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HomeMy WebLinkAbout04.08.14 Packet CITY COUNCIL REGULAR MEETING CITY OF EVANSTON, ILLINOIS LORRAINE H. MORTON CIVIC CENTER COUNCIL CHAMBERS Tuesday, April 8, 2014 Administration & Public Works (A&PW) Committee meets at 6 p.m. Planning & Development (P&D) Committee meets at 7:15 pm Township Board meeting and City Council meeting will convene after conclusion of the P&D meeting. ORDER OF BUSINESS (I) Annual Town Meeting (II) Roll Call – Begin with Alderman Fiske (III) Mayor Proclamations and Public Announcements St. Mark’s Protestant Episcopal Church 150th Anniversary National Library Week, April 13-19 2013 Library Annual Report (IV) City Manager Public Announcements (V) Communications: City Clerk (VI) Public Hearing: TEFRA Hearing on the Proposed Issuance by the City of Revenue Bonds, Series 2014 (Chiaravalle Montessori School) (VII) 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. (VIII) Consent Agenda: Alderman Rainey 1 of 537 City Council Agenda April 8, 2014 Page 2 of 9 (IX) Report of the Standing Committees Administration & Public Works - Alderman Holmes Planning & Development - Alderman Rainey Human Services - Alderman Holmes (X) Call of the Wards (Aldermen shall be called upon by the Mayor to announce or provide information about any Ward or City matter which an Alderman desires to bring before the Council.) {Council Rule 2.1(10)} (XI) Executive Session (XII) Adjournment CONSENT AGENDA (M1) Approval of Minutes of the Regular City Council Meeting of March 24, 2014 ADMINISTRATION & PUBLIC WORKS COMMITTEE (A1) City of Evanston Payroll through March 23, 2014 $2,670,255.30 (A2) City of Evanston Bills -- April 9, 2014 $3,381,156.82 City of Evanston Credit Cards through February 28, 2014 $ 120,686.35 For Action (A3.1) Approval of Agreement with CDM Smith for Reservoir and Clearwell Planning Study (RFP 14-10) Staff recommends City Council authorize the City Manager to execute an agreement for the Reservoir and Clearwell Planning Study with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $86,359. Funding is provided by the Water Fund, Account 733126.62140, with a budget of $100,000 for FY 2014. This item was held in Committee on March 24, 2014. For Action (A3.2) Approval of Tree Purchase from Suburban Tree Consortium for Spring Planting Staff recommends approval of the purchase of 312 trees and planting services for 150 trees from Suburban Tree Consortium (STC) in the amount of $77,536.76. Funding for this purchase is provided from two sources: 1) Parks & Forestry Maintenance Account 2655.65005, with a total budget of $150,300 which is used for both the spring and fall planting seasons; and 2) the “Replant Express” program, which allows residents to pay $250 (the cost of the tree plus delivery) to be added to the planting list immediately. For Action 4/4/2014 3:08 PM 2 of 537 City Council Agenda April 8, 2014 Page 3 of 9 (A3.3) Approval of Contract with Sunrise Tree Service Company for 2014 Dutch Elm Injection Program ( Bid14-15) Staff recommends City Council authorize the City Manager to execute a contract in the amount of $761,745 with Sunrise Tree Service Company (110 Midlothian Road, Hawthorne Woods, IL) for the 2014 Dutch Elm Disease Control Program. Funding is provided by FY2014 approved one-time expenditures in the amount of $200,000 and reserve funds set aside from previous years in the amount of $557,216 (Account 100.41332). The balance of funding for this contract ($4,529) will be made up using a portion of the $46,000 remaining in General Fund Dutch Elm Disease Account (2655.62496). For Action (A3.4) Approval of Contract Extension with Golf Mill Ford Inc. for Ford Original Equipment Manufacturer (OEM) Parts (Bid 12-118) Staff recommends City Council authorize the City Manager to execute the agreement for a one-year contract extension for the purchase of Ford Original Equipment Manufacturer (OEM) parts in the amount of $88,500 with Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL). Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Account (7710.65060). For Action (A3.5 Approval of Contract Extension with Arrow Road Construction for Hot Mix Asphalt (Bid 12-34) Staff recommends City Council authorize the City Manager to execute the agreement for a one-year contract extension for the purchase of 500 tons of modified hot mix asphalt at a cost of $52 per ton and 300 tons of modified hot mix binder at the cost of $44 per ton with Arrow Road Construction dba Healy Asphalt (3401 South Busse Road, Mt. Prospect, IL) for Fiscal Year 2014 for a cost of $39,200. Funding is provided by the FY 2014 General Fund Street and Alley Account (2670.65055), the Water Fund Account (7115.65051), and the Sewer Fund Account (7400.65051). For Action (A3.6) Approval of Purchase of Davis Streetscape Furniture from Landscapeforms Staff recommends City Council approval of the single source purchase of the streetscape furniture items for Davis Street from Landscapeforms (431 Lawndale Avenue, Kalamazoo, MI) in the amount of $51,006.00. Funding is provided by: $22,952.70 from the Washington National TIFF; and $28,053.30 from the CIP Fund (416438). For Action 4/4/2014 3:08 PM 3 of 537 City Council Agenda April 8, 2014 Page 4 of 9 (A4) Resolution 14-R-14 Authorization for the City Manager to Negotiate and Execute Residential Lease for 631 Howard Street, Unit 2 Staff recommends that City Council approve Resolution 14-R-14 authorizing the City Manager to execute a residential lease with Anne Carlson and Cody Modeer for an apartment located at 631 Howard Street, Unit 2. For Action (A5) Resolution 22-R-14 Authorization for the City Manager to Negotiate and Execute Residential Lease for 631 Howard Street, Unit 1 Staff recommends that City Council approve Resolution 22-R-14 authorizing the City Manager to execute a residential lease with Marcus T. Yakhnis and Nicole M. Mickels for an apartment located at 631 Howard Street, Unit 1. For Action (A6) Resolution 13-R-14, Authorizing City Manager to Execute a License Agreement with Chiaravalle Montessori School for Use of Currey Park to locate Temporary Mobile Classrooms Staff recommends approval of Resolution 13-R-14 to authorize the City Manager to execute a license agreement with Chiaravalle Montessori School (“Chiaravalle”) for use of a portion of Currey Park to locate temporary mobile classrooms for a 10-month period. For Action (A7) Resolution 20-R-14, Authorizing City Manager to Execute an Easement Agreement with Chiaravalle Montessori School Staff recommends approval of Resolution 20-R-14 to authorize the City Manager to execute an easement agreement with Chiaravalle Montessori School (“Chiaravalle”) to provide for easements for the benefit of Chiaravalle on and under the City’s park property commonly known as “Currey Park”. For Action (A8) Ordinance 51-O-14, Approving and Authorizing Revenue Bonds and Related Matters Thereto (Chiaravalle Conduit Financing) Staff recommends City Council approval of Ordinance 51-O-14 as introduced, for purposes of final action on April 28, 2014. Chiaravalle has requested the City act as the conduit financing authority for their debt issuance as a part of the expansion of their renovations originally started with the City’s initial conduit debt issuance in April 2010. The City will not incur a liability to repay this debt in the event of a default by Chiaravalle. For Introduction 4/4/2014 3:08 PM 4 of 537 City Council Agenda April 8, 2014 Page 5 of 9 (A9) Ordinance 41-O-14 Amending the City Code to Establish a 4-Way Stop Control at the Intersection of Broadway Avenue and Jenks Street Staff recommends adoption of Ordinance 41-O-14 by which the City Council would amend Section 10-11-5(D), Schedule V(D) of the City Code to establish a 4-Way Stop Control at the intersection of Broadway Avenue and Jenks Street. For Introduction (A10) Ordinance 42-O-14, Amending Class P-1 Liquor License Local Liquor Commissioner recommends City Council adoption of Ordinance 42- O-14. Class P-1 liquor license is the craft brewery license. Several different licensees and license applicants will be operating in the City. Each licensee has different business models regarding product sampling or sale in their taprooms. The requirements of food service are more clearly defined in this Code amendment in order to match the scale of food service required, to the amount of craft beer offered for sampling and sold for on-site tasting. For Introduction (A11) Ordinance 43-O-14, Decreasing the Number of Class C Liquor Licenses for La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue Staff recommends City Council approval of Ordinance 43-O-14 which decreases the number of authorized Class C liquor licenses from 23 to 22, due to issuance of an upgraded liquor license C-1 to La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620 Orrington Avenue. For Introduction (A12) Ordinance 44-O-14, Increasing the Number of Class C-1 Liquor Licenses for La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue Staff recommends City Council approval of Ordinance 44-O-14 which increases the number of authorized Class C-1 liquor licenses from five to six to permit issuance to La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620 Orrington Avenue. For Introduction (A13) Ordinance 45-O-14, Decreasing the Number of Class I Liquor Licenses for Ward Eight LLC d/b/a Ward Eight, 629 Howard Street. Staff recommends City Council approval of Ordinance 45-O-14 which amends Evanston City Code of 2012 Subsection 3-4-6-(I), as amended, to decrease the number of authorized Class I liquor licenses from one to zero due to issuance of an upgraded Class D liquor license to Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street. For Introduction 4/4/2014 3:08 PM 5 of 537 City Council Agenda April 8, 2014 Page 6 of 9 (A14) Ordinance 46-O-14, Increasing the Number of Class D Liquor Licenses for Ward Eight LLC d/b/a Ward Eight, 629 Howard Street Staff recommends City Council approval of Ordinance 46-O-14 which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from 49 to 50 to permit issuance to Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street. For Introduction (A15) Ordinance 49-O-14, Increasing the Number of Class P-1 Liquor Licenses for Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago Avenue, Suite E2 Staff recommends City Council approval of Ordinance 49-O-14 which amends Evanston City Code of 2012 Subsection 3-4-6-(P-1), as amended, to increase the number of authorized Class P-1 liquor licenses from one to two, and permit issuance of a Class P-1 license to Common Culture Beer Co., d/b/a Sketchbook Brewing Co. (“Company”), 825 Chicago Avenue, Suite E2. For Introduction (A16) Ordinance 40-O-14, Recognizing the Cessation of Evanston Township and Codifying the City’s Assumption of the Duties and Obligations of Evanston Township Staff recommends City Council adoption of Ordinance 40-O-14. This ordinance is companion legislation to Ordinance 52-O-14. A companion resolution, 1T-R- 14, will be on the agenda for action by the Town Board at the April 28, 2014 meeting. That resolution will discontinue, abolish, and cease Township operations as of April 30, 2014. For Introduction (A17) 52-O-14, Creating the City of Evanston General Assistance Fund and Defining Other City Duties and Obligations Staff recommends City Council adoption of Ordinance 52-O-14. This ordinance is companion legislation to Ordinance 40-O-14. For Introduction 4/4/2014 3:08 PM 6 of 537 City Council Agenda April 8, 2014 Page 7 of 9 PLANNING & DEVELOPMENT COMMITTEE (P1) Resolution 18-R-14 Designating the Portion of Emerson Street between Asbury Avenue and Green Bay Road with the Honorary Street Name Sign, “Hecky Powell Way” The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 18-R-14 designating honorary “Hecky Powell Way.” For Action (P2) Resolution 19-R-14 Designating the Portion of Dodge Avenue between Main Street and Lee Street with the Honorary Street Name Sign, “Crown Family Way” The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 19-R-14 designating honorary “Crown Family Way.” For Action (P3) Ordinance 48-O-14, Granting a Special Use for a Type 2 Restaurant, Starbucks, and a Drive-Through Facility at 1901 Dempster Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 48-O-14 granting a special use permit for a Type 2 Restaurant, Starbucks, and a drive-through facility at 1901 Dempster Street. The building on the property was previously a Kentucky Fried Chicken, but has been vacant for over three years. Request Suspension of the Rules for Introduction and Action by City Council on April 8, 2014. For Introduction and Action (P4 and P5) The Plan Commission and City staff recommend the adoption of either Ordinance 47-O-14 or Ordinance 53-O-14 to grant approval of a Planned Development to construct an eight-story extended stay hotel located at 1515 Chicago Avenue. Two ordinances are presented for consideration. Ordinance 47-O-14 requires preservation of an elm tree; Ordinance 53-O-14 permits removal of an elm tree. (P4) Ordinance 47-O-14, Granting a Special Use Permit for a Planned Development, 1515 Chicago Avenue, and Requires Preservation of an Elm Tree Per the recommendation made by the Plan Commission, Ordinance 47-O-14 requires the applicant to preserve the existing elm tree in the rear of the property. For Introduction (P5) Ordinance 53-O-14, Granting a Special Use Permit for a Planned Development, 1515 Chicago Avenue, and Permits Removal of an Elm Tree Ordinance 53-O-14 allows the applicant to remove the existing elm tree in the rear of the property, but the applicant must install a new 9-inch caliper tree in the southeast corner of the property and provide additional parking. For Introduction 4/4/2014 3:08 PM 7 of 537 City Council Agenda April 8, 2014 Page 8 of 9 HUMAN SERVICES COMMITTEE (H1) Township Payroll and Bills for March 2014 Township of Evanston Supervisor recommends that City Council approve the Township of Evanston bills, payroll, and medical payments for the month of March 2014 in the amount of $161,396.49. Funding provided by the Township budget. For Action (H2) Evanston Animal Care and Control Operations It is recommended that the City Council: 1) receive the report; 2) approve the City of Evanston Animal Control Policy; 3) approve the Volunteer Animal Organization Partnership Policy; 4) direct the City Manager to create an Evanston Animal Shelter Fund to receive donations for the Animal Shelter; 5) introduce Ordinance 54-O-14 creating the Evanston Board of Animal Care and Control; 6) receive and file report from Corporation Counsel on legal options regarding donations received to support the Evanston Animal Shelter; 7) provide direction to City Manager regarding City reimbursement of costs regarding volunteer rescue activities. If C.A.R.E. wishes to negotiate a new one year agreement with the City pursuant to the Animal Control Policy and Volunteer Animal Organization Partnership Policy it is recommended that the City Council direct the City Manager to negotiate such agreement and return to the City Council on April 28, 2014 with agreement for review and approval. If C.A.R.E. declines to negotiate a new agreement it is recommended that the City Council: 1) authorize the City Manager to issue notice to C.A.R.E. ceasing relationship with City at the Evanston Animal Shelter and to work with C.A.R.E. to vacate the animal shelter no later than 5:00 PM Friday May 9, 2014; 2) direct the City Manager to issue a Request for Qualifications to volunteer animal organizations to express interest in working at Evanston Animal Shelter no later than Friday April 25, 2014; 3) direct the City Manager to return to the City Council on April 28, 2014 with status report on these activities. For Action 4/4/2014 3:08 PM 8 of 537 City Council Agenda April 8, 2014 Page 9 of 9 ECONOMIC DEVELOPMENT (O1) Resolution 15-R-14, Authorizing the City Manager to Execute a TIF Forgivable Loan Agreement and Promissory Note with Autobarn Motors, Ltd. Economic Development Committee and staff recommend approval of Resolution 15-R-14, which authorizes the City Manager to execute a TIF Forgivable Loan Agreement and Promissory Note with Autobarn Motors, Ltd. This agreement provides funding in an amount not to exceed $2.5 million from the Howard/Hartrey Tax Increment Financing (TIF) District to Autobarn for rehabilitation of the property located at 222 Hartrey Avenue. For Action (O2) Resolution 12-R-14, Authorizing the City Manager to Execute a Sales Tax Sharing Agreement with Autobarn Motors, Ltd. Economic Development Committee and staff recommend approval of Resolution 12-R-14, which authorizes the sharing of the City’s portion of the sales tax remitted by Autobarn on a 50/50 sharing basis for a period no greater than 48 months. For Action MEETINGS SCHEDULED THROUGH APRIL 2014 Upcoming Aldermanic Committee Meetings: Wed, Apr 16 6:30 pm M/W/EBE Advisory Committee Tues, Apr 22 7:30 pm Housing & Community Development Act Ctte Wed, Apr 23 6 pm Transportation/Parking Committee Wed, Apr 23 7:30 pm Economic Development Committee Fri, Apr 25 7 am Housing & Homelessness Commission Mon, Apr 28 6 pm A&PW, P&D, City Council 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. 4/4/2014 3:08 PM 9 of 537 ANNUAL TOWN MEETING NOTICE IS HEREBY GIVEN To the legal voters, residents of the Town of Evanston in the County of Cook and State of Illinois, that the Annual Town Meeting of said Town will take place on Tuesday, April 8, 2014 Being the second Tuesday of said month at the hour of 7:00 PM. At for the transaction of the miscellaneous business of the said town; and after a Moderator having been elected, will proceed to hear and consider reports of officers, and decide on such measures as may, in pursuance of law, come before the meeting; and especially to consider and decide the following AGENDA 1. Call to Order – Town Clerk, Hon. Rodney Greene, MMC 2. Pledge Allegiance to the Flag 3. Announcement of Legal Notice of Publication – Town Clerk, Hon. Rodney Greene, MMC 4. Administration of Oath for Moderator 5. Approval of Minutes of 2013 Annual Town Meeting 6. Financial Report – Town Clerk, Hon. Rodney Greene, MMC 7. Annual Report - Town Supervisor, Mr. Wally Bobkiewicz 8. Annual Report – Town Assessor, Hon. Bonnie Wilson 9. Citizen Comments (each speaker will have 6 minutes) 10. Motion to approve next Annual Town Meeting (Tuesday, April 14, 2015) 10 of 537 11. Old Business 12. New Business 13. Adjournment 11 of 537 ADMINISTRATION & PUBLIC WORKS COMMITTEE Tuesday, April 8, 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 March 24, 2014 III. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through March 23, 2014 $2,670,255.30 (A2) City of Evanston Bills -- April 9, 2014 $3,381,156.82 City of Evanston Credit Cards through February 28, 2014 $ 120,686.35 For Action (A3.1) Approval of Agreement with CDM Smith for Reservoir and Clearwell Planning Study (RFP 14-10) Staff recommends City Council authorize the City Manager to execute an agreement for the Reservoir and Clearwell Planning Study with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $86,359. Funding is provided by the Water Fund, Account 733126.62140, with a budget of $100,000 for FY 2014. This item was held in Committee on March 24, 2014. For Action (A3.2) Approval of Tree Purchase from Suburban Tree Consortium for Spring Planting Staff recommends approval of the purchase of 312 trees and planting services for 150 trees from Suburban Tree Consortium (STC) in the amount of $77,536.76. Funding for this purchase is provided from two sources: 1) Parks & Forestry Maintenance Account 2655.65005, with a total budget of $150,300 which is used for both the spring and fall planting seasons; and 2) the “Replant Express” program, which allows residents to pay $250 (the cost of the tree plus delivery) to be added to the planting list immediately. For Action Rev. 4/4/2014 2:40:38 PM 12 of 537 (A3.3) Approval of Contract with Sunrise Tree Service Company for 2014 Dutch Elm Injection Program ( Bid14-15) Staff recommends City Council authorize the City Manager to execute a contract in the amount of $761,745 with Sunrise Tree Service Company (110 Midlothian Road, Hawthorne Woods, IL) for the 2014 Dutch Elm Disease Control Program. Funding is provided by FY2014 approved one-time expenditures in the amount of $200,000 and reserve funds set aside from previous years in the amount of $557,216 (Account 100.41332). The balance of funding for this contract ($4,529) will be made up using a portion of the $46,000 remaining in General Fund Dutch Elm Disease Account (2655.62496). For Action (A3.4) Approval of Contract Extension with Golf Mill Ford Inc. for Ford Original Equipment Manufacturer (OEM) Parts (Bid 12-118) Staff recommends City Council authorize the City Manager to execute the agreement for a one-year contract extension for the purchase of Ford Original Equipment Manufacturer (OEM) parts in the amount of $88,500 with Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL). Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Account (7710.65060). For Action (A3.5 Approval of Contract Extension with Arrow Road Construction for Hot Mix Asphalt (Bid 12-34) Staff recommends City Council authorize the City Manager to execute the agreement for a one-year contract extension for the purchase of 500 tons of modified hot mix asphalt at a cost of $52 per ton and 300 tons of modified hot mix binder at the cost of $44 per ton with Arrow Road Construction dba Healy Asphalt (3401 South Busse Road, Mt. Prospect, IL) for Fiscal Year 2014 for a cost of $39,200. Funding is provided by the FY 2014 General Fund Street and Alley Account (2670.65055), the Water Fund Account (7115.65051), and the Sewer Fund Account (7400.65051). For Action (A3.6) Approval of Purchase of Davis Streetscape Furniture from Landscapeforms Staff recommends City Council approval of the single source purchase of the streetscape furniture items for Davis Street from Landscapeforms (431 Lawndale Avenue, Kalamazoo, MI) in the amount of $51,006.00. Funding is provided by: $22,952.70 from the Washington National TIFF; and $28,053.30 from the CIP Fund (416438). For Action Rev. 4/4/2014 2:40:38 PM 13 of 537 (A4) Resolution 14-R-14 Authorization for the City Manager to Negotiate and Execute Residential Lease for 631 Howard Street, Unit 2 Staff recommends that City Council approve Resolution 14-R-14 authorizing the City Manager to execute a residential lease with Anne Carlson and Cody Modeer for an apartment located at 631 Howard Street, Unit 2. For Action (A5) Resolution 22-R-14 Authorization for the City Manager to Negotiate and Execute Residential Lease for 631 Howard Street, Unit 1 Staff recommends that City Council approve Resolution 22-R-14 authorizing the City Manager to execute a residential lease with Marcus T. Yakhnis and Nicole M. Mickels for an apartment located at 631 Howard Street, Unit 1. For Action (A6) Resolution 13-R-14, Authorizing City Manager to Execute a License Agreement with Chiaravalle Montessori School for Use of Currey Park to locate Temporary Mobile Classrooms Staff recommends approval of Resolution 13-R-14 to authorize the City Manager to execute a license agreement with Chiaravalle Montessori School (“Chiaravalle”) for use of a portion of Currey Park to locate temporary mobile classrooms for a 10-month period. For Action (A7) Resolution 20-R-14, Authorizing City Manager to Execute an Easement Agreement with Chiaravalle Montessori School Staff recommends approval of Resolution 20-R-14 to authorize the City Manager to execute an easement agreement with Chiaravalle Montessori School (“Chiaravalle”) to provide for easements for the benefit of Chiaravalle on and under the City’s park property commonly known as “Currey Park”. For Action (A8) Ordinance 51-O-14, Approving and Authorizing Revenue Bonds and Related Matters Thereto (Chiaravalle Conduit Financing) Staff recommends City Council approval of Ordinance 51-O-14 as introduced, for purposes of final action on April 28, 2014. Chiaravalle has requested the City act as the conduit financing authority for their debt issuance as a part of the expansion of their renovations originally started with the City’s initial conduit debt issuance in April 2010. The City will not incur a liability to repay this debt in the event of a default by Chiaravalle. For Introduction Rev. 4/4/2014 2:40:38 PM 14 of 537 (A9) Ordinance 41-O-14 Amending the City Code to Establish a 4-Way Stop Control at the Intersection of Broadway Avenue and Jenks Street Staff recommends adoption of Ordinance 41-O-14 by which the City Council would amend Section 10-11-5(D), Schedule V(D) of the City Code to establish a 4-Way Stop Control at the intersection of Broadway Avenue and Jenks Street. For Introduction (A10) Ordinance 42-O-14, Amending Class P-1 Liquor License Local Liquor Commissioner recommends City Council adoption of Ordinance 42- O-14. Class P-1 liquor license is the craft brewery license. Several different licensees and license applicants will be operating in the City. Each licensee has different business models regarding product sampling or sale in their taprooms. The requirements of food service are more clearly defined in this Code amendment in order to match the scale of food service required, to the amount of craft beer offered for sampling and sold for on-site tasting. For Introduction (A11) Ordinance 43-O-14, Decreasing the Number of Class C Liquor Licenses for La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue Staff recommends City Council approval of Ordinance 43-O-14 which decreases the number of authorized Class C liquor licenses from 23 to 22, due to issuance of an upgraded liquor license C-1 to La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620 Orrington Avenue. For Introduction (A12) Ordinance 44-O-14, Increasing the Number of Class C-1 Liquor Licenses for La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue Staff recommends City Council approval of Ordinance 44-O-14 which increases the number of authorized Class C-1 liquor licenses from five to six to permit issuance to La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620 Orrington Avenue. For Introduction (A13) Ordinance 45-O-14, Decreasing the Number of Class I Liquor Licenses for Ward Eight LLC d/b/a Ward Eight, 629 Howard Street. Staff recommends City Council approval of Ordinance 45-O-14 which amends Evanston City Code of 2012 Subsection 3-4-6-(I), as amended, to decrease the number of authorized Class I liquor licenses from one to zero due to issuance of an upgraded Class D liquor license to Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street. For Introduction Rev. 4/4/2014 2:40:38 PM 15 of 537 (A14) Ordinance 46-O-14, Increasing the Number of Class D Liquor Licenses for Ward Eight LLC d/b/a Ward Eight, 629 Howard Street Staff recommends City Council approval of Ordinance 46-O-14 which amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from 49 to 50 to permit issuance to Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street. For Introduction (A15) Ordinance 49-O-14, Increasing the Number of Class P-1 Liquor Licenses for Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago Avenue, Suite E2 Staff recommends City Council approval of Ordinance 49-O-14 which amends Evanston City Code of 2012 Subsection 3-4-6-(P-1), as amended, to increase the number of authorized Class P-1 liquor licenses from one to two, and permit issuance of a Class P-1 license to Common Culture Beer Co., d/b/a Sketchbook Brewing Co. (“Company”), 825 Chicago Avenue, Suite E2. For Introduction (A16) Ordinance 40-O-14, Recognizing the Cessation of Evanston Township and Codifying the City’s Assumption of the Duties and Obligations of Evanston Township Staff recommends City Council adoption of Ordinance 40-O-14. This ordinance is companion legislation to Ordinance 52-O-14. A companion resolution, 1T-R- 14, will be on the agenda for action by the Town Board at the April 28, 2014 meeting. That resolution will discontinue, abolish, and cease Township operations as of April 30, 2014. For Introduction (A17) 52-O-14, Creating the City of Evanston General Assistance Fund and Defining Other City Duties and Obligations Staff recommends City Council adoption of Ordinance 52-O-14. This ordinance is companion legislation to Ordinance 40-O-14. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS VI. ADJOURNMENT Rev. 4/4/2014 2:40:38 PM 16 of 537 Administration and Public Works Committee Meeting Minutes of March 24, 2014 Council Chambers – 6:00 p.m. Lorraine H. Morton Civic Center MEMBERS PRESENT: A. Rainey, P. Braithwaite, D. Holmes, C. Burrus, J. Grover STAFF PRESENT: S. Robinson, M. Lyons, G. Farrar, W. Bobkiewicz, D. Stoneback, H. Pirooz, C. Plante, J. McRae, R. Voss, T. Turner, L. Gergits, L. Biggs STAFF ABSENT: L. Jeschke, J. Maiworm, J. Williams-Kinsel, A. Porta, B. Dorneker, R. Dahal, B. Dieter, Chief Klaiber, J. Murphy J. Calderon, S. Flax, E. Thomas-Smith, Chief Eddington, P. D’Agostino, PRESIDING OFFICIAL: Ald. Rainey I. DECLARATION OF QUORUM A quorum being present, Ald. Rainey called the meeting to order at 6:04 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 10, 2014. Ald . Burrus moved to approve the minutes of the March 10, 2014 A&PW meeting as submitted, seconded by Ald. Grover. The minutes of the March 10, 2014 meeting were approved unanimously 5-0. III. PUBLIC COMMENT Junad Rizki, 2784 Sheridan, addressed Item A3.2 Approval of 2014 CIPP Sewer Rehabilitation Contract A with Insituform Technologies USA, LLC (Bid 14-12). His concern is the possibility of highly toxic vapors seeping to resident’s homes if they are not connected correctly to the system. Mr. Rizki was made aware of a lawsuit filed against a contractor in Winnetka because vapors entered a home in a similar project. He feels that the City should take responsibility to inform residents to prevent potential problems. He mentioned a past transponder issue where he feels the City did not properly inform the public that resulted in resident’s receiving erroneous water bills. Mr. Rizki also addressed Item A3.3 Approval of Agreement with CDM Smith for Reservoir and Clearwell Planning Study (RFP 14-10). He noted the differences in the proposals from 2010 and 2012 by CTL. The 2010 proposal determined that significant concrete repair work will be needed in the near future. The 2012 proposal revealed extensive cracking in the roof of the reservoir and recommended repair or replacement within 5 years. DRAFT- NOT APPROVED 17 of 537 Administration and Public Works Committee Meeting Minutes of 3-24-14 Page 2 of 10 Mr. Rizki requested that the Utilities Department explain the reasoning for each of the options presented. He was very concerned that one of the options included digging up Leahy Park and vacating it for 2 years without notifying residents. Mr. Rizki inquired if the Council has seen a copy the study conducted by Walker Restoration Consultants prepared for Northwestern University at their expense, or well as a copy of the CTL report prepared by the City. The estimated cost to demolish the entire roof slab and drop panels at $3.8 to $6.7 million. He cited the final conclusion of the Walker Report: “A less intrusive repair approach could be implemented and will extend the service life of the structure an additional 15-20 years.” He added that because the entire structure is not being torn apart it is a “green option” for the City at the cost of between $2.5 and $3.5 million. Ald. Rainey asked for a detailed response to both items. She also for a response to the critique of the reservoir study by the time the full Council meets tonight. At Ald. Rainey’s request, Utilities Director Dave Stoneback explained that the chemical being used for the sewer lining is not at a high enough level to cause an issue. It does have a strong odor. A newsletter is mailed out prior to the beginning of the project instructing residents to fill their floor traps with water to prevent the odor from entering their property. He is also unfamiliar with a lawsuit filed in Winnetka for a similar project. Ald. Braithwaite asked Director Stoneback to explain the difference between the lining project with the main water department and this project. Director Stoneback explained that the resin used to cure the pipe is different. Ald. Holmes suggested that because there is a need for a resident to fill their traps with water to prevent the odor seeping into their homes, an alert will be highlighted in the newsletter. Director Stoneback agreed to modify the newsletter. Ald. Rainey strongly suggests a comparative analysis of the recommendations of the Walker Report and the recommendations from CDM Smith. It is very important that there is no bias in the determination. City Manager Bobkiewicz explained that the purpose of the contract on the agenda tonight is to ensure that all questions are answered before moving forward. He is very committed to providing all possible data to Council to make an informed decision. IV. ITEMS FOR CONSIDERATION (A1) City of Evanston Payroll through 3/9/14 $2,702,907.62 (A2) City of Evanston Bills 3/25/14 $2,513,982.69 For Action Ald. Burrus moved to approve the City of Evanston Payroll (A1) through 3/9/14 seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to approve the payroll. 18 of 537 Administration and Public Works Committee Meeting Minutes of 3-24-14 Page 3 of 10 Ald. Burrus moved to approve the City of Evanston Bills through 3/25/14, seconded by Ald. Grover. The Committee voted unanimously 5-0 to approve the bills. At Ald. Rainey’s inquiry, Assistant City Manager Lyons explained that a year ago the JD Edwards system began showing signs of distress. The New World install schedule was adjusted to allow implementation of the Payroll and Human Resources module prior to the Financial Management module. After months of work, staff was informed that the Payroll and Human Resources modules would not work properly without the Financial Management System available. This caused the entire system implementation to be delayed by six months. The Financial Management System is currently working as presented. Payroll and Human Resources implementation is moving forward as scheduled. Assistant City Manager Lyons will provide a status report at the end of May. At Ald. Rainey’s inquiry, Assistant City Manager Lyons explained that a preemptive message was communicated to New World informing them that there will be no discussion of change orders or increases for the project. There were changes in staff on both sides that contributed to the delay in the Payroll and Human Resources implementation. Staff is very committed to completing this project on time and at budget. This summer the E-suite module, where employees will enter their time worked, will be implemented. He added that this module will increase efficiency because there will be less people performing redundant tasks. (A3.1) Approval of Contract with CTR Systems, Inc. for 2014 CIPP Spot Line Sewer Rehabilitation (Bid 14-13) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 CIPP Spot Line Sewer Rehabilitation with CTR Systems, Inc. (7400 Waukegan Road, Niles, IL) in the amount of $48,114. Funding is provided by the Sewer Fund, Account 7400.62461, which has a FY 2014 budget of $215,000. For Action Ald. Grover moved to recommend City Council authorize the City Manager to execute a contract for the 2014 CIPP Spot Line Sewer Rehabilitation with CTR Systems, Inc. in the amount of $48,114, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.2) Approval of 2014 CIPP Sewer Rehabilitation Contract A with Insituform Technologies USA, LLC (Bid 14-12) Staff recommends that City Council authorize the City Manager to execute a contract for the 2014 Cured-In-Place Pipe Lining Contract A with Insituform Technologies USA, LLC (17988 Edison Avenue, Chesterfield, MO) in the amount of $318,989.40. Funding is provided by the Sewer Fund, Account 7420.62461, which has a FY 2014 budget allocation of $515,000. For Action 19 of 537 Administration and Public Works Committee Meeting Minutes of 3-24-14 Page 4 of 10 Ald. Holmes moved to recommend that City Council authorize the City Manager to execute a contract for the 2014 Cured-In-Place Pipe Lining Contract A with Insituform Technologies USA, LLC in the amount of $318,989.40, seconded by Alderman Grover. At Ald. Grover’s inquiry, Director Stoneback confirmed that the City would never intentionally expose its residents or staff to toxic chemicals. He explained that the product used in the CIPP lining is called Styrene, which is heated to change from a liquid to a solid state to form a new pipe inside the existing pipe. At a high concentration it can be toxic. However, the sewer application concentration is not high enough to be toxic. It does have a very pungent smell. To his knowledge no one has ever become sick or injured and he is not aware of any lawsuits related to it. Director Stoneback explained that there is another resident, Mrs. Shapiro, who has expressed concern in the past about this type of project. Her home is near the site where the Metropolitan Water Reclamation District completed similar projects on three different contracts. She and others in the area have reported smelling the fumes during the project, but no reports of illness. Ald. Grover added that with the number of residents and business in proximity to these projects, she has not had many complaints over the years. Director Stoneback confirmed that residents will be informed about the projects by a special bolded section in the newsletter. After discussion, the Committee voted unanimously 5-0 to recommend approval of the contract. (A3.3) Approval of Agreement with CDM Smith for Reservoir and Clearwell Planning Study (RFP 14-10) Staff recommends City Council authorize the City Manager to execute an agreement for the Reservoir and Clearwell Planning Study with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $86,359. Funding is provided by the Water Fund, Account 733126.62140, with a budget of $100,000 for FY 2014. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute an agreement for the Reservoir and Clearwell Planning Study with CDM Smith in the not-to-exceed amount of $86,359, seconded by Ald. Grover. At Ald. Grover’s inquiry, Director Stoneback explained that Evanston is unique because 80% of our water supply goes to our wholesale water customers. The standard rule of thumb is to provide 15% of our plant-rated capacity onsite storage. Evanston’s contract with the Northwest Water Commission states that they are not interested in increasing our reservoir storage because they have their own 25 million gallon reservoir. We have less than 9.4 million gallons of usable water available in the clearwell due to the inability to pump all of it because we lose suction while there is still 3 feet of water in the structure. 