Adjacent Development Information
Task 1.3 – Full Classification Traffic Counts
Fish Transportation Group will perform 12 hour full classification counts of all of the
signalized intersections along Sheridan Road between Chicago Avenue and Isabella
Street. These intersections include Chicago Avenue, Foster Street, Northwestern
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SCOPE OF SERVICES
Sheridan Road/Chicago Ave Improvements
Page 2 of 4
Parking Lot, Noyes Street, Lincoln Street, Central Street, Ingleside Place, and Isabella
Street. The traffic counts will be supplemented by pedestrian and bicycle counts
provided by the City. It is not anticipated that any counts or analysis will be necessary
along Chicago Avenue as the operations should remain similar to today’s condition
even with the addition of a cycle track.
Task 1.4 – Topographic and ROW Survey
The CBBEL team will prepare a Topographic and ROW survey of the project limits. The
survey will be necessary for the Chicago Avenue Streetscape, the Chicago Avenue Cycle
Tracks, and whatever Sheridan Road alternative is advanced. For this reason, we have
included the entire survey in this task. The limits of the survey will be as follows:
Chicago Ave – Grove St to Sheridan Rd ‐ 2400’
Sheridan Road – Chicago Ave to Isabella St ‐ 7600’
10 4‐legged Intersections to radius return ‐ 1000’
15 T‐Intersections to radius return ‐ 750’
11,750’
Based on the RFP, the survey will include the following:
Datums: Horizontal – NAD83 State Planes Vertical – NAVD88 or other specified
by engineer
Locate and field measure available property corners within survey area
Obtain ‘spot’ elevations at 50 foot intervals including high and low points
throughout survey area
Establish/set 8 site benchmarks within survey area
Field measure and locate all visible utilities within survey area
Obtain invert elevations and pipe sizes of all surveyed manhole structures
Obtain all necessary information about the vaults within the project limits
Provide topographic data 10 feet past right‐of‐way lines
Right‐of‐ways will be shown based on monuments found in the field and existing
maps and records. This information will be reviewed by a professional land
surveyor and shown on the drawing for reference
Provide base drawings at a 1”= 20’ scale for all topographic information (plan
view)
Provide electronic file of plan view include TIN with files
Survey locations of the water and sewer infrastructure (manholes, drainage
structures, valve vaults, valve boxes and B‐boxes)
All of the utility information gathered above will be provided to the City in an ESRI Arc
shape file format.
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SCOPE OF SERVICES
Sheridan Road/Chicago Ave Improvements
Page 3 of 4
Task 1.5 – Geotechnical Investigation
The CBBEL team will prepare a geotechnical investigation of the project limits. This will
include performing pavement cores for both Chicago Avenue and Sheridan Road and
performing soil borings along Sheridan Road. The soil borings along Sheridan Road will
be suitable for designing the potential pavement reconstruction and/or construction of
bioswales along Sheridan Road.
Task 1.6 – Sheridan Road Traffic and Accident Analysis
Based on the traffic counts gathered in Task 1.3, CBBEL will utilize highway capacity
software (HCS 2010) and simulation software (VISSIM) to evaluate the roadway and
intersection capacity. This task includes utilizing the software tools to prepare an
engineering evaluation of Alternative 1, which maintains the existing 4 lane cross
section, and Alternative 2, which would utilize a 3 lane cross‐section. The HCS 2010
analysis will provide a capacity analysis of both alternatives, allowing an evaluation of
phasing and lane capacity. The HCS results provide direct measures of effectiveness to
support alternatives analysis, as well as producing level‐of‐service (LOS) and delay
results as required by IDOT and FHWA. The VISSIM simulation software allows analysis
of traffic flow throughout the corridor in each alternative, including the ability to
analyze bicycles, pedestrians, traffic signal performance, and transit bus operations.
The simulation is also an excellent visualization tool that can to demonstrate to
stakeholders how each alternative might be expected to operate.
CBBEL will review the crash data obtained in Task 1.2 to evaluate the crash history
throughout the corridor. Through this process, CBBEL will review and identify
countermeasures that could be incorporated into the designs to mitigate crashes.
Task 1.7 – Existing Conditions and Conceptual Alternatives Report
Based on a review of the collected data, field reviews, and traffic and accident
analyses, the CBBEL team will prepare an existing conditions report of the Sheridan
Road corridor. The report will provide an overview of the existing vehicle LOS, and a
summary of the existing infrastructure and operations of the transit services, bicycle
and pedestrian facilities, and parking along the project corridor.
In addition, the CBBEL team will provide two conceptual alternatives for the entire
Chicago Avenue/Sheridan Road corridor meeting the City’s goals as outlined earlier in
our Understanding of the Project.
The Chicago Avenue concepts will focus on alternative configurations of the on‐street
protected cycle tracks.
The Sheridan Road concepts will focus on the three/four lane/off street multi‐use path
options. None of the options explored will involve significantly widening the existing
roadway. Of particular concern is how either of these options will ultimately connect
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SCOPE OF SERVICES
Sheridan Road/Chicago Ave Improvements
Page 4 of 4
to the existing bike lanes in Wilmette. It is anticipated that these concepts will include
exploring bike routes or boulevards to make the connection.
The concepts would be developed at a smaller scale (1”=100’) in plan view and typical
sections would be developed at key locations along the corridor. A strategy for the
management/treatment of stormwater would also be presented at the conceptual
level for each option. In addition, a few sheets of special details of proposed
bioswales, streetscape elements, pervious pavement, and landscaping would be
developed to tighten up the parameters of the project.
These concepts would be suitable for City review and for presentation to the public.
More importantly, these concepts would be used to develop accurate project costs,
determine fatal flaws and process pitfails, compare the pros and cons of each concept,
and to develop a strategic implementation plan meeting the City’s aggressive schedule.
The two concepts, details, estimates, comparison, preferred alternative, and
implementation plan would be provided to the City in a report format prior to
proceeding with any detailed Phase I or Phase II Engineering.
Task 1.8 – Public Outreach
Per the RFP Addendum, two advisory meeting and one community meeting will be
held during development of the conceptual alternatives. The timing and material
presented at these meetings will be developed in coordination with the City early
during Task 1. It is anticipated that the details of the analysis performed above and
the two conceptual options will be presented at the community meetings.
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City of Evanston
(Grove Street to Isabella Street)
RFQ Number: 14-16
RFQ Due: 2:00 p.m., March 18, 2014, Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Ave., Evanston, IL 60201
Company Name City/State
Christopher B. Burke Engineering Rosemont, IL 60018
Parsons Brinckerhoff Chicago, IL 60602
Sam Schwarz Engineering New York 10012
V3 Companies Woodridge, IL 60517
Stanley Consultants Chicago, IL 60631
AES Services, Inc Chicago, IL 60646
Mackie Consultants Rosemont, IL 60018
Ciorba Group Chicago, IL 60656
Sheridan Road / Chicago Avenue Improvements
154 of 446
City of Evanston
(Grove Street to Isabella Street)
RFQ Number: 14-16 - SHORT LIST
RFQ Due: 2:00 p.m., March 18, 2014, Room 4200, Lorraine H. Morton Civic Center, 2100 Ridge Ave., Evanston, IL 60201
Company Name City/State
Christopher B. Burke Engineering Rosemont, IL 60018
Parsons Brinckerhoff Chicago, IL 60602
Sam Schwarz Engineering New York 10012
Stanley Consultants Chicago, IL 60631
Department Recommended Contract Award To: Christopher Burke Engineering
Option 1 $583,375.27 Option 2 $1,233,940.04
Scope of Work Item #1 - $333,028.84 Scope of Work Item #1 - $333,028.84
Scope of Work Item #3 - $144,095,15 Scope of Work Item #2 - $287,346.28
Scope of Work Item #5 - $106,251.28 Scope of Work Item #4 - $507,313.64
Scope of Work Item #5 - $106,251.28
Sheridan Road / Chicago Avenue Improvements
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For City Council meeting of April 28, 2014 Item A3.6
Business of the City by Motion: Arrington Lakefront Lagoon Lighting Purchase
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Suzette Robinson, Director of Public Works
Homayoon Pirooz, P.E., Assistant Director of Public Works
Stefanie Levine, RLA, Senior Project Manager Public Works
Subject: Arrington Lagoon Lighting Purchase
Date: April 28, 2014
Recommended Action:
Staff recommends City Council authorize the purchase of lighting materials for the
Arrington Lakefront Lagoon Renovation Project in the amount of $26,358.04 from
Steiner Electric located at 1250 Touhy Avenue, Elk Grove Village, Illinois 60007.
Funding Source:
FY 2014 CIP (Arrington Lagoon Carryover): $ 200,000
FY 2014 CIP (Arrington Lagoon): $ 275,000
FY 2014 CIP (Parks Contingency): $ 111,533
IDNR OSLAD Grant: $ 400,000
Private Donation: $ 500,000
Total Funding: $1,486,533
Summary:
In order to reduce contractor overhead costs, construction documents for the Arrington
Lakefront Lagoon Renovation Project require the City to independently purchase
replacement ice rink, stage and donor sign lighting materials. Quotes for the required
materials which include poles, brackets, fixtures and lamps were received from four
prospective distributors as follows:
Memorandum
156 of 446
Distributor Location Quote
Steiner 4201 Grove Avenue, Gurnee,
Illinois 60031
$26,358.04
CED/Efengee Electrical Supply 2801 Busse Road, Elk Grove
Village, IL 60007
$26,924.84
Connexion 1700 Leider Lane, Suite 100,
Buffalo Grove, Ilinois 60089
$29,640.00
North Shore Lighting 705 Madison Street, Evanston,
Illinois 60202
* No quote
* North Shore Lighting is not an authorized distributor of Philips lighting equipment
(manufacturer of the material specified for this project). As a result they declined to
provide a quote as they felt they could not be competitive.
Staff recommends approval of the purchase from Steiner Electric for a total amount of
$26,358.04.
A breakdown of funding for this project is as follows:
Account Summary
Project Funding (detailed above) $1,486,533.00
Encumbrances / expenditures to date* -$1,411,533.00
Recommended award -$26,358.04
Balance Remaining $48,641.96
* Encumbrances/expenditures to date include construction and consultant fees.
The remaining balance for this project shall be reserved for the purchase of site
furnishings and plant materials. Lighting material delivery is anticipated six weeks after
purchase order issuance.
Attachments:
Vendor quote
157 of 446
Quotation
Project:
Bid Date:
Bid Time:
Arrington Lakefront Lagoon
03/20/14
02:00 PM
QuantityType Description Unit or Lot# Unit Price Ext Price
TO:Project Info:
Job #: #LI-031914-40262
Quoter: GERVINO, JOHN
Expiration Date: 04/19/14
CITY OF EVANSTON (RIDGE)
Attn:STEFANIE LEVINE
2100 RIDGE AVE
EVANSTON, IL 60201-2716
Page : 1 of 3
Vendor
4B DFC7-NSP-75LA-WW-UNIV-BLP - Unit 650.160/EA 2,600.64GARDCO/P
912400816443
Brand:Gardco
DFC7-NSP-75LA-WW-UNIV-BLP
2B PTA-DF7-12-BLP - 912400742936 Unit 58.210/EA 116.42GARDCO/P
Brand:Gardco
M/K PTA DF712 BLP
2B TAB-DF7-BLP - 912400763177 Unit 138.710/EA 277.42GARDCO/P
Brand:Gardco
M/K TAB TWIN ARM BRKT DF7 BLP
2B P32-A1-2-260LA-WW-UNIV-BLP - Unit 2,063.160/EA 4,126.32GARDCO/P
912300009316
Brand:Gardco
New Item needed - Gardco
2B 7TRS35-11-D1@30FT/T2-BLP/GV - Unit 1,416.720/EA 2,833.44GARDCO/P
912300009316
Brand:Gardco
New Item needed - Gardco
POLE QUOTED IS BASED ON FACTORY
INTERPRETATION OF DESIGN INTENT, AND
IS SUBJECT TO APPROVAL
From:
STEINER ELECTRIC-ELK GROVE
GENERAL CONTACT 847-228-0400
1250 TOUHY AVE
ELK GROVE VLG, IL 60007-5302
Printed By: GERVINO, JOHN
jgervino@stnr.com
Ph: 847-956-3167
Fax: 847-956-3072
Manufacturer freight terms apply and may be subject to fuel or
material surcharges, as determined by the Manufacturer.
Subject to Steiner current terms & conditions, a copy is available on
our website at www.steinerelectric.com.
Notes
158 of 446
QuantityType Description LOT # Unit Price Ext Price
Expiration 04/19/14
Page : 2 of 3
Vendor
Arrington Lakefront LagoonProject:
2B 781369514383 - 912400200208 Unit 58.210/EA 116.42GARDCO/P
Brand:Gardco
SET OF 4 1X36X4 VPAB 0301206
2C P32-A1-2-260LA-WW-UNIV-BLP - Unit 2,063.160/EA 4,126.32GARDCO/P
912300009316
Brand:Gardco
New Item needed - Gardco
2C 781369514383 - 912400200208 5 Unit 58.210/EA 116.42GARDCO/P
Brand:Gardco
SET OF 4 1X36X4 VPAB 0301206
2C 8TRS-30-11-D1-BLP/GV-BLP - 912300009316 Unit 1,300.320/EA 2,600.64GARDCO/P
Brand:Gardco
New Item needed - Gardco
POLE QUOTED IS BASED ON FACTORY
INTERPRETATION OF DESIGN INTENT, AND
IS
SUBJECT TO APPROVAL.
6G SEE CATALOG NUMBER BELOW - Unit 1,574.000/EA 9,444.00HADCO LI
912300009320
New Item needed - Hadco
SL-33-1X25LED-CUS3-WW-120-WW-F-BK-DS
*** If Attic Stock is required, please provide information. No Attic Stock will be included unless advised ***
**** TAX NOT INCLUDED IN TOTAL ****
Pricing is based on the quantities provided. Please verify that counts on Fixtures,Lamps and Accessories
meet your required totals. Any variance may require re-quote.
Expedited shipments may incur freight charges.
Any delivery address changes may incur re-consignment fees as determined by the carrier.
All lamps subject to stock availability at time of order.
159 of 446
QuantityType Description LOT # Unit Price Ext Price
Expiration 04/19/14
Page : 3 of 3
Vendor
Arrington Lakefront LagoonProject:
From:
STEINER ELECTRIC-ELK GROVE
GENERAL CONTACT 847-228-0400
1250 TOUHY AVE
ELK GROVE VLG, IL 60007-5302
Printed By: GERVINO, JOHN
jgervino@stnr.com
Ph: 847-956-3167
Fax: 847-956-3072
Manufacturer freight terms apply and may be subject to fuel or
material surcharges, as determined by the Manufacturer.
Subject to Steiner current terms & conditions, a copy is available on
our website at www.steinerelectric.com.
Notes
Total 26,358.04
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For City Council meeting of April 28, 2014 Item A3.7
Business of the City by Motion: Water Main & Street Resurfacing Project CIP I
For Action
To: Honorable Mayor and Members of the City Council
Administration & Public Works Committee
From: Suzette Robinson, Director of Public Works
Homayoon Pirooz, P.E., Assistant Director for Infrastructure & Engineering
Sat Nagar, P.E., Senior Project Manager, Infrastructure & Engineering
Subject: Contract Award for 2014 Water Main Replacement & Street Resurfacing
Project CIP I (Bid 14-21)
Date: April 16, 2014
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute a contract for
the 2014 Water Main Replacement & Street Resurfacing CIP 1 Project (Bid 14-21) to A.
Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the
amount of $2,129,128.10.
Funding Source:
Funding for this work will be from the Water Fund (733086.65515) in the amount of
$1,526,189.88; Sewer Fund (7420.65515) in the amount of $133,349.50; Business
District Improvement Funds $12,000 (5300.65522); Parking Funds $8,535.50
(7015.6223) and CIP Street Resurfacing Fund (415857.65515) in the amount
$449,053.22.
Summary:
CIP Project 1 consists of the 2014 streets segments requiring water main replacements
and street resurfacing. The water mains to be replaced are developed by the Utilities
Department based on the main breaks and age, condition and size of the water main.
Sewer funds are used for sewer improvements and water funds are used for water main
replacement and street paving over the utility trench.
The following street segments are included in the CIP Group 1 water main
replacements and street resurfacing project.
Bennett Avenue – Elgin Road to Simpson Street
Davis Street – Wesley Avenue to Asbury Avenue
Memorandum
161 of 446
Lake Street – Judson Avenue to Sheridan Road
Prairie Avenue – Grant Street to Lincoln Street
Ridge Court – Ridge Avenue to Sherman Avenue
Woodland Road – Ewing Avenue to Bennett Avenue
The above streets in CIP 1 have been included as a separate project to accommodate a
faster construction completion around the schools before the school starts in late
August. The scope of this project also includes new sidewalk and establishing parking
on east side of Oak Avenue between Davis Street and Church Street.
A location map showing the water main replacement and street resurfacing included in
Project 1 is attached.
The bid documents were prepared by in-house Engineering staff and sent to several
potential bidders. The project was bid in March and advertised in the Chicago Tribune.
The project was also published in the State Contractors Bulletin and on Demand Star.
The bids were opened on April 8, 2014.
Bids were submitted by Glenbrook Excavating & Contracting Inc., Wauconda, and
A. Lamp Concrete Contractors, Schaumburg, Bolder Contractors and Chicagoland
Paving. The bid results are correct and in order. A copy of the bid tabulation is
enclosed for your review.
CONTRACTOR
BID PRICE
A. Lamp Concrete Contractors $2,129,128.10
Glenbrook Excavating & Contracting $2,590,621.52
Bolder Contractors $2,832,208.00
Chicagoland Paving $2,849,900.00
The engineer’s estimate for this project is $2,289,232.55. The City’s estimate is based
on previous year’s prices considering price increases to account for inflation. The A.
Lamp Concrete Contractors Inc. submitted the lowest responsible bid for the project and
satisfies the City’s M/W/EBE goal by including the following subcontractors in their bid:
Ozinga Ready Mix Concrete (EBE), Alas Trucking (MBE) and Precision Pavement
Marking (DBE). The total value of the estimated M/W/EBE subcontracted work is 25%
($$ 532,741.80). The M/W/EBE schedule and supporting documentation has been
reviewed and confirmed by Purchasing, as indicated in the attached memo.
A. Lamp Concrete Contractors Inc. has worked with the City before on similar projects
and completed work on time and within budget.
Attachments:
Bid Tabulation
Location Map
M/W/EBE Memo
162 of 446
BID NO: 14-21
DATE: April 8, 2014
TIME: 2:00 P.M.
ATTENDED BY: SN
UNIT UNIT UNIT UNIT UNIT
PRICE PRICE PRICE PRICE PRICE
1 Temporary Fence Foot 7,684 $2.00 $15,368.00 $0.50 $3,842.00 $1.00 $7,684.00 $1.00 $7,684.00 $3.00 $23,052.00
2 Tree Trunk Protection Each 82 $145.00 $11,890.00 $25.00 $2,050.00 $50.00 $4,100.00 $80.00 $6,560.00 $50.00 $4,100.00
3 Tree Crown Pruning Each 82 $50.00 $4,100.00 $25.00 $2,050.00 $40.00 $3,280.00 $75.00 $6,150.00 $100.00 $8,200.00
4 Earth Saw Cuts of Tree Roots (Root Prunning)Foot 2,460 $3.50 $8,610.00 $1.00 $2,460.00 $2.00 $4,920.00 $3.00 $7,380.00 $3.50 $8,610.00
5 Thermoplastic Pavement Marking Line-4”Foot 430 $1.00 $430.00 $1.00 $430.00 $1.70 $731.00 $2.00 $860.00 $0.80 $344.00
6 Thermoplastic Pavement Marking Line-6”Foot 1,448 $1.60 $2,316.80 $2.00 $2,896.00 $2.65 $3,837.20 $1.50 $2,172.00 $1.30 $1,882.40
7 Thermoplastic Pavement Marking Line-8"Foot 514 $2.00 $1,028.00 $2.50 $1,285.00 $3.53 $1,814.42 $3.00 $1,542.00 $1.55 $796.70
8 Thermoplastic Pavement Marking Line-12"Foot 780 $3.00 $2,340.00 $4.00 $3,120.00 $5.30 $4,134.00 $3.00 $2,340.00 $2.25 $1,755.00
9 Thermoplastic Pavement Marking Line-24”Foot 374 $5.00 $1,870.00 $6.00 $2,244.00 $10.60 $3,964.40 $6.00 $2,244.00 $4.45 $1,664.30
10 Combined Sewers, 12", Special (D.I.P., Cl. 50)Foot 63 $120.00 $7,560.00 $120.00 $7,560.00 $75.00 $4,725.00 $220.00 $13,860.00 $205.00 $12,915.00
11 Storm Sewers, 8", Special (D.I.P., Cl. 52)Foot 75 $100.00 $7,500.00 $85.00 $6,375.00 $70.00 $5,250.00 $190.00 $14,250.00 $180.00 $13,500.00
12 Earth Excavation Cu.Yd.147 $40.00 $5,880.00 $20.00 $2,940.00 $35.00 $5,145.00 $20.00 $2,940.00 $35.00 $5,145.00
13 Trench Backfill Cu.Yd.2,875 $27.00 $77,625.00 $30.00 $86,250.00 $1.00 $2,875.00 $16.00 $46,000.00 $23.50 $67,562.50
14 Granular Backfill Ton 769 $27.00 $20,763.00 $5.00 $3,845.00 $1.00 $769.00 $12.00 $9,228.00 $11.70 $8,997.30
15 Sub-Base Granular Material, Type B (Temporary Use)Cu.Yd.430 $30.00 $12,900.00 $1.00 $430.00 $1.00 $430.00 $1.00 $430.00 $26.00 $11,180.00
16 Furnishing and Placing Topsoil, 3”Sq.Yd.5,898 $4.00 $23,592.00 $2.00 $11,796.00 $4.10 $24,181.80 $3.00 $17,694.00 $6.00 $35,388.00
17 Sodding, Salt Tolerant Sq.Yd.5,898 $5.50 $32,439.00 $4.00 $23,592.00 $7.10 $41,875.80 $6.00 $35,388.00 $6.00 $35,388.00
18 Aggregate Base Course, Type B, 4”Sq.Yd.510 $6.00 $3,060.00 $4.00 $2,040.00 $12.00 $6,120.00 $12.00 $6,120.00 $4.50 $2,295.00
19 Aggregate Base Course, Type B, 6”Sq.Yd.1,289 $7.00 $9,023.00 $5.00 $6,445.00 $20.00 $25,780.00 $16.00 $20,624.00 $6.75 $8,700.75
20 HES PCC Base Course Widening, 9”Sq.Yd.205 $50.00 $10,250.00 $20.00 $4,100.00 $55.00 $11,275.00 $80.00 $16,400.00 $56.00 $11,480.00
21 Bituminous Material (Prime Coat)Gal.1,595 $2.00 $3,190.00 $1.00 $1,595.00 $2.45 $3,907.75 $3.00 $4,785.00 $2.90 $4,625.50
22 Aggregate (Prime Coat)Ton 6 $20.00 $120.00 $1.00 $6.00 $1.00 $6.00 $160.00 $960.00 $100.00 $600.00
23 Mixture for Cracks, Joints and Flangeways Ton 17 $300.00 $5,100.00 $100.00 $1,700.00 $150.00 $2,550.00 $100.00 $1,700.00 $390.00 $6,630.00
24 Leveling Binder, (Mach Meth) N50 (IL 9.5mm)Ton 895 $85.00 $76,075.00 $85.00 $76,075.00 $90.25 $80,773.75 $90.00 $80,550.00 $85.00 $76,075.00
25 Hot-Mix Asphalt Surface Course, Mix"D", N50(IL 9.5mm)Ton 1,487 $85.00 $126,395.00 $88.00 $130,856.00 $80.90 $120,298.30 $90.00 $133,830.00 $90.00 $133,830.00
26 Incidental Hot-mix Asphalt Surfacing Ton 27 $160.00 $4,320.00 $165.00 $4,455.00 $250.00 $6,750.00 $400.00 $10,800.00 $100.00 $2,700.00
27 Cold Mix Ton 110 $160.00 $17,600.00 $10.00 $1,100.00 $38.86 $4,274.60 $160.00 $17,600.00 $0.01 $1.10
28 PCC Driveway Pavement, 6”Sq.Yd.734 $50.00 $36,700.00 $45.00 $33,030.00 $50.00 $36,700.00 $55.00 $40,370.00 $49.00 $35,966.00
29 PCC Sidewalk, 5”Sq.Ft.6,273 $5.00 $31,365.00 $4.50 $28,228.50 $6.00 $37,638.00 $7.00 $43,911.00 $4.80 $30,110.40
30 Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd.15,915 $4.25 $67,638.75 $3.20 $50,928.00 $4.00 $63,660.00 $4.00 $63,660.00 $3.50 $55,702.50
31 Pavement Removal Sq.Yd.222 $18.00 $3,996.00 $15.00 $3,330.00 $20.00 $4,440.00 $12.00 $2,664.00 $15.00 $3,330.00
32 Driveway Pavement Removal Sq.Yd.2,195 $13.00 $28,535.00 $5.00 $10,975.00 $20.00 $43,900.00 $6.00 $13,170.00 $10.00 $21,950.00
33 Curb Removal Foot 1,292 $4.00 $5,168.00 $3.50 $4,522.00 $6.00 $7,752.00 $6.00 $7,752.00 $5.00 $6,460.00
34 Combination Curb and Gutter Removal Foot 2,518 $5.00 $12,590.00 $3.50 $8,813.00 $8.00 $20,144.00 $6.00 $15,108.00 $4.50 $11,331.00
35 Sidewalk Removal Sq.Ft.5,632 $1.25 $7,040.00 $1.30 $7,321.60 $2.00 $11,264.00 $2.00 $11,264.00 $1.00 $5,632.00
36 Class B Patches, Special, 9” (HES)Sq.Yd.59 $75.00 $4,425.00 $65.00 $3,835.00 $75.00 $4,425.00 $120.00 $7,080.00 $75.00 $4,425.00
37 Class D Patches, Special, 9”Sq.Yd.2,520 $70.00 $176,400.00 $45.00 $113,400.00 $85.00 $214,200.00 $55.00 $138,600.00 $65.00 $163,800.00
38 Full Depth Patches, Special, 11”Sq.Yd.312 $80.00 $24,960.00 $65.00 $20,280.00 $98.00 $30,576.00 $120.00 $37,440.00 $95.00 $29,640.00
39 Water Main, 16" (D.I.P., Cl. 52), Push Joint Foot 20 $300.00 $6,000.00 $150.00 $3,000.00 $480.00 $9,600.00 $350.00 $7,000.00 $400.00 $8,000.00
40 Water Main, 12" (D.I.P., Cl. 52), Push Joint Foot 20 $200.00 $4,000.00 $135.00 $2,700.00 $300.00 $6,000.00 $300.00 $6,000.00 $300.00 $6,000.00
41 Water Main, 8" (D.I.P., Cl. 52), Push Joint Foot 1,961 $95.00 $186,295.00 $90.00 $176,490.00 $130.00 $254,930.00 $190.00 $372,590.00 $225.00 $441,225.00
42 Water Main, 8" (D.I.P., Cl. 52), Directionally Drilled Foot 1,060 $170.00 $180,200.00 $150.00 $159,000.00 $195.00 $206,700.00 $240.00 $254,400.00 $255.00 $270,300.00
43 Water Main, 6" (D.I.P., Cl. 52), Push Joint Foot 1,492 $100.00 $149,200.00 $80.00 $119,360.00 $150.00 $223,800.00 $180.00 $268,560.00 $212.00 $316,304.00
44 Water Main, 6" Diameter or Greater (D.I.P., Cl. 52), Short Tunneled or Augered or Vacuum Digged, CompleteFoot 20 $170.00 $3,400.00 $150.00 $3,000.00 $200.00 $4,000.00 $300.00 $6,000.00 $530.00 $10,600.00
45 Water Service Line, 2" Diameter or Less, Short, Complete Each 35 $1,650.00 $57,750.00 $1,850.00 $64,750.00 $1,800.00 $63,000.00 $1,600.00 $56,000.00 $2,015.00 $70,525.00
46 Water Service Line, 2" Diameter or Less, Long, Complete Each 44 $2,150.00 $94,600.00 $2,150.00 $94,600.00 $2,500.00 $110,000.00 $2,400.00 $105,600.00 $2,650.00 $116,600.00
47 Water Service Line, 4" Diameter or Greater, WM Pipe, Valves and Valve Boxes, CompleteEach 2 $4,000.00 $8,000.00 $4,200.00 $8,400.00 $3,000.00 $6,000.00 $9,000.00 $18,000.00 $8,500.00 $17,000.00
48 Line Stopper, 12", Complete Each 2 $5,000.00 $10,000.00 $5,000.00 $10,000.00 $10,000.00 $20,000.00 $8,000.00 $16,000.00 $8,500.00 $17,000.00
49 Water Valve, 16"Each 1 $6,000.00 $6,000.00 $7,500.00 $7,500.00 $8,000.00 $8,000.00 $8,000.00 $8,000.00 $10,100.00 $10,100.00
50 Water Valve, 8"Each 13 $2,500.00 $32,500.00 $1,850.00 $24,050.00 $2,500.00 $32,500.00 $2,200.00 $28,600.00 $3,075.00 $39,975.00
51 Water Valve, 6"Each 4 $2,000.00 $8,000.00 $1,650.00 $6,600.00 $1,800.00 $7,200.00 $1,800.00 $7,200.00 $2,225.00 $8,900.00
52 Viton or FKM Gaskets, Various Sizes, Complete, As Needed Each 27 $300.00 $8,100.00 $5.00 $135.00 $50.00 $1,350.00 $300.00 $8,100.00 $295.00 $7,965.00
53 Fire Hydrant, WM Pipe, Auxiliary Valve and Valve Box, Complete Each 14 $4,000.00 $56,000.00 $4,350.00 $60,900.00 $6,000.00 $84,000.00 $6,500.00 $91,000.00 $8,165.00 $114,310.00
54 Precast Concrete Meter Pit (Purchase from Utilities Department)Each 1 $500.00 $500.00 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $5,000.00 $5,000.00 $8,000.00 $8,000.00
55 Meter Pit, Removal and Replacement, Complete Each 1 $1,000.00 $1,000.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $5,000.00 $5,000.00 $8,375.00 $8,375.00
56 Adjusting Sanitary Sewers, 8" Diameter or Less Each 34 $450.00 $15,300.00 $400.00 $13,600.00 $900.00 $30,600.00 $200.00 $6,800.00 $265.00 $9,010.00
57 Inlets, Type A, Type 1 Frame, Open Lid (36" Depth)Each 2 $1,500.00 $3,000.00 $1,500.00 $3,000.00 $1,800.00 $3,600.00 $3,000.00 $6,000.00 $2,650.00 $5,300.00
58 Catch Basins, Type A, 4' Diameter, Type 1 Frame, Open Lid Each 6 $3,000.00 $18,000.00 $2,250.00 $13,500.00 $3,000.00 $18,000.00 $5,000.00 $30,000.00 $5,400.00 $32,400.00
59 Manholes, Type A, 4' Diameter, Type 1 Frame, Closed Lid Each 1 $3,000.00 $3,000.00 $2,500.00 $2,500.00 $4,000.00 $4,000.00 $7,000.00 $7,000.00 $7,650.00 $7,650.00
60 Valve Vaults, Type A, 5' Diameter, Type 1 Frame, Closed Lid Each 14 $3,000.00 $42,000.00 $2,500.00 $35,000.00 $3,200.00 $44,800.00 $1,800.00 $25,200.00 $2,225.00 $31,150.00
61 Valve Box, Complete Each 4 $450.00 $1,800.00 $450.00 $1,800.00 $280.00 $1,120.00 $500.00 $2,000.00 $395.00 $1,580.00
62 Fiberglass Fabric Repair System Sq.Yd.610 $60.00 $36,600.00 $35.00 $21,350.00 $80.00 $48,800.00 $45.00 $27,450.00 $48.00 $29,280.00
63 Manholes To Be Adjusted Each 4 $375.00 $1,500.00 $350.00 $1,400.00 $575.00 $2,300.00 $700.00 $2,800.00 $900.00 $3,600.00
64 Manholes To Be Reconstructed Each 5 $1,250.00 $6,250.00 $1,250.00 $6,250.00 $2,500.00 $12,500.00 $2,000.00 $10,000.00 $2,015.00 $10,075.00
65 Buffalo Boxes To Be Adjusted Each 1 $375.00 $375.00 $150.00 $150.00 $100.00 $100.00 $900.00 $900.00 $425.00 $425.00
66 Removing Inlets Each 2 $200.00 $400.00 $150.00 $300.00 $300.00 $600.00 $400.00 $800.00 $215.00 $430.00
67 Removing Catch Basins Each 6 $500.00 $3,000.00 $300.00 $1,800.00 $625.00 $3,750.00 $400.00 $2,400.00 $640.00 $3,840.00
68 Removing Manholes Each 1 $500.00 $500.00 $450.00 $450.00 $625.00 $625.00 $900.00 $900.00 $745.00 $745.00
69 Removing Valve Vaults Each 7 $500.00 $3,500.00 $450.00 $3,150.00 $625.00 $4,375.00 $400.00 $2,800.00 $530.00 $3,710.00
70 Removing Valve Boxes Each 8 $200.00 $1,600.00 $200.00 $1,600.00 $125.00 $1,000.00 $400.00 $3,200.00 $320.00 $2,560.00
71 Removing Fire Hydrants Each 8 $600.00 $4,800.00 $500.00 $4,000.00 $550.00 $4,400.00 $500.00 $4,000.00 $530.00 $4,240.00
72 Frames and Lids, Type-1, Closed Lid Each 5 $400.00 $2,000.00 $400.00 $2,000.00 $450.00 $2,250.00 $300.00 $1,500.00 $320.00 $1,600.00
73 Concrete Curb, Type B (AEP-Modified)Foot 1,342 $19.00 $25,498.00 $18.50 $24,827.00 $20.00 $26,840.00 $25.00 $33,550.00 $16.50 $22,143.00
74 Combination Concrete Curb & Gutter, Type B6.12 (AEP-Modified)Foot 2,518 $19.00 $47,842.00 $18.50 $46,583.00 $20.00 $50,360.00 $25.00 $62,950.00 $16.50 $41,547.00
75 Detectable Warnings Sq.Ft.575 $32.00 $18,400.00 $25.00 $14,375.00 $25.00 $14,375.00 $26.00 $14,950.00 $23.50 $13,512.50
76 Pavers, Removal and Replacement Sq.Ft.1,183 $15.00 $17,745.00 $10.00 $11,830.00 $20.00 $23,660.00 $22.00 $26,026.00 $9.00 $10,647.00
77 Concrete Steps, Removal and Replacement Each 6 $100.00 $600.00 $750.00 $4,500.00 $1,000.00 $6,000.00 $1,000.00 $6,000.00 $1,000.00 $6,000.00
78 Brick Paver Sidewalk, Rigid Base Sq.Ft.164 $20.00 $3,280.00 $18.00 $2,952.00 $20.00 $3,280.00 $20.00 $3,280.00 $25.00 $4,100.00
79 Brick Paver Removal and Salvage Sq.Ft.1,025 $3.00 $3,075.00 $3.00 $3,075.00 $5.50 $5,637.50 $12.00 $12,300.00 $2.80 $2,870.00
80 New Tree Frame and Tree Grate, Poly-Grate II, Installed, Complete Each 1 $2,500.00 $2,500.00 $3,500.00 $3,500.00 $1,750.00 $1,750.00 $1,000.00 $1,000.00 $1,500.00 $1,500.00
81 Tree Frame and Tree Grate Removal, Complete Each 1 $750.00 $750.00 $640.00 $640.00 $250.00 $250.00 $500.00 $500.00 $100.00 $100.00
82 Pavement Marking Removal Sq.Ft.830 $8.00 $6,640.00 $0.10 $83.00 $1.00 $830.00 $1.00 $830.00 $1.25 $1,037.50
83 Remove and Reset Existing Streetlight, Complete Each 1 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $5,000.00 $5,000.00 $2,555.00 $2,555.00
84 Streetlight Foundation Removal, Complete Each 1 $900.00 $900.00 $605.00 $605.00 $500.00 $500.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00
85 Concrete Foundation, 6' Deep Each 1 $1,200.00 $1,200.00 $850.00 $850.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00 $2,450.00 $2,450.00
86 Short Term Pavement Marking Line - 4" Foot 250 $1.00 $250.00 $0.10 $25.00 $2.00 $500.00 $2.00 $500.00 $1.75 $437.50
87 Street Sweeping Each 44 $500.00 $22,000.00 $20.00 $880.00 $80.00 $3,520.00 $200.00 $8,800.00 $500.00 $22,000.00
88 Exploration Trench, D < 10 ft.Each 21 $500.00 $10,500.00 $50.00 $1,050.00 $500.00 $10,500.00 $600.00 $12,600.00 $530.00 $11,130.00
89 Special/Non-Special Waste Disposal CuYd.2,668 $40.00 $106,720.00 $1.00 $2,668.00 $1.00 $2,668.00 $9.00 $24,012.00 $26.50 $70,702.00
90 Soil Disposal Analysis Lump Sum 1 $15,000.00 $15,000.00 $2,500.00 $2,500.00 $7,500.00 $7,500.00 $15,000.00 $15,000.00 $16,000.00 $16,000.00
91 Pre and Post Construction Sub-Surface Videotaping Lump Sum 1 $36,000.00 $36,000.00 $40,000.00 $40,000.00 $50,000.00 $50,000.00 $30,000.00 $30,000.00 $36,900.00 $36,900.00
92 Traffic Control and Protection Lump Sum 1 $100,000.00 $100,000.00 $400,000.00 $400,000.00 $259,000.00 $259,000.00 $290,000.00 $290,000.00 $83,130.05 $83,130.05
93 Construction Layout Lump Sum 1 $15,000.00 $15,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $25,000.00 $25,000.00 $19,000.00 $19,000.00
94 Changeable Message Sign Cal.Mo.6 $1,250.00 $7,500.00 $25.00 $150.00 $1,400.00 $8,400.00 $1,500.00 $9,000.00 $1,100.00 $6,600.00
