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HomeMy WebLinkAbout06.23.14 Packet CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 23, 2014 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee has been cancelled. City Council meeting will convene after conclusion of the A&PW meeting but no earlier than 7 pm. ORDER OF BUSINESS (I) Roll Call – Begin with Alderman Rainey (II) Mayor Public Announcements IRMCO 100th Anniversary (III) City Manager Public Announcements Award for Excellence from the Government Finance Officers Association for the City’s Comprehensive Annual Financial Report (CAFR) for FY2012 July 4 Activities Holiday Refuse Collections Recycling Fair July 12, 2014 (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: Update on C.A.R.E. (VII) Consent Agenda: Alderman Rainey 1 of 382 City Council Agenda June 23, 2014 Page 2 of 7 (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) Update on Developments with C.A.R.E. Staff requests that City Council receive this update, authorize the City Manager and Corporation Counsel to provide information to the inquiry into C.A.R.E.’s finances by the Illinois Attorney General and provide additional direction to staff as may be desired. For Action CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of June 9, 2014 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through June 1, 2014 $2,728,490.14 City of Evanston Payroll through June 15, 2014 $2,690,974.88 (A2) City of Evanston Bills -- June 24, 2014 $3,322,534.63 For Action (A3.1) Approval of Maintenance Plan Agreement for Sherman Plaza in the amount of $115,000 beginning August 23, 2014 through August 22, 2015 The Parking/Transportation Committee and staff recommend that City Council authorize the City Manager to execute an agreement to continue maintenance services for Sherman Plaza at a cost of $115,000. This agreement was originally approved in 2006. The agreement covers the period of August 23, 2014 through August 22, 2015. Funding is provided from the Parking Fund Account: 505.19.7036.62660. For Action 2 of 382 City Council Agenda June 23, 2014 Page 3 of 7 (A3.2) Approval of Fence Purchase for Sherman Parking Garage from Custom Built Commercial Fence Corporation Staff recommends City Council authorize the City Manager to purchase and install fencing on the upper deck of the Sherman Parking Garage in the amount of $24,719 from Custom Built Commercial Fence Corporation (721 N. Seminary Ave., Park Ridge, IL). Funding is provided by the Parking Fund Account 700506.65515. For Action (A3.3) Approval of Contract Award to L. Marshall, Inc., for the Lorraine H. Morton Civic Center Boiler Building Roof Replacement Project (Bid 14-38) Staff recommends City Council authorize the City Manager to execute a contract for the Lorraine H. Morton Civic Center (LHMCC) Boiler Building Roof Replacement Project with L. Marshall, Inc., (2100 Lehigh Avenue, Glenview, IL) in the amount of $36,987.16. Funding is provided by the 2014 Civic Center Boiler Building Renovations Account 415177.65510, which has 2014 budget of $120,000. For Action (A3.4) Approval Sherman Avenue Streetscape & Street Resurfacing Contract with A. Lamp Concrete Contractors Inc. (Bid 14-41) Staff recommends that City Council authorize the City Manager to execute a contract for the Sherman Avenue Streetscape & Street Resurfacing Project Grove Street to Lake Street with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $578,875.20. Funding is provided by the CIP Street Resurfacing Fund Account 415857.65515. For Action (A3.5) Approval of Single Source Purchase of Ambulance Power-Load System and Power-Pro XT Cot from Stryker Corp. Staff recommends that City Council authorize the City Manager to execute a single source purchase of an Ambulance Power-Load System, in the amount of $36,531.50 from Stryker Corp. (3800 East Centre Avenue, Portage, MI). Funding is provided by the Fire Management and Support Account 2315.65625. The Evanston Foreign Fire Tax Board will purchase the second lift system. For Action (A3.6) Approval of Vehicle Purchases for FY2014 Staff recommends City Council authorize the City Manager to make nine (9) vehicle replacement purchases for a total amount of $534,046.30 as follows: recycling vehicle from R.N.O.W. Incorporated (8636R W. National Avenue, West Allis, W I) in the amount of $241,148.00; Ford vehicles from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $273,539.00; and Nissan Rogue from Autobarn Nissan (1012 Chicago Avenue, Evanston, IL) in the amount of $19,359.30. Funding is provided by the Equipment Replacement Fund Account 7780.65550, with a budget of $2,694,000. For Action 3 of 382 City Council Agenda June 23, 2014 Page 4 of 7 (A3.7) Approval of Contract with Water Resources, Inc. for 2014 Water Meter Purchase (Bid 14-33) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Water Meter Purchase with Water Resources, Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $73,175.00. Funding is provided by the Water Fund accounts for 2014 and 2015. For Action (A4) Approval of Change Order No. 1 for Automatic Meter Information System Project (RFP 13-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 1 for the Automatic Meter Information System with Water Resources Inc. (390 Sadler Avenue, Elgin, IL) with a contract amount decrease of $924.50. This change order will extend the contract by 131 days to November 21, 2014. For Action (A5) Resolution 43-R-14, Adoption of City of Evanston Freedom of Information Act Policy Staff recommends City Council adoption of Resolution 43-R-14 authorizing the City of Evanston Freedom of Information Act Policy. For Action (A6) Resolution 46-R-14, Intergovernmental Agreement between the City and Evanston Township High School District 202 Staff recommends City Council adoption of Resolution 46-R-14 authorizing the City Manager to negotiate and execute an intergovernmental agreement (the “2014 Intergovernmental Agreement”) with Evanston Township High School District 202 (“ETHS”) for the staffing of two police officers at the high school as school resource officers (“SROs”) and for ETHS to employ a Community and External Affairs Coordinator to work on vocational training activities. Funding for the SROs is provided by the Police Department Personnel Account 2235.61010. For Action (A7) Resolution 47-R-14 Authorizing that Payments Relating to the FY2014 Capital Improvement Plan (C.I.P.) Projects be Reimbursed by the Subsequent 2014 General Obligation (G.O.) Bond Issuance Staff recommends City Council adoption of Resolution 47-R-14 authorizing that payments relating to FY 2014 Capital Improvement Plan (C.I.P.) project expenditures up to $11,197,000 be reimbursed by the subsequent 2014 General Obligation (G.O.) bond issuance. For Action 4 of 382 City Council Agenda June 23, 2014 Page 5 of 7 (A8) Ordinance 74-O-14, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends City Council adoption of Ordinance 74-O-14 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Cleveland Street. This ordinance authorizes the City to borrow up to $253,000. For Introduction (A9) Ordinance 69-O-14, Increasing Fines for Using Mobile Telephones while Operating a Motor Vehicle Staff recommends City Council adoption of Ordinance 69-O-14 amending Evanston City Code Subsection 10-3-13(D), which increases the fines for using a mobile telephone while operating a motor vehicle from the current fifty dollar ($50.00) fine to a seventy-five dollar ($75.00) fine. For Introduction (A10) Ordinance 86-O-14, Increasing Fines for Riding Bicycles on Sidewalks in Certain Business Districts Staff recommends City Council adoption of Ordinance 86-O-14 amending Evanston City Code Subsection 10-9-10(E), which increases the fines for riding a bicycle on a sidewalk in the central business district designated as D1, D2 and D3, or in any other district where signs prohibiting sidewalk riding are posted from the current fifteen dollar ($15.00) fine to a twenty-five dollar ($25.00) fine. For Introduction (A11) Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Local Liquor Commissioner and staff recommend adoption of Ordinance 76-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty- one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. This ordinance was held at the Administration and Public Works Committee on June 9, 2014. For Introduction (A12) Ordinance 39-O-14, Allowing the Sale of Beer at Automobile Service Stations Local Liquor Commissioner and staff recommend adoption of Ordinance 39-O- 14, “Amending City Code Sections 3-4-1 and 3-4-6 By Creating the New Class O Liquor License Allowing the Sale of Beer at Automobile Service Stations Which Have More Than 3000 Feet of Interior Floor Space.” This ordinance was introduced at the June 9, 2014 City Council meeting. For Action 5 of 382 City Council Agenda June 23, 2014 Page 6 of 7 (A13) Ordinance 77-O-14, Increasing the Number of Class U Liquor Licenses for Piccolo Theatre, Inc., 600 Main Street Local Liquor Commissioner and staff recommend adoption of Ordinance 77-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class U liquor licenses from zero (0) to one (1) and permit issuance of a Class U license to Piccolo Theatre, Inc. (“Company”), 600 Main Street. This ordinance was introduced at the June 9, 2014 City Council meeting. For Action (A14) Ordinance 73-O-14, Establishing a 3-Way Stop at the Intersection of Wesley Avenue and Seward Street Staff recommends City Council adoption of Ordinance 73-O-14 which would amend Section 10-11-5(C), Schedule V(C) of the City Code to establish a 3-Way Stop at the intersection of Wesley Avenue and Steward Street. Funding will be through the General Fund-Traffic Control Supplies (2670.65115), with a budget of $40,000 for FY 2014. This ordinance was introduced at the June 9, 2014 City Council meeting. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Ordinance 75-O-14, Zoning Variance for 802 Florence City staff and SPAARC Committee recommend adoption of Ordinance 75-O-14 granting major zoning relief necessary in order to subdivide a lot with three legal- nonconforming dwelling units into two lots of record. The Zoning Board of Appeals recommends denial of the zoning relief because the proposal is intended to extract additional income from the property, does not provide a public benefit, and is not the minimum change necessary. This ordinance was introduced at the June 9, 2014 City Council meeting. For Action ECONOMIC DEVELOPMENT COMMITTEE (O1) Approval of Recommended Changes and Applications for the 2013 Evanston Great Merchants Grant Program. The Economic Development Committee and staff recommend approval from City Council for the following: 1) Revisions to the Great Merchants Grant Program; and 2) Funding through the Great Merchants Grant Program totaling $31,640.00 for the West End Business Association, Chicago-Dempster Merchants Association, Howard Street Business Association and the Noyes Street Business District. Funding is provided by the Economic Development Fund’s Business District Improvement Fund Account: 5300.65522. For Action 6 of 382 City Council Agenda June 23, 2014 Page 7 of 7 (O2) Approval of Funding for 12-month Period for Chicago’s North Shore Convention and Visitors Bureau (CNSVB) The Economic Development Committee and staff recommend City Council approval of funding for Chicago’s North Shore Convention and Visitors Bureau (CNSCVB) in the amount of $65,564 for a period commencing July 1, 2014 through June 30, 2015. Funding is provided by the Economic Development Fund’s Economic Development Partnership Account 5300.62659. For Action (O3) Resolution 38-R-14 Authorizing the City Manager to Negotiate and Execute a Loan Agreement with FEW Spirits The Economic Development Committee and City staff recommend adoption of Resolution 38-R-14, authorizing the City Manager to negotiate and execute a loan agreement with FEW Spirits, for an amount not-to-exceed $250,000 for equipment and materials. Funding is provided by the Economic Development Fund’s Business Attraction and Expansion Account 5300.62660. For Action MEETINGS SCHEDULED THROUGH JULY 2014 Upcoming Aldermanic Committee Meetings: Fri, June 27 7 am Housing & Homelessness Commission Mon, July 7 6 pm Rules Committee Mon, July 7 7:30 pm Human Services Committee Wed, July 9 6 pm Transportation/Parking Committee Wed, July 9 7 pm Northwestern University –City Committee Wed, July 9 7:30 pm Economic Development Committee Mon, July 14 6 pm A&PW, P&D, City Council meetings Tues, July 15 7:30 pm Housing & Community Dev Act Committee Wed, July 16 6:30 pm M/W/EBE Advisory Committee Mon, July 21 7 pm City Council Wed, July 23 6 pm Transportation/Parking Committee Thurs, July 24 5:30 pm Emergency Telephone System Board Fri, July 25 7 am Housing & Homelessness Commission Mon, July 28 6 pm A&PW, P&D, City Council meetings 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 382 To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Subject: Update on Developments with C.A.R.E. Date: June 18, 2014 Recommended Action: Staff requests that City Council receive this update, authorize the City Manager and Corporation Counsel to provide information to the inquiry into C.A.R.E.’s finances by the Illinois Attorney General and provide additional direction to staff as may be desired. Summary The City Manager and Corporation Counsel met with C.A.R.E. representatives on May 21, 2014 at the direction of the City Council to discuss disposition of funds collected by C.A.R.E. in support of Evanston animals. At this meeting C.A.R.E. representatives did not provide clear indication of its intent, but did agree to provide some additional financial information and consider some alternatives for disposition of funds collected. On May 30th, Corporation Counsel requested a meeting via C.A.R.E’s attorney to review financial documents. The C.A.R.E.'s attorney stated he would follow up with C.A.R.E. Board regarding the request; by June 6 the City had received no response from C.A.R.E. or its attorney. Subsequently, another request was sent to the attorney and in response the City was informed that C.A.R.E. was considering its options. A final exchange of communications was on June 17, noting that a letter was forthcoming; however no other details were provided. On June 18, Corporation Counsel received a letter sharing 2010 and 2011 financial statements, but no new information regarding the disposition of funds, no agreement to inspect documents. No resolution has been made to address the issue of C.A.R.E.’s fiscal matters regarding disposition of funds. Corporation Counsel does not believe the City will be allowed to view these financial documents. I believe that based on these events, C.A.R.E. is not interested in a meaningful dialogue on these issues. At this point, I am asking the City Council for direction on further action. I believe that the City can: 1) take no further action; 2) direct the Corporation Counsel to take legal Memorandum For City Council meeting of June 23, 2014 Item SP1 C.A.R.E. Animal Shelter For Action 8 of 382 action to further pursue the matter or 3) provide information and cooperation to the Illinois Attorney General in her inquiry into this matter. Attached is a letter sent on May 22 from the Illinois Attorney General who has opened an inquiry into the C.A.R.E.’s finances (letter attached) to determine whether and to what extent AG can take action. My recommendation is that the Corporation Counsel and I be directed to work with the Illinois Attorney General and take no further action at this time. Attachment Letter from Illinois Attorney General 9 of 382 Ann Mallow OFFICE OF THE ATTORNEY GENERAL STATE OF ILLINOIS May 22,2014 2315 Hartzell Street Evanston, fL 60201-140 1 Re: Community Animal Rescue Effort (CARE) Our File No. 99-99,2104 Dear Ms. Mallow: Lisa Madigan ATTORNEY GENERAL This letter is to advise you that we have received your letter dated May 20, 2014 regarding the above-referenced organization. We are in the process of reviewing this matter to determine whether and to what extent this Office can take action. We.appreciate you bringing this to our attention. If you have any questions, please call me at (312) 814-3979. ~ Sincerely, -(!~ Pasquale Esposito Assistant Attorney General Charitable Trust Bureau Office of the Illinois Attorney General 100 West Randolph Street, 11th Floor Chicago, Illinois 60601 10 of 382 CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Monday, June 9, 2014 Call to Order: Alderman Rainey Alderman Wynne Alderman Burrus Alderman Wilson Alderman Fiske Alderman Holmes Alderman Braithwaite Absent: Aldermen Tendam and Grover Presiding: Mayor Elizabeth B. Tisdahl Mayor Tisdahl called the Regular Meeting of the City Council to order at 7:40 P.M. Mayor Public Announcements The Mayor wished good luck to the ETHS baseball team playing in the quarter finals of the State’s baseball Championship. She also offered condolences to Alderman Tendam whose father died this week, and to the family of the young man who was shot to death in Chicago. She also gave congratulations to Jessie Mueller for winning a Tony for best actress in a musical. Bike to work week June 13-20, 2014 was introduced by the Mayor and then handed over to the City Manager for further details. City Manager Public Announcements City Manager, Bobkiewicz mentioned the Bike to Work Week – June 13-20, 2014. Pit Stop – June 19th 7am to 9am at Fountain Square Communications: City Clerk The Clerk had no communications to report. Citizen Comment: Niki Hiltwein, 820 Hinman spoke against the Brewery that the Council was proposing to adopt, because they were not sticking to their original proposal. Junad Rizki, 2789 Sheridan Rd. commented on the spending of money by staff without approval according to the budget reserves. He stated the Council should not approve something that they do not what they are approving. 11 of 382 City Council Agenda June 9, 2014 Page 2 of 9 Betty Ester, 2031 Church St. asked when the GA and EA Funds report will be available, and when will the audit of the Township become available as well. She suggested that the documents should be made available 2 weeks in advance to allow the public to view the document. Team Evanston Parking: Linda Paterfnostro, 2100 Greenwood spoke of the neighbors’ disdain of the increased traffic due to the opening of Team Evanston, and the congestion from the drop-off of the 600 children attending. This has caused a nuisance problem for the residents. The residents did not receive any notification before Team Evanston had opened their doors. She felt that total transparency has not been displayed in relationship to prevailing policy. Tom Porter, 2100. Greenwood passed out some pictures of the traffic and kids congestion and how the neighborhood is being affected in a negative manner. Peggy Gregory, 1419 stated she and the neighbors are starting up a block club to see how they all can work together to make it safe, and all of the neighbors did not receive information of Team Evanston coming to their block. Tom Hess, 2100 Greenwood stated his points have been echoed by his neighbors. He stated the process of bringing the business into the community there should be a discussion and transparency should be delivered. Charlie Booker, 2202 Lake Street stated the problem is the number of children being discharged in a very congested area with the increased traffic, and the lack of safety for the kids. Warren Zenziper, 2100 Greenwood stated they should not be the brunt of a bad decision, and most of the traffic is coming from outside of Evanston. Nikki Hiltwein, 820 Hinman spoke of her concerns of the Sketchbook Brewery and how Alderman Wynne failed to keep the neighbors in the loop, as she negotiated with the business coming to the City. Kay Syed, 15 Williamsburg Court and her second residence at 1701 Main Street. She spoke of her continued concerns with Safety issues at Robert Crown Community Center, and her meeting with Joe McRae and Attorney Farrar who stated she was wasting his time. She read some of the words that were being used in the performance at Robert Crown that she said were inappropriate and the Council has placed their stamp on the mismanagement of the facilities. Junad Rizki, 2789 Sheridan spoke of his concerns of the water utility department, and how the process is out of control and poor work that is being performed. He also stated the water business is a mess. SPECIAL ORDER OF BUSINESS The following Special Orders of Business were presented by Mr. Lyons, Assistant City Manager/Treasurer: (SP1) Discussion of City’s Financial Policies The 2013 Strategic Planning Process encompasses six major goals including Financial and Debt Policy planning. In November 2013 the City Council 12 of 382 City Council Agenda June 9, 2014 Page 3 of 9 discussed long-range Debt and Capital Planning. Staff is proposing modifications and additional funds to be guided by policy statements. For Discussion (SP2) Intergovernmental Personnel Benefit Cooperative Staff will present an overview of the IPBC which allows municipal groups to band together for the purposes of insurance. For Discussion Items not approved on Consent Agenda: (A6) Ordinance 39-O-14, Allowing the Sale of Beer at Automobile Service Stations Local Liquor Commissioner and staff recommend adoption of Ordinance 39-O- 14, “Amending City Code Sections 3-4-1 and 3-4-6 By Creating the New Class O Liquor License Allowing the Sale of Beer at Automobile Service Stations W hich Have More Than 3000 Feet of Interior Floor Space.” For Introduction (A7) Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Local Liquor Commissioner and staff recommend adoption of Ordinance 76-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty- one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. For Introduction (A11) 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 and May 27, 2014. For Action (P5) Ordinance 79-O-14, Granting Major Zoning Relief 910 Hinman Avenue City staff and the Zoning Board of Appeals (ZBA) recommend denial of Ordinance 79-O-14 granting major zoning relief for 62.2% building lot coverage where 45% maximum is allowed, 78% impervious surface coverage where 60% 13 of 382 City Council Agenda June 9, 2014 Page 4 of 9 maximum is allowed, and four open parking spaces that are not within 30’ of the rear property line for a 4-story, 7-unit multifamily residence at 910 Hinman Avenue. The ZBA found the proposed zoning relief did meet the Standards for Variation in its findings for a positive recommendation, but failed to achieve four concurrent votes in favor of the proposal and therefore recommends denial of the zoning relief. For Introduction CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of May 19, 2014 (M2) Approval of Minutes of the Regular City Council Meeting of May 27, 2014 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through May 5-18, 2014 $2,570,632.95 (A2) City of Evanston Bills -- June 10, 2014 $2,184,174.14 Credit Card Bill Activity Ending April 30, 2014 $132,118.43 For Action (A3.1) Approval of Washington Street Water Main Lining Contract with Fer-Pal Construction USA, LLC Staff recommends that City Council authorize the City Manager to execute a contract for Water Main Lining – Washington Street (Bid No. 14-34) with Fer-Pal Construction USA, LCC (1350 Gasket Drive, Elgin, IL) in the amount of $150,400. Funding is provided from the Water Fund (7330.65515), which has an allocation of $3,350,000 for water main improvements and therefore this account will be over budget by $118,478.50, assuming all projects come in as approved. Staff will monitor the entire Water Fund expense through 2014 to determine if a budget amendment is needed. For Action (A3.2) Approval of the Renewal Service Agreement with OTIS Elevator Corp. for the Civic and Service Centers, and Maple Avenue and Church Street Self Parks Staff recommends City Council authorize the City Manager to execute a renewal agreement of a sole source service and maintenance agreement with OTIS Elevator Corporation (949 Oak Creek Drive, Lombard, IL) for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages for a 1-year term at a cost of $69,280.32. Funding will be provided from various fund sources, a table is provided. For Action (A3.3) Approval of 2014 50/50 Sidewalk Replacement Contract with Schroeder & Schroeder Inc. Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 50/50 Sidewalk Replacement Project (Bid 14-30) to 14 of 382 City Council Agenda June 9, 2014 Page 5 of 9 Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL) in the amount of $352,575. Funding for this work will be from CIP Funds $250,000 (415864.65515) and private funds $122,575. For Action (A4) Resolution 41-R-14, Open Space Land Acquisition and Development (OSLAD) Grant Application Staff is requesting adoption of Resolution 41-R-14 for an OSLAD grant through the Illinois Department of Natural Resources (IDNR) for the Lovelace Park Athletic Field Renovation Project for the maximum grant award of $400,000. For Action (A5) Resolution 45-R-14, Prevailing Wage Act Compliance Staff recommends City Council adoption of Resolution 45-R-14 in order to comply with the provisions of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. The Act requires that public entities establish prevailing wages in June of every year for certain laborers, workers, and mechanics. The Act also requires that contractors and subcontractors pay workers covered under the Act, who are employed on public works construction projects, a wage no less than the general prevailing rate of wages in the county where the work is performed. For Action (A8) Ordinance 77-O-14, Increasing the Number of Class U Liquor Licenses for Piccolo Theatre, Inc., 600 Main Street Local Liquor Commissioner and staff recommend adoption of Ordinance 77-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class U liquor licenses from zero (0) to one (1) and permit issuance of a Class U license to Piccolo Theatre, Inc. (“Company”), 600 Main Street. For Introduction (A9) Ordinance 73-O-14, Establishing a 3-Way Stop at the Intersection of Wesley Avenue and Seward Street Staff recommends City Council adoption of Ordinance 73-O-14 which would amend Section 10-11-5(C), Schedule V(C) of the City Code to establish a 3-Way Stop at the intersection of Wesley Avenue and Steward Street. Funding will be through the General Fund-Traffic Control Supplies (2670.65115), with a budget of $40,000 for FY 2014. For Introduction (A10) Ordinance 64-O-14, Alley Paving Special Assessment No. 1511 Staff recommends City Council adoption of Ordinance 64-O-14 to pave the alley north of Leonard Place, east of Wesley Avenue. The estimated total cost of paving is $199,801.36. Funding is provided from the Special Assessment Fund (6365.65515) in the amount of $99,900.68 and the 2014 approved CIP budget for alley paving in the amount of $99,900.68. The adjacent property owners are 15 of 382 City Council Agenda June 9, 2014 Page 6 of 9 responsible for half of the project cost through the special assessment process. This ordinance was introduced at the May 27, 2014 City Council. For Action PLANNING & DEVELOPMENT COMMITTEE (P1) Approval of Sidewalk Café for Café Mozart, 600 Davis Street Staff recommends approval of a first-time application for a sidewalk café (SWC) permit for Café Mozart, a Type #2 Restaurant located at 600 Davis Street. For Action (P2) Resolution 40-R-14, Amendment to the Professional Services Agreement for the Evanston Main Street Transit-Oriented Development Study and Plan City staff recommends City Council adoption of Resolution 40-R-14, the second amendment to the professional services agreement with Parsons Brinkerhoff (30 N LaSalle Street, Suite 4200, Chicago, IL) to extend the contract completion date from March 31, 2014 to June 30, 2014. There will be no additional cost incurred by the City for the extension. For Action (P3) Adoption of Main Street Transit-Oriented Development Study The Plan Commission and City staff recommend adoption of the Main Street Station Transit Oriented Development (TOD) Study. The City partnered with Regional Transportation Authority (RTA) to conduct a planning and visioning study focusing on the Main Street Metra and CTA station area enhancements to increase the connectivity between stations, the Main Street Business District and surrounding neighborhoods. For Action (P4) Ordinance 72-O-14, Parking Variance for 802 Florence City staff and SPAARC Committee recommend adoption of Ordinance 72-O-14 granting major zoning relief necessary in order to subdivide a lot with three legal- nonconforming dwelling units into two lots of record. The Zoning Board of Appeals recommends denial of the zoning relief because the proposal is intended to extract additional income from the property, does not provide a public benefit, and is not the minimum change necessary. For Introduction (P6) 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 16 of 382 City Council Agenda June 9, 2014 Page 7 of 9 districts and as a special use in C and B districts. This ordinance was introduced at the May 12, 2014 City Council meeting and held in City Council on May 27, 2014. For Action HUMAN SERVICES COMMITTEE (H1) Resolution 42-R-14, First Amendment to Sublease Agreement with Evanston Wilmette Golf Course Association (EWGCA) The Human Services Committee and staff recommend that the City Council adoption of Resolution 42-R-14 amending the sublease agreement with the Evanston-Wilmette Golf Course Association for the lease of the Peter N. Jans Community Golf Course. For Action ECONOMIC DEVELOPMENT COMMITTEE (O1) Approval of Financial Assistance through the Façade Improvement Program for Homestead Meats, Inc. The Economic Development Committee and staff recommend approval for financial assistance for a façade improvement project for Homestead Meats, Inc. located at 1305 Chicago Avenue on a 50/50 cost sharing basis in an amount not to exceed $935. The funding for this assistance comes from the Economic Development Fund’s Business District Improvement Fund (5300.65522). For Action Alderman Rainey motioned for approval of the Consent Agenda and it was seconded by Alderman Holmes. Roll Call vote was 7-0 and the Consent Agenda was approved. Items for discussion: (A6) Ordinance 39-O-14, Allowing the Sale of Beer at Automobile Service Stations Local Liquor Commissioner and staff recommend adoption of Ordinance 39-O- 14, “Amending City Code Sections 3-4-1 and 3-4-6 By Creating the New Class O Liquor License Allowing the Sale of Beer at Automobile Service Stations Which Have More Than 3000 Feet of Interior Floor Space.” For Introduction This Ordinance was approved by a 6-1 vote (Alderman Fiske voted nay). (A7) Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Local Liquor Commissioner and staff recommend adoption of Ordinance 76-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty- one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. 17 of 382 City Council Agenda June 9, 2014 Page 8 of 9 For Introduction Alderman Holmes stated this item was held in committee until June 27, 2014. (A11) 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 and May 27, 2014. For Action Alderman Wilson referred this item back to the MWEBE committee and it was seconded. (P5) Ordinance 79-O-14, Granting Major Zoning Relief 910 Hinman Avenue City staff and the Zoning Board of Appeals (ZBA) recommend denial of Ordinance 79-O-14 granting major zoning relief for 62.2% building lot coverage where 45% maximum is allowed, 78% impervious surface coverage where 60% maximum is allowed, and four open parking spaces that are not within 30’ of the rear property line for a 4-story, 7-unit multifamily residence at 910 Hinman Avenue. The ZBA found the proposed zoning relief did meet the Standards for Variation in its findings for a positive recommendation, but failed to achieve four concurrent votes in favor of the proposal and therefore recommends denial of the zoning relief. For Introduction This item was withdrawn by the applicant as stated by Alderman Rainey. Call of the Wards: Ward 8, Alderman Rainey stated the James Park turnout was good and the outreach to the community was great. She also commented on the activities of Aldermen Braithwaite and Wilson bringing new light to the whole MWEBE. Ward 9, Alderman Burrus she thanked Marty for his good work, and the next 9th ward meeting will be on June 19th at the Levy Center and 7:00. She also commented on the golf outing of the Police & Firemen. Ward 1, Alderman Fiske offered her condolences to Alderman Tendam, and she 18 of 382 City Council Agenda June 9, 2014 Page 9 of 9 thanked staff for attending her ward meeting. Ward 2, Alderman Braithwaite stated his next meeting will be for the Spanish speaking residents in his ward on June 19th, as well as a discussion of Team Evanston and the traffic dilemma. Ward 3, Alderman Wynne thanked all 3rd ward members who came out to the meeting as well as the staff. Ward 4, Alderman Wilson congratulated the ETHS team for a great season. Ward 5, Alderman Holmes extended her thanks to Mr. McRae and Lyons for their support over the weekend after the shooting. She also thanked the Meet Action Ministry and the celebration of June 10th that was well attended. She also invited all to next 5th ward meeting Thursday for a short business meeting and then to enjoy the first starlight concert Alderman Wilson motioned to convene to Executive Session to discuss Personnel, and Security Procedures. The motion was seconded and a Voice Vote was received and the Regular Meeting of the City Council was adjourned at 9:15 P.M. Submitted by, Hon. Rodney Greene, MMC City Clerk 19 of 382 ADMINISTRATION & PUBLIC WORKS COMMITTEE Monday, June 23, 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 June 9, 2014 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through June 1, 2014 $2,728,490.14 City of Evanston Payroll through June 15, 2014 $2,690,974.88 (A2) City of Evanston Bills -- June 24, 2014 $3,322,534.63 For Action (A3.1) Approval of Maintenance Plan Agreement for Sherman Plaza in the amount of $115,000 beginning August 23, 2014 through August 22, 2015 The Parking/Transportation Committee and staff recommend that City Council authorize the City Manager to execute an agreement to continue maintenance services for Sherman Plaza at a cost of $115,000. This agreement was originally approved in 2006. The agreement covers the period of August 23, 2014 through August 22, 2015. Funding is provided from the Parking Fund Account: 505.19.7036.62660. For Action (A3.2) Approval of Fence Purchase for Sherman Parking Garage from Custom Built Commercial Fence Corporation Staff recommends City Council authorize the City Manager to purchase and install fencing on the upper deck of the Sherman Parking Garage in the amount of $24,719 from Custom Built Commercial Fence Corporation (721 N. Seminary Ave., Park Ridge, IL). Funding is provided by the Parking Fund Account 700506.65515. For Action Rev. 6/19/2014 4:13:46 PM 20 of 382 (A3.3) Approval of Contract Award to L. Marshall, Inc., for the Lorraine H. Morton Civic Center Boiler Building Roof Replacement Project (Bid 14-38) Staff recommends City Council authorize the City Manager to execute a contract for the Lorraine H. Morton Civic Center (LHMCC) Boiler Building Roof Replacement Project with L. Marshall, Inc., (2100 Lehigh Avenue, Glenview, IL) in the amount of $36,987.16. Funding is provided by the 2014 Civic Center Boiler Building Renovations Account 415177.65510, which has 2014 budget of $120,000. For Action (A3.4) Approval Sherman Avenue Streetscape & Street Resurfacing Contract with A. Lamp Concrete Contractors Inc. (Bid 14-41) Staff recommends that City Council authorize the City Manager to execute a contract for the Sherman Avenue Streetscape & Street Resurfacing Project Grove Street to Lake Street with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $578,875.20. Funding is provided by the CIP Street Resurfacing Fund Account 415857.65515. For Action (A3.5) Approval of Single Source Purchase of Ambulance Power-Load System and Power-Pro XT Cot from Stryker Corp. Staff recommends that City Council authorize the City Manager to execute a single source purchase of an Ambulance Power-Load System, in the amount of $36,531.50 from Stryker Corp. (3800 East Centre Avenue, Portage, MI). Funding is provided by the Fire Management and Support Account 2315.65625. The Evanston Foreign Fire Tax Board will purchase the second lift system. For Action (A3.6) Approval of Vehicle Purchases for FY2014 Staff recommends City Council authorize the City Manager to make nine (9) vehicle replacement purchases for a total amount of $534,046.30 as follows: recycling vehicle from R.N.O.W. Incorporated (8636R W. National Avenue, West Allis, WI) in the amount of $241,148.00; Ford vehicles from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $273,539.00; and Nissan Rogue from Autobarn Nissan (1012 Chicago Avenue, Evanston, IL) in the amount of $19,359.30. Funding is provided by the Equipment Replacement Fund Account 7780.65550, with a budget of $2,694,000. For Action (A3.7) Approval of Contract with Water Resources, Inc. for 2014 Water Meter Purchase (Bid 14-33) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Water Meter Purchase with Water Resources, Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $73,175.00. Funding is provided by the Water Fund accounts for 2014 and 2015. For Action Rev. 6/19/2014 4:13:46 PM 21 of 382 (A4) Approval of Change Order No. 1 for Automatic Meter Information System Project (RFP 13-04) Staff recommends City Council authorize the City Manager to execute Change Order No. 1 for the Automatic Meter Information System with Water Resources Inc. (390 Sadler Avenue, Elgin, IL) with a contract amount decrease of $924.50. This change order will extend the contract by 131 days to November 21, 2014. For Action (A5) Resolution 43-R-14, Adoption of City of Evanston Freedom of Information Act Policy Staff recommends City Council adoption of Resolution 43-R-14 authorizing the City of Evanston Freedom of Information Act Policy. For Action (A6) Resolution 46-R-14, Intergovernmental Agreement between the City and Evanston Township High School District 202 Staff recommends City Council adoption of Resolution 46-R-14 authorizing the City Manager to negotiate and execute an intergovernmental agreement (the “2014 Intergovernmental Agreement”) with Evanston Township High School District 202 (“ETHS”) for the staffing of two police officers at the high school as school resource officers (“SROs”) and for ETHS to employ a Community and External Affairs Coordinator to work on vocational training activities. Funding for the SROs is provided by the Police Department Personnel Account 2235.61010. For Action (A7) Resolution 47-R-14 Authorizing that Payments Relating to the FY2014 Capital Improvement Plan (C.I.P.) Projects be Reimbursed by the Subsequent 2014 General Obligation (G.O.) Bond Issuance Staff recommends City Council adoption of Resolution 47-R-14 authorizing that payments relating to FY 2014 Capital Improvement Plan (C.I.P.) project expenditures up to $11,197,000 be reimbursed by the subsequent 2014 General Obligation (G.O.) bond issuance. For Action (A8) Ordinance 74-O-14, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Staff recommends City Council adoption of Ordinance 74-O-14 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Cleveland Street. This ordinance authorizes the City to borrow up to $253,000. For Introduction Rev. 6/19/2014 4:13:46 PM 22 of 382 (A9) Ordinance 69-O-14, Increasing Fines for Using Mobile Telephones while Operating a Motor Vehicle Staff recommends City Council adoption of Ordinance 69-O-14 amending Evanston City Code Subsection 10-3-13(D), which increases the fines for using a mobile telephone while operating a motor vehicle from the current fifty dollar ($50.00) fine to a seventy-five dollar ($75.00) fine. For Introduction (A10) Ordinance 86-O-14, Increasing Fines for Riding Bicycles on Sidewalks in Certain Business Districts Staff recommends City Council adoption of Ordinance 86-O-14 amending Evanston City Code Subsection 10-9-10(E), which increases the fines for riding a bicycle on a sidewalk in the central business district designated as D1, D2 and D3, or in any other district where signs prohibiting sidewalk riding are posted from the current fifteen dollar ($15.00) fine to a twenty-five dollar ($25.00) fine. For Introduction (A11) Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Local Liquor Commissioner and staff recommend adoption of Ordinance 76-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty- one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. This ordinance was held at the Administration and Public Works Committee on June 9, 2014. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Rev. 6/19/2014 4:13:46 PM 23 of 382 Administration and Public Works Committee Meeting Minutes of June 9, 2014 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: D. Holmes, A. Rainey, P. Braithwaite, C. Burrus MEMBERS ABSENT: J. Grover STAFF PRESENT: D. Stoneback, M. Lyons, W. Bobkiewicz, E. Thomas-Smith, Chief Eddington, C. Plante, T. Turner, L. Jeschke, G. Farrar, J. Maiworm, H. Pirooz, J. McRae, R. Dahal, S. Levine STAFF ABSENT: L. Biggs, S. Robinson, P. D’Agostino, J. Williams-Kinsel, E. Storlie, S. Nagar, S. Flax, A. Porta, J. Murphy, J. Calderon, R. Voss, B. Dorneker, Chief Klaiber PRESIDING OFFICIAL: Ald. Holmes I. DECLARATION OF QUORUM A quorum being present, Ald. Holmes called the meeting to order at 6:06 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF MAY 27, 2014. Ald . Rainey moved to approve the minutes of the May 27, 2014 A&PW meeting as submitted, seconded by Ald. Burrus. The minutes of the May 27, 2014 meeting were approved unanimously 4-0. III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through May 5-18, 2014 $2,570,632.95 (A2) City of Evanston Bills -- June 10, 2014 $2,184,174.14 Credit Card Bill Activity Ending April 30, 2014 $132,118.43 For Action Ald. Burrus moved to approve the City of Evanston Payroll (A1) through May 5-18, 2014 seconded by Ald. Braithwaite. The Committee voted unanimously 4- 0 to approve the payroll. Ald. Burrus moved to approve the City of Evanston Bills through June 10, 2014 and credit card activity ending April 30, 2014, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to approve the bills and credit card activity. (A3.1) Approval of Washington Street Water Main Lining Contract with Fer-Pal Construction USA, LLC DRAFT- NOT APPROVED 24 of 382 Administration and Public Works Committee Meeting Minutes of 6-9-14 Page 2 of 7 Staff recommends that City Council authorize the City Manager to execute a contract for Water Main Lining – Washington Street (Bid No. 14-34) with Fer-Pal Construction USA, LCC (1350 Gasket Drive, Elgin, IL) in the amount of $150,400. Funding is provided from the Water Fund (7330.65515), which has an allocation of $3,350,000 for water main improvements and therefore this account will be over budget by $118,478.50, assuming all projects come in as approved. Staff will monitor the entire Water Fund expense through 2014 to determine if a budget amendment is needed. For Action Ald. Rainey moved to authorize the City Manager to execute a contract for Water Main Lining – Washington Street (Bid No. 14-34) with Fer-Pal Construction USA, LCC in the amount of $150,400, seconded by Ald. Burrus. At Ald. Braithwaite’s request, Director Stoneback explained that this will be the first that the City of Evanston will line a water main to rehabilitate it. There is a 40% cost savings in using this system rather than replacing it. Depending on how this project progresses, the City will look to use this approach in the future on other water mains of which we are not increasing the size. At Ald. Rainey’s inquiry, Director Stoneback confirmed that this particular approach cannot be used as a remedy to a water main break. However, water mains that have had breaks in the past can still be lined using this process. At Ald. Braithwaite’s request, Director Stoneback agreed to verify the contractor’s schedule and distribute newsletters to inform residents on this project. The Committee voted unanimously 4-0 to recommend approval of the contract. (A3.2) Approval of the Renewal Service Agreement with OTIS Elevator Corp. for the Civic and Service Centers, and Maple Avenue and Church Street Self Parks Staff recommends City Council authorize the City Manager to execute a renewal agreement of a sole source service and maintenance agreement with OTIS Elevator Corporation (949 Oak Creek Drive, Lombard, IL) for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages for a 1-year term at a cost of $69,280.32. Funding will be provided from various fund sources, a table is provided. For Action Ald. Holmes moved to recommend that City Council authorize the City Manager to execute a renewal agreement of a sole source service and maintenance agreement with OTIS Elevator Corporation for the elevators at the Service and Civic Centers, and Maple Avenue and Church Street parking garages for a 1-year term at a cost of $69,280.32, seconded by Ald. Burrus. The Committee voted unanimously 4-0 to recommend approval of the agreement. (A3.3) Approval of 2014 50/50 Sidewalk Replacement Contract with Schroeder & Schroeder Inc. 25 of 382 Administration and Public Works Committee Meeting Minutes of 6-9-14 Page 3 of 7 Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 50/50 Sidewalk Replacement Project (Bid 14-30) to Schroeder & Schroeder Inc. (7306 Central Park Avenue, Skokie, IL) in the amount of $352,575. Funding for this work will be from CIP Funds $250,000 (415864.65515) and private funds $122,575. For Action Ald. Braithwaite moved to recommend that City Council authorize the City Manager to execute a contract for the 2014 50/50 Sidewalk Replacement Project (Bid 14-30) to Schroeder & Schroeder Inc. in the amount of $352,575, seconded by Alderman Rainey. The Committee voted unanimously 4-0 to recommend approval of the contract. (A4) Resolution 41-R-14, Open Space Land Acquisition and Development (OSLAD) Grant Application Staff is requesting adoption of Resolution 41-R-14 for an OSLAD grant through the Illinois Department of Natural Resources (IDNR) for the Lovelace Park Athletic Field Renovation Project for the maximum grant award of $400,000. For Action Ald. Burrus moved to recommend adoption of Resolution 41-R-14 for an OSLAD grant through the Illinois Department of Natural Resources (IDNR) for the Lovelace Park Athletic Field Renovation Project for the maximum grant award of $400,000, seconded by Ald. Rainey. The Committee voted unanimously 4-0 to recommend adoption of the resolution. (A5) Resolution 45-R-14, Prevailing Wage Act Compliance Staff recommends City Council adoption of Resolution 45-R-14 in order to comply with the provisions of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. The Act requires that public entities establish prevailing wages in June of every year for certain laborers, workers, and mechanics. The Act also requires that contractors and subcontractors pay workers covered under the Act, who are employed on public works construction projects, a wage no less than the general prevailing rate of wages in the county where the work is performed. For Action Ald. Rainey moved to recommend City Council adoption of Resolution 45-R-14 in order to comply with the provisions of the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq. The Act requires that public entities establish prevailing wages in June of every year for certain laborers, workers, and mechanics. The Act also requires that contractors and subcontractors pay workers covered under the Act, who are employed on public works construction projects, a wage no less than the general prevailing rate of wages in the county where the work is performed, seconded by Ald. Braithwaite. The Committee voted unanimously 4-0 to recommend adoption of the resolution. 26 of 382 Administration and Public Works Committee Meeting Minutes of 6-9-14 Page 4 of 7 (A6) Ordinance 39-O-14, Allowing the Sale of Beer at Automobile Service Stations Local Liquor Commissioner and staff recommend adoption of Ordinance 39-O-14, “Amending City Code Sections 3-4-1 and 3-4-6 By Creating the New Class O Liquor License Allowing the Sale of Beer at Automobile Service Stations Which Have More Than 3000 Feet of Interior Floor Space.” For Action Ald. Holmes moved to recommend adoption of Ordinance 39-O-14, “Amending City Code Sections 3-4-1 and 3-4-6 By Creating the New Class O Liquor License Allowing the Sale of Beer at Automobile Service Stations Which Have More Than 3000 Feet of Interior Floor Space”, seconded by Ald. Burrus. Ald. Rainey explained that this initiative focuses on the Oakton station whose interior size exceeds that of some restaurants that are allowed to sell drinks by the glass. This is only for beer to be sold and consumed off premises. This is a very full service establishment with a Dunkin Donuts, Subway sandwich shop and an extensive convenience store. It is very clean and staffed 24 hours a day. This helps stations like this keep up with the economy. City Attorney Grant Farrar confirmed that regulations of the Class O liquor license state that sale hours are between 8am and midnight. The Committee voted unanimously 4-0 to recommend adoption of the ordinance. (A7) Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Local Liquor Commissioner and staff recommend adoption of Ordinance 76-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. For Action At Ald. Fiske’s request, this item will be held in committee pending a meeting with Alds. Fiske, Holmes, City Attorney Grant Farrar and the applicant in the next two weeks. Ald. Burrus requested that the meeting be scheduled as quickly as possible in order to not hold up the application process. PUBLIC COMMENT David Morton, 815 Noyes, co-owner of DMK Burger and Fish explained that he is still endeavoring to get a license to serve a limited selection of beer only. At Ald. Burrus’ inquiry, Mr. Morton explained that he has attended approximately four meetings in regards to this application. Ald. Burrus stated that she is hopeful that Mr. Morton will have a meeting scheduled so that there is no further delay in this process. 27 of 382 Administration and Public Works Committee Meeting Minutes of 6-9-14 Page 5 of 7 Ald. Holmes clarified that there have only been two meeting regarding the liquor license. The previous meetings were for the restaurant license. Ald. Burrus acknowledged the number of meetings it has taken to get something done and it is being held up for another two weeks. At Ald. Braithwaite’s inquiry, Mr. Morton explained that the intent is to sell only 5-6 craft beers. The total capacity of the restaurant is 26 people. At Ald. Holmes’ inquiry, City Attorney Farrar confirmed that Class D licenses permits sale of alcoholic liquor. He explained that the representation made by the applicant tonight to only serve beer has not been present in the application materials until now. Ald. Rainey made a reference to the committee to review the ordinance again to ensure that establishments that request only the sale of beer and wine serve only those items and nothing more. She suggested enumerating the specific license requests (Example: 1. Beer; 2. Beer and wine; 3. Beer, wine and alcohol). Matt Doherty, 2122A Maple, part of the Firemen’s Park Neighborhood Group expressed a great deal of concern about improving the quality of family life on Noyes Street. He also raised concerns about issuing a liquor license that is not just limited to beer, as well as Mr. Morton’s statement that DMK would not be selling wine or liquor “at this time.” Mr. Doherty explained that the prevailing opinion of the families in the area is opposition to this license. Barbara Janes, 802 Colfax, is opposed to this issuance of this liquor license. She does not understand how DMK could be limited to selling just beer under the current Class D license. She also noted that there is no requirement to sell food with liquor in this ordinance. She expressed concern that with the issuance of this license to DMK, other establishments like D&D and Rolling To Go, will be next to apply for such a license. Ms. Janes explained that this would change the character of Noyes Street. She asked that whatever parties meet with Mr. Morton confirm in writing that DMK would only serve beer. Ald. Burrus confirmed that both the Noyes Street Café and D&D Finer Foods sell beer and wine. Ald. Fiske, 1st Ward alderman, noted that there has been significant discussion in the neighborhood since learning about the liquor license application by DMK. She explained that DMK testified that they would not seek a liquor license when they made their application for a Type 2 restaurant at the Site Plan and Appearance Review Committee meeting in March. She was not notified as the ward alderman prior to the May meeting where DMK requested the Class D liquor license. Ald. Fiske explained that serious concerns have been raised regarding this establishment selling liquor. This venue is very small with no tables and only a bar area. She explained that there is support for beer and wine at the establishment, but absolutely no support for alcohol. She supports Ald. Rainey’s suggestion to revise the ordinance to carve out specific license requests. 28 of 382 Administration and Public Works Committee Meeting Minutes of 6-9-14 Page 6 of 7 Ald. Fiske is extremely concerned that the way the ordinance is written, a patron could refuse to buy food but still purchase an alcoholic beverage. That means the Type 2 establishment could function as a bar. There are only four Type 2 restaurants in the City, mostly in the downtown area, with the exception of Panino’s on Dempster and Dodge. Ald. Fiske explained that this is a neighborhood shopping district where the neighbors are very invested in keeping the quality of shopping high. Mr. Morton welcomed the dialogue regarding his restaurant. He leased the space with the assumption that a liquor license would certainly be an option given the number of establishments adjacent to his with liquor licenses. He applied for the license after patrons asked if they could have a beer with their burger. Mr. Morton explained that he and his partner are restauranteurs, not barkeeps. Beer is simply an amenity they offer guests with their food. He completely understands the concern, however the vast majority of their sales is in food not alcohol. Ald. Holmes confirmed that this item will be held in committee. Pending a meeting with the applicant, this item will come back to the June 23rd meeting. (A8) Ordinance 77-O-14, Increasing the Number of Class U Liquor Licenses for Piccolo Theatre, Inc., 600 Main Street Local Liquor Commissioner and staff recommend adoption of Ordinance 77-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class U liquor licenses from zero (0) to one (1) and permit issuance of a Class U license to Piccolo Theatre, Inc. (“Company”), 600 Main Street. For Introduction Ald. Burrus moved to recommend adoption of Ordinance 77-O-14 amending Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class U liquor licenses from zero (0) to one (1) and permit issuance of a Class U license to Piccolo Theatre, Inc. (“Company”), 600 Main Street, seconded by Ald. Rainey. The Committee voted unanimously 4-0 with to recommend adoption of the ordinance. (A9) Ordinance 73-O-14, Establishing a 3-Way Stop at the Intersection of Wesley Avenue and Seward Street Staff recommends City Council adoption of Ordinance 73-O-14 which would amend Section 10-11-5(C), Schedule V(C) of the City Code to establish a 3-Way Stop at the intersection of Wesley Avenue and Steward Street. Funding will be through the General Fund-Traffic Control Supplies (2670.65115), with a budget of $40,000 for FY 2014. For Introduction Ald. Rainey moved to recommend City Council adoption of Ordinance 73-O-14, which would amend Section 10-11-5(C), Schedule V(C) of the City Code to 29 of 382 Administration and Public Works Committee Meeting Minutes of 6-9-14 Page 7 of 7 establish a 3-Way Stop at the intersection of Wesley Avenue and Steward Street. Funding will be through the General Fund-Traffic Control Supplies (2670.65115), with a budget of $40,000 for FY 2014, seconded by Ald. Burrus. The Committee voted unanimously 4-0 with to recommend adoption of the ordinance. IV. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Burrus moved to adjourn. The Committee voted unanimously 4-0 to adjourn. The meeting was adjourned at 6:43p.m. Respectfully submitted, Janella Hardin 30 of 382 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Tera Davis, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: June 19, 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 – May 19, 2014 through June 1, 2014 $2,728,490.14 Payroll – June 02, 2014 through June 15, 2014 $2,690,974.88 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – June 24, 2014 $3,322,534.63 General Fund Amount – Bills list $ 590,220.65 General Fund Amount – Supplemental list $ 7,470.98 General Fund Total: $ 597,691.63 TOTAL AMOUNT OF BILLS LIST & PAYROLL $8,741,999.65 *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 June 23, 2014 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 31 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 100  GENERAL FUND 21639 EYE MED VISION CARE VISION INSURANCE PREMIUM 3,053.88 21640 METLIFE SMALL BUSINESS CENTER DENTAL INSURANCE PREMIUM 18,971.16 21640 GUARDIAN DENTAL INSURANCE PREMIUM 14,462.56 21650 NATIONAL GUARDIAN LIFE INSURANCE COMONTHLY INVOICE 339.39 41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED MONEY AWARD 220.00 100 GENERAL Total 37,046.99 1510  PUBLIC INFORMATION 62210 EVANSTON ROUNDTABLE LLC PRINTING 900.00 62210 QUARTET COPIES LEVY WELCOME PACKET 526.50 62506 NORTHWESTERN UNIVERSITY FIRST QUARTER‐WORK STUDY 2014 785.75 1510  PUBLIC INFORMATION Total 2,212.25 1705  LEGAL ADMINISTRATION 62345 FEDERAL EXPRESS CORP.SHIPPING CHARGES 86.38 1705  LEGAL ADMINISTRATION Total 86.38 1905  ADM.SERVICES‐ GENERAL SUPPORT 62185 ACCOUNTEMPS CONSULTING SERVICES 5,029.75 62295 MARTIN S. LYONS TRAVEL REIMBURSEMENT 217.98 62295 ASHLEY M PORTA TRAVEL REIMBURSEMENT 544.30 62615 MESIROW FINANCIAL INSURANCE PREMIUM 42.00 1905  ADM.SERVICES‐ GENERAL SUPPORT Total 5,834.03 1910  FINANCE DIVISION ‐ REVENUE 62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 2,354.29 64541 AZAVAR TECHNOLOGIES CONSULTING SERVICES 51.92 1910  FINANCE DIVISION ‐ REVENUE Total 2,406.21 1920  FINANCE DIVISION ‐ ACCOUNTING 62110 BAKER TILLY VIRCHOW KRAUSE, LLP AUDITING SERVICES 40,875.00 62185 ACCOUNTEMPS ACCOUNTING SERVICES 5,389.54 62185 TEPFER CONSULTING GROUP LTD PENSION ACTUARIAL VALUATION 8,166.00 62280 FEDERAL EXPRESS CORP.SHIPPING CHARGES 47.80 62770 OFFICE OF THE STATE COMPTROLLER REPORT FILING FEES 71.25 1920  FINANCE DIVISION ‐ ACCOUNTING Total 54,549.59 1925  FINANCE DIVISION ‐ PURCHASING 62185 GOV TEMPS USA, LLC LEP COMPLIANCE 1,575.00 62185 GOV TEMPS USA, LLC LEP COMPLIANCE 1,575.00 1925  FINANCE DIVISION ‐ PURCHASING Total 3,150.00 1929  HUMAN RESOURCE DIVISION 62160 ILLINOIS STATE POLICE BACKGROUND CHECKS 441.00 62160 LASER ASSOC., STEPHEN A.TESTING‐POLICE 1,200.00 62160 THEODORE POLYGRAPH SERVICE, INC. EMPLOYMENT TESTING 405.00 62274 TRANS UNION CORP BACKGROUND CHECKS‐POLICE 338.28 62274 I/O SOLUTIONS, INC PROMOTIONAL PROCESSES‐FIRE 8,820.00 62310 NORTHERN ILLINOIS UNIVERSITY CONFERENCE REGISTRATION 1,875.00 62360 CITYTECH USA, INC.MEMBERSHIP FEE 390.00 62512 WFCA: THE DAILY DISPATCH RECRUITMENT 475.00 62630 SEDGWICK, INC.UNEMPLOYMENT COMPENSATION ADMIN 1,200.00 1929  HUMAN RESOURCE DIVISION Total 15,144.28 1932  INFORMATION TECHNOLOGY DIVI. 62250 SMS SYSTEMS MAINTENANCE SERVICES, COMPUTER HARDWARE MAINTENANCE 590.80 62340 SOURCE DIRECT HARDWARE AND SOFTWARE MAINTENANC 1,081.20 62380 CHICAGO OFFICE TECHNOLOGY GROUP COPIER CHARGES 2,446.83 62506 NORTHWESTERN UNIVERSITY FIRST QUARTER‐WORKSTUDY 2014 343.50 62509 TERILLIUM TERILLIUM 2014 20 HOURS 6‐MONTHS ‐ JD 3,100.00 65615 COMCAST CABLE COMM. CHARGES‐MAY 2014 7,722.40 65615 COMMUNICATION REVOLVING FUND COMM. CHARGES‐MAY 2014 583.33 1932  INFORMATION TECHNOLOGY DIVI. Total 15,868.06 1941  PARKING ENFORCEMENT & TICKETS 52505 CASLER, JEANINE CITATION REFUND 30.00 62451 NORTH SHORE TOWING IMMOBILIZATION PROGRAM 2014 1,120.00 64005 COMED UTILITIES MAY 2014 15.40 1941  PARKING ENFORCEMENT & TICKETS Total 1,165.40 2126  BUILDING INSPECTION SERVICES 52095 LAMBERG, BRIAN K PERMIT REFUND 75.00 62190 CHICAGO TITLE INSURANCE TITLE SERVICES 60.00 62190 CLEAN CITY INNOVATIONS, LLC GRAFFITI REMOVAL 865.00 62295 HYUNGSIG SONN CONTINUING EDUCATION 30.80 62360 ILLINOIS ASSOCIATION OF CODE ENFORCEQRT IACE TRAINING 35.00 Page 132 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 62425 ELEVATOR INSPECTION SERVICE INSPECTION SERVICE 8,039.00 62464 LAMBERG, BRIAN K ELECTRICAL INSPECTIONS 300.00 65095 CLAUDE F. GARESCHE, Jr.REIMBURSEMENT 38.14 2126  BUILDING INSPECTION SERVICES Total 9,442.94 2205  POLICE ADMINISTRATION 62210 THE PRINTED WORD, INC.BROCHURES 40.00 62225 FEDERAL EXPRESS CORP.SHIPPING CHARGES 21.70 62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE CONTRACT‐MULTIPLE 3,043.98 62360 NELSON, KELLI VICTIM SERVICE ADVOCATE 995.53 62360 HANSCOM, LILY CONTRACTOR‐ YOUTH SVC 1,149.20 65085 A‐MIDWEST BOARD‐UP INC.BOARD UP SERVICE 621.50 65125 EVANSTON FUNERAL & CREMATION REMOVAL SERVICES 1,242.00 2205  POLICE ADMINISTRATION Total 7,113.91 2210  PATROL OPERATIONS 65020 VCG UNIFORM UNIFORM 327.65 65020 VCG UNIFORM UNIFORM 845.00 65020 VCG UNIFORM UNIFORM 280.70 65020 ARTISTIC ENGRAVING RETIREMENT BADGES 473.75 2210  PATROL OPERATIONS Total 1,927.10 2215  CRIMINAL INVESTIGATION 65095 ECPI/ARROWHEAD FORENSIC PRODUCTS FORENSIC SUPPLIES 161.00 2215  CRIMINAL INVESTIGATION Total 161.00 2240  POLICE RECORDS 65095 MSF GRAPHICS, INC.PRINTING‐ CONTACT CARDS 276.26 65095 ULINE OFFICE SUPPLIES‐LIT 85.16 2240  POLICE RECORDS Total 361.42 2250  SERVICE DESK 62425 COLLEY ELEVATOR CO.MONTHLY ELEVATOR INSPECTION 176.00 65125 LAUNDRY WORLD BLANKETS 147.00 2250  SERVICE DESK Total 323.00 2255  OFFICE‐PROFESSIONAL STANDARDS 61055 NET TRANSCRIPTS, INC.TRANSCRIPTS 115.50 2255  OFFICE‐PROFESSIONAL STANDARDS Total 115.50 2260  OFFICE OF ADMINISTRATION 62295 EDDINGTON, RICHARD MONTHLY TRAINING 125.00 62295 NORTH EAST MULTI‐REGIONAL TRAININGTRAINING‐HANDGUN SKILLS 900.00 62295 NORTH EAST MULTI‐REGIONAL TRAININGTRAINING‐SEIZURE UPDATE 50.00 62295 NORTHERN ILLINOIS POLICE ALARM SYST TRAINING‐NIPAS 150.00 62295 WILLIAM ARZUAGE FUEL REIMBURSEMENT 125.85 65555 CURRENT TECHNOLOGIES CORPORATION CAMERA EQUIPMENT 255.68 2260  OFFICE OF ADMINISTRATION Total 1,606.53 2270  TRAFFIC BUREAU 65125 SANTA, NICHOLAS DALLA REFUND STORAGE 40.00 2270  TRAFFIC BUREAU Total 40.00 2280  ANIMAL CONTROL 62225 ANDERSON PEST CONTROL PEST CONTROL 52.76 64015 NICOR UTILITIES‐MAY 14 203.47 65125 HILLS PET NUTRITION PET FOOD ANIMAL SHELTER 299.85 2280  ANIMAL CONTROL Total 556.08 2305  FIRE MGT & SUPPORT 62315 FEDERAL EXPRESS CORP.SHIPPING CHARGES 54.37 65020 AIR ONE EQUIPMENT UNIFORMS 765.00 65020 ILLINOIS FIRE STORE UNIFORMS 295.62 65020 ON TIME EMBROIDERY, INC.UNIFORMS 828.50 65020 ON TIME EMBROIDERY, INC.UNIFORMS 49.80 65125 ILLINOIS FIRE CHIEFS ASSOCIATION FLAG 87.00 2305  FIRE MGT & SUPPORT Total 2,080.29 2310  FIRE PREVENTION 62295 FIRE INVESTIGATORS STRIKE FORCE MEMBER TRAINING 30.00 62295 FIRE INVESTIGATORS STRIKE FORCE MEMBERSHIP FEES 2014 75.00 2310  FIRE PREVENTION Total 105.00 2315  FIRE SUPPRESSION 62295 KIMBERLY K KULL IFSI CHAMPAIGN 728.19 62295 UNIVERSITY OF ILLINOIS FIREFIGHTER TRAINING 6,000.00 62295 UNIVERSITY OF ILLINOIS OFFICER TRAINING 675.00 Page 233 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 62295 EMANUEL S PERRINO PARAMEDIC LICENCE 41.75 62295 RONALD D. SHULGA PARAMEDIC LICENCE RENEWAL 41.75 62295 KAMARCHEVAKUL, MEGAN REIMBURSEMENT 253.96 62295 ALFREDO JAIMEZ REIMBURSEMENT 140.00 62430 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE CONTRACT 626.19 62509 KC FITNESS SERVICE EQUIPMENT REPAIR 1,039.38 62522 AIR ONE EQUIPMENT HYDRO TESTING 344.50 65015 PRAXAIR DISTIBUTION INC MEDICAL OXYGEN 413.15 65040 STATE CHEMICAL MFG CO.JANITORIAL SERVICES 469.99 2315  FIRE SUPPRESSION Total 10,773.86 2435  FOOD AND ENVIRONMENTAL HEALTH 62210 TEUTEBERG INC RODENT INSPECTION 550.00 62471 ADAPCO, INC.FY14 WEST NILE VIRUS TESTING SUPPLIES 3,816.48 62472 IDEXX DISTRIBUTION, INC.FY14 BEACH WATER TESTING SUPPLIES 3,533.80 62477 VERIZON WIRELESS COMM. CHARGES‐MAY 2014 194.53 62477 Charlotte Picard PANDEMIC INFLUENZA 48.20 64540 VERIZON WIRELESS COMM. CHARGES‐MAY 2014 60.06 65095 OFFICE DEPOT OFFICE SUPPLIES 205.21 2435  FOOD AND ENVIRONMENTAL HEALTH Total 8,408.28 2440  VITAL RECORDS 62490 ILLINOIS DEPARTMENT OF PUBLIC HEALT DEATH CERTIFICATES 1,656.00 65095 MSF GRAPHICS, INC.SUPPLIES 161.47 2440  VITAL RECORDS Total 1,817.47 2455  COMMUNITY HEALTH 62371 EVANSTON  IMPRINTABLES, INC. SUPPLIES 1,921.40 2455  COMMUNITY HEALTH Total 1,921.40 2460  COMMUNITY PURCHASED SERVICES 67010 CHILDCARE NETWORK OF EVANSTON FY14 COMMUNITY PURCHASED SERVICES 25,618.40 67015 PEER SERVICES, INC.FY14 COMMUNITY PURCHASED SERVICES 18,911.55 67030 FAMILY FOCUS FY14 COMMUNITY PURCHASED SERVICES 7,100.65 67040 LEGAL ASSISTANCE FOUNDATION OF CHICFY14 COMMUNITY PURCHASED SERVICES 2,912.95 67045 Y.O.U.FY14 COMMUNITY PURCHASED SERVICES 19,031.25 67050 JAMES B. MORAN CENTER FOR YOUTH ADFY14 COMMUNITY PURCHASED SERVICES 7,719.20 67065 HOUSING OPTIONS FOR THE MENTALLY I FY14 COMMUNITY PURCHASED SERVICES 11,724.20 67070 SHORE COMMUNITY SERVICES FY14 COMMUNITY PURCHASED SERVICES 6,193.90 67085 EVANSTON/NORTHSHORE YWCA FY14 COMMUNITY PURCHASED SERVICES 1,210.45 67090 CHILD CARE CENTER OF EVANSTON FY14 COMMUNITY PURCHASED SERVICES 3,814.20 67110 CONNECTIONS FOR THE HOMELESS FY14 COMMUNITY PURCHASED SERVICES 5,367.70 67125 INFANT WELFARE SOCIETY FY14 COMMUNITY PURCHASED SERVICES 12,287.95 67140 NORTH SHORE SENIOR CENTER FY14 COMMUNITY PURCHASED SERVICES 7,719.20 67145 METROPOLITAN FAMILY SERVICES FY14 COMMUNITY PURCHASED SERVICES 12,616.70 67146 NORTHWEST CENTER AGAINST SEXUAL A FY14 COMMUNITY PURCHASED SERVICES 2,712.95 2460  COMMUNITY PURCHASED SERVICES Total 144,941.25 2499  GENERAL ASSISTANCE 62130 BAKER TILLY VIRCHOW KRAUSE, LLP AUDIT SERVICES 1,500.00 62910 CHILD CARE CENTER OF EVANSTON FY14 COMMUNITY PURCHASED SERVICES 1,020.00 62940 LEGAL ASSISTANCE FOUNDATION OF CHICFY14 COMMUNITY PURCHASED SERVICES 796.25 62980 NORTH SHORE SENIOR CENTER FY14 COMMUNITY PURCHASED SERVICES 1,990.00 63067 Childcare Network Of Evanston FY14 COMMUNITY PURCHASED SERVICES 6,507.50 63068 HOUSING OPTIONS FOR THE MENTALLY I FY14 COMMUNITY PURCHASED SERVICES 2,985.00 63069 JAMES B. MORAN CENTER FOR YOUTH ADFY14 COMMUNITY PURCHASED SERVICES 1,990.00 63070 PEER SERVICES, INC.FY14 COMMUNITY PURCHASED SERVICES 4,985.00 63071 SHORE COMMUNITY SERVICES FY14 COMMUNITY PURCHASED SERVICES 1,683.75 67030 FAMILY FOCUS FY14 COMMUNITY PURCHASED SERVICES 1,908.75 67045 Y.O.U.FY14 COMMUNITY PURCHASED SERVICES 5,968.75 67110 CONNECTIONS FOR THE HOMELESS FY14 COMMUNITY PURCHASED SERVICES 1,405.00 67111 EVANSTON/NORTHSHORE YWCA FY14 COMMUNITY PURCHASED SERVICES 373.75 67125 INFANT WELFARE SOCIETY FY14 COMMUNITY PURCHASED SERVICES 5,671.25 67145 METROPOLITAN FAMILY SERVICES FY14 COMMUNITY PURCHASED SERVICES 3,206.25 67146 NORTHWEST CENTER AGAINST SEXUAL A FY14 COMMUNITY PURCHASED SERVICES 746.25 2499  GENERAL ASSISTANCE Total 42,737.50 2605  DIRECTOR OF PUBLIC WORKS 65095 OFFICE DEPOT RETURN OFFICE SUPPLIES (62.70) 2605  DIRECTOR OF PUBLIC WORKS Total (62.70) 2610  MUNICIPAL SERVICE CENTER 62430 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE CONTRACT 1,450.68 62440 METRO DOOR AND DOCK, INC. OVERHEAD DOOR MAINTENANCE 922.93 62518 FOX VALLEY FIRE & SAFETY SECURITY SYSTEM‐FIRE ALARM 496.00 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLY 918.63 65040 WAREHOUSE DIRECT INC.RETURNED SUPPLIES (29.85) Page 334 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 85.30 2610  MUNICIPAL SERVICE CENTER Total 3,843.69 2625  ENGINEERING 62210 FEDERAL EXPRESS CORP.SHIPPING CHARGES 20.30 62235 MASTER GRAPHICS PLOTWAVE MAINTENANCE 960.00 2625  ENGINEERING Total 980.30 2640  TRAF. SIG. & ST. LIGHT. MAINT 64007 COMED TRAFFIC LIGHTING MAY 2014 9,340.02 64008 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 36.74 2640  TRAF. SIG. & ST. LIGHT. MAINT Total 9,376.76 2655  PARKS & FORESTRY MAINT. & OPER. 62199 PLAYPOWER LT FARMINGTON INC. PARK MAINTENANCE 528.84 62199 LURVEY LANDSCAPE SUPPLY MAINTENANCE LIGHTHOUSE 793.55 62199 KOMPAN, INC.KOMPAN NET CLIMBER MASON PARK 1,686.78 62199 JULIE CUTTER PAINT AND SUPPLIES 265.16 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY TRAINING 50.00 62496 RAINBOW TREECARE ARBOTECT FUNGICIDE 31,185.00 62496 RAINBOW TREECARE INOCULATION 187.50 65005 LURVEY LANDSCAPE SUPPLY LANDSCAPE 1,811.50 65005 LURVEY LANDSCAPE SUPPLY LANDSCAPE NOAH'S PLAYGROUND 570.40 65005 MEILLAND STAR ROSES BOTANICAL  SUPPLIES 900.77 65055 KOMPAN, INC.EQUIPMENT 529.82 65070 REINDERS, INC.OFFICE EQUIPMENT 94.15 65070 KIMBALL MIDWEST BLOW GUN 114.70 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 82.57 65090 PROSAFETY EQUIPMENT CO.EQUIPMENT 182.50 65090 PROSAFETY EQUIPMENT CO.EQUIPMENT 182.50 2655  PARKS & FORESTRY MAINT. & OPER. Total 39,165.74 2665  STREETS AND SANITATION ADMINIS 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY TRAINING 50.00 2665  STREETS AND SANITATION ADMINIS Total 50.00 2670  STREET AND ALLEY MAINTENANCE 62415 G & L CONTRACTORS, INC DEBRIS REMOVAL 2,640.00 65055 ARTS & LETTERS LTD.OFFICE SIGNS 170.00 65055 PETER BAKER & SON CO.FY2014 COLD PATCH MATERIAL PURCHASE 5,280.50 65055 OZINGA CHICAGO RMC, INC.CONCRETE CONTRACT EXTENSION 2,383.00 65115 TRAFFIC & PARKING CONTROL CO INC TRAFFIC SIGN RECYCLING 1,423.52 2670  STREET AND ALLEY MAINTENANCE Total 11,897.02 2677  FACILITIES 62225 ANDERSON PEST CONTROL BUILDING MAINTENANCE 464.20 62225 MARK VEND COMPANY VENDING SERVICE 94.50 62225 DUSTCATCHERS, INC.FLOOR MAT SERVICE 229.00 62225 SMITH MAINTENANCE COMPANY JANITORIAL SERVICE CONTRACT 4,669.91 64015 NICOR UTILITIES MAY 2014 81.75 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLY 2,514.61 65050 AGGRESSIVE INDUSTRIES INC SUPER DECKS‐LEE ST. BEACH 2,519.00 65050 DOOR SYSTEMS, INC.DOOR SERVICE 1,450.00 2677  FACILITIES Total 12,022.97 2680  SNOW AND ICE CONTROL 65015 MORTON SALT FY2014 ROCK SALT 60,673.64 2680  SNOW AND ICE CONTROL Total 60,673.64 3010  REC. BUSINESS & FISCAL MGMT 62705 PLUG & PAY TECHNOLOGIES FEE CC MACHINES 292.20 62705 PLUG & PAY TECHNOLOGIES ONLINE REGISTRATION PAYMENTS 29.20 3010  REC. BUSINESS & FISCAL MGMT Total 321.40 3020  REC GENERAL SUPPORT 62490 TERESA'S FRUIT AND HERBS VENDOR LINK REIMBURSEMENT 107.00 62490 LAKE BREEZE ORGANICS VENDOR LINK REIMBURSEMENT 38.00 62490 LYON'S FARM VENDOR LINK REIMBURSEMENT 36.00 62490 HENRY'S FARM VENDOR LINK REIMBURSEMENT 53.00 62490 HEARTLAND MEATS VENDOR LINK REIMBURSEMENT 104.00 62490 GENEVA LAKES PRODUCE VENDOR LINK REIMBURSEMENT 67.00 62490 OLD TOWN OIL VENDOR LINK REIMBURSEMENT 45.00 62490 NOFFKE FAMILY FARM VENDOR LINK REIMBURSEMENT 41.00 62490 NICHOLS FARM & ORCHARD VENDOR LINK REIMBURSEMENT 59.00 62490 K.V. STOVER AND SON VENDOR LINK REIMBURSEMENT 102.00 62490 GREAT HARVEST BREAD CO.VENDOR LINK REIMBURSEMENT 46.00 62490 GREEN ACRES VENDOR LINK REIMBURSEMENT 44.00 Page 435 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 62490 RIVER VALLEY RANCH VENDOR LINK REIMBURSEMENT 65.00 3020  REC GENERAL SUPPORT Total 807.00 3025  PARK UTILITIES 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 1,633.42 3025  PARK UTILITIES Total 1,633.42 3030  CROWN COMMUNITY CENTER 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 2,771.70 3030  CROWN COMMUNITY CENTER Total 2,771.70 3035  CHANDLER COMMUNITY CENTER 62507 CLASSIC BOWL SPORTS CAMP 172.00 62507 BICKER BROS, INC DBA NOVELTY GOLF SPORTS CAMP FIELD TRIP 210.00 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 1,149.29 65110 WILL ENTERPRISES CAMPER AND STAFF SHIRTS 5,207.75 3035  CHANDLER COMMUNITY CENTER Total 6,739.04 3040  FLEETWOOD JOURDAIN COM CT 62210 GENERATION COPY INC PLAYTIME IN PARK: FLIERS 66.50 62210 GENERATION COPY INC PRINTING OF FLYERS 26.50 62225 HENRICHSEN FIRE & SAFETY SCHEDULED MAINTENANCE 243.50 62505 DUARTE, BLANCA AFTER SCHOOL: LANGUAGE INSTRUCTION 300.00 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 1,898.76 65025 CATHOLIC CHARITIES OF CHICAGO CONGREGATE MEAL PROGRAM 457.80 65040 LAPORT INC JANITORIAL SUPPLIES 114.96 65110 COMCAST CABLE CABLE SERVICES MAY 2014 28.38 65110 CINTAS CORPORATION #769 CLEANING OF MATS 163.04 3040  FLEETWOOD JOURDAIN COM CT Total 3,299.44 3045  FLEETWOOD/JOURDAIN THEATR 62490 JARED GOODING LIGHTING DESIGN FOR FJT 500.00 62490 DANA MAJOR ART STUDIO, LLC INSTALLATION ART DESIGN FOR FJT 500.00 62511 MUSE OF FIRE THEATRE COMPANY SHAKESPEARE IN THE PARK 450.00 62511 JESSICA FORELLA STAGE MANAGER FJT 600.00 3045  FLEETWOOD/JOURDAIN THEATR Total 2,050.00 3050  RECREATION OUTREACH PROGRAM 62210 GENERATION COPY INC PRINTING SERVICES 472.80 62210 GENERATION COPY INC PRINTING SERVICES 58.00 62210 HOME CITY ICE COMPANY ICE FOR SUMMER FOOD PROGRAM 395.00 62511 MUSE OF FIRE THEATRE COMPANY SHAKESPEARE IN THE PARK 450.00 3050  RECREATION OUTREACH PROGRAM Total 1,375.80 3055  LEVY CENTER SENIOR SERVICES 62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 44.94 62505 COMPUTER TRAINING & SUPPORT SERVICPC TRAINING 50.00 62505 ATSUKO NOGUCHI LANGUAGE INSTRUCTOR 280.00 62509 CINTAS CORPARATION #769 CLEANING OF MATS 140.70 62511 COMCAST CABLE COMM. CHARGES‐MAY 2014 134.09 62695 303 TAXI TAXI COUPON REIMBURSEMENT 14,406.00 62695 AMERICAN CHARGE SERVICE TAXI COUPON REIMBURSEMENT 90.00 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 3,585.69 65040 LAPORT INC SUPPLIES 347.15 65095 CHICAGO OFFICE TECHNOLOGY GROUP COPIER SUPPLIES 193.00 65110 MOBILE MINI, INC.TEMP STORAGE UNIT 111.58 3055  LEVY CENTER SENIOR SERVICES Total 19,383.15 3080  BEACHES 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 90.11 65040 WAREHOUSE DIRECT INC.JANITORIAL SUPPLY PURCHASE 259.59 65110 VAN'S ENTERPRISES LTD SINGLE SOURCE SOD PURCHASE‐JAMES PAR 13,905.00 3080  BEACHES Total 14,254.70 3095  CROWN ICE RINK 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 8,315.09 3095  CROWN ICE RINK Total 8,315.09 3100  SPORTS LEAGUES 65110 VAN'S ENTERPRISES LTD SOD JAMES PARK 1,450.00 65110 DES PLAINES MATERIAL & SUPPLY LLC SUPPLIES 3,791.66 3100  SPORTS LEAGUES Total 5,241.66 3130  SPECIAL RECREATION 62490 MCGAW YMCA POOL RENTAL FOR RECREATION PROGRAM 2,400.00 3130  SPECIAL RECREATION Total 2,400.00 Page 536 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 3155  GOLF 62505 3 POINT ATHLETICS YOUTH GOLF INSTRUCTION 3,028.35 3155  GOLF Total 3,028.35 3605  ECOLOGY CENTER 62235 ALARM DETECTION SYSTEMS, INC. QUARTERLY CHARGES 124.41 62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 60.72 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 452.01 3605  ECOLOGY CENTER Total 637.14 3710  NOYES CULTURAL ARTS CENTER 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 1,416.92 3710  NOYES CULTURAL ARTS CENTER Total 