20 of 537 Administration and Public Works Committee Meeting Minutes of 3-24-14 Page 5 of 10 Ald. Grover commented that the consultants will help us evaluate the best of the options listed in the memo for water storage. She added that by assessing our options we are being creative and innovative about how we envision water storage to assist our water plant and our capacity needs. At Ald. Grover’s inquiry, Director Stoneback stated there is a 48-inch diameter transmission main that runs from the water plant to Leahy Park and splits into two 36-inch mains headed toward Skokie. This could be a potential site for a reservoir. He added that it would be quite a while before any ground breaking could happen, if this option is chosen. Director Stoneback explained that Alternate 6 is to rehabilitate the existing roof in place using the post-tension method as defined in the Walker Report. All of the completed reports are included on the City’s website for review. He has asked a non-draft copy of the Walker report. Once received, it will be posted to the website as well. At Ald. Braithwaite’s inquiry, Director Stoneback confirmed that four apprentices were hired in this year’s budget. The Utilities Department is looking to add a fifth apprentice this year. After discussion, the Committee voted unanimously 5-0 to recommend approval of the agreement. (A3.4) Approval of Renewal of Annual Harris Computer Systems Maintenance and Support Agreement for Utility Billing Software Staff recommends that City Council authorize the City Manager to execute a renewal of the annual sole source maintenance and support agreement for the term March 1, 2014 through February 28, 2015 with Harris Computer Systems (1 Antares Drive, Suite 400, Ottawa, Ontario) for Harris NorthStar Utility Billing software in the amount of $42,698.96. Funding is provided by the Utilities Department, Account 7125.62340. For Action Ald. Burrus moved to recommend authorizing the City Manager to execute a renewal of the annual sole source maintenance and support agreement for the term March 1, 2014 through February 28, 2015 with Harris Computer Systems for Harris NorthStar Utility Billing software in the amount of $42,698.96, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.5) Approval of the Purchase of Two Replacement Vehicles for Utilities Department Staff recommends City Council approval for the purchase of two (2) replacement vehicles for the Utilities Department in the total amount of $167,808 as follows: from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL) in the amount of $34,511 and from Rush Truck Center (formerly Prairie Archway International, 401 S. Dirksen Parkway, Springfield, IL) in the amount of $133,297. Funding is provided by the Water Capital Outlay budget, Account 7130.65550, with a total FY2014 allocation of $184,600. 21 of 537 Administration and Public Works Committee Meeting Minutes of 3-24-14 Page 6 of 10 For Action Ald. Grover recommended that the City Council approve the purchase of two (2) replacement vehicles for the Utilities Department in the total amount of $167,808 as follows: from Currie Motors in the amount of $34,511 and from Rush Truck Center in the amount of $133,297, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to approve these purchases. (A3.6) Approval of the Purchase of Eight Police Replacement Vehicles from Currie Motors for 2014 Staff recommends City Council approval for the purchase of eight (8) police vehicles in the total amount of $212,104.00 from Currie Motors (9423 W. Lincoln Highway, Frankfort, IL). Funding is provided by the Equipment Replacement Fund, Account 7780.65550, which has a FY2014 budget of $2,694,000. For Action Ald. Holmes moved to recommend City Council approval for the purchase of eight (8) police vehicles in the total amount of $212,104.00 from Currie Motors, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to recommend approval of the purchases. (A3.7) Approval of Contract Renewal with Havey Communications Inc. for Emergency Lighting & Sirens (Bid 13-15) Staff recommends City Council authorize the City Manager to execute a one (1) year contract renewal for the purchase of emergency lighting, sirens and after-market products and services in the amount of $68,973.60 with Havey Communications Inc. (28835 Herky Drive #117, Lake Bluff, IL). Funding is provided by: 50% from the Equipment Replacement Account 7780.65550, and 50% from the Fleet Maintenance Account 7710. 65060. Havey has agreed to hold their present pricing, terms and conditions for 2014. For Action Ald. Braithwaite moved to recommend City Council authorize the City Manager to execute a one (1) year contract renewal for the purchase of emergency lighting, sirens and after-market products and services in the amount of $68,973.60 with Havey Communications Inc., seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the contract renewal. (A3.8) Approval of Contract Extension with Ozinga Ready Mix Concrete for Purchase of Concrete Staff recommends City Council authorize the City Manager to execute a one year contract extension with Ozinga Ready Mix Concrete, Inc. (2222 South Lumber Street, Chicago, IL) for a total of $64,000 for the FY2014 purchase of concrete. Funding is provided by: $48,800 from Street and Alley Maintenance, Account 22 of 537 Administration and Public Works Committee Meeting Minutes of 3-24-14 Page 7 of 10 2670.65055; $7,600 from the Water Fund, Account 7115.65051; and $7,600 from the Sewer Fund, Account 7400.65051. For Action Ald. Burrus moved to recommend City Council authorize the City Manager to execute a one-year contract extension with Ozinga Ready Mix Concrete, Inc. for a total of $64,000 for the FY2014 purchase of concrete, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the contract extension. (A3.9) Approval of Agreement with Infrastructure Engineering, Inc. for Engineering Services for Central Street Improvement Project (Hartrey Avenue to Eastwood Avenue) (RFP 13-62) Staff recommends City Council authorize the City Manager to execute the agreement for engineering services for the Central Street Improvement Project in the amount of $297,950 with Infrastructure Engineering, Inc. (33 West Monroe Street, Suite 1540, Chicago, IL). Funding is provided by the FY2014 Capital Improvement Plan (CIP): from the Central Street Sidewalk Project 415924 for $275,000 and the Pedestrian Safety Improvements Project 416434 for $22,950. For Action Ald. Grover moved to recommend City Council authorize the City Manager to execute the agreement for engineering services for the Central Street Improvement Project in the amount of $297,950 with Infrastructure Engineering, Inc., seconded by Ald. Burrus. The Committee voted unanimously 5-0 to recommend approval of the agreement. (A3.10) Approval of 2014 Motor Fuel Tax (MFT) Street Resurfacing Construction Contract with Chicagoland Paving (Bid 14-09) Staff recommends the City Council authorize the City Manager to execute the construction contract for the 2014 MFT Street Resurfacing Project with Chicagoland Paving (225 Telser Road, Lake Zurich, IL) in the amount of $1,119,900. Funding will be provided from the approved 2014 Motor Fuel Tax budget, Account 5100.66515. For Action Ald. Holmes moved to recommend City Council authorize the City Manager to execute the construction contract for the 2014 MFT Street Resurfacing Project with Chicagoland Paving, in the amount of $1,119,900, seconded by Ald. Grover. The Committee voted unanimously 5-0 to recommend approval of the contract. (A3.11) Approval of Additional Project Funding for Safe Routes to School Sidewalk Replacement and Curb Extension Construction Project Staff recommends that City Council authorize the City Manager to approve additional funding of $24,953.95 to the Illinois Department of Transportation for the local share of the Safe Route to School Sidewalk Replacement and Curb Extension 23 of 537 Administration and Public Works Committee Meeting Minutes of 3-24-14 Page 8 of 10 Project. The lowest qualified bid for the project is $274,815.95, which is $24,953.95 over the previously authorized funding level. Funding will be provided by the FY2014 CIP Neighborhood Traffic Calming Project 415870. For Action Ald. Braithwaite moved to recommend that City Council authorize the City Manager to approve additional funding of $24,953.95 to the Illinois Department of Transportation for the local share of the Safe Route to School Sidewalk Replacement and Curb Extension Project, seconded by Ald. Holmes. The Committee voted unanimously 5-0 to recommend the additional funding. (A4) Approval of Utilities SCADA System Upgrades Change Order No. 2 (Bid 11-42) Staff recommends that City Council authorize the City Manager to execute Change Order No. 2 for the SCADA System Upgrades with Allan Integrated Control Systems, Inc. (2021 Beulah Avenue, East Troy, WI). This final change order will decrease the total value of the contract by $17,012.77 from $1,649,642.00 to $1,632,629.23 and increase the total contract time by 335 days. For Action Ald. Burrus moved to recommend that City Council authorize the City Manager to execute Change Order No. 2 for the SCADA System Upgrades with Allan Integrated Control Systems, Inc. decreasing the total value of the contract by $17,012.77 from $1,649,642.00 to $1,632,629.23 and increase the total contract time by 335 days, seconded by Ald. Holmes. At Ald. Rainey’s inquiry Lara Biggs, Superintendent of Construction and Field Services, explained that Allan ICS experienced some difficulty staffing the project appropriately and producing proper written documentation. The project is complete and working properly. The dollar value for the extra time spent on the documentation work performed by CDM Smith was deducted from the Allan ICS’s contract. This does not necessitate a change order because the project was finished under budget. Ms. Biggs explained that Allan ICS had good references. However, we required a level of documentation beyond what they have typically done and they struggled completing it. The Committee voted unanimously 5-0 to recommend approval of the change order. (A5) Resolution 17-R-14, FY2013 Budget Amendment Staff recommends adoption of Resolution 17-R-14, authorizing the City Manager to increase the total Fiscal Year 2013 appropriation by $2,278,752, to a new total of $256,214,008. For Action Ald. Grover moved to recommend adoption of Resolution 17-R-14, authorizing the City Manager to increase the total Fiscal Year 2013 appropriation by $2,278,752, to a new total of $256,214,008, seconded by Ald. Burrus. The Committee voted unanimously 5-0 to recommend adoption of the 24 of 537 Administration and Public Works Committee Meeting Minutes of 3-24-14 Page 9 of 10 resolution. (A6) Approval of Grant Agreement with the Illinois Historic Preservation Agency to Inventory and Record Landmark Properties Located Outside Local Historic Districts Staff recommends that the City Council authorize the City Manager to sign a grant agreement for $53,200 with the Illinois Historic Preservation Agency (IHPA) to inventory and record with the Cook County Recorder of Deeds designated Evanston landmarks located outside local Evanston Historic Districts. The grant is $37,240 to be reimbursed to the City, with the City’s match of $15,960. Following the March 10, 2014 Administration & Public Works Committee meeting, staff revisited the City contribution and was able to decrease the City’s financial expenditure to $3,990 through the increased utilization of volunteers. For Action Ald. Holmes moved to recommend that the City Council authorize the City Manager to sign a grant agreement for $53,200 with the Illinois Historic Preservation Agency (IHPA) to inventory and record with the Cook County Recorder of Deeds designated Evanston landmarks located outside local Evanston Historic Districts, seconded by Ald. Burrus. The Committee voted 4-1, with Ald. Rainey against the grant agreement with the IHPA. (A7) Approval of 2014 Special Events Calendar Staff recommends City Council approval of the 2014 calendar of special events, contingent upon compliance of all requirements as set forth by the Special Event Policy & Guidelines. This year’s calendar includes four new proposed events; two of which are low-impact events that involve use of the lakefront path. Costs for City services provided for events require a 100% reimbursement from the sponsoring organization or event coordinator. For Action Ald. Braithwaite moved to recommend City Council approval of the 2014 calendar of special events, contingent upon compliance of all requirements as set forth by the Special Event Policy & Guidelines, seconded by Ald. Grover. Ald. Braithwaite noted that the City added two events to the lakefront. At Ald. Rainey’s inquiry, Deputy City Manager/Director of Parks & Recreation and Community Services confirmed that Bike the Ridge will be held on September 28, 2014 from 9am-1pm. Director McRae also confirmed that the Special Events Committee meets every other Wednesday. Ald. Rainey asked Director McRae to notify Judge Hanson of those meetings. Ald. Grover welcomed two new events, a bike race and the Evanston Art and Big Fork. Director McRae explained that The Evanston Art and Big Fork event is being brought to Evanston by Amy Amdur Productions. They are looking to work with the City and the Arts Council for this event. 25 of 537 Administration and Public Works Committee Meeting Minutes of 3-24-14 Page 10 of 10 The Committee voted unanimously 5-0 to approve the 2014 calendar of special events. V. ITEMS FOR DISCUSSION VI. COMMUNICATIONS VII. ADJOURNMENT Ald. Grover moved to adjourn, seconded by Ald. Braithwaite. The Committee voted unanimously 5-0 to adjourn. The meeting was adjourned at 6:56p.m. Respectfully submitted, Janella Hardin 26 of 537 To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Martin Lyons, Assistant City Manager/Chief Financial Officer Shannon Sheriff, Accounts Payable Coordinator Subject: City of Evanston Payroll and Bills Date: April 3, 2014 Recommended Action: Staff recommends approval of the City of Evanston Payroll and Bills List. Continuing in 2014 the bills list will not include the Evanston Public Library. The Library bills will be included for informational purposes in the Treasurer’s Monthly Report. Summary: Payroll – March 10, 2014 through March 23, 2014 $2,670,255.30 (Payroll includes employer portion of IMRF, FICA, and Medicare) Bills List – April 9, 2014 $3,381,156.82 General Fund Amount – Bills list $ 310,120.88 General Fund Amount – Supplemental list $ 174,839.46 General Fund Total: $ 484,960.34 TOTAL AMOUNT OF BILLS LIST & PAYROLL $6,051,412.12 *Advanced checks are issued prior to submission of the Bills List to the City Council for emergency purposes, to avoid penalty, or to take advantage of early payment discounts. Credit Card Activity – Period Ending February 28, 2014 $120,686.35 Attachments: Bills List, February Credit Card Transactions For City Council meeting of April 8, 2014 Item A1/A2 Business of the City by Motion: City Payroll and Bills For Action Memorandum 27 of 537 100  GENERAL FUND 1300  CITY COUNCIL 62456 ON TRACK FULFILLMENT INC. POST CARD MAILING‐5TH & 7TH WARD  MEETING 606.20 1300  CITY COUNCIL Total 606.20 1400  CITY CLERK 65095 THOMPSON INFO. SERVICES FAMILY & MEDICAL LEAVE HANDBOOK 536.99 65515 COOK COUNTY RECORDER OF  DEEDS RECORDINGS 5.00 1400  CITY CLERK Total 541.99 1505  CITY MANAGER 62295 WALTER BOBKIEWICZ ICMA CONFERENCE 92.96 1505  CITY MANAGER Total 92.96 1510  PUBLIC INFORMATION 62210 FISHER, JENNIFER *WRITING ANNUAL REPORT 500.00 1510  PUBLIC INFORMATION Total 500.00 1705  LEGAL ADMINISTRATION 62509 SUSAN D BRUNNER HEARING OFFICER 2,730.00 62509 ANJANA HANSEN HEARING OFFICER 1,170.00 62509 JEFFREY D. GREENSPAN HEARING OFFICER 1,530.00 62509 MITCHELL C. EX HEARING OFFICER 1,575.00 65010 WEST GROUP PAYMENT CTR MONTHLY NEWSLETTER 86.00 65010 WEST GROUP PAYMENT CTR WESTLAW MONTHLY CHARGES 807.69 65010 LAW BULLETIN PUBLISHING  COMPANY COURT BRIEFS SUBSCRIPTION 354.00 1705  LEGAL ADMINISTRATION Total 8,252.69 1905  ADM.SERVICES 62185 ACCOUNTEMPS COLLECTION COORDINATOR 3,960.00 65095 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 1905  ADM.SERVICES Total 3,999.00 1910  FINANCE DIVISION ‐ REVENUE 52010 ROMERO, JOSE COLLECTOR'S OFFICE OVERPAYMENT 75.00 62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 2,487.80 62449 DUNCANPARKING  TECHNOLOGIES, INC. CITATION MANAGEMENT 21,965.54 65045 FEDERAL EXPRESS CORP. SHIPPING 20.30 65095 OFFICE DEPOT OFFICE SUPPLIES‐PAPER/TAPE 151.42 65095 OFFICE DEPOT OFFICE SUPPLIES‐POUCH/ENVELOPES 72.84 1910  FINANCE DIVISION ‐ REVENUE Total 24,772.90 1920  FINANCE ‐ ACCOUNTING 62185 ACCOUNTEMPS CONSULTING SERVICES 2,596.88 1920  FINANCE  ‐ ACCOUNTING Total 2,596.88 1929  HUMAN RESOURCE DIVISION 62160 DIRECTOR, IL STATE POLICE FINGERPRINTING 31.50 62160 LASER ASSOC PRE EMPLOYMENT TESTING‐POLICE 2,700.00 62160 NORTH SHORE ENH OMEGA TESTING FOR FIREFIGHTER CANDIDATES 6,075.00 62270 NORTH SHORE ENH OMEGA RANDOM CONSORTIUM 6,435.00 62270 HEALTH ENDEAVORS, S.C. PRE EMPLOYMENT PHYSICALS‐FIRE 2,940.00 62274 I/O SOLUTIONS, INC PROMOTIONAL PROCESSES 5,230.00 62509 EAP CONSULTANTS, INC. MONTHLY INVOICE 988.20 1929  HUMAN RESOURCE DIVISION Total 24,399.70 1932  INFORMATION TECHNOLOGY 62175 IRON MOUNTAIN OSDP STORAGE 608.78 62185 BRAVESOFT TECH, INC ORACLE/SQL SUPPORT 1,430.00 62250 SMS SYSTEMS MAINTENANCE COMPUTER HARDWARE 590.80 62340 MUNICIPAL CODE CORP. LASERFICHE ANNUAL EPD LICENSE 17,779.30 64505 AT & T COMMUNICATION CHARGES 1,623.76 64505 CALL ONE COMMUNICATION CHARGES 8,408.84 64540 VERIZON WIRELESS COMMUNICATION CHARGES 1,227.41 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 1 *ADVANCED PAYMENTS28 of 537 1932  INFORMATION TECHNOLOGY Total 31,668.89 1941  PARKING ENFORCEMENT 52505 GELA, WILLIAM COLLECTOR'S OFFICE OVERPAYMENT 15.00 52505 FILLIPPINI, MARY COLLECTOR'S OFFICE OVERPAYMENT 30.00 52505 JEANPOIS, LESLY COLLECTOR'S OFFICE OVERPAYMENT 55.00 64005 COMED UTILITIES‐FEBRUARY 148.18 64540 NEXTEL COMMUNICATION CHARGES 410.61 1941  PARKING ENFORCEMENT Total 658.79 2101  COMMUNITY DEVELOPMENT 62210 ALLEGRA PRINT & IMAGING PRINTING‐BUSINESS CARDS 39.00 2101  COMMUNITY DEVELOPMENT Total 39.00 2120  HOUSING REHABILITATION 64540 NEXTEL COMMUNICATION CHARGES 121.90 65095 OFFICE DEPOT OFFICE SUPPLIES‐CALCULATORS/WIPES 14.44 65095 OFFICE DEPOT OFFICE SUPPLIES‐PAPER/STYLUS 14.52 2120  HOUSING REHABILITATION Total 150.86 2126  BUILDING INSPECTIONS 62145 MOSHE CALAMARO & ASSOC STRUCTURAL ENGINEERING 195.00 62425 ELEVATOR INSPECTION ELEVATOR INSPECTION 2,896.00 62464 SAFEBUILT ILLINOIS INSPECTION SERVICES 1,397.63 64540 NEXTEL COMMUNICATION CHARGES 159.90 65095 OFFICE DEPOT OFFICE SUPPLIES‐CALCULATORS/WIPES 43.32 65095 OFFICE DEPOT OFFICE SUPPLIES‐PAPER/STYLUS 43.55 2126  BUILDING INSPECTIONS Total 4,735.40 2205  POLICE ADMINISTRATION 62210 H & H PRINTING PRINTING HANDBOOKS 954.79 62360 RING, MARIANNE CONSULTANT 1,258.00 62360 NELSON, KELLI CONSULTANT 907.12 62375 PORTER LEE CORPORATION CONSULTANT 2,900.00 64005 COMED UTILITIES‐FEBRUARY 171.23 65085 UNITED SERVICES BOARD‐UP 180.00 65125 MALONE, FRANK REIMBURSEMENT‐DAMAGED FENCE 599.00 65125 THE SHRED AUTHORITY DOCUMENT SHREDDING 500.00 2205  POLICE ADMINISTRATION Total 7,470.14 2210  PATROL OPERATIONS 65015 B&H PHOTO VIDEO EVIDENCE PROPERTY EQUIPMENT 456.98 65020 VCG UNIFORM UNIFORMS 322.90 2210  PATROL OPERATIONS Total 779.88 2225  SOCIAL SERVICES BUREAU 65125 CENTRAL RUG & CARPET CO. RUG CLEANING 150.00 2225  SOCIAL SERVICES BUREAU Total 150.00 2245  COMMUNICATIONS 64540 NEXTEL COMMUNICATION CHARGES 2,397.87 2245  COMMUNICATIONS Total 2,397.87 2250  SERVICE DESK 65040 GRAINGER, INC., W.W. MAINTENANCE EQUIPMENT‐VACUUM 312.04 2250  SERVICE DESK Total 312.04 2251  311 CENTER 64505 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 2251  311 CENTER Total 38.01 2255  OFFICE‐PROF. STANDARDS 61055 NET TRANSCRIPTS, INC. TRANSCRIPTS 170.10 2255  OFFICE‐PROF. STANDARDS Total 170.10 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 2 *ADVANCED PAYMENTS29 of 537 2260  OFFICE OF ADMINISTRATION 62295 HENK IVERSON TACTICAL  SYSTEMS LLC TRAINING‐STREET SURVIVAL 7,500.00 62295 OSTAP, ANNA MEALS‐FIRST RESPONDER 45.00 62295 DALEY, ENJOLI MEALS‐WOMEN IN LAW ENFORCEMENT 90.00 62295 GLYNN, ELIZABETH MEALS‐WOMEN IN LAW ENFORCEMENT 90.00 62295 HENDERSON, FRANCESCA MEALS‐WOMEN IN LAW ENFORCEMENT 90.00 62295 NOBLE, TANYA J.MEALS‐WOMEN IN LAW ENFORCEMENT 90.00 62295 SYED, SOPHIA MEALS‐WOMEN IN LAW ENFORCEMENT 90.00 62295 MEYER, MIKHAIL MEALS‐WARRANT SERVICE TACTICS 190.00 62295 HICKS, BRIAN M.MEALS‐WARRANT SERVICE TACTICS 190.00 62295 CARTER, KENNETH MEALS‐WARRANT SERVICE TACTICS 190.00 62295 TAMBURRINO, CHRISTOPHER MEALS‐WARRANT SERVICE TACTICS 190.00 62295 PILLARS, JAMES MEALS‐WARRANT SERVICE TACTICS 190.00 62295 KLOPACK, STEVEN MEALS‐WARRANT SERVICE TACTICS 190.00 62295 JOE DUGAN MEALS‐WARRANT SERVICE TACTICS 190.00 62295 EVANSTON ATHLETIC CLUB ATHLETIC CLUB FEES 528.55 62295 NORTH EAST MULTI‐REGIONAL  TRAINING INC TRAINING 275.00 62295 NPA TRAINING 100.00 62295 MARK POYA MEALS‐WARRANT SERVICE TACTICS 190.00 62295 CHARLOTTE HART MEALS‐WOMEN IN LAW ENFORCEMENT 90.00 62295 BRIAN RUST MEALS‐WARRANT SERVICE TACTICS 190.00 62295 JEFF FAISON MEALS‐FLETC FIRST RESPONDER 45.00 62295 TOM GIESE MEALS‐WARRANT SERVICE TACTICS 190.00 62295 CHRIS TORTORELLO MEALS‐WARRANT SERVICE TACTICS 190.00 62295 ADAM PACK MEALS‐WARRANT SERVICE TACTICS 190.00 64565 COMCAST CABLE COMMUNICATION CHARGES‐FEBRUARY 24.17 65015 STREICHER'S TACTICAL EQUIPMENT 2,430.00 2260  OFFICE OF ADMINISTRATION Total 13,767.72 2270  TRAFFIC BUREAU 62451 MCNEILLY, ELSA REFUND‐TOW & HOOK 265.00 2270  TRAFFIC BUREAU Total 265.00 2280  ANIMAL CONTROL 64015 NICOR UTILITIES‐FEBRUARY 1,433.33 65125 PETSMART ANIMAL SHELTER‐KITTY LITTER 44.94 2280  ANIMAL CONTROL Total 1,478.27 2305  FIRE MGT & SUPPORT 62360 ADDISON FIRE PROTECTION AFFILIATION FEES 450.00 62360 GLFAM MEMBERSHIP 100.00 64015 NICOR UTILITIES‐FEBRUARY 2,371.07 64540 NEXTEL COMMUNICATION CHARGES 517.73 64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.04 65020 W S DARLEY & CO GEAR BAGS 188.05 65020 ON TIME EMBROIDERY, INC. UNIFORMS 2,457.50 65095 OFFICE DEPOT OFFICE SUPPLIES‐PAPER/USB  DRIVE/FOLDERS 139.53 65125 W S DARLEY & CO EXPLORER PROGRAM SUPPLIES 1,011.63 65125 MABAS DIVISION III FIRE OFFICER CREDENTIALING 10.00 2305  FIRE MGT & SUPPORT Total 7,397.55 2310  FIRE PREVENTION 62210 MAIL SORT, INC.MAILING FEE FOR ALARM INVOICING 2,213.95 62210 OFFICE EXPRESS INVOICE ENVELOPES 370.00 2310  FIRE PREVENTION Total 2,583.95 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 3 *ADVANCED PAYMENTS30 of 537 2315  FIRE SUPPRESSION 53675 JABUSCH, WILLARD REFUND‐DOUBLE PAID INVOICE 362.00 62295 ILLINOIS FIRE CHIEFS  ASSOCIATION FIREFIGHTER TRAINING 150.00 62295 MABAS DIVISION III MABAS TRAINING 3,150.00 62295 OAKTON COMM. COLLEGE PARAMEDIC COURSE 6,800.00 62295 NIPSTA FIRE OFFICER TRAINING 350.00 62295 DYNAMIC WATER RESCUE ICE DIVER CERTIFICATION 50.00 62295 DJS SCUBA LOCKER, INC. TRAINING 885.00 62522 AIR ONE EQUIPMENT CALIBRATION GAS 520.00 62522 AIR ONE EQUIPMENT HYDRO TEST 444.00 62522 AIR ONE EQUIPMENT PROTECTIVE GEAR 370.00 65040 GRAINGER, INC., W.W. STATION SUPPLIES 278.94 65085 MURRAYS SPORTS SMALL TOOLS 77.80 2315  FIRE SUPPRESSION Total 13,437.74 2407  HEALTH SERVICES ADMIN 62360 NATIONAL FORUM FOR BLACK  PUBLIC MEMBERSHIP 225.00 2407  HEALTH SERVICES ADMIN Total 225.00 2435 ENVIRONMENTAL HEALTH 62474 MCILWEE, ASHLEY E.LHP GRANT 138.27 62477 NEXTEL COMMUNICATION CHARGES 60.95 62477 VERIZON WIRELESS COMMUNICATION CHARGES‐FEBRUARY 151.39 64540 NEXTEL COMMUNICATION CHARGES 284.75 64540 VERIZON WIRELESS COMMUNICATION CHARGES‐FEBRUARY 60.05 2435 ENVIRONMENTAL HEALTH Total 695.41 2605  DIRECTOR OF PUBLIC WORKS 62210 ALLEGRA PRINT & IMAGING PRINTING‐EVANSTON LIFE PUBLICATION 6,143.00 62210 ON TRACK FULFILLMENT INC. EVANSTON LIFE PUBLICATION 250.00 64540 NEXTEL COMMUNICATION CHARGES 57.60 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 65095 OFFICE DEPOT OFFICE SUPPLIES‐FILES/PENS 222.57 65095 OFFICE DEPOT OFFICE SUPPLIES‐PENS/SURGE OUTLET 179.04 2605  DIRECTOR OF PUBLIC WORKS Total 6,890.22 2610  MUNICIPAL SERVICE CENTER 62225 SMITHEREEN PEST RODENT CONTROL 93.00 62440 METRO DOOR AND DOCK OVERHEAD DOOR MAINTENANCE 747.32 64005 COMED UTILITIES‐FEBRUARY 2014 256.19 65085 INTERSTATE BATTERY OF  NORTHERN CHICAGO BATTERIES 172.96 65090 CINTAS FIRST AID & SUPPLY SUPPLIES‐FIRST AID 87.55 2610  MUNICIPAL SERVICE CENTER Total 1,357.02 2625  ENGINEERING 62210 FEDERAL EXPRESS CORP. SHIPPING 119.06 2625  ENGINEERING Total 119.06 2640  TRAF. SIG. & ST. LIGHT. MAINT 64006 COMED UTILITIES‐FEBRUARY 2014 33,016.17 64007 COMED UTILITIES‐FEBRUARY 2014 9,608.41 64008 COMED UTILITIES‐FEBRUARY 2014 447.43 2640  TRAF. SIG. & ST. LIGHT. MAINT Total 43,072.01 2650  PARKS & FORESTRY ADMIN 64540 NEXTEL COMMUNICATION CHARGES 610.20 2650  PARKS & FORESTRY ADMIN Total 610.20 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 4 *ADVANCED PAYMENTS31 of 537 2655  PARKS & FORESTRY MAINT. 62199 LURVEY LANDSCAPE SUPPLY LANDSCAPE 755.25 62385 ELLIOT, CLARK TREE REMOVAL 907.20 64540 NEXTEL COMMUNICATION CHARGES 78.18 65005 WEST CENTRAL MUNICIPAL  CONFERENCE MEMBERSHIP DUES 575.00 65055 CONSERV FS STEEL POST 483.00 65055 REINDERS, INC.BEARING‐FLANGE 97.36 65055 REINDERS, INC.BUSHING PLATE SUPPORT 46.22 65070 RUSSO POWER EQUIPMENT GUIDE BAR & FILTER 49.55 65070 REINDERS, INC.BAIL‐BRAKE 39.13 65070 REINDERS, INC.BLADE DRIVER 53.09 65070 REINDERS, INC.CABLE‐BRAKE 195.08 65070 REINDERS, INC.CUTTING BLADE EDGE 139.05 65070 REINDERS, INC.SWITCH‐PTO 85.19 65070 REINDERS, INC.V‐BELT 43.03 65070 REINDERS, INC.WIPER ARM 238.22 65085 RUSSO POWER EQUIPMENT LANDSCAPING MATERIALS 691.36 65090 CINTAS FIRST AID & SUPPLY SUPPLIES‐FIRST AID 123.00 2655  PARKS & FORESTRY MAINT. Total 4,598.91 2665  STREETS & SAN.ITATION ADMIN 64540 ARTS & LETTERS LTD.OFFICE SIGNS 113.00 64540 NEXTEL COMMUNICATION CHARGES 1,434.58 64540 VERIZON WIRELESS COMMUNICATION CHARGES 380.10 2665  STREETS & SANITATION ADMIN Total 1,927.68 2670  STREET & ALLEY MAINT.62509 DLT SOLUTIONS AUTOCAD UPGRADE FOR ENGINEERING 17,440.82 65055 PETER BAKER & SON CO. COLD PATCH‐UPM 10,064.40 65115 ARTS & LETTERS LTD.TEMPORARY NO PARKING SIGNS 820.00 2670  STREET & ALLEY MAINT. Total 28,325.22 2677  FACILITIES 62225 ANDERSON PEST CONTROL PEST MANAGEMENT 464.20 62225 MARK VEND COMPANY ALDERMANIC LIBRARY 228.36 62225 DUSTCATCHERS, INC.FLOOR MAT SERVICE 189.00 64005 COMED UTILITIES‐FEBRUARY 4,299.67 64015 NICOR UTILITIES‐FEBRUARY 68.82 64015 NICOR UTILITIES‐FEBRUARY 697.71 64540 NEXTEL COMMUNICATION CHARGES 510.50 65090 CINTAS FIRST AID & SUPPLY SUPPLIES‐FIRST AID 96.61 2677  FACILITIES Total 6,554.87 3005  REC. MGMT. 64540 NEXTEL COMMUNICATION CHARGES 57.60 3005  REC. MGMT. Total 57.60 3010  REC. BUSINESS & FISCAL MGMT 62235 VERMONT SYSTEMS INC SWITCH TO NEW WORLD 750.00 65095 ILLINOIS PAPER COMPANY OFFICE PAPER 538.00 65095 OFFICE DEPOT OFFICE SUPPLIES‐BOX/POCKET FILE 354.66 65095 OFFICE DEPOT OFFICE SUPPLIES‐DATA TRAVELER 32.85 65095 OFFICE DEPOT OFFICE SUPPLIES‐INK 131.08 3010  REC. BUSINESS & FISCAL MGMT Total 1,806.59 3020  REC GENERAL SUPPORT 64540 NEXTEL COMMUNICATION CHARGES 57.60 3020  REC GENERAL SUPPORT Total 57.60 3025  PARK UTILITIES 64005 COMED UTILITIES‐FEBRUARY 4,103.97 64005 COMED UTILITIES‐FEBRUARY 1,403.09 64005 COMED UTILITIES‐JANUARY 493.14 64015 NICOR UTILITIES‐FEBRUARY 1,543.56 64015 NICOR UTILITIES‐JANUARY 229.34 3025  PARK UTILITIES Total 7,773.10 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 5 *ADVANCED PAYMENTS32 of 537 3030  CROWN COMMUNITY CENTER 62505 MICHELLE A. VAN DER KARR ADULT DANCE INSTRUCTOR 140.00 62505 DARCY COUSSENS YOUTH DANCE INSTRUCTOR 320.00 3030  CROWN COMMUNITY CENTER Total 460.00 3035  CHANDLER COMM. CENTER 62505 DIANA UNGER FENCING INSTRUCTION 3,397.66 62505 CHESS WIZARDS, INC. INSTRUCTION CHESS CAMP / CLASSES 2,362.50 62506 NORTHWESTERN UNIVERSITY WORK STUDY STAFF 2,464.37 62507 POSITIVE CONNECTIONS, INC. PEE WEE SPORTS WINTER CAMP 154.00 62507 POSITIVE CONNECTIONS, INC. ULTIMATE ADV. CAMP ‐ NICKEL CITY 264.00 62507 POSITIVE CONNECTIONS, INC. ULTIMATE ADV. CAMP ‐ PUTTING 286.00 64540 NEXTEL COMMUNICATION CHARGES 51.71 65095 ILLINOIS PAPER COMPANY OFFICE PAPER 85.70 65095 OFFICE DEPOT OFFICE SUPPLIES 85.89 65110 WILL ENTERPRISES YOUTH BASKETBALL UNIFORMS 1,436.61 3035  CHANDLER COMM. CENTER Total 10,588.44 3040  FLEETWOOD JOURDAIN 62210 GENERATION COPY INC PRINTING SERVICES 48.00 64540 NEXTEL COMMUNICATION CHARGES 80.56 65095 OFFICE DEPOT OFFICE SUPPLIES 74.76 65095 OFFICE DEPOT OFFICE SUPPLIES‐CHAIRMAT/PENCIL/TAPE 64.61 65095 OFFICE DEPOT OFFICE SUPPLIES‐FABRIC BOARD 119.98 65095 OFFICE DEPOT OFFICE SUPPLIES‐FILES/PHONE REST 56.45 65095 OFFICE DEPOT OFFICE SUPPLIES‐LINED NOTES 9.49 65095 OFFICE DEPOT OFFICE SUPPLIES‐PLANNER 66.27 65095 OFFICE DEPOT OFFICE SUPPLIES‐PLANNER/MARKER 42.71 65095 OFFICE DEPOT OFFICE SUPPLIES‐RETURNED (37.38) 3040  FLEETWOOD JOURDAIN Total 525.45 3045  FLEETWOOD/JOURDAIN 62210 GENERATION COPY INC PRINTING OF SCRIPTS MUSE OF FIRE 40.00 62505 DORSETT, DAVID MUSICAL PERFORMANCE WOMENS DAY  LUNCH 125.00 3045  FLEETWOOD/JOURDAIN Total 165.00 3055  LEVY CENTER SENIOR SERVICES 61062 KEVIN SPARKMON PRIVATE SECURITY FOR RENTAL  W/ALCOHOL 136.00 62495 ANDERSON PEST CONTROL PEST CONTROL SERVICES 44.94 62505 COMPUTER TRAINING APPLE IPAD CLASS 160.00 62505 TIMOTHY PLACE BALLROOM BLASS INSTRUCTION 510.00 62505 ATSUKO NOGUCHI JAPANESE LANGUAGE INSTRUCTOR 315.00 62695 303 TAXI TAXI COUPONS 10,788.00 62695 AMERICAN CHARGE SERVICE TAXI COUPONS 150.00 62695 METRO CABS 1 LLC TAXI COUPONS 108.00 64540 NEXTEL COMMUNICATION CHARGES 27.24 65040 LAPORT INC JANITORIAL SUPPLIES 199.04 3055  LEVY CENTER SENIOR SERVICES Total 12,438.22 3080  BEACHES 64015 NICOR UTILITIES‐FEBRUARY 412.10 64540 NEXTEL COMMUNICATION CHARGES 214.38 65045 BORDEN DECAL CO.BEACH PASSES 4,000.00 3080  BEACHES Total 4,626.48 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 6 *ADVANCED PAYMENTS33 of 537 3095  CROWN ICE RINK 62245 JORSON & CARLSON BLADE SHARPENING 70.98 62245 MCCAULEY MECHANICAL AIR HANDLER REPAIRS 439.00 62245 MCCAULEY MECHANICAL COMPRESSOR #3 LEAK 439.00 62508 SHAWN PFEIFFER REFEREE ADULT BROOMBALL 360.00 62508 MATTHEW LEVI REFEREE ADULT BROOMBALL 180.00 62508 KRISTOFER R. KNUTSON REFEREE ADULT BROOMBALL 180.00 62508 LAPPING, RENEE SCORE KEEPER ADULT BROOMBALL 156.00 64540 NEXTEL COMMUNICATION CHARGES 115.71 65080 COCA‐COLA ENTERPRISES RESALE OF BEVERAGES 465.12 65095 ILLINOIS PAPER COMPANY OFFICE PAPER 207.60 65095 OFFICE DEPOT OFFICE SUPPLIES 123.73 65095 OFFICE DEPOT OFFICE SUPPLIES‐PAPER 13.59 3095  CROWN ICE RINK Total 2,750.73 3110  TENNIS 62505 E‐TOWN TENNIS TENNIS INSTRUCTION 3,050.32 3110  TENNIS Total 3,050.32 3130  SPECIAL RECREATION 64540 NEXTEL COMMUNICATION CHARGES 58.88 3130  SPECIAL RECREATION Total 58.88 3140  BUS PROGRAM 64540 NEXTEL COMMUNICATION CHARGES 27.24 3140  BUS PROGRAM Total 27.24 3150  PARK SERVICE UNIT 64540 NEXTEL COMMUNICATION CHARGES 54.48 3150  PARK SERVICE UNIT Total 54.48 3605  ECOLOGY CENTER 64015 NICOR UTILITIES‐FEBRUARY 1,060.32 65005 OIL SAMPLES PLUS SOIL PRESENTATION COMMUNITY  GARDENS 150.00 3605  ECOLOGY CENTER Total 1,210.32 3610  ECO‐QUEST DAY CAMP 62507 NORTHWEST PASSAGE OVERNIGHT CAMP TRIP 15,350.00 64540 NEXTEL COMMUNICATION CHARGES 22.66 3610  ECO‐QUEST DAY CAMP Total 15,372.66 3700  NOYES CULTURAL ARTS CTR 62490 EVANSTON CHAMBER OF  COMMERCE MAYORS STATE OF CITY LUNCHEON 400.00 3700  NOYES CULTURAL ARTS CTR Total 400.00 3710  NOYES CULTURAL ARTS CENTER 62225 ALARM DETECTION SYSTEMS PHONE LINE MAINTENANCE 75.00 62518 ALARM DETECTION SYSTEMS ALARM DETECTION SERVICES 195.66 64540 NEXTEL COMMUNICATION CHARGES 79.31 65040 LAPORT INC JANITORIAL SUPPLIES 265.17 3710  NOYES CULTURAL ARTS CENTER Total 615.14 3720  CULTURAL ARTS PROGRAMS 62210 ON TRACK FULFILLMENT INC. PRINTING OF EAF POST CARD 443.50 3720  CULTURAL ARTS PROGRAMS Total 443.50 100  GENERAL FUND Total 310,120.88 195  NEIGHBORHOOD STABILIZATION FUND 62490 HOUSING OPPORTUNITY  DEVELOPMENT CORP. CREDIT REPORT FOR NSP2 BUYER 25.00 195  NEIGHBORHOOD STABILIZATION FUND Total 25.00 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 7 *ADVANCED PAYMENTS34 of 537 205  EMERGENCY TELEPHONE (E911) FUND 5150  EMERGENCY TELEPHONE SYSTM 62509 IRON MOUNTAIN OSDP OFF‐SITE DATA PROTECTION MONTHLY  EXPENSES 339.14 64505 AT & T COMMUNICATION CHARGES 25,054.17 64540 NEXTEL *COMMUNICATION CHARGES 686.39 64540 NEXTEL COMMUNICATION CHARGES 1,561.06 65625 NETMOTION WIRELESS EPD NETMOTION SECURITY SOFTWARE 3,750.00 5150  EMERGENCY TELEPHONE SYSTM Total 31,390.76 205  EMERGENCY TELEPHONE (E911) FUND Total 31,390.76 215  CDBG FUND 5200  HOUSING ASSISTANCE 62911 TERRY GARRITY PLUMBING WNRSA CASE #0022 5,300.00 5200  HOUSING ASSISTANCE Total 5,300.00 5203  HANDYMAN 63095 GOSS & ASSOCIATES, INC. HANDY MAN PROGRAM 600.00 5203  HANDYMAN Total 600.00 5275  PUBLIC FACILITIES 62295 FAMILY FOCUS INC.CDBG‐CAPITAL IMPROVEMENTS/DEFERRED  MAINTENANCE 42,483.98 5275  PUBLIC FACILITIES Total 42,483.98 215  CDBG FUND Total 48,383.98 225  ECONOMIC DEVELOPMENT FUND 5300  ECON. DEVELOPMENT FUND 61626 YLDA CAPRICCIOSO PHONE STIPENED 100.00 62185 B2B COMPUTER PRODUCTS CONVIENANT STORE CONSULTANT 8,672.17 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 62660 HUGHES, YANCEY NEXT CHAPTER PHOTOGRAPHY 250.00 5300  ECON. DEVELOPMENT FUND Total 9,061.17 225  ECONOMIC DEVELOPMENT FUND Total 9,061.17 240  HOME FUND 5430  HOME FUND 65535 HOUSING OPTIONS FOR THE  MENTALLY ILL DRAW #4 SECOND PAYMENT DEVELOPER  FEE 14,026.72 65535 JUST BUILDERS INC.DRAW #3 SECOND PAYMENT SCATTERED  SITE RENTAL REHAB 54,194.26 5430  HOME FUND Total 68,220.98 240  HOME FUND Total 68,220.98 330  HOWARD‐RIDGE TIF FUND 5860  HOWARD RIDGE TIF 64015 NICOR GAS GAS BILL 631 HOWARD 950.51 64015 NICOR GAS GAS BILL 631 HOWARD APT 1 22.37 64015 NICOR GAS GAS BILL 729 HOWARD 314.11 5860  HOWARD RIDGE TIF Total 1,286.99 330  HOWARD‐RIDGE TIF FUND Total 1,286.99 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 8 *ADVANCED PAYMENTS35 of 537 415  CAPITAL IMPROVEMENTS FUND 4150  CAPITAL PROJECTS                        415854 65515 COOK COUNTY RECORDER OF  DEEDS RECORDINGS 1,680.00 416096 65515 T.Y.LIN INTERNATIONAL BIKE PLAN UPDATE GRANT PORTION 20,100.71 415942 65515 ESI CONSULTANTS, LTD EMERSON/RIDGE/GREEN BAY PROJECT 40,189.94 4150  CAPITAL PROJECTS Total 61,970.65 4150  CAPITAL PROJECTS                        415663 65511 G.A. JOHNSON AND SON NOYES CHIMNEY & ROOF REPAIR 83,795.00 4150  CAPITAL PROJECTS Total 83,795.00 415  CAPITAL IMPROVEMENTS FUND Total 145,765.65 505  PARKING SYSTEM FUND 7005  PARKING SYSTEM MGT 62431 GARDA CASH LOGISTICS ARMORED CAR SERVICES 3,282.01 64540 NEXTEL COMMUNICATION CHARGES 210.58 65095 OFFICE DEPOT OFFICE SUPPLIES‐CALENDAR/BATTERIES 77.05 65515 SCHAFER CONSULTING CONSULTING SERVICES 2,845.23 7005  PARKING SYSTEM MGT Total 6,414.87 7015  PARKING LOTS & METERS 62375 706 MAIN STREET LLC PARKING LOT LEASE 2,879.18 62375 CHICAGO TRANSIT AUTH. MONTHLY RENT‐LOT 19 990.00 62375 GTC MAIN STREET, INC. LOT 15 LEASE 6,900.77 65515 DUNCAN PARKING PARKING METERS 123,750.00 7015  PARKING LOTS & METERS Total 134,519.95 7025  CHURCH STREET GARAGE 53515 CURATO, JULIA ACCESS CARD REFUND 25.00 53515 URBAN, DR. LLOYD ACCESS CARD REFUND 50.00 53515 KATHRYN O'CONNOR ACCESS CARD REFUND 75.00 62509 CPS PARKING LOT MANAGEMENT 50,690.10 62509 REVCON TECHNOLOGIES, INC. GARAGE MONITORING SYSTEM  MAINTENANCE 1,590.00 62509 DATAPARK USA, INC.PARKING ACCESS AND REVENUE CONTROL  MAINTENANCE 2,000.00 64505 CALL ONE COMMUNICATION CHARGES 1,166.47 7025  CHURCH STREET GARAGE Total 55,596.57 7036  SHERMAN GARAGE 53515 YANG, XI ACCESS CARD REFUND 25.00 53515 ZUBER, ALAN ACCESS CARD REFUND 25.00 53515 PARKINSON, ROBERT RYAN ACCESS CARD REFUND 25.00 53515 WARD, ADAM ACCESS CARD REFUND 25.00 53515 GROVER, AMANDEEP ACCESS CARD REFUND 25.00 53515 CARROLL, SARA ACCESS CARD REFUND 25.00 53515 CAMPBELL, JESSICA ACCESS CARD REFUND 25.00 53515 BEUTEL, COLBY ACCESS CARD REFUND 25.00 53515 HARRIS, THEODORE ACCESS CARD REFUND 25.00 53515 DIGMAN JR., DAVID ACCESS CARD REFUND 25.00 53515 MARTIN, KURT ACCESS CARD REFUND 25.00 53515 JAIN, VARUN ACCESS CARD REFUND 25.00 53515 NORTHON, ROSE ACCESS CARD REFUND 25.00 53515 ECHERT, RALPH ACCESS CARD REFUND 25.00 53515 KEESOM, WILLIAM ACCESS CARD REFUND 25.00 53515 BRADY, BILL ACCESS CARD REFUND 25.00 53515 FRACZEK, LUKASZ ACCESS CARD REFUND 25.00 53515 HASELTINE, KEVIN ACCESS CARD REFUND 25.00 53515 GO, HOK‐GWAN ACCESS CARD REFUND 25.00 53515 VICTORIA DUDLEY ACCESS CARD REFUND 25.00 53515 GAURAV VIJAY ACCESS CARD REFUND 25.00 62509 CPS PARKING LOT MANAGEMENT 114,900.76 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 9 *ADVANCED PAYMENTS36 of 537 62509 REVCON TECHNOLOGIES, INC. GARAGE MONITORING SYSTEM  MAINTENANCE 4,506.00 62509 DATAPARK USA, INC.PARKING ACCESS AND REVENUE CONTROL  MAINTENANCE 5,100.00 62660 INLAND AMERICAN RETAIL  MANAGEMENT LLC MAINTENANCE 7,016.41 62660 INLAND AMERICAN RETAIL  MANAGEMENT LLC SALT ORDER 280.00 64505 AT & T COMMUNICATION CHARGES 618.76 64505 CALL ONE COMMUNICATION CHARGES 2,003.27 65515 THYSSENKRUPP ELEVATOR EMERGENCY ELEVATOR REPAIRS 6,670.00 68205 COOK COUNTY TREASURER 2013 1ST INSTALLMENT PROPERTY BILL 111.15 7036  SHERMAN GARAGE Total 141,731.35 7037  MAPLE GARAGE 53515 FAHEY, JULIE ACCESS CARD REFUND 25.00 53515 MAUER, VICTORIA ACCESS CARD REFUND 25.00 53515 MOUCH, PATRICK ACCESS CARD REFUND 25.00 53515 BALARELLA, WILLIAM ACCESS CARD REFUND 25.00 53515 TERRY, KEITH ACCESS CARD REFUND 25.00 53515 SARMAS, GREG ACCESS CARD REFUND 25.00 53515 OLOUGH, ALYSSA ACCESS CARD REFUND 25.00 53515 MCEACHERN, LINDSAY ACCESS CARD REFUND 25.00 53515 AHN, JAY ACCESS CARD REFUND 25.00 53515 SHIUE, ERIC ACCESS CARD REFUND 25.00 53515 GOODMAN, JOHN ACCESS CARD REFUND 25.00 53515 CHMURA, PATRICK ACCESS CARD REFUND 25.00 53515 CIMINO, MARGARET A ACCESS CARD REFUND 25.00 62509 CPS PARKING LOT MANAGEMENT 99,791.96 62509 REVCON TECHNOLOGIES, INC. GARAGE MONITORING SYSTEM  MAINTENANCE 3,021.60 62509 DATAPARK USA, INC.PARKING ACCESS AND REVENUE CONTROL  MAINTENANCE 4,000.00 64505 CALL ONE COMMUNICATION CHARGES 1,463.75 7037  MAPLE GARAGE Total 108,602.31 505  PARKING SYSTEM FUND Total 446,865.05 510  WATER FUND 7100  WATER GENERAL SUPPORT 62210 ALLEGRA PRINT & IMAGING BUSINESS CARDS 39.00 62295 REHG, KRISTIN AMERICAN WATER WORKS ASSOC.  CONFERENCE 239.76 62295 CRAIG BAUER WATER LICENSE TRAINING 373.18 64505 BYTRONICS, INC.DIGTRACK TICKETS 100.00 64540 NEXTEL COMMUNICATION CHARGES 210.09 65095 OFFICE DEPOT OFFICE SUPPLIES 134.67 65095 OFFICE DEPOT OFFICE SUPPLIES‐ALCOHOL SWABS 1.81 65095 OFFICE DEPOT OFFICE SUPPLIES‐ICE LETTER  TRAY/CALCULATOR 161.86 65095 OFFICE DEPOT OFFICE SUPPLIES‐JACKET  FILE/PAPER/ENVELOPE 221.66 65095 OFFICE DEPOT OFFICE SUPPLIES‐PAPER/MARKER/PEN 108.68 65095 OFFICE DEPOT OFFICE SUPPLIES‐PAPER/STAMP/CAL.109.48 7100  WATER GENERAL SUPPORT Total 1,700.19 7105  PUMPING 64005 COMED UTILITIES‐FEBRUARY 61.19 64015 NICOR UTILITIES‐FEBRUARY 264.06 64505 CALL ONE COMMUNICATION CHARGES 204.42 64540 NEXTEL COMMUNICATION CHARGES 191.01 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 7105  PUMPING Total 796.70 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 10 *ADVANCED PAYMENTS37 of 537 7110  FILTRATION 62465 UNDERWRITERS LAB.2014 LAB TESTING 50.00 62465 UNDERWRITERS LAB. 2014 LABORATORY TESTING 50.00 64540 NEXTEL COMMUNICATION CHARGES 163.44 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65015 U.S. ALUMINATE ALUMINA TRIHYDRATE (PER SPEC)34,021.63 7110  FILTRATION Total 34,361.09 7115  DISTRIBUTION 62210 ON TRACK FULFILLMENT INC. PRINTING 75.00 62275 ON TRACK FULFILLMENT INC. PRINTING 47.60 64540 NEXTEL COMMUNICATION CHARGES 342.92 64540 VERIZON WIRELESS COMMUNICATION CHARGES 76.02 65055 ARCTIC BLASTERS, INC. THAWING DEVICE 915.00 65055 NORTH SHORE TOWING TOW & HOOK 80.00 7115  DISTRIBUTION Total 1,536.54 7120  WATER METER MAINTENANCE 64540 NEXTEL COMMUNICATION CHARGES 70.52 64540 VERIZON WIRELESS COMMUNICATION CHARGES 152.24 7120  WATER METER MAINTENANCE Total 222.76 510  WATER FUND Total 38,617.28 513  WATER DEPR IMPRV & EXTENSION 7340  WATER DEP. IMP. & EXT.65515 WATER RESOURCES NEW AMR REPLACEMENT PROGRAM 70,919.88 7340  WATER DEP. IMP. & EXT. Total 70,919.88 513  WATER DEPR IMPRV & EXTENSION Total 70,919.88 515  SEWER FUND 7400  SEWER MAINTENANCE 62295 STEINBUCK, MARK PUMPER CLEANER SHOW 120.27 62295 ROBERT A. BAUER PUMPER CLEANER SHOW IN INDIANA 115.00 62295 GORDON S. CAMPBELL PUMPER CLEANER SHOW IN INDIANA 115.00 64540 NEXTEL COMMUNICATION CHARGES 225.94 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.01 7400  SEWER MAINTENANCE Total 614.22 515  SEWER FUND Total 614.22 520  SOLID WASTE FUND 7685  REFUSE COLLECT & DISPOSAL 62390 LAKESHORE WASTE SERVICES FY2014 CONDO REFUSE COLLECTION 34,486.82 62405 WELLS FARGO BANK, N.A. *REFUSE REMOVAL 50,342.96 62405 WELLS FARGO BANK, N.A. FY2014 SWANCC CAPITAL, OPERATIONS  AND MANAGEMENT COSTS 120,716.56 68310 WELLS FARGO BANK, N.A.