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05.27.14 Packet
CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Tuesday, May 27, 2014 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee meets at 7:15 pm City Council meeting will convene after conclusion of the P&D meeting. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Holmes (II) Mayor Proclamations and Public Announcements Youth Action Ministry Juneteenth Recognition Day - 2014 Public Service Recognition: Employee Awards 2014 Preservation and Design Awards (III) City Manager Public Announcements Update on C.A.R.E Finances (IV) Communications: City Clerk (V) 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. (VI) Special Order of Business (VII) Consent Agenda: Alderman Rainey 1 of 374 City Council Agenda May 27, 2014 Page 2 of 7 5/23/2014 2:59 PM (VIII) Report of the Standing Committees Administration & Public Works - Alderman Holmes Planning & Development - Alderman Rainey Human Services - Alderman Burrus (IX) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (X) Executive Session (XI) Adjournment SPECIAL ORDER OF BUSINESS (SP1) James Park Landfill Site Monitoring Update Staff recommends that City Council receive an update report on the status of landfill site monitoring at James Park and authorize the City Manager to execute an amendment to the contract for Environmental Consulting Services with CS Geologic LLC (920 Cambridge Drive, Libertyville, IL) in an amount not to exceed $58,167.65. Funding is provided by the Environmental Compliance Account 780084.62130. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of May 12, 2014 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through May 4, 2014 $2,514,169.76 (A2) City of Evanston Bills -- May 28, 2014 $2,192,895.08 For Action (A3.1) Approval of 2014 Water Main and Street Resurfacing (CIP 2) Contract with A. Lamp Concrete Contractors Inc. (Bid 14-27) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Water Main Replacement & Street Resurfacing CIP 2 Project to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $2,548,361.25. Funding is provided by the Water Fund (733086.65515) in the amount of $1,791,888.62; Sewer Fund (7420.65515) in the amount of $100,719.65; and Capital Improvement Plan (CIP) Street Resurfacing Account (415857.65515) in the amount $655,752.99. For Action 2 of 374 City Council Agenda May 27, 2014 Page 3 of 7 5/23/2014 2:59 PM (A3.2) Approval of 2014 Street Improvement (CIP 3) Contract with A. Lamp Concrete Contractors Inc. (Bid 14-31) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Street Improvement Project CIP 3 to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $1,128,934.10. Funding is provided by the 2014 CIP Street Resurfacing Account (415857.65515) in the amount of $862,334.10; Pedestrian Safety Account (416434.65515) in the amount of $60,000; and Sewer Fund (7420.65515) in the amount of $206,600. For Action (A3.3) Approval of Changes to ADT Alarm Monitoring Agreement Staff recommends City Council authorize the City Manager to execute a new agreement with ADT Security Systems, Inc. (now Tyco Integrated Security) for the monitoring of City facilities. The Annual Service Charges are $13,860 per year, and the Initial Term of the Agreement is 5 years. Funding will continue to be provided by Information Technology Account 1932.64505 (Telecommunications – Line Carrier Charges) with a budget of $37,500. For Action (A4) Resolution25-R-14, Law Enforcement Mutual Aid Agreement and the Existence and Formation of the Illinois Law Enforcement Alarm System by Intergovernmental Cooperation Staff recommends City Council adoption of Resolution 25-R-14 authorizing the City Manager to execute the intergovernmental “Law Enforcement Mutual Aid Agreement” (“Mutual Aid Agreement”) with other municipalities and public agencies in Illinois who are members of the Illinois Law Enforcement Alarm System (“ILEAS”). For Action (A5) Resolution 26-R-14, Memorandum of Understanding with the Cook County Department of Homeland Security and Emergency Management for Emergency Equipment Assistance if Needed by the City of Evanston Staff recommends City Council adoption of Resolution 26-R-14 authorizing the City Manager to execute an Emergency Equipment Memorandum of Understanding between the City of Evanston and the Cook County Department of Homeland Security and Emergency Management (DHSEM) to provide emergency event and disaster response assistance through the use of DHSEM emergency equipment when local resources are insufficient to meet the response needs of the City of Evanston. For Action 3 of 374 City Council Agenda May 27, 2014 Page 4 of 7 5/23/2014 2:59 PM (A6) Resolution 31-R-14: Renewal of Easement Agreement with the Metropolitan Water Reclamation District of Greater Chicago Staff recommends City Council adoption of Resolution 31-R-14 authorizing the City Manager to execute an easement agreement with the Metropolitan Water Reclamation District of Greater Chicago, which will allow the City to maintain and repair an existing 48-inch diameter storm sewer along Popular Avenue. For Action (A7) Resolution 39-R-14, Regarding Howard Hartrey TIF District Surplus Staff recommends the City Council adoption of Resolution 39-R-14 declaring a surplus of $1.0M from the Howard Hartrey Tax Increment Financing (TIF) District at the end of Fiscal Year 2013. For Action (A8) Ordinance 64-O-14 Alley Paving Special Assessment No. 1511 Staff recommends adoption of Ordinance 64-O-14 by which City Council would authorize paving of the alley north of Leonard Place, east of Wesley Avenue through the Special Assessment Process. Funding is provided by: $99,900.68 from the Special Assessment Account (6365.65515) and $99,900.68 from the 2014 approved CIP budget for alley paving. The adjacent property owners are responsible for half of the project cost through the special assessment process. For Introduction (A9) Ordinance 60-O-14, Amending the Minority, Women and Evanston Based Employer (MWEBE), and Local Employment Programs (LEP) The MWEBE Committee recommends 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. Staff recommends the following alternative: 1) that the penalty be changed to 1% of the cost of any eligible project through December 31, 2015; 2) that staff be directed to work with the MWEBE Committee to convene a meeting of local contractors who have worked on City of Evanston projects to discuss ways to increase hiring of Evanston residents on contracts subject to LEP; 3) staff be directed to do additional research on impacts of similar programs in other jurisdictions; and 4) staff be directed to report back to MWEBE Committee and City Council to report on impacts of penalty change by October 1, 2015. This ordinance was held at City Council on April 28, 2014 For Action (A10) Ordinance 42-O-14, Amending P-1 Liquor License and Creating P-2 License Local Liquor Commissioner recommends City Council adoption of Ordinance 42- O-14, which amends the Class P-1 liquor license. Recognizing the different business models, a new subsection, Class P-2, was created to classify larger craft breweries selling beer at retail and addressing food service and product consumption in craft brewery taprooms. This ordinance was introduced at the May 12, 2014 City Council meeting with sampling restrictions requested. For Action 4 of 374 City Council Agenda May 27, 2014 Page 5 of 7 5/23/2014 2:59 PM (A11) Ordinance 49-O-14, Increasing P-1 Liquor Licenses for Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago Avenue, Suite E2 Liquor Control Review Board recommends City Council adoption 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 (1) to two (2), 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. This ordinance was introduced at the May 12, 2014 City Council meeting. For Action (A12) Ordinance 23-O-14, Addition of Chapter 31 to Title 3 of the Evanston City Code Regulating Collection Boxes Staff recommends City Council adoption of Ordinance 23-O-14, which will regulate the placement and appearance of collection boxes within the City of Evanston. Ordinance 23-O-14 requires entities interested in placing a collection box to obtain a license from the City of Evanston for a fee; Evanston-based non- profits (such as the Evanston School Children’s Clothing Association and the YWCA) must still obtain such license but are exempt from paying the license fee. This ordinance was introduced at the May 12, 2014 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 70-O-14, Granting a Special Use for a Type 2 Restaurant, YoFresh Yogurt Cafe, at 635 Chicago Avenue #7 The Zoning Board of Appeals and City staff recommend adoption of Ordinance 70-O-14 granting a special use permit for a Type 2 Restaurant, YoFresh Yogurt Cafe, at 635 Chicago Avenue #7. The requested special use permit will allow a specialty Type 2 Restaurant to occupy a vacant commercial space in an existing strip mall. For Introduction (P2) Ordinance 72-O-14, Amending the Special Use for a Convenience Store at 555 Howard Street in the B3 District Staff recommends adoption of Ordinance 72-O-14. The proposed Ordinance amends an existing special use for the convenience store located at 555 Howard Street to allow it to remain open until 10:00 p.m. instead of 8:00 p.m. Suspension of the Rules is requested to permit Introduction and Action by City Council on May 27, 2014. For Introduction and Action 5 of 374 City Council Agenda May 27, 2014 Page 6 of 7 5/23/2014 2:59 PM (P3) Approval of Sidewalk Café for The Lucky Platter, 514 Main Street Staff recommends approval of a first-time application for a sidewalk café (SWC) permit for The Lucky Platter, a Type #1 Restaurant located at 514 Main St. For Action (P4) Ordinance 56-O-14 Amending the Zoning Ordinance to Establish the Definition and Land Use Regulations for Aquaponics The Plan Commission and City staff recommend adoption of Ordinance 56-O-14, which amends the Zoning Ordinance to establish a definition and land use regulations for Aquaponics. As proposed, an aquaponics establishment would be allowed as a special use in the B, C, I and M districts. This ordinance was introduced at the May 12, 2014 City Council meeting. For Action (P5) Ordinance 57-O-14 Amending the Zoning Ordinance to Establish the Definition and Land Use Regulations for Craft-Breweries The Plan Commission and City staff recommend adoption of Ordinance 57-O-14, which amends the Zoning Ordinance to establish a definition and land use regulations for Craft-Breweries. The proposed definition for a Craft-brewery is aligned with the Class P-1 liquor license for craft-breweries with production limitation from 0 to 30,000 barrels (930,000 gallons) per year. The amendment proposes allowing craft-breweries as a by-right permitted use in the M and I districts and as a special use in C and B districts. This ordinance was introduced at the May 12, 2014 City Council meeting. Staff requests that this ordinance be continued to the June 9, 2014 City Council meeting. For Action HUMAN SERVICES COMMITTEE (H1) Ordinance 34-O-14, Amending and Revising City Code Title 5, Chapter 1, “Property Maintenance Code” Staff recommends adoption of Ordinance 34-O-14, the City Property Maintenance Code revision, which adopts the International Property Maintenance Code of 2012 with proposed amendments. This ordinance was introduced at the May 12, 2014 City Council meeting. For Action APPOINTMENTS (APP1) For Appointment to: Board of Animal Control Ruth Ann Hladish For Action 6 of 374 City Council Agenda May 27, 2014 Page 7 of 7 5/23/2014 2:59 PM MEETINGS SCHEDULED THROUGH JUNE 2014 Upcoming Aldermanic Committee Meetings: Mon, June 2 6 pm Rules Committee Mon, June 2 7:30 pm Human Services Committee Mon, June 9 6 pm A&PW, P&D, City Council Wed, June 11 7 pm NU-City Committee Mon, June 16 7 pm City Council meeting Tues, June 17 7:30 pm Housing & Community Development Act Ctte Wed, June 18 6:30 pm M/W/EBE Advisory Committee Mon, June 23 6 pm A&PW, P&D, City Council Wed, June 25 6 pm Transportation/Parking Committee Wed, June 25 7:30 pm Economic Development Committee Fri, June 27 7 am Housing & Homelessness Commission Information is available about Evanston City Council meetings at: www.cityofevanston.org/citycouncil. Questions can be directed to the City Manager’s Office at 847-866-2936. The City is committed to ensuring accessibility for all citizens. If an accommodation is needed to participate in this meeting, please contact the City Manager’s Office 48 hours in advance so that arrangements can be made for the accommodation if possible. 7 of 374 For City Council meeting of May 27, 2014 Item SP1 Business of the City by Motion: James Park Landfill Site Monitoring For Action To: Honorable Mayor and Members of the City Council From: W. Grant Farrar, Corporation Counsel Subject: James Park Landfill Site Monitoring Update Date: May 14, 2014 Recommended Action: Staff recommends that City Council receive an update report on the status of landfill site monitoring at James Park and authorize the City Manager to execute an amendment to the February 11, 2014 contract for Environmental Consulting Services with CS Geologic LLC (920 Cambridge Drive, Libertyville, IL) in an amount not to exceed $58,167.65. Funding Requirements and Sources: Funding will be from the Environmental Compliance Account 780084.62130. Summary: In order for the City to continue its testing and fulfill its due diligence efforts regarding the City’s water and sewer infrastructure and gas monitoring of the former landfill site at James Park, CS Geological LLC was required to drill additional borings, install gas probes, and perform gas monitoring and gas composition analyses at and around James Park. The contract amendment attached for your approval reflects the updated amount ($58,167.65) that was incurred for the increased number of gas probes and drilling efforts needed in that area. Staff recommends approval of the amendment to the contract with CS Geological LLC. Legislative History: On February 10, 2014, the City Council authorized the City Manager to execute a contract with consultant, CS Geologic LLC for a total contract amount of $29,580.10. Attachments: First Amendment to Professional Services Agreement with CS Geologic LLC Memorandum 8 of 374 1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the PROFESSIONAL SERVICES AGREEMENT (this "First Amendment") is made as of the ______ day of _________, 2014, by and between CS GEOLOGIC, LLC, an Illinois limited liability company (hereinafter referred to as "Consultant") and THE CITY OF EVANSTON, an Illinois municipal corporation (hereinafter referred to as "City"). The Consultant and City shall be referred to collectively as the “Parties”. WITNESSETH WHEREAS, the City and Consultant entered into that certain Professional Services Agreement dated February 11, 2014 (the "Agreement") (the terms and conditions of which are incorporated herein as Exhibit “A”) for Consultant to perform certain services including drilling borings, installed gas probes, and performed gas monitoring and gas composition analyses at James Park (the “Project”); and WHEREAS, Consultant agreed to complete the services that are outlined in the Agreement for an amount of $29,580.10, however was not able to complete performance under terms of the Agreement for the stated contract amount due to an increase in the number of borings and gas probes and additional analysis required than previously contemplated; and WHEREAS, Consultant and City desire to modify certain terms of the Agreement with respect to the contract amount to pay for the increased borings, gas probes and analysis, subject to the terms, covenants and conditions of this First Amendment. NOW THEREFORE, in consideration of the mutual observance of the covenants, conditions and promises set forth below and in consideration of the performance of the services, of TEN DOLLARS ($10.00) and for additional consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: A. AGREEMENT IN FULL FORCE AND EFFECT; DEFINITIONS The Parties acknowledge and agree that this First Amendment shall supercede, control and be deemed to modify the terms of the Agreement. In the event of any conflict between the terms and conditions of this First Amendment and the terms of the Agreement, the Parties unconditionally agree that the terms and conditions of this First Amendment shall supercede, prevail and dictate. Any term or condition of the Agreement not addressed within this First Amendment shall remain in full force and effect. The above-referenced recitals are incorporated herein. B. CONTRACT AMOUNT The last sentence in the first paragraph language shall be redacted in full and replaced by the following language: “Total costs shall not exceed $58,167.65 without prior written authorization from the City of Evanston.” 9 of 374 2 III. COUNTERPARTS This First Amendment may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. For purposes of this First Amendment, facsimile and scanned signatures shall be considered the same as original signatures and shall be treated as valid and binding upon the parties hereto, provided, however, the parties shall exchange original signature pages as reasonably promptly following execution hereof. IN WITNESS WHEREOF, the Parties have caused this First Amendment to be fully executed the last date written below. CS GEOLOGIC, LLC CITY OF EVANSTON, An Illinois limited liability company an Illinois municipal corporation By: ______________________________ By: _____________________________ Print Name: Craig Rawlinson Print Name: Wally Bobkiewicz Its: ______________________________ Its: City Manager Dated: _____________, 2014 Dated: _______________, 2014 10 of 374 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT 11 of 374 12 of 374 13 of 374 14 of 374 15 of 374 16 of 374 17 of 374 18 of 374 19 of 374 20 of 374 21 of 374 22 of 374 23 of 374 24 of 374 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, May 12, 2014 Roll Call: Alderman Wynne Alderman Grover Alderman Wilson Alderman Rainey Alderman Holmes Alderman Fiske Alderman Tendam Alderman Braithwaite Presiding: Mayor Elizabeth Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 7:46 P.M. after the Roll Call established a quorum. Alderman Burrus arrived after the Roll Call at 8:25 P.M. Mayor Proclamations and Public Announcements National Police Week, May 11-17, 2014 was announced by the Mayor, and she then read a proclamation for the “National Preservation Month”, as being May 2014 as celebrating America’s history and historic places, and the 175th year of Francis Willard’s birth (she was a prominent force in women’s history). She then presented the framed proclamation to the members of the Francis Willard Foundation who were in attendance. City Manager Public Announcements Animal Shelter Update was given by Deputy Chief Wazny of the events and meetings that occurred since the last Council Meeting, and the transition with the departure of CARE. The shelter now houses 9 dogs and 2 cats with an adoption that occurred on Thursday of last week. Currently the dogs are being treated for cannel cough and all are doing well. Communications: City Clerk Clerk Greene Introduced Leticia Blackman as the full-time Deputy Clerk, and Akasha Terrier as the mailroom/Deputy Clerk. Citizen Comment Mike Vasilko, 2728 Reese Ave. spoke against the proposed extension of temporary State Income Tax, which will show that politicians are okay to lie to their constituents, and this Resolution will be endorsing lying. Betty Ester, 2031 Church Street spoke of her concerns item H3. She wanted a clear explanation of the reason for this proposal. She stated this item in her opinion is forcing people out of their homes, rentals, and out of the community. 25 of 374 City Council Agenda May 12, 2014 Page 2 of 9 Agenda items: Items not approved on Consent Agenda (A7) Ordinance 49-O-14, Increasing P-1 Liquor Licenses for Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago Avenue, Suite E2 Liquor Control Review Board recommends City Council adoption 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 (1) to two (2), 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 (A8) Ordinance 23-O-14, Addition of Chapter 31 to Title 3 of the Evanston City Code Regulating Collection Boxes Staff submits for introduction the addition of reasonable requirements to the City Code, which would regulate the placement and appearance of collection boxes within the City of Evanston. Ordinance 23-O-14 requires entities interested in placing a collection box to obtain a license from the City of Evanston for a fee. Evanston-based non-profits (such as the Evanston School Children’s Clothing Association and the YWCA) must still obtain such license but are exempt from paying the license fee. For Introduction (P5) 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. Staff recommends that this item be postponed to an unspecified future date. For Action (O3) Resolution 16-R-14 Supporting Adequate and Fair Funding Resolution for Illinois 9-1-1 Systems Mayor Tisdahl and the Rules Committee recommend approval of Resolution 16- R-14 Supporting Adequate and Fair Funding Resolution for Illinois 9-1-1 Systems. For Action (O4) Resolution 34-R-14, Supporting Extension of Temporary Illinois State Income Tax Mayor Tisdahl and the Rules Committee recommend approval of Resolution 34- R-14 supporting extension of temporary state income tax. For Action 5/22/2014 11:26 AM 26 of 374 City Council Agenda May 12, 2014 Page 3 of 9 CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of April 28, 2014 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through April 20, 2014 $2,730,878.93 (A2) City of Evanston Bills -- May 13, 2014 $6,471,609.80 Credit Card Activity Ending March 31, 2014 $ 126,582.57 For Action (A3.1) Approval of Renewal of Computer Aided Dispatch System Software License and Service Agreement with SunGard Public Sector Staff recommends that the City Council authorize the City Manager to renew sole source software license and service agreement with SunGard Public Sector (1000 Business Center Drive, Lake Mary, FL) for the Police Department’s Computer Aided Dispatch System (CADS) software in the amount of $72,931.77. The Agreement is effective from May 1, 2014 through April 30, 2015. Funding is provided by the Emergency Telephone System Account 5150.62509 with a Budget of $88,500. For Action (A3.2) Approval of Salt Dome Construction Contract with Dome Corporation of North America (Bid 14-18) Staff recommends City Council approval of a contract for the construction of a new salt dome to Dome Corporation of North America (5450 East Street, Saginaw, MI) in the amount of $335,680. Funding for this project will be from the Capital Improvement Fund with a budget of $380,000 for this project. For Action (A3.3) Approval of Material Testing and Inspection Contract with GSG Material Testing Inc. (RFP 14-28) Staff recommends City Council authorize the City Manager to execute the agreement for the Material Testing and Inspection Services with GSG Material Testing Inc. (2945 W. Harrison, Chicago, IL) to provide material testing services for various City projects. The total contract amount for 2014 Projects Material Testing Services is $115,500. Funding source is provided on project list, Attachment A. For Action (A3.4) Approval of Annual Harley Davidson Lease Agreement Year #3 for the Evanston Police Department (Bid 12-123) Staff recommends that City Council authorize the City Manager to execute a one (1) year lease agreement with Chicago Harley Davidson Inc. (2929 Patriot 5/22/2014 11:26 AM 27 of 374 City Council Agenda May 12, 2014 Page 4 of 9 Boulevard, Glenview, IL) in the amount of $27,319 for the period of June 1, 2014 to May 31, 2015 for seven (7) leased Harley Davidson motorcycles. Funding is provided by Equipment Replacement Fund, Vehicle Lease Charges Account 7780.62402 and the Automotive Equipment Account 7780.65550. For Action (A3.5) Approval of Arbotect Fungicide Purchase from Rainbow Treecare Scientific Advancements Staff recommends approval of the sole source purchase of 81 gallons of Arbotect fungicide from Rainbow Treecare Scientific Advancements (Minnetonka, MN) at $385.00 per gallon for a total purchase amount of $31,185. Rainbow Treecare Scientific Advancements is the sole source vendor within the entire country for this product. Funding is provided by General Fund account 2655.62496. For Action (A4) Resolution32-R-14, Collective Bargaining Agreement with the Fraternal Order of Police – Officers (FOP) Staff recommends City Council approval of Resolution 32-R-14 to authorize the City Manager to execute a collective bargaining agreement with the Fraternal Order of Police – Officers bargaining unit effective January 1, 2014 through December 31, 2016. City Council approval will ratify the tentative agreements executed throughout the negotiation process. For Action (A5) Resolution 33-R-14, Collective Bargaining Agreement with the American Federal State County and Municipal Employee (AFSCME) Council 31 Staff recommends City Council approval of Resolution 33-R-14 to authorize the City Manager to execute a collective bargaining agreement with the AFSCME Council 31 bargaining unit effective January 1, 2014 through December 31, 2016. City Council approval will ratify the tentative agreements executed throughout the negotiation process. For Action (A6) Ordinance 42-O-14, Amending P-1 Liquor License and Creating P-2 License Local Liquor Commissioner recommends City Council adoption of Ordinance 42- O-14, which amends the Class P-1 liquor license. Recognizing the different business models, a new subsection, Class P-2, was created to classify larger craft breweries selling beer at retail, and addressing food service and product consumption in craft brewery taprooms. For Introduction (A9) Ordinance 29-O-14, Sale of Surplus Fleet Vehicle Staff recommends that City Council adopt Ordinance 29-O-14 which directs the City Manager to offer the sale of a vehicle owned by the City through public auction at the special Northwest Municipal Vehicle Auction being sponsored by Manheim Auto Auctions on or around Tuesday, May 27, 2014. This vehicle is presently out of service. This ordinance was introduced at the February 24, 2014 5/22/2014 11:26 AM 28 of 374 City Council Agenda May 12, 2014 Page 5 of 9 City Council meeting. For Action (A10) 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. This ordinance was introduced at the April 28, 2014 City Council meeting. For Action (A11) 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. This ordinance was introduced at the April 28, 2014 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 56-O-14 Amending the Zoning Ordinance to Establish the Definition and Land Use Regulations for Aquaponics The Plan Commission and City staff recommend amending the Zoning Ordinance to establish a definition and land use regulations for Aquaponics. As proposed, an aquaponics establishment would be allowed as a special use in the B, C, I and M districts. For Introduction (P3) Ordinance 62-O-14, Granting a Special Use for Commercial Indoor Recreation, Precision Multisport, at 2114 Jackson Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 62-O-14 granting a special use permit for Commercial Indoor Recreation, Precision Multisport, at 2114 Jackson Avenue. The requested special use permit will allow a successful local business to remain in Evanston and utilize a currently vacant space. The applicant requests suspension of the Rules for Introduction and Action on May 12, 2014. For Introduction and Action (P4) 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 5/22/2014 11:26 AM 29 of 374 City Council Agenda May 12, 2014 Page 6 of 9 Fu Tea, at 726 Clark Street. This ordinance was introduced at the April 28, 2014 City Council meeting. For Action HUMAN SERVICES COMMITTEE (H1) Approval of Township of Evanston April 2014 Bills Township of Evanston Supervisor recommends the City Council to approve the Township of Evanston bills, payroll, and medical payments for the month of April 2014. The total approved to be paid is $183,215.66. Funding is provided by the Township budget. For Action (H2) Resolution 30-R-14 Authorizing the City Manager to Execute a Lease Amendment Agreement with the Evanston Children’s Choir for Studio Space at the Noyes Cultural Arts Center Staff recommends City Council approval of Resolution 30-R-14 authorizing the City Manager to execute a lease amendment agreement with the Evanston Children’s Choir for studio space at the Noyes Cultural Arts Center (“NCAC”). For Action (H3) Ordinance 34-O-14, Amending and Revising City Code Title 5, Chapter 1, “Property Maintenance Code” Staff recommends approval of Ordinance 34-O-14, the City Property Maintenance Code revision, which adopts International Property Maintenance Code of 2012 with proposed amendments. For Introduction (H4) Approval of Grant for Homeless Management Information System (HMIS) Human Services Committee, the Housing and Homelessness Commission and staff recommend approval of a grant for the Homeless Management Information System (HMIS) grant in the amount of $18,500 to the Alliance to End Homelessness in Suburban Cook County (“The Alliance”). This database system is required by HUD to track demographic data, housing, and social services to homeless recipients, including recipients of the Emergency Solutions Grant funds (ESG) from the City. Funding is provided by the Affordable Housing Fund, Account 5465.62770. For Action (H5) Approval of Allocation of Mental Health Board Funding for FY 2015 It is recommended that the City Council set the FY 2015 funding allocation for Mental Health Board grants at an amount not to exceed $770,461. For Action 5/22/2014 11:26 AM 30 of 374 City Council Agenda May 12, 2014 Page 7 of 9 ECONOMIC DEVELOPMENT COMMITTEE (O1) Approval of City Festival Pilot Program and Custer Fair Members of the Economic Development Committee and staff recommend that the City of Evanston establish a pilot program of financial support of fees and permits associated with convening festivals and special events throughout the year. Staff proposes that the pilot program offer no more than $10,000 per event in financial support for City services, fees and permit costs. Staff has found that the Custer Street Fair is likely candidate for this initial pilot program. Funding is provided by Economic Development Fund, Account 5300.65525 For Action (O2) Resolution 36-R-14 Authorizing Lease of 633 Howard Street and Relocation of Police Substation The Economic Development Committee and staff support approval of Resolution 36-R-14 to (1) authorize the City Manager to seek a tenant for commercial space owned by the City at 633 Howard Street and (2) work to relocate the Evanston Police Department’s Outpost (the current tenant of 633 Howard Street) to a new space along the Howard Street corridor. For Action APPOINTMENTS (APP1) For Reappointment To: Environment Board Hugh Bartling Alderman Rainey motioned for approval and Alderman Wilson seconded it. With a Roll Call vote of 8-0 the Consent Agenda was approved. Items for discussion (A7) Ordinance 49-O-14, Increasing P-1 Liquor Licenses for Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago Avenue, Suite E2 Liquor Control Review Board recommends City Council adoption 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 (1) to two (2), 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 motioned for approval and Alderman Tendam seconded the motion. There were amendments made to the Ordinance which were: (1) no sell of samples, (2) only 2 free samples of 2 ounces. Roll Call vote was 9-0 and the motion passed. (A8) Ordinance 23-O-14, Addition of Chapter 31 to Title 3 of the Evanston City Code Regulating Collection Boxes Staff submits for introduction the addition of reasonable requirements to the City Code, which would regulate the placement and appearance of collection boxes 5/22/2014 11:26 AM 31 of 374 City Council Agenda May 12, 2014 Page 8 of 9 within the City of Evanston. Ordinance 23-O-14 requires entities interested in placing a collection box to obtain a license from the City of Evanston for a fee. Evanston-based non-profits (such as the Evanston School Children’s Clothing Association and the YWCA) must still obtain such license but are exempt from paying the license fee. For Introduction Alderman Holmes motioned for approval and it was seconded by Alderman Rainey seconded the motion. With amendments: the rates would be prorated, and the date would be moved forward to July 1, 2014 from October 1, 2014. A Roll Call vote was 9-0 and the motion passed. (P2) Ordinance 57-O-14 Amending the Zoning Ordinance to Establish the Definition and Land Use Regulations for Micro-breweries. The Plan Commission and City staff recommend amending the Zoning Ordinance to establish a definition and land use regulations for Micro-breweries. The proposed definition for a micro-brewery is aligned with the Class P-1 liquor license for craft-breweries limiting the production level to 30,000 barrels (930,000 gallons) per year. The amendment proposes allowing micro-breweries as a by- right permitted use in the M and I districts and as a special use in C and B districts. For Introduction Alderman Rainey motioned for approval and Alderman Wynne seconded the motion. She stated there should be a more definition of the difference from staff. (P3) Ordinance 62-O-14, Granting a Special Use for Commercial Indoor Recreation, Precision Multisport, at 2114 Jackson Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 62-O-14 granting a special use permit for Commercial Indoor Recreation, Precision Multisport, at 2114 Jackson Avenue. The requested special use permit will allow a successful local business to remain in Evanston and utilize a currently vacant space. The applicant requests suspension of the Rules for Introduction and Action on May 12, 2014. For Introduction and Action Alderman Rainey motioned for approval and Alderman Grover seconded the motion. The amendment was for the operating times: (1) 5:30 A.M. – 10:00 P.M. (Monday- Friday), and (2) 5:30 A.M. to 8:00 P.M.(Saturday and Sunday). The Roll Call vote was 9-0 and the motion passed. (P5) 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. Staff recommends that this item be postponed to an unspecified future date. For Action 5/22/2014 11:26 AM 32 of 374 City Council Agenda May 12, 2014 Page 9 of 9 (O3) Resolution 16-R-14 Supporting Adequate and Fair Funding Resolution for Illinois 9-1-1 Systems Mayor Tisdahl and the Rules Committee recommend approval of Resolution 16- R-14 Supporting Adequate and Fair Funding Resolution for Illinois 9-1-1 Systems. For Action Alderman Rainey motioned for approval and the motion was seconded. The Roll Call vote was 7-2 (Aldermen Wilson and Fiske voted nay). (O4) Resolution 34-R-14, Supporting Extension of Temporary Illinois State Income Tax Mayor Tisdahl and the Rules Committee recommend approval of Resolution 34- R-14 supporting extension of temporary state income tax. For Action Alderman Rainey motioned for approval and Alderman Grover seconded the motion. The Roll Call vote was 6-3 (Aldermen Wilson, Rainey and Fiske voted nay), and the motion passed. Call of the Wards Ward 3, Alderman Wynne announced a 3rd ward town hall meeting on Thursday, May 29th at Lincoln School 7 – 8:30. Ward 4, Alderman Wilson had no report. Ward 5, Alderman Holmes announced her 5th ward meeting on Thursday, May 15th 7PM and at 4PM grand opening of Frito Galoto at Simpson and Dewey. Ald. Holmes made a reference to have the Code books available at the City. Ward 6, Alderman Tendam had no report. Ward 7, Alderman Grover had no report. Ward 8, Alderman Rainey stated the property code protections tenant’s rights. Ward 9, Alderman Burrus thanked the Police Department for their assistance to one of her constituents who had been abused by her caretaker. Ward 1, Alderman Fiske welcomed the art department of Northwestern in the old Roycemore School. Ward 2, Alderman Braithwaite thanked his residents for attending the 2nd ward meeting and there will be a follow-up concerning Team Evanston. Alderman Wilson motioned to adjourn and convene into Executive Session to discuss Litigation, Real Estate, and Minutes. Unanimous voice vote was obtained and the Regular Meeting of the City Council ended at 9:57 P.M. Submitted by, Hon. Rodney Greene, MMC City Clerk 5/22/2014 11:26 AM 33 of 374 Rev. 5/23/2014 3:00:14 PM ADMINISTRATION & PUBLIC WORKS COMMITTEE Tuesday, May 27, 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 May 12, 2014 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through May 4, 2014 $2,514,169.76 (A2) City of Evanston Bills -- May 28, 2014 $2,192,895.08 For Action (A3.1) Approval of 2014 Water Main and Street Resurfacing (CIP 2) Contract wit h A. Lamp Concrete Contractors Inc. (Bid 14-27) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Water Main Replacement & Street Resurfacing CIP 2 Project to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $2,548,361.25. Funding is provided by the Water Fund (733086.65515) in the amount of $1,791,888.62; Sewer Fund (7420.65515) in the amount of $100,719.65; and Capital Improvement Plan (CIP) Street Resurfacing Account (415857.65515) in the amount $655,752.99. For Action (A3.2) Approval of 2014 Street Improvement (CIP 3) Contract with A. Lamp Concrete Contractors Inc. (Bid 14-31) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Street Improvement Project CIP 3 to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $1,128,934.10. Funding is provided by the 2014 CIP Street Resurfacing Account (415857.65515) in the amount of $862,334.10; Pedestrian Safety Account (416434.65515) in the amount of $60,000; and Sewer Fund (7420.65515) in the amount of $206,600. For Action Rev. 5/23/2014 3:00:14 PM (A3.3) Approval of Changes to ADT Alarm Monitoring Agreement Staff recommends City Council authorize the City Manager to execute a new agreement with ADT Security Systems, Inc. (now Tyco Integrated Security) for the monitoring of City facilities. The Annual Service Charges are $13,860 per year, and the Initial Term of the Agreement is 5 years. Funding will continue to be provided by Information Technology Account 1932.64505 (Telecommunications – Line Carrier Charges) with a budget of $37,500. For Action (A4) Resolution25-R-14, Law Enforcement Mutual Aid Agreement and the Existence and Formation of the Illinois Law Enforcement Alarm System by Intergovernmental Cooperation Staff recommends City Council adoption of Resolution 25-R-14 authorizing the City Manager to execute the intergovernmental “Law Enforcement Mutual Aid Agreement” (“Mutual Aid Agreement”) with other municipalities a nd public agencies in Illinois who are members of the Illinois Law Enforcement Alarm System (“ILEAS”). For Action (A5) Resolution 26-R-14, Memorandum of Understanding with the Cook County Department of Homeland Security and Emergency Management for Emergency Equipment Assistance if Needed by the City of Evanston Staff recommends City Council adoption of Resolution 26-R-14 authorizing the City Manager to execute an Emergency Equipment Memorandum of Understanding between the City of Evanston and the Cook County Department of Homeland Security and Emergency Management (DHSEM) to provide emergency event and disaster response assistance through the use of DHSEM emergency equipment when local resources are insufficient to meet the response needs of the City of Evanston. For Action (A6) Resolution 31-R-14: Renewal of Easement Agreement with the Metropolitan Water Reclamation District of Greater Chicago Staff recommends City Council adoption of Resolution 31-R-14 authorizing the City Manager to execute an easement agreement with the Metropolitan Water Reclamation District of Greater Chicago, which will allow the City to maintain and repair an existing 48-inch diameter storm sewer along Popular Avenue. For Action (A7) Resolution 39-R-14, Regarding Howard Hartrey TIF District Surplus Staff recommends the City Council adoption of Resolution 39-R-14 declaring a surplus of $1.0M from the Howard Hartrey Tax Increment Financing (TIF) District at the end of Fiscal Year 2013. For Action Rev. 5/23/2014 3:00:14 PM (A8) Ordinance 64-O-14 Alley Paving Special Assessment No. 1511 Staff recommends adoption of Ordinance 64-O-14 by which City Council would authorize paving of the alley north of Leonard Place, east of Wesley Avenue through the Special Assessment Process. Funding is provided by: $99,900.68 from the Special Assessment Account (6365.65515) and $99,900.68 from the 2014 approved CIP budget for alley paving. The adjacent property owners are responsible for half of the project cost through the special assessment process. For Introduction IV. ITEMS FOR DISCUSSION (APW1)Banner Policy For Discussion V. COMMUNICATIONS VI. ADJOURNMENT Administration and Public Works Committee Meeting Minutes of May 12 , 2014 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, A. Rainey, P. Braithwaite, J. Grover MEMBERS ABSENT: C. Burrus STAFF PRESENT: L. Biggs, M. Lyons, W. Bobkiewicz, E. Thomas-Smith, Chief Eddington, L. Jeschke, C. Plante, T. Turner, S. Robinson, G. Farrar, J. Maiworm, STAFF ABSENT: D. Stoneback, H. Pirooz, P. D’Agostino, S. Flax, J. Williams- Kinsel, A. Porta, J. Murphy, J. Calderon, J. McRae, R. Voss, R. Dahal, E. Storlie, B. Dorneker, Chief Klaiber, S. Nagar PRESIDING OFFICIAL: Ald. Holmes I. DECLARATION OF QUORUM A quorum being present, Ald. Holmes called the meeting to order at 6:03 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF APRIL 28, 2014. Ald . Rainey moved to approve the minutes of the APRIL 28, 2014 A&PW meeting as submitted, seconded by Ald. Braithwaite. The minutes of the April 28, 2014 meeting were approved unanimously 4-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through April 20, 2014 $2,730,878.93 (A2) City of Evanston Bills -- May 13, 2014 $6,471,609.80 Credit Card Activity Ending March 31, 2014 $ 126,582.57 For Action Ald. Rainey moved to approve the City of Evanston Payroll (A1) through April 20, 2014 seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to approve the payroll. Ald. Grover moved to approve the City of Evanston Bills through May 13 , 2014 and credit card activity ending March 31, 2014, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to approve the bills and credit card activity. DRAFT- NOT APPROVED 37 of 374 Administration and Public Works Committee Meeting Minutes of 5-12-14 Page 2 of 8 (A3.1) Approval of Renewal of Computer Aided Dispatch System Software License and Service Agreement with SunGard Public Sector Staff recommends that the City Council authorize the City Manager to renew sole source software license and service agreement with SunGard Public Sector (1000 Business Center Drive, Lake Mary, FL) for the Police Department’s Computer Aided Dispatch System (CADS) software in the amount of $72,931.77. The Agreement is effective from May 1, 2014 through April 30, 2015. Funding is provided by the Emergency Telephone System Account 5150.62509 with a Budget of $88,500. For Action Ald. Braithwaite moved to authorize the City Manager to renew the sole source software license and service agreement with SunGard Public Sector for the Police Department’s Computer Aided Dispatch System (CADS) software in the amount of $72,931.77, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend approval of the agreement. (A3.2) Approval of Salt Dome Construction Contract with Dome Corporation of North America (Bid 14-18) Staff recommends City Council approval of a contract for the construction of a new salt dome to Dome Corporation of North America (5450 East Street, Saginaw, MI) in the amount of $335,680. Funding for this project will be from the Capital Improvement Fund with a budget of $380,000 for this project. For Action Ald. Rainey moved to recommend approval of a contract for the construction of a new salt dome to Dome Corporation of North America in the amount of $335,680, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend approval of the contract. (A3.3) Approval of Material Testing and Inspection Contract with GSG Material Testing Inc. (RFP 14-28) Staff recommends City Council authorize the City Manager to execute the agreement for the Material Testing and Inspection Services with GSG Material Testing Inc. (2945 W. Harrison, Chicago, IL) to provide material testing services for various City projects. The total contract amount for 2014 Projects Material Testing Services is $115,500. Funding source is provided on project list, Attachment A. For Action Ald. Grover moved to recommend that City Council authorize the City Manager to execute the agreement for the Material Testing and Inspection Services with GSG Material Testing Inc. to provide material testing services for various City projects, seconded by Alderman Rainey. The Committee voted unanimously 4-0 to recommend approval of the contract extension. (A3.4) Approval of Annual Harley Davidson Lease Agreement Year #3 for the Evanston Police Department (Bid 12-123) 38 of 374 Administration and Public Works Committee Meeting Minutes of 5-12-14 Page 3 of 8 Staff recommends that City Council authorize the City Manager to execute a one (1) year lease agreement with Chicago Harley Davidson Inc. (2929 Patriot Boulevard, Glenview, IL) in the amount of $27,319 for the period of June 1, 2014 to May 31, 2015 for seven (7) leased Harley Davidson motorcycles. Funding is provided by Equipment Replacement Fund, Vehicle Lease Charges Account 7780.62402 and the Automotive Equipment Account 7780.65550. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute a one (1) year lease agreement with Chicago Harley Davidson Inc. in the amount of $27,319 for the period of June 1, 2014 to May 31, 2015 for seven (7) leased Harley Davidson motorcycles, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend approval of the agreement. (A3.5) Approval of Arbotect Fungicide Purchase from Rainbow Treecare Scientific Advancements Staff recommends approval of the sole source purchase of 81 gallons of Arbotect fungicide from Rainbow Treecare Scientific Advancements (Minnetonka, MN) at $385.00 per gallon for a total purchase amount of $31,185. Rainbow Treecare Scientific Advancements is the sole source vendor within the entire country for this product. Funding is provided by General Fund account 2655.62496. For Action Ald. Braithwaite moved to recommend approval of the sole source purchase of 81 gallons of Arbotect fungicide from Rainbow Treecare Scientific Advancements at $385.00 per gallon for a total purchase amount of $31,185, seconded by Ald. Grover. The Committee voted unanimously 4-0 to recommend approval of the purchase. (A4) Resolution 32-R-14, Collective Bargaining Agreement with the Fraternal Order of Police – Officers (FOP) Staff recommends City Council approval of Resolution 32-R-14 to authorize the City Manager to execute a collective bargaining agreement with the Fraternal Order of Police – Officers bargaining unit effective January 1, 2014 through December 31, 2016. City Council approval will ratify the tentative agreements executed throughout the negotiation process. For Action Ald. Rainey moved to recommend City Council approval of Resolution 32-R-14 to authorize the City Manager to execute a collective bargaining agreement with the Fraternal Order of Police – Officers bargaining unit effective January 1, 2014 through December 31, 2016, seconded by Ald. Grover. Ald. Grover noted that the educational incentive provided in this collective bargaining agreement is not tuition reimbursement, but involves step pay and salary. The agreement will be available on the City’s website under the Transparency tab upon conclusion. 39 of 374 Administration and Public Works Committee Meeting Minutes of 5-12-14 Page 4 of 8 The Committee voted unanimously 4-0 to recommend approval of the resolution. (A5) Resolution 33-R-14, Collective Bargaining Agreement with the American Federal State County and Municipal Employee (AFSCME) Council 31 Staff recommends City Council approval of Resolution 33-R-14 to authorize the City Manager to execute a collective bargaining agreement with the AFSCME Council 31 bargaining unit effective January 1, 2014 through December 31, 2016. City Council approval will ratify the tentative agreements executed throughout the negotiation process. For Action Ald. Grover moved to recommend City Council approval of Resolution 33-R-14 to authorize the City Manager to execute a collective bargaining agreement with the AFSCME Council 31 bargaining unit effective January 1, 2014 through December 31, 2016, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend approval of the resolution. (A6) Ordinance 42-O-14, Amending P-1 Liquor License and Creating P-2 License Local Liquor Commissioner recommends City Council adoption of Ordinance 42-O- 14, which amends the Class P-1 liquor license. Recognizing the different business models, a new subsection, Class P-2, was created to classify larger craft breweries selling beer at retail, and addressing food service and product consumption in craft brewery taprooms. For Introduction Ald. Holmes moved to recommend City Council adoption of Ordinance 42-O- 14, which amends the Class P-1 liquor license. Recognizing the different business models, a new subsection, Class P-2, was created to classify larger craft breweries selling beer at retail, and addressing food service and product consumption in craft brewery taprooms, seconded by Ald. Rainey. Ald. Grover pointed out an error on Page 119 of the packet. The sentence will read: Class P-2 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to retail sale for on- site consumption. The correction will be made in the final version. Ald. Rainey thought all of the changes are appropriate for the nuances related to these kinds of breweries. She asked if there were any complaints from any of the brewers regarding the changes. Ald. Braithwaite thanked the Mayor and Legal staff for their work on this issue. Temperance Brewery did require further clarification of the ordinance, which was completed successfully over two meetings. Ald. Rainey added that the work done on this was excellent. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. 40 of 374 Administration and Public Works Committee Meeting Minutes of 5-12-14 Page 5 of 8 PUBLIC COMMENT Niki Hiltwein, 820 Hinman, explained that Sketchbook Brewing is the first craft brewery classified as a retail goods establishment. She expressed concern that all public access to Sketchbook will be through an alley shared with a residentially zoned district. She believes that the special use process would ensure that site- specific conditions, like lack of a storefront, are given the attention they deserve and protects residential neighborhoods that adjoin business and commercial districts. The difference between a nanobrewery and a microbrewery would be determined in conjunction with the special use process and every location would be examined for proper zoning issuance. Ms. Hiltwein pointed out changes to the original ordinance: a) The amount of beer permitted for off-premises consumption was lowered from 40 ounces to 32 ounces; b) Language was removed that indicate a six ounce limit of samples as well as prohibiting the sale of samples. City Attorney Grant Farrar explained that in further consideration in meetings with the prospective licensees the decision was made to propose no hard cap relative to sampling or retail sale. The sample size pursuant to the Illinois Liquor Control Commission is 2 ounces although there is no hard cap. However, the BASSET regulations for over-service applies. At Ald. Rainey’s inquiry, City Attorney Farrar confirmed that because there is no cap there is no distinction of whether the samples can be sold. Ald. Rainey will not support this item. She stated that a cap must be placed on samples and should under no circumstances be sold. If there are unlimited samples for sale, food must be available. Also, they must apply for a P-1 license instead of a P-2. Ald. Rainey stated she is not concerned with the alley location because there is a distillery in a similar location. She explained that the rules cannot be changed for this issue, but future cases may be considered for special use. Ms. Hiltwein was also concerned with the extension of hours as related to the hours of the other retail goods establishments in the C1a district. She supports the microbrewery model and feels that Sketchbook should be considered a microbrewery. Cesar Marron, Co-founder of Sketchbook Brewery, provided a brief description of the business model at Ald. Braithwaite’s request. Sketchbook is a nanobrewery as it will produce less than 2,000 barrels of beer per year. The business model is to produce and sell beer for take home use in sealed full and half growlers (64 and 32 ounces). Sales transactions will be completed by owners with a BASSET certification, as required by the City and state. He confirmed the hours of operation: Wednesday 5pm-8pm, Thursday 4pm-8pm, Friday 4pm-10pm, Saturday 12pm- 10pm, Sunday 12pm-6pm. Customers can walk in and sample one of the five Sketchbook products for free. The Illinois Liquor Control Commission states that up to three samples of no more than 2 ounces of beer may be served to a consumer in one day. The customer would then 41 of 374 Administration and Public Works Committee Meeting Minutes of 5-12-14 Page 6 of 8 purchase their growler to go. He added that there is no onsite consumption other than the samples. The location can accommodate approximately 10-15 customers at a time, with no seating available. Mr. Marron intends to grow the business and eventually occupy the storefront of 825 Chicago Ave. At Ald. Rainey’s inquiry, Mr. Marron confirmed that Sketchbook will not sell any samples. He clarified that the issue challenged was the cap on the ability to sell full and half pints of beer. Randall Huiskins, 824 Hinman, expressed apprehension about the location of Sketchbook because pedestrian traffic will be routed down an alley intended for vehicular traffic in a residential area. He did not feel that the alley is a place for an alcohol establishment. His major concerns were the safety issues to pedestrian traffic, disruption of the quality of life due to the extended hours of operation, diminished property value and increased crime. He also noted the possible congestion of the alley due to patrons double-parking or parking in private parking spaces. He strongly opposes the establishment of this business. Ald. Rainey proposed amendments to the ordinance that creates the license: 1) Limit of three 2 ounce samples per person; 2) No fee for any samples. City Attorney Farrar agreed to research the state statute on sample limits and apply it to the ordinance at Ald. Holmes’ request. Ald. Rainey also made a reference to the Plan Commission that micro and nanobreweries be special use in districts that adjoin a residential district. Ald. Grover requested that the license application conforms to what the applicant is seeking. She pointed out the discrepancies in the hours requested and the limit on the amount of samples. She added that the zoning ordinance will be amended at Planning and Development to align it with the Class P-1 license following this meeting. Ald. Holmes inquired about the zoning and rental of the property with no physical storefront address at 825 Chicago Ave. Mark Muenzer, Director of Community Development explained that the City and building codes do not require a business in this zoning district to have a storefront entrance or an entrance from a public street. Director Muenzer will investigate the safety issue as a revision to the zoning ordinance. (A7) Ordinance 49-O-14, Increasing P-1 Liquor Licenses for Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago Avenue, Suite E2 Liquor Control Review Board recommends City Council adoption 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 (1) to two (2), 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 Ald. Braithwaite moved to recommend City Council adoption 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 42 of 374 Administration and Public Works Committee Meeting Minutes of 5-12-14 Page 7 of 8 one (1) to two (2), 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, seconded by Ald. Grover. City Attorney Farrar confirmed that the amendments proposed by Ald. Rainey revise Item A6, Ordinance 42-O-14. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (A8) Ordinance 23-O-14, Addition of Chapter 31 to Title 3 of the Evanston City Code Regulating Collection Boxes Staff submits for introduction the addition of reasonable requirements to the City Code, which would regulate the placement and appearance of collection boxes within the City of Evanston. Ordinance 23-O-14 requires entities interested in placing a collection box to obtain a license from the City of Evanston for a fee. Evanston- based non-profits (such as the Evanston School Children’s Clothing Association and the YWCA) must still obtain such license but are exempt from paying the license fee. For Introduction Ald. Holmes moved to recommend the addition of reasonable requirements to the City Code, which would regulate the placement and appearance of collection boxes within the City of Evanston, seconded by Ald. Grover. City Attorney Farrar explained that the Trade Association is on board with the proposed changes. As the process has evolved, we have tracked and conformed to relevant case law. He added that the original effective date of July 1, 2014 was proposed in March to enable enough lead time to properly notify applicants of the change, however the effective date is amenable to the direction of the committee. Ald. Grover proposed enforcing the ordinance effective October 1, 2014 and charging the license fee January 1, 2015 to get relief from unauthorized boxes placed throughout the City. City Manager Bobkiewicz encouraged the committee to move the effective date to July 1, 2014. The organization that places the containers confirmed that they will work diligently to distribute notifications to the appropriate parties. He thanked the Legal Department for all their work. Carlo Cavallaro, USAgain, LLC, 1555 W. Hawthorne Lane, West Chicago, IL, Director of Governmental Affairs, represents Secondary Materials and Recycled Textiles (SMART) Association. He explained that all members of SMART are easy to find because the code of conduct requires contact information be displayed on each bin. He did not see enforcement and compliance as issues once notifications are made. Ald. Rainey moved to recommend changing the effective date of the ordinance to July 1st and pro-rating the fee for 2014 as amended. 