$2,289,232.55 $2,128,128.10 $2,589,003.52 $2,832,208.00 $2,849,900.00
$2,129,128.10 $2,590,621.52 $2,832,208.00 $2,849,900.00
CITY OF EVANSTON
TABULATION OF BIDS FOR
2014 WATER MAIN REPLACEMENT AND STREET RESURFACING PROJECT, PW-WMRS-1401
APPROVED
ENGINEER'S
ESTIMATE
NAME AND ADDRESS OF BIDDERS
A. Lamp Concrete Contractors, Inc Bolder Contractors, Inc.
800 W. Irving Park Road,
Schaumburg, IL 60193
440 Lake Cook Road, Unit 3B
Glenbrook Ex. & Conc., Inc.Chicagoland Paving Contractors
Wauconda, IL., 60084
TOTAL
225 Telser Road,
TOTAL TOTAL
TOTAL BID AS READ
AS CORRECTED
ITEM
NUMBER ITEM
1350 N. Old Rand Road,
UNIT TOTAL
QUANTITY TOTAL TOTAL
Lake Zurich, IL 60047Deerfield, IL 60015
X:\Engineers\FY 2014 PROJECTS\PW-WMRS-1401\BID TAB PW-WMRS-1401163 of 446
PW-WMRS-1401, AVERAGE UNIT PRICES
ITEM
NUMBER ITEM UNIT A Lamp Glenbrook Bolder AVERAGE
UNIT PRICE
1 Temporary Fence Foot 0.50$ 1.00$ 1.00$ 0.83$
2 Tree Trunk Protection Each 25.00$ 50.00$ 80.00$ 51.67$
3 Tree Crown Pruning Each 25.00$ 40.00$ 75.00$ 46.67$
4 Earth Saw Cuts of Tree Roots (Root Prunning)Foot 1.00$ 2.00$ 3.00$ 2.00$
5 Thermoplastic Pavement Marking Line-4”Foot 1.00$ 1.70$ 2.00$ 1.57$
6 Thermoplastic Pavement Marking Line-6”Foot 2.00$ 2.65$ 1.50$ 2.05$
7 Thermoplastic Pavement Marking Line-8"Foot 2.50$ 3.53$ 3.00$ 3.01$
8 Thermoplastic Pavement Marking Line-12"Foot 4.00$ 5.30$ 3.00$ 4.10$
9 Thermoplastic Pavement Marking Line-24”Foot 6.00$ 10.60$ 6.00$ 7.53$
10 Combined Sewers, 12", Special (D.I.P., Cl. 50)Foot 120.00$ 75.00$ 220.00$ 138.33$
11 Storm Sewers, 8", Special (D.I.P., Cl. 52)Foot 85.00$ 70.00$ 190.00$ 115.00$
12 Earth Excavation Cu.Yd.20.00$ 35.00$ 20.00$ 25.00$
13 Trench Backfill Cu.Yd.30.00$ 1.00$ 16.00$ 15.67$
14 Granular Backfill Ton 5.00$ 1.00$ 12.00$ 6.00$
15 Sub-Base Granular Material, Type B (Temporary Use)Cu.Yd.1.00$ 1.00$ 1.00$ 1.00$
16 Furnishing and Placing Topsoil, 3”Sq.Yd.2.00$ 4.10$ 3.00$ 3.03$
17 Sodding, Salt Tolerant Sq.Yd.4.00$ 7.10$ 6.00$ 5.70$
18 Aggregate Base Course, Type B, 4”Sq.Yd.4.00$ 12.00$ 12.00$ 9.33$
19 Aggregate Base Course, Type B, 6”Sq.Yd.5.00$ 20.00$ 16.00$ 13.67$
20 HES PCC Base Course Widening, 9”Sq.Yd.20.00$ 55.00$ 80.00$ 51.67$
21 Bituminous Material (Prime Coat)Gal.1.00$ 2.45$ 3.00$ 2.15$
22 Aggregate (Prime Coat)Ton 1.00$ 1.00$ 160.00$ 54.00$
23 Mixture for Cracks, Joints and Flangeways Ton 100.00$ 150.00$ 100.00$ 116.67$
24 Leveling Binder, (Mach Meth) N50 (IL 9.5mm)Ton 85.00$ 90.25$ 90.00$ 88.42$
25 Hot-Mix Asphalt Surface Course, Mix"D", N50(IL 9.5mm)Ton 88.00$ 80.90$ 90.00$ 86.30$
26 Incidental Hot-mix Asphalt Surfacing Ton 165.00$ 250.00$ 400.00$ 271.67$
27 Cold Mix Ton 10.00$ 38.86$ 160.00$ 69.62$
28 PCC Driveway Pavement, 6”Sq.Yd.45.00$ 50.00$ 55.00$ 50.00$
29 PCC Sidewalk, 5”Sq.Ft.4.50$ 6.00$ 7.00$ 5.83$
30 Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd.3.20$ 4.00$ 4.00$ 3.73$
31 Pavement Removal Sq.Yd.15.00$ 20.00$ 12.00$ 15.67$
32 Driveway Pavement Removal Sq.Yd.5.00$ 20.00$ 6.00$ 10.33$
33 Curb Removal Foot 3.50$ 6.00$ 6.00$ 5.17$
34 Combination Curb and Gutter Removal Foot 3.50$ 8.00$ 6.00$ 5.83$
35 Sidewalk Removal Sq.Ft.1.30$ 2.00$ 2.00$ 1.77$
36 Class B Patches, Special, 9” (HES)Sq.Yd.65.00$ 75.00$ 120.00$ 86.67$
37 Class D Patches, Special, 9”Sq.Yd.45.00$ 85.00$ 55.00$ 61.67$
38 Full Depth Patches, Special, 11”Sq.Yd.65.00$ 98.00$ 120.00$ 94.33$
39 Water Main, 16" (D.I.P., Cl. 52), Push Joint Foot 150.00$ 480.00$ 350.00$ 326.67$
40 Water Main, 12" (D.I.P., Cl. 52), Push Joint Foot 135.00$ 300.00$ 300.00$ 245.00$
41 Water Main, 8" (D.I.P., Cl. 52), Push Joint Foot 90.00$ 130.00$ 190.00$ 136.67$
42 Water Main, 8" (D.I.P., Cl. 52), Directionally Drilled Foot 150.00$ 195.00$ 240.00$ 195.00$
43 Water Main, 6" (D.I.P., Cl. 52), Push Joint Foot 80.00$ 150.00$ 180.00$ 136.67$
44 Water Main, 6" Diameter or Greater (D.I.P., Cl. 52), Short Tunneled or
Augered or Vacuum Digged, Complete Foot 150.00$ 200.00$ 300.00$ 216.67$
45 Water Service Line, 2" Diameter or Less, Short, Complete Each 1,850.00$ 1,800.00$ 1,600.00$ 1,750.00$
46 Water Service Line, 2" Diameter or Less, Long, Complete Each 2,150.00$ 2,500.00$ 2,400.00$ 2,350.00$
47 Water Service Line, 4" Diameter or Greater, WM Pipe, Valves and Valve
Boxes, Complete Each 4,200.00$ 3,000.00$ 9,000.00$ 5,400.00$
48 Line Stopper, 12", Complete Each 5,000.00$ 10,000.00$ 8,000.00$ 7,666.67$
49 Water Valve, 16"Each 7,500.00$ 8,000.00$ 8,000.00$ 7,833.33$
50 Water Valve, 8"Each 1,850.00$ 2,500.00$ 2,200.00$ 2,183.33$
51 Water Valve, 6"Each 1,650.00$ 1,800.00$ 1,800.00$ 1,750.00$
52 Viton or FKM Gaskets, Various Sizes, Complete, As Needed Each 5.00$ 50.00$ 300.00$ 118.33$
53 Fire Hydrant, WM Pipe, Auxiliary Valve and Valve Box, Complete Each 4,350.00$ 6,000.00$ 6,500.00$ 5,616.67$
54 Precast Concrete Meter Pit (Purchase from Utilities Department)Each 2,000.00$ 1,500.00$ 5,000.00$ 2,833.33$
55 Meter Pit, Removal and Replacement, Complete Each 2,500.00$ 1,500.00$ 5,000.00$ 3,000.00$
56 Adjusting Sanitary Sewers, 8" Diameter or Less Each 400.00$ 900.00$ 200.00$ 500.00$
57 Inlets, Type A, Type 1 Frame, Open Lid (36" Depth)Each 1,500.00$ 1,800.00$ 3,000.00$ 2,100.00$
58 Catch Basins, Type A, 4' Diameter, Type 1 Frame, Open Lid Each 2,250.00$ 3,000.00$ 5,000.00$ 3,416.67$
59 Manholes, Type A, 4' Diameter, Type 1 Frame, Closed Lid Each 2,500.00$ 4,000.00$ 7,000.00$ 4,500.00$
60 Valve Vaults, Type A, 5' Diameter, Type 1 Frame, Closed Lid Each 2,500.00$ 3,200.00$ 1,800.00$ 2,500.00$
61 Valve Box, Complete Each 450.00$ 280.00$ 500.00$ 410.00$
62 Fiberglass Fabric Repair System Sq.Yd.35.00$ 80.00$ 45.00$ 53.33$
63 Manholes To Be Adjusted Each 350.00$ 575.00$ 700.00$ 541.67$
64 Manholes To Be Reconstructed Each 1,250.00$ 2,500.00$ 2,000.00$ 1,916.67$
65 Buffalo Boxes To Be Adjusted Each 150.00$ 100.00$ 900.00$ 383.33$
66 Removing Inlets Each 150.00$ 300.00$ 400.00$ 283.33$
67 Removing Catch Basins Each 300.00$ 625.00$ 400.00$ 441.67$
68 Removing Manholes Each 450.00$ 625.00$ 900.00$ 658.33$
69 Removing Valve Vaults Each 450.00$ 625.00$ 400.00$ 491.67$
70 Removing Valve Boxes Each 200.00$ 125.00$ 400.00$ 241.67$
71 Removing Fire Hydrants Each 500.00$ 550.00$ 500.00$ 516.67$
72 Frames and Lids, Type-1, Closed Lid Each 400.00$ 450.00$ 300.00$ 383.33$
73 Concrete Curb, Type B (AEP-Modified)Foot 18.50$ 20.00$ 25.00$ 21.17$
74 Combination Concrete Curb & Gutter, Type B6.12 (AEP-Modified)Foot 18.50$ 20.00$ 25.00$ 21.17$
75 Detectable Warnings Sq.Ft.25.00$ 25.00$ 26.00$ 25.33$
76 Pavers, Removal and Replacement Sq.Ft.10.00$ 20.00$ 22.00$ 17.33$
77 Concrete Steps, Removal and Replacement Each 750.00$ 1,000.00$ 1,000.00$ 916.67$
78 Brick Paver Sidewalk, Rigid Base Sq.Ft.18.00$ 20.00$ 20.00$ 19.33$
79 Brick Paver Removal and Salvage Sq.Ft.3.00$ 5.50$ 12.00$ 6.83$
80 New Tree Frame and Tree Grate, Poly-Grate II, Installed, Complete Each 3,500.00$ 1,750.00$ 1,000.00$ 2,083.33$
81 Tree Frame and Tree Grate Removal, Complete Each 640.00$ 250.00$ 500.00$ 463.33$
82 Pavement Marking Removal Sq.Ft.0.10$ 1.00$ 1.00$ 0.70$
83 Remove and Reset Existing Streetlight, Complete Each 5,000.00$ 3,500.00$ 5,000.00$ 4,500.00$
84 Streetlight Foundation Removal, Complete Each 605.00$ 500.00$ 1,500.00$ 868.33$
85 Concrete Foundation, 6' Deep Each 850.00$ 2,500.00$ 1,500.00$ 1,616.67$
86 Short Term Pavement Marking Line - 4" Foot 0.10$ 2.00$ 2.00$ 1.37$
87 Street Sweeping Each 20.00$ 80.00$ 200.00$ 100.00$
88 Exploration Trench, D < 10 ft.Each 50.00$ 500.00$ 600.00$ 383.33$
89 Special/Non-Special Waste Disposal CuYd.1.00$ 1.00$ 9.00$ 3.67$
90 Soil Disposal Analysis Lump Sum 2,500.00$ 7,500.00$ 15,000.00$ 8,333.33$
91 Pre and Post Construction Sub-Surface Videotaping Lump Sum 40,000.00$ 50,000.00$ 30,000.00$ 40,000.00$
92 Traffic Control and Protection Lump Sum 400,000.00$ 259,000.00$ 290,000.00$ 316,333.33$
93 Construction Layout Lump Sum 30,000.00$ 30,000.00$ 25,000.00$ 28,333.33$
94 Changeable Message Sign Cal.Mo.25.00$ 1,400.00$ 1,500.00$ 975.00$
X:\Engineers\FY 2014 PROJECTS\PW-WMRS-1401\BID TAB PW-WMRS-1401 4/16/2014164 of 446
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LINCOLN ST
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LINCOLN ST
COLFAX STLIVINGSTON
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SOUTH BLVDRIDGE CTRIDGEAVESIMPSON STBRYANT AVEOAKTON ST
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HARTREY AVEFOWLER AVELELAND AVELYONS ST
BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST
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AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST
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SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN1200
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0 0.5 10.25 Mile
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This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information.
Water Main and Resurfacing
2014 Water Main Replacement and Street Resurfacing Project - CIP 1, PW-WMRS-1401
City of Evanston Department of Public Works
165 of 446
To: Suzette Robinson, Director of Public Works
Homayoon Pirooz, P.E., Assistant Director of Public Works
Sat Nagar, P.E., Senior Project Manager, Infrastructure & Engineering
From: Tammi Turner, Purchasing Manager
Subject: Contract Award for 2014 Water Main Replacement & Street
Resurfacing Project CIP I, Bid #14-21
Date: April 28, 2014
The goal of the Minority, Women, and Evanston Business Enterprise Program
(M/W/EBE) is to assist such businesses with opportunities to grow. In order to help
ensure such growth, the City has established a 25% M/W/EBE subcontracting
participation goal for general contractors.
With regard to the 2014 Water Main Replacement & Street Resurfacing Project
CIP I, Bid #14-21, in the base bid amount of $2,129,128.10, the primary contractor
A Lamp Concrete Contractors has subcontracted the following:
Name of M/W/EBE Scope of Work Contract
Amount
% MBE EBE DBE
Precision Pavement Road Marking $ 5,741.80 .26% X
Ozinga Ready Mix Concrete $ 55,000.00 2.5 % X
Alas Trucking Trucking $ 472,000.00 22% X
Total M/W/EBE $ 532,741.80 25%
A Lamp Concrete Contractors will receive credit for 25% M/W/EBE participation.
Cc: Marty Lyons, Assistant City Manager/CFO
Memorandum
2014 Water Main Replacement & Street Resurfacing Project CIP I, Bid #14-21, M/W/EBE Memo 166 of 446
1
For City Council meeting of April 28, 2014 Item A4
Business of the City by Motion: Electricity Aggregation
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Catherine Hurley, Sustainable Programs Coordinator
Dave Stoneback, Director of Utilities
Subject: Community Choice Electricity Aggregation
Approval
Date: April 17, 2014
Recommended Action:
Staff recommends that City Council authorize the City Manager to execute a Master
Agreement to Provide Services to an Aggregated Group with the pre-qualified Alternate
Retail Electric Supplier (ARES) that provides the most favorable price per kilowatt hour
($ / kWh) for the length of term and renewable energy mix that the City Council
determines to be the most advantageous. At the City Council meeting on April 28,
2014, staff will present a recommendation to the City Council authorizing the City
Manager to negotiate and execute an agreement with the prequalified ARES that
submits the most favorable pricing based on the recommendations provided in this
memo.
Background:
On Monday, April 1, 2013, the Council authorized the City Manager to enter into an
agreement with Verde Energy USA Illinois, LLC to provide services to the Evanston
Aggregated Group for a 12-month term with a 100% renewable energy mix at the price
of $0.05192 per kilowatt hour. Based on this price, the typical single family home which
used 9,000 kWh on an annual basis, would realized a $19 savings compared to the
ComEd rate.
Most of the participants in the aggregated group began receiving their power supply
from Verde in August 2013 and received their first invoice with the lower rate in
September. The current agreement with Verde for the aggregation program will end in
July 2014.
Memorandum
167 of 446
2
Staff released a request for indicative pricing and company qualifications (RFP 14-26)
for Municipal Aggregation of Electric Supply for Residential and Small Commercial
Retail Customers on March 20, 2014.
Indicative Pricing and Qualification Results:
Four responses to the request for indicative pricing and company qualifications were
received on April 9, 2014 in response to RFP 14-26 as listed below:
Supplier Address
Constellation NewEnergy, Inc. 100 Constellation Way, Baltimore, MD
Homefield Energy 1500 Eastport Plaza Dr., Collinsville, IL
MC Squared Energy Services Two North Riverside, Chicago, IL
Verde Energy, USA Illinois LLC 101 Merritt 7, Norwalk, CT
The following individuals were part of the committee that reviewed the responses and
helped to prepare the recommendations to the City Council:
Richard Lanyon, Utilities Commission Chair
David Grumman, Utilities Commission Member co-Chair
Jonathan Nieuwsma, Utilities Commission Member
Catherine Hurley, Sustainable Programs Coordinator
David Stoneback, Director, Utilities Department
All four of the proposed suppliers were deemed qualified, pending their acceptance of
the City’s Master Agreement. Each supplier proposed modifications to the master
agreement and these proposed changes were reviewed by the Legal Department.
While some of the changes were acceptable, others were not. The suppliers were
advised as to what changes were deemed acceptable and staff is waiting for a response
from the suppliers to determine if they will execute the agreement as modified. Only the
suppliers that accept the modified master agreement will be requested to submit
actionable pricing on April 28, 2014.
Cost Analysis:
The City requested indicative pricing to supply energy for three different terms (12, 24,
and 36 months) and four different fixed prices: one where the renewable energy
component would be eight percent (8%)1, in accordance with Illinois Renewable Energy
Portfolio Standard (IRPS) Illinois Public Act 095-1027, and the three prices based on
the renewable energy component being twenty-five percent (25%), fifty percent (50%)
and one hundred percent (100%). Staff requested a large number of pricing options to
understand the incremental cost of various contract terms and renewable energy
1 Renewable energy percentage good thru May 31, 2013 through June 1, 2014 according to the Illinois Renewable Energy Portfolio
Standard, Illinois Public Act 095-1027. Renewable energy percentage will increase by one percent each year through 2016.
168 of 446
3
options with the goal of narrowing down the number of options requested for actionable
pricing.
Due to the volatile pricing of electricity, which changes hour by hour, suppliers will not
hold purchase prices for more than 24 hours without a considerable risk factor markup.
The pricing provided in these responses are only an indication of what to expect when
actionable pricing is requested and therefore they should be evaluated to understand
the variety of term and energy mix options only.
A summary of the average prices is provided in Tables 1, 2 and 3. Average prices are
presented across all contract terms and energy mix options. In addition, staff has
calculated the average price differential between the contract terms and the energy mix
options.
Table 1 – Summary of Average Prices
Energy Mix
Contract Term
12 Month 24 Month 36 Month
Average Price $ per kW h
IL RPS Compliant (8%) $0.07502 $0.07524 $0.07256
25% Renewable Energy $0.07530 $0.07550 $0.07271
50% Renewable Energy $0.07561 $0.07581 $0.07314
100% Renewable Energy $0.07608 $0.07628 $0.07362
Note: ComEd sets the price to compare every six months. The current ComEd
price to compare is $0.06023 per kWh which will be modified in May 2014
and is anticipated to be higher based on increased costs for capacity and
transmission.
Table 2 – Summary of Average Price Differential: Price Terms
Contact Term Option % Difference
12 to 24 month 0.27%
12 to 36 month -3.30%
Table 3 – Summary of Average Price Differential: Energy Mix
Renewable Energy
Option
Average cost increase per kWh
above IL RPS Compliant (8%)
25% $0.0002
50% $0.0006
100% $0.0011
169 of 446
4
Recommendation – Contract Term:
Energy prices are still relatively low. However the transmission, capacity and ancillary
service charges associated with the supply of that energy have continued to rise. Over
the next three years all of these charges are subject to change as well. Based on the
anticipated changes to these types of charges, staff believes that the three year term
will provide the best rate since it will allow suppliers to average out the higher charges
anticipated over the next two years with the lower charges anticipated in the third year.
The review committee recommends that the Council consider awarding the longest term
that provides a price less than 110% of the 12-month price.
Recommendation – Energy Mix:
Table 2 provides a summary of the average incremental cost for renewable energy
options above the IRPS requirement. Based on the actual number of accounts that
participated in the aggregation program, staff estimates that a 100% renewable energy
option would be needed to meet the city’s goal established in the Evanston Climate
Action Plan.
The committee recommends selecting the 100% renewable energy option if the price
difference between the IL RPS Compliant cost and 100% renewable energy cost per
kWh is less than $0.0015. This equates to $13.50 annually, or just over $1 per month,
for the average single family home with a typical annual use of 9,000 kWh.
170 of 446
For City Council meeting of April 28, 2014 Item A5
Resolution 23-R-14: Amending Plan of Operation & Governance for Electricity
Aggregation
For Approval
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: David Stoneback, Director of Utilities
Subject: Resolution 23-R-14 Amending the Plan of Operation and Governance for
the City of Evanston Electricity Aggregation Program
Date: April 17, 2014
Recommended Action:
Staff recommends adoption of Resolution 23-R-14 amending the Plan of Operation and
Governance for the City of Evanston Electricity Aggregation Program.
Funding Source:
N/A
Summary:
The most significant proposed modification to the Plan of Operation and Governance
(POG) is to allow ComEd hourly rate customers to be included into the aggregation
program. When the original POG was crafted, ComEd offered a favorable rate to these
customers. However, this rate has increased significantly and customers on the hourly
rate are anticipated to get a more favorable rate through the aggregation program. The
other proposed modification is to allow for more flexibility in the term duration and
renewable component of the prices obtained in order to get the best prices for the
Evanston residents.
Legislative History:
The City Council adopted an Electricity Aggregation Plan of Operation and Governance
on April 10, 2012 by Resolution 24-R-12 to implement its Municipal Aggregation
Program. On March 11, 2013, the City Council approved Resolution 16-R-13 amending
the POG to allow flexibility in the term duration of the program in order to get the best
prices for the Evanston residents.
Attachments:
Proposed Resolution 23-R-14
Memorandum
171 of 446
4/14/2014
23-R-14
A RESOLUTION
Amending the Plan of Operation and Governance for the
City of Evanston Electricity Aggregation Program
WHEREAS, pursuant Section 1-92 of the Illinois Power Agency Act, 20
ILCS 3855/1-92 (“Act”), to facilitate competitive retail electric service to promote electric
savings, lower cost of electric supplies, and other benefits, certain governmental entities
may aggregate certain electric consumers within the jurisdiction; and
WHEREAS, on March 20, 2012, the electors of the City of Evanston
approved the City’s plan to create a program for the municipal aggregation of electricity
(“Electricity Aggregation Program”); and
WHEREAS, as required under the Act, the City adopted an Electricity
Aggregation Plan of Operation and Governance on April 10, 2012 by Resolution 24-R-
12 (the “Plan”) to implement its Municipal Aggregation Program and the City adopted an
amendment to the Plan on March 10, 2013 by Resolution 16-R-13; and
WHEREAS, the City seeks additional amendments to the Plan to allow for
more flexibility in proposals by prospective suppliers; and
WHEREAS, the City Council has determined that amending the Plan as
provided in this Resolution and the attached City of Evanston Electricity Municipal
Aggregation Plan of Operation and Governance (the “Amended Plan”) would be in the
best interests of the City and its residents,
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
172 of 446
23-R-14
SECTION 1: The foregoing recitals are found as fact and made
a part hereof.
SECTION 2: The City Council hereby adopts the amended City of
Evanston’s Plan of Operation and Governance, attached hereto and incorporated herein
by reference as Exhibit “A”, for the implementation and administration of the City’s
Electricity Aggregation Program in accordance with the Act.
SECTION 3: This Resolution 23-R-14 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: __________________, 2014
2 173 of 446
23-R-14
EXHIBIT A
Amended Plan of Operation and Governance
3 174 of 446
City of Evanston
Electricity Aggregation Program
Plan of Operation and Governance
April 5, 2012
Approved by Evanston City Council April 10, 2012
Revised February 27, 2013
Approved by Evanston City Council March 11, 2013
Last Revised: 4/14/2014
175 of 446
Page 2 of 11
1. Purpose of Electricity Aggregation Program & Services
This Plan of Operation and Governance (the “Plan”) has been developed in compliance
with the Illinois Power Agency Act, 20 ILCS 3855/1-92 regarding aggregation of
electrical load by municipalities. The statute defines two types of aggregation programs
that may be enacted by a governmental entity; opt-in aggregation and opt-out
aggregation. The City of Evanston (“City”) will administer an opt-out aggregation
program (the “Program”). Under this Program, the City will aggregate the electric loads
of residential and small commercial retail customers located within the City and then
solicit proposals, select an Alternative Retail Electric Supplier (“Supplier”) and enter into
a service agreement to facilitate the purchase of electricity and related service on behalf
of its residents and small businesses. Customers will be given prior written notice
entitling them to affirmatively elect not to be part of the Program (the “Opt out Notice”).
On November 29, 2011, the City adopted Ordinance 103-O-11, to place the issue of
Opt-Out Governmental Aggregation of Electricity on the March 20, 2012 election ballot.
The registered voters of the City subsequently passed the ballot measure on March 20,
2012. The City will follow the Plan of Operation and Governance (“Plan”) outlined
below. This Plan was presented to the Evanston City Council for introduction and
action on April 10, 2012 after two public hearings are held in accordance with 20 ILCS
3855/1-92 and the City Council adopted said Plan on April 10, 2012. The Evanston City
Council adopted said revisions to the Plan on March 11, 2013.
The City’s Program seeks to aggregate the retail electric loads of eligible residential and
small commercial retail accounts located within the City to negotiate the most favorable
rates for the generation of supply of electric power. The City’s program will solicit
proposals for both a lowest rate alternative as well as an alternative for a cleaner,
greener supply of electric power that would at a minimum meet the city’s goal of
reducing greenhouse gas emissions as set forth in the Evanston Climate Action Plan.
With a City population of approximately 74,000, the Program has the potential to
combine residential accounts and small commercial accounts into a buying group that
will be attractive to a Supplier. Participation in the Program is voluntary. Any individual
customer (“Member”) has the opportunity to decline to be a Member of the Program and
remain with the local utility (“ComEd”) standard offer of service or to enter into a power
supply contract with any other Alternative Retail Electric Supplier.
Residential and small commercial retail electric customers often lack the ability to
effectively negotiate electric supply services. The City’s Program provides them an
opportunity to benefit from professional representation and bargaining power achieved
through an aggregation program.
The Program is designed to reduce the amount Members pay for electric energy supply
and to gain other favorable terms of service. The City will not buy and resell the power
to the Program Members. Instead, the City will competitively seek proposals and
negotiate a contract with a Supplier to provide firm, full-requirements generation service
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to the Members of the Program. Individual members of the program will enter into an
electric purchase and sale contract with the selected Supplier. The City is not a party to
the contract and is not responsible for performance of the contract beyond negotiating
the safeguards in the contract.
As required by the Act, this Plan of Operation and Governance describes:
1. How the Aggregation Program will provide for universal access to all applicable
residential customers and equitable treatment of applicable residential
customers;
2. How demand management and energy efficiency services will be provided to
each class of customers; and
3. How the Aggregation will meet any other legal requirements concerning
aggregated electric service.
The City and the selected Supplier will follow the Plan set forth in this document.
2. Proposal / Contract Procedures
Following the adoption of this Plan, the City will conduct a proposal process in
compliance with the City Code. The City will retain the full and absolute right to accept,
accept with conditions, or reject any proposals. If this process does not result in the
identification of an acceptable supplier, the City will conclude the proposal process and
not proceed with the Program at that time. The proposal process will include a
qualifications phase and a firm pricing phase. Suppliers which are found to be
responsive and qualified will be invited to submit actionable pricing proposal following
completion and adoption of this Plan. Requirements for company qualifications are
outlined in Section 15.
By majority vote of the Corporate Authorities of the City, the City may select an
Alternative Retail Electric Supplier to provide electric power through the Program
according to the terms of a written Master Agreement to Provide Services to an
Aggregated Group (“Agreement”) entered into by and between the Supplier and the
City. By majority vote of the Corporate Authorities, the City may determine not to enter
into an Agreement with any Supplier and in such event eligible customers shall continue
to purchase electric power through ComEd. If the Corporate Authorities enter into an
Agreement with a Supplier, ComEd will continue to provide and service delivery of the
electricity purchased from the Supplier, and metering, repairs and emergency service
will continue to be provided by ComEd.
The Program may be terminated upon the termination or expiration of the Agreement
without any extension, renewal, or subsequent Agreement being negotiated. Each
individual Member receiving electric supply service under the Program will receive
notification 45-90 days prior to termination of the Program. At the end of the agreement
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term, the City will consult the Supplier regarding the next course of action, which will be
one of the following: 1) switch the Members back to ComEd, 2) switch the Members to a
different Supplier or 3) enter into a new Agreement with the City to continue the
Program.
3. Determination of Rates and Other Charges
3.1 Rates
The City will solicit proposals from Alternative Retail Electric Suppliers (“ARES”)
certified by the Illinois Commerce Commission to provide electricity to aggregation
programs. The proposal documents shall require the suppliers to offer a generation
charge for firm, full-requirements supply. The Members will be charged the price
determined to be the most favorable based on term and energy mix selected.
Members will be notified of the rates and terms of the Program through a direct
mailing sent to each eligible resident and business within the City limits.
3.2 Charges
Neither the City nor the selected Supplier will impose any terms, conditions, fees, or
charges on any Member served by the Program unless the particular term,
condition, fee, or charge is clearly disclosed to the Member at the time the Members
chose stay in the Program and did not elect to opt out.
ComEd will continue to bill for Late Payments, Delivery Charges and Monthly
Service Fees, and any other typical fees. These charges apply whether or not a
Member switches to the Program’s Supplier. Switching generation suppliers will not
result in any new charges billed to the Member.
3.3 Switching Fees
Should ComEd assess a switching fee for Members voluntarily remaining in the
aggregation program; the terms and conditions will be written to require the selected
Supplier shall pay the switching fee without assessing the fee to the Members.
3.4 Early Termination Fee
Members may terminate their agreement without penalty if they relocate outside of
the City or if they decide to go back to ComEd for their energy supply. Members that
leave the Program for other reasons, such as switching to another Supplier may be
assessed an early termination fee by the Supplier. The City will negotiate with the
Supplier to ensure that any early termination fee assessed against the Members is
reasonable and clearly stated in the electric purchase and sale terms and conditions
sent to the Members with the Opt-out Notice.
4. Contents of the Proposal
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Suppliers which are found to be responsive and qualified will be formally invited to
submit actionable pricing and will be sent a formal request for proposals. Key items to
be included in the proposal include the following:
4.1 Term of Agreement:
Proposals by prospective suppliers shall provide pricing for various terms between
12 to 36 months in durations. The City will select the duration which offers the City
the most protection against future increases in energy prices.
4.2 Power Mix:
Proposers will quote rates for the following energy mixes:
a. Lowest Price Mix – The lowest priced electricity supply available from an
ARES using, at a minimum, renewable energy consistent with the Illinois
Renewable Portfolio Standard (“IRPS”) required by law.
b. Renewable Energy – REC Supported Mix. Electricity with a percentage of the
energy used by the aggregated accounts will be offset by Renewable Energy
Credits (“REC”). RECs shall be Green-e certified.
c. Renewable Energy-Non REC Supported Mix. Electricity where a percentage
of the energy used by the aggregated accounts will come from renewable energy
that is not REC based. Renewable energy may come from a power purchase
agreement (“Power Purchase Agreement”), distributed generation or any other
such sources as long as the electricity is created through a renewable source.
4.3 Rates:
The documents shall require the ARES to provide the rate information in the
following format:
Energy Mix Options
Rate Period Best Rate –
IRPS
REC
Supported
12 month or 36
month term
25% to 100%
Rec
Supported
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The City’s intent in soliciting the proposals is to provide residents with delivered
electricity prices that are always less than ComEd’s applicable rates. The City is
also interested in selecting a renewable energy option in a cost effective way.
5. Determination of Eligible Customer Pool
Under the opt-out aggregation provisions, all eligible electric consumers within the City
will be automatically included in the Program. However, such customers will be given
prior notice entitling them to affirmatively elect not to be part of the Program.
Prior to mailing opt-out notices, a thorough review will be performed to see that all
ineligible customers are excluded. The review process will include the efforts of
numerous parties and utilize a number of resources:
ComEd will query their customer database using best efforts to capture all
accounts within the City limits.
The Supplier, with assistance from the City, using available City resources and
publicly available material shall screen out customers who are not located within
the City limits. Those resources may include any or all of the following: property
records, water and/or sewer records, fire and/or police department address
records, 911 address records, street listings, City maps, internet maps, county
parcel mapping databases, and geographical information systems (GIS).
Ineligible accounts will be screened out based on codes provided in the ComEd
data.
The data shall be reviewed to see that all zip codes have been included, all
streets included, all customer classes, all customer rate schedules, and finally
that an expected total for a community of this population was turned over.
Any suspected omissions will be reported to ComEd along with a request to
furnish that data.
6. Opt-Out Process
The City is using an Opt-Out form of Governmental Aggregation under the Act. Any
such person that opts-out of the aggregation program pursuant to stated procedure will
default to the standard service offer provided by ComEd until the person chooses an
alternative supplier.
When a successful supply offer is found, the City shall order the eligible customer list
from ComEd. ComEd shall turn over the list to the City upon request within a
reasonable time period. Once the City obtains the list, it will be shared with the selected
Supplier and they will have thirty (30) days from the City’s receipt of the data to mail the
Opt-out Notices to all eligible Members receiving an offer.
The selected Supplier will be required to pay for printing and mailing of Opt-out Notices.
The notices will be mailed to the owner or occupant residing at the electric account
mailing address shown on ComEd’s customer list. The selected Supplier and the City
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will agree upon the format and content of the Opt-out Notice prior to mailing the notice
to eligible Members. A City official will sign the notice and it will contain the City’s name
and logo on the outside of the envelope to clearly indicate to the recipient that it is a
notice from the City. The City will review and approve any additional attachments to be
included in the opt-out notices.
Prior to mailing the Opt-out Notices, a thorough review will be performed of the
customer list to ensure that all eligible Members receive the Opt-out notice. The review
process will include the efforts of numerous parties and utilize a number of resources as
specified in Section 5 of this Plan.
Following acceptance of an offer by the City, the Supplier will mail the Opt-out Notices
to eligible Members receiving an offer. Members will have at least twenty-one (21) days
from the postmark date on the notice to postmark the return opt-out card if they do not
wish to participate in the City’s program. The Supplier shall offer at least 2 additional
means of opting out, such as, a toll-free phone number, website, or email address. The
selected Supplier will not enroll the accounts which affirmatively opted out of the
Program.
In the event that an eligible Member is inadvertently omitted from the Program, the
Supplier shall, upon request, enroll the eligible Member at the group rate for the
remaining term.
All members of the Program will also be given an opportunity to opt-out without penalty
at least once every three (3) years.
Procedure Steps:
a. The selected Supplier and the City will agree upon the format of the Opt-out
Notice and other documents to be included in the mailing prior to mailing it to eligible
Members.
b. The selected Supplier will distribute an Opt-Out Form to all eligible Members via
first-class U.S. Mail.
c. Recipients will have at least twenty-one (21) days from the postmark on the Opt-
out Notice to notify the selected Supplier if they do not want to be part of the
Program.
d. Members will be able to opt-out by returning an opt-out card via U.S. Mail to the
selected Supplier. The Supplier shall offer at least two additional means of opting
out, such as a toll-free phone number, website, email address, or fax number.
e. The opt-out notice will clearly notify the Program Members of the rates to be
charged for electricity and other terms of the contract with the selected supplier.
f. The selected Supplier will not enroll those accounts opting out from the Program.
g. Additionally, Members who do not opt-out under step d above will receive written
notification from ComEd stating that they are about to be switched to the new
Supplier. The ComEd notice will inform the Member that they have seven (7) days
to rescind the contract by contacting ComEd.
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7. Customer Classes Included
The Program provides for universal access and equitable treatment of all eligible
customers. Utility rules approved by the Illinois Commerce Commission (“ICC”) or other
regulatory agencies may limit eligibility to enroll in the aggregation program.
The following eligibility requirements apply:
• Customers must not have opted-out of the Program
• Customers must not be supplied generation service from another supplier
• Commercial customers must have a Peak Demand of <= 100kW
• Residential customers must live within the City limits
• Customers must not be an “hourly rate” ComEd customer
• Customers must not be on ComEd’s “bundled hold”
Customers receiving power from ComEd under particular tariffs as they may be
approved and/or amended by the Illinois Commerce Commission from time to time may
not be eligible to enroll in the aggregation program.
While providing for universal access to all eligible customers, specific savings for each
such customer may depend upon the load usage patterns of that customer. Thus, a
Supplier’s offer may not provide to all Members equal economic savings opportunity as
compared to ComEd’s prevailing rate.
8. Billing Procedures
The Program will utilize the coordinated billing services of ComEd and the selected
Supplier. Customers will receive a single bill from ComEd that itemizes among other
things, the cost of generation provided by the Supplier.
Members are required to remit and comply with the payment terms of ComEd. The City
will not be responsible for late or no payment on the part of any of the Members.
Furthermore, slow or no payment on the part of some Members will not adversely
impact the rates charged to other Members.
9. Credit / Deposit Requirements
Collection and credit procedures remain the responsibility of ComEd, the selected
Supplier, and the individual Member. Members are required to remit and comply with
the payment terms of ComEd and/or the Supplier. This Program will not be responsible
for late or no payment on the part of any of its Members. The City will have no separate
credit or deposit policy.
10. Procedures for Handling Customer Complaints and Dispute Resolution
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Members have multiple means of addressing complaints. As a general rule, concerns
regarding service reliability should be directed to ComEd, billing questions should be
directed to ComEd or the selected Supplier, and any unresolved disputes should be
directed to the ICC.
11. Moving Into the City
Residents and businesses that move into the City will NOT be automatically included in
the City’s Program. However, customers wishing to opt-in to the Program may contact
the Supplier to obtain enrollment information. There is no guarantee that customers
opting-in at a later date will receive the same price as did the initial participants.
12. Moving Within the City and Maintaining the Same Account Number
The selected Supplier shall continue service at the same rate and under the same terms
and conditions for any Member who relocates within the City prior to the expiration of
the contract term, providing that the Member notifies the Supplier of their desire to do so
with thirty (30) days notice. Moving within the City may cause the Member to be served
for a brief period of time by ComEd. The Supplier shall have the right to bill the
participant for any associated switching fee imposed by ComEd. Members may also
opt-out without penalty under these circumstances.
13. Joining the Aggregation Group after Opting-Out
Members who have left the aggregation group and wish to rejoin at a later date are
treated in the same manner as new residents moving into the City. These customers
may contact the Supplier at any time to obtain enrollment information. There is,
however, no guarantee that customers opting-in at a later date will receive the same
price as did the initial participants.
14. Joining the Aggregation Group after ending an agreement with another
Supplier
Residents and businesses that were under contract with a Supplier at the start of the
Program were not initially eligible for the program. However, they can join the program
at a later date once their contract with their current Supplier has ended. These
customers may contact the Supplier at any time during the Term of the program to
obtain enrollment information. There is, however, no guarantee that customers opting-
in at a later date will receive the same price as did the initial participants.
15. Reliability of Power Supply
The Program will only affect the generation source of power. ComEd will continue to
deliver power through their transmission and distribution systems. Responsibility for
maintaining system reliability continues to rest with ComEd. If members have service
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reliability problems, they should contact ComEd for repairs. The ICC has established
“Minimum Reliability Standards” for all utilities operating distribution systems in Illinois.
Customer outages, duration of outages, interruptions, etc., are monitored to ensure
reliability remains at satisfactory levels.
In addition to maintaining the “wires” system, ComEd is required to be the “Provider of
Last Resort.” This means, should the selected Supplier fail for an y reason to deliver
any or all of the electricity needed to serve the Members needs, ComEd will
immediately provide for the shortfall. ComEd would then bill the Supplier for the power
provided on their behalf. The Supplier cannot pass on the additional costs incurred to
the Members from charges by ComEd from performing services and supply as a last
resort.
16. Supplier Qualification Process
The City will conduct a qualifications process to identify Suppliers which are qualified to
provide electric power to the Program. Only Suppliers meeting strict criteria and
providing complete responses to the request for qualifications will be considered for the
firm pricing process. A summary of key qualifications criteria is provided below:
Certified by the Illinois Commerce Commission.
Registered with ComEd to do business in their service territory. Both the
certification and registration ensure that Suppliers possess the managerial,
technical, and financial competence to perform the services they offer.
Agree to sign the Master Service Agreement with the City as provided in the
request for qualifications documentation.
Demonstrate creditworthiness by possessing an investment grade long-term
bond rating from a major rating agency.
Submit a complete response to the request for qualifications including the
submission of references, completed certification forms, litigation history, detailed
scope of work, and company history and experience.
Pursuant to 20 ILCS 3855/1-92, Supplier shall:
Provide for universal access to all applicable residential customers and equitable
treatment of applicable residential customers.
Describe demand management and energy efficiency services to be provided to
each class of customers.
Meet any requirements established by law concerning aggregated service
offered pursuant to the 20 ILCS 3855/1-92.
The following factors will be evaluated for each Supplier that submits a proposal:
The qualifications of the Supplier to conduct a municipal aggregation based on
references, past experience, financial information and litigation information.
Rate and power mix.
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Willingness of Supplier to execute the proposed Master Agreement to Provide
Services to an Aggregated Group
Completeness of Proposal.
Proposed aggregation implementation plan.
Quality of customer service procedures and resources.
Suppliers which are found to be responsive and qualified will be notified as such and will
be formally invited to submit firm pricing following the adoption of this Plan.
17. Miscellaneous
The operation of the City’s Program may be impacted by any of the following:
Amendments to the Act
Federal Energy Regulatory Commission (FERC) tariffs that may be enacted or
amended from time to time.
Illinois Commerce Commission (ICC) rules and regulation as may be enacted or
amended from time to time.
ComEd tariffs as approved or amended from time to time by the ICC.
Federal, state, and local laws.
Rules, regulations, and orders approved or enacted by federal, state, or local
regulatory agencies.
The City will maintain a copy of this Plan of Operation and Governance on file at its
administrative office. This Plan will be kept available for public inspection. It will, upon
request, be copied for any existing or potential Member of the aggregation in
accordance with the City rules for copying public documents.
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For City Council meeting of April 28, 2014 Item A6
Resolution 24-R-14: Agreement with Cook County for GIS Data
For Action
To: Honorable Mayor and Members of the City Council
From: Marty Lyons, Assistant City Manager/Chief Financial Officer
Jose Calderon, Information Technology Manager
Mark Varner, GIS Analyst
Subject: Resolution 24-R-14 Authorizing the City of Evanston to Enter Into An
Agreement with the Cook County Assessor’s Office for Access to a
Geographic Information System
Date: April 16, 2014
Recommended Action:
Staff recommends that the City Council authorize the City Manager to sign an
agreement with the Cook County Assessor’s Office for access to GIS (Geographic
Information System) data.
Summary:
Information Technology receives an annual update of the Cook County Assessor’s
database along with other GIS data such as parcels, digital photographs of properties,
and aerial photography. This data is used to augment the City’s GIS database and
shows up in many of the web mapping applications as well as internal enterprise
systems. The Assessor requires a resolution along with the signed agreement.
-------------------------------------------------------------------------------------
Attachments:
Copy of Resolution 24-R-14
Memorandum
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4/16/14
24-R-14
A RESOLUTION
Authorizing the City of Evanston to Enter Into An
Agreement with the Cook County Assessor’s Office for Access to a
Geographic Information System
WHEREAS, the City of Evanston (“City”) has actively utilized a
Geographic Information System (“GIS”) since 1995; and
WHEREAS, access to GIS information facilitates efficient operation of City
services, thereby helping to provide improved customer service to City residents; and
WHEREAS, the Cook County Assessor’s Office has a GIS database it will
make available to the City at no charge; and
WHEREAS, the City and Cook County Assessor’s Office have negotiated
an Intergovernmental Agreement attached hereto as Exhibit A and incorporated herein
by reference.
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 sign, and the City
Clerk hereby authorized to attest, the Intergovernmental Agreement (“Agreement”)
between the City and the Cook County Assessor’s Office, attached hereto as Exhibit A
and incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Agreement as he may determine to be in the
best interests of the City.
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24-R-14
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SECTION 3: This Resolution 24-R-14 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: __________________, 2014
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24-R-14
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EXHIBIT A
Intergovernmental Agreement Between the City
and the Cook County Assessor’s Office
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AGREEMENT
FOR ACCESS TO GEOGRAPHIC INFORMATION SYSTEM
This AGREEMENT is entered into as of the ____ day of ____________, 20____, by and between
_________________________________________ (“Agency”) and the Cook County Assessor’s Office
(the “CCAO”).
WITNESSETH:
WHEREAS, the CCAO has developed a Geographic Information System (the “GIS”) consisting of
cadastral data, planimetric data, assessment data, property images, digital orthophotography (aerial
photos) and other data (collectively, such images, photos and data, “Assessor Data”);
WHEREAS, portions of the GIS, and the related data dictionary, are copyrighted materials of the
CCAO and/or Cook County of the State of Illinois (“Cook County”);
WHEREAS, some of the Assessor Data in the GIS is only available to the public and to commercial
users for a fee, as permitted by law;
WHEREAS, Agency has requested access to and license to use the GIS for use in performing its
official functions (as set forth below);
WHEREAS, the CCAO in the spirit of cooperation desires to make the GIS available, efficiently and
without charge, to Agency for use in performing its official functions; and
WHEREAS, Agency acknowledges and agrees that access to the GIS and/or Assessor Data is
conditioned upon the agreement that access is provided as set forth in this Agreement solely for use in
performing the official functions of the Agency, and that any other use, alteration, sale, dissemination,
lease or transfer of the GIS and/or Assessor Data by Agency, or by any employee or agent of same,
without written consent of the CCAO is strictly prohibited, and shall be deemed to warrant immediate
termination of this Agreement, as well as entitle the CCAO to pursue any other remedies to which it is
entitled.
NOW, THEREFORE, in consideration of the mutual promises and covenants and the terms and
conditions hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS.
The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth
herein.
SECTION 2. STATEMENT OF OFFICIAL PURPOSES; RESTRICTIONS ON USE.
For purposes of this Agreement, Agency represents and warrants as its official purpose for access to the
GIS and Assessor Data as stated in Exhibit A and incorporated herein. Agency agrees that access to the
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GIS and/or Assessor Data is conditioned upon and provided as set forth in this Agreement solely for its
use in performing its official purposes (as described in Exhibit A). Any other use of the GIS or
Assessor Data, without express written consent of the CCAO, is strictly prohibited, including the
display, sale, transfer, lease, dissemination or lease of the GIS or Assessor Data in any location or
manner in its current form, derivative or altered form, or otherwise. Any such prohibited use shall be
deemed to be a breach which warrants immediate termination of this Agreement. This Section shall
survive the termination of this Agreement.
SECTION 3. INFORMATION PROVIDED.
The CCAO agrees to provide Agency access to the GIS and Assessor Data only upon the conditions
and based upon the representations and warranties set forth in this Agreement. In order to obtain
specific Assessor Data, Agency must request Assessor Data by filing the attached exhibits with the
Department of Automation of the CCAO (each such request, an “Information Request”). Each
Information Request is subject to approval of the CCAO.
SECTION 4. LIMITED LICENSE TO USE.
Subject to the provisions of this Agreement, the CCAO hereby grants to Agency a non-exclusive, non-
transferable license to use the Assessor Data only as specifically provided for in this Agreement.
Agency acknowledges that the title, copyright and all other rights to the GIS and Assessor Data remain
with the CCAO and/or Cook County. Neither Agency nor any other authorized user shall have any
right, title or interest in the GIS or Assessor Data except as expressly described herein. The CCAO
reserves the right to withdraw from the GIS and/or Assessor Data any item or part of an item for which
it no longer retains ownership rights or which it has reasonable grounds to believe infringes copyright or
is unlawful or otherwise objectionable.
SECTION 5. TERM AND EXTENSION.
This Agreement is for one year, effective from the date of execution. It will be extended annually for
terms of one year each, unless, at least 30 days prior to the expiration of any term, either party notifies
the other in writing of its intent not to renew the Agreement.
SECTION 6. DISCLAIMER OF WARRANTIES.