*REFUSE REMOVAL 1,828.70 68310 WELLS FARGO BANK, N.A. FY2014 SWANCC CAPITAL, OPERATIONS  AND MANAGEMENT COSTS 4,917.12 7685  REFUSE COLLECT & DISPOSAL Total 212,292.16 520  SOLID WASTE FUND Total 212,292.16 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 11 *ADVANCED PAYMENTS38 of 537 600  FLEET SERVICES FUND 7705  GENERAL SUPPORT 62295 MUNICIPAL FLEET MGRS 22ND FORD PRESENTATION 100.00 64505 CALL ONE COMMUNICATION CHARGES 547.14 64540 NEXTEL COMMUNICATION CHARGES 190.68 64540 VERIZON WIRELESS COMMUNICATION CHARGES 38.10 7705  GENERAL SUPPORT Total 875.92 7710  MAJOR MAINTENANCE 62355 CINTAS  #22 WEEKLY UNIFORM SERVICE 127.57 62355 CINTAS #769 WEEKLY MAT SERVICE 182.28 62355 CINTAS #769 WEEKLY UNIFORM SERVICE 127.57 65015 1ST AYD CORPORATION CHEMICALS 1,280.64 65035 CITY WELDING SALES WELDING GASES 224.35 65035 PALATINE OIL COMPANY, INC FY2014 FUEL PURCHASES 71,838.93 65060 R.A. ADAMS ENTERPRISES PLOW CYLINDER #532 202.13 65060 R.A. ADAMS ENTERPRISES WESTERN BOLT BAG 87.00 65060 AETNA TRUCK PARTS, INC. HEADLIGHTS 270.16 65060 EQUIPMENT DEPOT OF IL CHAIN‐CUT TO LENGTH #760 668.96 65060 CUMBERLAND SERVICENTER RETURNED PARTS (77.50) 65060 CUMBERLAND SERVICENTER TACHO METER #718 94.18 65060 CUMBERLAND SERVICENTER WASHER FLUID 193.48 65060 DOUGLAS TRUCK PARTS HARDWARE CLAMP STARP 40.00 65060 DOUGLAS TRUCK PARTS REFLECTORS & FIRE EXTINGUISHERS 433.48 65060 DUXLER TIRE & CAR CENTER SWAP & INSTALL CUSTOMER STRUTS #25 50.00 65060 EVANSTON CAR WASH CAR WASHES EPD 136.00 65060 GROVER WELDING COMPANY ROLL OFF BOX WELD REPAIRS #737 305.75 65060 HAVEY COMMUNICATIONS EMERGENCY LIGHTING 468.00 65060 INTERSTATE BATTERY OF  NORTHERN CHICAGO 2014 BATTERY PURCHASES 352.64 65060 NORTH SHORE TOWING TOW & HOOK 155.00 65060 REGIONAL TRUCK EQUIPMENT  COMPANY, INC. HANDLE LOCK #720 135.58 65060 REGIONAL TRUCK EQUIPMENT  COMPANY, INC. LED FLASHER 59.13 65060 REGIONAL TRUCK EQUIPMENT  COMPANY, INC. LOCK FOR JOBOX #718 63.20 65060 RUSSO POWER EQUIPMENT FRONT END REPLACEMENT #607 1,866.19 65060 RUSSO POWER EQUIPMENT PASSENGER DOOR REPLACED #607 1,423.20 65060 STANDARD EQUIPMENT  COMPANY HAND VALVE 517.78 65060 STANDARD EQUIPMENT  COMPANY PLOW LIFT 697.43 65060 WESTMONT AUTO AXEL SHAFT #164 684.90 65060 WESTMONT AUTO HUB BEARING #164 263.90 65060 WESTMONT AUTO HUB BEARING#164 252.00 65060 WESTMONT AUTO REAR LUBE 153.22 65060 WESTMONT AUTO TAILGATE HANDLE #164 91.24 65060 VERMEER MIDWEST BREAKAWAY SWITCH 14.67 65060 VERMEER MIDWEST CHIPPER FILTERS 456.74 65060 VERMEER MIDWEST PRE‐CLEANER 97.31 65060 WEST SIDE TRACTOR BUCKET REBUILD 924.75 65060 WEST SIDE TRACTOR RIDE CONTROL SWITCH #550 80.94 65060 ZARNOTH BRUSH WORKS BROOM MOTOR #553 848.00 65060 GEIB INDUSTRIES, INC. HYDRAULIC HOSE 106.25 65060 ICEMANN ARENA SERVICES ICE RESURFACER PARTS 337.75 65060 HERITAGE CRYSTAL CLEAN ANTI FREEZE 621.81 65060 CARQUEST EVANSTON BRAKE JOB #164 275.82 65060 CARQUEST EVANSTON BREAKAWAY SYSTEM 56.04 65060 CARQUEST EVANSTON BULBS 20.70 65060 CARQUEST EVANSTON CABIN AIR FILTER 71.06 65060 CARQUEST EVANSTON FILTERS 85.00 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 12 *ADVANCED PAYMENTS39 of 537 65060 CARQUEST EVANSTON FRONT END JOB #541 425.40 65060 CARQUEST EVANSTON HALOGEN SEALED BEAM 151.14 65060 CARQUEST EVANSTON HELI COIL KIT 40.99 65060 CARQUEST EVANSTON HYDRAULIC FILTER 34.00 65060 CARQUEST EVANSTON HYDRAULIC FITTINGS 332.49 65060 CARQUEST EVANSTON HYDRAULIC HOSE 1,584.00 65060 CARQUEST EVANSTON PULLER KIT 113.99 65060 CARQUEST EVANSTON RETURNED PARTS (53.42) 65060 CARQUEST EVANSTON TIE ROD 53.42 65060 CARQUEST EVANSTON TIRE ROD END #164 24.56 65060 CARQUEST EVANSTON TRIANGLE WARNING KIT 135.60 65060 GOLF MILL FORD BEARING & SEAL #25 38.35 65060 GOLF MILL FORD BRAKE SHIFT INTER‐LOCK  #56 77.36 65060 GOLF MILL FORD MIRROR ASSEMBLY #513 388.59 65060 GOLF MILL FORD PREFORM MANUAL #634 96.00 65060 GOLF MILL FORD REPLACE FUEL PUMP #635 167.26 65060 GOLF MILL FORD STARTER #541 449.84 65060 LINDCO EQUIPMENT SALES PLOW CLEVIS 147.83 65060 CHICAGO PARTS & SOUND BRAKE PAD #541 233.50 65060 ADVANCED PROCLEAN INC. POWER WASHING EQUIPMENT 832.65 65060 APC STORES, INC.FUEL FILTER 31.19 65060 THE CHEVROLET EXCHANGE PLOW LIGHTS 759.78 65060 RUSH TRUCK CENTERS OF IL BRAKE VALVE #613 144.13 65060 RUSH TRUCK CENTERS OF IL DIESEL 407.64 65060 RUSH TRUCK CENTERS OF IL EGR VALVE #956 1,455.30 65060 RUSH TRUCK CENTERS OF IL LIGHT SOCKETS 37.00 65060 RUSH TRUCK CENTERS OF IL RETURNED PARTS (1,135.82) 65060 RUSH TRUCK CENTERS OF IL TURN SIGNAL BULB 126.94 65060 RUSH TRUCK CENTERS OF IL TURN SIGNAL SWITCH #613 112.07 65065 WENTWORTH TIRE SERVICE TIRE SERVICE, RECAP & REPAIR 559.48 65065 WENTWORTH TIRE SERVICE TIRE SERVICE, RECAP & REPAIR #164 464.36 65065 WENTWORTH TIRE SERVICE TIRE SERVICE, RECAP & REPAIR #550 119.00 65065 WENTWORTH TIRE SERVICE TIRE SERVICE, RECAP & REPAIR #565 122.00 65065 WENTWORTH TIRE SERVICE TIRE SERVICE, RECAP & REPAIR #612 158.90 65085 ROMEO LIM JR TOOL ALLOWANCE 550.00 65090 CINTAS FIRST AID & SUPPLY SUPPLIES‐FIRST AID 159.41 7710  MAJOR MAINTENANCE Total 96,710.16 600  FLEET SERVICES FUND Total 97,586.08 601  EQUIPMENT REPLACEMENT FUND 7780  VEHICLE REPLACEMENTS 65550 RUSSO POWER EQUIPMENT 1 KUBOTA SIDEWALK TRACTOR 29,021.00 7780  VEHICLE REPLACEMENTS Total 29,021.00 601  EQUIPMENT REPLACEMENT FUND Total 29,021.00 605  INSURANCE FUND 62266 CCMSI WORKER'S COMPENSATION TPA 23,750.00 62266 CCMSI WORKER'S COMPENSATION TPA TAKE OVER  CLAIMS 1,625.00 66044 STATE TREASURER, ILLINOIS  WORKERS' WORKERS COMPENSATION PAYMENT 9,202.71 66050 HSA BANK MONTHLY INVOICE 19.25 66054 SENIORS CHOICE INSURANCE PREMIUM 1,955.79 605  INSURANCE FUND Total 36,552.75 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 13 *ADVANCED PAYMENTS40 of 537 700  FIRE PENSION FUND 8000  FIREFIGHTERS' PENSION 61755 DAUGHERTY, DERON K *MAILING FEE'S & ANNUAL CERTIFICATION 265.88 61755 LAUTERBACH & AMEN LLP *PENSION BENEFIT CALCULATION 150.00 8000  FIREFIGHTERS' PENSION Total 415.88 700  FIRE PENSION FUND Total 415.88 Grand Total 1,547,139.71 CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 14 *ADVANCED PAYMENTS41 of 537 ACCOUNT NUMBER SUPPLIER NAME DESCRIPTION AMOUNT SUPPLEMENTAL BILLS LIST ATTACHMENT GENERAL 100.13040 ALLEGRA PRINT & IMAGING ENVELOPES 485.00 100.21639 EYE MED VISION CARE VISION COVERAGE 3,055.46 100.21640 METLIFE SMALL BUSINESS CENTER INSURANCE 19,646.76 100.21640 GUARDIAN MONTHLY INVOICE 14,815.63 100.21650 NATIONAL GUARDIAN LIFE INS. CO. MONTHLY INVOICE 339.39 100.21685 KIMBERLY K. KULL REIMBURSEMENT FSA 991.77 100.22730 BANK OF AMERICA *PURCHASING CARD-FEBRUARY 2014 120,686.35 100.41420 JUSTIN BLEDSOE/GEORGE PFEIFFER SEIZED FUNDS CASE #12-33882 150.00 100.41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #13-33367 1,726.00 100.41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #13-30022 174.10 100.41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #13-33804 12,000.00 100.41420 DIRECTOR, ILLINOIS STATE POLICE SEIZED FUNDS CASE #13-33822 769.00 174,839.46 HOME VARIOUS BRINSHORE DEVELOPMENT LLC REAL ESTATE ACTIVITIES #63 1,037.56 1,037.56 INSURANCE VARIOUS VARIOUS CASUALTY LOSS 500.00 VARIOUS VARIOUS WORKERS COMP 20,986.17 VARIOUS VARIOUS WORKERS COMP 11,113.16 VARIOUS VARIOUS CASUALTY LOSS 835.51 33,434.84 NSP2 VARIOUS BRINSHORE DEVELOPMENT LLC REAL ESTATE ACTIVITIES #63 191,055.19 191,055.19 SEWER 7545.68305 IEPA LOAN DISBURSEMENT SEWER FUND 271,499.04 7600.68305 IEPA LOAN DISBURSEMENT SEWER FUND 597,602.75 7617.68305 IEPA LOAN DISBURSEMENT SEWER FUND 360,420.70 7560.68305 IEPA LOAN DISBURSEMENT SEWER FUND 140,310.49 1,369,832.98 VARIOUS VARIOUS TWIN EAGLE NATURAL GAS - FEBRUARY, 2014 63,670.25 63,670.25 WATER 510.22700 SCHNEIDER, FRED 3322590-02-WATER REFUND 107.69 510.22700 JAMES VOGEL & JENNIFER LINSKEY 5540140-02-WATER REFUND 39.14 146.83 1,834,017.11 Grand Total 3,381,156.82 ; PREPARED BY DATE APPROVED BY DATE CITY OF EVANSTON BILLS LIST PERIOD ENDING 04/09/2014 15 *ADVANCED PAYMENTS42 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 1 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION 311 CENTER MARIANO'S 00085076 $ 7.15 02/12/2014 64505 TELECOMMUNICATIONS CARRIER LINE CH SNACK 311 TRAINING CLASS 311 CENTER SNAPENGAGE CHAT $ 49.00 02/17/2014 64505 TELECOMMUNICATIONS CARRIER LINE CH MONTHLY CHARGE 311 LIVE CHAT PROGRAM ADMN SVCS / ADMIN APL APPLEONLINESTOREUS $ 3,949.00 02/21/2014 65555 PERSONAL COMPUTER EQ IPADS FOR PARKS AND RECS ADMN SVCS / ADMIN CLAIM ADJ/DMI DELL CORPBUS $ (286.07)02/24/2014 65555 PERSONAL COMPUTER EQ FRADULENT CHARGES CREDITED BACK FROM JANUARY 2014 ADMN SVCS / ADMIN CLAIM ADJ/DMI DELL CORPBUS $ (286.07)02/24/2014 65555 PERSONAL COMPUTER EQ FRADULENT CHARGES CREDITED BACK FROM JANUARY 2014 ADMN SVCS / ADMIN CLAIM ADJ/DMI DELL CORPBUS $ (286.07)02/24/2014 65555 PERSONAL COMPUTER EQ FRADULENT CHARGES CREDITED BACK FROM JANUARY 2014 ADMN SVCS / ADMIN CLAIM ADJ/DMI DELL CORPBUS $ (286.07)02/24/2014 65555 PERSONAL COMPUTER EQ FRADULENT CHARGES CREDITED BACK FROM JANUARY 2014 ADMN SVCS / ADMIN CLAIM ADJ/DMI DELL CORPBUS $ (286.07)02/24/2014 65555 PERSONAL COMPUTER EQ FRADULENT CHARGES CREDITED BACK FROM JANUARY 2014 ADMN SVCS / ADMIN CLAIM ADJ/DMI DELL CORPBUS $ (286.07)02/24/2014 65555 PERSONAL COMPUTER EQ FRADULENT CHARGES CREDITED BACK FROM JANUARY 2014 ADMN SVCS / ADMIN ATT BUS PHONE PMT $ 4,467.78 02/25/2014 65555 PERSONAL COMPUTER EQ ANALOG TO DIGITAL CONVERTERS FOR FIRE STATION ADMN SVCS / FINANCE TRIBUNE MEDIA GROUP $ 759.00 02/05/2014 65515 OTHER IMPROVEMENTS AD NOTICE BID 14-09 2014 MFT RESURFACING OF VARIOUS STREETS ADMN SVCS / FINANCE TRIBUNE MEDIA GROUP $ 737.00 02/05/2014 65515 OTHER IMPROVEMENTS AD NOTICE RFP 14-16 SHERIDAN ROAD/CHICAGO AVENUE IMPROVEMENTS ADMN SVCS / FINANCE TRIBUNE MEDIA GROUP $ 583.00 02/12/2014 62461 SEWER MAINTENANCE CONTRACTS AD NOTICE BID 14-13 2014 CIPP SPOT LINE SEWER REHABILITATION ADMN SVCS / FINANCE TRIBUNE MEDIA GROUP $ 638.00 02/20/2014 62496 DED INOCULATION AD NOTICE 2014 DUTCH ELM DISEASE PREVENTION PROGRAM ADMN SVCS / FINANCE SUN TIMES MEDIA ADVERT $ 68.80 02/25/2014 62205 ADVERTISING AD NOTICE BID 14-19 HYBRID FUEL MANAGEMENT SYSTEM ADMN SVCS / FINANCE ILLINOIS GOVERNMENT FI $ 100.00 02/25/2014 62360 MEMBERSHIP DUES ANNUAL MEMBERSHIP FEE ADMN SVCS /HUMAN RES PBD ICMA PUBLICATIONS $ 1,363.47 02/03/2014 62310 HR ONLY - CITY WIDE TRAINING ICMA - TEST BOOKS FOR SUPERVISORY TRAINING ADMN SVCS /HUMAN RES AMAZON MKTPLACE PMTS $ 39.10 02/12/2014 62310 HR ONLY - CITY WIDE TRAINING ICMA - TEXT BOOKS ADMN SVCS /HUMAN RES POTBELLY 005 $ 80.87 02/26/2014 65125 OTHER COMMODITIES WORKING STAFF LUNCH WITH EMPLOYEE WHO WAS LEAVING ORGANIZATION ADMN SVCS/INFO SYS PAYPAL LASERPRINTR $ 25.42 02/03/2014 65555 PERSONAL COMPUTER EQ BUSHINGS FOR LASER PRINTER ADMN SVCS/INFO SYS 37S BASECAMP 2479787 $ 20.00 02/03/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE IT PROJECT TRACKING SOFTWARE 43 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 2 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION ADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ 19.98 02/03/2014 65555 PERSONAL COMPUTER EQ PRINTER PARTS ADMN SVCS/INFO SYS DMI DELL K-12/GOVT $ 739.45 02/04/2014 65555 PERSONAL COMPUTER EQ LAPTOP FOR ALDERMAN BRAITHWAITE ADMN SVCS/INFO SYS AT&T BILL PAYMENT $ 218.60 02/07/2014 64515 TELECOMM EQUIP MAINTENANCE COE’S 911 LOCATOR ID SERVICE - NEEDED TO MAKE PAST DUE PAYMENT SO NO DISCONNECT. ADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ 945.98 02/07/2014 65555 PERSONAL COMPUTER EQ PROJECTOR FOR COUNCIL CHAMBERS ADMN SVCS/INFO SYS AMAZON.COM $ 66.52 02/07/2014 65555 PERSONAL COMPUTER EQ WIRELESS MICE FOR LEGAL ADMN SVCS/INFO SYS DMI DELL K-12/GOVT $ 565.77 02/13/2014 65555 PERSONAL COMPUTER EQ 3 24 INCH MONITORS ADMN SVCS/INFO SYS AMAZON.COM $ 179.97 02/13/2014 65555 PERSONAL COMPUTER EQ HARD DRIVES ADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ (14.01)02/13/2014 65555 PERSONAL COMPUTER EQ REFUND FOR MAINTENANCE PLAN ON WEBCAMS ADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ 42.27 02/17/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL SPEAKERS FOR FLEETWOOD ADMN SVCS/INFO SYS ADOBE SYSTEMS, INC. $ 53.11 02/18/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE ADOBE CREATIVE CLOUD FOR CMO ADMN SVCS/INFO SYS AMAZON MKTPLACE PMTS $ 123.25 02/19/2014 62250 COMPUTER EQUIPMENT MAINT.PRINTING PLOTTER PART - TAX WAS REFUNDED ADMN SVCS/INFO SYS CRUCIAL.COM $ 32.99 02/19/2014 65555 PERSONAL COMPUTER EQ RAM FOR TOUGHBOOK FOR FIREADMIN ADMN SVCS/INFO SYS GODADDY.COM $ 13.17 02/19/2014 62341 INTERNET SOLUTION PROVIDERS URL REGISTRATION CMO - FJTHEATRE.COM ADMN SVCS/INFO SYS GODADDY.COM $ 56.12 02/19/2014 62341 INTERNET SOLUTION PROVIDERS URL RENEWAL - CMO ADMN SVCS/INFO SYS AUSTIN LIQUORS $ 26.41 02/20/2014 65555 PERSONAL COMPUTER EQ ACCIDENTAL PURCHASE IMMEDIATELY REFUNDED ADMN SVCS/INFO SYS AUSTIN LIQUORS $ (26.41)02/20/2014 65555 PERSONAL COMPUTER EQ REFUND OF ACCIDENTAL PURCHASE ADMN SVCS/INFO SYS AMAZON.COM $ 89.04 02/26/2014 65555 PERSONAL COMPUTER EQ 8 DATA CARTRIDGES FOR JIM ADMN SVCS/INFO SYS ADOBE SYSTEMS, INC. $ 31.86 02/26/2014 65555 PERSONAL COMPUTER EQ ADOBE CLOUD ADMN SVCS/PARKIING SVCS PRINCETON GLOB00 OF 00 $ 299.90 02/03/2014 62360 MEMBERSHIP DUES ANNUAL MEMBERSHIP CHARGE THAT IS BEING DISPUTED. SPOKE WITH VENDOR AND THEY ARE GOING TO CREDIT ACCOUNT. ACCOUNT PAID IN DECEMBER 2013. ADMN SVCS/PARKIING SVCS WW GRAINGER $ 471.06 02/05/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL FLOURESCENT LAMPS AND METER BATTERIES (OLD PAKING METERS) ADMN SVCS/PARKIING SVCS LEMOI ACE HARDWARE $ 21.04 02/05/2014 65085 MINOR EQUIPMENT AND TOOLS PARTS AND TOOLS FOR REPAIRS. ADMN SVCS/PARKIING SVCS BIOTEK CORPORATION $ 817.53 02/06/2014 62225 BLDG MAINT SVCS DE-ICING CHEMICALS FOF THE MAPLE GARAGE ADMN SVCS/PARKIING SVCS LEMOI ACE HARDWARE $ 33.34 02/06/2014 65085 MINOR EQUIP & TOOLS PARTS AND TOOLS FOR REPAIRS. ADMN SVCS/PARKIING SVCS B2B NETWORX INC $ (19.95)02/10/2014 62360 MEMBERSHIP DUES NETWORKS INCLUSION PROGRAM, PRINCETON GLOBAL DISPUTE CREDIT. 44 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 3 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION ADMN SVCS/PARKIING SVCS LEMOI ACE HARDWARE $ 45.06 02/19/2014 65085 MINOR EQUIP & TOOLS PARTS AND TOOLS FOR REPAIRS. ADMN SVCS/PARKIING SVCS EVANSTON SIGNS AND GRA $ 50.00 02/20/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL NO LOADING ZONE SIGNS ADMN SVCS/PARKIING SVCS LEMOI ACE HARDWARE $ 31.99 02/24/2014 65085 MINOR EQUIP & TOOLS PARTS AND TOOLS FOR REPAIRS. ADMN SVCS/PARKIING SVCS MTS SAFETY PRODUCTS IN $ 335.35 02/28/2014 65090 SAFETY EQUIPMENT SAFETY RAINCOATS FOR CROSSING GUARD STAFF. CITY COUNCIL ADMIN AMTRAK .CO0350717540107 $ 35.70 02/06/2014 62295 TRAINING & TRAVEL ROUNDTRIP TRAIN TICKET FOR THE MAYOR - NWMC LEGISLATIVE DAYS IN SPRINGFIELD - MAR. 25-27, 2014 CITY COUNCIL ADMIN COMCAST CHICAGO $ 503.00 02/07/2014 64505 TELECOMMUNICATIONS CARRIER LINE CH HIGH SPEED INTERNET ONLY AT THE HOME OF 5TH WARD ALDERMAN FOR THE MONTHS OF JANUARY 2014-JULY 2014 CITY COUNCIL ADMIN COMCAST CHICAGO $ 442.00 02/07/2014 64505 TELECOMMUNICATIONS CARRIER LINE CH HIGH SPEED INTERNET ONLY FOR THE HOME OF 3RD WARD ALDERMAN FOR JANUARY 2014-JULY 2014. CITY COUNCIL ADMIN COMCAST CHICAGO $ 456.00 02/07/2014 64505 TELECOMMUNICATIONS CARRIER LINE CH HIGH SPEED INTERNET ONLY FOR THE HOME OF 8TH WARD ALDERMAN FOR JANUARY 2014-JULY 2014. CITY COUNCIL ADMIN AMTRAK TEL0350717540107 $ (17.85)02/07/2014 62295 TRAINING & TRAVEL REIMBURSEMENT FOR CHANGING ROUNDTRIP TRAIN TICKET FOR MAR. 25-27, 2014 FOR NWMC LEGISLATIVE DAYS IN SPRINGFIELD FOR THE MAYOR TO A ONE- WAY TICKET FOR 3/27/13. CITY COUNCIL ADMIN NATIONAL LEAGUE OF CIT $ 585.00 02/26/2014 62295 TRAINING & TRAVEL REGISTRATION FEE FOR NATIONAL LEAGUE OF CITIES CONFERENCE - MARCH 9- 12, 2014 IN WASHINGTON, DC FOR 3RD WARD ALDERMAN CITY COUNCIL ADMIN AMERICAN 00173345509562 $ 329.00 02/27/2014 62295 TRAINING & TRAVEL AIRFARE FOR NATIONAL LEAGUE OF CITIES CONFERENCE, WASHINGTON, DC - MARCH 2014 FOR 3RD WARD ALDERMAN. CITY COUNCIL ADMIN OWW ORBITZ.COM $ 21.99 02/27/2014 62295 TRAINING & TRAVEL AIRFARE FOR NATIONAL LEAGUE OF CITIES CONFERENCE, WASHINGTON, DC - MARCH 2014 FOR 3RD WARD ALDERMAN. CITY COUNCIL ADMIN AMTRAK - J0565132595648 $ 44.05 02/27/2014 62295 TRAINING & TRAVEL TRAIN TICKET FOR NWMC LEGISLATIVE DAYS IN SPRINGFIELD, MARCH 27, 2014 FOR THE MAYOR CITY COUNCIL ADMIN OMNI SHOREHAM $ 958.38 02/28/2014 62295 TRAINING & TRAVEL HOTEL ACCOMMODATIONS FOR NATIONAL LEAGUE OF CITIES CONFERENCE, WASHINGTON, DC - MARCH 2014 FOR 3RD WARD ALDERMAN CITY COUNCIL ADMIN HILTON HOTELS SPRING $ 178.08 02/28/2014 62295 TRAINING & TRAVEL HOTEL ACCOMMODATIONS: EVANSTON DAY IN SPRINGFIELD FEB. 25-26, 2014 FOR THE MAYOR. CITY MGR'S OFF UNITED 01629252293325 $ 6.99 02/03/2014 62295 TRAINING & TRAVEL INFLIGHT WI-FI CITY MGR'S OFF POTBELLY 005 $ 110.50 02/04/2014 65025 FOOD COUNCIL FOOD CITY MGR'S OFF JEWEL #3428 $ 33.74 02/04/2014 62295 TRAINING & TRAVEL MANAGEMENT MEETING CITY MGR'S OFF ILLINOIS MUNICIPAL LEA $ 76.00 02/04/2014 65010 BOOKS, PUBLICATIONS, MAPS PROF DEVELOPMENT BOOKS CITY MGR'S OFF IPN/PAYMENTNETWORK $ 535.32 02/04/2014 62490 OTHER PROGRAM COSTS TRANSLATION CITY MGR'S OFF FACEBK ZDN5L52EV2 $ 9.24 02/04/2014 62205 ADVERTISING WEB ADVERTISING 45 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 4 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION CITY MGR'S OFF WP-FEE.COM $ 26.00 02/04/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE WEB SOFTWARE CITY MGR'S OFF EINSTEIN BROS BAGELS13 $ 43.95 02/05/2014 62295 TRAINING & TRAVEL MANAGER'S MEETING CITY MGR'S OFF GOOGLE GOOGLE STORAGE $ 2.49 02/05/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE WEB STORAGE CITY MGR'S OFF TAGS BAKERY $ 32.95 02/06/2014 62295 TRAINING & TRAVEL MANAGERS MEETING CITY MGR'S OFF FS JOTFORM $ 9.95 02/06/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE MONTHLY WEB SOFTWARE CITY MGR'S OFF WP ENGINE $ 104.00 02/06/2014 62340 IS SUPPORT FEES WEB HOSTING SOFTWARE CITY MGR'S OFF ADOBE SYSTEMS, INC. $ 21.24 02/06/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE WEB SOFTWARE CITY MGR'S OFF ADOBE SYSTEMS, INC. $ 53.11 02/07/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE WEB SOFTWARE MEMBERSHIP CITY MGR'S OFF ZAPIER.COM $ 15.00 02/07/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE WEB SOFTWARE MEMBERSHIP CITY MGR'S OFF HOTELS.COM $ 188.86 02/10/2014 62295 TRAINING & TRAVEL ILCMA CONFERENCE CITY MGR'S OFF FACEBK TNP9P5EDV2 $ 17.13 02/10/2014 62205 ADVERTISING WEB ADVERTISING CITY MGR'S OFF LOU MALNATI'S PIZZERIA $ 134.75 02/11/2014 65025 FOOD COUNCIL FOOD CITY MGR'S OFF NEXT AMERICAN CITY $ 20.00 02/17/2014 62295 TRAINING & TRAVEL CONFERENCE CITY MGR'S OFF AMTRAK .CO0440616544241 $ 263.80 02/17/2014 62295 TRAINING & TRAVEL DAY AT SPRINGFIELD CITY MGR'S OFF UNITED 01629263283222 $ 6.99 02/17/2014 62295 TRAINING & TRAVEL INFLIGHT WI-FI CITY MGR'S OFF RIGHTSIGNATURE LLC $ (468.00)02/17/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE REFUND CMO SOFTWARE CITY MGR'S OFF ECO PROMOTIONAL PRODUC $ 722.00 02/17/2014 65125 OTHER COMMODITIES STATE OF THE CITY 4-STAR AWARD CITY MGR'S OFF ALLIANCE FOR INNOVATIO $ 450.00 02/18/2014 62295 TRAINING & TRAVEL CONFERENCE CITY MGR'S OFF DIXIE KITCHEN & BAIT S $ 181.28 02/19/2014 65025 FOOD COUNCIL FOOD CITY MGR'S OFF AMAZON MKTPLACE PMTS $ 11.01 02/19/2014 65095 OFFICE SUPPLIES OFFICE SUPPLIE CITY MGR'S OFF ADOBE SYSTEMS, INC. $ 10.61 02/19/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE WEB SOFTWARE CITY MGR'S OFF FEDEXOFFICE 00036277 $ 198.90 02/20/2014 62210 PRINTING CENTRAL STREET WINDOW CLINGS CITY MGR'S OFF PAYPAL MULTILINGUA $ 150.00 02/21/2014 62490 OTHER PROGRAM COSTS TRANSLATION SERVICES CITY MGR'S OFF UNITED 01629269023546 $ 6.99 02/24/2014 62295 TRAINING & TRAVEL INFLIGHT WI-FI CITY MGR'S OFF POTBELLY 005 $ 164.25 02/25/2014 65025 FOOD COUNCIL FOOD CITY MGR'S OFF ISSUU PUBLISHING $ 19.00 02/25/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE WEB SOFTWARE CITY MGR'S OFF TAGS BAKERY $ 15.95 02/26/2014 65025 FOOD COUNCIL FOOD CITY MGR'S OFF OFFICE DEPOT #510 $ 29.99 02/26/2014 62295 TRAINING & TRAVEL SPRINGFIELD DAY SUPPLIES CITY MGR'S OFF JEWEL #3456 $ 37.94 02/26/2014 62295 TRAINING & TRAVEL SPRINGFIELD DAY SUPPLIES CITY MGR'S OFF WWW.LOGMEIN.COM $ 133.03 02/26/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE WEB SOFTWARE CITY MGR'S OFF FEDEXOFFICE 00036277 $ 61.00 02/27/2014 62210 PRINTING CENTRAL STREET WINDOW CLINGS CITY MGR'S OFF BKF BOOKFRESH $ 19.95 02/27/2014 64545 (IS ONLY) PERSONAL COMP SOFTWARE TESTING SOFTWARE 46 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 5 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION CITY MGR'S OFF JIMMY JOHN'S 137 - ECO $ 428.05 02/28/2014 62295 TRAINING & TRAVEL DAY IN SPRINGFIELD CITY OF EVANSTON VIRGINIA RAILWAY EXPRE $ 18.20 02/03/2014 62295 TRAINING & TRAVEL VIRGINIA RAILWAY TICKETTRANSPORTATION CITY OF EVANSTON MAINSTORE STOR12010112 $ 24.99 02/04/2014 65095 OFFICE SUPPLIES HEADPHONE FOR COMPUTER IN LIBRARY FBI-NA 256 CITY OF EVANSTON PAY AT PUMPS/S12020012 $ 12.00 02/04/2014 65035 PETROLEUM PRODUCTS OUT OF TOWN FUEL FOR CAR 83 CITY OF EVANSTON LEMOI ACE HARDWARE $ 45.47 02/05/2014 62490 OTHER PROGRAM COSTS ANIMAL CLEANING SUPPLIES CITY OF EVANSTON GFS MKTPLC #1915 $ 52.92 02/05/2014 65025 FOOD SNACK ITEMS CITY OF EVANSTON FBI NAA $ 95.00 02/10/2014 65020 CLOTHING FBI-NATIONAL ACADEMY UNIFORMS CITY OF EVANSTON THE HOME DEPOT 1902 $ 3.70 02/10/2014 65110 REC PROGRAM SUPPLIES PLANT RACK HARDWARE CITY OF EVANSTON LEMOI ACE HARDWARE $ 8.33 02/10/2014 65110 REC PROGRAM SUPPLIES PLANT RACK HARDWARE CITY OF EVANSTON WAL-MART #2438 $ 46.30 02/10/2014 65095 OFFICE SUPPLIES PRINTER CARTRIDGE CITY OF EVANSTON FBI NAA $ 304.32 02/13/2014 65095 OFFICE SUPPLIES FBI-NATIONAL ACADEMY ASSOCIATES PLAQUES, DESK BLOCK, DIPLOMA FRAMES CITY OF EVANSTON WAL-MART #2438 $ 5.87 02/13/2014 65090 SAFETY EQUIPMENT LOCKER PAD LOCK CITY OF EVANSTON OFFICE DEPOT #1105 $ 140.39 02/18/2014 62295 TRAINING & TRAVEL FURNITURE PURCHASE (50%) CITY OF EVANSTON OFFICE DEPOT #1105 $ 140.39 02/18/2014 62295 TRAINING & TRAVEL FURNITURE PURCHASE (50%) CITY OF EVANSTON UNITED 01629264876960 $ 29.00 02/18/2014 62295 TRAINING & TRAVEL TRAVEL TRAINING CHARGE, $29.00 CREDITED BACK ON 2/19/14 AFTER FLIGHT WAS CANCELLED DO TO SNOW STORM CITY OF EVANSTON JEWEL #3456 $ 12.56 02/19/2014 62490 OTHER PROGRAM COSTS ANIMAL SUPPLIES CITY OF EVANSTON UNITED 01629265484965 $ 34.00 02/19/2014 62295 TRAINING & TRAVEL TRAVEL TRAINING AIR FARE FOR RESCHEDULED FLIGHT AFTER ORIGINAL FLIGHT WAS CANCELLED DO TO SNOW STORM CITY OF EVANSTON UNITED 01629264876960 $ (29.00)02/19/2014 62295 TRAINING & TRAVEL TRAVEL TRAINING AIRFARE CREDIT FROM CANCELLED FLIGHT ON 2/16/14 DO TO SNOW STORM CITY OF EVANSTON SQ DAVID GOMEZ $ 293.00 02/20/2014 62507 FIELD TRIPS FIELD TRIP TO PHILLADELPDIA , PA. POLICE HEADQUARTERS AND TRAINING ACADEMY FBI- NATIONAL ACADEMY TRAINING CITY OF EVANSTON FAMOUS RAY'S PIZZA $ 7.89 02/24/2014 65025 FOOD MEAL ALLOWANCE DURING FIELD TRIP TO NYPD POLICE HEADQUARTERS FBI-NATIONAL ACADEMY TRAINING CITY OF EVANSTON FAMOUS RAY'S PIZZA $ 13.83 02/24/2014 65025 FOOD MEAL ALLOWANCE DURING NYPD FIELD TRIP CITY OF EVANSTON O'HARA'S RESTAURANT $ 20.00 02/25/2014 65025 FOOD MEAL ALLOWANCE DURING NYPD FIELD TRIP FBI-NATIONAL ACADEMY TRAINING CITY OF EVANSTON O'HARA'S RESTAURANT $ 25.00 02/25/2014 65025 FOOD MEAL ALLOWANCE NYPD FIELD TRIP POLICE HQ FBI-NATIONAL ACADEMY TRAINING COMM ECON DEV/ADMIN IEDC ONLINE $ 95.00 02/06/2014 62295 TRAINING & TRAVEL WEBINAR COMM ECON DEV/ADMIN SUN TIMES MEDIA ADVERT $ 41.60 02/14/2014 62205 ADVERTISING PLAN COMMISSION PUBLIC MTNG NOTICE #732004 COMM ECON DEV/ADMIN SUN TIMES MEDIA ADVERT $ 4.80 02/18/2014 62205 ADVERTISING PLAN COMMISSION PUBLIC MTG NOTICE #732004 CHARGE FOR EXTRA LINE COMM ECON DEV/ADMIN STRIKING.LY $ 24.95 02/24/2014 62660 BUSINESS ATTRACTION/EXPANSION NEXTCHAPTEREVANSTON.COM DOMAIN COMM ECON DEV/ADMIN SUN TIMES MEDIA ADVERT $ 72.00 02/25/2014 62205 ADVERTISING ZBA PUBLIC NOTICE #736144 COMM ECON DEV/ADMIN LAMBDA ALPHA INTERNATI $ 50.00 02/26/2014 62360 MEMBERSHIP DUES MEMBERSHIP 47 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 6 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION COMM ECON DEV/ADMIN LAMBDA ALPHA INTERNATI $ 225.00 02/26/2014 62360 MEMBERSHIP DUES MEMBERSHIP COMM ECON DEV/ADMIN LAMBDA ALPHA INTERNATI $ (50.00)02/27/2014 62360 MEMBERSHIP DUES CREDIT ON CHARGE FOR MEMBERSHIP COMM ECON DEV/BLDG PS ILFLS COM $ 59.95 02/25/2014 62345 COURT COSTS/LITIGATION MONTHLY FEE FOR FORECLOSURE WEBSITE FIRE/ADMINANSTON 111 S WACKER DR GARAGE $ 34.00 02/03/2014 62295 TRAINING & TRAVEL PARKING COOK COUNTY HMPG MEETING FIRE/ADMINANSTON FEDEX 830107280579 $ 13.07 02/03/2014 62245 OTHER EQ MAINT ROCHE SHIP BACK TO KNOX COMPANY FIRE/ADMINANSTON LIFEGUARDMA $ 79.80 02/05/2014 65075 MEDICAL & LAB SUPPLIES DIVING BRICKS FOR WATER RESCUE TEAM FIRE/ADMINANSTON FS FORTRESGRAND $ 39.99 02/05/2014 65075 MEDICAL & LAB SUPPLIES LOCK DOWN FOR EMS COMPUTER FIRE/ADMINANSTON MURRAYS SPORTS $ 77.80 02/05/2014 65075 MEDICAL & LAB SUPPLIES PERSONAL RADIO HARNESS FOR WATER RESCUE TEAM FIRE/ADMINANSTON RUSSO POWER - NAPERVIL $ 258.61 02/05/2014 65085 MINOR EQUIPMENT AND TOOLS TOOL REPAIR FIRE/ADMINANSTON THE HOME DEPOT 1902 $ 20.68 02/06/2014 65085 MINOR EQUIP & TOOLS SMALL TOOL FIRE/ADMINANSTON SKOKIE BP 504 QPS $ 3.63 02/07/2014 62295 TRAINING & TRAVEL MEETING REFRESHMENTS FLEET FIRE/ADMINANSTON HERMS PALACE $ 32.00 02/07/2014 62295 TRAINING & TRAVEL MEETING REFRESHMENTS FLEET FIRE/ADMINANSTON KOHL'S #0066 $ 75.76 02/10/2014 62245 OTHER EQ MAINT EOC PROJECTOR FOR COMPUTER FIRE/ADMINANSTON AAA APPLIANCE SERVI $ 690.97 02/12/2014 65050 BUILDING MAINTENANCE MATERIAL SERVICE AND REPAIRS FS#3 RANGE/OVEN FIRE/ADMINANSTON BH SUHR & COMPANY INC $ 550.00 02/13/2014 65050 BUILDING MAINTENANCE MATERIAL PLAT OF SURVEY FS#4 CONSTRUCTION PROJECT. FIRE/ADMINANSTON CITY OF EVANSTON, IL $ 60.00 02/14/2014 62295 TRAINING & TRAVEL EVANSTON DAY(SPRINGFIELD) FIRE/ADMINANSTON RADIOSHACK COR00164145 $ 7.98 02/17/2014 65085 MINOR EQUIP & TOOLS SMALL TOOL FIRE/ADMINANSTON THE HOME DEPOT 1902 $ 19.97 02/17/2014 65085 MINOR EQUIPMENT AND TOOLS SMALL TOOL FIRE/ADMINANSTON CASEYS GEN STORE 2939 $ 55.00 02/19/2014 62295 TRAINING & TRAVEL FUEL. MABAS CONFERENCE FIRE/ADMINANSTON DIVE RESCUE INTERNATIO $ 360.00 02/19/2014 62295 TRAINING & TRAVEL WATER OPERATIONS OFFICER DEVELOPMENT CLASS (HOHL) FIRE/ADMINANSTON WORLDPOINT ECC $ 127.95 02/20/2014 65625 FURNITURES AND FIXTURES CPR BOOKS HEART SAVER FIRE/ADMINANSTON NORTHEAST ILLINOIS COU $ 496.00 02/21/2014 62360 MEMBERSHIP DUES FD EXPLORER POST 911 PROGRAM ENROLLMENT/INSURANCE FIRE/ADMINANSTON FULLERS CAR WASH OF W $ 3.00 02/25/2014 62295 TRAINING & TRAVEL CAR WASH #342 FIRE/ADMINANSTON FOOD4LESS #0558 $ 9.98 02/25/2014 65040 JANITORIAL SUPPLIES JANITORIAL SUPPLIES FIRE/ADMINANSTON SHELL OIL 57444165609 $ 52.01 02/28/2014 62295 TRAINING & TRAVEL FUEL FLEET #342 HEALTH NEHA $ 575.00 02/12/2014 62474 HEALTH PROTECTION GRANT REGISTRATION FEE FOR NEHA (NATIONAL ENV. HEALTH ASSOC.) 78TH ANNUAL EDUCATIONAL CONFERENCE IN LAS VEGAS (FOR: C. FERGUSON) 48 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 7 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION HEALTH MEETUP.COM $ 36.00 02/13/2014 62371 WOMEN OUT WALKING WOW PROGRAM ADVERTISING HEALTH COSMOPOLITAN RSRT ADV $ 155.68 02/14/2014 62474 HEALTH PROTECTION GRANT DEPOSIT FOR HOTEL STAY IN LAS VEGAS FOR NEHA 78TH ANNUAL EDUCATIONAL CONF. (FOR: C. FERGUSON) HEALTH ILLINOIS PUBLIC HEALTH $ 115.00 02/14/2014 62295 TRAINING & TRAVEL EVONDA SMITH REGISTRATION FOR THE 2014 ILLINOIS MINORITY HEALTH CONFERENCE HEALTH SPIRIT AI 48700969239320 $ 332.98 02/14/2014 62474 HEALTH PROTECTION GRANT FLIGHT TO LAS VEGAS FOR NEHA 78TH ANNUAL EDUCATIONAL CONF. (FOR: C. FERGUSON) HEALTH BENNISONS BAKERY INC $ 89.75 02/14/2014 65025 FOOD STAFF MEETING HEALTH AMTRAK .CO0510689540738 $ 114.00 02/24/2014 62295 TRAINING & TRAVEL EVONDA TRAVEL TO EFFINGHAM FOR GATI TRAINING HEALTH MOORE MEDICAL LLC $ 177.40 02/24/2014 65045 LICENSING/REGULATORY SUPPLIES GLOVES FOR ENVIRONMENTAL HEALTH INSPECTORS HEALTH UW OSHKOSH DIV OF CONT $ 395.00 02/24/2014 62474 HEALTH PROTECTION GRANT LEHP ONLINE CLASSES (FOR: J. DICICCO) HEALTH MEDLINE $ 153.47 02/27/2014 65045 LICENSING/REGULATORY SUPPLIES BATTERIES FOR ENVIRONMENTAL HEALTH INSPECTORS. HEALTH CROWNE PLAZA COLUMBUS $ 104.58 02/28/2014 62474 HEALTH PROTECTION GRANT HOTEL STAY IN COLUMBUS, OHIO FOR USGS MODELING CONFERENCE FOR BEACHES (FOR: A. MCILWEE) LAW/LEGAL COOKEFILE-14LRU4Q2 $ 3.95 02/04/2014 62345 COURT COSTS/LITIGATION ELECTRONIC FILING LAW/LEGAL SUMMIT BUSINESS ME $ 449.00 02/12/2014 62295 TRAINING & TRAVEL CONFERENCE FOR GRANT FARRAR LAW/LEGAL IMLA $ 865.00 02/12/2014 62360 MEMBERSHIP DUES MEMBERSHIP FOR GRANT FARRAR- IMLA LAW/LEGAL METRA DAVIS ST EVANSTO $ 42.50 02/12/2014 62345 COURT COSTS/LITIGATION METRA TRAIN RIDE TICKET TO COURT FOR LITIGATION CASE LAW/LEGAL CITY OF EVANSTON-SH $ 5.00 02/12/2014 65010 BOOKS, PUBLICATIONS, MAPS MISCELLANEOUS EXPENSE LAW/LEGAL 55 EAST MONROE $ 27.00 02/14/2014 62345 COURT COSTS/LITIGATION PARKING EXPENSE FOR LITIGATION CASE LAW/LEGAL 55 EAST MONROE $ 30.00 02/24/2014 62345 COURT COSTS/LITIGATION PARKING EXPENSE FOR LITGATION CASE LAW/LEGAL DEFENSE RESEARCH INSTI $ 160.00 02/27/2014 62295 TRAINING & TRAVEL TRAINING FOR GRANT FARRAR LAW/LEGAL AMERICAN BAR ASSOCIATI $ 195.00 02/28/2014 62295 TRAINING & TRAVEL CLASS FOR MICHELLE MASONCUP LAW/LEGAL AMERICAN BAR ASSOCIATI $ 150.00 02/28/2014 62295 TRAINING & TRAVEL CONFERENCE FOR MARIO TRETO POLICE DEPT/ADMIN US FLEET TRACKING LLC $ 39.95 02/03/2014 41340 RESERVE NARCOTICS SEIZURE GPS TRACKING MONTHLY CHARGE POLICE DEPT/ADMIN AMAZON.COM $ 27.98 02/03/2014 64540 TELECOMMUNICATIONS - WIR KVM MULTI COMPUTER/ 1 MONITOR SWITCH FOR RECORDS ID MACHINE POLICE DEPT/ADMIN FREDPRYOR CAREERTRACK $ 199.00 02/04/2014 62295 TRAINING & TRAVEL MANAGEMENT TRAINING COURSE FOR 311 MANAGER POLICE DEPT/ADMIN AMAZON MKTPLACE PMTS $ 99.95 02/06/2014 65125 OTHER COMMODITIES VOICE RECORDER FOR CHIEF POLICE DEPT/ADMIN AMAZON MKTPLACE PMTS $ 41.31 02/07/2014 64540 TELECOMMUNICATIONS - WIR MOTOROLA PHONE BATTERIES POLICE DEPT/ADMIN AMAZON.COM $ 17.04 02/07/2014 64540 TELECOMMUNICATIONS - WIR MOTOROLA PHONE CHARGERS FOR CELLPHONES POLICE DEPT/ADMIN LEMOI ACE HARDWARE $ 59.57 02/10/2014 65040 JANITORIAL SUPPLIES JANITORIAL SUPPLIES 49 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 8 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION POLICE DEPT/ADMIN AIRSPLAT.COM $ 717.74 02/17/2014 62295 TRAINING & TRAVEL AIRSOFT GUNS FOR TRAINING POLICE DEPT/ADMIN NU CPS REGISTRATION $ 1,100.00 02/17/2014 62295 TRAINING & TRAVEL BLOODSTAIN EVIDENCE TRAINING POLICE DEPT/ADMIN AMAZON.COM $ 1,194.95 02/19/2014 62295 TRAINING & TRAVEL BODY BAGS FOR TRAINING POLICE DEPT/ADMIN PLI JOTFORM $ 9.95 02/19/2014 65095 OFFICE SUPPLIES ELECTRONIC FORM FOR INTELLIGENCE POLICE DEPT/ADMIN INTERNATIONAL TRANSACTION FEE $ 0.08 02/19/2014 65095 OFFICE SUPPLIES INTERNATIONAL TRANSACTION FEE POLICE DEPT/ADMIN JACKSON-HIRSH, INC. $ 210.00 02/20/2014 65105 PHOTO/DRAFTING SUPPLIES LAMINATING MACHINE SUPPLIES POLICE DEPT/ADMIN AIRSPLAT.COM $ 721.74 02/21/2014 62295 TRAINING & TRAVEL AIRSOFT GUNS FOR TRAINING POLICE DEPT/ADMIN AMAZON.COM $ 1,099.95 02/21/2014 62295 TRAINING & TRAVEL BODY BAGS FOR TRAINING POLICE DEPT/ADMIN BUDGET RENT-A-CAR $ 363.44 02/24/2014 62375 RENTALS NORTAF BURGLARY TASK FORCE CAR RENTAL POLICE DEPT/ADMIN GEOFEEDR $ 333.33 02/26/2014 65125 OTHER COMMODITIES SOCIAL MEDIA ENGAGEMENT PLATFORM MONTHLY CHARGE POLICE DEPT/ADMIN AIRSPLAT.COM $ 619.81 02/27/2014 62295 TRAINING & TRAVEL AIRSOFT GUNS FOR TRAINING POLICE DEPT/ADMIN IDENTISYS INC. $ 332.63 02/28/2014 65105 PHOTO/DRAFTING SUPPLIES SUPPLIES FOR ID CAMERA PRCS/CHAND NEWB CNTR TARGET 00009274 $ 143.37 02/04/2014 65025 FOOD PIRATE BOOTY SNACKS, COOKIES, GOLDFISH, PRETZELS, RAISINS...SNACKS FOR PRESCHOOL PROGRAMS PRCS/CHAND NEWB CNTR THE HOME DEPOT 1902 $ 41.86 02/05/2014 65050 BUILDING MAINTENANCE MATERIAL DRILL BITS, GLOVES, FASTENERS, ITEMS FOR MINOR REPAIRS AT CHANDLER AND PARK SHELTERS PRCS/CHAND NEWB CNTR GET SMART PRODUCTS $ 706.95 02/05/2014 65110 REC PROGRAM SUPPLIES PHOTO HOLDERS FOR 4TH & 5TH GRADE BASKETBALL LEAGUE TEAM PHOTOS PRCS/CHAND NEWB CNTR KRAMES STAYWELL $ 185.41 02/10/2014 65110 REC PROGRAM SUPPLIES PARTICIPANT MANUALS FOR AMERICAN RED CROSS CPR AND FIRST AID CLASSES PRCS/CHAND NEWB CNTR TARGET 00009274 $ 38.94 02/12/2014 65110 REC PROGRAM SUPPLIES PASTA, ZIP LOCK BAGGIES FOR PRESCHOOL PUZZLES PRCS/CHAND NEWB CNTR US TOY CO INC 2 $ 59.34 02/13/2014 65110 REC PROGRAM SUPPLIES CONSTRUCTION PAPER, TREAT BAGS, TABLE CLOTHS, DECORATIONS AND ART SUPPLIES FOR VALENTINE'S DAY EVENT HOSTED BY FLEETWOOD PRCS/CHAND NEWB CNTR MICHAELS STORES 2037 $ 105.57 02/14/2014 65110 REC PROGRAM SUPPLIES ART SUPPLIES: POTS, STICKERS, PIPE CLEANERS, GOODY BAGS, TISSUE PAPER AND STYROFOAM BALLS FOR VALENTINE'S DAY EVENT HOSTED BY FLEETWOOD PRCS/CHAND NEWB CNTR ARC SERVICES/TRAINING $ 57.00 02/17/2014 62360 MEMBERSHIP DUES PER PERSON FEES FOR AMERICAN RED CROSS CPR CLASS CERTIFICATION PRCS/CHAND NEWB CNTR TARGET 00009274 $ 11.60 02/17/2014 65110 REC PROGRAM SUPPLIES TISSUE PAPER FOR VALENTINE'S DAY EVENT HOSTED BY FLEETWOOD 50 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 9 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/CHAND NEWB CNTR SUN TIMES MEDIA CIRC $ 14.00 02/20/2014 65010 BOOKS, PUBLICATIONS, MAPS EVANSTON REVIEW FOR 1 YEAR AT CHANDLER. NEGOTIATED A LOWER PRICE THAN REGULAR COST. PRCS/CHAND NEWB CNTR MIDWEST TIME RECORDER $ 185.00 02/26/2014 62245 OTHER EQ MAINT MAINTENANCE AND REPAIRS TO EMPLOYEE TIME CLOCK. PRCS/CHAND NEWB CNTR TARGET 00009274 $ 59.98 02/26/2014 65110 REC PROGRAM SUPPLIES SNACKS FOR TIME TOGETHER AND PLAY SCHOOL PROGRAM, PAPER PLATES AND PLAY DOUGH FOR PLAY SCHOOL PROGRAM ART PROJECTS PRCS/CHAND NEWB CNTR MIDWEST TIME RECORDER $ 101.00 02/26/2014 65095 OFFICE SUPPLIES TIME PUNCH CARDS FOR EMPLOYEE TIME CLOCK PRCS/CHAND NEWB CNTR AMERICAN CAMPING ASSO- $ 186.00 02/27/2014 62295 TRAINING & TRAVEL REGISTRATION FOR AMERICAN CAMP ASSOCIATION MID-STATES CONFERENCE PRCS/COMMUNITY SERVICES TAGS BAKERY $ 14.87 02/03/2014 65025 FOOD VOLUNTEER OMBUDSMAN MEETING REFRESHMENT PRCS/COMMUNITY SERVICES JEWEL #3487 $ 21.45 02/07/2014 65025 FOOD COA MEETING PRCS/COMMUNITY SERVICES NASW ONLINE $ 190.00 02/11/2014 62360 MEMBERSHIP DUES NASW MEMBERSHIP FOR SOCIAL WORK LICENSE RENEWAL PRCS/ECOLOGY CNTR JEWEL #3456 $ 8.33 02/03/2014 62490 OTHER PROGRAM COSTS ANIMAL CARE (32.12%) PRCS/ECOLOGY CNTR JEWEL #3456 $ 17.60 02/03/2014 65110 REC PROGRAM SUPPLIES B-DAY AND GROUNDHOG CELEBRATION (67.88%) PRCS/ECOLOGY CNTR PETSMART INC 427 $ 110.61 02/06/2014 62490 OTHER PROGRAM COSTS ANIMAL CARE PRCS/ECOLOGY CNTR TARGET 00009274 $ 35.94 02/06/2014 65110 REC PROGRAM SUPPLIES STORAGE BINS PRCS/ECOLOGY CNTR JEWEL #3484 $ 27.92 02/10/2014 65110 REC PROGRAM SUPPLIES FILM FEST PRCS/ECOLOGY CNTR PARTY CITY #15 $ 27.93 02/10/2014 65110 REC PROGRAM SUPPLIES FILM FEST PRCS/ECOLOGY CNTR PETSMART INC 427 $ 35.59 02/14/2014 62490 OTHER PROGRAM COSTS ANIMAL CARE PRCS/ECOLOGY CNTR TARGET 00009274 $ 106.77 02/14/2014 65110 REC PROGRAM SUPPLIES NIGHT HIKE LANTERNS PRCS/ECOLOGY CNTR LEMOI ACE HARDWARE $ 19.96 02/14/2014 65110 REC PROGRAM SUPPLIES SPROUTS CLASS PRCS/ECOLOGY CNTR JEWEL #3487 $ 20.53 02/14/2014 65110 REC PROGRAM SUPPLIES SPROUTS CLASS PRCS/ECOLOGY CNTR THE HOME DEPOT 1902 $ 141.81 02/17/2014 65110 REC PROGRAM SUPPLIES FIRE CIRCLE AND HOOKS PRCS/ECOLOGY CNTR THE HOME DEPOT 1902 $ 61.88 02/17/2014 65110 REC PROGRAM SUPPLIES MOONLIGHT NIGHT HIKE FLASHLIGHTS PRCS/ECOLOGY CNTR TARGET 00009423 $ 172.40 02/17/2014 65110 REC PROGRAM SUPPLIES NIGHT HIKE SUPPLIES AND LANTERNS PRCS/ECOLOGY CNTR GETHSEMANE GARDEN CENT $ 41.59 02/17/2014 65110 REC PROGRAM SUPPLIES SPROUTS CLASS 51 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 10 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/ECOLOGY CNTR JEWEL #3456 $ 28.92 02/18/2014 65025 FOOD PRESIDENTS AND NATURE SNACKS PRCS/ECOLOGY CNTR JEWEL #3456 $ 14.56 02/19/2014 65110 REC PROGRAM SUPPLIES TINY TREKKERS SUPPLIES PRCS/ECOLOGY CNTR JEWEL #3456 $ 28.08 02/20/2014 65110 REC PROGRAM SUPPLIES SPECIAL RECREATION SUPPLIES PRCS/ECOLOGY CNTR JEWEL #3484 $ 35.94 02/24/2014 65025 FOOD APPLE JUICE FOR APPLE CIDER FOR FILM FEST PRCS/ECOLOGY CNTR THE HOME DEPOT 1902 $ 24.71 02/24/2014 65085 MINOR EQUIP & TOOLS BATTERIES AND EXTENSION CORD PRCS/ECOLOGY CNTR PARTY CITY #15 $ 27.95 02/24/2014 65110 REC PROGRAM SUPPLIES FILM FEST HOT CUPS FOR CIDER PRCS/ECOLOGY CNTR JEWEL #3456 $ 19.58 02/24/2014 65110 REC PROGRAM SUPPLIES SYRUP FOR MAPLE MAGIC PROGRAM PRCS/ECOLOGY CNTR PETSMART INC 427 $ 98.47 02/27/2014 62490 OTHER PROGRAM COSTS LIVE AND DRY FOOD, BEDDING (86.8%) PRCS/ECOLOGY CNTR PETSMART INC 427 $ 14.98 02/27/2014 65110 REC PROGRAM SUPPLIES TERRIAMS CLASS BOWLS (13.2%) PRCS/ECOLOGY CNTR EB 10TH ANNIVERSARY-G $ 85.98 02/28/2014 62295 TRAINING & TRAVEL CONTINUING EDUCATION APPROVED BY C. FERRARO PRCS/ECOLOGY CNTR THE HOME DEPOT 1902 $ 57.26 02/28/2014 65110 REC PROGRAM SUPPLIES TERRARIUMS CLASS SUPPLIES PRCS/FAC STANDARD PIPE $ (66.24)02/03/2014 65050 BUILDING MAINTENANCE MATERIAL CREDIT PRCS/FAC MILWAUKEE ELECTRIC TOO $ 237.00 02/03/2014 65050 BUILDING MAINTENANCE MATERIAL EL SHOP PRCS/FAC JOHNSON LOCKSMITH INC $ 9.80 02/03/2014 65050 BUILDING MAINTENANCE MATERIAL JOHNSON LOCK HOWARD STREET PRCS/FAC STANDARD PIPE $ 105.31 02/03/2014 65050 BUILDING MAINTENANCE MATERIAL LEVY CENTER TOILET PRCS/FAC STANDARD PIPE $ 47.40 02/03/2014 65050 BUILDING MAINTENANCE MATERIAL LIBRARY WATER HEATER PRCS/FAC STANDARD PIPE $ 62.77 02/03/2014 65050 BUILDING MAINTENANCE MATERIAL PD TRAP PRCS/FAC STANDARD PIPE $ 66.24 02/03/2014 65050 BUILDING MAINTENANCE MATERIAL PIPE PRCS/FAC THE HOME DEPOT 1902 $ 78.99 02/03/2014 65050 BUILDING MAINTENANCE MATERIAL SUPPLIES PRCS/FAC THE HOME DEPOT 1902 $ 100.00 02/03/2014 65085 MINOR EQUIP & TOOLS TOOLS FOR SHOP PRCS/FAC NCH CORPORATION $ 140.00 02/04/2014 65050 BUILDING MAINTENANCE MATERIAL FIRE #3 DRAIN MAINTAINER 52 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 11 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/FAC WW GRAINGER $ 205.38 02/05/2014 65050 BUILDING MAINTENANCE MATERIAL CHEMICAL PUMP FOR EPD PRCS/FAC THE GARLAND COMPANY $ (20.23)02/05/2014 65050 BUILDING MAINTENANCE MATERIAL CREDIT PRCS/FAC DREISILKER ELEC MOT $ 249.70 02/05/2014 65050 BUILDING MAINTENANCE MATERIAL FAN FOR SERVICE CENTER DOCK UNIT HEATER PRCS/FAC ABLE DISTRIBUTORS $ 450.06 02/05/2014 65050 BUILDING MAINTENANCE MATERIAL GAS VLV DMPSTER, PMP PD PRCS/FAC LEMOI ACE HARDWARE $ 7.66 02/05/2014 65050 BUILDING MAINTENANCE MATERIAL HASP FOR DEMPSTER BEACH HOUSE PRCS/FAC DREISILKER ELEC MOT $ 270.29 02/05/2014 65050 BUILDING MAINTENANCE MATERIAL LIBRARY STAIRWELL HEATER PRCS/FAC STANDARD PIPE $ 93.36 02/05/2014 65050 BUILDING MAINTENANCE MATERIAL STANDARD PRCS/FAC THE HOME DEPOT 1902 $ 41.97 02/05/2014 