1,416.92 3720  CULTURAL ARTS PROGRAMS 62210 QUARTET COPIES STARLIGHT CONCERT POSTER 103.70 62210 BLUE ISLAND NEWSPAPER PRINTING, INC PRINTING OF POCKET CALENDARS 1,340.00 62509 DAYNA CALDERON STARLIGHT ENTERTAINMENT COORDINATO 1,000.00 62511 JONES, JOSLYN YVONNE STARLIGHT JUNETEENTH PERFORMER 200.00 62511 CARVALHO, HANNAH STARLIGHT ‐ FACE PAINTING 100.00 62511 PARAS, ANGELITA ETHNIC FEST ENTERTAINMENT 500.00 62511 OBA WILLIAM KING ETHNIC FEST STORYTELLER 400.00 62511 BANDY, DYLAN OPERA PERFORMANCE FOR CAMP 50.00 62511 HOUNDS OF FINN LLP FESTIVAL ENTERTAINMENT 1,000.00 62511 LINDA GORHAM FESTIVAL STORYTELLER 400.00 62511 JACQULINE GAIL ROSEBOROUGH JUNETEENTH ARTIST 200.00 62511 MOLLY BEARMAN ORGANIZATION SERVC. FOR CAMP 250.00 62511 ROBERT SIMMONS STARLIGHT ENTERTAINMENT 200.00 65020 EVANSTON  IMPRINTABLES, INC. CAMP T‐SHIRT SCREEN PRINTING 959.00 3720  CULTURAL ARTS PROGRAMS Total 6,702.70 100  GENERAL FUND Total 590,220.65 175  GENERAL ASSISTANCE FUND 4605 GENERAL ASSISTANCE ADMIN 62315 PITNEY BOWES POSTAGE 46.13 64572 NORTHSHORE UNIVERSITY HEALTH SYSTE RESPIRATORY SVC 527.66 64573 ACCESS COMMUNITY HEALTH NETWORK GENERAL ASSISTANCE 71.82 64573 PRESENCE BEHAVIORAL HEALTH PSYCHOTHERAPY 71.82 64573 ERIE FAMILY HEALTH CENTER, INC. MARCH MEDICAL BILLS 105.93 64575 ST. FRANCIS HOSPITAL RESPIRATORY SVC 19.09 64577 NORTHSHORE UNIVERSITY HEALTH SYSTE RESPIRATORY SVC 2,820.62 64578 ACCESS COMMUNITY HEALTH NETWORK GENERAL ASSISTANCE 43.01 64578 PRESENCE BEHAVIORAL HEALTH PSYCHOTHERAPY 43.01 64579 PRESENCE BEHAVIORAL HEALTH PSYCHOTHERAPY 122.49 4605 GENERAL ASSISTANCE ADMIN Total 3,871.58 175  GENERAL ASSISTANCE FUND Total 3,871.58 195  NEIGHBORHOOD STABILIZATION FUND 5005 NSP‐GENERAL ADMINISTRATION 62295 SARAH K FLAX REIMBURSEMENT 14.50 5005 NSP‐GENERAL ADMINISTRATION Total 14.50 5006 PROGRAM DEVELOPMENT 62490 HOUSING OPPORTUNITY DEVELOPMENT NSP2 HOUSING COUNSELING 7,737.50 5006 PROGRAM DEVELOPMENT Total 7,737.50 195  NEIGHBORHOOD STABILIZATION FUND Total 7,752.00 200  MOTOR FUEL TAX FUND 5096 2014 MFT STREET RESURFACING 65515 CHICAGOLAND PAVING CONTRACTORS, IN2014 MFT RESURFACING PROJECT 144,835.76 5096 2014 MFT STREET RESURFACING Total 144,835.76 200  MOTOR FUEL TAX FUND Total 144,835.76 205 EMERGENCY TELEPHONE (E911) FUND 5150  EMERGENCY TELEPHONE SYSTM 62509 MOTOROLA SOLUTIONS, INC. POLICE SERV.AGREEMENT RENEWAL 19,273.23 62509 PATTEN INDUSTRIES CAT ELC 544.76 62509 MOTOROLA, INC.ANNUAL SERVICE AGREEMENT 8,578.92 62509 LOGICALIS, INC.EPD IBM/CAD HARDWARE SUPPORT 4,512.46 64505 AT & T COMM. CHARGES‐MAY 2014 1,974.47 Page 637 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 64540 VERIZON WIRELESS COMM. CHARGES‐MAY 2014 2,964.78 5150  EMERGENCY TELEPHONE SYSTM Total 37,848.62 205 EMERGENCY TELEPHONE (E911) FUND Total 37,848.62 215  CDBG FUND 5200  HOUSING ASSISTANCE 62825 OXFORD MANAGEMENT SECURITY IMPROVEMENT 1,662.50 5200  HOUSING ASSISTANCE Total 1,662.50 5220  CDBG ADMINISTRATION 62295 JACOBS, APRIL REIMBURSEMENT 39.33 62295 SARAH K FLAX REIMBURSEMENT 39.50 65515 SARAH K FLAX REIMBURSEMENT 11.30 5220  CDBG ADMINISTRATION Total 90.13 215 CDBG FUND Total 1,752.63 220  CDBG LOAN 5285  MULTI FAM REHAB PROGRAM 65535 ECO GREENERGY PROPERTIES, LLC MATERIAL AND LABOR 26,250.00 65535 CHAMPION ROOFING, INC.INSPECTION SERVICE 9,027.00 5285  MULTI FAM REHAB PROGRAM Total 35,277.00 220  CDBG LOAN FUND Total 35,277.00 225  ECONOMIC DEVELOPMENT FUND 5300  ECON. DEVELOPMENT FUND 62490 COSTAR GROUP, INC.REAL ESTATE MARKETING 11,160.31 62660 CANDLEBERRIE CREATIVE JUST TURKEY FEATURE STORY 120.00 65522 GMWC, LLC dba JUST TURKEY RESTAURANGRANT FOR NEW SIGNAGE 1,990.00 5300  ECON. DEVELOPMENT FUND Total 13,270.31 225  ECONOMIC DEVELOPMENT FUND Total 13,270.31 250  AFFORDABLE HOUSING FUND 5465 AFFORDABLE HOUSING 62770 ALLIANCE TO END HOMELESSNESS HMIS 12,500.00 5465  AFFORDABLE HOUSING Total 12,500.00 250  AFFORDABLE HOUSING FUND Total 12,500.00 330  HOWARD‐RIDGE TIF FUND 5860  HOWARD RIDGE TIF 56010 SMITH MAINTENANCE COMPANY JANITORIAL SERVICES 340.00 5860  HOWARD RIDGE TIF Total 340.00 330  HOWARD‐RIDGE TIF FUND Total 340.00 415  CAPITAL IMPROVEMENTS FUND 4150  CAPITAL PROJECTS 415414 62135 KETTELKAMP & KETTELKAMP LANDSCAPELANDSCAPING DESIGN 2,881.66 415407 62145 JACOB & HEFNER ASSOCIATES P.C. REPROGRAPHICS 6,900.00 415398 62145 JACOB & HEFNER ASSOCIATES P.C. REPROGRAPHICS 7,000.00 415224 62145 CCJM ENGINEERS, LTD CCJM‐ELECTRICAL ENGINEERING SERVICES 4,750.00 415600 62145 KPFF, INC., DBA KPFF CONSULTING ENGINSTRUCTURAL ENGINEERING SERVICES 3,484.70 416447 62385 DAVEY RESOURCE GROUP INVENTORY AND GPS‐PUBLIC TREES 72,375.80 415568 65050 MCCAULEY MECHANICAL SERVICE EMERGENCY BOILER REPAIR 16,406.52 415940 65515 HAMPTON, LENZINI AND RENWICK, INC. SIGNAL PHASE I 4,400.75 4150  CAPITAL PROJECTS Total 118,199.43 415  CAPITAL IMPROVEMENTS FUND Total 118,199.43 420  SPECIAL ASSESSMENT FUND 6365 SPECIAL ASSESSMENT 66042 COOK COUNTY RECORDER OF DEEDS RECORDINGS 440.00 6365 SPECIAL ASSESSMENT Total 440.00 420  SPECIAL ASSESSMENT FUND Total 440.00 Page 738 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 505  PARKING SYSTEM FUND 7005  PARKING SYSTEM MGT 62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 3,649.89 65095 FEDERAL EXPRESS CORP.PARKING TAX SHIPMENT 20.20 65515 SCHAFER CONSULTING CONSULTING SERVICES 3,937.50 7005  PARKING SYSTEM MGT Total 7,607.59 7015  PARKING LOTS & METERS 62375 UNION PACIFIC RAILROAD COMPANY LEASE PAYMENT ‐ RENTAL OF PARKING LOT 11,458.50 64005 COMED UTILITIES MAY 2014 511.06 65070 DUNCAN PARKING TECHNOLOGIES, INC. MONTHLY AUTOTRAX FEE  DECEMBER 2013 700.00 65070 DUNCAN PARKING TECHNOLOGIES, INC. MONTHLY AUTOTRAX FEE   JANUARY 2014 700.00 65070 IPS GROUP, INC.IPS METER TRANSACTION BILL (MAY 2014) 361.90 7015  PARKING LOTS & METERS Total 13,731.46 7025  CHURCH STREET GARAGE 53515 BEATY , OLIVIA ACCESS CARD REFUND 25.00 53515 MALONEY, DAN ACCESS CARD REFUND 25.00 53515 MURRAY, JEAN ACCESS CARD REFUND 25.00 53515 O'DONNELL, ROSE ACCESS CARD REFUND 25.00 53515 SARNOWSKI, THOMAS ACCESS CARD REFUND 25.00 53515 TOY, SARAH ACCESS CARD REFUND 25.00 53515 MACFARLAN, DEBORAH ACCESS CARD REFUND 25.00 62509 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 25,345.05 62509 REVCON TECHNOLOGIES, INC. GARAGE MONITORING SYSTEM MAINTENA 1,590.00 62509 DATAPARK USA, INC.PARKING ACCESS AND REVENUE CONTROL 1,000.00 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 5,040.41 65050 DATAPARK USA, INC.TRANSPONDER TAGS 2,515.84 7025  CHURCH STREET GARAGE Total 35,666.30 7036  SHERMAN GARAGE 53515 ARBETTER, CHARLES ACCESS CARD REFUND 25.00 53515 CRELEY, TRAVIS ACCESS CARD REFUND 25.00 53515 DEWG, GE ACCESS CARD REFUND 25.00 53515 EILERS, STEVEN ACCESS CARD REFUND 25.00 53515 GONZALEZ, IVONNE ACCESS CARD REFUND 25.00 53515 JOHNSTON, JULIE ACCESS CARD REFUND 25.00 53515 KITABAYASHI, S.ACCESS CARD REFUND 25.00 53515 MCMULLEN, MELINDA ACCESS CARD REFUND 25.00 53515 NECHAY OLENA ACCESS CARD REFUND 25.00 53515 PAESKY, OSCAR ACCESS CARD REFUND 25.00 53515 VINNAKOTA, NITHYA ACCESS CARD REFUND 25.00 53515 WARD, JAMES ACCESS CARD REFUND 25.00 53515 WILLIAMS, MOLLY ACCESS CARD REFUND 25.00 53515 BRIDGEWATERS, SILKE ACCESS CARD REFUND 25.00 53515 CULLEN, HEATHER ACCESS CARD REFUND 25.00 53515 HENRY, CLAIRE ACCESS CARD REFUND 25.00 53515 JAHJAH, AMIRAH ACCESS CARD REFUND 25.00 53515 NA, CHARLES ACCESS CARD REFUND 25.00 53515 AKROUSH, GEORGE ACCESS CARD REFUND 25.00 53515 JAMES BACHNER ACCESS CARD REFUND 25.00 53515 AMAN GHAFOOR ACCESS CARD REFUND 25.00 53515 MAYFIELD, CURTIS ACCESS CARD REFUND 25.00 62509 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 57,450.38 62509 REVCON TECHNOLOGIES, INC. GARAGE MONITORING SYSTEM MAINTENA 4,506.00 62509 DATAPARK USA, INC.PARKING ACCESS AND REVENUE CONTROL 2,550.00 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 9,512.00 65050 DATAPARK USA, INC.TRANSPONDER TAGS 2,515.84 7036  SHERMAN GARAGE Total 77,084.22 7037  MAPLE GARAGE 53515 CHANDLER, LINDA ACCESS CARD REFUND 25.00 53515 BYANG‐HYOUN, HWANG ACCESS CARD REFUND 25.00 53515 KIRIE, SARAH ACCESS CARD REFUND 25.00 53515 MCGLOCKLIN, SCOTT ACCESS CARD REFUND 25.00 53515 MORGAN, ELIZABETH ACCESS CARD REFUND 25.00 53515 NICHOLS, AJA ACCESS CARD REFUND 25.00 53515 RENTA, MONICA ACCESS CARD REFUND 25.00 53515 SHIMIZU, THOMAS ACCESS CARD REFUND 25.00 53515 TELLO, ADRIANA ACCESS CARD REFUND 25.00 53515 VALADEZ, CHRISTINE ACCESS CARD REFUND 25.00 53515 BARGESS, KEVIN ACCESS CARD REFUND 25.00 53515 FOOTE, TERESA ACCESS CARD REFUND 25.00 53515 GOSS, BRIAN ACCESS CARD REFUND 25.00 53515 VILLAGE OF GRAYSLAKE ACCESS CARD REFUND 25.00 53515 MARTIN, ERIC ACCESS CARD REFUND 25.00 53515 SOLWAY , JASON ACCESS CARD REFUND 25.00 53515 SPOLAR, BRIAN ACCESS CARD REFUND 25.00 53515 KING‐SMITH, CRYSTAL ACCESS CARD REFUND 25.00 53515 SMITH, SCOTT ACCESS CARD REFUND 25.00 Page 839 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 53515 WALKER, JAMES ACCESS CARD REFUND 25.00 53515 WHITE, ERIC ACCESS CARD REFUND 25.00 53515 ZAKULA, NICK ACCESS CARD REFUND 25.00 53515 WHITE, TERRY ACCESS CARD REFUND 25.00 53515 CAROLYN PARRISH ACCESS CARD REFUND 25.00 62509 CENTRAL PARKING SYSTEM OF ILLINOIS PARKING LOT MANAGEMENT 49,895.98 62509 REVCON TECHNOLOGIES, INC. GARAGE MONITORING SYSTEM MAINTENA 3,021.60 62509 DATAPARK USA, INC.PARKING ACCESS AND REVENUE CONTROL 2,000.00 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 21,883.53 7037  MAPLE GARAGE Total 77,401.11 505  PARKING SYSTEM FUND Total 211,490.68 510  WATER FUND 7100  WATER GENERAL SUPPORT 62315 FEDERAL EXPRESS CORP.SHIPPING CHARGES 52.09 62315 UNITED PARCEL SERVICE SHIPPING CHARGES 450.00 7100  WATER GENERAL SUPPORT Total 502.09 7105  PUMPING 62245 COMMERCIAL MACHINE SERVICES REPAIR OF LOW LIFT 6 PUMP 7,850.00 64005 CONSTELLATION NEW ENERGY, INC. UTILITIES APRIL 2014 41,626.08 7105  PUMPING Total 49,476.08 7110  FILTRATION 62420 METROPOLITAN WATER RECLAIMATION DANNUAL USER FEE FOR SLUDGE REMOVAL 185,984.10 62465 UNDERWRITERS LABORATORIES INC. 2014 LABORATORY TEST 1,135.00 65015 U.S. ALUMINATE ALUMINA TRIHYDRATE (PER SPEC)34,187.19 7110  FILTRATION Total 221,306.29 7115  DISTRIBUTION 62230 SUN‐TIMES MEDIA ADVERTISING 82.40 65051 ARROW ROAD CONSTRUCTION HOT ASPHALT MIX CONTRACT EXTENSION 1,815.72 7115  DISTRIBUTION Total 1,898.12 7120  WATER METER MAINTENANCE 62245 HARRIS GL/AP INTERFACE 806.67 7120  WATER METER MAINTENANCE Total 806.67 7125  OTHER OPERATIONS 65080 MID AMERICAN WATER OF WAUCONDA I TAPPING SLEEVE & VALVES 3,026.40 7125  OTHER OPERATIONS Total 3,026.40 510  WATER FUND Total 277,015.65 513  WATER DEPR IMPRV & EXTENSION 7330  WATER FUND DEP, IMP, EXT 65515 WATER RESOURCES WATER METER 31,656.38 7330  WATER FUND DEP, IMP, EXT Total 31,656.38 513  WATER DEPR IMPRV & EXTENSION FUND Total 31,656.38 515  SEWER FUND 7400  SEWER MAINTENANCE 62415 G & L CONTRACTORS, INC DEBRIS REMOVAL 10,940.00 65051 OZINGA CHICAGO RMC, INC.CONCRETE CONTRACT EXTENSION 5,736.50 65055 VOLLMAR CLAY PRODUCTS CO. PRE‐CAST MATERIAL 9,090.00 7400  SEWER MAINTENANCE Total 25,766.50 7420  SEWER IMPROVEMENTS 65515 KENNY CONSTRUCTION CO.SEWER REHAB 6,660.00 7420  SEWER IMPROVEMENTS Total 6,660.00 515  SEWER FUND Total 32,426.50 520  SOLID WASTE FUND 7685  REFUSE COLLECT & DISPOSAL 62415 GROOT RECYCLING & WASTE SERVICES FY2014 RESIDENTIAL REFUSE COLLECTION 138,186.00 65055 WAUSAU TILE INC.SOLE SOURCE‐WAUSAU TILE‐BLACK LIDS 2,900.11 7685  REFUSE COLLECT & DISPOSAL Total 141,086.11 7690  RESIDENTIAL RECYCLING COL 64005 COMED UTILITIES MAY 2014 240.84 7690  RESIDENTIAL RECYCLING COL Total 240.84 7695  YARD WASTE COLLECTION 62415 GROOT RECYCLING & WASTE SERVICES 2014 YARD WASTE COLLECTION 71,574.00 7695  YARD WASTE COLLECTION Total 71,574.00 520  SOLID WASTE FUND Total 212,900.95 Page 940 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 600  FLEET SERVICES FUND 7710  MAJOR MAINTENANCE 62240 CHICAGO CRANE & HOIST CO INSIDE CRANE INSPECTION 1,437.30 62295 NORTHEASTERN ILLINOIS PUBLIC SAFETY TRAINING 50.00 62355 CINTAS  #22 WEEKLY UNIFORM SERVICE 272.05 62355 CINTAS CORPORATION #769 WEEKLY MAT SERVICE 492.84 65035 CITY WELDING SALES & SERVICE INC. WELDING 86.29 65035 WARREN'S SHELL SERVICE FUEL 358.23 65035 PALATINE OIL COMPANY, INC FY2014 FUEL PURCHASES 72,905.28 65060 AETNA TRUCK PARTS, INC.FILTERS 88.00 65060 CUMBERLAND SERVICENTER ABS REPAIR #718 883.61 65060 CUMBERLAND SERVICENTER ARM WIPER #704 160.48 65060 CUMBERLAND SERVICENTER HYDRAULIC CYLINDER REPAIR #712 2,260.11 65060 DUECO, INC.GAUGE PSI 90.27 65060 FLINK COMPANY STROKE CYLINDER 311.99 65060 GROVER WELDING COMPANY LOADER REPAIR #681 1,092.75 65060 GROVER WELDING COMPANY TAILGATE AND TOW HITCH #551 1,576.90 65060 GROVER WELDING COMPANY WELD REPAIR #620 611.35 65060 CHICAGO HARLEY‐DAVIDSON CLUTCH REPAIR #12 1,250.83 65060 CHICAGO HARLEY‐DAVIDSON CLUTCH REPAIR #6 642.84 65060 HAVEY COMMUNICATIONS INC. EMERGENCY LIGHTING & SIRENS 84.15 65060 INTERSTATE BATTERY OF NORTHERN CHIC2014 BATTERY PURCHASES 441.64 65060 LEACH ENTERPRISES, INC.AUTO PARTS‐AIR DRYER 307.69 65060 LEACH ENTERPRISES, INC.AUTO PARTS‐CHAMBER 452.64 65060 MIDAS AUTO SERVICE EXPERTS EXHAUST REPLACEMENT 1,041.95 65060 MONROE TRUCK EQUIPMENT RSCD‐SAFTY STOP 983.76 65060 NORTH SHORE TOWING TOW AND HOOK‐428 300.00 65060 NORTH SHORE TOWING TOW AND HOOK‐HEAVY DUTY 500.00 65060 STANDARD EQUIPMENT COMPANY CONVEYER CHAIN 134.40 65060 STANDARD EQUIPMENT COMPANY REPAIRS ON SWEEPER 667 5,962.47 65060 STANDARD EQUIPMENT COMPANY SEAT 77.61 65060 STANDARD EQUIPMENT COMPANY SEAT #661,668 120.67 65060 STANDARD EQUIPMENT COMPANY SWITCH 67.00 65060 STANDARD EQUIPMENT COMPANY VALVE 433.93 65060 STANDARD EQUIPMENT COMPANY WIPER ARM #661,668 43.84 65060 VERMEER MIDWEST BELT #560 370.34 65060 VERMEER MIDWEST RETURNED PARTS (513.01) 65060 VERMEER MIDWEST GEAR #566 103.95 65060 VERMEER MIDWEST HANDLE #566 175.04 65060 VERMEER MIDWEST HUBS #560 258.48 65060 VERMEER MIDWEST OIL CAP 3.36 65060 VERMEER MIDWEST SHAFT 161.76 65060 VERMEER MIDWEST SWITCH 249.02 65060 WEST SIDE TRACTOR BACKHOE 1,364.43 65060 WEST SIDE TRACTOR SWITCH #681 107.34 65060 WHOLESALE DIRECT INC BULB 43.67 65060 WHOLESALE DIRECT INC SUPER LED BEACON 106.90 65060 ICEMANN ARENA SERVICES REPAIRS TO ZAMBONI #428 1,611.35 65060 P & G KEENE ELECTRICAL ALTERNATOR PURCHASE EQUIP#322 2,595.11 65060 GLOBAL EMERGENCY PRODUCTS, INC. CAP RADIATOR 74.91 65060 GLOBAL EMERGENCY PRODUCTS, INC. FILTER POWER STEERING 34.59 65060 GLOBAL EMERGENCY PRODUCTS, INC. PROXIMITY SWITCHES 189.92 65060 GLOBAL EMERGENCY PRODUCTS, INC. REGULATOR ELECTRIC 412.07 65060 GLOBAL EMERGENCY PRODUCTS, INC. ROCKER SWITCH 27.95 65060 SPEX HAND WASH CAR WASH 688.00 65060 A & A TRANSMISSION CORP.TRANS REBUILD ON EPD#50  INV#879 2,487.82 65060 CARQUEST EVANSTON AIR FILTER 61.88 65060 CARQUEST EVANSTON BLOWER MOTOR #931 87.73 65060 CARQUEST EVANSTON CABIN AIR FILTER 21.96 65060 CARQUEST EVANSTON FILTERS 132.94 65060 CARQUEST EVANSTON FUEL FILTER 30.26 65060 CARQUEST EVANSTON HYD FITTINGS 33.60 65060 CARQUEST EVANSTON OIL CAR #931 27.08 65060 CARQUEST EVANSTON PANEL FASTENERS #910 4.32 65060 CARQUEST EVANSTON PISTALS 32.96 65060 CARQUEST EVANSTON RETURNED PARTS (53.09) 65060 CARQUEST EVANSTON STARTER #546 210.95 65060 GOLF MILL FORD A/C LINE #69 168.91 65060 GOLF MILL FORD ELECTRICAL REPAIRS #80 392.86 65060 GOLF MILL FORD FUEL INJECTOR REGULATOR #546 430.12 65060 GOLF MILL FORD FUEL REGULATORS #931 265.94 65060 GOLF MILL FORD RELAYS & DIODE #69 56.48 65060 GOLF MILL FORD REPLACE TRANSFER HEATER CORE #620 1,851.70 65060 GOLF MILL FORD RETURNED PARTS (140.00) 65060 SUBURBAN ACCENTS, INC.BANNER‐LOGOS 720.00 65060 CHICAGO PARTS & SOUND, LLC AIR FILTER 23.88 Page 1041 of 382 CITY OF EVANSTON BILLS LIST  PERIOD ENDING 06/24/2014 65060 ADVANCED PROCLEAN INC.POWER WASHING EQUIPMENT 779.90 65060 APC STORES, INC., DBA BUMPER TO BUM FUEL FILTERS 61.16 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC BREAK PARTS 932.94 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC FRONT LOCK 2.00 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC LOCK #316 14.50 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC STARTER #628 474.30 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC VALVE 241.78 65060 RUSH TRUCK CENTERS OF ILLINOIS, INC VAPOR REC CLEANER 15.64 65060 WINTER EQUIPMENT CO, INC PLOW BLADES 2,232.40 65065 WENTWORTH TIRE SERVICE NEW TIRE PURCHASES 616.15 65065 WENTWORTH TIRE SERVICE TIRE SERVICE, RECAP & REPAIR 1,278.15 65085 A ‐ 1 EQUIPMENT LIFT VALVE REPAIR 537.99 65090 CINTAS FIRST AID & SUPPLY FIRST AID SUPPLIES 174.06 7710  MAJOR MAINTENANCE Total 117,797.32 600  FLEET SERVICES FUND Total 117,797.32 601  EQUIPMENT REPLACEMENT FUND 7780  VEHICLE REPLACEMENTS 62375 UNITED RENTALS ROLLER RENTAL FOR STREET DIVISION 2,645.05 65550 HAVEY COMMUNICATIONS INC. EMERGENCY LIGHTING & SIRENS 84.15 7780  VEHICLE REPLACEMENTS Total 2,729.20 601  EQUIPMENT REPLACEMENT FUND Total 2,729.20 605  INSURANCE FUND 7801 EMPLOYEE BENEFITS 66050 HSA BANK, A DIVISION OF WEBSTER BAN MONTHLY INVOICE 19.25 7801 EMPLOYEE BENEFITS Total 19.25 605  INSURANCE FUND Total 19.25 700  FIRE PENSION FUND 8000  FIREFIGHTERS' PENSION 61755 TEPFER CONSULTING GROUP LTD PENSION ACTUARIAL VALUATION 5,667.00 8000  FIREFIGHTERS' PENSION Total 5,667.00 700  FIRE PENSION FUND Total 5,667.00 705  POLICE PENSION FUND 8100 POLICEMEN'S PENSION 61755 TEPFER CONSULTING GROUP LTD PENSION ACTUARIAL VALUATION 5,667.00 8100 POLICEMEN'S PENSION Total 5,667.00 705  POLICE PENSION FUND Total 5,667.00 Grand Total 1,863,677.91 Page 1142 of 382 CITY OF EVANSTON BILLS LIST PERIOD ENDING 06/24/2014 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 2315.53675 VARIOUS AMBULANCE REFUNDS 2,562.80 100.21705 VARIOUS RECTRAC REFUNDS 516.00 3045.62511 EXTREME REACH, INC.THEATRE PRODUCTION 1,828.29 3055.56045 ILLINOIS DEPT OF REVENUE SALES TAX - MAY, 2014 31.00 3605.56045 ILLINOIS DEPT OF REVENUE SALES TAX - MAY, 2014 14.00 VARIOUS SAM'S CLUB DIRECT SUPPLIES 2,363.66 1505.6454 A T & T MOBILITY COMMUNICATION CHARGES 155.23 7,470.98 HOWARD HARTREY 5500.62665 COOK COUNTY COLLECTOR SURPLUS DISTRIBUTION-HOWARD HAR 1,000,000.00 1,000,000.00 INSURANCE VARIOUS VARIOUS WORKERS COMP 10,000.00 VARIOUS VARIOUS WORKERS COMP 72,228.84 VARIOUS VARIOUS CASUALTY LOSS 4,273.61 86,502.45 NSP2 5031.62486 CHICAGO TITLE & TRUST 1941 JACKSON AVE ACQ VACANT LOT 8,500.00 8,500.00 PARKING VARIOUS COOK COUNTY COLLECTOR PARKING TAX - MAY, 2014 6,407.40 6,407.40 SEWER 7570.68305 IEPA LOAN DISBURSEMENT SEWER FUND 272,601.06 7530.68305 IEPA LOAN DISBURSEMENT SEWER FUND 76,555.83 349,156.89 SOLID WASTE 7685.56155 ILLINOIS DEPT OF REVENUE SALES TAX - MAY, 2014 113.00 113.00 WATER 7100.56140 ILLINOIS DEPT OF REVENUE SALES TAX - MAY, 2014 706.00 706.00 1,458,856.72 Grand Total 3,322,534.63 PREPARED BY DATE APPROVED BY DATE 43 of 382 For City Council meeting of June 23, 2014 Item A3.1 Business of the City by Motion: Sherman Plaza Maintenance Plan Agreement For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Rickey A. Voss, Revenue/ Manager Subject: Approval of Maintenance Plan Agreement for Sherman Plaza in the amount of $115,000 beginning August 23, 2014 through August 22, 2015 Date: May 29, 2014 Recommended Action: The Parking/Transportation Committee and staff recommend that City Council authorize the City Manager to execute an agreement to continue maintenance services for Sherman Plaza at a cost of $115,000. This agreement was originally approved in 2006. The agreement covers the period of August 23, 2014 through August 22, 2015. Funding Source: Funding for this agreement will be from the Parking Fund (505.19.7036.62660) in the amount of $115,000. Summary: On August 23, 2006, the City entered into a maintenance plan agreement involving Sherman Plaza. The Reciprocal Easement Agreement for the Sherman Plaza development, approved in November 1999, has a provision that the maintenance responsibilities of the various parties involved be defined in a maintenance plan. The agreement made provisions for a maximum not-to-exceed amount of $115,000 for the City and as noted below our previous years expenses were below $90,000. The plan is an agreement between the retail owner (currently owned by MB Evanston Sherman, LLC), the condominiums (The Residents of Sherman Plaza Condominium Association), and the City (owners and operators of the garage). The plan was developed to give a high level of maintenance throughout the facilities. A considerable amount of effort was put into establishing the desired frequency of maintenance, which would provide the best end result, while recognizing the need to do this at a reasonable cost. The details of the responsibilities of the parties are clearly defined in the agreement. The tasks have been listed and then divided among the parties according to their share in the financial responsibility of the task. Each task has a lead agency that is responsible for keeping up with the actual performance of the maintenance, as well as Memorandum 44 of 382 the tracking of the funds expended to perform the task. This financial tracking is the basis for allocation of the costs to the appropriate party. The City is currently paying $7,016 per month ($84,192 annually), Inland America Retail Management, LLC, $7,431 per month ($89,172 annually) and The Residents of Sherman Plaza Condominium Association, $703 per month ($8,436 annually) for a total cost of $181,795 per year. This total covers Sherman Plaza Janitorial expenses. On major items which have no prior agreement (a large, unexpected repair, for example), there is a provision that requires the responsible party to seek approval from the others if the expenditure is greater than $10,000. In addition, the term of the agreement provided an automatic renewal for successive one-year periods. The plan has provided a high level of service throughout Sherman Plaza. Inland America Retail Management, LLC currently oversees the maintenance agreement for elevator lobbies, joint entries, exterior sidewalks and other common use areas. The Transportation/Parking Committee recommended approval at the May 28, 2014 meeting. ---------------------------------------------------------- Attachments: Copy of Original Agreement Copy of Responsibility Schedule Page 2 of 2 45 of 382 46 of 382 47 of 382 48 of 382 49 of 382 50 of 382 51 of 382 52 of 382 53 of 382 54 of 382 55 of 382 56 of 382 57 of 382 58 of 382 59 of 382 60 of 382 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of June 23, 2014 Item A3.2 Business of the City by Motion: Fence Purchase for Sherman Garage For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Subject: Approval of Fence Purchase for Sherman Parking Garage Date: June 10, 2014 Recommended Action: Staff recommends City Council authorize the City Manager to purchase and install fencing on the upper deck of the Sherman Parking Garage in the amount of $24,719.00 from Custom Built Commercial Fence Corporation (721 N. Seminary Ave., Park Ridge 60068). Funding Source: Funding will be from the Parking Fund (700506.65515) in the amount of $24,719.00 Summary: On May 5, 2014, a meeting was held on the upper deck of the Sherman Plaza parking garage with Henry Goldman, President of the Residents of Sherman Plaza Condominium Association. City representation included Wally Bobkiewicz, Alderman Judy Fiske, Richard Eddington, Martin Lyons and Rickey Voss. The meeting was held to discuss the condo association’s continuing concerns regarding individuals who frequent the upper deck of the parking garage, throw objects and sit on the unprotected perimeter walls. It was reported that on April 19, 2014, a number of individuals were observed throwing objects off the roof on the Benson Avenue side of the parking deck. Parking garage security staff reported that they escorted three (3) groups of youths from the rooftop on Saturday, May 3, 2014. Since the May 5, 2014 meeting, three (3) high school students were escorted from the roof as they were observed sitting on the perimeter wall. As a result of the meeting, I directed staff to secure bids for a chain link fence that would not exceed a height of 72” from the upper deck surface and to enclose the upper deck perimeter to deter a person(s) from sitting on the perimeter walls and other unacceptable behavior. I believe this is an important safety improvement to be made to the garage. Public Works received two (2) quotations for the proposed project, which are attached. Memorandum 61 of 382 Attachments Pricing Midwest Fence Corporation Pricing Custom Built Commercial Fence Corporation M/W/EBE Memorandum 2 62 of 382 63 of 382 64 of 382 To: Wally Bobkiewicz, City Manager From: Tammi Turner, Purchasing Manager Subject: Fence Purchase for Sherman Parking Garage Date: June 23, 2014 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, Custom Built Commercial Fence Corporation precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Ashley Porta, Budget Manager Memorandum Fence Purchase for Sherman Parking Garage, 06.23.2014 65 of 382 For City Council meeting of June 23, 2014 Item A3.3 Business of the City by Motion: Civic Center Boiler Bldg. Roof Replacement Project For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Stefanie Levine, RLA, Senior Project Manager Public Works Anil Khatkhate, ADA/CIP Project Manager Public Works Subject: Contract Award Recommendation to L. Marshall, Inc., for the Lorraine H. Morton Civic Center Boiler Building Roof Replacement Project, Bid #14-38 Date: June 23, 2014 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract for the Lorraine H. Morton Civic Center (LHMCC) Boiler Building Roof Replacement Project with L. Marshall, Inc., (2100 Lehigh Avenue, Glenview, IL), in the amount of $36,987.16. Funding Source: Funding is provided by the 2014 Civic Center Boiler Building Renovations (415177.65510) which has 2014 budget of $120,000. Summary: The LHMCC Boiler Building is located immediately southwest of the LHMCC. The facility houses boilers on the first floor which supply steam heat for the LHMCC and a tenant occupying a second floor rental unit. The existing roofing membrane of building has deteriorated and is in need of replacement. Granules from the roofing material’s top membrane have worn away over time, exposing the base membrane and compromising the integrity of the roofing system. Public Works staff prepared bid documents to remove and replace the existing deteriorated roofing system. On May 15, 2014 the City issued bid documents for the project. In addition to publicly advertising the project, staff contacted six roofing contractors to solicit bids. On June 3, 2014 the City received and publicly read two bids as follows: Memorandum 66 of 382 Contractor Bid L. Marshall, Inc., 2100 Lehigh Avenue, Glenview, IL. 60026 $36,987.16* G.E. Riddiford Company, Inc. 2333 Hamilton Road, Arlington Heights, IL. 60005 $48,898.00 *Corrected total Staff recommends that the contract be awarded to L. Marshall, Inc. for a total amount of $36,987.16 as the lowest responsible and responsive bidder. City staff has worked with L. Marshall, Inc. on numerous occasions with highly successful results. L. Marshall, Inc. meets the City’s M/W/EBE goals. (See attached memorandum). A breakdown of funding for this project is as follows: Account Summary Project Funding $120,000.00 Encumbrances / expenditures to date * -$5,860.00 Recommended bid award -$36,987.16 Balance Remaining $77,152.84 * Encumbrances / expenditures to date include costs to restore an existing window on the building’s west façade. The remaining balance for this project shall be reserved for tuckpointing and porch repairs. This project is scheduled to begin in July 2014. The current substantial completion deadline is August 31, 2014. Attachments: Bid Tabulation M/W/EBE Memo 67 of 382 City of Evanston Bid TabulationBid Opening Held 06/03/20141 General conditions -OH & P Lump 1 $ 5,000.00 $ 5,000.00 7,878.74$ 7,878.74$ 2 Selective Demolition Lump 1 $ 7,800.00 $ 7,800.00 6,031.00$ 6,031.00$ 3 Insulation Board Sq. Foot 1640 $ 3.78 $ 6,199.20 4.60$ 7,544.00$ 4 Modified Bitumen Membranes Sq. Foot 1760 $ 5.74 $ 10,102.40 9.00$ 15,840.00$ 5 Wood Decking Sq. Foot 30 $ 9.50 $ 285.00 9.50$ 285.00$ 6 Wall Reglet L. Foot 180 $ 16.67 $ 3,000.60 18.74$ 3,373.20$ 7 Vent Pipe Flashing Each 9 $ 44.44 $ 399.96 334.74$ 3,012.66$ 8 Aluminum Gutters L. Foot 25 $ 36.00 $ 900.00 63.70$ 1,592.50$ 9 Aluminum Downspouts L. Foot 50 $ 13.00 $ 650.00 19.07$ 953.50$ 10 Metal Coping L. Foot 60 $ 30.00 $ 1,800.00 24.64$ 1,478.40$ 11 Scupper Each 1 $ 800.00 $ 800.00 850.00$ 850.00$ 12 Splash Box Each 1 $ 50.00 $ 50.00 59.00$ 59.00$ TOTAL BID36,987.16$ 48,898.00$ summation errordoes not match handwritten totalDescriptionUnit Quantity G.E. Riddiford Company, Inc. 2333 Hamilton Road, Arlington Heights, IL. 60005 Total Unit Price Total L. Marshall, Inc. 2100 Lehigh Avenue, Glenview, IL. 60026 Bid #14-38 - Lorraine H. Morton Civic Center Boiler Bldg. Roof Replacement Unit Price Item68 of 382 To: Suzette Robinson, Director of Public Works Stefanie Levine, RLA, Senior Project Manager Public Works Anil Khatkhate, ADA/CIP Project Manager Public Works From: Tammi Turner, Purchasing Manager Subject: Lorraine H. Morton Civic Center Boiler Bldg. Roof Replacement Project, Bid #14-38 Date: June 23, 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 Lorraine H. Morton Civic Center Boiler Bldg. Roof Replacement Project, Bid #14-38, in the base bid amount of $36,987.16, the primary contractor L. Marshall, Inc. has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE EBE WBE Garth Building Products Roofing Repairs & Maintenance $ 9,300.00 25% X X Total M/W/EBE $ 9,300.00 25% L. Marshall, Inc. will receive credit for 25% M/W/EBE participation. Cc: Marty Lyons, Assistant City Manager/CFO Memorandum Lorraine H. Morton Civic Center Boiler Bldg. Roof Replacement Project, Bid #14-38, M/W/EBE Memo 69 of 382 For City Council meeting of June 23, 2014 Item A3.4 Business of the City by Motion: Sherman Avenue Streetscape & Street Resurfacing Contract For Action To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., City Engineer, Public Works Stefanie Levine, Senior Project Manager, Public Works Subject: Sherman Avenue Streetscape & Street Resurfacing Project Grove Street to Lake Street (Bid 14-41) Date: June 12, 2014 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the Sherman Avenue Streetscape & Street Resurfacing Project (Bid 14-41) with A. Lamp Concrete Contractors Inc. (1900 Wright Blvd., Schaumburg, IL) in the amount of $578,875.20. Funding Source: Funding for this work will be from the CIP Street Resurfacing Fund (415857.65515). Summary: The existing sidewalks along Sherman Avenue from Lake Street to Grove Street have uneven brick pavers. The original pavers were installed on crushed limestone and sand. These pavers have heaved, sunk and cracked during the extreme weather conditions. The City has been replacing defective brick sidewalk with concrete at various locations downtown. This has been well-received by the public. Streetscape work will be coordinated with the replacement of parking meters as part of the project. The section of Sherman Avenue from Lake Street to Grove Street has deteriorated and needs to be improved. The scope of street resurfacing work includes replacing the existing curb & gutter for the entire block, road base repair, grinding asphalt surface and the street will be paved with a binder coarse and new asphalt surface, including any incidental construction. The deteriorated utility structures in this block will be reconstructed as part of the street improvement project. The street improvements are completed each year throughout the City with construction drawings prepared by the Memorandum 70 of 382 Public Works Engineering staff in accordance with Illinois Department of Transportation (IDOT) standards. The bid documents were prepared by the engineering staff. The project was bid in May and advertised in the Chicago Tribune. The project was also published in the State Contractors Bulletin and on Demand Star. The bids were opened on June 10, 2014. Bids were submitted by A. Lamp Concrete Contractors (Schaumburg), Landmark Contractors, Inc. (Huntley) and Alliance Contractors, Inc. (Woodstock). The bid results are correct and in order. A copy of the bid tabulation is enclosed for your review. CONTRACTOR BID PRICE A. Lamp Concrete Contractors $578,875.20 Landmark Contractors, Inc. $615,133.85 Alliance Contractors, Inc. $726,273.95 The engineer’s estimate of $568,216 was based on the last year’s prices with increases to account for inflation. The A. Lamp Concrete Contractors Inc. submitted the lowest responsible bid for the project and satisfies the City’s M/W/EBE goal by including the following subcontractors in their bid: Ozinga Ready Mix Concrete (EBE), Precision Pavement Marking (DBE) and Alas Trucking (MBE). The total value of the estimated M/W/EBE subcontracted work is 25% ($142,654.80). The M/W/EBE schedule and the supporting documentation have been reviewed and confirmed by the Purchasing Division, as indicated in the attached memo. A. Lamp Concrete Contractors Inc. has worked in the City on similar projects before and has completed its work on time and within budget. Attachments: Bid Tab Location Map M/W/EBE Memo 71 of 382 DATE: June 10, 2014 TIME: 2:00 P.M. ATTENDED BY: AA, SL UNIT UNIT UNIT UNIT PRICE PRICE PRICE PRICE 1 Temporary Fence Foot 1,000 $2.00 $2,000.00 $2.00 $2,000.00 $3.70 $3,700.00 $7.50 $7,500.00 2 Tree Trunk Protection Each 14 $50.00 $700.00 $125.00 $1,750.00 $200.00 $2,800.00 $150.00 $2,100.00 3 Temporary Sidewalk Ramp (Duration of Project Per Location)Each 20 $800.00 $16,000.00 $500.00 $10,000.00 $340.00 $6,800.00 $200.00 $4,000.00 4 Earth Excavation Cu. Yd. 27 $30.00 $810.00 $25.00 $675.00 $154.50 $4,171.50 $155.00 $4,185.00 5 Sub-Base Granular Material, Type B (Temporary Use)Cu. Yd. 4 $30.00 $120.00 $50.00 $200.00 $144.00 $576.00 $40.00 $160.00 6 Sub-Base Granular Material, Type B, 4” (Crushed Stone, CA-6)Sq.Yd. 1,967 $30.00 $180.00 $6.00 $11,802.00 $10.20 $20,063.40 $3.25 $6,392.75 7 Trench Backfill Cu. Yd. 18 $40.00 $720.00 $50.00 $900.00 $51.85 $933.30 $40.00 $720.00 8 Granular Backfill Ton 6 $30.00 $1,509.00 $50.00 $300.00 $27.20 $163.20 $20.00 $120.00 9 Thermoplastic Pavement Marking Line-4”Foot 1,509 $1.00 $1,050.00 $3.00 $4,527.00 $1.20 $1,810.80 $1.20 $1,810.80 10 Thermoplastic Pavement Marking Line-6”Foot 840 $1.25 $600.00 $6.00 $5,040.00 $2.10 $1,764.00 $2.10 $1,764.00 11 Thermoplastic Pavement Marking Line-24"Foot 200 $3.00 $600.00 $10.00 $2,000.00 $8.40 $1,680.00 $8.40 $1,680.00 12 Preformed International Symbol of Accessibility Each 1 $600.00 $59,010.00 $800.00 $800.00 $400.00 $400.00 $400.00 $400.00 13 Class B Patches, Special, 9” (HES)Sq.Yd. 459 $75.00 $34,425.00 $40.00 $18,360.00 $132.35 $60,748.65 $130.00 $59,670.00 14 Bituminous Material (Prime Coat)Gal. 301 $2.00 $602.00 $1.00 $301.00 $0.01 $3.01 $0.01 $3.01 15 Aggregate (Prime Coat)Ton 6 $25.00 $150.00 $1.00 $6.00 $0.01 $0.06 $0.01 $0.06 16 Mixture for Cracks, Joints and Flangeways Ton 1 $250.00 $250.00 $350.00 $350.00 $250.00 $250.00 $750.00 $750.00 17 Hot-Mix Asphalt Binder Course, IL-19.0, N50 Ton 456 $80.00 $36,480.00 $100.00 $45,600.00 $95.91 $43,734.96 $95.91 $43,734.96 18 Hot-Mix Asphalt Surface Course, Mix"D", N50 (IL 9.5mm)Ton 267 $90.00 $24,030.00 $105.00 $28,035.00 $101.91 $27,209.97 $101.91 $27,209.97 19 Incidental Hot-Mix Asphalt Surfacing Ton 36 $200.00 $7,200.00 $150.00 $5,400.00 $145.00 $5,220.00 $109.41 $3,938.76 20 PCC Driveway Pavement, 6”Sq.Yd. 126 $75.00 $9,450.00 $65.00 $8,190.00 $60.00 $7,560.00 $72.50 $9,135.00 21 PCC Sidewalk, 5”Sq.Ft. 11,012 $6.00 $66,072.00 $7.00 $77,084.00 $7.80 $85,893.60 $6.75 $74,331.00 22 Brick Paver Sidewalk, Rigid Base Sq.Ft. 1,650 $12.00 $19,800.00 $18.00 $29,700.00 $13.35 $22,027.50 $11.30 $18,645.00 23 Hot-Mix Asphalt Surface Removal (Variable Depth up to 3.5")Sq.Yd. 3,006 $3.00 $9,018.00 $6.00 $18,036.00 $11.40 $34,268.40 $11.40 $34,268.40 24 Driveway Pavement Removal Sq.Yd. 126 $5.00 $630.00 $20.00 $2,520.00 $17.70 $2,230.20 $85.00 $10,710.00 25 Curb and Gutter Removal Foot 1,172 $5.00 $5,860.00 $5.00 $5,860.00 $16.00 $18,752.00 $45.00 $52,740.00 26 Sidewalk Removal Sq.Ft. 12,664 $1.50 $18,996.00 $1.40 $17,729.60 $0.30 $3,799.20 $0.01 $126.64 27 Fiberglass Fabric Repair System Sq.Yd. 205 $40.00 $8,200.00 $50.00 $10,250.00 $47.66 $9,770.30 $15.00 $3,075.00 28 Tree Pit Electrical Installation for Holiday Lighting, Complete Each 14 $500.00 $7,000.00 $1,000.00 $14,000.00 $350.00 $4,900.00 $2,180.00 $30,520.00 29 Electrical Conduit, 2", Under Sidewalk, 15' Length Each 14 $200.00 $2,800.00 $400.00 $5,600.00 $290.00 $4,060.00 $348.00 $4,872.00 30 Storm Sewers, 8", Special (DIP, Cl. 50)Foot 24 $200.00 $4,800.00 $100.00 $2,400.00 $185.00 $4,440.00 $300.00 $7,200.00 31 Catchbasins, Type A, Type 1 Frame, Open Lid/Closed Lid Each 4 $3,000.00 $12,000.00 $2,500.00 $10,000.00 $3,100.00 $12,400.00 $2,500.00 $10,000.00 32 Inlets to be Adjusted Each 2 $400.00 $800.00 $400.00 $800.00 $283.15 $566.30 $295.00 $590.00 33 Catch Basins To Be Adjusted Each 1 $400.00 $400.00 $500.00 $500.00 $283.15 $283.15 $295.00 $295.00 34 Manholes To Be Adjusted Each 4 $400.00 $1,600.00 $500.00 $2,000.00 $283.15 $1,132.60 $295.00 $1,180.00 35 Manholes To Be Reconstructed Each 1 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $1,222.40 $1,222.40 $1,845.00 $1,845.00 36 Valve Vaults To Be Adjusted Each 1 $300.00 $300.00 $500.00 $500.00 $283.15 $283.15 $295.00 $295.00 37 Valve Boxes To Be Adjusted Each 9 $400.00 $3,600.00 $250.00 $2,250.00 $255.90 $2,303.10 $125.00 $1,125.00 38 Domestic Water Service Boxes to be Adjusted Each 3 $400.00 $1,200.00 $175.00 $525.00 $163.50 $490.50 $75.00 $225.00 39 Frames and Lids, Type-1, Closed Lid Each 2 $350.00 $700.00 $500.00 $1,000.00 $275.00 $550.00 $275.00 $550.00 40 Comb. Conc. C&G Type B6.12 (AEP-Modified)Foot 1,172 $22.00 $25,784.00 $20.00 $23,440.00 $31.00 $36,332.00 $32.00 $37,504.00 41 Detectable Warnings Sq.Ft. 180 $35.00 $6,300.00 $35.00 $6,300.00 $15.50 $2,790.00 $28.00 $5,040.00 42 Unit Paver Removal and Disposal Sq.Ft. 11,012 $2.00 $22,024.00 $1.50 $16,518.00 $4.50 $49,554.00 $3.05 $33,586.60 43 Brick Paver Removal and Salvage Sq.Ft. 1,650 $3.00 $4,950.00 $4.00 $6,600.00 $4.00 $6,600.00 $2.00 $3,300.00 44 New Tree Frame and Reset Existing Tree Grate, Installed, Complete Each 14 $1,000.00 $14,000.00 $1,500.00 $21,000.00 $2,100.00 $29,400.00 $1,410.00 $19,740.00 45 Tree Frame Removal and Salvage Existing Tree Grate, Complete Each 14 $400.00 $5,600.00 $450.00 $6,300.00 $140.00 $1,960.00 $250.00 $3,500.00 46 Parking Meter Post Removal Each 12 $175.00 $2,100.00 $200.00 $2,400.00 $81.15 $973.80 $150.00 $1,800.00 47 Remove and Reset Existing Street Signs Each 9 $250.00 $2,250.00 $300.00 $2,700.00 $150.00 $1,350.00 $225.00 $2,025.00 48 Existing Traffic Signal To Be Adjusted/Remove and Reset, Complete Each 1 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $3,650.00 $3,650.00 $3,615.00 $3,615.00 49 Existing Davit Arm Streetlight To Be Adjusted/Remove and Reset, Complete Each 7 $2,000.00 $14,000.00 $1,650.00 $11,550.00 $1,480.00 $10,360.00 $6,090.00 $42,630.00 50 Existing Tallmadge Streetlight To Be Adjusted/Remove and Reset, Complete Each 6 $1,000.00 $6,000.00 $1,750.00 $10,500.00 $1,590.00 $9,540.00 $6,090.00 $36,540.00 51 Changeable Message Sign Cal Mo 4 $1,200.00 $4,800.00 $50.00 $200.00 $1,400.00 $5,600.00 $1,000.00 $4,000.00 52 Street Sweeping Each 20 $750.00 $15,000.00 $50.00 $1,000.00 $350.00 $7,000.00 $95.00 $1,900.00 53 Pavement Marking Tape, Type 1 Foot 526 $1.00 $526.00 $0.10 $52.60 $0.50 $263.00 $1.00 $526.00 54 Special/Non-Special Waste Disposal Cu.Yd. 324 $30.00 $9,720.00 $1.00 $324.00 $80.20 $25,984.80 $35.00 $11,340.00 55 Soil Disposal Analysis Lump Sum 1 $2,000.00 $2,000.00 $1,500.00 $1,500.00 $650.00 $650.00 $2,500.00 $2,500.00 56 Construction Layout Lump Sum 1 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 57 Pedestrian Traffic Control and Protection Lump Sum 1 $15,000.00 $15,000.00 $35,000.00 $35,000.00 $1,865.00 $1,865.00 $2,800.00 $2,800.00 58 Traffic Control, Protection and Construction Staging Lump Sum 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $19,800.00 $19,800.00 $83,560.00 $83,560.00 $568,216.00 $578,875.20 $615,133.85 $727,413.71 $578,875.20 $615,133.85 $726,273.95TOTAL BID AS READ AS CORRECTED TOTAL TOTAL TOTALITEM NUMBER ITEM UNIT TOTALQUANTITY 800 W. Irving Park Road,11916 W. Main St. 1166 Lake Avenue, CITY OF EVANSTON TABULATION OF BIDS FORSHERMAN AVENUE IMPROVEMENT PROJECT APPROVED ENGINEER'S ESTIMATE NAME AND ADDRESS OF BIDDERS A. Lamp Concrete Contractors, Inc. Landmark Contractors, Inc. Schaumburg, IL 60193 Huntley, IL Woodstock, IL 60098 Alliance Contractors, Inc. BID NUMBER: 14-41 PROJECT NO.: PW - RS/STSC - 1404 72 of 382 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 R OS LYN PL 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_RS-STSC_1404.MXD 05/08/2014 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. Sherman Avenue Improvement Project,PW-RS/STSC-1404, Bid No.: 14-41 City of Evanston Department of Public Works Sherman Avenue (Lake - Grove) Improvement Project 73 of 382 To: Suzette Robinson, Director of Public Works Sat Nagar, P.E., City Engineer, Public Works Stefanie Levine, Senior Project Manager, Public Works From: Tammi Turner, Purchasing Manager Subject: Sherman Avenue Streetscape & Street Resurfacing Project Grove Street to Lake Street, Bid #14-41 Date: June 23, 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 Sherman Avenue Streetscape & Street Resurfacing Project Grove Street to Lake Street, Bid #14-41, in the base bid amount of $578,875.20, the primary contractor A. Lamp Concrete Contractors, Inc. has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE EBE WBE Ozinga Ready Mix Concrete $ 21,000.00 4% X Marking Specialist Markings $ 5,654.80 1% X Alas Trucking Trucking $ 116,000.00 20% X Total M/W/EBE $ 142,654.80 25% A. Lamp Concrete Contractors, Inc. will receive credit for 25% M/W/EBE participation. C: Marty Lyons, Assistant City Manager/CFO Memorandum Sherman Avenue Streetscape & Street Resurfacing Project -Grove Street to Lake Street, Bid #14-41, M/W/EBE Memo 74 of 382 For City Council meeting of June 23, 2014 Item A3.5 Business of the City by Motion: Ambulance Power Lift Systems For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Greg Klaiber, Fire Chief Subject: Single Source Purchase of Ambulance Power-Load System and Power- Pro XT Cot Date: June 3, 2014 Recommended Action: Staff recommends that City Council authorize the City Manager to execute the purchase of an Ambulance Power-Load System, in the amount of $36,531.50 from Stryker Corp., (3800 East Centre Avenue, Portage, MI). Funding Source: Funding for the purchase will come from Fire Management and Support (2315.65625) which has a budgeted amount of $70,000. The Evanston Foreign Fire Tax Board will purchase the second lift system. Summary: The Power-Load Cot System is designed to lift a patient on a stretcher into the ambulance for transport to the hospital. Once at the hospital the system will remove the patient on the stretcher from the back of the ambulance. The patient can then be moved into the hospital by the ambulance crew. The Power-Load system accomplishes the loading and unloading without lifting assistance from the firefighter/paramedics. The Power-Load system has a total lifting capacity of 870 lbs. Implementing the system give patients an easier transition in and out of the ambulance and our members will lessen their likelihood of incurring a lifting injury. Fire has researched the market place and determined that there is only one vendor capable of providing the patient load/unload system. We have also reviewed the system with other services who are current users. We have received very positive feedback about the system’s performance from those users. Under the agreement with the Evanston Foreign Fire Tax Board (EFFTB), they will purchase a second Power-Load system once the City Council has authorized this Memorandum 75 of 382 purchase. The EFFTB purchase will afford Fire the opportunity to have a Power-Load system in each of the two primary ambulances. Attachment Comprehensive Quotation Page 2 of 2 76 of 382 77 of 382 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of June 23, 2014 Item A3.6 Business of the City by Motion: Vehicle Purchase – FY 2014 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Lonnie Jeschke, CPFP, Manager, Fleet Services Subject: Approval of Vehicle Purchases for FY 2014 Date: May 23, 2014 Recommended Action: Staff recommends City Council authorize the City Manager to make nine (9) vehicle replacement purchases for a total amount of $534,046.30 as follows: recycling vehicle from R.N.O.W. Incorporated (8636R W. National Avenue, West Allis, WI) in the amount of $241,148.00; Ford vehicles from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $273,539.00; and Nissan Rogue from Autobarn Nissan (1012 Chicago Avenue, Evanston, IL) in the amount of $19,359.30. Funding Source: Funding for these vehicles will be from the Equipment Replacement Fund budget account (7780.65550) which has a budgeted amount of $2,694,000.00. The proposed expenditure for these nine (9) replacement unit amounts to 19.8% of this budget amount. Summary: The details of the vehicles/units to be replaced are listed below: Dept./Division Unit # Description Model Year Condition Original Purchase Price L.T.D. Repair $$’s L.T.D. Mileage P.W. Transportation 161 Dodge Dakota 4X4 2003 Poor $20,748 $20,890 68,783 Emergency Management 342 Ford Explorer 4X4 2004 Poor $23,992 $26,954 79,345 Recreation 432 Ford F-250 4X4 2006 Very Poor $18,243 $40,261 103,009 Recreation 504 Ford E-350 Van 1999 Very Poor $60,065 $107,681 129,724 Memorandum 78 of 382 P.W. Rec. Maint. 514 Ford F-450 4X4 2003 Poor $39,965 $38,409 44,047 P.W. Hort. Maint. 528 Ford F-350 4X2 Crew Cab 1999 Very Poor $33,795 $55,914 88,050 P.W. Forestry 534 Jeep Wrangler 4X4 2001 Very Poor $18,800 $49,222 60,206 P.W. Re-Cycle 704 Crane Carrier 2005 Poor $165,235 $160,603 63,474 Food & Environmental Health 803 Dodge Charger 2007 Very Poor $23,570 $33,434 49,199 The recommended replacement unit purchases are as follows: Dept./Division Unit # Replacement Description Model Year Purchase Price Type of Bid Vendor P.W . Transportation 161 Ford Explorer 4X4 2015 $29,239.00 N.W.M.C. S.P.C. Currie Motors Emergency Management 342 Ford Explorer 4X4 2014 $29,239.00 N.W.M.C. S.P.C. Currie Motors Recreation 432 Ford F-250 4X4 2015 $44,394.00 N.W.M.C. S.P.C. Currie Motors Recreation 504 Ford E-350 Van 2014 $24,013.00 N.W.M.C. S.P.C. Currie Motors P.W. Rec. Maint. 514 Ford F-450 4X4 2015 $65,762.00 N.W.M.C. S.P.C. Currie Motors P.W. Horticulture Maintenance 528 Ford F-450 4X2 Crew Cab 2015 $55,467.00 N.W.M.C. S.P.C. Currie Motors P.W. Forestry 534 Ford Escape 2014 $25,425.00 N.W.M.C. S.P.C. Currie Motors P.W. Re-Cycle 704 Crane Carrier 2014 $241,148.00 Bid 13-38 R.N.O.W. Inc. Food & Environmental Health 803 Nissan Rogue 2014 $19,359.30 3 Quotes Auto Barn Evanston The Crane Carrier, a large recycling packer vehicle, was originally bid at $240,098 in FY2013 (Bid 13-38: http://www.cityofevanston.org/assets/CCAP%206.10.13%20ce.pdf). City Council approved purchase of one vehicle on June 10, 2013, which included a plan to purchase the second vehicle in 2014. A copy of the updated pricing letter from 2 79 of 382 R.N.O.W. is attached. Staff is requesting an additional expense for needed options to this vehicle for: • Roof Tube Protectors $ 315.00 • PTO Kill Switch Double $ 420.00 • Power Release Hook $ 315.00 TOTAL $1,050.00 The Northwest Municipal Conference Suburban Purchasing Cooperative Competitive Bid (SPC) winner, which, is Currie Motors will be utilized for the purchase of seven (7) units. The two (2) Ford Explorers and the one (1) Ford Van will be equipped with the latest vehicle emission technology and will be fueled with 87 octane gasoline which reduces fuel consumption and resulting emissions. The two Explorers will be 6-cylinder driven vehicles which will be replacing two (2) existing 8-cylinder vehicles. The 4- cylinder Ford Escape which replaces an 8-cylinder truck will also be fueled by 87 octane gasoline and is equipped with “ECO Boost Technology” for greater fuel efficiency with the latest emissions technology. The four (4) trucks are all equipped with Selective Catalytic Reduction emission systems (SCR) which reduces emissions to carbon dioxide and water vapor with minimal particulate matter and no carbon monoxide. A further reduction in emissions will be achieved by these units being operated by B-20 bio-diesel fuel. The ninth (9th) and final unit is the result of 3-competitve quotes from Nissan dealers and will be purchased from the Auto Barn of Evanston which is an Evanston based business. The bid tab for this purchase is attached. The Nissan Rogue which is a 4- cylinder vehicle with an estimated EPA rating of 23 miles per gallon city will replace an 8-cylinder vehicle. The Nissan will also be fueled with 87 octane gasoline and has the latest vehicle emission system. The vehicles listed for replacement supports daily divisional operations on a year around basis. The replacement of these vehicles is crucial for safe, reliable, environmentally friendly, and cost effective operations. Attachments Specifications & pricing for nine (9) replacement unit purchases. 3 80 of 382 81 of 382 82 of 382 83 of 382 84 of 382 85 of 382 86 of 382 87 of 382 88 of 382 89 of 382 90 of 382 91 of 382 92 of 382 93 of 382 94 of 382 95 of 382 96 of 382 97 of 382 98 of 382 99 of 382 100 of 382 101 of 382 102 of 382 103 of 382 104 of 382 105 of 382 106 of 382 107 of 382 108 of 382 109 of 382 110 of 382 111 of 382 112 of 382 113 of 382 114 of 382 115 of 382 116 of 382 117 of 382 118 of 382 119 of 382 120 of 382 121 of 382 122 of 382 123 of 382 124 of 382 125 of 382 126 of 382 127 of 382 128 of 382 129 of 382 130 of 382 131 of 382 132 of 382 133 of 382 134 of 382 135 of 382 136 of 382 137 of 382 138 of 382 139 of 382 140 of 382 141 of 382 142 of 382 143 of 382 144 of 382 For City Council meeting of June 23, 2014 Item A3.7 Business of the City by Motion: Water Meter Purchase For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Lara Biggs, Superintendent – Construction & Field Services Subject: Contract for 2014 Water Meter Purchase (Bid 14-33) Date: May 28, 2014 Recommended Action: Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Water Meter Purchase (Bid No. 14-33) with Water Resources, Inc. (390 Sadler Avenue, Elgin, IL) in the amount of $73,175.00. Funding Source: Funding will be from the Water Fund. In FY 2014, $25,000 will be allocated for this contract ($20,000 from 7120.65070 and $5,000.00 from 7125.65080 – resale). In FY 2015, $48,175 will be budgeted ($38,175 from 7120.65070 and $10,000 from 7125.65080 – resale). Summary: This contract is for the purchase of water meters used to measure the quantity of potable water delivered to Evanston retail customers. Materials purchased under this contract will be installed by staff in the Distribution Division or resold to private contractors. They will be used to replace damaged and inoperable water meters or used at new development sites. Funding is proposed to increase in FY 2015 in order to replace an increased number of aged meters that are failing. This contract is for one year (July 2014 – June 2015) with two optional one-year extensions. The bid for water meters was advertised on May 1, 2014, and advertised in the Evanston Review and on Demandstar. Bids were opened and publicly read on May 27, 2014. Two bids were received. The suppliers submitting bids were as follows: Memorandum 145 of 382 Supplier Address Badger Meter, Inc. 4545 West Brown Deer Road, Milwaukee, WI Water Resources Inc. 390 Sadler Avenue, Elgin, IL The pricing summary for the bids received is as follows: Supplier Bid Price Water Resources Inc. $73,175.00 Badger Meter, Inc. $73,616.46 Staff is recommending award to the apparent low bidder. Attached is a summary of bids showing the submitted bid prices from the two suppliers. The submitted bids cannot be withdrawn or canceled for a period of sixty (60) calendar days following the bid opening, or until July 19, 2014. The bids were reviewed by Lara Biggs, Superintendent – Construction & Field Services. Water Resources has supplied equipment to the City in the past, and they are currently under contract to the City to install the Advanced Meter Information (AMI) system. Staff has been satisfied with their products and services. Because this contract is for supply of materials only, the M/W/EBE goal was waived. A memo from the Business Development Coordinator is attached. Attachments: Summary of Bids Memorandum from the Business Development Coordinator 146 of 382 Water Meter and Meter Reading Equipment Bid No.14-33 Summary of Bids Water Resources, Inc. Badger Meter, Inc. Item No. Description Quantity Unit Price Extended Price Unit Price Extended Price 1 5/8" X 5/8" Water Meter 300 each $67.00 $20,100.00 $67.21 $20,163.00 2 3/4" x 3/4" Water Meters 100 each $88.00 $8,800.00 $98.03 $9,803.00 3 1" x 1" Water Meter 25 each $120.00 $3,000.00 $127.51 $3,187.75 4 1 1/2" X 1 1/2 " Water Meter 5 each $300.00 $1,500.00 $286.97 $1,434.85 5 2" Disc Water Meter 20 each $395.00 $7,900.00 $407.57 $8,151.40 6 2” Turbine Water Meter 1 each $500.00 $500.00 $563.02 $563.02 7 2” Compound Water Meter 1 each $1,050.00 $1,050.00 $1,266.74 $1,266.74 8 3” Turbine Water Meter 1 each $750.00 $750.00 $666.91 $666.91 9 3” Compound Water Meter 4 each $1,375.00 $5,500.00 $1,461.39 $5,845.56 10 4” Turbine Water Meter 1 each $1,050.00 $1,050.00 $997.33 $997.33 11 4” Compound Water Meter 1 each $1,675.00 $1,675.00 $2,419.30 $2,419.30 12 6” Turbine Water Meter 1 each $1,900.00 $1,900.00 $2,247.68 $2,247.68 13 6” Compound Water Meter 1 each $3,300.00 $3,300.00 $3,365.45 $3,365.45 14 8” Turbine Water Meter 1 each $2,800.00 $2,800.00 $2,582.35 $2,582.35 15 8” Compound Water Meter 1 each $5,000.00 $5,000.00 $4,898.68 $4,898.68 16 2” plate strainer 2 each $275.00 $550.00 $255.00 $510.00 17 3” plate strainer 5 each $450.00 $2,250.00 $360.00 $1,800.00 18 4” plate strainer 2 each $515.00 $1,030.00 $475.00 $950.00 19 6” plate strainer 1 each $1,000.00 $1,000.00 $650.00 $650.00 20 8” plate strainer 1 each $2,200.00 $2,200.00 $1,000.00 $1,000.00 21 5/8" Replacement Register Head 10 each $50.00 $500.00 $42.42 $424.20 22 3/4" Replacement Register Head 5 each $50.00 $250.00 $42.42 $212.10 23 1" Replacement Register Head 5 each $50.00 $250.00 $42.42 $212.10 24 1-1/2" Replacement Register Head 2 each $50.00 $100.00 $42.42 $84.84 25 2" Replacement Register Head 2 each $50.00 $100.00 $42.42 $84.84 26 3" Replacement Register Head 1 each $60.00 $60.00 $47.68 $47.68 27 4" Replacement Register Head 1 each $60.00 $60.00 $47.68 $47.68 TOTAL $73,175.00 $73,616.46 147 of 382 To: David Stoneback, Director of Utilities Lara Biggs, Superintendent – Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: Contract for 2014 Water Meter Purchase (Bid No. 14-33) Date: June 23, 2014 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. However, the contract award for construction of the Contract for 2014 Water Meter Purchase (Bid No. 14-33), precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Memorandum Contract for 2014 Water Meter Purchase (Bid No. 14-33), M/W/EBE Waiver Memo 06.23.2014 148 of 382 For City Council meeting of June 23, 2014 Item A4 Business of the City by Motion: Automatic Meter Information System Change Order For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Kevin Lookis, Water Production Superintendent Subject: Approval of Change Order No. 1 for Automatic Meter Information System Project Date: June 11, 2014 Recommended Action: Staff recommends City Council authorize the City Manager to execute Change Order No. 1 for the Automatic Meter Information System (RFP 13-04) with Water Resources Inc. (390 Sadler Ave., Elgin, IL) with a contract amount decrease of $924.50. This change order will extend the contract by 131 days to November 21, 2014. Funding Source: The original project in the amount of $2,277,317.00 is funded from the Water Fund (Account 733101). It has a total budget allocation of $2,400,000 ($1,800,000 in FY 2013 and $600,000 in FY 2014 budget). Background: On April 16, 2013 the City Council authorized the City Manager to execute an agreement with Water Resources Inc. to replace the original Automatic Meter Information system that was installed in 2000 through 2002 and at the end of its useful life. The project included replacing the current meter transmission units (MTU) with new units at all 14,400 accounts and the replacement of approximately 1,200 meters. This project is going well and is approximately 93% complete. Analysis: This change order addresses includes the following items: Memorandum 149 of 382 Item 1 – Replacement of meters with poor resolution During the course of the work, it has become apparent that the system would work better if an additional 343 meters were replaced. These meters only read to the nearest 100 cubic feet (748 gallons) while all of the rest of the meters read to 10 cubic feet (74.8 gallons). Having the better resolution of water use allows the department to more effectively analyze if there is a leak on someone’s property. In addition, staff is requesting that contractor provide a different meter in the same Neptune meter product line, which uses the Pro Read register. The Pro Read is slightly less expensive than the specified E-Coder register and is easier for property owners to read if they want to monitor their own water use. This item will result in an increase in cost of $31,075.50 and a time extension of 131 days. Item 2 – Reduction in MIU’s installed by the contractor In order to quickly replace the old MIUs that had stopped working and were resulting in a high number of estimated bills, the Utilities Department assisted in the installation of 800 new MIUs using in-house staff. The cost of these installations are deducted from the contract. This item will result in a decrease in cost of $32,000.00. There will be no change to the contract time related to this item. Item 3 – Delay Caused by Broken Wiring An unanticipated issue that is slowing the completion of the project is the number of wires that broke during the conversion from the old MIU to the new MIU. These wires run between the meter and MIU and, although the original work was on the exterior only and did not require a customer appointment, the repair requires entry into the property to replace the wires. The completion of this work is dependent on the property owner scheduling an appointment with the contractor to allow the wires to be replaced. This item will not result in a cost to the city, but will require a time extension of 131 days (to run concurrently with the time extension for Item 1 of this change order). The total amount of this change order is a decrease of $924.50 from $2,277,317.00 to $2,276,392.50, and a time extension of 131 days moving the date of final completion from July 14, 2014 to November 21, 2014. A pricing summary and change order form are attached. Attachments: Pricing Summary Change Order No. 1 150 of 382 151 of 382 152 of 382 For City Council meeting of June 23, 2014 Item A5 Resolution 43-R-14: Adoption of FOIA Policy For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Resolution 43-R-14, Adoption of City of Evanston Freedom of Information Act Policy Date: June 5, 2014 Recommended Action: Staff recommends approval of Resolution 43-R-14 to adopt the City of Evanston Freedom of Information Act Policy. Summary: The attached policy outlines the City procedures for requesting records through the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq. ("Act”) and outlines the City’s role in responding to the requests for inspection, copying, or certification of public records. The policy and resolution also formally identifies the City’s Freedom of Information Act Officers: City Clerk Rodney Greene and Deputy Clerks Leticia Blackman and Akasha Terrier. Attachments: Resolution 43-R-14 Freedom of Information Act Policy – Exhibit 1 Memorandum 153 of 382 6/5/2014 43-R-14 A RESOLUTION Authorizing the Approval of a Freedom of Information Act Policy WHEREAS, the City of the Evanston (the “City”) is a “public body” within the purview of the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq. (“FOIA”) and responds to requests made for public records under FOIA; and WHEREAS, in accordance with Section 3 of FOIA, City seeks to adopt certain rules and regulations in conformity with FOIA which addresses the procedures to be followed to provide records which are available for public release; and WHEREAS, in keeping with the City’s dedication to transparency in its operations, as acknowledged by the Illinois Policy Institute’s perfect score ranking for the City’s efforts in 2013, and our commitment to providing public records as expediently and efficiently as possible in compliance with FOIA; and WHEREAS, the City Council desires to adopt the attached policy entitled City of Evanston Freedom of Information Act Policy to govern the administration of FOIA requests filed with the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are incorporated herein as findings of the City Council of the City of Evanston, Illinois. SECTION 2: The City of Evanston Freedom of Information Act Policy, attached as Exhibit 1, is hereby authorized, approved and adopted pursuant to the 154 of 382 43-R-14 ~2~ Freedom of Information Act and shall become effective on the date of passage of this Resolution 43-R-14. SECTION 3: City Clerk Rodney Greene, Deputy City Clerks Leticia Blackman and Akasha Terrier are hereby designated Freedom of Information Act officers of the City of Evanston. SECTION 4: This Resolution 43-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 155 of 382 43-R-14 ~3~ EXHIBIT 1 FREEDOM OF INFORMATION ACT POLICY 156 of 382 1 | P a g e CITY OF EVANSTON FREEDOM OF INFORMATION ACT POLICY This Policy ("FOIA Policy”) outlines the City of Evanston’s (“Pubic Body" or “City”) procedures for compliance with the Illinois Freedom of Information Act, 5 ILCS 140/1 et seq. ("Act”), by the City and any person requesting public records from the City ("Requestor”), and contains instructions and forms for the implementation of the FOIA Policy. The City will respond to written requests for inspection, copying, or certification of public records in accordance with the Act, this FOIA Policy, and other applicable laws (the "Request"). The Effective Date of this FOIA Policy shall be the date on which they are adopted by the City Council. I. REQUESTS FOR PUBLIC RECORDS A. General - Processing of Requests All requests to inspect, copy or certify public records under FOIA must be submitted to the City in writing or sent via electronic mail. The City will respond to all requests in conformance with the FOIA statute parameters. B. Responsibilities of FOIA Officer The City’s Freedom of Information Officers (collectively referred to as the "FOIA Officer") are the people administratively responsible for receiving and processing all requests to inspect, copy, or certify public records under the Act and this FOIA Policy. The FOIA Officer is the person with the authority on behalf of the City to grant or deny requests to inspect, copy, or certify public records filed pursuant to the Act and this FOIA Policy, to extend the time for response, and to issue appropriate notices. The City shall designate one or more officials or employees to act as its FOIA officer(s). As of the date of Effective Date of this FOIA Policy, Rodney Greene, Leticia Blackman and Akasha Terrier are the designated FOIA Officers for the City of Evanston. C. FOIA Officer Training The City’s FOIA Officer(s) shall complete the electronic training curriculum developed and administered by the Public Access Counselor and shall successfully complete an annual training program pursuant to Section 3.5(b) of FOIA. Any FOIA Officer who is subsequently appointed shall complete the electronic training curriculum within 30 days after assuming the position. D. Summary of the FOIA Request process: Step One: Complete a FOIA Request Form: All requests for records shall be made in writing. However, oral requests for records will be honored. The City encourages the requestor to use the FOIA Request Form from the City Clerk's website (https://cityofevanston.org/government/city-clerk/freedom-of-information-act/), or submit a paper copy available at the City Clerk's Office at 2100 Ridge Avenue, Evanston, Illinois 60201. However, the City will process written requests not on the City's form as long as the following information is included: 157 of 382 2 | P a g e (a) name of requestor; (b) the requestor's mailing address, e-mail address (if applicable), and telephone number; (c) a specific description of the public records requested; and (d) a statement of purpose, indicating whether the Requestor intends to use the records, or the information derived from those records, for sale, resale, solicitation, or advertisement for sales or services. Step Two: Procedure for submission of the FOIA Request: Requests may be mailed, faxed or e-mailed to both FOIA Officers for processing. Requests can also be hand delivered to the FOIA Officers between the hours of 8:30 a.m. and 1:00 p.m. and 2:00 p.m. to 5:00 p.m. Monday through Friday, except on City observed holidays. An e-mail sent during business hours will be deemed received on the day it is received by the Public Body and an e-mail message sent after business hours will be deemed received on the following business day. Mailed Requests should be addressed as follows: City of Evanston Attn: FOIA Officer 2100 Ridge Avenue Evanston, IL 60201 Fax Number: 847- 448 - 8131 If you are sending request via email, send to both Deputy City Clerks: lblackman@cityofevanston.org and kterrier@cityofevanston.org Step Three: City Response The City will respond to the Request within five (5) business days of receipt of the Request. If the FOIA Officer determines that additional time is needed and allowed under FOIA to respond to the Request, then the FOIA Officer will send written notification to the Requestor of the reasons requiring the extension, and the length of the extension (no more than 5 business days). The Requestor and the City may also agree in writing to extend the time period to a date certain that is beyond the additional five (5) business days. The FOIA Officer, City Department officials, with the aid of the City of Evanston Law Department, shall evaluate if any or all of the requested public records are exempt from disclosure under FOIA. The City officials shall respond to the Request for records in one of five ways: (a) Approve the Request and release all requested documents for inspection and/or copying (Approval Response; Form A); (b) Approve the Request in part and deny the Request in part based on statute exemptions and provide the requestor an opportunity to appeal (Partial Denial Response; Form B); (c) Deny the Request for all records requested. The denial must cite statutory reasons for denial and provide requestor an opportunity to appeal (Denial Response; Form B). (d) Send a notice of extension for the City’s response to the Request (Notice of Extension; Form D); or 158 of 382 3 | P a g e (e) Meet and confer with the Requestor to narrow the scope of the Request (Meet and Confer Notice; Form E) and if the Requestor narrows the Request to a manageable size, the City will send a follow-up response letter with the updated records. (f) Send response letter indicating that the Request needs clarification regarding the records that the requestor is seeking and the verbiage within the Request is unclear (Form F). Step Four: (If applicable) City Response – Commercial Requests The City must be informed if the Request is made for commercial purpose. It is a violation of FOIA to attempt to procure public records without disclosing to the City that the Request is submitted for a commercial objective. The City shall respond to a request for records to be used for a commercial purpose within 21 working days after receipt. The response shall (i) provide to the requester an estimate of the time required by the public body to provide the records requested and an estimate of the fees to be charged, which the City may require the person to pay in full before copying the requested documents, (ii) deny the request pursuant to one or more of the exemptions set out in this Act, (iii) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions, or (iv) provide the records requested. Requests from the news media or non-profit organizations are not classified as a request for a commercial purpose if the purpose of the request is to: (a) access and disseminate information concerning news and current passing events; (b) write articles of opinions or features of interest to the public; or (c) use for the purpose of academic, scientific or public research/education. Step Five: Delivery of response and payment of any applicable fees If the Request is approved or approved in part, the City shall provide the materials in accordance within the time period aforementioned. The FOIA Officer shall give notice that the materials shall be made available upon payment of the reproduction costs, or give notice of the time and place for inspection of records. Public records are available for inspection during regular City business hours. During inspections, a City employee must be present and the record(s) cannot be removed from the building. E. Supplemental Requests Supplemental, amended, or additional requests to inspect, copy, or certify public records will not relate back to the time of receipt of the initial request. These requests will be considered new requests for purpose of determining all applicable time periods under FOIA. F. Interpretations or Advice The FOIA Officers are encouraged to contact the Requestor, if necessary, to clarify the Request. The FOIA Officer is also encouraged to seek advice on appropriate responses from the City’s Law Department. G. Request for an Extension – Form D 159 of 382 4 | P a g e The City must respond to a Request in 5 business days, but this response time may be extended by a FOIA Officer for up to 5 additional business days from the original due date for any of the following reasons.  The requested records are stored in whole or in part at other locations;  The request requires the collection of a substantial number of specified records;  The request is stated in categorical terms and requires an extensive search for the records responsive to it.  The requested records have not been located in the course of a routine search and additional efforts are being made to locate them;  The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure; or  The City must consult with another public body with respect to the records or the subject matter of the Request. II. DISCLOSURE OF PUBLIC RECORDS A. Notice of Approval If the FOIA Officer, in consultation with the applicable City department and the Law Department, determines that the Act permits disclosure of all or any part or portion of any public records requested on a Request filed under Section I of this FOIA Policy, the FOIA Officer will notify the Requestor in writing of that determination. B. Access to Public Records Except as otherwise specifically authorized by the FOIA Officer, only City personnel will be permitted to search City files, records, or storage areas; to use City equipment; or to make copies of City’s public records. Original public records may not be removed from the City’s Office at any time. C. Appointment to Inspect Records Public records requested under the FOIA may be inspected, or copies of public records obtained, during regular business hours of the City Clerk’s Office (Monday – Friday 8:30 a.m. – 5:00 p.m.). Because space is limited, Requestors must make arrangements in advance with the FOIA Officer for a specific appointment to inspect public records at the City Office. D. Payment of Fees The Requestor must pay all copying, certification, and postage fees in advance of receiving copies of any public records. E. Disclosure of Records in an Electronic Format When requested in electronic format, records will be furnished in the electronic format specified by the Requestor, if feasible, in accordance with Section 6(a) of the Act. If it is not feasible to furnish the records in the specified electronic format, then the City will furnish the record in the format in which the Public Body maintains it, or in paper format at the option of the Requestor. 160 of 382 5 | P a g e F. Recurrent Requester A recurrent requester is a person that, in the 12 months immediately preceding the request, has submitted to the City (i) a minimum of 50 requests for records, (ii) a minimum of 15 requests for records within a 30 -day period, or (iii) a minimum of 7 requests for records within a 7-day period. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered in calculating the number of requests made in the time periods in th is definition when the principal purpose of the requests is (i) to access and disseminate information concerning news and current or passing events, (ii) for articles of opinion or features of interest to the public, or (iii) for the purpose of academic, s cientific, or public research or education. The City shall respond to a request from a recurrent requester, as defined in subsection (g) of Section 2, within 21 business days after receipt. The response shall (i) provide to the requester an estimate of the time required by the public body to provide the records requested and an estimate of the fees to be charged, which the public body may require the person to pay in full before copying the requested documents, (ii) deny the request pursuant to one or more of the exemptions set out in this Act, (iii) notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions, or (iv) provide the records requested. G. Categorical Requests 1. If the FOIA Officer determines that a Request filed under Section I of this FOIA Policy for all records falling within a category will unduly burden the City and that the burden of the City outweighs the public interesting production of the public records sought, the FOIA Officer will notify the Requestor in writing of that determination, the reasons supporting such determination, and the right of the Requestor to meet with the FOIA Officer in an effort to narrow the request. The notice will be given by use of Form E or a similar correspondence ("Notice to Meet and Confer”). 2. If the Requestor agrees to meet and confer with the FOIA Officer regarding the request, the FOIA Officer will respond to the Request, or to the Request as narrowed at the meeting, within five working days following the date of the adjournment of the meeting. The response may take any form specified in Section II (E). 