43 of 374 Administration and Public Works Committee Meeting Minutes of 5-12-14 Page 8 of 8 The Committee voted unanimously 4-0 to recommend approval of the ordinance. IV. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Rainey moved to adjourn. The Committee voted unanimously 4-0 to adjourn. The meeting was adjourned at 6:35p.m. Respectfully submitted, Janella Hardin 44 of 374 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: May 22, 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 – April 21, 2014 through May 4, 2014 $2,514,169.76 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – May 28, 2014 $2,192,895.08 General Fund Amount – Bills list $ 252,446.81 General Fund Amount – Supplemental list $ 0.00 General Fund Total: $ 252,446.81 TOTAL AMOUNT OF BILLS LIST & PAYROLL $4,707,064.84 *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 For City Council meeting of May 27, 2014 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 45 of 374 100 GENERAL FUND 100 GENERAL 21639 EYE MED VISION CARE VISION INSURANCE 3,064.94 100 GENERAL Total 3,064.94 1505 CITY MANAGER 62295 STORLIE, ERIKA TRANSFORMING LOCAL GOVT.639.35 62295 WALTER BOBKIEWICZ CONSULTING SERVICES 1,657.61 62509 GOV TEMPS USA, LLC CONSULTING SERVICES 3,150.00 1505 CITY MANAGER Total 5,446.96 1510 PUBLIC INFORMATION 62210 SUPERGURL IMAGES PRINTING 300.00 1510 PUBLIC INFORMATION Total 300.00 1705 LEGAL ADMINISTRATION 62130 FRIEDMAN, CHAYA ACCESS DATABASES 3,812.50 62130 TRANSCRIPTION PROFESSIONALS TRANSCRIPTS 75.00 62345 FEDERAL EXPRESS CORP.SHIPPING CHARGES 68.26 65095 OFFICE DEPOT OFFICE SUPPLIES‐CERTIFICATE 46.31 65095 OFFICE DEPOT OFFICE SUPPLIES‐OIL 11.57 65095 OFFICE DEPOT OFFICE SUPPLIES‐SHREDDER 71.53 1705 LEGAL ADMINISTRATION Total 4,085.17 1905 ADM.SERVICES‐ GENERAL SUPPORT 62185 ACCOUNTEMPS CONSULTING SERVICES 2,407.07 62185 MWM CONSULTING GROUP, INC. CONSULTING SERVICES 6,000.00 1905 ADM.SERVICES‐ GENERAL SUPPORT Total 8,407.07 1910 FINANCE DIVISION ‐ REVENUE 64541 AZAVAR TECHNOLOGIES UTILITY AUDIT 51.92 1910 FINANCE DIVISION ‐ REVENUE Total 51.92 1920 FINANCE DIVISION ‐ ACCOUNTING 62185 ACCOUNTEMPS CONSULTING SERVICES 5,099.98 1920 FINANCE DIVISION ‐ ACCOUNTING Total 5,099.98 1932 INFORMATION TECHNOLOGY DIVI.62340 AT & T COMMUNICATION CHARGES 116.80 62340 SOURCE DIRECT MAINTENANCE SUPPORT 3,243.60 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER MAINTENANCE 3,014.58 62509 TERILLIUM CONSULTING SERVICES 4,650.00 64505 CALL ONE COMMUNICATION CHARGES 16,721.82 64540 VERIZON WIRELESS COMMUNICATION CHARGES 1,254.33 1932 INFORMATION TECHNOLOGY DIVI. Total 29,001.13 1941 PARKING ENFORCEMENT & TICKETS 52505 AMERICAN TRAFFIC SOLUTIONS, INC. CITATION 700544368 WAS PAID TWICE 35.00 62451 ARETAKIS, ALEXANDER TOW & HOOK 185.00 62451 NORTH SHORE TOWING TOW & HOOK 1,575.00 64005 COMED UTILITIES‐APRIL 73.89 1941 PARKING ENFORCEMENT & TICKETS Total 1,868.89 2105 PLANNING & ZONING 62185 PARSONS BRINCKERHOFF MAIN STREET 5,174.85 2105 PLANNING & ZONING Total 5,174.85 2120 HOUSING REHABILITATION 62295 CURSOR CONTROL INC CDM TRAINING 1,500.00 64545 CURSOR CONTROL INC SUBSCRIPTION 5,830.00 2120 HOUSING REHABILITATION Total 7,330.00 2126 BUILDING INSPECTION SERVICES 62150 SAFEBUILT ILLINOIS INSPECTION 678.00 62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 695.00 62210 TEUTEBERG INC LASER 349.00 62295 HOWARD, RUDNY REIMBURSEMENT 100.00 62295 BOOKER, CHRISTOPHER REIMBURSEMENT 100.00 62464 SAFEBUILT ILLINOIS INSPECTION 1,836.67 2126 BUILDING INSPECTION SERVICES Total 3,758.67 2205 POLICE ADMINISTRATION 62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE 6,087.96 62315 FEDERAL EXPRESS CORP.SHIPPING 11.72 62360 NELSON, KELLI VICTIM SERVICE ADVOCATE 2,372.14 62360 WILD CROW COMMUNICATION, INC CONSULTING 300.00 62375 MICROSYSTEMS INC.MICROFILM STORAGE 410.62 64005 COMED UTILITIES‐APRIL 200.68 65125 EVANSTON FUNERAL & CREMATION REMOVAL SERVICE 1,180.00 68205 NATIONAL AWARD SERVICES PLAQUE 55.00 2205 POLICE ADMINISTRATION Total 10,618.12 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 146 of 374 2210 PATROL OPERATIONS 65020 VCG UNIFORM UNIFORMS 3,538.05 2210 PATROL OPERATIONS Total 3,538.05 2215 CRIMINAL INVESTIGATION 65125 JP MORGAN CHASE BANK, N.A. SUBPOENA 14‐001285 22.82 2215 CRIMINAL INVESTIGATION Total 22.82 2240 POLICE RECORDS 65095 ALLEGRA PRINT & IMAGING MEMO PADS 489.00 2240 POLICE RECORDS Total 489.00 2250 SERVICE DESK 62425 COLLEY ELEVATOR CO.ELEVATOR INSPECTION 176.00 65040 LAPORT INC JANITORIAL SUPPLIES 82.11 2250 SERVICE DESK Total 258.11 2251 311 CENTER 64505 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 64505 AT & T TELEPHONE SYSTEMS 529.94 2251 311 CENTER Total 567.95 2255 OFFICE‐PROFESSIONAL STANDARDS 61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 56.70 2255 OFFICE‐PROFESSIONAL STANDARDS Total 56.70 2260 OFFICE OF ADMINISTRATION 62295 EVANSTON ATHLETIC CLUB EAC USAGE 429.35 62295 NORTHWESTERN UNIVERSITY TRAINING 950.00 2260 OFFICE OF ADMINISTRATION Total 1,379.35 2280 ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST MANAGEMENT 52.76 64015 NICOR UTILITIES‐APRIL 484.03 2280 ANIMAL CONTROL Total 536.79 2305 FIRE MGT & SUPPORT 62315 FEDERAL EXPRESS CORP.SHIPPING 74.14 62360 NORTHEASTERN ILLINOIS PUBLIC SAFETY MEMBERSHIP 23,545.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.04 65020 ON TIME EMBROIDERY, INC.UNIFORMS 3,487.40 65050 HASTINGS AIR‐ENERGY CONTROL EXHAUST REPAIR 897.95 65070 FOX VALLEY FIRE & SAFETY ANSUL SERVICE 110.75 2305 FIRE MGT & SUPPORT Total 28,267.28 2310 FIRE PREVENTION 62245 GENERATION COPY INC FORMS 102.00 2310 FIRE PREVENTION Total 102.00 2315 FIRE SUPPRESSION 53675 ANDRES MEDICAL BILLING AMBULANCE CHARGES 7,832.85 62295 UNIVERSITY OF ILLINOIS TRAINING 675.00 62295 VILLAGE OF ROMEOVILLE FIRE ACADEMY TRAINING 1,010.00 62430 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE 1,252.38 62521 PHYSIO‐CONTROL, INC.CARDIAC MONITOR 522.00 62522 AIR ONE EQUIPMENT HYDRO TESTING 239.50 65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 431.90 65040 GRAINGER, INC., W.W.JANITORIAL SUPPLIES 304.73 65040 LAPORT INC JANITORIAL SUPPLIES 411.22 2315 FIRE SUPPRESSION Total 12,679.58 2435 FOOD AND ENVIRONMENTAL HEALTH 62468 DUDLEY, JESSYCA IL TOBACCO FREE MEETING 106.11 62477 LASSISTER, ELIZABETH MRC CONFERENCE 181.63 2435 FOOD AND ENVIRONMENTAL HEALTH Total 287.74 2440 VITAL RECORDS 62210 MSF GRAPHICS, INC.BIRTH CERTIFICATES 741.00 62490 IL DEPT OF PUBLIC HEALTH DEATH CERTIFICATES 1,144.00 2440 VITAL RECORDS Total 1,885.00 2455 COMMUNITY HEALTH 62490 EVANSTON TOWNSHIP HIGH SCHOOL OUTPATIENT PHARMACY 5,804.93 2455 COMMUNITY HEALTH Total 5,804.93 2460 COMMUNITY PURCHASED SERVICES 67146 NW CENTER AGAINST SEXUAL ASSAULT COMMUNITY PURCHASED SERVICES 2,712.95 2460 COMMUNITY PURCHASED SERVICES Total 2,712.95 2605 DIRECTOR OF PUBLIC WORKS 62360 AMERICAN PUBLIC WORKS MEMBERSHIP 322.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 2605 DIRECTOR OF PUBLIC WORKS Total 360.01 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 247 of 374 2610 MUNICIPAL SERVICE CENTER 62430 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE 2,901.36 62440 METRO DOOR AND DOCK, INC. OVERHEAD DOOR MAINT.290.74 64005 COMED UTILITIES‐APRIL 124.94 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 130.34 2610 MUNICIPAL SERVICE CENTER Total 3,447.38 2625 ENGINEERING 62360 AMERICAN PUBLIC WORKS MEMBERSHIP 483.00 2625 ENGINEERING Total 483.00 2640 TRAF. SIG. & ST. LIGHT. MAINT 64007 COMED UTILITIES‐APRIL 7,270.05 64008 COMED UTILITIES‐APRIL 40.81 2640 TRAF. SIG. & ST. LIGHT. MAINT Total 7,310.86 2650 PARKS AND FORESTRY ADMIN 62360 AMERICAN PUBLIC WORKS MEMBERSHIP 322.00 2650 PARKS AND FORESTRY ADMIN Total 322.00 2655 PARKS & FORESTRY MAINT. & OPER.62385 SUNRISE TREE SERVICE INC TREE REMOVAL 485.00 65070 RUSSO POWER EQUIPMENT BLADES 118.33 65070 RUSSO POWER EQUIPMENT RADIO 405.00 65070 REINDERS, INC.BELT 144.10 65070 REINDERS, INC.BUSHING 32.62 65070 REINDERS, INC.HOC COLLAR 75.56 65070 REINDERS, INC.MOTOR 354.45 65070 REINDERS, INC.PIN‐DOWEL 4.10 2655 PARKS & FORESTRY MAINT. & OPER. Total 1,619.16 2665 STREETS AND SANITATION ADMINIS 62360 AMERICAN PUBLIC WORKS MEMBERSHIP 644.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 380.10 2665 STREETS AND SANITATION ADMINIS Total 1,024.10 2670 STREET AND ALLEY MAINTENANCE 65055 ARROW ROAD CONSTRUCTION HOT ASPHALT MIX 163.28 65055 PETER BAKER & SON CO.COLD PATCH MATERIAL 4,260.00 65055 OZINGA CHICAGO RMC, INC.CONCRETE 1,151.00 65155 MIDWEST FENCE COMPANY GUARDRAIL 2,180.00 2670 STREET AND ALLEY MAINTENANCE Total 7,754.28 2677 FACILITIES 62225 ANDERSON PEST CONTROL PEST MANAGEMENT 464.20 62225 MARK VEND COMPANY ALDERMANIC LIBRARY 190.58 62225 OFFICE CONCEPTS FURNITURE 6,859.20 62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE 9,339.82 62360 AMERICAN PUBLIC WORKS MEMBERSHIP 483.00 64015 NICOR UTILITIES‐APRIL 540.22 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLIES 183.12 2677 FACILITIES Total 18,060.14 2680 SNOW AND ICE CONTROL 62451 ALERT TOWING, INC.TOWING RETAINER 210.00 62451 EMERGENCY ROAD SERVICE, INC. TOWING RETAINER 210.00 62451 JOSE QUETELL, JR.TOWING RETAINER 210.00 62451 LOUIE'S TOWING TOWING RETAINER 210.00 62451 NORTH SHORE TOWING TOWING RETAINER 210.00 62451 WWF TOWING TOWING RETAINER 210.00 62451 VIC'S TOWING, INC.TOWING RETAINER 210.00 62451 FRANCISCO DE JESUS TOWING RETAINER 210.00 62451 ULRIC RECOVERY, INC.TOWING RETAINER 210.00 62451 AUTO CARRIER EXPRESS TOWING RETAINER 630.00 62451 AUTO RECOVERY AND TOWING TOWING RETAINER 210.00 62451 FREEDOM TOWING, INC.TOWING RETAINER 420.00 62451 MONARCA TOWING SERVICE, INC. TOWING RETAINER 210.00 62451 T‐BONE TOWING TOWING RETAINER 210.00 62451 ALPHA CARRIER EXPERTS, INC. TOWING RETAINER 630.00 62451 S & L TOWING INC TOWING RETAINER 420.00 62451 MOBILE TRANSPORT, LLC TOWING RETAINER 630.00 65015 RUSSO POWER EQUIPMENT BAGGED SALT FOR SIDEWALKS 2,600.00 2680 SNOW AND ICE CONTROL Total 7,850.00 3005 REC. MGMT. & GENERAL SUPPORT 62360 ICMA ICMA MEMBERSHIP RENEWAL 1,064.00 3005 REC. MGMT. & GENERAL SUPPORT Total 1,064.00 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 348 of 374 3010 REC. BUSINESS & FISCAL MGMT 62235 MIDWEST TIME RECORDER TIME CLOCK RIBBON 36.00 62235 VERMONT SYSTEMS INC TECHNICAL SUPPORT REGISTRATION SOFTWARE 100.00 62275 FEDERAL EXPRESS CORP.SHIPPING COSTS 13.29 62705 PLUG & PAY TECHNOLOGIES FEE FOR ONLINE PAYMENTS 226.12 3010 REC. BUSINESS & FISCAL MGMT Total 375.41 3020 REC GENERAL SUPPORT 65125 VERIZON WIRELESS COMMUNICATION CHARGES 418.11 3020 REC GENERAL SUPPORT Total 418.11 3025 PARK UTILITIES 64005 COMED UTILITIES‐APRIL 1,744.16 64015 NICOR UTILITIES‐APRIL 755.30 3025 PARK UTILITIES Total 2,499.46 3030 CROWN COMMUNITY CENTER 62505 GARY KANTOR MAGIC INSTRUCTOR 434.00 62505 FONSECA MARTIAL ARTS MARTIAL ARTS INSTRUCTOR 2,892.40 62505 MICHELLE A. VAN DER KARR ADULT DANCE INSTRUCTOR 80.00 3030 CROWN COMMUNITY CENTER Total 3,406.40 3040 FLEETWOOD JOURDAIN COM CT 62495 ANDERSON PEST CONTROL PEST CONTROL 82.00 62507 POSITIVE CONNECTIONS, INC.TRANSPORTATION FIELD TRIP AS 264.00 62507 POSITIVE CONNECTIONS, INC.TRANSPORTATION FIELD TRIP SB 638.00 62511 JESSE WHITE TUMBLING TEAM ENTERTAINMENT FOR CHILDRENS DAY 350.00 62511 JENEVIEVE ARCENEAUX FACE PAINTING FOR CHILDRENS DAY 150.00 65110 COMCAST CABLE COMMUNICATION CHARGES‐APRIL 102.57 65110 INSOLAR WINDOW TREATMENTS INC. INSTALL OF FITNESS CENTER BLINDS 1,236.00 65110 CINTAS CORPORATION #769 MAT SERVICE 163.04 3040 FLEETWOOD JOURDAIN COM CT Total 2,985.61 3045 FLEETWOOD/JOURDAIN THEATR 62210 QUARTET COPIES PRINTING 19.27 3045 FLEETWOOD/JOURDAIN THEATR Total 19.27 3050 RECREATION OUTREACH PROGRAM 62210 GENERATION COPY INC PRINTING 376.00 62495 ANDERSON PEST CONTROL PEST CONTROL 33.33 62511 JESSE WHITE TUMBLING TEAM ENTERTAINMENT FOR CHILDRENS DAY 350.00 65095 ILLINOIS PAPER COMPANY OFFICE PAPER 114.20 3050 RECREATION OUTREACH PROGRAM Total 873.53 3055 LEVY CENTER SENIOR SERVICES 61062 KEVIN SPARKMON SECURITY FOR PRIVATE EVENT 586.00 62505 ADBRIDON CORP.FOREIGN LANGUAGE PROGRAMS 150.00 62695 BEST TAXI 720 TAXI COUPONS 4,320.00 62695 BEST TAXI 906 TAXI COUPONS 5,436.00 62695 303 TAXI 1,722 TAXI COUPONS 10,322.00 62695 303 TAXI 2,109 TAXI COUPONS 12,654.00 62695 AMERICAN CHARGE SERVICE 33 TAXI COUPONS 198.00 62695 METRO CABS 1 LLC 32 TAXI COUPONS 192.00 65110 MOBILE MINI, INC.RENTAL OF STORAGE TRAILER 533.53 65110 NATIONAL AWARD SERVICES PLAQUE AGING WELL CONFERENCE 35.00 3055 LEVY CENTER SENIOR SERVICES Total 34,426.53 3080 BEACHES 64015 NICOR UTILITIES‐APRIL 220.74 3080 BEACHES Total 220.74 3095 CROWN ICE RINK 62245 JORSON & CARLSON BLADE SHARPENING 65.73 62245 MCCAULEY MECHANICAL SERVICE REPAIR HEAT PUMP 370.00 62251 MCCAULEY MECHANICAL SERVICE REPAIR OIL LEAK IN COMPRESSOR #1 8,115.31 62375 JEAN'S GREENS, INC.PLANT SERVICE 100.00 62495 ANDERSON PEST CONTROL PEST CONTROL 79.00 62508 MATTHEW LEVI REFEREE ADULT BROOMBALL 60.00 62508 KRISTOFER R. KNUTSON REFEREE ADULT BROOMBALL 60.00 62508 LAPPING, RENEE SCORE KEEPER ADULT BROOMBALL 26.00 65040 LAPORT INC JANITORIAL SUPPLIES 529.54 3095 CROWN ICE RINK Total 9,405.58 3100 SPORTS LEAGUES 65110 BSN SPORTS ANCHOR POLE 614.97 65110 BSN SPORTS GROUND SOCKET 483.21 65110 D & R TRUCKING COMPANY BASEBALL MIX 550.00 3100 SPORTS LEAGUES Total 1,648.18 3605 ECOLOGY CENTER 62495 ANDERSON PEST CONTROL PEST MANAGEMENT 60.72 3605 ECOLOGY CENTER Total 60.72 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 449 of 374 3710 NOYES CULTURAL ARTS CENTER 62495 ANDERSON PEST CONTROL PEST MANAGEMENT 39.14 65050 CHICAGO SPOTLIGHT EQUIPMENT RENTAL 3,500.00 3710 NOYES CULTURAL ARTS CENTER Total 3,539.14 3720 CULTURAL ARTS PROGRAMS 62506 NORTHWESTERN UNIVERSITY WORKSTUDY PROGRAM 251.25 62507 POSITIVE CONNECTIONS, INC.TRANSPORTATION FIELD TRIP SB 176.00 62511 JONES, KIMBERLY E.ENTERTAINMENT SB CAMP 50.00 3720 CULTURAL ARTS PROGRAMS Total 477.25 100 GENERAL FUND Total 252,446.81 195 NEIGHBORHOOD STABILIZATION FUND 5005 NSP-GENERAL ADMINISTRATION 62295 CURSOR CONTROL I CDM TRAINING 1,500.00 195 NEIGHBORHOOD STABILIZATION FUND Total 1,500.00 205 EMERGENCY TELEPHONE (E911) FUND 5150 EMERGENCY TELEPHONE SYSTM 62509 IRON MOUNTAIN OFF‐SITE DATA PROTECTION 391.35 64505 AT & T COMMUNICATION CHARGES 477.20 64540 VERIZON WIRELESS COMMUNICATION CHARGES 2,964.84 65085 MOTOROLA SOLUTIONS, INC.COMMUNICATION CHARGES 1,498.52 5150 EMERGENCY TELEPHONE SYSTM Total 5,331.91 205 EMERGENCY TELEPHONE (E911) FUND Total 5,331.91 215 CDBG FUND 5200 HOUSING ASSISTANCE 62825 PITTMAN, LATASHA CDBG SECURITY IMPRV.1,337.63 5200 HOUSING ASSISTANCE Total 1,337.63 5220 CDBG ADMINISTRATION 62210 FEDEX KINKO'S ‐ CAS SHIPPING 59.23 5220 CDBG ADMINISTRATION Total 59.23 215 CDBG FUND Total 1,396.86 225 ECONOMIC DEVELOPMENT FUND 5300 ECON. DEVELOPMENT FUND 62136 PARSONS BRINCKERHOFF MAIN STREET 985.68 62295 CURSOR CONTROL INC CDM TRAINING 750.00 5300 ECON. DEVELOPMENT FUND Total 1,735.68 225 ECONOMIC DEVELOPMENT FUND Total 1,735.68 240 HOME FUND 5430 HOME FUND 62295 CURSOR CONTROL INC CDM TRAINING 375.00 5430 HOME FUND Total 375.00 240 HOME FUND Total 375.00 250 AFFORDABLE HOUSING FUND 2120 HOUSING REHAB 62295 CURSOR CONTROL INC CDM TRAINING 375.00 250 AFFORDABLE HOUSING FUND Total 375.00 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 550 of 374 320 DEBT SERVICE FUND 5707 2007 BONDS 62350 WELLS FARGO BANK G.O. SERIES 2007 250.00 5707 2007 BONDS Total 250.00 5708 2008C BONDS 62350 WELLS FARGO BANK G.O. SERIES 2008C 250.00 5708 2008C BONDS Total 250.00 5709 2008D BONDS 62350 WELLS FARGO BANK G.O. SERIES 2008B 250.00 5709 2008D BONDS Total 250.00 5710 2008A (REFINAN. 2000) GO BONDS 62350 WELLS FARGO BANK G.O. SERIES 2008A 250.00 5710 2008A (REFINAN. 2000) GO BONDS Total 250.00 320 DEBT SERVICE FUND Total 1,000.00 330 HOWARD‐RIDGE TIF FUND 5860 HOWARD RIDGE TIF 56010 SMITH MAINTENANCE COMPANY JANITORIAL SUPPLIES 1,530.00 64015 NICOR UTILITIES‐APRIL 76.04 5860 HOWARD RIDGE TIF Total 1,606.04 330 HOWARD‐RIDGE TIF FUND Total 1,606.04 415 CAPITAL IMPROVEMENTS FUND 4150 CAPITAL PROJECTS 415663 62171 BH SUHR AND COMPANY TOPOGRAPHIC PLAT OF SURVEY 8,650.00 415414 65502 CLAUSS BROTHERS, INC.LAKEFRONT LAGOON CONSTRUCTION 39,744.45 415385 65653 ELANAR CONSTRUCTION FIREMENS PARK RENO.98,691.50 4150 CAPITAL PROJECTS Total 147,085.95 415 CAPITAL IMPROVEMENTS FUND Total 147,085.95 505 PARKING SYSTEM FUND 7005 PARKING SYSTEM MGT 53245 COMED METER HOOD REFUND 225.00 65515 NEW WORLD SYSTEMS CONSULTING SERVICES 37,826.04 68205 VERIZON WIRELESS COMMUNICATION CHARGES 76.15 7005 PARKING SYSTEM MGT Total 38,127.19 7015 PARKING LOTS & METERS 64005 COMED UTILITIES‐APRIL 449.18 65070 TOTAL PARKING SOLUTIONS, INC. RECEIPT PAPER FOR PARKING TERMINALS 643.00 65070 IPS GROUP, INC.MONTHLY IPS METER TRANSACTION 346.00 7015 PARKING LOTS & METERS Total 1,438.18 7025 CHURCH STREET GARAGE 53515 ANARDE, VANESSA ACCESS CARD DEPOSIT REFUND 50.00 53515 THE ALFORD GROUP ACCESS CARD DEPOSIT REFUND 25.00 53515 HAY, RICHARD ACCESS CARD DEPOSIT REFUND 25.00 53515 WOLF, CYNTHIA ACCESS CARD DEPOSIT REFUND 25.00 64505 CALL ONE COMMUNICATION CHARGES 2,331.82 7025 CHURCH STREET GARAGE Total 2,456.82 7036 SHERMAN GARAGE 53515 HOUSE OF ATLAS, LLC ACCESS CARD DEPOSIT REFUND 25.00 53515 JACKSON, TAMIKA ACCESS CARD DEPOSIT REFUND 25.00 53515 MACIAS, ANDREA ACCESS CARD DEPOSIT REFUND 25.00 53515 MINEROF, BARRY ACCESS CARD DEPOSIT REFUND 25.00 53515 SHEN, JINGJIE ACCESS CARD DEPOSIT REFUND 25.00 62660 INLAND AMERICAN RETAIL MGMT MAINTENANCE 7,016.41 64505 CALL ONE COMMUNICATION CHARGES 3,988.90 7036 SHERMAN GARAGE Total 11,130.31 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 651 of 374 7037 MAPLE GARAGE 53515 BUCEY, MATTHEW ACCESS CARD DEPOSIT REFUND 25.00 53515 METKAR, SUNIL ACCESS CARD DEPOSIT REFUND 25.00 53515 SALAMANCA, LEO ACCESS CARD DEPOSIT REFUND 25.00 53515 TERPSTRA, AMY ACCESS CARD DEPOSIT REFUND 25.00 53515 VAN HORN, KYLE ACCESS CARD DEPOSIT REFUND 25.00 64015 NICOR UTILITIES‐APRIL 89.72 64015 NICOR UTILITIES‐MARCH 85.65 64505 CALL ONE COMMUNICATION CHARGES 2,915.29 7037 MAPLE GARAGE Total 3,215.66 505 PARKING SYSTEM FUND Total 56,368.16 510 WATER FUND 510 WATER 22700 HOLDAMPF, WALTER R WATER REFUND 397.04 22700 EVANSTON PLAZA HOLDINGS OVERPAYMENT OF WATER ACCOUNT 1,701.67 22700 ALLISON & KATALBA REID WATER REFUND 172.03 22700 FLEETWOOD, JULIE WATER REFUND 73.11 22700 MOUZAYANNI , SOHRAB WATER REFUND 261.68 22700 KFC‐Y200143 WATER REFUND 32.54 22700 TONYA SCHREDER & JOHN NORMAN WATER REFUND 430.24 22700 MICHAEL & MICHELLE KEATING WATER REFUND 107.69 22700 LAMELL, MAIDA WATER REFUND 320.00 22700 SHIRA 827 LLC WATER REFUND 89.12 22700 KUHNEN, GREGORY WATER REFUND 56.03 22700 BMO HARRIS BANK WATER REFUND 117.15 22700 EVANSTON 32 LLC WATER REFUND 62.67 22700 EVANSTON 32 LLC WATER REFUND 44.72 22700 J MICHAEL TRUMBOLD WATER REFUND 68.94 22700 JANIK, GLENN WATER REFUND 308.41 22700 WHITESIDE, PENELOPE WATER REFUND 103.88 22700 PURDY, CLAYTON WATER REFUND 359.50 22700 EVANSTON 30 LLC WATER REFUND 913.46 22700 VANHORN, KYLE WATER REFUND 95.95 22700 MOLINA, MICHELLE WATER REFUND 220.24 22700 JOHN J SOMMERS WATER REFUND 62.67 22700 BRIN NSP LLC WATER REFUND 71.93 510 WATER Total 6,070.67 7100 WATER GENERAL SUPPORT 53575 FEDERAL EXPRESS CORP.SHIPPING 64.57 62315 FEDERAL EXPRESS CORP.SHIPPING 15.35 62360 AMERICAN PUBLIC WORKS MEMBERSHIP 483.00 64505 BYTRONICS, INC.DIGTRACK TICKETS 162.20 65010 SPECIALTY PREMIUM GROUP IMPRINTED WATER BOTTLES 7,001.50 65095 OFFICE DEPOT OFFICE SUPPLIES‐FORMS 45.98 65095 OFFICE DEPOT OFFICE SUPPLIES‐LETTERS 99.87 65095 OFFICE DEPOT OFFICE SUPPLIES‐LEVER/POCKET 59.55 65095 OFFICE DEPOT OFFICE SUPPLIES‐PAPER 54.66 65095 OFFICE DEPOT OFFICE SUPPLIES‐PORTFOLIO 17.52 7100 WATER GENERAL SUPPORT Total 8,004.20 7105 PUMPING 64015 NICOR UTILITIES‐APRIL 67.68 64505 CALL ONE COMMUNICATION CHARGES 403.45 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 7105 PUMPING Total 547.15 7110 FILTRATION 62420 METRO. WATER RECLAIMATION SLUDGE REMOVAL 81,912.83 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 7110 FILTRATION Total 81,988.85 7115 DISTRIBUTION 62415 G & L CONTRACTORS, INC DEBRIS HAULING 9,200.00 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65055 MID AMERICAN WATER STAINLESS STEEL REPAIR CLAMPS 2,258.80 65055 HD SUPPLY WATERWORKS, LTD. VALVE BOXES & B‐BOXES 2,737.00 65090 HI‐VIZ, INC.BARRICADES 4,825.00 7115 DISTRIBUTION Total 19,096.82 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 752 of 374 7125 OTHER OPERATIONS 65080 HD SUPPLY WATERWORKS, LTD. VALVE BOXES & B‐BOXES 1,192.50 7125 OTHER OPERATIONS Total 1,192.50 510 WATER FUND Total 116,900.19 513 WATER DEPR IMPRV & EXTENSION 7330 WATER FUND DEP, IMP, EXT 62145 TANK INDUSTRY CONSULTANTS STANDPIPE PAINTING 4,395.00 65515 WATER RESOURCES AMI SYSTEM 57,266.48 65515 CAROLLO ENGINEERS, INC WATER PLANT INTAKE IMPROVEMENT 2,510.62 7330 WATER FUND DEP, IMP, EXT Total 64,172.10 7340 WATER DEP. IMP. & EXT.62145 CDM SMITH, INC.SCADA SYSTEM 1,631.88 7340 WATER DEP. IMP. & EXT. Total 1,631.88 513 WATER DEPR IMPRV & EXTENSION Total 65,803.98 515 SEWER FUND 515 SEWER 22700 SHIRA 827 LLC WATER REFUND 11.82 22700 NORTON, STEPHEN WATER REFUND 181.29 515 SEWER Total 193.11 7400 SEWER MAINTENANCE 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7400 SEWER MAINTENANCE Total 38.01 7420 SEWER IMPROVEMENTS 65515 KENNY CONSTRUCTION CO.SEWER REHAB 66,600.00 7420 SEWER IMPROVEMENTS Total 66,600.00 515 SEWER FUND Total 66,831.12 520 SOLID WASTE FUND 7685 REFUSE COLLECT & DISPOSAL 62415 GROOT REFUSE COLLECTION 138,186.00 7685 REFUSE COLLECT & DISPOSAL Total 138,186.00 7690 RESIDENTIAL RECYCLING COL 64005 COMED UTILITIES‐APRIL 364.71 7690 RESIDENTIAL RECYCLING COL Total 364.71 7695 YARD WASTE COLLECTION 62415 GROOT YARD WASTE COLLECTION 71,574.00 7695 YARD WASTE COLLECTION Total 71,574.00 520 SOLID WASTE FUND Total 210,124.71 600 FLEET SERVICES FUND 7705 GENERAL SUPPORT 62360 AMERICAN PUBLIC WORKS MEMBERSHIP 322.00 64505 CALL ONE COMMUNICATION CHARGES 1,094.28 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7705 GENERAL SUPPORT Total 1,454.29 7710 MAJOR MAINTENANCE 62240 METRO TANK AND PUMP COMPANY FUEL DISPENSER 945.15 62355 CINTAS #22 UNIFORM SERVICE 255.14 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 182.28 65035 CITY WELDING SALES & SERVICE INC. WELDING GASES 81.15 65035 PALATINE OIL COMPANY, INC FUEL 23,503.98 65060 AETNA TRUCK PARTS, INC.BOLT CLAMP 7.14 65060 BUCK BROTHERS, INC.OUTSIDE REPAIR #553 551.64 65060 BUCK BROTHERS, INC.PARTS MANUAL #550 160.00 65060 CUMBERLAND SERVICENTER FLASHER 82.28 65060 CUMBERLAND SERVICENTER OIL CAP 15.04 65060 CUMBERLAND SERVICENTER PANEL 121.27 65060 CUMBERLAND SERVICENTER RELAY VALVE 102.16 65060 CUMBERLAND SERVICENTER SAFETY LANES 1,485.00 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 853 of 374 65060 DOUGLAS TRUCK PARTS 15 TON HOOK 124.25 65060 DOUGLAS TRUCK PARTS BRAKE VALVE 119.75 65060 DOUGLAS TRUCK PARTS COMBO SWITCH 128.05 65060 DOUGLAS TRUCK PARTS HARNESS 104.46 65060 DOUGLAS TRUCK PARTS HIGH PRESSURE HOSE 148.73 65060 HAVEY COMMUNICATIONS INC. EMERGENCY LIGHTING 90.00 65060 HAVEY COMMUNICATIONS INC. EMERGENCY LIGHTING 163.95 65060 INTERSTATE BATTERY BATTERIES 334.16 65060 INTERSTATE BATTERY BATTERIES 530.64 65060 LEACH ENTERPRISES, INC.AIR VALVE 153.30 65060 LEACH ENTERPRISES, INC.FOOT VALVE 88.57 65060 LEACH ENTERPRISES, INC.HOOK MOUNT 39.52 65060 LEACH ENTERPRISES, INC.HOOK MOUNT 39.52 65060 MONROE TRUCK EQUIPMENT VALVE 86.18 65060 NORTH SHORE TOWING TOW & HOOK #317 150.00 65060 NORTH SHORE TOWING TOW & HOOK #52 95.00 65060 NORTH SHORE TOWING TOW & HOOK #637 145.00 65060 NORTH SHORE TOWING TOW & HOOK #906 437.50 65060 NORTHWEST TRUCKS INC REPLACE SENSOR #719 723.25 65060 PATTEN INDUSTRIES GRADER TEETH 422.11 65060 WEST SIDE TRACTOR GRADER CUTTING EDGE 447.54 65060 WEST SIDE TRACTOR WIPER MOTOR 191.71 65060 ZARNOTH BRUSH WORKS, INC. ALL PRO STRIP 594.00 65060 ICEMANN ARENA SERVICES ICE RESURFACER PARTS 1,158.05 65060 P & G KEENE ELECTRICAL ALTER MOTOR 180.00 65060 FASTENAL COMPANY TIEWIRE HANDROLL 9.74 65060 FOSTER COACH SALES, INC.EMT SPEAKER UNIT 385.56 65060 SPEX HAND WASH CAR WASHES 588.00 65060 BILL'S AUTO & TRUCK REPAIR REPAIR #504 202.50 65060 JENNINGS CHEVROLET MIRROR #44 98.06 65060 FULL THROTTLE MARINE, INC.SUMMERIZE #302 2,266.62 65060 FULL THROTTLE MARINE, INC.SUMMERIZE #303 3,452.86 65060 FULL THROTTLE MARINE, INC.SUMMERIZE #445 543.38 65060 A & A TRANSMISSION CORP.BRAKES #2006 1,280.51 65060 CARQUEST EVANSTON AIR FILTER 182.57 65060 CARQUEST EVANSTON AIR FILTERS 161.01 65060 CARQUEST EVANSTON AIR/FUEL FILTERS 339.54 65060 CARQUEST EVANSTON CLAMP 4.98 65060 CARQUEST EVANSTON CONVERTER 423.22 65060 CARQUEST EVANSTON DIESEL TANK 150.00 65060 CARQUEST EVANSTON FUEL FILTER 173.03 65060 CARQUEST EVANSTON GAUGE WIRE 25.00 65060 CARQUEST EVANSTON HHC 130.08 65060 CARQUEST EVANSTON LUG NUT #620 8.22 65060 CARQUEST EVANSTON MIRROR BRACKET 100.40 65060 CARQUEST EVANSTON OIL FILTER 75.20 65060 CARQUEST EVANSTON OIL SEAL 26.50 65060 CARQUEST EVANSTON OXYGEN SENSOR 32.54 65060 CARQUEST EVANSTON RETURNED PARTS (395.84) 65060 CARQUEST EVANSTON SWAY BAR 24.32 65060 CARQUEST EVANSTON SWITCH 38.71 65060 CARQUEST EVANSTON THREAD SEALANT 16.54 65060 GOLF MILL FORD BRAKE ROTOR #634 124.97 65060 GOLF MILL FORD ENGINE PARTS 602.23 65060 GOLF MILL FORD HOSE #526 133.48 65060 GOLF MILL FORD IDLER ARMS 909.96 65060 GOLF MILL FORD LAMP 38.33 65060 GOLF MILL FORD MANIFOLD #51 156.93 65060 GOLF MILL FORD PANEL #51 598.24 65060 GOLF MILL FORD PIN 187.02 65060 GOLF MILL FORD RADIATOR 174.96 65060 GOLF MILL FORD RETURNED PARTS (1,025.87) 65060 ORLANDO AUTO TOP SEAT REPAIR #41 475.00 65060 CHICAGO PARTS & SOUND, LLC ADDITIVE 88.92 65060 CHICAGO PARTS & SOUND, LLC BRAKE PADS 532.48 65060 CHICAGO PARTS & SOUND, LLC ELEMENT 47.76 65060 CHICAGO PARTS & SOUND, LLC FILTERS 413.74 65060 CHICAGO PARTS & SOUND, LLC MOTOR FAN 332.81 65060 CHICAGO PARTS & SOUND, LLC OIL FILTERS 227.97 65060 ADVANCED PROCLEAN INC.POWER WASHING EQUIPMENT 921.00 65060 APC STORES, INC.CATALOG 11.09 65060 APC STORES, INC.HYDRAULIC FITTINGS 86.72 65060 APC STORES, INC.OIL SEAL 12.59 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 954 of 374 65060 APC STORES, INC.RETURNED PARTS (11.09) 65060 RUSH TRUCK CENTERS MOTOR 480.69 65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASES 5,597.77 65065 WENTWORTH TIRE SERVICE ROAD REPAIR & SERVICE 143.00 65065 WENTWORTH TIRE SERVICE TIRE SERVICE, RECAP & REPAIR 700.00 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 155.76 7710 MAJOR MAINTENANCE Total 56,647.18 600 FLEET SERVICES FUND Total 58,101.47 601 EQUIPMENT REPLACEMENT FUND 7780 VEHICLE REPLACEMENTS 65550 HAVEY COMMUNICATIONS INC. EMERGENCY LIGHTING & SIRENS 163.95 7780 VEHICLE REPLACEMENTS Total 163.95 601 EQUIPMENT REPLACEMENT FUND Total 163.95 605 INSURANCE FUND 7801 EMPLOYEE BENEFITS 66050 HSA BANK MONTHLY INVOICE 19.25 66054 SENIORS CHOICE INSURANCE PREMIUM 3,911.58 7801 EMPLOYEE BENEFITS Total 3,930.83 605 INSURANCE FUND Total 3,930.83 Grand Total 991,077.66 CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 1055 of 374 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT CAPITAL IMPROVEMENT 4150.65515 COOK COUNTY CLERK SPECIAL ASSESSMENT FILING 494.00 494.00 FIRE 8000.61755 PATRICK J. DILLON NCPERS CONFERENCE REIMBURSEMEN 869.52 869.52 GENERAL 1505.64540 A T & T COMMUNICATION CHARGES 155.23 VARIOUS APWA PW EDUCATIONAL CAMP & COMPETITIO 350.00 1505.62295 CHICAGO LATIN FITNESS YOGA & ZUMBA 1,366.50 2280.65125 COOK COUNTY RABIES CONTROL RABIES TAGS FOR ANIMAL SHELTER 420.00 VARIOUS SAM'S CLUB DIRECT SUPPLIES 2,906.10 5,197.83 INSURANCE 7800.65085 CURRENT TECHNOLOGIES CORP. ETHS SE CORNER CAMERA REPLACEME 5,024.03 VARIOUS VARIOUS WORKERS COMP 38,078.06 VARIOUS VARIOUS WORKERS COMP 14,404.61 VARIOUS VARIOUS CASUALTY LOSS 25,000.00 VARIOUS VARIOUS CASUALTY LOSS 12,348.86 94,855.56 PARKING VARIOUS COOK COUNTY COLLECTOR PARKING TAXES 6,595.87 6,595.87 SEWER 7605.68305 IEPA LOAN DISBURSEMENT SEWER FUND 307,636.02 7622.68305 IEPA LOAN DISBURSEMENT SEWER FUND 165,695.83 7623.68305 IEPA LOAN DISBURSEMENT SEWER FUND 291,948.30 7525.68305 IEPA LOAN DISBURSEMENT SEWER FUND 317,397.49 1,082,677.64 SOLID WASTE 7695.56156 SAFEWAY, INC.REIMB. SAFEWAY PAID IN ERROR 9,500.00 9,500.00 VARIOUS VARIOUS ILLINOIS DEPARTMENT OF REVENUE SALES TAX-APRIL, 2014 1,627.00 1,627.00 1,201,817.42 Grand Total 2,192,895.08 PREPARED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST PERIOD ENDING 05/28/2014 1156 of 374 For City Council meeting of May 27, 2014 Item A3.1 Business of the City by Motion: 2014 Water Main & Street Resurfacing – CIP 2 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: 2014 Water Main Replacement & Street Resurfacing Project - CIP 2 Date: May 15, 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 2 Project (Bid No.14-27) to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the amount of $2,548,361.25. Funding Source: Funding for this work will be from the Water Fund (733086.65515) in the amount of $1,791,888.62, Sewer Fund (7420.65515) in the amount of $100,719.65 and the Capital Improvement Plan (CIP) Street Resurfacing Account (415857.65515) in the amount $655,752.99. Summary: The 2014 Water Main Replacement & Street Resurfacing Project - CIP 2 (location map attached) includes the following: Greenwood Street – Sherman Avenue to Hinman Avenue Keeney Street – Hinman Avenue to Sheridan Road Howard Street - Custer Avenue to East of Chicago Avenue. The bid documents were prepared by the engineering staff and sent to several potential bidders. This construction contract was advertised in April in the Chicago Tribune, the State Contractors Bulletin and on the Demand Star. Bids were submitted by A. Lamp Concrete, Inc. (800 W. Irving Park Road, Schaumberg, IL 60193), Bolder Contractors, Inc. (440 Lake Cook Road, Unit 3B, Deerfield, IL 60015), and Glenbrook Excavating & Memorandum 57 of 374 Contracting Inc.(1350 N. Old Rand Road, Wauconda, IL, 60084). Bids were open on May 6, 2014, they are correct and in order (attached). CONTRACTOR BID PRICE A. Lamp Concrete Contractors, Inc. $2,548,361.25 Bolder Contractors, Inc. $2,684,370.25 Glenbrook Excavating & Contracting Inc. $2,843,231.25 The engineer’s estimate of $2,494,123.50 is based on the last year’s prices with adjustments for the inflation. A. Lamp Concrete Contractors Inc. submitted the lowest bid for the project for the amount of $2,548,361.25. They subcontract 23.5% or $598,192 of the total contract price with Precision Pavement Marking (DBE), Ozinga Ready Mix Concrete (EBE) and Alas Trucking (MBE). The M/W/EBE schedule and the supporting documentation have been reviewed and confirmed by the Purchasing Division. A. Lamp Concrete Contractors Inc. has worked with the City on similar construction contracts and completed the work on time and within budget. Attachments: Bid Tab Location Map M/W/EBE Memo 58 of 374 BID NO: 14-27 DATE: May 6, 2014 TIME: 2:00 P.M. ATTENDED BY: SN, AA UNIT UNIT UNIT UNIT PRICE PRICE PRICE PRICE 1 Temporary Fence Foot 4,820 $2.00 $9,640.00 $0.50 $2,410.00 $1.00 $4,820.00 $1.00 $4,820.00 2 Tree Trunk Protection Each 91 $145.00 $13,195.00 $25.00 $2,275.00 $50.00 $4,550.00 $50.00 $4,550.00 3 Tree Crown Pruning Each 91 $50.00 $4,550.00 $25.00 $2,275.00 $60.00 $5,460.00 $40.00 $3,640.00 4 Earth Saw Cuts of Tree Roots (Root Prunning)Foot 2,275 $3.50 $7,962.50 $1.00 $2,275.00 $1.50 $3,412.50 $2.00 $4,550.00 5 Thermoplastic Pavement Marking Letters and Symbols Sq.Ft.360 $6.00 $2,160.00 $5.00 $1,800.00 $7.00 $2,520.00 $4.25 $1,530.00 6 Thermoplastic Pavement Marking Line-4”Foot 1,970 $1.00 $1,970.00 $1.00 $1,970.00 $1.30 $2,561.00 $1.20 $2,364.00 7 Thermoplastic Pavement Marking Line-6”Foot 6,675 $1.60 $10,680.00 $1.50 $10,012.50 $1.75 $11,681.25 $1.90 $12,682.50 8 Thermoplastic Pavement Marking Line-8"Foot 275 $2.00 $550.00 $3.00 $825.00 $2.00 $550.00 $2.55 $701.25 9 Thermoplastic Pavement Marking Line-12"Foot 200 $3.00 $600.00 $5.00 $1,000.00 $3.00 $600.00 $3.80 $760.00 10 Thermoplastic Pavement Marking Line-24”Foot 780 $5.00 $3,900.00 $7.00 $5,460.00 $5.00 $3,900.00 $7.60 $5,928.00 11 Combined Sewers, 12", Special (D.I.P., Cl. 50)Foot 26 $120.00 $3,120.00 $125.00 $3,250.00 $200.00 $5,200.00 $125.00 $3,250.00 12 Combined Sewers, 10", Special (D.I.P., Cl. 52)Foot 77 $110.00 $8,470.00 $100.00 $7,700.00 $150.00 $11,550.00 $120.00 $9,240.00 13 Storm Sewers, 8", Special (D.I.P., Cl. 52)Foot 132 $100.00 $13,200.00 $85.00 $11,220.00 $120.00 $15,840.00 $85.00 $11,220.00 14 Earth Excavation Cu.Yd.120 $35.00 $4,200.00 $20.00 $2,400.00 $35.00 $4,200.00 $35.00 $4,200.00 15 Trench Backfill Cu.Yd.3,773 $27.00 $101,871.00 $1.00 $3,773.00 $1.00 $3,773.00 $1.00 $3,773.00 16 Granular Backfill Ton 1,119 $27.00 $30,213.00 $1.00 $1,119.00 $7.00 $7,833.00 $1.00 $1,119.00 17 Sub-Base Granular Material, Type B (Temporary Use)Cu.Yd.439 $30.00 $13,170.00 $1.00 $439.00 $1.00 $439.00 $1.00 $439.00 18 Furnishing and Placing Topsoil, 3”Sq.Yd.2,262 $4.00 $9,048.00 $2.00 $4,524.00 $5.00 $11,310.00 $4.75 $10,744.50 19 Sodding, Salt Tolerant Sq.Yd.2,262 $5.50 $12,441.00 $6.00 $13,572.00 $7.00 $15,834.00 $7.50 $16,965.00 20 Aggregate Base Course, Type B, 4”Sq.Yd.260 $6.00 $1,560.00 $7.00 $1,820.00 $12.00 $3,120.00 $15.00 $3,900.00 21 Aggregate Base Course, Type B, 6”Sq.Yd.334 $7.00 $2,338.00 $10.00 $3,340.00 $16.00 $5,344.00 $20.00 $6,680.00 22 HES PCC Base Course Widening, 9”Sq.Yd.87 $50.00 $4,350.00 $40.00 $3,480.00 $80.00 $6,960.00 $60.00 $5,220.00 23 Bituminous Material (Prime Coat)Gal.2,129 $2.00 $4,258.00 $0.10 $212.90 $2.50 $5,322.50 $2.50 $5,322.50 24 Aggregate (Prime Coat)Ton 3 $20.00 $60.00 $1.00 $3.00 $100.00 $300.00 $100.00 $300.00 25 Mixture for Cracks, Joints and Flangeways Ton 19 $300.00 $5,700.00 $10.00 $190.00 $200.00 $3,800.00 $760.00 $14,440.00 26 Leveling Binder, (Mach Meth) N50 (IL 9.5mm)Ton 1,228 $90.00 $110,520.00 $93.00 $114,204.00 $95.00 $116,660.00 $91.00 $111,748.00 27 Hot-Mix Asphalt Surface Course, Mix"D", N50(IL 9.5mm)Ton 1,807 $90.00 $162,630.00 $93.00 $168,051.00 $90.00 $162,630.00 $86.50 $156,305.50 28 Incidental Hot-Mix Asphalt Surfacing (And/Or For Temporary Use)Ton 293 $160.00 $46,880.00 $145.00 $42,485.00 $160.00 $46,880.00 $235.00 $68,855.00 29 Cold Mix Ton 45 $160.00 $7,200.00 $5.00 $225.00 $200.00 $9,000.00 $95.00 $4,275.00 30 PCC Driveway Pavement, 8”Sq.Yd.7 $55.00 $385.00 $165.00 $1,155.00 $220.00 $1,540.00 $125.00 $875.00 31 PCC (HES) Bus Pad Pavement, 10.5”Sq.Yd.334 $90.00 $30,060.00 $80.00 $26,720.00 $75.00 $25,050.00 $80.00 $26,720.00 32 PCC Sidewalk, 5”Sq.Ft.6,985 $5.00 $34,925.00 $5.35 $37,369.75 $7.00 $48,895.00 $6.00 $41,910.00 33 Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd.21,279 $4.25 $90,435.75 $4.00 $85,116.00 $4.00 $85,116.00 $6.00 $127,674.00 34 Pavement Removal Sq.Yd.454 $18.00 $8,172.00 $15.00 $6,810.00 $9.00 $4,086.00 $20.00 $9,080.00 35 Driveway Pavement Removal Sq.Yd.22 $13.00 $286.00 $14.00 $308.00 $15.00 $330.00 $30.00 $660.00 36 Curb Removal Foot 1,255 $4.00 $5,020.00 $5.00 $6,275.00 $7.00 $8,785.00 $6.00 $7,530.00 37 Combination Curb and Gutter Removal Foot 1,098 $5.00 $5,490.00 $5.00 $5,490.00 $7.00 $7,686.00 $8.00 $8,784.00 38 Sidewalk Removal Sq.Ft.8,525 $1.25 $10,656.25 $2.00 $17,050.00 $2.00 $17,050.00 $2.00 $17,050.00 39 Class B Patches, Special, 9” (HES)Sq.Yd.975 $75.00 $73,125.00 $40.00 $39,000.00 $55.00 $53,625.00 $75.00 $73,125.00 40 Class D Patches, Special, 9”Sq.Yd.1,924 $70.00 $134,680.00 $40.00 $76,960.00 $65.00 $125,060.00 $85.00 $163,540.00 41 Full Depth Patches, Special, 11”Sq.Yd.685 $80.00 $54,800.00 $40.00 $27,400.00 $65.00 $44,525.00 $100.00 $68,500.00 42 Water Main, 16" (D.I.P., Cl. 52), Push Joint Foot 1,112 $300.00 $333,600.00 $220.00 $244,640.00 $195.00 $216,840.00 $200.00 $222,400.00 43 Water Main, 12" (D.I.P., Cl. 52), Push Joint Foot 22 $150.00 $3,300.00 $300.00 $6,600.00 $180.00 $3,960.00 $300.00 $6,600.00 44 Water Main, 10" (D.I.P., Cl. 52), Push Joint Foot 2,712 $100.00 $271,200.00 $145.00 $393,240.00 $175.00 $474,600.00 $150.00 $406,800.00 45 Water Main, 8" (D.I.P., Cl. 52), Push Joint Foot 98 $90.00 $8,820.00 $130.00 $12,740.00 $150.00 $14,700.00 $145.00 $14,210.00 46 Water Main, 6" (D.I.P., Cl. 52), Push Joint Foot 340 $80.00 $27,200.00 $120.00 $40,800.00 $90.00 $30,600.00 $140.00 $47,600.00 47 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 $300.00 $6,000.00 $300.00 $6,000.00 $200.00 $4,000.00 48 Water Service Line, 2" Diameter or Less, Short, Complete Each 19 $1,650.00 $31,350.00 $2,350.00 $44,650.00 $3,500.00 $66,500.00 $2,000.00 $38,000.00 49 Water Service Line, 2" Diameter or Less, Long, Complete Each 8 $2,150.00 $17,200.00 $1,800.00 $14,400.00 $4,800.00 $38,400.00 $3,000.00 $24,000.00 50 Water Service Line, 4" Diameter or Greater, WM Pipe, Valves and Valve Boxes, CompleteEach 3 $4,000.00 $12,000.00 $4,000.00 $12,000.00 $10,000.00 $30,000.00 $4,000.00 $12,000.00 51 10" Pressure Tap, 16"x10" Tapping Sleeve, 10" Tapping Valve, Complete Each 1 $7,000.00 $7,000.00 $22,500.00 $22,500.00 $12,000.00 $12,000.00 $20,000.00 $20,000.00 52 Line Stopper, 8", Complete Each 1 $6,000.00 $6,000.00 $6,500.00 $6,500.00 $7,000.00 $7,000.00 $7,500.00 $7,500.00 53 Water Valve, 16"Each 3 $9,000.00 $27,000.00 $8,000.00 $24,000.00 $11,000.00 $33,000.00 $15,000.00 $45,000.00 54 Water Valve, 10"Each 5 $3,000.00 $15,000.00 $4,500.00 $22,500.00 $7,000.00 $35,000.00 $7,500.00 $37,500.00 55 Water Valve, 8"Each 3 $2,500.00 $7,500.00 $2,250.00 $6,750.00 $5,500.00 $16,500.00 $3,500.00 $10,500.00 56 Water Valve, 6"Each 8 $2,000.00 $16,000.00 $1,850.00 $14,800.00 $3,000.00 $24,000.00 $2,500.00 $20,000.00 57 Viton or FKM Gaskets, Various Sizes, Complete, As Needed Each 34 $300.00 $10,200.00 $10.00 $340.00 $500.00 $17,000.00 $50.00 $1,700.00 58 Fire Hydrant, WM Pipe, Auxiliary Valve and Valve Box, Complete Each 8 $4,000.00 $32,000.00 $7,000.00 $56,000.00 $9,000.00 $72,000.00 $6,000.00 $48,000.00 59 Adjusting Sanitary Sewers, 8" Diameter or Less Each 24 $450.00 $10,800.00 $500.00 $12,000.00 $600.00 $14,400.00 $1,400.00 $33,600.00 60 Catch Basins, Type A, 4' Diameter, Type 1 Frame, Open Lid Each 3 $3,000.00 $9,000.00 $2,750.00 $8,250.00 $5,000.00 $15,000.00 $4,000.00 $12,000.00 61 Manholes, Type A, 4' Diameter, Type 1 Frame, Closed Lid Each 1 $3,000.00 $3,000.00 $3,750.00 $3,750.00 $8,000.00 $8,000.00 $5,000.00 $5,000.00 62 Valve Vaults, Type A, 5' Diameter, Type 1 Frame, Closed Lid Each 12 $3,000.00 $36,000.00 $2,750.00 $33,000.00 $2,000.00 $24,000.00 $6,000.00 $72,000.00 63 Valve Vaults, Type A, 4' Diameter, Type 1 Frame, Closed Lid Each 1 $2,500.00 $2,500.00 $2,400.00 $2,400.00 $1,200.00 $1,200.00 $4,000.00 $4,000.00 64 Valve Box, Complete Each 7 $450.00 $3,150.00 $350.00 $2,450.00 $400.00 $2,800.00 $280.00 $1,960.00 65 Fiberglass Fabric Repair System Sq.Yd.887 $45.00 $39,915.00 $40.00 $35,480.00 $45.00 $39,915.00 $45.00 $39,915.00 66 Catch Basins To Be Adjusted Each 3 $375.00 $1,125.00 $500.00 $1,500.00 $700.00 $2,100.00 $625.00 $1,875.00 67 Manholes To Be Adjusted Each 11 $375.00 $4,125.00 $500.00 $5,500.00 $700.00 $7,700.00 $625.00 $6,875.00 68 Manholes To Be Reconstructed Each 1 $1,250.00 $1,250.00 $1,650.00 $1,650.00 $3,000.00 $3,000.00 $2,500.00 $2,500.00 69 Removing Catch Basins Each 3 $500.00 $1,500.00 $400.00 $1,200.00 $800.00 $2,400.00 $625.00 $1,875.00 70 Removing Manholes Each 1 $500.00 $500.00 $450.00 $450.00 $800.00 $800.00 $625.00 $625.00 71 Removing Valve Vaults Each 8 $500.00 $4,000.00 $400.00 $3,200.00 $400.00 $3,200.00 $625.00 $5,000.00 72 Removing Valve Boxes Each 13 $200.00 $2,600.00 $250.00 $3,250.00 $400.00 $5,200.00 $150.00 $1,950.00 73 Removing Fire Hydrants Each 8 $600.00 $4,800.00 $600.00 $4,800.00 $400.00 $3,200.00 $800.00 $6,400.00 74 Frames and Lids, Type-1, Closed Lid Each 4 $400.00 $1,600.00 $425.00 $1,700.00 $600.00 $2,400.00 $450.00 $1,800.00 75 Concrete Curb, Type B (AEP-Modified)Foot 1,255 $19.00 $23,845.00 $20.00 $25,100.00 $22.00 $27,610.00 $20.00 $25,100.00 76 Combination Concrete Curb & Gutter, Type B6.12 (AEP-Modified)Foot 1,098 $19.00 $20,862.00 $20.00 $21,960.00 $22.00 $24,156.00 $20.00 $21,960.00 77 Detectable Warnings Sq.Ft.1,140 $32.00 $36,480.00 $30.00 $34,200.00 $25.00 $28,500.00 $25.00 $28,500.00 78 Pavers, Removal and Replacement Sq.Ft.472 $15.00 $7,080.00 $20.00 $9,440.00 $15.00 $7,080.00 $20.00 $9,440.00 79 Controlled Low Strength Material Backfill, (CLSM)Cu.Yd.249 $120.00 $29,880.00 $50.00 $12,450.00 $85.00 $21,165.00 $130.00 $32,370.00 80 Short Term Pavement Marking Line - 4" Foot 1,110 $1.00 $1,110.00 $0.01 $11.10 $1.00 $1,110.00 $1.00 $1,110.00 81 Street Sweeping Each 42 $500.00 $21,000.00 $20.00 $840.00 $300.00 $12,600.00 $80.00 $3,360.00 82 Exploration Trench, D < 10 ft.Each 24 $500.00 $12,000.00 $350.00 $8,400.00 $400.00 $9,600.00 $500.00 $12,000.00 83 Special/Non-Special Waste Disposal CuYd.4,336 $35.00 $151,760.00 $1.00 $4,336.00 $1.00 $4,336.00 $1.00 $4,336.00 84 Soil Disposal Analysis Lump Sum 1 $15,000.00 $15,000.00 $2,500.00 $2,500.00 $15,000.00 $15,000.00 $7,500.00 $7,500.00 85 Pre and Post Construction Sub-Surface Videotaping Lump Sum 1 $36,000.00 $36,000.00 $43,000.00 $43,000.00 $30,000.00 $30,000.00 $80,000.00 $80,000.00 86 Traffic Control and Protection Lump Sum 1 $110,000.00 $110,000.00 $500,000.00 $500,000.00 $330,000.00 $330,000.00 $360,000.00 $360,000.00 87 Construction Layout Lump Sum 1 $15,000.00 $15,000.00 $95,000.00 $95,000.00 $30,000.00 $30,000.00 $55,000.00 $55,000.00 88 Changeable Message Sign Cal.Mo.12 $1,250.00 $15,000.00 $10.00 $120.00 $1,000.00 $12,000.00 $1,200.00 $14,400.00 $2,494,123.50 $2,548,361.25 $2,684,370.25 $2,843,231.25 $2,548,361.25 $2,684,370.25 $2,843,231.25 Deerfield, IL 60015 TOTAL TOTAL TOTAL BID AS READ AS CORRECTED ITEM NUMBER ITEM UNIT TOTAL QUANTITY TOTAL TOTAL 1350 N. Old Rand Road, CITY OF EVANSTON TABULATION OF BIDS FOR 2014 WATER MAIN REPLACEMENT AND STREET RESURFACING PROJECT - CIP 2, PW-WMRS-1402 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. Wauconda, IL., 60084 10:51 AM, 5/12/2014 X:\Engineers\FY 2014 PROJECTS\PW-WMRS-1402\DOCS\BID TAB PW-WMRS-140259 of 374 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STST E W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINCOLN ST CASE PL LAKE ST CHURCH S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDS H E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVERIDGE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSONLIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGEAVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTC R A W F O R D LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST P R A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD ST ASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL ROS LY N P L HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 320031002100180013001400800600400PW_WMRS_1402.MXD 03/12/14 0 0.5 10.25 Mile ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. Water Main and Resurfacing 2014 Water Main Replacement and Street Resurfacing Project - CIP 2, PW-WMRS-1402 City of Evanston Department of Public Works 60 of 374 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 2, Bid #14-27 Date: May 19, 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 2, Bid #14-27, in the base bid amount of $2,548,361.25, 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 $ 12,382.00 .5% X Ozinga Ready Mix Concrete $ 101,210.00 4% X Alas Trucking Trucking $ 484,600.00 19% X Total M/W/EBE $ 598,192.00 23.5% 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 2, Bid #14-27, M/W/EBE Memo 61 of 374 For City Council meeting of May 27, 2014 Item A3.2 Business of the City by Motion: 2014 Street Improvement Project CIP 3 Contract 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: 2014 Street Improvement (CIP 3) Contract Award Date: May 15, 2014 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Street Improvement Project CIP 3 (Bid 14-31) to A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL 60193) in the amount of $1,128,934.10. Funding Source: Funding for this work will be from the 2014 CIP Street Resurfacing Fund (415857.65515) in the amount of $862,334.10, Pedestrian Safety Fund (416434.65515) in the amount of $60,000, and Sewer Fund (7420.65515) in the amount of $206,600. Summary: The following street segments are included in the CIP 3 Street Improvement Project. STREET FROM TO Clark Street Ridge Avenue Oak Avenue Oak Avenue Church Street Clark Street Oakton Street Asbury Avenue Dodge Avenue Ingleside Place Sheridan Road East End Memorandum 62 of 374 The above streets have been included as a separate contract since the project scope includes street improvement/resurfacing only. The Water Main & Street Resurfacing Project Phases I & II were let as separate contracts. As part of this project porous asphalt parking lane will be installed on Ingleside Place on the north and the south side. The parking lane on Oak Street from Church Street to Clark Street will be constructed as porous concrete parking lane. A location map for the 2014 Streets Improvement CIP 3 is attached. The bid documents were prepared by the City staff and were sent to potential bidders. The construction contract was advertised in April 2014 in the Chicago Tribune, the State Contractors Bulletin and on the Demand Star. The bids were opened on May 6, 2014. Bids were submitted by A. Lamp Concrete Contractors, Inc. (800 W. Irving Park Road, Schaumberg, IL 60193), and Chicagoland Paving Contractors (225 Telser Road, Lake Zurich, IL 60047). The bid results are correct and in order. A copy of the bid tabulation is enclosed. CONTRACTOR BID PRICE A. Lamp Concrete Contractors $1,128,934.10 Chicagoland Paving $1,169,900.00 The engineer’s estimate for this project is $1,249,485.50. The engineer’s estimate is based on last year’s prices with adjustments for the inflation. The lowest bid for this project was submitted by A. Lamp Concrete Contractors Inc., which is in compliance with the M/W/EBE goal of the City. A. Lamp Concrete Contractors Inc., meets the M/W/EBE goal by having Hawk Enterprises, Ozinga Ready Mix, Alas Trucking and Markings Specialist as subcontractors. The total value of the estimated M/W/EBE subcontracted work is 25% of the total contract amount. A. Lamp Concrete Contractors Inc. has worked for the City on similar projects on time and within budget. Attachments: Bid Tab Location Map M/W/EBE Memo 63 of 374 Item Items Unit Quantity Unit Price Cost UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Temporary Fence Foot 4,595 $2.00 9,190.00$ $1.00 $4,595.00 $2.50 $11,487.50 2 Tree Trunk Protection Each 54 150.00 8,100.00$ 25.00 $1,350.00 $75.00 $4,050.00 3 Earth Saw Cuts of Tree Roots (Root Prunning)Foot 3,035 4.00 12,140.00$ 1.00 $3,035.00 $2.50 $7,587.50 4 Tree Crown Prunning Each 67 50.00 3,350.00$ 25.00 $1,675.00 $75.00 $5,025.00 5 Preformed Plastic Pavement Marking Line-4”Foot 1,860 4.50 8,370.00$ 6.00 $11,160.00 $4.80 $8,928.00 6 Preformed Plastic Pavement Marking Line-6”Foot 260 6.50 1,690.00$ 9.00 $2,340.00 $6.30 $1,638.00 7 Preformed Plastic Pavement Marking Line-12”Foot 102 13.00 1,326.00$ 18.00 $1,836.00 $12.20 $1,244.40 8 Preformed Plastic Pavement Marking Line-24”Foot 30 26.00 780.00$ 40.00 $1,200.00 $26.50 $795.00 9 Thermoplastic Pavement Marking Letters and Symbols Sq.Ft.73 6.00 438.00$ 5.00 $365.00 $5.30 $386.90 10 Thermoplastic Pavement Marking Line-4”Foot 7,740 1.00 7,740.00$ 1.30 $10,062.00 $0.70 $5,418.00 11 Thermoplastic Pavement Marking Line-6”Foot 905 1.50 1,357.50$ 2.20 $1,991.00 $1.35 $1,221.75 12 Thermoplastic Pavement Marking Line-8"Foot 685 2.00 1,370.00$ 4.00 $2,740.00 $1.60 $1,096.00 13 Thermoplastic Pavement Marking Line-12"Foot 1,115 3.00 3,345.00$ 5.00 $5,575.00 $2.10 $2,341.50 14 Thermoplastic Pavement Marking Line-24”Foot 265 5.00 1,325.00$ 9.00 $2,385.00 $4.25 $1,126.25 15 Epoxy Pavement Marking Line-4”Foot 670 1.00 670.00$ 8.00 $5,360.00 $8.00 $5,360.00 16 Detector Loop Replacement Foot 460 40.00 18,400.00$ 22.00 $10,120.00 $21.00 $9,660.00 17 Earth Excavation Cu.Yd.431 45.00 19,395.00$ 30.00 $12,930.00 $39.00 $16,809.00 18 Trench Backfill Cu.Yd.111 27.00 2,997.00$ 25.00 $2,775.00 $42.50 $4,717.50 19 Granular Backfill Ton 47 27.00 1,269.00$ 10.00 $470.00 $44.50 $2,091.50 20 Furnishing and Placing Topsoil, 3”Sq.Yd.3,965 4.00 15,860.00$ 1.00 $3,965.00 $3.00 $11,895.00 21 Sodding, Salt Tolerant Sq.Yd.3,965 7.00 27,755.00$ 4.00 $15,860.00 $10.00 $39,650.00 22 Sub-Base Granular Material, Type B (Temporary Use)Cu.Yd.185 27.00 4,995.00$ 1.00 $185.00 $35.00 $6,475.00 23 Aggregate Base Course, Type B, 4”Sq.Yd.1,445 6.00 8,670.00$ 5.00 $7,225.00 $4.00 $5,780.00 24 Aggregate Base Course, Type B, 6”Sq.Yd.210 7.00 1,470.00$ 7.00 $1,470.00 $8.00 $1,680.00 25 HES PCC Base Course Widening, 9”Sq.Yd.320 50.00 16,000.00$ 35.00 $11,200.00 $61.50 $19,680.00 26 Bituminous Material (Prime Coat)Gal.2,390 2.00 4,780.00$ 0.10 $239.00 $0.01 $23.90 27 Aggregate (Prime Coat)Ton 53 20.00 1,060.00$ 1.00 $53.00 $0.01 $0.53 28 Mixture for Cracks, Joints and Flangeways Ton 15 300.00 4,500.00$ 10.00 $150.00 $390.00 $5,850.00 29 Leveling Binder, (Mach Meth) N70 (IL 9.5mm)Ton 605 85.00 51,425.00$ 93.00 $56,265.00 $87.00 $52,635.00 30 Leveling Binder, (Mach Meth) N50 (IL 9.5mm)Ton 30 85.00 2,550.00$ 90.00 $2,700.00 $100.00 $3,000.00 31 Hot-Mix Asphalt Surface Removal - Butt Joints Sq.Yd.440 10.00 4,400.00$ 8.00 $3,520.00 $5.00 $2,200.00 32 Hot-Mix Asphalt Surface Course, Mix"D", N50(IL 9.5mm)Ton 1,015 85.00 86,275.00$ 96.00 $97,440.00 $89.00 $90,335.00 33 Incidental Hot-mix Asphalt Surfacing Ton 64 180.00 11,520.00$ 145.00 $9,280.00 $95.00 $6,080.00 34 PCC Driveway Pavement, 6”Sq.Yd.415 50.00 20,750.00$ 44.00 $18,260.00 $44.50 $18,467.50 35 PCC Driveway Pavement, 8”Sq.Yd.362 60.00 21,720.00$ 52.00 $18,824.00 $55.00 $19,910.00 36 PCC Pavement, 9” (HES)Sq.Yd.780 60.00 46,800.00$ 52.00 $40,560.00 $61.00 $47,580.00 37 PCC Sidewalk, 5”Sq.Ft.8,045 4.50 36,202.50$ 4.50 $36,202.50 $5.80 $46,661.00 38 Concrete Header Band 1.0 FT Wide Foot 1,065 16.00 17,040.00$ 20.00 $21,300.00 $19.00 $20,235.00 39 Porous Aggregate Sub base,12”Sq.Yd.860 45.00 38,700.00$ 20.00 $17,200.00 $15.00 $12,900.00 40 Porous And High Albedo PCC Pavement, 8”Sq.Yd.860 95.00 81,700.00$ 105.00 $90,300.00 $100.00 $86,000.00 41 Hot-Mix Asphalt Surface Removal (Variable Depth)Sq.Yd.11,390 4.00 45,560.00$ 3.80 $43,282.00 $1.90 $21,641.00 42 Pavement Removal Sq.Yd.2,700 15.00 40,500.00$ 14.00 $37,800.00 $15.00 $40,500.00 43 Driveway Pavement Removal Sq.Yd.1,007 14.00 14,098.00$ 11.00 $11,077.00 $10.00 $10,070.00 44 Curb Removal Foot 6,930 5.00 34,650.00$ 3.50 $24,255.00 $4.00 $27,720.00 45 Combination Curb and Gutter Removal Foot 345 5.00 1,725.00$ 3.50 $1,207.50 $5.00 $1,725.00 46 Sidewalk Removal Sq.Ft.8,580 1.50 12,870.00$ 1.40 $12,012.00 $1.00 $8,580.00 47 Class B Patches, Special, 9” (HES)Sq.Yd.310 85.00 26,350.00$ 40.00 $12,400.00 $100.00 $31,000.00 48 Class D Patches, Special, 9”Sq.Yd.110 80.00 8,800.00$ 55.00 $6,050.00 $75.00 $8,250.00 49 Cold Mix Ton 33 100.00 3,300.00$ 1.00 $33.00 $0.01 $0.33 50 Fiberglass Fabric Repair System Sq.Yd.585 60.00 35,100.00$ 45.00 $26,325.00 $47.50 $27,787.50 51 Storm Sewers, 8", Special (DIP, Cl. 50)Foot 44 160.00 7,040.00$ 90.00 $3,960.00 $106.00 $4,664.00 52 Storm Sewers, 10", Special (DIP, Cl. 50)Foot 102 180.00 18,360.00$ 105.00 $10,710.00 $130.00 $13,260.00 53 Storm Sewers, 12", Special (DIP, Cl. 50)Foot 54 200.00 10,800.00$ 120.00 $6,480.00 $150.00 $8,100.00 54 Catch Basins, Type A, 4' Dia., Type 1 Frame, Open Lid Each 1 4,000.00 4,000.00$ 2,750.00 $2,750.00 $6,150.00 $6,150.00 55 Inlets, Type A, Type 1 Frame, Open Lid (36" Depth)Each 2 1,700.00 3,400.00$ 1,250.00 $2,500.00 $2,970.00 $5,940.00 56 Catch Basins To Be Adjusted Each 27 375.00 10,125.00$ 325.00 $8,775.00 $370.00 $9,990.00 57 Catch Basins To Be Reconstructed Each 1 1,250.00 1,250.00$ 1,100.00 $1,100.00 $1,060.00 $1,060.00 58 Manholes To Be Adjusted Each 14 425.00 5,950.00$ 425.00 $5,950.00 $510.00 $7,140.00 59 Manholes To Be Reconstructed Each 11 1,250.00 13,750.00$ 1,100.00 $12,100.00 $1,275.00 $14,025.00 60 Inlets To Be Adjusted Each 6 375.00 2,250.00$ 310.00 $1,860.00 $375.00 $2,250.00 61 Valve Vaults To Be Adjusted Each 1 425.00 425.00$ 425.00 $425.00 $510.00 $510.00 62 Valve Vaults To Be Reconstructed Each 3 1,250.00 3,750.00$ 1,000.00 $3,000.00 $1,275.00 $3,825.00 63 Valve Boxes To Be Adjusted Each 16 320.00 5,120.00$ 150.00 $2,400.00 $340.00 $5,440.00 64 Frames and Lids, Type-1, Open Lid Each 10 400.00 4,000.00$ 375.00 $3,750.00 $405.00 $4,050.00 65 Frames and Lids, Type-1, Closed Lid Each 22 400.00 8,800.00$ 375.00 $8,250.00 $425.00 $9,350.00 66 Removing Catchbasins Each 1 300.00 300.00$ 375.00 $375.00 $530.00 $530.00 67 Removing Inlets Each 1 200.00 200.00$ 200.00 $200.00 $320.00 $320.00 68 Concrete Curb, Type B (AEP-Modified)Foot 730 19.00 13,870.00$ 20.00 $14,600.00 $19.00 $13,870.00 69 Comb. Conc. C&G Type B6.12 (AEP-Modified)Foot 6,585 19.00 125,115.00$ 17.00 $111,945.00 $17.00 $111,945.00 70 Detectable Warnings Sq.Ft.535 32.00 17,120.00$ 25.00 $13,375.00 $29.50 $15,782.50 71 Pavers Removal and Replacement Sq.Ft.150 18.00 2,700.00$ 20.00 $3,000.00 $15.00 $2,250.00 72 Street Sweeping Each 19 400.00 7,600.00$ 25.00 $475.00 $500.00 $9,500.00 73 Supplemental Watering Unit 62 40.00 2,480.00$ 1.00 $62.00 $0.01 $0.62 74 Work Zone Pavement Marking Removal Sq.Ft.6,890 0.80 5,512.00$ 0.01 $68.90 $0.85 $5,856.50 75 Handhole To Be Adjusted Each 2 1,000.00 2,000.00$ 2,300.00 $4,600.00 $1,700.00 $3,400.00 76 Short Term Pavement Marking Line-4" (Tape Type 1) Foot 3,920 1.00 3,920.00$ 0.01 $39.20 $0.50 $1,960.00 77 Parking Meter Post Removal and Replacement Each 19 300.00 5,700.00$ 550.00 $10,450.00 $200.00 $3,800.00 78 Removing and resetting Street Signs Each 5 250.00 1,250.00$ 350.00 $1,750.00 $100.00 $500.00 79 Post-Construction Sub-Surface Videotaping Lump Sum 1 3,000.00 3,000.00$ 6,500.00 $6,500.00 $2,900.00 $2,900.00 80 Exploration Trench, D<10 Feet Each 2 400.00 800.00$ 50.00 $100.00 $2,000.00 $4,000.00 81 Special/Non Special Waste Disposal Cu.Yd.392 35.00 13,720.00$ 1.00 $392.00 $59.00 $23,128.00 82 Soil Disposal Analysis Lump Sum 1 4,000.00 4,000.00$ 500.00 $500.00 $2,500.00 $2,500.00 83 Construction Layout Lump Sum 1 5,000.00 5,000.00$ 27,500.00 $27,500.00 $5,000.00 $5,000.00 84 Changeable Message Sign Ca. Mon 24 1,500.00 36,000.00$ 10.00 $240.00 $1,100.00 $26,400.00 85 Temporary Pavement Marking Line-4"Foot 14,800 1.00 14,800.00$ 0.01 $148.00 $0.45 $6,660.00 86 Traffic Control and Protection Lump Sum 1 55,000.00 55,000.00$ 150,000.00 $150,000.00 $68,547.82 $68,547.82 TOTAL ESTIMATED COSTS 1,249,485.00$ $1,128,934.10 $1,169,900.00 BID NO: 14-31 NAME AND ADDRESS OF BIDDERS APPROVED ENGINEER'S ESTIMATE CITY OF EVANSTON TABULATION OF BIDS FOR 2014 WATER MAIN REPLACEMENT AND STREET RESURFACING PROJECT - CIP 3, PW-WMRS-1403 Schaumburg, IL 60193 Chicagoland Paving Contractors 225 Telser Road, Lake Zurich, IL 60047 A. Lamp Concrete Contractors, Inc 800 W. Irving Park Road, 5:06 PM, 5/13/2014 X:\Engineers\FY 2014 PROJECTS\CIP III Project\MISC\CIP III BID TAB64 of 374 HARRISON STMEADOW-LARK LNGLENVIEW RD THAYER ST ARBORLN KNOX CIRHIGHLAND AVELAWNDALE AVEPARK PL EWING AVECOLFAX ST BENNETT AVEBRADLEY PLFOSTER STST E W A R T A V E HARRISON STWALNUT AVEGREY AVEDODGE AVEDARROW AVEDEWEY AVEASHLAND AVEEMERSON ST LYONS ST MADISON STOAK AVEOAKCLARK STASBURY AVECASE ST FOSTER ST CLINTON PL LINDEN PL UNIVERSITY PL CLARK S T CLYDE AVEHINMAN AVE INGLESIDE PK GREELEYHILLSIDE LN NOYES CULVER ISABELLA ST PAYNE ST CALVIN CIR LAWNDALE AVETHAYER ST PARK PL PITNER AVELAKE STLEMAR AVEDEMPSTER STHARTREY AVEPR A I R I E A V E BROWNLIVINGSTON ST THELIN CTASHLAND AVEJACKSON AVEWESLEY AVECRAINASBURY AVESHERMAN AVECHICAGO AVE GARRETT PL MILBURN PK DEMPSTER STGROSS POINT RDPAYNE DARTMOUTH PL PROSPECT AVECOWPER AVECENTRAL ST LINCOLNWOOD DRELGI N R D WOODLAND RD PITNER AVENATHANIEL PL CHURCH ST NOYES ST RICHMOND AVEWARREN STGREY AVEGREYHOVLAND CTBROWN AVEG R E E N B A Y R D DARROW AVESOUTH BLVDDARROW AVELYONS STWOODBINE AVEJENKS ST WASHINGTON STASHLAND AVECROFT LNWESLEY AVEROSALIE ST BARTON AVELEE STRIDGE AVEOAK AVEMAPLE AVELINCOLN ST CASE PL LAKE ST CHURCH S TORRINGTON AVEINGLESIDE PL FOREST AVETECH DR SHERIDAN RD HILLSIDE RD SIMPSON STHASTINGS AVEOTTO LN RIDGEWAY AVEMARCY AVEFORESTVIEW RDREESE AVEBENNETT AVEHOWARD STHARTREY AVECLEVELAND STFOWLER AVECRAIN STPITNER AVEBROWN AVEWASHINGTON STHARTREY AVEBROWN AVEGREY AVEFLORENCE AVEASBURY AVEMONROE STST. MARK'S CTRIDGE AVEELMWOOD AVESHERMAN AVESHERMAN AVEHAMLIN ST GAFFIELD PL SHERMAN PL GREENWOOD STHINMAN AVESHERMAN AVEHAVEN ST EUCLIDPARK PL JUDSON AVE SOUTH BLVD LEE STJUDSON AVEMICHIGAN AVESHERIDAN SQLAKE SHORE BLVDS H E R IDAN RD THAYERST T H A Y E R C T CRAWFORD AVECOLFAX PL TRINITY CT HARTZELL ST NORMANDY PL HURD AVEMcDANIEL AVEWADE CTMARTHA LNHARTZELL ST PITNER ALYGREENWOOD STMcCORMICK BLVDGREY AVEKEENEY ST GREENLEAF ST BRI D G E ST PAYNE ST ISABELLA ST FLORENCE AVECLEVELAND STDEWEY AVECOLFAX TER CENTRAL ST CHANCELLOR WASHINGTON STRIDGE AVEGARNETT PL LEONARD PL BRUMMEL ST MULFORD STMAPLE AVEELG I N R D COLFAX STRIDGE AVERIDGE TER DAVIS S T LIBRARY PL DARTMOUTH PL CHICAGO AVE KEDZIE ST MAIN ST FOREST AVEARTSCIRCLE DR ARNOLD PLSHERIDAN RDPRINCETON AVEMARCY AVEISABELLA ST LINCOLN ST THAYER ST HAWTHORNE LN LINCOLN ST COLFAX STLIVINGSTON DODGE AVEGROVE ST HARRISONBROADWAY AVECHANCELLOR ST FOSTER STJACKSONLIVINGSTON DOBSON ST HARVARD TER SOUTH BLVDRIDGE CTRIDGEAVESIMPSON STBRYANT AVEOAKTON ST EMERSON ST MONTICELLO PL HINMAN AVEKEENEY ST GREENLEAF ST MICHIGAN AVEBURNHAM PLPRINCETONWELLINGTON CTC R A W F O R D LINCOLNWOOD DRBRUMMEL PLMcCORMICK BLVDMcDANIEL AVEMcDANIEL AVESIMPSON ST OAKTON ST MADISON PLLAUREL AVEPIONEER RDPAYNE STELM AVESEWARD STBROWN AVELEE ST GREY AVEGREY AVEDOBSON STDODGE AVESEWARD STDEWEY AVEWESLEY AVEWESLEY AVEELINOR PL DAVIS STWESLEY E A S T R A I L R O A D A V E LEON PL NOYES ST GRANTGIRARD AVESEWARD STELMWOOD AVEREBA PL NOYES CTGARRISON AVESHERIDAN RD CALLAN AVEGROVE S T CALLANJUDSON AVELAKESIDE CT HAMILTON ST HAYES CLIFFORD STBERNARD PLTHAYER PARK PL CENTRAL PARK AVEGRANT STEWING AVEMcDANIEL AVECENTRAL ST HARTREY AVEFOWLER AVELELAND AVELYONS ST BRUMMEL STDEWEY AVEKEENEY STDODGE AVEMAIN STDARROW AVEGRANT ST P R A I R I E A V E P O P L A R A V E G R E E N B A Y R D MULFORD STASHLAND AVEKIRK ST WILDER STEASTWOOD AVEASHLAND AVEASBURY AVEWESLEY AVEASBURY AVEHAMPTON PKYHULL TER AUSTIN STPRATT CTRIDGE AVEBENSON AVECENTRAL ST SHERIDAN PL R OS LYN P L HOWARD STCUSTER AVEMILBURN ST SHERIDAN RDFOREST PLCAMPUS DREDGEMERE CTNORTH SHORE CHANNELNORTH SHORE CHANNELLAKEMICHIGAN1200 1800 29002300200019001600400100 200 800 900 1000 1700 2100 2700 2800 500 2100 2700 340030002200160015001000500300300 1100 1200 1300 1800 1900 2300 2900 900 28002500270025007006005002400 1400 1500 1900 2200 2300 2600 350026002400180017001500120011001000800600 2500 2600 300 400 600 800 700 2800 3600230020002200130012001100700200400 1600 200 1000 380033001700900900200500 2000 1300 1600 2500 2400 370026002400210019001400100300100700 1400 1500 2200 100 1100 1700 2000 320031002100180013001400800600400cip 3 loc map.mxd 05/13/14 0 0.5 10.25 Mile Railroad Street City Boundary ´ This map is provided "as is" without warranties of any kind. See www.cityofevanston.org/mapdisclaimers.html for more information. PROJECT LOCATION 2014 CIP STREET IMPROVEMENT PROJECT, CIP IIIPW-RS-1403, BID NO.: 14-31 City of Evanston Department of Public Works Location Map 65 of 374 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 Street Improvement Project - CIP 3 Bid #14-31 Date: May 19, 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 3, Bid #14-31, in the base bid amount of $1,128,934.10, the primary contractor A Lamp Concrete Contractors has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE EBE WBE Hawk Enterprises Construction $ 13,400.00 1% X Ozinga Ready Mix Concrete $ 77,000.00 7% X Alas Trucking Trucking $ 153,110.00 13.5% X Markings Specialist Markings $ 38,723.95 3.4% X Total M/W/EBE $ 282,233.95 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 3, Bid #14-31, M/W/EBE Memo 66 of 374 For City Council meeting of May 27, 2014 Item A3.3 Business of the City by Motion: Approval of Changes to ADT Alarm Monitoring Agreement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Richard Eddington, Chief of Police Perry Polinski, Communications Coordinator Subject: Approval of Changes to ADT Alarm Monitoring Agreement Date: May 15, 2014 Recommended Action: Staff recommends City Council authorize the City Manager to execute a new agreement with ADT Security Systems, Inc. (now Tyco Integrated Security) for the monitoring of City facilities. The Annual Service Charges are $13,860 per year, and the Initial Term of the Agreement is 5 years. Funding Source: Funding for the monitoring of City facility alarms will continue to be provided by Information Technology account 1932.64505 (Telecommunications – Line Carrier Charges) with a budget of $37,500.00 Summary: For more than 20 years the Evanston Police Department has had an exclusive agreement with ADT to monitor its “direct connect” burglar and fire alarms for Evanston businesses and residents. In order to do this, these customers are connected to the 9-1-1 Center using equipment owned and maintained by ADT (now Tyco Integrated Security). There are currently four burglar alarms and 125 fire alarms being privately monitored by the 9-1-1 Center (down from a total of 250 customers at its peak), but the number of subscribers has decreased significantly over the years due to more cost appealing private sector options. The City receives approximately $7,740/year for providing this service: the monitoring fee is $15/quarter per burglar and fire alarm (not including City facility alarms). These rates have not increased since 1992. While it is possible to renegotiate these fees, this would not eliminate some of the other issues associated with alarm monitoring such as: taking dispatcher attention away from dispatch services; the City’s exposure to liability with respect to dispatch activities; and the rapidly increasing AT&T alarm circuit connection fees. It is the latter that prompted this review. The City is paying almost $125/month per line for 25 facility connections Memorandum 67 of 374 totaling $37,500 annually. The current connection between alarm subscribers and the monitoring equipment in the 9-1-1 Center are dependent upon antiquated copper wire telephone circuits which are maintained by the phone company. AT&T would like to get out of the “hardwire” lease circuit business and, as a result, has been regularly increasing its fees with Federal Communications Commission (FCC) approval. Additionally, advancements in technology have provided more cost appealing and less problematic wireless equipment as an alternative. In addition to the exorbitant costs to the City for providing alarm coverage for its facilities, there are a couple of aspects to evaluate when considering the discontinuation of private alarm monitoring: the monitoring process itself and the prohibitive cost of duplicating alarm circuits at our back-up facility in the event of a catastrophic failure at our primary site (the Police Building). Alarm Monitoring: The term “private alarm monitoring” is too simple, when in fact it involves far more than just waiting for an alarm to activate and dispatching the appropriate response. There is continuous maintenance involved which includes such additional responsibilities as: 1. Constantly receiving phone calls to take alarms in/out of service. 