65085 MINOR EQUIP & TOOLS TOOLS - TORCH PRCS/FAC LAPORT INC $ 326.12 02/06/2014 65040 JANITORIAL SUPPLIES PAPER GOODS FOR LMCC PRCS/FAC THE HOME DEPOT 1902 $ 9.94 02/06/2014 65050 BUILDING MAINTENANCE MATERIAL SUPPLIES PRCS/FAC THE HOME DEPOT 1902 $ 101.68 02/06/2014 65050 BUILDING MAINTENANCE MATERIAL WINDOW FOR DEMPSTER BEACH HOUSE PRCS/FAC THE HOME DEPOT 1902 $ 49.94 02/07/2014 65090 SAFETY EQUIPMENT FLASH LIGHT/SAFETY GLASSES PRCS/FAC LEMOI ACE HARDWARE $ 42.18 02/07/2014 65050 BUILDING MAINTENANCE MATERIAL FLEET SERVICE SHORELINE PRCS/FAC STANDARD PIPE $ 21.66 02/07/2014 65050 BUILDING MAINTENANCE MATERIAL PD 2ND FLR RESTROOM SINK PRCS/FAC WW GRAINGER $ (295.36)02/10/2014 65050 BUILDING MAINTENANCE MATERIAL CREDIT PRCS/FAC APEX CONTROLS $ 524.86 02/10/2014 65050 BUILDING MAINTENANCE MATERIAL FIRE 5 HUMIDIFIER REPLACEMENT CANISTERS PRCS/FAC THE HOME DEPOT 1902 $ 98.94 02/10/2014 65050 BUILDING MAINTENANCE MATERIAL GRILL FOR HOLE IN CEILING WATER LEAK ECOLOGY CENTER PRCS/FAC STANDARD PIPE $ 41.80 02/10/2014 65050 BUILDING MAINTENANCE MATERIAL LIBRARY WATER HEATER PRCS/FAC STANDARD PIPE $ 18.66 02/10/2014 65050 BUILDING MAINTENANCE MATERIAL LMCC DEMO ROOM PRCS/FAC THE HOME DEPOT 1902 $ 12.85 02/10/2014 65050 BUILDING MAINTENANCE MATERIAL LMCC DEMO ROOM PRCS/FAC ABLE DISTRIBUTORS $ 13.85 02/11/2014 65050 BUILDING MAINTENANCE MATERIAL FITTINGS FOR PUMP SNOWMELT PD PRCS/FAC BORNQUIST, INC. $ 180.00 02/12/2014 65050 BUILDING MAINTENANCE MATERIAL BOLIER IGNITION ELECTRODES PRCS/FAC WW GRAINGER $ 238.50 02/12/2014 65050 BUILDING MAINTENANCE MATERIAL CIVIC CENTER LIGHT FIXTURE BULBS 53 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 12 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/FAC LEMOI ACE HARDWARE $ 32.60 02/12/2014 65050 BUILDING MAINTENANCE MATERIAL FLEET SERVICE SHORELINE PRCS/FAC LEMOI ACE HARDWARE $ 9.10 02/12/2014 65050 BUILDING MAINTENANCE MATERIAL GROMETTE FOR PED PRCS/FAC ANDERSON LOCK CO $ 937.16 02/13/2014 65050 BUILDING MAINTENANCE MATERIAL DOOR CLOSERS FOR STOCK PRCS/FAC LEMOI ACE HARDWARE $ 33.51 02/13/2014 65050 BUILDING MAINTENANCE MATERIAL FLAME ROD N. BRANCH FOG HOUSE PRCS/FAC WW GRAINGER $ 89.38 02/14/2014 65050 BUILDING MAINTENANCE MATERIAL AHU FAN BELTS FOR STOCK PRCS/FAC BORNQUIST, INC. $ 8.10 02/14/2014 65050 BUILDING MAINTENANCE MATERIAL BOILER IGNITION ELECTRODES PRCS/FAC SOUTHSIDE CONTROL $ 252.00 02/14/2014 65050 BUILDING MAINTENANCE MATERIAL FIRE #3 HEAT CONTROL VALVE PRCS/FAC DREISILKER ELEC MOT $ 280.27 02/14/2014 65050 BUILDING MAINTENANCE MATERIAL LIBRARY UNIT HEATER FAN MOTOR PRCS/FAC PURE ELECTRIC $ 45.99 02/17/2014 65050 BUILDING MAINTENANCE MATERIAL FIRE #5 EXTERIOR LIGHTS PRCS/FAC LEMOI ACE HARDWARE $ 169.96 02/17/2014 65050 BUILDING MAINTENANCE MATERIAL GUTTER HEAT CABLES FOR PEKISH PIG PRCS/FAC STANDARD PIPE $ 26.36 02/17/2014 65050 BUILDING MAINTENANCE MATERIAL LMCC TOILET PRCS/FAC STANDARD PIPE $ 54.01 02/18/2014 65050 BUILDING MAINTENANCE MATERIAL STANDARD PRCS/FAC ABLE DISTRIBUTORS $ 132.50 02/19/2014 65050 BUILDING MAINTENANCE MATERIAL DEMPSTER STR. WATER HEATER BURNER ASS. PRCS/FAC A & J SEWER SERVICE $ 1,220.00 02/19/2014 65050 BUILDING MAINTENANCE MATERIAL PUMP OUT TRIPLE BASINS FIRE #1-4 PRCS/FAC STANDARD PIPE $ 191.83 02/20/2014 65050 BUILDING MAINTENANCE MATERIAL CROWN DRINKING FOUNTAIN PRCS/FAC STANDARD PIPE $ 76.44 02/20/2014 65050 BUILDING MAINTENANCE MATERIAL CROWN TOILETS PRCS/FAC STANDARD PIPE $ 47.10 02/20/2014 65050 BUILDING MAINTENANCE MATERIAL CROWN WATER LINE PRCS/FAC STANDARD PIPE $ 55.29 02/20/2014 65085 MINOR EQUIP & TOOLS SUPPLY FOR TRUCK PRCS/FAC ABLE DISTRIBUTORS $ (132.50)02/21/2014 65050 BUILDING MAINTENANCE MATERIAL CREDIT PRCS/FAC DREISILKER ELEC MOT $ (270.28)02/21/2014 65050 BUILDING MAINTENANCE MATERIAL CREDIT PRCS/FAC WW GRAINGER $ 277.06 02/21/2014 65050 BUILDING MAINTENANCE MATERIAL FIRE #3 APPARATUS FLR SWITCHES PRCS/FAC WW GRAINGER $ 18.06 02/21/2014 65050 BUILDING MAINTENANCE MATERIAL FIRE #3 APPARATUS FLR SWITCHES 54 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 13 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/FAC STANDARD PIPE $ 23.71 02/21/2014 65050 BUILDING MAINTENANCE MATERIAL LMCC PIPE PRCS/FAC WW GRAINGER $ 205.82 02/21/2014 65050 BUILDING MAINTENANCE MATERIAL PD FAN BELTS PRCS/FAC DREISILKER ELEC MOT $ 30.28 02/21/2014 65085 MINOR EQUIP & TOOLS TOOL POUCH/WIRE CONNECTORS PRCS/FAC JOHNSON LOCKSMITH INC $ 4.90 02/24/2014 65050 BUILDING MAINTENANCE MATERIAL KEYSS FOR FLEETWOOD OVERHEAD DOOR PRCS/FAC LEMOI ACE HARDWARE $ 10.54 02/24/2014 65050 BUILDING MAINTENANCE MATERIAL LMCC MOVE S. LEVINE PRCS/FAC KONEMATIC DOOR SYSTEMS $ 705.68 02/24/2014 65050 BUILDING MAINTENANCE MATERIAL LMCC STEFANIE LEVINE MOVE PRCS/FAC KONEMATIC DOOR SYSTEMS $ 306.53 02/24/2014 65050 BUILDING MAINTENANCE MATERIAL PUSH BUTTON - STOCK PRCS/FAC THE HOME DEPOT 1902 $ 19.00 02/24/2014 65050 BUILDING MAINTENANCE MATERIAL SUPPLIES PRCS/FAC ANDERSON LOCK CO $ 203.60 02/25/2014 65050 BUILDING MAINTENANCE MATERIAL CIRCUIT BOARD FOR LIBRARY DOORS PRCS/FAC STANDARD PIPE $ 131.29 02/25/2014 65050 BUILDING MAINTENANCE MATERIAL CROWN PARTS PRCS/FAC WW GRAINGER $ 654.54 02/25/2014 65050 BUILDING MAINTENANCE MATERIAL FIRE 2 EM BOILER SHUTOFF PRCS/FAC TEC #126 $ 14.08 02/25/2014 65050 BUILDING MAINTENANCE MATERIAL SNOW MELT FITTINGS PRCS/FAC APEX CONTROLS $ 353.03 02/27/2014 65050 BUILDING MAINTENANCE MATERIAL FIRE 1 2 HUMIDIFIER REPLACEMENT CANISTERS PRCS/FAC THE HOME DEPOT 1902 $ 33.47 02/27/2014 62245 OTHER EQ MAINT LEVY PRCS/FAC THE HOME DEPOT 1902 $ 130.77 02/27/2014 65050 BUILDING MAINTENANCE MATERIAL LMCC EMPLOYEE LUNCH ROOM PROJECT PRCS/FAC THE HOME DEPOT 1902 $ 15.43 02/27/2014 65050 BUILDING MAINTENANCE MATERIAL LMCC FITNESS CENTER PRCS/FAC LEMOI ACE HARDWARE $ 27.77 02/27/2014 65050 BUILDING MAINTENANCE MATERIAL PD FAN BELTS PRCS/FAC LEMOI ACE HARDWARE $ 15.32 02/27/2014 65050 BUILDING MAINTENANCE MATERIAL PD FAN BELTS PRCS/FAC STANDARD PIPE $ 125.08 02/27/2014 65050 BUILDING MAINTENANCE MATERIAL STANDARD PRCS/FAC THE HOME DEPOT 1902 $ 29.94 02/27/2014 65085 MINOR EQUIP & TOOLS TOOLS - LONG ALLEN KEYS PRCS/FAC THE HOME DEPOT 1902 $ 25.83 02/28/2014 65050 BUILDING MAINTENANCE MATERIAL FIRE 1 RPZ PRCS/FAC INTUIT MECHANICAL EQU $ 868.23 02/28/2014 65050 BUILDING MAINTENANCE MATERIAL FIRE 2 MANUAL LOW WATER CUTOFF PRCS/FAC STANDARD PIPE $ 114.52 02/28/2014 65050 BUILDING MAINTENANCE MATERIAL LIBRARRY WATER HEATER PRCS/FAC THE HOME DEPOT 1902 $ 75.23 02/28/2014 65050 BUILDING MAINTENANCE MATERIAL LMCC EMPLOYEE LUNCH ROOM PROJECT PRCS/FAC CENTRAL RUG 1 $ 575.00 02/28/2014 65050 BUILDING MAINTENANCE MATERIAL LMCC FLOORING MATERIAL EMPLOYEE LUNCH ROOM PROJECT 55 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 14 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/FAC A & J SEWER SERVICE $ 305.00 02/28/2014 65050 BUILDING MAINTENANCE MATERIAL PUMP OUT TRIPLE BASINS FIRE #5 PRCS/FLEETWOOD JOUR CNTR FACTORY CARD OUTLET #3 $ 62.87 02/03/2014 65110 REC PROGRAM SUPPLIES CARTONS FOR PROGRAM PRCS/FLEETWOOD JOUR CNTR FOOD4LESS #0558 $ 93.09 02/03/2014 65025 FOOD CHILDRENS SUPER BOWL PARTY PRCS/FLEETWOOD JOUR CNTR EVANSTON IMPRINTABLES $ 300.00 02/03/2014 65110 REC PROGRAM SUPPLIES SHIRTS FOR COE POPS PRCS/FLEETWOOD JOUR CNTR VOGUE FABRICS $ 21.78 02/03/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOL PROGRAM PRCS/FLEETWOOD JOUR CNTR DOLRTREE 673 00006734 $ 59.00 02/03/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR BINGO PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 143.90 02/03/2014 65025 FOOD SUPPLIES FOR BLACK HISTORY MONTH PRCS/FLEETWOOD JOUR CNTR SQ EVANSTON CHICKEN S $ 261.48 02/03/2014 65025 FOOD SUPPLIES FOR MAN 2 MAN PRCS/FLEETWOOD JOUR CNTR WALGREENS #4218 $ 50.00 02/03/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR MAN 2 MAN PRCS/FLEETWOOD JOUR CNTR BEST BUY 00003137 $ 299.99 02/03/2014 41216 RESERVE F/J SPRINT CAPITAL SUPPLIES FOR MIDDLE SCHOOL AREA PRCS/FLEETWOOD JOUR CNTR CHICAGO SOUND SERVICES $ 675.00 02/04/2014 62375 RENTALS SPLIT - EQUIPT FOR MLK,BHM AND WOMENS DAY (50%) PRCS/FLEETWOOD JOUR CNTR CHICAGO SOUND SERVICES $ 675.00 02/04/2014 62375 RENTALS SPLIT - SOUND EQUIPT FOR MLK, BHM AND WOMENS DAY (50%) PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 55.60 02/05/2014 65025 FOOD MILK FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 139.19 02/05/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR SPORTS AUTHORI00006015 $ 64.97 02/05/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR FITNESS CENTER PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 982.05 02/06/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PROGRAM PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 932.03 02/06/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PROGRAM PRCS/FLEETWOOD JOUR CNTR BEST BUY 00003137 $ 57.98 02/06/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR MASON PARK PRCS/FLEETWOOD JOUR CNTR FOOD4LESS #0558 $ 78.28 02/06/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR MASON PARK PRCS/FLEETWOOD JOUR CNTR EVANSTON SIGNS AND GRA $ 250.00 02/07/2014 62205 ADVERTISING SPLIT - SUPPLIES FOR BHM (50%) PRCS/FLEETWOOD JOUR CNTR EVANSTON SIGNS AND GRA $ 250.00 02/07/2014 62205 ADVERTISING SPLIT - SUPPLIES FOR BHM (50%) PRCS/FLEETWOOD JOUR CNTR PANINO'S PIZZERIA OR $ 31.25 02/07/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR MASON PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 55.60 02/12/2014 65025 FOOD MILK FOR AFTER SCHOOL PROGRAM 56 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 15 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 162.90 02/12/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 110.96 02/12/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PROGRAM PRCS/FLEETWOOD JOUR CNTR DOLRTREE 673 00006734 $ 13.00 02/12/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR VALENTINES PROGRAM PRCS/FLEETWOOD JOUR CNTR WALGREENS #4218 $ 7.50 02/13/2014 65110 REC PROGRAM SUPPLIES CARTONS FOR THE HOLIDAY PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 102.86 02/13/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR US TOY CO INC 2 $ 92.10 02/14/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR US TOY CO INC 2 $ 11.68 02/14/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR VOGUE FABRICS $ 45.02 02/14/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOL PROGRAM PRCS/FLEETWOOD JOUR CNTR FOOD4LESS #0558 $ 62.92 02/17/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 11.94 02/17/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR TOM THUMB HOBBY & CRAF $ 129.64 02/17/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR SPORTS AUTHORI00006015 $ 131.81 02/17/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR BASKETBALL PROGRAM PRCS/FLEETWOOD JOUR CNTR SUBWAY 00467514 $ 60.00 02/17/2014 65025 FOOD SUPPLIES FOR MASON PARK PRCS/FLEETWOOD JOUR CNTR FOOD4LESS #0558 $ 70.87 02/17/2014 65025 FOOD SUPPLIES FOR MASON PARK PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 71.94 02/17/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR VALENTINES EVENT PRCS/FLEETWOOD JOUR CNTR FACTORY CARD OUTLET #3 $ 34.32 02/17/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR VALENTINES PROGRAM PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 24.47 02/18/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR VALENTIES EVENT PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 29.96 02/19/2014 65025 FOOD MILK FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR MCDONALD'S M6867 OF $ 40.13 02/19/2014 62507 FIELD TRIPS OUTING FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 155.86 02/19/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PROGRAM PRCS/FLEETWOOD JOUR CNTR S&S WORLDWIDE $ 230.79 02/19/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR MASON PARK PRCS/FLEETWOOD JOUR CNTR DOLRTREE 673 00006734 $ 53.50 02/24/2014 65110 REC PROGRAM SUPPLIES PROGRAM SUPPLIES PRCS/FLEETWOOD JOUR CNTR EVANSTON IMPRINTABLES $ 300.00 02/24/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR COE POPS 57 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 16 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 157.97 02/24/2014 65040 JANITORIAL SUPPLIES SUPPLIES FOR GYM FLOOR PRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 144.54 02/24/2014 65040 JANITORIAL SUPPLIES SUPPLIES FOR GYM FLOOR PRCS/FLEETWOOD JOUR CNTR BARNES & NOBLE #2236 $ 17.99 02/25/2014 65110 REC PROGRAM SUPPLIES BOOK FOR AFTER SCHOOL PROGRAM PRCS/FLEETWOOD JOUR CNTR WAL-MART #3725 $ 16.62 02/25/2014 65110 REC PROGRAM SUPPLIES PROGRAM SUPPLIES PRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 55.88 02/26/2014 65040 JANITORIAL SUPPLIES BUILDING SUPPLIES PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 55.60 02/26/2014 65025 FOOD MILK FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR GORDON FOOD SERVICE IN $ 128.89 02/26/2014 65025 FOOD SUPPLIES FOR AFTER SCHOOL PRCS/FLEETWOOD JOUR CNTR THE HOME DEPOT 1902 $ 126.00 02/26/2014 65040 JANITORIAL SUPPLIES SUPPLIES FOR BUILDING PRCS/FLEETWOOD JOUR CNTR ALLEGRA PRINT & IMAGIN $ 197.00 02/27/2014 62210 PRINTING PRINTING OF IMAGE PRCS/LEVY SEN CNTR TARGET 00009274 $ 95.47 02/03/2014 65110 REC PROGRAM SUPPLIES SOUND FOR FITNESS CLASSES PRCS/LEVY SEN CNTR DOOR CLOSER SERVICE CO $ 35.85 02/05/2014 65095 OFFICE SUPPLIES ALLEN WRENCH KEYS FOR DOORS PRCS/LEVY SEN CNTR AIC MUSEUM SUPPORT $ 185.00 02/05/2014 65110 REC PROGRAM SUPPLIES ART INSTUTE GROUP MEMBERSHIP BOUGHT FOR LEVY MEMBERS TO USE. THIS WAS REIMBURSED FROM THE LEVY SENIOR CENTER FOUNDATION. PRCS/LEVY SEN CNTR AIC MUSEUM SUPPORT $ 185.00 02/05/2014 65110 REC PROGRAM SUPPLIES ART INSTUTE GROUP MEMBERSHIP BOUGHT FOR LEVY MEMBERS TO USE. THIS WAS REIMBURSED FROM THE LEVY SENIOR CENTER FOUNDATION. PRCS/LEVY SEN CNTR SKOKIE ACE HARDWARE,LL $ 14.16 02/05/2014 65095 OFFICE SUPPLIES HEX KEY PRCS/LEVY SEN CNTR SENIOR SERVICES CEN $ 125.00 02/06/2014 62295 TRAINING & TRAVEL CONFERENCE REGISTRATION PRCS/LEVY SEN CNTR AMAZON MKTPLACE PMTS $ 109.07 02/06/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR JEWELRY & POTTERY CLASSES PRCS/LEVY SEN CNTR AMAZON.COM $ 96.99 02/06/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR JEWELRY & POTTERY CLASSES PRCS/LEVY SEN CNTR AMAZON MKTPLACE PMTS $ 31.72 02/06/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR JEWELRY & POTTERY CLASSES PRCS/LEVY SEN CNTR HARRAH'S HOTELS & CASI $ 84.75 02/07/2014 62295 TRAINING & TRAVEL OVERNIGHT STAY FOR CONFERENCE. PRCS/LEVY SEN CNTR THE WEBSTAURANT STORE $ 232.39 02/07/2014 62245 OTHER EQ MAINT VACUUM PRCS/LEVY SEN CNTR THE HOME DEPOT 1902 $ 18.88 02/10/2014 65050 BUILDING MAINTENANCE MATERIAL BUILDING SUPPLIES PRCS/LEVY SEN CNTR THE HOME DEPOT 1902 $ 39.94 02/10/2014 65040 JANITORIAL SUPPLIES JANITORIAL SUPPLIES PRCS/LEVY SEN CNTR NCOA $ 145.00 02/10/2014 62360 MEMBERSHIP DUES MEMBERSHIP FEE PRCS/LEVY SEN CNTR AMAZON MKTPLACE PMTS $ 3.12 02/10/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR JEWELRY & POTTERY CLASSES PRCS/LEVY SEN CNTR AMAZON MKTPLACE PMTS $ 45.66 02/10/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR JEWELRY & POTTERY CLASSES 58 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 17 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/LEVY SEN CNTR AMAZON MKTPLACE PMTS $ 47.81 02/10/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR JEWELRY & POTTERY CLASSES PRCS/LEVY SEN CNTR THE SALVATION ARMY NO $ 63.61 02/10/2014 65110 REC PROGRAM SUPPLIES THEATRE COSTUME SUPPLIES PRCS/LEVY SEN CNTR CLASSICAL GLASS $ 498.42 02/12/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR JEWERLY / GLASS FUSION CLASS PRCS/LEVY SEN CNTR MF ATHLETIC & PERFORM $ 180.99 02/14/2014 65110 REC PROGRAM SUPPLIES FITNESS CLASS EQUIPMENT PRCS/LEVY SEN CNTR POWER SYSTEMS $ 445.21 02/14/2014 65110 REC PROGRAM SUPPLIES FITNESS PROGRAM EQUIPMENT PRCS/LEVY SEN CNTR MF ATHLETIC & PERFORM $ 62.69 02/17/2014 65110 REC PROGRAM SUPPLIES FITNESS PROGRAM EQUIPMENT PRCS/LEVY SEN CNTR THE HOME DEPOT 1902 $ 78.62 02/17/2014 65050 BUILDING MAINTENANCE MATERIAL MAINTENANCE SUPPLIES PRCS/LEVY SEN CNTR DME ACCESS LLC $ 300.00 02/18/2014 62509 SERVICE AGREEMENTS/CONTRACTS ANNUAL LIFT INSPECTION PRCS/LEVY SEN CNTR SPRI PRODUCTS, INC $ 128.44 02/18/2014 65110 REC PROGRAM SUPPLIES FITNESS PROGRAM EQUIPMENT PRCS/LEVY SEN CNTR MF ATHLETIC & PERFORM $ (14.33)02/19/2014 65110 REC PROGRAM SUPPLIES FITNESS PROGRAM EQUIPMENT PRCS/LEVY SEN CNTR THE HOME DEPOT 1902 $ 24.93 02/20/2014 62245 OTHER EQ MAINT FITNESS CART SUPPLIES PRCS/LEVY SEN CNTR AMAZON MKTPLACE PMTS $ 241.27 02/20/2014 65050 BUILDING MAINTENANCE MATERIAL LIGHT BULBS FOR SECURITY LIGHTS IN GYM PRCS/LEVY SEN CNTR TOM THUMB HOBBY & CRAF $ 9.35 02/24/2014 65110 REC PROGRAM SUPPLIES CHILDREN'S THEATRE SUPPLIES PRCS/LEVY SEN CNTR SWEETWATER SOUND INC $ 49.98 02/26/2014 65110 REC PROGRAM SUPPLIES CABLES FOR SOUND SYSTEM PRCS/LEVY SEN CNTR ILIPRA 00 OF 00 $ 249.00 02/26/2014 62295 TRAINING & TRAVEL IPRA WEBINAR SERIES - PRCS PRCS/LEVY SEN CNTR BARNDOOR LIGHTING $ 39.59 02/27/2014 65110 REC PROGRAM SUPPLIES TIE LINE FOR CHILDREN'S THEATRE PRCS/LEVY SEN CNTR DAVIS TRANSPORTATION L $ 256.00 02/28/2014 62507 FIELD TRIPS BUS FOR SENIOR TRIP PRCS/LEVY SEN CNTR RADIOSHACK COR00164145 $ 14.99 02/28/2014 65110 REC PROGRAM SUPPLIES CABLE FOR TREADMILL PRCS/LEVY SEN CNTR INT AV NOW, INC $ 100.96 02/28/2014 65110 REC PROGRAM SUPPLIES CABLES FOR FITNESS SOUND SYSTEM PRCS/LEVY SEN CNTR ILIPRA 00 OF 00 $ 10.00 02/28/2014 62295 TRAINING & TRAVEL CEU'S FOR KAREN PRCS/LEVY SEN CNTR VOGUE FABRICS $ 4.86 02/28/2014 65110 REC PROGRAM SUPPLIES CHILDREN'S THEATRE SUPPLIES PRCS/LEVY SEN CNTR TICKETPRINTINGCOM $ 162.99 02/28/2014 62210 PRINTING CHILDREN'S THEATRE TICKETS PRCS/NOYES CNTR AMAZON MKTPLACE PMTS $ 17.51 02/03/2014 65110 REC PROGRAM SUPPLIES ARTS CAMP SUPPLIES PRCS/NOYES CNTR AMAZON.COM $ 39.99 02/07/2014 65095 OFFICE SUPPLIES NEW OFFICE SUPPLIES PRCS/NOYES CNTR OFFICE DEPOT #510 $ 43.96 02/10/2014 65110 REC PROGRAM SUPPLIES ETHNIC ARTS FEST SUPPLIES PRCS/NOYES CNTR AMAZON.COM $ 42.08 02/10/2014 65095 OFFICE SUPPLIES NEW OFFICE SUPPLIES PRCS/NOYES CNTR D & D FINER FOODS $ 26.08 02/12/2014 65110 REC PROGRAM SUPPLIES EARLY CHILDHOOD AND ARTS CAMP BIRTHDAY PARTY SUPPLIES PRCS/NOYES CNTR OCS SOLUTIONS $ 6.95 02/17/2014 62490 OTHER PROGRAM COSTS EVANSTONARTSBUZZ.COM MONTHLY WEB HOSTING FEE PRCS/NOYES CNTR D & D FINER FOODS $ 6.97 02/19/2014 65110 REC PROGRAM SUPPLIES EARLY CHILDHOOD SUPPLIES PRCS/NOYES CNTR AMERICANS FOR THE ARTS $ 150.00 02/19/2014 62360 MEMBERSHIP DUES MEMBERSHIP AMREICANS FOR THE ARTS 59 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 18 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/NOYES CNTR AMAZON MKTPLACE PMTS $ 19.99 02/19/2014 65040 JANITORIAL SUPPLIES VACUUM BAGS FOR NOYES CENTER PRCS/NOYES CNTR THE HOME DEPOT 1902 $ 229.64 02/21/2014 65050 BUILDING MAINTENANCE MATERIAL NOYES GALLERY BULBS PRCS/PARKS FORESTRY JOHNSON LOCKSMITH INC $ 160.00 02/03/2014 65050 BUILDING MAINTENANCE MATERIAL LOCKS PRCS/PARKS FORESTRY THE HOME DEPOT 1902 $ 7.00 02/03/2014 65085 MINOR EQUIP & TOOLS PLIERS PRCS/PARKS FORESTRY LEMOI ACE HARDWARE $ 23.96 02/04/2014 65050 BUILDING MAINTENANCE MATERIAL LOCKS LAKEFRONT PRCS/PARKS FORESTRY REINDERS T&I - KEYED $ 95.67 02/04/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL SMALL ENGINE PARTS PRCS/PARKS FORESTRY LEMOI ACE HARDWARE $ 91.90 02/05/2014 65085 MINOR EQUIP & TOOLS PADLOCKS, NUTS, BOLTS PRCS/PARKS FORESTRY EREPLACEMENTPARTS.COM $ 80.28 02/12/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL MOWERS PARTS PRCS/PARKS FORESTRY THE HOME DEPOT 1902 $ 133.96 02/12/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL WELDING SUPPLIES PRCS/PARKS FORESTRY CARQUEST 01027598 $ 9.75 02/13/2014 65085 MINOR EQUIP & TOOLS BATTERY CABLE PRCS/PARKS FORESTRY U OF IL ONLINE PAYMENT $ 272.50 02/19/2014 62295 TRAINING & TRAVEL PESTICIDE CLINIC PRCS/PARKS FORESTRY JOHN DEERE LANDSCAPES0 $ 125.00 02/21/2014 62295 TRAINING & TRAVEL TRAINING AT JOHN DEERE PRCS/PARKS FORESTRY CITY WELDING SALES AND $ 36.80 02/21/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL WELDING SUPPLIES PRCS/PARKS FORESTRY ENVIROSAFETY PRODUCTS $ 87.37 02/24/2014 65090 SAFETY EQUIPMENT EARPLUGS PRCS/PARKS FORESTRY CONSERV FS INC $ 130.00 02/24/2014 62295 TRAINING & TRAVEL TRAINING FS CONSERVE PRCS/PARKS FORESTRY AHLBORN EQUIPMENT, INC $ 32.05 02/25/2014 65085 MINOR EQUIP & TOOLS SPLIT - PUMP, PIN SET (15.65%) PRCS/PARKS FORESTRY AHLBORN EQUIPMENT, INC $ 172.75 02/25/2014 65090 SAFETY EQUIPMENT SPLIT - SAFETY GLASS (84.35%) PRCS/PARKS FORESTRY EREPLACEMENTPARTS.COM $ 90.01 02/26/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL MOWER PARTS PRCS/PARKS FORESTRY RUSSO HARDWARE - SCHIL $ 98.04 02/27/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL CHAIN SAW PARTS PRCS/PARKS FORESTRY CARQUEST 01027598 $ 9.51 02/27/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL PARTS PRCS/RBT CROWN CNTR LEMOI ACE HARDWARE $ 21.06 02/03/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL CARPET FRESH RUG POWDER, AND COAT HOOKS. PRCS/RBT CROWN CNTR WALGREENS #4218 $ 19.60 02/05/2014 65110 REC PROGRAM SUPPLIES CLASSROOM SUPPLIES PRCS/RBT CROWN CNTR WALGREENS #4218 $ 13.87 02/05/2014 65025 FOOD MILK FOR PRESCHOOL PROGRAM. 60 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 19 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/RBT CROWN CNTR SCHWARTZHOFF CLEANERS $ 600.00 02/06/2014 65110 REC PROGRAM SUPPLIES CLEANING AND STORAGE OF ICE SHOW BACK DROPS. PRCS/RBT CROWN CNTR LITTLE CAESARS 1257 00 $ 35.95 02/06/2014 65025 FOOD LUNCH FOR AFTER SCHOOL PROGRAM. PRCS/RBT CROWN CNTR GOURMET GORILLA, INC. $ 938.15 02/06/2014 65025 FOOD SNACKS FOR MONTHLY PRESCHOOL PROGRAMS. PRCS/RBT CROWN CNTR LEMOI ACE HARDWARE $ 58.54 02/06/2014 65050 BUILDING MAINTENANCE MATERIAL SNOW SHOVELS PRCS/RBT CROWN CNTR WALGREENS #15066 $ 25.45 02/06/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR CLASSROOM PROJECT. PRCS/RBT CROWN CNTR CERAMIC SUPPLY CHICAGO $ 296.64 02/07/2014 65110 REC PROGRAM SUPPLIES CERAMICS SUPPLLIES FOR CLASSES PRCS/RBT CROWN CNTR BECKER ARENA PRODUCTS $ 541.51 02/07/2014 65110 REC PROGRAM SUPPLIES HOCKEY GOALS, NETS AND PADS. PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 18.23 02/10/2014 65025 FOOD MILK FOR AFTER SCHOOL PROGRAM. PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 52.91 02/10/2014 65025 FOOD SNACKS FOR PROGRAMS. PRCS/RBT CROWN CNTR DOLRTREE 673 00006734 $ 18.00 02/12/2014 65110 REC PROGRAM SUPPLIES AFTER SCHOOL PROGRAM PROJECT SUPPLIES. PRCS/RBT CROWN CNTR DOLRTREE 673 00006734 $ 106.00 02/12/2014 65110 REC PROGRAM SUPPLIES ARTS AND CRAFT SUPPLIES. PRCS/RBT CROWN CNTR ENCHANTED CASTLE $ 86.25 02/12/2014 62507 FIELD TRIPS DEPOSIT FOR FIELD TRIP. PRCS/RBT CROWN CNTR GORDON FOOD SERVICE IN $ 263.00 02/12/2014 65025 FOOD FOOD FOR PRESCHOOL PROGRAMS PRCS/RBT CROWN CNTR GORDON FOOD SERVICE IN $ 263.05 02/12/2014 65025 FOOD FOOD FOR PRESCHOOL PROGRAMS PRCS/RBT CROWN CNTR US TOY CO INC 2 $ 110.83 02/12/2014 65110 REC PROGRAM SUPPLIES TOYS/PARTY SUPPLIES. PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 12.45 02/13/2014 65025 FOOD MILK FOR AFTER SCHOOL PROGRAM. PRCS/RBT CROWN CNTR CINTAS 769 $ 91.00 02/13/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL RENTAL COST FOR CARPETED FLOOR MATS FOR LOBBY AREA. PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 117.95 02/13/2014 65110 REC PROGRAM SUPPLIES SNACKS FOR VARIOUS SCHOOL AGE PROGRAMS. PRCS/RBT CROWN CNTR JEWEL #3428 $ 29.98 02/14/2014 65025 FOOD SNACKS FOR VARIOUS SCHOOL AGE PROGRAMS. PRCS/RBT CROWN CNTR QT 882 08008823 $ 150.00 02/17/2014 65110 REC PROGRAM SUPPLIES FRAUDULENT CHARGE PRCS/RBT CROWN CNTR CORNER STORE 0904 $ 199.50 02/17/2014 65110 REC PROGRAM SUPPLIES FRAUDULENT CHARGE PRCS/RBT CROWN CNTR DRIVERS TRAVEL MART $ 200.00 02/17/2014 65110 REC PROGRAM SUPPLIES FRAUDULENT CHARGE PRCS/RBT CROWN CNTR MCDONALD'S M6867 OF $ 50.00 02/17/2014 65110 REC PROGRAM SUPPLIES PRIZES FOR VALENTINE'S SKATE 61 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 20 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/RBT CROWN CNTR PAPER SOURCE $ 30.40 02/17/2014 65110 REC PROGRAM SUPPLIES PUBLIC SKATING SUPPLIES PRCS/RBT CROWN CNTR FOX VALLEY FIRE AND SA $ (329.00)02/17/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL REFUND PRCS/RBT CROWN CNTR ENCHANTED CASTLE $ 77.25 02/17/2014 62507 FIELD TRIPS SCHOOL DAY OUT FIELD TRIP. PRCS/RBT CROWN CNTR ENCHANTED CASTLE $ 100.00 02/17/2014 62507 FIELD TRIPS SCHOOL DAY OUT FIELD TRIP. PRCS/RBT CROWN CNTR ENCHANTED CASTLE $ 150.00 02/17/2014 62507 FIELD TRIPS SCHOOL DAY OUT FIELD TRIP. PRCS/RBT CROWN CNTR ENCHANTED CASTLE $ 150.00 02/17/2014 62507 FIELD TRIPS SCHOOL DAY OUT FIELD TRIP. PRCS/RBT CROWN CNTR TARGET 00009274 $ 47.42 02/17/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR VALENTINE'S DAY SKATE PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 14.94 02/19/2014 65025 FOOD MILK FOR AFTER SCHOOL PROGRAM. PRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 58.91 02/19/2014 65025 FOOD SNACKS FOR AFTER SCHOOL PROGAM. PRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 101.22 02/19/2014 65025 FOOD SNACKS FOR AFTER SCHOOL PROGRAM. PRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 82.29 02/19/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOL PROGRAM. PRCS/RBT CROWN CNTR GFS MKTPLC #1915 $ 28.43 02/19/2014 65110 REC PROGRAM SUPPLIES SUPPLIES FOR AFTER SCHOOL PROGRAM. PRCS/RBT CROWN CNTR PETSMART INC 427 $ 50.60 02/21/2014 65110 REC PROGRAM SUPPLIES PET FOOD AND SUPPLIES FOR CLASSROOM PETS. PRCS/RBT CROWN CNTR WALGREENS #4218 $ 17.65 02/24/2014 65095 OFFICE SUPPLIES ASSORTED OFFICE SUPPLIES PRCS/RBT CROWN CNTR CLAIM ADJ/DRIVERS TRAVELMART $ (200.00)02/24/2014 65110 REC PROGRAM SUPPLIES REVERSAL OF FRADULENT TRANSACTION PRCS/RBT CROWN CNTR CLAIM ADJ/QT 882 08008823 $ (150.00)02/24/2014 65110 REC PROGRAM SUPPLIES REVERSAL OF FRAUDULENT CHARGE PRCS/RBT CROWN CNTR CLAIM ADJ/CORNER STORE 0904 $ (199.50)02/24/2014 65110 REC PROGRAM SUPPLIES REVERSAL OF FRAUDULENT CHARGE PRCS/RBT CROWN CNTR UNIQUE PROD & SERV COR $ 164.74 02/25/2014 65050 BUILDING MAINTENANCE MATERIAL FRONT AND REAR BLADE FOR FLOOR MACHINE, AND RECOVER HOSE. PRCS/RBT CROWN CNTR OFFICE DEPOT #510 $ 20.97 02/25/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL SMALL TRASH CANS. PRCS/RBT CROWN CNTR LEMOI ACE HARDWARE $ 69.99 02/25/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL UTILITY PUMP PRCS/RBT CROWN CNTR TERRY ANIMAL HOSP $ 113.75 02/25/2014 65110 REC PROGRAM SUPPLIES YEARLY CHECK UP FOR CLASS ROOM PETS. PRCS/RBT CROWN CNTR GOURMET GORILLA, INC. $ 1,179.39 02/26/2014 65025 FOOD HOT SNACKS FOR MONTHLY PRESCHOOL PROGRAMS. PRCS/RBT CROWN CNTR FOOD4LESS #0558 $ 22.92 02/26/2014 65025 FOOD SNACKS FOR AFTER SCHOOL PROGRAM. PRCS/RBT CROWN CNTR US TOY CO INC 2 $ 34.81 02/27/2014 65110 REC PROGRAM SUPPLIES SKATING PRIZES FOR MARDI GRAS SKATE 62 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 21 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/RECREATION DD/BR #338026 Q35 $ 17.98 02/03/2014 62507 FIELD TRIPS SNACKS FOR SWIM MEET PRCS/RECREATION JEWEL #3428 $ 33.41 02/04/2014 62507 FIELD TRIPS VEGETABLES, FRUIT, JUICE, AND SAUCE FOR AFTER-SCHOOL COOKING PROGRAM PRCS/RECREATION CHICAGOSHAKESPEARETHEA $ 235.00 02/06/2014 62507 FIELD TRIPS FIELD TRIP FOR LEVY SENIOR TO SHAKESPEARE THEATER PRCS/RECREATION WWW.NEWEGG.COM $ 84.98 02/07/2014 65095 OFFICE SUPPLIES CASH DRAWER PRCS/RECREATION CHICAGO SKY $ 200.00 02/07/2014 62507 FIELD TRIPS FJCC SUMMER PLAYGROUND FIELD TRIP DEPOSIT PRCS/RECREATION JEWEL #3456 $ 58.58 02/07/2014 65025 FOOD REFRESHMENTS FOR FAREWELL GATHERING FOR AHMAD ZAYYAD PRCS/RECREATION BRUNSWICK ZONE DEERF $ 155.74 02/10/2014 62507 FIELD TRIPS FEE FOR BOWLING LANE RENTAL FOR BOWLING PROGRAM PRCS/RECREATION AMAZON.COM $ 40.04 02/10/2014 65125 OTHER COMMODITIES TABLECLOTHS FOR PARKS, RECREATION AND COMMUNITY SERVICES PRCS/RECREATION AMAZON.COM $ 131.63 02/11/2014 65110 REC PROGRAM SUPPLIES BINOCULARS AND TECHNICAL WATER RESCUER LEVEL I AND II MANUAL PRCS/RECREATION HOTELS.COM $ (134.35)02/11/2014 62507 FIELD TRIPS CANCELLED HOTEL RESERVATOIN PRCS/RECREATION HOTELS.COM $ 138.67 02/11/2014 62507 FIELD TRIPS HOTEL ROOM RENTAL FOR STATE BASKETBALL TOURNAMENT PRCS/RECREATION HOTELS.COM $ 138.67 02/11/2014 62507 FIELD TRIPS HOTEL ROOM RENTAL FOR STATE BASKETBALL TOURNAMENT PRCS/RECREATION HOTELS.COM $ 138.67 02/11/2014 62507 FIELD TRIPS HOTEL ROOM RENTAL FOR STATE BASKETBALL TOURNAMENT PRCS/RECREATION HOTELS.COM $ 138.67 02/11/2014 62507 FIELD TRIPS HOTEL ROOM RENTAL FOR STATE BASKETBALL TOURNAMENT PRCS/RECREATION HOTELS.COM $ 138.67 02/11/2014 62507 FIELD TRIPS HOTEL ROOM RENTAL FOR STATE BASKETBALL TOURNAMENT PRCS/RECREATION HOTELS.COM $ 138.67 02/11/2014 62507 FIELD TRIPS HOTEL ROOM RENTAL FOR STATE BASKETBALL TOURNAMENT PRCS/RECREATION HOTELS.COM $ 138.67 02/11/2014 62507 FIELD TRIPS HOTEL ROOM RENTAL FOR STATE BASKETBALL TOURNAMENT PRCS/RECREATION HOTELS.COM $ 138.67 02/11/2014 62507 FIELD TRIPS HOTEL ROOM RENTAL FOR STATE BASKETBALL TOURNAMENT 63 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 22 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/RECREATION HOTELS.COM $ 134.35 02/11/2014 62507 FIELD TRIPS HOTEL ROOM RENTAL FOR STATE BASKETBALL TOURNAMENT (RESERVATION WAS CANCELLED LATER DUE TO NEEDING MORE ROOMS FOR BOTH BASKETBALL TEAMS) PRCS/RECREATION JEWEL #3428 $ 32.61 02/11/2014 65110 REC PROGRAM SUPPLIES JUICE, SAUCE, CEREAL, PASTA, CHICKEN FOR AFTER-SCHOOL COOKING PROGRAM PRCS/RECREATION AMAZON MKTPLACE PMTS $ 9.85 02/11/2014 65110 REC PROGRAM SUPPLIES LIFEGUARD TRAINING MANUAL - ELLIS AND ASSOCIATES PRCS/RECREATION AMAZON.COM $ 179.55 02/12/2014 65110 REC PROGRAM SUPPLIES MEGAPHONES PRCS/RECREATION CHICAGO WOLVES TIX $ 266.50 02/13/2014 62507 FIELD TRIPS ADMISSION TICKETS FOR HOCKEY GAME TRIP PRCS/RECREATION PAYPAL ILFARMERSMA $ 50.00 02/13/2014 62295 TRAINING & TRAVEL MEMBERSHIP TO ILLINOIS FARMERS' MARKET ASSOCIATION PRCS/RECREATION EB GROW YOURSELF GROW $ 107.48 02/14/2014 62295 TRAINING & TRAVEL REGISTRATION FEES FOR MYRA GORMAN AND JIM FERRERA TO ATTEND ILLINOIS FARMERS' MARKET ASSOCIATION CONFERENCE FEB. 20,2014 IN AURORA, ILL. $53.74/PERSON PRCS/RECREATION AMAZON.COM $ 123.10 02/17/2014 65110 REC PROGRAM SUPPLIES BINOCULARS PRCS/RECREATION MICHAELS STORES 8625 $ 4.75 02/17/2014 65125 OTHER COMMODITIES COOKIE DECORATIONS FOR VALENTINES PARTY AT LEVY. PRCS/RECREATION BRUNSWICK ZONE DEERF $ 173.71 02/17/2014 62507 FIELD TRIPS FEE FOR BOWLING LANE RENTAL FOR BOWLING PROGRAM PRCS/RECREATION TARGET 00009274 $ 8.37 02/17/2014 65125 OTHER COMMODITIES PAINT BRUSHES FOR COOKIE DECORATIONS AT VALENTINES PARTY AT LEVY PRCS/RECREATION CENTURY THEATRES 43QPS $ 62.00 02/18/2014 62507 FIELD TRIPS ADDITIONAL PARTICIPANTS AFTER SCHOOL PROGRAM (LEGO MOVIE) FJCC FIELD TRIP OUTING 2/17 PRCS/RECREATION FANDANGO.COM $ 255.75 02/18/2014 62507 FIELD TRIPS FJCC OUTING FOR AFTER SCHOOL THEATER TRIP (LEGO MOVIE) PRCS/RECREATION SAMSCLUB #6444 $ 39.88 02/19/2014 65095 OFFICE SUPPLIES LIGHTWEIGHT TABLE FOR LINK AT FARMERS' MARKET PRCS/RECREATION THE HOME DEPOT 1902 $ 25.42 02/20/2014 65095 OFFICE SUPPLIES LOCK AND CABLE FOR LOCK UP AT FARMERS' MARKET PRCS/RECREATION HILTON GARDEN INN EVAN $ 1,365.00 02/24/2014 62490 OTHER PROGRAM COSTS A YOUNG WOMEN LUNCHEON EVENT/PROGRAM 2/22/14 PRCS/RECREATION BRUNSWICK ZONE DEERF $ 137.77 02/24/2014 62507 FIELD TRIPS FEE FOR BOWLING LANE RENTAL FOR BOWLING PROGRAM PRCS/RECREATION HOLLYWOOD CASINO AUROR $ 4.00 02/24/2014 62295 TRAINING & TRAVEL PARKING FOR ILL. FARMERS' MARKET CONFERENCE PRCS/RECREATION THE HOME DEPOT 1902 $ (11.47)02/24/2014 65125 OTHER COMMODITIES REFUND/RETURN OF BROKEN TAPE MEASURE FOR MARKET PRCS/RECREATION THE HOME DEPOT 1902 $ 39.39 02/24/2014 65125 OTHER COMMODITIES TOOLS FOR DEPARTMENT TOOL BOX PRCS/RECREATION JEWEL #3428 $ 48.99 02/25/2014 65110 REC PROGRAM SUPPLIES BROTH, SEASONING, JUICE, SHERBET, CHICKEN, VEGETABLES FOR AFTER- SCHOOL COOKING PROGRAM 64 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 23 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PRCS/RECREATION EVANSTON GLASS & MIRRO $ 350.00 02/25/2014 65050 BUILDING MAINTENANCE MATERIAL REPLACEMENT GLASS FOR THE OFFICE DOORS AT DEMPSTER AND CLARK ST WHICH WERE VANDALIZED PRCS/RECREATION OFFICE DEPOT #510 $ 59.88 02/26/2014 65095 OFFICE SUPPLIES OFFICE SUPPLIES PRCS/RECREATION VZWRLSS PREPAID PYMNT $ 5.00 02/26/2014 64540 TELECOMMUNICATIONS - WIR WIRELESS ACCESS CHARGE - ONE TIME. PRCS/YOUTH ENGAGEMENT LOU MALNATI'S PIZZERIA $ 709.10 02/03/2014 65025 FOOD FOOD PURCHASE FOR MAN 2 MAN SUPER BOWL BASH AT FLEETWOOD JOURDAIN COMMUNITY CENTER - PURCHASE TO BE SPLIT THREE WAYS BETWEEN OAKTON COMMUNITY COLLEGE AND CHILD CARE NETWORK OF EVANSTON PRCS/YOUTH ENGAGEMENT GIGIO S PIZZERIA $ 73.45 02/03/2014 65025 FOOD PIZZA PURCHASE FOR TEEN LEADERSHIP GROUP AT GREATER CHICAGO ACADEMY ALTERNATIVE SCHOOL PRCS/YOUTH ENGAGEMENT BURGER KING #9067 Q07 $ 7.03 02/03/2014 65025 FOOD PURCHASE OF ICE FOR MAN 2 MAN SUPER BOWL BASH AT FLEETWOOD JOURDAIN COMMUNITY CENTER. PRCS/YOUTH ENGAGEMENT SAMSCLUB #6444 $ 88.66 02/03/2014 65025 FOOD SOFT DRINK BEVERAGE PURCHASE FOR MAN 2 MAN EVENT AT FLEETWOOD JOURDAIN COMMUNITY CENTER PRCS/YOUTH ENGAGEMENT PANINO'S PIZZERIA OR $ 98.98 02/20/2014 65025 FOOD CONFERENCE MEETING WITH ETHS STUDENTS WORKING WITH CITY OUTREACH WORKERS. PRCS/YOUTH ENGAGEMENT POSTER BRAIN $ 19.00 02/21/2014 65110 REC PROGRAM SUPPLIES POSTER PIC OF MASON PARK FOOTBALL TEAM PRCS/YOUTH ENGAGEMENT WALGREENS #2619 $ 115.80 02/24/2014 62490 OTHER PROGRAM COSTS HONORARIUM FOR GUEST SPEAKER FOR YOUNG WOMEN'S INSPIRATIONAL LUNCHEON. FOUR $25 GIFT CARDS PURCHASED. PRCS/YOUTH ENGAGEMENT CITY OF EVANSTON $ 2.00 02/24/2014 62295 TRAINING & TRAVEL PARKING FOR MSYEP MEETING WITH GENERAL MANAGER AT HILTON GARDEN INN PRCS/YOUTH ENGAGEMENT THE HOME DEPOT 1912 $ 272.31 02/25/2014 65085 MINOR EQUIPMENT AND TOOLS MATERIALS FOR TRANSPORTATION CONSTRUCTION APPRENTICESHIP COURSES PRCS/YOUTH ENGAGEMENT TARGET 00009274 $ 21.79 02/27/2014 65110 REC PROGRAM SUPPLIES PICTURE FRAME FOR MASON PARK FOOTBALL TEAM PUBLIC WORKS/ADMIN LIFE FITNESS $ 13,322.00 02/04/2014 65515 OTHER IMPROVEMENTS LMCC EMPLOYEE LUNCH ROOM PROJECT - FITNESS EQUIPMENT PUBLIC WORKS/ADMIN US CONF OF MAYORS $ 510.00 02/06/2014 62360 MEMBERSHIP DUES MEMBERSHIP DUES PUBLIC WORKS/ADMIN GIGIO S PIZZERIA $ 112.80 02/10/2014 62295 TRAINING & TRAVEL MEETING PUBLIC WORKS/ADMIN NOYES CAFE INC $ 38.63 02/13/2014 62295 TRAINING & TRAVEL MEETING PUBLIC WORKS/ADMIN SUBWAY 03466141 $ 275.00 02/14/2014 62295 TRAINING & TRAVEL TRAINING MEETING PUBLIC WORKS/ADMIN LAPORT INC $ 878.42 02/20/2014 65040 JANITORIAL SUPPLIES JANITORIAL SUPPLIES PUBLIC WORKS/ADMIN THE HOME DEPOT 1902 $ 95.82 02/21/2014 65085 MINOR EQUIP & TOOLS MATERIALS PUBLIC WORKS/ADMIN OFFICE DEPOT #510 $ 58.77 02/21/2014 65095 OFFICE SUPPLIES OFFICE SUPPLIES PUBLIC WORKS/ADMIN JEWEL #3428 $ 60.46 02/24/2014 62295 TRAINING & TRAVEL TRAINING PUBLIC WORKS/ADMIN LA ROSA PIZZA $ 50.00 02/24/2014 62295 TRAINING & TRAVEL TRAINING PUBLIC WORKS/ADMIN LAPORT INC $ 909.56 02/27/2014 65040 JANITORIAL SUPPLIES JANITORIAL SUPPLIES PUBLIC WORKS/ADMIN PRINTABLE PROMOTION $ 591.00 02/27/2014 62210 PRINTING RECYCLING MAGNETS 65 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 24 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION PUBLIC WORKS/ADMIN SHELL OIL 574267928QPS $ 42.18 02/28/2014 62295 TRAINING & TRAVEL TRAVEL PUBLIC WORKS/FLEET WW GRAINGER $ 25.97 02/04/2014 65060 MATERIALS TO MAINTAIN AUTOS ABRASIVE SHEETS PUBLIC WORKS/FLEET MASTER TRUCK & TRAILER $ 431.98 02/06/2014 65060 MATERIALS TO MAINTAIN AUTOS SNO-WAY CUTTING EDGE PUBLIC WORKS/FLEET IMPERIAL SUPPLIES $ 381.67 02/07/2014 65060 MATERIALS TO MAINTAIN AUTOS PLOW BOLTS AND LOCK NUTS PUBLIC WORKS/FLEET AMAZON MKTPLACE PMTS $ 43.01 02/10/2014 65085 MINOR EQUIP & TOOLS 2 TIRES FOR 2 WHEELER HAND TRUCK PUBLIC WORKS/FLEET BOSCH AUTOSVCSOLUTI $ 35.87 02/10/2014 65085 MINOR EQUIPMENT AND TOOLS HANDLE FOR PLOW BLADE JACK PUBLIC WORKS/FLEET AMERICAN PUBLIC WORKS $ 500.00 02/11/2014 62295 TRAINING & TRAVEL TRAINING PUBLIC WORKS/FLEET JB TOOL SALES $ 94.19 02/17/2014 65085 MINOR EQUIP & TOOLS 2 LARGE BORE TIRE GAUGES FOR #619 AND #643 PUBLIC WORKS/FLEET UPS 1ZVT08380396530039 $ 25.65 02/17/2014 65060 MATERIALS TO MAINTAIN AUTOS SHIPPING CHARGE TO SEND CORE BACK TO CUMMINS PUBLIC WORKS/FLEET IMPERIAL SUPPLIES $ 126.23 02/19/2014 65060 MATERIALS TO MAINTAIN AUTOS ELECTRICAL SUPPLIES PUBLIC WORKS/FLEET SP WIPERPARTS.COM $ 149.20 02/19/2014 65060 MATERIALS TO MAINTAIN AUTOS WPER MOTOR #603/604 PUBLIC WORKS/FLEET WW GRAINGER $ 91.85 02/21/2014 65085 MINOR EQUIP & TOOLS BOLT CUTTERS PUBLIC WORKS/FLEET WW GRAINGER $ 59.04 02/21/2014 65060 MATERIALS TO MAINTAIN AUTOS ROOF MAGNETS PUBLIC WORKS/FLEET WW GRAINGER $ 149.04 02/21/2014 65085 MINOR EQUIP & TOOLS TIRE INFLATOR GAUGES #619-623 PUBLIC WORKS/FLEET WW GRAINGER $ 138.42 02/21/2014 65085 MINOR EQUIPMENT AND TOOLS TORCH HEAD PUBLIC WORKS/FLEET IMPERIAL SUPPLIES $ 142.36 02/24/2014 65085 MINOR EQUIP & TOOLS MULTIPLE DRILL BITS PUBLIC WORKS/FLEET UPS 1Z07F72F0298646055 $ 17.04 02/24/2014 65045 LICENSING/REGULATORY SUPPLIES SHIPPING CHARGE TO SEND TITLE FOR AUCTION #713 & #542 PUBLIC WORKS/FLEET THE HOME DEPOT 1902 $ 38.37 02/27/2014 65060 MATERIALS TO MAINTAIN AUTOS 10-3 WIRE PUBLIC WORKS/FLEET UPS 1Z07F72F0392827761 $ 12.57 02/28/2014 65060 MATERIALS TO MAINTAIN AUTOS SHIPPING CHARGE TO SEND PARTS BACK TO JOHN DEERE PUBLIC WORKS/ST&SANITATION DUNKIN #306178 Q35 $ 44.95 02/03/2014 62295 TRAINING & TRAVEL TRAINING MEETING PUBLIC WORKS/ST&SANITATION CITY WELDING SALES AND $ 425.50 02/04/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS PROPANE FOR HOT BOXES PUBLIC WORKS/ST&SANITATION PERFORMANCE YEARS ENTE $ 52.65 02/06/2014 62295 TRAINING & TRAVEL RETIREMENT MEETING PUBLIC WORKS/ST&SANITATION CROWN TROPHY 54 $ 60.00 02/21/2014 65095 OFFICE SUPPLIES RETIREMENT PLAQUE PUBLIC WORKS/ST&SANITATION THE HOME DEPOT 1902 $ 342.14 02/24/2014 65085 MINOR EQUIP & TOOLS AIR COMPRESSOR PUBLIC WORKS/ST&SANITATION CITY WELDING SALES AND $ 693.12 02/26/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS PROPANE FOR HOT BOXES PUBLIC WORKS/TRANS GRAYBAR ELECTRIC COMPA $ 210.44 02/05/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL TRIPLEX STREET LIGHT CABLE PUBLIC WORKS/TRANS TRAFFIC CONTROL AND PR $ 622.00 02/12/2014 65115 TRAFFIC CONTROL SUPPLIES BARRICADE LIGHTS PUBLIC WORKS/TRANS THE HOME DEPOT 1902 $ 187.28 02/28/2014 65085 MINOR EQUIP & TOOLS BATTERIES, STAPLES, SMALL HAND TOOLS UTILITIES/DIST GIGIO S PIZZERIA $ 65.25 02/04/2014 62295 TRAINING & TRAVEL PIZZA FOR CREWS WORKING OVERTIME IN THE FIELD. UTILITIES/DIST WW GRAINGER $ 77.28 02/05/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS PIPE INSULATION AT 830 DAVIS ST. 66 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 25 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION UTILITIES/DIST THE HOME DEPOT 1902 $ 45.16 02/06/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS PIPE FITTING INSULATION FOR 830 DAVIS ST. UTILITIES/DIST MSC $ 268.77 02/06/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL STEAM HOSE. UTILITIES/DIST ILLINOIS PLUMBING HEAT $ 30.00 02/07/2014 62295 TRAINING & TRAVEL PLUMBING LICENSE RENEWAL FEE FOR THE PLUMBING INSPECTOR. UTILITIES/DIST CITY WELDING SALES AND $ 120.41 02/11/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS PROPANE FOR STEAM THAWER. UTILITIES/DIST TEST GAUGE & BACKFLOW $ 95.00 02/17/2014 62245 OTHER EQ MAINT CALIBRATION AND RE-CERTIFICATION. UTILITIES/DIST SKOKIE VALLEY MATER $ 42.54 02/20/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS BALES OF HAY. UTILITIES/DIST MID AMERCIAN WATER $ 1,416.00 