The GIS and the Assessor Data is provided “as is” without any warranty or representation whatsoever,
including any representation as to accuracy, timeliness, completeness, infringement of rights of privacy,
copyright or trademark rights or disclosure of confidential information. All burdens, including any
burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the
appropriateness for use, rests solely on Agency and/or the requester. The CCAO and Cook County
make no warranties, express or implied, as to the use of the GIS. There are no implied warranties of
merchantability or fitness for a particular purpose. There is no warranty to update any of the
information provided hereunder. THE CCAO AND COOK COUNTY EXPRESSLY DISCLAIMS
ANY AND ALL REPRESENTATIONS OR WARRANTIES (EXPRESS OR IMPLIED, ORAL OR
WRITTEN) RELATING TO THE GIS AND/OR ASSESSOR DATA, INCLUDING BUT NOT
LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF QUALITY, PERFORMANCE,
ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
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PURPOSE. Agency acknowledges and accepts the limitations of the GIS and the Assessor Data,
including the fact that the GIS and Assessor Data are dynamic and are in a constant state of
maintenance, correction and update.
SECTION 7. LIMITATION OF LIABILITY.
AGENCY EXPRESSLY AGREES THAT NO MEMBER, OFFICIAL, EMPLOYEE,
REPRESENTATIVE OR AGENT OF THE CCAO OR COOK COUNTY, OR THEIR RESPECTIVE
SUCCESSORS, HEIRS OR ASSIGNS, SHALL BE LIABLE, WHETHER INDIVIDUALLY OR
PERSONALLY OR OTHERWISE, TO AGENCY OR ANY OTHER PERSON OR ENTITY, OR
THEIR RESPECTIVE SUCCESSORS, HEIRS OR ASSIGNS, FOR ANY LOSS OR CLAIM,
INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL DATA OR IN THE EVENT OF
ANY DEFAULT OR BREACH BY THE CCAO UNDER THIS AGREEMENT OR ANY
INACCURACY OF THE GIS OR ASSESSOR DATA, IN ANY WAY ARISING FROM OR
RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OR INABILITY TO USE
THE GIS AND/OR ANY ASSESSOR DATA.
SECTION 8. AGENCY INDEMNIFICATION.
Agency agrees to hold harmless and indemnify the CCAO and Cook County, its commissioners,
officers, agents, employees, representatives and affiliates, and their respective heirs, successors and
assigns, from and against, and defend, at its own expense (including reasonable attorneys’, accountants’
and consultants’ fees), any suit, claim, action or proceeding brought by any third party against the
CCAO, Cook County or any commissioner, officer, agent, employee, representative or affiliate of the
CCAO or Cook County arising out of or incident to the performance or nonperformance of this
Agreement by CCAO, Cook County, Agency or any other entity. To the extent that the CCAO or Cook
County incurs administrative expenses including attorneys’ fees during Agency’s defense of any claim,
Agency shall reimburse the CCAO or Cook County, as appropriate, for all such expenses. The
provisions of this Section shall survive the termination of this Agreement.
SECTION 9. APPLICABLE LAW.
This Agreement shall be interpreted and construed in accordance with, and governed by, the laws of the
State of Illinois, excluding any such laws that might direct the application of the laws of another
jurisdiction. Venue shall be in a court of competent jurisdiction located within the County of Cook,
Illinois. The CCAO and Agency each acknowledge the existence of state and other applicable law
defining the duties and responsibilities of each party regarding real estate taxation and other
governmental functions. No part of this Agreement has the effect of or is intended to impact any
applicable legal duty of either party under existing law, especially the Illinois Property Tax Code, 35
ILCS 200/1 et seq. Both parties remain responsible under applicable law for performing all stated
duties and responsibilities.
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SECTION 10. CONFIDENTIALITY.
Agency acknowledges and agrees that information regarding this Agreement, and portions of the GIS
and Assessor Data and other information disclosed hereunder, is confidential and shall not be disclosed,
directly, indirectly or by implication, or be used by Agency in any way, whether during the term of this
Agreement or any time thereafter, except solely in accordance with the official purposes set forth above.
All such Assessor Data and the GIS shall be treated in confidential manner, except as otherwise
expressly stated in a written document.
SECTION 11. MISCELLANEOUS.
(a) This Agreement constitutes the entire agreement between the parties and supersedes all prior
agreements, understandings, negotiations and discussions, whether oral or written, in relation to
the matters dealt with herein. There are no representations, warranties, collateral agreements or
conditions to this Agreement, except as expressly stated in this Agreement.
(b) The section headings are for reference and information purposes only, and shall not affect in any
way the meaning or interpretation of this Agreement. References to singular shall include the
plural and to plural shall include the singular. References to a person shall include a corporate
or government body. Words such as “including” and similar expressions shall not be read as
words of limitation.
* * * * * * * *
IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized
representatives as of the date first written above.
COOK COUNTY
ASSESSOR’S OFFICE
______________________________ ______________________________
Signature:
Chief Deputy Assessor ______________________________
Cook County Assessor’s Office Print Name
Title: _________________________
Agency Name: __________________
______________________________
Telephone Number:
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Exhibit A: Statement of Official Purpose
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6
Exhibit B: Assessment Data
__________________________________ (“Agency”) hereby requests access to assessment data in
accordance with the Agreement, dated _______________, between Agency and the Cook County
Assessor’s Office (the “CCAO”).
The CCAO has developed a file of assessment data, which is maintained on the Cook County
Mainframe. The CCAO will make the file of assessment data available to Agency, subject to the terms
and restrictions and limitations as set forth in the Agreement. A data dictionary is available upon
request.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
¨ Tax Codes: _________________________________
_________________________________
_________________________________
¨ Municipality: _________________________________
_________________________________
¨ Permanent Index Number range: Attach additional sheet if necessary
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
¨ Township: _________________________________
Requested by
Name: ____________________________________
Signature: ______________________________
Date: ____________________________________
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Exhibit C: Property Images
__________________________________ (“Agency”) hereby requests access to property images in
accordance with the Agreement, dated _______________, between Agency and the Cook County
Assessor’s Office (the “CCAO”).
The CCAO has developed a computerized database of property images. The CCAO will make this
computerized database of property images available to Agency in JPEG format, subject to the terms and
restrictions and limitations as set forth in the Agreement. In addition to the property images, the CCAO
will provide a file containing Permanent Index Number(s), property image capture date, and a list of
Permanent Index Number(s) that have no property image assigned. A data dictionary is available upon
request.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
¨ Permanent Index Number range: Attach additional sheet if necessary
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
¨ Municipality: _________________________________
¨ Year 1998 Photos
¨ Year 2007 Photos
Requested by
Name: ____________________________________
Signature: ______________________________
Date: ____________________________________
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Exhibit D: Digital Orthophotography (Aerial Photos)
__________________________________ (“Agency”) hereby requests access to digital
orthophotography (aerial photos) in accordance with the Agreement, dated _______________,
between Agency and the Cook County Assessor’s Office (the “CCAO”).
The CCAO has developed a computerized database of digital orthophotography (aerial photos). The
computerized database of digital orthophotography for Cook County contains 4,486 tiles. The CCAO
will make the computerized database of digital orthophotography available to Agency, subject to the
terms and restrictions and limitations as set forth in the Agreement. The digital orthophotgraphy will be
provided in .tif or .sid format. In addition to the digital orthophotography, the CCAO will provide a
shapefile containing an index of all the tiles for Cook County. Metadata is available upon request.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
¨ Municipality: _________________________________
¨ Township: _________________________________
¨ Year 1998 Photos
¨ Year 2003 Photos
Requested by
Name: ____________________________________
Signature: ______________________________
Date: ____________________________________
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Exhibit E: Planimetric data
__________________________________ (“Agency”) hereby requests access to planimetric data in
accordance with the Agreement, dated _______________, between Agency and the Cook County
Assessor’s Office (the “CCAO”).
The CCAO has developed a computerized database of geographic information system (GIS). This
computerized database consists of both planimetric data and cadastral data. The CCAO will make the
computerized database of planimetric data available to Agency, subject to the terms and restrictions and
limitations as set forth in the Agreement. The planimetric data is maintained using ESRI’s ArcGIS
software and is in a geodatabase format specific to ESRI’s product line. Metadata is available upon
request.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
¨ Permanent Index Number range: Attach additional sheet if necessary
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
¨ Municipality: _________________________________
¨ Township: _________________________________
Requested by
Name: ____________________________________
Signature: ______________________________
Date: ____________________________________
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Exhibit F: Cadastral data
__________________________________ (“Agency”) hereby requests access to cadastral data in
accordance with the Agreement, dated _______________, between Agency and the Cook County
Assessor’s Office (the “CCAO”).
The CCAO has developed a computerized database of geographic information system (GIS). This
computerized database consists of both planimetric data and cadastral data. The CCAO will make the
computerized database of cadastral data available to Agency, subject to the terms and restrictions and
limitations as set forth in the Agency Agreement. The cadastral data is maintained using ESRI’s
ArcGIS software and is in a geodatabase format specific to ESRI’s product line. Metadata is available
upon request.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
¨ Permanent Index Number range: Attach additional sheet if necessary
_________________________________
_________________________________
_________________________________
_________________________________
_________________________________
¨ Municipality: _________________________________
¨ Township: _________________________________
Requested by
Name: ____________________________________
Signature: ______________________________
Date: ____________________________________
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Exhibit G: Digital Terrain data
__________________________________ (“Agency”) hereby requests access to digital terrain data
in accordance with the Agreement, dated _______________, between Agency and the Cook County
Assessor’s Office (the “CCAO”).
The CCAO has developed a computerized database of geographic information system (GIS). This
computerized database includes digital terrain data. The CCAO will make the computerized database of
digital terrain data available to Agency, subject to the terms and restrictions and limitations as set forth
in the Agency Agreement.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
¨ Municipality: _________________________________
¨ Township: _________________________________
Requested by
Name: ____________________________________
Signature: ______________________________
Date: ____________________________________
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Exhibit H: Lidar data
__________________________________ (“Agency”) hereby requests access to lidar data in
accordance with the Agreement, dated _______________, between Agency and the Cook County
Assessor’s Office (the “CCAO”).
The CCAO has developed a computerized database of geographic information system (GIS). This
computerized database includes lidar data. The CCAO will make the computerized database of digital
terrain data available to Agency, subject to the terms and restrictions and limitations as set forth in the
Agency Agreement.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
¨ Municipality: _________________________________
¨ Township: _________________________________
Requested by
Name: ____________________________________
Signature: ______________________________
Date: ____________________________________
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Exhibit I: Oblique Aerial Imagery
__________________________________ (“Agency”) hereby requests access to oblique aerial
imagery in accordance with the Agreement, dated _______________, between Agency and the Cook
County Assessor’s Office (the “CCAO”).
The CCAO has developed a computerized database of geographic information system (GIS). This
computerized database includes Oblique Aerial Imagery data. The CCAO will make the computerized
database of Oblique Aerial Imagery data available to Agency, subject to the terms and restrictions and
limitations as set forth in the Agency Agreement.
Agency requests assessment data based on the following geographic area (select area by completing one
of the blanks below):
¨ Municipality: _________________________________
¨ Township: _________________________________
Requested by
Name: ____________________________________
Signature: ______________________________
Date: ____________________________________
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For the City Council Meeting of April 28, 2014 Item A7
Ordinance 60-O-14: Amending the City’s MWEBE/LEP Program
For Introduction
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Martin Lyons, Asst. City Manager/CFO
Subject: Ordinance 60-O-14 Amending the Minority, Women and Evanston Based
Employer (MWEBE), and Local Employment Programs (LEP)
Date: April 15, 2014
Recommended Action:
The MWEBE Committee and staff recommend consideration of an amendment to the
MWEBE/LEP revising the penalty section from a $100/per day to a 3.0% of total project
value penalty.
Funding Source:
N/A
Summary:
Over the past several months the MWEBE Committee has been reviewing the
performance of the LEP. Beginning in 2013 the City added an important component to
the program, an enforcement and administrative specialist dedicated to the monitoring
of contracts which fall within the parameters of the LEP. Over the past year, the City
has collected one fine of $9,000, and is in the process of enforcing other contracts,
which may also result in penalties.
As a result of these activities it is clear that a daily penalty of $100 per day may not be
sufficient in producing the desired increase in Evanston resident hiring for eligible
projects. The City is aware of one contractor that admitted that they had no intention of
complying with the LEP, and planned to pay the fine instead. As is clearly stated in the
attached ordinance, the goal of this program is to expand job opportunities to Evanston
residents and not to collect revenues from penalties. Unfortunately, as currently
structured, the penalty portion of this ordinance is less effective with larger contracts,
and contractors and subcontractors may choose to pay the penalty rather than go
through the effort of hiring local labor as defined in the program.
By changing the fine structure to a 3.0% amount of the entire contract in question, the
penalty increases as the size of the contract increases. The MWEBE Committee
Memorandum
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examined other changes to the penalty section of the ordinance, including a higher
percentage fee. After careful consideration, the 3.0% penalty level was chosen as a
first/next step to modify the penalty with the hope of improving compliance without
reducing the number of bidders and the competitiveness of submitted bids. Because
the program has had a limited number of non-compliance events, this change is not
based on a revenue analysis from penalties paid, and is based more on a desire to
address all projects, regardless of size through a straightforward compliance effort with
a simple penalty provision. Attached is a worksheet showing the current penalty history
and the impact of the fee change.
The Committee will monitor this ordinance change, if approved by the Council, and will
provide an update in 2015 regarding the impact of this change.
-------------------------------------------------------------------------------------
Attachments:
Ordinance 60-O-14
April 23, 2014 Memo from City Manager
2013 LEP Violator List
April 18, 2014 Memo from Assistant City Manager regarding 5% Local Preference Rule
Page 2 of 2
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4/20/14
60-0-14
AN ORDINANCE
Amending Title 1, “General Administration,”
Chapter 17, “Purchase, Sale, and Lease of Real and Personal City
Property,” Section 1, “Purchase of Goods or Services,” of the
Evanston City Code by Amending Subsection 1-17-1(C) of the
Evanston City Code, “Local Employment Program”,
and Adding Subsection 1-17-1(D),
“Minority, Women and Evanston Business Enterprise (M/W/EBE) Goals”
WHEREAS, the City of Evanston declares that its public policy is to
promote and encourage the continuing economic development of Minority, Women
and Evanston owned and operated businesses in the City’s procurement process as
to both prime contractors and subcontractors;
WHEREAS, the City expends millions of dollars on public works project
contracts each year; and
WHEREAS, a large percentage of these contracts are with non-Evanston
based businesses or with businesses employing non-Evanston residents; and
WHEREAS, the City Council determined that it is in the best interests of
the City to implement a local hiring requirement which obligates construction
contractors contracting with the City to employ Evanston residents for a certain
number of hours during the contracted project; and
WHEREAS, it is the policy of the City of Evanston to create job
opportunities for low to moderate income Evanston residents,
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WHEREAS, through its bidding specifications, the City of Evanston
previously established a goal of awarding not less than twenty-five percent (25%) of its
contract awards to Minority, Women and Evanston owned businesses and strongly
encouraged a minimum three percent (3%) utilization of Evanston owned businesses
in its contract awards, and the City of Evanston now seeks to codify those goals
herein;
WHEREAS, the City of Evanston seeks to increase its local tax base and
promote employment and business opportunity for its local businesses through
encouraging the use of Evanston owned businesses in the procurement process;
WHEREAS, it is the public policy of the City of Evanston to prevent
discrimination on the basis of race, ethnicity or gender in the award or participation in
City contracts and to eliminate discriminatory barriers so as to assure full and
equitable opportunities for participation in contracts for all businesses;
WHEREAS, the City of Evanston continues to have a compelling interest
in remedying discrimination in the Evanston market, and that the measures remain
narrowly tailored to achieve that objective;
WHEREAS, the City of Evanston will continue race and gender neutral
measures to broaden access and opportunity to all qualified businesses; and
WHEREAS, the goals adopted herein will be periodically reviewed to
ensure the City of Evanston is compliant with all applicable laws in seeking its
objectives;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
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SECTION 1: That the foregoing recitals are found as fact and
incorporated herein by reference.
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 local
employment programLocal 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
programLocal Employment Program in which the business development
coordinatorBusiness 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
development coordinatorBusiness 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
programLocal Employment Program.
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ON SITE MONITORING: The business development coordinatorBusiness Development
Coordinator's act of visiting the site of a public works project to ensure compliance with
the requirements of the local employment programLocal Employment Program.
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 programLocal 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 programLocal Employment Program.
SUBCONTRACT: A contract that exists between the general contractor and a
subcontractor or between subcontractors of any tier.
SUBCON-TRACTOR: 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 programLocal 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
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contractor shall ensure that subcontractors comply with the requirements of the
local employment programLocal 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.
d. Requirements of the local employment programLocal 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 programLocal 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 programLocal
Employment Program. Contracts and bid documents shall require bidders, contractors
and subcontractors to maintain records necessary for monitoring their compliance with
the local employment programLocal Employment Program.
4. Automatic Review: This subsection (C) shall be reviewed to address
any deficiencies on or about December 31, 2010.
5. Waiver:
a. The contractor may request that the business development
coordinatorBusiness Development Coordinator waive all or a portion of the
requirements imposed under the local employment programLocal Employment
Program. Such requests must be in writing and must be received by the business
development coordinatorBusiness 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 development coordinatorBusiness
Development Coordinator demonstrating that:
a) The contractor utilized the local resident database to attempt
to satisfy the local employment programLocal Employment Program hiring
requirement.
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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
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 development
coordinatorBusiness Development Coordinator in order to evaluate the
waiver request.
b. The business development coordinatorBusiness 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.
c. If circumstances arise subsequent to the issuance of the contract, the
results of which the contractor believes will prevent satisfying the local
employment programLocal Employment Program requirements, the contractor
will immediately notify the business development coordinatorBusiness
Development Coordinator by requesting in writing a waiver of the percentage that
cannot be met. The business development coordinatorBusiness 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.
6. Local Resident SelectionDatabase: 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 Llocal eEmployment pProgram, 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
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hall, the contractor shall contact the business development coordinatorBusiness
Development Coordinator or his or her designee to request an available Evanston
resident. The business development coordinatorBusiness 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 business development
coordinatorBusiness 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 lLocal
eEmployment Pprogram, contractors working in the absence of a collective bargaining
agreement shall contact the business development coordinatorBusiness Development
Coordinator or his or her designee to request an available Evanston resident from the
local resident database. The business development coordinatorBusiness 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.
7. Reporting Requirements: The contractor shall submit reports as required
by the city in order to comply with the Llocal eEmployment pProgram. 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 Llocal eEmployment pProgram 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.
8. Monitoring: The business development coordinatorBusiness
Development Coordinator or his or her designee will monitor compliance with the
requirements of the Llocal Eemployment pProgram 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 development coordinatorBusiness
Development Coordinator.
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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.
9. Post-Award Meeting: At its discretion, the business development
coordinatorBusiness Development Coordinator or his or her designee may require the
contractor to attend a post-award meeting to familiarize the contractor with the Llocal
eEmployment Pprogram 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.
10. 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 three percent (3.0%)
of the approved project price intotal. Contractors or subcontractors that are out of
compliance due to a resident termination or resignation, the contractor or subcontractor
shall immediately notify the business development coordinatorBusiness 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 development
coordinatorBusiness Development Coordinator of this occurrence, the offending party
will also be subject to a penalty up to three percent (3.0%) of the approved project
price.be fined one hundred dollars ($100.00) per day for each day of noncompliance to
be deducted from final payment on the contract. If the noncompliant contractor makes a
good faith effort to replace the resident, the fine will may be waived.
At the sole discretion of the City, a contractor or subcontractor that has violated the
terms of the Local Employment Program more than one time within a five-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.
SECTION 3: That Title 1, Chapter 17, Section 1, of the Evanston City Code of
1979, as amended, is hereby further amended by adding a new Subsection (D),
“Minority, Women and Evanston Business Enterprise (M/W/EBE) Goals,” to read as
follows:
(D) Minority, Women, and Evanston Business Enterprise M/W/EBE) Goals:
1. Definitions: For the purposes of this Subsection (D), Minority, Women
and Evanston Business Enterprise (M/W/EBE) Goals, the following terms shall be
defined as follows:
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EVANSTON-OWNED BUSINESS ENTERPRISE or EBE: An entity which is located in
or has one or more offices located in the City for a minimum of one year and which
performs a “commercially useful function.” The business must be certified by the City
in accordance with the provisions of Section 1-17-1(B).
MINORITY-OWNED BUSINESS ENTERPRISE or MBE: A business which is at least
fifty-one percent (51%) owned by one or more members of one or more minority
groups, or, in the case of a publicly-held corporation, at least fifty-one percent (51%)
of the stock of which is owned by one or more members of one or more minority
groups, whose management and daily operations are controlled by one or more
members of one or more minority groups. The City managerManager or his or her
designee shall determine which MBE certifications shall be accepted by the City.
WOMEN-OWNED BUSINESS ENTERPRISE or WBE: A business which is at least
fifty-one percent (51%) owned by one or more women, or, in the case of a publicly-
held corporation, fifty-one percent (51%) of the stock of which is owned by one or
more women, whose management and daily business operations are controlled by
one or more women. The City Mmanager or his or her designee shall determine
which WBE certifications shall be accepted by the City.
M/W/EBE Goals: The City of Evanston establishes the goal of awarding not less than
twenty-five percent (25%) of its contract awards to MBE, WBE and EBE businesses.
The City of Evanston establishes the goal of awarding not less than three percent
(3%) utilization of EBEs in its contract awards. The provisions of this ordinance shall be
implemented by the City Manager or his or her designee. The provisions of this
ordinance do not guarantee contract participation.
SECTION 4: That nothing in this Ordinance shall be construed to
contravene any state or federal law and the provisions of this Ordinance shall not
apply in circumstances when it is determined by the federal government or a court of
competent jurisdiction that its application would violate federal law or regulation or
prevent the City of Evanston’s receipt of federal funds.
SECTION 5: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 6: That if any provision of this Ordinance 60-O-14 or
application thereof to any person or circumstance is held unconstitutional or otherwise
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invalid, such invalidity shall not affect other provisions or applications of this
Ordinance that can be given effect without the invalid application or provision, and
each invalid provision or invalid application of this Ordinance is severable.
SECTION 7: That this Ordinance 60-O-14 shall be in full force and effect
from and after its passage, approval and publication in the manner provided by law.
Introduced:_________________, 2014
Adopted:___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, Corporation Counsel
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To: Honorable Mayor and Members of the City Council
From: Wally Bobkiewicz, City Manager
Subject: MWEBE/Local Employment Program Ordinance Change
Date: April 23, 2014
During the last couple of years, the City has stepped up the enforcement of the Local
Employment Program (LEP) by hiring a contractual employee to monitor and analyze
eligible projects and the payroll that falls under the LEP. The MWEBE Committee and
Administrative Services staff have done an excellent job in improving the awareness of
the LEP by holding public seminars on our MWEBE/LEP programs for both employers
and employees in Evanston.
One of the results of the increased review of the LEP program is a recognition that the
current $100/per payroll day penalty may not be a deterrent to companies that violate
the program by not hiring Evanston residents. Specifically, this review found that some
companies are choosing to ignore the program, noting that it is simply easier to pay the
fine than to comply. As noted in the memo to Council for April 28, 2014, approximately
$20,000 is anticipated to be collected via the current fine mechanism, some of which is
coming from companies that have ignored the ordinance after receiving bid approval by
the City Council.
The MWEBE Committee has rightly assessed that this behavior cannot be accepted
and that continued education as well as potential changes to the ordinance should be
considered. Changing the fine structure from $100/payroll day to a 3.0% of total project
cost method, as noted in the April 28, 2014 report, would result in an increase of
potential penalties from the $20,000 currently expected to over $211,000 assuming the
same violations.
After discussing this proposal with our Capital Improvements Team, I am concerned
that this increase in penalties may have negative impacts to the City’s ability to attract
competitive bids and increase City costs for our $40 million capital program.
I am requesting that the City Council defer action on the request from the MWEBE
Committee until staff has an opportunity to further evaluate potential impacts of the
proposal and that issue be referred to Human Services Committee for discussion at its
June meeting.
Memorandum
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2013 LEP Violators List / Status (April 2014)
Contractor
Total Bid Amt.
Sliding Penalty Scale
1-3 % of Total Bid Amt.
Amt of
Penalty Days
Actual
Penalty
Amt. Issued
INSITUFORM (12-153) $596,615.20 $5,966.15 $11,932.30 $17,898.46 30 $3,000.00
SAK CONST (13-09) $293,723.00 $2,937.23 $5,874.46 $8,811.69 20 $2,000.00
QUALITY REST (13-17) $274,100.00 $2,741.00 $5,482.00 $8,223.00 25 $2,500.00*
BOLDER CONST (13-36) $2,648,200.00 $26,482.00 $52,964.00 $79,446.00 90 $9,000.00
CHICAGOLND PVG (13-37) $419,900.00 $4,199.00 $8,398.00 $12,597.00 - -
CHICAGOLND PVG (13-50) $2,299,905.00 $22,999.00 $45,998.10 $68,997.15 - -
ELANAR CONST (13-39) $255,400.00 $2,554.00 $5,108.00 $7,662.00 41 $4,100.00*
F.E. MORAN $268,000.00 $2,680.00 $5,360.00 $8,040.00 - -
Total Estimate/Actual Amts $7,055,843.20 $70,558.38 $141,116.86 $211,675.30 206 $20,600.00
Amount not collected yet*
City of Evanston 42.8% compliant for 2013 Construction Projects
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To: Administration and Public Works Committee
From: Martin Lyons, Asst. City Manager/CFO
Subject: Referral by Alderman Rainey to MWEBE Committee on 5% local
preference rule.
Date: April 18, 2014
At a previous City Council meeting Alderman Rainey made a reference to the Minority,
Women and Evanston Based Employer (MWEBE) Committee to review the 5.0%
incentive granted to Evanston based businesses when competing in bids, RFPs and/or
quotes. The concern over the current rule was that it represented a significant
advantage as contracts become larger ($50,000 on a $1.0 million contract as an
example).
After reviewing the rule, the MWEBE Committee elected not to recommend a change to
the current structure. Alderman Braithwaite, the Committee Chair will also be available
to discuss.
Memorandum
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For City Council Meeting of April 28, 2014 Item A8
Ordinance 37-O-14: Amending Parking Schedules for Howard St & Custer Ave
For Introduction
To: Honorable Mayor and Members of the City Council
Members of the Administration & Public Works Committee
From: Martin Lyons, Assistant City Manager/CFO
Rickey A. Voss, Parking/Revenue Manager
Subject: Ordinance 37-O-14, Approval to amend Title 10, Motor Vehicles and
Traffic, Chapter 11, Traffic Schedules, Section 12, Schedules XII (C) and
adding Subsection 10-11-12 (J), Schedule XII (J) to include two hour and
four hour Parking Limits.
Date: March 31, 2014
Recommended Action:
The Transportation/Parking Committee and staff recommend that the City Council
consider amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules,
Section 12, Schedules XII (C) and adding Subsection 10-11-12 (J), Schedule XII (J) to
include two hour and four hour Parking Limits.
Summary:
The success of businesses located on the north side of Howard Street and on Custer
Avenue is partially based on adequate metered parking for patrons. The parking meters
on the north side of Howard Street and on Custer Avenue from Howard Street north to
the alley have been regulated between the hours of 9:00 A.M. and 6:00 P.M., whereas
the parking meters located on the south side of the street in the City of Chicago are
regulated from 8:00 A.M. to 10:00 P.M. Reports from staff and others indicate that after
6:00 P.M. cars from the south side of the street move to the north side to take
advantage of the “free” parking, thereby occupying parking designed for patrons of
Howard Street businesses.
The amendment provides relief from the practice by incorporating City of Evanston
regulated parking meter hours on Howard Street and Custer Avenue similar to those of
our neighbors to the south. The parking meter hours would be effective from 8:00 A.M
until 9:00 P.M. The same two hour time limit would be in place from 8:00 A.M to 5:00
P.M. To better serve the patrons on Howard Street, the meters would be programmed
to allow payment of the parking meter up to four hours from 5:00 P.M. until 9:00 P.M.
without penalty. The current parking rate of $.75 per hour will remain.
The Transportation/Parking Committee recommended approval at the March 26, 2014
meeting.
Memorandum
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Attachment
Ordinance 37-O-14
2
219 of 446
3/12/2014
37-O-14
AN ORDINANCE
Amending City Code Section 10-11-12, Schedule XII (C),
And Adding Subsection 10-11-12 (J), Schedule XII (J)
To Include Two Hour and Four Hour Parking Limits
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: That Section 10-11-12, Schedule XII (C) of the Evanston City
Code of 2012, as amended, which limits parking on certain City streets to two (2)-hour
periods between 9:00 a.m. and 6:00 p.m. on days other than Sundays and national
holidays, is hereby further amended to remove the following:
Howard Street North Clyde Avenue to Ridge Avenue
Custer Avenue Both Howard Street to alley north of Howard
SECTION 2: That Section 10-11-12 of the Evanston City Code of 2012, is
hereby amended to add Subsection (J), Schedule XII (J) as follows:
(J) Two (2) hour maximum parking limit at a rate of seventy-five cents ($0.75) per hour,
between the hours of eight o’clock (8:00) A.M. to five o’clock (5:00) P.M. and four (4)
hour maximum parking limit at a rate of seventy-five cents ($0.75) per hour, between
the hours of five o’clock (5:00) P.M. to nine o’clock (9:00) P.M.
SCHEDULE XII (J)
Street Name Side of Street Block or Blocks
Howard Street North Clyde Avenue to Ridge
Avenue
Custer Avenue Both Howard Street to alley north
of Howard
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SECTION 3: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Complied Statues and the courts of the State of Illinois.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 5: If any provision of this ordinance or application thereof to any
person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall
not affect other provisions or applications of this ordinance that can be given effect without
the invalid application or provision, and each invalid provision or invalid application of this
ordinance is severable.
SECTION 6: This ordinance shall be in full force and effect from and after its
passage, approval and publication in the manner provided by law.
Introduced:_________________, 2014
Adopted:___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
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For City Council Meeting of April 28, 2014 Item A9
Ordinance 38-O-14: Residential Parking on Greenwood St.
For Introduction
To: Honorable Mayor and Members of the City Council
Members of the Administration & Public Works Committee
From: Martin Lyons, Assistant City Manager/CFO
Rickey A. Voss, Parking/Revenue Manager
Subject: Ordinance 38-O-14, Amending Title 10, Motor Vehicles and Traffic,
Chapter 11, Traffic Schedules, Section 12, Schedule X (F) 1: Residential
Exemption Parking District B.
Date: March 31, 2014
Recommended Action:
The Transportation/Parking Committee and staff recommend that the City Council
consider amending Title 10, Motor Vehicles and Traffic, Chapter 11, Traffic Schedules,
Section 12, Schedule X (F) 1: Residential Exemption Parking District B.
Summary:
During recent months, residents have reported that parking during street cleaning
season has been difficult in the 400 block of Greenwood Street. Residents indicate
difficulty to find parking as the street is split by two Residential Exemption Parking
Districts. District C is located on the south side of Greenwood Street from Chicago
Avenue to Forest Avenue. District B was to be located on the north side of Greenwood
Street from Hinman Avenue to Forest Avenue. However, when the ordinance was
amended in 1989 it inadvertently listed the District B restriction as located on the south
side of the street, which is already covered under the District C permit district.
The amendment simply corrects the error and codifies the intent of the ordinance to
include in the Residential Exemption Parking District B, Greenwood Street, Hinman
Avenue to Forest Avenue, on the north side. Identical signs will be installed on the north
side of Greenwood Street as are posted on the south side, which allows parking by
permit holders of both districts.
The Transportation/Parking Committee recommended approval at the March 26, 2014
meeting.
---------------------------------------------------------------------
Attachment
Ordinance 38-O-14
Memorandum
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3/14/2014
38-O-14
AN ORDINANCE
Amending City Code Section 10-11-10, Schedule X (F) 1,
To Amend Portions of Greenwood Street Designated as
Residential Exemption Parking District B
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: That Section 10-11-10, Schedule X (F) 1 of the Evanston City
Code of 2012, as amended , which allows vehicles displaying a current residential
exemption parking permit for a designated district to park for a period exceeding the posted
time limit without penalty on a particular street within the designated district, is hereby
further amended to remove the following:
Greenwood Street
(Ord. No. 26-O-89)
Hinman Avenue to Judson Avenue, south side
Greenwood Street
(Ord. No. 105-O-89)
Judson Avenue to Forest Avenue, south side
SECTION 2: That Section 10-11-10, Schedule X (F) 1 of the Evanston City
Code of 2012, as amended , which allows vehicles displaying a current residential
exemption parking permit for a designated district to park for a period exceeding the posted
time limit without penalty on a particular street within the designated district, is hereby
further amended to include the following:
Greenwood Street Hinman Avenue to Forest Avenue, north side
SECTION 3: The findings and recitals contained herein are declared to be
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prima facie evidence of the law of the City and shall be received in evidence as provided by
the Illinois Complied Statues and the courts of the State of Illinois.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 5: If any provision of this ordinance or application thereof to any
person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall
not affect other provisions or applications of this ordinance that can be given effect without
the invalid application or provision, and each invalid provision or invalid application of this
ordinance is severable.
SECTION 6: This ordinance shall be in full force and effect from and after its
passage, approval and publication in the manner provided by law.
Introduced:_________________, 2014
Adopted:___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
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For the City Council Meeting of April 28, 2014 Item A10
Ordinance 51-O-14: Chiaravalle Bonds
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Subject: Ordinance 51-O-14, Approving and Authorizing Revenue Bonds and
Related Matters Thereto (Chiaravalle Conduit Financing)
Date: April 1, 2014
Recommended Action:
Staff recommends approval of the ordinance as introduced for purposes of final action
on April 28, 2014. This ordinance was introduced at the April 8, 2014 City Council
meeting.
Funding Source:
The City will not incur a liability to repay this debt in the event of a default by
Chiaravalle. This debt does not appear in the City’s financial balance sheet, but does
appear as a note in our financial statements. Section 2 of the Ordinance outlines the
fact the bonds are not an indebtedness or obligation of the City, and no owner of the
Bonds has the right to compel the City to tax for payment of the Bonds.
Summary:
Chiaravalle has requested the City act as the conduit financing authority for their debt
issuance as a part of the expansion of their renovations originally started with the City’s
initial conduit debt issuance in April 2010 and the original report to Council is attached
for reference. The major purpose of this borrowing is to provide additional renovation
funding for the School. We have worked with bond counsel to create the necessary
bond ordinance, and are reviewing the required legal documents necessary for the
issuance. The City is hiring Chapman and Cutler for this additional debt offering and is
assessing a .25% interest rate charge on the issuance to cover the cost of our Bond
Counsel.
Attachments:
Copy of Ordinance 51-O-14
Memo from Assistant City Manager/CFO 2014
Copy of April 13, 2010 Agenda Item for Chiaravalle Conduit Financing
Memorandum
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ORDINANCE NO. 51-O-14
AN ORDINANCE APPROVING AND AUTHORIZING THE
ISSUANCE AND SALE OF NOT TO EXCEED $4,550,000
AGGREGATE PRINCIPAL AMOUNT OF REVENUE
REFUNDING BONDS, SERIES 2014A (CHIARAVALLE
MONTESSORI SCHOOL) AND $2,930,000 AGGREGATE
PRINCIPAL AMOUNT OF REVENUE BONDS, SERIES 2014B
(CHIARAVALLE MONTESSORI SCHOOL) OF THE CITY OF
EVANSTON, ILLINOIS; THE EXECUTION OF A BOND AND
LOAN AGREEMENT AND OTHER DOCUMENTS RELATED
THERETO; AUTHORIZING THE SALE OF SAID BONDS TO
THE PURCHASER THEREOF; AND RELATED MATTERS
THERETO.
WHEREAS, pursuant to the provisions of Section 6(a) of Article VII of the 1970
Constitution of the State of Illinois, the City of Evanston, Illinois (the “City”), a municipality and home
rule unit of the State of Illinois (the “State”), is authorized and empowered to exercise any power or
perform any function pertaining to its government or affairs, including the issuance of revenue bonds to
finance projects within the territorial limits of the City or to refund bonds issued to finance said projects,
and may authorize the issuance of such revenue bonds by ordinance adopted by the City Council of the
City.
WHEREAS, Chiaravalle Montessori School, an Illinois not for profit corporation (the
“Borrower”), has requested that the City Council of the City approve the issuance by the City of two
series of qualified 501(c)(3) revenue bonds under Section 145 of the Internal Revenue Code of 1986, as
amended (the “Code”), the proceeds of which bonds will be used, together with other available funds to
(i) refund the City of Evanston Revenue Bonds, Series 2010 (Chiaravalle Montessori School Project) (the
“Prior Bonds”), the proceeds of which were used to finance the acquisition of land at 425 Dempster Street
and an existing school facility then owned by the City and previously leased and operated by the
Borrower (the “School Facility”) as well as renovations and improvements to the School Facility, (ii)
finance or refinance, or reimburse itself for, the cost of further renovation, exterior and interior expansion,
improvement and equipping of the School Facility (collectively, the “Project”), (iii) fund certain working
capital, and (iv) pay certain costs incurred in connection with the issuance of the Bonds and the refunding
of the Prior Bonds (collectively, the “Financing Purposes”).
WHEREAS, in 2010 when the City approved the issuance of Prior Bonds, the City
designated the Prior Bonds as “qualified tax–exempt obligations” as defined in Section 265(b)(3)(B) of
the Code
WHEREAS, the City wishes to provide financing to the Borrower for the foregoing
purposes through the issuance and sale of its Revenue Refunding Bonds, Series 2014 (Chiaravalle
Montessori School) (the “Series 2014A Bonds) and its Revenue Bonds, Series 2014B (Chiaravalle
Montessori School) (the “Series 2014B Bonds” and collectively with the Series 2014A Bonds, the
“Bonds”) to be issued pursuant to a Bond and Loan Agreement (the “Loan Agreement”) by and among
the City, the Borrower and MB Financial Bank, N.A., as the initial lender and purchaser of the Bonds (the
“Purchaser”), and in accordance with this Ordinance authorizing the issuance of the Bonds.
WHEREAS, the proposed form of the Loan Agreement has been prepared and is on file
with the City Treasurer.
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WHEREAS, the financing of the Financing Purposes described above will be beneficial
economically to the Borrower and will enable the Borrower to offer more of its services to the City’s
residents thereby promoting the well being of the residents of the City and will enhance the quality of life
of the residents of the City and therefore is for a proper public purpose;
WHEREAS, the Bonds shall be special, limited obligations of the City, payable solely
from the revenues and income pursuant to the Loan Agreement, and the Bonds shall not constitute an
indebtedness or obligation of the City, the State or any political subdivision thereof or a loan of credit of
any of them, within the meaning of any constitutional or statutory provision, or a charge against the
general credit or taxing powers, if any of the City, the State or any political subdivision thereof; and no
holder of any Bond shall have the right to compel any exercise of the taxing power of the City, the State
or any political subdivision thereof, to pay the principal of the Bonds or the interest or premium, if any,
thereon;
WHEREAS, the Borrower has requested the City to sell the Bonds on a negotiated basis
to the Purchaser;
WHEREAS, pursuant to the provisions of Section 147(f) of the Code , a public hearing
on the proposed plan of refunding the Prior Bonds and financing the Project and the issuance of the
Bonds was held by the Mayor and the City Council on April 8, 2014, pursuant to notice published at least
14 days prior to such public hearing in the Chicago Sun-Times and The Evanston Review, each a
newspaper of general circulation in the City, on March 18, 2014 and March 20, 2014, respectively; and
WHEREAS, the funding of the Financing Purposes through the issuance of the Bonds
and entering into the transactions contemplated by this Ordinance is for a proper public purpose of the
City, pertains to the affairs of the City and is in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Evanston, Illinois, as follows:
Section 1. All of the recitals contained in the preambles to this Ordinance are true,
correct and complete and are hereby incorporated by reference thereto and are made a part hereof.
Section 2. The Financing Purposes are hereby authorized and determined to be in
the public interest and in furtherance of the public purposes of the City.
In order to provide for the Financing Purposes, there shall be and there is hereby
authorized to be issued by the City two series of bonds: (i) its Series 2014A Bonds to be dated the date of
its issuance, in the aggregate principal amount not to exceed $4,550,000; and (ii), its Series 2014B Bonds
in the maximum aggregate principal amount of $2,930,000 to be dated the dates of authentication thereof.
The Bonds shall initially bear interest at variable interest rates determined as provided in
the Loan Agreement; the Bonds shall be dated and executed in the manner set forth in the Loan
Agreement; shall bear interest from their date on the unpaid principal thereof at rates not exceeding 15%
per annum; shall mature no later than November 1, 2041; and shall be subject to redemption and tender
prior to maturity at the times, under the circumstances, in the manner and at the redemption prices or
purchase prices set forth in the Loan Agreement, as executed and delivered.
The Bonds are issued in the exercise of the City’s powers as a home rule unit of
government under the provisions of Article VII, Section 6(a) of the 1970 Constitution of the State of
Illinois and this Ordinance, and do not and shall never constitute an indebtedness or obligation of the
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City, the State or any political subdivision thereof or a loan of credit of any of them, within the meaning
of any constitutional or statutory provision, or a charge against the general credit or taxing powers, if any,
of the State, the City, or any other political subdivision thereof. The Bonds are special, limited
obligations of the City, payable solely out of the revenues and income of the City derived pursuant to the
Loan Agreement. No owner of the Bonds shall have the right to compel any exercise of the taxing power
of the City, the State or any other political subdivision thereof, to pay the principal of the Bonds or the
interest or premium, if any, thereon.
No recourse shall be had for the payment of the principal of, premium, if any, or the
interest on the Bonds or for any claim based thereon or upon any obligation, covenant or agreement in the
Loan Agreement against any past, present or future member, officer, alderman, agent, employee or
official of the City. No covenant, stipulation, promise, agreement or obligation contained in the Bonds,
the Loan Agreement or any other document executed in connection therewith shall be deemed to be the
covenant, stipulation, promise, agreement or obligation of any present or future official, officer, alderman,
agent or employee of the City in his or her individual capacity and neither any official of the City nor any
officers executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability
or accountability by reason of the issuance of the Bonds.
Section 3. The Bonds shall be executed on behalf of the City with the official
manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of
its City Clerk and shall have printed thereon a facsimile of its official seal or impressed thereon manually
its official seal. In case any officer who shall have signed (whether manually or in facsimile) any of the
Bonds shall cease to be such officer of the City before the Bonds have been delivered or sold, such Bonds
with the signatures thereto affixed may nevertheless be delivered and may be sold by the City as though
the person or persons who signed such Bonds had remained in office.
Section 4. The form, terms and provisions of the Loan Agreement and the Tax
Compliance Agreement dated the date of delivery of the Bonds (the “Tax Compliance Agreement”),
between the City and the Borrower, are hereby in all respects approved, and the Mayor is hereby
authorized, empowered and directed to execute and deliver the Loan Agreement and the Tax Compliance
Agreement in the name and on behalf of the City. The Loan Agreement, as executed and delivered, shall
be in substantially the form now on file with the City Treasurer and hereby approved, or with such
changes therein as shall be approved by the officer of the City executing the same, and the Tax
Compliance Agreement, as executed and delivered, shall be in substantially the form approved by Bond
Counsel. Execution of the Loan Agreement and the Tax Compliance Agreement shall constitute
conclusive evidence of such officer’s approval of any and all changes or revisions therein from the form
of the Loan Agreement now before this meeting and of the approval of the Tax Compliance Agreement
provided by Bond Counsel; and from and after the execution and delivery of the Loan Agreement and the
Tax Compliance Agreement, the officers, agents and employees of the City are hereby authorized,
empowered and directed to do all such acts and things and to execute and approve all such documents as
may be necessary to carry out the intent and accomplish the purposes of this Ordinance and the Loan
Agreement, including the approval of a mortgage or other security interests granted by the Borrower to
secure the Bonds, and to comply with and make effective the provisions of the Loan Agreement and the
Tax Compliance Agreement, as executed.