2. Contacting key holders after activations. 3. Maintaining service logs and contact information for each alarm. 4. Alarm subscriber connection/disconnection oversight. 5. Quarterly invoicing Tyco Integrated Security. Our telecommunicators perform these duties while simultaneously performing other police and fire related services. While eliminating private alarm monitoring duties will not adversely affect call volume, it will provide the opportunity for telecommunicators to focus more closely on emergency dispatch services rather than private alarm monitoring. ADT’s antiquated equipment limits the monitoring of alarms to within the 9-1-1 Center itself. Should the 9-1-1 Center require evacuation, it is cost prohibitive to duplicate and monitor alarm connections remotely from the back-up facility at the City’s EOC (Emergency Operations Center). This is also the case when a phone service interruption occurs or the alarm receiver fails. Additionally, updating this equipment would not be cost efficient. It would require significant expense while serving a very limited number (which continues to decline) of residences and businesses. This cost to the City is directly proportionate to the number of alarm service subscribers. The Chicago area is unique in that municipalities offer the availability to have private alarms directly connected to police and fire dispatch centers. In most areas of the country, alarms are monitored exclusively by private central station alarm companies. Several area communities (i.e. Wilmette & Glenview) have already discontinued this service for a variety of reasons. Additionally, there is currently a movement afoot in the Page 2 of 3 68 of 374 alarm monitoring industry toward the utilization of a protocol called ASAP-TO-PSAP (Automatic Secure Alarm Protocol) as a means of delivering alarms. The ASAP Project, an American National Standard, was formerly known as the External Alarm Interface Exchange project and piloted by the City of Richmond and York County, VA in partnership with Vector Security. ASAP is a protocol that will allow an “XML dump” into CADS (Computer Aided Dispatch System) via NLETS (National Law Enforcement Telecommunications System). In other words, central station alarm companies want to transmit alarms via NLETS/LEADS directly to our CADS! Private Alarm Service User Notification Process: Should approval be given to cease the provisioning of direct connect private alarm monitoring to ADT and its subscribers, ADT has agreed to redirect all alarms from the 9-1-1 Center to their Central Station. At that time, ADT will send notices to their subscribers to provide them with their options for future monitoring. City Facility Alarm Monitoring: The Police Department has had an alarm monitoring agreement with ADT since 1992. Currently, there are a total of thirty (30) City alarm connections; 19 fire, 6 burglar, and 5 Police Station in-house alarms. The 5 Police Station alarms utilize house pairs for connectivity, the other 25 throughout the City rely on the alarm circuits provided by AT&T at $125/month per connection. Options for monitoring these alarms include reconnecting the existing Police Station in-house alarms to a panel that terminates in the 9-1-1 Center and redirecting the 25 other City alarms wirelessly to ADT central station for monitoring, which would reduce monthly costs by eliminating AT&T leased alarm circuits. (ADT’s monitoring fee is $55/month per connection; totaling $13,860 annually.) ADT/Tyco will execute a new agreement and convert facilities to wireless at no cost to the City. In closing, staff is requesting consideration to authorize the discontinuation of private alarm monitoring services for residential and business customers provided by the 9-1-1 Center for the reasons cited above and as a means of reducing costs (approx. $15,700/year) within City operations by entering a new agreement with ADT/Tyco. Legislative History: Emergency Telephone System Board approved at the meeting of July 25, 2013. Attachments: Copy of contract/agreement Page 3 of 3 69 of 374 COMMERCIAL SALES AGREEMENT TOWN NO. 0332-CHICAGO NORTH CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 1-TVNAFH DATE: 5/6/2014 Tyco Integrated Security LLC (“Tyco”) Robert Brugh 2010 Swift Drive, Oak Brook, IL 60523-1545 Tele. No. (630) 458-7727 City of Evanston d/b/a: (“Customer”) Customer Billing Information 2100 Ridge, Evanston, IL 60201 Attn: Tele. No. Customer Premises Serviced 2100 Ridge, Evanston, IL 60201 Attn: Tele. No. This Commercial Sales Agreement is between Customer and Tyco effective as of the date signed by Customer. By entering into this Agreement, Tyco and Customer agree to the Terms and Conditions contained in this Agreement. The Equipment and/or Services, collectively the System(s) covered under this Agreement is/are listed in the attached Schedule(s) of Protection / Scope of Work (“SOW”). I. THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS AGREEMENT AND ARE INCORPORATED BY REFERENCE: (a) Hazardous Substance Checklist and Customer Letter (b) Scope of Work / Schedule(s) of Protection (c) Terms and Conditions (d) Additional Terms and Conditions (e) State Specific Forms, if applicable (e.g., local permit applications) (f) Customer Installation Acceptance Form (specific to Equipment/Services purchased) (g) If multiple locations, see attached schedule II. CHARGES AND FEES: Customer agrees to pay the Sum of $ 0.00 (“Installation Charge”) with $ 0.00 payable upon acceptance of this Agreement (“Installation Charge Deposit”) plus any applicable “Fees” and sales taxes. Tyco may invoice Customer for progress billings based upon Equipment and/or System components delivered or stored, and/or Services performed before completion of the System/Equipment installation, activation of the System, connection to the CMC, or any other Service(s). All outstanding Installation Charges and/or Fees shall be due and payable upon completion of the installation of the Equipment/System and as a precondition to activation of System and, if applicable, connection to Tyco’s Central Monitoring Center (“CMC”) or any other Service(s). Any changes in the STATEMENT OF WORK / SCHEDULE OF PROTECTION made by the Customer after execution of this Agreement must be agreed to by Tyco and the Customer in writing and may be subject to additional charges and/or fees. Any equipment ordered by Customer by e-mail or telephone order shall be subject to terms and conditions of the Agreement and may be subject to shipping, handling, and/or restocking fees. For the Service(s) provided as indicated in this Agreement, Customer agrees to pay Service Charges in the amount of $ 13,860.00 per annum (the “Annual Service Charge”), payable in advance Quarterly plus applicable state and/or local tax(es) for 5 year(s) (the “Initial Term”) effective from the date such Service is operative under this Agreement. Until Customer has paid Tyco the Installation Charge and Fees in full, Customer grants to Tyco a security interest in the Equipment and all proceeds thereof to secure such payment. After the Initial Term this Agreement shall automatically renew on a/an Annual basis unless terminated by either party upon written notice at least thirty (30) days prior to the anniversary date. Tyco shall have the right to increase Annual Service Charge(s) after one (1) year. For termination prior to the end of the Initial Term, Customer agrees to pay, in addition to any outstanding Fees and charges for Service(s) rendered prior to termination, 90% of the Annual Service Charge(s) remaining to be paid for the unexpired term of the Agreement as liquidated damages but not as a penalty. Additionally, Customer agrees to pay any assessments, taxes, fees or charges imposed by any governmental body, telephone, communication, or signal transmission company such as false alarm, permitting or connection fees, or administration fees or service charges assessed by Tyco related to AHJ requirements and/or changes to applicable laws, the need to reprogram alarm controls/devices to comply with area code, signal transmission, numbering or other changes relating to the installed Equipment and/or Service(s) provided under this Agreement ( “Fees”). III. ENTIRE AGREEMENT; CUSTOMER ACCEPTANCE: This Agreement, together with all of its written Amendments, Riders, Scope of Work and/or Exhibits, constitutes the entire agreement between the Customer and Tyco relating to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements and understandings. The terms and conditions of this Agreement will prevail over any conflicting, inconsistent or additional terms and/or conditions contained in any purchase order, agreement, or other document issued by Customer. In signing this Agreement, Customer is not relying on any advice, advertisements, or oral representations of Tyco and agrees to be bound to the terms and conditions contained in all the pages of the Agreement. Customer agrees that any representation, promise, condition, inducement or warranty, express or implied, not included in this Agreement will not be binding upon Tyco, and that the terms and conditions in this Agreement apply as printed without alteration or qualification, except as specifically modified by a written agreement signed by Tyco and Customer. Any changes in the Statement of Work or scope of the work requested by the Customer after the execution of this Agreement may result in additional cost to the Customer and any such changes/additions must be authorized in a writing signed by both the Customer and Tyco. Customer’s failure to accept and sign this Agreement within ninety (90) days of the date shown above may result in price increases. Customer acknowledges that: (a) Tyco has explained the full range of protection, equipment, and services available to Customer; (b) additional protection over and above that provided herein is available and may be obtained from Tyco at an additional cost to the Customer; (c) Customer desires and has contracted for only the Equipment and/or Service(s) itemized in this Agreement; (d) the Equipment/Service(s) specified in this Agreement are for Customer’s own use and not for the benefit of any third party; (e) Customer owns the premises in which the Equipment is being installed or has the authority to engage Tyco to carry out the installation in the premises; and (f) Customer will comply with all laws, codes and regulations pertaining to the use of the Equipment/Service(s). ATTENTION IS DIRECTED TO THE WARRANTY, LIMIT OF LIABILITY AND OTHER CONDITIONS CONTAINED IN THE SECTIONS ENTITLED “TERMS AND CONDITIONS” AND “ADDITIONAL TERMS AND CONDITIONS”. THIS AGREEMENT REQUIRES FINAL APPROVAL OF A TYCO AUTHORIZED MANAGER BEFORE ANY EQUIPMENT/SERVICES MAY BE PROVIDED. IF APPROVAL IS DENIED, THIS AGREEMENT WILL BE TERMINATED AND TYCO’S ONLY OBLIGATION TO CUSTOMER WILL BE TO NOTIFY CUSTOMER OF SUCH TERMINATION AND REFUND ANY AMOUNTS PAID IN ADVANCE. IF MAINTENANCE SERVICE IS DECLINED, CUSTOMER MUST INITIAL HERE ________ TYCO INTEGRATED SECURITY LLC IF A 5-DAY FAMILIARIZATION PERIOD IS REQUESTED, CUSTOMER MUST INITIAL HERE ________ CUSTOMER: Presented by: (Signature of Tyco Sales Representative) Sales Agent: Robert Brugh Sales Representative Registration Number (if applicable): Accepted By: (Signature of Customer’s Authorized Representative) (Name Printed) Title: Date Signed: e-Form 8880UE00 (06/2012) Page 1 of 8 2012 Tyco. All Rights Reserved 70 of 374 COMMERCIAL SALES AGREEMENT TOWN NO. 0332-CHICAGO NORTH CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 1-TVNAFH SCOPE OF WORK / SCHEDULE OF PROTECTION IV. SCOPE OF WORK / SCHEDULE OF PROTECTION (“SOW”): Tyco agrees to install or cause to be installed the Equipment and furnish the Service(s), collectively, the System, on the terms and conditions set out in this Agreement. A. Ownership of System and/or Equipment: Tyco Owned - Tyco may remove or upon written notice to the Customer, abandon in whole or in part, all devices, instruments, appliances, cabinets, and other materials associated with the system, upon termination of this agreement, without obligation to repair or redecorate any portion of the Customer’s premises upon such removal, and the removal or abandonment of such materials shall not be held to constitute a waiver of the right of Tyco to collect any charges which have been accrued or may be accrued hereunder. B. Services to be Provided (“Services”) Alarm monitoring and Notification Services: Fire Alarm (Other) Monitoring PROVIDED Video Surveillance Services: No Service Selected Managed Access Control Services: No Service Selected Video Equipment: No Service Selected Quality Service Plan(QSP)Maintenance; Preventive Maintenance/Inspection: Maintenance Quality Service Plan PROVIDED / Inspections NOT PROVIDED Additional Services: No Service Selected C. Equipment to be Installed (“Equipment”): Tyco will install, or cause to be installed, the Equipment (or equivalent), as set forth in this SOW in Customer’s designated facility(ies). As used herein, “installation” means: (i) affixing all Equipment and materials provided by Tyco at such locations within the facility(ies) as are designated by Customer; (ii) providing and pulling cables/wires required to connect the Equipment to Customer’s Communications Facilities and making such connections; (iii), in the case of a Digital Communicator installation, mount Equipment and plug into RJ31X phone jack previously installed by Customer; (iv) in the case of radio installation, mount radio Equipment and program Equipment with number furnished by Customer; (v) providing and installing software/firmware required by the Equipment; (vi) performing testing as required to establish that the Tyco Equipment is connected, is functioning according to its specifications, and is communicating over Customer’s Communications Facilities; and (vii) providing user-level training to Customer’s designated representative in the use of such Equipment. Qty Product Name Location 21 AES Radio with Intelli Pro - Part number 7788F-ULP 21 TRANSFORMER KIT UL APPROV 21 Battery, Sealed Lead-Acid, 12 Volt, 12Ah, F2 Connector 21 Transformer, Class 2, Plug-in, 16.5VAC, 40VA for Vista128BPT 2 Telco Cord 1 Conversion to AES Radio of CHANDLER CENTER, 1001 LINCOLN ST 1 Conversion to AES Radio of EVANSTON BOAT HOUSE, 101 DEMPSTER 1 Conversion to AES Radio of FIRE STATTION #3, 1105 CENTRAL AVE 1 Conversion to AES Radio of EVANSTON FIRE 1332 EMERSON 1 Conversion to AES Radio of Evanston P.D. 1445 Elmwood, 1 Conversion to AES Radio of FLEETWOOD JOURDAIN COMMUNITY CENTER A, 1655 FOSTER STREET 1 Conversion to AES Radio of FLEETWOOD JOURDAIN COMMUNITY CENTER B, 1655 FOSTER STREET 1 Conversion to AES Radio of ROBERT CROWN CENTER, 1701 MAIN ST 1 Conversion to AES Radio of EVANSTON PUBLIC LIBRARY,1703 ORRINGTON 1 Conversion to AES Radio of EVANSTON PARKING GARAGE, 1800 MAPLE 1 Conversion to AES Radio of FIRE STATION #4, 1817 WASHINGTON 1 Conversion to AES Radio of CITY OF EVANSTON, 2020 ASBURY 1 Conversion to AES Radio of EVANSTON ECOLOGY CENTER, 2024 MCCORMICK 1 Conversion to AES Radio of CIVIC CENTER, 2100 RIDGE 1 Conversion to AES Radio of EVANSTION ART CENTER, 2603 SHERDAN 1 Conversion to AES Radio of FIRE STATION # 5, 2830 CENTRAL STREET 1 Conversion to AES Radio of LEVY CENTER,300 DODGE 1 Conversion to AES Radio of POLICE DEPT, 633 HOWARD e-Form 8880UE00 (06/2012) Page 2 of 8 2012 Tyco. All Rights Reserved 71 of 374 1 Conversion to AES Radio of SHERMAN PLAZA SELF PARK, 821 DAVIS ST 1 Conversion to AES Radio of NOYES CULTURAL, 927 NOYES 1 Conversion to AES Radio o fEvanston Art Center Firealarm# 308 2603 Sheridan Rd. 1 Conversion to AES Radio of EVANSTON ART CENTER, 2603 SHERIDAN 1 Conversion to AES Radio of FIRE DEPT #2, 702 MADISON 1 Labor Adjustments 90 Prevailing Wage Installation Labor, Programming, and Testing D. Scope of Work: This Section is intended for installation use only. Any language contained in this Section that attempts to modify the Terms and Conditions of this Agreement shall be void and of no effect. Contact Information: Customer contact. System Operation: Install radio; connect to customer’s fire system to transmit alarm signals to Tyco. Programming Info: Program to tyco center protocol. Site Conditions: Existing building existing system Existing Equipment: Existing fire system Customer Expectations: Radio to transmit all alarm and trouble signals from local alarm to Tyco’s center. Training Expectations: No training needed. General Comments: Customer responsible for all local permits. Customer has been advised that a remote antenna may be needed and additional fees may be charge. Customer Responsibilities / Tyco Exclusions: Customer to provide AC power and alarm panel outputs. Documentation Needs: Cut sheets and manuals as needed. Contract Notes - Description site name site address site city site state CHANDLER CENTER 1001 LINCOLN ST EVANSTON IL EVANSTON BOAT HOUSE 101 DEMPSTER EVANSTON IL FIRE STATTION #3 1105 CENTRAL AVE EVANSTON IL EVANSTON FIRE 1332 EMERSON EVANSTON IL EVANSTON POLICE DEPARTMENT 1454 ELMWOOD EVANSTON IL FLEETWOOD JOURDAIN COMMUNITY CENTER 1655 FOSTER STREET EVANSTON IL FLEETWOOD JOURDAIN COMMUNITY CENTER 1655 FOSTER STREET EVANSTON IL ROBERT CROWN CENTER 1701 MAIN ST EVANSTON IL EVANSTON PUBLIC LIBRARY 1703 ORRINGTON EVANSTON IL EVANSTON PARKING GARAGE 1800 MAPLE EVANSTON IL FIRE STATION #4 1817 WASHINGTON EVANSTON IL CITY OF EVANSTON 2020 ASBURY EVANSTON IL EVANSTON ECOLOGY CENTER 2024 MCCORMICK EVANSTON IL CIVIC CENTER 2100 RIDGE EVANSTON IL EVANSTON ART CENTER 2603 SHERIDAN EVANSTON IL FIRE STATION # 5 2830 CENTRAL STREET EVANSTON IL LEVY CENTER 300 DODGE EVANSTON IL POLICE DEPT 633 HOWARD EVANSTON IL FIRE DEPT #2 702 MADISON EVANSTON IL SHERMAN PLAZA SELF PARK 821 DAVIS ST EVANSTON IL NOYES CULTURAL 927 NOYES EVANSTON IL e-Form 8880UE00 (06/2012) Page 3 of 8 2012 Tyco. All Rights Reserved 72 of 374 TERMS AND CONDITIONS TERMS AND CONDITIONS V.Customer and Tyco agree as follows: A. Services. A.1. Central Station Signal Receiving and Notification ("Alarm Monitoring") Services. 1. If an alarm signal registers at Tyco's alarm monitoring center (“CMC”), Tyco will endeavor to notify the appropriate Police or Fire Department and if required by local law, the Customer’s designated representative. If a burglar alarm signal or fire signal registers at Tyco's CMC, Tyco at its sole discretion may endeavor to contact the Customer's premises by telephone to verify that the alarm is not false. Failing to contact the Customer promptly or questioning the nature of the response received upon such contact, Tyco shall endeavor to notify the appropriate Police/Fire Department. If a supervisory or trouble signal registers at Tyco's CMC, Tyco will endeavor to notify the Customer's designated representative. 2. If Customer has purchased alarm monitoring service that requires Police, Fire, Guard Response, or Medical Emergency Response/Notification or Two Way Voice monitoring services and such an alarm is received at Tyco’s CMC, then Tyco may, in its sole discretion, endeavor either (a) to contact Customer and/or anyone Customer has identified as having authority to act on Customer’s behalf on Customer’s Emergency Contact List (“ECL”) by telephone or Two Way Voice communication, or (b) use video or audio feed from Customer’s premises to confirm that the alarm is not false. If Tyco fails to contact Customer or someone on Customer’s ECL or, if Tyco questions the response received upon such contact, then Tyco will endeavor to notify the appropriate Police/Fire Department or other emergency response provider. If Guard Response Service is being provided, Tyco will, for an alarm that requires Police response, endeavor to dispatch a Tyco Representative to make an investigation of the exterior of the premises from his/her vehicle and, upon evidence of an attack, Tyco will endeavor to notify the appropriate Police Department. TYCO WILL NOT ARREST OR DETAIN ANY PERSON. Customer agrees that Tyco will have no liability pertaining to the recording (or failure to record) or publication of any Two Way Voice communications, Internet, or other Video recordings or the quality of such recordings, if any. 3. If Supervisory Alarm or Trouble Alarm monitoring services are purchased (or if such services are actively programmed into the System) and such an alarm is received by Tyco, Tyco will endeavor to notify Customer’s designated representative. 4. If Customer has identified persons on Customer’s ECL authorized to act on Customer’s behalf, Tyco will endeavor to contact such persons before Tyco endeavors to notify the Police/Fire Department. 5. The System may not operate with other companies’ alarm monitoring equipment. If Customer cancels any Services, this incompatibility may prevent Customer from continuing to use the System. Customer understands that local laws, ordinances or governmental policies may restrict and/or limit Tyco’s ability to provide alarm monitoring and notification services and/or necessitate modified or additional services and expense to Customer. Customer understands that Tyco may employ any number of current or future industry-recognized measures to help reduce occurrences of false alarm signal activations. These measures may include, but are not limited to, implementation of industry-recognized default settings on alarm panels including those authorized under ANSI-SIA CP-01-2000; default settings for “swinger shutdown” of specific alarm zones; implementation of “partial clear time bypass” procedures at Tyco’s CMC; and/or other similar measures employed by Tyco periodically in Tyco’s sole discretion. THESE MEASURES CAN RESULT IN NO ALARM SIGNAL BEING SENT FROM AN ALARM ZONE IN CUSTOMER’S PREMISES AFTER THE INITIAL ACTIVATION UNTIL CUSTOMER MANUALLY RESETS THE ALARM SYSTEM. 6. Customer understands that, upon receiving notification that a fire or carbon monoxide signal has been received by Tyco, the Police, Fire Department or other responding authority may forcibly enter Customer’s premises. 7.Alarm Verification Services. Intrusion detection/burglar alarm equipment may require activation of two sensors, or a second activation of a single sensor, or activation of a continuous alarm event from a single sensor to meet the requirements of local laws, ordinances or other requirements of the Police Department. Customer is solely responsible for operating on-premises bypass or switch units to disconnect or reconnect the alarm sounding or transmitting equipment. 8. 5-Day Familiarization Period. If Customer has requested a 5-day “Familiarization Period” following completion of installation, and if needed, an extension period to enable Customer to become familiar with the system operation, then during this Familiarization Period Customer agrees that if any signal (including an alarm signal) of any nature registers at Tyco's CMC, Tyco will not: respond to any signals, or endeavor to notify any authorities, Customer, or Customer's designated representative(s), or undertake any other action with regard to any signal, whether or not due to an actual emergency event. 9. Direct Connection Service. If such service is available/required in Customer’s location a “Direct Connection” may be made to the Customer’s Municipal Police, Fire Department, or other agency, and signals transmitted by the System will be monitored directly by such Municipal Police, Fire Department, or other agency personnel (collectively, “Municipal Personnel”), none of whom are agents of Tyco. Tyco does not assume any responsibility or liability for the manner in which such signals are monitored or the response, if any, made by such Municipal Personnel to such signals. 10. Parallel Protection Service. If Customer chooses a Tyco approved cellular back-up service, alarm signals may be transmitted to Tyco’s CMC from Customer's premises over a cellular communications network if Customer’s primary telephone service is interrupted. A.2. Communication Facilities. (a) Authorization. To facilitate Tyco’s ability to provide Service under this Agreement, Tyco may make requests for information, service, or equipment in any respect on behalf of Customer to Customer’s telephone service provider, wireless carrier, or other entity providing communication facilities or services for transmission of alarm signals (the “TeleCo”). (b) Digital Communicator. If a Digital Communicator is used to connect to Tyco’s CMC, Customer will provide a connection through a telephone jack to Customer’s TeleCo service as required to operate the System, Equipment, or to provide the Service. Such connection will be electrically first before any other telephone or Customer equipment, and will be located within 10 feet of the alarm/control panel. Tyco will provide such connection at Customer’s request and expense. (c) General. TYCO’S RECEIPT OF ALARM SIGNALS, ELECTRONIC DATA, VOICE DATA OR IMAGES (COLLECTIVELY, “ALARM SIGNALS”) FROM THE EQUIPMENT OR SYSTEM INSTALLED IN CUSTOMER’S PREMISES IS DEPENDENT UPON PROPER TRANSMISSION OF SUCH ALARM SIGNALS. TYCO’S CMC CANNOT RECEIVE ALARM SIGNALS WHEN THE CUSTOMER’S TELECO SERVICE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT, INTERFERED WITH, OR IS OTHERWISE DAMAGED, OR IF THE ALARM SYSTEM IS UNABLE TO ACQUIRE, TRANSMIT OR MAINTAIN AN ALARM SIGNAL OVER CUSTOMER’S TELECO SERVICE OR TRANSMISSION MODE FOR ANY REASON INCLUDING BUT NOT LIMITED TO NETWORK OUTAGE OR OTHER NETWORK PROBLEMS SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR INSTABILITY OF SIGNAL QUALITY. CUSTOMER UNDERSTANDS THAT SIGNAL TRANSMISSION FAILURE MAY OCCUR OVER CERTAIN TYPES OF TELECO SERVICES SUCH AS SOME TYPES OF DSL, ADSL, VOIP, DIGITAL PHONE, INTERNET PROTOCOL BASED PHONE OR OTHER INTERNET INTERFACE-TYPE SERVICE OR RADIO SERVICE, INCLUDING CELLULAR, WIRELESS OR PRIVATE RADIO, OR CUSTOMER'S PROPRIETARY TELECOMMUNICATION NETWORK, INTRANET OR IP-PBX, OR OTHER THIRD-PARTY EQUIPMENT OR VOICE/DATA TRANSMISSION NETWORKS OR SYSTEMS OWNED, MAINTAINED OR SERVICED BY CUSTOMER OR THIRD PARTIES, IF: (1) THERE IS A LOSS OF NORMAL ELECTRIC POWER TO THE MONITORED PREMISES OCCURS (THE BATTERY BACK-UP FOR TYCO’S ALARM PANEL DOES NOT POWER CUSTOMER’S COMMUNICATION FACILITIES OR TELECO SERVICE); OR (2) ELECTRONIC COMPONENTS SUCH AS MODEMS MALFUNCTION OR FAIL. CUSTOMER UNDERSTANDS THAT TYCO WILL ONLY REVIEW THE INITIAL COMPATIBILITY OF THE ALARM SYSTEM WITH CUSTOMER’S TELECO SERVICE AT THE TIME OF INITIAL INSTALLATION OF THE ALARM SYSTEM AND THAT CHANGES IN THE TELECO SERVICE’S DATA FORMAT AFTER TYCO’S INITIAL REVIEW OF COMPATIBILITY COULD MAKE THE TELECO SERVICE UNABLE TO TRANSMIT ALARM SIGNALS TO TYCO’S CMC. IF TYCO DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER’S TELECO SERVICE IS COMPATIBLE, TYCO WILL PERMIT CUSTOMER TO USE ITS TELECO SERVICE AS THE PRIMARY METHOD OF TRANSMITTING ALARM SIGNALS, ALTHOUGH CUSTOMER UNDERSTANDS THAT TYCO RECOMMENDS THAT CUSTOMER ALSO USE AN ADDITIONAL BACK-UP METHOD OF COMMUNICATION TO CONNECT CUSTOMER’S ALARM SYSTEM TO TYCO’S CMC REGARDLESS OF THE TYPE OF TELECO SERVICE USED. CUSTOMER ALSO UNDERSTANDS THAT IF TYCO DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER’S TELECO SERVICE IS, OR LATER BECOMES, NON-COMPATIBLE, OR IF CUSTOMER CHANGES TO ANOTHER TELECO SERVICE THAT IS NOT COMPATIBLE, THEN TYCO WILL REQUIRE THAT CUSTOMER USE AN ALTERNATE METHOD OF COMMUNICATION ACCEPTABLE TO TYCO AS THE PRIMARY METHOD TO CONNECT CUSTOMER’S ALARM SYSTEM TO TYCO’S CMC. TYCO WILL NOT PROVIDE FIRE OR SMOKE ALARM MONITORING FOR CUSTOMER BY MEANS OTHER THAN AN APPROVED TELECO SERVICE AND CUSTOMER UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR ASSURING THAT IT USES APPROVED TELECO SERVICE FOR ANY SUCH MONITORING AND THAT IT COMPLIES WITH NATIONAL FIRE ALARM STANDARDS AND LOCAL FIRE CODES. CUSTOMER ALSO UNDERSTANDS THAT IF CUSTOMER’S ALARM SYSTEM HAS A LINE CUT FEATURE, IT MAY NOT BE ABLE TO DETECT ALARM SIGNALS IF THE TELECO SERVICE IS INTERRUPTED, AND THAT TYCO MAY NOT BE ABLE TO DOWNLOAD SYSTEM CHANGES REMOTELY OR PROVIDE CERTAIN AUXILIARY MONITORING SERVICES THROUGH A NON-APPROVED TELECO SERVICE. CUSTOMER ACKNOWLEDGES THAT ANY DECISION TO USE A NON-APPROVED TELECO SERVICE AS THE METHOD FOR TRANSMITTING ALARM SIGNALS IS BASED ON CUSTOMER’S OWN INDEPENDENT BUSINESS JUDGMENT AND THAT ANY SUCH DECISION IS MADE WITHOUT ANY ASSISTANCE, INVOLVEMENT, INPUT, RECOMMENDATION, OR ENDORSEMENT ON THE PART OF TYCO. CUSTOMER ASSUMES SOLE AND COMPLETE RESPONSIBILITY FOR ESTABLISHING AND MAINTAINING ACCESS TO AND USE OF THE NON-APPROVED TELECO SERVICE FOR CONNECTION TO THE ALARM MONITORING EQUIPMENT. CUSTOMER FURTHER UNDERSTANDS THAT THE ALARM SYSTEM MAY BE UNABLE TO SEIZE THE TELECO SERVICE TO TRANSMIT AN ALARM SIGNAL IF ANOTHER CONNECTION HAS DISABLED, IS INTERFERING WITH, OR BLOCKING THE CONNECTION. A.3. Quality Service Plan (“QSP”)/Maintenance; Testing/Inspections Service. 1. Quality Service Plan (“QSP”)/Maintenance. (a) If QSP Service is purchased, Tyco will, upon Customer’s request, provide and bear the expense of ordinary maintenance and repair of the Covered System(s) for issues arising out of normal wear and tear. The expense of all extraordinary maintenance and repair necessitated by or due to changes or alterations in the Customer’s premises, alterations to a Covered System made by Customer, or made necessary by damage to the premises or to a Covered System, or to any cause beyond the control of Tyco, will be borne by the Customer. Customer will furnish, at Customer’s expense, any necessary electric current and will furnish an outlet within 10 feet of an alarm control panel. (b) the following are not covered under QSP and any requested service will be provided on a time and materials basis: (1) window foil, (2) security screens, (3) any exterior mounted devices, (4) Programmable Read Only Memory “PROM”, (5) batteries, and (6) “Conditions” not covered by warranty shown below. (c) Tyco’s obligation to perform QSP Service relates solely to the Covered System(s) and Tyco shall not be obligated to maintain, repair, service, replace, operate or assure the operation of any device or devices not covered under QSP. Tyco is not liable for any loss due to water intrusion, mold, fungi, bacteria, or wet or dry rot. (d) If Customer does not purchase QSP before the expiration of the System Warranty, Tyco will provide QSP Service only after inspecting the System to be covered and making any necessary repairs or replacements to bring the System in compliance with Tyco’s specifications and/or the standards set by any applicable laws, codes, or regulations. Customer will pay for any related labor e-Form 8880UE00 (06/2012) Page 4 of 8 2012 Tyco. All Rights Reserved 73 of 374 and/or materials for such work at Tyco's then applicable rates. (e) QSP Service will be furnished between 8:00 A.M. and 4:30 P.M. Monday through Friday, except holidays. Tyco’s obligation to provide QSP Service is conditioned upon the continued availability of system component(s) and parts from the original equipment manufacturer (“OEM”). 2. Testing/Inspections Service (“T/I”). If T/I Service is purchased, Tyco will provide the number of inspections/tests on the Covered System(s) as specified in this Agreement. Such T/I Services will be furnished between 8:00 A.M. and 4:30 P.M., Monday through Friday, except holidays, unless otherwise mutually agreed in advance by the Parties. A.4.Investigator Response Service. Intentionally left blank - Services have not been purchased. A.5. Select View Managed Video Services/Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased. A.5.1.Video/Audio Alarm Verification Service/Video Verification. Intentionally left blank - Services have not been purchased. A.5.2.Video Guard Tour. Intentionally left blank - Services have not been purchased. A.5.3.Video Escort. Intentionally left blank - Services have not been purchased. A.5.4.Video Assist. Intentionally left blank - Services have not been purchased. A.5.5.Video Audit. Intentionally left blank - Services have not been purchased. A.5.6.Outdoor Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased. A.5.7. Managed Video Portal. Intentionally left blank - Services have not been purchased. A.5.8.Unattended Delivery – Alarm Based Video Monitoring. Intentionally left blank - Services have not been purchased. A.5.9.Unattended Delivery – Live Video Monitoring of Process - Intentionally left blank - Services have not been purchased. A.6. Managed Access Control Services. Intentionally left blank - Services have not been purchased. A.7. DataSource Service. Intentionally left blank - Services have not been purchased. A.8. Vision/Vision with Auditing. Intentionally left blank - Service is no longer offered. A.9. Hosted Access. Intentionally left blank - Services have not been purchased. A.10. Data Hosting/Storage Services. Intentionally left blank - Services have not been purchased. A.11. Mobile Security Management (“MSM”) Services. Intentionally left blank - Services have not been purchased. A.12. Software Support Services – No Upgrades. Intentionally left blank - Services have not been purchased. A.13. Additional Services. If any other services, including but not limited to the following, are being furnished under this Agreement, Customer and Tyco will enter into a separate Rider that will be attached to and incorporated as part of this Agreement: (a) Select Link - Immediate Response Information System (IRIS) (b) Managed Access Control (c) Electronic Article Surveillance (“EAS”) (d) Guard Response Service (e) Radio Frequency Identification (“RFID”) (f) Training Services (g) Watchman’s Reporting Service. B. Warranty (90-Day). 1. For a “Direct Sale,” any original part of the Equipment (as distinguished from the Software) installed under this Agreement, including the wiring, which proves to be defective in material or workmanship within ninety (90) days of the date of completion of the installation (“Warranty Period”), will be repaired or replaced, in Tyco's sole discretion, with a new or functionally operative part. Labor and materials required to repair or replace such defective components will be furnished at no charge during the Warranty Period. Warranty Services will be furnished between 8:00 A.M. and 4:30 P.M. Monday through Friday, except holidays. If Customer has purchased QSP as described in this Agreement, the foregoing Warranty Period will be extended for the time period purchased and at the additional cost shown for QSP in this Agreement. 2. The following “Conditions” are not covered by Warranty: (a) Damage or extra service time needed resulting from accidents, acts of God, lightning, strikes, riots, floods, terrorism, acts of War, alteration, misuse, tampering or abuse, adjustments, repairs or maintenance not done by Tyco or from parts, accessories, attachments or other devices not furnished by Tyco; (b) Customer’s failure to properly follow operating instructions provided by Tyco; (c) Adjustments necessitated by misalignment of video cameras, improper adjustment of monitor brightness and contrast tuning dials or insufficient light on the area viewed by the camera(s); (d) Trouble due to interruption of Telecom Service; (e) Battery failure; (f) Devices designed to fail in protecting the System, such as, but not limited to, fuses and circuit breakers; or (g) System changes requested by Customer. If Customer calls Tyco for service under the Warranty and Tyco’s representative finds that one of the “Conditions” has led to the inoperability or apparent inoperability of the System or any component, Tyco may bill Customer for the service call whether or not Tyco actually works on the System. If repairs are required due to one of the above "Conditions," Tyco will charge Customer for such work on a time and materials basis at Tyco's then applicable rates for labor and materials. 3.THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING TYCO'S NEGLIGENCE, IS REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. TYCO WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY TYCO OR NEGLIGENCE OF TYCO OR OTHERWISE. C.System Requirements, Miscellaneous: The following provisions apply to all Systems, Equipment, or Services installed or furnished by Tyco under this Agreement. 1.Vaults. Customer must ensure that any Customer vault protected by sound or vibration detector systems has the minimum construction characteristics prescribed by the Underwriters' Laboratories, Inc. 2.System Testing. Customer must test all detection devices or other electronic equipment according to procedures prescribed by Tyco prior to setting the alarm system for closed periods and must notify Tyco promptly if such equipment fails to respond to any such test. 3.Familiarization Period. UNLESS CUSTOMER HAS REJECTED THE FAMILIARIZATION PERIOD BY INITIALING THE APPROPRIATE LINE ON THE FIRST PAGE OF THIS AGREEMENT (EXCEPT WHERE FAMILIARIZATION IS REQUIRED BY LAW), CUSTOMER AGREES THAT: (a) DURING A FIVE (5) DAY FAMILIARIZATION PERIOD, OR SUCH PERIOD AS IS REQUIRED BY LAW; AND (b) FOLLOWING COMPLETION OF THE INSTALLATION AND THE COMMUNICATIONS CONNECTION TO TYCO’S CMC (AND DURING ANY APPLICABLE EXTENSIONS); TYCO HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL RECEIVED AT THE TYCO CMC FROM CUSTOMER’S PREMISES DURING SUCH FAMILIARIZATION PERIOD. CUSTOMER ALSO AGREES THAT DURING SUCH PERIOD TYCO HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, CUSTOMER, OR A PERSON ON CUSTOMER’S EMERGENCY CONTACT LIST, OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL TYCO RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. 4.Special Equipment Requirements. If Customer requires installation or service of Equipment in areas inaccessible without the use of lifts or cranes, or if non-standard conditions at the Customer site require special equipment for installation or service, Customer will provide such equipment, or will reimburse Tyco for any applicable charges or fees. 5.Training Services. Tyco provides initial training to Customer on use of the Equipment installed at the time of installation. Thereafter, Customer may purchase additional training in one-hour increments at Tyco’s then current rate. 6.Site Preparation, Intrusion and Restoration. Customer shall be responsible for providing 110VAC power, telephone connections, network drops and any required conduit, wiremold, or other raceway unless otherwise noted herein. Customer shall also be responsible for any required IP address assignments and additional network software licensing. The installation of Equipment may necessarily require cutting, bolting or fastening into Customer's floors, walls and/or ceilings. Tyco shall not be responsible for any expenses related to patching, floor or wall finishing, or paint, tile, carpet or wallpaper matching, restoration or replacement resulting from installation or service of the Equipment. 7.Closed Circuit Television (“CCTV”)/Video Equipment. Intentionally left blank – no CCTV/Video Equipment has been purchased. 8. New York City Fire System. Intentionally left blank.– covered system is not installed in NYC D. Electronic Media; Personal Information; Consent to Call, Text or Email. 1.Electronic Media. Either party may scan, fax, email, image, or otherwise convert this Agreement into an electronic format of any type or form, now known or developed in the future. Any unaltered or unadulterated copy of this Agreement produced from such an electronic format will be legally binding upon the parties and equivalent to the original for all purposes, including litigation. Tyco may rely upon Customer’s assent to the terms and conditions of this Agreement, if Customer has signed this Agreement or has demonstrated its intent to be bound whether by electronic signature or otherwise. 2. Personal Information. Customer represents and warrants that e-Form 8880UE00 (06/2012) Page 5 of 8 2012 Tyco. All Rights Reserved 74 of 374 Customer has obtained all consents and has the right to (a) disclose to Tyco all personal information disclosed hereunder concerning individuals/employees/or other third parties including all information contained in Customer’s Emergency Call List (“ECL”); (b) permit Tyco to collect (including consent to record telephone conversations with Tyco), use, disclose and transfer such personal information; and (c) expressly authorizes Tyco to use such personal information to administer the relationship and the agreement between Customer and Tyco, including, but not limited to, contacting Customer personnel at the telephone numbers and/or email addresses provided: (i) using SMS, text, prerecorded messages, or automated calling devices to deliver messages to set/confirm a service/installation appointment; and/or (ii) to provide information or offers about products and services of interest to Customer. Customer acknowledges and agrees that Tyco may share all such information with its parents, subsidiaries, affiliates and its/their successor corporations or any subcontractor or assignee, within and outside the country in which the Customer is located and thereby subject such information to the laws of such countries. E. Limitation of Liability. 1. Tyco is not an insurer. The amounts Tyco charges Customer are not insurance premiums. Such charges are based upon the value of the Services, System and Equipment provided and are unrelated to the value of Customer's property, the property of others located in Customer's premises, or any risk of loss on Customer’s premises. 2. Tyco’s services, systems and equipment do not cause and cannot eliminate occurrences of the events they are intended to detect or avert. TYCO MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES THEREFROM. Accordingly, Tyco does not undertake any risk that Customer’s person or property, or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with Customer, not Tyco. Insurance, if any, covering such risk shall be obtained by Customer. Tyco shall have no liability for loss, damage or injury due directly or indirectly to events, or the consequences therefrom, which the System or Services are intended to detect or avert. Customer shall look exclusively to its insurer and not to Tyco to pay Customer in the event of any such loss, damage or injury. Customer releases and waives for itself and its insurer all subrogation and other rights to recover from Tyco arising as a result of paying any claim for loss, damage or injury of Customer or another person. 3. If notwithstanding the provisions of this Section E, Tyco is found liable for loss, damage or injury under any legal theory due to a failure of the Services, System or Equipment in any respect, its liability shall be limited to a sum equal to 10% of the Annual Service Charge or $1,000, whichever is greater, as agreed upon damages and not as a penalty, as Customer’s sole remedy. This will be the sole remedy because it is impractical and extremely difficult to determine the actual damages, if any, which may result from Tyco’s failure to perform any of its obligations under this Agreement. If Customer requests, Tyco may assume greater liability by attaching a Rider to this Agreement stating the extent of Tyco’s additional liability and the additional charges Customer will pay for Tyco’s assumption of such greater liability. However, such additional charges are not insurance premiums and Tyco is not an insurer even if it enters into such a Rider. 4.The provisions of this Section E shall apply no matter how the loss, damage or injury or other consequence occurs, even if due to Tyco’s performance or nonperformance of its obligations under this Agreement or from negligence, active or otherwise, strict liability, violation of any applicable consumer protection law or any other alleged fault on the part of Tyco, its agents or employees. If any other person, including Customer’s subrogating insurer, makes any claim or files any lawsuit against Tyco in any way relating to the Services, System or Equipment that are the subjects of this Agreement, then Customer shall indemnify and hold Tyco harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorneys' fees. 5. No suit or action shall be brought against Tyco or its agents, employees, subsidiaries, affiliates or parents (both direct and indirect) more than one year after the incident that resulted in the loss, injury or damage occurred, or the shortest duration permitted under applicable law if such period is greater than one year. 6.The provisions of this Section E shall apply to and benefit Tyco and its agents, employees, contractors, subsidiaries, affiliates, parents (both direct and indirect), vendors and affinity marketers. If this Agreement provides for a direct connection to a municipal police or fire department or other organization, then that department or other organization may also invoke the provisions of this Section E against any claims due to any failure of such department or organization. Tyco is not responsible for the preservation of any computer programs or data and Customer is responsible for maintaining adequate back-ups. F. Other Charges; Remedies; Termination. 1.There may be a service charge to Customer for cancelled installation/service appointments if Customer cancels less than 24-hours prior to dispatch, or if Tyco’s representative is sent to the Customer’s premises in response to a service call for false alarm or System malfunction caused by Customer’s operation contrary to instructions, failure to close or properly secure a window, door or other protected point, or improper adjustment of monitors or accessory components. 2.Failure to pay amounts when due shall give Tyco, in addition to any other available remedies, the right to terminate this Agreement and to charge interest at the highest legal rate on delinquent amounts. Customer agrees to pay all costs, expenses and fees of Tyco’s enforcement of this Agreement, including collection expenses, court costs, and attorneys’ fees. Installation Charge(s) are based on Tyco performing the installation with its own personnel. If for any reason installation must be performed by outside contractors, Installation Charge(s) may be subject to revision. 3.In addition to any other remedies available to Tyco, Tyco may terminate this Agreement and discontinue any Service(s) if (a) Tyco's CMC is substantially damaged by fire or catastrophe or if Tyco is unable to obtain any connections or privileges required to transmit signals between the Customer's premises, Tyco's CMC or the Municipal Fire or Police Department or other first responder; (b) Customer fails to follow Tyco’s recommendations for the repair or replacement of defective parts of the System not covered under the Warranty or QSP Service; (c) Customer's failure to follow the operating instructions provided by Tyco results in an undue number of false alarms or System malfunction; (d) in Tyco’s sole opinion, the premises in which the System is installed are unsafe, unsuitable, or so modified or altered after installation as to render continuation of Service(s) impractical or impossible; (e) Tyco is unable to obtain or continue to support technologies, TeleCom Services, Communication Facilities, Equipment or component parts thereof that are discontinued, become obsolete or are otherwise not commercially available; or (f) Customer fails to make payments when due or otherwise breaches this Agreement. Tyco will not be liable for any damages or subject to any penalty as a result of any such termination. G. Hazardous Materials. For all projects except those involving new construction, Customer represents and warrants that to the best of Customer’s knowledge the work site is free of any hazardous materials. The term “hazardous materials” includes but is not be limited to asbestos, asbestos-containing material, polychlorinated biphenyl (“PCB”), formaldehyde or other potentially toxic or otherwise hazardous material. If any such substance is discovered on the work site, Tyco will not be required to install or service the Equipment at such site unless and until Customer certifies the removal or safe containment of such hazardous materials. Customer shall indemnify, defend, and hold Tyco, its officers, directors, agents, and vendors harmless from any damages, claims, injuries, liabilities resulting from the exposure of Tyco’s employees, contractors, or subcontractors to hazardous materials at the work site; provided, however, that the foregoing provision will not apply when it has been determined that such hazardous materials were brought to the work site by Tyco. H. Waivers. 1.Waiver of Jury Trial. CUSTOMER AND TYCO BOTH AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN ANY MANNER CONNECTED WITH OR RELATED TO THIS AGREEMENT. 2.Mutual SAFETY Act Waiver. Certain of Tyco’s systems and services have received Certification and/or Designation as Qualified Anti-Terrorism Technologies (“QATT”) under the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the “SAFETY Act”). As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, Tyco and Customer hereby agree to waive their right to make any claims against the other for any losses, including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an “Act of Terrorism” as defined in 6 C.F.R. 25.2, when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism. I. Miscellaneous. 1.Enforceability. If any of the provisions of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 2.Paragraph and Section Headings; Captions; Counterparts. The headings and captions contained in this Agreement are inserted for convenience or reference only, and are not to be deemed part of or to be used in construing this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such separate counterparts shall together constitute but one and the same agreement. 3. FARs. Tyco supplies “commercial items” within the meaning of the Federal Acquisition Regulation (FAR), 48 CFR Parts 1-53. As to any customer order for a U.S. government contract or funded directly or indirectly with Federal funds, Tyco will comply only with the following mandatory flow-downs for commercial item subcontracts pertaining to Utilization of Small Business Concerns, Equal Opportunity, Affirmative Action, and Veterans Employment: 52.219-8; 52.222-26; 52.222-35; 52.222-36; and 52.222-37. 4. Export Control. Customer shall not export or re-export, directly or indirectly, any: (i) product or service provided under this Agreement; (ii) technical data; (iii) software; (iv) information; or (v) items acquired under this Agreement to any country for which the United States Government (or any agency thereof) requires an export license or other approval without first obtaining any licenses, consents or permits that may be required under the applicable laws of the U.S. or other foreign jurisdictions, including the Export Administration Act and Regulations and shall incorporate in all export shipping documents the applicable destination control statements. Customer shall, at its own expense, defend, indemnify and save Tyco harmless from and against all third party claims, liability, loss or damage (including attorneys' fees and other defense costs), assessed against or suffered by Tyco as a result of an allegation or claim of noncompliance by Customer with this Section. The obligations contained in this Section shall survive the termination or expiration of this Agreement. 5.Insurance. Tyco maintains comprehensive General Liability and Automobile Liability Insurance in amounts that meet or exceed: $1,000,000 per incident - $2,000,000 in the aggregate and Worker’s Compensation coverage as required by law. Tyco will not be required to provide a waiver of subrogation in favor of any party, nor will Tyco be required to designate any party as a statutory employer for any purposes. 6. Tyco Brand. Without exception, Tyco-branded Signage, including yard signs, window stickers and warning signs will remain the property of Tyco and may be removed by Tyco at any time. Customer’s right to display Tyco-branded Signage is not transferable and ceases upon termination or expiration of this Agreement. 7.Resale. If Tyco is connecting to a previously installed existing system, to the extent the previously installed existing system is Customer’s properly, it shall remain Customer’s property. J. System Software; Network Connections. 