02/26/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS 10"X8" TEE AND 8" VALVE (NOT OVERSIZED). UTILITIES/DIST THE HOME DEPOT 1902 $ 185.74 02/27/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL GENERAL WATER DISTRIBUTION SUPPLIES. UTILITIES/FILTRATION CERTIFIED BALANCE & SC $ 381.00 02/04/2014 65075 MEDICAL & LAB SUPPLIES YEARLY CLEANING AND CALIBRATION OF THE BALANCES AND BOD METER. UTILITIES/FILTRATION NALCO CROSSBOW WATER $ 240.21 02/07/2014 65075 MEDICAL & LAB SUPPLIES DL TANKS AND FILTERS. UTILITIES/FILTRATION RAYNOR DOOR CO $ 744.40 02/10/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL DEPOSIT FOR A ROLL-UP GARAGE DOOR. UTILITIES/FILTRATION ILLINOIS SECTION AWWA $ 400.00 02/10/2014 62295 TRAINING & TRAVEL ISAWWA WATERCON2014 REGISTRATION FOR THE WATER WORKER I AND THE WATER PLANT OPERATOR. UTILITIES/FILTRATION USA BLUE BOOK $ 242.25 02/12/2014 65075 MEDICAL & LAB SUPPLIES PHOSPHOVER FOR PHOSPHATE ANALYSIS. UTILITIES/FILTRATION UNDERWRITERS LABORATOR $ 668.00 02/13/2014 62465 OUTSIDE LAB SERVICES 3 INVOICES PAID TOGETHER FOR: FLUORIDE & TOC ANALYSIS, NON- COMPLIANCE ANALYSIS, AND THM & HAA ANALYSIS. UTILITIES/FILTRATION MUNTERS CORPORATION $ 200.01 02/17/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL REPAIR PARTS FOR THE WEST DEHUMIDIFIER. UTILITIES/FILTRATION SIDENER ENVIROMENTAL $ 165.81 02/25/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL LMI CHEMICAL FEED PUMP REBUILD KITS. UTILITIES/FILTRATION LAPORT INC $ 147.73 02/26/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL CLEANING SUPPLIES. UTILITIES/FILTRATION LITTMANN INDUSTRIES, I $ 924.00 02/26/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL HOSES AND FITTINGS FOR BASIN CLEANING. UTILITIES/FILTRATION LITTMANN INDUSTRIES, I $ 600.00 02/26/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL HOSES AND FITTINGS FOR BASIN CLEANING. UTILITIES/FILTRATION WW GRAINGER $ 91.85 02/27/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL FILTER FOR ON-SITE AIR IN THE CHLORINE BUILDING. UTILITIES/FILTRATION COMPRESSOR PARTS $ 138.03 02/28/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL AIR COMPRESSOR FILTERS. UTILITIES/PUMPING AMAZON.COM $ 1,415.99 02/03/2014 62295 TRAINING & TRAVEL PROJECTOR FOR THE LARGE CONFERENCE ROOM. UTILITIES/PUMPING CALIFORNIA CONTRACTORS $ 135.60 02/07/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL HAND AND SURFACE CLEANING WIPES. UTILITIES/PUMPING AUTOMATIONDIRECT.COM $ 230.00 02/07/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS PRESSURE SENSORS FOR C FACTOR TESTER. UTILITIES/PUMPING WW GRAINGER $ 309.83 02/10/2014 65702 WATER GENERAL PLANT LIGHTING TIMER FOR THE SOUTH STANDPIPE. UTILITIES/PUMPING ACROMAG INC $ 724.76 02/10/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS SIGNAL DIFFERENCE MODULE FOR C FACTOR TESTER. UTILITIES/PUMPING WW GRAINGER $ 167.94 02/10/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL SPACE HEATERS FOR THE SERVICE BUILDING. UTILITIES/PUMPING APPLIED IND TECH 0360 $ 278.00 02/11/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL CRANKCASE VENT HOSE. 67 of 537 Bank of America Credit Card Statement for Period ending February 28, 2014 April 8, 2014 Page 26 of 26 REPORTS TO INTERMEDIATE MERCHANT NAME TRANSACTION AMOUNT POSTING DATE COST ALLOCATION - EXPENSE OBJECT EXPENSE DESCRIPTION UTILITIES/PUMPING USA BLUE BOOK $ 155.26 02/12/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS 2 1/2" HYDRANT ADAPTERS. UTILITIES/PUMPING GATE HOUSE SUPPLIES $ 386.36 02/13/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL CLICKERS FOR THE PARKING LOT SECURITY GATE. UTILITIES/PUMPING OFFICE DEPOT #510 $ 333.89 02/13/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL HARD DRIVE FOR SCADA BACK-UP FILES. UTILITIES/PUMPING ILLINOIS SECTION AWWA $ 225.00 02/13/2014 62295 TRAINING & TRAVEL REGISTRATION FOR THE ISAWWA WATERCON2014 CONFERENCE. UTILITIES/PUMPING BATTERY MART.COM $ 157.09 02/13/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL SEALED LEAD ACID BATTERIES AND CHARGER. UTILITIES/PUMPING ALLTECSTORES.COM $ 195.98 02/14/2014 62295 TRAINING & TRAVEL CLASSROOM PROJECTOR SCREEN. UTILITIES/PUMPING AUTOMATIONDIRECT.COM $ 218.00 02/14/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL ENCLOSURES. UTILITIES/PUMPING WW GRAINGER $ 73.33 02/14/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL PIPE FITTINGS. UTILITIES/PUMPING OFFICE DEPOT #510 $ 187.79 02/17/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL BINDERS FOR THE NEW SCADA REFERENCE BOOKS. UTILITIES/PUMPING AUTOMATIONDIRECT.COM $ 46.00 02/17/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL PANEL FITTING. UTILITIES/PUMPING WW GRAINGER $ 33.84 02/17/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL PIPE BUSHINGS. UTILITIES/PUMPING TEST GAUGE & BACKFLOW $ 95.00 02/17/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL RPZ TESTER RE-CALIBRATION. UTILITIES/PUMPING PAYPAL STEEL ENTRP $ 64.28 02/24/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL THERMOMETER WELL. UTILITIES/PUMPING LESMAN INSTRUMENTS $ 150.07 02/24/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL THERMOSTAT. UTILITIES/PUMPING TNEMEC $ 128.60 02/25/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL POTA POX FOR #6 LOW LIFT PUMP HOUSING. UTILITIES/PUMPING DKC DIGI KEY CORP $ 197.87 02/28/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL DRY CELL BATTERIES. UTILITIES/PUMPING RED LION CONTROLS INC $ 291.15 02/28/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL PANEL METERS. UTILITIES/PUMPING WW GRAINGER $ 233.71 02/28/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL PRESSURE GAUGE AND MOP BUCKET. UTILITIES/PUMPING THE HOME DEPOT 1902 $ 113.77 02/28/2014 65070 OFFICE/OTHER EQ TO MAINTN MATERIAL SUPPLIES FOR THE WATER TRAILER SPARE TANK. UTILITIES/SEWER AMAZON MKTPLACE PMTS $ 459.59 02/03/2014 62245 AUTOMOTIVE EQ MAINT HEATER. UTILITIES/SEWER WATER PRODUCTS $ 762.56 02/14/2014 65055 MATERIALS TO MAINTAIN IMPROVEMENTS RUBBER COUPLINGS. UTILITIES/SEWER WESTSIDE TRACTOR SALES $ 206.64 02/17/2014 62245 AUTOMOTIVE EQ MAINT BACK HOE BUCKET TEETH. UTILITIES/SEWER WAYFARA BP WOLCOTT QPS $ 56.04 02/28/2014 62295 TRAINING & TRAVEL GAS PURCHASED FOR TRAVELING TO A TRAINING SEMINAR. FEBRUARY STATEMENT TOTAL $ 120,686.35 68 of 537 For City Council meeting of April 8, 2014 Item A3.1 Business of the City by Motion: Reservoir & Clearwell Planning Study (RFP 14-10) 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 of Construction & Field Services Subject: Agreement for Reservoir and Clearwell Planning Study (RFP 14-10) Date: March 11, 2014 Recommended Action: Staff recommends City Council authorize the City Manager to execute an agreement for the Reservoir and Clearwell Planning Study (RFP 14-10) with CDM Smith (125 South Wacker Drive, Suite 600, Chicago, IL) in the not-to-exceed amount of $86,359.00. This item was held in Committee on March 24, 2014. Funding Source: Funding will be from the Water Fund (Account No. 733126.62140). This project is budgeted at $100,000 for FY 2014. Background: The City of Evanston owns and operates a 5 Million Gallon (MG) finished water storage facility on property owned by Northwestern University. This facility was constructed in 1934. The City also has eight clearwells located under the filters inside the water treatment plant which hold a total of 4.4 MG of finished water. The clearwells were constructed in phases, from 1913 to 1964. Working together, the reservoir and the clearwells provide the following functions at the water treatment plant: 1. Finished Water Storage – A total of 9.4 MG of nominal finished water storage is provided by the reservoir and clearwells. This is available for immediate use if the water plant has to shut down temporarily. 2. Water Treatment – The Enhanced Surface Water Treatment Rule requires filtered water to have a certain amount of chlorine contact time prior to leaving the treatment plant in order to guarantee effective disinfection. This time is provided by the clearwells and the reservoir. Memorandum 69 of 537 3. Efficient Pump Operation – The High Lift Pumps are constant speed pumps ranging in size from 10 mgd to 25 mgd. In order to meet a constantly changing system demand, the reservoir provides a cushion so that pumps do not need to be frequently turned on and off. In 2010, CTL performed an inspection of two of the oldest clearwells. That study determined that significant concrete repair work would be needed within the near future. These repairs have not yet been completed. The clearwells will need to be taken out of service to complete this work. In 2012, an inspection by CTL revealed extensive cracking in the roof of the reservoir, and CTL recommended it be repaired or replaced within 5 years. Studies by other engineering firms have since confirmed these recommendations. During icing events and other emergency operations over the past 5 years, it has become apparent that there is an overall shortage of finished water storage at the water plant. Although the plant nominally has 9.4 MG of storage, in reality only a portion of this is available at any given time. Plant hydraulics do not allow the high lift pumps to be able to use all of the stored water in the clearwells and reservoir. While staff has been able to provide continuous water during emergency operations, the plant only has about 12 - 15 hours of effective finished water storage. Any emergency extending beyond this time frame runs into the possibility of a system shutdown. The scope of work for this planning study was developed to investigate all of these issues and determine the best combination of reservoir and clearwell projects to meet the needs of Evanston, now and into the future. The Reservoir and Clearwell Planning Study (RFP 14-10) includes the following analyses: 1. Evaluate the finished water storage needs for Evanston using industry best management practices and regulatory requirements. 2. Determine the feasibility and life cycle costs of meeting Evanston’s finished water storage needs using the following alternatives: a. Alternative 1 – Repair the 1934 Reservoir and 1913 Clearwells, upgrading them to be able to use more of the finished water in the event of an emergency. b. Alternative 2 – Replace the 1934 Reservoir in the existing footprint. c. Alternative 3 – Replace the 1934 Reservoir in a larger footprint. d. Alternative 4 – Construct a new clearwell on the east side of Sheridan Road between Milburn Street and the existing Head House of the Water Treatment Plant. This alternative may require work on vacant property currently owned by the City, such property which is adjacent to the single family residence at 2437 Sheridan Road. At this very early point in time, it is impossible to know the extent and scope of this alternative. e. Alternative 5 – Construct a new reservoir at Leahy Park. This would include reconfiguring Leahy Park to provide similar facilities to the current park once the reservoir is completed. f. Alternative 6 – Rehabilitate the 1934 Reservoir roof slab in place. 70 of 537 Analysis: The Request for Proposal (RFP) was advertised on Demandstar and in the Chicago Tribune. Proposals were received on February 11, 2014. A total of five proposals were received as summarized below. Vendor Information Vendor Address Baxter & Woodman, Inc. 8430 W. Bryn Mawr Ave., Suite 400, Chicago, IL Carollo Engineers, Inc. 1200 Shermer Road, Suite 214, Northbrook, IL CDM Smith Inc. 125 S. Wacker Drive, Suite 600, Chicago, IL Crawford, Murphy & Tilly, Inc. 550 North Commons Drive, Suite 116, Aurora, IL Greeley & Hansen LLC 100 S. Wacker Drive, Suite 1400, Chicago, IL The pricing of the proposals received is as follows: Proposed Pricing Information Vendor Price CDM Smith Inc. $86,359 Greeley & Hansen LLC $88,275 Baxter & Woodman Inc. $91,768 Carollo Engineers, Inc. $94,126 Crawford, Murphy & Tilly, Inc. $99,500 The proposals were reviewed by: • Lara Biggs, Superintendent – Construction & Field Services • Jay Henderson, Pumping Division Chief • Kevin Lookis, Superintendent – Water Production • Kristin Rehg, Management Analyst – Utilities • David Stoneback, Utilities Director • Tammi Turner, Purchasing Manager The averaged scoring of the proposals was as follows: 71 of 537 Selection Criteria Max Pts CDM Smith Greeley & Hansen Carollo CMT Baxter & Woodman Firm Qualifications/Experience 20 19 19 18 15 13 Team/Project Mgr Quals/Exp 20 19 15 16 14 13 Project Approach 20 19 18 18 15 17 Cost 10 10 10 8 6 8 Completeness of Proposal 10 8 10 9 9 9 Willingness to Execute Agreement 10 10 10 10 10 10 M/W/EBE Participation 10 8 10 10 9 7 TOTALS 100 93 92 89 77 76 Two consultants had very similar scores rating them as highly qualified. Staff is recommending award to CDM Smith because of their experience on similar types of projects for a wide variety of clients as well as their use of highly experienced staff. Although Greeley and Hansen also scored well in the evaluation, much of the work in their proposal is being done by less-experienced staff with no reservoir/clearwell experience. CDM Smith has done numerous projects for the City of Evanston, including an initial assessment of the structural condition of the reservoir. The quality of their work has been good. CDM requested a partial waiver of the M/W/EBE goals. A memo reviewing compliance with the City of Evanston M/W/EBE requirements is attached. Attachments: Memo on Compliance with the M/W/EBE Program 72 of 537 To: David Stoneback, Director of Utilities Lara Biggs, Superintendent of Construction & Field Services From: Tammi Turner, Purchasing Manager Subject: Reservoir and Clearwell Planning Study (RFP 14-10) Date: March 24, 2014 The goal of the Minority, Women, and Evanston Business Enterprise Program (M/W/EBE) is to assist such businesses with opportunities to grow. In order to help ensure such growth, the City has established a 25% M/W/EBE subcontracting participation goal for general contractors. With regard to Reservoir and Clearwell Planning Study, RFP 14-10, in the base amount of $86,359.00, the primary contractor CDM Smith, has subcontracted the following: Name of M/W/EBE Scope of Work Contract Amount % MBE WBE EBE Vistara Construction Services, Inc. Cost Estimating $5,000.00 5.8% X Ardmore Associates Site, Civil, & Storm Water Mgmt $6,500.00 7.5% X Wang Engineering Geotechnical Svs. $3,500.00 4% X Total M/W/EBE $15,000.00 17.3% CDM Smith has requested a waiver for the remaining 7.7% MWEBE participation goal. A 7.7% MWEBE waiver is granted. CDM Smith will receive credit for 17.3% M/W/EBE participation. Cc: Marty Lyons, Assistant City Manager/CFO Memorandum Reservoir and Clearwell Planning Study (RFP 14-10), M/W/EBE Subcontracting Participation Partial Waiver 73 of 537 For City Council meeting of April 8, 2014 Item A3.2 Business of the City by Motion: Purchase of Trees for Spring Planting For Action To: Honorable Mayor, Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Paul D’Agostino, Superintendent, Parks, Forestry & Facilities Mgmt. Subject: Purchase of Trees and Planting Services for Spring Planting Date: March 24, 2014 Recommended Action: Staff recommends approval of the purchase of 312 trees and planting services for 150 trees from Suburban Tree Consortium (STC) in the amount of $77,536.76. Funding Source: Funding for this purchase is provided from two sources. First, is a general fund line item in the Parks & Forestry Maintenance Division Account 2655.65005. The total budget within this line item is $150,300 which is used for both the spring and fall planting seasons. The second source of funding is from the “Replant Express” program. This program allows residents to pay $250 (the cost of the tree plus delivery) to be added to the planting list immediately, rather than waiting the one to two years it normally takes for a replacement tree. There are twelve additional trees being planted through this program. Summary: The STC solicits quotes each spring and fall from participating nurseries for the City. In February, City staff sent a listing of the required trees for parkway planting this spring season to the STC. The STC then solicited and received bids from member area nurseries to attempt to procure the trees needed. Using the STC, staff were able to locate all of the 2”/2.5” diameter tree species in the quantity needed, as well as seventeen larger 3.5” diameter trees which specific residents requested and paid at an additional cost of $175.00 extra. Residents were also able to choose the tree species for their parkway from a list of five available options. Nearly 32% of the residents returned the form with their preferred choice of tree. Memorandum 74 of 537 Once all of the quotes were finalized, the grand total for all 312 STC trees is $62,086.76, which includes delivery costs for the 162 trees being planted by City crews The trees are being supplied by three nurseries - Beaver Creek Nursery, Inc. (6604 Randall Road, Poplar Grove, IL), Hinsdale Nurseries, Inc. (7200 S. Madison, Willowbrook, IL), and Possibility Place Nursery (7548 W. Monee-Manhattan Rd., Monee, IL). In addition to the purchase price of the trees, the STC tree planting contractor, Pugsley & Lahaie, Ltd. (PLL), 24414 N. Old McHenry Road, Lake Zurich, IL, has specific costs for planting different size trees, which are agreed to in writing with the STC and all member municipalities. Staff has set up a preliminary agreement with PLL for them to plant 150 of the 312 trees for a total cost of $15,450. Once this agreement is approved, PLL will pick up their 150 trees directly from the nurseries, deliver them to the individual sites, and plant them. Legislative History: In June of 2001, the City Council passed Ordinance 65-O-01, which authorized the City of Evanston to join and participate in the Suburban Tree Consortium (STC). The benefit of this membership is that by merging orders with other municipalities, our buying power is increased through economies of scale. In addition, Resolution 60-R-02 was passed in August 2002, which expressed the intent of the City of Evanston to remain a member of the STC as long as sufficient funding is appropriated. Another advantage of membership is our ability to pre-order specific tree species for five years into the future. This allows the nurseries to grow a large percentage of the exact tree species we will need in future years. ------------------------------------------------------------------------------------- Attachments: List of tree planting locations by address Nursery order confirmations Planting contract cost agreement 75 of 537 Ward Area # Street Location Notes Site Size Species Qty Wires 1 4b 210 Davis F1 1 1 3b 1515 Hinman F1 1 1 4d 1509- 1515 Hinman F2 2.5 London Plane 1 1 4d 1405 Judson F3 1 n 1 2e 927 Noyes F2, 3 2 n 1 2e 2102 Orrington On Simpson A5 2 Ginkgo 1 1 2e 2302 Orrington F1 1 n 1 2e 2316 Orrington F1 1 n 1 2e 2330 Orrington on Colfax T1 2 Hills Oak 1 n 1 2e 2330 Orrington on Colfax T4 2 Hop Hornbeam 1 n 1 2e 2330 Orrington on Colfax T3 3.5 Triumph Elm 1 n 1 2e 2237 Ridge F1 3.5 Triumph Elm 1 n 1 2e 2237 Ridge On Noyes T1 3.5 Triumph Elm 1 n 1 1d 1601 Sheridan at Clark app 40yrds n/e by driveway 1 1 2e 2242 - 50 Sherman F2 1 n 2 3B 1306 Ashland F1 2 Hills Oak 1 2 3B 1312 Ashland F1 1 2 3B 1510 Ashland F1 1 2 3B 1510 Ashland F2 1 2 1e 1564 Ashland F1 1 2 3a 1414 Brown F2 1 n 2 5a 1418 Brown F1 1 n 2 5a 1415 Church F1 1 n 2 4F 1419 Church F1 1 n 2 3B 1600 Church Mason Park. West of Dewey on Davis. R3, 4, 5, 8, 9,11 6 2 6b 2300 (a) Church ETHS F3 1 n 2 5c 1725 Cleveland F1 1 2 3B 1602 Darrow F1 2 Cornus Mas 1 y 2 4b 1605 Dempster F1 1 n 2 3b 1500 Dewey F2 2 Cornus Mas 1 y 2 3B 1560 Dewey F1 1 2 3B 1571 Dewey F1, 2 2 76 of 537 Ward Area # Street Location Notes Site Size Species Qty Wires 2 3B 1575 Dewey F1 2 Ginkgo 1 2 3b 1578 Dewey F1 1 n 2 3B 1580 Dewey F1 1 2 3d 1000 Florence Florence on Lee -- pull out 2.5 and replant A1, 4, 5 3 2 3d 1106 Florence F1 1 2 3d 1110 Florence F1 1 2 3b 1461 Florence F2, 3 2 n 2 3a 1325 Fowler F1 2 Bur Oak 1 n 2 3a 1326 Fowler F1 1 n 2 3a 1423 Fowler F1 1 n 2 4f 1521 Greenwood F1 1 2 3D 1612 Grove south of 721 Brown F2 1 2 3b 1608 Lake F1 1 2 5b 1720 Main F1, 2, 3 2 Ginkgo 3 n 2 5b 1728 Main F1 1 n 2 5b 1732 Main F1, 2 2 Swamp White Oak 2 n 2 5b 1804 Main F1 1 n 2 5b 1806 Main F1 1 n 2 1f 2200 Main by Hartrey (cul de sac) 1 2 3c 1017 McDaniel F1 1 2 3A 1617 McDaniel F1 1 2 3A 1623 McDaniel F2 2 Swamp White Oak 1 2 3A 1639 McDaniel F1 1 2 3A 1305 Pitner F2 1 2 3A 1341 Pitner SE Corner F1 1 2 3a 1536 Pitner F1 1 n 2 3b 1731 Wesley F2 1 y - wire 4 water 2 3d 1527 Wilder F1 2 Bur Oak 1 3 4f 110 Burnham Pl.F1, F2, F3 2 Cornus Mas 3 wire 3 4D 1401 Chicago opp. 1410 Chicago. F3 1 3 4D 1427 Chicago opp. 1426 Chicago. F1, F2 2 3 4f 1034 Chicago pull out dead 2.5" F2 1 77 of 537 Ward Area # Street Location Notes Site Size Species Qty Wires 3 4D 1306 Chicago sidewalk opening - stump bricks F1 2 Ginkgo 1 3 4F 222 Dempster Front Yard F3 2 Hills Oak 1 3 550 Forest F1 2 Cornus Mas 1 wires 3 3d 939 Forest F1 1 wire 4 overha ng 3 3a 1215 Forest F1 1 3 1217 Forest F2 3.5 Triumph Elm 1 3 4f 1043 Hinman F1 2 Hills Oak 1 3 4f 1043 Hinman F2 2.5 London Plane 1 3 4f 1142 Hinman on Hamilton T2 1 3 4c 616 Lake on Sherman T1, 3 2 n 3 3D 134- 136 Main On Michigan T3 1 3 6b 503 Michigan F3 3.5 Triumph Elm 1 3 1d 1037 Michigan F2 1 3 4F 1201 Sheridan F3 2 Ginkgo 1 3 4F 1201 Sheridan on Hamilton T3, 4 2 Ginkgo 2 3 6b 425 South Blvd on Hinman A1 1 4 5a 1038 Asbury F1 1 4 3D 1112 Asbury F1, F2 2 4 3b 1042 Ashland A1 1 4 4c 1021 Davis Animal Hospital; in sidewalk grate F1 2.5 Chanticlee r Pear 1 4 4A 1201 Davis on Ridge T2, 3 2 4 3b 1401 Davis F2 2 Hills Oak 1 4 3B 1511 Dempster A1,A2 2 4 3d 1524 Dempster F1 1 n 4 1G 1524 Dempster F1 1 n 4 2c 1526 Greenleaf EXPRESS, PLANT A 2.5" - Paid, wanted to wait til spring for fruiting cherry tree F1 2 Cornus Mas 1 y 4 2c 1526 Greenleaf On Florence T2 3.5 Triumph Elm 1 y 78 of 537 Ward Area # Street Location Notes Site Size Species Qty Wires 4 4e 1207 Main On Ridge Ct.T1, 2 2 Hills Oak 2 4 3d 1425 Main On Ashland A1, 2 2 4 4e 1128 Maple F1 1 4 4e 1235 Oak F1 3.5 London Plane 1 wire 4 overha ng 4 4e 1131 Ridge F2 2 Ginkgo 1 4 4C 1501 Ridge F1,F2 2 Hills Oak 2 4 4E 1011 Ridge Ct.F1 1 4 4E 1014 Ridge Ct.F1 2 Cornus Mas 1 4 4E 1018 Ridge Ct.F1 1 4 4d 1501 Sherman on Lake. Open grate openings T2, 3 2 4 4c 1560 Sherman all open grate openings A4 open 1 4 3D 1125 Wesley F1 1 5 2c 2020 Asbury on simpson T5 1 y 5 2c 2106 Asbury F2 2 Swamp White Oak 1 5 3B 1834 Darrow F1 1 5 3A 1720 Dodge F1 1 5 3A 1732 Dodge vacant lot F1 1 5 3A 1734 Dodge F1 1 5 3A 1738 Dodge F1 1 5 3A 1742 Dodge F1 1 5 3A 1744 Dodge F1 1 5 3A 1750 Dodge F1 1 5 3a 1800 Dodge F1 1 5 3A 1802 Dodge F1 1 5 3a 1806 Dodge F1 2.5 American Hornbeam 1 5 3a 1810 Dodge F1 1 n 5 3a 1813 Dodge F1 1 n 5 3A 1816 Dodge F1 1 n 5 3a 1818 Dodge F1 1 n 5 3A 1826 Dodge F1 1 n 5 3a 1828 Dodge F1 1 n 5 3a 1832 Dodge F1 1 n 5 2d 2001 Dodge On Foster T1 2 Cornus Mas 1 y 5 2c 1227 Emerson F1 1 5 2c 1229 Emerson F2 1 5 2c 1235 Emerson F3 1 5 3A 2308 Emerson F1 1 n 5 3A 2310 Emerson F11 1 n 5 3A 2312 Emerson F1 1 5 3a 2318 Emerson F1 1 79 of 537 Ward Area # Street Location Notes Site Size Species Qty Wires 5 2c 1239- 41 Emerson F4 2 Ginkgo 1 5 2d 1319- 21 Emerson brick opening F2 1 5 3a 1741 Hartrey F2 2 Cornus Mas 1 y 5 3a 1823 Hovland Ct F2 1 5 3a 1827 Hovland Ct F1 1 5 3A 1833 Hovland Ct.F1 1 5 3A 1832 (A) Hovland Ct.F1 1 5 3A 1800 Laurel A1,A3 2 5 3A 2217 Lyons F1 1 5 2e 2048 Pratt on Simpson T2 1 n 5 2e 2049 Ridge on Simpson A1 2 Swamp White Oak 1 6 6c 2403 Central A1 1 6 2a 2215 Central Park F2 1 6 1d 2306 Central Park F1 2 Swamp White Oak 1 6 1e 2311 Central Park F1 11 1 n 6 3b 2311 Central Park F2 13 1 n 6 1e 2317 Central Park F1 11 1 n 6 1d 2445 Central Park on Harrison A4 1 n 6 1d 2448 Central Park on Harrison T1 2 Ginkgo 1 n 6 1a 2636 Central Park F1 2 Cornus Mas 1 no 6 1g 2409 Colfax F1 2.5 London Plane 1 6 1E 2310 Ewing wire tree for overhang and water F2 2 Cornus Mas 1 6 2320 Forestview F2 2 Hop Hornbeam 1 6 2320 Forestview F1 3.5 Triumph Elm 1 6 1G 2423 Harrison F2 1 6 1b 2514 Harrison F2 1 6 1B 2506 Hartzell F2 3.5 London Plane 1 n 6 1d 2304 Hastings On Grant A3 2 Hills Oak 1 6 1d 3330 Hayes F3 2 Cornus Mas 1 y 6 3b 2715 Hurd F4 1 n 80 of 537 Ward Area # Street Location Notes Site Size Species Qty Wires 6 1b 2758 Hurd F2 1 n 6 1c 2800 Isabella on Ewing A1 1 n 6 3b 2323 Lawndale F2 1 n 6 1g 2324 Lawndale F1 1 n 6 1f 2430 Lawndale F1 1 n 6 1e 2734 Lincoln F1 1 6 1E 2738 Lincoln plant 1 tree @ 2734 lincoln f1 F1 2 Ginkgo 1 6 1e 2739 Lincoln F2 1 6 1e 2828 Lincoln F1 1 6 1D 2449 Marcy A1 1 6 1D 2449 Marcy A2 1 6 1f 1934 McDaniel A1 1 6 1h 2140 Pioneer F1 2 Swamp White Oak 1 n 6 1h 2140 Pioneer on Payne A1, 3 2 n 6 4d 2321 Ridgeway F1 1 n 6 2319 Thayer F1 3.5 Redbud 1 Y 7 2c 2231 Asbury at Noyes F2 3.5 Triumph Elm 1 7 1e 1317 Chancellor near water line, may be able to rep? F1 1 7 1g 1923 Colfax F1 3.5 Triumph Elm 1 7 1g 1939 Colfax F1 1 n 7 1g 2400 Colfax on Pioneer A4, 7, 8, 9,10, 11 6 n 7 1g 2400 Colfax F5 1 n 7 2a 2744 Garrison F1 2 Ginkgo 1 7 2c 1319 Grant EXPRESS, PLANT A 2.5" - Paid, wanted to wait til spring for fruiting cherry tree F2 2 Cherry 1 y 7 1g 2102 Harrison SMALL ONLY F1 1 n 7 3b 2121 Harrison F1 1 7 2a 2407 Hartrey T1 1 7 1c 2201 Hartzell opp. 2206 Hartzell F1 1 7 1g 915 Isabella F4 1 7 2a 2505 Jackson F1, 2 2 81 of 537 Ward Area # Street Location Notes Site Size Species Qty Wires 7 1c 2200 Jenks on Prairie A1, 2 2 n 7 1c 2200 Jenks F2 1 n 7 2a 1501 Lincoln on Jackson T1 1 n 7 1g 2015 Lincoln F1 1 7 6a 2019 Lincoln F1 1 7 1g 2025 Lincoln F1 1 7 1h 1900 McCormick (a) SE side of McC just S of Bridge St F58, 60 2 n 7 1h 2024 McCormick Ecology Center F1, 11, 12 3 n 7 1h 2101 McCormick (a) SW of Bridge St along Eggleston Park F3, 6, 7, 13, 14 5 7 2c 1421 Noyes F1 1 n 7 2006 Noyes F1 2 Cornus Mas 1 y 7 1h 2207 Noyes F1 2.5 London Plane 1 n 7 1h 2221 Noyes F1 1 n 7 1h 2201 Payne F1 3.5 London Plane 1 7 1h 2201 Payne on Hartrey T3 3.5 Triumph Elm 1 7 1h 2203 Payne F1, 2 2 n 7 1H 2210 Payne F1 2 Swamp White Oak 1 7 1h 2216 Payne wire for water F1 2 Cornus Mas 1 n 7 1h 2223 Payne F1 2 Ginkgo 1 n 7 1h 2128 Pioneer on Payne T2, 3 2 n 7 1H 2129 Pioneer F2 1 N 7 1c 2618 Prairie F1 3.5 London Plane 1 7 6a 2675 Prairie Stump is several years old F1 1 7 2a 1310 Rosalie F1 3.5 Triumph Elm 1 7 2e 1917 Sheridan (a)opposite 1918 Sheridan Rd 1 n 7 2e 2121 Sheridan F1, 2 2 n 7 1h 2222 Simpson on McCormick R3 1 n 82 of 537 Ward Area # Street Location Notes Site Size Species Qty Wires 7 1H 2437 Simpson F1 1 7 2a 2727 Woodbine on Jenks A1,2 ,3 3 n 7 2A 2728 Woodbine On Poplar - pre- paid - some trees will have to be trimmed to give space R1 2 Bur Oak 1 7 2A 2728 Woodbine pre-paid T1 3.5 Hackberry 1 8 5c 138 Asbury F1 1 n 8 5c 142 Asbury F1, F2 2 n 8 6c 1220 Austin F1 1 n 8 6d 703 Brummel 703-707 F2, F3 2 Cornus Mas 2 y 8 5c 1714 Brummel F3 2 Ginkgo 1 n 8 1d 1020 Harvard F1 1 8 6c 1103 Harvard F1 1 8 6c 1216- 26 Harvard F1 1 8 5a 2125 Howard F1 2 Hills Oak 1 8 5c 1307 Mulford F1 2 Ginkgo 1 8 5c 319 Wesley F1 3.5 Triumph Elm 1 n 9 5a 538 Dodge F1 1 9 1d 907 Madison F1 1 9 5b 1604 Main F1 2 Swamp White Oak 1 n 9 6a 1120 Monroe F1 2 Ginkgo 1 9 6A 1107 Oakton F1 2 Bur Oak 1 9 1b 1121 Oakton Needs post F1 1 n 9 3b 2106 Seward no room for replant F1 1 9 5a 2119 Seward F1 1 9 3a 2130 Seward on Hartrey T1 1 9 6a 720 Sherman 720-722 F2 1 n 9 1303 Washington 3 sites on Asbury, only planting one, leave room for 2 more. T2 2 Hills Oak 1 83 of 537 84 of 537 85 of 537 86 of 537 87 of 537 88 of 537 For City Council meeting of April 8, 2014 Item A3.3 Business of the City by Motion: Dutch Elm Disease Control Program For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Public Works Director Paul D’Agostino, Assistant Director of Public Works, Parks/Forestry Subject: Approval of Lowest Responsive and Responsible Bid 14-15 for the 2014 Dutch Elm Disease Control Program (Bid 14-15) Date: March 21, 2014 Recommended Action: Staff recommends City Council authorize the City Manager to execute a contract in the amount of $761,745.00 with Sunrise Tree Service Company, (STSC) located at 110 Midlothian Road, Hawthorne Woods, Illinois, 60047 for the 2014 Dutch Elm Disease Control Program. Funding Source: Funding is provided by FY2014 approved one-time expenditures in the amount of $200,000 and reserve funds set aside from previous years in the amount of $557,216 (Account 100.41332). The balance of funding for this contract ($4,529) will be made up using a portion of the $46,000 remaining in General Fund Dutch Elm Disease Account (2655.62496). This line item will also be used to purchase fungicide and equipment for the additional 250 public elms scheduled for injection by Forestry staff this year. Any remaining balance after all eligible public elm trees have been injected will be transferred back to the reserve fund for future year funding of the program. Summary: Work on this project includes providing a preventative treatment for Dutch Elm Disease (DED) in approximately 2,150 parkway and other publicly-owned elm trees through the root flare injection of Arbotect 20-S at the three-year rate. This program is a continuation of the City Council’s expanded DED control methods initiated in September 2004, and expanded to all public elms in 2011. STSC has agreed to extend their “per-inch” bid price to all Evanston property owners who wish to have their private elms injected in 2014. Memorandum 89 of 537 Bids to perform the injections were opened and publicly read on March 18, 2014. A total of two bids were received as follows: Contractor Address Bid Per Inch # of Elms Average diameter in inches Award Total Sunrise Tree Care 110 Midlothian Road, Hawthorne Woods, Illinois 60047 $11.81 2,150 30” $761,745.00 Davey Tree Expert Company 1500 N. Mantua Street, Kent, Ohio 44240 $14.24 2,150 30” $918,480.00 Staff recommends awarding the bid for the 2014 Dutch Elm Disease Control Program to Sunrise Tree Care Co. for the lump sum amount of $761,745.00. The Bid 14-15 Contract for 2014 Dutch Elm Disease Control Program precludes subcontracting opportunities therefore a waiver is granted. ------------------------------------------------------------------------------------- Attachment: M/W/EBE Memo 90 of 537 To: Suzette Robinson, Public Works Director Paul D’Agostino, Assistant Director of Public Works, Parks/Forestry From: Tammi Turner, Purchasing Manager Subject: Contract for 2014 Dutch Elm Disease Control Program, Bid (14-15) Date: April 8, 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, Bid 14-15 Contract for 2014 Dutch Elm Disease Control Program precludes subcontracting opportunities. Therefore, a waiver is granted. Cc: Martin Lyons, Assistant City Manager/CFO Memorandum Bid 14-15, 2014 Dutch Elm Disease Control Program, M/W/EBE Waiver, 04.08.2014 91 of 537 For City Council meeting of April 8, 2014 Item A3.4 Business of the City by Motion: Ford OEM Parts Contract Extension 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, Fleet Manager Subject: Contract Extension for Ford Original Equipment Manufacturer (OEM) Parts (Bid 12-118) Date: March 14, 2014 Recommended Action: Staff recommends City Council authorize the City Manager to execute the agreement for a one-year contract extension for the purchase of Ford Original Equipment Manufacturer (OEM) parts in the amount of $88,500 with Golf Mill Ford Inc. (9401 N. Milwaukee Avenue, Niles, IL 60714). Funding Source: Funding for this purchase will be from the Major Maintenance, Materials to Maintain Autos Account (7710.65060) which has a budgeted amount of $950,000. This proposed expenditure amounts to 9.32% of this budgeted amount. Background: In April 2012, staff solicited bids for the purchase of Ford OEM parts. The proposed contract was for a one-year period with the right to extend the contract for up to three, one-year periods. This will be the second, one year contract extension. This approval request in the amount of $88,500 is based on the average spend for the last two years. Summary: Based on a review of current pricing structures and Golf Mill Ford’s record as the lowest responsive and responsible vendor, staff recommends a contract extension to Golf Mill Ford for an additional one year period from 04/01/14 through 03/31/15 in the amount of $88,500. Golf Mill Ford has provided very good parts and exceptional services to the City of Evanston for more than 10 years. There are no Evanston-based businesses that provide Ford OEM parts. Attachment: March 1, 2014 letter from Golf Mill Ford Memorandum 92 of 537 93 of 537 For City Council meeting of April 8, 2014 Item A3.5 Business of the City by Motion: Hot Asphalt Contract Extension For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works James Maiworm, Assistant Director of Public Works O & M Subject: Contract Extension for Hot Mix Asphalt (Bid #12-34) Date: March 17, 2014 Recommended Action: Staff recommends City Council authorize the City Manager to execute the agreement for a one-year contract extension for the purchase of 500 tons of modified hot mix asphalt at a cost of $52.00 per ton and 300 tons of modified hot mix binder at the cost of $44.00 per ton to Arrow Road Construction dba Healy Asphalt (3401 South Busse Road, Mt. Prospect, IL) for Fiscal Year 2014 for a cost of $39,200. Funding Source: Funding for this purchase will be from the FY 2014 General Fund Street and Alley Account (2670.65055) in the amount of $31,200 (110,000 budgeted); The Water Fund Account (7115.65051) in the amount of $4,000 ($22,991 budgeted); and the Sewer Fund Account (7400.65051) in the amount of $4,000 ($22,991 budgeted). Summary: In May 2011, staff solicited bids for the purchase of modified hot mix asphalt. The proposed contract was for a one-year period with the right to extend the contract for up to four, one-year periods. This is the third one-year contract extension. Per the terms of the contract, staff has negotiated with Healy Asphalt, Inc. to establish the purchase price based on the market conditions and other competitive bid pricing in the area. This year Healy Asphalt Company has agreed to hold the 2013 prices thru the 2014 construction season. The contract terms include a provision in which the City can increase or decrease the quantities of asphalt purchased by 30%. To ensure that the price quoted by Healy was competitive, staff solicited quotes from two additional vendors for 500 tons of hot mix asphalt surface and received verbal quotes of $59.00 per ton and $65.00 per ton. Therefore, staff recommends awarding a one-year contract extension for asphalt to Healy. Memorandum 94 of 537 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of April 8, 2014 Item A3.6 Business of the City by Motion: Davis Streetscape Furniture Purchase For Action To: Honorable Mayor and Members of the City Council Members of the Administration & Public Works Committee From: Suzette Robinson, Director of Public Works Sat Nagar, P.E., Senior Project Manager, Engineering and Infrastructure Subject: Davis Streetscape Furniture Purchase Date: March 31, 2014 Recommended Action: Staff recommends City Council approval of the single source purchase of the following streetscape furniture items for Davis Street: 4 Melville Style Benches, 30 Emerson Bike Racks and 24 Poe Style Litter Containers from Landscapeforms, 431 Lawndale Avenue, Kalamazoo, MI 49048 in the amount of $51,006.00. Funding Source: Funding for this purchase will be as follows: Washington National TIF (589104 budget of $100,000) $22,952.70 CIP Fund (416438 budget of $400,000) $28,053.30 Summary: In April of 2013, the City Council approved the Capital Improvement Concept Plan for Davis Street Streetscape and resurfacing project. The concept plan included the installation of benches, bike racks and trash cans along Davis Street between Ridge and Hinman Avenue. Staff is requesting City Council approval of this single source purchase in order to maintain uniformity with the previously purchased amenities for the Church Street project. Attachments: Street Furniture Quote Memorandum 95 of 537 96 of 537 97 of 537 For City Council meeting of April 8, 2014 Item A4 Resolution 14-R-14: Lease for 631 Howard Street, Unit 2 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Mark Muenzer, Community Development Director Johanna Nyden, Economic Development Manager Sarah Flax, Housing & Grants Administrator April Jacobs, Grants & Compliance Specialist Subject: Authorization for the City Manager to Negotiate and Execute Residential Lease for 631 Howard Street, Unit 2 Date: March 28, 2014 Recommended Action: Staff recommends that City Council approve Resolution 14-R-14 authorizing the City Manager to execute a residential lease with Anne Carlson and Cody Modeer for an apartment located at 631 Howard Street, Unit 2. Funding Source: Not Applicable Summary: The City of Evanston purchased a three-story mixed use building located at 629-631 Howard Street. The building contains two residential units and ground floor commercial space. The two residential units at 629-631 Howard Street were rehabilitated using CDBG funds and one unit must be rented to a household whose income does not exceed 80% of the area median income adjusted for household size at first occupancy. CDBG regulations do not require recertification of household income at lease renewal. The City of Evanston uses the Department of Housing and Urban Development’s (HUD) Fair Market Rents (FMR) for units rehabbed through its CDBG Housing Rehabilitation Program. The 2014 FMR currently in effect for the Chicago-Joliet-Naperville, IL HUD Metro FMR Area for a two-bedroom unit is $979.00 per month. The term of the lease is one year, from May 1, 2014 through April 30, 2015. If Ms. Carlson and Mr. Modeer renew their lease in subsequent years, the rent is subject to change based on HUD FMR in effect at the time of renewal. All rental income in excess of operating expenses for the residential portion of the property will be receipted as Memorandum 98 of 537 program income in the CDBG Revolving Loan fund following CDBG regulations. Any lease renewal will be subject to City Council action. Attachments: Resolution 14-R-14 Residential Lease Page 2 of 2 99 of 537 3/28/2014 14-R-14 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Residential Lease for an Apartment Located at 631 Howard Street, Unit 2 WHEREAS, the City of Evanston owns certain real property known as 629-631 Howard Street, Evanston, Illinois (the “Subject Property”), which is improved with a three-story building containing one (1) commercial unit on the bottom floor and two residential units on the top two floors; and WHEREAS, Anne Carlson and Cody Modeer (the “Tenants”), seek to renew the lease agreement for one of the residential units (631 Howard, Unit 2) from the City for a one-year term; and WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston to lease the aforementioned residential unit and to execute a lease agreement with the Tenants, NOW, THEREFORE, BE IT RESOLVED 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: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended, the City Manager is hereby authorized and directed to negotiate and execute, and the City Clerk hereby authorized and directed to attest, on behalf of the City of Evanston, a lease agreement by and among the City and the Tenants for a term of one (1) year. The lease agreement shall be in substantial 100 of 537 14-R-14 ~2~ conformity with the lease attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions for the lease agreement as may be determined to be in the best interests of the City and approved as to form by the Corporation Counsel. SECTION 4: This Resolution 14-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 101 of 537 14-R-14 ~3~ EXHIBIT A RESIDENTIAL LEASE AGREEMENT THIS LEASE ("Lease") is made and entered into as of the ___ day of April, 2014, by and between CITY OF EVANSTON, an Illinois municipal corporation and a home rule unit of the State of Illinois (the "Landlord") and ANNE CARLSON and CODY MODEER, individuals (collectively referred to herein as "Tenant") for the lease of a two bedroom residential unit as described below. In consideration of the rents, covenants and conditions hereafter set forth, the Landlord and Tenant hereby agree as follows: 1. BASIC LEASE PROVISIONS. In addition to the other terms which are elsewhere defined in this Lease, the following words and phrases, whenever used in this Lease, shall have the meanings set forth in this Section 1. (a) Date of Lease: May 1, 2014 (b) Property: 629-631 Howard Street Evanston, IL 60202 (c) Premises: 631 Howard Street, Unit 2 Evanston, IL 60202 (d) Possession Date: Immediate (e) Lease Term: One Year (f) Base Rent: $979.00/per month (g) Real Estate Taxes Landlord will be responsible for the payment of the and Operating real estate taxes for the Premises and the costs of Expenses: owning, operating, maintaining, and repairing the common areas of the Property. (h) Utilities: Tenant will be responsible for the payment of ALL utilities, including electricity, gas, water, cable, internet and other related expenses. (i) Permitted Use: The Premises shall be used only as a private dwelling and for no other purposes whatsoever. (j) Security Deposit: $958.00 (One Month Rent), previously deposited by Tenant and no additional security is needed for the 102 of 537 14-R-14 ~4~ renewal of the Lease. 