Section 5. The sale of the Bonds to the Purchaser at a price equal to no less than
98% of the principal amount thereof, is hereby authorized and approved.
Section 6. From and after the execution and delivery of the foregoing documents,
the proper officials, agents and employees of the City are hereby authorized, empowered and directed to
do all such acts and things and to execute all such documents, including a Letter of Representations with
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The Depository Trust Company, as may be necessary to carry out and comply with the provisions of said
documents as executed, and to further the purposes and intent of this Ordinance, including the preambles
hereto.
Section 7. Pursuant to Section 265(b)(3)(D)(i) of the previously defined Code, the
City may issue not more than $10,000,000 of bonds it designates as “qualified tax-exempt obligations”.
In addition to bonds designated as “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(D)(i)
of the Code, certain bonds may be “deemed” designated as “qualified tax-exempt obligations” if such
bonds meet the requirements of Section 265(b)(3)(D)(ii) of the Code. For purposes of this Section, the
term “tax-exempt obligations” includes “governmental use bonds” and “qualified 501(c)(3) bonds” (as
defined in Section 145 of the Code) but does not include other “private activity bonds” (as defined in
Section 141 of the Code). Since the proceeds of the Series 2014A Bonds are being used to currently
refund the previously described Prior Bonds and the Series 2014A Bonds meet the other requirements of
Section 265(b)(3)(D)(ii) of the Code, the Series 2014A Bonds are deemed designated as “qualified tax-
exempt obligations” pursuant to Section 265(b)(3)(D)(ii) of the Code.
Section 8. The Mayor and the City Council hereby acknowledge that a Public
Hearing was held on April 8, 2014 and hereby approves the previously defined Project, the plan of
financing, the previously defined Financing Purposes and the issuance of the Bonds.
Section 9. All acts and doings of the officials of the City that are in conformity with
the purposes and intent of this Ordinance and in furtherance of the issuance of the Bonds be, and the same
are hereby in all respects, approved and confirmed.
Section 10. The provisions of this Ordinance are hereby declared to be separable and
if any section, phrase or provision shall for any reason be declared by a court of competent jurisdiction to
be invalid or unenforceable, such declaration shall not affect the validity or enforceability of the
remainder of the sections, phrases and provisions hereof.
Section 11. All ordinances, orders and resolutions and parts thereof in conflict
herewith are to the extent of such conflict hereby repealed.
Section 12. A copy of this Ordinance shall be filed in the office of the City Clerk and
shall be made available for public inspection in the manner required by law.
Section 13. This Ordinance shall become effective upon its passage and approval.
Approved and adopted this 28th day of April, 2014.
Council member ____________ moved, seconded by Council member __________ that
Ordinance No. _____ be adopted.
ADOPTED this 28th day of April, 2014.
Ayes:
Nays:
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APPROVED this 28th day of April, 2014.
Present:
Absent:
CITY OF EVANSTON, ILLINOIS
By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
_______________________________
Corporation Counsel
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To: Wally Bobkiewicz, City Manager
From: Martin Lyons, Asst. City Manager/CFO
Subject: Chiaravalle Conduit Re-Financing Proposal
Date: March 25, 2014
Chiaravalle Montessori School at the corner of Hinman and Dempster is requesting the
City of Evanston to act as a conduit for their bonds in a similar fashion as was done in
2010 at which time the City sold property to the School. This financing will be for a total
amount of $7.48 million which includes two distinct parts:
1. $4.55 million of the new issue is dedicated to the refinancing of the original issue,
and is therefore not new debt.
2. $2.93 of the new issue is for further construction and rehabilitation to the school
and to provide underground stormwater detention and underground geo-thermal
heating facilities.
Under separate cover the Council is being provided additional information as follows:
1. Transmittal memo from Corporation Counsel Grant Farrar stating the bonds to be
conduit debt and that no liability is incurred by the City for the issuance of this
debt.
2. Ordinance 51-O-14 authorizing the sale of the bonds.
City staff has conducted a neighborhood meeting to discuss all construction activities
and subsequent impact to the neighborhood. Members of the Public Works
Department, Community Development, Utilities, and Parks Recreation and Community
Services will be available to discuss any questions regarding the construction project.
Chiaravalle members including Bonnie Shinn Masiana, Director of Finance and
Operations will also be in attendance at the April 8, 2014 Council Meeting.
Memorandum
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For the City Council Meeting of April 13, 2010 Item A5
Ordinance 26-O-10
For Introduction
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Subject: An Ordinance Approving and Authorizing Revenue Bonds and Related
Matters Thereto (Chiaravalle Conduit Financing)
Date: April 1, 2010
Recommended Action:
Staff recommends approval of the ordinance as introduced for purposes of final action
on April 26, 2010.
Funding Source:
The City will not incur a liability to repay this debt in the event of a default by
Chiaravalle. This debt does not appear in the City’s financial balance sheet, but does
appear as a note in our financial statements. Section 2 of the Ordinance outlines the
the fact the bonds are not an indebtedness or obligation of the City, and no owner of the
Bonds has the right to compel the City to tax for payment of the Bonds.
Summary:
Chiaravalle has requested the City act as the conduit financing authority for their debt
issuance. The major purpose of this borrowing is to pay the City the $2.1 million owed
for the purchase of the Chiaravalle property, which will permit the City to receive all of
its funds from the purchase immediately, as compared to a four-year payment schedule.
We have worked with bond counsel to create the necessary bond ordinance, and are
reviewing the required legal documents necessary for the issuance. The City has
incurred no costs as a part of the issue other than our time in reviewing documents.
-------------------------------------------------------------------------------------
Attachments:
Copy of Ordinance 26-O-10
Memo from Asst. City Manager
Memo from Northern Trust
Memorandum
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1/4/2010
ORDINANCE NO. 26-O-10
AN ORDINANCE APPROVING AND AUTHORIZING THE
ISSUANCE AND SALE OF NOT TO EXCEED $5,500,000
AGGREGATE PRINCIPAL AMOUNT OF REVENUE
BONDS, SERIES 2010 (CHIARAVALLE MONTESSORI
SCHOOL) OF THE CITY OF EVANSTON, ILLINOIS; THE
EXECUTION OF A LOAN AGREEMENT AND OTHER
DOCUMENTS RELATED THERETO; AUTHORIZING THE
SALE OF SAID BONDS TO THE PURCHASER THEREOF;
AND RELATED MATTERS THERETO.
WHEREAS, pursuant to the provisions of Section 6(a) of Article VII of the
1970 Constitution of the State of Illinois, the City of Evanston, a municipality and home
rule unit of the State of Illinois (the “City”), is authorized and empowered to exercise any
power or perform any function pertaining to its government or affairs, including the
issuance of revenue bonds to finance projects within the territorial limits of the City or to
refund bonds issued to finance said projects, and may authorize the issuance of such
bonds by ordinance of the City; and
WHEREAS, Chiaravalle Montessori School, an Illinois not for profit
corporation (the “Borrower”), has requested that the City Council of the City approve the
issuance by the City of qualified 501(c)(3) revenue bonds under Section 145 of the
Internal Revenue Code of 1986, as amended (the “Code”), the proceeds of which bonds
will be used, together with other available funds to (i) refund the Illinois Development
Finance Authority Adjustable Rate Revenue Bonds, Series 1998 (Chiaravalle
Montessori School Project) (the “Prior Bonds”), the proceeds of which were used to
finance the renovation, interior expansion and improvement of an existing school facility
owned by the City and leased and operated by the Borrower (the “School Facility”);
(ii) finance or refinance, or reimburse the Borrower for, the costs of the acquisition of
land at 425 Dempster Street in Evanston, Illinois and the School Facility located thereon
and the further renovation, improvement and equipping of the School Facility
(collectively, the “Project”); (iii) fund certain working capital; and (iv) pay certain costs
incurred in connection with the issuance of the Bonds and the refunding of the Prior
Bonds (collectively, the “Financing Purposes”); and
WHEREAS, the City wishes to provide financing to the Borrower for the
foregoing purposes through the issuance and sale of its Revenue Bonds, Series 2010
(Chiaravalle Montessori School) (the “Bonds”) pursuant to a Loan Agreement (the “Loan
Agreement”) by and among the City, the Borrower and The Northern Trust Company, as
the initial lender and purchaser of the Bonds (the “Lender”), and in accordance with this
Ordinance authorizing the Bonds; and
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WHEREAS, the financing of the Project will be beneficial economically to the
Borrower and will enable the Borrower to offer more of its services to the City’s residents
thereby promoting the well being of the residents of the City and will enhance the quality of
life of the residents of the City and therefore is for a proper public purpose; and
WHEREAS, the proposed form of the Loan Agreement has been prepared
and presented to this meeting; and
WHEREAS, the Bonds shall be limited obligations of the City, payable
solely from the revenues and income pursuant to the Loan Agreement, and the Bonds
shall not constitute an indebtedness of the City within the meaning of any constitutional
or statutory provision; and no holder of any Bond shall have the right to compel any
exercise of the taxing power of the City to pay the principal of the Bonds or the interest
or premium, if any, thereon; and
WHEREAS, the Borrower has requested the City to sell the Bonds on a
negotiated basis to the Lender; and
WHEREAS, pursuant to the provisions of Section 147(f) of the Internal
Revenue Code of 1986, as amended, (the “Code”) a public hearing on the proposed
plan of refunding the Prior Bonds and financing the Project and the issuance of the
Bonds was held by the Mayor and the City Council on April 26, 2010, pursuant to notice
published at least fourteen (14) days prior to such public hearing in The Evanston
Review, a newspaper of general circulation in the City, on April 8, 2010; and
WHEREAS, the funding of the Financing Purposes through the issuance
of the Bonds and entering into the transactions contemplated by this Ordinance is for a
proper public purpose of the City, pertains to the affairs of the City and is in the public
interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, ILLINOIS, AS FOLLOWS:
Section 1: All of the recitals contained in the preambles to this Ordinance
are true, correct and complete, and are hereby incorporated by reference thereto and
are made a part hereof.
Section 2: The Financing Purposes are hereby authorized and determined
to be in the public interest and in furtherance of the public purposes of the City.
In order to provide for the Financing Purposes, there shall be and there is
hereby authorized to be issued by the City its Revenue Bonds, Series 2010 (Chiaravalle
Montessori School), in the aggregate principal amount not to exceed five million, five
hundred thousand dollars ($5,500,000), dated the date of issuance thereof.
The Bonds shall initially bear interest at variable interest rates determined
as provided in the Loan Agreement; the Bonds shall be dated and executed in the
manner set forth in the Loan Agreement; shall bear interest from their date on the
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unpaid principal thereof at rates not exceeding twenty percent (20%) per annum; shall
mature no later than April 1, 2041; and shall be subject to redemption and tender prior
to maturity at the times, under the circumstances, in the manner and at the redemption
prices or purchase prices set forth in the Loan Agreement, as executed and delivered.
The Bonds are issued in the exercise of the City’s powers as a home rule
unit of government under the provisions of Article VII, Section 6(a) of the 1970
Constitution of the State of Illinois and this Ordinance. The Bonds do not and shall
never constitute an indebtedness or obligation of the City, the State or any political
subdivision thereof within the purview of any constitutional limitation or statutory
provision, or a charge against the credit or general taxing powers, if any, of the State,
the City, or any other political subdivision thereof. The Bonds are special, limited
obligations of the City, payable solely out of the revenues and income of the City
derived pursuant to the Loan Agreement. No owner of the Bonds shall have the right to
compel any exercise of the taxing power of the City, the State or any other political
subdivision thereof to pay the Bonds or the interest or premium, if any, thereon.
No recourse shall be had for the payment of the principal of, premium, if
any, or the interest on the Bonds or for any claim based thereon or upon any obligation,
covenant or agreement in the Loan Agreement against any past, present or future
member, officer, alderman, agent, employee or official of the City. No covenant,
stipulation, promise, agreement or obligation contained in the Bonds, the Loan
Agreement or any other document executed in connection therewith shall be deemed to
be the covenant, stipulation, promise, agreement or obligation of any present or future
official, officer, alderman, agent or employee of the City in his or her individual capacity
and neither any official of the City nor any officers executing the Bonds shall be liable
personally on the Bonds or be subject to any personal liability or accountability by
reason of the issuance of the Bonds.
Section 3: The Bonds shall be executed on behalf of the City with the
official manual or facsimile signatures of the Mayor and attested with the official manual
or facsimile signature of its City Clerk and shall have printed thereon a facsimile of its
corporate seal or impressed thereon manually its corporate seal. In case any officer
who shall have signed (whether manually or in facsimile) any of the Bonds shall cease
to be such officer of the City before the Bonds have been delivered or sold, such Bonds
with the signatures thereto affixed may nevertheless be delivered and may be sold by
the City as though the person or persons who signed such Bonds had remained
in office.
Section 4: The form, terms and provisions of the Loan Agreement and
the Tax Compliance Agreement dated the date of delivery of the Bonds (the “Tax
Compliance Agreement”), between the City and the Borrower are hereby in all respects
approved, and the Mayor is hereby authorized, empowered and directed to execute and
deliver the Loan Agreement and the Tax Compliance Agreement in the name and on
behalf of the City. The Loan Agreement, as executed and delivered, shall be in
substantially the form now before this meeting and hereby approved, or with such
changes therein as shall be approved by the officer of the City executing the same, and
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the Tax Compliance Agreement, as executed and delivered, shall be in substantially the
form approved by Bond Counsel. Execution of the Loan Agreement and the Tax
Compliance Agreement constitute conclusive evidence of such officer’s approval of any
and all changes or revisions therein from the form of the Loan Agreement now before
this meeting and of the approval of the Tax Compliance Agreement provided by Bond
Counsel; and from and after the execution and delivery of the Loan Agreement and the
Tax Compliance Agreement, the officers, agents and employees of the City are hereby
authorized, empowered and directed to do all such acts and things and to execute and
approve all such documents as may be necessary to carry out the intent and
accomplish the purposes of this Ordinance and the Loan Agreement, including the
approval of a mortgage or other security interests granted by the Borrower to secure the
Bonds, and to comply with and make effective the provisions of the Loan Agreement
and the Tax Compliance Agreement, as executed.
Section 5: The sale of the Bonds to the Lender at a price equal to no less
than ninety-eight percent (98%) of the principal amount thereof, is hereby authorized
and approved.
Section 6: From and after the execution and delivery of the foregoing
documents, the proper officials, agents and employees of the City are hereby
authorized, empowered and directed to do all such acts and things and to execute all
such documents, including a Letter of Representations with The Depository Trust
Company, as may be necessary to carry out and comply with the provisions of said
documents as executed, and to further the purposes and intent of this Ordinance,
including the preambles hereto.
Section 7: The City hereby designates the Bonds as “qualified tax-
exempt obligations” as defined in Section 265(b)(3)(B) of the Internal Revenue Code of
1986 (the “Code”). The City represents that the reasonably anticipated amount of tax-
exempt obligations that are required to be taken into account for the purposes of
Section 265(b)(3)(C) of the Code and that will be issued by or on behalf of the Borrower
and all subordinate entities of the Borrower during 2010 does not exceed thirty million
dollars ($30,000,000). The City covenants that it will not designate and issue on behalf
of the Borrower and such subordinate entities more than thirty million dollars
($30,000,000) aggregate principal amount of tax-exempt obligations in 2010. For
purposes of the two preceding sentences, the term “tax-exempt obligations” includes
“qualified 501(c)(3) bonds” (as defined in Section 145 of the Code) but does not include
other “private activity bonds” (as defined in Section 141 of Code).
Section 8: The Mayor and the City Council hereby acknowledge that a
Public Hearing was held on April 26, 2010 and hereby approves the Project, the plan of
financing, and the Financing Purposes.
Section 9: All acts and doings of the officials of the City that are in
conformity with the purposes and intent of this Ordinance and in furtherance of the
issuance of the Bonds be, and the same are hereby in all respects, approved and
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26-O-10
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confirmed. The City hereby covenants that it will take no action or fail to take any action
that would cause the Bonds to become invalid.
Section 10: The provisions of this Ordinance are hereby declared to be
separable and if any section, phrase or provision shall for any reason be declared by a
court of competent jurisdiction to be invalid or unenforceable, such declaration shall not
affect the validity or enforceability of the remainder of the sections, phrases and
provisions hereof.
Section 11: All ordinances, orders and resolutions and parts thereof in
conflict herewith are to the extent of such conflict hereby repealed.
Section 12: A copy of this Ordinance shall be filed in the office of the City
Clerk and shall be made available for public inspection in the manner required by law.
Section 13: This Ordinance 26-O-10 shall be in full force and effect from
and after its passage, approval, and publication in the manner provided by law.
Passed and adopted this 26th day of April, 2010, by roll call vote as follows:
Ayes: ____________
Nays: ____________
Introduced:_________________, 2010
Adopted:___________________, 2010
Approved:
__________________________, 2010
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, Corporation Counsel
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To: Wally Bobkiewicz, City Manager
From: Martin Lyons, Asst. City Manager
Subject: Chiaravalle Conduit Financing Proposal
Date: March 25, 2010
Please find attached a communication from Northern Trust Bank, representing the
Chiaravalle Montessori School. As a part of Chiaravalle’s remodeling/construction plan
previously approved by the City, they will be borrowing funds to pay land purchase and
construction costs. As noted in the attached memo, Chiaravalle has requested the City
act as the conduit financing authority for their debt issuance. Cities have historically
acted as a conduit financing agent through the use if Industrial Revenue Bond authority.
In more recent years this authority is more often used for economic development
purposes beyond industrial categories.
The City will not incur a liability to repay this debt in the event of a default by
Chiaravalle. This debt does not appear in the City’s financial balance sheet, but does
appear as a note in our financial statements. Chiaravalle is responsible for providing
bond counsel to create the necessary bond ordinance and legal documents necessary
for the issuance, and the City will incur no costs as a part of the issue other than our
time in reviewing documents.
Normally, a City could consider a charge to the entity requesting financing. This can
take the form of a certain percent (1/4%) of the annual interest rate cost, which is then
used to cover City costs. However, since one of the major purposes of this borrowing is
to pay the City the $2.1 million owed for the purchase of the Chiaravalle property the
City will now be able to receive all of our funds from the purchase immediately
compared to the four year payment schedule. Assuming a 1% interest income rate on
these funds, would mean that the City will benefit by approximately $30,000 to $40,000
if we retain the funds. Alternatively, we would have these funds available for immediate
use to cover critical capital costs. If these funds were used to offset bond issue
proceeds, at 4.0% on $1.9 million ($1.9 million is used because $200,000 needs to be
reserved for park restoration after construction per the agreement) for one year, we
would save $76,000. Staff is not suggesting any particular utilization of these funds
received through this process, and is only pointing out the benefits to the City of
proceeding with the conduit financing.
This item is scheduled to come before the A&PW Committee for introduction on April
13, 2010. Please contact me with any questions.
Memorandum
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To: City Council, City of Evanston
From: Allan Ambrose, Senior Vice President (312) 557-0945
Christopher Shih, Vice President (312) 444-5660
Re: Chiaravalle Montessori School’s Request to use the City of Evanston as a Conduit Issuer
Request:
Chiaravalle Montessori School (“Chiaravalle”) will be issuing tax-exempt bank qualified bonds.
As a 501(c)(3) not-for-profit entity, they will need to issue bonds through a conduit issuer.
Chiaravalle is requesting approval by the City of Evanston (the “City”) to serve as the Conduit
Issuer in Chiaravalle’s upcoming bond financing.
The bonds shall be limited obligations of the City, payable solely from revenues of Chiaravalle
and shall not constitute and indebtedness of the City.
About Chiaravalle
Chiaravalle is a Montessori school servicing 348 students, ages 6 months through 14 years old,
in Evanston, IL. The student population is predominantly from the Evanston area (65%), and
many children commute from Chicago’s North Side, Wilmette, Skokie and other suburbs. The
School signed a 45 year lease in 1998 with the City (25 year lease with two ten year renewal
options). Chiaravalle will be buying the property that the school currently leases from the City
through a 4-year contract with payments paid annually.
Project Description
The total bond issuance size will not exceed $5,500,000. The use of proceeds include:
x $1.9 million to purchase property from the City;
x $200,000 donation to the City for improvements to Currey Park;
x $1.5 million in improvements the second and third floors of the building;
x $1.3 million in refinancing existing bonds;
x $500,000 miscellaneous costs;
x $100,000 costs of issuance.
Background:
The American Reinvestment Recovery Act introduced several changes into the municipal market
place and specifically the bank qualification rules. The changes include:
x Increase qualified small issuer limit to $30 million from $10 million for bonds
issued in 2009 and 2010;
x Treats a 501(c)(3) borrower as the “issuer” in the issuance of bank qualified debt
during calendar years 2009 and 2010.
Chiaravalle Montessori School Page 1 of 2 239 of 446
Chiaravalle Montessori School Page 2 of 2
These changes allow large issuers, such as the City, to act as the conduit issuer to small 501(c)(3)
entities, such as Chiaravalle, without limiting the City’s own capacity to issue bank qualified
debt on its own behalf or for other 501(c)(3) entities. The changes also allow Chiaravalle to
benefit from a lower cost of borrowing through the bank qualified structure.
Roles and Responsibilities of the Conduit Issuer
As Conduit Issuer, the bond documents will clearly state that the City has no obligation
regarding the payment of debt service to the bond holders. The City will not need to undergo a
ratings process.
As Conduit Issuer, the City will need to hold a TEFRA hearing, which is a public forum to
discuss any issues with the proposed financing. In addition, the City would have to pass a
ordinance to issue the bonds.
Chiaravalle is looking to close the Bond issue by the end of April. That would set up the
following timeline for the City:
April 13 – Initial reading of bond documents to City Council
April 26 – TEFRA Hearing (prior to start of City Council meeting)
April 26 – Formal approval to serve as Conduit Issuer
All costs, including legal, incurred by the City related to the Chiaravalle financing will be the
responsibility of Chiaravalle.
Benefits to the City of Evanston
By agreeing to serve as Conduit Issuer, the City will:
x Be able to receive the full purchase price of the land upfront ($1.9 million) versus
over a four year period of time;
x Facilitate the $200,000 donation to the City from Chiaravalle for improvements to
Currey Park;
x Strengthen its partnership with Chiaravalle.
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For the City Council Meeting of May 10, 2010 Item #
For City Council Meeting of April 28, 2014 Item A11
Ordinance 41-O-14: 4-Way Stop at Broadway Avenue and Jenks Street
For Action
To: Honorable Mayor and Members of the City Council
Administration and Public Works Committee
From: Suzette Robinson, Director of Public Works
Homayoon Pirooz, P.E., Assistant Director of Public Works
Rajeev Dahal, Senior Traffic Engineer
Subject: Ordinance 41-O-14 Amending the City Code to Establish a 4-Way Stop
Control at the Intersection of Broadway Avenue and Jenks Street
Date: March 12, 2014
Recommended Action:
Staff recommends adoption of Ordinance 41-O-14 by which the City Council would
amend Section 10-11-5(D), Schedule V(D) of the City Code to establish a 4-Way Stop
Control at the intersection of Broadway Avenue and Jenks Street. This ordinance was
introduced at the April 8, 2014 City Council meeting.
Funding Source:
Funding will be through the General Fund-Traffic Control Supplies (2670.65115), with a
budget of $40,000 for FY 2014.
Summary:
The 7th Ward Alderman has requested a 4-Way Stop Control at the intersection of
Broadway Avenue and Jenks Street to improve the operational and the safety concerns
expressed by neighborhood residents. This intersection does not meet the Manual of
Uniform Traffic Control Devices (MUTCD) warrants for a 4-Way Stop Control
intersection. Currently the Jenks Street automobile traffic is controlled by the stop signs
at the intersection, and the Broadway Avenue traffic has the free flow. Metra Station is
located two blocks to the south. There is a fair amount of pedestrian traffic through the
intersection from the Kingsley and the Haven schools, and the McCulloch Park to the
east and the Torgerson Park to the west.
We expect the new 4-Way Stop Control at the intersection to break the free flow of the
traffic on Broadway and to provide a safer street crossing for the school children and all
other pedestrian in the area.
Attachment:
Ordinance 41-O-14
Memorandum
241 of 446
03/19/14
41-O-14
AN ORDINANCE
Amending City Code Section 10-11-5(D), Schedule V (D),
“Four-Way Stops” To Include Portions of Broadway Avenue and
Jenks Street
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 10-11-5(D), Schedule V (D), of the
Evanston City Code of 2012, as amended, is hereby further amended by adding the
following:
N. & S. and E. & W. traffic at Broadway Avenue and Jenks Street
SECTION 2: The findings and recitals contained herein are declared
to be prima facie evidence of the law of the City and shall be received in evidence
as provided by the Illinois Complied Statues and the courts of the State of Illinois.
SECTION 3: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 4: If any provision of this Ordinance 41-O-14 or application
thereof to any person or circumstance is ruled unconstitutional or otherwise invalid,
such invalidity shall not affect other provisions or applications of this Ordinance 41-
O-14 that can be given effect without the invalid application or provision, and each
invalid provision or invalid application of this Ordinance 41-O-14 is severable.
SECTION 5: This Ordinance 41-O-14 shall be in full force and effect
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from and after its passage, approval and publication in the manner provided by law.
Introduced:_________________, 2014
Adopted:___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene
City Clerk
Approved as to form:
______________________________
Grant Farrar
Corporation Counsel
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For City Council meeting of April 28, 2014 Item A1 2
Ordinance 43-O-14: Decreasing Number of Class C Liquor Licenses
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: Approval of Ordinance 43-O-14, Decreasing the Number of Class C Liquor
Licenses for La Macchina Café, LLC d/b/a La Macchina Café, 1620
Orrington Avenue
Date: March 24, 2014
Recommended Action:
Staff recommends City Council adoption of Ordinance 43-O-14. This ordinance was
introduced at the April 8, 2014 City Council meeting.
Summary:
Ordinance 43-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as
amended, to decrease the number of authorized Class C liquor licenses from 23 to 22.
La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620 Orrington Avenue,
was recommended for issuance of an upgraded liquor license, resulting in its
relinquishing of its Class C liquor license for a Class C-1 liquor license. This
“housekeeping” ordinance amends the City Code to reflect the decrease in Class C
liquor licenses.
Legislative History:
At the March 20, 2014 Liquor Control Review Board meeting, Company requested
consideration of application to upgrade from a Class C liquor license (Hotel/Restaurant;
core area until 2am) to Class C-1 liquor license (Hotel/Restaurant; core area until 3am)
and the Board recommended the issuance of a Class C-1 Liquor License. Therefore,
the Company shall relinquish its Class C liquor license. In addition, through a separate
Ordinance, the Company will receive a Class C-1 liquor license.
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Attachments:
Ordinance 43-O-14
Minutes of the March 20, 2014 Liquor Control Review Board meeting
Memorandum
244 of 446
3/20/2014
43-O-14
AN ORDINANCE
Amending Subsection 3-4-6-(C) of the City Code
to Decrease the Number of Class C Liquor Licenses
from Twenty-Three to Twenty-Two
(La Macchina Cafe, LLC, d/b/a “La Macchina Cafe”, 1620 Orrington
Avenue)
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 decreasing the number of Class C liquor
licenses from twenty-three (23) to twenty-two (22), 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.
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-three (23) 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
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43-O-14
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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:_________________, 2014
Adopted:___________________, 2014
Approved:
_________________________, 2014
______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
246 of 446
Page 1 of 3
MEETING MINUTES
Liquor Control Board
Thursday, March 20, 2014
11:00 a.m.
Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750
Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Dick Peach, Dave
Skrodzki, Byron Wilson
Members Absent: None
Staff Present: W. Grant Farrar, Theresa Whittington
Others Present: Cesar Marron (Sketchbook); Shawn Decker (Sketchbook); Marco
Ferrarini (La Macchina); Anne Carlson (Ward Eight)
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
11:05 a.m. All attendees introduced themselves and specified his/her role related to the
meeting.
NEW BUSINESS
Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago Avenue,
Suite E2, Evanston, IL 60201:
Sketchbook requested consideration of application for issuance of a Class P-1 Liquor
License (Craft Brewery).
Shawn Decker, co-owner of Sketchbook, described the business as a nano-brewery
focused on local sales. Beer will be sold in growlers for off-site consumption. Patrons
would be allowed small 2 fl. Oz. tastings of beer to assist their purchasing decisions.
Sketchbook will promote sustainability by keeping sales local and packaging beer in
reusable glass containers. Cesar Marron (co-owner) emphasized community
involvement by seeking input from local residents and restaurants regarding recipes and
flavors.
Mayor Tisdahl asked Grant Farrar to address food requirements related to alcohol
sampling. Mr. Farrar inquired if Sketchbook had intentions of selling samples larger
than 2 fl. oz. Mr. Marron responded that they did not and that they plan to abide by the
limit of three (3) free 2 fl. oz. tasting samples. Mr. Farrar responded that any plan to sell
samples in greater volumes in the future would require a larger offering of food.
Mayor Tisdahl expressed a desire for a clear definition of the food requirements to
promote consistency for all P-1 licensees. Mr. Farrar proposed a two-tier approach to
sampling and food requirements. Tier one would consist of licensees offering no more
than three (2) free 2 oz. samples. Tier two would consist of licensees offering the sale of
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samples in volumes greater than six (6) fl. oz. and will require greater food offerings and
possibly require a kitchen. The final details of the two-tier approach will be worked out
and introduced at a future City Council meeting. Mayor Tisdahl expressed approval of
the two-tier approach to the food requirement.
Board members reviewed the application packet in advance of the meeting and found it
all in order. The Local Liquor Control Commissioner asked the members if there were
any concerns over the request. No concerns were voiced. The board recommended
issuing a Class P-1 Liquor License to be introduced at the City Council meeting on April
8, 2014.
DMK Ventures – Noyes Street, LLC d/b/a DMK Burger Bar, 815 Noyes Street,
Evanston IL 60202:
DMK requested consideration of application for issuance of a Class D Liquor License
(Liquor/Restaurant). Representatives of DMK burger were not present at the meeting.
This item will be placed on the agenda of a subsequent meeting.
La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue,
Evanston, IL 60201:
La Macchina requested consideration of application for change of liquor class from
Class C (Hotel/Restaurant; Core area 2am) to Class C-1 Liquor License
(Hotel/Restaurant; Core area 3am).
Mayor Tisdahl asked Mr. Ferrarini (owner) if he has discussed his desire to remain open
until 3 a.m. on weekends with his Alderman (Judy Fiske). Mr. Ferrarini replied that he
has not had any such discussion with Alderman Fiske. Mayor Tisdahl advised Mr.
Ferrarini to discuss his request with the local Alderman as an extension of his hours
might have an impact on residents in the area.
Mr. Ferrarini explained that his restaurant has been very successful and has received
much positive exposure in Evanston media outlets. During the weekends he has to
force clients out at 2 a.m. and many of them go across the street to a neighboring
establishment that is open until 3 a.m. He feels a class C-1 will make him more
competitive and provide more options for his customers.
Board members reviewed the application packet in advance of the meeting and found it
all in order. The Local Liquor Control Commissioner asked the members if there were
any concerns over the request. The Mayor reiterated her desire that Mr. Ferrarini
discuss his request with Alderman Fiske in advance of the City Council meeting. The
board recommended issuing a Class C-1 Liquor License to be introduced at the City
Council meeting on April 8, 2014.
Ward Eight LLC d/b/a Ward Eight, 629 Howard Street, Evanston, IL 60202:
Ward Eight requested consideration of application for change of liquor class from Class
I (Restaurant/Package Store) to Class D Liquor License (Liquor/Restaurant).
Anne Carlson (owner) explained to the board that Ward Eight’s original business plan
included the sale of packaged goods on-site and online. Ward Eight does not have the
space or time to devote to that aspect of the business. Anne Carlson explained that
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Ward Eight would benefit from the less expense Class D restaurant license as it more
accurately resembles the business model currently employed.
Board members reviewed the application packet in advance of the meeting and found it
all in order. The Local Liquor Control Commissioner asked the members if there were
any concerns over the request. No concerns were voiced. The board recommended
issuing a Class D Liquor License to be introduced at the City Council meeting on April 8,
2014.
FOR DISCUSSION
Review and discussion of existing one-day liquor licensing requirements and
fees for non-profit organizations:
This matter was moved to the agenda of a subsequent due to staff scheduling conflict.
ADJOURNMENT
The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth
Tisdahl, Mayor at 11:31 a.m., March 20, 2014.
Respectfully Submitted,
Theresa Whittington
Liquor Licensing Manager, Legal Department
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For City Council meeting of April 28, 2014 Item A13
Ordinance 44-O-14: Increasing Class C-1 Liquor Licenses for La Macchina Café
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: Approval of Ordinance 44-O-14, Increasing the Number of Class C-1
Liquor Licenses for La Macchina Café, LLC d/b/a La Macchina Café, 1620
Orrington Avenue
Date: March 24, 2014
Recommended Action:
Staff recommends City Council adoption of Ordinance 44-O-14.
Summary:
Ordinance 44-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(C-1), as
amended, to increase the number of authorized Class C-1 liquor licenses from five to
six. La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620 Orrington
Avenue, was recommended for issuance of an upgraded liquor license, resulting in its
relinquishing of its Class C liquor license for a Class C-1 liquor license. This license will
permit Company to retail sale on the premises specified of alcoholic liquor only for
consumption on the premises while food is available until 3:00 am. Application
materials were submitted by Business Representative Marco Ferrarini.
Legislative History:
At the March 20, 2014 Liquor Control Review Board meeting, Company requested
consideration of application to upgrade from a Class C liquor license (Hotel/Restaurant;
core area until 2am) to Class C-1 liquor license (Hotel/Restaurant; core area until 3am)
and the Board recommended the issuance of a Class C-1 Liquor License.
-------------------------------------------------------------------------------------
Attachments:
Ordinance 44-O-14
Application
Click here for Minutes of the March 20, 2014 Liquor Control Review Board meeting
Memorandum
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3/20/2014
44-O-14
AN ORDINANCE
Amending Subsection 3-4-6-(C-1) of the City Code
to Increase the Number of Class C-1 Liquor Licenses
from Five to Six
(La Macchina Cafe, LLC, d/b/a “La Macchina Cafe”, 1620 Orrington
Avenue)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-4-6-(C-1) of the Evanston City Code of 2012,
as amended, is hereby further amended by increasing the number of Class C-1 liquor
licenses from five (5) to six (6), to read as follows:
(C1) CLASS C1 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 C1 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 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
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 $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 $8,400.00.
No more than five (5) six (6) such licenses shall be in force at any one (1) time.
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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 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:_________________, 2014
Adopted:___________________, 2014
Approved:
_________________________, 2014
______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
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For City Council meeting of April 28, 2014 Item A14
Ordinance 45-O-14: Decreasing Number of Class I Liquor Licenses
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: Approval of Ordinance 45-O-14, Decreasing the Number of Class I Liquor
Licenses for Ward Eight LLC d/b/a Ward Eight, 629 Howard Street.
Date: March 24, 2014
Recommended Action:
Staff recommends City Council adoption of Ordinance 45-O-14. This ordinance was
introduced at the April 8, 2014 City Council meeting.
Summary:
Ordinance 45-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(I), as
amended, to decrease the number of authorized Class I liquor licenses from one to
zero. Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street., was
recommended for issuance of a different liquor license, resulting in its relinquishing of its
Class I liquor license for a Class D liquor license. This “housekeeping” ordinance
amends the City Code to reflect the decrease in Class I liquor licenses.
Legislative History:
At the March 20, 2014 Liquor Control Review Board meeting, Company requested
consideration of application to change from a Class I liquor license
(Restaurant/Package Store) to Class D liquor license (Liquor/Restaurant) and the Board
recommended the issuance of a Class D Liquor License. Therefore, the Company shall
relinquish its Class I liquor license. In addition, through a separate Ordinance, the
Company will receive a Class D liquor license.
Attachments:
Ordinance 45-O-14
Click here for Minutes of the March 20, 2014 Liquor Control Review Board meeting
Memorandum
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3/21/2014
45-O-14
AN ORDINANCE
Amending City Code Section 3-5-6-(I)
to Decrease the Number of Class I Liquor Licenses
from One to Zero
(Ward Eight LLC, 629 Howard Street)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-5-6-(I) of the Evanston City Code of 2012, as
amended, is hereby further amended by decreasing the number of Class I liquor
licenses from one (1) to zero (0), to read as follows:
(I) CLASS I licenses, which shall authorize the retail sale in combination
restaurant/package stores of alcoholic liquor in the restaurant area and alcoholic
liquor in the package store area. Sales of alcoholic liquor in the restaurant area of
the licensed premises shall be for consumption on the premises where sold. 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. Alcoholic liquor may be sold in
restaurants holding class I licenses only during the period when their patrons are
offered a complete meal. Class I licenses authorize retail sales of alcoholic liquor in
original packages to persons of at least twenty-one (21) years of age in the retail
package store area of the licensed premises, for consumption off the premises.
Each class I license shall be subject to the following conditions:
1. The class I licensee must sell alcoholic liquor in the restaurant area and
alcoholic liquor in original packages in the package store area in accordance
with the class S license provisions and restrictions. The class I license
requires the licensee to operate both the restaurant and retail package areas.
2. The sale of alcoholic liquor in its original package shall be confined to an area
which is separated by a full enclosure or full partition with a controlled access
to and from the restaurant area. The retail package area shall be accessed
only through the restaurant.
3. It shall be unlawful for a class I licensee to sell a single container of wine
unless the container is greater than sixteen (16) fluid ounces or 0.473 liter.
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4. It shall be unlawful for a class I licensee to sell a single container of beer
unless the volume of the container is greater than forty (40) ounces or 1.18
liters.
5. It shall be unlawful for a class I licensee to sell a single container of alcoholic
liquor, except wine and beer which are regulated by Subsections (I)3 and (S)4
of this Section, unless the container is greater than sixteen (16) fluid ounces or
0.473 liter.
6. Items purchased in the retail package area in original packages shall not be
consumed in the restaurant area.
7. It shall be unlawful for a class I licensee to sell alcoholic liquor in original
packages except solely within the area set forth in Subsection 2., above, and
with a cash register designated as for the sale of such alcoholic liquor, which
cash register is operated by a person of at least twenty-one (21) years of age.
8. Class I licensees shall sell alcoholic liquor in the restaurant area only during
the hours set forth in Section 3-4-9 of this Chapter.
9. The sale of alcoholic liquor at retail pursuant to the class I license may begin
after eight o'clock (8:00) a.m., Monday through Sunday. Alcoholic liquor shall
not be sold after the hour of twelve midnight on any day.
10. Class I license fees are as follows:
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) zero (0) 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
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
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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: _________________, 2014
Adopted: ___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
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For City Council meeting of April 28, 2014 Item A15
Ordinance 46-O-14: Increasing Class D Liquor Licenses for Ward Eight
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: Approval of Ordinance 46-O-14, Increasing the Number of Class D Liquor
Licenses for Ward Eight LLC d/b/a Ward Eight, 629 Howard Street
Date: March 24, 2014
Recommended Action:
Staff recommends City Council adoption of Ordinance 46-O-14. This ordinance was
introduced at the April 8, 2014 City Council meeting.
Summary:
Ordinance 46-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as
amended, to increase the number of authorized Class D liquor licenses from 49 to 50.
Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street, was recommended
for issuance of a different liquor license, resulting in its relinquishing of its Class I liquor
license for a Class D liquor license. This license will permit Company to retail sale in
restaurants only of alcoholic liquor for consumption on the premises where sold.
Application materials were submitted by Business Representative Anne Carlson.
Legislative History:
At the March 20, 2014 Liquor Control Review Board meeting, Company requested
consideration of application to change from a Class I liquor license
(Restaurant/Package Store) to Class D liquor license (Liquor/Restaurant) and the Board
recommended the issuance of a Class D Liquor License.
Attachments:
Ordinance 46-O-14
Application
Click here for Minutes of the March 20, 2014 Liquor Control Review Board meeting
Memorandum
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3/21/2014
46-O-14
AN ORDINANCE
Amending City Code Section 3-5-6-(D)
to Increase the Number of Class D Liquor Licenses
from Forty-Nine to Fifty
(Ward Eight LLC, 629 Howard Street)
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 2012, as
amended, is hereby further amended by increasing the number of Class D liquor
licenses from forty-nine (49) 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 3-5-1 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 3-5-7 of this
Chapter, shall be $2,940.00.
No more than forty-nine (49) 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
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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: _________________, 2014
Adopted: ___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
______________________________
W. Grant Farrar, Corporation Counsel
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For City Council meeting of April 28, 2014 Item A16
Ordinance 40-O-14: Cessation of Township & Assumption of Duties by City
For Action
To: Honorable Mayor and Members of the City Council
Administration & Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Subject: Approval of Ordinance 40-O-14, Recognizing the Cessation of Evanston
Township and Codifying the City’s Assumption of the Duties and
Obligations of Evanston Township.
Date: April 8, 2014
Recommended Action:
Staff recommends City Council adoption of Ordinance 40-O-14. This ordinance is
companion legislation to Ordinance 52-O-14. This ordinance was introduced at the April
8, 2014 City Council meeting.
A companion resolution, 1T-R-14, is on the agenda for action by the Town Board at the
April 28, 2014 meeting. That resolution will discontinue, abolish, and cease Township
operations as of April 30, 2014.
Funding Source:
n/a
Summary:
Section 1 of the ordinance is the legislative statement making certain findings of fact
and law, and reciting the City’s authority under the Illinois Constitution, the Township
Code, and the March 18, 2014, binding referendum result, to assume the general
assistance, emergency assistance, and property tax advisory services currently
exercised by the township.
Section 2 recites that the effective date of this ordinance is 12:00 a.m., May 1, 2014.
This is intended to effect the seamless transition of services between the township,
which shall cease existence and operations, effective 11:59 p.m., April 30, 2014, and
the City.
Section 3 directs the City Clerk to maintain Township records in the City Clerk’s office.
The office of Town Clerk will be abolished by operation of law. The City Clerk is also
directed to send certified copies of this ordinance to state and county officials in order to
assist in the City’s statutory assumption of duties.
Memorandum
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Sections 4 & 5 recite that the offices of Township Supervisor and Township Assessor
are abolished by operation of law pursuant to 60 ILCS 1/27-15 and 1/27-20. Sections 6
& 7 memorialize that consistent with Council and City Manager direction over the past
year, the City shall assume and maintain all general assistance, emergency assistance,
and property tax advisory services currently exercised by the township. Staff drafted a
new chapter to the City Code, Title 1, Chapter 20, which codifies the creation of the
City’s general assistance and emergency assistance programs. This language is found
in Ordinance 52-O-14.
Legislative History:
The Illinois General Assembly approved, and Governor Quinn signed into law,
legislation which amended the Township Code to authorize a referendum question
regarding the dissolution of Evanston Township. On March 18, 2014, the voters
approved the discontinuation and abolishment of Evanston Township. This ordinance
tracks Article 27 (attached) of the Township Code.
Following discussion of this ordinance at the Council’s April 8, 2014 meeting, staff
drafted the following language in Section 5 to address points raised by Ald. Rainey
regarding assessor duties.
The language is:
Nothing in this ordinance shall be construed as obligating or requiring the
City to create new full time or part time employee positions to comply with
the Illinois statutes cited in this Section 5. The intent of this Section 5 is to
conform to prior approved authorization to the City Manager to consolidate
services that were previously provided by the Township Assessor.
The rest of Section 5 must remain unchanged, as it tracks the required language of
Article 27 of the discontinuance section of the Township Code.