1. Any software provided with the System or in connection with the Services is proprietary to Tyco and/or Tyco’s supplier(s) and is licensed or sublicensed to Customer on a non-exclusive basis. Customer may not (a) disclose the Software or source code to any third parties, (b) duplicate, reproduce, or copy all or any part of the Software, or (c) use the Software on equipment other than with the designated System with which it was furnished. A separate Software License Agreement or End User License Agreement between Tyco and Customer and/or the software publisher may be required to use the software and/or obtain updates/upgrades. If the installed Equipment is to be connected to e-Form 8880UE00 (06/2012) Page 6 of 8 2012 Tyco. All Rights Reserved 75 of 374 Customer’s computer network (“Network”), Tyco will furnish and install the software needed to run the Equipment and will connect the Equipment to the Network according to the Network settings supplied by Customer. Installation shall not include modifications to the Network, security, or firewall settings. Customer will supply a TCP/IP Ethernet network address and central processing unit per Tyco specifications for access control system operation. Tyco shall not be responsible for the setup, operation, or maintenance of the Network or Network performance or compatibility issues. Tyco may assess additional charges, if Tyco is unable to connect to the Network or if any additional Equipment is required to facilitate connectivity between the Network and the Equipment. 2. Open Source Software. Tyco represents and warrants to the end user of the System that, to the extent the System includes any Open Source Software, the internal use and operation of the System by the end user will not create any obligation on the part of the end user under the terms of any Open Source License (i) to make any source code or object code available to third parties, or (ii) to license, disclose or otherwise make available to third parties any proprietary software, data or other information, or any associated intellectual property. As used herein, the term “Open Source Software” means any software, program, module, code, library, database, driver or similar component (or portion thereof) that is royalty free, proprietary software, the use of which requires any contractual obligations by the user such as, without limitation, that software that is subject to, distributed, transmitted, licensed or otherwise made available under any of the following licenses: GNU General Public License, GNU Library or “Lesser” Public License, Berkeley Software Distribution (BSD) license (including Free BSD and BSD-style licenses), MIT license, Mozilla Public License, IBM Public License, Apache Software License, Artistic license (e.g., PERL), Sun Industry Standards Source License, Sun Community Source License (SCSL), Intel Open Source License, Apple Public Source License, or any substantially similar license, or any license that has been approved by the Open Source Initiative, Free Software Foundation or similar group (collectively, “Open Source Licenses”). K. Force Majeure. TYCO ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE SYSTEM OR ANY EQUIPMENT OR FOR THE CONSEQUENCES THEREFROM, HOWEVER CAUSED, OR FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS, FLOODS, TERRORISM, ACTS OF GOD, ACTS OF WAR, OR ANY CAUSES BEYOND THE CONTROL OF TYCO. TYCO WILL NOT BE REQUIRED TO SUPPLY SERVICE TO CUSTOMER WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE CONTINUES. IN NO EVENT WILL TYCO BE LIABLE FOR LOSS OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. L. Assignment. This Agreement is not assignable by the Customer except upon written consent of Tyco first being obtained. Tyco shall have the right to assign this Agreement or to subcontract any of its obligations under this Agreement without notice to Customer. M. License Information: AL Alabama Electronic Security Board of Licensure, 7956 Vaughn Rd., Montgomery 36116, (334) 264-9388; AK 256239, 5520 Lake Otis Pkwy., Anchorage, AK 99507; AR E0055, Regulated by Arkansas Bd. of Private Investigators & Private Security Agencies, #1 State Police Plaza Dr., Little Rock 72209, (501) 618-8600; AZ ROC109396-C12; ROC109402-L67; CA ACO4227, PPO12949, 707408; alarm company operators are licensed and regulated by the Bureau of Security & Investigative Services, Dept. of Consumer Affairs, Sacramento, CA 95814; DC 39703010; FL EF0001121, -0950, -1123, -0478, EF20000341, -0413, EG0000164; GA LVA205374, -205386, -002833, -001438, -003379, -004452, -205572, LU001160; HI C27996; IL 127-000364; MA 45-C; MI A-0639, 3601202182 – 4182 Pier North Dr. Ste. D, Flint, MI 48504; MN TS00021; NC 846-CSA-Alarm Systems Licensing Bd., 1631 Midtown Pl., Ste.104, Raleigh, 27609 (919) 875-3611; NM 056126; NV 0040091, 1338; NY 12000025576, Licensed by NYS Dept. of State; OH 16782, 50-18-1052; 50-57-1034; 53-89- 1329; 53-31-1582; 50-50-1019; 50-48-1032; 50-25-1050; 50-76-1025; OK 00067; OR 59944; PA Pennsylvania Home Improvement Contractor Registration Number: PA10083; RI AFC0126; 18004; TN ACC-216, -241, -255, -773, -173, -937, -294, -748, -511, -934, -1227; TX B00536-140 Heimer Rd. Ste. 100, San Antonio, TX 78232 – Texas Private Security Bureau, 5805 N. Lamar Blvd., Austin 78752; UT 297869-6501; VA 11-1878; 11-1879; 11-3247; 11-3635; 11-3863; Alarm Security Contracting 2701-035978A exp. 01/31; WA ECO6 ADTSESI03205, 11824 N Creek Pkwy. #105, Bothell, WA 98011; WV 014142. MS 15005633 Additional information is available at www.tycois.com or by calling 1-800-2TYCOIS. FL: EF0001121. ©2012 TYCO. All rights reserved. e-Form 8880UE00 (06/2012) Page 7 of 8 2012 Tyco. All Rights Reserved 76 of 374 COMMERCIAL SALES AGREEMENT TOWN NO. 0332-CHICAGO NORTH CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 1-TVNAFH ADDITIONAL TERMS AND CONDITIONS DATE: 5/6/2014 Tyco Integrated Security LLC (“Tyco”) Robert Brugh 2010 Swift Drive, Oak Brook, IL 60523-1545 Tele. No. (630) 458-7727 City of Evanston d/b/a: (“Customer”) Customer Billing Information 2100 Ridge, Evanston, IL 60201 Attn: Tele. No. Customer Premises Serviced 2100 Ridge, Evanston, IL 60201 Attn: Tele. No. Notwithstanding anything in the Agreement to the contrary, Tyco and Customer agree as follows: Terms and Conditions AHJ Approval. For fire alarm systems required by law, the System shown in this Agreement may be subject to approval by the local Authority Having Jurisdiction (AHJ). Any changes required by the AHJ may result in additional charges to the Customer. Point of Connection. If a connection is made to any Customer-owned equipment, (1) Customer will furnish at Customer’s own expense relays or other facilities required for the connection; (2) Tyco assumes no responsibility for the maintenance, operation, non-operation actuation, non-actuation or needless or erroneous actuation of the Customer-owned equipment; (3) if the Customer-owned equipment is not in good operating condition, Tyco may terminate any services; and (4) Tyco will not be held liable for damage or be subject to any penalty as a result of such termination. Electrical Power. Customer is responsible for providing 110V power at each device location. Multi-Location Agreement. This Agreement shall operate as a “Multi-Location Agreement” and shall govern all present and future transactions entered into by Customer and Tyco (individually, a “Party” and collectively, the “Parties”) but only for the particular Equipment and Services specified in this Agreement. The Parties may attach one or more Schedules to be incorporated into and made part of the Agreement setting forth the Customer Facilities where such Equipment or Services will be provided. Individual Customer Facilities may be added to this Agreement by the issuance of an Tyco installation order, a Customer purchase order, or such other initiating document or procedure as the Parties may mutually agree to indicate Customer’s acceptance of an Tyco proposal (collectively, an “Order”) and such transactions shall become effective when the Order is accepted by Tyco. The terms and conditions of this Agreement shall govern all such Orders and shall prevail over and supersede any terms and conditions on any Customer Order or document issued by Customer. If any equipment or services not specified herein are requested by or provided to Customer, then such equipment and services shall be provided pursuant to Tyco’s Standard Terms and Condition posted at www.tycois.com/standardtandc or a separate written Tyco Commercial Sales Agreement executed by Customer and Tyco. All other terms and conditions of the Agreement, except those expressly modified herein, shall remain in full force and effect. TYCO INTEGRATED SECURITY LLC CUSTOMER: Presented by: (Signature of Tyco Sales Representative) Sales Agent: Robert Brugh Sales Representative Registration Number (if applicable): Accepted By: (Signature of Customer’s Authorized Representative) (Name Printed) Title: Date Signed: e-Form 8880UE00 (06/2012) Page 8 of 8 2012 Tyco. All Rights Reserved 77 of 374 AMENDMENT TO TYCO COMMERCIAL SALES AGREEMENT THIS AMENDMENT TO COMMERCIAL SALES AGREEMENT (the “Amendment”), entered into this 16th day of May, 2014, by and between TYCO INTEGRATED SECURITY LLC (“TYCO”), and CITY OF EVANSTON (“Customer”) to amend, change and modify the Commercial Sales Agreement (Estimate Number 1TVNAFH) between TYCO and Customer dated May 6, 2014, (the “Agreement”). W I T N E S S E T H: Notwithstanding anything in the Agreement to the contrary, TYCO and Customer agree as follows: The Tyco Agreement, as modified by this Amendment, shall serve as the “Agreement” between Tyco and Customer and shall govern all products and services covered by the Tyco Agreement and this Amendment. 1. In Section II ("Charges and Fees"), the 6th sentence is deleted and modified as stated below: After the Initial Term, this Agreement will not automatically renew. 2. In Section II ("Charges and Fees"), the following sentences, starting at the one that states "Tyco shall have the right to increase Annual Service Charge(s) after one year…," are modified as stated below: After one (1) year, Tyco shall have the right to increase Annual Service Charge(s) by the increase in the Consumer Price Index for Urban Wage Earners (“CPI‐W”), All Items, U.S. City Average for the prior twelve (12) month period or 5%, whichever is less. For termination prior to the end of the Initial Term, Customer agrees to pay, in addition to any outstanding Fees and charges for Service(s) rendered prior to termination, 50% of the Annual Service Charge(s) remaining to be paid for the unexpired term of the Agreement as liquidated damages but not as a penalty. 3. In Section B of the “Terms and Conditions,” any references to the time period/term “90- Day” are deleted and replaced with the time period/term “1-Year.” 4. In Section B. 3 of the "Terms and Conditions," the Warranty only applies to Equipment and Services purchased under this Agreement. 5. In Section B. 3 of the "Terms and Conditions," the Warranty Period the last sentence is revised as follows: IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT 1 78 of 374 LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT. 6. The first sentence of Section E. 3 of the "Terms and Conditions" is modified as stated below: If notwithstanding the provisions of this Section E, Tyco is found liable for loss, damage or injury under any legal theory due to a failure of the Services, System or Equipment in any respect, its liability shall be limited to an aggregate sum not to exceed $69,300 over the life of this Agreement, as agreed upon damages and not as a penalty, as Customer’s sole remedy. 7. At Paragraph E of the "Terms and Conditions," add the following as sub-paragraph six (6) of Paragraph E: Section E - Clarification. TYCO will indemnify and hold the Customer, its officers, directors, agents and employees harmless from damage, liability and expense resulting directly from negligent acts or omissions and willful misconduct of TYCO’s agents, employees, or assigns, during and within the scope of employment of such persons while they are on the Customer’s premises performing installation or maintenance services, or from damage loss or injury directly caused due to defects or conditions of the equipment provided or negligence in the installation performed hereunder by TYCO (e.g., the equipment itself causes a fire to start or the equipment dislodges from a mounting and strikes a third party). Notwithstanding anything to the contrary herein, the foregoing indemnification and hold harmless obligation will not apply to any indirect damages or damage, liability or expense arising from or due to, directly or indirectly, occurrences or the consequences therefrom that the Equipment, System, or Service is intended to detect, avert or record (“Alarm Event(s)”), irrespective of cause or origin, including negligence or other fault on the part of TYCO. It is understood and agreed that third party or direct Customer claims or lawsuits arising from such Alarm Events will be governed by Section E of this Agreement. 8. At Paragraph E. 3 of the "Terms and Conditions," after the phrase “COSTS AND ATTORNEYS’ FEES”, insert the phrase: “NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE INDEMNITY IN FAVOR OF TYCO CONTAINED IN SECTION E WILL NOT APPLY TO THE EXTENT THAT CUSTOMER CAN PROVE THAT THE INJURY TO A THIRD PARTY RESULTED SOLELY AND DIRECTLY FROM NEGLIGENCE IN THE MANUFACTURE OF A PART OF THE SYSTEM, BUT NOT IN ANY PART FROM AN OCCURRENCE OR THE CONSEQUENCES THEREFROM WHICH THE SYSTEM WAS DESIGNED TO DETECT, AVERT, OR RECORD. 2 79 of 374 9. The following is added to the beginning of Section E. 3 of the "Terms and Conditions": To the extent permitted by applicable law,…. 10. The second sentence of F.2 of the "Terms and Conditions" is deleted and replaced with the following: If any action at law or equity is necessary to enforce or, interpret the terms of this Agreement, the party seeking enforcement shall bear attorneys’ fees, costs, and necessary disbursements. 11. At Paragraph H.1 of the "Terms and Conditions," the following sentence is deleted in its entirety. 1. Waiver of Jury Trial. CUSTOMER AND TYCO BOTH AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN ANY MANNER CONNECTED WITH OR RELATED TO THIS AGREEMENT 12. The following is added to Paragraph I of the "Terms and Conditions" and made a part hereof: This Agreement shall be construed in accordance with and subject to the laws and rules of the City of Evanston and the State of Illinois both as to interpretation and performance. Venue for any action arising out of or due to this Agreement shall be in Cook County, Illinois. The City as Customer shall not enter into binding arbitration to resolve any dispute related to this Agreement. The City as Customer does not waive tort immunity by entering into this Agreement.” 13. The following sentence in Section I titled “Miscellaneous” is modified as stated below: To the extent permitted by applicable law, Customer shall, at its own expense, defend, indemnify and save Tyco harmless from and against all third party claims, liability, loss or damage (including attorneys’ fees and other defense costs), assessed against or suffered by Tyco as a result of an allegation or claim of noncompliance by Customer with this Section. 14. At Paragraph L of the "Terms and Conditions," delete Paragraph L in its entirety and replace it with the following: “Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other party except that either one of the parties may assign their rights and obligations under this agreement without the approval of the other party to any of their affiliates, subsidiaries or parent companies or to an entity other than an affiliate, subsidiary or parent company that (a) acquires substantially all of the assets or stock of, merges or consolidates with or into, or acquires a controlling interest in them and (b) 3 80 of 374 expressly assumes in writing that party’s obligations and responsibilities hereunder (such assumption may occur via a general assumption of contractual obligations contained in a transaction document). Any attempted assignment that does not comply with the terms of this section will be void. Notwithstanding the foregoing, TYCO reserves the right to subcontract any of its obligations under this Agreement with notice to Customer.” 15. The following is added to the Agreement and made a part hereof: Notwithstanding anything to the contrary in the Agreement, at Customer’s request Tyco will name Customer’s Landlord, Property Manager, and/or Property Owner of the facilities in which Tyco is providing installation, maintenance, inspection or warranty services (the “Work”) to Customer as an additional insured under Tyco’s general liability and automobile insurance policies with the coverage limits shown below; provided, however, that such additional insured coverage shall be strictly limited to the extent of damages directly caused by Tyco’s negligence while on the premises performing such Work. Policy Limits: General Liability: General Aggregate $1,000,000 Products – Comp/Op Aggregate $1,000,000 Personal & ADV Injury $$1,000,000 Each Occurrence $1,000,000 Fire Damage (Any one fire) $1,000,000 Med Exp (Any one person) $10,000 Automobile Liability: Combined Single Limit $1,000,000 At all times during the performance of the Work, Tyco agrees to obtain, maintain and pay for insurance policies as set forth above (see attached Certificate of Insurance). All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rating of not less than A-VII according to the A.M. Best Company. Should any of the insurance policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the Customer. Tyco shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein. Tyco’s certificate of insurance shall contain a provision that the coverage afforded under the policy(s) will not be canceled or reduced without thirty (30) days prior written notice (hand delivered or registered mail) to the Customer. Tyco shall promptly forward new certificate(s) of insurance evidencing the coverage(s) required herein upon annual renewal of the subject policies. Tyco understands that the acceptance of Certificates of Insurance, policies, and any other documents by the Customer in no way releases Tyco and its subcontractors from the requirements set forth herein. 4 81 of 374 All other terms and conditions of the Agreement, except those expressly modified herein, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. TYCO INTEGRATED SECURITY LLC CITY OF EVANSTON (“TYCO”) (“Customer”) By: By: Title: Title: 5 82 of 374 For City Council meeting of May 27 2014 Item A4 Resolution 25-R-14, Approval of Law Enforcement Mutual Aid Agreement For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Richard Eddington, Police Chief Subject: Resolution 25-R-14 Execution of Law Enforcement Mutual Aid Agreement and the Existence and Formation of the Illinois Law Enforcement Alarm System by Intergovernmental Cooperation Date: April 17, 2014 Recommended Action: Staff recommends City Council approval of Resolution 25-R-14 authorizing the City Manager to execute the intergovernmental “Law Enforcement Mutual Aid Agreement” (“Mutual Aid Agreement”) with other municipalities and public agencies in Illinois who are members of the Illinois Law Enforcement Alarm System (“ILEAS”). Summary: Original Mutual Aid Agreement executed by the City in 2003 In February 2003 per Resolution 9-R-03, the City entered into a mutual aid agreement (“Prior Agreement”) with ILEAS. The Prior Agreement was never updated or formalized with approved by-laws. The Mutual Aid Agreement now seeks to update and outline specifics regarding the relationship that exists between the public agencies forming ILEAS and ILEAS itself. The Prior Agreement is still in effect until the City adopts and signs the pending Mutual Aid Agreement. Pending Mutual Aid Agreement and ILEAS When joining ILEAS, every city, county or special district with law enforcement capability signs the same Mutual Aid Agreement. The Mutual Aid Agreement: (1) Provides the capability to request or deploy law enforcement resources both regionally and across the State of Illinois at no cost; (2) Creates the organization called ILEAS, which coordinates mutual aid requests (i.e. disasters, or emergencies) 24 hours a day and 365 days a year; and (3) Provides a mutual understanding of liability with regard to insurance coverage and worker’s compensation. Each signatory public agency agrees to maintain liability insurance with a Best’s rated A- or better insurance company or a self-insurance trust fund in the face or indemnity amount of at least one million dollars ($1,000,000.00). That liability insurance would provide liability Memorandum 83 of 374 coverage for any activities in which the signatory public agency to the Mutual Aid Agreement might engage under that agreement. Examples of ILEAS’ statewide coordinated mutual aid responses include the historic Southern Illinois Flooding in 2011 and the tornados that struck Harrisburg in 2012 and Washington in 2013. ILEAS is a “public agency” as defined in the Illinois Intergovernmental Cooperation Act (5 ILCS 220/2), which has representative oversight and a staff based in Urbana, Illinois. ILEAS consists of a 21-member Governing Board comprised of: (1) Eight chiefs of Police and eight sheriffs elected by the member agencies based out of eight regions throughout the State; (2) Representatives from the Illinois Association of Chiefs of Police and the Illinois Sheriffs’ Association; (3) An appointee of the Director of the Illinois State Police; and (4) Two appointees from the Chicago Police Department. ILEAS is subject to the Open Meetings Act and the Freedom of Information Act. However, ILEAS is not a State agency. It is a separately-existing public agency formed by a consortium of units of local government and public agencies, which have come together by intergovernmental agreement for the mutual benefit of all signatories. ILEAS receives its funding in the form of Federal Homeland Security Grants provided to ILEAS by the Illinois Emergency Management Agency. Members pay a very low annual dues based on agency size: (1) $60 for members with 1-10 officers; (2) $120 for members with 11-40 officers; (3) $240 for members with 41-80 officers; (4) $360 for members with 81-119 officers; and (5) $480 for members with 120 or more officers. The similarities between the Prior Agreement and Mutual Aid Agreement are as follows: (1) Mutual aid requests are handled exactly the same; (2) The ILEAS Governing Board process is virtually the same; and (3) ILEAS operation will not change. ILEAS will still employ staff to manage the mutual aid requests, regional planning support, and special teams support. Some of the differences between the Prior Agreement and Mutual Aid Agreement are as follows: (1) The Mutual Aid Agreement provides a more detailed and specific process for ILEAS governance; (2) The Mutual Aid Agreement includes an amendment process so that the agreement can be kept current without completely replacing it each time an improvement is necessary; (3) The Mutual Aid Agreement establishes a more specific minimum level of insurance coverage for participating agencies; and (4) The Mutual Aid Agreement expands the definition of “Law Enforcement Personnel” to include Correctional Officers so that sheriffs can utilize ILEAS to assist each other with jail emergencies. 2 84 of 374 Legislative History: 9-R-03 Attachments: Resolution 25-R-14 Exhibit A – Law Enforcement Mutual Aid Agreement Memorandum from Police Chief Richard Eddington 3 85 of 374 4/17/14 25-R-14 A RESOLUTION Authorizing the City Manager to Execute the Law Enforcement Mutual Aid Agreement and the Existence and Formation of the Illinois Law Enforcement Alarm System by Intergovernmental Cooperation WHEREAS, the City of Evanston is a home rule unit of local government in the State of Illinois, and; WHEREAS, the City of Evanston as a home rule unit of local government in the State of Illinois, is authorized and empowered by the Constitution of the State of Illinois (Ill. Const. Art. VII, § 10) and the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) to enter into intergovernmental agreements with other units of local government/public agencies on matters of mutual concern and interest such as the provision of adequate law enforcement personnel and resources for the protection of residents and property falling within the jurisdiction of the City of Evanston, and; WHEREAS, the City of Evanston recognizes that certain natural or man- made occurrences may result in emergencies or disasters that exceed the resources, equipment and/or law enforcement personnel of a single given unit of local government/public agency, and; WHEREAS, a given unit of local government/public agency can, by entering into a mutual aid agreement for law enforcement services and resources, effectively provide a broader range and more plentiful amount of law enforcement capability for the citizenry which it serves, and; 86 of 374 25-R-14 ~ 2 ~ WHEREAS, in order to have an effective mutual aid agreement for law enforcement resources and services, the City of Evanston recognizes it must be prepared to come to the aid of other units of local government/public agencies in their respective times of need due to emergencies or disasters, and; WHEREAS, the City of Evanston recognizes the need for our specific municipality to develop an effective mutual aid agreement for law enforcement services and resources upon which it may call upon in its time of need and is prepared to enter into a mutual aid agreement for law enforcement services and resources with other like- minded units of local government/public agencies, and; WHEREAS, the City of Evanston also recognizes the need for the existence of a public agency, formed by an intergovernmental agreement between two or more units of local government/public agencies, which can serve to coordinate and facilitate the provision of law enforcement mutual aid between signatory local governmental units/public agencies to a mutual aid agreement for law enforcement services and resources, and; WHEREAS, the City of Evanston was provided with a certain “Law Enforcement Mutual Aid Agreement” which has been reviewed by the elected officials of the City of Evanston and which other local governmental units/public agencies in the State of Illinois are prepared to execute, in conjunction with the City of Evanston, in order to provide and receive law enforcement mutual aid services as set forth in the “Law Enforcement Mutual Aid Agreement,” and; WHEREAS, it is the anticipation and intention of the City of Evanston that this “Law Enforcement Mutual Aid Agreement” will be executed in counterparts as other 87 of 374 25-R-14 ~ 3 ~ local governmental units/public agencies choose to enter into the “Law Enforcement Mutual Aid Agreement” and strengthen the number of signatory local governmental units/public agencies and resources available from those units/agencies, and; WHEREAS, it is the anticipation and intent of the City of Evanston that the “Law Enforcement Mutual Aid Agreement” will continue to garner support and acceptance from other currently unidentified local governmental units/public agencies who will enter into the “Law Enforcement Mutual Aid Agreement” over time and be considered as if all signatory public agencies to the “Law Enforcement Mutual Aid Agreement” had executed the “Law Enforcement Mutual Aid Agreement” at the same time. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: This Resolution shall be known as, and may hereafter be referred to as, the Resolution Authorizing the Execution of a Law Enforcement Mutual Aid Agreement and the Existence and Formation of the Illinois Law Enforcement Alarm System by Intergovernmental Cooperation. SECTION 2: The Resolution Authorizing the Execution of a Law Enforcement Mutual Aid Agreement and the Existence and Formation of the Illinois Law Enforcement Alarm System by Intergovernmental Cooperation shall be, and hereby is, enacted as follows: a. On behalf of the City of Evanston, the City Manager is hereby authorized and directed to execute the agreement known as the “Law Enforcement Mutual Aid Agreement” and thereby enter into an intergovernmental agreement with 88 of 374 25-R-14 ~ 4 ~ such other local governmental units/public agencies of the State of Illinois as are likewise willing to enter into the “Law Enforcement Mutual Aid Agreement” and recognize the existence and formation of the Illinois Law Enforcement Alarm System as set forth in the “Law Enforcement Mutual Aid Agreement.” This Agreement shall be in substantial conformity with the document attached hereto as Exhibit A and incorporated herein by reference. b. Savings Clause. If any section, paragraph, clause or provision of this Resolution shall be held invalid, the invalidity thereof shall not affect any of the provisions of this Resolution. SECTION 3: This Resolution 25-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 89 of 374 25-R-14 ~ 5 ~ EXHIBIT A Law Enforcement Mutual Aid Agreement 90 of 374 Law Enforcement Mutual Aid Agreement This Law Enforcement Mutual Aid Agreement (LEMAA) is executed, in multiple counterparts, by the Public Agency shown on last page hereof on the date that is set forth on the last page of this LEMAA for the uses and purposes set forth herein. Whereas, the undersigned Public Agency of the State of Illinois does hereby declare that it is in the best interest of the Signatory Public Agency to make provision for law enforcement Mutual Aid in the event the undersigned Public Agency should need law enforcement Mutual Aid, and; Whereas, the undersigned Public Agency of the State of Illinois recognizes that law enforcement Mutual Aid is only effective if those Public Agencies who could potentially benefit from law enforcement Mutual Aid are willing to provide law enforcement Mutual Aid to other Public Agencies who are willing to enter into a Mutual Aid agreement such as this Mutual Aid agreement, and; Whereas, in the State of Illinois, there exist constitutional and statutory provisions enabling and supporting the formation of intergovernmental agreements on matters such as law enforcement Mutual Aid, towit, the Constitution of the State of Illinois (Ill. Const. Art. VII, § 10), the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/7- 101 et seq.) and the Illinois Municipal Code (65 ILCS 5/11-1-2.1), and; Whereas, in order to have an effective law enforcement Mutual Aid system, it is necessary and desirable to have a third party entity that can support, centralize, coordinate and organize the provision of law enforcement Mutual Aid by and among Signatory Public Agencies to the law enforcement Mutual Aid agreement, and; Whereas, this LEMAA is made in recognition of the fact that natural or man-made occurrences may result in Emergencies or Disasters that exceed the resources, equipment and/or Law Enforcement Personnel of a given Public Agency; each Public Agency which signs a copy of this LEMAA intends to aid and assist the other participating Public Agencies during an Emergency or Disaster by temporarily assigning some of the Responding Public Agency’s resources, equipment and/or law enforcement personnel to the Requesting Public Agency as circumstances permit and in accordance with the terms of this LEMAA; the specific intent of this LEMAA being to safeguard the lives, persons and property of citizens of the State of Illinois during an Emergency or Disaster by enabling other Public Agencies to provide additional resources, equipment and/or Law Enforcement Personnel as needed, and; 91 of 374 Law Enforcement Mutual Aid Agreement Page 2 of 23 ______________________________ Whereas, since approximately 2002, there has existed in the State of Illinois an Illinois Law Enforcement Alarm System law enforcement Mutual Aid agreement (“Prior Mutual Aid Agreement”) which was initially executed by a multitude of signatory parties in the wake of the events of the 911 terrorist attacks and (even though the needs of law enforcement have changed, grown and advanced in various regards) the Prior Mutual Aid Agreement has never been updated, modified or changed since its inception, it is now the desire of the Signatory Public Agency to this LEMAA to enhance and reaffirm its commitment to law enforcement Mutual Aid in the State of Illinois while providing more particularity to the relationship that exists between each of the Signatory Public Agencies to this LEMAA and the third party agency, the Illinois Law Enforcement Alarm System, created by such Signatory Public Agencies, Now, therefore, the undersigned Public Agency, does hereby enter into this LEMAA with each and every other Public Agency which signs a counterpart copy of this LEMAA and agrees and contracts as follows: 1. Definitions. The following definitions apply to this Mutual Aid Agreement (the plural version of any defined term meaning two or more instances of the defined term): a. Disaster – An occurrence, or the reasonable threat or possibility of an occurrence of, any of the following: widespread or severe damage; injury or loss of life or property resulting from any natural or technological cause, including but not limited to, fire, flood, earthquake, windstorm, tornado, hurricane, severe inclement weather, hazardous materials spill or other water or ground contamination requiring prompt action to avert danger or damage; epidemics, contaminations, blight, extended periods of severe and inclement weather, drought, infestation and critical shortages of essential products, fuels and energy; explosion; riot; significant or large scale civil insurrection or disobedience; hostile military or paramilitary action, or; acts of domestic terrorism. b. Emergency – A natural or man-made situation that threatens to cause, or causes, loss of life and/or property and exceeds the physical and/or organizational response capabilities of a unit of local, state or federal government. c. Illinois Law Enforcement Alarm System (or the abbreviation “ILEAS”) – the third party Public Agency formed by Signatory Public Agencies to this LEMAA, or continued from the Prior Mutual Aid Agreement, to promote and facilitate law enforcement Mutual Aid in the State of Illinois, and; d. Initial Governing Board – The first Governing Board of ILEAS established after two or more Public Agencies enter into this LEMAA. 92 of 374 Law Enforcement Mutual Aid Agreement Page 3 of 23 ______________________________ e. Law Enforcement Personnel – An employee of a Signatory Public Agency to this LEMAA who is a law enforcement officer, county corrections officer or court security officer, as defined in Section 2 of the Illinois Police Training Act (50 ILCS 705/2). f. LEMAA – This agreement. g. Mutual Aid – Assistance provided by a Public Agency to another Public Agency pursuant to a definite and prearranged written agreement in the event of an Emergency or Disaster. h. Prior Mutual Aid Agreement – a certain Mutual Aid Agreement having initial signatories in 2002 (with other signatory parties beginning their participation at a time later than the initial signatory parties) and which reflects a document modification date of “October 23, 2002” in the footer of the signature page (page 5). i. Prior Signatory Public Agency – A Public Agency which executed the Prior Mutual Aid Agreement and has neither terminated its participation in the Prior Mutual Aid Agreement nor entered into this LEMAA. i. Public Agency – Such units of government as are defined as a public agency by the Illinois Intergovernmental Cooperation Act (5 ILCS 220/2(1)). j. Requesting Public Agency – A Signatory Public Agency to this LEMAA that has primary jurisdiction over the site of an Emergency or Disaster which, due to its perceived insufficient resources, equipment and/or Law Enforcement Personnel, would be unable to provide an adequate response to an Emergency or Disaster without the assistance of others. k. Responding Public Agency – A Signatory Public Agency to this LEMAA that provides resources, equipment and/or Law Enforcement Personnel to a Requesting Public Agency during an Emergency or Disaster. l. Signatory Public Agency – a Public Agency that has executed this LEMAA by signature of an authorized individual for the Public Agency under the authority of the Constitution of the State of Illinois (Ill. Const. Art. VII, § 10), the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) and the final approval required of the Public Agency in order to execute the LEMAA. 2. Agreement to Participate in Law Enforcement Mutual Aid. The Signatory Public Agency to this LEMAA agrees that, in the event of an Emergency or Disaster, it will respond to requests for assistance by a Requesting Public Agency with such Law Enforcement Personnel, equipment, resources, facilities, or services as are, in the opinion of the Responding Public Agency, 93 of 374 Law Enforcement Mutual Aid Agreement Page 4 of 23 ______________________________ available and useful and being requested by a Requesting Public Agency. Possible responses shall include, but not be limited to, merely being on “stand by,” providing the benefit of prior experience or consultation and/or actual “hands-on” participation in law enforcement activities in the jurisdiction of the Requesting Public Agency any one of which may also entail the provision of equipment, resources, facilities or other services. Provided, however, that each Responding Public Agency reserves the right to refuse to render assistance or to recall any or all rendered assistance, whenever it believes that such refusal or recall is necessary to ensure adequate protection of its own jurisdiction’s property, citizenry or personnel. It is expected that requests for Mutual Aid under this Agreement will be initiated only when the needs of the Requesting Public Agency exceed its resources. Responding Public Agencies’ resources will be released and returned to their own respective jurisdictions by the Requesting Public Agency as soon as the situation is restored to the point where the Requesting Public Agency is able to satisfactorily handle the emergency or disaster with its own resources or when a Responding Public Agency decides to recall its assistance. Whenever an Emergency or Disaster is of such magnitude and consequence that it is deemed advisable by the highest-ranking officer present of the Requesting Public Agency to request assistance from a Responding Public Agency, he is hereby authorized to do so under the terms of this LEMAA. The highest-ranking officer present of the Responding Public Agency is authorized to, and shall forthwith take, the following actions: Immediately determine what type of assistance is being requested. Immediately determine if the requested resources, equipment and/or Law Enforcement Personnel can be committed to the Requesting Public Agency. Immediately dispatch, in consultation and coordination with the ILEAS dispatcher, the resources, equipment and/or Law Enforcement Personnel that are available to the Requesting Public Agency. At the Emergency or Disaster site, the highest-ranking officer of the Requesting Public Agency who is present shall assume full responsibility and command for operations at the scene. Law Enforcement Personnel from the Responding Public Agencies shall report to, and shall work under, the direction and supervision of the Requesting Public Agency. Provided, however, that at all times, the personnel of the Responding Public Agency shall remain employees of their own agency and shall adhere to the policies and procedures of their own employer. While working under the direction of the Requesting Public Agency, Law Enforcement Personnel shall only be required to respond to lawful orders. 94 of 374 Law Enforcement Mutual Aid Agreement Page 5 of 23 ______________________________ All equipment provided or services performed under this LEMAA shall be provided without reimbursement to the Responding Public Agency from the Requesting Public Agency. Nothing contained herein shall prohibit a Responding Public Agency or ILEAS from seeking reimbursement or defrayment of any expenses it may have incurred in responding to a Mutual Aid request from other sources. The Requesting Public Agency agrees to cooperate with any effort to seek reimbursement or defrayment of Mutual Aid expenses on the part of Responding Public Agencies or ILEAS. All Requesting Public Agencies, Responding Public Agencies and ILEAS are required to keep expense and accounting records to identify the costs and expenses of any Mutual Aid provided under this LEMAA. Each Responding Public Agency shall assume sole responsibility for insuring or indemnifying its own employees, as provided by state, federal law and/or local ordinance, and for providing personnel benefits, including benefits that arise due to injury or death, to their own employees as required by state or federal law just as if the employee would have been working as an employee of the Responding Public Agency in its own home jurisdiction. Each Responding Public Agency shall also be responsible, regardless of fault, for replacing or repairing any damage to its own vehicles or equipment that occurs while providing assistance under this LEMAA. The Requesting Public Agency agrees that this LEMAA shall not give rise to any liability or responsibility for the failure of any other Signatory Public Agency to respond to any request for assistance made pursuant to this LEMAA. Each Responding Public Agency under this LEMAA further agrees that each Responding Public Agency will be responsible for defending itself in any action or dispute that arises in connection with, or as the result of, this LEMAA and that each Responding Public Agency will be responsible for bearing its own costs, damages, losses, expenses and attorney fees. 3. The Illinois Law Enforcement Alarm System. By agreement by and between each Signatory Public Agency to this LEMAA, there is and was formed and exists a third party Public Agency, created by the Signatory Public Agency parties to this LEMAA and by virtue of this LEMAA, which shall be known as the Illinois Law Enforcement Alarm System (hereinafter referred to as “ILEAS”). The following provisions apply to ILEAS: a. The Public Agency ILEAS shall have a governing board, consistent with the meaning of the phrase “governing board” in 5 ILCS 220/2(1), which shall be known as the “Governing Board.” 1. Governing Board Composition and Voting. The Governing Board of ILEAS shall consist of the following individual 95 of 374 Law Enforcement Mutual Aid Agreement Page 6 of 23 ______________________________ members, described as follows: (a). Members of the Initial Governing Board – The individuals designated on Exhibit A will be members of the Initial Governing Board of ILEAS and shall serve until such time as their successors are elected or appointed, as the case may be. (b). Composition of the Governing Boards of ILEAS after the Initial Governing Board members have served their term shall be as follows, who shall serve until such time as their successors are elected or appointed, as the case may be: 16 elected members representing eight (8) established ILEAS regions – there shall be one elected Sheriff member and one elected Chief of Police member from each of the eight (8) established ILEAS regions and the elected Sheriff member and the elected Chief of Police member shall be designated as the “Co-Chairs” from that region; a permanent, non-elective Governing Board membership for the Illinois State Police Director or the Director’s designee, a permanent, non-elective Governing Board membership for the President of the Illinois Association of Chiefs of Police or that President’s designee, a permanent, non-elective Governing Board membership for the President of the Illinois Sheriff's Association or that President’s designee. two permanent, non-elective Governing Board memberships for the City of Chicago, Illinois or those persons designated by the Superintendent of Police, Chicago, Illinois. Subject to the foregoing provisions of this subparagraph (b), no Public Agency shall be permitted to designate (as a candidate for election or appointment) a Governing Board Member unless that 96 of 374 Law Enforcement Mutual Aid Agreement Page 7 of 23 ______________________________ Public Agency is a Signatory Public Agency and every Governing Board Member must be affiliated by employment with, or relation to, a Signatory Public Agency. The President of ILEAS, with the advice and consent of the Governing Board of ILEAS, may appoint any number of Ex-Officio Governing Board consultants for the benefit of obtaining their counsel and advice but such individuals, if any, as are appointed to Ex-Officio Governing Board consultant positions shall not have any voting rights on matters to be decided by the Governing Board and, relative to the Board, are not agents or servants of the Governing Board, ILEAS or any Signatory Public Agency. (c). Members of Governing Boards of ILEAS after the Initial Governing Board – For purposes of determining the elected members of the Governing Board after the Initial Governing Board, the State of Illinois shall be divided into eight (8) regions which are shown on Exhibit B hereto. Any Signatory Public Agency to this LEMAA may nominate any one or more eligible individuals from its region as a candidate for Governing Board membership, including an individual employed by the Signatory Public Agency. Only Signatory Public Agencies to this LEMAA may vote for representatives to be elected from their region. Each Signatory Public Agency to this LEMAA gets one vote for an elected Sheriff member and one vote for an elected Chief of Police member from its region. Starting in 2015, the election of Governing Board members shall occur every two years in March of the year on a date to be determined by the Governing Board members in office in the October prior to the date of the election. Should a given Governing Board member vote result in a tie between candidates, the two or more candidates with the same highest number of votes shall participate in a “coin toss” selection process to determine who shall fill that Governing Board member position. (d). In the event that an elected Governing Board member dies, retires, resigns, is no longer employed by his employer in the same capacity as at the time of his 97 of 374 Law Enforcement Mutual Aid Agreement Page 8 of 23 ______________________________ election or is otherwise unwilling or unable to serve the balance of that member’s term, then a replacement Governing Board member from the same region as the Governing Board member being replaced shall be chosen by the remaining Governing Board member from that Region and shall serve until the next Governing Board member vote. If both Governing Board members from a given Region are no longer in office at the same time, then, by majority vote of the remaining Governing Board members still holding office, two replacements shall be chosen from that same Region (in individual, separate votes) and shall serve until the next Governing Board member vote. The replacement Governing Board member shall be a Sheriff if a Sheriff is being replaced and shall be a Chief of Police if a Chief of Police is being replaced. (e) Matters before the Governing Board for decision shall be decided by majority vote of a quorum of the voting members. A quorum for the conducting of the business of the Governing Board shall be established by the Bylaws promulgated by the Governing Board. Nothing contained herein shall prohibit the establishment of committees or subcommittees of the whole for the conduct of business as expressed in the Bylaws promulgated by the Governing Board. 2. Governing Board to Promulgate a Plan of Operation. The Governing Board shall cause to be promulgated a Plan of Operation for the giving and receiving of Mutual Aid under the provisions of the LEMAA and shall promulgate Bylaws for the management of ILEAS. Both the Plan of Operation and Bylaws may be modified from time to time based upon the majority vote of the then current members of the Governing Board. 3. Governing Board Compensation. All officers, members and ex-officio members of the Governing Board shall serve without compensation. 4. Regional Governing Boards. In each of the Regions, in addition to the co-chairs for that region, there may be elected a secretary, treasurer and sergeant at arms for that Region as well as any number of ex-officio members as that Region 98 of 374 Law Enforcement Mutual Aid Agreement Page 9 of 23 ______________________________ desires. b. The Public Agency ILEAS shall have a President, Vice President, Secretary, Treasurer and Sergeant at Arms who shall be appointed by and from the Governing Board of ILEAS, at its discretion. The officers shall have the duties, responsibilities and powers accorded to them by the Bylaws of ILEAS as the Bylaws are established and may be amended from time to time by the Governing Board. c. The Public Agency ILEAS shall have an Executive Director, appointed by the Governing Board at its discretion, who shall be the chief operating officer of ILEAS and who shall have the duties, responsibilities and powers accorded to the Executive Director by the Bylaws of ILEAS as the Bylaws are established and may be amended from time to time by the Governing Board. d. The Public Agency ILEAS shall have the authority, right and power to: 1. coordinate law enforcement Mutual Aid responses by and among Signatory Public Agencies to this LEMAA and act as a central receiving point for Mutual Aid requests; 2. solicit and receive commitments from Signatory Public Agencies to respond to a Mutual Aid request and coordinate and provide support for any legal documentation necessary or desirable to effectuate the provision of law enforcement Mutual Aid; 3. maintain an electronic mutual aid database to which all Signatory Public Agencies provide information related to each respective Signatory Public Agency’s manpower, resources and equipment necessary to respond to a Mutual Aid request and to which all Signatory Public Agencies have access; 4. identify through the mutual aid database individuals from Signatory Public Agencies with the ability, training and qualifications suitable for Mutual Aid responses, together with the necessary equipment and other resources as requested by the Requesting Public Agency; 5. coordinate and provide a facility for training exercises and education; 6. solicit, obtain and administer funds for the operations and functions of ILEAS and the provision of law enforcement 99 of 374 Law Enforcement Mutual Aid Agreement Page 10 of 23 ______________________________ Mutual Aid in the form of grants, donations, endowments or allocations of funds from other governmental agencies or other sources (but not from the issuance of any debt obligations), to assess Board-approved dues on Signatory Public Agencies and to obtain reimbursement, payment, advances or funds from any governmental entity or agency which provides, allocates or administers funds to defray, pay or reimburse the expenses of those entities participating in Mutual Aid efforts; 7. provide accounting, budgeting, estimation, documentation, archival and general administrative support for law enforcement Mutual Aid deployments (actual, planned, proposed or contemplated) and the general operations of ILEAS; 8. obtain indemnity, casualty, liability and worker’s compensation insurance for the operations of ILEAS in amounts and under terms deemed appropriate by the Governing Board; 9. employ support personnel to perform the functions and operations of ILEAS; 10. enter into contracts, agreements, purchase agreements and leases necessary to the functions and operations of ILEAS; 11. provide and display identification, signage, insignias, patches or other indicia which identify ILEAS employees and agents if and when such employees and/or agents are on site to coordinate or facilitate disaster and/or emergency relief performed by various Responding Public Agencies; 12. to own, hold, supply, borrow or lend, in ILEAS’ name, such personal property as deemed necessary by the Governing Board to the purposes, functions and operations of ILEAS; 13. facilitate, enhance or enable interagency communication relative to the provision of Mutual Aid; 14. provide to Signatory Public Agencies to this LEMAA such information as is useful to them relative to what resources are available from ILEAS or other Signatory Public Agencies to this LEMAA ; 15. maintain a listing or database of available equipment, available animals and alleged independent contractor 100 of 374 Law Enforcement Mutual Aid Agreement Page 11 of 23 ______________________________ experts in various fields that would serve as a resource to ILEAS and any Signatory Public Agency to this LEMAA which listing would be made available to such Signatory Public Agencies with the understanding on the part of the requesting Signatory Public Agency that ILEAS: (a) does not represent, provide, recommend or warrant to any Signatory Public Agency the appropriateness, integrity, quality, or qualifications of any listed resource, equipment or animal for a given use (such determination to be made solely by the requesting Signatory Public Agency), and; (b) does not furnish, employ, provide, retain or have as its agent, any alleged expert whose contact information is provided to the Signatory Public Agency, such alleged expert being solely an independent contractor and, further, does not represent, recommend or warrant to any Signatory Public Agency the appropriateness, integrity, training, quality or qualifications of any alleged expert (such determinations to be made solely by the requesting Signatory Public Agency), and; (c) relative to any animal, does not represent, recommend or warrant to any Signatory Public Agency the appropriateness, training, behavioral characteristics, quality or qualifications of any animal for a given use (such determination to be made solely by the requesting Signatory Public Agency). 16. engage in such other activities as support, enhance or enable Mutual Aid by and between the Signatory Public Agencies to this LEMAA. e. It is not the function, responsibility or purpose of ILEAS to warrant or endorse the sufficiency or talents of, deploy, supply, direct, command or manage any Law Enforcement Personnel responding to Mutual Aid requests under this LEMAA. Any Law Enforcement Personnel responding to a law enforcement Mutual Aid request under this LEMAA shall be Law Enforcement Personnel of a Responding Public Agency (and not of ILEAS) and shall take their orders from commanding officers of either the requesting Public Agency or the Responding Public Agency, as otherwise detailed in this LEMAA. In general, ILEAS’ function in a Mutual Aid deployment is to receive the Mutual Aid request, identify and contact 101 of 374 Law Enforcement Mutual Aid Agreement Page 12 of 23 ______________________________ appropriate potential responding Signatory Public Agency responders, obtain commitments from such potential Signatory Public Agency responders that they will respond to the Mutual Aid request, identify those Signatory Public Agencies who will respond to the Mutual Aid request of the Requesting Public Agency, provide ILEAS’ expertise, services and experience relative to issues associated with Mutual Aid deployments and continue to monitor the adequacy of the Mutual Aid response to be able to respond if the Requesting Public Agency determines more assistance is needed and review the sufficiency of the Mutual Aid response that was made. ILEAS may, in its discretion, establish an on site presence at the Mutual Aid site when the Requesting Public Agency or the Responding Public Agencies believe such presence is useful to the purposes and functions of ILEAS and/or the Requesting Public Agency or the Responding Public Agencies. 4. Additional Signatory Public Agency Provisions a. Each Signatory Public Agency to this LEMAA agrees to maintain liability insurance with a Best’s rated A- or better insurance company or a self insurance trust fund in the face or indemnity amount of at least one million dollars ($1,000,000.00) which would provide, inter alia, liability coverage for any activities in which the Signatory Public Agency to this LEMAA might engage under this LEMAA. b. Each Signatory Public Agency to this LEMAA agrees to provide to ILEAS information about the equipment, resources and personnel of its Public Agency, jurisdictional and regional demographic information, contact information, National Incident Management Systems information and Reception Site Staging information which may be used by ILEAS to aid in ILEAS’ support role under this LEMAA. The Executive Director of ILEAS shall prepare a document, which will be amended from time to time, which requests the information desired and send it to each Signatory Public Agency for completion and update. Each Signatory Public Agency to this LEMAA agrees that ILEAS may distribute any information obtained by the Executive Director to any other Signatory Public Agency to this LEMAA who may request such information for Mutual Aid purposes. c. Each Signatory Public Agency to this LEMAA agrees that it will not hold itself out as an agent of ILEAS or any Public Agency other than itself and will instruct each of its employees that they are not to hold themselves out as employees or agents of ILEAS or any 102 of 374 Law Enforcement Mutual Aid Agreement Page 13 of 23 ______________________________ Public Agency other than the one as to which they are actually agents or employees. Further, each Signatory Public Agency to this LEMAA agrees to monitor the activities of its agents and employees to maintain compliance with this provision of the LEMAA. d. Each Signatory Public Agency to this LEMAA understands that, under the Constitution of the State of Illinois (Ill. Const. Art. VII, §10) and the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.), ILEAS may only be delegated authority, abilities and powers that the Signatory Public Agency to this LEMAA has itself. To the extent that a Signatory Public Agency to this LEMAA does not have legal authority to participate in cooperative law enforcement mutual aid, this LEMAA is void and of no effect relative to such Signatory Public Agency. e. It is the intent of each Signatory Public Agency to this LEMAA that ILEAS be created with all the powers enumerated herein and without further restrictions on those powers. Therefore, each Signatory Public Agency agrees that, if that Signatory Public Agency is determined to not have the authority or powers that are coextensive with those granted to ILEAS in this LEMAA or it is determined that the Signatory Public Agency is limited in the exercise of its authority or its powers to a greater extent than ILEAS is limited by this LEMAA, rather than limiting the powers of ILEAS, that finding will cause the Signatory Public Agency's participation in the creation of ILEAS to be void ab initio and Section 3 of this LEMAA shall not apply to such a Signatory Public Agency. Such a finding will not, however, invalidate the Signatory Public Agency's adoption of this LEMAA for purposes of providing and receiving law enforcement Mutual Aid. f. Each Signatory Public Agency to this LEMAA warrants that: 1. It is a Public Agency under the laws of the State of Illinois. 