2. PREMISES AND COMMERCIAL LEASE. Landlord owns the Property which is a mixed use building and Landlord does hereby lease and rent to Tenant, and Tenant does hereby lease, take and rent from Landlord one of the residential units, the “Premises”. The Premises is a two-bedroom unit. The Landlord and Tenant shall also be entering into a separate Lease and Option Agreement (the “Commercial Lease”) for the first floor commercial space. In the event of any conflict between the terms and conditions of this Lease and the terms of the Commercial Lease, the parties unconditionally agree that the terms and conditions of this Lease shall supersede, prevail and dictate. Any term or condition of the Commercial Lease not addressed within this Lease shall remain in full force and effect. The Landlord will cause the halls, corridors, and other parts of the Property adjacent to the Premises to be lighted, cleaned and generally cared for, accidents and unavoidable delays excepted. No modifications, alterations, additions, installations, or renovations, except decorating, shall be undertaken by the Tenant without first obtaining the written permission from the Landlord, such approval not to be unreasonably withheld. Excluding damage by fire or other casualty and action of Landlord, Tenant shall pay for any and all damage to the interior of the Premises beyond normal wear and tear and shall do so within thirty (30) days of invoicing by the City. If Tenant does not pay said invoice, the Landlord may elect to make the repairs needed and apply the Security Deposit pledged by the Tenant to cover the costs. Landlord will deliver the Premises to Tenant no later than the Possession Date in “broom -clean” state with all systems functional and in good condition and repair, except as provided herein. 3. TERM. The term of this Lease (the ‘Term”) shall be for a period of one (1) year commencing on May 1, 2014 (the “Possession Date”) as defined in Section 1(d) and twelve months thereafter to April 30, 2015 (the “Expiration Date”). After the Lease is terminated, the Tenant shall leave the Premises in broom clean condition and shall turn over any and all keys to the City Manager or his or her designee. 4. RENT. Tenant agrees to pay Landlord or Landlord’s agent for the leasing of the Premises, the monthly base rent due under the terms of this Lease on the 1st day of the month (the “Base Rent”) at the rate of Nine Hundred Seventy-Nine and no/100 Dollars ($979.00). If the Tenant chooses to renew the lease agreement at year end, the Base Rent is subject to change based on the Chicago-Joliet-Naperville, IL HUD Metro Area Fair Market Rent for the subsequent years. The Tenant also acknowledges that they will have to submit proof of income prior to any renewal of the lease agreement for eligibility under HUD guidelines. 5. SECURITY DEPOSIT. Landlord shall retain the security deposit submitted by Tenant for previous lease term in the amount of Nine Hundred Fifty-Eight and no/100 Dollars ($958.00), the amount of one month’s rent and security for this lease term and no additional security is necessary. Said sum shall be held by Landlord as security for the performance of all terms, covenants and conditions of this Lease to be performed by Tenant. If Tenant defaults with respect to any provisions of this lease, Landlord may at its option apply all or any portion of such deposit to compensate Landlord for any loss or 103 of 537 14-R-14 ~5~ damage it may sustain. Landlord shall not be required to keep this security deposit separate from its general funds and Tenant shall not be entitled to any interest on such deposit. Tenant shall not use the security deposit as the last month’s rental payment. The Landlord shall itemize the deductions from the Security Deposit, if any. 6. PARKING AND BASEMENT. The Tenant shall be entitled to the use of one (1) parking spot in the back of the Property under this residential lease. Landlord will not be responsible for clearing the parking space and surrounding area free from snow and ice, this is the responsibility of the Tenant. Tenant shall not be provided a storage locker in the basement area. 7. NO LIENS. Tenant shall not permit to be created nor to remain un-discharged any lien, encumbrance or charge to become, a lien or encumbrance or charge upon the Premises by any of Tenant’s creditors or resulting from leasehold improvements . If any lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant’s contractor to work in the Premises shall be filed against the Premises, Tenant shall, within sixty (60) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit or bond or obtain title insurance over the same. In the event Tenant diligently contests any such claim of lien, Tenant agrees to indemnify, defend, and hold harmless Landlord from any and all reasonable out of pocket costs, liability and damages, including attorneys’ fees resulting therefrom, and, if requested, upon demand, Tenant agrees to immediately deposit with Landlord cash or surety bond in form and with a company reasonably satisfactory to Landlord in an amount equal to the amount of such contested claim. 8. TENANT INSURANCE OBLIGATIONS. The Tenant shall furnish copies of a certificate of renter’s insurance with the Landlord named as an additional insured wi th an insurance company acceptable to the Landlord for its renter’s insurance policy. 9. QUIET ENJOYMENT. Landlord hereby covenants and agrees that if Tenant shall perform all the covenants and agreements on Tenant’s part to be performed, Tenant shall at all times during the Term have the quiet enjoyment and possession of the Premises. Absent this statement, Tenant acknowledges and agrees that they are renting a residential space above a commercial business and the adjoining commercial building has outdoor patio seating which may impact Tenant’s quiet enjoyment. 10. CERTAIN RIGHTS RESERVED TO LANDLORD. In addition to those rights identified above, Landlord reserves the following rights: (a) to decorate, remodel, repair, alter or otherwise prepare the Premises for re-occupancy if Tenant should permanently vacate the Premises during or prior to the last sixty (60) days of the Term or any part thereof; (b) to retain pass keys to the Premises; (c) to take any and all measures, including, without limitation, inspections, 104 of 537 14-R-14 ~6~ repairs, and alterations to all or any part of the Premises, as may be necessary or desirable for the safety, protection or preservation of the Premises or Landlord's Interests or as may be necessary or desirable in the operation of the commercial portions of the Premises; and Landlord may enter upon the Premises with reasonable notice to Tenant and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or disturbance of Tenant’s use or possession and without being liable in any manner to Tenant. Landlord agrees that it shall not interfere with the Tenant's use and occupancy unless Landlord determines in its reasonable discretion that such interference is necessary. 11. DEFAULT REMEDIES. (a) Any one of the following events shall be deemed to be an event of default hereunder by Tenant subject to Tenant's right to cure: (1) Tenant shall fail to pay rent within five (5) days, at the time and place when and where due; (2) Tenant shall fail to maintain the insurance coverage as set forth herein; (3) Tenant shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of Rent, and shall not cure, or commence the good faith cure of any such failure, within 30 days after written notice to the Tenant of such failure, provided that if such cure cannot be effected within 30 days, Tenant shall not be in default hereunder so long as Tenant commences such cure or has requested bids for such cure within 45 days and diligently pursues the completion and in good faith and Tenant does subsequently cure said default within 60 days; and (4) Tenant assigns this Lease or sublets the Premises to any other persons. (b) Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants right to cure: (1) Terminate this Lease and in the event of such termination, Landlord may, at its option, declare the entire amount of the Rent which would become due and payable during the remainder of the Term to be due and payable immediately, in which event Tenant agrees to pay the same at once, together with all Rent theretofore due, provided, however, that such payments shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance of the Rent for the remainder of the Term. (2) Landlord may recover from Tenant upon demand all of Landlord's costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by 105 of 537 14-R-14 ~7~ Landlord in enforcing Tenant's obligations hereunder, subject to Landlord prevailing on its claims. (c) Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. 12. INDEMNITY. Tenant agrees that the mayor and council members, department and divisions officials, officers, agents, attorneys, and employees of the Landlord shall not be liable for any claim of any kind or in any amount for any injury to or death or persons or damage to property of Tenant or any other person. Tenant shall indemnify and hold Landlord harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury related to Tenant's negligence, gross negligence, or acts of intentional misconduct. In the event that Tenant is named as a defendant in any legal proceeding arising from any acts of gross negligence or intentionally wrongful acts of Landlord for any injury or any claimed damage occurring at the Premises, then Landlord shall indemnify and hold Tenant harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury provided that a) Landlord is named as a defendant in the legal proceeding; b) the claim arises from acts of gross negligence or intentional misconduct by the Landlord; c) Tenant’s own negligent act or intentional misconduct; and d) the claim is unrelated to Tenant's use and occupancy of the Premises. 13. LIABILITY FOR ACTS OR NEGLECT. If any damage to the Premises, or any part thereof, results from any. act or neglect of Tenant or its invitees or other guests, agents, customers, invitees or other guests of it’s customers, or employees, independent contractors, or the like, Tenant shall immediately repair the same; provided, however, that Landlord may, at its option, repair such damage and Tenant shall, upon demand by the Landlord, reimburse the Landlord forthwith for the total cost of such repairs. All personal property belonging to Tenant shall be at the sole risk of the Tenant and such other person only and the Landlord shall not be liable for damage, theft or misappropriation thereof. 14. DESTRUCTION OR CONDEMNATION. In the event of destruction of or damage to, the Premises by fire or other casualty, Landlord shall use the proceeds of its insurance to promptly rebuild and restore the Premises to their condition immediately prior to such destruction or damage. Landlord or Tenant may terminate this Lease and the Parties rights hereunder and the Parties shall be released of its obligations and this Lease shall cease and terminate as of the date the other Party receives written notice of such election, and neither party hereto shall have any further obligation to the other. If the whole or any part of the demised Premises shall be taken by any public authority under the power of eminent domain, the Lease term shall cease as of the day of 106 of 537 14-R-14 ~8~ possession shall be taken by such authority if such is of the entire demised Premises and any rents shall be prorated as of said date. 15. ATTORNEYS' FEES AND EXPENSES. If at any time during the Term of this Lease either Landlord or Tenant shall institute any action or proceeding against the other relating to the provisions of this Lease, or any default hereunder, each party to pay its own attorneys fees and costs. 16. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties with respect to the Premises and no representations or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of any obligation hereunder, and no custom or practice at variance with the terms hereof, shall constitute a waiver of Landlord's right to demand strict compliance with the terms hereof. Time is of the essence of this Lease, and of each term, condition and provision hereof. 17. HOLDING OVER. Upon termination of this Lease, by lapse of time or otherwise, Tenant shall surrender the Premises (and all keys thereto) in the same condition as at commencement of the Term, excepting only reasonable wear and tear and loss by insured casualty. If Tenant remains in possession after expiration of the Term, Tenant agrees to yield up immediate and peaceable possession to Landlord, and if failing to do so, in connection with the expiration of the Term or any termination hereof by the Parties, the Tenant shall pay the sum of one hundred and no/100 Dollars ($100.00) per day, for the time such possession is withheld. 18. SEVERABILITY. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall be determined to be invalid or unenforceable to any extent, neither the remainder of this Lease nor the application of such term, covenant or condition to any other person or circumstance shall be affected thereby, and each term, covenant or condition of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19. GOVERNING LAW AND TIME LIMITATION. This Lease shall be construed and enforced in accordance with the laws of the State of Illinois. All disputes relating to the interpretation and enforcement of the provisions of this Lease shall be resolved exclusively by the federal or state court located in Cook County, Illinois, and the parties hereto hereby submit to the jurisdiction and venue of the court for such purpose. 20. NOTICES. Notices sent to the Parties, should be mailed to the addresses set forth below. Mailed notices must be sent via certified mail, return receipt requested. Landlord: City of Evanston Tenant: Anne Carlson and Cody Modeer Attn: City Manager 631 Howard Street, Unit 2 2100 Ridge Avenue Evanston, IL 60202 Evanston, IL 60201 107 of 537 14-R-14 ~9~ IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Lease to be effective on the last date executed by a party written below. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: _________________________________ Its: City Manager, Wally Bobkiewicz Dated: _____________________ Tenant: ANNE CARLSON Tenant: CODY MODEER By: _______________________ By: ________________________ Dated: _____________________ Dated: _____________________ 108 of 537 For City Council meeting of April 8, 2014 Item A5 Resolution 22-R-14: Lease for 631 Howard Street, Unit 1 For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Mark Muenzer, Community Development Director Johanna Nyden, Economic Development Manager Sarah Flax, Housing & Grants Administrator April Jacobs, Grants & Compliance Specialist Subject: Authorization for the City Manager to Negotiate and Execute Residential Lease for 631 Howard Street, Unit 1 Date: March 28, 2014 Recommended Action: Staff recommends that City Council approve Resolution 22-R-14 authorizing the City Manager to execute a residential lease with Marcus T. Yakhnis and Nicole M. Mickels for an apartment located at 631 Howard Street, Unit 1. Funding Source: Not Applicable Summary: The City of Evanston purchased a three-story mixed use building located at 629-631 Howard Street. The building contains two residential units and ground floor commercial space. The residential units were rehabilitated using CDBG funds. Unit 2 was leased in May 2012; Unit 1 must be leased to complete the project and report as required. Mr. Marcus Yakhnis and Ms. Nicole Mickels have applied to lease the second floor unit, Unit 1. The City of Evanston uses the Department of Housing and Urban Development’s (HUD) Fair Market Rents (FMR) for units rehabbed through its CDBG Housing Rehabilitation Program. The 2014 FMR currently in effect for the Chicago-Joliet-Naperville, IL HUD Metro FMR Area for a two-bedroom unit is $979.00 per month. The term of the lease is April 9, 2014 through March 31, 2015. All rental income in excess of operating expenses for the residential portion of the property will be receipted as program income in the CDBG Revolving Loan fund following CDBG regulations. Any lease renewal will be subject to City Council action. Memorandum 109 of 537 Attachments: Resolution 22-R-14 Residential Lease Page 2 of 2 110 of 537 3/28/2014 22-R-14 A RESOLUTION Authorizing the City Manager to Negotiate and Execute a Residential Lease for an Apartment Located at 631 Howard Street, Unit 1 WHEREAS, the City of Evanston owns certain real property known as 629-631 Howard Street, Evanston, Illinois (the “Subject Property”), which is improved with a three-story building containing one (1) commercial unit on the bottom floor and two residential units on the top two floors; and WHEREAS, Marcus T. Yakhnis and Nicole M. Mickels (the “Tenants”), seek to lease one of the residential units (631 Howard, Unit 1) from the City for the period of April 9, 2014 – March 31, 2015; and WHEREAS, the City Council has determined that it is in the best interests of the City of Evanston to lease the aforementioned residential unit and to execute a lease agreement with the Tenants, NOW, THEREFORE, BE IT RESOLVED 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: Pursuant to Subsection 1-17-4-1 of the Evanston City Code of 2012, as amended, the City Manager is hereby authorized and directed to negotiate and execute, and the City Clerk hereby authorized and directed to attest, on behalf of the City of Evanston, a lease agreement by and among the City and the Tenants for a term of one (1) year. The lease agreement shall be in substantial 111 of 537 22-R-14 ~2~ conformity with the lease attached hereto as Exhibit “A” and incorporated herein by reference. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions for the lease agreement as may be determined to be in the best interests of the City and approved as to form by the Corporation Counsel. SECTION 4: This Resolution 22-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 112 of 537 22-R-14 ~3~ EXHIBIT A RESIDENTIAL LEASE AGREEMENT THIS LEASE ("Lease") is made and entered into as of the ___ day of April, 2014, by and between CITY OF EVANSTON, an Illinois municipal corporation and a home rule unit of the State of Illinois (the "Landlord") and MARCUS T. YAKHNIS AND NICOLE M. MICKELS, individuals (collectively referred to herein as "Tenant") for the lease of a two bedroom residential unit as described below. In consideration of the rents, covenants and conditions hereafter set forth, the Landlord and Tenant hereby agree as follows: 1. BASIC LEASE PROVISIONS. In addition to the other terms which are elsewhere defined in this Lease, the following words and phrases, whenever used i n this Lease, shall have the meanings set forth in this Section 1. (a) Date of Lease: April 9, 2014 (b) Property: 629-631 Howard Street Evanston, IL 60202 (c) Premises: 631 Howard Street, Unit 1 Evanston, IL 60202 (d) Possession Date: Immediate (e) Lease Term: One Year (f) Base Rent: $979.00/per month (g) Real Estate Taxes Landlord will be responsible for the payment of the and Operating real estate taxes for the Premises and the costs of Expenses: owning, operating, maintaining, and repairing the common areas of the Property. (h) Utilities: Tenant will be responsible for the payment of ALL utilities, including electricity, gas, water, cable, internet and other related expenses. (i) Permitted Use: The Premises shall be used only as a private dwelling and for no other purposes whatsoever. (j) Security Deposit: $979.00 (One Month Rent), previously deposited by Tenant and no additional security is needed for the 113 of 537 22-R-14 ~4~ renewal of the Lease. 2. PREMISES AND COMMERCIAL LEASE. Landlord owns the Property which is a mixed use building and Landlord does hereby lease and rent to Tenant, and Tenant does hereby lease, take and rent from Landlord one of the residential units, the “Premises”. The Premises is a two-bedroom unit. The Landlord will cause the halls, corridors, and other parts of the Property adjacent to the Premises to be lighted, cleaned and generally cared for, accidents and unavoidable delays excepted. No modifications, alterations, additions, installations, or renovations, except decorating, shall be undertaken by the Tenant without first obtaining the written permission from the Landlord, such approval not to be unreasonably withheld. Excluding damage by fire or other casualty and action of Landlord, Tenant shall pay for any and all damage to the interior of the Premises beyond normal wear and tear and shall do so within thirty (30) days of invoicing by the City. If Tenant does not pay said invoice, the Landlord may elect to make the repairs needed and apply the Security Deposit pledged by the Tenant to cover the costs. Landlord will deliver the Premises to Tenant no later than the Possession Date in “broom-clean” state with all systems functional and in good condition and repair, except as provided herein. 3. TERM. The term of this Lease (the ‘Term”) shall be for the following period: commencing on April 9, 2014 (the “Possession Date”) as defined in Section 1(d) and twelve months thereafter to March 31, 2015 (the “Expiration Date”). After the Lease is terminated, the Tenant shall leave the Premises in broom clean condition and shall turn over any and all keys to the City Manager or his or her designee. 4. RENT. Tenant agrees to pay Landlord or Landlord’s agent for the leasing of the Premises, the monthly base rent due under the terms of this Lease on the 1 st day of the month (the “Base Rent”) at the rate of Nine Hundred Seventy-Nine and no/100 Dollars ($979.00). The prorated rent for the month of April 2014 is Six Hundred Eighty-Five and 23/100 Dollars ($685.23). There will be no automatic renewal of the lease agreement, the parties must agree in writing to renew the agreement. 5. SECURITY DEPOSIT. Landlord shall retain the security deposit submitted by Tenant for previous lease term in the amount of Nine Hundred Seventy-Nine and no/100 Dollars ($979.00), the amount of one month’s rent and security for this lease term and no additional security is necessary. Said sum shall be held by Landlord as security for the performance of all terms, covenants and conditions of this Lease to be performed by Tenant. If Tenant defaults with respect to any provisions of this lease, Landlord may at its option apply all or any portion of such deposit to compensate Landlord for any loss or damage it may sustain. Landlord shall not be required to keep this security deposit separate from its general funds and Tenant shall not be entitled to any interest on such deposit. Tenant shall not use the security deposit as the last month’s rental payment. The Landlord shall itemize the deductions from the Security Deposit, if any. 6. PARKING AND BASEMENT. The Tenant shall be entitled to the use of one (1) parking spot in the back of the Property under this residential lease. Landlord will 114 of 537 22-R-14 ~5~ not be responsible for clearing the parking space and surrounding area free from snow and ice, this is the responsibility of the Tenant. Tenant shall not be provided a storage locker in the basement area. 7. NO LIENS. Tenant shall not permit to be created nor to remain un-discharged any lien, encumbrance or charge to become, a lien or encumbrance or charge upon the Premises by any of Tenant’s creditors or resulting from leasehold improvements. If any lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or Tenant’s contractor to work in the Premises shall be filed against the Premises, Tenant shall, within sixty (60) days after notice of the filing thereof, cause the same to be discharged of record by payment, deposit or bond or obtain title insurance over the same. In the event Tenant diligently contests any such claim of lien, Tenant agrees to indemnify, defend, and hold harmless Landlord from any and all reasonable out of pocket costs, liability and damages, including attorneys’ fees resulting therefrom, and, if requested, upon demand, Tenant agrees to immediately deposit with Landlord cash or surety bond in form and with a company reasonably satisfactory to Landlord in an amount equal to the amount of such contested claim. 8. TENANT INSURANCE OBLIGATIONS. The Tenant shall furnish copies of a certificate of renter’s insurance with the Landlord named as an additional insured with an insurance company acceptable to the Landlord for its renter’s insurance policy. 9. QUIET ENJOYMENT. Landlord hereby covenants and agrees that if Tenant shall perform all the covenants and agreements on Tenant’s part to be performed, Tenant shall at all times during the Term have the quiet enjoyment and possession of the Premises. Absent this statement, Tenant acknowledges and agrees that they are renting a residential space above a commercial business and the adjoining commercial building has outdoor patio seating which may impact Tenant’s quiet enjoyment. 10. CERTAIN RIGHTS RESERVED TO LANDLORD. In addition to those rights identified above, Landlord reserves the following rights: (a) to decorate, remodel, repair, alter or otherwise prepare the Premises for re-occupancy if Tenant should permanently vacate the Premises during or prio r to the last sixty (60) days of the Term or any part thereof; (b) to retain pass keys to the Premises; (c) to take any and all measures, including, without limitation, inspections, repairs, and alterations to all or any part of the Premises, as may be necessary or desirable for the safety, protection or preservation of the Premises or Landlord's Interests or as may be necessary or desirable in the operation of the commercial portions of the Premises; and Landlord may enter upon the Premises with reasonable notice to Tenant and may exercise any or all of the foregoing rights hereby reserved without being deemed guilty 115 of 537 22-R-14 ~6~ of an eviction or disturbance of Tenant’s use or possession and without being liable in any manner to Tenant. Landlord agrees that it shall not interfere with the Tenant's use and occupancy unless Landlord determines in its reasonable discretion that such interference is necessary. 11. DEFAULT REMEDIES. (a) Any one of the following events shall be deemed to be an event of default hereunder by Tenant subject to Tenant's right to cure: (1) Tenant shall fail to pay rent within five (5) days, at the time and place when and where due; (2) Tenant shall fail to maintain the insurance coverage as set forth herein; (3) Tenant shall fail to comply with any term, provision, condition or covenant of this Lease, other than the payment of Rent, and shall not cure, or commence the good faith cure of any such failure, within 30 days after written notice to the Tenant of such failure, provided that if such cure cannot be effected within 30 days, Tenant shall not be in default hereunder so long as Tenant commences such cure or has requested bids for such cure within 45 days and diligently pursues the completion and in good faith and Tenant does subsequently cure said default within 60 days; and (4) Tenant assigns this Lease or sublets the Premises to any other persons. (b) Upon the occurrence of any event of default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenants right to cure: (1) Terminate this Lease and in the event of such termination, Landlord may, at its option, declare the entire amount of the Rent which would become due and payable during the remainder of the Term to be due and payable immediately, in which event Tenant agrees to pay the same at once, together with all Rent theretofore due, provided, however, that such payments shall not constitute a penalty or forfeiture or liquidated damages, but shall merely constitute payment in advance of the Rent for the remainder of the Term. (2) Landlord may recover from Tenant upon demand all of Landlord's costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenant's obligations hereunder, subject to Landlord prevailing on its claims. (c) Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. 116 of 537 22-R-14 ~7~ 12. INDEMNITY. Tenant agrees that the mayor and council members, department and divisions officials, officers, agents, attorneys, and employees of the Landlord shall not be liable for any claim of any kind or in any amount for any injury to or death or persons or damage to property of Tenant or any other person. Tenant shall indemnify and hold Landlord harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury related to Tenant's negligence, gross negligence, or acts of intentional misconduct. In the event that Tenant is named as a defendant in any legal proceeding arising from any acts of gross negligence or intentionally wrongful acts of Landlord for any injury or any claimed damage occurring at the Premises, then Landlord shall indemnify and hold Tenant harmless from all liability whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed damage or injury provided that a) Landlord is named as a defendant in the legal proceeding; b) the claim arises from acts of gross negligence or intentional misconduct by the Landlord; c) Tenant’s own negligent act or intentional misconduct; and d) the claim is unrelated to Tenant's use and occupancy of the Premises. 13. LIABILITY FOR ACTS OR NEGLECT. If any damage to the Premises, or any part thereof, results from any. act or neglect of Tenant or its invitees or other guests, agents, customers, invitees or other guests of it’s customers, or employees, independent contractors, or the like, Tenant shall immediately repair the same; provided, however, that Landlord may, at its option, repair such damage and Tenant shall, upon demand by the Landlord, reimburse the Landlord forthwith for the total cost of such repairs. All personal property belonging to Tenant shall be at the sole risk of the Tenant and such other person only and the Landlord shall not be liable for damage, theft or misappropriation thereof. 14. DESTRUCTION OR CONDEMNATION. In the event of destruction of or damage to, the Premises by fire or other casualty, Landlord shall use the proceeds of its insurance to promptly rebuild and restore the Premises to their condition immediately prior to such destruction or damage. Landlord or Tenant may terminate this Lease and the Parties rights hereunder and the Parties shall be released of its obligations and this Lease shall cease and terminate as of the date the other Party receives written notice of such election, and neither party hereto shall have any further obligation to the other. If the whole or any part of the demised Premises shall be taken by any public authority under the power of eminent domain, the Lease term shall cease as of the day of possession shall be taken by such authority if such is of the entire demised Premises and any rents shall be prorated as of said date. 15. ATTORNEYS' FEES AND EXPENSES. If at any time during the Term of this Lease either Landlord or Tenant shall institute any action or proceeding against the other relating to the provisions of this Lease, or any default hereunder, each party to pay its own attorneys fees and costs. 117 of 537 22-R-14 ~8~ 16. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties with respect to the Premises and no representations or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of any obligation hereunder, and no custom or practice at variance with the terms hereof, shall constitute a waiver of Landlord's right to demand strict compliance with the terms hereof. Time is of the essence of this Lease, and of each term, condition and provision hereof. 17. HOLDING OVER. Upon termination of this Lease, by lapse of time or otherwise, Tenant shall surrender the Premises (and all keys thereto) in the same condition as at commencement of the Term, excepting only reasonable wear and tear and loss by insured casualty. If Tenant remains in possession after expiration of the Term, Tenant agrees to yield up immediate and peaceable possession to Landlord, and if failing to do so, in connection with the expiration of the Term or any termination hereof by the Parties, the Tenant shall pay the sum of one hundred and no/100 Dollars ($100.00) per day, for the time such possession is withheld. 18. SEVERABILITY. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall be determined to be invalid or unenforceable to any extent, neither the remainder of this Lease nor the application of such term, covenant or condition to any other person or circumstance shall be affected thereby, and each term, covenant or condition of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19. GOVERNING LAW AND TIME LIMITATION. This Lease shall be construed and enforced in accordance with the laws of the State of Illinois. All disputes relating to the interpretation and enforcement of the provisions of this Lease shall be resolved exclusively by the federal or state court located in Cook County, Illinois, and the parties hereto hereby submit to the jurisdiction and venue of the court for such purpose. 20. NOTICES. Notices sent to the Parties, should be mailed to the addresses set forth below. Mailed notices must be sent via certified mail, return receipt requested. Landlord: Tenant: City of Evanston Marcus T Yakhnis and Nicole M. Mickels Attn: City Manager 631 Howard Street, Unit 1 2100 Ridge Avenue Evanston, IL 60202 Evanston, IL 60201 118 of 537 22-R-14 ~9~ IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Lease to be effective on the last date executed by a party written below. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: _________________________________ Its: City Manager, Wally Bobkiewicz Dated: _____________________ Tenant: Marcus T Yakhnis Tenant: Nicole M. Mickels By: _______________________ By: ________________________ Dated: _____________________ Dated: _____________________ 119 of 537 For City Council meeting of April 8, 2014 Item A6 Resolution 13-R-14: Authorizing Chiaravalle License Agreement – Currey Park For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Marty Lyons, Assistant City Manager Subject: Resolution 13-R-14, Authorizing City Manager to Execute a License Agreement with Chiaravalle Montessori School for Use of Currey Park to locate Temporary Mobile Classrooms Date: March 26, 2014 Recommended Action: Staff recommends approval of Resolution 13-R-14 to authorize the City Manager to execute a license agreement with Chiaravalle Montessori School (“Chiaravalle”) for use of a portion of Currey Park to locate temporary mobile classrooms for a 10-month period. Funding Source: N/A Summary: Chiaravalle owns certain real property located at 425 Dempster Street, upon which it operates a private school (“School Property”) and Chiaravalle seeks to demolish the north part of the school facility and build an addition in its place (the “Project”). The City owns the abutting property to the School Property commonly known as Currey Park. In order to provide classroom instruction during construction period of the Project, Chiaravalle has requested permission to construct and occupy two mobile classrooms on a portion of Currey Park depicted in Exhibit A to the License Agreement; the period of occupation is 10 months. In consideration of the City permitting Chiaravalle to install the mobile classrooms and occupy a portion of Currey Park for its exclusive use during the aforementioned time period, Chiaravalle will pay the City a license fee of $12,250.00. Attachments: Resolution 13-R-14 License Agreement – Exhibit 1 Memorandum 120 of 537 3/25/2014 13-R-14 A RESOLUTION Authorizing the City Manager to Execute a License Agreement with Chiaravalle Montessori School for the use of City Park Property to locate Mobile Classrooms NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute the License Agreement attached hereto as Exhibit 1 , the terms are incorporated herein by reference , with the Chiaravalle Montessori School, an Illinois not-for-profit corporation, for the use of City park property commonly known as “Curr ey Park”, located at the corner of northeast corner Hinman Avenue and Dempster Street, for the purpose of constructing and occupying temporary mobile classrooms on the property from August 15, 2014 – June 15, 2015. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the License Agreement as he may determine to be in the best interests of the City. SECTION 3: That this Resolution 13-R-14 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor 121 of 537 13-R-14 ~2~ Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 122 of 537 13-R-14 ~3~ EXHIBIT 1 License Agreement 123 of 537 142337.5 LICENSE AGREEMENT THE LICENSE AGREEMENT (this “Agreement”) is made as of _____________, 2014, by and between The City of Evanston, a home rule unit of local government located in Cook County, Illinois (the “City”), and Chiaravalle Montessori School, an Illinois not-for-profit corporation (“Licensee”). R E C I T A L S: WHEREAS, the City is the owner of the property commonly known as Currey Park located at the northeast corner of Dempster Street and Hinman Avenue, Evanston, Illinois (the “City Property”); and WHEREAS, Licensee is the owner of that certain property commonly known as 425 Dempster Street, Evanston, Illinois and legally described on Exhibit A attached hereto and made a part hereof (the “School Property”) which is improved with a building owned and operated by Licensee as a private school known as Chiaravalle Montessori School (the “School”); and WHEREAS, intends to demolish a portion of the existing School building and construct a new addition (the “Project”); and WHEREAS, the City previously granted Licensee certain easements under, over and through the City Property in order to assist in the completion of the Project, solely for purposes of supporting construction on the Property, including staging, fence installation, and other temporary construction activities on limited areas of City Property; and WHEREAS, Licensee has requested permission to construct and occupy 2 mobile classrooms (the “Mobile Classrooms”) on that portion of the City Property shown cross hatched on Exhibit B, occupying a total square footage of 8,400, attached hereto and made a part hereof (the “Licensed Property”) for the purpose of relocating certain classroom and School activities during the construction of the Project. Such use by Licensee, including the right of ingress and egress to and from the Licensed Property, is referred to herein as the “Permitted Use”; and WHEREAS, pursuant to the terms of this Agreement, Licensee desires to enter onto the Licensed Property for purposes of performing the Permitted Use and the City is willing to grant Licensee a license to enter upon and use the Licensed Property for said purposes. NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged hereby, the City and Licensee agree as follows: 1. Grant of License. The City hereby grants the Licensee an exclusive license to enter upon and use the Licensed Property for the Permitted Use only upon the terms and conditions hereinafter set forth. Licensee and its contractors, agents, employees and invitees (collectively, “Licensee Related Parties”), shall have the right of reasonable ingress and egress to the Licensed Property for purposes of the Permitted Use only. Licensee agrees that its interest in the 124 of 537 2 Licensed Property shall be subject to all matters and conditions of record and to the terms and conditions of this Agreement. Exhibit B depicts the Licensed Property, which is a total of 8,400 square feet of City Property being utilized for the benefit of Licensee to locate the Mobile Classrooms. 2. Use. Licensee shall use the Licensed Property solely for the purpose of performing the Permitted Use. The Permitted Use shall be performed in accordance with all applicable laws, ordinances, rules and regulations. Licensee shall comply with and abide by the reasonable rules and regulations of the City with respect to the use of the Licensed Property, and shall cause the Licensee Related Parties to comply with the same. Licensee shall be responsible for any and all permit fees, survey fees, and installation and removal costs and expenses for the construction of the Mobile Classrooms. 3. Term. This Agreement will commence on August 15, 2014 terminate on the earliest to occur of (i) June 15, 2015 or (ii) demolition or removal of the Mobile Classrooms and all equipment associated thereto from the Licensed Property (the “Term”), unless sooner revoked or terminated as provided herein. 4. License Fee. In consideration of the City entering into this License Agreement and permitting Licensee to occupy City property during the Term, Licensee shall pay the City a one- time fee of Twelve Thousand Two Hundred Twenty-Five and no/100 Dollars ($12,250.00) ($1,225.00 per month, 10-month occupation at $1.75 per square foot, total square footage for Licensed Area at 8,400) (the “License Fee”). Licensee shall disburse payment of the License Fee to the City within 30 (thirty) days of execution of this License Agreement. If Licensee occupies City Property after expiration of the Term, the License Fee shall double and payable on a monthly basis on or before the first date of the month at the rate of Two Thousand Four Hundred Fifty and no/100 Dollars ($2,450.00). Licensee shall disburse payment of the elevated License Fee within 15 (fifteen) days of expiration of the Term until such time that the Mobile Classrooms have been removed or demolished. No prorations or reimbursements will be provided. 5. Maintenance and Utilities. Licensee shall be responsible during the Term, at its sole cost and expense, for the ongoing maintenance and upkeep of all or any portion of the Licensed Property used by Licensee or the Licensee Related Parties for the Permitted Use. Licensee shall also be responsible for payment of all utilities servicing the Licensed Property and the Mobile Classrooms. 6. Tree Preservation Permit. Licensee will not damage the existing trees or tree roots on the Licensed Property with the installation of its footings for the Mobile Classrooms. Licensee will obtain a tree preservation permit, if required by the Department of Public Works per City of Evanston Code of 2012, as amended. 7. Surrender. Upon the expiration of the Term, the Licensee shall, promptly remove all property and equipment owned by the Licensee and located upon the Licensed Property, including but not limited to the Mobile Classrooms. Licensee shall, at its sole cost and expense, repair or restore any of the Licensed Property in conformance with the drawings and specifications associated with the approved permit drawings for the Project which drawings and 125 of 537 3 specifications provide for the restoration of the Licensed Property to generally the same grade that existed prior to the Term. The City and Licensee acknowledge that the City will reconstruct Currey Park subsequent to the completion of the Project and that Licensee has contributed $200,000 to the City to be used toward the redevelopment of the public park and restoration and repair efforts are in addition to the $200,000 contribution. 8. Indemnification. Licensee shall defend, indemnify and hold harmless City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including without limitation costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Licensee or Licensee’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this License Agreement. Nothing contained herein shall be construed as prohibiting City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Licensee shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to City and employees and agents, including without limitation the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Licensee must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Licensee of any of its obligations under this License Agreement. Any settlement of any claim or suit related to activities conducted under this Project by Licensee must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. 9. Insurance. Licensee, at its sole cost and expense, shall maintain and keep in effect comprehensive commercial general liability insurance in the minimum amount of $2,000,000, covering, without limitation, any liability for personal injury, bodily injury (including, without limitation, death) and property damage arising out of Licensee’s and Licensee Related Parties’ acts, omissions and use of the City Property pursuant to this Agreement. All insurance policies shall be written with insurance companies licensed or authorized to do business in the State of Illinois and having a rate of not less than A- or better as published within the prior twelve months, or if none, the most recent edition of Best’s Key Rating Guide. All general liability policies of insurance required herein shall name the City as an additional insured. Licensee expressly agrees to waive its rights, benefits and entitlements under the “Other Insurance” clause of its commercial general liability insurance policy with respect to the City. In the event Licensee fails to purchase or procure insurance as required above, the parties expressly agree that Licensee shall be in default under this Agreement, and that the City may recover all losses, attorney’s fees and costs expended in pursuing a remedy, or reimbursement, at law or in equity, against Licensee. 126 of 537 4 10. Liens. Licensee shall pay in full for all repair, maintenance and other work performed by or on behalf of Licensee pursuant to the terms of this Agreement, and shall not permit any mechanics’ or other liens to attach to or be maintained against the Licensed Property. 11. Environmental. Licensee shall comply with all Environmental Laws (hereinafter defined) and shall not cause or permit any Hazardous Substances (hereinafter defined) to be brought, kept or stored on the City Property, and shall not engage in or permit any other person or entity to engage in any activity, operation or business on City Property that involves the generation, manufacture, refining, transportation, treatment, storage, handling or disposal of Hazardous Substances. In the event that any work performed by or on behalf of Licensee on or to the City Property exposes, uncovers or results in the presence of Hazardous Substances on the City Property (including presence in soils excavated in conjunction with the License), Licensee, at its sole cost and expense, shall be responsible for the remediation of such Hazardous Substances in accordance with Environmental Laws, except to the extent caused by City. As used in this License Agreement, “Hazardous Substances” means all hazardous or toxic materials, substances, pollutants, contaminants, or wastes currently identified as a hazardous substance or waste in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), as amended, the Superfund Amendments and Reauthorization Act (“SARA”), the Resource Conservation and Recovery Act (“RCRA”), or any other federal, state or local legislation or ordinances applicable to the Property. As used in this License Agreement, “Environmental Laws” means all federal, state and local environmental laws, rules, statutes, directives, binding written interpretations, binding written policies, ordinances and regulations issued by any governmental authority and in effect on or after the date of this License Agreement with respect to or that otherwise pertain to or affect the City Property, or any portion of the Property, the use, ownership, occupancy or operation of the City Property, or any portion of the Property, or any owner of the City Property, and as same have been amended, modified, or supplemented from time to time, including but not limited to CERCLA, the Hazardous Substances Transportation Act (49 U.S.C. § 1802 et seq.), RCRA, the Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Safe Drinking Water Act (42 U.S.C. § 300f et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. § 11001 et seq.), the Radon and Indoor Air Quality Research Act (42 U.S.C. § 7401 note, et seq.), SARA, comparable state and local laws, and any and all rules and regulations that are effective as of the date of this License Agreement, or become effective after the date of this License Agreement under any and all of the aforementioned laws. 12. Default. It shall be considered a “Default” under this License Agreement if Licensee fails to substantially comply with any provision of this License Agreement and does not cure such failure within 30 days after notice, except where the default cannot reasonably be cured in 30 days, in which case if Licensee has begun and continues efforts to remedy the default as soon as practicable, then such additional time shall be given to remedy the default. In the event of a Default and the Default has not been cured, the City may terminate this License Agreement by written notice to Licensee. Such termination right shall be in addition to all rights and remedies available to the City at law or in equity. 127 of 537 5 13. Covenants and Conditions. Licensee covenants, warrants and agrees that with respect to the activities contemplated under this License Agreement that: (i) no waste or damage shall be committed upon or to the City Property; (ii) the City Property shall be used for only the purposes set forth herein; (iv) Licensee shall keep the City Property in a clean and sanitary condition; and (v) Licensee shall not do or permit to be done anything upon the City Property that may subject City to any liability for injury or damage to person or property, or result in a violation of any local, state or federal laws or regulations. 14. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed properly served if delivered on the first day following delivery to an overnight courier service, on the third day after deposit in the U.S. Mail as registered or certified mail, return receipt requested, postage prepaid, and upon confirmation if delivered via telecopy, as follows: If to the City: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attention: City Manager With a copy to: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attention: Corporation Counsel If to Licensee: Chiaravalle Montessori School 425 Dempster Street Evanston, IL 60201 Attention: Head of School With a copy to: Chiaravalle Montessori School 425 Dempster Street Evanston, IL 60201 Attention: Director of Finance and Operations Or to such other person and addressed as either party hereto may hereafter designate in writing by notice to the other party given in accordance with this Section. 15. No Property Right. Licensee covenants and agrees that Licensee does not and shall not claim at any time any interest or estate of any kind or nature whatsoever in the Licensed Property by virtue of this Agreement or Licensee’s occupancy or use thereunder, nor shall Licensee be entitled to any of the Licensed Property. This instrument is not a lease or an easement. 128 of 537 6 16. Survival of Rights. The termination of this Agreement shall not affect any rights, claims or cause of action based, in whole or in part, on rights hereunder and/or events occurring prior to the termination, all of which shall survive the termination. 17. Remedies. In the event of any default under this Agreement, the non-defaulting party shall be entitled to specifically enforce the provisions of this Agreement and shall be entitled to all other remedies available at law or in equity. In any action or litigation between the parties hereto as a result of failure to perform or a default under this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees, court costs, and other costs as may be awarded by the court. 18. Governing Law. This Agreement and all rights conferred and obligations imposed hereunder shall be interpreted and construed in accordance with the laws of the State of Illinois. In the event of a dispute hereunder, the Parties agree to submit to the exclusive jurisdiction of the state courts of, and federal courts sitting in, Cook County, Illinois 19. Severability. If any provision of this Agreement shall be determined invalid, illegal or unenforceable, then the balance of this Agreement shall remain in full force and effect. 20. Binding Agreement; Assignment. The terms of this Agreement shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective successors and assigns. Licensee shall not assign its rights hereunder without the prior written consent of the City. 21. Waiver. Failure by any party hereto to enforce any provision of this Agreement in a timely manner or otherwise shall not be deemed a waiver of the right to enforce that provision, and any express waiver by either party of any breach of any provision of this Agreement shall not be deemed a waiver of any subsequent breach of that provision or any other provision. 22. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 129 of 537 7 IN WITNESS WHEREOF, the City and Licensee have executed this Agreement as of the last day and year first written below. THE CITY: City of Evanston, a home rule unit of local government located in Cook County, Illinois By: Name: Its: LICENSEE: Chiaravalle Montessori School, an Illinois not- for-profit corporation By: Name: Its: Date: ____________, 2014 Date: _____________, 2014 130 of 537 EXHIBIT A SCHOOL PROPERTY LOT 2 IN THE CHIARAVALLE SUBDIVISION, BEING A SUBDIVISION OF LOTS 10 THROUGH 15 IN BLOCK 37 OF EVANSTON IN THE SOUTH EAST ¼ OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 425 DEMPSTER STREET, EVANSTON, ILLINOIS 131 of 537 EXHIBIT B LICENSED PROPERTY 132 of 537 133 of 537 For City Council meeting of April 8, 2014 Item A7 Resolution 20-R-14: Authorizing Chiaravalle Easement Agreement – Currey Park For Action To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Marty Lyons, Assistant City Manager Subject: Resolution 20-R-14, Authorizing City Manager to Execute an Easement Agreement with Chiaravalle Montessori School Date: March 27, 2014 Recommended Action: Staff recommends approval of Resolution 20-R-14 to authorize the City Manager to execute an easement agreement with Chiaravalle Montessori School (“Chiaravalle”) to provide for easements for the benefit of Chiaravalle on and under the City’s park property commonly known as “Currey Park”. Funding Source: N/A Summary: In 2009, the City sold the property commonly known as 425 Dempster Street to Chiaravalle and retained the remainder of the property for the existing Currey Park. As part of the sale transaction, the parties executed a Declaration of Easements dated April 28, 2010 and recorded in the Office of the Cook County Recorder of Deeds on April 30, 2010 as Document Number 1012031063 (the “2010 Easement Agreement”). In the 2010 Easement Agreement the City granted certain easements under, over and through Currey Park for the benefit of Chiaravalle, including a construction easement and storm water easement for the anticipated future renovation to Chiaravalle. Chiaravalle is ready to commence demolition of a portion of the school facility and construct an addition in the same location as the old structure. The Declaration of Easements (the “New Easement Agreement”), which is the subject of this Resolution 20-R-14, fully describes the easements requested and each easement is depicted on Exhibits C – E. Chiaravalle requests two new easements (water easement and geothermal facility easement) and requests certain amendments to the easements granted in the 2010 Easement Agreement (storm water and construction easement). Exhibit F1 to the New Easement Agreement depicts the construction easement area with cross-hatch markings for the site from June 2014 – August 2014. Exhibit F2 to the New Easement Agreement depicts the construction easement area with cross-hatch markings for the site from August 2014 – August 1, 2015 after the mobile classrooms Memorandum 134 of 537 are installed. The mobile classrooms will be removed in June 2015 from the site; but construction easement area will remain the same until August 1, 2015 and the License Agreement, before you as part of Resolution 13-R-14, speaks to the terms and conditions of said license and the corresponding occupation period. Attachments: Resolution 20-R-14 Declaration of Easements – Exhibit 1 135 of 537 3/27/2014 20-R-14 A RESOLUTION Authorizing the City Manager to Execute an Easement Agreement with Chiaravalle Montessori School NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute the Declaration of Easements attached hereto as Exhibit 1, the terms are incorporated herein by reference, with the Chiaravalle Montessori School, an Illinois not-for-profit corporation, for the purpose of permitting certain utilities to be installed below the City’s park property commonly known as “Currey Park” and to further define the construction easement granted to Chiaravalle Montessori School . SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Easement Agreement as he may determine to be in the best interests of the City. SECTION 3: That this Resolution 20-R-14 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 136 of 537 20-R-14 ~2~ EXHIBIT 1 Declaration of Easements 137 of 537 138 of 537 139 of 537 140 of 537 141 of 537 142 of 537 143 of 537 144 of 537 145 of 537 146 of 537 147 of 537 148 of 537 149 of 537 150 of 537 151 of 537 152 of 537 153 of 537 154 of 537 155 of 537 156 of 537 157 of 537 158 of 537 For the City Council Meeting of April 8, 2014 Item A8 Ordinance 51-O-14: Chiaravalle Bonds For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Ordinance 51-O-14, Approving and Authorizing Revenue Bonds and Related Matters Thereto (Chiaravalle Conduit Financing) Date: April 1, 2014 Recommended Action: Staff recommends approval of the ordinance as introduced for purposes of final action on April 28, 2014. Funding Source: The City will not incur a liability to repay this debt in the event of a default by Chiaravalle. This debt does not appear in the City’s financial balance sheet, but does appear as a note in our financial statements. Section 2 of the Ordinance outlines the fact the bonds are not an indebtedness or obligation of the City, and no owner of the Bonds has the right to compel the City to tax for payment of the Bonds. Summary: Chiaravalle has requested the City act as the conduit financing authority for their debt issuance as a part of the expansion of their renovations origin ally started with the City’s initial conduit debt issuance in April 2010 and the original report to Council is attached for reference. The major purpose of this borrowing is to provide additional renovation funding for the School. We have worked with bond counsel to create the necessary bond ordinance, and are reviewing the required legal documents necessary for the issuance. The City is hiring Chapman and Cutler for this additional debt offering and is assessing a .25% interest rate charge on the issuance to cover the cost of our Bond Counsel. ------------------------------------------------------------------------------------- Attachments: Copy of Ordinance 51-O-14 Memo from Assistant City Manager/CFO 2014 Copy of April 13, 2010 Agenda Item for Chiaravalle Conduit Financing Memorandum 159 of 537 ORDINANCE NO. 51-O-14 AN ORDINANCE APPROVING AND AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $4,550,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE REFUNDING BONDS, SERIES 2014A (CHIARAVALLE MONTESSORI SCHOOL) AND $2,930,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS, SERIES 2014B (CHIARAVALLE MONTESSORI SCHOOL) OF THE CITY OF EVANSTON, ILLINOIS; THE EXECUTION OF A BOND AND LOAN AGREEMENT AND OTHER DOCUMENTS RELATED THERETO; AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF; AND RELATED MATTERS THERETO. WHEREAS, pursuant to the provisions of Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois, the City of Evanston, Illinois (the “City”), a municipality and home rule unit of the State of Illinois (the “State”), is authorized and empowered to exercise any power or perform any function pertaining to its government or affairs, including the issuance of revenue bonds to finance projects within the territorial limits of the City or to refund bonds issued to finance said projects, and may authorize the issuance of such revenue bonds by ordinance adopted by the City Council of the City. WHEREAS, Chiaravalle Montessori School, an Illinois not for profit corporation (the “Borrower”), has requested that the City Council of the City approve the issuance by the City of two series of qualified 501(c)(3) revenue bonds under Section 145 of the Internal Revenue Code of 1986, as amended (the “Code”), the proceeds of which bonds will be used, together with other available funds to (i) refund the City of Evanston Revenue Bonds, Series 2010 (Chiaravalle Montessori School Project) (the “Prior Bonds”), the proceeds of which were used to finance the acquisition of land at 425 Dempster Street and an existing school facility then owned by the City and previously leased and operated by the Borrower (the “School Facility”) as well as renovations and improvements to the School Facility, (ii) finance or refinance, or reimburse itself for, the cost of further renovation, exterior and interior expansion, improvement and equipping of the School Facility (collectively, the “Project”), (iii) fund certain working capital, and (iv) pay certain costs incurred in connection with the issuance of the Bonds and the refunding of the Prior Bonds (collectively, the “Financing Purposes”). WHEREAS, in 2010 when the City approved the issuance of Prior Bonds, the City designated the Prior Bonds as “qualified tax–exempt obligations” as defined in Section 265(b)(3)(B) of the Code WHEREAS, the City wishes to provide financing to the Borrower for the foregoing purposes through the issuance and sale of its Revenue Refunding Bonds, Series 2014 (Chiaravalle Montessori School) (the “Series 2014A Bonds) and its Revenue Bonds, Series 2014B (Chiaravalle Montessori School) (the “Series 2014B Bonds” and collectively with the Series 2014A Bonds, the “Bonds”) to be issued pursuant to a Bond and Loan Agreement (the “Loan Agreement”) by and among the City, the Borrower and MB Financial Bank, N.A., as the initial lender and purchaser of the Bonds (the “Purchaser”), and in accordance with this Ordinance authorizing the issuance of the Bonds. WHEREAS, the proposed form of the Loan Agreement has been prepared and is on file with the City Treasurer. 160 of 537 51-O-14 -2- WHEREAS, the financing of the Financing Purposes described above will be beneficial economically to the Borrower and will enable the Borrower to offer more of its services to the City’s residents thereby promoting the well being of the residents of the City and will enhance the quality of life of the residents of the City and therefore is for a proper public purpose; WHEREAS, the Bonds shall be special, limited obligations of the City, payable solely from the revenues and income pursuant to the Loan Agreement, and the Bonds shall not constitute an indebtedness or obligation of the City, the State or any political subdivision thereof or a loan of credit of any of them, within the meaning of any constitutional or statutory provision, or a charge against the general credit or taxing powers, if any of the City, the State or any political subdivision thereof; and no holder of any Bond shall have the right to compel any exercise of the taxing power of the City, the State or any political subdivision thereof, to pay the principal of the Bonds or the interest or premium, if any, thereon; WHEREAS, the Borrower has requested the City to sell the Bonds on a negotiated basis to the Purchaser; WHEREAS, pursuant to the provisions of Section 147(f) of the Code , a public hearing on the proposed plan of refunding the Prior Bonds and financing the Project and the issuance of the Bonds was held by the Mayor and the City Council on April 8, 2014, pursuant to notice published at least 14 days prior to such public hearing in the Chicago Sun-Times and The Evanston Review, each a newspaper of general circulation in the City, on March 18, 2014 and March 20, 2014, respectively; and WHEREAS, the funding of the Financing Purposes through the issuance of the Bonds and entering into the transactions contemplated by this Ordinance is for a proper public purpose of the City, pertains to the affairs of the City and is in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Evanston, Illinois, as follows: Section 1. All of the recitals contained in the preambles to this Ordinance are true, correct and complete and are hereby incorporated by reference thereto and are made a part hereof. Section 2. The Financing Purposes are hereby authorized and determined to be in the public interest and in furtherance of the public purposes of the City. In order to provide for the Financing Purposes, there shall be and there is hereby authorized to be issued by the City two series of bonds: (i) its Series 2014A Bonds to be dated the date of its issuance, in the aggregate principal amount not to exceed $4,550,000; and (ii), its Series 2014B Bonds in the maximum aggregate principal amount of $2,930,000 to be dated the dates of authentication thereof. The Bonds shall initially bear interest at variable interest rates determined as provided in the Loan Agreement; the Bonds shall be dated and executed in the manner set forth in the Loan Agreement; shall bear interest from their date on the unpaid principal thereof at rates not exceeding 15% per annum; shall mature no later than November 1, 2041; and shall be subject to redemption and tender prior to maturity at the times, under the circumstances, in the manner and at the redemption prices or purchase prices set forth in the Loan Agreement, as executed and delivered. The Bonds are issued in the exercise of the City’s powers as a home rule unit of government under the provisions of Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois and this Ordinance, and do not and shall never constitute an indebtedness or obligation of the 161 of 537 51-O-14 -3- City, the State or any political subdivision thereof or a loan of credit of any of them, within the meaning of any constitutional or statutory provision, or a charge against the general credit or taxing powers, if any, of the State, the City, or any other political subdivision thereof. The Bonds are special, limited obligations of the City, payable solely out of the revenues and income of the City derived pursuant to the Loan Agreement. No owner of the Bonds shall have the right to compel any exercise of the taxing power of the City, the State or any other political subdivision thereof, to pay the principal of the Bonds or the interest or premium, if any, thereon. No recourse shall be had for the payment of the principal of, premium, if any, or the interest on the Bonds or for any claim based thereon or upon any obligation, covenant or agreement in the Loan Agreement against any past, present or future member, officer, alderman, agent, employee or official of the City. No covenant, stipulation, promise, agreement or obligation contained in the Bonds, the Loan Agreement or any other document executed in connection therewith shall be deemed to be the covenant, stipulation, promise, agreement or obligation of any present or future official, officer, alderman, agent or employee of the City in his or her individual capacity and neither any official of the City nor any officers executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance of the Bonds. Section 3. The Bonds shall be executed on behalf of the City with the official manual or facsimile signature of the Mayor and attested with the official manual or facsimile signature of its City Clerk and shall have printed thereon a facsimile of its official seal or impressed thereon manually its official seal. In case any officer who shall have signed (whether manually or in facsimile) any of the Bonds shall cease to be such officer of the City before the Bonds have been delivered or sold, such Bonds with the signatures thereto affixed may nevertheless be delivered and may be sold by the City as though the person or persons who signed such Bonds had remained in office. Section 4. The form, terms and provisions of the Loan Agreement and the Tax Compliance Agreement dated the date of delivery of the Bonds (the “Tax Compliance Agreement”), between the City and the Borrower, are hereby in all respects approved, and the Mayor is hereby authorized, empowered and directed to execute and deliver the Loan Agreement and the Tax Compliance Agreement in the name and on behalf of the City. The Loan Agreement, as executed and delivered, shall be in substantially the form now on file with the City Treasurer and hereby approved, or with such changes therein as shall be approved by the officer of the City executing the same, and the Tax Compliance Agreement, as executed and delivered, shall be in substantially the form approved by Bond Counsel. Execution of the Loan Agreement and the Tax Compliance Agreement shall constitute conclusive evidence of such officer’s approval of any and all changes or revisions therein from the form of the Loan Agreement now before this meeting and of the approval of the Tax Compliance Agreement provided by Bond Counsel; and from and after the execution and delivery of the Loan Agreement and the Tax Compliance Agreement, the officers, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute and approve all such documents as may be necessary to carry out the intent and accomplish the purposes of this Ordinance and the Loan Agreement, including the approval of a mortgage or other security interests granted by the Borrower to secure the Bonds, and to comply with and make effective the provisions of the Loan Agreement and the Tax Compliance Agreement, as executed. Section 5. The sale of the Bonds to the Purchaser at a price equal to no less than 98% of the principal amount thereof, is hereby authorized and approved. Section 6. From and after the execution and delivery of the foregoing documents, the proper officials, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents, including a Letter of Representations with 162 of 537 51-O-14 -4- The Depository Trust Company, as may be necessary to carry out and comply with the provisions of said documents as executed, and to further the purposes and intent of this Ordinance, including the preambles hereto. Section 7. Pursuant to Section 265(b)(3)(D)(i) of the previously defined Code, the City may issue not more than $10,000,000 of bonds it designates as “qualified tax-exempt obligations”. In addition to bonds designated as “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(D)(i) of the Code, certain bonds may be “deemed” designated as “qualified tax-exempt obligations” if such bonds meet the requirements of Section 265(b)(3)(D)(ii) of the Code. For purposes of this Section, the term “tax-exempt obligations” includes “governmental use bonds” and “qualified 501(c)(3) bonds” (as defined in Section 145 of the Code) but does not include other “private activity bonds” (as defined in Section 141 of the Code). Since the proceeds of the Series 2014A Bonds are being used to currently refund the previously described Prior Bonds and the Series 2014A Bonds meet the other requirements of Section 265(b)(3)(D)(ii) of the Code, the Series 2014A Bonds are deemed designated as “qualified tax- exempt obligations” pursuant to Section 265(b)(3)(D)(ii) of the Code. Section 8. The Mayor and the City Council hereby acknowledge that a Public Hearing was held on April 8, 2014 and hereby approves the previously defined Project, the plan of financing, the previously defined Financing Purposes and the issuance of the Bonds. Section 9. All acts and doings of the officials of the City that are in conformity with the purposes and intent of this Ordinance and in furtherance of the issuance of the Bonds be, and the same are hereby in all respects, approved and confirmed. Section 10. The provisions of this Ordinance are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared by a court of competent jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity or enforceability of the remainder of the sections, phrases and provisions hereof. Section 11. All ordinances, orders and resolutions and parts thereof in conflict herewith are to the extent of such conflict hereby repealed. Section 12. A copy of this Ordinance shall be filed in the office of the City Clerk and shall be made available for public inspection in the manner required by law. Section 13. This Ordinance shall become effective upon its passage and approval. Approved and adopted this 28th day of April, 2014. Council member ____________ moved, seconded by Council member __________ that Ordinance No. _____ be adopted. ADOPTED this 28th day of April, 2014. Ayes: Nays: 163 of 537 51-O-14 -5- APPROVED this 28th day of April, 2014. Present: Absent: CITY OF EVANSTON, ILLINOIS By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: _______________________________ Corporation Counsel 164 of 537 To: Wally Bobkiewicz, City Manager From: Martin Lyons, Asst. City Manager/CFO Subject: Chiaravalle Conduit Re-Financing Proposal Date: March 25, 2014 Chiaravalle Montessori School at the corner of Hinman and Dempster is requesting the City of Evanston to act as a conduit for their bonds in a similar fashion as was done in 2010 at which time the City sold property to the School. This financing will be for a total amount of $7.48 million which includes two distinct parts: 1. $4.55 million of the new issue is dedicated to the refinancing of the original issue, and is therefore not new debt. 2. $2.93 of the new issue is for further construction and rehabilitation to the school and to provide underground stormwater detention and underground geo-thermal heating facilities. Under separate cover the Council is being provided additional information as follows: 1. Transmittal memo from Corporation Counsel Grant Farrar stating the bonds to be conduit debt and that no liability is incurred by the City for the issuance of this debt. 2. Ordinance 51-O-14 authorizing the sale of the bonds. City staff has conducted a neighborhood meeting to discuss all construction activities and subsequent impact to the neighborhood. Members of the Public Works Department, Community Development, Utilities, and Parks Recreation and Community Services will be available to discuss any questions regarding the construction project. Chiaravalle members including Bonnie Shinn Masiana, Director of Finance and Operations will also be in attendance at the April 8, 2014 Council Meeting. Memorandum 165 of 537 For the City Council Meeting of April 13, 2010 Item A5 Ordinance 26-O-10 For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: An Ordinance Approving and Authorizing Revenue Bonds and Related Matters Thereto (Chiaravalle Conduit Financing) Date: April 1, 2010 Recommended Action: Staff recommends approval of the ordinance as introduced for purposes of final action on April 26, 2010. Funding Source: The City will not incur a liability to repay this debt in the event of a default by Chiaravalle. This debt does not appear in the City’s financial balance sheet, but does appear as a note in our financial statements. Section 2 of the Ordinance outlines the the fact the bonds are not an indebtedness or obligation of the City, and no owner of the Bonds has the right to compel the City to tax for payment of the Bonds. Summary: Chiaravalle has requested the City act as the conduit financing authority for their debt issuance. The major purpose of this borrowing is to pay the City the $2.1 million owed for the purchase of the Chiaravalle property, which will permit the City to receive all of its funds from the purchase immediately, as compared to a four-year payment schedule. We have worked with bond counsel to create the necessary bond ordinance, and are reviewing the required legal documents necessary for the issuance. The City has incurred no costs as a part of the issue other than our time in reviewing documents. ------------------------------------------------------------------------------------- Attachments: Copy of Ordinance 26-O-10 Memo from Asst. City Manager Memo from Northern Trust Memorandum 166 of 537 1/4/2010 ORDINANCE NO. 26-O-10 AN ORDINANCE APPROVING AND AUTHORIZING THE ISSUANCE AND SALE OF NOT TO EXCEED $5,500,000 AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS, SERIES 2010 (CHIARAVALLE MONTESSORI SCHOOL) OF THE CITY OF EVANSTON, ILLINOIS; THE EXECUTION OF A LOAN AGREEMENT AND OTHER DOCUMENTS RELATED THERETO; AUTHORIZING THE SALE OF SAID BONDS TO THE PURCHASER THEREOF; AND RELATED MATTERS THERETO. WHEREAS, pursuant to the provisions of Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois, the City of Evanston, a municipality and home rule unit of the State of Illinois (the “City”), is authorized and empowered to exercise any power or perform any function pertaining to its government or affairs, including the issuance of revenue bonds to finance projects within the territorial limits of the City or to refund bonds issued to finance said projects, and may authorize the issuance of such bonds by ordinance of the City; and WHEREAS, Chiaravalle Montessori School, an Illinois not for profit corporation (the “Borrower”), has requested that the City Council of the City approve the issuance by the