Alternatives:
n/a
-------------------------------------------------------------------------------------
Attachments:
Ordinance 40-O-14
60 ILCS 1/Article 27
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03/31/2014
03/28/2014
40-O-14
AN ORDINANCE RECOGNIZING THE CESSATION OF THE TOWNSHIP
ORGANIZATION IN EVANSTON TOWNSHIP, AND CODIFYING THE
CITY OF EVANSTON’S ASSUMPTION OF THE DUTIES AND
OBLIGATIONS OF EVANSTON TOWNSHIP
AS OF 12:00 A.M., MAY 1, 2014
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Legislative Statement.
At the time of passage of this ordinance, the City of Evanston and Evanston
Township are coterminous, and the Township is a blended unit of local government
within the City, with the City Council sitting as the Town Board and exercising all powers
vested in it by law, 60 ILCS 1/15-50, 60 ILCS 1/80-5. Pursuant to 60 ILCS 1/27-10, the
City Council adopted ordinance 105-O-13 which authorized that a proposition to
dissolve Evanston Township be placed on the ballot for the March 18, 2014 General
Primary election (the “election”) to be held in the township. 63.56% of the registered
voters who cast ballots at the election in Evanston Township voted “Yes” to discontinue
and abolish Evanston Township. The City Council, in its legislative capacity, formally
recognizes the Cook County Clerk’s official certificate of election results, dated April 8,
2014, memorializing that 5,065 affirmative votes were cast in favor of the proposition to
discontinue and abolish.
In recognition of this lawful election result, and recognizing the concurrent
adoption by the Town Board of resolution 1T-R-14 dissolving Evanston Township, this
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ordinance hereby codifies the City of Evanston’s assumption of the duties and
obligations of Evanston Township. Pursuant to Article VII(10) of the Illinois
Constitution, and the Intergovernmental Cooperation Act, 5 ILCS 220 et seq., the City
Council of the City of Evanston is authorized to approve an intergovernmental
agreement or contract with Cook County and the State of Illinois to administer the duties
and responsibilities of the Township for any township services. This legislative act also
codifies the City’s role in maintaining and assuming the township’s general assistance
and emergency assistance services, and continues the advisory services to residents
related to Cook County property tax assessments.
Article VII, Section (6)a of the Illinois Constitution of 1970 states that, “a
home rule unit may exercise any power and perform any function pertaining to its
government and affairs.” As a home rule unit, the City of Evanston’s powers shall be
construed liberally. Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). This
ordinance is presumed constitutional and the burden of rebutting that strong
presumption is on the party challenging the validity of the statute to clearly demonstrate
a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill.2d 296, 306 (2008). It
is well-settled law in Illinois that the legislative judgment of the City Council must be
considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213
Ill.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a
statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction
is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id.
citing to People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003); and
The City Council finds that the assumption of duties, consolidation of
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services, assumption of necessary taxing authority, and parameters enunciated herein
shall contribute to fiscal stability for the City and promote the general welfare of
residents.
SECTION 2: Ordinance 40-O-14 shall be in full force and effect as of
12:00 a.m. May 1, 2014.
SECTION 3: Pursuant to 60 ILCS 1/27-25, the City of Evanston Clerk is
hereby directed to properly transfer and maintain all records of Evanston Township in
the City of Evanston City Clerk’s office.
SECTION 4: The office of Township Supervisor is abolished by operation
of law. Pursuant to 60 ILCS 1/27-15, 1/27-20, and 305 ILCS 5/12-3.1, all the rights,
powers, obligations, and duties of the Township Supervisor shall by operation of law
vest in and be assumed by the City of Evanston.
SECTION 5: Pursuant to 60 ILCS 1/27-15, 1/27-20, and 35 ILCS 200/3-
70, all the rights, powers, obligations, and duties of the Township Assessor shall by
operation of law vest in and be assumed by the City of Evanston. Nothing in this
ordinance shall be construed as obligating or requiring the City to create new full time or
part time employee positions to comply with the Illinois statutes cited in this Section 5.
The intent of this Section 5 is to conform to prior approved authorization to the City
Manager to consolidate services that were previously provided by the Township
Assessor.
SECTION 6: Pursuant to 60 ILCS 1/27-15 and 1/27-20, effective 12:00
a.m. May 1, 2014, all the rights, powers, assets, property, obligations, and duties of
Evanston Township shall by operation of law vest in and be assumed by the City of
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Evanston. All duties and responsibilities of Evanston Township, and any township
officer as provided in the Township Code, the Illinois Public Aid Code, and Property Tax
Code, are vested in, and shall be exercised by, the City of Evanston. The effective date
of the vesting and transfer of duties and responsibilities called for in this Section 6 shall
be 12:00 a.m., May 1, 2014.
SECTION 7: Pursuant to 60 ILCS 1/27-20,1/27-25, and this ordinance,
The City Manager is hereby authorized and directed to close up all unfinished business
of the township, and to sell and dispose of any township property as may be approved
by the City Council, for the benefit of the residents of the City of Evanston.
SECTION 8: The City Clerk shall send a certified copy of this ordinance to
Illinois Secretary of State Jesse White, the Director of the Illinois State Department of
Revenue, the Director of the Illinois State Department of Human Services, Cook County
Board President Toni Preckwinkle, Cook County Commissioner Larry Suffredin, Cook
County Assessor Joe Berrios, Cook County Clerk David Orr, Commissioner Michael
Cabonargi of the Cook County Board of Review, and the Executive Director of the
Illinois Municipal Retirement Fund.
SECTION 9: All ordinances or parts of ordinances in conflict herewith are
hereby unconditionally repealed in their entirety. The terms and provisions of this
Ordinance shall be liberally construed so as to effectuate the purposes set forth in the
recitals to this Ordinance. Each and every section in this Ordinance is to be construed
and interpreted severally.
SECTION 10: The findings in this Ordinance, and the legislative Record,
are declared to be prima facie evidence of the law of the City of Evanston, and shall be
288 of 446
40-O-14
~5~
received in evidence as provided by the Illinois Compiled Statutes and the courts of the
State of Illinois.
SECTION 11: 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 12: The City Clerk shall, and is hereby directed to, take all
necessary steps to attest to and record this ordinance and comply with Section 8 of this
ordinance.
Introduced: April 8, 2014
Adopted: April 28, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form and legality:
______________________________
W. Grant Farrar, Corporation Counsel
289 of 446
(60 ILCS 1/Art. 27 heading)
ARTICLE 27. DISCONTINUANCE OF TOWNSHIP ORGANIZATION WITHIN
COTERMINOUS MUNICIPALITY
(Source: P.A. 98-127, eff. 8-2-13.)
(60 ILCS 1/27-5)
Sec. 27-5. Applicability. This Article shall apply only to a
township that: (1) is within a coterminous, or substantially
coterminous, municipality in which the city council exercises
the powers and duties of the township board, or in which one
or more municipal officials serve as an officer or trustee of
the township; (2) is located within a county with a population
of 3 million or more; and (3) contains a territory of 7 square
miles or more.
(Source: P.A. 98-127, eff. 8-2-13.)
(60 ILCS 1/27-10)
Sec. 27-10. Petition and referendum to discontinue and abolish
a township organization within a coterminous municipality.
Upon ordinance adopted by the city council of a township
described under Section 27-5 of this Article, or upon petition
of at least 10% of the registered voters of that township, the
city council shall certify and cause to be submitted to the
voters of the township, at the next election or consolidated
election, a proposition to discontinue and abolish the
township organization and to transfer all the rights, powers,
duties, assets, property, liabilities, obligations, and
responsibilities of the township organization to the
coterminous municipality.
A signature on a petition shall not be valid or counted in
considering the petition unless the form requirements are
complied with and the date of each signature is less than 90
days before the last day for filing the petition. The
statement of the person who circulates the petition must
include an attestation (i) indicating the dates on which that
sheet was circulated, (ii) indicating the first and last date
on which that sheet was circulated, or (iii) certifying that
none of the signatures on the sheet was signed more than 90
days before the last day for filing the petition. The petition
shall be treated and the proposition certified in the manner
provided by the general election law. After the proposition
has once been submitted to the electorate, the proposition
shall not be resubmitted for 4 years.
The proposition shall be in substantially the following form:
Shall the township organization be continued in [Name
of Township] Township?
The votes shall be recorded as "Yes" or "No".
(Source: P.A. 98-127, eff. 8-2-13.)
290 of 446
(60 ILCS 1/27-15)
Sec. 27-15. Cessation of township organization. If a majority
of the votes of the township cast are in favor of the
proposition to discontinue and abolish the township
organization, then the township organization in that township
shall cease.
On the effective date of the discontinuance and abolishment of
the township organization, all the rights, powers, duties,
assets, property, liabilities, obligations, and
responsibilities of the township shall by operation of law
vest in and be assumed by the coterminous municipality.
(Source: P.A. 98-127, eff. 8-2-13.)
(60 ILCS 1/27-20)
Sec. 27-20. Township officers. Upon the effective date of
discontinuance, the coterminous municipality shall exercise
all duties and responsibilities of that township officer as
provided in the Township Code, the Illinois Public Aid Code,
Property Tax Code, and the Illinois Highway Code, as
applicable. The coterminous municipality may enter into an
intergovernmental agreement or contract with the county or the
State to administer the duties and responsibilities of that
township officer for services under its jurisdiction.
(Source: P.A. 98-127, eff. 8-2-13.)
(60 ILCS 1/27-25)
Sec. 27-25. Business, records, and property of discontinued
township organization. The records of a township organization
discontinued under this Article shall be deposited in the
coterminous municipality's city clerk's office. The
coterminous municipality may close up all unfinished business
of the township and sell and dispose of any of the property
belonging to the township for benefit of the inhabitants of
the municipality.
(Source: P.A. 98-127, eff. 8-2-13.)
291 of 446
For City Council meeting of April 28, 2014 Item A17
Ordinance 52-O-14: Creating City General Assistance Fund & Defining Duties
For Action
To: Honorable Mayor and Members of the City Council
Administration & Public Works Committee
From: W. Grant Farrar, Corporation Counsel
Subject: Approval of Ordinance 52-O-14, Creating the City of Evanston General
Assistance Fund and Defining Other City Duties and Obligations
Date: April 8, 2014
Recommended Action:
Staff recommends City Council adoption of Ordinance 52-O-14. This ordinance is
companion legislation to Ordinance 40-O-14.
A companion resolution, 1T-R-14, will be on the agenda for action by the Town Board at
the April 28, 2014 meeting. That resolution will discontinue, abolish, and cease
Township operations as of April 30, 2014.
Summary:
Section 1 of the ordinance is the legislative statement making certain findings of fact
and law, and reciting the City’s authority under the Illinois Constitution, the Township
Code, and the March 18, 2014, binding referendum result, to assume the general
assistance, emergency assistance, and property tax advisory services currently
exercised by the township.
Section 2 recites that the effective date of this ordinance is 12:00 a.m., May 1, 2014.
This is intended to effect the seamless transition of services between the township,
which shall cease existence and operations, effective 11:59 p.m., April 30, 2014, and
the City.
Section 3 creates the new Title 1, Chapter 20, City General Assistance Fund. The City
shall assume necessary taxing and expenditure authority to fund general assistance
programs.
Section 4 recites that township accounts shall transfer to the City, and section 5 recites
that the City will assume the IMRF obligations of the township. Section 6 provides that
the Evanston Town Fund will be abolished and its balances will be transferred to the
City General Fund.
Memorandum
292 of 446
Legislative History:
The Illinois General Assembly approved, and Governor Quinn signed into law,
legislation which amended the Township Code to authorize a referendum question
regarding the dissolution of Evanston Township. On March 18, 2014, the voters
approved by a 63.56% affirmative vote, the discontinuation and abolishment of
Evanston Township.
Alternatives:
n/a
-------------------------------------------------------------------------------------
Attachments:
Ordinance 52-O-14
293 of 446
4/17/2014
03/31/2014
52-O-14
AN ORDINANCE AMENDING THE CITY CODE TO CREATE THE CITY OF
EVANSTON GENERAL ASSISTANCE FUND, AND TO DEFINE CERTAIN
OTHER DUTIES AND OBLIGATIONS OF THE CITY FOLLOWING THE
CESSATION OF THE EVANSTON TOWNSHIP ORGANIZATION
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Legislative Statement.
At the time of passage of this ordinance, the City of Evanston and Evanston
Township are coterminous, and the Township is a blended unit of local government
within the City, with the City Council sitting as the Town Board and exercising all powers
vested in it by law, 60 ILCS 1/15-50, 60 ILCS 1/80-5. Pursuant to 60 ILCS 1/27-10, the
City Council adopted ordinance 105-O-13 which authorized that a proposition to
dissolve Evanston Township be placed on the ballot for the March 18, 2014 General
Primary election (the “election”) to be held in the township. 63.56% of the registered
voters who cast ballots at the election in Evanston Township voted “Yes” to discontinue
and abolish Evanston Township. The City Council, in its legislative capacity, formally
recognizes the Cook County Clerk’s official certificate of election results, dated April 8,
2014, memorializing that 5,065 affirmative votes were cast in favor of the proposition to
discontinue and abolish.
In recognition of this lawful election result, and recognizing the concurrent
adoption by the Town Board of resolution 1T-R-14 dissolving Evanston Township, this
294 of 446
52-O-14
~2~
ordinance hereby creates the City of Evanston General Assistance Fund and defines
certain other duties and obligations of the City following the cessation of the Evanston
Township organization. This legislative act codifies the City’s role in maintaining and
assuming the township’s general assistance and emergency assistance services, and
continues the advisory services to residents related to Cook County property tax
assessments.
Article VII, Section (6)a of the Illinois Constitution of 1970 states that, “a
home rule unit may exercise any power and perform any function pertaining to its
government and affairs.” As a home rule unit, the City of Evanston’s powers shall be
construed liberally. Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). This
ordinance is presumed constitutional and the burden of rebutting that strong
presumption is on the party challenging the validity of the statute to clearly demonstrate
a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill.2d 296, 306 (2008). It
is well-settled law in Illinois that the legislative judgment of the City Council must be
considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213
Ill.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a
statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction
is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id.
citing to People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003); and
The City Council finds that the assumption of duties, consolidation of
services, assumption of necessary taxing authority, and parameters enunciated herein
shall contribute to fiscal stability for the City and promote the general welfare of
residents.
295 of 446
52-O-14
~3~
SECTION 2: Ordinance 52-O-14 shall be in full force and effect as of
12:00 a.m. May 1, 2014.
SECTION 3: Title 1 of the Evanston City Code of 2012, as amended, is
hereby further amended and revised by adding a new Chapter 20, to read as follows:
CHAPTER 20: GENERAL ASSISTANCE FUND
1-20-1. CREATION AND COMPOSITION.
There is hereby created an account of the City which shall be known as the
GENERAL ASSISTANCE FUND. This fund shall be administered by the City Manager
or his/her designee and as set forth in Title 1, Chapter 11 of this Code. This fund shall
consist of such estimated tax revenues, actual revenues, appropriations and
expenditures for general assistance and emergency assistance services for the
residents of the City of Evanston. This fund shall receive tax revenues in accordance
with the annual tax levy ordinance and any ordinances or resolutions required by law.
All revenues and appropriations that exist in the Evanston Township General
Assistance Fund as of 11:59 p.m., April 30, 2014, shall be transferred by operation of
law into this City GENERAL ASSISTANCE FUND. The City shall administer and
provide funds for general assistance pursuant to 305 ILCS 5/12-3.1.
SECTION 4: All Evanston Township banking, investment, or other
financial accounts shall be transferred to the City of Evanston. All such accounts shall
be in the charge and custody of the City of Evanston as set forth in Title 1, Chapter 11
of the Evanston City Code. All such accounts shall be kept, managed, and audited as
set forth in Title 1, Chapter 11 of this Code.
296 of 446
52-O-14
~4~
SECTION 5: All Evanston Township pension programs and accounts as
required by the Illinois Municipal Retirement Fund, 40 ILCS 5/7-101 et seq., shall be
transferred by operation of law to the City of Evanston. As a participating municipality,
the City shall succeed to the functions of Evanston Township as provided by 40 ILCS
5/7-132(A)(c). The net accumulation balance in the Evanston Township reserve and
the Evanston Township account receivable balance shall be assumed and transferred
to the City. All participating and covered employees formerly employed by Evanston
Township shall become participating and covered employees of the City. All such
accounts shall be in the charge and custody of the City of Evanston, and be kept and
managed as set forth in Section 1-9-7 of the Evanston City Code. The City Clerk is
directed to send a certified copy of this Ordinance to the Executive Director of the Illinois
Municipal Retirement Fund.
SECTION 6: All revenues and appropriations that exist in the Evanston
Town Fund as of 11:59 p.m., April 30, 2014, shall be transferred by operation of law into
the City of Evanston General Fund. All Evanston Town Fund banking, investment, or
other financial accounts shall by operation of law be designated and become a
component account within the City of Evanston General Fund. All such accounts shall
be kept, managed, and audited as set forth in Title 1, Chapter 11 of this Code.
SECTION 7: All ordinances or parts of ordinances in conflict herewith are
hereby unconditionally repealed in their entirety. The terms and provisions of this
Ordinance shall be liberally construed so as to effectuate the purposes set forth in the
recitals to this Ordinance. Each and every section in this Ordinance is to be construed
and interpreted severally.
297 of 446
52-O-14
~5~
SECTION 8: The findings in this Ordinance, and the legislative Record,
are declared to be prima facie evidence of the law of the City of Evanston, and shall be
received in evidence as provided by the Illinois Compiled Statutes and the courts of the
State of Illinois.
SECTION 9: If any provision of this Ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this Ordinance is severable.
SECTION 10: The City Clerk shall send a certified copy of this ordinance
to Illinois Secretary of State Jesse White, the Director of the Illinois State Department of
Revenue, the Director of the Illinois State Department of Human Services, Cook County
Board President Toni Preckwinkle, Cook County Commissioner Larry Suffredin, Cook
County Assessor Joe Berrios, and Cook County Clerk David Orr.
Introduced: April 8, 2014
Adopted: April 28, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form and legality:
______________________________
W. Grant Farrar, Corporation Counsel
298 of 446
52-O-14
~6~
299 of 446
F
For Administration & Public Works Committee of April 28, 2014 Item APW1
Newspaper Box Policy
For Discussion
To: Administration and Public Works Committee
From: Suzette Robinson, Director of Public Works
Homayoon Pirooz, Asst. Director Engineering & Infrastructure
Rajeev Dahal, Sr. Project Manager
Subject: Newspaper Box Policy Discussion
Date: April 18, 2014
Recommended Action:
Staff is requesting direction from the Administration and Public Works Committee to
update the policy for newspaper boxes in the City’s rights-of-way.
Summary:
Newspaper boxes are placed at various locations throughout the City, in large and small
numbers. Staff will facilitate a discussion describing the current policy and conditions
and opportunities for improvement.
Attachments:
Location Map of Existing Newspaper Boxes
Memorandum
300 of 446
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301 of 446
PLANNING & DEVELOPMENT COMMITTEE MEETING
Monday, April 28, 2014
7:15 p.m.
Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston
Council Chambers
AGENDA
I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN RAINEY,
CHAIR
II. APPROVAL OF REGULAR MEETING MINUTES OF APRIL 8, 2014
III. ITEMS FOR CONSIDERATION
(P1) Ordinance 59-O-14, Granting a Special Use for a Type 2 Restaurant, Kung Fu
Tea, at 726 Clark Street
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance
59-O-14 granting a special use permit for a Type 2 Restaurant, Kung Fu Tea, at 726
Clark Street. The requested special use permit will allow a unique business to
operate in the downtown and increase pedestrian activity that will encourage success
for other businesses in the area.
For Introduction
(P2) Ordinance 58-O-14, Granting a Special Use for a Type 2 Restaurant, Frio
Gelato, at 1701 Simpson Street
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance
58-O-14 granting a special use permit for a Type 2 Restaurant, Frio Gelato, at 1701
Simpson Street. The requested special use permit will allow an existing local
business to expand operations and provide a unique business to the surrounding
neighborhood. Suspension of the Rules is requested for Introduction and Action by
City Council on April 28, 2014.
For Introduction and Action
(P3) Ordinance 53-O-14, Granting a Special Use Permit for a Planned Development,
1515 Chicago Avenue
Ordinance 53-O-14 allows the applicant to remove the existing elm tree in the rear of
the property, but the applicant must install a new 9-inch caliper tree in the southeast
corner of the property and provide additional parking. This ordinance was introduced
at the April 8, 2014, City Council meeting.
For Action
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April 28, 2014
(P4) Ordinance 32-O-14, Granting Special Use for a Planned Development at 835
Chicago Avenue (Chicago and Main)
The Plan Commission and City staff recommend the adoption of Ordinance 32-O-14,
granting Planned Development approval to construct a nine-story mixed use
commercial, office, and residential building at the southeast corner of Chicago
Avenue and Main Street, commonly known as 835 Chicago Avenue. This ordinance
was introduced at the March 24, 2014, City Council meeting and referred back to
committee. This item will be continued to the May 12, 2014 City Council meeting.
For Action
IV. ITEMS FOR DISCUSSION
V. COMMUNICATIONS
VI. ADJOURNMENT
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Minutes of April 8, 2014 – 7:15 p.m.
Council Chambers - Lorraine H. Morton Civic Center
MEMBERS PRESENT: J. Fiske, D. Holmes, A. Rainey, M. Tendam, D. Wilson
MEMBERS ABSENT: J. Grover, M. Wynne
STAFF PRESENT: Y. Capriccioso, D. Latinovic, M. Lyons, M. Masoncup,
J. McRae, M. Muenzer, B. Newman, C. Plante, R. Voss
PRESIDING OFFICIAL: Ald. Rainey
I. DECLARATION OF QUORUM
A quorum being present, Chair Rainey called the meeting to order at 7:16
p.m.
II. APPROV AL OF REGULAR MEETING MINUTES OF APRIL 24 , 2014
Ald. Holmes moved approval of the minutes of the April 24, 2014 P&D
meeting, seconded by Ald. Fiske.
The Committee voted unanimously 5-0 to approve the April 24, 2014
minutes.
III. ITEMS FOR CONSIDERATION
(P1) Resolution 18-R-14 Designating the Portion of Emerson Street
between Asbury Avenue and Green Bay Road with the Honorary Street
Name Sign, “Hecky Powell Way”
The Citizens’ Advisory Committee on Public Place Names recommends
approval of Resolution 18-R-14 designating honorary “Hecky Powell Way.”
For Action
Chair Rainey moved to recommend approval of Resolution 18-R-14,
seconded by Ald. Holmes.
Joe McRae, Deputy City Manager, explained that the recommendation for the
street sign was made unanimously by the committee, honoring Hecky Powell
and the stretch of block abutting his property on Green Bay Road. Mr. McRae
said Mr. Powell has made numerous contributions to the community and that
this was recommended by Ald. Holmes.
Ald. Holmes said this year is Hecky’s 30th anniversary and the community is
collaborating with his wife to surprise him with the honorary street name.
The Committee voted by unanimously 5-0 to recommend approval of
Resolution 18-R-14.
DRAFT –
NOT APPROVED
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(P2) Resolution 19-R-14 Designating the Portion of Dodge Avenue
between Main Street and Lee Street with the Honorary Street Name Sign,
“Crown Family Way”
The Citizens’ Advisory Committee on Public Place Names recommends
approval of Resolution 19-R-14 designating honorary “Crown Family Way.”
For Action
Chair Rainey moved to recommend approval of Resolution 19-R-14,
seconded by Ald. Holmes.
Mr. McRae explained that the committee recommended this designation of the
900 block of Dodge unanimously in honor of the Crown family and all their
contributions to the community including the Robert Crown Center. He said
this recommendation comes from Ald. Wilson with his endorsement and the
Parks and Recreation Board President, Dan Stein and his wife.
Ald. Wilson said it would be a nice and an appropriate thing to do. The Crown
Center and the other contributions the Crown family has made to this City
have really made a significant and ongoing impact and he appreciates Mr. and
Mrs. Stein making this suggestion and hopes everyone will support it.
The Committee voted unanimously 5-0 to recommend approval of
Resolution 19-R-14
(P3) Ordinance 48-O-14, Granting a Special Use for a Type 2 Restaurant,
Starbucks, and a Drive-Through Facility at 1901 Dempster Street
The Zoning Board of Appeals and City staff recommend the adoption of
Ordinance 48-O-14 granting a special use permit for a Type 2 Restaurant,
Starbucks, and a drive-through facility at 1901 Dempster Street. The building
on the property was previously a Kentucky Fried Chicken, but has been
vacant for over three years. Request Suspension of the Rules for Introduction
and Action by City Council on April 8, 2014.
For Introduction and Action
Ald. Wilson moved to recommend introduction of Ordinance 48-O-14,
seconded by Ald. Fiske.
Mark Muenzer, Director of Community Development, reiterated that staff and
the Zoning Board recommend approval and noted that the lot has been vacant
for about 3 years at a key intersection of the City. Staff and ZBA agree that it
meets the requirements of a special use and recommend approval with the
condition that the hours are limited to 5 a.m. to midnight, 7 days a week and
that the applicant comply with the litter collection and garbage pickup plan, to
which they have agreed. The applicants approached the podium.
Mamie Yee, Real Estate Manager for Starbucks, said they are very excited for
this opportunity for their 7th store in Evanston. She introduced the developer,
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Scott Goldman, and said he has done a similar site in Naperville in exactly the
same type of KFC building that was renovated. Chair Rainey said it is a
perfect use since KFC restricts the users of their property to anyone who
competes with any of their food groups.
At Ald. Wilson’s inquiry Ms. Lee replied that they hope to open in September
or October of this year.
Chair Rainey moved to suspend the rules, seconded by Ald. Fiske.
The Committee voted unanimously 5-0 to recommend introduction and
to suspend the rules for adoption of Ordinance 48-O-14.
(P4 and P5) The Plan Commission and City staff recommend the
adoption of either Ordinance 47-O-14 or Ordinance 53-O-14 to grant
approval of a Planned Development to construct an eight-story
extended stay hotel located at 1515 Chicago Avenue. Two ordinances
are presented for consideration. Ordinance 47-O-14 requires
preservation of an elm tree; Ordinance 53-O-14 permits removal of an
elm tree.
(P4) Ordinance 47-O-14, Granting a Special Use Permit for a Planned
Development, 1515 Chicago Avenue, and Requires Preservation of an
Elm Tree
Per the recommendation made by the Plan Commission, Ordinance 47-O-14
requires the applicant to preserve the existing elm tree in the rear of the
property.
For Introduction
(P5) Ordinance 53-O-14, Granting a Special Use Permit for a Planned
Development, 1515 Chicago Avenue, and Permits Removal of an Elm
Tree
Ordinance 53-O-14 allows the applicant to remove the existing elm tree in the
rear of the property, but the applicant must install a new 9-inch caliper tree in
the southeast corner of the property and provide additional parking.
For Introduction
Chair Rainey explained that Ordinance 53-O-14 has to do with the same
special use as 47-O-14; one requires conditions of preserving an elm tree
that is in the alley and the other permits the removal of the elm tree with
other requirements added to the privilege of removing the elm tree.
Ald. Holmes moved to recommend approval of Ordinances 47-O-14 and
53-O-14, seconded by Ald. Wilson.
Mr. Muenzer summarized:
• The Planned Development (PD) site is at 1515 Chicago Avenue in a D4
(Downtown) Zoning District
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• It is a proposed Hyatt extended stay hotel
• D1 and D4 Districts are to the north and south
• R6, a higher density multi-family residential district, to the east
• Raymond Park is to the south
• The applicant worked extensively with staff and the community to get to the
current design, and staff is happy with it
• Brick façade with a distinctive metal cladding
• Top hat feature which has been reduced in size
• Height is within scale at 8 stories
• The 2 story base matches in scale to the historic building to the south
• Worked with applicant to include many windows and glass along Chicago
Avenue to engage with pedestrian activity
Site plan:
• Adding a dining and lounge area with windows open to Chicago Avenue as
a public benefit
• Business area and meeting rooms
• Three new 6” caliper trees on Chicago Avenue
• Parking for 35 spaces in rear, 34 of which are compliant and 1 compact
• Parking is accessed from the east/west and north/south alleys
Compliance with zoning:
• Height allowed is 85’, which is proposed
• FAR: 4.5 allowed; 3.49 proposed
• Seeking site development allowances for parking: a 5’ set back from
property line at alley required; 0’ set back on north south and east in order
to accommodate the parking needed for the site
Elm Tree Ordinances:
• 47-O-14 requires the applicant to maintain the elm tree in the southeast
portion of the site; if it is retained, it would eliminate 3 of the parking spaces
reducing the spaces from 34 to 31, which would require a 4th site
development allowance; the applicant objects to this ordinance.
• 53-O-14 allows for the elm tree to be removed:
o In return the applicant will plant a 9” caliper tree, which is fairly
substantial, in the southeast corner of the property
o This involves an agreement with the property owner to the south
because the tree would be planted between the 2 properties and would
require one of the spaces on the hotel lot to be converted to a compact
space, which is not code compliant, and the property to the south
o The variation with this ordinance is that, if for whatever reason they
cannot come to an agreement with the property owner to the south, the
developer would pay a fee based on the Urban Re-forestation Fund,
allowing for a 3rd option
o This Ordinance also would require a 4th site development allowance
because they would reduce their parking spaces by one to 33, where 34
are required
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o Applicant concurs with this ordinance.
• Site is currently seeded and sodded
Public Benefits - Extensive negotiations in process
• Pay the City for the loss of 2 parking spaces during construction
• Pay the City a lump sum of $10,000 for the permanent loss of 2 on street
parking spaces; using the formula recommended by staff for other PD’s
and the location and usage of the meters, the amount would be $69,405
• Streetscape improvements on Chicago Avenue including three new 6”
caliper street trees, larger than the existing trees
• Green roof on 2 story portion of building with a 2 year maintenance plan
• Repave the east/west alley upon completion of the PD
• Will hire Evanston residents
• Wall sign: staff believes there should be signage for the public
restaurant/lounge (H Bar) on 1st floor of building
• Tree ordinances
Mr. Muenzer summarized:
• Staff and the community have worked well with the applicant
• Staff believes the PD is consistent with the surrounding zoning and land
uses that currently exist there
• PD is compliant with the Comprehensive Plan and the Downtown Plan in
terms of positive land use that will bring upwards of 200 people into the
downtown area, patronizing restaurants and shops and contributing tax
revenue to the community
• PD meets the design guidelines, primarily meet the public benefits
• PD meets the City’s PD standards and staff recommends approval.
Chair Rainey commented that it is wonderful to have a PD with a 5-0
recommendation.
Chair Rainey said there are members of the public that wish to speak. Ald.
Fiske requested that the applicant speaks first.
David Reifman of DLA Piper, representing the applicant, introduced Gregg
Graines of DLA Piper, Tom Blunk, developer and owner-operator, Devon
Patterson, architect from Solomon Cordwell Buenz, Mike Sullivan, general
contractor with Peak Construction, Luay Aboona, traffic consultant of KLOA
and Mel Joya, the landscape architect from Wolff Landscape Architects. Mr.
Reifman emphasized that the developer’s approach was to do something as
close to within code as possible, with minimal relief, in order to have a project
that fit in and could move quickly through the process. No incentives were
requested to this end. Mr. Reifman said they have had a good process, have
made tremendous progress and commended the Plan Commission for their
work on the PD.
Mr. Blunk introduced his partner, Gary Janko and said he is very excited to be
there. He moved back to Evanston to raise his family and appreciates the
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environmental awareness in Evanston and he is sensitive to the neighbors’
concerns. They tried to provide public benefits that were commensurate with
the relief they are seeking for parking setbacks.
Mr. Blunk explained that Ordinance 47-O-14 is a “non-starter” because they
cannot afford to lose even one parking spot on site. They are willing to convert
one to a compact stall, but it is important for the operation of a viable extended
stay hotel to accommodate parking either off site by leasing spaces in a public
garage or the private garage in a nearby office building that uses spots during
the day.
Mr. Blunk said over the last 5 years, they have considered a multitude of uses
and they decided upon the extended stay hotel with Hyatt House, from whom
they have a letter of intent. This use is under-represented in the City and the
North Shore, will generate taxes and jobs, benefiting the neighborhood, and is
a very light use, with the low FAR, 22% below the maximum allowed.
Mr. Blunk explained:
• Typical stay is 5+ days; a typical select service hotel has a 2+ days
• Typically professionals on assignment, for example, IT projects for the
hospital or university, or auditors
• Want a home away from home, an office away from the office and social
gathering amenities
• Has a greater economic spinoff to neighboring businesses than a typical
hotel
• Majority of the rooms have kitchenettes, so they may do grocery shopping
• Driven by corporate budgets
• Tend not to use cars but many will use taxi service
• The project will drive from $600,000-$850,000 a year in net new real estate
taxes and net hotel taxes that currently do not exist
Mr. Blunk summarized:
• Meets code except for the minor parking setback allowances
• Height and materials fit in with the neighborhood
• Will achieve LEED certification
• Product is not served in Evanston
• Guests will bring street life and economic activity
• Will bring 200 new construction jobs and 25 hotel operations jobs
• Finance-able today in marketplace
Mr. Blunk said regarding the developers:
• The two entities, Janko Group and Quadrant have 25 years of experience
• Janko Hospitality has renovated 15 hotels
• Renovated the Marriott in Naperville, Illinois that was going through
bankruptcy
• Janko bought the hotel with the assistance of Peak Construction
• The $25 million gut project won the Marriott opening of the year
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Mr. Blunk’s comments regarding the site:
• The loading zone where 2 parking stalls will be taken out of service is not
highly used currently compared to Davis and Orrington
• They will cover the spots during construction
• For the permanent removal they offered $10,000 as budget constraints
allowed, though the City requested $70,000
• The restaurant/bar will have open windows that will attract street life
• The flag does not allow signage and that is their standard
• They have asked them several times and they simply cannot allow an
exception for just one hotel
• The flag has been very cooperative with altering the design of the common
areas to make this site work
• As an example, Union Restaurant, has a very small, 1’ X 2’ sign and you
never see the sign but people see customers in the big glass windows and
go in
• He is hoping this issue will be off the table
• The outdoor terrace on the northeast corner will play off nicely with the
Giordano’s patio
• The pool may or may not stay.
Mr. Blunk said regarding the elm tree:
• He would love to save the elm tree
• They have done everything they can to find a way to save it
• Construction and engineering constraints make it infeasible
• Even if they were to try, they do not think it would live
• They propose to put in the correct species of a 9” caliper tree going
forward, with a 2 year maintenance plan
• The neighbor to the south is receptive to modifying their parking stall to a
compact stall for the new 9” tree
• The required underground detention system will cause the loss of 5 parking
stalls
Chair Rainey asked the public who wished to speak to the podium.
Virginia Beatty of 1509 Forest Avenue said the big elm tree:
• Is very large at 36” in diameter at its base and 34” in diameter at 4.5’ height
• Fits in with the neighborhood
• Presented an illustration of the tree’s location
• The elm tree is probably 150 years old
• Is in very good condition
• Could probably live for another 100 years as it has adjusted to the soil
conditions there
• She is concerned about replacing with a 9” tree and how they will squeeze
in the roots into the compacted soil
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• She believes Green Evanston would be more interested in having a tree
that could handle more carbon dioxide and produce a lot more oxygen
• It would be rather pleasant for the hotel guests to have a nice big canopy
with shade underneath, than to have a little tree that will be a baby for the
next 30 or 40 years
• The tree is located in front of a row of cars
• There seems to be space under the tree for a pleasant place for hotel
guests to stay
• Neighbors and hotel guests would be able to look out onto a green tree
with birds and squirrels rather than an alley
• She asked the Committee to think about the size of the tree that would be
replaced with something a lot smaller, when it could be a very pleasant
amenity for the guests.
Michael B. Taft, President of the Evanstonian Cooperative Apartments at 1508
Hinman, overlooking the site commented:
• Lives on the 8th floor
• Has been a construction professional since 1968 and a structural iron
worker by trade
• He is currently safety director for Taylor Woodstone Builders, a joint
venture with offices in Bloomington, Minnesota and Las Vegas, Nevada
• Company constructs primarily hotels and health care clinics
• It rains a lot in Evanston and it would be good to have porous paving
• Mr. Taft met last Thursday with staff and Andy Schmidt of Payne and
Dolan, a major paving contractor
• Showed illustration of the north/south alley which is very heavily impacted,
degraded and poorly maintained
• The grit caused by the deterioration ends up in the sewers
• Tracking this material into the porous parking lot would severely impact its
performance
Mr. Taft, regarding community safety:
• This site is very dangerous
• He asked what the construction crew would do with their cranes along the
alleys
• The crane pad would be on the west side of an existing pole, which would
cause problems
• From the north border of the alley to the north wall of the 8 story structure
is approximately 29’ and you cannot come within 20’ of overhead lines with
a crane, per OSHA regulations
• The north/south dimension would be constricted 9’–10’
• The single pole has multiple lines to the surrounding businesses
• No crane loads may be within 20’
Chair Rainey asked Mr. Blunk to address Mr. Taft’s concerns. Mr. Blunk said
Peak Construction, voted Chicago’s contractor of the year in 2012 and 2103,
has been involved in the process from the beginning, and they could not have
received that designation without being safety conscious.
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Mr. Taft continued:
• There is a line that goes from the pole to the tree, and the proposal is to
build to the property line which means that the work will be done directly
above the alley
• Neighbors are concerned if they use the 12’ wide scaffolds that NWU uses
it will have to project over the alley
• Do we have a safety plan at this time?
• Who is your safety director and what is the extent of his training?
• When does Peak propose to meet with the community and the City to
develop a site-specific safety plan, which every one of his projects has
• Has Peak Construction built with a tower crane in such a constricted site
and if so, where?
Chair Rainey said she would let staff deal with the safety issues. She advised
Mr. Taft that staff is highly skilled to oversee the safety of the construction.
Mr. Muenzer explained that prior to a building permit being issued, the City, as
with any project of this magnitude, has a meeting with the developer, the
contractor and anyone else involved in construction to devise a construction
management plan, wherein they discuss the staging of the construction, where
the equipment will be, how the trucks access the property and the hours of
operation. If scaffolding was required in the alley, they would certainly insure
that the placement of that equipment would still allow access to the alley for
the residents on the block. This has been done on previous projects such as
the Mather. Chair Rainey added that in the past 15 years, Evanston has built
a tremendous number of large buildings.
Mr. Taft asked that the special assessment be split 50/50 for porous paving:
50% for the developer and 50% for the neighbors. Chair Rainey said there is
one porous alley in the City, on Dobson between Asbury and Ashland and it
was 3-4 times the price of a normal alley with regular drainage structures. She
said it works well, it is a beautiful alley and the neighbors love it and she
advised Mr. Taft to arrange a meeting with the developer and the Public Works
Director to discuss it. Mr. Taft said porous paving in this parking lot would
significantly decrease the amount of storm retention structure needed. He
added that Davis and Grove have just been repaved and there are nice clean
streets all around it, and a porous surface would make it very successful. Chair
Rainey advised Mr. Taft that they will need 51% of all the people abutting the
alley.
Kristine Westerberg, President of the 525 Grove Condo Association’s
coments:
• They have appreciated the opportunity to meet with the City and the
developer on a number of issues and have had some addressed
• One remaining serious concern is the impact of the setbacks on the east
and south lot lines
• Presented a slide of the proposed site plan showing the 12’ wide east alley
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• The alley is highly traveled with commercial, residential and pedestrian
traffic
• There are adjacent buildings on the east side of the alley that follow the 5’
set back requirement such as 500 Davis, 1516 Chicago and 1508 Chicago
• Neighbors who live right across from the proposed hotel are concerned that
they would have less swing space for pulling out or flexibility for cars
coming through the alley, with cars parked to the lot line
• The Heil and Heil building had a gravel lot and cars rarely came up to the
lot line
• Without some time of setback, undue traffic congestion will not be
prevented
• Safety in an alley is a serious concern and they would appreciate if the City
would take a little more time to look into this
• They were disappointed that at the Plan Commission meeting in March,
one of the commissioners suggested that “Part of urban living, one could
say, is the enjoyment in having to engage in conversations and interactions
with people who initially are an encumbrance to you. But upon engaging
them, you realize, you know that we’re in this together and we can work
this out and I’ve just had a positive interaction with a service delivery man
who has apologized to me and he will be moving his car so I can get out of
my parking space.”
• This is a nice scenario but it does not really always happen
• For some of the older residents, it is perhaps not the easiest thing to
engage in urban interaction when they are trying to move their car
• The neighbors are requesting that the City be seriously consider the
setback proposal
Ms. Westerberg said regarding the existing tree at the south lot line, the
neighbors at 525 Grove:
• Understand the developer’s concerns that this is a non-starter
• Feel that this is a significant natural feature that already exists
• It should be part of the consideration for a new development
• They understand that different trees can be added at different parts of the
City but
• Sustaining and preserving what we already have seems to be an important
theme for the City of Evanston
• They encourage some consideration for keeping that tree, for reducing
parking spaces, or at least consider porous asphalt in the parking lot, which
might reduce some of the need for storm water detention
Ms. Westerberg thanked the Committee for their consideration.
Robert Mark, a clinical psychologist and a corporate consultant of 1508
Hinman’s comments:
• He and his wife purchased their unit because of the beautiful view of the
tree (though he understands that that is neither here nor there)
• He agrees with the prior two speakers
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• He emphasized that 34, 35 or 36 parking spaces is not adequate for a
100+ room facility and the belief that there are rental spaces to be had
nearby is not true
• The project is going to create an undue, additional number of parkers on
the street, which the City, in its interest for taxes and parking ticket fees,
will probably greet because there are plenty of police ticketing cars already
• The area is quite jammed with parkers
• Knocking off one to three spaces to save a tree is irrelevant in the scheme
of things if they are going to rent spaces anyway
• The few people who come there will primarily be workers who are going to
drive F-10’s and pickup trucks or larger, you need the extra setback
• He has a problem with an extended stay facility having a bar, where people
will meet late into the evening
• Right next door is a wine shop, so they don’t need to have a bar because
the rooms have kitchenettes
• Food should be served with the liquor, an old Evanston
• In the north/south alley, trucks park and idle for hours and when he asks
them to shut them off they say they may not be able to start the truck if they
do
• Garbage trucks that pick up garbage before 7:00 a.m., go into reverse and
beep, which is disturbing at 6:00 a.m.
• He suggested that the City have restrictions on the use of those alleys and
when they can deliver, pick up and remove
Chair Rainey said the City does have restrictions and an ordinance against
idling. He said when he calls the police they do not get there quickly enough.
Chair Rainey opened the discussion to the Committee.
Ald. Fiske moved to introduce Ordinance 47-O-14 requiring the
preservation of the elm tree.