2. It is authorized by the legal process and laws applicable to that Public Agency that it has the full authority and right to enter into this LEMAA. 3. To the extent that it is called upon to provide Law Enforcement Personnel as a Responding Public Agency, the Law Enforcement Personnel the Signatory Public Agency to this LEMAA provides have been properly credentialed by the Illinois Law Enforcement Training Standards Board to be a law enforcement officer, county corrections officer or court security officer in the State of Illinois and have been trained 103 of 374 Law Enforcement Mutual Aid Agreement Page 14 of 23 ______________________________ relative to the types of tasks that the Law Enforcement Personnel will be undertaking relative to the mutual aid request. 4. To the extent that it is called upon to provide equipment as a Responding Public Agency, the equipment the Signatory Public Agency to this LEMAA provides is in good working order with no known defects, problems, faults or limitations that would make its use dangerous or impractical. 5. Termination of Participation in LEMAA a. Any Signatory Public Agency to this LEMAA has the right to terminate its participation in this LEMAA upon ninety (90) days notice to ILEAS. ILEAS shall notify remaining Signatory Public Agency parties to the LEMAA of the notice of termination. b. To the extent that a Signatory Public Agency incurs an obligation under this LEMAA prior to the expiration of the ninety (90) day notice of termination period, nothing contained in this section shall be interpreted to mean that that Signatory Public Agency should not meet its obligation under this LEMAA. Termination is automatically effective upon the expiration of the ninety (90) day period without further action by any party. 6. Non-Member Affiliates a. Definition of Status – A non-member affiliate of ILEAS is an incorporeal entity, which is not a public agency, but which has been vested with police powers by the State of Illinois, and which: 1. would be eligible to request or provide law enforcement mutual aid, and; 2. has agreed with ILEAS, under the provisions of this LEMAA, to be a non-member affiliate and abide by the provisions of this Agreement applicable to a non-member affiliates. b. Purpose of Non-Member Affiliate Status – While only Public Agencies may enter into this LEMAA and form ILEAS, there exists value to the public agencies forming ILEAS in having non-member affiliates to provide counsel, advice, experience and different points of view with respect to the problems and issues confronted and addressed by the Public Agencies which have formed ILEAS. As well, as situations sometimes call for coordination with entities with 104 of 374 Law Enforcement Mutual Aid Agreement Page 15 of 23 ______________________________ police power which are not Public Agencies, advance cooperation, planning, coordination and sharing with such entities remains valuable to the Signatory Public Agencies forming ILEAS. As well, in situations of emergency or disaster and to the extent permitted by law, law enforcement services may be provided or given by non- member affiliates under agreements approved by the Governing Board of ILEAS. c. Participation by Non-Member Affiliate – A non-member affiliate becomes or remains a non-member affiliate at the sole discretion and pleasure of the Governing Board of ILEAS. A non-member affiliate may: 1. send its law enforcement officers to participate in ILEAS- organized training and educational events upon terms and conditions determined by ILEAS; 2. have its representative agent serve, at the discretion of the President of ILEAS and with the advice and consent of the Governing Board of ILEAS, as an ex-offcio Governing Board Consultant; 3. at the discretion of ILEAS, provide advice and counsel to ILEAS relative to a mutual aid situation. 4. to the extent permitted by law: (a) and under terms and conditions to be determined by the Governing Board of ILEAS, enter into agreements permitting peace officers of a non-member affiliate to provide law enforcement services, in an emergency or disaster, to Signatory Public Agencies and utilize ILEAS coordination services. (b) and under terms and conditions to be determined by the Governing Board of ILEAS, enter into agreements permitting Signatory Public Agencies to provide law enforcement services, in an emergency or disaster, to the non-member affiliate and utilize ILEAS coordination services. A non-member affiliate, or its representative(s) may not: 1. represent to any third party or the public at large that it is a “member” of ILEAS or a Signatory Public Agency of ILEAS; 105 of 374 Law Enforcement Mutual Aid Agreement Page 16 of 23 ______________________________ 2. bind ILEAS, or any of the Signatory Public Agencies to this LEMAA, to any form of an agreement of any sort or kind; 3. disclose to any third party or the public at large: (a) the discussions to which its representatives may be privy at any Governing Board meeting, (b) any documents, strategems or other planning activities associated with the business or activities of ILEAS or its Signatory Public Agencies, (c) any information deemed by ILEAS or its Signatory Public Agencies as confidential in nature, with the presumption that, if the information was learned at any meeting or assemblage of ILEAS Directors, Officers or Signatory Party representatives, the information should be deemed confidential. A non-member affiliate shall: 1. to the extent that it participates in ILEAS events, maintain liability insurance with a Best’s rated A- or better insurance company or a self insurance trust fund in the face or indemnity amount of at least one million dollars ($1,000,000.00) which would provide, inter alia, liability coverage for any activities in which the non-member affiliate might engage. 2. advise any individual, who will be representing the non- member affiliate, of the terms and conditions of non-member affiliate status and direct that individual to act consistently with those terms and conditions. 3. to the extent determined by the Governing Board of ILEAS, pay appropriate dues for a non-member affiliate. d. Evidence of Participation as Non-Member Affiliate – Upon the endorsement of approval by the President of ILEAS’ Governing Board of an application for non-member affiliate status, the incorporeal entity applying for non-member affiliate with ILEAS shall become a non-member affiliate with ILEAS. 1. The granting of non-member affiliate status with ILEAS may be revoked at any time and for such reasons as the Governing Board sees fit in its sole discretion and choice. 106 of 374 Law Enforcement Mutual Aid Agreement Page 17 of 23 ______________________________ 2. Nothing associated with the granting of a status as a non- member affiliate shall be deemed to create a partnership, joint venture, or any other legal combination of entities, including but not limited to, any principal/agent status by or between the non-member affiliate and either ILEAS or a Signatory Public Agency. 7. Additional Provisions a. Application of Law and Venue Provisions - This LEMAA shall be governed by, and interpreted and construed under, the laws of the State of Illinois. The exclusive venue for the enforcement of the provisions of this Agreement or the construction or interpretation of this Agreement shall be in a state court in Springfield, Illinois. b. Compliance with Laws - All Signatory Public Agencies to this LEMAA agree to comply with all federal, state, county and local laws and ordinances as well as all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Signatory Public Agencies’ respective performances of the provisions of this LEMAA. c. Lack of Waiver - Acceptance of partial performance or continued performance after breach of this LEMAA shall not be construed to be a waiver of any such breach. d. Status of a Signatory Public Agency – Nothing contained within this LEMAA shall be deemed to create, or be interpreted to intend to create, a joint venture, partnership or any other sort of legal association or combination of entities as between the Signatory Public Agencies to this LEMAA or as between ILEAS and any Signatory Public Agency to this LEMAA. Each Signatory Public Agency to this LEMAA is acting in its own individual capacity and not as the agent of any other Public Agency which is created by this or any other counterpart copy of this LEMAA or which is a Signatory Public Agency to this LEMAA. e. Involuntary Termination of Participation in ILEAS – Under terms and conditions established by the Board of Governors of ILEAS, a Signatory Public Agency may have its participation in this LEMAA involuntarily terminated. The terms and conditions shall describe those situations where such involuntary termination may occur and 107 of 374 Law Enforcement Mutual Aid Agreement Page 18 of 23 ______________________________ the process to be followed to make the determination as to whether involuntary termination shall occur. f. Immunities - With respect to ILEAS and each and every Signatory Public Agency to this LEMAA, becoming a Signatory Public Agency to this LEMAA or performance under the terms of this LEMAA shall not be deemed to waive any governmental immunity or defense to which the Signatory Public Agency or ILEAS would otherwise be entitled under statute or common law in the absence of this LEMAA. g. No Third Party Beneficiary -This LEMAA is not intended nor expected to confer upon or entitle any person or entity, other than ILEAS and the Signatory Public Agencies to this LEMAA, any information, benefits, advantages, rights or remedies. It is expressly understood and agreed that enforcement of the terms and conditions of this LEMAA, and all rights of action relating to such enforcement, shall be strictly reserved to ILEAS and the Signatory Public Agencies to this LEMAA and nothing contained in this LEMAA shall give or allow any claim or right of action by any other or third person or entity (including, but not limited to, members of the general public) based on this LEMAA. It is the express intention of ILEAS and the Signatory Public Agencies to this LEMAA that any person or entity (other than ILEAS and the Signatory Public Agencies to this LEMAA) who may be deemed to receive services or benefits under this LEMAA shall be deemed to be only an incidental beneficiary to this LEMAA. h. Paragraph Headings - The captions and headings used in this LEMAA are only for convenience of reference and the organization of this LEMAA and shall not be construed as expanding, defining or limiting the terms and provisions in this LEMAA. i. Severability - If any part, term, or provision of this LEMAA is held by the courts to be invalid, unenforceable, contrary to law or in conflict with any of the laws of the State of Illinois, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties to this LEMAA shall be construed and enforced as if the LEMAA did not contain the particular part, term, or provision held to be invalid, unenforceable, contrary to law or in conflict with any law of the State of Illinois. 108 of 374 Law Enforcement Mutual Aid Agreement Page 19 of 23 ______________________________ j. Parol Evidence and Prior Mutual Aid Agreements - This LEMAA constitutes the entire agreement between the Signatory Public Agencies concerning this LEMAA’s subject matter, whether or not written, and may not be modified except as otherwise provided herein. As between Signatory Public Agencies, this LEMAA supersedes, in its entirety, the Prior Mutual Aid Agreement concerning its subject matter. As between Signatory Public Agencies to this LEMAA and Prior Signatory Public Agencies who have not executed this LEMAA, this LEMAA does not supersede the Prior Mutual Aid Agreement. Nothing contained herein shall be deemed to affect other Mutual Aid agreements that a Signatory Public Agency to this LEMAA may have executed. k. Amendments – As it may be desirable, from time to time, to amend this LEMAA, this subsection shall govern that process. In the event that one or more signatory public agencies wishes to propose an amendment to this LEMAA, such signatory public agency(ies) shall communicate the proposed amendment to the Governing Board in the form of a resolution as to which there can be a vote for the resolution or against the resolution. No resolution may come to a vote unless at least ten (10) then-current signatory public agencies (including the signatory public agency(ies) proposing the amendment) endorse their written desire to have a vote on the resolution. In not less than 30 days nor more than 180 days after receipt of the proposed amendment with the requisite minimum of ten (10) endorsements, the Board shall communicate the proposed amendment to all then-current signatory public agencies to the LEMAA together with the date and time by which the signatory public agency must cast its vote for or against the resolution. Each then-current signatory public agency is entitled to one vote. The vote of the signatory public agency should be sent to whomever is the Executive Director at the time of the cutoff for receipt of the votes and such votes may be sent by letter, fax or email but may not be communicated orally (in person or by telephone). The sender assumes all risk that the communication of the vote will not be received in time so early voting is encouraged. The cutoff date and time for the vote to be received by the Executive Director must 109 of 374 Law Enforcement Mutual Aid Agreement Page 20 of 23 ______________________________ not be sooner than fourteen 14 days after the Board has sent out its communication that an amendment has been proposed. The Executive Director shall be the sole individual to determine if the vote was received in a timely fashion in order to be counted and all votes shall be tallied within one day after the date when the voting was terminated. The resolution shall carry if the votes in favor of the amendment constitute greater than fifty percent (50%) of the total votes cast and shall fail if the votes against the amendment constitute less than or equal to fifty percent (50%) of the total votes cast. If the resolution carries, unless the resolution, by its terms, provides for a later date when it would be effective, the amendment is effective upon the determination by vote tally that the resolution carried. As soon as reasonably possible after the results of the voting have been determined, the Executive Director shall communicate the results of the voting to all then-current signatory public agencies. l. Notices - Notices concerning the withdrawal of a Signatory Public Agency from the terms and conditions of this LEMAA under Section 5 of this LEMAA shall be made to ILEAS at 1701 E. Main St., Urbana, Illinois 61802. Notice of any alleged or actual violations of the terms or conditions of this LEMAA shall be made to ILEAS at 1701 E. Main St., Urbana, Illinois 61802 and each other Signatory Public Agency to this LEMAA who is alleged to have committed the alleged or actual violation of the terms or conditions of this LEMAA. m. Counterparts - This LEMAA may be, and is anticipated to be, executed in counterparts, each of which shall be deemed to be an original of this LEMAA. Balance of this page is intentionally left blank before the signature page. 110 of 374 Law Enforcement Mutual Aid Agreement Page 21 of 23 ______________________________ In Witness Whereof, the Signatory Public Agency designated below enters into this LEMAA with all other Signatory Public Agencies who have signed or will sign this LEMAA pursuant to legal authorization granted to it under the Constitution of the State of Illinois (Ill. Const. Art. VII, § 10), the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) and the final approval required of an entity such as the undersigned Public Agency. ___________________________________ Public Agency Name By: _______________________________ Legally Authorized Agent _______________________________ Printed Name: Title: ______________________________ Date: _____________________________ State of Illinois ) ) ss County of ____________ _ ) __________________________, after being duly sworn on oath, deposes and states under penalty of perjury that he/she is the duly authorized agent for the Public Agency shown above, that he/she has read the cover letter accompanying the LEMAA in its entirety, that the entity shown above the “Public Agency Name” line, above, is a Public Agency within the meaning of 5 ILCS 220/1 et seq. and that he/she signs this document pursuant to proper authority granted by that public agency. ____________________________ Notary Public My Commission Expires: 111 of 374 Law Enforcement Mutual Aid Agreement Page 22 of 23 ______________________________ Exhibit A William Smith, Captain, Illinois State Police Wayne Gulliford, Deputy Chief, Chicago Police Dept Steve Georgas, Deputy Chief, Chicago Police Dept Eric Smith, Chief of Police, Sherman, Illinois Tom Schneider, Sheriff, Macon County, Illinois David Snyders, Sheriff, Stephenson County, Illinois Victor Moreno, Chief of Police, East Moline, Illinois Thomas Roman, Chief of Police, Waubonsee Community College Roger Scott, Sheriff, DeKalb County, Illinois Steve Neubauer, Chief of Police, Tinley Park, Illinois John Zaruba, Sheriff, DuPage County, Illinois Mike McCoy, Sheriff, Peoria County, Illinois Brian Fengel, Chief of Police, Bartonville, Illinois Don Volk, Chief of Police, Washington, Illinois Derek Hagen, Sheriff, Iroquois County, Illinois Richard Miller, Chief of Police, Granite City, Illinois Jim Vazzi, Sheriff, Montgomery County, Illinois Andrew Hires, Sheriff, Richland County, Illinois Bill Ackman, Chief of Police, Robinson. Illinois Jody O’Guinn, Chief of Police, Carbondale, Illinois Keith Brown, Sheriff, Saline County, Illinois or their respective successors per this LEMAA 112 of 374 Law Enforcement Mutual Aid Agreement Page 23 of 23 ______________________________ Exhibit B 113 of 374 114 of 374 115 of 374 116 of 374 117 of 374 118 of 374 119 of 374 For City Council meeting of May 27, 2014 Item A5 Resolution 26-R-14: Emergency Equipment MOU with the Cook County DHSEM For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Richard Eddington, Police Chief Subject: Resolution 26-R-14 Execution of Memorandum of Understanding with the Cook County Department of Homeland Security and Emergency Management for Emergency Equipment if Needed by the City of Evanston Date: April 23, 2014 Recommended Action: Staff recommends City Council adoption of Resolution 26-R-14 authorizing the City Manager to execute an Emergency Equipment Memorandum of Understanding (MOU) between the City of Evanston and the Cook County Department of Homeland Security and Emergency Management (DHSEM) to provide emergency event and disaster response assistance through the use of DHSEM emergency equipment when local resources are insufficient to meet the response needs of the City of Evanston. Summary: The City of Evanston is authorized to enter into intergovernmental agreements with other units of local government/public agencies on matters of mutual concern and interest such as the provision of adequate law enforcement personnel and resources for the protection of residents and property falling within the jurisdiction of the City of Evanston. The purpose of this Memorandum of Agreement is to provide emergency event and disaster response assistance through the use of DHSEM emergency equipment when local and regional resources are insufficient to meet the response needs of the City of Evanston. Attachments: Resolution 26-R-14 Memorandum 120 of 374 4/18/2014 26-R-14 A RESOLUTION Authorizing the City Manager to Execute an Emergency Equipment Memorandum of Understanding with the Cook County Department of Homeland Security and Emergency Management WHEREAS, the City of Evanston is a home rule unit of local government in the State of Illinois, and; WHEREAS, the City of Evanston as a home rule unit of local government in the State of Illinois, is authorized and empowered by the Constitution of the State of Illinois (Ill. Const. Art. VII, § 10) and the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) to enter into intergovernmental agreements with other units of local government/public agencies on matters of mutual concern and interest such as the provision of adequate law enforcement personnel and resources for the protection of residents and property falling within the jurisdiction of the City of Evanston, and; WHEREAS, the City of Evanston recognizes that certain emergencies or disasters may exceed the resources and equipment of a single given unit of local government/public agency, and; 121 of 374 26-R-14 ~ 2 ~ WHEREAS, the City of Evanston acknowledges that the Cook County Department of Homeland Security and Emergency Management (“DHSEM”) assists other local government entities in the event of an emergency or disaster by making equipment available to them that can assist in mitigating against, responding to, or recovering from an emergency event or disaster as efficiently and effectively as possible, and; WHEREAS, the City of Evanston requests to be able to avail itself of assistance from DHSEM when necessary by obtaining emergency equipment from DHSEM to enable the City of Evanston to better respond to an emergency event or disaster within its jurisdiction, and; WHEREAS, the purpose of this Emergency Equipment Memorandum of Understanding (“Memorandum of Understanding”) between the City of Evanston and DHSEM is to provide emergency event and disaster response assistance through the use of DHSEM emergency equipment when local and regional resources are insufficient to meet the response needs of the City of Evanston. NOW 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 execute the Memorandum of Understanding with DHSEM. This Memorandum of Understanding shall be in substantial conformity with the document attached hereto as Exhibit A and incorporated herein by reference. 122 of 374 26-R-14 ~ 3 ~ SECTION 2: That this Resolution 26-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 123 of 374 26-R-14 ~ 4 ~ EXHIBIT A Emergency Equipment Memorandum of Understanding 124 of 374 125 of 374 126 of 374 127 of 374 128 of 374 129 of 374 130 of 374 For City Council meeting of May 27, 2014 Item A6 Resolution 31-R-14: Easement Agreement with MWRD For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Resolution 31-R-14: Easement Agreement with the Metropolitan Water Reclamation District of Greater Chicago Date: May 14, 2014 Recommended Action: Staff recommends City Council approval of Resolution 31-R-14 authorizing the City Manager to execute an easement agreement with the Metropolitan Water Reclamation District of Greater Chicago. Funding Source: N/A Background: Evanston executed a similar 25-year easement agreement with the Metropolitan Water Reclamation District of Greater Chicago (District) in July 1989. The existing easement agreement will terminate on July 9, 2014. Summary: This easement allows the City to maintain and repair an existing 48-inch diameter storm sewer along Popular Avenue that discharges to the North Shore Channel. The agreement provides for an easement that is 20 feet wide by 280 feet long between the southern end of Popular Avenue and the Channel through property owned by the District. The new 25-year easement agreement would terminate on July 9, 2039. Legislative History: The original easement was approved by City Council on July 10, 1989. Attachments: Resolution 31-R-14 Memorandum 131 of 374 5/7/2014 31-R-14 A RESOLUTION Authorizing the City Manager to Execute an Easement Agreement with the Metropolitan Water Reclamation District of Greater Chicago 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 execute the Easement Agreement attached hereto as Exhibit 1 , the terms are incorporated herein by reference, with the Metropolitan Water Reclamation District of Greater Chicago, a municipal corporation organized and existing under the law of the State of Illinois, to renew a non-exclusive easement agreement for a 25-year term (the “Easement Agreement”). The Easement Agreement allows the City to continue to operate, repair and maintain a 48-inch storm sewer through the North Shore Channel Parcel 2.13 located south of the Chicago & Northwestern Railroad and east of the North Shore Channel in Evanston, Illinois . SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Easement Agreement as he may determine to be in the best interests of the City. SECTION 3: That this Resolution 31-R-14 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor 132 of 374 31-R-14 ~2~ Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 133 of 374 31-R-14 ~3~ EXHIBIT 1 Easement Agreement 134 of 374 135 of 374 136 of 374 137 of 374 138 of 374 139 of 374 140 of 374 141 of 374 142 of 374 143 of 374 144 of 374 145 of 374 146 of 374 147 of 374 148 of 374 149 of 374 150 of 374 151 of 374 152 of 374 153 of 374 154 of 374 155 of 374 156 of 374 157 of 374 For City Council meeting of May 27, 2014 Item A7 Resolution 39-R-14: Regarding Howard Hartrey TIF District Surplus For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee. From: Martin Lyons, Assistant City Manager/CFO Subject: Resolution 39-R-14, Regarding Howard Hartrey TIF District Surplus Date: May 22, 2014 Recommended Action: Staff recommends the City Council adoption of Resolution 39-R-14 declaring a surplus of $1.0M from the Howard Hartrey Tax Increment Financing (TIF) District at the end of Fiscal Year 2013. Summary: Prior to FY 2011 the City had entered into agreements with School Districts 202 and 65 for the provision of certain TIF eligible expenses. For the past two years the City has replaced this agreement through the process of declaring a surplus in the Howard Hartrey TIF in the amount of $1.0 million. As approved in 2013 Annual Budget, staff has prepared a similar resolution for a surplus distribution from the Howard Hartrey TIF. The table on the next page summarizes a sample projection of the Howard Hartrey TIF until close out in 2016. This projection includes the following major expenses projections: • The Proposed $1.0 million surplus distribution in 2014, which is currently not budgeted, and will require a budget amendment at some point during the year. • The economic development incentive currently under review for the Autobarn of $2.5 million. • A projected expense for capital improvements within the TIF in 2015 for $1.0 million • A projected expense for a final surplus distribution in the closing year of the TIF for $1,010,280 to zero out the final projected balance in the fund. Memorandum 158 of 374 Howard-Hartrey TIF (Southwest II) Debt Service Fund Summary CLOSE OUT SUMMARY Financial Summary 2013 2013 2014 2014 2015 2016 2012 Adopted Estimated Adopted Estimated Projected Projected Actual Budget Actual Budget Actual Budget Budget Revenue By Source Net Property Tax Increment 1,113,811 1,100,000 1,110,000 1,100,000 1,150,000 1,150,000 1,150,000 Interest Income 13,251 10,000 11,000 10,000 10,000 5,000 5,000 Total Revenue 1,127,062 1,110,000 1,121,000 1,110,000 1,160,000 1,155,000 1,155,000 Expenditures 1994 & 1996 Bonds (refunded by 1999 and then 2008D bonds) Principal 605,000 645,000 645,000 685,000 685,000 - - 1994 & 1996 Bonds (refunded by 1999 and then 2008 D bonds) Interest 109,603 75,611 75,611 39,088 39,088 - - Surplus Distribution 1,000,000 1,000,000 1,000,000 - 1,000,000 - 1,010,280 Capital Projects 2,170 1,400,000 150,000 500,000 141,640 1,000,000 Other Expenses 23,923 500,000 - - - - - Economic Development - - - 2,500,000 2,501,500 Operating Transfer to General Fund 141,600 144,400 144,400 144,400 144,400 148,010 151,710 Total Expenditures 1,882,296 3,765,011 2,015,011 3,868,488 4,511,628 1,148,010 1,161,990 Net Surplus (Deficit)(755,234) (2,655,011) (894,011) (2,758,488) (3,351,628) 6,990 (6,990) Beginning Fund Balance 5,000,873 4,245,639 3,351,628 3,351,628 - 6,990 Ending Fund Balance 4,245,639 3,351,628 593,140 - 6,990 (0) City of Evanston The above table includes design for the Target Intersection capital improvement of $141,640, and construction in 2015. The recommended distribution of $1.0 million will result in an estimated breakdown of revenues as noted in the table below, but is subject to final allocation by Cook County. Agency/ Taxing Body FY11 Surplus Distribution (estimated) City of Evanston $210,000 School District 65 $371,000 School District 202 $271,000 Other $148,000 TOTAL $1,000,000 As a part of this recommendation and budget amendment, staff recommends the General Fund and Debt Service Fund portions of the City distribution be utilized for continued economic development along Howard Street within the Howard Ridge TIF district. Attachments Resolution 39-R-14 Page 2 of 2 159 of 374 5/23/14 39-R-14 A RESOLUTION Deeming Certain Funds in the Special Tax Allocation Fund for the Howard Hartrey Tax Increment Redevelopment Project Area as “Surplus” Funds and Directing the Payment and Distribution Thereof (2014) by the City of Evanston, Cook County, Illinois WHEREAS, the City of Evanston, Cook County, Illinois (the “City”), is a home-rule municipality pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, pursuant to Ordinances 8-O-92, 09-O-92, and 10-O-92, adopted April 27, 1992 in connection with the Howard Hartrey Tax Increment Redevelopment Project Area (the “Redevelopment Project Area”), the City Council of the City Evanston (the “Corporate Authorities”) adopted the Howard Hartrey Tax Increment Area Redevelopment Plan and related Redevelopment Projects, designated the Redevelopment Project Area, and authorized tax increment finance pursuant to the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq., as supplemented and amended, including the predecessor Act thereof (the “TIF Act”); and WHEREAS, the City is required by Sections 11-74.4-5(d)(5)(D) and 11- 74.4-8 of the TIF Act to annually designate all funds deposited into the special tax allocation fund established pursuant to the TIF ordinances that are not identified as being required, pledged, earmarked or otherwise designated for payment of or securing of obligations or anticipated redevelopment project costs as “surplus” funds; and WHEREAS, the City must cause the distribution thereof by paying the same to the taxing districts in the Redevelopment Project Area, the Illinois Department 160 of 374 39-R-14 of Revenue, and the City, in direct proportion to the amount of funds received from the collection of real estate taxes and from the State of Illinois and deposited into such special tax allocation fund, such amount to the taxing districts in the Redevelopment Project Area to be in the same manner and proportion as the most recent distribution by the County Clerk of Cook County, Illinois to the affected taxing districts of real property taxes from real property in the Redevelopment Project Area, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Findings: The Corporate Authorities find, determine, and declare that the amount of funds deposited in the special tax allocation fund for the Redevelopment Project Area that is not required, pledged, earmarked or otherwise designated for payment of or securing of obligations or anticipated redevelopment project costs is one million dollars ($1,000,000.00), such amount having been calculated and now deemed to be “surplus” funds for the year 2013 pursuant to Sections 1-74.4-5(d) and 11-74.4-8 of the TIF Act. SECTION 2: Direction: The City Treasurer is hereby authorized and directed to cause the payment and distribution of all such “surplus” funds in the manner and proportion as specified in Sections 11-74.4-5(d) and 11-74.4-8 of the TIF Act. SECTION 3: Actions: All actions of the officers, agents, and employees of the City that are in conformity with the purposes and intent of this Resolution 39-R- 14, whether taken before or after the adoption hereof, are hereby ratified, confirmed, and adopted. 161 of 374 39-R-14 SECTION 4: Severability: If any section, paragraph, or provision of this Resolution 39-R-14 shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining portions of this resolution. SECTION 5: This Resolution 39-R-14 supersedes all resolutions or orders or parts thereof in conflict herewith, and this resolution shall be in full force and effect upon its adoption. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 162 of 374 For City Council meeting of May 27, 2014 Item A8 Ordinance 64-O-14: Alley Paving Special Assessment No 1511 For Introduction 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: Ordinance 64-O-14 Alley Paving Special Assessment No. 1511 Date: May 15, 2014 Recommended Action: Staff recommends adoption of Ordinance 64-O-14 by which City Council would authorize paving of the alley north of Leonard Place, east of Wesley Avenue through the Special Assessment Process. Funding Source: Funding for this work will be from the special assessment fund ($99,900.68 6365.65515), and the 2014 approved CIP budget for alley paving ($99,900.68). The property owners may reimburse the City for their share of the project cost in one lump- sum price, or in installments for up to 10 years plus the interest. Summary: The alley paving project was initiated by a petition from the adjacent property owners. The petition contained signatures representing 57% of the abutting property owners. The petition was accepted by the Board of Local Improvements (BLI) on September 9, 2013, to design the alley paving project. The public hearing for the project was held on May 7, 2014 to share the project design and to receive public comments. At the public hearing, the Board of Local Improvements received favorable comments in support of the alley paving. Some residents expressed their concerns for paying the special assessment cost for the alley paving project. After hearing all the comments, the Board of Local Improvements voted to continue with the special assessment process for paving the alley. The estimated total cost of paving the alley is $199,801.36 of which the City will be responsible for 50% or $$99,900.68. The property owners will be responsible for the other half of the project cost through the Memorandum 163 special assessment process. After the approval the special assessment cost schedule by the Court, the engineering staff will combine the City’s 2014 alley paving projects in one construction contract for letting and the City Council approval of the construction contract. Attachments: Ordinance 64-O-14 Recommendation of BLI Estimate of Engineer of BLI 164 5/1/2014 64-O-14 AN ORDINANCE To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1511 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS: SECTION 1: That a local improvement shall be made within the City of Evanston, County of Cook, and State of Illinois, the nature, character, locality and description of which is as follows, to-wit: That the unimproved public alley in the block bounded by Noyes Street on the north, Leonard Place on the south, Wesley Avenue on the west, and Asbury Avenue on the east, in the City of Evanston, be improved by excavating, constructing the necessary drainage system and paving with 8” Portland Cement Concrete Pavement to a width of fifteen feet (15’). SECTION 2: That the Recommendation (Exhibit A) of the Board of Local Improvements of the City of Evanston, Illinois, of this Ordinance, and the Estimate of the Cost (Exhibit B) of said improvement made by the Engineer of said Board, both attached hereto, be and the same are hereby approved and by reference thereto made a part hereof. SECTION 3: That said improvement shall be made and the cost thereof, including the sum of One Hundred Ninety-Nine Thousand Eight Hundred One and 36/100 Dollars ($199,801.36), being the cost of making and collecting the Assessment and all other expenses as provided by law, shall be paid for by 165 64-O-14 ~2~ Special Assessment in accordance with the Illinois Municipal Code, Chapter 65, Section 5/9-2-1, et seq. SECTION 4: That Ninety Nine Thousand Nine Hundred and 68/100 Dollars ($99,900.68) of the cost of said improvement shall be allocated by the City; and the remainder of the cost, Ninety Nine Thousand Nine Hundred and 68/100 Dollars ($99,900.68) will be allocated as private benefit. SECTION 5: That the aggregate amount to be assessed and each individual assessment shall be divided into ten (10) installments in the manner provided by law, and each of said installment shall bear interest at the rate of seven percent (7%) per annum from sixty (60) days after the date of the first voucher issued on account of work done upon said proposed improvement. SECTION 6: That, for the purpose of anticipating the collection of the installments of said assessment levied against the real estate benefited thereby, general obligation bonds have been issued, fifty percent (50%) of which are payable by the City, homeowners pay remaining fifty percent (50%) of which are payable out of said installments, bearing interest at the rate of seven percent (7%) per annum, payable annually and signed on behalf of the City of Evanston, Illinois, by its Mayor and attested by its City Clerk and its corporate seal affixed thereto; and each interest coupon attached to said bonds shall likewise be executed by and shall bear the official or facsimile signature of the same officers who signed said bonds and who, if facsimile signatures are used, do adopt by their execution of said bonds as and for their proper signatures their respective 166 64-O-14 ~3~ facsimile signatures appearing on said coupons; and that said bonds shall be issued in accordance with and shall be in all respects conform to the provisions of an Act of the General Assembly of the State of Illinois, knows as the “Illinois Municipal Code,” effective July 1, 1961, and the Amendments thereto. SECTION 7: That Suzette Robinson, President of the Board of Local Improvements of the City of Evanston, Illinois, be and she is hereby directed to file a Petition in the Circuit Court of Cook County, Illinois, praying that steps may be taken to levy a Special Assessment to pay the cost of said improvement in accordance with the provisions of this ordinance and in the manner prescribed by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this ordinance is severable. SECTION 10: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 167 64-O-14 ~4~ SECTION 11: 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 168 64-O-14 ~5~ Exhibit A Recommendation 169 170 64-O-14 ~6~ Exhibit B Estimate 171 172 173 For the City Council Meeting of May 27, 2014 Item A9 Ordinance 60-O-14: Amending the City’s MWEBE/LEP Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Subject: Ordinance 60-O-14 Amending the Minority, Women and Evanston Based Employer (MWEBE), and Local Employment Programs (LEP) Date: May 15, 2014 Recommended Action: The MWEBE Committee recommends 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. City staff recommends an alternative which is detailed in Attachment B. Funding Source: N/A Summary: This ordinance revision was originally presented to the Administration and Public Works Committee on April 28, 2014. A copy of that agenda item (including proposed Ordinance 60-O-14) is provided as Attachment A. At the A&PW meeting. Staff requested the Committee hold this item until further review could be done by the Public Works and Utilities Departments. Attachment A is a memo from staff summarizing the concerns regarding the change in penalties as currently requested in the April 28, 2014 report. Attachments: Attachment A – April 28, 2014 agenda Item and proposed Ordinance 60-O-14 Attachment B – Staff memo – Adjustments to 3.0% LEP Ordinance Change with Attachments Memorandum 174 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 ATTACHMENT A 2 of 30175 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 3 of 30176 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, 4 of 30177 60-O-14 ~2~ 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: 5 of 30178 60-O-14 ~3~ 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. 6 of 30179 60-O-14 ~4~ 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 7 of 30180 60-O-14 ~5~ 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. 8 of 30181 60-O-14 ~6~ 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 9 of 30182 60-O-14 ~7~ 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. 10 of 30183 60-O-14 ~8~ 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: 11 of 30184 60-O-14 ~9~ 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 12 of 30185 60-O-14 ~10~ 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 13 of 30186 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 14 of 30187 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 15 of 30188 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 16 of 30189 To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Subject: MWEBE/Local Employment Program Ordinance Change Date: May 27, 2014 It is recommended that the City Council consider amending the recommendation of the MWEBE Committee to change the penalty for non compliance with the City’s Local Employment Program (LEP). Staff is recommending: 1) that the penalty be changed to 1% of the cost of any eligible project through December 31, 2015; 2) that staff be directed to work with the MWEBE Committee to convene a meeting of local contractors who have worked on City of Evanston projects to discuss ways to increase hiring of Evanston residents on contracts subject to LEP; 3) staff be directed to do additional research on impacts of similar programs in other jurisdictions; and 4) staff be directed to report back to MWEBE Committee and City Council to report on impacts of penalty change by October 1, 2015. Public Works and Utilities staff has met with Purchasing staff to share their concerns regarding the proposed changes to the Local Employment Program (LEP). After reviewing the research done by Purchasing staff and previously presented to the MWEBE Committee, staff remains concerned about the unknowns of the impact of the 3% penalty for not meeting LEP goals. I am also concerned reviewing the minutes of the discussions held by the MWEBE Committee in March and April, 2014 on this subject. The Committee initially recommended a 1% penalty in March and then rescinded its recommendation and approved a 3% penalty in April. Minutes from the two committee meetings are attached for information. Listing of LEP Projects in 2013 also attached. The discussion of the change in penalty for non-compliance with LEP has led to additional discussions about the overall effectiveness of the program. A bid from recent days is a good example: The 50/50 sidewalk program for 2014 has a budget of $250,000 and received two bids this year. Schroeder and Schroeder Inc. bid $352,575, but have requested an LEP waiver. S&S have not requested an MWEBE waiver. A- Lamp Concrete Contractors bid is $515,425, and has no waiver request for LEP, but is requesting an 11% waiver of the 25% MWEBE goal. Memorandum ATTACHMENT B 17 of 30190 This in effect means that S & S is using more of their expenses on concrete from Ozinga (about $80,000) to meet MWEBE, and has much less budgeted for labor cost. A-Lamp on the other hand, has only $50,000 from Ozinga for concrete and $20,000 to a trucking company as a subcontractor. Given that they have a total budget that is $163,000 more than S&S, we can assume that some of this expense is for labor. We cannot confirm that it is specifically for LEP, but it would be logical. The structure of the LEP that make it difficult for contractors to comply, and limit the programs ability to actually provide long term employment for Evanston residents as follows: • Smaller contracts, especially those below $500,000 with labor at amounts below this number are usually performed by small crews that move from project to project. The crew works together for at least the entire construction season or maybe longer. As such, inserting an LEP employee requires the firm to either layoff a present crew member or add a completely unneeded/untrained additional staff member. Neither event is efficient to the ongoing operations of the given firm, adding directly to the cost of the bid, or the long term costs of the firm. • Contractors are more likely to then rehire their previous, longer term employee back for the next job outside of Evanston, thereby eliminating the chance for continued employment of the Evanston resident. • The hiring process, including background checks, drug tests, physicals, etc. are a considerable administrative burden and expense for an employee that may only work for the firm for 4 to 8 weeks. However, the firm must incur these expenses to abide by their own HR rules and liability insurance requirements. Both the Public Works and the Utilities Departments operate as construction companies themselves for many projects each year, and value the role of skilled tradesman in the Evanston community. As such, both departments also currently participate in apprenticeship opportunities for Evanston residents to learn the construction and maintenance activities performed by Evanston staff each year. They further recommend: • Expanding the City training and apprenticeship programs to develop a more fully qualified employee list from which contractors may pick to fulfill their LEP requirements. • Using City resources to also provide drug testing and skill testing for the active LEP employee list. This will reduce the burden on the contractor and help increase compliance. Staff believes that further standards/requirements should be also considered. The current system that relies on an “honor system” in completing skills information sheet is not effective in providing contractors with quality personnel in a short time. Potential changes could include: • Providing similar penalties to employees as employers in the program such as being excluded from participation for three years (instead of the five years in the current proposal) for violating performance standards 18 of 30191 o Contractors that fail to hire Evanston residents in compliance of the program can be excluded from bids for three years.. o Evanston LEP employees that fail to perform adequately on the job, or fail a skill or drug test can be excluded from the program for three years. o Use past 3 years of work performance on City jobs as criteria for LEP • Allowing a waiver to contractors in the event of poor work performance on the job by the LEP employee. • Asking contractors to show their firing process to ensure LEP employee is given a proper chance to succeed in the position. • Request contractor provide an evaluation of LEP employee. • Require driver’s license, proof of safe driving record and CDL drug test record if available as a part of qualification guidelines. Compliance operations at the current rate have been active for less than a year. The increase of the penalty provision to 1% provides for a scalable penalty that will increase the penalty to large contracts and act as a deterrent that prevents contractors to simply decide to “pay the fine”. The 1% format would increase the current penalty by approximately three times the current level per the April 28, 2014 report. This combined with a three year, instead of five year ban of contractors that fail to comply with the LEP should provide additional incentives for compliance. This new structure can be evaluated through the remainder of the 2014 and 2015. Staff is recommending that the City meet with local contractors to discuss these issues more completely and get their feedback on how best to meet the City’s local employment goals. In addition, further research is needed to better learn from other jurisdictions who have similar local employment policy goals. This research would also be brought back to City Council next year. Staff is also recommending that the 1% penalty be in effect through the 2014/15 construction season to assess the impacts of the change and then allow the City Council to determine if form of penalty is appropriate on a going forward basis beyond 2015. These changes combined with the continued improvement in the City’s LEP employee list from both a quantity and quality basis, will drive higher levels of compliance and subsequently higher levels of employment through the LEP program. Attachments: March 19. 2014 MWEBE Committee Minutes April 16, 2014 MWEBE Committee Minutes Listing of 2013 LEP Projects 19 of 30192 MINORITY, WOMEN & EVANSTON BUSINESS ENTERPRISE (M/W/EBE) DEVELOPMENT COMMITTEE Wednesday, March 19, 2014 6:30 P.M. Lorraine H. Morton Civic Center, 2100 Ridge Ave, Aldermanic Library MEMBERS PRESENT: Ald. Braithwaite, Ald. Tendam, Donna Su, Kathyleen Brooks, Carl Bova, Stephen Boyd, Schona Buranda, Bill Smith MEMBERS ABSENT: Jim Davis, Sandy Byrnes STAFF PRESENT: Assistant City Manager Marty Lyons, Purchasing Manager Tammi Turner, Compliance Officer Sharon Johnson, Finance Manager Louis Gergits, Janella Hardin, Administrative Secretary OTHERS PRESENT: Paul Mark Wallace PRESIDING MEMBER: Ald. Braithwaite ______________________________________________________________________________ Declaration of a Quorum With a quorum present, Chair Braithwaite called the meeting to order at 6:39pm. Approval of Minutes Motion to approve the Minutes from February 19, 2014 made by Bill Smith and seconded by Carl Bova. Unfinished Business A. Report to Council – April 28, 2014 Ald. Braithwaite explained that every special committee presents an update to the City Council. MWEBE topics for the presentation: Communicate better expectations to contractors participating in the LEP program; improve LEP compliance; Provide a comprehensive fine schedule and earmark penalty fund back into the LEP program $20k and Under Report Discussion of LEP Program and propose ordinance revision Response to referral item to remove the 5% threshold made by Ald. Rainey The Committee will attend Council at 7:15pm 20 of 30193 Staff Reports A. 20k Procurement Report Update Purchasing Manager Tammi Turner presented the Preliminary Report of Under $20,000 Purchases for FY 2011-2012-2013. She highlighted purchases made to M/W/EBE business for a total of $2,282,373 or 15.55% of the City’s total spending for 2013. The breakdown is as follows: EBE Total $1,994,279 (13.58%); MBE Total $93,438 (0.64%); WBE Total $194,656 (1.33%). She also presented the MWEBE Under $20k Spend for selected categories. At Ald. Braithwaite inquiry, Purchasing Manager Turner explained that the janitorial/building and maintenance total represents contracted services for all facilities (Civic Center, Community Centers, Library, Police and Fire). Several City facilities have building automation system (BAS) contracts for HVAC, as well as the overall janitorial contract that comprises a large portion of the general purchases amount. Purchasing Manager Turner provided a printing breakdown of advertisement/copy/books for 2013. The total amount for printing was $115,901.80. This total includes Parks and Recreations summer programs catalogues, envelopes, stationary throughout the City and Library books. More than 40% ($46,489.55) of our printing was done locally, while other very specialized projects were outsourced to different companies outside of Evanston. Finance Manager Gergits confirmed that the total $1,597,507 general purchases in the Janitorial/Building & Maintenance category includes both service and non-service contracts. Assistant City Manager Lyons added that this category represents payments made to vendors, not total contract amounts. A breakdown by vendor will be presented to the committee for review. Purchasing Manager Turner distributed a listing of all 2014 Capital Projects as requested by Ald. Braithwaite. The total amount of capital projects is $40,768,302. Assistant City Manager Lyons explained that double entries for the same project indicate a difference in funding source. Ald. Braithwaite stated that one of the questions that came out of the Procurement 101 workshop was regarding $20k and under opportunities with the City. He asked the committee how we make local businesses more visible to City staff for available $20k and under opportunities. Ms. Su suggested establishing a directory of local businesses by category. Assistant City Manager Lyons explained that City staff is aware of the requirement to get 3 quotes (including 1 Evanston-based business, if available) for purchases. As discussed after the Procurement 101 event, staff aims to distribute information regarding bids and upcoming purchases to businesses listed in the directory. At Ms. Su’s inquiry, Assistant City Manager Lyons explained that Economic Development meets with new businesses to welcome them to the City. He suggested doing a joint meeting to discuss outreach and business retention development. 21 of 30194 B. MWEBE Tracking Report Compliance Officer Sharon Johnson presented the M/W/EBE (Minority (M), Woman (W), and Evanston-based enterprises (EBE) tracking report update, which includes the goal compliant and waiver list through March 24, 2014. The MWEBE goal for contractor participation is 25%. One of the contract stipulations, along with the MWEBE status, requires entities that conduct business with the city to be LEP (Local Employment Program) eligible. LEP eligibility states that a business must hire at least one Evanston resident to complete a minimum of 15% of the total project labor hours on a contract over $250,000. Compliance Officer Johnson referenced two new additions to the list: a) Infrastructure Engineering, Inc. with a contract for $297,950.00 will receive 100% MWEBE participation credit for being a minority business enterprise; b) Chicagoland Paving is not LEP eligible due to state regulations – IDOT; however 25% of their subcontracting opportunities are filled by minority businesses. Compliance Officer Johnson also discussed the February goal waiver list. There were a total of four waivers granted, three to the Utilities Department and one to Public Work/Forestry, for a total of $1,708,011.55. At Ald. Braithwaite’s inquiry, Compliance Officer Johnson explained that waivers are granted based on confirmation of unavailable subcontracting opportunities. State-funded opportunities are vetted by state officials. In other cases, she will review the large contracts to determine if there are any opportunities for subcontractors. At Mr. Smith’s inquiry, Assistant City Manager Lyons confirmed that Chicagoland Paving is not subject to the LEP ordinance because state regulations preclude local regulations. Compliance Officer Johnson noted there are two companies on the MWEBE watch list: a) F.E. Moran has not yet returned their waiver for their 2013 HVAC project at the Police Department. Their final payment is being held until they are in compliance. If they are non- responsive, their fine will be calculated by estimating the number of days of non- compliance in the $268,000 total bid amount; b) The total bid amount for Elanar Construction is $255,000. Elanar switched their subcontractor during the course of the project. Compliance Officer Johnson is still awaiting the final payroll. Mr. Smith was concerned that the current ordinance reads does not address contractors that blatantly disregard the LEP requirements and breach the contract. Assistant City Manager Lyons responded that penalties must be clearly stated. He will take this issue to Legal for review. Mr. Wallace asked how contractors are monitored. Compliance Officer Johnson explained that she checks the payrolls regularly as well as performs unannounced site visits to the facility. Contractors should also submit documentation confirming LEP compliance such as 22 of 30195 names and numbers of residents they have contacted for projects, any advertisements of positions and results of those contacts. Ald. Braithwaite asked if there is a centralized place, other than the website, where residents and contractors can go to find out about LEP eligible projects. He also asked where businesses are advertising for LEP positions. Assistant City Manager Lyons replied that the departments will be asked to review the capital projects list and estimate the labor, potential for LEP and subcontracting for each project over $250,000. At Mr. Boyd’s inquiry, Assistant City Manager Lyons confirmed that LEP eligibility states that a business must hire at least one Evanston resident to complete a minimum of 15% of the total project labor hours on a contract over $250,000. C. LEP Penalty Follow up Compliance Officer Johnson gave an update of the Tacoma, WA Local Employment Apprentice Program (LEAP) annual collection amount. Tacoma collects approximately $15,000-$20,000 per year with a total estimated collection for 2012 of $12,000. The compliance rate is much higher than Evanston’s. Tacoma’s IT department generates an in-house custom Access database report that captures the names, addresses hours and pay rate of residents participating in projects. Ald. Braithwaite explained that the recommendation to Council will include a penalty equal to 1% of the total bid amount instead of the flat fee of $100 per day. Assistant City Manager Lyons confirmed that Legal will review the proposed ordinance change: “Failure to comply may/will result in a total fine up to 1% of the bid amount.” Ald. Braithwaite asked if there are any requirements for a contractor to advertise a position prior to beginning a project. Compliance Officer Johnson confirms that once the contract is awarded she meets with the contractor to explain the LEP program requirement in detail and offers help with finding a suitable candidate. If the contractor already has a candidate she asks to meet with them. Ald. Braithwaite asked Compliance Officer Johnson to request the position job description for advertisement. If there is a suitable candidate pool, we will provide it to the contractor for review. Assistant City Manager Lyons suggested revising the bid documents to include: a) Detail of the position that will be a part of the project requirement; b) Required to bring their LEP candidate to the pre-construction meeting. The LEP Meeting will start at 6pm on March 20, 2014. The goal of this meeting is to collect their information to create an up-to-date qualified labor force list. Compliance Officer Johnson passed around a sample packet that will be distributed to attendees. It includes the LEP application, flyers for the March 29 th Open Call meeting, union contacts and community resources. Candidates will be advised to call the Purchasing Department to find out about upcoming bids and projects. 