3. If the Requestor does not agree to meet and confer with the FOIA Officer regarding the request, the FOIA Officer may deny the request on the fifth working day after the date of the notice given pursuant to Paragraph G (1) above. H. Redacting Information When a request is made to inspect or copy a public record that contains information that is exempt from disclosure, but also contains information that is not exempt from disclosure, the FOIA Officer may elect to redact the information that is exempt, making available the remaining information for inspection and copying. The response letter will provide a statutory and factual basis for any and all redactions. I. Denial of Requested Records 161 of 382 6 | P a g e If the FOIA Officer determines that all or any part or portion of any public records requested on a Request filed pursuant to Section I of this FOIA Policy are not subject to disclosure under the Act or this FOIA Policy, the FOIA Officer will notify the Request or in writing of the determination. The notice of denial (including partial denials) shall include a detailed factual basis for the application of any exemption claimed, the reason for the denial, and the Requestor's right to judicial review or review by the Public Access Counselor, including the Public Access Counselor's address and phone number ("Notice of Denial”). In the event that a Request is denied on the grounds that the records are exempt under Section 7 of the Act, the notice of denial shall specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to supporting legal authority. The notice shall be given by use of Form A or a similar correspondence. J. Failure to Respond If the FOIA Officer fails to respond to a Request properly filed under Section I of this FOIA Policy, the Request shall be deemed denied as of the last day permitted for the response. Failure to respond within the time permitted for extension shall be considered a denial of the Request. If the City fails to respond to a Request within the time permitted for extension, but thereafter provides the requester with copies of the requested public records, the City cannot impose a fee for those copies. If the City requests an extension and subsequently fails to respond to the request within the additional time period, the City cannot treat the request as unduly burdensome. K. No Obligation to Create New Records Except as provided in Section V below, in responding to Requests to inspect, copy, or certify public records, the Act and this FOIA Policy does not require the City to create records that the City does not already maintain in record form. L. Request for Review with Public Access Counselor or Circuit Court If a Requestor disagrees with a Notice of Denial, then the Requestor may file a request for review with the Illinois Attorney General’s Public Access Counselor no later than 60 days after the date of the Notice of Denial. A Requestor denied access to certain information or public record may also file suit for injunctive or declaratory relief in the Circuit Court of Cook County. III. FEES A. Fees Established Unless fees are waived or reduced pursuant to Section III (C) below, each Requestor must pay the following fees for copying, certification, and mailing of public records, which the City has determined to be reasonably calculated to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the City to copy records: 1. Copies – letter or legal -- $.15 per side (first 50 pages are free) 162 of 382 7 | P a g e (black and white copies) 2. Copies – color or oversize -- Actual cost of reproduction. 3. Certification -- $1.00 per document (plus copy cost) 4. Mailing -- Actual cost of postage. 5. Recording Media -- Actual cost to the Public Body (discs, diskettes, tapes or other media) 6. Processing of requests -- Charge $10 per hour for every hour after the 8th Over 8 hours hour. If the requested records are of a type not listed above, or when the services of an outside vendor are required to copy any public record that are not 8 1/2 X 11 or 8 1/2 X 14, black and white, then the fees charged for copying the records will be the actual charges incurred by the City to produce the records. Fees specifically outlined in the Act will dictate and supersede these Rules. In the event that the City provides records in response to a Request but fails to respond within the requisite periods, such copies shall be provided free of charge In accordance with Section II (J) of the Act. B. Method and Time of Payment Payment of all required fees must be made in cash, by cashier's or certified check, or by money order prior to the examination, copying, or certification of any public record. C. Waiver of Fees The fees provided in Section III above may be waived or reduced by the FOIA Officer if the Requestor states the specific purpose of the request on the Request and establishes to the reasonable satisfaction of the FOIA Officer that a fee waiver or reduction would be in the public interest. Any request for fee waiver or reduction must be indicated on the Request at the time the Request is filed. A fee waiver or reduction will be considered to be in the public interest only if the principal purpose of the request is to disseminate information regarding the public health, safety, and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit to the Requestor. The FOIA Officer may consider the number of requested public records and the cost and necessity of copying them in setting the fee waiver or reduction amount. IV. CITY OBLIGATIONS A. Organizational Description In accordance with Section IV of the Act, the FOIA Officer will cause the City to prominently display at the Civic Center, make available for inspection, copying, and available on the City Clerk’s webpage under Freedom of Information Act “Organizational Information”, the following information: 1. City Mission: The City of Evanston is committed to promoting the highest quality of life for all residents by providing fiscally sound, responsive municipal services and delivering those services equitably, professionally, and with the highest degree of integrity. 163 of 382 8 | P a g e 2. Vision Statement: Creating the most livable city in America. 3. Organizational Values:  Excellent customer service  Continuous improvement  Integrity  Accountability 4. City of Evanston Budget: The City Council approved the FY 2014 operating budget for the City in the amount of $ 254,627,610 Million. 5. Total number of City employees: The total staffing level for FY 2014 is 804.78 full-time equivalents. 6. Organizational Chart: The City’s organizational charts are posted to the City of Evanston website at: https://cityofevanston.org/transparency/city-organizational-charts/. 7. Location of City of Evanston offices:  Civic Center: 2100 Ridge Avenue, Evanston, IL 60201; (847) 328-2100  Fire Department: 909 Lake Street, Evanston, IL 60201; (non-emergency) (847) 866-5918  Main Public Library: 1703 Orrington, Evanston, IL 60201; (847) 448-8600  Police Department: 1454 Elmwood Avenue, Evanston, IL 60201; (non- emergency) (847) 866-5000  Water Treatment Plant: 555 Lincoln Street, Evanston, IL 60201; (847) 866-2942  Dial 3-1-1 for non-emergency City services and information B. Records Stored by Electronic Data Processing The FOIA Officer will prepare and furnish to any person requesting it a description of the manner in which public records of the City stored by means of electronic data processing may be obtained in a form comprehensible to persons lacking knowledge of computer language or printout format. C. Summary of Procedures The FOIA Officer will create, maintain current, and make available for inspection, copying, and mailing a copy of this FOIA Policy containing at a minimum the following: a brief summary of the procedures established by this FOIA Policy, a directory designating the FOIA Officer, the address where requests for public records should be directed, and any fees allowed. D. Posting and Mailing of Information The FOIA Officer will keep posted at the City Office, and will provide a copy to any person making a request therefor, the Organizational Description prepared pursuant to Section IV (A)(6) above and these rules. 164 of 382 9 | P a g e E. Record Keeping The FOIA Officer will retain copies of all Requests and documents relating to a Request until the Request is complied with or has been denied. In addition, copies of Requests, any responses including Notices of Denial, and a copy of communications with the Requestor and other communications shall be maintained by the FOIA Officer for the period provided under the Illinois Local Records Act, 50 ILCS 205/1 et seq. F. Public Records Available Below is a non-exhaustive list and sampling of the documents retained as public records by the City of Evanston and available for inspection and/or copying:  Administrative manuals, procedural rules  Statements and interpretations of policy adopted by any City entity  Final planning policies adopted by any City entity  Service request records to the City’s 311 system  Administrative Adjudication records (orders, notices of violation, etc.)  Factual reports, inspection reports and studies prepared for or by the City  Any account, voucher or contract dealing with the receipt or expenditure of public funds  Names, salaries, titles and dates of employment of all employees and officers  Name of every official and final records of voting in all proceedings of public bodies  Reports and studies prepared by an independent consultant for the City  Any grant or contract made by or between the City and another public body or private organization  Plans submitted to the Building Department and permits issued  Arrest Reports, crime data, and case reports  Procurement reports, contracts, performance and payment bonds, proposals, and bid packages 165 of 382 10 | P a g e FORM A CITY OF EVANSTON RELEASE OF REQUESTED PUBLIC RECORDS To: On , 20 , the City of Evanston received your written request for the inspection, copying, or certification of certain City public records (“Your Request”) pursuant to the Freedom of Information FOIA (“FOIA”). Your Request was for the following records: _____________________________________________________________________________ _____________________________________________________________________________ Your Request is granted. The amount owed for the requested Dated: , 20 CITY OF EVANSTON By: Title: _____________________________ 166 of 382 11 | P a g e FORM B CITY OF EVANSTON DENIAL OF REQUEST FOR PUBLIC RECORDS UNDER FOIA To: On , 20 , the City of Evanston received your written request for the inspection, copying, or certification of certain City public records (“Your Request”) pursuant to the Freedom of Information FOIA (“FOIA”). 1. Denial of Request Your Request is hereby Denied in its entirety. The reason(s) for denial are stated in Paragraph 5 below. Your Request has been denied in part. The records for which Your Request is denied and granted are detailed below: (a) Your Request is denied as to the following records (the “Specified Records”): (b) Your Request is granted in part as the following records (the “Approved Records”): 2. Notice of the Right to Review You have the right to file a request for review of Your Request and this Notice of Denial by the Public Access Counselor of the Office of the Illinois Attorney General. The Public Access Counselor may be contested at 500 South 2nd Street, Springfield, Illinois 62706, or by telephone at (217) 558-0486. In addition, you have the right to seek judicial review of this denial. 3. Justification of Denial Your Request is being denied with respect to the Specified Records because the Specified Records are exempt from disclosure pursuant to FOIA for the following reason or reasons (references are to sections of FOIA): (a) Personal Privacy __ The Specified Records are private information. § 2(c-5), § 7(1)(b) (b) Internal Operations The Specified Records relate to pending negotiations for the purchase or sale of real estate. § 7(1)(r) 167 of 382 12 | P a g e (c) Law enforcement and security The Specified Records were created in the course of administrative enforcement proceedings, or for law enforcement purposes, and disclosure would: interfere with a pending or actually and reasonably contemplated law enforcement proceeding by the City. § 7(1)(d)(i) interfere with active administrative enforcement proceedings by the City. § 7(1)(d)(ii) unavoidably disclose the identity of a confidential source or confidential information provided by the confidential source, or the identity of persons who file complaints with or provide information to administrative, investigative, law enforcements or penal agencies. § 7(1)(d)(iv) disclose unique or specialized investigative techniques other than those generally used and known, and disclosure would result in demonstrable harm to the City. § 7(1)(d)(v) endanger the life or physical safety of any person. § 7(1)(d)(vi) obstruct or interfere with an active or ongoing criminal investigation by the City. § 7(1)(d)(iv), § 7(1)(d)(vii) (d) Business The Specified Records contain trade secrets or commercial or financial information furnished to the City under a claim that they are proprietary, privileged, or confidential, and disclosure would cause competitive harm to the furnisher of the information. § 7(1)(g) The Specified Records constitute proposals or bids for a contract, grant, or agreement that has not been awarded or for which a final selection has not been made, and disclosure would either frustrate the City’s procurement procedures, or give an advantage to any person who may submit a proposal or bid. § 7(1)(h) The Specified Records constitute information prepared by or for the City in preparation of a bid solicitation for which no award or final selection has been made. § 7(1)(h) The Specified Records are valuable formulae, computer geographic systems, designs, drawings, or search data obtained or produced by the City, and disclosure could be expected to produce private gain or public loss. § 7(1)(i) (e) Attorney Communications The Specified Records were prepared or compiled at the request of an attorney advising the City in anticipation of criminal, civil, or administrative proceedings. § 7(1)(m) The Specified Records were prepared or compiled with respect to an internal audit of the City. § 7(1)(m) (f) Architect and engineering plans Disclosure of the Specified Records would compromise the security of a project constructed with public funds. § 7(1)(k) The Specified Records are plans, technical submissions or other construction related technical documents for projects not constructed in whole or in part with public funds. § 7(1)(k) 168 of 382 13 | P a g e (g) Personnel The Specified Records are test questions, scoring keys, or other examination data used to determine employment or license qualifications. § 7(1)(q) The Specified Records relate to adjudication of an employee grievance or disciplinary case, and do not constitute the final outcome of a case in which discipline was imposed. § 7(1)(n) The Specified Records relate to employee collective bargaining matters and do not constitute a final collective bargaining agreement. § 7(1)(p) Disclosure of the Specified Records is prohibited by the Personnel Records Review FOIA. § 7.5(q) (h) Not Public Records The Specified Records are neither prepared by or for the City, nor have the Specified Records been or are being used by, or received by, the City. § 1, § 2(c) The Specified Records are not within the City’s possession or control, nor are the Specified Records related to a governmental function. § 1, § 2(c), § 7(2) (i) Miscellaneous: Your Request, couched in categorical terms, is unduly burdensome because the burden on the City of complying with Your Request outweighs the public interest in providing the Specified Records, and efforts to reduce Your Request to manageable proportions have been unsuccessful after the City’s extension of the opportunity to meet and confer on the documents requested. § 1 &3(g) Your Request is unduly burdensome because you have repeatedly requested the Specified Records, which records are unchanged or identical to records previously provided or properly denied pursuant to the FOIA § 3(g) Disclosure of the Specified Records is specifically prohibited by the following Federal or State law, rule: §7(1(a)) 4. You have a right to appeal this decision within 60 days to Sarah Pratt, Acting Public Access Counselor, Office of the Illinois Attorney General, 500 S. 2nd Street, Springfield, Illinois 62706, (phone number 1-877-299-FOIA) or to seek judicial review under Section 11 of FOIA, 5 ILCS 140/11. Dated: , 20 CITY OF EVANSTON By: Title: _____________________________ 169 of 382 14 | P a g e FORM C CITY OF EVANSTON INSPECTION ACKNOWLEDGEMENT OF REQUESTED PUBLIC RECORDS To: On , 20 , the City of Evanston received your written request for the inspection, copying, or certification of certain City public records (“Your Request”) pursuant to the Freedom of Information FOIA (“FOIA”). You were provided an opportunity to inspect the public records requested on _________, 2014. Your Request was for the following records: _____________________________________________________________________________ _____________________________________________________________________________ Dated: , 20 CITY OF EVANSTON By: Title: _____________________________ 170 of 382 15 | P a g e FORM D REQUEST FOR EXTENSION OF TIME To: On ,20__, the City of Evanston received your written request for the inspection, copying, or certification of certain City public records (the “Request”) pursuant to the Freedom of Information Act, 5 ILCS 140/1 et seq. (“FOIA”). Please be advised that an additional five (5) business days from the original due date is needed in order to process your Request. The reason for the need for additional time is for the following reason(s): _____ The requested records are stored in whole or in part at other locations than the office having charge of the requested records; _____ The request requires the collection of a substantial number of specified records; _____ The request is couched in categorical terms and requires an extensive search for the records responsive to it; _____ The requested records have not been located in the course of routine search and additional efforts are being made to locate them; _____ The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 of this Act or should be revealed only with appropriate deletions; _____ The request for records cannot be compiled with the public body within the time limits prescribed by paragraph (c) of this Section without unduly burdening or interfering with the operations of the public body; and/or _____ There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request. Dated: , 20 CITY OF EVANSTON By: Print: Freedom of Information Officer 171 of 382 16 | P a g e FORM E NOTICE TO MEET AND CONFER TO NARROW REQUEST To: On , 20 , the City of Evanston received your written request for inspection, copying, or certification of the following categories of City public records (the “Request”) pursuant to the Freedom of Information Act, 5 ILCS 140/1 et seq. (“FOIA”): Your are hereby notified that your Request for public records has been determined to be unduly burdensome pursuant to Section 3(g) of FOIA because the burden on the City of providing the records outweighs the public interest in disclosure of the information contained in the Request. Specifically, but without limitation, providing the documents within the Request would be unduly burdensome to the City because: I hereby extend to you an opportunity to meet and confer with in an attempt to narrow your request to manageable proportions or send a revised request narrowing the scope. Please call ________________________ between 9:00 a.m. and noon or 1:00 p.m. and 5:00 p.m. Monday through Friday, in order to schedule a conference. Please note that if you do not contact the City staff member indicated for the opportunity to meet and confer, your Request will be denied on the fifth Business Day after the date of this notice and no further correspondence will be sent by the City. Dated: , 20 CITY OF EVANSTON By: Print: Title 172 of 382 17 | P a g e FORM F NOTICE TO CLARIFY REQUEST To: On , 20 , the City of Evanston received your written request for inspection, copying, or certification of the following categories of City public records (the “Request”) pursuant to the Freedom of Information Act, 5 ILCS 140/1 et seq. (“FOIA”): The City seeks clarification with respect to the following portion: Dated: , 20 CITY OF EVANSTON By: Print: Freedom of Information Officer 173 of 382 For City Council meeting of June 23, 2014 Item A6 Resolution 46-R-14: Intergovernmental Agreement with ETHS District No. 202 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Wally Bobkiewicz, City Manager Richard Eddington, Chief of Police Subject: Resolution 46-R-14, Intergovernmental Agreement between the City and Evanston Township High School District 202 Date: June 6, 2014 Recommended Action: Staff recommends City Council adoption of Resolution 46-R-14 authorizing the City Manager to negotiate and execute an intergovernmental agreement (the “2014 Intergovernmental Agreement”) with the Evanston Township High School District 202 (“ETHS”) for the staffing of two police officers at the high school as school resource officers (“SROs”) and for ETHS to employ a Community and External Affairs Coordinator to work on vocational training activities. Funding Source: Funding for the SRO’s is provided by the Police Department Personnel budget (2235.61010), which has a budgeted amount of $251,658.00. Summary: The Evanston Police Department currently has two police officers deployed to work full- time at the Evanston Township High School under a formal intergovernmental agreement that is set to expire June 30, 2014. The proposed 2014 Intergovernmental Agreement seeks to continue the services provided for an additional five years. In exchange for the City of Evanston’s continued deployment of two police officers to serve as school resource officers, ETHS will continue to employ a Community and External Affairs Coordinator to work on vocational training for ETHS students. The Intergovernmental Agreement will outline the understanding and expectations between the parties. Below are points outlining the basic framework of the new Intergovernmental Agreement: • Term: July 1, 2014 – June 30, 2019 Memorandum 174 of 382 • The parties will bear their own costs and expenses to administer and provide the resources that the agreement requires; • ETHS shall employ an individual to work full-time on vocational training and outreach to ETHS students during the term of the agreement. • ETH agrees to develop a plan with stated objectives for the career/job coordinator. The goals will address issues of: (1) increased participation in vocational training by students; (2) increased post-graduation employment; and (3) anticipated skills to be obtained. • The City will deploy two police officers to work at ETHS as his/her primary duty assignment. Authority is requested by the City Manager’s Office to further negotiate and execute an Intergovernmental Agreement with ETHS that is in the best interests of the City and substantially conforms to the above framework. Any further direction provided by the City Council regarding the Intergovernmental Agreement will be incorporated into the terms of the agreement. The Intergovernmental Agreement will be approved as to form by the City’s Corporation Counsel prior to execution. Attachments: Resolution 46-R-14 Page 2 of 2 175 of 382 6/6/2014 46-R-14 A RESOLUTION Authorizing the City Manager to Execute an Intergovernmental Agreement with the Evanston Township High School District No. 202 for the Assignment of Two Evanston Police Officers to be School Resource Officers WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. public agencies may contract or otherwise associate among themselves, or transfer any power or function, in any manner not prohibited by law or ordinance; and WHEREAS, the City of Evanston and Evanston Township High School District No. 202 (“ETHS”) are “public agencies” within the meaning of the Illinois Intergovernmental Cooperation Act and the aforementioned public agencies desire to enter into an intergovernmental agreement to share resources; and WHEREAS, the intergovernmental agreement outlines that the City agrees to continue the deployment of two School Resource Officers from the Evanston Police Department with their primary duty assignment at ETHS and in consideration ETHS agrees to continue the employment of a Community and External Affairs Coordinator to work on vocational training and outreach to ETHS students (the “Intergovernmental Agreement,” attached hereto as “Exhibit A”); and NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized to negotiate and further execute the Intergovernmental Agreement with Evanston Township High School 176 of 382 - 2 - District No. 202, which will conform to the referenced objectives. The Intergovernmental Agreement will be approved as to form by the City’s Corporation Counsel prior to execution. SECTION 2: This resolution 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 177 of 382 - 3 - EXHIBIT A Intergovernmental Agreement 178 of 382 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is entered into as of the latest date following the signatures hereon, by and between the EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202, Cook County, Illinois (hereinafter “ETHS”), and the CITY OF EVANSTON, an Illinois municipal corporation and home rule unit as described in the Illinois Constitution (hereinafter “City”), collectively referred to as the “Parties”. WITNESSETH WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. public agencies may contract or otherwise associate among themselves, or transfer any power or function, in any manner not prohibited by law or ordinance; and WHEREAS, the Parties are “public agencies” within the meaning of the Illinois Intergovernmental Cooperation Act; and WHEREAS, the City and ETHS desire to enter into this Agreement to continue to share resources to better the community; and WHEREAS, the City agrees to continue the deployment of two School Resource Officers from the Evanston Police Department to work exclusively at ETHS and in consideration ETHS agrees to continue the employment of a Community and External Affairs Coordinator to work on vocational training and outreach to ETHS students; and WHEREAS, the Parties wish to associate, cooperate, and enter into an intergovernmental agreement to define each Party’s rights and responsibilities in regards to the (“Project”); and WHEREAS, this Agreement shall be executed in addition and shall have no effect upon any other mutual aid agreements or other agreements between the parties; and NOW, THEREFORE, in consideration of the foregoing recitals, and the mutual covenants and undertakings hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, it is agreed between the Parties hereto, as follows: A. The foregoing recitals are incorporated herein as if fully set forth hereby. B. The City Manager, or his designee, shall administer this Agreement on behalf of the City and the Superintendent, or his designee, shall administer this Agreement on behalf of ETHS. C. The Parties acknowledge that each party shall bear their own cost and expenses incurred to comply with terms of this IGA and the Project. D. The term for the Project shall commence on July 1, 2014 and end on June 30, 2019 (5 years) (the “IGA Term”). 179 of 382 - 2 - E. Prior to the execution of this Agreement, the City deployed two police officers to ETHS for primary duty assignment as a school resource officer (“SRO”) at ETHS. The City agrees to continue the deployment of the two SROs for primary duty assignment during the IGA term as follows: (1) two SROs will be assigned to ETHS during the ETHS academic school year (180 days per calendar year); (2) only one SRO will be assigned to ETHS during the ETHS summer school year (28 days per calendar year); and (3) the Parties agree that during the non-school year period, the SROs will be deployed to duties with the Evanston Police Department outside the scope of this IGA. F. Prior to the execution of this Agreement, ETHS employed a Community and External Affairs Coordinator to work full-time on vocational training and outreach to ETHS students during the IGA Term (“ETHS Community and External Affairs Coordinator”). ETHS agrees to continue the employment of a ETHS Community and External Affairs Coordinator and develop a plan with stated goals and initiatives for the ETHS Community and External Affairs Coordinator to continue to consult and guide efforts during the IGA Term. G. Prior to the execution of this Agreement, the City and ETHS formed a joint committee to meet quarterly to review the progress of these initiatives including the work of the school resource officers, the progress of school safety initiatives such as lighting and camera installation adjacent to the campus, and ETHS career and job programs including participation in vocational training and post-graduation employment of students. The City and ETHS agree to continue the quarterly meetings of the joint committee to review the progress of the aforementioned initiatives. H. The Parties agree to cooperate fully, to execute any and all supplementary documents, and to take all additional actions which are consistent with and which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. I. In the event of any substantive breach of the terms and conditions of this Agreement, the aggrieved party shall notify the party alleged to be in breach of the nature of the breach. The party alleged to be in breach shall have ten (10) days to cure the breach; if the nature of the breach is such that a cure cannot reasonably be effected within ten (10) days, the party alleged to be in breach shall not be held in default so long as it commences a cure in the ten (10) day period and diligently pursues completion thereof. Upon default of this Agreement, the non-defaulting party shall have all legal and equitable remedies arising from the breach. J. Indemnification: (a) To extent authorized by the laws of the State of Illinois, the City shall indemnify and hold ETHS harmless against any and all claims, demands, damages, liabilities and costs incurred by ETHS which resulted from any negligent act or omission of the City, its agents, or employees, pertaining to its activities and obligations under this Agreement. 180 of 382 - 3 - (b) To extent authorized by the laws of the State of Illinois, the ETHS shall indemnify and hold City harmless against any and all claims, demands, damages, liabilities and costs incurred by City which resulted from any negligent act or omission of ETHS, its agents, or employees, pertaining to its activities and obligations under this Agreement. K. All notices required to be given hereunder shall be in writing and shall be properly served on the date delivered by courier or on the date deposited, postage prepaid, with the U. S. Postal Service for delivery via certified mail, return receipt requested, addressed: If to City: Wally Bobkiewicz City Manager City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Richard Eddington Chief of Police City of Evanston 1454 Elmwood Evanston, IL 60201 W. Grant Farrar Corporation Counsel City of Evanston 2100 Ridge Avenue Evanston, IL 60201 If to ETHS: Dr. Eric Witherspoon Superintendent 1600 Dodge Avenue Evanston, IL 60201 William Stafford Chief Financial Officer 1600 Dodge Avenue Evanston, IL 60201 L. This Agreement shall be binding to the Parties and their respective successors, including successors in office. M. This Agreement is governed by and shall be construed in accordance with the laws of the State of Illinois. N. No amendment, waiver, or modification of any term or condition of this Agreement shall be binding or effective for any purpose unless expressed in writing and adopted by each of the Parties as required by law. O. This Agreement expresses the complete and final understanding of the Parties with respect to the subject matter as of the date of its execution. The Parties acknowledge that no representations have been made which have not been set forth herein. P. In the event that any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Q. This Agreement may not be assigned by either Party without the prior written consent of the other Party, which consent will be granted or denied at the Party’s sole discretion. 181 of 382 - 4 - R. This Agreement is for the benefit of the Parties and no other person is intended to or shall have any rights, interest or claims under this Agreement or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. S. The undersigned represent that they have the authority of their respective governing authorities to execute this Agreement. WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by the Superintendent of the Evanston Township High School District No. 202 and the City Manager of the City of Evanston. Their signatures are attested to by the respective clerks of these municipalities, and their respective corporate seals have been hereunto affixed on the day and year written below. EVANSTON TOWNSHIP HIGH SCHOOL DISTRICT NO. 202: By: Superintendent Date: Attest: [Seal] CITY OF EVANSTON: By: City Manager Date: Attest: City Clerk [Seal] 182 of 382 For City Council meeting of June 23, 2014 Item A7 Resolution 47-R-14: Reimbursement of 2014 General Obligation Bond Issue For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Subject: Resolution 47-R-14 authorizing that payments relating to the FY 2014 Capital Improvement Plan (C.I.P) projects be reimbursed by the subsequent 2014 General Obligation (G.O.) Bond Issuance Date: June 9, 2014 Recommended Action: Staff recommends City Council adoption of Resolution 47-R-14 authorizing that payments relating to FY 2014 Capital Improvement Plan (C.I.P.) project expenditures up to $11,197,000 be reimbursed by the subsequent 2014 General Obligation (G.O.) bond issuance. Summary: The 2014 Budget and Capital Improvements Plan include the issuance of approximately $11,197,000 in G.O. bonds, which includes the following amounts: This resolution allows the City to pay necessary C.I.P. costs and reimburse itself from the G.O. bond proceeds. Any payments that need to be made before the bond proceeds are received will be made from the appropriate City fund and then reimbursed from bond proceeds. As approved on November 25, 2013, the attached project list shows C.I.P. projects that will be funded through bond proceeds. Attachments: Resolution 47-R-14, City of Evanston, Cook County, Illinois Reimbursement Resolution City of Evanston, 2014 Reimbursement Resolution Project List Memorandum Fund Amount Capital Improvements Fund 8,332,000 Water Fund 2,865,000 TOTAL 11,197,000 183 of 382 6/10/2014 47-R-14 A RESOLUTION Expressing Official Intent Regarding Expenditures from the Funds of the City of Evanston, Cook County, Illinois, to be Reimbursed from Proceeds of Obligations to be Issued by the City of Evanston, Cook County, Illinois WHEREAS, the City of Evanston, Cook County, Illinois (the “City”) has financed and further intends to finance projects (attached as Exhibit “A”) consisting of various capital improvements at various locations throughout the City, including certain capital expenditures as detailed for the year 2014 in the City’s Capital Improvement Plan, as adopted by the City Council of the City (the “Projects”); and WHEREAS, all or a portion of the expenditures as proposed to be reimbursed and relating to such Projects (the “Expenditures”): (i) have been paid within (60) days prior to the passage of this Resolution; or (ii) will be paid on or after the passage of this Resolution; and WHEREAS, the City reasonably expects to reimburse itself or pay for the Expenditures with proceeds of an obligation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Incorporation of Preambles. The City Council hereby finds and determines that all of the recitals contained in the preambles to this resolution are full, true and correct and does hereby incorporate them into this Resolution by this reference. 