Ald. Fiske thanked Mr. Blunk and his team for their cooperation and
improvement of the project. She made the following points:
• The use of porous paving in the parking lot would result in the need for a
smaller water detention tank, which would be a public benefit towards the
goal of sustainability
• The City must consider the idea of taking down a 150-year-old elm tree that
is healthy
• Neighbors who live on Grove and Hinman look out on the tree and enjoy
the birds that nest and sing and the squirrels
• She encouraged the developers to do everything they can to preserve it
• She agrees with Mr. Mark’s suggestion to move the parking into another
building
• The street where they are proposing the removal of 2 on-street parking
spaces is heavily parked as she is there all the time
• The City is willing to remove them so the project can be successful
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• She asked the developer to consider amending the parking around the tree
to retain it
• She does not feel comfortable sharing a new tree with a neighboring
property owner as those types of arrangements never work out well
• She is not sure of the success of the location of the proposed tree or how
long it will remain there
• The proposed new tree certainly won’t provide the kind of benefits that the
public has grown used to, provided by the existing tree
• She agrees with Ms. Beatty that the residents of the hotel would love to
look out their windows and see the huge tree
• She believes it is something the developers can do
Regarding the parking area:
• The alley congestion, similar to the Main and Chicago project, is common
where alleys join commercial and residential areas
• The setbacks are very important, especially in the east/west alley, which
they should try to maintain
• Many neighbors have lived there for a long time with a fairly small office
building and now they are looking at a large building going up
• 2 proposed projects have failed to move forward on this site; she
commended the developer for proposing a building with a thoughtful
positioning that will preserve as much view as possible
• A good trade-off for the two parking spaces on Chicago Avenue is a couple
fewer spaces in the parking lot, keep the tree, consider the setbacks and
then she is sure there will be a 5-0 vote
Chair Rainey said Paul D’Agostino stated that there is a dire prognosis for the
tree regardless of what happens based on the construction process in general.
She will have the letter posted on the website for the public. She read the last
paragraph: “I question the survivability with the whole construction process in
general. The need to trim a majority of the crown off, the compaction of the
route zone and the potential damage to the trunk and major limbs during
actual construction will likely make any efforts to preserve the tree ineffective
with a project of this size on this parcel.” She said the letter contains several
bullet points describing what the tree would go through.
Ald. Fiske argued that Mr. D’Agostino also referred to the tree as a healthy
tree. She added that at the Kendall site, there are 3 ancient oak trees that the
developer took great pains to protect with the understanding that every attempt
would be made to preserve them. They understand that there is no guarantee
with living things and if it does not survive, the developer gets his parking
spaces back. She said using porous material will increase the ability to keep
construction within a reasonable area. She noted that, as Ms. Beatty said, the
roots are not at the surface and it will be able to withstand a little heavier
impact than a newer tree.
Ald. Wilson seconded the motion to introduce Ordinance 47-O-14 to City
Council.
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The Committee voted 3-2 to introduce Ordinance 47-O-14 to City Council.
Ald. Wilson moved to introduce Ordinance 53-O-14 to City Council,
seconded by Chair Rainey.
The Committee voted unanimously 5-0 to introduce Ordinance 53-O-14 to
City Council.
IV. ITEMS FOR DISCUSSION
There were no items for discussion.
V. COMMUNICATIONS
(PD1) Evanston Housing Corporation (EHC) Update
For Communication and Information
(PD2) Land Use Review Procedures
For Communication
Mr. Muenzer noted, given the time of the evening, that the information on PD1
was in the packet and he will address PD2 at a future meeting.
Regarding the EHC update, Chair Rainey requested the status of the loans and
what the implications would be for the borrowers, should they be sold or
transferred to another entity. Mr. Muenzer said the board will provide direction
as to how to proceed after the May meeting, but it is better for the home owners
to have someone else service the portfolio. They will have the status of the
loans once they have the appraisals, which were voted upon affirmatively by
the board.
VI. ADJOURNMENT
Ald. Fiske moved to adjourn, seconded by Ald. Wilson.
The Committee voted unanimously 5-0 to adjourn.
The meeting was adjourned at 8:35 p.m.
Respectfully submitted,
Bobbie Newman
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For City Council meeting of April 28, 2014 Item P1
Ordinance 59-O-14: Special Use for a Type 2 Restaurant, Kung Fu Tea, at 726 Clark St
For Introduction
To: Honorable Mayor and Members of the City Council
Planning and Development Committee
From: Mark Muenzer, Director of Community Development
Melissa Klotz, Interim Zoning Administrator, Planning and Zoning Division
Subject: Ordinance 59-O-14, Granting a Special Use for a Type 2 Restaurant,
Kung Fu Tea, at 726 Clark Street
Date: April 17, 2014
Recommended Action
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 59-
O-14 granting a special use permit for a Type 2 Restaurant, Kung Fu Tea, at 726 Clark
Street. The requested special use permit will allow a unique business to operate in the
downtown and increase pedestrian activity that will encourage success for other
businesses in the area. The applicant has complied with all zoning requirements and
meets all of the standards for a special use in the D2 Downtown Retail Core District.
Summary
726 Clark Street is located on the south side of Clark Street, midblock between
Sherman Avenue and Orrington Avenue in the D2 Downtown Retail Core District. The
property is located east of Einstein Bros. Bagels and is surrounded by similar retail and
service uses, including many restaurants.
The applicant proposes to operate Kung Fu Tea, a specialty beverage and prepackaged
food quick-serve restaurant. Kung Fu Tea will operate from 9am-10pm during the week
and until midnight on weekends. The ground-floor space is 760 square feet and will
feature seating for up to ten patrons at a time. 70-80% of all orders will be carry-out.
The restaurant will utilize a staff of three employees per shift. Delivery service will not
be offered. All dishware will be disposable. Trash pickup will occur twice weekly via the
rear of the building. No modifications to the exterior of the building will be made with the
exception of signage. There is no on-site parking available, but the applicant has
agreed that employees will not utilize on-street parking and will park in City garages if
necessary.
Memorandum
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The applicant has agreed to comply with the City’s Litter Collection and Garbage Pickup
Plan. City staff is not aware of any objections from neighboring property owners.
Neighborhood Benefit
This use should not cause a negative effect on the surrounding downtown area. The
downtown will benefit from the operation of this unique small business, which will
encourage pedestrian activity in the area.
Comprehensive Plan
The Evanston Comprehensive General Plan encourages the growth of small business
and the importance of a vibrant downtown area. The Comprehensive General Plan
specifically includes:
Objective: Retain and attract businesses in order to strengthen
Evanston’s economic base.
Objective: Promote the growth and redevelopment of business,
commercial, and industrial areas.
A special use for the proposed Kung Fu Tea Type 2 Restaurant will promote the
downtown area and benefit the community as a whole by utilizing a currently vacant
downtown commercial space.
Legislative History
April 1, 2014: The ZBA recommended unanimous approval of the special use permit for
a Type 2 Restaurant with the following conditions:
1. Hours of operation are limited 9am-10pm Sunday through Thursday, and
9am-midnight on Fridays and Saturdays.
2. Litter Collection and Garbage Pickup Plans.
3. Employees may not utilize street parking when traveling to work.
4. The project must be in substantial compliance of the documents and
testimony on record.
Attachments
Proposed Ordinance 59-O-14
April 1, 2014 ZBA Draft Meeting Minutes
ZBA Findings
Staff memo to the ZBA
ZBA Application Packet
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4/16/2014
59-O-14
AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant
Located at 726 Clark Street in the D2 Downtown Retail Core Zoning
District (“Kung Fu Tea”)
WHEREAS, the Zoning Board of Appeals (“ZBA”) met on April 1, 2014,
pursuant to proper notice, to consider case no. 14ZMJV-0016, an application filed by
Min Sheng Chen, lessee of the property legally described in Exhibit A, attached hereto
and incorporated herein by reference, commonly known as 726 Clark Street (the
“Subject Property”) and located in the D2 Downtown Retail Core District, for a Special
Use Permit to establish, pursuant to Subsection 6-11-3-4 of the Evanston City Code,
2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Kung Fu Tea,” 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 April 28, 2014, 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-0016; and
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59-O-14
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WHEREAS, at its meetings of April 28, 2014 and May 12, 2014, 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-
0016.
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.
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59-O-14
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C. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property
shall provide and maintain, on the Subject Property, exterior litter receptacles, in
sufficient number and type, and with collections therefrom of sufficient number
and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter
emanating from operation of the Special Use authorized hereby. Litter shall be
collected no less than three (3) times per week, including collections on Sundays
as necessary, in the City’s judgment, to comply with this condition. All litter
receptacles shall be maintained in a clean condition with tight-fitting lids, and
shall be placed on Code-compliant surfaces. The owner of the Subject Property
shall provide adequate space at the rear of and on the Subject Property to
accommodate the litter receptacles and collections required. Within seven (7)
days of written notice from the City to do so, the Applicant and/or the owner of
the Subject Property shall modify the number of litter receptacles and/or the
number of collections therefrom, as directed by the City.
D. Hours of Operation: The Applicant shall operate the Type 2 Restaurant
authorized by this ordinance only between the hours of 9:00 a.m. and 10:00 p.m.
on any given Sunday, Monday, Tuesday, Wednesday or Thursday and only
between the hours of 9:00 a.m. and midnight on any given Friday or Saturday.
E. Employee Parking: Employees must not park on the street when driving to and
from the restaurant.
F. Recordation: Before it may operate the Special Use authorized by the terms of
this ordinance, the Applicant shall record, at its cost, a certified copy of this
ordinance with the Cook County Recorder of Deeds.
SECTION 4: When necessary to effectuate the terms, conditions, and
purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns,
and successors in interest.”
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 6: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 7: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
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59-O-14
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without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 8: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced:_________________, 2014
Adopted:___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_____________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, Corporation Counsel
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59-O-14
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EXHIBIT A
LEGAL DESCRIPTION
THE EAST 6 FEET OF LOT 9 AND ALL OF LOT 10 IN BLOCK 16 IN VILLAGE OF
EVANSTON, SUBDIVISION OF PARTS OF SECTION 13, TOWNSHIP 41 NORTH,
RANGE 13, EAST OF THE THIRD PRINCIPLE MERIDIAN, AND SECTIONS 7, 18 AND
19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN
IN COOK COUNTY, ILLINOIS.
PIN: 11-18-127-013-0000
COMMONLY KNOWN AS: 726 Clark Street, Evanston, Illinois.
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MEETING MINUTES
ZONING BOARD OF APPEALS
Tuesday, April 1, 2014
7:00 PM
Civic Center, 2100 Ridge Avenue, Council Chambers
Members Present: Matt Rodgers, Beth McLennan, Violetta Cullen, Scott Gingold
Members Absent: Andrew Gallimore, Mary Beth Berns, Clara Wineberg
Staff Present: Melissa Klotz, Mario Treto
Chair: Matt Rodgers
Declaration of Quorum
With a quorum present, Chair Rodgers called the meeting to order at 7:30 pm.
Approval of Minutes
The minutes from the March 18, 2014 Zoning Board of Appeals meeting were motioned for
approval with corrections by Ms. Cullen and seconded by Ms. McLennan. The motion was
approved 3-0 with Mr. Gingold abstaining.
Old Business
1901 Dempster Street ZBA 14ZMJV-0009
Starbucks Coffee Company, potential lessee, applies for special use permits to establish a Type
2 Restaurant, Starbucks, and a Drive-Through Facility (accessory), at 1901 Dempster Street.
1901 Dempster Street is located in the C2 Commercial District, which requires a special use
permit for a Type 2 Restaurant and a special use permit for a Drive-Through Facility (Zoning
Code Section 6-10-4-3). The Zoning Board of Appeals makes a recommendation to City
Council, the determining body for this case.
Ms. Klotz read the case into the record.
Scott Goldman, developer, and Mamie Yee, applicant, presented the case:
• Former KFC building that has been vacant for a few years
• Plan exterior modifications for new façade and some additional landscaping near the Drive-
Through
• Will utilize the existing ingress/egress curb cuts off of both Dempster and Dodge, and the
same parking layout and Drive-Through configuration
• 5-8 vehicles will be stacked at the Drive-Through at the busiest times
• Hours of operation 5am-9pm or possibly 10pm, 7 days a week
• No alcohol will be served at this location
• Three parallel parking spaces adjacent to the Drive-Through window may be used as
stacking for vehicles awaiting drinks ordered at the Drive-Through; or possibly for employee
parking
• Deliveries will occur 2 times per day maximum, mostly via box trucks
• Dumpster will be emptied 2-3 times per week as necessary
• Will comply with the Litter Collection and Garbage Pickup Plan with the exception that
employees will not be put in danger to pick up traffic in the busy street
• 5-6 employees per shift
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Also, City Council should investigate the traffic issue and determine if a full traffic study is
necessary. Ms. McLennan seconded the motion, which was approved 4-0.
Page 2 of 6
Zoning Board of Appeals
• Employees will park on site but it is anticipated that many employees will take public
transportation
• Will utilize existing patio for outdoor seating area
Mr. Gingold asked if a traffic study was performed, and Ms. Yee responded that a study was not
done. However, Ms. Yee is extremely familiar with the area as she has dealt with development
deals in the immediate area including the recently closed Dominicks. The average daily traffic
counts from IDOT were explored to ensure the location is viable for Starbucks.
Ms. McLennan asked if additional landscaping is shown on the presented plan, as was
mentioned in SPAARC, and Ms. Yee responded that no, the additional landscaping request was
not a formal SPAARC recommendation, and Starbucks strongly prefers not to remove parking
to add additional landscaping. Mr. Goldman added that Starbucks will be adding more
landscaping than what is currently at the site. Ms. McLennan agreed that parking should not be
removed to add more landscaping.
The ZBA then entered into Deliberations:
Mr. Gingold explained he is excited for this project and the positive impact it will have on the
area, but is concerned about traffic turning onto the site from Dodge. Mr. Gingold felt a traffic
study should address this concern, and the issue could be rectified by limiting left turns across
Dodge into the property. Ms. Cullen agreed. Chair Rodgers agreed and stated City Council
should investigate the traffic issue and determine if a full traffic study is necessary.
The Standards were addressed:
1) Yes
2) Yes
3) Yes
4) Yes
5) Yes
6) Yes
7) Yes
8) Yes
9) Yes
Ms. McLennan motioned to recommend approval of the proposal with the following conditions:
1) Hours of operation 5am-midnight
2) Litter Collection and Garbage Pickup Plan, with the understanding that employees will
not be subjected to pick up garbage in the right-of-way given the potential danger.
3) Substantial Compliance
New Business
711 Emerson Street ZBA 14ZMJV-0005
Adam Wilmot, architect, applies for major zoning relief to convert a single family residence into a
two-family residence with three open parking spaces. The applicant requests to construct two
open parking spaces that are not within 30’ of the rear property line where open parking is only
permitted within the rearmost 30’ of the property (Zoning Code Section 6-4-6-3-B-18). 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.
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Zoning Board of Appeals
Adam Wilmot, architect, presented the case:
• 3 parking spaces are required for a 2-family dwelling unit
• Variance required for parking because of two existing large trees in the rear yard that are
considered an historic part of the property
• Latest site plan shows use of pervious material and additional landscaping in the front
• Previous owner of the property leased parking for six or more vehicles, but only one of the
spaces was a legal parking space
Mr. Gingold asked if the property could be fixed up and then used as a single family home and
not need a parking variance, and Mr. Wilmot replied that the property needs to be used as a
two-flat because of the significant investment that is needed to repair the existing building.
Ms. McLennan suggested a fence could separate the parking area from the property to the west
that is concerned about the close proximity of the driveway and parking area to their back yard.
Marshall Shappo, 1910 Orrington, noted he is the abutting property owner who is concerned
about the proximity to his backyard greenspace area, and said that he welcomes occupancy at
the building that has been vacant for so many years. Mr. Shappo explained that occupancy
should not be students because more stability is needed. He prefers the parking be closer to
Emerson Street so that it won’t disrupt his outdoor activities in his rear yard. He also felt the
proposed parking is too close to the cottonwood tree and won’t be good for the tree that
everyone wants saved.
Helene Shappo, 1910 Orrington, asked for the definition of family/3 unrelated persons who may
live together according to the Zoning Ordinance. She asked how many people could live at the
property if it is a two-flat, and said she prefers the parking moving closer to Emerson Street as
well so that the tree is not harmed. She also said there is ample street parking in the area, so
she prefers only allowing two on-site parking spaces instead of three.
Marshall Shappo added he has concerns about noise levels if a total of six students can live on
the property.
Ms. Klotz and Mr. Treto explained the Zoning Ordinance’s definition of Family and how it would
relate to a two-flat at this location.
Diane Korling, 1914 Orrington, explained she sees the two large cottonwood trees from her
kitchen window and would like them saved. The house has been empty for approximately 15
years. Any excavation in the rear yard could disrupt the trees’ root systems. She asked if the
Forestry Division could look at the trees to determine if excavation would harm them. She also
noted a fence might be detrimental to the vegetation in the Shappo’s yard.
Mr. Wilmot clarified that he is not asking to put three parking spaces all the way at the rear of
the property nearest the trees and where the neighbors do not want parking – that location is
compliant. He is requesting the variance in order to save the trees. He also explained that he is
not constructing a garage, which would kill the trees. He is working with a professional arborist
to maintain the trees’ health because the property owner wants them saved as well. The
proposed plan/variance request is a compromise.
Ms. McLennan noted it seems as though everyone prefers to move the parking into the
southwest corner closer to the front yard. Mr. Wilmot explained he presented a previous plan to
the Preservation Commission that had five parking spaces closer to Emerson Street and the
Preservation Commission denied that plan.
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Page 4 of 6
Zoning Board of Appeals
Ms. Klotz clarified that a modified plan could go back to the Preservation Commission for review
and then return to the ZBA if everyone prefers to move the spaces (but not five like the previous
plan) towards Emerson Street.
Mr. Gingold applauded the attempt at compromise, but the parking variance is due to the
attempt to extract additional income from the property, which does not meet the Standards. Ms.
McLennan countered the proposal could be seen as a public benefit, which is an alternate
Standard, since a longtime vacant property is being fixed up. Mr. Gingold explained the
property could be fixed up as a single family home, and such an interpretation would create a
bad precedent. Ms. McLennan agreed and felt the Standards were not met. Ms. Cullen agreed.
The Standards were then addressed:
1. Yes
2. Yes
3. Yes, No – Mr. Gingold felt the absence of alley access does not make the
property unique
4. No – the problem exists because of the required three parking spaces for two
dwelling units
5. No – the request is specifically to extract additional income from the property,
and cannot be interpreted as a public benefit
6. No - the request is to extract additional income by creating two dwelling units
7. No – the request is to extract additional income by creating two dwelling units
Ms. McLennan suggested that if City Council chooses not to follow the ZBA’s recommendation,
they may want to consider overruling the Preservation Commission’s denial and allow the
parking spaces to be located closer to Emerson Street.
Mr. Gingold motioned to deny the variance, which was seconded by Ms. Cullen. The denial was
approved 4-0.
726 Clark Street ZBA 14ZMJV-0016
Min Sheng Chen, lessee, and Steven Smutny, architect, apply for a special use permit for a
Type 2 Restaurant, Kung Fu Tea, at 726 Clark Street. 726 Clark Street is located in the D2
Downtown Retail Core District, which requires a special use permit for Type 2 Restaurants to
operate (Zoning Code Section 6-11-3-4). 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.
Steven Smutny and Min Sheng Chen presented the case:
• Specialty tea shop with some prepackaged food
• Tea is served hot or cold
• Hours of operation 10am-10pm and 10am-midnight on Friday and Saturday nights
• 70% carryout is estimated
• 4 seats inside
• No on-site parking
• Trash pickup will occur 2x weekly via the rear
• Maximum 3 employees per shift
• Disposable dishware will be used
• Ok with City’s Litter Collection and Garbage Pickup Plan
The ZBA then entered into Deliberations:
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Page 5 of 6
Zoning Board of Appeals
Chair Rodgers noted this is a unique and welcomed business that will draw more people into
the downtown. Ms. McLennan, Mr. Gingold, and Ms. Cullen agreed.
The Standards were then addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
8. Yes
9. Yes
Ms. Cullen motioned to recommend approval of the requested special use with the following
conditions:
1. Hours of operation may not exceed 9am – 10pm and 9am-midnight on Friday and
Saturday evenings
2. Employees may not park on the street
3. Litter Collection and Garbage Pickup Plan
4. Substantial compliance with the documents and testimony on record
Ms. McLennan seconded the motion, which was approved 4-0.
1701 Simpson Street ZBA 14ZMJV-0014
Sebastian Koziura, lessee, applies for a special use permit for a Type 2 Restaurant, Frio Gelato,
at 1701 Simpson Street. 1701 Simpson Street is located in the B1 Business District, which
requires a special use permit for Type 2 Restaurants 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.
Sebastian Koziura presented the case:
• Currently using the space for wholesale gelato sales
• Want to add retail sales directly to the public, like an ice cream shop
• Will add two display freezers with 7 different flavors in each
• 100% takeout; no indoor seating
• Will be sold in single serving, pints, quarts, etc.
• 1-2 additional employees will be needed for the retail sales
• Customers will park on the street – there is ample parking available
• Hours of operation 3pm-8:30pm, 7 days a week
• Ok with City’s Litter Collection and Garbage Pickup Plan – already collect lots of litter in the
area
• No deliveries will be made to the property
• Currently sell gelato in Evanston restaurants and people keep asking where they can get it
directly
The ZBA then entered into Deliberations:
Chair Rodgers said this is another example of a unique business that is good for Evanston. Ms.
McLennan, Mr. Gingold, and Ms. Cullen agreed.
Mr. Gingold felt it would be good to put extra trash bins outside so that people are less inclined
to litter in the park across the street.
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Page 6 of 6
Zoning Board of Appeals
The Standards were then 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 case with conditions:
1. Hours of operation 10am-10pm
2. Litter Collection and Garbage Pickup Plan
3. Substantial compliance with the documents and testimony on record
Ms. Cullen seconded the motion, which was approved 4-0.
Ms. Klotz noted the next ZBA hearing is on April 15th, which is during Passover. Members felt
quorum could still be met for that meeting.
The meeting adjourned at 9:45pm
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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 April 1, 2014, the Zoning Board of Appeals makes
the following findings of fact, reflected in the audio-visual recording of the hearings,
based upon the standards for special uses specified in Section 6-3-5-10 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 4-0
(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 4-0
(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 4-0
(D) It does not interfere with or diminish the
value of property in the neighborhood; ___X___Met _____Not Met
Vote 4-0
(E) It can be adequately served by public
facilities and services ___X___Met _____Not Met
Vote 4-0
(F) It does not cause undue traffic congestion;
___X___Met _____Not Met
Vote 4-0
Case Number: 14ZMJV-0016
Address or
Location:
726 Clark Street
Applicant: Min Sheng Chen & Steven Smutny
Proposed
Special Use:
Type 2 Restaurant, Kung Fu Tea
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(G) It preserves significant historical and
architectural resources; ___X___Met _____Not Met
Vote 4-0
(H) It preserves significant natural and
environmental features; and ___X___Met _____Not Met
Vote 4-0
(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 4-0
and, based upon these findings, and upon a vote
__4__ in favor & __0__ against
Recommends to the City Council
_____ approval without conditions
__x__ approval with conditions specifically:
1. The restaurant must abide by Litter Collection and Pick-Up Plan
2. Hours of operation must be between 9am-10pm Sunday-Thursday and 9am-
midnight on Fridays and Saturdays.
3. Employees may not park on the street.
4. Project must be in substantial compliance with the documents and testimony on
record
_____ denial of the proposed special use.
__________________________________________ Date: _____________
Matt Rodgers
Zoning Board of Appeals Chair
Attending: Vote:
Aye No
_______ Mary Beth Berns _____ ____
_______ Clara Wineberg _____ ____
___X___ Scott Gingold __X__ ____
___X___ Beth McLennan __X__ ____
___X___ Matt Rodgers __X__ ____
___X___ Violetta Cullen __X__ ____
_______ Andrew Gallimore _____ ____
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For City Council meeting of April 28, 2014 Item P2
Ordinance 58-O-14: Special Use for a Type 2 Restaurant, Frio Gelato, at 1701 Simpson
Street
For Introduction & Action
To: Honorable Mayor and Members of the City Council
Planning and Development Committee
From: Mark Muenzer, Director of Community Development
Melissa Klotz, Interim Zoning Administrator, Planning and Zoning Division
Subject: Ordinance 58-O-14, Granting a Special Use for a Type 2 Restaurant, Frio
Gelato, at 1701 Simpson Street
Date: April 17, 2014
Recommended Action
The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 58-
O-14 granting a special use permit for a Type 2 Restaurant, Frio Gelato, at 1701
Simpson Street. The requested special use permit will allow an existing local business
to expand operations and provide a unique business to the surrounding neighborhood.
The applicant has complied with all zoning requirements and meets all of the standards
for a special use in the B1 Business District. Request suspension of the Rules for
Introduction and Action by City Council on April 28, 2014.
Summary
1701 Simpson Street is located on the northwest corner of Simpson Street and Dewey
Avenue in the B1 Business District. The property is located within a small neighborhood
business district and is surrounded by commercial uses such as Fresh Foods grocery,
Pepperpot restaurant, as well as a variety of single-family and multi-family residences.
Frio Gelato will operate a retail gelato counter in the front portion of the existing
wholesale manufacturing business that has been operational since October 2013. The
gelato counter will feature two display freezers containing gelato for carry-out eating.
There is no seating proposed within the space so food will not be consumed on the
premises. The applicant anticipates the restaurant portion of the business will operate
from April to October, from 3pm – 8:30pm daily. The wholesale manufacturing portion
of the business requires one employee two to three days a week and a part-time
delivery driver. The carry-out gelato counter will add one additional employee. The
exterior of the building will not change, with the exception of the word ‘sales’ added to
Memorandum
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the signage. There is no on-site parking, but ample street parking is available and
many customers are anticipated from neighborhood pedestrian traffic.
The neighborhood business district in which Frio Gelato is located is an area featuring a
mixture of residential, commercial, and light industrial uses. The business district sees
frequent vacancies. The applicant requests to serve carry-out gelato as a way of
increasing business and advertising the wholesale business component. Many local
Evanston restaurants sell the gelato, and residents regularly ask where it can be
purchased. The proposed use is extremely moderate in impact and should have the
positive result of bringing more pedestrians to the neighborhood business district and
encouraging economic viability in the immediate area.
The applicant has agreed to comply with the City’s Litter Collection and Garbage Pickup
Plan. City staff has not received objections to the use from any neighboring property
owners, though staff spoke with one resident who expressed concern over the amount
of litter in the surrounding area and the possibility the gelato shop may increase the litter
problem.
Neighborhood Benefit
This use should not cause a negative effect on the surrounding neighborhood. The
neighborhood will benefit from a low-intensity business that will encourage pedestrian
activity and economic viability for the existing business district. The applicant’s
adherence to the City’s Litter Collection and Garbage Pickup Plan should reduce the
amount of litter in the area.
Comprehensive Plan
The Evanston Comprehensive General Plan encourages the growth of local business
and the importance of neighborhood business districts. The Comprehensive General
Plan specifically includes:
Objective: Retain and attract businesses in order to strengthen
Evanston’s economic base.
Objective: Promote the growth and redevelopment of business,
commercial, and industrial areas.
Objective: Recognize and support the strong role neighborhood
business districts play in Evanston’s economy and its
identity.
A special use for the proposed Frio Gelato Type 2 Restaurant will promote the existing
neighborhood business district and benefit the nearby residential area and community
as a whole.
Legislative History
April 1, 2014: The ZBA recommended unanimous approval of the special use permit for
a Type 2 Restaurant with the following conditions:
1. Hours of operation are limited 10am-10pm, seven days a week.
2. Litter Collection and Garbage Pickup Plans.
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3. The project must be in substantial compliance of the documents and
testimony on record.
Attachments
Proposed Ordinance 58-O-14
April 1, 2014 ZBA Draft Meeting Minutes
ZBA Findings
Staff memo to the ZBA
ZBA Application Packet – April 1, 2014
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4/16/2014
58-O-14
AN ORDINANCE
Granting a Special Use Permit for a Type 2 Restaurant
Located at 1701 Simpson Street in the B1 Business Zoning District
(“Frio Gelato”)
WHEREAS, the Zoning Board of Appeals (“ZBA”) met on April 1, 2014,
pursuant to proper notice, to consider case no. 14ZMJV-0014, an application filed by
Sebastian Koziura, lessee of the property legally described in Exhibit A, attached hereto
and incorporated herein by reference, commonly known as 1701 Simpson Street (the
“Subject Property”) and located in the B1 Business District, for a Special Use Permit to
establish, pursuant to Subsection 6-9-2-3 of the Evanston City Code, 2012, as amended
(“the Zoning Ordinance”), a Type 2 Restaurant, “Frio Gelato,” on the Subject Property;
and
WHEREAS, the ZBA, after hearing testimony and receiving other evidence,
made a written record and written findings that the application for a Special Use Permit for
a Type 2 Restaurant met the standards for Special Uses in Section 6-3-5 of the Zoning
Ordinance and recommended City Council approval thereof; and
WHEREAS, at its meeting of April 28, 2014, 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-0014; and
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58-O-14
~2~
WHEREAS, at its meeting of April 28, 2014, 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-
0014.
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.
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58-O-14
~3~
C. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property
shall provide and maintain, on the Subject Property, exterior litter receptacles, in
sufficient number and type, and with collections therefrom of sufficient number
and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter
emanating from operation of the Special Use authorized hereby. Litter shall be
collected no less than three (3) times per week, including collections on Sundays
as necessary, in the City’s judgment, to comply with this condition. All litter
receptacles shall be maintained in a clean condition with tight-fitting lids, and
shall be placed on Code-compliant surfaces. The owner of the Subject Property
shall provide adequate space at the rear of and on the Subject Property to
accommodate the litter receptacles and collections required. Within seven (7)
days of written notice from the City to do so, the Applicant and/or the owner of
the Subject Property shall modify the number of litter receptacles and/or the
number of collections therefrom, as directed by the City.
D. Hours of Operation: The Applicant shall operate the Type 2 Restaurant
authorized by this ordinance only between the hours of 10:00 a.m. and 10:00
p.m. on any given day.
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.
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58-O-14
~4~
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:_________________, 2014
Adopted:___________________, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_____________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, Corporation Counsel
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58-O-14
~5~
EXHIBIT A
LEGAL DESCRIPTION
THE SOUTH 40.5 FEET OF THE EAST 34 FEET OF LOT 7 AND THE EAST 34 FEET
OF LOT 8 IN BLOCK 8 IN PAYNES ADDITION TO EVANSTON, A SUBDIVISION OF
THE WEST HALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF
SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
PIN: 10-12-420-030-0000
COMMONLY KNOWN AS: 1701 Simpson Street, Evanston, Illinois.
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MEETING MINUTES
ZONING BOARD OF APPEALS
Tuesday, April 1, 2014
7:00 PM
Civic Center, 2100 Ridge Avenue, Council Chambers
Members Present: Matt Rodgers, Beth McLennan, Violetta Cullen, Scott Gingold
Members Absent: Andrew Gallimore, Mary Beth Berns, Clara Wineberg
Staff Present: Melissa Klotz, Mario Treto
Chair: Matt Rodgers
Declaration of Quorum
With a quorum present, Chair Rodgers called the meeting to order at 7:30 pm.
Approval of Minutes
The minutes from the March 18, 2014 Zoning Board of Appeals meeting were motioned for
approval with corrections by Ms. Cullen and seconded by Ms. McLennan. The motion was
approved 3-0 with Mr. Gingold abstaining.
Old Business
1901 Dempster Street ZBA 14ZMJV-0009
Starbucks Coffee Company, potential lessee, applies for special use permits to establish a Type
2 Restaurant, Starbucks, and a Drive-Through Facility (accessory), at 1901 Dempster Street.
1901 Dempster Street is located in the C2 Commercial District, which requires a special use
permit for a Type 2 Restaurant and a special use permit for a Drive-Through Facility (Zoning
Code Section 6-10-4-3). The Zoning Board of Appeals makes a recommendation to City
Council, the determining body for this case.
Ms. Klotz read the case into the record.
Scott Goldman, developer, and Mamie Yee, applicant, presented the case:
• Former KFC building that has been vacant for a few years
• Plan exterior modifications for new façade and some additional landscaping near the Drive-
Through
• Will utilize the existing ingress/egress curb cuts off of both Dempster and Dodge, and the
same parking layout and Drive-Through configuration
• 5-8 vehicles will be stacked at the Drive-Through at the busiest times
• Hours of operation 5am-9pm or possibly 10pm, 7 days a week
• No alcohol will be served at this location
• Three parallel parking spaces adjacent to the Drive-Through window may be used as
stacking for vehicles awaiting drinks ordered at the Drive-Through; or possibly for employee
parking
• Deliveries will occur 2 times per day maximum, mostly via box trucks
• Dumpster will be emptied 2-3 times per week as necessary
• Will comply with the Litter Collection and Garbage Pickup Plan with the exception that
employees will not be put in danger to pick up traffic in the busy street
• 5-6 employees per shift
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Also, City Council should investigate the traffic issue and determine if a full traffic study is
necessary. Ms. McLennan seconded the motion, which was approved 4-0.
Page 2 of 6
Zoning Board of Appeals
• Employees will park on site but it is anticipated that many employees will take public
transportation
• Will utilize existing patio for outdoor seating area
Mr. Gingold asked if a traffic study was performed, and Ms. Yee responded that a study was not
done. However, Ms. Yee is extremely familiar with the area as she has dealt with development
deals in the immediate area including the recently closed Dominicks. The average daily traffic
counts from IDOT were explored to ensure the location is viable for Starbucks.
Ms. McLennan asked if additional landscaping is shown on the presented plan, as was
mentioned in SPAARC, and Ms. Yee responded that no, the additional landscaping request was
not a formal SPAARC recommendation, and Starbucks strongly prefers not to remove parking
to add additional landscaping. Mr. Goldman added that Starbucks will be adding more
landscaping than what is currently at the site. Ms. McLennan agreed that parking should not be
removed to add more landscaping.
The ZBA then entered into Deliberations:
Mr. Gingold explained he is excited for this project and the positive impact it will have on the
area, but is concerned about traffic turning onto the site from Dodge. Mr. Gingold felt a traffic
study should address this concern, and the issue could be rectified by limiting left turns across
Dodge into the property. Ms. Cullen agreed. Chair Rodgers agreed and stated City Council
should investigate the traffic issue and determine if a full traffic study is necessary.
The Standards were addressed:
1) Yes
2) Yes
3) Yes
4) Yes
5) Yes
6) Yes
7) Yes
8) Yes
9) Yes
Ms. McLennan motioned to recommend approval of the proposal with the following conditions:
1) Hours of operation 5am-midnight
2) Litter Collection and Garbage Pickup Plan, with the understanding that employees will
not be subjected to pick up garbage in the right-of-way given the potential danger.
3) Substantial Compliance
New Business
711 Emerson Street ZBA 14ZMJV-0005
Adam Wilmot, architect, applies for major zoning relief to convert a single family residence into a
two-family residence with three open parking spaces. The applicant requests to construct two
open parking spaces that are not within 30’ of the rear property line where open parking is only
permitted within the rearmost 30’ of the property (Zoning Code Section 6-4-6-3-B-18). 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.
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Zoning Board of Appeals
Adam Wilmot, architect, presented the case:
• 3 parking spaces are required for a 2-family dwelling unit
• Variance required for parking because of two existing large trees in the rear yard that are
considered an historic part of the property
• Latest site plan shows use of pervious material and additional landscaping in the front
• Previous owner of the property leased parking for six or more vehicles, but only one of the
spaces was a legal parking space
Mr. Gingold asked if the property could be fixed up and then used as a single family home and
not need a parking variance, and Mr. Wilmot replied that the property needs to be used as a
two-flat because of the significant investment that is needed to repair the existing building.
Ms. McLennan suggested a fence could separate the parking area from the property to the west
that is concerned about the close proximity of the driveway and parking area to their back yard.
Marshall Shappo, 1910 Orrington, noted he is the abutting property owner who is concerned
about the proximity to his backyard greenspace area, and said that he welcomes occupancy at
the building that has been vacant for so many years. Mr. Shappo explained that occupancy
should not be students because more stability is needed. He prefers the parking be closer to
Emerson Street so that it won’t disrupt his outdoor activities in his rear yard. He also felt the
proposed parking is too close to the cottonwood tree and won’t be good for the tree that
everyone wants saved.
Helene Shappo, 1910 Orrington, asked for the definition of family/3 unrelated persons who may
live together according to the Zoning Ordinance. She asked how many people could live at the
property if it is a two-flat, and said she prefers the parking moving closer to Emerson Street as
well so that the tree is not harmed. She also said there is ample street parking in the area, so
she prefers only allowing two on-site parking spaces instead of three.
Marshall Shappo added he has concerns about noise levels if a total of six students can live on
the property.
Ms. Klotz and Mr. Treto explained the Zoning Ordinance’s definition of Family and how it would
relate to a two-flat at this location.
Diane Korling, 1914 Orrington, explained she sees the two large cottonwood trees from her
kitchen window and would like them saved. The house has been empty for approximately 15
years. Any excavation in the rear yard could disrupt the trees’ root systems. She asked if the
Forestry Division could look at the trees to determine if excavation would harm them. She also
noted a fence might be detrimental to the vegetation in the Shappo’s yard.
Mr. Wilmot clarified that he is not asking to put three parking spaces all the way at the rear of
the property nearest the trees and where the neighbors do not want parking – that location is
compliant. He is requesting the variance in order to save the trees. He also explained that he is
not constructing a garage, which would kill the trees. He is working with a professional arborist
to maintain the trees’ health because the property owner wants them saved as well. The
proposed plan/variance request is a compromise.
Ms. McLennan noted it seems as though everyone prefers to move the parking into the
southwest corner closer to the front yard. Mr. Wilmot explained he presented a previous plan to
the Preservation Commission that had five parking spaces closer to Emerson Street and the
Preservation Commission denied that plan.
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Page 4 of 6
Zoning Board of Appeals
Ms. Klotz clarified that a modified plan could go back to the Preservation Commission for review
and then return to the ZBA if everyone prefers to move the spaces (but not five like the previous
plan) towards Emerson Street.
Mr. Gingold applauded the attempt at compromise, but the parking variance is due to the
attempt to extract additional income from the property, which does not meet the Standards. Ms.
McLennan countered the proposal could be seen as a public benefit, which is an alternate
Standard, since a longtime vacant property is being fixed up. Mr. Gingold explained the
property could be fixed up as a single family home, and such an interpretation would create a
bad precedent. Ms. McLennan agreed and felt the Standards were not met. Ms. Cullen agreed.
The Standards were then addressed:
1. Yes
2. Yes
3. Yes, No – Mr. Gingold felt the absence of alley access does not make the
property unique
4. No – the problem exists because of the required three parking spaces for two
dwelling units
5. No – the request is specifically to extract additional income from the property,
and cannot be interpreted as a public benefit
6. No - the request is to extract additional income by creating two dwelling units
7. No – the request is to extract additional income by creating two dwelling units
Ms. McLennan suggested that if City Council chooses not to follow the ZBA’s recommendation,
they may want to consider overruling the Preservation Commission’s denial and allow the
parking spaces to be located closer to Emerson Street.
Mr. Gingold motioned to deny the variance, which was seconded by Ms. Cullen. The denial was
approved 4-0.
726 Clark Street ZBA 14ZMJV-0016
Min Sheng Chen, lessee, and Steven Smutny, architect, apply for a special use permit for a
Type 2 Restaurant, Kung Fu Tea, at 726 Clark Street. 726 Clark Street is located in the D2
Downtown Retail Core District, which requires a special use permit for Type 2 Restaurants to
operate (Zoning Code Section 6-11-3-4). 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.
Steven Smutny and Min Sheng Chen presented the case:
• Specialty tea shop with some prepackaged food
• Tea is served hot or cold
• Hours of operation 10am-10pm and 10am-midnight on Friday and Saturday nights
• 70% carryout is estimated
• 4 seats inside
• No on-site parking
• Trash pickup will occur 2x weekly via the rear
• Maximum 3 employees per shift
• Disposable dishware will be used
• Ok with City’s Litter Collection and Garbage Pickup Plan
The ZBA then entered into Deliberations:
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Zoning Board of Appeals
Chair Rodgers noted this is a unique and welcomed business that will draw more people into
the downtown. Ms. McLennan, Mr. Gingold, and Ms. Cullen agreed.
The Standards were then addressed:
1. Yes
2. Yes
3. Yes
4. Yes
5. Yes
6. Yes
7. Yes
8. Yes
9. Yes
Ms. Cullen motioned to recommend approval of the requested special use with the following
conditions:
1. Hours of operation may not exceed 9am – 10pm and 9am-midnight on Friday and
Saturday evenings
2. Employees may not park on the street
3. Litter Collection and Garbage Pickup Plan
4. Substantial compliance with the documents and testimony on record
Ms. McLennan seconded the motion, which was approved 4-0.
1701 Simpson Street ZBA 14ZMJV-0014
Sebastian Koziura, lessee, applies for a special use permit for a Type 2 Restaurant, Frio Gelato,
at 1701 Simpson Street. 1701 Simpson Street is located in the B1 Business District, which
requires a special use permit for Type 2 Restaurants 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.
Sebastian Koziura presented the case:
• Currently using the space for wholesale gelato sales
• Want to add retail sales directly to the public, like an ice cream shop
• Will add two display freezers with 7 different flavors in each
• 100% takeout; no indoor seating
• Will be sold in single serving, pints, quarts, etc.
• 1-2 additional employees will be needed for the retail sales
• Customers will park on the street – there is ample parking available
• Hours of operation 3pm-8:30pm, 7 days a week
• Ok with City’s Litter Collection and Garbage Pickup Plan – already collect lots of litter in the
area
• No deliveries will be made to the property
• Currently sell gelato in Evanston restaurants and people keep asking where they can get it
directly
The ZBA then entered into Deliberations:
Chair Rodgers said this is another example of a unique business that is good for Evanston. Ms.
McLennan, Mr. Gingold, and Ms. Cullen agreed.
Mr. Gingold felt it would be good to put extra trash bins outside so that people are less inclined
to litter in the park across the street.
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Page 6 of 6
Zoning Board of Appeals
The Standards were then 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 case with conditions:
1. Hours of operation 10am-10pm
2. Litter Collection and Garbage Pickup Plan
3. Substantial compliance with the documents and testimony on record
Ms. Cullen seconded the motion, which was approved 4-0.
Ms. Klotz noted the next ZBA hearing is on April 15th, which is during Passover. Members felt
quorum could still be met for that meeting.
The meeting adjourned at 9:45pm
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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 April 1, 2014, the Zoning Board of Appeals makes
the following findings of fact, reflected in the audio-visual recording of the hearings,
based upon the standards for special uses specified in Section 6-3-5-10 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 4-0
(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 4-0
(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 4-0
(D) It does not interfere with or diminish the
value of property in the neighborhood; ___X___Met _____Not Met
Vote 4-0
(E) It can be adequately served by public
facilities and services ___X___Met _____Not Met
Vote 4-0
(F) It does not cause undue traffic congestion;
___X___Met _____Not Met
Vote 4-0
Case Number: 14ZMJV-0014
Address or
Location:
1701 Simpson Street
Applicant: Sebastian Koziura
Proposed
Special Use:
Type 2 Restaurant, Frio Gelato
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(G) It preserves significant historical and
architectural resources; ___X___Met _____Not Met
Vote 4-0
(H) It preserves significant natural and
environmental features; and ___X___Met _____Not Met
Vote 4-0
(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 4-0
and, based upon these findings, and upon a vote
__4__ in favor & __0__ against
Recommends to the City Council
_____ approval without conditions
__x__ approval with conditions specifically:
1. The restaurant must abide by Litter Collection and Pick-Up Plan
2. Hours of operation must be between 10am-10pm seven days a week.
3. Project must be in substantial compliance with the documents and testimony on
record
_____ denial of the proposed special use.
__________________________________________ Date: _____________
Matt Rodgers
Zoning Board of Appeals Chair
Attending: Vote:
Aye No
_______ Mary Beth Berns _____ ____
_______ Clara Wineberg _____ ____
___X___ Scott Gingold __X__ ____
___X___ Beth McLennan __X__ ____
___X___ Matt Rodgers __X__ ____
___X___ Violetta Cullen __X__ ____
_______ Andrew Gallimore _____ ____
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For City Council meeting of April 28, 2014 Item P3
Ordinance 53-O-14 Special Use for a Planned Development at 1515 Chicago Avenue
For Action
To: Honorable Mayor and Members of the City Council
Planning and Development Committee
From: Mark Muenzer, Community Development Director
Damir Latinovic, Neighborhood and Land Use Planner
Subject: Ordinance 53-O-14 Planned Development
1515 Chicago Avenue, 14PLND-0004
Date: April 17, 2014
Recommended Action
At the April 8, 2014 Planning and Development Committee meeting, the Committee
discussed two ordinances for adoption and approval of the Planned Development to
construct an eight-story extended stay hotel located at 1515 Chicago Avenue: Ordinance 47-
O-14 required the applicant to preserve an existing Elm tree on the property and Ordinance
53-O-14 which allowed the applicant to remove the existing elm tree but instead requires the
installation of a new tree on the property. The City Council introduced Ordinance 53-O-14 at
their April 8, 2014 meeting. The Plan Commission recommended the approval at its March
12, 2014 meeting.