23 of 30196 Compliance Officer Johnson explained that the LEP meeting is directed toward union and non-union laborers. The Open Call meeting sponsored by Northwestern is for workers of all skill levels. Compliance Officer Johnson confirmed that the March 29 th Open Call meeting will be held in the Parasol Room with overflow directed to a room on the 2nd floor. This meeting will host lightly skilled, apprentice-ready, union and non-union workers for Northwestern University construction projects Ald. Braithwaite noted that the $9,000 Bolder fine can be used to provide a basic OSHA qualification workshop for LEP candidates. He suggested discussing other uses for penalty funds. New Business No new business. Adjournment Motion to adjourn made by Carl Bova and seconded by Ald. Tendam. Meeting adjourned at 8:11 pm. Respectfully Submitted, Janella Hardin, PHR 24 of 30197 MINORITY, WOMEN & EVANSTON BUSINESS ENTERPRISE (M/W/EBE) DEVELOPMENT COMMITTEE Wednesday, April 16, 2014 6:30 P.M. Lorraine H. Morton Civic Center, 2100 Ridge Ave, Aldermanic Library MEMBERS PRESENT: Ald. Braithwaite, Ald. Tendam, Donna Su, Carl Bova, Stephen Boyd, Bill Smith, Sandy Byrnes MEMBERS ABSENT: Jim Davis, Schona Buranda, Kathyleen Brooks STAFF PRESENT: Assistant City Manager Marty Lyons, Purchasing Manager Tammi Turner, Compliance Officer Sharon Johnson, Janella Hardin, Administrative Secretary OTHERS PRESENT: Paul Mark Wallace PRESIDING MEMBER: Ald. Braithwaite ______________________________________________________________________________ Declaration of a Quorum With a quorum present, Chair Braithwaite called the meeting to order at 6:34pm. Approval of Minutes Motion to approve the Minutes from March 19, 2014 made by Ald. Tendam and seconded by Bill Smith. Unfinished Business A. MWEBE Committee Presentation to Council – April 28, 2014 Ald. Braithwaite explained that the committee will present the report at the Administrative and Public Works (A&PW) meeting on April 28, 2014 at 6pm. MWEBE topics for the presentation: Response to Ald. Rainey’s inquiry of whether the 5% local vendor preference is appropriate when the contract is large – Assistant City Manager Lyons will add the response to the A&PW cover memo communicating the correspondence to the change in the LEP. Ald. Braithwaite confirmed the committee unanimously agreed not to remove the 5% preference. Assistant City Manager Lyons walked through the revisions in the ordinance: 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 1.0% of the 25 of 30198 approved project price in total. Contractors or subcontractors that are out of compliance due to a resident termination or resignation, shall immediately notify the business 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 coordinator of this occurrence, the offending party will also be subject to a penalty up to 1.0% of the approved project price. If the noncompliant contractor makes a good faith effort to replace the resident, the fine may be waived. At the sole discretion of the City, a contractor or subcontractor that has violated the terms of the Local Employment Program 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. Ald. Braithwaite stated that he remembers voting on this item, but inquired if this ordinance has not gone out. Assistant City Manager Lyons responded that it has not. Ald. Braithwaite made a recommendation to go from 1% to 3%. He asked Compliance Officer Johnson if there is a penalty projection up to 3%. She explained that in the past she has presented a projection from 1% to 5%. Included on the 2013 LEP Violators List is a projection for 1% to 3%. Ald. Braithwaite confirmed that the committee voted and approved the 1% penalty. However, he spoke to members of the committee individually about changing it to 3%. If there is push back from Council, 1% would still be approved. Mr. Boyd asked if Ald. Braithwaite wanted to lock the penalty in at 3%. Ald. Braithwaite confirmed the penalty would be up to 3%. Assistant City Manager Lyons stated that Corporation Counsel will determine if the language reads up to 3% or not to exceed 3%. To solidify the recommendation, Ald. Braithwaite asked for a motion. Mr. Boyd asked if this is a new motion or an amendment. Ald. Braithwaite confirmed that this is a new motion. Mr. Smith inquired about the breach of contract clause from the previous ordinance discussed last meeting. He asked if the 3% trumps the material breach language or if the penalty can go beyond the 3%. Assistant City Manager Lyons will work with Legal to tie the 3% to the material breach language. Purchasing Manager Turner will e-mail the revised ordinance to the committee on Monday. Mr. Smith was concerned that the language in Section 6 required the City provide the name of a union or non-union person to fulfill the LEP requirement. Assistant City Manager Lyons recommended changing the language to s tate “as an option the City may provide a name, but ultimately the contractor is responsible.” 26 of 30199 Mr. Bova was also concerned about the language regarding “qualifications defined by the contractor.” Ms. Byrnes suggested changing the language to read “the B usiness Development Coordinator, to the best of her ability, will therefore designate.” Ald. Braithwaite recommended asking the contractor to identify the position they plan to advertise for at the pre-construction meeting. He discussed some points from the LEP Meeting in March. What skills and qualifications are the contractors are looking for? How can we communicate those needs to the LEP candidates? Assistant City Manager Lyons proposed revising Section 9 to read “At its discretion, the Business Develop ment Coordinator or his or her designee may require the contractor to attend a post-award meeting to familiarize the contractor with the local employment program requirements and to identify the individual by name and position, if available.” Mr. Boyd inquired if the position is required to be a union position. Assistant City Manager is not aware of a union requirement. However, the City’s position is to use prevailing wage information. The union hall was used as a skill screener. Donna Su recommended revising Section 10 (to be consistent with Section 6) to read “immediately notify the Business Development Coordinator of this occurrence within three (3) business days.” Assistant City Manager Lyons proposed changing the title of Section 6 to Local Resident Selection. Other possible revisions: “The failure of the Business Development Coordinator to provide a local Evanston resident does not relieve the contractor from the LEP requirements. Provision of a local Evanston resident is the responsibility of the contractor.” Mr. Smith recommended applying the language to non -union as well on the next page. Ald. Braithwaite asked that Local Employment Program be capitalized throughout the ordinance. Mr. Boyd felt if contractors are required to post their available positions in the local paper it would be a way to broaden our reach to those unaware of the LEP program. Assistant City Manager Lyons explained that it is an operational procedure included in the bid specs, however it is not required in the ordinance. Once the language is revised, the ordinance will be e-mailed to the committee for review. Ald. Braithwaite asked for clarification about home offices as it relates to Evanston- owned business enterprises (EBE). 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). Assistant City Manager explained that the “commercially useful function” applies to non-profit organizations. Post office boxes are unacceptable. Ald. Braithwaite asked if a homeowner could run a business from their home. Example: An Evanston resident has 27 of 30200 office space in Chicago, but works from his home. Could this business be considered an EBE or does it have to be registered in Evanston? Assistant City Manager Lyons stated that the primary business location must be in Evanston. He will confirm with Legal. Ald. Braithwaite requested a motion to approve all changes. Motion made by Mr. Boyd and seconded by Ald. Tendam. Staff Reports A. MWEBE Tracking Report Compliance Officer Johnson presented the 2014 MWEBE Goal Compliant Waiver Report. A new LEP eligible addition to the list from last month is the Arrington Lakefront Lagoon Renovation awarded to Clauss Brothers, Inc. The total bid amount is $1,387,525.00. She informed the prime contractor that he has until May 7 th to show evidence of compliance. Compliance Officer Johnson has received a position description from the contractor for inclusion in the newsletter. She will also be informed of weekly meetings with the Project Manager in order to monitor the performance of the project. Infrastructure Engineering, Inc. is not LEP eligible because it is an Illinois Department of Transportation funded project. There is one correction to Bid 14-15: “Public Tree Inventory” should read “Dutch Elm Disease Control Inventory.” B. LEP Follow-Up Penalty Compliance Officer Johnson reviewed the 2013 LEP Violators List Status as of April 2014. The report contains the name of the contractor and bid number, total bid amount, sliding penalty scale from 1-3%, total amount of penalty days determined, amount of actual penalty issued and status of penalty collection. The total penalty amount issued for 2013 was $20,600.00, with $6,600.00 not collected yet. Chicagoland Paving (subcontractor for Bolder Contractors) partially complied with the LEP. An update will be presented upon receipt of the November payroll. F. E. Moran did not submit the paperwork for a waiver. Upon receipt of the payroll a penalty will be assessed. The 2013 LEP Violators List will be included in the report to Council. At Mr. Bova’s inquiry, Compliance Officer Johnson explained that to determine the total number of penalty days a desk audit is completed. The week ending, total days worked in the week, total hours for the week plus overtime, total number of workers on site, dates worked and total number of hours worked by each worker are examined three times. The ordinance will go into effect at the time it passes Council, not retroactively. C. LEP Meet and Greet and Workforce Development Open-Call Updates 28 of 30201 Ald. Braithwaite thanked staff for coordinating the event. Mr. Boyd thought it was a very informative meeting. The MWEBE Newsletter was created from this meeting. Compliance Officer Johnson passed around a sample newsletter. The Northwestern University Open Call meeting was a success. 110 people attended over a 3 hour period. Compliance Officer Johnson passed around a map of the LEP candidates by ward for review. New Business Purchasing Manager Turner requested addresses of committee members for the financial disclosure form. Adjournment Motion to adjourn made by Bill Smith. Meeting adjourned at 8:02pm. Respectfully Submitted, Janella Hardin, PHR 29 of 30202 2013 LEP TRACKING LIST LEP Eligible Projects - 2013 Bid No Contractor Total Bid LEP Status Fine Assessed 12-153 INSITUFORM****$596,615.20 LEP Non-compliant - 13-09 SAK CONSTRUCTION $293,723.00 LEP Non-compliant $2,000.00 13-17 QUALITY RESTORATION*$274,100.00 LEP Non-compliant $2,500.00 13-36 BOLDER CONSTRUCTION $2,648,200.00 LEP Non-compliant $9,000.00 13-37 CHICAGOLAND PAVING**$419,900.00 LEP Non-compliant - 13-50 CHICAGOLAND PAVING**$2,299,905.00 LEP Non-compliant - 13-39 ELANAR CONTRUCTION $255,400.00 LEP Non-compliant $4,100.00 13-48 F.E. MORAN***$268,000.00 LEP Non-compliant - 13-04 WATER RESOURCES $2,277,317.00 LEP Compliant 13-02 G.A. JOHNSON & SON $1,073,660.00 LEP Compliant 13-40 GLENBROOK EXCAVATION $1,998,898.26 LEP Compliant 13-45 A. LAMP CONCRETE CONTRACTORS $1,568,320.50 LEP Compliant 13-49 A. LAMP CONCRETE CONTRACTORS $968,396.00 LEP Compliant 13-50 CHICAGOLAND PAVING $2,299,905.65 LEP Compliant 13-53 SCHROEDER & SCHROEDER $497,590.00 LEP Waived TOTAL $17,600.00 * Pending for Legal **Certified payrolls under review ***No LEP waiver to show due diligence **** No penalty for Insituform (Bid 12-153) for partial compliance 30 of 30203 For City Council meeting of May 27, 2014 Item A10 Ordinance 42-O-14: Amending P-1 Liquor License and Creating P-2 License For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Approval of Ordinance 42-O-14, Amending Class P-1 Liquor License, Creating Class P-2 Liquor License Date: May 27, 2014 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 42-O-14. This ordinance was introduced at the May 12, 2014 City Council meeting with additional sampling restrictions. Summary: The City of Evanston’s (“City”) 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. Recognizing the different business models, a new subsection, Class P-2, was created to classify larger craft breweries selling beer at retail. Legislative History: The Local Liquor Control Board (“LLCB”) discussed the issues regarding food service in craft brewery taprooms at several meetings. At a recent meeting, the Mayor and the Board directed staff to develop a bifurcated approach to regulating food service at P-1 establishments. This approach speaks to the distinct business models, one which is limited to product sampling, versus one which provides product sale. The LLCB’s jurisdiction does not extend to zoning matters under the City Code. This ordinance was introduced on April 8, 2014, and held in the AP&W Committee. Following that meeting, subsequent conversations with current license holder Temperance, and prospective license holder Sketchbook, indicated the advisability of dividing the craft brewery license into distinct subsections based upon food service options and retail sales volume at each licensed premise. Memorandum 204 of 374 On May 12, 2014, the Committee approved amending the P-1 license classification to restrict sampling to 3 samples of 2 oz. per sample, per person, per day. The Ordinance reflects this amendment. ------------------------------------------------------------------------------------- Attachment: Ordinance 42-O-14 205 of 374 4/29/2014 3/20/2014 42-O-14 AN ORDINANCE Amending Subsection 3-4-6-(P-1) and Creating Subsection 3-4-6(P-2) Regarding Food Service and Product Consumption in Craft Brewery Taprooms NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(P-1) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (P-1) CRAFT BREWERY license shall authorize the on-site production and storage of craft beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or 30,000 barrels) per year and the sale of such beer for consumption off-premises. It also authorizes on-site sampling consumption of such beer by persons of at least twenty-one (21) years of age. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-1 licensee to sell a container of beer for off-premises consumption unless the volume of the container is equal to or greater than thirty-two (32) ounces or 0.94 liters. 2. Class P-1 licensees may during authorized hours of business, offer for on- site consumption samples of beer permitted to be produced and sold pursuant to this classification. Licensees who limit activity to sampling only, as specified herein, shall provide limited food service such as cheese, crackers, snack food or other similar deli-style items to customers who are sampling craft beer. 3. Class P-1 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. All persons who sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class P-1 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to sampling for on-site consumption. The 206 of 374 42-O-14 ~2~ licensee is strictly liable for complying with all provisions regarding food service. Craft beer product samples for on-site consumption shall be dispensed only in containers provided by the licensee. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the craft beer offered for sampling. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two (2) fluid ounces, to any person in a day. 4. It shall be unlawful for the holder of a Class P-1 license to provide a sample of or sell any beer between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-1 licensee must have a valid Class 3 Brewer's License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of beer manufactured on the premises and the total gallonage of beer manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-1 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than one (1) such license shall be in force at any one (1) time. SECTION 2: The Evanston City Code of 2012, as amended, is hereby further amended to include the new Subsection 3-4-6(P-2), to read as follows: (P-2) CRAFT BREWERY license shall authorize the on-site production and storage of craft beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or 30,000 barrels) per year and the sale of such beer for consumption 207 of 374 42-O-14 ~3~ off-premises. It also authorizes on-site sampling and retail sale for consumption of such beer by persons of at least twenty-one (21) years of age. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-2 licensee to sell a container of beer for off-premises consumption unless the volume of the container is equal to or greater than thirty-two (32) ounces or 0.94 liters. 2. Class P-2 licensees may during authorized hours of business offer for on- site consumption samples of beer, or beer for retail sale, the beer permitted to be produced and sold pursuant to this classification. Licensees who offer servings of beer for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a craft beer serving(s). Licensees may arrange for the presence and operation of a mobile food vehicle on or adjacent to the licensed premises during authorized hours of business to serve food to customers. Only mobile food vehicle vendors licensed pursuant to Title 8, Chapter 23 of the City Code shall be allowed to be present and operate. Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. 3. Class P-2 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. All persons who sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class P-2 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to retail sale for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Craft beer for product sampling or retail sale for on-site consumption shall be sold and dispensed only in containers provided by the licensee. Craft beer servings for consumption on premises shall be dispensed in containers no larger than sixteen (16) ounces. Craft beer sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the craft beer sold at retail or offered for sampling. 208 of 374 42-O-14 ~4~ 4. It shall be unlawful for the holder of a Class P-2 license to provide a sample of or sell any beer between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-2 licensee must have a valid Class 3 Brewer's License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of beer manufactured on the premises and the total gallonage of beer manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-2 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be $4,000.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $4,090.00. No more than one (1) such license shall be in force at any one (1) time. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 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. 209 of 374 42-O-14 ~5~ SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene City Clerk Approved as to form: ______________________________ W. Grant Farrar Corporation Counsel 210 of 374 For City Council meeting of May 27, 2014 Item A11 Ordinance 49-O-14: Increasing Class P-1 Liquor Licenses Sketchbook Brewing Co. For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 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 Date: April 30, 2014 Recommended Action: Liquor Control Review Board recommends City Council adoption of Ordinance 49-O-14. This ordinance was introduced at the May 12, 2014 City Council meeting. Summary: Ordinance 49-O-14 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 (1) to two (2), 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. This license will permit Company on-site production and storage of beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or 30,000 barrels) per year per year, the sale of such beer for consumption off-premises and on-site sampling and consumption of such beer by persons of at least twenty-one (21) years of age. Business Representatives Cesar Marron and Shawn Decker submitted application materials. Legislative History: At the March 20, 2014 Liquor Control Review Board meeting, Company requested consideration of application for issuance of a Class P-1 (Craft Brewery) liquor license and the Board recommended the issuance of a Class P-1 Liquor License. Attachments: Ordinance 49-O-14 Application Minutes of the March 20, 2014 Liquor Control Review Board meeting Memorandum 211 of 374 3/20/2014 4/30/2014 49-O-14 AN ORDINANCE Amending Subsection 3-4-6-(P-1) of the City Code to Increase the Number of Class P-1 Liquor Licenses from One to Two (Common Culture Brewing Company d/b/a Sketchbook Brewing Co., 825 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(P-1) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class P-1 liquor licenses from one (1) to two (2), to read as follows: (P-1) CRAFT BREWERY license shall authorize the on-site production and storage of craft beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or 30,000 barrels) per year and the sale of such beer for consumption off-premises. It also authorizes on-site sampling consumption of such beer by persons of at least twenty-one (21) years of age. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-1 licensee to sell a container of beer for off-premises consumption unless the volume of the container is equal to or greater than thirty-two (32) ounces or 0.94 liters. 2. Class P-1 licensees may during authorized hours of business, offer for on- site consumption samples of beer permitted to be produced and sold pursuant to this classification. Licensees who limit activity to sampling only, as specified herein, shall provide limited food service such as cheese, crackers, snack food or other similar deli-style items to customers who are sampling craft beer. 3. Class P-1 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. 212 of 374 49-O-14 ~2~ All persons who sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class P-1 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to sampling for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Craft beer product samples for on-site consumption shall be dispensed only in containers provided by the licensee. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the craft beer offered for sampling. 4. It shall be unlawful for the holder of a Class P-1 license to provide a sample of or sell any beer between the hours of 12:00 a.m. and 10:00 a.m. on any Monday, Tuesday, Wednesday, Thursday or Friday; between the hours of 1:00 a.m. and 10:00 a.m. on any Saturday; and between the hours of 1:00 a.m. and 12:00 p.m. on any Sunday. 5. Every Class P-1 licensee must have a valid Class 3 Brewer's License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of beer manufactured on the premises and the total gallonage of beer manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 6. Every employee of a Class P-1 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than one (1) two (2) 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 213 of 374 49-O-14 ~3~ 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 214 of 374 ~-_.~ CfryofEvanston' Date: 2/6/14 City of Evanston annual Liquor License Application City of Evanston Application for Liquor License !:8J New business Liquor Class: D Change of Ownership/Corporation Pj, D Upgrade to License Class Initial license Fee: 1800 A.Corporation name:Common Culture Brewing Co. B.Business name:Common Culture Brewing Co. C.Previous business name (if dba changed): D.Business address (city, state, zip code): 1314 Washington st,Evanston IL,60202 E.Business telephone: (518) 698 - 6969 F.Business website:G.Business Email: cmarron@gmail.com H. Illinois business tax number: A.Address applying for liquor license (exact street address): 825 Chicago Ave Suite E2 Evanston Zip code: 60201 B. Full description of the location including floor layout,specific floors, rooms, etc. (attach a site plan): Site Plan Attached C. Is the business required to be located within the "Retail Package Store Area"? DVes ~No If yes, is it located within the "Retail Package Store Area"? Yes D No A.Business type:D Restaurant D Hotel D Package D Grocery store store Describe the nature of the business 1 principal kind of business:Craft Brewery !:8J Other (explain below): Liquor to be served andlor sold:D Alcoholic Ii uor !:8JBeer and Wine onl D Wine onl Days and times liquor is served:!:8J Sunday D Monday DTuesday !:8JWednesday 12 to 6 to to 5 to 8 !:8J Thursday !:8J Friday !:8JSaturday 4 to 8 4 to 10 12 to 10 Liquor will served or sold by: !:8J Glass !:8J Bottle D Can D Waitstaff and/or !:8J Over the counter City of Evanston Liquor License Application (Rev.12/19/2013)Page 1 of 17 215 of 374 216 of 374 217 of 374 218 of 374 219 of 374 220 of 374 Illinois Application to Adopt an Assumed Corporate Name Form Secretary of State Department of Business Services Springfield, IL 62756 217-782-9520 www.cyberdriveillinois.com 1. Corporate Name: ________________________________________________________________________________ 2. State of Incorporation: ____________________________________________________________________________ 3. Date Incorporated/Qualified: _____________________________________ 4. Corporation intends to adopt and to use the assumed corporate name of: ______________________________________________________________________________________________ ______________________________________________________________________________________________ 5. The right to use the assumed corporate name shall be effective from the date this application is filed by the Secretary of State until _______________________________________________, the first day of the corporation s anniversary month in the next year evenly divisible by five. 6. The undersigned corporation has caused this statement to be signed by a duly authorized officer who affirms, under penalties of perjury, that the facts stated herein are true and correct. This document was generated electronically at www.cyberdriveillinois.com Exact Name of the Corporation: Authorized Officer’s Name Title FILED Jesse White Secretary of State Filing Fee: Approved: FILE # ________________________________________________________________________________ Date: __________________________ 30.00 COMMON CULTURE BREWING CO. CESAR MARRON Feb 22, 2014 JXR BCA-4.15/4.20 07/01/2015 07/25/2013 ILLINOIS Feb 22, 2014 PRESIDENT Business Corporation Act COMMON CULTURE BREWING CO. SKETCHBOOK BREWING CO. 69159877 221 of 374 222 of 374 223 of 374 224 of 374 225 of 374 226 of 374 227 of 374 228 of 374 229 of 374 230 of 374 231 of 374 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 232 of 374 Page 2 of 3 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 233 of 374 Page 3 of 3 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 234 of 374 For City Council meeting of May 27, 2014 Item A12 Ordinance 23-O-14 Regulating Collection Boxes For Action To: Honorable Mayor and Members of the City Council Members of the Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Mario Treto, Jr., Assistant City Attorney Subject: Ordinance 23-O-14, Addition of Chapter 31 to Title 3 of the Evanston City Code Regulating Collection Boxes Date: May 15, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 23-O-14, which will regulate the placement and appearance of collection boxes within the City of Evanston. This ordinance was introduced at the May 12, 2014 City Council meeting. Funding Source: n/a Summary: The City of Evanston (“City”) currently does not regulate the placement and appearance of collection boxes within city limits. Ordinance 23-O-14 requires entities interested in placing a collection box to obtain a license from the City of Evanston for a fee; Evanston-based non-profits (such as the Evanston School Children’s Clothing Association and the YWCA) must still obtain such license but are exempt from paying the license fee. Various neighboring municipalities implement requirements that regulate the placement and appearance of clothing collection boxes. The primary purposes for such requirements are to ensure safety with respect to motorist sightlines, maintain the desirable appearance of the city, as well as prevent any general inconveniences to the general public. As mentioned above, the recommended ordinance imposes restrictions as to the locations in which collection boxes can be placed in order to promote public safety, particularly for motorists whose sightlines may be impaired with clothing collection box placement. Additionally, the proposed ordinance requires that collection boxes to be kept in good condition so as to maintain the desirable appearance of the City of Evanston. Staff reviewed feedback from the City’s Administration and Public Works Committee’s discussion of the proposed ordinance and conferred with Carlo Cavallaro, Senior Legal Memorandum 235 of 374 Counsel of U’SAgain, LLC, a West Chicago-based collection bin operator currently managing four collection bins within the City of Evanston with respect to providing property owners adequate notice of the ordinance and subsequent enforcement. For this reason Staff proposes that this ordinance have an effective date of July 1, 2014 to ensure collaboration of various City departments to issue proper notice to all affected businesses. For the year 2014, the annual fee of $150 will be prorated to $75. Subsequently, Staff discussed new language proposals with property owners and incorporated suggestions into the proposed ordinance. Please note Mr. Cavallaro supports this proposed ordinance. In addition, Staff found that the $150 annual registration fee per applicant and the $75 additional fee per additional box were comparable fees with similar municipalities. The requirements in the proposed ordinance also take into account the recent outcome of Linc-Drop, Inc. v. City of Lincoln, a federal district court case in which it was found to be unconstitutional to impose restrictions: (1) necessitating a certain percentage of collection box proceeds to be spent on charitable activities; and (2) permitting only 501(c)(3) designated entities and schools to obtain licenses for collection boxes. The proposed ordinance avoids these potential constitutional issues by (1) not having a percentage of collection proceeds requirement go to charitable activities; and (2) allowing both for-profit and not-for-profit entities to obtain clothing collection box permits. The City’s ordinance would not implicate areas touched upon by this federal district court’s decision. Legislative History: n/a Alternatives: n/a ------------------------------------------------------------------------------------- Attachment: 23-O-14 Ordinance Adding Chapter 31 to Title 3 of the Evanston City Code Regulating Collection Boxes 236 of 374 1/31/2014 4/16/2014 5/13/2014 23-O-14 AN ORDINANCE Adding Chapter 31 to Title 3 of the Evanston City Code Regulating Collection Boxes 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 determined that the location of collection boxes may cause an inconvenience or danger to persons on public property. The City determined that unsightly collection boxes located on public or private property are a public nuisance, and that by regulating the placement of collection boxes the City will provide proper maintenance of public streets and sidewalks and safe rights of way. In recognition of the need to regulate collection boxes, this ordinance hereby creates a process to regulate collection boxes. Article VII, Section (6)a of the Illinois Const itution of 1970 states that, “a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power… to license .” As a home rule 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 237 of 374 23-O-14 ~2~ 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). The City Council finds that that there is a compelling governmental interest in implementing reasonable regulations on the location and appearance of collection boxes on public and private property and that such regulations are essential in the promotion of commerce to maintain the desirable appearance of public and private property. Regulations will also promote the health, safety, and welfare of City residents. SECTION 2: Ordinance 23-O-14 shall be in full force and effect as of 12:00 a.m. July 1, 2014. The annual registration fee for the period between July 1, 2014 through December 31, 2014 shall be seventy-five dollars ($75.00). SECTION 3: Title 3 of the Evanston City Code of 2012, is hereby amended to add Chapter 31 as follows: CHAPTER 31 – COLLECTION BOXES 3-31-1: DEFINITIONS: Collection Box An unattended container, receptacle, or similar device that is used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include any unattended collection box located within a building. Retail Center Any concentration of two (2) or more retail stores and/or service establishments in 238 of 374 23-O-14 ~3~ one or more buildings, or on one or more adjacent lots, under single ownership or management or multiple ownership on contiguous or adjacent lots with one or more of the following: (A) Common parking facilities, (B) Common stormwater detention, drainage or storm sewer facilities, (C) Common water distribution facilities, (D) Common sanitary sewer facilities, (E) Nonexclusive ingress or egress from public streets. Site Host The property owner, local agent, or local occupant of the site where the collection box is placed or is intended to be placed. 3-31-2: LICENSE REQUIRED: It shall be unlawful for any person, firm or corporation to place a collection box or to allow to be placed or permit the placement of a collection box on its own property without first having obtained a license as herein provided. 3-31-3: APPLICATION FOR LICENSE; FEE: Any person desiring to place a collection box within the City, shall make application for a license to the City Collector, setting forth in such application the name of the applicant requesting the license for the collection boxes, the number and locations of the collection boxes, and the type of merchandise being collected at the collection box. Such license shall be issued upon payment to the City Collector of the following fees: Annual Registration Fee Per Applicant $150 per applicant Additional Fee Per Additional Box $75 per box The license fees provided for herein shall be payable in full at the time of issuance of said license, and any such license shall expire on December 31 next after issuance. Not-for-profit organizations located in Evanston operating a collection box shall be exempt from paying the license fee. 239 of 374 23-O-14 ~4~ 3-31-4: REQUIREMENTS AND RESTRICTIONS: (A) Placement of a collection box is permitted only in retail centers, schools, churches, and buildings owned and operated by not for profit organizations. (B) The collection box owner shall submit written authorization from the site host consenting to the placement of a collection box on the subject property. (C) Collection boxes must display the license sticker on the front of the collection box. (D) Collection box owners must respond to any and all complaints regarding collection box maintenance within twenty four (24) hours of receiving notification Monday through Friday and forty eight (48) hours of receiving notification Saturday and Sunday. (E) Collection boxes shall not be on any permeable surface. (F) Collection boxes shall not be located in a parking space. (G) Collection boxes shall not be placed within a required front or corner side yard, or major arterial setback. To the extent feasible, collection boxes shall be placed in the rear or side of a property so as to be inconspicuous as viewed from public rights of way. (H) Collection boxes shall not be placed in such a manner as to cause a sight obstruction for pedestrians or motorists. (I) Only one collection box shall be permitted per lot or per retail center, school, church, or not for profit organization property, whichever is more restrictive. (J) Collection boxes shall not exceed six and one-half feet (6.5') in height. (K) Collection boxes shall not possess a footprint exceeding twenty (20) square feet. (L) Collection boxes shall indicate whether the operator is a for profit or not for profit organization in two inch (2") type visible from the front of the collection box. (M) Collection boxes shall contain the following contact information in two inch (2") type visible from the front of the box: the name, address, e-mail and phone number of the owner of the collection box. 240 of 374 23-O-14 ~5~ (N) Collection boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust and shall be free of graffiti. All boxes shall be serviced regularly so as to prevent overflow of collections or the accumulation of junk, debris or other material. Upon servicing, any and all material must be removed. 3-31-5: REVOCATION OF LICENSE: Any licensee who receives three (3) or more violations of the provisions of this article shall have their license revoked. Any licensee whose license was revoked may request a hearing before the Division of Administrative Adjudication to appeal any such revocation. 3-31-6: REMOVAL; REMOVAL FEE: (A) Any licensee whose license was revoked or any person who places a collection box without a license will be required to remove the collection box within forty eight (48) hours after receiving notice to remove same. The City may remove any box remaining after said forty eight (48) hour period. In this event, the site host wherein the collection box is located may be required to pay a removal fee to the City. (B) In the event a property owner, local agent, or local occupant has a collection box placed on their property without their consent and has no intention of being a site host, they shall notify the City of Evanston regarding the collection box. The City of Evanston will consult with the property owner, local agent, or local occupant regarding the removal of any collection box that may have been placed without the property owner’s consent. 3-31-7: PENALTY: Any person, firm or corporation who violates any of the provisions of this article shall be fined two hundred dollars ($200.00) for each offense. A separate offense shall be deemed committed on each day on which a violation occurs or continues to exist. The licensee and the site host are jointly and severally liable for adhering to the provisions of this article and any fees or penalties associated therewith. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: 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 241 of 374 23-O-14 ~6~ received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 242 of 374 PLANNING & DEVELOPMENT COMMITTEE MEETING Tuesday, May 27, 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 MAY 12 , 2014 III. ITEMS FOR CONSIDERATION (P1) Ordinance 70-O-14, Granting a Special Use for a Type 2 Restaurant, YoFresh Yogurt Cafe, at 635 Chicago Avenue #7 The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 70-O-14 granting a special use permit for a Type 2 Restaurant, YoFresh Yogurt Cafe, at 635 Chicago Avenue #7. The requested special use permit will allow a specialty Type 2 Restaurant to occupy a vacant commercial space in an existing strip mall. For Introduction (P2) Ordinance 72-O-14, Amending the Special Use for a Convenience Store at 555 Howard Street in the B3 District Staff recommends approval of proposed Ordinance 72-O-14. The proposed Ordinance amends an existing special use for the convenience store located at 555 Howard Street to allow it to remain open until 10:00 p.m. instead of 8:00 p.m. Suspension of the Rules is requested to permit Introduction and Action by City Council on May 27, 2014. For Introduction and Action (P3) Approval of Sidewalk Café for The Lucky Platter, 514 Main Street Staff recommends approval of a first-time application for a sidewalk café (SWC) permit for The Lucky Platter, a Type #1 Restaurant located at 514 Main St. For Action IV. ITEMS FOR DISCUSSION 243 of 374 Planning & Development Committee Meeting Agenda Page 2 of 2 May 27, 2014 V. COMMUNICATIONS VI. ADJOURNMENT 244 of 374 Planning & Development Committee Meeting Minutes of May 12 , 2014 – 7:15 p.m. Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, J. Grover, D. Holmes, A. Rainey, M. Tendam, D. Wilson, M. Wynne STAFF PRESENT: M. Masoncup, M. Muenzer, B. Newman, L. Pearson, C. Plante PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF QUORUM A quorum being present, Chair Rainey called the meeting to order at 7:22 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF APRIL 28, 2014 Ald. Fiske moved approval of the minutes of the April 28, 2014 P&D meeting, seconded by Ald. Holmes. The Committee voted unanimously 7-0 to approve the April 28, 2014 minutes. III. ITEMS FOR CONSIDERATION (P1) Ordinance 56-O-14 Amending the Zoning Ordinance to Establish the Definition and Land Use Regulations for Aquaponics The Plan Commission and City staff recommend amending the Zoning Ordinance to establish a definition and land use regulations for Aquaponics. As proposed, an aquaponics establishment would be allowed as a special use in the B, C, I and M districts. For Introduction Ald. Grover moved to recommend introduction of Ordinance 56-O-14, seconded by Ald. Tendam. Chair Rainey said she has had an inquiry about aquaponics. Mark Muenzer, Director of Community Development, said while there is not a specific proposal, there have been several inquiries from the public as to where they can locate these operations, which raise plants in water, the water is re-circulated to a fish tank and the fish create waste that is circulated back to the plants, so it is a symbiotic relationship. The Committee voted unanimously 7-0 to recommend introduction of Ordinance 56-O-14. (P2) Ordinance 57-O-14 Amending the Zoning Ordinance to Establish the Definition and Land Use Regulations for Micro-breweries. The Plan Commission and City staff recommend amending the Zoning Ordinance to establish a definition and land use regulations for Micro-breweries. The proposed DRAFT – NOT APPROVED 245 of 374 Planning & Development Committee Meeting Minutes of May 12, 2014 Page 2 of 3 definition for a micro-brewery is aligned with the Class P-1 liquor license for craft- breweries limiting the production level to 30,000 barrels (930,000 gallons) per year. The amendment proposes allowing micro-breweries as a by-right permitted use in the M and I districts and as a special use in C and B districts. For Introduction Ald. Tendam moved to recommend introduction of Ordinance 57-O-14, seconded by Ald. Grover. Chair Rainey said Ms. Hiltwein, who had spoken at the Administration & Public Works meeting, and had signed up to speak but was not present, had some significant recommendations. Ald. Wynne asked, since a micro-brewery is something that does not exceed 30,000 barrels a year, what is the exact definition of a nano-brewery, to which Ald. Holmes replied they can only manufacture 2,000 barrels. Ald. Wynne suggested that the definition of a nano-brewery should be in the Ordinance as well. Michelle Masoncup, Deputy City Attorney, said the zoning code presently does not define a nano-brewery, but that it is very small and isolated. Ald. Wynne said her concern is if any nano-brewery moves from a small amount, such as 5,000 barrels to a larger amount, when do they become a micro-brewery? There is a ceiling stated but no floor. Mr. Muenzer asked whether a nano-brewery should be defined in the zoning code also, to which Ald. Wynne said that it should. Mr. Muenzer said that anything above a micro-brewery (30,000 barrels) is a light manufacturing use, which will not be allowed outside of most manufacturing districts. Chair Rainey suggested that all breweries should be special uses, no matter what district they are in. She noted that tattoo parlors and pawn shops are retail uses, which includes a very broad collection of uses. Ald. Wynne agreed. Chair Rainey said she is committed to not making any change applying to the current applicant because they are already in the process. Ald. Holmes agreed. Mr. Muenzer clarified that this makes any brewery, including a nano-brewery, a special use in the districts that are identified in the memo, or merit further investigation if it needs to be in the same districts, and that staff is creating a definition for nano-breweries, confirmed by Chair Rainey. Ald. Grover said the New Hampshire licensing is for those that manufacture beer or specialty beer not exceeding 2,000 barrels and she wondered what to do with the home brewers who are well under 2,000 barrels that are just for consumption. Ald. Tendam said the IRS limit is 200 gallons per year, over which a home brewer is supposed to self support and pay taxes, so the City needs to find the suitable range. The Committee voted unanimously 7-0 to recommend introduction of Ordinance 57-O-14 with recommended amendments: To additionally define a 246 of 374 Planning & Development Committee Meeting Minutes of May 12, 2014 Page 3 of 3 micro-brewery and nano-brewery with both minimum and maximum # of gallons/barrels manufactured per year and to classify any commercial (non home-based) brewery as a special use. (P3) Ordinance 62-O-14, Granting a Special Use for Commercial Indoor Recreation, Precision Multisport, at 2114 Jackson Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 62-O-14 granting a special use permit for Commercial Indoor Recreation, Precision Multisport, at 2114 Jackson Avenue. The requested special use permit will allow a successful local business to remain in Evanston and utilize a currently vacant space. The applicant requests suspension of the Rules for Introduction and Action on May 12, 2014. For Introduction and Action Ald. Holmes moved to recommend introduction and suspension of the rules of Ordinance 62-O-14, seconded by Ald. Tendam. At Chair Rainey’s request, Ald. Holmes read the amended hours of operation: 5:30 a.m. to 10:00 p.m. Monday through Friday 5:30 a.m. to 8:00 p.m. Saturday and Sunday Mr. Muenzer confirmed that the applicant is in agreement with the changes in the hours of operation. The Committee voted unanimously 7-0 to introduce and suspend the rules for Ordinance 62-O-14. Mr. Muenzer introduced Lorrie Pearson, Planning & Zoning Administrator, who will be responsible for all of the department’s planning and zoning activity. Lorrie had been Land Development Manager at the City of Champaign, Illinois and dealt with a large university in that community. Prior to that, Lorrie had a great deal of experience working in the suburbs of Washington, D.C. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Wynne moved to adjourn, seconded by Ald. Wilson. The meeting was adjourned at 7:35 p.m. Respectfully submitted, Bobbie Newman 247 of 374 For City Council meeting of May 27, 2014 Item P1 Ordinance 70-O-14: Special Use for a Type 2 Restaurant, YoFresh Yogurt Cafe, at 635 Chicago Avenue #7 For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 70-O-14, Granting a Special Use for a Type 2 Restaurant, YoFresh Yogurt Cafe, at 635 Chicago Avenue #7 Date: May 14, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 70- O-14 granting a special use permit for a Type 2 Restaurant, YoFresh Yogurt Cafe, at 635 Chicago Avenue #7. The requested special use permit will allow a specialty Type 2 Restaurant to occupy a vacant commercial space in an existing strip mall. The applicant has complied with all zoning requirements and meets all of the standards for a special use in the C1a Commercial Mixed Use District. Summary 635 Chicago Avenue #7 is located on the east side of Chicago Avenue in South Point Plaza, the commercial strip mall adjacent to the recently redeveloped Walgreens. The space is surrounded by similar commercial uses to the north and south including retail goods establishments and a financial institution, as well as the CTA and Metra tracks to the west and multifamily residential to the east across the alley. Unit 7 is the space most recently occupied by Walgreens Pharmacy during the Walgreens reconstruction. The applicant proposes to operate YoFresh Yogurt Café, a Type 2 Restaurant featuring self-serve yogurt and accessory drinks such as coffee and hot chocolate. The restaurant space is roughly 1,100 square feet and will feature seating for approximately 18 patrons. The applicant anticipates 10% of customers will take their purchases to-go. The business will operate from 11am-10pm Sunday through Thursday, and 11am-11pm on Fridays and Saturdays. Deliveries to the restaurant will occur twice a week via the alley. There are dumpsters located at the rear of the property as well. The existing Memorandum 248 of 374 parking lot on the site features 85 parking spaces, which is compliant for the retail uses on the property, including YoFresh Yogurt Café. The applicant agrees to follow the City’s Litter Collection and Garbage Pickup Plans. City staff is not aware of any objections to the use from neighboring property owners. Neighborhood Benefit This use should not cause a negative effect on the neighboring area. The area will benefit from the operation of this business, which will occupy a currently vacant commercial space and add to the economic viability of the surrounding commercial district. Comprehensive Plan The Evanston Comprehensive General Plan encourages the growth of small business and the importance of vibrant 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. A special use for the proposed YoFresh Yogurt Cafe Type 2 Restaurant will promote the economic viability of the existing commercial strip center and benefit the community as a whole by utilizing a currently vacant commercial space. Legislative History May 6, 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 to 9am-11pm, 7 days a week. 2. Litter Collection and Garbage Pickup Plans. 3. Employees may not utilize street parking when traveling to work. Attachments Proposed Ordinance 70-O-14 May 6, 2014 ZBA Draft Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet – May 6, 2014 249 of 374 5/15/2014 70-O-14 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 635 Chicago Avenue #7 in the C1a Commercial Mixed Use Zoning District (“YoFresh Yogurt Café”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on May 6, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0039, an application filed by Larry Murphy, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 635 Chicago Avenue #7 (the “Subject Property”) and located in the C1a Commercial Mixed Use District, for a Special Use Permit to establish, pursuant to Subsection 6-10-3-3 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “YoFresh Yogurt Cafe,” 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 May 27, 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-0039; and 250 of 374 70-O-14 ~2~ WHEREAS, at its meetings of May 27, 2014 and June 9, 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- 0039. 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. 251 of 374 70-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 9:00 a.m. and 11:00 p.m. on any given day. E. Employee Parking: Employees cannot park on the street when travelling to and from work. 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 252 of 374 70-O-14 ~4~ without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 253 of 374 70-O-14 ~5~ EXHIBIT A LEGAL DESCRIPTION THAT PART OF LOT 1 OF THE SOUTHPOINT CONSOLIDATION OF LOTS 11 TO 18, BOTH INCLUSIVE, IN BLOCK 2 IN KEDZIE AND KEENEY’S ADDITION TO EVANSTON IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, PER THE PLAT RECORDED MARCH 7, 1984 AS DOCUMENT NO. 26996718, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1, THENCE ON AN ASSUMED BEARING SOUTH 89˚51’52” EAST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 173.40 FEET TO THE SOUTHEAST CORNER OF LOT 1; THENCE NORTH 08˚54/12” WEST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 182.19 FEET TO THE SOUTHEAST CORNER OF AN EXISTING 1- STORY BRICK BUILDING, A DISTANCE OF 68.01 FEET; THENCE NORTH 08˚55’35” WEST, A DISTANCE OF 17.79 FEET; THENCE SOUTH 81˚04’25” WEST, A DISTANCE OF 26.31 FEET; THENCE NORTH 39˚07’45” WEST, A DISTANCE OF 20.74 FEET; THENCE SOUTH 80˚45’25” WEST, A DISTANCE OF 66.49 FEET TO THE WEST LINE OF SAID LOT 1 ALSO BEING THE EAST LINE OF CHICAGO AVENUE; THENCE SOUTH 08˚54’02” EAST ALONG THE LAST DESCRIBED LINE, A DISTANCE OF 190.25 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PIN: 11-19-407-028-0000 COMMONLY KNOWN AS: 635 Chicago Avenue, #7, Evanston, Illinois. 254 of 374 DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, April 15, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Beth McLennan, Violetta Cullen, Andrew Gallimore Members Absent: Scott Gingold, Mary Beth Berns, Clara Wineberg Staff Present: Melissa Klotz, Lorrie Pearson, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:05pm. Approval of Minutes The minutes from the April 15, 2014 Zoning Board of Appeals meeting were motioned for approval by Ms. Cullen and seconded by Ms. McLennan. The motion was approved 4-0. New Business 802 Florence Avenue ZBA 14ZMJV-0040 Karen Pratt, property owner, applies for major zoning relief to subdivide one lot of record into two lots of record. The applicant requests to subdivide a lot with three legal-nonconforming dwelling units into two lots of record. The subdivision requires the following zoning relief for Lot 1, 802 Florence Avenue, and Lot 2, 1600 Washington Street: 1. Lot 1: The applicant proposes a lot size of 4,000 square feet where the minimum lot size for single family residences is 5,000 square feet (Zoning Code Section 6-8-4-4). 2. Lot 2: The applicant proposes a lot size of 4,900 square feet where the minimum lot size for two-family residences is 7,000 square feet (Zoning Code Section 6-8-4-4). 3. Lot 2: The applicant proposes a 19.3’ rear yard setback for the existing single family residence where 30’ is required (Zoning Code Section 6-8-4-7-A-4). 4. Lot 2: The applicant proposes a 15’ rear yard setback for the existing two-family residence where 30’ is required (Zoning Code Section 6-8-4-7-A-4). 5. Lot1: The applicant proposes a 3.5’ north interior side yard setback for the existing two- car detached garage where 5’ is required (Zoning Code Section 6-8-4-7-C-3). 6. Lot 2: The applicant proposes zero parking spaces where three on-site parking spaces are required for two-family dwelling units (Zoning Code Section 6-16-3-5). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. The applicant did not attend the meeting due to an emergency, so the case was motioned for a continuance to the May 20, 2014 Zoning Board hearing by Ms. Cullen. The motion was seconded by Ms. McLennan and approved 4-0. 2114 Jackson Avenue ZBA 14ZMJV-0026 Craig Strong, lessee, applies for a special use permit for Commercial Indoor Recreation, Precision Multisport, at 2114 Jackson Avenue. 2114 Jackson Avenue is located in the MXE Mixed Use Employment District, which requires a special use permit for Commercial Indoor Page 1 of 4 Zoning Board of Appeals 255 of 374 DRAFT NOT APPROVED Page 2 of 4 Zoning Board of Appeals Recreation facilities to operate (Zoning Code Section 6-13-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. McLennan noted she knows the applicant but that will not affect her view of the case. Ms. Klotz read the case into the record. Craig Strong, applicant, presented the case: • Personal and group training • Classes average 10-15 people • The larger classes are in the morning • One class at a time • 5:30am-8:30pm • 2-3 instructors at a time • Peak hours 5:30am-7:30am and 3:30pm-5:30pm and 6p-8:30pm • 14 parking spaces behind the building and across the alley for parking • Have been in operation on Simpson street for last 2 years, but moving for a more functional space The Zoning Board entered into Deliberations: 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 approve the special use with the following conditions: 1. Hours of operation 5:30am-10pm during the week and 5:30am-8pm on weekends. The motion was seconded by Ms. McLennan and approved 4-0. 