184 of 382 47-R-14 ~2~ SECTION 2: Reimbursement. The City reasonably expects to reimburse or pay the Expenditures with the proceeds of an obligation. SECTION 3: Maximum Principal Amount. The maximum principal amount of the obligations expected to be issued for the Projects is eleven million one hundred and ninety-seven thousand dollars ($11,197,000). SECTION 4: Actions. All actions of the officers, agents and employees of the City that are in conformity with the purposes and intent of this Resolution, whether taken before or after the adoption hereof, are hereby ratified, confirmed and adopted. SECTION 5: Severability. If any section, paragraph, or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph, or provision shall not affect any of the remaining provisions of this Resolution. SECTION 6: This Resolution 47-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 185 of 382 47-R-14 ~3~ EXHIBIT A City of Evanston – Reimbursement Resolution Project List 186 of 382 12345678111214151819202224252728293034363940434857667073747677808788899192ABCDFMCity of Evanston2014 Reimbursement Resolution Project List Project Funding Fund NewDescriptionHeadDepartmentSourceResponsibleFY14Neighborhood Public Art ProgramMcRae PRCS GO Debt Capital Improvement 75,000 Crown Center Minor ProjectsMcRae PRCS GO Debt Capital Improvement 50,000 Engineering ServicesLyons Admin Serv GO Debt Capital Improvement 475,000 Street Resurfacing - CIPRobinsonPublic Works GO Debt Capital Improvement 2,325,000 Lakefront - Lagoon Area Improvements RobinsonPublic Works GO Debt Capital Improvement 275,000 Central Street Sidewalk - Eastwood to Hartrey DesignRobinsonPublic Works GO Debt Capital Improvement 100,000 Emerson/Ridge/Green Bay IntersectionRobinsonPublic Works GO Debt Capital Improvement 150,000 Bridge Street Bridge Construction - McCormick to BrownRobinsonPublic Works GO Debt Capital Improvement 360,000 Bridge Rehab Isabella Phase II Design & ConstructionRobinsonPublic Works GO Debt Capital Improvement 150,000 Bridge Street Bridge Phase III - Construction EngineeringRobinsonPublic Works GO Debt Capital Improvement 40,000 50 / 50 Sidewalk Replacement ProgramRobinsonPublic Works GO Debt Capital Improvement 250,000 CMAQ Chicago Avenue Signal Improvement ReimbursementRobinsonPublic Works GO Debt Capital Improvement 60,000 Neighborhood Traffic Calming & Pedestrian/Bike AccommodationsRobinsonPublic Works GO Debt Capital Improvement 50,000 Pedestrian Safety, Pavement Marking, Streetlight ImprovementsRobinsonPublic Works GO Debt Capital Improvement 150,000 Animal Shelter RenovationsRobinsonPublic Works GO Debt Capital Improvement 120,000 Baker Park RenovationsRobinsonPublic Works GO Debt Capital Improvement 75,000 Chandler Center Study / Minor ImprovementsRobinsonPublic Works GO Debt Capital Improvement 250,000 Civic Center Boiler Building RenovationsRobinsonPublic Works GO Debt Capital Improvement 120,000 Fire Station #2 RenovationsRobinsonPublic Works GO Debt Capital Improvement 360,000 Fleetwood-Jourdain Study / Minor ImprovementsRobinsonPublic Works GO Debt Capital Improvement 250,000 Lakefront - Dempster Street Boat Rack InstallationsRobinsonPublic Works GO Debt Capital Improvement 75,000 Levy Center RenovationsRobinsonPublic Works GO Debt Capital Improvement 100,000 Police - Fire Headquarters RenovationsRobinsonPublic Works GO Debt Capital Improvement 50,000 Davis Streetscape / Resurfacing / Bike Lane - Asbury - DodgeRobinsonPublic Works GO Debt Capital Improvement 300,000 Dodge Ave Protected Bike Lane - Howard to Church (if grant funded)RobinsonPublic Works GO Debt Capital Improvement 120,000 Sheridan Road Improvement Project (Emerson to North City Limits)RobinsonPublic Works GO Debt Capital Improvement 250,000 Sheridan Road Signal Upgrade Project (Main to Burnham)RobinsonPublic Works GO Debt Capital Improvement 100,000 Dempster Signals Phase II & III and Construction EngineeringRobinsonPublic Works GO Debt Capital Improvement 59,000 Sheridan-Chicago Bike Path Phase I, II Engineering and ConstructionRobinsonPublic Works GO Debt Capital Improvement 37,458 Bike Plan UpdateRobinsonPublic Works GO Debt Capital Improvement 25,000 Isabella/Sheridan Rehabilitation Project (Wilmette Reimbursement) Robinson Public Works GO Debt Capital Improvement 280,000 Civic Center Security ImprovementsRobinsonPublic Works GO Debt Capital Improvement 300,000 ETHS/Dodge Ave Pedestrian Light Improvement RobinsonPublic Works GO Debt Capital Improvement 100,000 187 of 382 12345678ABCDFMCity of Evanston2014 Reimbursement Resolution Project List Project Funding Fund NewDescriptionHeadDepartmentSourceResponsibleFY149394100101102103104105106107108109111112117118119ETHS/Church St Bike PathRobinsonPublic Works GO Debt Capital Improvement 250,000 Ecology Center RenovationsRobinsonPublic Works GO Debt Capital Improvement 100,000 Public Tree Inventory and Cityworks ImplementationRobinsonPublic Works GO Debt Capital Improvement 250,000 Facilities Capital Improvement ContingencyRobinsonPublic Works GO Debt Capital Improvement 250,000 SUBTOTAL8,331,458 AMR Radio Transmitter ReplacementStonebackUtilitiesGO DebtWater 600,000 Master Meter and Chemical Feed ImprovementsStonebackUtilitiesGO DebtWater 430,000 Chlorination Equipment ReplacementStonebackUtilitiesGO DebtWater - Standpipe Painting and Mixing EquipmentStonebackUtilitiesGO DebtWater 1,250,000 Roof Improvement ProjectsStonebackUtilitiesGO DebtWater 585,000 SUBTOTAL2,865,000 TOTAL - ALL FUNDS11,196,458 188 of 382 For City Council meeting of June 23, 2014 Item A8 Ordinance 74-O-14: Borrowing from the IEPA Loan Program For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: David Stoneback, Director of Utilities Subject: Ordinance 74-O-14, Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program Date: June 12, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 74-O-14 authorizing the City to borrow funds from the Illinois Environmental Protection Agency (IEPA) Water Pollution Control Loan Program for the construction of the Large Diameter Sewer Rehabilitation on Cleveland Street. Funding Source: This ordinance authorizes the City to borrow up to $253,000. The debt service will be paid from the Sewer Fund. A copy of the long-term sewer fund analysis is attached that includes this loan and the debt service for repayment. Background: The City has 7.0 miles of 36-inch diameter and larger sewers that are constructed of brick or clay tile and are greater than 100 years old. The estimated cost to rehabilitate these sewers using a cured-in-place pipe (CIPP) lining process is $14.4 million. The City has been successful in obtaining almost $4.5 million in IEPA loans between 2012 and 2013 that have funded the rehabilitation of 2.3 miles of the 7.0 miles of large diameter sewer in need of rehabilitation. Analysis: The work to be performed under this proposed project will rehabilitate approximately 425 feet of large diameter sewer main. The sewer mains are located on Cleveland Street, between Pitner Avenue and Hartrey Avenue (see attached location map). The IEPA has reviewed and approved the project, as indicated in the attached letter dated May 9, 2013, and has also issued a Categorical Exclusion from a detailed Memorandum 189 of 382 environmental review of the project. The attached approval letter from IEPA indicates a number of additional requirements prior to obtaining a loan commitment. Adoption of this ordinance authorizing the City to borrow the funds is one of those requirements. Legislative History: N/A Attachments: Proposed Ordinance 74-O-14 Sewer Fund analysis Project Location Map IEPA project approval letter dated May 9, 2013 190 of 382 5/21/2014 6/12/2014 74-O-14 AN ORDINANCE Authorizing the City to Borrow Funds from the Illinois Environmental Protection Agency Water Pollution Control Loan Program NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Legislative Statement. At the time of passage of this ordinance, the City of Evanston, Cook County, Illinois, (“City”) operates its sewage collection system, including all property, real, personal, or otherwise owned or to be owned by the City or under the control of the City, and used for sewage collection purposes, as well as for any and all further extensions, improvements, and additions to the system; however, expressly excluding property which from time to time is deemed by the City to be no longer useful or necessary to the continued effective and efficient operation of the system or extensions, improvements or additions which are at the time of construction, acquisition and installation expressly excluded from the definition of system hereunder by the City, hereinafter referred to as “System,” and in accordance with the provisions of Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois and 30 ILCS 350/1 et seq., the Local Government Debt Reform Act, hereinafter collectively referred to as the “Act.” 191 of 382 74-O-14 ~2~ The City Council has determined that it is advisable, necessary and in the best interests of public health, safety and welfare to improve the System. Said improvements include the following: Large diameter sewer rehabilitation by installing a cured-in-place pipe line in approximately 425 feet of 54-inch diameter combined sewer on Cleveland Street. The expected useful life of said rehabilitated sewers is estimated at 100 years. All improvements are to be constructed in accordance with the plans and specifications prepared by the City of Evanston Professional Engineer registered staff. All work herein described shall be referred to as the “Project.” The estimated cost of constructing and installing the Project, including engineering, legal, financial, and other related expenses is two hundred fifty-three thousand dollars ($253,000) and there are insufficient funds on hand and lawfully available to pay such costs. Such costs are expected to be paid for with a loan to the City from the Illinois Environmental Protection Agency, hereinafter referred to as “IEPA,” through the Water Pollution Control Loan Program, hereinafter referred to as the “Program,” said loan to be repaid from revenues of the System, and such loan is authorized to be accepted at this time pursuant to the Act. Pursuant to, and in accordance with, the provisions of the Act, the City is authorized to borrow funds from the Program in the aggregate principal amount of two hundred fifty-three thousand dollars ($253,000) for the purpose of providing funds to pay the costs of the Project. The loan to the City shall be made pursuant to a Loan Agreement, including certain terms and conditions, between the City and the IEPA, SECTION 2: This Ordinance 74-O-14 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law, all 192 of 382 74-O-14 ~3~ pursuant to the Act and including, expressly, the home rule powers of the City pursuant to Section 6(a) of Article VII of the Illinois Constitution of 1970. SECTION 3: That it is necessary to public health, safety and welfare and in the best interests of the City to construct the Project and that the System continue to be operated in accordance with the provisions of the Act, and that for the purpose of constructing the Project, it is hereby authorized that funds be borrowed by the City of Evanston in an aggregate principal amount not to exceed two hundred fifty-three thousand dollars ($253,000). SECTION 4: That, subject to the express provisions of this Ordinance, the City may not adopt additional ordinances or amendments which provide for any substantive or material change in the scope and intent of this Ordinance, including but not limited to interest rate, preference or priority of any other ordinance with this Ordinance, parity of any other ordinance with this Ordinance, or otherwise alter or impair the obligation of the City to pay the principal and interest due to the Program without the written consent of the IEPA. SECTION 5: That repayment of the loan to the IEPA by the City, pursuant to this Ordinance, is to be solely from the revenues derived from the System, as hereinafter provided; the loan does not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation. For the purposes hereof, “revenues” (hereinafter “Revenues”) of the System means all income from whatever source derived from the System, including investment income and the like, connection, permit and inspection fees and the like, user charges of all kinds for the use and service of the System, and including such transfers from the corporate funds or the sewer fund 193 of 382 74-O-14 ~4~ of the City as the City Council shall from time to time determine through the budget and appropriation of such funds, or other proper action; but shall not include non-recurring income from the sale of property of the System, governmental or other grants or loans, and as otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. The repayment of the loan from the Revenues shall in all events be made only after provision for the payment of “Operation and Maintenance Costs” of the System, hereby defined to mean all costs of operating, maintaining and routine repair of the System, including such items as wages, salaries, costs of materials and supplies, taxes, power, fuel, insurance, purchase of sewage treatment or disposal capacity, including all payments for such services to be made pursuant to long-term contracts for the provision of such services, but shall not include debt service of any kind, depreciation, any capital reserve requirements, and as otherwise determined in accordance with generally accepted accounting principles for municipal enterprise funds. The City hereby pledges the Revenues, after provision has been made for the payment of Operation and Maintenance Costs, to the repayment of the loan; and covenants and agrees to charge such rates and impose such fees and charges for the use and service of the System as shall be sufficient to pay in a timely manner all repayments as required on the load pursuant to the terms of the Loan Agreement. SECTION 6: That the City Council hereby authorizes acceptance of the offer of a loan through the Program, including all terms and conditions of the Loan Agreement (“Loan Agreement”), as well as all special conditions contained therein and made a part thereof by reference. The loan funds awarded shall be used solely for the 194 of 382 74-O-14 ~5~ purpose of the Project as approved by the IEPA in accordance with the terms and conditions of the Loan Agreement. SECTION 7: That the City Manager is hereby authorized and directed to execute the Loan Agreement with the IEPA and to negotiate any additional terms or conditions deemed to be in the best interests of the City. SECTION 8: That the City hereby covenants and agrees that the Revenues, after a provision is made for the payment of Operation and Maintenance Costs, are a dedicated source of funds for the repayment of the loan, as evidenced by the Loan Agreement. The City reserves the right, without limitation of any kind, to issue obligations (“Obligations”) of any kind (including bonds, notes, or other obligations by whatever name and including all loans) payable from the Revenues and prior in lien to, on a parity of lien with, or subordinate in lien to the lien on the Revenues for the repayment of the loan as provided in the Loan Agreement, as shall be determined by the City Council; provided, however, that any covenants or agreements made by the City for the benefit of the holders of such Obligations shall, at the time of the incurring of such Obligations, also be made in a similar manner for the benefit of the obligation to repay the loan as represented by the Loan Agreement. The City intends that the obligation to repay the loan as evidenced in the Loan Agreement shall bear interest as provided therein on a basis which is not tax- exempt under the provision of the Internal Revenue Code of 1986, and the officers of the City charged with the execution of the Loan Agreement shall act in accordance with this stated intent. 195 of 382 74-O-14 ~6~ SECTION 9: That if any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. SECTION 10: All ordinances or resolutions, or parts thereof, in conflict herewith, are hereby repealed. SECTION 11: As long as the City has outstanding revenue bonds payable from revenues of the System that are senior to the revenue bond authorized by this Ordinance, the City shall maintain an account, coverage and reserves equivalent to the accounts, coverage and reserves required by the outstanding ordinances. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: ________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 196 of 382 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 YE Estimate Projected Projected Projected Projected Projected Projected Projected Projected Projected Revenues Sewer Service Charges 1 $12,608,000 $12,608,000 $12,608,000 $12,608,000 $11,851,520 $10,903,398 $9,813,059 $9,813,059 $9,224,275 $8,670,819 Other Operating Revenues $318,865 $318,865 $318,865 $318,865 $318,865 $318,865 $318,865 $318,865 $318,865 $318,865 Bond Proceeds $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 IEPA Loan Proceeds 2 $1,641,290 $0 $1,672,000 $1,564,000 $0 $0 $0 $0 $0 $0 Investment Earnings $8,854 $6,568 $5,037 $19,601 $24,558 $28,891 $29,805 $25,503 $25,190 $28,822 Total Revenues $14,577,009 $12,933,433 $14,603,902 $14,510,466 $12,194,943 $11,251,154 $10,161,729 $10,157,427 $9,568,330 $9,018,506 Expenses Sewer OM&R $3,138,738 $2,848,690 $3,494,374 $3,077,869 $3,054,381 $3,320,823 $3,217,755 $4,292,274 $3,737,882 $3,645,199 Capital Improvements - Annual Programs 3 $1,035,000 $1,075,000 $1,115,000 $1,155,000 $1,195,000 $1,235,000 $1,275,000 $1,315,000 $1,355,000 $1,405,000 Large Diameter Sewer Rehabilitation Projects 2 $1,641,290 $0 $1,672,000 $1,564,000 $0 $0 $0 $0 $0 $0 Debt Service (Existing)$9,793,358 $9,326,739 $8,612,511 $7,808,440 $6,926,604 $5,814,982 $5,333,543 $4,713,167 $3,342,154 $3,342,334 Debt Service 2 $171,082 $308,858 $308,858 $416,112 $516,438 $516,438 $516,438 $516,438 $516,438 $516,438 Total Expenses $15,779,468 $13,559,287 $15,202,743 $14,021,421 $11,692,423 $10,887,243 $10,342,736 $10,836,879 $8,951,474 $8,908,971 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 Beginning Unrestricted Fund Balance $4,142,691 $2,940,232 $2,314,378 $1,715,537 $2,204,582 $2,707,102 $3,071,013 $2,890,006 $2,210,554 $2,827,410 Total Revenues $14,577,009 $12,933,433 $14,603,902 $14,510,466 $12,194,943 $11,251,154 $10,161,729 $10,157,427 $9,568,330 $9,018,506 Total Expenses $15,779,468 $13,559,287 $15,202,743 $14,021,421 $11,692,423 $10,887,243 $10,342,736 $10,836,879 $8,951,474 $8,908,971 Net Surplus (Deficit)($1,202,459) ($625,854) ($598,841)$489,045 $502,520 $363,911 ($181,007) ($679,452)$616,856 $109,535 Ending Unrestricted Fund Balance $2,940,232 $2,314,378 $1,715,537 $2,204,582 $2,707,102 $3,071,013 $2,890,006 $2,210,554 $2,827,410 $2,936,945 Target Unrestricted Fund Balance $1,500,000 $2,000,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000 NOTES: 1. Debt service for the 15-year Long Range Sewer Program, completed in 2009, makes up the majority of existing revenue requirements. As each existing bond or loan is repaid over the next 20 years, the sewer service charges will be incrementally reduced, thus decreasing the operating revenue stream over time. However, rates will still be maintained at a level that will fully support operations, annual capital improvement programs, and remaining debt service. 2. Loan proceeds and corresponding capital costs for Project L17-4775 (currently under construction) and Project L17-5240 (in loan application process) are shown in FY 2014. Debt service for both projects is projected to start in FY 2015. Additional large diameter sewer rehab projects for which the City intends to apply for IEPA loan funding are shown in FY 2016 - FY 2017, FY 2024, and FY 2026, with debt repayment beginning in the fiscal year following each project year. 3. Annual programs include CIPP lining of small diameter sewers, relief sewer extensions, improvements to combined sewer structures in conjunction with street projects, and emergency sewer repairs. All annual programs are funded with cash from sewer service charge revenues. CITY OF EVANSTON LARGE DIAMETER SEWER REHABILITATION - CLEVELAND STREET WPCLP LOAN APPLICATION - L17-5240 SEWER FUND REVENUE AND REPAYMENT SCHEDULE 197 of 382 198 of 382 199 of 382 For City Council meeting of June 23, 2014 Items A9 & A10 Ordinance 69-O-14: Amending Fines for Using Mobile Phone While Driving Ordinance 86-O-14: Amending Fines for Riding Bicycles on Sidewalks For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Richard Eddington, Police Chief Subject: Ordinance 69-O-14, Increase Fines for Using Mobile Telephones While Operating a Motor Vehicle Ordinance 86-O-14, Increase Fines for Riding Bicycles on Sidewalks in Certain Business Districts Date: June 13, 2014 Recommended Action: Staff recommends City Council adoption of the following ordinances. (A9) Ordinance 69-O-14 amending Evanston City Code Subsection 10-3-13(D), which increases the fines for using a mobile telephone while operating a motor vehicle (A10) Ordinance 86-O-14 amending Evanston City Code Subsection 10-9-10(E), which increases the fines for riding a bicycle on a sidewalk in certain business districts. Summary: Ordinance 69-O-14 amends Evanston City Code (“City Code”) 10-3-13(D) by increasing the fine imposed for using a mobile telephone while operating a motor vehicle. The City of Evanston currently imposes a fifty dollar ($50.00) fine for anyone using a mobile telephone while operating a motor vehicle, City Code §10-3-13(D). City staff recommends amending the fine from the current $50.00 fine to a $75.00 fine. Ordinance 86-O-14 amends City Code §10-9-10(E) by increasing the fine imposed on individuals who violate City Code §10-9-4. City Code §10-9-4 prohibits bicycle riding on sidewalks in the central business district designated as D1, D2 and D3, or in any other district where signs prohibiting sidewalk riding are posted. The City of Evanston currently imposes a $15.00 fine for anyone violating City Code §10-9-4. City staff recommends increasing the fine from the current $15.00 fine to a $25.00 fine. Memorandum 200 of 382 Attachments: Ordinance 69-O-14 Ordinance 86-O-14 201 of 382 5/15/2014 69-O-14 AN ORDINANCE Amending City Code Subsection 10-3-13(D) to Increase Fines for Using Mobile Telephones While Operating a Motor Vehicle NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 10-3-13(D) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (D) Penalty: Any person who violates Subsection (B) of this Section shall be subject to a fine of fifty dollars ($50.00)seventy-five dollars ($75.00), provided however, that if a violation occurs at the time of a traffic accident, the driver shall be subject to an additional fine not to exceed two hundred dollars ($200.00). SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is 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. 202 of 382 69-O-14 ~2~ Introduced: _______________, 2014 Adopted: _________________, 2014 Approved: ___________________________, 2014 ________________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Approved as to form: ________________________________ W. Grant Farrar, Corporation Counsel 203 of 382 6/13/2014 86-O-14 AN ORDINANCE Amending City Code Subsection 10-9-10(E) to Increase Fines for Riding Bicycles on Sidewalks in Certain Business Districts NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Subsection 10-9-10(E) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (E) For violation of subsection 10-9-4(C) of this chapter, in which the issuing officer determines that a court appearance is not required, the fine is fifteen dollars ($15.00)twenty-five dollars ($25.00), with an additional ten dollars ($10.00) if paid after the expiration of ten (10) days from the day the ticket was issued. If the officer determines that a court appearance is in order, e.g., because of the particular circumstances and/or because of the offender's history or bicycle related violations, the minimum fine shall be thirty five dollars ($35.00) and the maximum shall be five hundred dollars ($500.00). SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect 204 of 382 86-O-14 ~2~ 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 205 of 382 For City Council meeting of June 23, 2014 Item A11 Ordinance 76-O-14 – Increase in Class D Liquor License – DMK Burger For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Theresa Whittington, Administrative Adjudication & Liquor Licensing Manager Subject: Ordinance 76-O-14, Increasing the Number of Class D Liquor Licenses for DMK Burger Bar & Fish Bar, 815 Noyes Street Date: June 17, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 76-O-14. Funding Source: n/a Summary: Ordinance 76-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from fifty (50) to fifty-one (51) and permit issuance of a Class D license to DMK Burger Bar & Fish Bar (“Company”), 815 Noyes Street. This license will permit Company to sell alcoholic liquor for consumption on the premises while food is available. Business Representative Jackie Cahon submitted application materials. Legislative History: At the May 15, 2014 Liquor Control Review Board meeting, DMK requested consideration of application for a Class D liquor license (Liquor/Restaurant) and the Board recommended the issuance of the License. Following discussion at the June 9th APW meeting, the license was revised to limit retail sales at the licensed premises to beer and wine only. Section 2 of the ordinance contains this revision. This ordinance was held in committee on June 9th pending this revision and discussion between the applicant and Ald. Fiske and Holmes. Attachments: Ordinance 76-O-14 Application Minutes of the May 15, 2014 Liquor Control Review Board meeting Memorandum 206 of 382 6/17/2014 5/28/2014 76-O-14 AN ORDINANCE Amending City Code Section 3-5-6-(D) to Increase the Number of Class D Liquor Licenses from Fifty to Fifty-One (DMK Burger Bar & Fish Bar, 815 Noyes Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from fifty (50) to fifty-one (51) to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-5-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding class D licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be $2,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be $2,940.00. No more than fifty (50) fifty-one (51) such licenses shall be in force at any one (1) time. SECTION 2: Pursuant to the findings and the discussion set forth in the legislative Record concerning this Ordinance, the licensee shall be authorized to offer for 207 of 382 76-O-14 ~2~ retail sale at the licensed premises beer and wine only. The restriction on the type of alcoholic beverages offered for retail sale at the premises licensed by this Ordinance shall not apply to any other holder of a Class D liquor license. Upon good cause shown, the licensee may petition the Local Liquor Control Commissioner to amend the terms of this Section 2 to permit the retail sale of spirits/alcoholic liquor at the licensed premises. Any such petition may only be filed with the Local Liquor Control Commissioner (6) six months after the effective date of this Ordinance. Nothing in this Ordinance shall be construed or held to create a vested right in the retail sale of spirits/alcoholic liquor at the licensed premises. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: 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 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. 208 of 382 76-O-14 ~3~ Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 209 of 382 210 of 382 211 of 382 212 of 382 213 of 382 214 of 382 215 of 382 216 of 382 217 of 382 218 of 382 219 of 382 220 of 382 221 of 382 222 of 382 223 of 382 224 of 382 225 of 382 226 of 382 Page 1 of 3 MEETING MINUTES Liquor Control Board Thursday, May 15, 2014 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Dick Peach, Byron Wilson Members Absent: Dave Skrodzki Staff Present: W. Grant Farrar, Theresa Whittington; Ylda Capriccioso Others Present: Michael Kornick (DMK); John Szostek (Piccolo); Alderman Ann Rainey, Ward 8); Minhaz Lakhani (Shell Gas Station) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:00 a.m. All attendees introduced themselves and specified his/her role related to the meeting. NEW BUSINESS 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). Michael Kornick (MK) described DMK as a high quality burger bar serving canned craft beer. His experience with his Chicago locations indicated that most customers are interested in beer rather than wine or harder liquor. MK further stated that DMK has held liquor licenses in Chicago since 1993. The Evanston restaurant is small with only 26 seats making it easier to manage alcohol service. Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Class D Liquor License to be introduced at the City Council meeting on June 9, 2014. Piccolo Theatre, Inc., d/b/a Piccolo Theatre, 600 Main Street, Evanston, IL 60201: Piccolo Theatre requested consideration of application for issuance of a Class U Liquor License (Beer-Wine/Performance Theatre). John Szostek (JS) explained his intent to enhance the theater experience by offering alcoholic beverages. Byron Wilson asked how Piccolo intends to make a profit from alcohol sales. JS explained that alcohol is a “break even” proposition and the intent is to enhance the theater experience and hopefully boost performance attendance. JS described his theater capacity as 50-60 seats. 227 of 382 Page 2 of 3 Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. None were voiced. The Board recommended issuing a Class U Liquor License to be introduced at the City Council meeting on June 9, 2014. Shell Gas Station, 2494 Oakton Street, Evanston, IL 60202: Consideration of a draft ordinance to create a liquor license class for Shell gas station at 2494 Oakton Street. Alderman Ann Rainey spoke on behalf of the request. Alderman Rainey noted to the Board that there are no residential homes near the Shell station. She also noted some outstanding characteristics of the station that she feels make it an ideal candidate for a liquor license. These include; 1) the convenience store area is quite large at 3500 square feet and carries a wide variety of products; 2) there have not been any issues at the store; and 3) the owners are very responsible people. Grant Farrar indicated that the license class can be written for the specific establishment with a minimum store area of 3000 sq. ft. Alderman Rainey proposed a retail alcohol sale area of no more than 400 sq. ft. Dick Peach voiced concern over underage drinkers at a 24 hour location and asked if the hours of sale will be limited. Grant Farrar responded that sale hours will be limited between 8am and Midnight. The Local Liquor Control Commissioner asked the members if there were any further concerns over the request. None were voiced. The Board recommended creating a new Liquor License class to the Oakton Shell station. The ordinance will be introduced at the City Council meeting on June 9, 2014. FOR DISCUSSION Review and discussion of existing one-day liquor licensing requirements and fees for non-profit organizations: Ylda Capriccioso of the City Manager’s Office (CMO) discussed her memo regarding one-day liquor license fees for non-profits. She explained that the issue was brought to the CMO by the Women’s’ Club of Evanston. The Women’s Club felt the fee is too high, especially for events spanning over several days. Board members Byron Wilson and Marion Macbeth both asked if we’ve looked at this issue before. Grant Farrar answered that a similar issue was brought to the Board by Light Opera Works, but the theatre group did not follow through with any further request. Dick Peach offered that it sounds like the non-profit license fee issue is now broadened to all non-profits. Mayor Tisdahl asked that The Women’s Club of Evanston submit a request for lower fees and be placed on a future LCRB agenda. Ylda Capriccioso will follow-up with The Women’s Board of Evanston. All discussion is held until The Women’s Board submits a request to the LCRB. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:27 a.m., May 15, 2014. 228 of 382 Page 3 of 3 Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 229 of 382 For City Council meeting of June 23, 2014 Item A12 Ordinance 39-O-14, Creating a New Class O Liquor License 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 39-O-14, “Amending City Code Sections 3-4-1 and 3-4-6 By Creating the New Class O Liquor License Allowing the Sale of Beer at Automobile Service Stations Which Have More Than 3000 Feet of Interior Floor Space” Date: June 9, 2014 Recommended Action: Local Liquor Commissioner and staff recommend adoption of Ordinance 39-O-14, “Amending City Code Sections 3-4-1 and 3-4-6 By Creating the New Class O Liquor License Allowing the Sale of Beer at Automobile Service Stations Which Have More Than 3000 Feet of Interior Floor Space.” This ordinance was introduced at the June 9, 2014 City Council meeting. Summary: On May 15, 2014, the Liquor Control Review Board convened a hearing to consider creation of a new class of liquor license, permitting licensees to sell beer at automobile service stations which have more than 3,000 feet of interior floor space. The retail alcohol sale area for beer at automobile service stations shall be no larger than 400 square feet. Additionally, the sale of beer shall only occur between the hours of 8:00 a.m. to midnight on any given day. Consideration arose from a request by Alderman Ann Rainey, who presented the proposal and presented testimony and facts that supported creation of the new class of liquor license. Attachments: Ordinance 39-O-14 See Agenda Item A 11 for Minutes of the May 15, 2014 meeting of the Liquor Control Review Board Memorandum 230 of 382 5/22/2014 4/22/2014 4/15/2014 39-O-14 AN ORDINANCE Amending City Code Sections 3-4-1 and 3-4-6 By Creating the New Class O Liquor License Allowing the Sale of Beer at Automobile Service Stations Which Have More Than 3000 Feet of Interior Floor Space NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: That Section 3-4-1 of the Evanston City Code of 2012, as amended, which defines terms as used in Chapter 4: Liquor Control Regulations, is hereby further amended to include the following: AUTOMOBILE SERVICE STATION (GAS STATION). A building, property, or structure the principal use of which dispenses or offers for retail sale of automotive fuels or oils and incidental convenience goods; having pumps and storage tanks thereon, and where battery, tire and other similar services, are rendered, but only if rendered wholly within lot lines. “Automobile service stations” shall not include an automotive body repair establishment or a car wash. SECTION 2: That Subsection 3-4-6 of the Evanston City Code of 2012, as amended, is hereby further amended by the enactment of a new Subsection (O) thereof, “Class O Liquor License”, to read as follows: (O) CLASS O licenses, which shall authorize the retail sale of beer in automobile service stations as defined in Section 3-4-1 of this Chapter, and in original packages to persons of at least twenty-one (21) years of age for consumption off the premises. The applicant for such license shall pay an initial fee of $2,000.00 and thereafter an annual fee of $2,000.00. 231 of 382 39-O-14 ~2~ 1. It shall be unlawful for a Class O licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. It shall be unlawful for a licensee to bundle, tape, package, or otherwise manipulate single containers of beer for sale as a set. Any such manipulation of packaging shall be a violation of this subsection. 2. The retail sale of beer pursuant to the Class O license may begin after 8:00 a.m., Monday through Sunday. Beer shall not be sold after the hour of 12:00 midnight on any day. The retail sale of beer area on the premises shall occupy no more than four hundred (400’) square feet of floor space. 3. No sale of beer shall be allowed to any patron who is occupying a motor vehicle at the time of sale. Retail sale of beer pursuant to this license class shall only be allowed in a licensed premise which has more than three thousand (3000’) square feet of interior floor space. 4. No sale of beer shall be allowed from a drive-in window or other similar opening in the licensed premises to any patron. All employees who sell beer to patrons shall have BASSET training. The total number of Class O licenses in effect at any one (1) time shall not exceed zero (0). SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: 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. 232 of 382 39-O-14 ~3~ SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 233 of 382 For City Council meeting of June 23, 2014 Item A13 Ordinance 77-O-1, Increase in Class U Liquor License – Piccolo Theatre 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 77-O-14, Increasing the Number of Class U Liquor Licenses for Piccolo Theatre, Inc., 600 Main Street Date: May 28, 2014 Recommended Action: Local Liquor Commissioner and staff recommend City Council adoption of Ordinance 77-O-14 increasing the number of Class U liquor licenses for from zero to one to Piccolo Theatre, Inc., 600 Main Street. This ordinance was introduced at the June 9, 2014 City Council meeting. Summary: Ordinance 77-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class U liquor licenses from zero (0) to one (1) and permit issuance of a Class U license to Piccolo Theatre, Inc. (“Company”), 600 Main Street. This license will permit Company to sell beer and wine for consumption on the premises where served, limited to patrons of a theater presenting live stage performances during a period limited to one (1) hour prior to the start of the performance and during intermission(s); provided, that sales and consumption are restricted to lobby areas. Business Representative John Szostek submitted application materials. Legislative History: At the May 15, 2014 Liquor Control Review Board meeting, Company requested consideration of application for a Class U liquor license (Beer/Wine – Performance Space) and the Board recommended the issuance of the License. Attachments: Ordinance 77-O-14 Application See Agenda item A11 for Minutes of the May 15, 2014 Liquor Control Review Board meeting Memorandum 234 of 382 5/28/2014 77-O-14 AN ORDINANCE Amending City Code Section 3-5-6-(D) to Increase the Number of Class U Liquor Licenses from Zero to One (Piccolo Theatre, Inc., 600 Main Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class U liquor licenses from zero (0) to one (1) to read as follows: (U) CLASS U licenses, which shall authorize the sale of beer and wine for consumption on the premises where served, limited to patrons of a theater presenting live stage performances during a period limited to one (1) hour prior to the start of the performance and during intermission(s); provided, that sales and consumption are restricted to lobby areas. The annual single payment fee for initial issuance or renewal of such license shall be $500.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $525.00. No more than zero (0) one (1) such license shall be in force at any one (1) time. The sale of beer and wine is prohibited in theaters located in public buildings. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity 235 of 382 76-O-14 ~2~ 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 236 of 382 237 of 382 238 of 382 239 of 382 240 of 382 241 of 382 242 of 382 243 of 382 244 of 382 245 of 382 246 of 382 247 of 382 248 of 382 249 of 382 250 of 382 251 of 382 252 of 382 253 of 382 254 of 382 255 of 382 256 of 382 257 of 382 258 of 382 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of June 23, 2014 Item A14 Ordinance 73-O-14: 3-Way Stop at Wesley Avenue and Seward Street For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., City Engineer, Public Works Rajeev Dahal, Senior Project Manager - Traffic Subject: Ordinance 73-O-14 Amending the City Code to Establish a 3-Way Stop Control at the Intersection of Wesley Avenue and Seward Street Date: June 12, 2014 Recommended Action: Staff recommends adoption of Ordinance 73-O-14 by which the City Council would amend Section 10-11-5(C), Schedule V(C) of the City Code to establish a 3-Way Stop Control at the intersection of Wesley Avenue and Steward Street. This ordinance was introduced at the June 9, 2014 City Council meeting. Funding Source: Funding will be through the General Fund-Traffic Control Supplies (2670.65115), with a budget of $40,000 for FY 2014. Summary: The 9th Ward Alderman has requested a 3-Way Stop Control at the intersection of Wesley Avenue and Steward Street to improve the operational and the safety concerns expressed by neighborhood residents. This intersection does not meet the Manual of Uniform Traffic Control Devices (MUTCD) warrants for a 3-Way Stop Control intersection. Currently the Seward Street automobile traffic is controlled by the stop sign at the intersection, and the Wesley Avenue traffic has the free flow. This intersection is surrounded by Chute Middle school to the south, Leider Park to the east and Southwest Park to the west and receives a large number of pedestrian traffic including young children throughout the year. All-Way controlled intersections are good tools for adding to the safety of the intersections with a large volume of pedestrian traffic, particularly those that are near parks and schools. Attachment: Ordinance 73-O-14 Memorandum 259 of 382 5/20/2014 73-O-14 AN ORDINANCE Amending Evanston City Code Section 10-11-5(C), Schedule V(C): “Three-Way Stops” and Section 10-11-5(A), Schedule V(A): “One-Way Stops” to Place a Three-Way Stop at Wesley Avenue and Seward Street NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-11-5(C), Schedule V(C), “Three-Way Stops” of the Evanston City Code, 2012, as amended, is hereby further amended by adding the following: N. & S. and E. traffic at Wesley Avenue and Seward Street SECTION 2: That Section 10-11-5(A), Schedule V(A), “One-Way Stops” of the Evanston City Code, 2012, as amended, is hereby further amended by deleting the following: Eastbound traffic on Seward Street at Wesley Avenue (Ord. No. 128-0-86) SECTION 3: That the findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this Ordinance 73-O-14 shall be in full force and 260 of 382 73-O-14 ~2~ effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: That if any provision of this Ordinance 73-O-14 or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 73-O-14 that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance 73-O-14 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 261 of 382 For City Council meeting of June 23, 2014 Item P1 Ordinance 75-O-14, Major Zoning Relief for a Lot Subdivision at 802 Florence Avenue For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Lorrie Pearson, Planning and Zoning Administrator Melissa Klotz, Zoning Planner Subject: Ordinance 75-O-14, Granting Major Zoning Relief for Lot Sizes, Rear Yard Setbacks, Side Yard Setbacks, and Parking for a Lot Subdivision at 802 Florence Avenue Date: May 28, 2014 Recommended Action City staff recommends approval of Ordinance 75-O-14 granting major zoning relief necessary in order to subdivide a lot with three legal-nonconforming dwelling units into two lots of record. The Zoning Board of Appeals (ZBA) recommended a denial of the zoning relief because the proposal is intended to extract additional income from the property, does not provide a public benefit, and is not the minimum change necessary. Summary 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. 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. 3. Lot 2: The applicant proposes a 19.3’ rear yard setback for the existing single family residence where 30’ is required. 4. Lot 2: The applicant proposes a 15’ rear yard setback for the existing two-family residence where 30’ is required. 5. Lot 1: The applicant proposes a 3.5’ north interior side yard setback for the existing two-car detached garage where 5’ is required. 6. Lot 2: The applicant proposes zero parking spaces where three on-site parking spaces are required for two-family dwelling units. Memorandum 262 of 382 The ZBA found the proposed zoning relief did not meet the Standards for Variation in its findings for a positive recommendation of the requested zoning relief. The Zoning Board of Appeals recommends denial of the zoning relief because the proposal is intended to extract additional income from the property, does not provide a public benefit, and is not the minimum change necessary. This property features a single family residence and a two-family residence that were constructed approximately 120 years ago, prior to any zoning regulations limiting the number of dwelling units or principal structures on one lot of record. The applicant has owned and resided at the property for 22 years, and plans to continue living in the single family home. The applicant would like to subdivide the property into two lots of record so that the two-family residence can be sold. The applicant anticipates difficulty maintaining all of the dwellings if she is not able to sell the two-flat. When a property is subdivided, the subdivision cannot create new noncompliant issues with the Zoning Ordinance. The new property line, which is proposed to run east-west between the two principal structures, creates noncompliant zoning due to lot size per dwelling unit, rear yard setbacks, one interior side yard setback, and the number of parking spaces. The property cannot be subdivided unless all of the proposed variances are granted. The variances will not impact the appearance of the property in any way, since all of the structures currently exist. Lot 1, 802 Florence Avenue (southernmost): Required Proposed Lot size 4,000 sf 5,000 sf Rear yard setback 30’ 19.3’ Interior side yard setback 5’ 3.5’ Lot 2, 1600 Washington Street (northernmost): Required Proposed Lot size 7,000 sf 4,900 sf Rear yard setback 30’ 15’ Parking spaces 3 0 Subdivision: The applicant visited the Zoning Board of Appeals for zoning relief to rebuild and slightly increase the size of the porch at the single family residence in 2013. At that time, the Zoning Board discussed the uniqueness of the property and the difficulty of having the 263 of 382 legally-nonconforming three dwelling units on one lot. The applicant has resided at the property for 22 years and would like to continue to live in the single family home, but anticipates the property will be too much to maintain over time. The applicant hopes to subdivide the property so that the two-family residence can be sold. If the two-family residence cannot be sold, the physical appearance of the two-flat will likely deteriorate over time and become a nuisance to the surrounding neighborhood. The subdivision of the property and therefore the requested variances can be viewed as a public benefit since it will increase the likelihood of maintenance and upkeep to all of the aforementioned structures. The requested variances and ensuing subdivision will bring the property into compliance for the number of dwelling units allowed on each property in the R3 Two-Family Residential District (though not the lot size per dwelling unit). The proposed property line that creates the variances is typical of other properties throughout the city that were subdivided into smaller lots at corner properties many years ago that are now considered legally-nonconforming. The applicant has agreed that all other requirements for properties and subdivisions, such as separate sewer and water services, will be done as a part of the subdivision process. City staff is not aware of any objections from neighboring property owners. Neighborhood Benefit The proposed zoning relief will not diminish the value of the surrounding neighborhood, and will instead allow for the sale of the two-family dwelling unit, which will increase the opportunity for maintenance and upkeep of the property and therefore increase the housing stock in the neighborhood. The proposed zoning relief will also allow an investment property to become an owner-occupied 2-flat or starter home. The zoning relief does not create any physical changes to the location of structures on the lot(s) and is compatible with the neighborhood. Comprehensive Plan Some objectives and policies/actions of the Evanston Comprehensive Plan that apply to the proposal include: • Maintain the appealing character of Evanston’s neighborhoods while guiding their change. • Recognize the effect of housing on the quality of neighborhoods. The proposed zoning relief will allow an Evanston resident to remain in her long-time home without the physical and economic demands of maintaining a legally- nonconforming property with three dwelling units. The zoning relief does not create any physical changes to the location of structures on the lot(s) and is compatible with similar substandard corner lots throughout the city. Legislative History 264 of 382 May 20, 2014: The Zoning Board of Appeals denied a motion for approval 2-3, thus making a recommendation for denial of the proposed zoning relief. Attachments Ordinance 75-O-14 May 20, 2014 Draft ZBA Meeting Minutes ZBA Findings Staff memo to the ZBA ZBA Application Packet 265 of 382 5/27/2014 75-O-14 AN ORDINANCE Granting Major Variations Related to 802 Florence Avenue in the R3 Two-Family Residential Zoning District WHEREAS, Karen Pratt (the “Applicant”), owner of the property commonly known as 802 Florence Avenue (the “Subject Property”), located within the R3 Two- Family Residential zoning district and legally described in Exhibit A, attached hereto and incorporated herein by reference, submitted an application seeking approval of Major Variations to zoning requirements imposed by Subsections 6-8-4-4, 6-8-4-7-A-4, 6-8-4- 7-C-3, and 6-16-3-5 of Title 6 of the Evanston City Code of 1979, as amended (the “Zoning Ordinance”); and WHEREAS, the Applicant requests the following Major Variations with proposed Lot 1 as 802 Florence Avenue, Evanston, Illinois and proposed Lot 2 as 1600 Washington Street, Evanston, Illinois: (A) With respect to Lot 1, the Applicant proposes a lot size of 4,000 square feet where the minimum lot size for a single family residence is 5,000 square feet; (B) With respect to 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; (C) With respect to Lot 1, the Applicant proposes a 19.3’ rear yard setback for the existing single family residence where 30’ is required; (D) With respect to Lot 2, the Applicant proposes a 15’ rear yard setback for the existing two-family residence where 30’ is required; 266 of 382 75-O-14 ~2~ (E) With respect to Lot 1, the Applicant proposes a 3.5’ north interior side yard setback for the existing two-car detached garage where 5’ is required; and (F) With respect to Lot 2, the Applicant proposes zero parking spaces where three on-site parking spaces are required for two-family dwelling units; and WHEREAS, on May 6, 2014 and May 20, 2014, the Zoning Board of Appeals (“ZBA”), pursuant to proper notice, held a public hearing in case no. 14ZMJV- 0040 to consider the application, received testimony, and made written records and findings that the application did not meet the standards for Major Variations set forth in Subsection 6-3-8-12-(E) of the Zoning Ordinance and did not recommend to City Council the approval thereof; and WHEREAS, at its meeting of June 9, 2014, the Planning and Development (“P&D”) Committee of the City Council considered and reversed the ZBA’s recommendation, and recommended City Council approve the Major Variations, as originally requested; and WHEREAS, at its meetings of June 9, 2014 and June 23, 2014, the City Council considered and adopted the recommendation of the P&D Committee, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: The City Council hereby adopts the P&D Committee’s records, findings, and recommendations, and hereby approves, pursuant to Subsection 267 of 382 75-O-14 ~3~ 6-3-8-10-(D) of the Zoning Ordinance, the Major Variations on the Subject Property applied for in case no. 14ZMJV-0040 and described hereinabove. SECTION 3: The Major Variations approved hereby are as follows: (A) With respect to Lot 1, to permit a lot size of 4,000 square feet. Subsection 6-8-4- 4 requires the minimum lot size for single family residences to be 5,000 square feet. (B) With respect to Lot 2, to permit a lot size of 4,900 square feet. Subsection 6-8-4- 4 requires the minimum lot size for two-family residences to be 7,000 square feet. (C) With respect to Lot 1, to permit a 19.3’ rear yard setback for the existing single family residence. Subsection 6-8-4-7-A-4 requires a 30’ rear yard setback. (D) With respect to Lot 2, to permit a 15’ rear yard setback for the existing two-family residence. Subsection 6-8-4-7-A-4 requires a 30’ rear yard setback. (E) With respect to Lot 1, to permit a 3.5’ north interior side yard setback for the existing two-car detached garage. Subsection 6-8-4-7-C-3 requires a 5’ north interior side yard setback. (F) With respect to Lot 2, to permit zero parking spaces. Subsection 6-16-3-5 requires three on-site parking spaces for two-family dwelling units. SECTION 4: Pursuant to Subsection 6-3-8-14 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Major Variations granted hereby, violation of any of which shall constitute grounds for penalties or revocation thereof pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: (A) Compliance with Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with all applicable legislation, with the testimony and representations of the Applicant to the ZBA, the P&D Committee, and the City Council, and the approved plans and documents on file in this case. (B) Recordation: The Applicant shall, at its cost, record a certified copy of this ordinance, including all Exhibits attached hereto, with the Cook County Recorder of Deeds, and provide proof of such recordation to the City, before the City may issue any construction permits pursuant to the Major Variation authorized hereby. 268 of 382 75-O-14 ~4~ SECTION 5: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 6: Except as otherwise provided for in this ordinance, all applicable regulations of the Zoning Ordinance and the entire City Code shall apply to the Subject Property and remain in full force and effect with respect to the use and development of the same. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 8: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 9: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 10: The findings and recitals herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 269 of 382 75-O-14 ~5~ Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 270 of 382 75-O-14 ~6~ EXHIBIT A Legal Description Lot 1 in Block 10 in Pitner and Son’s Second Addition to South Evanston a Subdivision of the North ½ of the North ½ of the Southeast ¼ and the South ½ of the South ½ of the Southwest ¼ of the Northeast ¼ of Section 24, Township 41 North, Range 13, East of the third principal meridian, in Cook County, Illinois. PIN: 10-24-405-012-0000 Commonly Known As: 802 Florence Avenue & 1600 Washington Street, Evanston, Illinois 271 of 382 DRAFT NOT APPROVED Page 1 of 7 Zoning Board of Appeals MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, May 20, 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 7:08pm. Approval of Minutes The minutes from the May 6, 2014 Zoning Board of Appeals meeting were motioned for approval by Ms. Cullen and seconded by Ms. McLennan with two corrections. The motion was approved 4-0. Old Business 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. Mr. Joyce summarized the case and noted he obtained written approval of the requested variances from 11 surrounding property owners. Latasha Kennedy stated the space is too small to add a garage, and the proposed driveway is too close to the intersection. There is no need for the driveway off of the street since the property has alley access. Gordon Kennedy said there are already too many vehicles in the area, and it will be hazardous to add a driveway when people already park too close to driveways on the street. Jeff Masters stated he supports the project. There are 3 driveways off of the street on that immediate block. Mr. Masters submitted 4 images of the area. He noted there is a parking issue on the street, but since the proposal will remove one street space and add one off-street parking space it is a wash. He believes the proposal will improve the neighborhood. Alderman Holmes noted the property is well cared for, but the lot is just too small for the proposed garage. She also noted it is interesting that the applicant spoke with many of the surrounding property owners, but not the property owner next door that is most affected by the request. 272 of 382 DRAFT NOT APPROVED Page 2 of 7 Zoning Board of Appeals Chair Rodgers asked if the Kennedy’s property is directly south of the applicant’s property, and if it contains a large parking lot next to the proposed garage area. The Kennedy’s responded yes. Latasha Kennedy said street parking is very busy during the evening. She does want the property beautified, its just that the property is too small to add more building to, and the garage and driveway are too close to the property line adjoining her property. She also noted the driveway will remove 2-3 on-street parking spaces, not one. Nathan Haliburton asked why the City has 27’ setbacks for front yards, and Chair Rodgers explained that it is to preserve greenspace. For variance requests, each property is looked at on an individual basis, so the approval for one property to exceed into the front yard setback does not mean all properties in Evanston will be allowed to do so. There must be a unique hardship and all Standards must be met. Ms. Wineberg arrived at the meeting at 7:35pm. Mr. Joyce said he has known the Kennedy’s for many years and they are friends. He also noted he has never had to park more than 4 spaces away from his property when parking on the street. Ms. McLennan asked if there is enough room to add a garage onto the rear of the house instead, and Mr. Joyce replied no, there is only about 13’ of rear yard. The ZBA entered into deliberations: Ms. Cullen noted she is concerned about traffic from the alley and the close proximity of the proposed driveway. Ms. McLennan noted the lot is very small. It is usually not a good idea to have so much building on such a small lot, but a garage may alleviate some of the overcrowded street parking. Mr. Gallimore stated he is in favor of the variances. A one-car garage is a minimal request and the structure does not impact the neighboring property. Chair Rodgers stated the lot is extremely small so there is no compliant option. If parking on the street is such an issue, this may help. Also, the proposal will improve the housing stock in the neighborhood. The Comprehensive Plan notes off-street parking should be created and used where ever possible. Ms. McLennan clarified the curb cut will remove at least one parking space on the street. Ms. Wineberg noted she would abstain from the vote since she entered the meeting late and missed much of the testimony. The Standards were then addressed: 1. Yes Ms. Cullen – no, it is too close to the neighboring driveway 2. Yes Ms. Cullen – no, the property is too small 3. Yes Ms. Cullen – no, the required 27’ setback is intended to keep open space Ms. McLennan – no, the proposal improves the marketability of the house, but not the housing stock. It may be more beneficial to have more yard instead of a garage 4. Yes 273 of 382 DRAFT NOT APPROVED Page 3 of 7 Zoning Board of Appeals Ms. Cullen & Ms. McLennan - no 5. Yes 6. Yes 7. Yes Ms. Cullen – no, deviation from the regulation is not necessary at all Chair Rodgers noted 4 concurrent votes are needed for a final determination, so the case will continue to the next ZBA hearing. Members who are currently absent will review the video and testimony and then cast their vote. Testimony is closed. Ms. McLennan motioned to approve the variances with the following conditions: 1. Pervious materials be used as presented by the applicant. 2. Water conservation measures, such as rain barrels, be used. 3. The project must be within substantial compliance of the documents and testimony on record. The motion was seconded by Mr. Gallimore. The vote concluded at 2-2, so the case was continued to the June 3, 2014 ZBA hearing to obtain 4 concurrent votes for a final determination. 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. Ms. Klotz read the case into the record. Karen Pratt explained the proposal: • Now retired; want to stay on property but can’t physically or financially with the property as is • No change to any structures proposed • Want to sell the 2-flat • Built 120-130 years ago as a single family home with a coach house • Was converted into a single family home and a two-flat at some point (by a prior owner) • No City record indicating when conversion occurred Chair Rodgers noted 6 variance requests is a lot Ms. Cullen noted this property seems like many properties in the area, except that the two homes are still on one property where most others were subdivided some time ago. 274 of 382 DRAFT NOT APPROVED Page 4 of 7 Zoning Board of Appeals Joyce Brockwell explained she lives in a condo that backs up to the property in question. Since there will be no change to the structures on the property, there will be no negative effect by approving the variances. Mr. Gallimore agreed. Ms. Wineberg noted the variances would change the zoning intent. Ms. McLennan asked if there is on-site parking currently available for the 2-flat, and Ms. Pratt responded no. Ms. Brockwell added that there is no problem parking on the street in this area. Ms. McLennan noted the property would go from its current legally-nonconforming state to two properties that are legally nonconforming. Ms. Pratt added that the 2-flat could be improved by someone who has the means if it can be sold, which would be nice for the neighborhood. Janice Wojcipchowski noted there is a lot of open space on lots surrounding this property so she has no problem with creating the two small lots instead of one large lot. The ZBA entered into deliberations: Ms. McLennan said there is currently too much on one lot. Changing the lot to two separate lots won’t make anything worse. There are 6 variances requested, but everything will appear the same to the eye. Chair Rodgers noted the lot sizes would be changing – two substandard lots would be created. Ms. McLennan felt keeping one large lot with a single family home and a 2-flat will not help that neighborhood. All of the problems on the lot will still be there if it is not subdivided – like the lack of parking. Ms. Wineberg noted she does not want to approve anything that would make a situation worse in the long run. Mr. Gallimore felt the ZBA should not deny the request now because we don’t want anyone to request other variances in the future. It is not compounding the situation by allowing the subdivision. Chair Rodgers disagreed, noting the issue would be compounded by creating two substandard lot sizes and legally-nonconforming setbacks that do not currently exist. Ms. McLennan noted the neighborhood features many substandard lot sizes, so that isn’t a big concern. Chair Rodgers felt if the subdivision occurs, someone will apply for a variance to add parking to the property with the 2-flat. The Standards were then addressed: 1. Yes No – Ms. Wineberg 2. Yes No – Chair Rodgers, Ms. Wineberg – because it is creating two substandard lots 3. Yes 275 of 382 DRAFT NOT APPROVED Page 5 of 7 Zoning Board of Appeals 4. Yes 5. Yes – Mr. Gallimore and Ms. Cullen felt the public benefit is that the separated properties could be starter homes instead of investment properties. No – Chair Rodgers, Ms. McLennan, Ms. Wineberg 6. Yes 7. Yes No – Chair Rodgers, Ms. Wineberg, Ms. McLennan – the least deviation from the zoning regulations would be to condo the 2-flat so that a subdivision in not necessary to sell the 2-flat. Mr. Gallimore motioned to recommend approval of the variances. The motion was seconded by Ms. Cullen but failed 2-3. New Business 910 Hinman Avenue ZBA 14ZMJV-0046 Mark Michonski, architect, applies for major zoning relief to construct a 4-story, 7-unit multifamily residential building with three enclosed parking spaces and eight open parking spaces. The applicant requests 62.2% building lot coverage where a maximum 45% is allowed (Zoning Code Section 6-8-7-6), 78% impervious surface coverage where a maximum 60% is allowed (Zoning Code Section 6-8-7-9-A), and open parking for four parking spaces that are not within 30’ of the rear property line where open parking must be within 30’ of the rear property line (Zoning Code Section 6-4-6-3-B-18). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Jonathan Split, architect, presented the case: • Project is compliant with all setbacks, height, and bulk • Access easement in the southwest corner • Impervious surface coverage is actually 2% less than what is shown (accidentally had 3’ wide portion following north property line shown as impervious when it should not be) • Bulk is less than neighboring properties • Density fits neighborhood • At-grade unit is ADA accessible; other at-grade unit is duplexed up • Units will be owner-occupied • 2 parking spaces are off-site Chair Rodgers asked if there is a future plan to put carports over the open parking spaces and Mr. Split responded no. Chair Rodgers asked if the off-site parking spaces comply with the Zoning Ordinance, and Ms. Klotz responded yes, because they are within 1000’ of the site and the properties have the same property owner. Robert Piron submitted 9 photographs of the property. He stated he is not opposed to the project – it will be good for the neighborhood. However, altering the use of the easement will impede access for his property immediately south and will make it difficult for him to rent out units. 910 Hinman has a higher grade so he is also concerned about whether water will drain towards the easement. Changing the use of the easement will create a safety issue. The easement is currently used by 7 adjacent businesses (3 that are restaurants). Garbage trucks and moving trucks won’t be able to back into the easement. The easement is not intended to be a driveway – it needs to remain open for all to use. 276 of 382 DRAFT NOT APPROVED Page 6 of 7 Zoning Board of Appeals Siegfried Piron stated the easement is on both properties but mostly on the property to the south. This proposal means the easement will mostly be used by 910 Hinman. He noted delivery trucks and repair trucks won’t be able to park on the easement any more. If the easement is used as a driveway for the 7 parking spaces at 910 Hinman, there will be constant conflict with the 28 apartments and 7 businesses. Robert Piron suggested the applicant eliminate the two northernmost parking spaces and place their driveway in that location instead. More parking can be put off-site, or the City could grant a parking variance. Terry McDonough stated these are good points that have been raised. The alley constantly has problems with parking, delivery trucks, and garbage trucks. The area is overpopulated. More parking spaces will make it worse. The drainage issue is also a big concern. DJ Bell asked if the two off-site parking spaces will be deeded to the condo owners, and Mr. Split responded yes. Mr. Bell also stated he is concerned about the drainage. He believes there is no hardship and there are other options available. The alley is already too busy. Almir Perocevic stated he is concerned for tenant safety. Everyone exists through the back of the buildings near the easement. The easement is needed for all of the restaurant deliveries and moving trucks for tenants. Siegfried Piron added the easement is needed for access to the adjacent buildings for maintenance. Mr. Split noted the driveway was specifically located by the easement so that the open space around the easement would be widened. The idea of having a driveway completely separate from the easement was looked at, but it didn’t work. Also, a civil engineer will address the slope of the property and all drainage issues as required by the City. There is no plan to ever block the easement. The entire rear yard will be paved no matter how many driveways and parking spaces there are. The property owner is willing to work with the adjacent business’s delivery schedules. Siegfried Piron noted there are no delivery schedules – deliveries are at random times. The ZBA entered into deliberations: Ms. Wineberg stated the ZBA needs to support the businesses in that area. This is an important issue that could become an ongoing problem. Perhaps this property could utilize a Transit Oriented Development since it is near the CTA and Metra station. Chair Rodgers noted the ZBA needs to consider the variances at hand. The easement use is an issue the City Council can discuss. Ms. McLennan noted the project is far beyond the maximum allowed building lot coverage and impervious surface coverage. The 2’ grade change is a concern. Chair Rodgers said most R5 properties are legal nonconforming for those issues, and that there will always be a problem developing this property. Ms. McLennan noted the parking could be put underground. Ms. Klotz noted the applicant has worked extensively with City staff and found it extremely difficult to achieve compliance given the narrow lot size. 277 of 382 DRAFT NOT APPROVED Page 7 of 7 Zoning Board of Appeals The Standards were addressed: 1. Yes No – Ms. McLennan, Ms. Wineberg 2. Yes 3. Yes 4. Yes 5. Yes 6. Yes 7. Yes Ms. McLennan motioned to recommend approval of the proposal with the following conditions: 1. City Council should consider reducing the number of required parking spaces. 2. Stormwater retention plans are required as part of the building permit process. 3. The project must be within substantial compliance with the documents and testimony on record. The motion was seconded by Ms. Cullen and voted on 3-2. Without four concurrent votes, the ZBA recommendation is determined to be a denial. The meeting adjourned at 9:55pm. 278 of 382     FF II NN DD II NN GG SS FOR STANDARDS OF VV AA RR II AA TT II OO NN SS In the case of after conducting public hearings on May 6, 2014 and May 20, 2014, the Zoning Board of Appeals makes the following findings of fact, based upon the standards for major variances specified in Section 6-3-8-12 of the City Code: Standard Finding (A) The requested variation will not have a substantial adverse impact on the use, enjoyment or property values of adjoining properties; ___X___Met _____Not Met 4-1 (B) The requested variation is in keeping with the intent of the zoning ordinance; ___X___Met _____Not Met 3-2 (C) The alleged hardship or practical difficulty is peculiar to the property; ___X___Met _____Not Met 5-0 (D) The property owner would suffer a particular hardship or practical difficulty as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out; ___X___Met _____Not Met 5-0 (E) The purpose of the variation is not based exclusively upon a desire to extract additional income from the property; or there is a public benefit; ______Met __X__Not Met 2-3 Case Number: 14ZMJV-0040 Address or Location: 802 Florence Avenue Applicant: Karen Pratt Proposed Zoning Relief: Lot sizes per dwelling units (2), rear yard setbacks (2), interior side yard setback, number of parking spaces – all for anticipated subdivision of property 279 of 382     (F) The alleged difficulty or hardship has not been created by any person having an interest in the property; __X___Met _____Not Met 5-0 (G) The requested variation is limited to the minimum change necessary to alleviate the particular hardship or practical difficulty which affects the property; ______Met __X__Not Met 2-3 and, based upon these findings, and upon a vote of __2__ in favor & __3__ against recommends to the City Council _____ approval __X__ denial __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chairman Attending: Vote: Aye No __X__ Violetta Cullen _X__ ____ _____ Mary Beth Berns ____ ____ __X__ Beth McLennan ____ _X__ __X__ Matt Rodgers ____ _X__ __X__ Andrew Gallimore _X__ ____ _____ Scott Gingold ____ ____ __X__ Clara Wineberg ____ _X__ 280 of 382 281 of 382 282 of 382 283 of 382 284 of 382 285 of 382 286 of 382 287 of 382 288 of 382 289 of 382 290 of 382 291 of 382 292 of 382 293 of 382 294 of 382 295 of 382 296 of 382 297 of 382 298 of 382 299 of 382 300 of 382 301 of 382 302 of 382 303 of 382 304 of 382 305 of 382 306 of 382 307 of 382 308 of 382 For City Council meeting of June 23, 2014 Item O1 Business of the City by Motion: Great Merchants Grant Program For Action To: Honorable Mayor and Members of the City Council From: Johanna Nyden, Economic Development Division Manager Meagan Jones, Economic Development Coordinator Subject: Recommended Changes and Applications for the 2013 Evanston Great Merchants Grant Program. Date: June 9, 2014 Recommended action: The Economic Development Committee and staff recommend approval from City Council for the following: 1) Revisions to the Great Merchants Grant Program; and 2) Funding through the Great Merchants Grant totaling $31,640.00 to the West End Business Association, Chicago-Dempster Merchants Association, Howard Street Business Association and the Noyes Street Business District for the projects outlined in this memorandum. Funding Source: The Economic Development Fund’s Business District Improvement Fund (Account: 5300.65522). The proposed 2014 Fiscal Year Budget allocated $147,000 to this account. To date, $1,041 has been spent from this account. Summary: Staff has received four applications for the 2014 Fiscal Year for the Evanston Great Merchants Grant Program from the following: • Evanston West End Business Association; • Chicago-Dempster Merchants Association; • Howard Street Business Association; and • Noyes Street Business District. These include a range of business district projects and programmatic activities to be completed during the 2014 fiscal year. This memo provides a brief overview of the proposed changes to the program as well as a summary of the requests that were submitted. Memorandum 309 of 382 Evanston’s Great Merchants Grant Program is designed to provide small grants, ranging up to $9,000 to Evanston’s small business/merchant associations. Over the past two years, staff has spoken with business districts and committee members regarding possible changes to the Great Merchants Grant Program. In February staff met with business district representatives to review the program with more detail and obtain suggestions for improvement. Those suggestions were taken into consideration in the proposed updates to the program outlined below: Begin the Application Period to Correspond with the Fiscal Year The existing program does not have a formal commencement time for the application period. Staff proposes to formally move the application period to align with the corresponding fiscal year. Applications would come to the Economic Development Committee in the first quarter of the fiscal year. This will allow for more time for business districts to complete approved projects within the year and provide clarity on what the reimbursements will be. Provide Funding to Merchant Groups Following City Council Approval Staff proposes allowing a business district considered to be in good standing to be eligible to receive funding immediately following City Council approval and program agreement execution if (assumes all conditions must be met): • The business district has participated in the merchant grant program for more than two consecutive years; • All funding was expended in the previous year; and • Proof of expenditures/reimbursement was received prior to the close of the fiscal year (December 31). A business district will remain on the reimbursement cycle if any one of these conditions is found to be present: • The business district is in its first or second year of participating in the merchant grant program; • The business district did not submit reimbursements or proof of expenditure to the City by the close of the fiscal year (December 31). • The business district did not expend all funds provided by the City in the previous fiscal year. Set Aside a Portion of Funds Specifically for Business District Staples There are a number of projects that business districts consistently request Merchants Grant funding for, including planters/plantings, advertising, lighting and lamppost décor for holiday decorating and website maintenance. Staff is recommending that up to $7,000 of the $9,000 each group is eligible for be used towards these projects. Business districts requesting funding for the similar items will be encouraged to work together to secure 3 bids as opposed to each group securing their own separate bids for each item. The business districts will not be required to spend all $7,000 on these Business District Staples if the district finds it is not needed. Allow for Reimbursements to Go Directly to Registered Vendors The existing Merchants Grant Program requires payment to business districts as reimbursement for payments they have made to vendors to complete approved projects. Staff is recommending that payment be allowed to go directly to vendors after 310 of 382 an invoice for completed services is submitted, provided the vendor is registered with the City of Evanston and has previously done projects with the City. This will expedite payment to the vendor and enable business districts to better coordinate the use of their funds. Business District Requests There were four applications for funds that total $35,140. This amount does not represent the full allocation of funds, as five more business associations are expected to submit applications to be reviewed at the July 9th Economic Development Committee meeting. Staff is expecting submissions from five additional business district groups: Central Street Business Association, Main Street Merchants Association, Hill Arts Business District, West Village Business Association and Central Evanston Business Association. The approved 2014 Fiscal Year Budget allocates $147,000 to business district improvements. To date, $1,041 has been spent from this account. The breakdown of the category and funding amounts for the projects each of the four groups has requested is shown below: Although the Program requires three bids, the applicants were not required to provide those at the time of submission of their application. However, the three quotes/estimates are expected to be provided by the applicant prior to award of any funding, unless the three bid/quotation requirement is waived by City Council. Representatives from the four Associations have been advised to be present at the June 23, 2014 City Council meeting to answer any questions or provide additional information regarding their grant applications. Legislative History: At the Economic Development Committee meeting held on May 28, 2014, the Committee voted 6-0 to recommend the City Council approval of the grant program guidelines and business district allocations. Attachments Draft – Great Merchants Grant Guidelines West End Business Association Application and Membership List Chicago-Dempster Merchants Association Application and Membership List Howard Street Business Association Application and Membership List Noyes Street Business District Application and Membership List Planters Banners Streetscape Furniture Website Work Marketing Brochures Advertising Holiday Décor West End Business Association $8,140 $8,140 Chicago Dempster Mercants Association $3,000 $1,500 $4,500 $9,000 Howard Street Business Association $3,500 $5,500 $9,000 Noyes Street Business District $3,270 $3,730 $2,000 $9,000 $35,140 Proposed Business District Staples Other TotalBusiness District 311 of 382 312 of 382 313 of 382 314 of 382 315 of 382 316 of 382 317 of 382 318 of 382 319 of 382 320 of 382 321 of 382 322 of 382 323 of 382 324 of 382 325 of 382 326 of 382 327 of 382 328 of 382 329 of 382 330 of 382 331 of 382 332 of 382 333 of 382 334 of 382 335 of 382 336 of 382 337 of 382 For City Council meeting of June 23, 2014 Item O2 Business of the City by Motion: Funding for Chicago Convention & Visitors Bureau For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: Approval of Funding for 12-month period for Chicago’s North Shore Convention and Visitors Bureau (CNSVB) Date: June 9, 2014 Recommended Action: Economic Development Committee and staff recommend City Council approve funding for Chicago’s North Shore Convention and Visitors Bureau (CNSCVB) in the amount of $65,564 for a period commencing July 1, 2014 through June 30, 2015. Funding Source: Economic Development Fund’s Economic Development Partnership (5300.62659). The FY2014 budget allocated $327,500 to this account; to date, $60,932 has been spent from this account. Summary: CNSCVB is the certified convention and visitors bureau currently representing Evanston, Glenview, Northbrook, Prospect Heights, Skokie and Winnetka. The annual budget for the CNSCVB is approximately $1,250,000; Evanston’s contribution is 5.2 percent of the overall budget. The group’s primary mission is to attract group and individual business and leisure travelers to these communities. CNSCVB works closely with the local hotels, the Evanston Chamber of Commerce, Downtown Evanston, and other business districts in Evanston to accomplish this mission. Legislative History: The Economic Committee recommended City Council approval of funding (7-0) at its May 28, 2014 meeting. Attachments: CNSCVB Cover Letter and Presentation Memorandum 338 of 382 339 of 382 340 of 382 The mission of the Bureau is to strengthen the positive awareness of Evanston and Chicago’s North Shore as a business, meeting, event and visitor destination. Through aggressive sales and marketing initiatives, the CNSCVB promotes Evanston as an outstanding destination for business and leisure pursuits in order to increase tax revenues and stimulate economic development and growth. 