The Ordinance 53-O-14 allows the applicant to remove the existing elm tree in the rear of the
property, but the applicant must install a new nine-inch caliper tree in the southeast corner of
the property. As such, the approval requires the applicant to convert one proposed parking
space into a compact space and come to an agreement with the adjacent property owner for
one parking space on the adjacent property to the south to also be converted to a compact
parking space to accommodate a planting bed area for the new tree. Should the applicant not
be able to come to an agreement with the property owner to the south, the Ordinance
requires the applicant to pay a $5,000 fee lieu of the tree installation towards Urban
Reforestation Fund.
Ordinance 53-O-14 includes four site development allowances: a zero-foot parking setback
from the north, south and east property lines where a five-foot setback is required by Code
and a reduction in the number of Code-compliant parking spaces provided to 33 where a
minimum of 34 is required by Code.
Memorandum
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Additionally, the applicant has agreed to increase the one-time lump sum payment from
$10,000 to $30,000 to offset the loss of parking meter revenue for the two on-street parking
spaces and to install a separate wall sign along Chicago Avenue for the proposed hotel
lounge/restaurant space on the ground floor. The applicant concurs with the Ordinance.
The proposal meets all other zoning requirements for the D4, Downtown Transition District
and is consistent with the surrounding land uses. The proposal meets the standards for
approval of Planned Developments.
Summary
Background:
The petitioner is requesting a Planned Development approval to construct an eight-story
extended stay hotel (Hyatt House) located at 1515 Chicago Avenue. The property, located on
the east side of Chicago Avenue approximately 125 feet south of Davis Street is currently
vacant. The one-story office building and a surface parking lot previously located on the site
were demolished in 2013. The proposed extended stay hotel will provide amenities to guests
staying for an extended period of time with the average guest stay just over five days.
The property is located in the D4, Downtown Transition district, and is surrounded by the
following zoning classifications:
North: D4 Downtown Transition District
East: R6 General (Multi-family) Residential
South: D4 Downtown Transition District
West: D4 Downtown Transition District
The uses surrounding the site include a two story building to the north with several
commercial tenants including Giordano’s restaurant, and a two-story office building to the
west occupied by AT&T. Several eight-story multi-family residential buildings are located to
the east while a four-story mixed use building (Chaumont) and a seven-story multi-family
residential building are located to the south.
Proposal:
Site Layout
The proposed eight-story hotel would include 114-rooms and 33 Code-compliant parking
spaces and two compact parking spaces. The two-story base of the building is located north-
south along Chicago Avenue with the surface parking lot located in the rear of the building.
Floors 3-8 are located in the tower of the building with an east-west orientation along the
center of the property.
The proposed first floor would include the lobby, open lounge area and the front desk near
the main entrance. The south portion of the first floor is devoted to conference rooms and
meeting space while a hotel lounge/restaurant space is located along the north side of the
first floor. The hotel lounge/restaurant space is open to the public. Per staff’s
recommendation, the applicant has agreed to install a separate wall sign along Chicago
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Avenue for the hotel lounge/restaurant space. The trash enclosure and a loading dock are
located on the north side of the building while a rear entrance provides access to the parking
lot in the rear.
The second floor will house a state of the art fitness room and an indoor hotel pool along the
south side of the 2nd floor, while an outdoor terrace will occupy the northern portion of the
2nd floor. Floors 3-8 will include a total of 114 rooms most of which are outfitted with small
kitchenettes. The proposed building would be 85 feet tall, which matches the maximum
height permitted by Code. A decorative hotel flag ¨hat¨ feature located above the roofline is
permitted and will extend up to 99.5 feet.
The exterior of the building would be constructed of brick. A metal cladding will accentuate
the northwest corner of the building. Additionally, windows would include a limestone lintel or
a horizontal belt course. The top of the building would include a horizontal limestone band to
define the top of the building.
Parking and Traffic
The petitioner is proposing to permanently eliminate two metered on-street parking spaces
along Chicago Avenue to accommodate a loading area for hotel guests in front of the main
entrance. The applicant has agreed to increase the one-time lump sum payment from
$10,000 to $30,000 to offset the loss of parking meter revenue for the two parking spaces.
The parking lot in the rear is accessed via one full driveway access off of the 16-foot wide
east-west alley on the north side of the property and one full access driveway off of the north-
south 20-foot wide alley on the east side of the property. Additionally, seven parking spaces
have direct access off of the alleys.
Per the ordinance, the applicant is permitted to remove the existing elm tree on the property,
but is required to install a new nine-inchcaliper tree in the southeast corner of the site and
convert one parking space into a compact space to accommodate the new tree. As such,
there would be a total of 33-Code-compliant parking spaces and two compact spaces for a
total of 35 parking spaces on the site.
Per the Zoning Ordinance, a minimum of 34 Code-compliant parking spaces are required.
The compact space in the northwest corner of the site enables 30-foot long delivery trucks to
enter the east-west alley off of Chicago Avenue and proceed northbound towards Davis
Street to exit. As a condition of the approval, the petitioner will install a “no-right” turn traffic
sign at the intersection of the alleys to prohibit delivery trucks from making southbound
movements. The petitioner will also install a ¨one-way¨ traffic sign for the east-west alley near
Chicago Avenue and a “do-not” enter sign near the intersection of the alleys to designate the
east-west alley for eastbound traffic only. The alley currently functions as a two-way alley.
The 20-foot wide north-south alley will remain used for two-way traffic.
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Compliance with the Zoning Ordinance
The proposed hotel is a permitted use in the D4 zoning district. The proposed development
includes a total of more than 20,000 square feet of floor area (78,729 square feet of gross
floor area proposed) and as such the approval of the planned development is required.
A total of four site development allowances are required as indicated in the table below.
Site Development Allowances Required Ordinance
53-O-14
Open parking space setback from the north
property line
5 ft. 0 ft.
Open parking space setback from the
east property line
5 ft. 0 ft.
Open parking space setback from the south
property line
5 ft. 0 ft.
# of Parking Spaces Provided 34 33 Code-compliant + 2
compact space
The proposal will meet all other bulk requirements of the zoning ordinance as indicated in the
table below:
Extended Stay Hotel - 1515 Chicago Avenue Required Proposed
Building
Front Setback 0 ft. 0 ft.
Side Setbacks (north and south) 0 ft. 0 ft. north and south
Rear Setback 0 ft. 0.66 ft.
Parking
Front Setback Not permitted N/A
Side Setback 5 ft. 0 ft. north and south
Rear Setback 5 ft. 0 ft.
Height 85 ft. 85 ft.
FAR 4.5 3.49
Loading docks 1 1
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Standards of Approval
The proposed Planned Development must meet the standards of approval outlined in
Sections 6-3-5-10, 6-3-6-9 and 6-11-1-10 of the Zoning Ordinance. Based on the analysis
indicated above, the proposed planned development meets the standards of approval. The
proposed building meets all zoning requirements except for the four site development
allowances indicated above. However, the proposed site development allowances are
necessary to create an infill development on an underutilized site with a desirable use to
achieve the public benefits indicated below. Additionally, the proposal is consistent with the
Design Guidelines for Planned Developments, 2000 Comprehensive General Plan and
surrounding zoning classifications and land uses.
Public Benefits
Per Zoning Ordinance, all Planned Developments must provide public benefits to the
community. The proposed project is an infill development on a vacant site that will generate
new property tax and hotel tax for the community. The applicant presented the plans at two
neighborhood meetings and met twice with area architects in addition to number of meetings
and conversations with staff to address neighborhood concerns and provide a design that will
have a positive impact on surrounding uses and residents.
The City staff has negotiated and the applicant has agreed to the following public benefits:
1. Payment to the city for the loss of two parking spaces to be lost during construction
activities. ($2,784.60 per parking space for each year in which the construction takes
place)
2. A one-time lump sum payment of $30,000 to the city for the permanent loss of two on-
street parking spaces.
3. Installation of the streetscape improvements to Chicago Avenue along the subject
property including installation of three new six-inch caliper trees to replace the two
existing trees that will be eliminated along the street.
4. The applicant will construct a green roof on the two-story portion of the building south of
the main entrance and submit a two-year maintenance plan for the green roof.
5. The applicant will pay $36,000 to the City for the half of the total cost of reconstruction
of the east-west alley adjacent to the north. The City will pay the other half and
complete the reconstruction of the alley after the construction of the hotel is complete.
6. The applicant must hire a minimum of five, with a goal of 10 Evanston residents to work
at the site during construction.
7. The applicant must install a new nine-inch caliper tree in the southeast corner of the
property or pay a $5,000 fee in lieu of tree installation towards Urban Reforestation
Fund if an agreement with the property owner to the south cannot be reached regarding
the planting bed area needed for the new tree.
Compliance with the Design Guidelines for Planned Developments
The proposed building is consistent with the Design Guidelines for Planned Developments.
Additionally, the proposal was reviewed and approved by the Site Plan and Appearance
Review (SPAARC) committee on February 12, 2014 (minutes attached). The proposed
building will complement surrounding properties and add to Evanston’s unique identity. The
overall building mass and scale is similar to that of surrounding eight-story residential
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buildings while the building base along Chicago Avenue fits within the two-story building to
the north and a four story building to the south.
The proposed red brick and metal cladding materials are appropriate given the surrounding
building materials and will require minimal maintenance. The loading area and garbage
dumpster area will include fence screening with access from the east-west alley away from
the public street. The open surface parking lot in the rear of the property with access from the
alleys is desirable and meets the location guidelines for downtown developments.
Compliance with the Comprehensive Plan
The proposed extended stay hotel is consistent with the 2000 Comprehensive General Plan.
The Plan includes specific goals and objectives to enhance and preserve the residential
areas while promoting the growth and redevelopment of underutilized business, commercial
and industrial areas in Evanston.
The Plan calls for diverse range of business and commercial areas with an attractive,
convenient and economically vital center of diverse activity. The proposed hotel is a
permitted and desirable use in the D-4 district. The proposed use will fill a void in the market
place as there are no other extended stay hotels in the near north suburbs of Chicago. The
hotel guests will also add to the daytime population of the downtown and further contribute to
its vitality.
Legislative History
March 12, 2014 – The Plan Commission made a positive recommendation to the City Council
by a vote of 5:0. The Commission recommended the City Council make a decision if the
applicant must preserve the existing elm tree in the rear of the property, be allowed to
remove the tree and plant a new tree instead or pay a fee in-lieu of the tree installation. The
Commission found the proposed parking lot in the rear of the building with seven parking
spaces having a direct access off of the alleys is appropriate considering the downtown
location of the site and the fact that surrounding properties have similar parking arrangement
and access off of the alley. The Commission concluded by saying the proposed use is an
excellent fit for the site and the proposed building design will complement surrounding uses
and properties.
Attachments
Click here for the attachments:
http://cityofevanston.files.wordpress.com/2014/04/p3-1515-chicago-avenue-planned-dev-
final-4-28-ce.pdf
Ordinance 53-O-14
Items submitted by residents at Plan Commission meeting
Plan Commission Meeting Minutes-Draft, March 12, 2014
SPAARC Meeting Minutes, February 12, 2014
Construction Staging Plan
Project LEED Checklist
Plan Commission packet, March 12, 2004
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For City Council meeting of April 28, 2014 Item H1
Resolution 29-R-14: Noyes Leases
For Action
To: Honorable Mayor and Members of the City Council
Human Services Committee
From: Joe McRae, Director of Parks, Recreation and Community Services
Christina Ferraro, Assistant Director of Community Services
Subject: Approval of Resolution 29-R-14, Authorizing Renewal of Noyes Cultural
Arts Center Tenant Leases
Date: April 28, 2014
Recommended Action:
City staff recommends City Council approval of Resolution 29-R-14 authorizing the City
Manager to enter into agreements for 8 month lease term for the artist leases for spaces
at the Noyes Cultural Arts Center. The Human Services Committee approved a 3%
increase in Noyes Cultural Arts Center tenant monthly leases effective May 1, 2014 –
December 31, 2014.
Funding Source:
Revenues are deposited into the Noyes Cultural Arts Business Unit 3710.
Summary:
The studio leases are for an eight-month term (05/01/2014-12/31/2014). The lease
agreements for the resident artist studios at the Noyes Cultural Arts Center (NCAC) are
renewed annually to allow the option for fee increases and to gain approval of the
tenants’ current year community service proposals. This lease term is set to begin on
May 1, 2014 and will run for eight months through December 31, 2014 as the process
was delayed with the Noyes Tenant Association and Arts Council recommendations.
The 2013 leases were extended through April 30, 2014 at the 2013 rates. The
proposed 2014 eight month lease rates include a three percent increase from 2013.
Tenants will continue to be required to adhere to community service obligations as
required in the past lease agreements, with an option to pay a 15% additional surcharge
on the annual rent amount in lieu of community service.
For the term beginning on May 1, 2014, there are 19 studio leases: Evanston Art
Center leases four spaces (studios B-1, B-2, B-12, and B-13), Jack and Elise Lerman
rent two spaces (studios 211 and 216). Barbara Goldsmith leases B10A, Mary Anne
Memorandum
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Page 2 of 2
Brown leases B10B, Sally Piepmeier leases studio 212, Theatre Zarko lease studio 213,
Jennifer Presant leases studio 217, Fay Kaiser leases studio 218, Esther Williams-
Hayes leases studio 219, Sarah Kaiser leases studio 220, Maggie Weiss leases studio
221, Naomi Sondak leases studio 224. Additionally, several leases are for shared
studio space by individuals/groups (Laura and Leslie Hirshfield co-lease B6, Oettinger
and Ganch and Rea co-lease studio 215; Schiff and Malik co-lease studio 214).
One studio is devoted to community use (106) and one studio is designated for the
Fleetwood-Jourdain Theatre (studio 223). These studios do not require a lease.
Piven Theatre Workshop, the Actors Gymnasium, Next Theatre Company and Art
Encounter leases will be presented to City Council in May 2014 as the terms of their
agreements must be amended. Based upon these amendments there will potentially be
three vacant spaces available for rent at Noyes: B11, studio 109 and studio 222.
These will be discussed at the City Council meeting in May 2014
Attachments:
Resolution 29-R-14
Copy of Studio Master Lease
Appendix B - Community Service Requirements
Appendix C - General Rules and Regulations
Appendix D – additional fees for resident artists
Appendix E – Time of Use
Appendix F – Termination of One co-lessee
Appendix G – Insurance Requirements
Appendix H – Miscellaneous Definitions
List of tenants, studio number, square footage, and 2014 monthly rent amount
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4/22/14
29-R-14
A RESOLUTION
Authorizing the City Manager to Enter into Renewal Lease
Agreements with Resident Artists for Studio Spaces at the Noyes
Cultural Arts Center
WHEREAS, the City of Evanston owns certain real property, including
the property commonly known as the Noyes Cultural Arts Center at 927 Noyes Street,
Evanston, Illinois; and
WHEREAS, the City currently leases and seeks to renew lease
agreements for studio spaces in the Noyes Cultural Arts Center to resident artists; and
WHEREAS, the City Council has determined that it is in the best
interests of the City of Evanston to continue to lease the aforementioned studio
spaces, and to execute renewal lease agreements with resident artists.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized and directed to
sign, and the City Clerk is hereby authorized and directed to attest on behalf of the
City of Evanston, all renewal lease agreements for studio spaces by and between the
City and various resident artists of the Noyes Cultural Arts Center for the period of
May 1, 2014 through December 31, 2014. The studio space lease agreements shall
be in substantial conformity with the lease attached as Exhibit “A” (“Master Studio
Lease”) and incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional terms and conditions for the lease agreements for the
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29-R-14
aforesaid studios as may be determined to be in the best interests of the City and
approved as to form by the Corporation Counsel.
SECTION 3: Resolution 29-R-14 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: __________________, 2014
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29-R-14
EXHIBIT A
MASTER STUDIO LEASE
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LESSEE DATE
_______________________________________________________ ____________
1
This Master Studio Lease Agreement (the “Lease”) is executed on the ______
day of ___________, 2014, by and between The City of Evanston, an Illinois municipal
corporation and a home rule unit of the State of Illinois ("Lessor"), and
______________________(“Lessee"), an __________________. The Lessor and the
Lessee shall be collectively referred to as the “Parties”.
1. RENTAL RATE
A. Lessee will pay Lessor the rental rate set forth on Page 1 of this Lease, per
month and due on or before the 1st day of each month for the term of the Lease, as
defined in Paragraph 2 (the “Rent”).
B. LATE CHARGES. Late fees will be assessed for rent due and owning to Lessor
and all other invoiced charges in the amount of 10% of the invoice or $50.00, whichever
is greater. Late fees only apply if the administrative office of the Noyes Cultural Arts
Center (“NCAC”) or the Department of Parks, Recreation and Community Services
receives payment AFTER 5:00 p.m. on the fifth day of each month for rent and/or if
payment is received after 5:00 p.m. on the due date as specified on the invoice for all
other charges. Invoiced charges may also be placed in the rent drop box slot located
on the bottom portion of the door of the NCAC administrative office (room 100) by 5:00
p.m. on the due date specified on the invoice. See Appendix D. Assessed late fees not
paid by the due date specified on the invoice will be billed double the amount on the
next billing cycle.
C. The Lessee is liable for all lease fees, including any late fees or fees for
additional services, and for any damage, upkeep or losses to the NCAC building
furniture or equipment caused or attributable to Lessee, Lessee’s invitees, Lessee’s
agents or employees, during the Lease Term. Additional fees include but are not limited
to: parking fees, custodial overtime, utility fees, and other accrued charges. The Lessor
may bill other charges separately. See Appendix D.
D. All payments shall be paid to: Noyes Cultural Arts Center
927 Noyes Street
Evanston, IL 60201
Or City of Evanston Parks, Recreation and
Community Services Department
Lorraine H. Morton Civic Center
2100 Ridge Avenue, First Floor
Evanston, IL 60201
2. TERM OF LEASE
A. Initial Term: The initial term of this Lease will be for 8 months and will
commence on May 1, 2014 and terminate on December 31, 2014.
B. Second-Year Term: The Lessee has the option to renew the lease for a one year
term beyond the Initial Term, January 1, 2015 to December 31, 2015.
C. Third-Year Term: The Lessee has the option to renew the lease for a one year
term beyond the Initial and Second Term, January 1, 2016 to December 31, 2016.
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LESSEE DATE
_______________________________________________________ ____________
2
D. Terms of Exercising the Option to Renew: The rent for each term is set forth
above. All lease provisions shall remain the same, except that 1) all applicable new
legislation shall be herein incorporated into the terms of the Lease by reference as
though specifically stated; 2) Community Service requirements between Lessee and the
Lessor shall be renegotiated; 3) the Rent shall increase by an amount to be determined
solely by the Lessor, but not to exceed ten percent (10%) of the previous year’s monthly
Rent, and 4) the Lessor reserves the right to revise the Lessee’s insurance
requirements as to type(s) of coverage and policy amounts. The Parties acknowledge
and agree that the leased spaces at the NCAC are leased below market rental rates for
comparable spaces. Prior to execution of this Lease, and within 10 days of the first
month of any beginning term of this Lease, all Lessees must provide the Lessor with a
copy of their Annual Charitable Organization Report Form AG900-IL filed with Illinois
Attorney General (if not-for-profit) or Federal Income Tax Return 1040 Schedule C,
1120-S or 1065 (if for-profit). Lessor reserves the right to not renew the Lease
Agreement, see Paragraph 12.
3. LEASED PREMISES.
Lessor leases to Lessee the workspace (the “Leased Premises"), situated at 927
Noyes, Suite _____, Evanston, Illinois 60201. The Leased Premises are part of a
cultural arts center containing other leased spaces, a parking area and common
facilities. The commercial center is known as the Noyes Cultural Arts Center. The term
"Common Facilities" as used in this Lease will include those facilities within the Noyes
Cultural Arts Center for the nonexclusive use of Lessee in common with other
authorized users, and includes, but is not limited to, sidewalks, planted areas, open
means of ingress and egress, and the parking area.
4. MOVING
If the Lessor requires vacation of the Leased Premises and/or relocation within the
NCAC, excluding an emergency, the Lessor will give Lessee at least sixty (60) days
written notice. The Lessor will arrange for, and bear the cost of, moving Lessee’s
equipment, personal property, and other items (excluding computers, wiring, and
telephones) into a comparable space with comparable amenities within the NCAC. If a
comparable space is not available or if Lessee/Sub-lessee does not accept the space
offered by the Lessor, Lessee/Sub-lessee will vacate the Leased Premises by the end
of the 60-day notice period. If Lessee fails to vacate by the date determined in writing
from the Lessor, Lessee will be charged a $25.00 per day storage fee or a daily storage
fee based on the per diem cost of the leased space whichever is greater.
5. CONDITION AND UPKEEP OF LEASED PREMISES
Lessee represents that it has examined the Premises, and has received the Premises in
good order and repair, and acknowledges that no representations to the condition or
repair thereof have been made by the Lessor or its agent prior to or at the execution of
this Lease that are not herein expressed or endorsed hereon. The Lessee’s taking
possession shall be conclusive as evidence against the Lessee that the Leased
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LESSEE DATE
_______________________________________________________ ____________
3
Premises were in good order and satisfactory condition when the Lessee took
possession except for a list of items to be completed or repaired, signed by the Lessor
and Lessee prior to Lessee’s occupancy. No promise by the Lessor or the NCAC staff
to alter, remodel, decorate, clean or improve the Leased Premises or the NCAC and no
representation has been made by Lessor or the NCAC staff to Lessee respecting the
condition of the Leased Premises unless the same is expressly contained herein.
6. CARE, MAINTENANCE AND CUSTODIAL SERVICES
A. The Lessee shall, at the Lessee's own expense, keep the Leased Premises in
good condition and shall pay for the repair of any damages caused by the Lessee, its
agents, employees or invitees. The Lessee shall keep the Leased Premises in clean
condition and presentable to the public. The Lessee shall pay the Lessor for overtime
wages for staff and for any other related expenses incurred in the event that repairs,
alterations, decorating or other work in the Leased Premises are not made during
ordinary business hours at the Lessee's request.
B. Lessee will keep the Leased Premises, including all walls, surfaces and
appurtenances, in good repair. At no time shall Lessee move, remove, handle, injure or
disturb any property not theirs on or in the Leased Premises. Lessee shall be
responsible for repairs, damages and losses for damages sustained outside the Leased
Premises attributable to Lessee’s activities or invitees. All damage must be reported in
writing to the Director of Parks, Recreation and Community Services, or his or her
designee, by the next City of Evanston business day. Repairs by Lessee 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. If
Lessee fails to make the necessary repairs by the date determined by the Lessor, the
Lessor has the option to make the necessary repairs and Lessee agrees to promptly
pay for those repairs upon presentation of an invoice by the Lessor to the Lessee. The
Lessor may terminate this Lease for Lessee’s failure to make the necessary repairs by
the due date. Lessees are required upon lease termination to leave space in the same
or better condition than at beginning of lease. Normal wear and tear accepted. See
Appendix C.
7. MACHINERY, HOUSING ACCOMODATIONS, INFLAMMABLES, WATER
A. Unless the Lessor gives prior written consent in each and every instance, the
Lessee shall not: install or operate any steam or internal combustion engine, boiler,
machinery, refrigerating or heating device or air-conditioning apparatus in or about the
Leased Premises; carry on any mechanical business in the Leased Premises, use the
Leased Premises for housing accommodations, lodging, or otherwise for sleeping
purposes, do any cooking therein, install or permit the installation of any vending
machines, use any illumination other than electric light, use or permit to be brought into
the NCAC any inflammable oils or fluids such as gasoline, kerosene, naphtha and
benzene, or use any explosive or other articles hazardous to persons or property.
B. The Lessee shall not waste water by tying, wedging or otherwise fastening open,
any faucet.
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LESSEE DATE
_______________________________________________________ ____________
4
C. The Lessee shall not install in the Leased Premises any equipment which uses a
substantial amount of electricity without the prior written consent of the Lessor.
8. ALTERATIONS
A. The Lessee shall not do any painting or decorating, or erect any partitions, make
any alterations in or additions to the Leased Premises or to the NCAC, or do any
nailing, boring or screwing into the ceilings, walls or floors, without the Lessor's prior
written consent in each and every instance. Unless otherwise agreed by the Lessor and
Lessee in writing, all such work shall be performed either by or under the direction of the
Lessor, but at the cost of Lessee. The Lessee shall furnish the following to the Lessor
for approval before commencement of the work or delivery of any materials onto the
Leased Premises or into the Noyes Cultural Arts Center:
1. plans and specifications;
2. names and addresses of contractors;
3. copies of contracts;
4. necessary permits including, but not limited to, electrical;
5. indemnification in form and amount satisfactory to the Lessor and
certificates of insurance from all contractors performing labor or furnishing materials,
insuring against any and all claims, costs, damages, liabilities and expenses which may
arise in connection with the alterations or additions and naming the Lessor as an
additional insured.
B. The Lessor’s decision to refuse or approve such consent shall be conclusive.
Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby
agrees to hold the Lessor and its respective agents and employees harmless from any
and all liabilities of every kind and description which may arise out of or be connected in
any way with said alterations or additions. Any mechanic's lien filed against the Leased
Premises, or the NCAC of which the same form a part, for work claimed to have been
furnished to the Lessee shall be discharged of record by the Lessee within ten (10) days
thereafter, at the Lessee's expense, see Paragraph 11 for further terms. Upon
completing any alterations or additions or at the request of the Lessor, the Lessee shall
furnish the Lessor with contractors' affidavits and full and final waivers of lien(s) and
use. All alterations and additions shall comply with all insurance requirements and with
all ordinances, state and federal laws and regulations and other requirements of any
pertinent governmental authority. All alterations and additions shall be constructed in a
good and workmanlike manner and good grades of materials shall be used.
C. All additions, decorations, fixtures, hardware, non-grade fixtures and all
improvements, temporary or permanent, in or upon the Leased Premises, whether
placed there by the Lessee or by the Lessor, shall, unless the Lessor requests their
removal, become the Lessor’s and shall remain upon the Leased Premises at the
termination of this Lease by lapse of time or otherwise without compensation or
allowance or credit to the Lessee. If, upon the Lessor’s request, the Lessee does not
remove said additions, decorations, fixtures, hardware, non-grade fixtures and
improvements, the Lessor may remove the same and the Lessee shall pay the cost of
such removal to the Lessor upon demand.
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LESSEE DATE
_______________________________________________________ ____________
5
9. LESSEE NOT TO MISUSE, SUBLET, ASSIGN
A. Lessee will not allow said Leased Premises to be used for any purpose other
than that specified in Appendix A and only for Lessee’s activities for the Leased
Premises. Lessee will not allow said Premises to be occupied in whole or in part by any
other person for reasons not approved in writing in advance by the Director of Parks,
Recreation and Community Services, or his or her designee, and will not assign or
sublet the same nor any part thereof, nor lend, transfer, reproduce or give out keys for
any door other than those provided by the Lessor without the prior written consent of the
Director of Parks, Recreation and Community Services or his or her designee. No locks
or similar devices, other than those provided by the Lessor, shall be attached to any
door.
B. This Lease may not be assigned by either party without the prior written
consent of the Lessor;
C. Lessee shall not co-produce, sponsor, or co-present additional programs,
whether or not they generate revenue.
D. Lessee understands and agrees that the NCAC and the Leased Premises are
public property and that all activities and productions must be consistent with this public
status. Slanderous, libelous, obscene, unlawful, or hazardous actions and/or words are
prohibited. Any violation of this provision may, at the Lessor’s option, be a material
breach of the Lease. See Appendix C.
E. Lessee shall not permit any alteration, renovation, installation, or addition to
any part of Leased Premises, or in the public areas of the NCAC, except by the prior
written consent of the Director of Parks, Recreation and Community Services or
designee. The cost of all such alterations and additions to said Leased Premises shall
be borne by Lessee, and shall be performed in accordance with all applicable legislation
and may require Lessee to provide the Lessor in advance of such work with insurance
in type, form and amount satisfactory to the Lessor. Fixtures shall remain for the benefit
of the Lessor unless the Lessor determines otherwise prior to installation, and notifies
Lessee in writing of said determination. Improvements made by the Lessee to the
studio are fixtures if they require removal and/or replacement of an existing fixture, or
installation into or on the foundation, walls, ceiling, floors or windows.
10. TERMINATION
A. Any party hereto may terminate this Lease for any reason upon written notice to the
other party hereto, said notice to be delivered not less than ninety (90) days prior to the
first day of the month of the contemplated termination. See Appendix F.
B. The Lessor may also terminate this Lease for cause. “Cause” is a material breach of
the Lease by the Lessee, including, but not limited to failure to pay rent; failure to
provide all required insurance and indemnity; performances and actions inconsistent
with the public ownership of the Leased Premises; and actions which create or may
create a hazard to the public health, welfare and safety. The Lessor will provide Lessee
an opportunity to cure any default (the “Cure Period”). The Cure Period may be up to
30 days; however, a method and schedule to cure must be provided to the Director of
Parks, Recreation and Community Services in writing within 24 hours of the next
business day of the Lessor’s notification to the Lessee. Lessee understands that there
is no entitlement to a 30-day cure period, but subject to the discretion of the City.
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LESSEE DATE
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Thereafter, if the cure is not completed, the Lessor may terminate this Lease with
fourteen (14) days notice to Lessee unless the “cause” is a fore-described hazard to the
public, in which case the Lessor may terminate the Lease with five (5) days notice.
C. Notwithstanding anything to the contrary elsewhere in this Lease, if Lessee fails
to maintain all insurance as required by this Lease, Lessee shall, upon written notice
from the Lessor, cease all operations immediately and shall have no access whatsoever
to its Leased Premises. The Lessor shall have no liability to Lessee for any claim of lost
profits, revenues or opportunities. The Lessor may, but is not obligated to, give Lessee
an opportunity to comply with the insurance requirements of this Lease. In such event,
the Lessor reserves the right to increase required policy limits and/or to require Lessee
to purchase additional types of insurance if doing so is in the interests of the public
welfare. Any cure period the Lessor gives regarding insurance may be given in
increments of one business day. Any cure period given does not obligate the Lessor to
give additional cure period(s). The Lessor shall have the option of declaring the Lessee
in default for failure to comply with the insurance requirements of this Lease. In the
event Lessee fails to provide satisfactory evidence of insurance and the Lessor has
denied access, Lessee is still liable for rent of the Leased Premises and other charges
as assessed. See Paragraph 12 for Insurance obligations for the Lessee.
D. Holding Over; Surrender of Premises. Lessee will, at the termination of this
Lease, leave the premises in as good condition as they are in at the time of entry by
lessee, except for reasonable use and wear, acts of God, or damage by casualty
beyond the control of Lessee. On vacating, Lessee will leave the premises clear of all
rubbish and debris. If Lessee retains possession of the Premises or any part thereof
after the termination of the term by lapse of time or otherwise, then Lessor may at its
option within thirty days after termination of the term serve written notice upon Lessee
that such holding over constitutes (a) renewal of this lease for one year, and from year
to year thereafter, at double the rental (computed on an annual basis) specified in
Section III, or (b) creation of a month to month tenancy, upon the terms of this Lease
except at 200% the monthly rental specified rent. If no such written notice is served
then a month to month tenancy with rental as stated at (b) shall have been created.
Lessee shall also pay to Lessor all damages sustained by Lessor resulting from
retention of possession by Lessee. The provisions of this paragraph shall not constitute
a waiver by Lessor 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 Lease for a breach of any of the covenants herein.
11. LIENS AND INDEMNITY.
A. Liens and Encumbrances. The Lessee will hold the Lessor harmless from all
claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of
any work or activity of Lessee on the premises. Lessee will, within Sixty (60) days after
filing of any lien, fully pay and satisfy the lien and reimburse Lessor for all resulting loss
and expense, including a reasonable attorney's fees. Provided, however, in the event
that Lessee contests any lien so filed in good faith and pursues an active defense of
said lien, Lessee shall not be in default of this paragraph. However, in the event of any
final judgment against Lessee regarding such lien, Lessee agrees to pay such judgment
and satisfy such lien within 60 days of the entry of any such judgment.
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B. If lessee fails 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 Lessee either by a court of
competent jurisdiction or by arbitration and Lessee still persists in non-payment of the
same within the 60 day set forth above, Lessor 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 lessee 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 Lessor
by Lessee.
C. Waiver and Release of Liability. Lessee covenants to indemnify Lessor, Lessor’s
agents, employees, attorneys, officers and directors, and the Leased Premises and/or
the NCAC against liability arising from the use of the Leased Premises, parking area or
common facilities by Lessee or any persons acting under the control of Lessee. Lessee
will indemnify Lessor for any penalty or charge incurred by any violation of law by
Lessee or any persons acting under the control of Lessee, and from any damage or
expense arising from the death of or injury to any persons holding under Lessee, or by
Lessor if named as a party Defendant in defending any such proceeding, including
reasonable attorney’s fees.
12. NON-RENEWAL
Notwithstanding the provision of Paragraph 2 of this Lease, the Lessor may decline to
renew the Lease, upon 21 days written notice to the Lessee or sooner, if in the Lessor’s
sole determination, Lessee’s use creates a hazard to the public health, welfare or
safety. Lessee shall be afforded the opportunity to cure defects and/or hazards prior to
non-renewal or termination of lease upon written request by Lessee and with written
approval by the Director of Parks, Recreation and Community Services, or his or her
designee, and at Lessee’s own expense. Defects must be cured to the Lessor’s
satisfaction in the time specified by the Lessor. Lessee’s failure to provide and maintain
insurance required hereunder shall be presumed to create a hazard to the public health,
welfare and safety. Such failure shall be cause for the Lessor to require Lessee to
cease all activities at the Leased Premises immediately upon written notice to do so by
the Lessor.
13. COMMUNITY SERVICE
Lessee hereby covenants and agrees to perform during the term of this Lease the
Community Service activity set forth and defined in Appendix B. Community Service is
as approved in advance by the Evanston Arts Council and calculated at 15% over and
above the annual rent as detailed on page one (1) of this Lease. Lessee may request
to opt out of Community Service by submitting a written request to the Director of Parks,
Recreation or Community Services or his or her designee. If the Community Service
opt-out is approved, Lessee agrees to pay a monthly rent amount that is 15 percent
higher than the prevailing square footage rental rate at NCAC.
14. INSURANCE LIABILITY PROVISIONS
A. Comprehensive General Liability Policy. Lessee shall, during the entire term
hereof, keep in full force and effect a Comprehensive General Liability policy with
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respect to the Leased Premises, and the business operated by the Lessee and any
subtenants of the Lessee in the Leased Premises, in which bodily injury limits and
property damage limits shall be as set forth in Appendix G to this Lease. Lessee shall
also insure the following indemnity provisions and such agreement shall be clearly
recited in the Insurance Policy:
“Lessee covenants and agrees that it will protect and save and keep the Lessor forever
harmless and indemnified against and from any penalty or damages or charges
imposed for any violation of applicable laws or ordinances, including, but not limited to,
violations of the ADA, or for any penalty or damages imposed as a result of accidents or
other occurrences, relating to Lessee’s use of the leased premises or the NCAC
whether occasioned by neglect of Lessee or those holding under Lessee, and including,
but not limited to issues arising or alleged to have arisen out of failure to comply with the
ADA. The Lessee shall indemnify, protect and hold harmless the City of Evanston, its
agents, officials and employees, against all injuries, deaths, loss, damages, claims,
patents’ claims, suits, costs and expenses that may in anywise accrue against the City
in consequence of the granting of this lease or which may in anywise result therefrom,
whether or not it shall be alleged or determined that the act was caused through the
negligent act or omission of the Lessee or his employees, if any, and the Lessee shall,
at his own expense, appear, defend and pay all charges of attorneys and all costs and
other expenses arising therefrom or incurred in connection therewith; and, if any shall
be rendered against the City in any such act, the Lessee shall, at his own expense,
satisfy and discharge same.”
In the event of any conflict between the language of the insurance policy(s) and the
above-recited indemnity provisions, the indemnity provision stated above shall govern.
B. Certificate of Insurance. Lessee and any Sub-lessees shall furnish the original
Certificate of Insurance to the Director of Parks, Recreation and Community Services or
designee. The Certificate of Insurance must run concurrent with this Lease term and all
terms of renewal set forth in Paragraph 2. The Certificate must name the Lessor as an
additional insured with an insurance company acceptable to the Lessor and it shall be
the responsibility of the Lessee to furnish the Director of Parks, Recreation and
Community Services or designee with updated, original Certificates of Insurance
covering the current lease term. The City of Evanston must be named as an additional
insured on the Lessee’s policy and failure to do so is a material breach of this Lease.
Updated Certificates must be received no later than the current Certificate expiration
date held by Lessor. Lessee and Sub-lessee shall furnish, where requested, a certified
copy of the policy to the Lessor. Lessee will instruct the Insurance Company to notify
the Lessor of any changes or cancellation of Policy. The Policy will provide, in the event
the insurance should be changed or cancelled, such cancellation shall not be effective
until thirty (30) days after the Lessor has received written notice from the insurance
company(s). An Insurance Company having less than an A plus Policyholder’s Rating
established by the Alfred M. Best Company will not be acceptable. All Lessees must
provide evidence satisfactory to the City of Evanston of compliance with the insurance
requirements of this Lease before or at the signing of a new Lease and before renewing
a Lease.
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15. ADDITIONAL INSURANCE
The Lessor reserves the right to require additional insurance from Lessee and any Sub-
lessees because of any increased risk, improvements made by Lessee or any Sub-
lessees or liability not satisfactorily covered, in the Lessor’s sole opinion, by the above
insurance requirements, and Lessee agrees to promptly provide same.
16. AMERICANS WITH DISABILITIES ACT (“ADA”)
All Noyes Resident Artist classes, programs and activities are subject to all applicable
laws regarding non-discrimination, including the ADA. ADA prohibits discrimination on
the basis of disability. Reasonable accommodations must be made in all NCAC
activities and services to enable participation by an individual with a disability.
Compliance with the ADA in respect to Lessee/Sub-lessee’s activities is the
responsibility of Lessee/Sub-lessee.
17. NON-LIABILITY OF LESSSOR
The Lessor will neither be liable for any damage nor loss of revenue occasioned by
failure to keep the building in repair, including but not limited to: lights and fuses and
any problems associated with electrical malfunctions; the heat not operating properly;
any damage or loss of revenue caused or occasioned by or from plumbing, gas, water,
sprinkler, steam or other pipes or sewage; the bursting, leaking or running of any pipes,
tank, or plumbing fixtures, in, above, upon or about the building; any damage or loss of
revenue caused or occasioned by water, snow or ice being upon or coming through the
roof, skylights or trap; neglect of any owners or occupants of adjacent or contiguous
property; or by public or private nuisances, regardless of cause or sources.
18. FIRE/CASUALTY
A. If a substantial portion of the Leased Premises or the NCAC is made
untenantable by fire or other casualty, the Lessor may elect to:
1. Provide available comparable space within the NCAC, or repair the Leased
Premises within sixty (60) days. If the Lessor elects to repair the Leased Premises
option but fails to repair the premises within sixty (60) days or upon the destruction of
premises by fire, the Lease term shall cease as of the date of the casualty. All
outstanding debts and Rent accruing to the Lessor from Lessee prior to date of casualty
whether invoiced prior to casualty or not must be paid to the Lessor. The Rent will be
calculated on a per diem basis prior to the date of the casualty.
2. To terminate this Lease as of the date of the fire or casualty by notice to the
Lessee within sixty (60) days after that date, or
3. Proceed with all due diligence to repair, restore or rehabilitate the NCAC
and/or the Leased Premises at the Lessor’s expense, in which latter event this Lease
shall not terminate.
4. In the event the Lease is not terminated pursuant to these provisions, rent
shall abate on a per diem basis during the period of untenantability. In the event that
the NCAC or the Leased Premises are partially damaged by fire or other casualty but a
substantial portion of the NCAC or the Leased Premises are not made untenantable,
then the Lessor shall proceed as promptly as it can under the circumstances to repair
and restore the Leased Premises or the NCAC and the rent shall abate in proportion to
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the non-usability of the Leased Premises during the period of untenantability. If an
insubstantial portion to the Leased Premises is made untenantable, the Lessor shall
have the right to terminate this Lease as of the date of the fire or other casualty by
giving written notice thereof to Lessee within sixty (60) days after the date of fire or
other casualty, in which event the rent shall be apportioned on a per diem basis and
paid to the date of such fire or other casualty.
5. If the Leased Premises or the NCAC are made untenantable or not useable
for the purposes allowed in this Lease, the security deposit will be refunded to Lessee if,
and as a result of, war, terrorism, insurrection, civil commotion, riots, acts of God or the
enemy, governmental action, strikes, lockouts or picketing, such condition continues for
a period of one week, then Lessee shall have the right to terminate this Lease
retroactively as of the date of the untenantability or unusable condition, by giving the
Lessor written notice and vacating the Leased Premises immediately. Such right to
terminate shall be Lessee's sole remedy and under no circumstances shall the Lessor
have any liability for damages of any nature whatsoever, including, without limitation,
business interruption, incidental or consequential.
B. Lessee shall have no recourse for any type of compensation, damages,
reimbursement, costs, or insurance proceeds whatsoever against the Lessor for any
artwork or other property of any type which was lost or damaged by fire or other
casualty, or for any artwork or other property of any type which remains in the leased
premises or in or on any location owned or operated by the Lessor after lease
termination or non renewal.
19. OCCUPATIONAL HEALTH AND SAFETY ACT (OSHA)
Lessee covenants and agrees that the use of any and all power tools, chemicals, or
other harmful or potentially harmful products, devices, or materials on the Leased
Premises by Lessee, its agents, employees, students, or any individuals shall be under
the care, control or tutelage of Lessee shall be governed by the Occupational Health
and Safety Act of 1980 as now or hereafter as amended.
20. SECURITY DEPOSIT
Lessee agrees to deposit with the Lessor a sum equal to one month’s rent upon the
execution of this Lease, as security for the full and faithful performance by Lessee of
each and every term, provision, covenant, and condition of this Lease. If Lessee
defaults in respect to any of the terms, provisions, covenants and conditions of this
Lease including, but not limited to, payment of the rent, the Lessor may use, apply, or
retain the whole or any part of the security deposited for the payment of any such rent in
default, or for any other sum which the Lessor may expend or be required to expend by
reason of Lessee's default including, without limitation, any damages or deficiency in the
reletting of the Leased Premises whether such damages or deficiency shall have
accrued before or after any re-entry by the Property’s Owner. If any of the security
deposit shall be so used, applied or retained by Lessor at any time or from time to time,
Lessee shall promptly, in each such instance, upon rendition of an invoice and/or on
written demand therefore by the Lessor, pay to the Lessor such additional sum as may
be necessary to restore the security to the original amount set forth in the first sentence
of this paragraph. Except as otherwise required by law, Lessee shall not be entitled to
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any interest on the aforesaid security. In the absence of evidence satisfactory to the
Lessor of an assignment of the right to receive the security or the remaining balance
thereof, the Lessor may return the security to the original Lessee, regardless of one or
more assignments of this Lease. Upon the transfer of the Lessor’s interest under this
Lease, the Lessor’s obligation to Lessee with respect to the security deposit shall
terminate upon assumption of such obligation by the transferee.