1910 Wesley Avenue ZBA 14ZMJV-0031 Gary Joyce, property owner, applies for major zoning relief to construct a one-car attached garage and driveway. The applicant requests a 12’ front yard setback where a minimum 27’ is required (Zoning Code Section 6-8-7-7-A-1) and an impervious surface ratio of 71% where a maximum 60% is allowed (Zoning Code Section 6-8-7-9-A). The Zoning Board of Appeals is the determining body for this case. Ms. Klotz read the case into the record. Gary Joyce presented the case: • Want to add a one-car attached garage • Garage is next to large parking lot on adjacent property • Will use permeable concrete where possible to keep the impervious surface calculation as low as possible • Parking requirement for the property will now be satisfied • Have spoken to many of the neighbors and is not aware of any objections 256 of 374 DRAFT NOT APPROVED Page 3 of 4 Zoning Board of Appeals Ms. Klotz noted permeable materials receive a 20% credit to the calculation. Chair Rodgers asked if rain barrels or other methods could be used to reduce the water runoff, and Mr. Joyce said that is a good idea and he would look into it since that area does have water issues. Ms. Cullen noted the proposed driveway is very close to the alley. Alderman Holmes noted she is aware of some neighbor concerns and would prefer parking in the rear instead. She also noted she accidentally misinformed some neighbors by saying the variance would proceed to City Council, so they would have an opportunity to comment at City Council before a determination was made, and therefore requested continuing the case to a second ZBA meeting to allow for neighbor comments from anyone that was originally mislead. ZBA members considered continuing the case. Ms. McLennan motioned to table the case, with a second by Ms. Cullen, so that a legal determination could be made as to whether someone who is not a property owner within 500’ of the site can request a continuance. 635 Chicago Avenue ZBA 14ZMJV-0039 Larry Murphy, lessee, applies for a special use permit for a Type 2 Restaurant, YoFresh Yogurt Café, at 635 Chicago Avenue #7. 635 Chicago Avenue #7 is located in the C1a Commercial Mixed Use District, which requires a special use permit for Type 2 Restaurants to operate (Zoning Code Section 6-10-3-3). 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. Jean Murphy presented the case: • Hours of operation 11am-11pm Monday – Saturday and 1pm-9pm on Sundays • 5 staff total with 2-3 employees per shift • Seating for 25-30 people • Employees will park on the west side of the parking lot • Deliveries and garbage are via the alley • Ok with the Litter Collection and Garbage Pickup Plan • No cooking or preparation of food on-site • Have run other businesses before, but not one exactly like this Ms. Cullen noted this is a great walkable business that will benefit the surrounding residences. The ZBA entered into Deliberations: 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 approve the case with the following conditions: 257 of 374 DRAFT NOT APPROVED Page 4 of 4 Zoning Board of Appeals 1. Litter Collection and Garbage Pickup Plan 2. Employees cannot park on the street 3. Hours of operation are limited to 9am-11pm, 7 days a week Mr. Gallimore seconded the motion, which was approved 4-0. 1910 Wesley Avenue ZBA 14ZMJV-0031 The Zoning Board returned to the tabled case of 1910 Wesley Avenue. Mr. Treto advised the ZBA has the authority to continue a case without a request from a property owner within 500’ of the site. Mr. Joyce stated he had no problem with the case being continued to the next meeting to ensure all concerns are addressed. Mr. Rodgers explained that the case will be renoticed by mail to clarify who the determining body is. Ms. McLennan motioned to continue the case to May 20, 2014. The motion was seconded by Ms. Cullen and approved 4-0. The meeting adjourned at 8:10pm 258 of 374 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 Case Number: 14ZMJV-0039 Address or Location: 635 Chicago Avenue Applicant: Larry Murphy Proposed Special Use: Type 2 Restaurant, YoFresh Yogurt Cafe After conducting a public hearing on May 6, 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 4-0 259 of 374 (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. Hours of operation must be between 9:00am – 11pm, 7 days a week 2. Litter Collection and Garbage Pickup Plan 3. Employees may not park on the street when traveling to work _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ _______ Clara Wineberg _____ ____ _______ Scott Gingold _____ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ ___X___ Andrew Gallimore __X__ ____ 260 of 374 261 of 374 262 of 374 263 of 374 264 of 374 265 of 374 266 of 374 267 of 374 268 of 374 269 of 374 270 of 374 271 of 374 272 of 374 273 of 374 274 of 374 275 of 374 276 of 374 277 of 374 278 of 374 279 of 374 280 of 374 281 of 374 282 of 374 283 of 374 For City Council meeting of May 27, 2014 Item P2 Ordinance 72-O-14 Amending the Use for a Convenience Store at 555 Howard Street For Introduction & Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 72-O-14, Amending the Special Use for a Convenience Store at 555 Howard Street in the B3 District Date: May 19, 2014 Recommended Action Staff recommends approval of proposed Ordinance 72-O-14. The proposed Ordinance amends an existing special use for the convenience store located at 555 Howard Street to allow it to remain open until 10:00 p.m. instead of 8:00 p.m. Suspension of the Rules is requested to permit Introduction and Action by City Council on May 27, 2014. Summary Staff requests the proposed change to the hours of operation. The proposed Ordinance requires the impact of these changes to be evaluated after the establishment has been operating under the new hours for at least six months. The hours of operation were increased to 6:00 a.m. to 8:00 p.m. in September 2012, and staff found the increased hours did not negatively impact the surrounding neighborhood. Legislative History September 10, 2012: City Council approved amended hours of operation for the special use permit to 6:00 a.m. to 8:00 p.m. June 28, 2010: City Council approved amended hours of operation for the special use permit to 7:00 a.m. to 7:00 p.m. seven days a week. April 12, 2005: City Council approved a special use permit for a Convenience Store with hours of operation of 7:00 a.m. to 7:00 p.m. on weekdays and 7:00 a.m. to 4:00 p.m. on Saturdays. Attachments Ordinance 72-O-14 Memorandum 284 of 374 5/19/2014 72-O-14 AN ORDINANCE Amending the Special Use for a Convenience Store At 555 Howard Street in the B3 Business District WHEREAS, on April 12, 2005, the City Council enacted Ordinance 40-O- 05, which, pursuant to Subsection 6-9-4-3 of the Evanston City Code, 1979, as amended (the “City Code”), granted a Special Use Permit for a Convenience Store at 555 Howard Street in the B3 Business District (the “Subject Property”); and WHEREAS, on September 10, 2012, the City Council enacted Ordinance 94-O-12, attached hereto as Exhibit 1 and incorporated herein by reference, which amended said Special Use Permit; and WHEREAS, ZIF Enterprises, Inc. (the “Applicant”), current owner of the Subject Property, has requested that the City Council amend the restrictions on the hours of operation of said Special Use, imposed, pursuant to the City Code and the hours of operation were previously amended pursuant to Ordinance 43-O-10 and Ordinance 94-O- 12; and WHEREAS, at its meeting of May 27, 2014, the Planning and Development (“P&D”) Committee of the City Council considered the Applicant’s request and recommended that the City Council approve certain amendments to the permitted hours of operation; and WHEREAS, at its meeting of May 27, 2014, the City Council considered and adopted the records and recommendations of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 285 of 374 72-O-14 ~2~ CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby amends the condition set forth in Section 3-C of Ordinance 40-O-05, as amended by Section 2 of Ordinance 43-O-10 and Section 2 of Ordinance 94-O-12, to read as follows: The special use approved hereby: a) shall not operate prior to 6:00 a.m. nor later than 8:0010:00 p.m. any day; and b) shall sell only prepackaged food and/or beverages, all for consumption off the subject property. Foods and beverages which either require cooking or heating, or which are customarily cooked or heated prior to consumption, shall not be sold. SECTION 3: No sooner than six (6) months after the effective date of this ordinance, the P&D Committee may evaluate the effects of this ordinance and consider additional amendments to the hours of operation as amended herein. SECTION 4: Except as otherwise provided for herein, all applicable regulations of Ordinance 40-O-05, Ordinance 43-O-10, Ordinance 94-O-12 and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. To the extent that the provisions of any of said documents conflict with the terms of this ordinance, this ordinance shall govern and control. SECTION 5: The Applicant, at its cost, shall record a certified copy of this ordinance, including any Exhibits attached hereto, with the Cook County Recorder of Deeds before it may operate the Convenience Store on the Subject Property to the expanded hours of operation provided in this Ordinance 71-O-14. SECTION 6: Violation of any of the terms of this ordinance, Ordinance 286 of 374 72-O-14 ~3~ 40-O-05, Ordinance 43-O-10, and/or Ordinance 94-O-12 shall constitute grounds for penalties pursuant to City Code Subsection 6-3-10-5, and/or revocation, pursuant to City Code Subsection 6-3-10-6, of the Special Use for a Convenience Store on the Subject Property. SECTION 7: 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 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. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: 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 11: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 287 of 374 72-O-14 ~4~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 288 of 374 72-O-14 ~5~ EXHIBIT 1 Ordinance 94-O-12 289 of 374 9/10/2012 8/20/2012 94-0-12 AN ORDINANCE Amending the Special Use for a Convenience Store At 555 Howard Street in the B3 Business District WHEREAS,on April 12,2005,the City Council enacted Ordinance 40-0- 05,which,pursuant to Subsection 6-9-4-3 of the Evanston City Code,1979,as amended (the "City Code"),granted a Special Use Permit for a Convenience Store at 555 Howard Street in the B3 Business District (the "Subject Property");and WHEREAS,on June 28,2010,the City Council enacted Ordinance 43-0- 10,attached hereto as Exhibit 1 and incorporated herein by reference,amended said Special Use Permit;and WHEREAS,ZIF Enterprises,Inc.(the "Applicant"),current owner of the Subject Property,has requested that the City Council amend the restrictions on the hours of operations of said Special Use,imposed,pursuant to City Code Subsection 6-3-5-12, by Section 3-C of Ordinance 40-0-05,and amended by Section 2 of Ordinance 43-0-10; and WHEREAS,at its meeting of September 10,2012,the Planning and Development ("P&D")Committee of the City Council considered the Applicant's request and recommended that the City Council approve certain amendments to the permitted hours of operation;and WHEREAS,at its meeting of September 10,2012,the City Council considered and adopted the records and recommendations of the P&D Committee, 290 of 374 94-0-12 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON,COOK COUNTY,ILLINOIS,THAT: SECTiON 1:The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2:The City Council hereby amends the condition set forth in Section 3-C of Ordinance 40-0-05,as amended by Section 2 of Ordinance 43-0-10,to read as follows: The special use approved hereby:a)shall not operate prior to 6:00 a.m. nor later than 8:00 p.m.any day;and b)shall sell only prepackaged food and/or beverages,all for consumption off the subject property.Foods and beverages which either require cooking or heating,or which are customarily cooked or heated prior to consumption,shall not be sold. SECTION 3:No sooner than six (6)months after the effective date of this ordinance,the P&D Committee may evaluate the effects of this ordinance and consider additional amendments to the hours of operation as amended herein. SECTION 4:Except as otherwise provided for herein,all applicable regulations of Ordinances 40-0-05 and 43-0-10 and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same.To the extent that the provisions of any of said documents conflict with the terms of this ordinance,this ordinance shall govern and control. SECTION 5:The Applicant,at its cost,shall record a certified copy of this ordinance,including any Exhibits attached hereto,with the Cook County Recorder of Deeds before it may operate the Convenience Store on the Subject Property between 6:00 a.m.and 7:00 a.m.and/or between 7:00 p.m.and 8:00 p.m.on any day. -2-291 of 374 94-0-12 SECTION 6:Violation of any of the terms of this ordinance,Ordinance 40-0-05,and/or Ordinance 43-0-10 shall constitute grounds for penalties pursuant to City Code Subsection 6-3-10-5,and/or revocation,pursuant to City Code Subsection 6- 3-10-6,of the Special Use for a Convenience Store on the Subject Property. SECTION 7: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 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. SECTION 9:All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10: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 11:This ordinance shall be in full force and effect from and after its passage,approval,and publication in the manner provided by law. 292 of 374 Introduced:~Y\bLr /0,2012 AdoPted:~10,2012 Attest: 94-0-12 Approved: ~!2 ,2012-~/~ Approved as to form: W.Gr nt Farrar,Corporation Counsel -4-293 of 374 EXHIBIT 1 Ordinance 43-0-10 94-0-12 294 of 374 Effective Date:July 16,2010 43-0-10 AN ORDINANCE 5/26/2010 Amending the Special Use for a Convenience Store At 555 Howard Street in the B3 Business District WHEREAS,on April 12,2005,the City Council enacted Ordinance 40-0-05,attached hereto as Exhibit A and made a part hereof,which,pursuant to Subsection 6-9-4-3 of the Evanston City Code,1979,as amended (the "City Code"),granted a Special Use for a Convenience Store at 555 Howard Street in the B3 Business District (the "Subject Property");and WHEREAS,ZIF Enterprises,Inc.(the "Applicant"),current owner of the Subject Property,has requested that the City Council eliminate the restrictions on the hours of operations of said Special Use,imposed by Section 3-C of Ordinance 40-0-05,pursuant to City Code Subsection 6-3-5-12;and WHEREAS,at its meetings of May 24,2010 and June 14,2010,the Planning and Development Committee of the City Council considered the Applicant's request and recommended that the City Council approve certain amendments to the permitted hours of operation;and WHEREAS,at its meetings of May 24,2010,June 14,2010,and, June 28,2010,the City Council considered and adopted the records and recommendations of the Planning and Development Committee, NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON,COOK COUNTY,ILLINOIS: 295 of 374 43-0-10 SECTION 1:That the foregoing recitals are found as fact and incorporated herein by reference. SECTION 2:That the City Council hereby amends the condition set forth in Section 3-C of Ordinance 40-0-05 to read as follows: The special use approved hereby:a)shall not operate prior to 7:00 a.m.nor later than 7:00 p.m.any day;and b)shall sell only prepackaged food and/or beverages,all for consumption off the subject property.Foods and beverages which either require cooking or heating,or which are customarily cooked or heated prior to consumption,shall not be sold. SECTION 3:That,no later than ninety (90)days after the effective date of this ordinance,City staff shall issue a report to the Planning and Development Committee on the effects of this ordinance so that the Committee may re-evaluate the hours of operation as amended herein. SECTION 4:That the Applicant,at its cost,shall record a certified copy of this ordinance,including all Exhibits attached hereto,with the Cook County Recorder of Deeds before it may operate the Convenience Store on the Subject Property between 4:00 and 7:00 p.m.on any Saturday,and/or between 7:00 a.m.and 7:00 p.m.on any Sunday. SECTION 5:That,except as otherwise provided for herein,all applicable regulations of Ordinance 40-0-05 and the entire City Code shall appiy to the Subject Property and remain in full force and effect with respect to the use and development of the same.To the extent that the terms and provisions of any of said documents conflict with the terms of this ordinance,this ordinance shall govern and control. -2- 296 of 374 43-0-10 SECTION 6:That violation of any of the terms of this ordinance and/or Ordinance 40-0-05 shall constitute grounds for revocation,pursuant to Subsection 6-3-10-6 of the City Code,of the Special Use for a Convenience Store on the Subject Property. SECTION 7:That,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 8:That 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 9:That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 10:That this ordinance shall be In full force and effect from and after its passage,approval,and publication in the manner provided by law. -----t.-F--'-__--==_,2010 Introduced:__..L--r-'-__'2010 Adopted:_--"'---{.'--"'.---t ,2010 Approved as to form: y,6~ W.Grant Farrar,City Attorney 297 of 374 EXHIBIT A Ordinance 40-0-05 -4- 43-0-10 298 of 374 '.'.",,+",.,,\l··U·ORDIHANCII!','.."..'",""/"'''''1';~}~~i?i~~~#~~,~:~~~,.~~,·~'~;~:~ii~~~:~~': ".,nvillnIGn'iji'$tON,at1515 HoWiiml8~t;;;it:~@Ml~~~;fi:Wi;~~f,,'!~~r·'~·$~.~?){~,t(t:1i{t~t~~iM~1\' "E~Asiiii~;Zo~ln 'B6ard Ap ....lIs (~lBAi.')m~t~dff;'F·;~;"~l"~' "YfiledJf ;;John.E)PeterSOn.Jr.,OWrierofthe;'ro'ftiJat;';:;l.f,i~f~~~~~,+~ct;·~,,~,;\~t~I~~~ :i;'WHEREAS~:i1i$'?iBA':after'hearing;tesufflon '{'andf{'"i;~;~;k\iii~~~';A ri(~;'.;::,:·....... ..":~i;ij;:r~f;i)!11;!: a~:~a,:,;~ffit:itlm·':ccirdand Written'findin s·thaf'·ih'e:'a""ii~.~~~fl~1~;~'~'_i"~g"r~ii'~ ."cj'!f"'io''il1\'i'ieiidecfCitY'Council a .roval thereof.anci':;;,iii;~Ii;:i;ii!lftt~ifl~iW~H~n;hi~g:~,~d ;velop4~~:,.~~~~~t~f;~\~:'.Jtlh~1;Jli~w~1~1J1r}i~J:1~ili~pJri:'rec6fd findins,J~~~~~'~U\f&i~;!j\1~1;,R1I\1f't';:~~~:~?~tr·{l~!f~:·:;;J(·'!.:'~:':~'/·:!<::i[:,:<':":'>.".::;.'.",Y:,..," ,.',.~;:,.:·:t.:f,:~5~;;:·i:~~t~:~j>i).~~i~:t:M"i;'''fffiffe&lrrf·''~ridiiddtY:col.!ncilapprOvalthefifuMl1rfdt~;,:JI41i:~'~~~~'~"i~;i~{1.'";'reoomme'lidauohs,of [heZM aftd'iMRWlin!i\'··"\t~"j(~~\i1&:i~~~j~' ~!=fiQ~~}-'ifE3!=!,';r.Q,tW."'.I~EQJi.~"/;i",,,:~~~iRg~~ti)~.I;~:'!;<i;,:<.j ~'lii::i:\~':r.~:,r;~~;1;;J '\f~'i~;~~j ;:~'fiii,~it?;i N'f.COOK,COUNT¥"':ILLINOJS:)'l::i:'f'·"'o,'~2,~j~~i~ilt~! 299 of 374 300 of 374 ashes,street'i::!eanings,abandoned automobiles~solid business,"com~~I;and, industrial wastes,:paper,wrappings,cigarettes,cardboard,tiD cans,glass,;be(i(llng; Crockery and similar materials;,and all other waste materfalswhlch,if'throWn:,'or" deposited as herein prohibited,may create a danger to public health,safety,or weifare.;, ,.,,..''. ,, D.'The u~approved'hereby shall be al~only as an accessory use',Io:an autOmobile SerVIce station as the pril'lCipal use devOting rio less than fifty PerOO'ot<50%)of the'"building on the,'subjec1 property for automotiVe s&rvi~bays.,,;:::;>;!" ,-.':.::',' SECTION 4:That all ordinances or parts of on:jinanees in conlUet c.'Af,represented by the Applicant to the ZBA,ttre special use approved hereby:, a)shall not operate prior to 7:00 a.m.nor later than 7:00 p.m.,on weekdays,:Shall,(1Ot operate,prior to 7:00a.m.nor later than 4:00 p.m.on Saturdays,and shall not op41lrala on Sundays;Ilnd b)shall sell only prepacki.tged food and/or b6v8rages.all for POnsumption off ,the subject'property.Foods and bevemges which either ~uire cooking or neating;or which are customarily cooked or heated prior 10 ConSumption; ~~be~,'", • ' '",1 ~...'. ";,. ," " '..' ,~. .....'. 301 of 374 ....; '~.~ .!"~, ."': :::~ "Ii,;~,.)~ ...,..w,'~ ,I .~rn ,J'1,~'.'..Jc 'it .'..•~ .....;~~~ .X4: .,::?~* .,.." ,.~. ',.:.;',' .'}.:" j ," "'"'".:"''if} .•.;:.c.•.~.•,•.:,i,..•l..t.l "',5'i,:. ,',. " :,' ,.... I;.(. ·::.f' ". .., ",:.'".,.... .:,': '..~: ;'"' ..... ',,',..,'. ,i.~ ;',' "\.... ,'" .;'. ,.i\;-', ',' .,.. ·1· ,, "', ," ,1, , ~.i '.;, ,~.;.,. o.,'. .:1' ~'.'! ,.\'.': .., ..•.. '.',,' ..,::. .':. 'j' .'" ..,' ....j. ,:' .... ".:.' ~., 'I'......;. .':. ",' I,' '.,:. ". ;,...'.. -.,:~. 'r. ','" ~.' ",. ," ",' :;: .', :"' .,.... /: .','i~"' .,': '(PERMANENT INDEX NOS.11-30-211-008:0000,11·30-009.()OOO.11~30-211. 010:.0000,11~30 211·011.()OOO,AND 11·30:-211.()12·0000), :.~' ":'" ~,.... ..;. ";"'. ..,.~, "~. ,LOTS 3";-4,:5,6 AND 7 IN BLOCK 3 OF NILES HowARD TERMINAL ADPITIQN./\$UBD1VISIQN OF TH.E SOUT.H 6,25 CHAINS (412,5 FEI:T).QF THAT PART OF'THE NORTHEAST 1/4 OF SECTION 30,TOWNSHIP 41 ,NORTH,'~GE.14,EAST OF THE THIRD PRINCIPAL MERIDIAN,LYING. ,WEST OF THE RIGHT-oF·WAY OF THE CHICAGO NORTHWESTERN :RAI.LRO!.ID.IN COOK COUNTY,ILLINOIS,,'........ .,." ..' .... ". ;.. ,,', ,~:.' ~.;;:•.:. .,;;:,'....,. 302 of 374 '.' .... "..:'. ".':" :A. ".} .1,>\.'.:',-',.', ,'. '.' ;': .~ ;', ,':' .~. ,:::'., ,.;, :" , •,I .~.: ., I,·,. >."' ',.'. ";"., ""':'.'.:'•.1' !l.l!::=·=!:l,\l '-" '.", '. '1! ','_.....-."'._----...--.,..-..."" .. ,« ':!,. ii H :i ,:i "J'.; "..',:," 303 of 374 For Planning & Development meeting of May 27, 2014 Item P3 Business of the City by Motion – Sidewalk Café, The Lucky Platter For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Evonda Thomas-Smith, Health Department Director Subject: Sidewalk Café for The Lucky Platter Date: May 19, 2013 Recommended Action: Staff recommends approval of a first-time application for a sidewalk café (SWC) permit for The Lucky Platter, a Type #1 Restaurant located at 514 Main St. Funding Source: Not applicable. Summary: At the May 7, 2014 Site Plan and Appearance Review Committee (SPAARC) meeting with representatives from The Lucky Platter, Derek Gaspar and Eric Young, in attendance the committee reviewed the findings of the Health Department, Engineering Division and Legal Department. The Committee approved the request for a SWC permit. Legislative History: Considered at the May 7, 2014 SPAARC meeting; committee voted to recommend approval of the application as submitted. Alternatives: Not applicable. ------------------------------------------------------------------------------------- Attachments: SWC Application The Lucky Platter SWC Site Plan The Lucky Platter SWC SPAARC Recommendation The Lucky Platter Memorandum 304 of 374 305 of 374 306 of 374 307 of 374 308 of 374 309 of 374 310 of 374 311 of 374 312 of 374 313 of 374 314 of 374 315 of 374 316 of 374 317 of 374 318 of 374 319 of 374 320 of 374 321 of 374 For City Council meeting of May 27, 2014 Item P4 Ordinance 56-O-14: Definition and Land Use Regulations for Aquaponics. For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Department Damir Latinovic, Neighborhood and Land Use Planner Subject: Ordinance 56-O-14 Amending the Zoning Ordinance to Establish the Definition and Land Use Regulations for Aquaponics Date: April 25, 2014 Recommended Action The Plan Commission and City staff recommend amending the Zoning Ordinance to establish a definition and land use regulations for aquaponics. As proposed, an aquaponics establishment would be allowed as a special use in the B, C, I and M districts. This ordinance was introduced at the May 12, 2014 City Council meeting. Summary The proposed aquaponics land use regulations were presented to the Zoning Committee of the Plan Commission and the Plan Commission in Spring and Summer of 2012. The Plan Commission forwarded a positive recommendation to the City Council but because of the priority of other items and the lack of formal applications for aquaponics establishments, the proposed text amendment was not presented to the City Council. Because the official recommendation by the Plan Commission took place approximately 20 months ago, City’s legal counsel recommended presenting the proposed text amendment again to the Plan Commission before the proposal is introduced to the City Council. Staff has not made any changes to the proposal since it was last heard by the Plan Commission. As such, at its April 9, 2014 meeting, the Plan Commission confirmed their initial review and made a positive recommendation regarding the proposed text amendment to the City Council. Proposal Overview Aquaponics is the symbiotic propagation of plants and fish in an indoor or outdoor re- circulating environment that results in the harvest of said plants or fish. More simply, plants that are edible or may cultivate produce are grown whereby water and nutrient materials used by the plants are circulated to tanks that harvest edible fish. The fish waste and water Memorandum Page 1 of 5 322 of 374 is processed by bacteria and sent back to containers growing plants to serve as nutrients for plants (Diagram 1). In essence, both the plants and fish feed off of each other and create a symbiotic relationship that cultivates a highly sustainable, often organic, clean product available for consumption. Diagram 1: Aquaponics system Many types of aquaponics systems are available. They can include small indoor systems, such as hoop-houses or larger commercial-scale systems located in vacant warehouse buildings or outdoor systems open to the sky. Currently, aquaponics is not a specifically regulated land use, and would therefore fall under the same regulations as livestock or agriculture, which are not permitted as primary uses within the city. An aquaponic system however is permitted as an accessory use in residential and nonresidential districts. Because of the multitude of variables aquaponics establishments may have, approval of such businesses on a case by case, site specific basis is needed and is more appropriate. This can be done adequately through the special use process in the business, commercial, industrial and employment districts. As such, the aquaponics establishments can be given consideration based on the type of system, indoor or outdoor use, proximity to neighboring businesses or residences, and whether or not the proposed set up is compatible with the surrounding uses and properties. The special use process also allows the City to condition any special use permit to eliminate potential nuisance issues that may arise. Staff believes aquaponics establishments are not seen as compatible uses in the downtown area, the Research Park or the office districts. Page 2 of 5 323 of 374 Proposed Land Use Regulations Staff proposes the following land use definition: Aquaponics: the symbiotic propagation of plants and fish in an indoor or outdoor re- circulating environment that results in the harvest of said plants or fish. The proposed land use regulations are summarized in the table below: Current Regulations Proposed Regulations Comment Aquaponics Considered agriculture and/or livestock operations and as such is not permitted in any district as a primary use. Special Use in B1, B1a, B2, B3, C1, C1a, C2, I1, I2, I3, MU, MUE, MXE. Special Use would be required when aquaponics is proposed as a primary use. Aquaponics would remain to be allowed in any district when proposed as an accessory use to an established primary use on the property. The City’s Health Department does not intend to create specific regulations for aquaponics establishments. The Illinois Department of Public Health would be involved with aquaponics operations if the establishment processes the fish on site, or if any produce is processed or packaged on site. The Food and Drug Administration and Illinois Department of Natural Resources also include regulations for commercial aquaponics establishments. Regulations in other Municipalities Other municipalities, including the City of Chicago and the City of Milwaukee already have zoning regulations in place for aquaponics. The City of Chicago regulates aquaponics under the classification of ‘Urban Farms’ which are by-right permitted uses in some business districts, on rooftops of all downtown districts, and indoors or on rooftops in manufacturing districts. Aquaponics establishments are also allowed as special uses in all commercial districts. There are currently multiple aquaponics establishments throughout Chicago, including FarmTower Co. and Growing Power. The City of Milwaukee has allowed aquaponics for several years. The establishments are by-right permitted in all residential and industrial zoning districts, as well as by special use in certain commercial areas. The City of Milwaukee currently does not have any outdoor aquaponics establishments, likely because the climate would prohibit a year round establishment from flourishing. There is, however, one functioning indoor aquaponics establishment within the city limits, another underway in the permitting process, and one potential user that is in the process of securing a site. Page 3 of 5 324 of 374 Compliance with the Comprehensive Plan The proposal is consistent with the 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 proposal meets the Plan’s goal to establish a clean and attractive environment that preserves natural resources and promotes health and high quality of life. The aquaponics establishment is an alternative to traditional farming practices and is better suited for urban environments. The proposal is also consistent with the Plan’s objective to promote awareness of environmental issues and encourage practices that sustain a healthful environment. Since most aquaponic fish and vegetables are consumed within a 60 mile radius of where they are harvested, the residents of Evanston stand to benefit from the fresh fish and organic produce. Specific zoning regulations for aquaponics will encourage green, sustainable farming techniques that will provide fresh, organic fish and produce to the community, while potentially utilizing existing warehouse and/or industrial sites. Standards of Approval The proposed Zoning Ordinance Text Amendment to define and establish land use regulations for aquaponics meets the standards for approval of amendments in Section 6- 3-4-5 of the City Code. The proposal is consistent with and meets the goals of the Comprehensive General Plan as outlined above. The proposed regulations will encourage sustainable food production and further City’s goal of becoming the most livable city in the country. By allowing the aquaponics as a special use in the B, C, I and M zoning districts, each application will be reviewed by the Plan Commission and City Council to make sure the proposed use will be adequately served by public services and is compatible with the surrounding uses. The proposed amendment will not have an adverse effect on the existing properties and uses in the City, but could reenergize underutilized properties and commercial areas. Legislative History April 9, 2014 – The Plan Commission made a positive recommendation to the City Council by a vote of 6:0. The Commission briefly discussed allowing the Aquaponics as a by-right permitted use in I and M zoning districts rather than a special use. The Commission, however, concluded by forwarding a positive recommendation of the proposed amendment as proposed by staff to allow the proposed use only as a special use because the use is still relatively unknown. The Commission found the proposed amendment meets the standards for approval per Section 6-3-4-5 of the Zoning Ordinance. Page 4 of 5 325 of 374 July 11, 2012 - The Plan Commission made a positive recommendation to the City Council by a vote of 8:0 noting the proposal is consistent with the amendment approved by the Zoning Committee of the Plan Commission. May 16, 2012 - The Zoning Committee of the Plan Commission made a positive recommendation to the Plan Commission by a vote of 6:0 regarding the proposed text amendment for the Aquaponics. The Commission also stated there is a need to introduce Urban Farms and Community Gardens in the City of Evanston. April 30, 2012 - The Zoning Committee of the Plan Commission discussed the proposal for a Zoning Ordinance Text Amendment for Aquponics and similar type of establishments such as hydroponics and fish farming. The Commission expressed the use should not be allowed in residential districts as a primary use but asked for more information about regulations in other cities. The Committee concluded by continuing the case to the next meeting on May 16, 2012 by a vote of 5:0. Attachments Proposed Ordinance 56-O-14 Plan Commission Draft Meeting Minutes 04.09.14 Plan Commission Packet 04.09.14 Page 5 of 5 326 of 374 04/04/2014 56-O-14 AN ORDINANCE Amending Portions of the Zoning Ordinance to Create the “Aquaponics” Use WHEREAS, on April 9, 2014, the Plan Commission held a public hearing, pursuant to proper notice, regarding case no. 14PLND-0020 to consider various amendments to the text of Title 6 of the Evanston City Code of 2012, as amended (the “Zoning Ordinance”), relating to the creation of the Use known as “Aquaponics;” and WHEREAS, the Plan Commission received testimony and made written findings pursuant to Section 6-3-4-5 of the Zoning Ordinance that the proposed amendments met the standards for text amendments, and recommended City Council approval thereof; and WHEREAS, at its meeting of May 12, 2014, the Planning and Development Committee of the City Council considered and adopted the findings and recommendation of the Plan Commission in case no. 14PLND-0020 and recommended City Council approval thereof; and WHEREAS, at its meetings of May 12, 2014 and May 27, 2014, the City Council considered and adopted the records and recommendations of the Plan Commission and the Planning and Development Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. 327 of 374 56-O-14 ~2~ SECTION 2: Section 6-18-3 of the Zoning Ordinance , “Definitions,” is hereby amended to include the following: AQUAPONICS: The symbiotic propagation of plants and fish in an indoor or outdoor re-circulating environment that results in the harvest of said plants or fish. SECTION 3: Subsection 6-9-2-3 of the Zoning Ordinance, “Special Uses” in the B1 Business District, is hereby amended to include “Aquaponics.” SECTION 4: Subsection 6-9-3-3 of the Zoning Ordinance, “Special Uses” in the B2 Business District, is hereby amended to include “Aquaponics.” SECTION 5: Subsection 6-9-4-3 of the Zoning Ordinance, “Special Uses” in the B3 Business District, is hereby amended to include “Aquaponics.” SECTION 6: Subsection 6-9-5-3 of the Zoning Ordinance, “Special Uses” in the B1a Business District, is hereby amended to include “Aquaponics.” SECTION 7: Subsection 6-10-2-3 of the Zoning Ordinance, “Special Uses” in the C1 Commercial District, is hereby amended to include “Aquaponics.” SECTION 8: Subsection 6-10-3-3 of the Zoning Ordinance, “Special Uses” in the C1a Commercial District, is hereby amended to include “Aquaponics.” SECTION 9: Subsection 6-10-4-3 of the Zoning Ordinance, “Special Uses” in the C2 Commercial District, is hereby amended to include “Aquaponics.” SECTION 10: Subsection 6-13-2-3 of the Zoning Ordinance, “Special Uses” in the MU Transitional Manufacturing District, is hereby amended to include “Aquaponics.” 328 of 374 56-O-14 ~3~ SECTION 11: Subsection 6-13-3-3 of the Zoning Ordinance, “Special Uses” in the MUE Transitional Manufacturing District, is hereby amended to include “Aquaponics.” SECTION 12: Subsection 6-13-4-3 of the Zoning Ordinance, “Special Uses” in the MXE Mixed Use Employment District, is hereby amended to include “Aquaponics.” SECTION 13: Subsection 6-14-2-3 of the Zoning Ordinance, “Special Uses” in the I1 Industrial District, is hereby amended to include “Aquaponics.” SECTION 14: Subsection 6-14-3-3 of the Zoning Ordinance, “Special Uses” in the I2 Industrial District, is hereby amended to include “Aquaponics.” SECTION 15: Subsection 6-14-4-3 of the Zoning Ordinance, “Special Uses” in the I3 Industrial District, is hereby amended to include “Aquaponics.” SECTION 16: 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 17: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 18: 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. 329 of 374 56-O-14 ~4~ SECTION 19: 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 330 of 374 DRAFT Page 1 of 3 Plan Commission Minutes 04/09/2014 MEETING MINUTES PLAN COMMISSION Wednesday, April 9, 2014 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Scott Peters (Chair), Jim Ford, Colby Lewis, Carol Goddard, Terri Dubin, Richard Shure Members Absent: Lenny Asaro, Andrew Pigozzi, Kwesi Steele, Associate Members Present: Seth Freeman, Stuart Opdycke, Associate Members Absent: David Galloway, Staff Present: Damir Latinovic, Neighborhood and Land Use Planner Mario Treto, Assistant City Attorney Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM Chairman Peters called the meeting to order at 7:00 P.M and explained the general meeting procedure, schedule, agenda items, time limits on public testimony and opportunities for cross examination of witnesses. Chairman Peters concluded the opening statement by saying that the Plan Commission forwards a recommendation to the City Council which makes the final determination on any matters discussed by the Plan Commission. 2. APPROVAL OF MEETING MINUTES: March 12, 2014 Commissioner Ford made a motion to approve the minutes as prepared. Commissioner Goddard seconded the motion. A voice vote was taken and the minutes were approved by voice call 6-0. 3. NEW BUSINESS … B. TEXT AMENDMENT TO THE ZONING ORDINANCE 14PLND-0020 Consider a text amendment, pursuant to City Code Title 6 Zoning, to discuss the zoning definition and land use regulations for Aquaponics. Mr. Latinovic provided a brief overview of the proposed text amendment and the staff report memo. Mr. Latinovic noted the proposal was presented and approved by the Zoning Committee and Plan Commission in spring and summer of 2012, but was never 331 of 374 DRAFT Page 2 of 3 Plan Commission Minutes 04/09/2014 presented to the City Council. Because of the time lapse, staff is presenting the text amendment to the Plan Commission again without any changes to the proposal. Mr. Latinovic explained the process by which the plants and fish are cultivated in a symbiotic environment. Because the use is rather new and can vary significantly in type, and size, in 2012 staff and the Plan Commission recommended allowing the use only as a special use in B, C, M and I districts. Staff is not proposing any changes to that proposal and again recommends approval of the proposed text amendment. Commissioner Lewis asked how such uses would not be allowed as a by-right permitted use in the industrial districts like any other light-manufacturing use. Mr. Latinovic stated that because of the unknowns on the size and type of the use, it was determined that such uses be best allowed as special uses in any district to have more control over how to regulate the use and evaluate any potential impact it may have on surrounding uses. Commissioner Lewis asked what other types of activities take place at these facilities. Mr. Latinovic stated other activities such as processing and deliveries are most common but vary from place to place based on business model and scale. Through special use review, the City can evaluate truck access, food production (if any), parking requirement, hours of operation, etc. Commissioner Shure commented that he had visited the largest aquaponic establishment in the US located in Wisconsin. That business did not have a license to process the fish on site but it did sell their products within a 60-mile radius. So there is a sustainable component of this type of use that is very important and beneficial to the City. Commissioner Lewis made a motion to approve the proposal as presented by staff. Commissioner Ford seconded the motion. Chairman Peters proceeded to read and evaluate the standards for approval of a text amendment for the case and confirmed with all members that all standards have been met. A voice vote was taken and the motion was approved by voice call 6-0. Commissioner Peters then proceeded to read and evaluate the standards for approval of a text amendment for the micro-brewery case and confirmed with the rest of the members that all standards have also been met for the first case. Commissioner Peters asked if there is anybody from the public that wishes to speak on either of the two cases heard already. He stated that if necessary, based on any testimony presented, the Commission reserves the right to reopen either of the first two cases even though the Commission already voted on the matters. Jon Gareth Proctor, 1013 Darrow Avenue, stated that he has been running an aquaponics system on his property for the last 23 years so if the Commission has any specific questions on that topic he would be happy to try and answer them. Mr. Proctor also asked why the use is being proposed only as a special use in certain districts and why not as a permitted use in industrial districts. 332 of 374 DRAFT Page 3 of 3 Plan Commission Minutes 04/09/2014 Commissioner Lewis explained that just like the agriculture use it is not permitted. Chairman Peters stated that the use has many different types, sizes and neighbors and all of those can be better analyzed as a special use. Mr. Proctor stated in Chicago in industrial areas the use is permitted as a permitted use, so some businesses might just locate in Chicago where it may be easier and faster to open. Commissioner Opdycke stated that the use is a new and uncharted territory so the special use is the way to go in this case at this time. In 20 years perhaps it maybe be allowed as a permitted use in certain districts but not right away. Mr. Proctor stated there are several residential properties that have this as an accessory use. Commissioner Freeman asked Mr. Proctor if he knows of some businesses that would rather chose to locate in Chicago because it is easier and faster approved, to which Mr. Proctor clarified he does not know at this point if any investors feel that way. Commissioner Freeman stated he would love to see a use like this in Evanston and would hate to see a business go to Chicago because the use is only allowed as a special use in Evanston. Commissioner Lewis agreed that it would be beneficial to the City in many ways, but through special use the City has the ability to evaluate all conditions of the use and the property. He feels he speaks for all Commissioners, this type of use is generally seen very favorably by everyone. Chairman Peters asked staff to summarize the Commission’s discussion on this in the report to the City Council. … 4. ADJOURNMENT There being no further discussion, Commissioner Shure motioned to adjourn the meeting, and Commissioner Goddard seconded the motion. The meeting was adjourned at 8:45 pm. Respectfully Submitted, Damir Latinovic Neighborhood and Land Use Planner Community Development Department 333 of 374 Zoning Ordinance Text Amendment Aquaponics 14PLND-0020 334 of 374 1 | Page To: Chair and Members of the Plan Commission From: Mark Muenzer, Director of Community Development Damir Latinovic, Neighborhood and Land Use Planner Subject: Zoning Ordinance Text Amendment Aquaponics – 14PLND-0020 Date: March 17, 2014 Summary Staff recommends adding the zoning land use definition for aquaponics establishments and recommends such establishments be allowed by special use in the B1, B1a, B2, B3, C1, C1a I1, I2, I3, MU, MUE and MXE Districts. Background The proposed aquaponics land use regulations were presented to the Zoning Committee of the Plan Commission on April 30, 2012 and May 16, 2012. On May 16, 2012 the Zoning Committee made a positive recommendation to the Plan Commission to establish a land use definition for the aquaponics and allow it as a special use in all B, C, I and M districts. The Plan Commission considered the proposed text amendment on July 11, 2012. Upon review, the Plan Commission agreed with the findings of the Zoning Committee and forwarded a positive recommendation for the text amendment to the City Council. Since then, due to the priority of other projects and lack of any proposals for aquaponics establishments in the City, the proposed text amendment was never presented to the City Council. Because the official recommendation by the Plan Commission took place approximately 20 months ago, City’s legal counsel recommended presenting the proposed text amendment again to the Plan Commission before the proposal is introduced to the City Council. Staff has not made any changes to the proposal since it was last heard by the Plan Commission. Proposal Summary Aquaponics is the symbiotic propagation of plants and fish in an indoor or outdoor re- circulating environment that results in the harvest of said plants or fish. More simply, plants that are edible or may cultivate produce are grown, and the waste materials produced by the plants are sent to tanks that harvest fish that may also be edible. The Memorandum 335 of 374 2 | Page fish waste is then sent back to the plants and serves as nutrients to the plants. In essence, both the plants and fish feed off of each other and create a symbiotic relationship that cultivates a highly sustainable, often organic, clean product available for consumption. Many types of aquaponics setups are available and profitable, and include indoor systems that can locate in vacant warehouse buildings, as well as outdoor systems that can be open to the sky or include hoop-houses. (Images attached provide clarification on the varying types of aquaponics) Currently, aquaponics is not a specifically regulated land use, and would therefore fall under the same regulations as livestock or agriculture, which are not permitted as primary uses within the city. An aquaponic system however is permitted as an accessory use in residential and nonresidential districts. In the past, City staff has received inquiries from potential aquaponics businesses that would like to locate in Evanston. Because of the multitude of variables aquaponics establishments may have, approval of such businesses on a case by case, site specific basis is needed. This can be done adequately through the special use process in the B, C, I, and M Districts. As such, the aquaponics establishments can be given consideration based on the type of system, indoor or outdoor use, proximity to neighboring businesses or residences, and whether or not they are a compatible use in the proposed area. The special use process also allows the City to condition any special use permit to eliminate potential nuisance issues that may arise. Staff believes aquaponics establishments are not seen as compatible uses in the D, RP, or O1 Districts. Proposed Land Use Regulations Staff proposes the following land use definition: Aquaponics: the symbiotic propagation of plants and fish in an indoor or outdoor re- circulating environment that results in the harvest of said plants or fish. The proposed land use regulations are summarized in the table below: Current Regulations Proposed Regulations Comment Aquaponics Considered agriculture and/or livestock operations and as such is not permitted in any district as a primary use. Special Use in B1, B1a, B2, B3, C1, C1a, C2, I1, I2, I3, MU, MUE, MXE. Special Use required only when aquaponics is the primary use. Aquaponics is currently allowed in any district when deemed accessory use to an allowed primary use. The City’s Health Department does not intend to create specific regulations for aquaponics establishments. The Illinois Department of Public Health will be involved with aquaponics operations if an establishment processes the fish on site, or if any produce is processed or packaged on site. The Food and Drug Administration and Illinois Department of Natural Resources have regulations that all aquaponics establishments must follow as well. 336 of 374 3 | Page Regulations in other Municipalities Other municipalities, including the City of Chicago and City of Milwaukee, have zoning regulations in place for aquaponics. Chicago regulates aquaponics under the classification of ‘Urban Farms’ which are permitted uses in some B Districts, on rooftops of all D Districts, and indoors or on rooftops in manufacturing districts. Aquaponics establishments are also allowed in Chicago by special use in all C Districts. There are currently multiple aquaponics establishments throughout Chicago, including FarmTower Co. and Growing Power. Milwaukee has allowed aquaponics for nearly five years. The establishments are permitted in all residential and industrial zoning districts, as well as by special use in certain commercial areas. Milwaukee currently does not have any outdoor aquaponics establishments, likely because the climate would prohibit a year round establishment from flourishing. Milwaukee currently has one functioning aquaponics establishment within the city limits, another underway in the permitting process, and one potential user that is in the process of securing a site. Compliance with the Comprehensive Plan The use and regulation of aquaponics for sustainable farming of both fish and plants is a green alternative to traditional farming practices. Aquaponics fit well with the Comprehensive Plan and its goals and objectives. From a commercial perspective, aquaponics support the following goals and objectives of the Comprehensive Plan: Goal: A clean and attractive environment that preserves natural resources and promotes health and a high quality of life. Objective: Promote awareness of environmental issues and encourage practices that sustain a healthful environment. Since most aquaponic fish and vegetables are consumed within a 60 mile radius of where they are harvested, the residents of Evanston stand to benefit from the fresh fish and organic produce. Specific zoning regulations for aquaponics will help Evanston achieve the positive goals and objectives sited in the Comprehensive Plan by encouraging green, sustainable farming techniques that will provide fresh, organic fish and produce to the community, while utilizing existing warehouse and/or industrial sites. Recommendation Staff recommends Plan Commission make a positive recommendation to the City Council for the proposed land use regulations for aquaponics establishments. Attachments Images – Different Types of Aquaponics Contact List for Existing Aquaponics Establishments Plan Commission Meeting Minutes 7.11.12 Zoning Committee of the Plan Commission Meeting Minutes 5.16.12 Zoning Committee of the Plan Commission Meeting Minutes 4.30.12 337 of 374 Indoor residential aquaponics – hobby scale, ornamental fish Aquaponics as a landscaping feature Outdoor residential aquaponics – pond and small garden scale Example of the floating island system with plant roots used in many aquaponic systems 338 of 374 Commercial greenhouse aquaponic system with floating islands Indoor commercial scale aquaponic system with floating islands Outdoor commercial aquaponic system with separated fish and plants – water is transported back and forth between the two Indoor commercial aquaponic system 339 of 374 Existing Aquaponics Establishments in the Region Growing Power 5500 W. Silver Spring Drive, Milwaukee, WI 53218 Website: www.growingpower.org Contact: staff@growingpower.org Tel: 414.527.1546 Chicago Projects Office: 3333 S. Iron Street, Chicago, IL 60608 Contact: chicago@growingpower.org Tel: 773.376.8882 FarmTower Co. 2545 W. Diversey Ave, Chicago, IL 60647 Website: www.farmtower.co Contact: info@farmtower.co Tel: 312.469.0239 Endless Greens 1013 Darrow Avenue, Evanston, IL 60202 (home business, consultant) Website: www.endlessgreens.com Contact: Gareth Proctor, gareth@endlessgreens.com Tel: 847.890.2885 Mr. Proctor is interested in bringing commercial aquaponics establishments to the City of Evanston. He has been a wealth of knowledge on the technical aspects of the industry. He welcomes any questions or concerns. 340 of 374 APPROVED Page 1 of 2 Plan Commission Minutes MEETING MINUTES PLAN COMMISSION Wednesday, July 11, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Jim Ford, Seth Freeman, Kwesi Steele, Patricia Ledesma, Scott Peters (Chair), Richard Shure, Lenny Asaro, Barbara Putta, Stuart Opdycke (Associate) Members Absent: David Galloway Staff Present: Craig Sklenar, Ken Cox, Melissa Klotz, Dennis Marino Presiding Member: Scott Peters, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM … 2. ZONING TEXT AMENDMENT 12PLND-0036 Consideration of the proposed text amendment to the Zoning Ordinance to discuss the regulation of aquaponics. Melissa Klotz, Zoning Planner, provided a staff report concerning the proposed text amendment to the Zoning Ordinance addressing regulations for aquaponics. Commissioner Freeman motioned to amend the proposed definition to read: “Aquaponics: The symbiotic propagation of plans and fish in an indoor or outdoor recirculating environment that may intends result in the harvest of said plants and or fish.” Commissioner Putta seconded the motion. A voice vote was taken, the amendment was approved. Commissioner Freeman motioned to approve a favorable recommendation to the City Council for the proposed zoning text amendment to provide regulations for Aquaponics Commissioner Steele seconded the motion. A voice vote was taken, the motion passed unanimously. … 3. ADJOURNMENT Commissioner Ledesma motioned for adjournment 341 of 374 APPROVED Page 2 of 2 Plan Commission Minutes Commissioner Freeman seconded the motion. The meeting adjourned at 10:32 P.M. The next regular Plan Commission meeting is scheduled for WEDNESDAY, AUGUST 08, 2012 at 7:00PM in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. Respectfully Submitted, Craig Sklenar, AICP General Planner, Community and Economic Development Department The next regular Plan Commission meeting is scheduled for WEDNESDAY, AUGUST 08, 2012 at 7pm in COUNCIL CHAMBERS of the Lorraine H. Morton Civic Center. 342 of 374 APPROVED Page 1 of 2 Evanston Zoning Committee of the Plan Commission Minutes MEETING MINUTES ZONING COMMITTEE OF THE PLAN COMMISSION Wednesday, May 16, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Dave Galloway, Stuart Opdycke (Assoc.), Patricia Ledesma Liebana, Scott Peters, Richard Shure (Chair), Seth Freeman Members Absent: Jim Ford Staff Present: Melissa Klotz, Dennis Marino, Ken Cox Presiding Member: Richard Shure, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM … A.) 12PLND-0036 TEXT AMENDMENT TO THE ZONING ORDINANCE Consideration of the proposed zoning text amendment to the Zoning Ordinance to discuss the regulation of aquaponics and other similar establishments. Melissa Klotz explained the proposed ordinance. Committee members agreed that the proposed zoning districts for the use are fine. The Committee suggested a separate definition and use regulations for Community Gardens so that they can be allowed in residential districts. Commissioner Opdycke suggested placing a special use requirement on aquaponics in all zoning districts until the City is more comfortable with the use and fully understands the implications of the use. Commissioner Ledesma Liebana agreed, and asked whether fish meal would be used, because fish meal is odoriferous. Commissioner Ledesma Liebana motioned to refer aquaponics regulations to the Plan Commission as special uses in all proposed districts. The motion was seconded by Commissioner Freeman. Commissioners agreed that the Urban Farm idea is relatively abstract, and more information must be brought to the Zoning Committee in order to create proper zoning regulations. Commissioner Peters motioned to continue the discussion on Community Gardens and Urban Farms to the July 18, 2012 Zoning Committee meeting. The motion was seconded by Commissioner Galloway. The motion passed unanimously. 343 of 374 APPROVED Page 2 of 2 Evanston Zoning Committee of the Plan Commission Minutes 2. ADJOURNMENT Commissioner Peters motioned to adjourn. Commissioner Galloway seconded the motion. The meeting adjourned at 9:15 PM. The next meeting of the Zoning Committee of the Plan Commission will be Wednesday, July 18, 2012 at 7:00 P.M., in Council Chambers of the Lorraine H. Morton Civic Center, 2100 Ridge Avenue. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 344 of 374 APPROVED Page 1 of 2 Evanston Zoning Committee of the Plan Commission Minutes MEETING MINUTES ZONING COMMITTEE OF THE PLAN COMMISSION Monday, April 30, 2012 7:00 P.M. Evanston Civic Center, 2100 Ridge Avenue, 2404 Members Present: Scott Peters, Richard Shure (Chair), Jim Ford, Dave Galloway, Stuart Opdycke (Assoc.) Members Absent: none Staff Present: Melissa Klotz, Dennis Marino, Ken Cox Presiding Member: Rich Shure, Chairman 1. CALL TO ORDER / DECLARATION OF QUORUM … A.) 12PLND-0036 TEXT AMENDMENT TO THE ZONING ORDINANCE Consideration of the proposed zoning text amendment to the Zoning Ordinance to discuss the regulation of aquaponics and other similar establishments. Melissa Klotz, Zoning Planner, provided an explanation of aquaponics and the various types, locations, and sizes aquaponics may take on, as outlined in the packet memo provided to the Committee. Ms. Klotz then asked the Committee for direction on what type of zoning regulation proposal should be brought forward. The Committee recommended further research be done as to how other communities regulate aquaponics, as well as hydroponics and fish farming. The Illinois and Wisconsin Departments of Natural Resources may have useful information for creating aquaponics regulations. The Committee suggested zoning regulations that prohibit aquaponics as a primary use in residential districts, allow such use in industrial districts, and require special use approval in the downtown area would be appropriate for further discussion. Commissioner Peters motioned to continue the consideration of aquaponics zoning regulations to the May 16, 2012 Zoning Committee of the Plan Commission so that more research could be done, and specific zoning district regulations could be brought forth. Commissioner Ford seconded the motion. The motion passed unanimously. 