341 of 382 The source of half of the Bureau’s annual budget is the State of Illinois’ Office of Tourism. The other half is derived from our local member communities: Evanston, Glenview, Winnetka, Northbrook, Prospect Heights and Skokie as well as our private sector business members. 342 of 382 The CNSCVB targets meetings, group tours with an attendance of 350 or less within a 300 mile radius of Evanston and Chicago’s North Shore. We are active in the following markets: -Meetings and Conferences -Social Events -Group Tour Travel -Individual Leisure Visitors 343 of 382 The CNSCVB staff individually each have between 10 -25 years of experience in the travel and tourism industry. Gina Speckman, Executive Director Kimberly Wright, CMP, Director of Sales Caryn Shulman, Tourism Marketing Manager Jennifer Engel, Manager, Membership and Advertising Johnnice Chew, Manager, Finance and Administration 344 of 382 The CNSCVB operates on a July 1 Fiscal Year Calendar. In the fiscal year just ending, the occupancy of the Evanston hotels increased by 4.8% and Average Daily Rate has increased by $3.25. These metrics result in increased revenue for our hotels and the City of Evanston in hotel tax dollars. The Bureau distributed 341 Direct Group Sales Leads to Evanston hotels representing 30,360 sleeping rooms. Of these leads, CNSCVB reported that 35 leads had been booked from all markets group and leisure representing 5,980 sleeping rooms. 345 of 382 Engaged with prospective group organizers at more than 40 trade shows and industry conferences. Organized 5 sales missions to pre-qualified customers in key business- producing regions. Created 8 familiarization (FAM) or educational tours for prospective customers who have never experienced the hotels or attractions of Evanston. Customized 52 site inspection trips for prospective customers. Raised awareness by advertising in key industry publications, both online and in print. Further boosted exposure for Evanston by developing partnerships with third party meeting planning companies, group travel management companies, and receptive tour operators. 346 of 382 The Bureau budget for the new fiscal year that began July 1, 2013 (FY14) Is $1,25 million. Evanston’s contribution reflects 5.2% of the Bureau’s total budget. With those dollars, the CNSCVB operates a full range of sales and marketing programs to achieve its goals including: Trade Shows Direct Sales Calls Sales Missions Printed Collateral Print Advertising E-mail campaigns Interactive Website Online Advertising Social Media Familiarization Trips and Site Inspections Public Relations 347 of 382 Industry Trade Shows allow CVB Staff to meet face to face with decision-makers. The Bureau exhibits and attends over 20 Trade Shows a year including: •Fraternal Executives Association •Illinois Society of Association Executives “Summer Session” •Illinois Society of Association Executives Luncheon & State Government Meeting Planners Sales Calls (2x a year) •Indiana Meeting Planners International Event & Fraternity Sales Calls •Illinois Council of Convention and Visitors Bureau (3x a year) •Rejuvenate! Religious Trade Show •Meeting Planners International - Wisconsin Fall Education Day •American Bus Association •Illinois Society of Association Executives Tradeshow •Religious Conference Management Association •Illinois Governor's Conference on Tourism •Bank Travel •Destination Showcase (2x a year) •Meeting Planners International Multiple Chicago Area Chapter •Hospitality Sales and Marketing Intl. - Affordable Meetings Midwest •Concierge Preferred Trade Show •Collaborate Marketplace - Corporate Meeting Planner Trade Show •Meet in Illinois Milwaukee Sales Blitz •Chicago Conv. & Visitors Bureau SMERF Roundtable •Holiday Showcase – Assoc. Forum of Chicagoland •B.I.G. Show - Boomers in Groups •Connect Marketplace - Corporate Meeting Planner Trade Show •Destination Marketing International Annual Meeting •Receptive Services Association of America Annual Summit •NAJ Receptive Summit - East •Illinois Association of Park Districts/IL Parks & Recreation Assoc. •Amtrak Tourism Day Trade Show •Turner Travel Showcase •Meet in Illinois St. Louis Sales Blitz •PowWow Travel Industry Association •Meetings Focus Show •Host new Chicago North Shore Bridal Show •Kenilworth Bridal Show 348 of 382 •Group Tour Leader •Midwest Meetings •Leisure Group Travel •Northwestern Alumni Magazine •Illinois Meetings and Events •Chicago Tribune (regular paper and triblocal) •Group Tour Magazine •Leisure Group Travel •Midwest Meetings Guidebook (annual) •MPI - Chicago Chapter Guide •bestofthemidwest.com •Madden Media Online Fall/Winter Campaign •Madden Media Online Summer Campaign •St. Louis Dispatch •Milwaukee Journal Sentinel •Evanston Roundtable •Bank Travel Management •Meetings Focus MidAmerica •Unique Venues •North Shore Weekend •Daily Herald •Choose Chicago Visitors Guide •Choose Chicago website •Google Adwords •Facebook Advertisiing •CTA Advertising •Great Lakes North America •Midwest Itineraries •Crains Chicago Business (online and print) •Cvent •Chicago Convention and Tourism Bureau Travel Planner 349 of 382 350 of 382 Front side 351 of 382 Back side 352 of 382 353 of 382 Sample Meeting Ad Sample Group Tour ad 354 of 382 Sample Leisure ad 355 of 382 Photo Shoot with mini- Abe June 2014 for use in future Illinois Office of Tourism Commercials 356 of 382 357 of 382 358 of 382 359 of 382 The CNSCVB e-ewsletter is sent monthly to a dedicated list of over 9,000 highlighting North Shore happenings and events. 360 of 382 The CNSCVB website is very popular for visitors, locals and meeting and tour planners. Over 30,000 unique visitor pages are accessed each month. www.visitchicagonorthshore.com www.destinationnorthshore.com 361 of 382 362 of 382 Strong Social Media presence on Facebook, Twitter, and Linkedin with a postings contributed by CNSCVB member businesses posted multiple times per day 365 days a year. Members can send us postings and they are live within 24 hours on all networks. Our social media feeds are rated the most influential on the North Shore with extended reach of 102,000 viewers a week. 363 of 382 364 of 382 Familiarization Trips also known as Educational Trips allow clients who have not experienced Evanston to visit the area. In April 2013, following the annual IPW Conference, two groups of international tour operators came up and toured and dined in Evanston. French IPW delegation touring Dawes House 365 of 382 Our Multi-Media Public Relations Outreach includes: Press Releases distributed electronically and through third party services to gain coverage of Chicago’s North Shore in three major target markets: meetings, group tours and consumer leisure travelers. Host international and national media on tours of the North Shore. Handle more than 350 inquiries per year from local, regional, national and international media outlets. Engage bloggers by various themes (food, culture, family, theatre, outdoor adventure, etc.) to gain exposure on popular blogs. 366 of 382 For City Council meeting of June 23, 2014 Item O3 Resolution 38-R-14: Loan Agreement with FEW Spirits LLC For Action To: Honorable Mayor and Members of the City Council From: Wally Bobkiewicz, City Manager Johanna Nyden, Economic Development Division Manager Subject: Resolution 38-R-14, Authorizing the City Manager to Negotiate and Execute a Loan Agreement with FEW Spirits, LLC Date: June 9, 2014 Recommended Action: The Economic Development Committee and City staff recommend adoption of Resolution 38-R-14, authorizing the City Manager to negotiate and execute a loan agreement with FEW Spirits, for an amount not-to-exceed $250,000 for equipment and materials. Funding Source: The Economic Development Fund’s Business Attraction and Expansion Account. (5300.62660). The 2014 Fiscal Year budget allocated $500,000. To date, $1,811.50 has been spent from this account. Summary: FEW is a craft distillery founded in 2010 in Evanston, by local resident Paul Hletko, that specializes in the production of whiskey, bourbon, rye, and gin products. Since first opening nearly four years ago, FEW’s distribution has grown from across the United States to the United Kingdom, Japan, and Australia. The tasting room, an accessory use to the distillery at 918 Chicago Avenue, has attracted visitors to Evanston from across the world. Tours of craft-distilleries are an increasing tourist activity. Earlier this summer, the Daily Meal, a popular food and travel website, published a list of the top 25 Craft Distillery tours in the United States, naming FEW #9 on the list. According to a presentation developed for Illinois Travel Professionals by the state’s Department of Commerce & Economic Opportunity, tourists spend $100 per day. Currently, FEW experiences a total weekly visitor count between 60 and 90 people at its distillery. If 25 percent of those visitors were from out of town, it could be estimated that between $1,500 and $2,250 is spent per week in the local economy (assumes a trip for a tour counts as one day of spending for a tourist) with a potential annual impact between $78,000 and up to Memorandum 367 of 382 $117,000 per year. FEW recognizes that this is an important segment of the market to attract to the distillery and is in the process of making improvements to business operations to increase marketing of FEW. Based on the narrative provided by FEW (attached to this memorandum), the company currently considers itself as being located on “middle ground” in regards to its ability to expand to meet a demand but financially constrained to support such expansion. Given the success of the product in its early stages and high demand for craft products, FEW has had difficulties meeting the demand. To address this challenge in the short term, FEW has hired additional marketing and production employees, has relocated the barrels to an off-site location that can be utilized to complete the liquor aging process, and has plans to acquire new equipment to meet the growing production demands. However to grow and function at a larger capacity and meet the growing demand for this craft product, FEW needs to add a new production line and capacity to distill additional alcohol. The relocation of the barrels to an off-site location has resulted in increased availability of space to install an additional still and bottling line. This additional still and bottling line will result in increased production to serve markets that seek FEW as well as potentially introduce smaller bottles to FEW’s product offerings. Since August 2013, staff has worked with FEW Spirits to compile documents that highlight the need and use for a loan from the City of Evanston and finalize request for funding from the City. Key Deal Points for Loan: • Total loan amount is no more than $250,000, to be repaid monthly on a level repayment schedule over 10 years at 6% interest ($2,775.51/month). • The loan would be secured by collateral (attached to promissory note) that is purchased with the loan proceeds. • Borrower and his successors are further prohibited from obtaining any secondary financing using said equipment as collateral, making the City the sole lien holder. • In the event FEW Spirits were to leave Evanston, the loan would be considered in default and would become due and payable immediately. Legislative History: The Economic Development Committee discussed the financial support of FEW at its August 2013 meeting and considered the item for recommendation to City Council at its October 2013 meeting. In October 2013, the item was unanimously recommended to City Council for funding approval in a 6-0 vote. Attachments: Resolution 38-R-14 Authorizing the City Manager to Negotiate and Execute a Loan Agreement with FEW Spirits Draft Promissory Note for FEW Spirits 368 of 382 5/13/2014 38-R-14 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Loan Agreement with FEW Spirits, LLC NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized and directed to negotiate and execute a loan agreement and associated loan documents between the City and FEW Spirits, LLC, an Illinois limited liability company, attached hereto as Exhibit A and incorporated herein by reference (the “Agreement”). SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Agreement as he may determine to be in the best interests of the City. SECTION 3: This Resolution 38-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 369 of 382 38-R-14 ~ 2 ~ EXHIBIT A Loan Agreement 370 of 382 PROMISSORY NOTE Name and Address of Borrower: FEW Spirits, LLC 918 Chicago Ave. Evanston, IL 60202 Dated: _________, 2014 1. BORROWER’S PROMISE TO PAY FOR VALUE RECEIVED, the undersigned, FEW Spirits, LLC, an Illinois limited liability company(referred to hereafter as the "Borrower"), promise to pay to the order of the City of Evanston, an Illinois home rule municipal corporation, acting through its Community and Economic Development Department, with its principal office located at 2100 Ridge Avenue, Evanston, Illinois (the “Lender”), in the manner provided in this Note, the principal sum of $250,000.00 (Two Hundred Fifty Thousand and 00/100 Dollars) (the “Loan”). The Loan is secured by a Uniform Commercial Code financing statement (the “UCC Financing Statement”) and security agreement (the “Security Agreement”), which includes the Borrower’s equipment and fixtures (“Equipment and Fixtures”) to be located at 918 Chicago Ave., Evanston, Illinois (the “Property”) for the operation of the business, dated the date of this Note and recorded with the Cook County Recorder of Deeds on ____________, 2014 and as Document Number _______________ (the “Security”), together with interest computed on the basis of a 365 day year, from the date of disbursement on the balance of principal remaining from time to time unpaid at an annual rate equal to six percent (6.0%). Any principal amount not paid when due (at maturity, by acceleration, or otherwise) will bear interest thereafter until paid at a rate, which will be eighteen percent (18%). The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called "Note Holder". 2. LOAN TERM, FORGIVENESS AND REPAYMENT The term of the Loan is ten (10) years commencing on July 1, 2014 and ending on June 30, 2024 (the “Loan Term”). The Loan will bear interest during the Loan Term at 6.0% interest per annum and payable in monthly installments of $2,775.51 on or before the 1st of each month. If the Borrower’s Loan payment is five days after the first of the month or more, there shall be assessed a late fee of $100 per day until payment is received by Lender. Attached as Exhibit “1” is the repayment schedule for the entire Loan Term and incorporated herein by reference. The Loan can be pre-paid with no penalty or fee assessed against the Borrower. 3. SECURITY FOR NOTE: UCC FINANCING STATEMENT 371 of 382 The indebtedness evidenced by this Note (including all principal, interest, charges, fees, and expenses) is secured by the aforementioned Security, dated of even date herewith encumbering the fixtures and personal property of the Borrower. The Note, Security Agreement, and UCC Financing Statement shall be collectively referred to as the “Loan Documents” and the terms of which are hereby incorporated by this reference. The Lender will record the UCC Financing Statement following the execution of this Note, which shall remain a valid lien on the Equipment and Fixtures until the Loan is paid off in full and until the end of the Loan Term. The Note, Security Agreement, Project Agreement, and UCC Financing Statement shall be collectively referred to as the “Loan Documents” and the terms of which are hereby incorporated by this reference. 4. DEFAULT AND REMEDIES A. The occurrence of any one or more of the following events (“Event of Default”) with respect to Borrower shall constitute a default hereunder (“Default”): 1) If Borrower ceases to manufacture spirituous liquors within the borders of the City of Evanston (including by incidence of death of the Borrower). The Lender shall give written notice to Borrower of this Default. The Borrower shall have a period of thirty days to cure the Default (“Cure Period”). 2) If all or any part of the Fixtures and Equipment or any interest in it is sold or transferred (or if a legal or beneficial interest in Borrower’s interest in the Fixtures and Equipment is sold or transferred) without Lender’s prior written consent. 3) If a default or event of default occurs and is continuing under any representation or covenant under the Loan Documents. 4) If a default or event of default occurs and is continuing under any other mortgage or loan agreement encumbering the Fixtures and Equipment. 5) Borrower or any beneficiary thereof shall (i) file a petition for liquidation, reorganization, or adjustment of debt under Title 11 of the United States Code or any similar law, state or federal, whether now or hereafter existing, or (ii) file any answer admitting insolvency or inability to pay debts, or (iii) fail to obtain a vacation or stay of involuntary proceedings within ten days, as hereinafter provided. 6) Borrower or any beneficiary thereof shall make an assignment for the benefit of creditors of this Note, or shall admit in writing of its inability to pay its debts generally as they become due, or shall consent to the appointment of a receiver or trustee or liquidator of all or any major part of the Fixtures and Equipment. B. The Borrower also promises that, if the Event of Default specified above, 4(A)(1), shall occur (after applicable notice and the Occupancy Cure Period detailed above) before the expiration of the Loan Term, the Borrower agrees to repay to the order of the Lender or its designee an amount equal to the original principal amount of the Loan and it is immediately due and payable. Provided however, if an Event of Default is solely with respect any other Event of Default specified above in 4(A), the Borrower shall have 372 of 382 sixty (60) days after the date on which the notice is delivered to Borrower to cure such breach, provided, however, that if the curing of such non-monetary breach cannot be accomplished with due diligence within said period of sixty (60) days then Borrower shall have such additional reasonable period of time to cure such breach as may be necessary, provided Borrower shall have commenced to cure such breach within said period, such cure shall have been diligently prosecuted by Borrower thereafter to completion (“Other Default Cure Period”). The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the Borrower does not cure the Default within the specified Other Default Cure Period within the notice, then this Note is due and payable only with respect to the remaining balance of the Loan at the time of Default. C. If the Borrower Defaults hereunder and fails to cure the Default, during the 10-year loan Term, the Loan shall be immediately due and owing and the balance of the Loan shall be immediately repaid to Lender in full, subject to the availability of net proceeds from sale of the Fixtures and Equipment. Lender can auction the Fixtures and Equipment and use the proceeds and apply it to the loan balance. D. If any payments of interest or the unpaid principal balance due under this Note or any escrow fund payments for taxes or insurance required under the Security Agreement become overdue for a period in excess of ten days, the Borrower shall pay to Lender a late charge of $50 per day. If any attorney is engaged by Lender, including in-house staff (a) to collect the indebtedness evidenced hereby or due under the Loan Documents, whether or not legal proceedings are thereafter instituted by Lender; (b) to represent Lender in any bankruptcy, reorganization, receivership, or other proceedings affecting creditors’ rights and involving a claim under this Note; (c) to protect the lien of any of the Loan Documents; (d) to represent Lender in any other proceedings whatsoever in connection with this Note or any of the Loan Documents or the real estate described therein; or (e) as a result of the Borrower’s Default and collection efforts, the Borrower shall pay to Lender all reasonable attorneys’ fees and expenses incurred or determined to be due in connection therewith, in addition to all other amounts due hereunder. E. Lender’s remedies under this Note, and all of the other Loan Documents shall be cumulative and concurrent and may be pursued singly, successively, or together against the Borrower and any other Obligors (as defined below), the Property, and any other security described in the Loan Documents or any portion or combination of such real estate and other security, and Lender may resort to every other right or remedy available at law or in equity without first exhausting the rights and remedies contained herein, all in Lender’s sole discretion. Failure of Lender, for a period of time or on more than one occasion to exercise its option to accelerate the maturity date shall not constitute a waiver of the right to exercise that option at any time during the continued existence of the Default or in the event of any subsequent Default. Lender shall not by any other omission or act be deemed to waive any of its rights or remedies hereunder unless such waiver is in writing and signed by Lender, and then only to the extent 373 of 382 specifically set forth therein. A waiver in connection with one event shall not be construed as continuing or as a bar to or waiver of any right or remedy in connection with a subsequent event. 5. PAYMENT OF NOTE HOLDER'S COSTS AND EXPENSES If the Lender is required to initiate legal process as the result of the Borrower’s Default as described above, the Lender will have the right to be paid back for all of its costs and expenses incurred as a result of such Default, to the extent not prohibited by applicable law. Those costs and expenses include but are not limited to, reasonable attorneys' fees, court costs, and related litigation expenses. 6. BORROWER'S WAIVERS To the extent permitted by law, the Borrower waives all rights to require the Lender to do certain things. These things are: (A) to demand payment of amounts due (known as "presentment"); (B) to give notice that amounts due have not been paid (known as "notice to dishonor"); (C) to obtain an official certification of nonpayment (known as "protest"). If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Notes, including the promise to pay the full amount owed. Any person, who takes over these obligations, is also obligated to keep all promises made in this Note. The Lender may enforce its rights under this Note against each person individually or against all of us together. 7. GIVING OF NOTICES Any notices that must be given to the Borrower under this Note will be given by delivering or by mailing by certified mail addressed to the Borrower at the address of the Property set forth above. Any notice that must be given to the Lender under this Note will be given by delivering it or mailing it by certified mail to the Lender at the following address: City of Evanston Attn: Economic Development Division 2100 Ridge Avenue, Room 3103 Evanston, Illinois 60201 with a copy to: City of Evanston Attn: Corporation Counsel 2100 Ridge Avenue, Room 4400 Evanston, Illinois 60201 8. RESPONSIBILITY OF PERSONS UNDER THIS NOTE 374 of 382 If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note. The Lender may enforce its rights under this Note against the signatories either individually or together. This means that both signatories, either individually or together, may be required to pay all of the amounts owned under this Note. Any person who takes over the rights or obligations of the Borrower, with the written permission of the Lender, will have all of the Borrower’s rights and must keep all of the Borrower’s promises made in this Note. Notwithstanding anything in the Security Agreement to the contrary, the Loan is a recourse obligation of the Borrower. 9. GOVERNING LAW AND WAIVER OF TRIAL BY JURY This Promissory Note shall be governed by the laws of the State of Illinois. Borrower hereby represents and warrants that it knowingly and voluntarily waives any rights to trial by jury for any litigation related to or arising out of, under, or in any way connected with the obligations of this Note. 10. MISCELLANEOUS The headings of sections and paragraphs in this Note are for convenience only and shall not be construed in any way to limit or define the content, scope, or intent of the provisions hereof. As used in this Note, the singular shall include the plural, and masculine, feminine, and neuter pronouns shall be fully interchangeable, where the context so requires. If any provision of this Note, or any paragraph, sentence, clause, phrase, or word, or the application thereof, in any circumstances, is adjudicated to be invalid, the validity of the remainder of this Note shall be construed as if such invalid part were never included herein. Time is of the essence of this Note. Upon any endorsement, assignment, or other transfer of this Note by Lender or by operation of law, the term “Lender,” as used herein, shall mean such endorsee, assignee, or other transferee or successor to Lender then becoming the holder of this Note. This Note and all provisions hereof shall be binding on all persons claiming under or through the Undersigned. The terms “Undersigned” and “Borrower,” as used herein, shall include the respective beneficiaries, successors, assigns, legal and personal representatives, executors, administrators, devisees, legatees, and heirs of the Undersigned and Borrower and shall be binding upon the same In the event the Undersigned is an Illinois land trust, then this Note is executed by the Trustee, not personally but as Trustee as aforesaid in the exercise of the power and authority conferred on and vested in it as the Trustee, and is payable only out of the property specifically described in the Loan Documents securing the payment hereof, by the enforcement of the provisions contained therein. No personal liability shall be asserted or be enforceable against the Trustee because or in respect of this Note or the making, issue, or transfer thereof, all such liability, if any, being expressly waived by each taker and holder hereof, and each original and successive holder of this Note 375 of 382 accepts the Note on the express condition that no duty shall rest on the Trustee to sequester the rents, issues, and profits arising from the property described in the Loan Documents, or the proceeds arising from the sale or other disposition thereof, but that in case of Default in the payment of this Note or of any installment hereof, the sole remedies of the holder hereof shall be by foreclosure of the UCC Financing Statement, realization on the other security given under the other Loan Documents to secure indebtedness evidenced by this Note, in accordance with the terms and provisions set forth herein, or any combination of the above. The Undersigned have caused this Note to be executed as of the ____ day of June, 2014. BORROWER: Address: ______________________ By: _____________________________ ______________________ ______________________ By: ______________________________ ______________________ 376 of 382 EXHIBIT A LOAN REPAYMENT SCHEDULE DATE PAYMENT # PAYMENT AMOUNT Jan-14 1 $2,775.51 Feb-14 2 $2,775.51 Mar-14 3 $2,775.51 Apr-14 4 $2,775.51 May-14 5 $2,775.51 Jun-14 6 $2,775.51 Jul-14 7 $2,775.51 Jul-14 8 $2,775.51 Aug-14 9 $2,775.51 Sep-14 10 $2,775.51 Oct-14 11 $2,775.51 Nov-14 12 $2,775.51 Dec-14 13 $2,775.51 Jan-15 14 $2,775.51 Feb-15 15 $2,775.51 Mar-15 16 $2,775.51 Apr-15 17 $2,775.51 May-15 18 $2,775.51 Jun-15 19 $2,775.51 Jul-15 20 $2,775.51 Aug-15 21 $2,775.51 Sep-15 22 $2,775.51 Oct-15 23 $2,775.51 Nov-15 24 $2,775.51 Dec-15 25 $2,775.51 Jan-16 26 $2,775.51 Feb-16 27 $2,775.51 Mar-16 28 $2,775.51 Apr-16 29 $2,775.51 May-16 30 $2,775.51 Jun-16 31 $2,775.51 Jul-16 32 $2,775.51 Aug-16 33 $2,775.51 Sep-16 34 $2,775.51 Oct-16 35 $2,775.51 Nov-16 36 $2,775.51 Dec-16 37 $2,775.51 Jan-17 38 $2,775.51 Feb-17 39 $2,775.51 Mar-17 40 $2,775.51 Apr-17 41 $2,775.51 May-17 42 $2,775.51 Jun-17 43 $2,775.51 377 of 382 Jul-17 44 $2,775.51 Aug-17 45 $2,775.51 Sep-17 46 $2,775.51 Oct-17 47 $2,775.51 Nov-17 48 $2,775.51 Dec-17 49 $2,775.51 Jan-18 50 $2,775.51 Feb-18 51 $2,775.51 Mar-18 52 $2,775.51 Apr-18 53 $2,775.51 May-18 54 $2,775.51 Jun-18 55 $2,775.51 Jul-18 56 $2,775.51 Aug-18 57 $2,775.51 Sep-18 58 $2,775.51 Oct-18 59 $2,775.51 Nov-18 60 $2,775.51 Dec-18 61 $2,775.51 Jan-19 62 $2,775.51 Feb-19 63 $2,775.51 Mar-19 64 $2,775.51 Apr-19 65 $2,775.51 May-19 66 $2,775.51 Jun-19 67 $2,775.51 Jul-19 68 $2,775.51 Aug-19 69 $2,775.51 Sep-19 70 $2,775.51 Oct-19 71 $2,775.51 Nov-19 72 $2,775.51 Dec-19 73 $2,775.51 Jan-20 74 $2,775.51 Jan-20 75 $2,775.51 Mar-20 76 $2,775.51 Mar-20 77 $2,775.51 Apr-20 78 $2,775.51 May-20 79 $2,775.51 Jun-20 80 $2,775.51 Jul-20 81 $2,775.51 Aug-20 82 $2,775.51 Sep-20 83 $2,775.51 Oct-20 84 $2,775.51 Nov-20 85 $2,775.51 Dec-20 86 $2,775.51 Jan-21 87 $2,775.51 Feb-21 88 $2,775.51 Mar-21 89 $2,775.51 Apr-21 90 $2,775.51 May-21 91 $2,775.51 378 of 382 Jun-21 92 $2,775.51 Jul-21 93 $2,775.51 Aug-21 94 $2,775.51 Sep-21 95 $2,775.51 Oct-21 96 $2,775.51 Nov-21 97 $2,775.51 Dec-21 98 $2,775.51 Jan-22 99 $2,775.51 Feb-22 100 $2,775.51 Mar-22 101 $2,775.51 Apr-22 102 $2,775.51 May-22 103 $2,775.51 Jun-22 104 $2,775.51 Jul-22 105 $2,775.51 Aug-22 106 $2,775.51 Sep-22 107 $2,775.51 Oct-22 108 $2,775.51 Nov-22 109 $2,775.51 Dec-22 110 $2,775.51 Jan-23 111 $2,775.51 Feb-23 112 $2,775.51 Mar-23 113 $2,775.51 Apr-23 114 $2,775.51 May-23 115 $2,775.51 Jun-23 116 $2,775.51 Jul-23 117 $2,775.51 Aug-23 118 $2,775.51 Sep-23 119 $2,775.51 Oct-23 120 $2,775.51 379 of 382 SECURITY AGREEMENT This Security Agreement dated July 1, 2014 by and between the FEW Spirits, LLC, an Illinois limited liability company hereinafter referred to collectively as the "Debtor" for value received, hereby grants to the City of Evanston, Illinois, an Illinois home rule municipality, with its principal address at 2100 Ridge Avenue, Evanston, Illinois 60201, hereinafter referred to as the "Secured Party," a security interest in the collateral listed in the attached EXHIBIT A, hereinafter referred to as the “Collateral” and incorporated by reference. This security interest is given for the purpose of securing payment of any and all indebtedness of the Debtor to the Secured Party in connection with the loan made to the Debtor and evidenced by promissory note dated July 1, 2014, together with all costs and expenses in connection therewith including but not limited to expenses of retaking, preserving, repairing, maintaining, preparing for sale, and selling said collateral as well as reasonable attorney's fees, court costs, and other legal expenses. In the event that Debtor defaults in the payment of said indebtedness, or becomes insolvent, or fails to keep said collateral free of all other liens, or if for any reason the secured party feels insecure, Secured Party has the option of declaring the entire indebtedness immediately due and payable, and shall have all of the rights and remedies of a secured party under the Illinois Uniform Commercial Code as the same may be amended from time to time. The requirement of the reasonable notice of any sale hereunder shall be met if such notice is mailed, postage prepaid, to the address of the Debtor shown at the beginning of this agreement at least 5 days before the time of sale or disposition. Secured Party and Debtor have caused this Agreement to be executed and delivered as of the date set forth opposite their name. City of Evanston, Illinois FEW Spirits, LLC By:__________________________ By:__________________________ City Manager, Wally Bobkiewicz Manager 380 of 382 EXHIBIT A SCHEDULE OF COLLATERAL 381 of 382 Description Model or Serial #Amount Aqua Products Glycol Chiller 5-ton Packge - 208-230/#PH C-DCP-060B-S41 36,583.38 Hande TANK - Custom DistilleryMash-Fermenter, 30B FED-UNIT11 21,356.00 Toyota Electric Forklift M# - 7FBEU18; S# - 20486 13,220.00 Hover TANKS SS350 42X48FMFN 8,330.00 ATLAS 144x42 Frames and Beams UF33C14442T0G 15,451.29 ALDRICH Co. Broiler Maker Series 100HP w/ water coil, piping, gas burner, feed unit and 1/2 HP pump 14E-704 156,089.00 Total 251,029.67 382 of 382