21. ATTORNEY’S FEES
Lessee shall pay and discharge all costs, attorney fees and expenses that shall be
made and incurred by the Lessor in enforcing the agreements of this lease and all the
parties to this lease agree that the agreements herein contained shall be binding upon,
apply, and inure to their respective successors and assigns.
22. PARTIES
The City, as the Lessor, and Lessee(s) hereto understand and agree that where two or
more persons have executed this lease as Lessee, the word “Lessee” shall be
construed to refer to and encompass all such persons and all Lessees and Sub-lessees
signing this Lease and shall be jointly and severally liable for the entire rent and for the
performance of all other covenants herein. Where necessary to effectuate the purpose
of this lease, “Lessee” shall be read as “Lessees,” “tenant,” “co-lessee” or “Sub-
lessees”; “its” shall be read as “his/her/their.” Where a joint lease has been approved,
and when one or more Lessees terminate this lease with the required ninety (90) days’
notice as outlined in Paragraph 10, the remaining Lessee named as Lessee of this
lease (not Sub-lessee), see Appendix F, will automatically assume full compliance of
this lease effective on the termination date of the terminating party, and continuing
throughout the current lease period. The Leased Premises, in whole or in part, shall not
be sublet by Lessee without the prior written consent of Lessor. At Lessor’s option,
should Lessor consent to any assignment or sublease of the demised premises, Lessee
shall nevertheless remain liable for all terms and conditions of this Lease until the
expiration of the lease term stated above.
23. THE LESSOR’S ACCESS TO LEASED PREMISES
The Lessor shall have the right to retain a set of keys to the Leased Premises, and
Lessee shall not change any locks without the Lessor's prior written authorization, and
without providing the Lessor with keys for such new locks. The Lessee shall permit the
Lessor to erect, use and maintain pipes, ducts, wiring and conduits in and through the
Leased Premises. The Lessor or the Lessor's agents shall have the right to enter upon
the Leased 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 decorations, repairs, alterations, improvements or additions to the Leased
Premises or the NCAC as the Lessor may deem necessary or desirable, and the
Property’s Owner shall be allowed to take all material into and upon Leased Premises
that may be required therefore without the same constituting an eviction of the Lessee
in whole or in part and the rent reserved shall in no wise abate while said decorations,
repairs, alterations, improvements, or additions are being made, by reason of loss or
interruption of business of the Lessee, or otherwise. If the Lessee shall not be
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personally present to open and permit an entry into Leased Premises, at any time, when
for any reason an entry therein shall be necessary or permissible, the Lessor or the
Lessor's agents may enter the same by using the key, or may forcibly enter the same,
without rendering the Lessor or such agents liable therefore (if during such entry the
Lessor or the Lessor's agents shall accord reasonable care to Lessee's property), and
without in any manner affecting the obligations and covenants of this Lease. Nothing
herein contained, however, shall be deemed or construed to impose upon the Lessor
any obligations, responsibility or liability whatsoever, for the care, supervision or repair
of the NCAC or any part thereof, other than as herein provided. The Lessor shall also
have the right at any time without the same constituting an actual or constructive
eviction and without incurring any liability to the Lessee therefore, to change the
arrangement and/or location of entrances or passageways, doors and doorways, and
corridors, stairs, toilets or public parts of the NCAC, and to close entrances, doors,
corridors or other facilities. The Lessor shall not be liable to the Lessee for any
expense, injury, loss or damage resulting from work done by persons other than the
Lessor in or upon, or the use of, any adjacent or nearby building, land, street, or alley.
24. NOTICES
All notices, requests, demands and other communications which are required or
permitted to be given under this Lease shall be in writing and shall be deemed to have
been duly given upon delivery, if delivered personally, or on the fifth (5th) day after
mailing if sent by registered or certified mail, return receipt requested, first-class
postage prepaid, as set forth below. Faxed communications are a convenience to the
parties, and not a substitute for personal or mailed delivery.
If to the City: Director of Parks, Recreation and Community Services
City of Evanston
2100 Ridge Avenue
Evanston, Illinois 60201
Fax (847) 448-8051
Phone (847) 866-2914
with a copy to: Law Department
City of Evanston
2100 Ridge Avenue, Room 4400
Evanston, Illinois 60201
Fax (847) 448-8093
Phone (847) 866-2937
If to the Lessee: at the address first above written.
25. RIDERS
All riders attached to this Lease and initialed by the Lessor and the Lessee are hereby
made a part of this Lease.
26. MISCELLANEOUS
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A. Applicable Law. Lessee agrees to observe all applicable legislation and
regulations in its tenancy and use of the Leased Premises. The law of Illinois, including
its conflicts of law provisions, shall apply to interpretation and enforcement of this
Lease.
B. Litigation. In the event of litigation or claim(s) against the City arising out of this
Lease by anyone other than the Lessee, the Lessee shall cooperate fully with the City.
In the event of litigation between the parties to this lease, the parties waive trial by jury.
Venue shall be within Cook County, Illinois.
C. Severability. In the event any provision(s) of this Lease are found by a court of
competent jurisdiction to be in violation of applicable law, provision(s) unaffected
thereby shall be in effect.
D. Entire Agreement. This Lease shall constitute the entire understanding of the
parties hereto, superseding any and all prior agreements, whether written or oral.
27. AMENDMENTS
This Lease may not be modified or amended except in writing signed by both parties
hereto.
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IN WITNESS WHEREOF, the parties have executed this lease on the
day of , 2014.
LESSOR: CITY OF EVANSTON
an Illinois municipal corporation
By:___________________________________
Its:
Print Name: ___________________________ ATTEST:________________________
LESSEE:
By: ___________________________________
Print Name: ____________________________ ATTEST: _______________________
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APPENDIX A
FLOOR PLAN
NOTE: Area marked in red on the floor plan above represents the path(s) to use during
evacuation of the building in case of fire or fire alarm. See Appendix C, #18.
Shaded areas on the floor plan(s) above represent space(s) the Lessor has agreed to
lease to Lessee, to be used for:
and reasonable related activities of Lessee with prior written approval by the Director of
Parks, Recreation and Community Services or designee.
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APPENDIX B
COMMUNITY SERVICE REQUIREMENTS
FOR
5/1/14 through 12/31/14
REQUIRED AMOUNT: $ TOTAL APPROVED: $
COMMUNITY SERVICE. Community Service activities written above must take place
between 5/1/14 and 12/1/14. Community Service Proposals for the Lease period 1/1/15
through 12/31/15 must be submitted in writing to the Director of Parks, Recreation and
Community Services or designee by November 1, 2014. All Community Service
Proposals for each upcoming term must be submitted by November 1 of each year, and
must be renegotiated and approved in advance of the next term of the lease.
In the event the Lessee does not satisfactorily perform said cultural Community Service,
as outlined above during the term of the lease, the Lessee shall pay the Lessor a
prorated sum based on the value of the outstanding requirement that shall not exceed
15% of the total annual rent. Said prorated sum will be billed to Lessee. Community
Service Activity Report forms must be submitted to the Director of Parks, Recreation
and Community Services or designee no later than ten (10) days after the completion of
the approved Community Service activity. Subsequent renewal of this lease shall be
conditioned upon the completion of said Community Service in a manner satisfactory
and acceptable to the Lessor and any other conditions as established by the Lessor and
communicated in writing to Lessee.
In the event fewer than all Co-lessees terminate this lease, upon request of the
remaining Lessee, or the Lessor, the Director of Parks, Recreation and Community
Services or designee can require the terminating Lessee to perform its obligated
Community Service requirements prior to the termination date. If the terminating
Lessee does not perform its obligated Community Service requirements prior to Lease
termination, the terminating Lessee will be billed, and must pay prior to termination, the
sum of the unperformed community service obligation and any other charges accrued to
Lessee or accrued by the Lessor as a result of unperformed obligations.
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APPENDIX C
GENERAL RULES AND REGULATIONS
CONDITIONS: Lessee and its staff, students, visitors, and patrons agree to follow and
obey the General Rules and Regulations of the Noyes Cultural Arts Center (NCAC).
Said Rules and Regulations are listed below and subject to modification as distributed
and/or posted.
1. REQUIRED USAGE. Each Lessee/Sub-lessee/Co-lessee is required to use the
leased premises a minimum of 25 hours per week and total use time less than this
minimum amount may result in termination of this Lease.
2. SURCHARGE.
A. 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 lease 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.
B. 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
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 Service obligations assessed to Lessee will not
decrease as a result of a sublease.
3. RESIDENT. For purposes of this Lease, an individual is a “resident” of Evanston
if his/her current driver’s license and voter registration card shows an Evanston
address. Parties must notify the Director of Parks, Recreation and Community Services
or designee in writing within ten (10) days of any address change. Upon request of the
Director of Parks, Recreation and Community Services or designee anytime, Lessee
must promptly present a current driver’s license, voter registration card, utility bill and
any other proof of residency required by the Lessor. Failure to submit notification of a
non-Evanston residency will result in a retroactive assessment to include applicable late
fees for each month or portion of any month for which a non-Evanston residency was
established.
4. NOYES CENTER NOTICES AND SIGNAGE. Lessees wishing to have banners
hung, notices displayed, or other material(s) displayed on poles or in the public areas of
the NCAC or grounds including Tallmadge Park and all public area activities
announcement bulletin board(s), doors or walls must obtain prior written approval from
the Director of Parks, Recreation and Community Services or designee before having
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material(s) hung or displayed. Lastly, the Lessee and any sub-Lessees acknowledge
that the City’s Fire Ordinance Title 4, Chapter 12, other applicable provisions within the
City Code, and the Parks, Recreation and Community Services Department’s Banner
Policy govern the activities listed.
5. SMOKING. Smoking is prohibited in or within 25 feet from the entrance of the
NCAC by the City Code. The code is strictly enforced. Violations are punishable by
fines up to and including $750.00 and may constitute a breach of this lease resulting in
termination.
6. ALCOHOL. The consumption of alcohol in the NCAC is permitted, pursuant to a
Class Z3 or Class Z4 liquor license as stated in the Evanston City Code. Such special
one-day licenses shall be issued subject to the following conditions:
Z3
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 class Z3 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
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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 class Z3 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 class Z3 liquor licenses shall be submitted to the
liquor control commissioner in accordance with the provisions of this Subsection Z3.
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.
Z4
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 class Z4 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, 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 license at any time at
the absolute discretion of the Mayor; and upon acceptance of this special
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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 class Z4 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 class Z4 liquor licenses shall be submitted to the
liquor control commissioner in accordance with the provisions of this Subsection Z4.
The liquor control commissioner shall have the authority to grant or refuse to grant
any Z4 license.
8. No more than one (1) such license shall be granted per any facility, per day.
7. ACCIDENTS & POLICE REPORTS.
A. Any incident or injury involving persons at the NCAC (whether medical attention is
received or not given), while attending an activity under the direction of Lessee and/or
staff member of Lessee, or pre-approved user by the Lessor whether occurring in a
Lessee’s studio space, Community Use Rental space or public area of the NCAC, must
be reported on an Accident Report form obtained at the administrative office of the
NCAC. Such reports are to be submitted to the Director of Parks, Recreation and
Community Services or designee no later than 5 p.m. on the next City of Evanston
business day or sooner following the accident.
B. Lessee is responsible for reporting to the Director of Parks, Recreation and
Community Services or designee no later than the next City business day all incidents
under the direction of Lessee and/or staff member of Lessee, occurring at the NCAC
and/or on the NCAC grounds (Tallmadge Park adjacent to the NCAC) which result in a
Police Report being made by the Evanston Police Department. Upon completing the
Police Report, the Lessee must obtain from the Reporting Officer a card bearing the
case number and a copy of the Police Report, and submit it to the Director of Parks,
Recreation and Community Services or designee not later than 5 p.m. on the next City
of Evanston business day or sooner after the Police Report is available.
8. OBSTRUCTIONS.
A. Lessee will not use, or store at any time, any belongings in any non-leased space, or
public areas of the NCAC without prior written consent of the Director of Parks,
Recreation and Community Services or designee, or in any leased or non-leased space
in violation of City of Evanston Fire Prevention Code F-601.1 “Obstructions,” as it may
be subsequently amended: “A person shall not at any time place an encumbrance of
any kind before or upon any fire escape, balcony or ladder intended as a means of
escape from fire. The means of egress from each part of the building, including
stairways, egress doors and any panic hardware installed thereon, aisles, corridors,
passageways and similar elements of the means of egress, shall at all times be
maintained in a safe condition and shall be available for immediate use and free of all
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obstructions.” Failure to observe the provisions of this paragraph may subject the
Lessee to a fine of up to $750.00 per day/per violation and/or to non-renewal of this
lease.
B. Lessee will not display its furnishings in any non-leased space without prior written
approval of the Director of Parks, Recreation and Community Services or designee, and
will not allow its staff, students, patrons or participants to conduct any practice event or
events related to Lessee’s activities in the public areas of the NCAC. Failure to comply
with this provision may result in the City’s refusal to renew this lease for a second
and/or third term.
9. INTERFERENCE/TENANTS. Lessee covenants and agrees that Lessee will
exercise all due caution, care and control to prevent any interference on the part of
Lessee, its agents, employees, students, or other individuals under the care, control or
influence of Lessee, with the practice of art by other tenants in the NCAC building.
Lessee recognizes that, due to the use of the building wherein the leased premises are
located as a cultural arts center, an extraordinary amount of patience and consideration
must necessarily be exercised by all parties to promote the creation of art.
10. TIME OF USE. The NCAC building will be locked at all times when not open in
accordance with the schedule posted in this lease. See Appendix E. Access to the
building by Lessee, its employees, agents, guests, students, or any other individual who
shall seek access to the building by nature of their relationship with Lessee, shall be
limited to the hours designated by the Lessor for the NCAC’s building’s use. Exceptions
to this provision may be made in extraordinary circumstances where Lessee applies in
writing, in advance to Director of Parks, Recreation and Community Services or
designee.
11. SECURITY DEPOSIT.
A. Lessee, at no time during the term of this Lease shall be allowed to apply any part of
said security deposit toward payment of any monies owed under this Lease or in
connection with this Lease.
B. If Lessee fails to make repairs or redecorate as specified in Paragraph 5 of the
Lease, the security deposit shall remain for benefit of the Lessor and will be applied
toward the Lessee’s unfulfilled obligations. Lessee will be billed additional costs over
and beyond the amount of security deposit on file associated with returning the leased
space to its original condition to include but not limited to the Lessor’s staff time and
materials. Upon Lessee’s early termination of the Lease and/or in violation of the notice
requirements of Paragraph 24 of the Lease, all security deposits will be forfeited by
Lessee. In the event any part of the security deposit is applied during the lease term by
the Lessor for breach of any provision of the Lease, Lessee shall, upon rendition of an
invoice by the Lessor, deposit with the Lessor an additional sum equal to one month’s
rent as additional security for the performance of all covenants and agreements of
Lessee hereunder, including Community Service (see Appendix B). Said invoice to be
paid by Lessee not later than the due date as specified in the invoice. The Lessor will
bill Lessee for any unfulfilled Community Service obligations specified in this Lease
unless Lessee secures an alternate Community Service activity, approved in writing, in
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advance by the Director of Parks, Recreation and Community Services or designee,
and performs the Community Service at an alternative time agreed upon with the Lessor
or as agreed upon prior to the end of this lease term. The security deposit will be
returned to Lessee within 45 days of lease termination if money is due to Lessee and/or
45 days after Lessee fulfills lease obligations as applicable.
12. ACCESS AND KEYS.
A. If access is to be gained to Lessee’s studio(s) by individuals other than the Lessee,
the Lessee is required to submit an “Access Form” available at the office, authorizing
access for that individual. Lessee will forever hold the Lessor harmless for any actions
and/or omissions of individuals, and for any damage to, or loss of, contents of Lessee’s
studio(s), mail or mailboxes.
B. Keys to the Leased Premises are available at the office of the Lessor. Lessee will
receive two keys free of charge affording access to only the particular areas leased
hereunder. See Lease Paragraph 9. The Lessor prohibits the reproduction of keys.
Lessee and those holding keys under Lessee will not reproduce keys. The office of the
NCAC will maintain records of all keys issued and returned. Keys will only be ordered
and issued when the office receives a written request from the Lessee or by those
names listed on Lessee’s prior written authorization. The Lessee or its authorized agent
will receive notification when keys are ready to be picked up. Only the individual
receiving the key(s) can sign for that key(s). There will be a $5.00 charge per key for all
keys except in cases where the Lessor incurs a charge more than $5.00 per key to
reproduce. Payment(s) for keys must occur at the time the individual receives the
key(s). Upon lease termination date, in compliance with the Lease terms, Lessee will
pay any cost relating to the lock/core repair or replacement if the Lessor requests this
change or if all keys issued under Lessee’s or Lessees’ designees authorization are not
returned or anytime during this lease if the Director of Parks, Recreation and
Community Services, or designee, determines that any such replacement is necessary.
No part of Lessees’ security deposit will be returned until all property of the City of
Evanston has been returned and all obligations are fulfilled in accordance with the
provisions recited in this lease.
13. STORAGE, DANGEROUS MATERIALS.
A. It shall be unlawful and shall constitute grounds for immediate termination of this
lease if Lessee engages in any activity involving the handling, storage, or use of
materials or substances which are flammable or of materials, substances, or devices
which are hazardous, as defined in section F2302.0 of the BOCA National Fire
Prevention Code of 1993, or to maintain, store, or use any such flammable or
hazardous materials or to conduct processes producing such flammable or hazardous
conditions, except with the prior written request and prior written approval of the Director
of Parks, Recreation and Community Services or designee, and the Evanston Fire
Department, and in accordance with all applicable legislation. The code is strictly
enforced. Violations are punishable by fines up to and including $750.00 and may
constitute a breach of this lease resulting in termination.
B. Lessee will not use or permit the use or storage on the premises of materials for
which ventilation is required for safe usage without the prior written consent of the
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Lessor or the Director of Parks, Recreation and Community Services or designee.
Lessee will store all potentially dangerous and/or flammable materials in a fireproof
cabinet(s) and/or fireproof container(s) at all times when not in use. The decision of the
Lessor or Director of Parks, Recreation and Community Services or designee, with
reference to the nature of the materials and its safe usage shall be conclusive. The
Director of Parks, Recreation and Community Services or designee and/or Fire
Department officials will perform unannounced periodic fire/safety inspections in all
leased spaces for compliance. All Lessees must grant access for same. The code is
strictly enforced. Violations are punishable by fines up to and including $750.00 and
may constitute a breach of this lease resulting in termination.
14. DISPOSAL OF REFUSE
It is the responsibility of the Lessee to discard its own refuse into the exterior dumpster
that does not fit in a standard 20” X 15” trash receptacle. The City of Evanston is not
equipped to and does not pick up construction debris to include drywall or cement.
However as a courtesy to Lessee, the City will allow Lessee to discard its refuse
specified in this paragraph. The City reserves the right to not provide this service at any
time during this Lease. Lessee will observe the following guidelines:
All refuse must be bagged to prevent blowing or scattering. At no time will Lessee
discard refuse in the City dumpsters causing the dumpster to total over 500 lbs. per
refuse pick-up by the City. The City will accept scrap metal. All scrap metal is to be
placed neatly inside the dumpster area. Scrap metal and bulk pick ups are by
appointment and are not collected by the regular crew. It is the Lessee’s responsibility
to notify Streets & Sanitation at (847) 866-2940 to pick up any refuse that is placed
outside the dumpster. The weight of the scrap metal will not be added to the refuse
weight placed in the dumpsters. All items including wood to be discarded must be
broken up into sizes not to exceed 2’ x 2’ x 2’.
At no time will Lessee be permitted to discard any bulk wood (tree branches, tree
stumps, larger than 3 inches in diameter) or hazardous waste to include: gas, oil,
asbestos, medical waste, car parts, tires, aerosol paints, antifreeze, cleaning products,
drain cleaners, fluorescent lamp bulbs, hobby chemicals, oil-based paints, household
batteries, insecticides, lawn chemicals, old gasoline, paint thinners, pool chemicals,
pesticides, solvents, used motor oil and herbicides, latex paints, agricultural wastes,
farm machinery oil, explosives, fire extinguishers, fireworks, lead-acid batteries,
propane tanks, smoke detectors, farm machinery oil, institutional wastes, and
business/commercial sector wastes. Hazardous waste collection sites around
Chicagoland provided by the Illinois Environmental Protection Agency (IEPA) include:
Naperville Fire Station #4, 1971 Brookdale Rd., Naperville, IL, and Rock River
Reclamation District, 333 Kishwaukee, Rockford, IL, (815) 967-6737.
15. SPACE HEATERS. Lessee shall abide by the manufacturer’s safety information
before using a space heater. Heaters shall have the UL, FM or other testing agency
label. Space heaters shall have tip-over protection: audible alarm or automatic shut off.
Do not leave the heater unattended. Space heaters shall have safety features if the
device overheats. In addition, space heaters will not be used in conjunction with
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extension cords. When operating, space heaters must have at least three feet of clear,
unobstructed space in all directions. The code is strictly enforced. Violations are
punishable by fines up to and including $750.00 and may constitute a breach of this
lease resulting in termination.
16. COMBUSTIBLES. All combustibles are to be kept a minimum of three feet away
from electrical equipment. All combustible and flammable materials shall be stored in
accordance with Fire Code. It is the responsibility of the Lessee to provide the
appropriate storage cabinets. The code is strictly enforced. Violations are punishable
by fines up to and including $750.00 and may constitute a breach of this lease resulting
in termination.
17. EXTENSION CORDS. Extension cords are permitted as long as acceptable load
limits are not exceeded. “Fire Prevention Code Section F-310.5 Extension Cords:
Extension cords and flexible cords shall not be a substitute for permanent wiring.” If
space heaters are continued to be used, permanent wiring shall be installed. Surge
protectors can be used only in relation to operation of office computer-related
equipment.
18. FIRE EVACUATION PLAN. It will be the Lessee’s responsibility to post in its
studios a copy of the fire evacuation plan and to inform its studio users of the
evacuation plan. When the Fire Alarm sounds, whether it is a fire, false alarm, or fire
drill, everyone is to evacuate the NCAC immediately and safely. Leased spaces are to
be left unlocked in case fire fighters need access. The meeting place during fire
emergencies is Tallmadge Park, just north of the NCAC parking lot. Individuals other
than the Fire Department and designated authorities are not to block and/or occupy the
parking lot, pavement areas or sidewalks around perimeter of the NCAC. Everyone is
to remain on the Tallmadge Park grounds grass area until advised otherwise by either
the Fire Department or Staff. The code is strictly enforced. Violations are punishable
by fines up to and including $750.00 and may constitute a breach of this lease resulting
in termination.
19. ELEVATOR AND CHAIR LIFT. The Elevator and chair lift are to be used to
transport passengers only.
20. LESSEE/CO-LESSEE. In the event a Co-lessee (not Sub-lessee) terminates its
lease, the Lessor will determine if the space will be put on the market for lease or
accept the remaining party as the sole Leaseholder of the space. See Appendix F. The
remaining party can request approval from the City of Evanston that another party be
approved to either sublease or co-lease for the duration of the lease term or shorter
term. All guidelines outlined in the NCAC’s studio application packet must be adhered
to. Full compliance includes full payments for security deposits, Community Service
activity and rent, as well as all other obligations imposed hereunder by this lease. Upon
the Director of Parks, Recreation and Community Services or designee’s direction or
upon the request of the remaining Lessee, the Director of Parks, Recreation and
Community Services or designee can require the terminating Lessee to perform their
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obligated Community Service requirements at an arranged rescheduled time or prior to
terminating and/or prior to the lease termination date. If the terminating Lessee does
not perform its obligated Community Service requirement, the terminating Lessee will
be billed and will promptly pay the sum of the unperformed obligation.
21. ENTRY BY THE LESSOR. Lessee shall not unreasonably withhold consent to
the Lessor to enter the Leased Premises in order to inspect the premises; make
necessary or agreed repairs, decorating, alterations or improvements; supply necessary
or agreed services or show the unit to prospective or actual purchasers, mortgagees,
tenants or workmen. The Lessor may enter the unit without consent of the Lessee in
case of emergency and/or to perform fire/safety inspections, heating, air conditioning,
and ventilation inspection/work as necessary or to assess other possible problems or
work as required. The Lessor shall not abuse the right of access or use it to harass the
Lessee. Except in cases of emergencies, or unless it is impracticable to do so, the
Lessor shall give the Lessee at least twenty-four (24) hours notice of its intent to enter
and may enter only at reasonable times.
21. ABANDONMENT. Lessee is required to notify the Director of Parks, Recreation
and Community Services or designee if Lessee will not occupy its studio for more than
seven consecutive days. If the Lessee abandons the unit for thirty (30) consecutive
days or more, the Lessor shall attempt to rent the unit at the current rental rate. This
shall include the acceptance of reasonable subleases. If the Lessor succeeds in renting
the unit at the current rental rate, the abandoning Lessee shall be liable for the amount
due from the date of abandonment to the new rental agreement approved by the
Lessor. If the Lessor is unsuccessful at re-renting the unit, the abandoning Lessee shall
be liable for rent due for the period of the rental agreement. In either event, the Lessee
shall be liable for all expenses incurred by the Lessor or imposed by the Lessor as a
result of Lessee’s abandonment or non-use of space.
22. PARKING REGULATIONS. Annual parking permit fees will be billed separately
in monthly installments to the Lessee and are to be paid on or before the first of each
month. Parking permit fees are not prorated. All annual parking permits issued will be
billed for the entire year 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) either the old permit or remnants of the old permit is
returned displaying the lot number and the permit number minimally; or 2) proof by a bill
of sale is produced as evidence of no longer owning the vehicle.
Monthly and annual parking permits for the NCAC parking Lot #51 are authorized only
for Leaseholders, Sub-lessees, staff and/or students attending classes at Noyes on a
regular basis. 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 are
limited to attendance at the NCAC. 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 the
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Leaseholder or the Leaseholder’s prior written and arranged designee, 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 who are pre-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. Lessee understands, and
will inform its staff, students and patrons to observe all posted parking regulations.
Parking permits will not be issued to individuals with an expired driver’s license.
Resolution of all parking citations issued to Lessee for the NCAC lot is a prerequisite to
renewal of this Lease.
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APPENDIX D
OTHER COSTS
1. COMMUNITY USE SPACES. Lessee shall have the right to use only the Leased
Premises described on page #1 in the lease for the operation of its day-to-day activities
as written in Appendix A. Lessee may from time to time, pursuant to arrangements
made in advance with and approved by the Director of Parks, Recreation and
Community Services or designee, make use of certain other areas, i.e., the Theatre,
Studio #106 or the Noyes Center Galleries (see info on Gallery usage below) or other
areas on a fee basis (see fee matrix attached for Lessee rates). Lessees using the
above spaces for purposes other than arts activities as written in Appendix A may be
required to provide additional insurance. When the use of said areas involves the
execution of a Community Service project and when the Lessee offers a program of
cultural significance to the public free of charge, such rates may be waived at the
discretion of the Director of Parks, Recreation and Community Services or designee
upon written request and prior approval for the arrangement. Rental cost of Community
Use space waived will not be in excess of the dollar value of the required Community
Service project. See Appendix B.
2. NOYES CENTER GALLERY. Lessee may from time to time, pursuant to
arrangements made in advance with and approved by the Director of Parks, Recreation
and Community Services or designee, make use of the Noyes Center Gallery(ies) on a
fee basis at established rates. If the use of said areas involves the execution of a
Community Service project where the Lessee offers a program of cultural significance to
the public free of charge, such rates may be waived at the discretion of the Director of
Parks, Recreation and Community Services or designee upon written request and prior
approval for the arrangement, made at the time the Community Service project is
proposed. In extenuating circumstances a request may also be made at least thirty (30)
calendar days before the Community Service project.
3. UTILITIES.
A. The Lessor agrees to pay all water, gas and electricity charges (except for air
conditioning) , however, additional fees as listed on the attached fee matrix (see
Appendix D, Page 3) could apply anytime and/or if excessive usage as determined by
the Property’s Owner occurs any time during the term of the Lease.
B. Lessees will be billed for the use of air conditioners and air-handling units. The
fees are assessed for the months of June, July, August and September. The monthly
fee assessment applies to each air conditioning and/or air handling unit used in each
studio. Window air-conditioning units must be removed if not in use, and window,
window sills, frames, glass and screens must be restored to their original condition with
the same material and quality as that installed at time of occupancy, and at Lessee’s
expense. Square footage will not be combined to calculate the use of air conditioners
for more than one leased space. Fees will not be prorated for partial month’s use of air
conditioners or air handling units. Additional monthly fees will be assessed to Lessee if
air conditioners and/or air handling units are used during other months and will not be
prorated. Air conditioner units can be left in windows if prior written permission is
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obtained from the Director of Parks, Recreation and Community Services or designee.
Air conditioning units must be properly insulated to minimize energy exhaustion as
determined by the Lessor. Failure to remove air-conditioning units from October 1
through May 31 of each year will result in an assessment of usage charge for each
month or any portion of a month the air-conditioning units are installed. See attached
Appendix D utility fees and other charges associated with NCAC.
C. Additional services such as charges for use of phone service (landline and cell
phone) and cable television will not be provided at Lessor expense. If necessary, the
Lessor acknowledges and agrees that if he/she seeks to have a new service (cable,
phone, etc.) provided to the NCAC for the use in their Lease Premises, the Lessee will
follow the proper City procedures and obtain the necessary approvals prior to the
installation of the service.
4. ASSOCIATED EXPENSES. If for any reason attributable to Lessee or those
holding under Lessee, a Noyes staff member, Facilities Management staff,
contractor/sub-contractor, or agent of the City of Evanston has to return to the building
on holidays or after the employee’s normal work shift(s), Lessee will incur the cost of
that employee’s salary, plus any charges imposed on or billed to the City of Evanston by
service agencies such as the security alarm contractors, the Evanston Police and/or
Fire Department, or any other charge the City incurs as a result of such extra work.
Lessee shall pay all costs associated with, but not limited to: telephone installation(s) or
other telephone service(s), parking permits, custodial and/or staff overtime charges, and
other charges as outlined in this lease or necessitated by the nature of Lessee’s/Sub-
lessee’s activities or actions. Prior written approval is needed from the Director of
Parks, Recreation and Community Services or designee to perform any licensed trade
work, such as but not limited to additional electrical power provided to Lessee’s
studio(s), installation or relocation of electrical outlets, plumbing, carpentry work, set
building for performance productions, any and all construction of temporary or
permanent installations connected to or resting on the foundations walls, ceilings, floors
and/or existing surfaces prior to and during Lessee’s lease of the space. All such work
must be performed pursuant to applicable permits and in accordance with all applicable
legislation. Lessee’s failure to obtain prior written approval and/or applicable permits
before performing any licensed trade work may at the Lessor’s option constitute a
material breach of this Lease and result in termination of this lease.
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APPENDIX E
TIME OF USE
TIME OF USE. Lessee will have the right to use its leased premises only during normal
hours and days of operation of the NCAC. Said normal hours may be changed by the
Lessor. In the event of such changes, resulting in a reduction of hours, Lessee will not
be entitled to a reduction in rent or Community Service obligations. Unless required by
the City’s best interests or particular existing conditions the open hours from September
through May shall be between 8:15 a.m. and 11:00 p.m. on Monday through Friday,
between 7:30 a.m. and 11:00 p.m. on Saturday, and between 10:00 a.m. and 6:00 p.m.
on Sunday. The open hours from June through August shall be between 7:30 a.m. and
11:00 p.m. on Monday through Saturday, and 10:00 a.m. and 6:00 p.m. on Sunday.
The Center will be closed on holidays/days as observed by the City of Evanston.
Lessee understands and agrees that Lessee’s rent will not be reduced for the weeks in
which the aforesaid holidays occur (see Appendix D). The Director of Parks, Recreation
and Community Services or designee will notify Lessee of additional dates the NCAC
will be closed in addition to those dates stated in Appendix D. The Lessee may, by
written arrangement with the Director of Parks, Recreation and Community Services or
designee, use the Leased Premises or other rental spaces during other than normal
hours and days of operation. In this event, Lessee will pay for overtime custodial
charges necessary to keep/have the NCAC open beyond normal building hours in
addition to a $66.00 service fee utility charge and rental charges associated with rental
space and equipment if applicable.
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APPENDIX F
TERMINATION OF ONE CO-LESSEE
In the event fewer than all Co-Lessees terminate this lease, the remaining Lessee can
request approval from the Lessor that another party be approved to either sublease or
co-lease for the duration of the lease term. All guidelines outlined in the Studio
application packet must be adhered to. If remaining Lessee (Co-lessee, not Sub-
lessee) is the only person now on the lease and is not an Evanston resident, said non-
Evanston resident is eligible to be accepted as the sole Lessee by the Lessor and/or
through termination date of the lease. The non-Evanston resident will assume the 20%
surcharge for the entire space if they are accepted as the sole Lessee and the
surcharge will not exceed cost applicable to total square feet of leased space. If the
remaining party was approved as a Sub-lessee, the Sub-lessee’s term will end at the
same time the Lessee’s term ends and the Leased Premises will be placed on the
market. The Sub-lessee may reapply along with other applicants applying for the
Leased Premises.
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LESSEE DATE
_______________________________________________________ ____________
31
APPENDIX G
INSURANCE REQUIREMENTS
Noyes Lease for Term: 5/1/14 through 12/31/14
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Thirty day notice of cancellation Bodily Injury and
Required on all certificates Property Damage
Consequent Death
Each Occurrence Aggregate
Commercial General Liability including: $1,000,000 $1,000,000
1. Comprehensive form
2. Premises – Operations
3. Explosion & Collapse Hazard
4. Underground Hazard
5. Products/Completed Operations Hazard
6. Contractual Insurance – With an endorsement on the face of the certificate that it
includes the “indemnity” language set forth in Appendix “I” of the Lease.
****The Certificate must state that the City of Evanston is an Additional Insured on the
policy.
7. Broad Form Property Damage –
construction projects only.
8. Independent Contractors
9. Personal Injury.
Automobile Liability
Owned, Non-owned or Rented (as related
to Tenant’s activities for leased space) $1,000,000 $1,000,000
Workmen’s Compensation
and Occupational Diseases As required by applicable laws.
Employer’s Liability $500,000
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LESSEE DATE
_______________________________________________________ ____________
32
APPENDIX H
MISCELLANEOUS DEFINITIONS
TERM DEFINITION
ADA Americans with Disabilities Act of 1990
ITS His/Her/Their
LESSEE Lease Holder: Lessees, Co-Lessees, Sublessees
LESSOR City of Evanston
NCAC Noyes Cultural Arts Center
OSHA Occupational Health and Safety Act of 1980
RESIDENT If current driver’s license and voter registration card
shows residency in Evanston.
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LESSEE DATE
_______________________________________________________ ____________
33
APPENDIX I
INDEMNITY
Lessee and Lessee’s insurance company agree as follows:
The Lessee shall indemnify, protect, and hold harmless the City of Evanston, its agents,
consultants, officials and employees, against all injuries, deaths, loss damages, claims,
patents claims, suits, judgments, costs and expenses which may in anywise accrue
against the City in consequence of the granting of this contract or which may in anywise
result therefrom, whether or not it shall be alleged or determined that the act was
caused through the negligent act or omission of the Lessee or its employees, of the
sub-Lessee or its employees, if any, or of the City or its employees; and the Lessee
shall, at its own expense, appear, defend and pay all charges of attorneys and all costs
and other expenses arising therefrom or incurred in connection therewith; and, if any
judgments shall be rendered against the City in any such act, the Lessee shall, at its
own expense, satisfy and discharge same.
In the event of any conflict between the language of the insurance policy(s) between the
language of the insurance policy(s) and the above-recited indemnity agreement, the
indemnity agreement shall govern.
LESSEE’S LIABILITY INSURANCE
Lessee shall not commence work under this contract until they have obtained
all insurance required herein and such insurance has been approved by the
City’s Law Department. Nor shall the Lessee allow any subcontractor to
commence work until all similar insurance required of the subcontractor has
been obtained.
The City of Evanston shall be named as an additional insured on the policy of
the contractor for whatever the policy limits are for the contractor, but in no
event shall the Comprehensive General Liability limits be less than
$3,000,000.
If the Lessee has more than one project for which it has a contract with the
City of Evanston there shall be separate Certificates of Insurance naming the
City as an additional insured on each separate policy.
In the event of accidents, injuries, or unusual events, whether or not any
injury occurred, the Lessee shall promptly furnish the City’s Law Department
with copies of all reports of such incidents.
The Lessee shall furnish one (1) copy of a certificate, with the City named as
an additional insured, showing the minimum coverage with insurance
company acceptable to the City’s Law Department outlined in Appendix E.
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Please note 3% increase from 2013 rates
Resident Artist Term Studio Sq. Ft Monthly 2014 (8 month)
Evanston Art Center 1 year B-1, B-2, B-12, B-13 3701.00 3,534.46$ 29,123.95$
Laura and Leslie Hirshfield 1 year B-6 932.70 890.73$ 7,339.62$
Barbara Goldsmith 1 year B-10.A 360.00 343.80$ 2,832.91$
Mary Anne Brown -1 year B-10.B 497.45 570.08$ 4,697.46$
Jack and Elise Lerman 1 year 211 881.40 990.11$ 8,158.51$
Sally Piepmeier 1 year 212 298.80 335.66$ 2,765.84$
Theatre Zarko 1 year 213 946.30 1,063.01$ 8,759.20$
Z. Malik , V. Schiff 1 year 214 483.80 597.82$ 4,926.04$
S. Ganch -, S. Oettinger - , J. Rea 1 year 215 833.30 1,060.95$ 8,742.23$
Jack and Elise Lerman 1 year 216 238.50 267.92$ 2,207.66$
Jennifer Presant 1 year 217 841.60 945.40$ 7,790.10$
Fay Kaiser 1 year 218 201.70 271.49$ 2,237.08$
Esther Williams-Hays 1 year 219 283.90 318.92$ 2,627.90$
Sarah Kaiser 1 Year 220 254.10 285.44$ 2,352.03$
Maggie Weiss 1 year 221 896.40 1,006.96$ 8,297.35$
Naomi Sondak 1 year 224 134.80 151.43$ 1,247.78$
Total 104,105.64$
Noyes Cultural Arts Center - May - December 2014 Leases
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For City Council meeting of April 28, 2014 Item H2
Ordinance 54-O-14: Animal Control Board
For Action
To: Honorable Mayor and Members of the City Council
From: W. Grant Farrar, Corporation Counsel
Subject: Approval of Ordinance 54-O-14, Creating the Animal Control Board for the
City of Evanston
Date: April 24, 2014
Recommended Action:
Staff recommends City Council adoption of Ordinance 54-O-14. This ordinance was
introduced at the April 8, 2014 City Council meeting.
Summary:
This ordinance creates the Board of Animal Control. The Mayor, with the approval of
the City Council, shall appoint seven persons who shall constitute and be known as the
Board of Animal Control. The Board members shall include 2 City Council members; 1
member of the Volunteer Animal Organization (VAO); and 4 members at large that are
residents of the City of Evanston. The Chief Animal Warden shall serve as a staff
liaison to the Board. The Board shall meet no less than quarterly during the year.
Duties of the Board:
• The Board shall review, provide feedback and suggested revisions and approve
the Animal Control Policy and any amendments thereto.
• Fundraising efforts for the Animal Shelter Fund will be organized and coordinated
by the Board.
• The Board shall discuss the implementation of the Policy and review reports
provided by the VAO and the Chief Animal Warden. Members can vet issues
that arise out of the implementation of the Policy and suggest options to fix the
subject issue or concern raised to the Chief Animal Warden.
• Public relations efforts will be explored and coordinated with the Board, such as a
Tweet-A-Long with the Chief Animal Warden.
Legislative History:
The Human Services Committee approved the creation of this Board during its meetings
on March 31, 2014 and April 7, 2014.
Attachments:
54-O-14
Memorandum
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4/3/2014
54-O-14
AN ORDINANCE
Establishing the Board of Animal Control
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: BOARD ESTABLISHMENT & COMPOSITION:
The Mayor, with the approval of the City Council, shall appoint seven (7) persons who
shall constitute and be known as the Board of Animal Control. The Board members
shall include 2 City Council members; 1 member of the Volunteer Animal Organization
(“VAO”); and 4 members at large that are residents of the City of Evanston. The Chief
Animal Warden shall serve as a staff liaison to the Board.
SECTION 2: ORGANIZATION:
The Board shall annually, on the first meeting of the year, elect a Chair and Vice Chair.
Each Board member shall serve a three (3) year term until his or her successor is
appointed and qualified. At the discretion of the Mayor, each Board member may be
reappointed for one (1) additional term.
The Board shall select from its membership a Chair and Vice Chair on an annual basis.
Such selection shall occur at the first meeting of the calendar year. Persons so selected
shall serve for terms of one (1) year and may be reelected. The Board shall adopt rules
for the conduct of its meetings and keep written minutes. All Board meetings shall be
held in accordance with the Illinois Open Meetings Act (5 ILCS 120/1 et seq., as
amended) and all records kept in accordance with the Illinois Freedom of Information
Act (5 ILCS 140/1 et seq., as amended). The Board shall meet four (4) times per year
on a quarterly basis and at the call of the Chair.
Four (4) members shall constitute a quorum. No meetings shall be conducted and no
actions shall be taken without a quorum present. The members of the Board shall serve
without compensation.
SECTION 3: POWERS AND DUTIES:
In carrying out its responsibilities and in meeting the purposes of the Board, the Board
shall set priorities related to issues regarding animal control and the City animal shelter
in the City of Evanston.
The Board shall have the following specific powers and duties:
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54-O-14
~2~
A. The Board shall review, provide feedback and suggested revisions and approve the
City’s Animal Control Policy (the “Policy”) and any amendments thereto.
B. Fundraising efforts for the Animal Shelter Fund will be organized and coordinated by
the Board.
C. The Board shall discuss the implementation of the Policy and review monthly reports
provided by the VAO and the Chief Animal Warden.
The monthly report shall address issues such as a total number of dogs and cats
received by the shelter, time period of evaluation completion, vaccination date,
spay/neuter date, and disposition (adoption, foster home, transfer to rescue,
euthanasia). The report should also update efforts on existing dogs, to include total
length of time at the shelter and efforts towards a final disposition. Lastly, the report
shall include any procedural concerns, facility issues, kennel enrichment efforts, and
volunteer training.
Members shall review issues that arise out of the implementation of the Policy and
suggest options to fix the subject issue or concern raised to the Chief Animal Warden.
D. The Board may explore and conduct public relations efforts in coordination with the
Chief Animal Warden.
E. The Board will provide input and recommendations to the City regarding issues
animal control. The Board will work to determine the appropriate VAO to work with the
City at the shelter.
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 provision or invalid
application of this ordinance is severable.
SECTION 6: This ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
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54-O-14
~3~
SECTION 7: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced: April 8, 2014
Adopted: April 28, 2014
Approved:
__________________________, 2014
_______________________________
Elizabeth B. Tisdahl, Mayor
Attest:
_______________________________
Rodney Greene, City Clerk
Approved as to form:
_______________________________
W. Grant Farrar, Corporation Counsel
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