2. ADJOURNMENT Commissioner Peters motioned to adjourn. Commissioner Ford seconded the motion. The meeting adjourned at 8:18 PM. 345 of 374 APPROVED Page 2 of 2 Evanston Zoning Committee of the Plan Commission Minutes The next meeting of the Zoning Committee of the Plan Commission will be Wednesday, May 16, 2012 at 7:00 P.M., in Council Chambers of the Lorraine H. Morton Civic Center, 2100 Ridge Avenue. Respectfully Submitted, Melissa Klotz Zoning Planner, Community and Economic Development Department 346 of 374 For City Council meeting of May 27, 2014 Item: H1 Ordinance 34-O-14 Amending & Revising City “Property Maintenance Code” For Action To: To Honorable Mayor and Members of the City Council Members of the Human Services Committee From: Evonda Thomas-Smith Director Health Department Carl Caneva Assistant Director Health Department Subject: Ordinance 34-O-14, Amending and Revising City Code Title 5, Chapter 1, “Property Maintenance Code” Date: May 1, 2014 Recommendation: Staff recommends approval of the City Property Maintenance Code revision adopting International Property Maintenance Code of 2012 with proposed amendments. This ordinance was introduced at the May 12, 2014 City Council meeting. Background: Staff is currently enforcing property maintenance standards as adopted from the International Property Maintenance Code (IPMC) of 2003 with amendments. The Community Development Department recently updated to the International Building Code of 2013, therefore, adopting the IPMC of 2012 will be consistent with neighboring communities. The Code will provide for enforcement of the Property Maintenance Code as used in response to 311 requests and housing inspections. New elements to the amendments include: • Change of the Code Official Definition to accurately reflect activities currently implemented and enforced in the Health Department. • Modification of Pest Control Measures requiring the use of Integrated Pest Management Principles (cleaning, building pests out, etc.) to eliminate or manage pests, prior to using pesticides. • Modifications as to standards addressing diseased, infected, infested or otherwise hazardous trees. Previously, the Health Department could only enforce the City Property Maintenance Code as it pertained to dead trees. • Provide for “housekeeping” revisions to the current City Code to accurately reflect changes effected by the International Code Council from the International Property Maintenance Code of 2003 to 2012. Attachments Ordinance 34-O-14 Memorandum 347 of 374 2/17/2014 4/30/2014 34-O-14 AN ORDINANCE Amending City Code Title 5, Chapter 1, “Property Maintenance Code ” WHEREAS, the City Evanston may regulate against various nuisances and public offenses under the Illinois Municipal Code, and as a home rule entity, legislate to protect the health, welfare and safety of its residents; and WHEREAS, Article VII, Section (6)a of the Illinois Constitution of 1970, which states that the “powers and functions of home rule units shall be construed liberally,” was written “with the intention that home rule units be given the broadest powers possible” (Scadron v. City of Des Plaines, 153 Ill.2d 164, 174-75 (1992)); and WHEREAS, pursuant to 65 ILCS 5/1-2-1, the City may make all rules and regulations to carry into effect the powers granted to the City, such broad and general grant of authority complementing the City’s home rule powers; and WHEREAS, the City Council of the City of Evanston considers it in the public interest to update its Property Maintenance Code to reflect the updated changes from the International Code Council Property Maintenance Code of 2012, as its standard maintenance of existing buildings for human occupancy in the City of Evanston; and WHEREAS, at meetings held in compliance with the provisions of the Illinois Open Meetings Act (5 ILCS 120/1 et seq.), the City Council considered this Ordinance, heard public comment, made findings; and 348 of 374 2 WHEREAS, it is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid (see Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747 (2nd Dist. 1991)) and is not subject to courtroom fact-finding (see People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003)); and WHEREAS, these revisions to Title 5 of the Evanston City Code of 2012, as amended (the “Property Maintenance Code”), are intended to reflect updated revisions to the International Property Maintenance Code, include additional property regulations to enhance the image and quality of life in the City of Evanston, and reflect modifications to fine amounts, NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: Section 5-1-1 of the Property Maintenance Code, “Adoption,” is hereby further amended to read as follows: 5-1-1. ADOPTION: (A) Pursuant to the authority granted by 65 Illinois Compiled Statutes 5/1-2-4, and pursuant to its home rule powers, the City of Evanston hereby adopts by reference as its standard for the maintenance of existing buildings, the International Code Council, international property maintenance code 2003 International Property Maintenance Code of 2012 (ICC international property maintenance code”International Property Maintenance Code”), with the amendments below stated. All advisory or text notes, other than the rules and regulations contained in the ICC, international property maintenance code, be and the same are hereby expressly excluded from this chapter. (B) Any reference in the ICC, international property maintenance code 2003International Property Maintenance Code, to "code official" shall refer to the Manager of Building and Inspection Services Field Staff Supervisor or his/her designee. Any reference to "municipality" shall mean the City of Evanston. SECTION 2: Section 5-1-1 of the Property Maintenance Code, “Application,” is hereby further amended and revised to read as follows: 349 of 374 3 5-1-2. APPLICATION: The ICC, international property maintenance code 2003International Property Maintenance Code shall apply to all matters concerning the protection of public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises in the city as provided in the code. SECTION 3: Section 5-1-1 of the Property Maintenance Code, “Amendments,” is hereby further amended and revised to read as follows: 5-1-3. AMENDMENTS: The following sections of the ICC international property maintenance code 2003International Property Maintenance Code are deleted, amended or added to read as follows: (A) Chapter 1. Administration. Section 101 General 101.1 Title. These regulations shall be known as the property maintenance code Property Maintenance Code of the City of Evanston, hereinafter referred to as "this code." 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the, international building code, international residential code, international fire code, national fire prevention association 101 life safety code, international mechanical code, international plumbing code, international fuel gas code, NEC electrical code, state of Illinois plumbing code, all as adopted and amended by the City of Evanston, any other applicable code or ordinance adopted by the City of Evanston, and any other applicable legislation or regulation. Section 102 Applicability 102.3 Application Of Other Codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the, international building code, international residential code, international fire code, national fire prevention association 101 life safety code, international mechanical code, international plumbing code, international fuel gas code, NEC electrical code, state of Illinois plumbing code 350 of 374 4 International Building Code, International Residential Code, International Fire Code, National Fire Prevention Association 101 Life Safety Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, NEC Electrical Code, State of Illinois Plumbing Code, and any other applicable code or ordinance adopted by the City of Evanston and any other applicable legislation or regulation. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Evanston zoning ordinanceZoning Ordinance, Title 6 of the Evanston City Code, as amended. 102.5 Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner, straight, true, level, plumb, clean and installed in accordance with the manufacturer's installation instructions. Work not meeting the definition of "workmanlike" may be rejected by the code official. Section 103 Division Of Building, Inspections and Permits Health Department 103.1 General. The Division of Building, Inspections and Permits Health Department is hereby assigned to enforce this code and the executive official in charge thereof, the Manager of Building and Inspection Services Field Staff Supervisor, shall be known as the Code Official. 103.5 Fees. Delete Section 104 Duties And Powers Of The Code Official 104.4104.3 Right Of Entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. If the premises owner does not grant the code official entry to the entire premises during an initial inspection, cure code violations discovered and cited during an initial inspection before the compliance re-inspection, or grant the code official access to the entire premises to re-inspect for every such cited violation, thereby requiring the code official to perform multiple re-inspections, the premises owner shall owe the city a fee of one hundred fifty dollars ($150.00) for the second and any subsequent re-inspection. If the premises owner does not grant the code official entry for a scheduled inspection without canceling said inspection on a city business day and at least twenty-four (24) hours in advance of the appointed inspection time, or fails to give his or her tenants forty-eight (48) hours notice of the inspection date, the premises owner shall owe the city a fee of: one hundred fifty dollars ($150.00) for the first such failure; two hundred fifty dollars ($250.00) for the second such failure; and five hundred dollars ($500.00) for the third and any subsequent such failure. Any fees assessed pursuant to this section shall be debts due and owing to the city that the city may collect by any means allowed by 351 of 374 5 law, including, but not limited to: refusing to issue any permit, license, or zoning relief related to the structure or premises; employing a collection agency; and filing a lien against the premises. 104.67 Department Records. Delete 104.9 Documentation. The code official may require written submittal of estimates, executed contracts, invoices, receipts, proof of payment or other documentation regarding the completion or proposed completion of work for which a notice of violation has been issued. Submittal of leases may be required to establish the occupancy of any leased or rented space. 104.107 Engineering Reports. The code official may require submittal of written reports by a licensed design professional regarding violations for which a notice of violation has been issued. 104.11 Permits Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the international building code, international residential code, national fire prevention association 101, life safety code, international fire code, international mechanical code, international plumbing code, international fuel gas code, NEC electrical code or the state of Illinois plumbing code or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 104.12 Stop Work Order Authority. Whenever the code official finds any work regulated by any of the following codes being performed in a manner contrary to the provisions of the international building code, international residential code, international fire code, national fire prevention association 101, life safety code, international mechanical code, international plumbing code, international fuel gas code, NEC electrical code, state of Illinois plumbing, or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. 104.12.1 Issuance. The stop work order shall be in writing and served to the owner of the property involved, or to the owner's agent, or to the person doing the work. Upon service of a stop work order by any method listed in section 107.3 of this code, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume, if any. 104.12.2 Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or remove or prevent an unsafe condition, shall be subject to penalties as prescribed by law. 352 of 374 6 104.12.3 Compliance With Code Official's Orders. Any person required by the code official to perform an act or cease performing an act pursuant to this section 104 is guilty of a violation of the code adopted hereby and shall be. Section 106 Violations 106.3 Prosecution Of Violations. Any person failing to comply with a notice of violation or order served in accordance with section 107 shall be deemed guilty of a violation of this code, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order of direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 106.4 Violation Penalties. Any person found to have violated any provision of this code, the international property maintenance code 2003International Property Maintenance Code, adopted hereby, shall be guilty of an offense punishable as follows: 1. The fine for a first violation is $150.00 2. The fine for a second violation is $400.00 3. The fine for a third and any subsequent violation is $750.00 A separate offense shall be deemed to have been committed upon each such day such violation shall occur or continue. 106.6 Criminal Housing Management. A person commits the offense of criminal housing management when, having personal management or control of residential or commercial real estate, whether as a legal or equitable owner or as a managing agent or otherwise, he/she recklessly permits the physical condition or facilities of the residential or commercial real estate to become or remain in any condition which endangers the health or safety of any person. A person acts "recklessly" within the meaning of this section if he/she recklessly performs the acts which cause bodily harm or which endanger bodily safety of a person, or if he/she recklessly fails to perform and said failure causes the harm or endangers the safety of a person. 106.6.1 Criminal Housing Management Penalty. A person who commits the offense of criminal housing management as prohibited by 106.6 shall be guilty of a misdemeanor and shall be subject to a term of incarceration not to exceed six (6) months and a fine not to exceed one thousand five hundred dollars ($1,500.00). Each day that a violation continues after due notice has been served 353 of 374 7 shall be deemed a separate offense. The court, may as part of any sentence, require the defendant to remedy the violation(s). 106.7 Fines. The fines and penalties provided for herein shall not be construed as limiting the power of a court of competent jurisdiction or an administrative hearing officer to impose other penalties and remedies as provided for by applicable legislation. Section 107 Notices And Orders 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code, or has grounds to believe that such a violation has occurred, notice, in the form prescribed in Section 107.2, unless otherwise specified in this code, shall be served in any manner prescribed in Section 107.3, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. 107.2 Form. Such notice prescribed in section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit, structure or premises into compliance with the provision of this code. 5. Include a statement that the city may file a lien in accordance with section 106.3. 6. Include a statement that the city may initiate immediate legal action upon certain violations of this code subsequent to a first notice of violation issued by property standards. 7. Notwithstanding the foregoing, any violation found subsequent to issuance of a violation notice or legal action within the previous 365 days relating to litter, garbage, rubbish, inoperable motor vehicles, weeds and other similar exterior violations, a violation notice may be posted on or about the structure or premises affected by the violation. Such violation notice shall not identify a date for correction but shall state that legal action may be initiated without any further notice. 107.3 Method Of Service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally which shall include service upon an employee; or 2. Sent by first-class mail, express mail, overnight carrier or certified mail addressed to the last known address; or 354 of 374 8 3. Posted in a conspicuous place in or about the structure affected by such notice; or 4. Sent by facsimile machine (fax) to a party who has agreed in writing to accept notice by such means; or 5. Sent by electronic mail (e-mail) to a party who has agreed in writing to accept notice by such means. 109.6 Hearing. Delete. Section PM 111 Means Of Appeal. Delete. Section 112 Stop Work Order 112.1 Authority. Whenever the code official or Building Authority (as defined in Section 4-2-1-B of this Code) finds any work regulated by this code being performed in a matter contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. 112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 112.3 Emergencies. Where an emergency exists, the code official shall not be required to give written notice prior to stopping the work. 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties provided for in section 106.4. (B) Chapter 2. Definitions. Section 201 General 201.3 Terms Defined In Other Codes. Where terms are not defined in this code and are defined in the international building code, international residential code, international fire code, national fire prevention association 101, life safety code, international mechanical code, international plumbing code, international fuel gas code, national electrical code, state of Illinois plumbing code, such terms shall have the meanings ascribed to them as in those codes. Section 202 General Definitions 355 of 374 9 Accessible. Refers to any opening in the exterior of a building larger than eight inches by twelve inches (8" × 12") (e.g., door, window, transom, vent duct, skylight, etc.) that is within eighteen feet (18') from the ground or bottom of the opening. Burglary-Resistant Glazing Material. Glazing materials shall meet or exceed Underwriters Laboratories standard #UL 972 for burglary-resistant glazing material. Combination Dead Latch And Dead Bolt. A device combining a dead latch operable by knob from inside and outside by a key, both of which can be retracted from the inside by turning the knob and from the outside by a key. Cylinder Guard. A hardened steel ring or plate surrounding the otherwise exposed portion of a cylinder lock to protect the cylinder from cutting, prying, pulling or wrenching with common tools. Dead Bolt. A lock bolt which has no automatic spring action and which is operated by a key, thumb-turn, lever or knob and is positively held fast in the protected position against return, by end pressure. Dead Latch. A latch which is positively held in latched position with a strike, by an added integral bolt-type mechanism and is again released by a key from the outside and a knob or similar actuator from the inside. Door Scope. A system of lenses encased for convenient installation in entrance doors permitting an inside viewer to observe a one hundred eighty degree (180°) area of the outside with the door closed. Double-Cylinder Dead Bolt. A dead bolt lock actuated by a key from the inside and outside. Dwelling Unit. As defined in Section 6-18-3 of the Evanston City Code, as amended. Escutcheon Plate. A protective shield or enclosure that encompasses the circumference of a pipe that typically penetrates a floor, and covers the open area surrounding the pipe or penetration. Graffiti. Any and every name, identification, description, announcement, declaration, demonstration, display, illustration or insignia, other than advertising which is otherwise provided for in this code or other ordinances of the city, which, without authorization, is marked, written, drawn, painted, scratched, inscribed, or affixed directly to or upon any of the following objects or structures: public or private curbstone, flagstone, or any portion or part of any sidewalk or street or upon any tree, lamppost, utility pole, postal mail receptacle, sign, hydrant, gate, fence, door, wall, window, garage, enclosure, vehicle, bridge, pier or upon or within any other public or private structure, building or premises. 356 of 374 10 Inoperable Motor Vehicle. A vehicle, including any auto, bus, truck, van, motorcycle, trailer or boat, which cannot be lawfully driven or used upon the public streets for reasons including but not limited to being unlicensed, unregistered, wrecked , abandoned, in a state of disrepair, or incapable of being moved under its own power for motor vehicles, or in the case of a boat, if incapable of being used as a means of transportation on water and/or if not currently registered in accordance with the boat registration and safety act, 625 ILCS 45/1 et seq., as amended. Insert. A hardened steel roller inside unhardened bolts to prevent bolt cutting or sawing with common tools. Latch. A spring-loaded device which automatically holds a swinging door shut upon closing by engaging a strike and which is released by turning a knob, lever, or similar actuator from inside or outside. Litter. Any papers, newspapers, packaging, bags, plastics, cups, containers, cans and other similar materials lying scattered about that are subject to movement by any wind or breeze. Mortise-Type Lock. A lock placed into an opening, groove or slot, cut in the edge of a door. Multi-Family Rental Dwelling. A building or portion thereof, operating under a rental agreement, including renter-occupied cooperatives and condominium units. Multiple Point Locks. A system of lever-operated bolts that engages a door opening, at the head and sill as a minimum, operated by a single knob or handle from the inside, and, optionally, a cylinder-locked handle from the outside. Owner-Occupied Unit. A dwelling unit occupied by an owner of the building and or unit titleholder of the property including "those who have any undivided, joint, or survivorship interest by specific devise or by any recorded document whether that interest is an entire ownership interest or less than an entire ownership interest." Rabbeted Jamb. The wooden sides and head of a door cut in such a way so that a notch is created against which the door may be closed. Rim-Type Cylinder Lock. A lock made for mounting on the face of a door. Rooming house. As defined in Title 5, Chapter 2 of the Evanston City Code, as amended. Sash Fasteners. Locking devices which prevent a window from being moved. Sign. A name, identification, description, display, message or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land so as 357 of 374 11 to be principally seen from out-of-doors and which directs attention to an object, product, place, activity, concept, thought, person, institution, organization, or business. Sign, Abandoned. Any sign advertising a business, commodity, service, entertainment or activity which has been discontinued. Single Cylinder Dead Bolt. A dead bolt lock activated from the outside by a key and from the inside by a knob, thumb-turn, lever, or similar actuator. Single-Family Dwelling. A building containing one owner-occupied dwelling unit; an owner-occupied condominium unit or cooperative. Single-Family Rental. A unit operating under a rental agreement. Strike. A metal plate designed to receive and hold a projected bolt or latch. Window Area. Any transparent area on a facade through which the interior of a premises may be viewed from outside. Chapter 3. General Requirements. Section 301 General 301.3.1 Vacant Structures. All vacant structures shall be regulated further according to titleTitle 4, chapterChapter 2016 of the city codeCity Code as amended, "Vacant Buildings." 301.4 Emergency Phone Contact. The owner shall provide each tenant with the name and telephone number of a responsible person who, in emergency situations, will be available on a 24-hour basis and who has the authority to make repairs to the building and premises as needed. The owner shall also cause said information to be posted with alphabet letters and Arabic numerals at least 1½ inches (37 mm) high and ¼-inch (6 mm) stroke and maintained within the main entryway at least five feet (5) above the floor, of every rental residential structure, except that two unit buildings where the owner resides in at least one unit shall be exempt from posting. Section 302 Exterior Property Areas 302.2 Grading And Drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structures located thereon, or on any surrounding premises or structures. The grade of premises shall not be altered by the storage of any type of soil, stone, chips or any other type of fill or material. Water shall not be allowed to accumulate and remain stagnant in any equipment, storage, debris or containers that may be present on the property. 358 of 374 12 302.3 Sidewalks and Walkways. All private sidewalks, walkways, stairs, driveways, parking spaces, parking lots and similar areas on private property shall be kept in a proper state of repair, and maintained free from hazardous conditions including, but not limited to, snow and/or ice. Whenever the code official determines that there has been a violation of this section, or has grounds to believe that such a violation has occurred, notice, in the form prescribed below, shall be served in any manner prescribed in Section 107.3, to the person responsible for the violation as specified in this Code. Such notice shall: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a statement that the City may file a lien in accordance with Section 106.3. 5. Include a statement that the City may initiate immediate legal action without any further notice. 302.4 Weeds And Grass. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches (8"). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual, biennial and perennial plants and vegetation which are propagated by seed or vegetative parts, which are of little value and compete with cultivated plants or may affect the health of humans or animals, other than trees and shrubs. However, this term shall not include cultivated grasses, flowers and gardens. The owner or agent having charge of a property who fails to cut weeds within seven (7) days of service of a notice of violation, shall be subject to prosecution in accordance with section 106 of this code. Upon failure by the owner or agent to comply with the notice of violation, any duly authorized agent of the city or contractor hired by the city shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon and the costs for such removal shall be paid by the owner or agent responsible for the property. If the city cuts any weeds on any vacant lot or premises with a vacant structure as provided in this section, the city may impose a lien on the property in violation. Upon being recorded in the manner required by article XII of the code of civil procedure, as amended, or by the uniform commercial code, as amended, the lien shall be imposed on said property as a debt due and owing the city in an amount including, but not limited to: any city costs or contractor's fees for cutting 359 of 374 13 the weeds; inspections; correspondence; title searches; preparation of lien; and recording fees. 302.5 Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved integrated pest management processes which will utilize engineering controls to build out pests, pesticides will be used only when no other alternative has proven viable. not be injurious to human health. After extermination, property precautions shall be taken to eliminate rodent harborage and prevent reinfestation. There shall be no accumulation of rubbish, boxes, firewood, lumber, scrap metal or any other materials so that rodent harborage exists. Stored materials shall be stacked neatly in piles elevated at least twelve (12) inches above the ground or grade. 302.7 Accessory Structures. All accessory structures, including detached garages, sheds, fences, gates and walls, shall be maintained structurally sound and in good repair. 302.7.1 Doors. All accessory structures shall be provided with doors which are maintained and operational. For carports and similar structures which by intent, design and construction do not have doors, doors shall not be required. 302.8 Motor Vehicles, Boats And Trailers. No inoperative, unlicensed, and or unregistered, motor vehicle, boat or trailer, shall be parked, kept or stored, on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. Exception. Delete 302.10 Graffiti Removal. All exterior and interior structure surfaces must be kept clean and free of graffiti, as graffiti is defined in section 202.0. Surfaces which have been exposed to graffiti must be cleaned, painted or in some manner covered, so as to effect the complete removal of the graffiti from that surface and to return the surface to a clean condition. 302.11 Landscape. All premises shall be maintained in the following manner regarding grass, shrubs, trees and other plant growth. 302.11.1 Grass. All premises, including vacant land and parkways, shall have grass, or other forms of approved ground cover provided and maintained. Any requirement for grass installation either sod or seed, shall be completed in accordance with city specifications. A property owner who fails to establish seed or sod in conformance with a violation notice shall provide the code official with an executed contract for the sodding or seeding of the site with a landscape contractor who possesses a valid 360 of 374 14 business license issued by the municipality in which the landscape business is based. In the instance a municipality does not issue such a license, the contractor must provide evidence satisfactory to the code official that it is in the business of landscape contracting. Installation of sod or seed shall be completed when the soil temperature is at least 55 degrees Fahrenheit. 302.11.2 Trees. All premises and exterior property shall be maintained free of fallen trees, limbs and branches. Trees with dead limbs or branches which are or may become hazardous to persons or property in the vicinity, shall have such limbs or branches removed. Trees which are dead, diseased, infected, infested or are otherwise determined to be hazardous and tree stumps shall be removed. Tree boughs or limbs that project over any private means of egress from a structure shall not project over such means of egress at a height of less than eight feet (8') above such means of egress. 302.11.3 Encroachment. Any plant growth which shall encroach on the public way or affect movement or vision of pedestrians or vehicles on the public way, shall be trimmed to allow for unobstructed vision and passage of persons, pedestrians and vehicles. 302.12 Furniture. Any furniture placed exterior of a building shall have been constructed for such exterior use and shall be constructed of materials that are water and weather-proof and resistant to rot, mildew, mold, decay and insect infestation. Exterior type furniture shall not be required in spaces which are completely enclosed and protected from the exterior elements. 302.13. Parking Of Motor Vehicles. No vehicle, regardless of status of licensing, registration or operability, shall be parked within any public sidewalk area, parkway area, private sidewalk, or upon any unimproved surface including any vegetation, grass, soil, rock, stone or surface other than concrete, asphalt, pavers or similar surface. Section 304 Exterior Structure 304.3.1 Alley Frontage Identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the alley when a premises abuts an alley. Premises shall have the address placed on garages when present or on the principal structure. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.6 mm). 304.7 Roof. The roof and flashing shall be sound, tight, and not have defects that admit rain. All roof components, including, but not limited to, roofs over stairs, soffits, fascia and flashing, shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. The roof shall not 361 of 374 15 have any animal entry points due to deterioration or damage. Roof drains, gutters and downspouts shall be maintained in good repair, free from obstructions, vegetation, rust, peeling paint, cracks and holes. 304.7.1 Gutters, Sump Pump or Other Discharge. Where gutters are provided, downspouts shall be required and shall terminate water discharge a minimum of three feet (3') away from any portion of the structure and not within ten feet (10') of any property line. Sump pumps and discharge from other sources including downspouts shall not discharge upon a public way nor be directed towards adjacent properties and shall be drained upon the premises without causing retention of stagnant water thereon. Gutters and downspouts shall not retain stagnant water. 304.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. Open cracks and/or unstable glazing shall be corrected by replacement of the window pane. 304.14 Insect Screens. During the period from April 1st to November 1st, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition. Exception: Screen doors shall not be required where other approved means, such as air curtains or insect-repellent fans, are employed. 304.18 Building Security. Delete 304.18.1 Doors. Delete 304.18.2 Windows. Delete 304.18.3 Basement hatchways. Delete 304.20 Burglar Bars, Grilles, Grates, Shutters. Any type of burglar bars, including but not limited to bars, grilles, grates or shutters shall be prohibited from placement on the exterior of any building, structure or premises, which fronts or is visible from a street or thoroughfare, except that such security measures are allowed when used on openings that are adjacent to an alley or similar area. Any such security measures shall only be permitted to be placed on the interior of a building when fronting or visible from a street or thoroughfare, shall remain in the open position, thereby not visible and not impeding egress during any hours of operation for non-residential occupancies and in compliance with egress 362 of 374 16 requirements for all occupancies and use groups. This section shall not prohibit the placement of fencing on a premises, or security doors that are installed on the exterior stairways of buildings where approved by permit. Property shall be in compliance with this section within one year of the adoption of this code. 304.21 Masking Of Windows. Any building space located at grade where the interior of such space is visible from the public way or private property intended for public use and is vacant or undergoing construction, renovation, alterations or a change of use, and such space is not in conformance with this code, such space shall have the window area masked so that the interior of the space is not visible from the public way. Masking materials shall be uniform in appearance and may include liquid or film. Installation of newspaper or similar print materials shall be prohibited. All installations shall be installed in a clean and workmanlike manner. This section shall not prohibit placement of signage which conforms with the Evanston sign regulations. PM 304.22 Sign Maintenance And Repair. Every sign including but not limited to those signs for which permits are required, shall be maintained in a safe, presentable, and good structural condition at all times, including replacement of defective parts, painting, cleaning and other acts required to maintain the sign, advertising structure, marquee, canopy or awning in its originally permitted and installed condition in accordance with Title 4, Chapter 10 of the City Code, sign regulations. Required repair or maintenance of any sign shall in no manner be constituted as approval of any sign whether such sign is permitted, prohibited or unlawful. PM 304.23 Obsolete Or Abandoned Signs. Any sign or advertising structure now or hereafter existing, which advertises a business, commodity, service, entertainment, activity, or event which has been discontinued, or is located on property which has been vacant and unoccupied, shall have such sign removed. Any portion of the building or surface that is uncovered due to removal of a sign shall be restored to a condition free from holes, breaks and loose or rotting materials and maintained weatherproof and properly surface-coated where required to prevent deterioration. PM 304.24 Window Glass Maintained. All windows and window areas shall be maintained in a clean and sanitary condition, free and clear of all dirt, filth, grease, adhesive, paint and any other similar materials or substances that mar the window surface. Section 305 Interior Structure 305.4 Stairs And Walking Surfaces. Every stair, ramp and landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. Any components, including but not limited to treads and risers, that evidence excessive wear, rot, deterioration or are broken, warped or loose shall 363 of 374 17 be replaced. Treads and risers shall be uniform. Building Permits shall be required for the following: porch/deck replacement, stringer/stair replacement, and/or replacement of any structural member including posts and posts that support roof overhangs. 305.7 Bathrooms, Toilet Rooms, And Kitchen Floors. Every bathroom, toilet room, kitchen and similar rooms equipped with running water, shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. 305.8 Walls. Every room containing a shower shall have walls surrounding the shower covered by a smooth, hard, nonabsorbent surface and easily cleanable, to a height of at least sixty inches (60") above the surrounding floor. Such walls shall form a watertight joint with each other and with the bathtub, shower, and or floor. 305.9 Unit Identification. Each dormitory, dwelling, hotel and rooming unit, except for buildings containing two or fewer units, shall have each unit-number or designation, displayed in a position easily observed and readable from outside of the unit. The unit-number shall be posted on or adjacent to the front or main egress door of the unit. Units which are located in hallways, stairways or similar areas, where such units have differing street addresses, such units shall have the street address posted in addition to the unit number on the front and rear unit doors. Identification shall be in Arabic numerals and alphabet letters at least 1½ inches (37 mm) high and ¼-inch (6 mm) stroke. Section PM 3087.0 Rubbish And Garbage Section 3087 Rubbish and garbage is hereby deleted in its entirety and this section 3087 substituted therefor. 3087.1 Accumulation Of Rubbish Or Garbage. All exterior property and premises, and the interior of every structure shall be free from any accumulation of rubbish or garbage. 3087.2 Disposal Of Rubbish Or Garbage. Every occupant of a structure shall dispose of all rubbish and/or garbage in a clean and sanitary manner by placing such rubbish or garbage in approved leak-proof containers with tightfitting covers and closing such covers. 3087.2.1 Rubbish And Garbage Containers. The owner of every occupied premises and the operator or occupant of every establishment or building producing garbage and or rubbish, shall be responsible for supplying and utilizing approved covered leak-proof containers with tight fitting covers for the temporary storage of rubbish and garbage until such materials are permanently removed 364 of 374 18 from the premises. The owner, operator, and building occupant shall be responsible for the removal of rubbish and garbage. The owner or agent having charge of a property who fails to remove rubbish and garbage within seven (7) days of service of a notice of violation, shall be subject to prosecution in accordance with Section 106 of this code. Upon failure by the owner or agent to comply with the notice of violation, any duly authorized agent of the city or contractor hired by the city shall be authorized to enter upon the property in violation and remove any and all rubbish and garbage located thereon and the costs for such removal shall be paid by the owner or agent responsible for the property. 3087.2.2 Container Labeling. All containers servicing business, commercial, or multi-residential premises shall 1) display the name and address of the premises they serve in conspicuous lettering. Said lettering is to be maintained in a clean and legible condition. Containers shall be situated so that the required lettering is visible from the public way. 3087.2.3 Container Locks. If located in the downtown zoning districts, as defined in section 6-18-3 of the Evanston zoning ordinance as amended, containers shall be maintained with their lids shut and locked, except when depositing or removing waste. 3087.3 Garbage And Rubbish Services For Multi-Unit Residential Buildings. The owner of every occupied building with more than four (4) dwelling and/or rooming units shall provide each week, minimum proper container or dumpster capacity capable of holding not less than the volume indicated by the following: 0.25 cubic yard (uncompacted) per dwelling unit. 0.10 cubic yard (uncompacted) per rooming unit. 3087.3.1 Container Capacity. Each container or dumpster shall be considered to contribute the volume of garbage and rubbish that can be enclosed with the lid or cover completely closed. Calculations of volume by the scavenger service providing the container may be accepted in determining service capacity. 3087.3.2 Minimum Service Schedule. All containers or dumpsters shall be emptied and maintained at least once per week, or more often, as needed to maintain the property and premises in a safe, clean and sanitary manner. 3087.3.3 Pickup Calculations. A container shall be considered to provide its capacity in volume each time it is regularly scheduled for pickup, and is picked up. Upon a written request from the code official, the owner and/or operator of any building or establishment shall promptly provide a written contract or documentation from the utilized scavenger service indicating the address of the property serviced; the party contracting the service; the number of containers 365 of 374 19 provided, and the capacity of each; the days of the week the containers are emptied by the scavenger service. 3087.3.4 Additional Capacity Requirements. Any container or dumpster in which the volume of contents prevents full closure of the cover shall be deemed overloaded. Rubbish or garbage stacked or piled near, on the exterior, or above the sidewalls of the dumpster or container shall evidence an overloaded condition. Overloaded containers or dumpsters shall be remedied immediately by the owner and/or operator, and immediately thereafter supplemented by additional pickups and/or containers of a sufficient amount so as to prevent any recurrence of the overloaded condition. The owner and/or operator of the building or establishment shall promptly provide to the city upon request of the code official an executed written contract or documentation from the utilized scavenger service indicating the address of the property serviced; the party contracting for the service; itemization of the number of existing and added number of containers and the capacity of each; itemization of the number existing and the added number of pick-up days of the week, and itemization of each day of the week that service is provided. 3087.45 Additional Capacity Requirements For Commercial (Non- Residential) Property. Any container or dumpster in which the volume of contents prevents full closure of the cover shall be considered to be overloaded. Rubbish or garbage stacked or piled near, on the exterior, or above the sidewalls of the dumpster or container shall evidence an overloaded condition. Overloaded containers or dumpsters shall be remedied promptly, and immediately thereafter supplemented by additional pickups and/or containers of a sufficient amount so as to prevent any recurrence of the overloaded condition. In addition, the owner and/or operator of the building or establishment shall promptly provide to the city upon request by the code official: a written contract or documentation from the utilized scavenger service indicating the address of the property serviced; the party contracting the service; itemization of the existing and the increase of the total number of containers and the capacity of each; itemization of the existing and the increase of the total number of pick-up days of the week, and itemization of each day of the week that service is provided. 3087.56 Additional Capacity Requirements For Condominiums And Residential Buildings Of One (1) Through Four (4) Dwelling And/or Rooming Units. Any container or dumpster in which the volume of contents prevents full closure of the cover shall be considered to be overloaded. Rubbish or garbage stacked or piled near, on the exterior, or above the sidewalls of the container or dumpster shall evidence an overload condition. Overloaded containers or dumpsters shall be remedied immediately, by the owner, and thereafter supplemented by additional containers to prevent any recurrence of the overload condition. Additional containers shall not exceed thirty-five (35) gallons in size and the total weight of the container and the material placed within 366 of 374 20 shall not exceed fifty (50) pounds. Special additional pickups may be employed for occasional overload conditions. 3087.67 Refrigerators, Discarded. Refrigerators and similar equipment not in operation shall not be discarded, abandoned, kept or stored on any premises without first removing the doors. 3087.78 Tires, Discarded. Tires for use on any type of vehicle or equipment shall not be discarded, abandoned, kept or stored on the exterior of any premises. Chapter 4. Light, Ventilation And Occupancy Requirements. Section 403 Ventilation PM 403.3 Cooking Facilities. Unless approved through the certificate of occupancy, cooking or the preparation of food or beverages shall not be permitted in any rooming unit or lodging unit or dormitory unit, and a cooking facility or appliance including but not limited to stoves, ovens, microwave ovens, hot plates, coffee pots, crock pots, blenders, shall not be permitted to be present in a rooming unit or lodging unit or dormitory unit. 404.1 Privacy. Dwelling units, hotel units, rooming units, and dormitory units shall be arranged to provide privacy, and be separate from other adjoining spaces. Egress doors shall have operating locks to provide privacy. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404. 404.7 Food Preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. 404.7.1 Food Storage. In rooming and dormitory units, refrigerators shall not exceed three (3) cubic feet in capacity as rated by the manufacturer. Not more than one (1) refrigerator of such size shall be allowed per occupant of any rooming unit, including dormitory rooming units. Chapter 5. Plumbing Facilities And Fixture Requirements. Section 501 General 501.2.1 Disconnection Notice. It shall be a violation of this code for any owner of a non-owner occupied residential property who is issued or who is in receipt of 367 of 374 21 a notice of disconnection or termination for the utility service provided by the city or the utility involved, to fail to promptly remedy the circumstance or situation upon which the disconnection notice is based. Section 505 Water System 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pressure adequate to enable the fixtures to function properly, safely, and free from defects and leaks. Water pressure shall be no lower at the fixture outlet than as follows: lavatory basins, two (2) gallons/minute; bathtub faucets, four (4) gallons/minute; toilet pressure, as required by Title 4, Chapter 5 of the Evanston City Code, as amended. 505.4 Water Heating Facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 115 degrees F (46 degrees C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. Chapter 6. Mechanical And Electrical Requirements. Section 601 General 601.2.1 Disconnection Notice. It shall be a violation of this code for any owner of a non-owner occupied residential property who is issued or who is in receipt of a notice of disconnection or termination for the utility service provided by the city or the utility involved, to fail to promptly remedy the circumstance or situation upon which the disconnection notice is based. Section 602 Heating Facilities 602.2 Residential Occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68 degrees F. (20 degrees C.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in appendix D of the international plumbing code. Neither cooking appliances nor space heaters shall be used to provide space heating to meet the requirements of this section. Exception: Delete 368 of 374 22 602.3 Heat Supply. Every owner and operator of any building who rents, leases, or lets one or more dwelling unit, lodging unit, rooming unit, dormitory or guest room on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15th to June 1st to maintain a temperature of not less than 68F (20C) in all habitable rooms, bathrooms and toilet rooms. Space heaters, whether portable or permanently installed, shall not be utilized as the primary source of heat for any such unit or room. Buildings or individual units shall employ central heating systems except where a designed system is approved by the building official. 602.4 Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from September 15th to June 1st to maintain a temperature of not less than 65 degrees F (18 degrees C) during the period the spaces are occupied. 602.5 Room Temperature Measurement. The required room temperatures shall be measured approximately 3 feet (914 mm) above the floor near the center of the room, approximately 3 feet (914mm) above the floor near the center of interior walls of the room that are perpendicular to the exterior wall of the room. Temperatures may be measured utilizing thermometers that measure air temperature or thermometers that measure surface temperature. Section 603 Mechanical Equipment 603.1 Mechanical Equipment. All mechanical appliances, fireplaces, solid fuel- burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.1.1 Forced-Air Systems. Forced-air heating and/or cooling systems shall not serve more than one dwelling unit after the existing mechanical equipment is replaced due to age or failure. A Building Permit is required for equipment replacement including for the addition of duct work to separate the systems. 603.7 Mechanical Appliance Connections. Every gas outlet for appliances, including but not limited to heaters, stoves and clothes dryers, shall have an individual shutoff valve. The shutoff valve shall be adjacent to the appliance with access provided to the shutoff valve. In conjunction with the installation of a shutoff valve any existing flexible gas connector shall be replaced with a new approved flexible gas connector. All existing uncoated brass flexible gas connectors shall also be replaced with approved gas connectors. Section 604 Electrical Facilities 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the NEC 369 of 374 23 national electrical code as adopted by the City of Evanston. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes. Each dwelling unit shall be served by not less than four (4) branch circuits with a minimum of two (2) twenty-amp circuits. 604.5 Fuse Panels. In all electrical panels and boxes where plug-type fuses with Edison base are utilized, such fuses shall be replaced with non-tampering type "S" fuse adaptors which are properly sized for the gauge of wire that the fuse is protecting. 604.6 Panel Identification. All electrical panels regardless of type of disconnecting means shall be legibly marked to designate the address, space, tier or unit that such panel is servicing. The marking shall be of sufficient durability to withstand the environment involved. 604.7 Disconnecting Means Identification. All electrical disconnecting means including circuit breakers and fuses, shall be legibly marked to designate the address, unit, space or rooms it is servicing. The marking shall be of sufficient durability to withstand the environment involved. Section 605 Electrical Equipment 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom or laundry room receptacle outlet shall have ground fault circuit interrupter protection. When an ungrounded-type receptacle exists in a bathroom or laundry area, a ground fault interrupter receptacle shall be provided. Any existing worn, damaged, painted and/or defective receptacles shall be replaced. Section 608 Meters 608.1 Meter Identification. All meters, including but not limited to gas and electric serving a building, structure or any portion thereof, shall be legibly marked to designate the address, space, tier or unit that such meter is servicing. The marking shall be of sufficient durability to withstand the environment involved. Chapter 7. Fire Safety Requirements. (F) Section 704 Fire Protection Systems 703.2 Opening Protectives. Required opening protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition, be rated as required and provided with approved self-closing 370 of 374 24 devices which shall force the door to close and latch. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. 704.2 Smoke Alarms. Single or multiple-station smoke alarms shall be installed and maintained in groups R-2, R-3, R-4 and in dwellings not regulated in group R occupancies, regardless of occupant load, at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. 4. On the ceiling above the top landing in each interior stairway that serves dwelling, rooming or dormitory units. 5. On the basement ceiling of a building in the immediate vicinity of the bottom step. CHAPTER 8. Building Security. Section 801 General 801.1 Scope. The provisions of this chapter shall apply to: 1. All multi-unit non-owner occupied units in residential buildings, regardless of relationship of occupants to the owner. 2. All non-owner occupied single-family homes, detached or attached, regardless of relationship of occupants to the owner. Exclusions: 1. Residence at a public or private medical, geriatric, educational, or religious institution. 2. Occupancy in a structure operated for the benefit of a social or fraternal organization. 3. Transient occupancy in a hotel or motel. 4. Owner-occupied units in multi-family buildings including condominiums, cooperatives, townhouse, rowhouse and single-family homes. Section 802 Building Security Application 802.1 Building Security. Doors, windows and hatchways shall be provided with devices designed to provide security for the occupants and property within. 371 of 374 25 802.1.1 Intercoms. Multi-family units shall have an intercom system that is maintained in good working condition. The removal of an intercom system is prohibited and does not constitute repair or maintenance. 802.2 Locks. Doors providing access to individual units shall be equipped with a deadbolt lock meeting specifications set forth herein. Such deadbolt locks shall be operated only by the turning of a knob or a key and shall have a lock throw of not less than 1-inch and hardened steel inserts or a surface/rim mounted vertical drop, dead bolt lock. Cylinder guards shall be installed on all rim-type vertical dead bolt locks whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. Strike plates shall be secured with hardened steel screws four inches (4") long. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Such deadbolt locks shall be installed according to manufacturer's specifications and maintained in good working order. All deadbolt locks required by this section shall be designed and installed in such a manner so as to be operable inside of the unit without the use of a key, tool, combination thereof or any other special knowledge or effort. 802.3 Window Locks. Accessible openable windows shall be equipped with window locking devices. 802.4 Basement Hatchways. Basement hatchways shall be equipped with devices that secure the hatchway from unauthorized entry. 802.5 Doors. Exterior doors, doors leading from garage areas into multiple- dwelling buildings, and doors leading into stairwells, shall be equipped with self- closing devices. All doors leading to apartment doors shall also be equipped with self-locking devices. 802.6 Vision Panels. Accessible vision panels in individual entrance doors to individual units or within forty inches (40") of the inside activating device shall be of rated burglary-resistant glazing material. Burglary bars may be used as an alternative to burglary-resistant glazing material on the interior of transoms only. 802.7 Door Scope. An interviewer or door scope, providing a 180-degree field of view, shall be provided in each individual unit entrance door which does not contain a vision panel. 802.8 Sliding Door Panels. All accessible single sliding patio doors shall have the movable section of the door sliding on the inside of the fixed portion of the door. 802.9 Sliding Door Locks. Accessible sliding glass doors shall be equipped with locking devices and shall be so installed that the doors cannot be moved in any 372 of 374 26 direction or lifted from the track when the doors are in the locked position, and doors shall have an approved auxiliary locking device added to their primary locking system to provide additional security when in the closed position. 802.10 Window Panels. Accessible windows shall be so constructed and/or maintained so that when the window is locked it cannot be lifted from the frame. 802.11 Lighting. All exterior common entrances of multiple family buildings shall be illuminated with a minimum sixty (60) watt incandescent light bulb or its equivalent in other light sources, enclosed in a tamper-proof cover, located within ten (10') feet of the doorway. 802.12 Window Sash Fasteners. All wooden double-hung windows which are at ground level or otherwise accessible from the exterior via porches, fire escapes, trees, or other existing means shall be equipped with approved window- ventilating sash fasteners to allow each window to be locked at no more than four inches (4") open. Such fasteners shall be movable to permit the window to be fully opened from the inside of the dwelling unit. CHAPTER 9. REFERENCED STANDARDS. Chapter 8, Referenced Standards, of the International Property Maintenance Code of 2012 is hereby adopted as if fully restated and re-numbered to be Chapter 9 herein. 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: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 373 of 374 27 SECTION 7: That this Ordinance 34-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 374 of 374