City of qualified 501(c)(3) revenue bonds under Section 145 of the Internal Revenue Code of 1986, as amended (the “Code”), the proceeds of which bonds will be used, together with other available funds to (i) refund the Illinois Development Finance Authority Adjustable Rate Revenue Bonds, Series 1998 (Chiaravalle Montessori School Project) (the “Prior Bonds”), the proceeds of which were used to finance the renovation, interior expansion and improvement of an existing school facility owned by the City and leased and operated by the Borrower (the “School Facility”); (ii) finance or refinance, or reimburse the Borrower for, the costs of the acquisition of land at 425 Dempster Street in Evanston, Illinois and the School Facility located thereon and the further renovation, improvement and equipping of the School Facility (collectively, the “Project”); (iii) fund certain working capital; and (iv) pay certain costs incurred in connection with the issuance of the Bonds and the refunding of the Prior Bonds (collectively, the “Financing Purposes”); and WHEREAS, the City wishes to provide financing to the Borrower for the foregoing purposes through the issuance and sale of its Revenue Bonds, Series 2010 (Chiaravalle Montessori School) (the “Bonds”) pursuant to a Loan Agreement (the “Loan Agreement”) by and among the City, the Borrower and The Northern Trust Company, as the initial lender and purchaser of the Bonds (the “Lender”), and in accordance with this Ordinance authorizing the Bonds; and 167 of 537 26-O-10 WHEREAS, the financing of the Project will be beneficial economically to the Borrower and will enable the Borrower to offer more of its services to the City’s residents thereby promoting the well being of the residents of the City and will enhance the quality of life of the residents of the City and therefore is for a proper public purpose; and WHEREAS, the proposed form of the Loan Agreement has been prepared and presented to this meeting; and WHEREAS, the Bonds shall be limited obligations of the City, payable solely from the revenues and income pursuant to the Loan Agreement, and the Bonds shall not constitute an indebtedness of the City within the meaning of any constitutional or statutory provision; and no holder of any Bond shall have the right to compel any exercise of the taxing power of the City to pay the principal of the Bonds or the interest or premium, if any, thereon; and WHEREAS, the Borrower has requested the City to sell the Bonds on a negotiated basis to the Lender; and WHEREAS, pursuant to the provisions of Section 147(f) of the Internal Revenue Code of 1986, as amended, (the “Code”) a public hearing on the proposed plan of refunding the Prior Bonds and financing the Project and the issuance of the Bonds was held by the Mayor and the City Council on April 26, 2010, pursuant to notice published at least fourteen (14) days prior to such public hearing in The Evanston Review, a newspaper of general circulation in the City, on April 8, 2010; and WHEREAS, the funding of the Financing Purposes through the issuance of the Bonds and entering into the transactions contemplated by this Ordinance is for a proper public purpose of the City, pertains to the affairs of the City and is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, ILLINOIS, AS FOLLOWS: Section 1: All of the recitals contained in the preambles to this Ordinance are true, correct and complete, and are hereby incorporated by reference thereto and are made a part hereof. Section 2: The Financing Purposes are hereby authorized and determined to be in the public interest and in furtherance of the public purposes of the City. In order to provide for the Financing Purposes, there shall be and there is hereby authorized to be issued by the City its Revenue Bonds, Series 2010 (Chiaravalle Montessori School), in the aggregate principal amount not to exceed five million, five hundred thousand dollars ($5,500,000), dated the date of issuance thereof. The Bonds shall initially bear interest at variable interest rates determined as provided in the Loan Agreement; the Bonds shall be dated and executed in the manner set forth in the Loan Agreement; shall bear interest from their date on the -2- 168 of 537 26-O-10 unpaid principal thereof at rates not exceeding twenty percent (20%) per annum; shall mature no later than April 1, 2041; and shall be subject to redemption and tender prior to maturity at the times, under the circumstances, in the manner and at the redemption prices or purchase prices set forth in the Loan Agreement, as executed and delivered. The Bonds are issued in the exercise of the City’s powers as a home rule unit of government under the provisions of Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois and this Ordinance. The Bonds do not and shall never constitute an indebtedness or obligation of the City, the State or any political subdivision thereof within the purview of any constitutional limitation or statutory provision, or a charge against the credit or general taxing powers, if any, of the State, the City, or any other political subdivision thereof. The Bonds are special, limited obligations of the City, payable solely out of the revenues and income of the City derived pursuant to the Loan Agreement. No owner of the Bonds shall have the right to compel any exercise of the taxing power of the City, the State or any other political subdivision thereof to pay the Bonds or the interest or premium, if any, thereon. No recourse shall be had for the payment of the principal of, premium, if any, or the interest on the Bonds or for any claim based thereon or upon any obligation, covenant or agreement in the Loan Agreement against any past, present or future member, officer, alderman, agent, employee or official of the City. No covenant, stipulation, promise, agreement or obligation contained in the Bonds, the Loan Agreement or any other document executed in connection therewith shall be deemed to be the covenant, stipulation, promise, agreement or obligation of any present or future official, officer, alderman, agent or employee of the City in his or her individual capacity and neither any official of the City nor any officers executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance of the Bonds. Section 3: The Bonds shall be executed on behalf of the City with the official manual or facsimile signatures of the Mayor and attested with the official manual or facsimile signature of its City Clerk and shall have printed thereon a facsimile of its corporate seal or impressed thereon manually its corporate seal. In case any officer who shall have signed (whether manually or in facsimile) any of the Bonds shall cease to be such officer of the City before the Bonds have been delivered or sold, such Bonds with the signatures thereto affixed may nevertheless be delivered and may be sold by the City as though the person or persons who signed such Bonds had remained in office. Section 4: The form, terms and provisions of the Loan Agreement and the Tax Compliance Agreement dated the date of delivery of the Bonds (the “Tax Compliance Agreement”), between the City and the Borrower are hereby in all respects approved, and the Mayor is hereby authorized, empowered and directed to execute and deliver the Loan Agreement and the Tax Compliance Agreement in the name and on behalf of the City. The Loan Agreement, as executed and delivered, shall be in substantially the form now before this meeting and hereby approved, or with such changes therein as shall be approved by the officer of the City executing the same, and -3- 169 of 537 26-O-10 the Tax Compliance Agreement, as executed and delivered, shall be in substantially the form approved by Bond Counsel. Execution of the Loan Agreement and the Tax Compliance Agreement constitute conclusive evidence of such officer’s approval of any and all changes or revisions therein from the form of the Loan Agreement now before this meeting and of the approval of the Tax Compliance Agreement provided by Bond Counsel; and from and after the execution and delivery of the Loan Agreement and the Tax Compliance Agreement, the officers, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute and approve all such documents as may be necessary to carry out the intent and accomplish the purposes of this Ordinance and the Loan Agreement, including the approval of a mortgage or other security interests granted by the Borrower to secure the Bonds, and to comply with and make effective the provisions of the Loan Agreement and the Tax Compliance Agreement, as executed. Section 5: The sale of the Bonds to the Lender at a price equal to no less than ninety-eight percent (98%) of the principal amount thereof, is hereby authorized and approved. Section 6: From and after the execution and delivery of the foregoing documents, the proper officials, agents and employees of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents, including a Letter of Representations with The Depository Trust Company, as may be necessary to carry out and comply with the provisions of said documents as executed, and to further the purposes and intent of this Ordinance, including the preambles hereto. Section 7: The City hereby designates the Bonds as “qualified tax- exempt obligations” as defined in Section 265(b)(3)(B) of the Internal Revenue Code of 1986 (the “Code”). The City represents that the reasonably anticipated amount of tax- exempt obligations that are required to be taken into account for the purposes of Section 265(b)(3)(C) of the Code and that will be issued by or on behalf of the Borrower and all subordinate entities of the Borrower during 2010 does not exceed thirty million dollars ($30,000,000). The City covenants that it will not designate and issue on behalf of the Borrower and such subordinate entities more than thirty million dollars ($30,000,000) aggregate principal amount of tax-exempt obligations in 2010. For purposes of the two preceding sentences, the term “tax-exempt obligations” includes “qualified 501(c)(3) bonds” (as defined in Section 145 of the Code) but does not include other “private activity bonds” (as defined in Section 141 of Code). Section 8: The Mayor and the City Council hereby acknowledge that a Public Hearing was held on April 26, 2010 and hereby approves the Project, the plan of financing, and the Financing Purposes. Section 9: All acts and doings of the officials of the City that are in conformity with the purposes and intent of this Ordinance and in furtherance of the issuance of the Bonds be, and the same are hereby in all respects, approved and -4- 60792557_2_209097_00002 170 of 537 26-O-10 -5- confirmed. The City hereby covenants that it will take no action or fail to take any action that would cause the Bonds to become invalid. Section 10: The provisions of this Ordinance are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared by a court of competent jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity or enforceability of the remainder of the sections, phrases and provisions hereof. Section 11: All ordinances, orders and resolutions and parts thereof in conflict herewith are to the extent of such conflict hereby repealed. Section 12: A copy of this Ordinance shall be filed in the office of the City Clerk and shall be made available for public inspection in the manner required by law. Section 13: This Ordinance 26-O-10 shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Passed and adopted this 26th day of April, 2010, by roll call vote as follows: Ayes: ____________ Nays: ____________ Introduced:_________________, 2010 Adopted:___________________, 2010 Approved: __________________________, 2010 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 171 of 537 To: Wally Bobkiewicz, City Manager From: Martin Lyons, Asst. City Manager Subject: Chiaravalle Conduit Financing Proposal Date: March 25, 2010 Please find attached a communication from Northern Trust Bank, representing the Chiaravalle Montessori School. As a part of Chiaravalle’s remodeling/construction plan previously approved by the City, they will be borrowing funds to pay land purchase and construction costs. As noted in the attached memo, Chiaravalle has requested the City act as the conduit financing authority for their debt issuance. Cities have historically acted as a conduit financing agent through the use if Industrial Revenue Bond authority. In more recent years this authority is more often used for economic development purposes beyond industrial categories. The City will not incur a liability to repay this debt in the event of a default by Chiaravalle. This debt does not appear in the City’s financial balance sheet, but does appear as a note in our financial statements. Chiaravalle is responsible for providing bond counsel to create the necessary bond ordinance and legal documents necessary for the issuance, and the City will incur no costs as a part of the issue other than our time in reviewing documents. Normally, a City could consider a charge to the entity requesting financing. This can take the form of a certain percent (1/4%) of the annual interest rate cost, which is then used to cover City costs. However, since one of the major purposes of this borrowing is to pay the City the $2.1 million owed for the purchase of the Chiaravalle property the City will now be able to receive all of our funds from the purchase immediately compared to the four year payment schedule. Assuming a 1% interest income rate on these funds, would mean that the City will benefit by approximately $30,000 to $40,000 if we retain the funds. Alternatively, we would have these funds available for immediate use to cover critical capital costs. If these funds were used to offset bond issue proceeds, at 4.0% on $1.9 million ($1.9 million is used because $200,000 needs to be reserved for park restoration after construction per the agreement) for one year, we would save $76,000. Staff is not suggesting any particular utilization of these funds received through this process, and is only pointing out the benefits to the City of proceeding with the conduit financing. This item is scheduled to come before the A&PW Committee for introduction on April 13, 2010. Please contact me with any questions. Memorandum 172 of 537 To: City Council, City of Evanston From: Allan Ambrose, Senior Vice President (312) 557-0945 Christopher Shih, Vice President (312) 444-5660 Re: Chiaravalle Montessori School’s Request to use the City of Evanston as a Conduit Issuer Request: Chiaravalle Montessori School (“Chiaravalle”) will be issuing tax-exempt bank qualified bonds. As a 501(c)(3) not-for-profit entity, they will need to issue bonds through a conduit issuer. Chiaravalle is requesting approval by the City of Evanston (the “City”) to serve as the Conduit Issuer in Chiaravalle’s upcoming bond financing. The bonds shall be limited obligations of the City, payable solely from revenues of Chiaravalle and shall not constitute and indebtedness of the City. About Chiaravalle Chiaravalle is a Montessori school servicing 348 students, ages 6 months through 14 years old, in Evanston, IL. The student population is predominantly from the Evanston area (65%), and many children commute from Chicago’s North Side, Wilmette, Skokie and other suburbs. The School signed a 45 year lease in 1998 with the City (25 year lease with two ten year renewal options). Chiaravalle will be buying the property that the school currently leases from the City through a 4-year contract with payments paid annually. Project Description The total bond issuance size will not exceed $5,500,000. The use of proceeds include: x $1.9 million to purchase property from the City; x $200,000 donation to the City for improvements to Currey Park; x $1.5 million in improvements the second and third floors of the building; x $1.3 million in refinancing existing bonds; x $500,000 miscellaneous costs; x $100,000 costs of issuance. Background: The American Reinvestment Recovery Act introduced several changes into the municipal market place and specifically the bank qualification rules. The changes include: x Increase qualified small issuer limit to $30 million from $10 million for bonds issued in 2009 and 2010; x Treats a 501(c)(3) borrower as the “issuer” in the issuance of bank qualified debt during calendar years 2009 and 2010. Chiaravalle Montessori School Page 1 of 2 173 of 537 Chiaravalle Montessori School Page 2 of 2 These changes allow large issuers, such as the City, to act as the conduit issuer to small 501(c)(3) entities, such as Chiaravalle, without limiting the City’s own capacity to issue bank qualified debt on its own behalf or for other 501(c)(3) entities. The changes also allow Chiaravalle to benefit from a lower cost of borrowing through the bank qualified structure. Roles and Responsibilities of the Conduit Issuer As Conduit Issuer, the bond documents will clearly state that the City has no obligation regarding the payment of debt service to the bond holders. The City will not need to undergo a ratings process. As Conduit Issuer, the City will need to hold a TEFRA hearing, which is a public forum to discuss any issues with the proposed financing. In addition, the City would have to pass a ordinance to issue the bonds. Chiaravalle is looking to close the Bond issue by the end of April. That would set up the following timeline for the City: April 13 – Initial reading of bond documents to City Council April 26 – TEFRA Hearing (prior to start of City Council meeting) April 26 – Formal approval to serve as Conduit Issuer All costs, including legal, incurred by the City related to the Chiaravalle financing will be the responsibility of Chiaravalle. Benefits to the City of Evanston By agreeing to serve as Conduit Issuer, the City will: x Be able to receive the full purchase price of the land upfront ($1.9 million) versus over a four year period of time; x Facilitate the $200,000 donation to the City from Chiaravalle for improvements to Currey Park; x Strengthen its partnership with Chiaravalle. 174 of 537 For the City Council Meeting of May 10, 2010 Item # For City Council Meeting of April 8, 2014 Item A9 Ordinance 41-O-14: 4-Way Stop at Broadway Avenue and Jenks Street For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: Suzette Robinson, Director of Public Works Homayoon Pirooz, P.E., Assistant Director of Public Works Rajeev Dahal, Senior Traffic Engineer Subject: Ordinance 41-O-14 Amending the City Code to Establish a 4-Way Stop Control at the Intersection of Broadway Avenue and Jenks Street Date: March 12, 2014 Recommended Action: Staff recommends adoption of Ordinance 41-O-14 by which the City Council would amend Section 10-11-5(D), Schedule V(D) of the City Code to establish a 4-Way Stop Control at the intersection of Broadway Avenue and Jenks Street. Funding Source: Funding will be through the General Fund-Traffic Control Supplies (2670.65115), with a budget of $40,000 for FY 2014. Summary: The 7th Ward Alderman, Jane Grover, has requested a 4-Way Stop Control at the intersection of Broadway Avenue and Jenks Street to improve the operational and the safety concerns expressed by neighborhood residents. This intersection does not meet the Manual of Uniform Traffic Control Devices (MUTCD) warrants for a 4-Way Stop Control intersection. Currently, Jenks Street automobile traffic is controlled by the stop signs at the intersection, and Broadway Avenue traffic has free flow. A Metra Station is located two blocks to the south. There is a fair amount of pedestrian traffic through the intersection from Kingsley Elementary and Haven Middle schools, and McCulloch Park to the east and Torgerson Park to the west. We expect the new 4-Way Stop Control at the intersection to break the free flow of the traffic on Broadway and to provide a safer street crossing for the school children and all other pedestrians in the area. Attachment: Ordinance 41-O-14 Memorandum 175 of 537 03/19/14 41-O-14 AN ORDINANCE Amending City Code Section 10-11-5(D), Schedule V (D), “Four-Way Stops” To Include Portions of Broadway Avenue and Jenks Street NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Section 10-11-5(D), Schedule V (D), of the Evanston City Code of 2012, as amended, is hereby further amended by adding the following: N. & S. and E. & W. traffic at Broadway Avenue and Jenks Street SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Complied Statues and the courts of the State of Illinois. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this Ordinance 41-O-14 or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance 41- O-14 that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance 41-O-14 is severable. SECTION 5: This Ordinance 41-O-14 shall be in full force and effect 176 of 537 ~2~ from and after its passage, approval and publication in the manner provided by law. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene City Clerk Approved as to form: ______________________________ Grant Farrar Corporation Counsel 177 of 537 For City Council meeting of April 8, 2014 Item A10 Ordinance 42-O-14: Amending Class P-1 Liquor License For Introduction To: Honorable Mayor and Members of the City Council Administration and Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Approval of Ordinance 42-O-14, Amending Class P-1 Liquor License Date: April 8, 2014 Recommended Action: Local Liquor Commissioner recommends City Council adoption of Ordinance 42-O-14. Funding Source: n/a Summary: The City of Evanston’s (“City”) Class P-1 liquor license is the craft brewery license. Several different licensees and license applicants will be operating in the City. Each licensee has different business models regarding product sampling or sale in their taprooms. The requirements of food service are more clearly defined in this Code amendment in order to match the scale of food service required, to the amount of craft beer offered for sampling and sold for on-site tasting. Legislative History: The Local Liquor Control Board discussed the issues regarding food service in craft brewery taprooms at several meetings. At the most recent meeting, the Mayor and the Board directed staff to develop a bifurcated approach to regulating food service at P-1 establishments. This approach speaks to the distinct business models, one which is limited to product sampling, versus one which provides product sale. The proposed ordinance amendments follow language found in the Illinois Liquor Control Act, and also resembles language found in similarly situated municipalities such as Naperville. Attachment: Ordinance 42-O-14 Liquor Control Review Board Minutes – March 20, 2014 Memorandum 178 of 537 3/20/2014 42-O-14 AN ORDINANCE Amending Subsection 3-4-6-(P-1) Regarding Food Service and Product Sampling in Craft Brewery Taprooms NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(P-1) of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: (P-1) CRAFT BREWERY license shall authorize the on-site production and storage of craft beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or 30,000 barrels) per year and the sale of such beer for consumption off-premises. It also authorizes and on-site sampling and retail sale for consumption of such beer by persons of at least twenty-one (21) years of age. Sale of beer manufactured outside the facility is prohibited. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-1 licensee to sell a single container of beer for off-premises consumption unless the volume of the container is greater than forty (40) ounces or 1.18 liters. 2. Class P-1 licensees who offer craft beer product sampling only, may dDuring authorized hours of business, Class P-1 licensees may offer for on-site consumption samples of beer permitted to be produced and sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two (2) fluid ounces, to any customer in one (1) day. Licensees who limit activity to sampling only, as specified herein, shall provide limited food service such as cheese, crackers, snack food or other similar deli-style items to customers who are sampling craft beer. 3. Class P-1 licensees who offer servings of beer for retail sale on the licensed premises, in addition to product sampling, may dDuring authorized hours of business, Class P-1 licensees may offer for on-site 179 of 537 42-O-14 ~2~ consumption servings of beer permitted to be produced and sold pursuant to this classification. No more than three (3) craft beer servings shall be sold to any customer in one (1) day and each serving shall be limited to either:  By the glass, having a capacity of not more than sixteen (16) ounces;  By the bottle having, a capacity of not more than twelve (12) ounces; or  By the flight, having not more than four (4) glasses with each glass not having more than four (4) ounces. Licensees who offer servings of beer for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a craft beer serving(s). Licensees may arrange for the presence and operation of a mobile food vehicle on or adjacent to the licensed premises during authorized hours of business to serve food to customers. Only mobile food vehicle vendors licensed pursuant to Title 8, Chapter 23 of the City Code shall be allowed to be present and operate. Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. The limits on product sampling as specified in subsection 3-4-6(P-1)(2) shall also apply to licensees offering servings of beer for retail sale. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two (2) fluid ounces, to any person in a day. Licensees may sell for on-site consumption samples of the beer permitted to be produced and sold pursuant to this classification, provided the total quantity of the sampling package, regardless of the number of containers in which the beer is being served, does not exceed sixteen (16) fluid ounces. 43. Class P-1 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. All persons who sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class P-1 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to either sampling or retail sale for on-site consumption. The licensee is strictly liable for complying with all 180 of 537 42-O-14 ~3~ provisions regarding food service. Craft beer shall be sold and dispensed only in containers provided by the licensee. Craft beer servings for consumption on premises shall be dispensed in containers no larger than sixteen (16) ounces. Craft beer sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises or consumed on the licensed premises other than the craft beer sold at retail or offered for sampling. 54. It shall be unlawful for the holder of a Class P-1 license to provide a sample of or sell any beer before the hours of 10:00 a.m. or after the hour of 10:00 p.m. on any Monday, Tuesday, Wednesday or Thursday; before the hour or 10:00 a.m. or after the hour of 11:00 p.m. on any Friday or Saturday; and before the hour of 12:00 p.m. and after the hour of 10:00 p.m. on any Sunday. 65. Every Class P-1 licensee must have a valid Class 3 Brewer's License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of beer manufactured on the premises and the total gallonage of beer manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 76. Every employee of a Class P-1 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than one (1) such licenses shall be in force at any one (1) time. SECTION 2: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 3: All ordinances or parts of ordinances in conflict herewith are 181 of 537 42-O-14 ~4~ 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. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene City Clerk Approved as to form: ______________________________ W. Grant Farrar Corporation Counsel 182 of 537 Page 1 of 3 MEETING MINUTES Liquor Control Board Thursday, March 20, 2014 11:00 a.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Room 2750 Members Present: Mayor Elizabeth Tisdahl, Marion Macbeth, Dick Peach, Dave Skrodzki, Byron Wilson Members Absent: None Staff Present: W. Grant Farrar, Theresa Whittington Others Present: Cesar Marron (Sketchbook); Shawn Decker (Sketchbook); Marco Ferrarini (La Macchina); Anne Carlson (Ward Eight) Presiding Member: Local Liquor Control Commissioner Elizabeth Tisdahl/Mayor CALL TO ORDER The Local Liquor Control Commissioner Elizabeth Tisdahl called the meeting to order at 11:05 a.m. All attendees introduced themselves and specified his/her role related to the meeting. NEW BUSINESS Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago Avenue, Suite E2, Evanston, IL 60201: Sketchbook requested consideration of application for issuance of a Class P-1 Liquor License (Craft Brewery). Shawn Decker, co-owner of Sketchbook, described the business as a nano-brewery focused on local sales. Beer will be sold in growlers for off-site consumption. Patrons would be allowed small 2 fl. Oz. tastings of beer to assist their purchasing decisions. Sketchbook will promote sustainability by keeping sales local and packaging beer in reusable glass containers. Cesar Marron (co-owner) emphasized community involvement by seeking input from local residents and restaurants regarding recipes and flavors. Mayor Tisdahl asked Grant Farrar to address food requirements related to alcohol sampling. Mr. Farrar inquired if Sketchbook had intentions of selling samples larger than 2 fl. oz. Mr. Marron responded that they did not and that they plan to abide by the limit of three (3) free 2 fl. oz. tasting samples. Mr. Farrar responded that any plan to sell samples in greater volumes in the future would require a larger offering of food. Mayor Tisdahl expressed a desire for a clear definition of the food requirements to promote consistency for all P-1 licensees. Mr. Farrar proposed a two-tier approach to sampling and food requirements. Tier one would consist of licensees offering no more than three (2) free 2 oz. samples. Tier two would consist of licensees offering the sale of 183 of 537 Page 2 of 3 samples in volumes greater than six (6) fl. oz. and will require greater food offerings and possibly require a kitchen. The final details of the two-tier approach will be worked out and introduced at a future City Council meeting. Mayor Tisdahl expressed approval of the two-tier approach to the food requirement. Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. No concerns were voiced. The board recommended issuing a Class P-1 Liquor License to be introduced at the City Council meeting on April 8, 2014. DMK Ventures – Noyes Street, LLC d/b/a DMK Burger Bar, 815 Noyes Street, Evanston IL 60202: DMK requested consideration of application for issuance of a Class D Liquor License (Liquor/Restaurant). Representatives of DMK burger were not present at the meeting. This item will be placed on the agenda of a subsequent meeting. La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue, Evanston, IL 60201: La Macchina requested consideration of application for change of liquor class from Class C (Hotel/Restaurant; Core area 2am) to Class C-1 Liquor License (Hotel/Restaurant; Core area 3am). Mayor Tisdahl asked Mr. Ferrarini (owner) if he has discussed his desire to remain open until 3 a.m. on weekends with his Alderman (Judy Fiske). Mr. Ferrarini replied that he has not had any such discussion with Alderman Fiske. Mayor Tisdahl advised Mr. Ferrarini to discuss his request with the local Alderman as an extension of his hours might have an impact on residents in the area. Mr. Ferrarini explained that his restaurant has been very successful and has received much positive exposure in Evanston media outlets. During the weekends he has to force clients out at 2 a.m. and many of them go across the street to a neighboring establishment that is open until 3 a.m. He feels a class C-1 will make him more competitive and provide more options for his customers. Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. The Mayor reiterated her desire that Mr. Ferrarini discuss his request with Alderman Fiske in advance of the City Council meeting. The board recommended issuing a Class C-1 Liquor License to be introduced at the City Council meeting on April 8, 2014. Ward Eight LLC d/b/a Ward Eight, 629 Howard Street, Evanston, IL 60202: Ward Eight requested consideration of application for change of liquor class from Class I (Restaurant/Package Store) to Class D Liquor License (Liquor/Restaurant). Anne Carlson (owner) explained to the board that Ward Eight’s original business plan included the sale of packaged goods on-site and online. Ward Eight does not have the space or time to devote to that aspect of the business. Anne Carlson explained that 184 of 537 Page 3 of 3 Ward Eight would benefit from the less expense Class D restaurant license as it more accurately resembles the business model currently employed. Board members reviewed the application packet in advance of the meeting and found it all in order. The Local Liquor Control Commissioner asked the members if there were any concerns over the request. No concerns were voiced. The board recommended issuing a Class D Liquor License to be introduced at the City Council meeting on April 8, 2014. FOR DISCUSSION Review and discussion of existing one-day liquor licensing requirements and fees for non-profit organizations: This matter was moved to the agenda of a subsequent due to staff scheduling conflict. ADJOURNMENT The meeting was adjourned by the Local Liquor Control Commissioner Elizabeth Tisdahl, Mayor at 11:31 a.m., March 20, 2014. Respectfully Submitted, Theresa Whittington Liquor Licensing Manager, Legal Department 185 of 537 For City Council meeting of April 8, 2014 Item A11 Ordinance 43-O-14: Decreasing Number of Class C Liquor Licenses 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: Approval of Ordinance 43-O-14, Decreasing the Number of Class C Liquor Licenses for La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue Date: March 24, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 43-O-14. Summary: Ordinance 43-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(C), as amended, to decrease the number of authorized Class C liquor licenses from 23 to 22. La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620 Orrington Avenue, was recommended for issuance of an upgraded liquor license, resulting in its relinquishing of its Class C liquor license for a Class C-1 liquor license. This “housekeeping” ordinance amends the City Code to reflect the decrease in Class C liquor licenses. Legislative History: At the March 20, 2014 Liquor Control Review Board meeting, Company requested consideration of application to upgrade from a Class C liquor license (Hotel/Restaurant; core area until 2am) to Class C-1 liquor license (Hotel/Restaurant; core area until 3am) and the Board recommended the issuance of a Class C-1 Liquor License. Therefore, the Company shall relinquish its Class C liquor license. In addition, through a separate Ordinance, the Company will receive a Class C-1 liquor license. ------------------------------------------------------------------------------------- Attachments: Ordinance 43-O-14 Click here for Minutes of the March 20, 2014 Liquor Control Review Board meeting Memorandum 186 of 537 3/20/2014 43-O-14 AN ORDINANCE Amending Subsection 3-4-6-(C) of the City Code to Decrease the Number of Class C Liquor Licenses from Twenty-Three to Twenty-Two (La Macchina Cafe, LLC, d/b/a “La Macchina Cafe”, 1620 Orrington Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(C) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class C liquor licenses from twenty-three (23) to twenty-two (22), to read as follows: (C) CLASS C licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding C licenses must have some food service available when alcoholic liquor is being sold. The meaning of “hotel,” “restaurant,” and “core area” shall be as defined in Section 3-4-1 of this Chapter. The applicant for the renewal only of such licenses may elect to pay the amount required herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $4,300.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $4,515.00. No more than twenty-three (23) twenty-two (22) such licenses shall be in force at any one time. SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as 187 of 537 43-O-14 ~2~ provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: _________________________, 2014 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 188 of 537 For City Council meeting of April 8, 2014 Item A12 Ordinance 44-O-14: Increasing Class C-1 Liquor Licenses for La Macchina Café 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: Approval of Ordinance 44-O-14, Increasing the Number of Class C-1 Liquor Licenses for La Macchina Café, LLC d/b/a La Macchina Café, 1620 Orrington Avenue Date: March 24, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 44-O-14. Summary: Ordinance 44-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(C-1), as amended, to increase the number of authorized Class C-1 liquor licenses from five to six. La Macchina Café, LLC d/b/a La Macchina Café (“Company”), 1620 Orrington Avenue, was recommended for issuance of an upgraded liquor license, resulting in its relinquishing of its Class C liquor license for a Class C-1 liquor license. This license will permit Company to retail sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available until 3:00 am. Application materials were submitted by Business Representative Marco Ferrarini. Legislative History: At the March 20, 2014 Liquor Control Review Board meeting, Company requested consideration of application to upgrade from a Class C liquor license (Hotel/Restaurant; core area until 2am) to Class C-1 liquor license (Hotel/Restaurant; core area until 3am) and the Board recommended the issuance of a Class C-1 Liquor License. ------------------------------------------------------------------------------------- Attachments: Ordinance 44-O-14 Application Click here for Minutes of the March 20, 2014 Liquor Control Review Board meeting Memorandum 189 of 537 3/20/2014 44-O-14 AN ORDINANCE Amending Subsection 3-4-6-(C-1) of the City Code to Increase the Number of Class C-1 Liquor Licenses from Five to Six (La Macchina Cafe, LLC, d/b/a “La Macchina Cafe”, 1620 Orrington Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(C-1) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class C-1 liquor licenses from five (5) to six (6), to read as follows: (C1) CLASS C1 licenses, which shall authorize the sale on the premises specified of alcoholic liquor only for consumption on the premises while food is available. Such licenses may be issued only to hotels or restaurants in the core area. Establishments holding class C1 licenses must have some food service available when alcoholic liquor is being sold. The meanings of "hotel," "restaurant" and "core area" shall be as defined in Section 3-4-1 of this Chapter. The sale of alcoholic liquor shall not take place between the hours of 2:00 a.m. and 11:00 a.m., except that sales may be made up to 3:00 a.m. on Friday, Saturday, Sunday mornings and up to 3:00 a.m. on the mornings of January 1, Memorial Day, July 4, Labor Day and Thanksgiving. The applicant for the renewal only of such licenses may elect to pay the amount herein semiannually. Such election shall be made at the time of application. The annual single payment fee for initial issuance or renewal of such license shall be $8,000.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $8,400.00. No more than five (5) six (6) such licenses shall be in force at any one (1) time. 190 of 537 44-O-14 ~2~ SECTION 2: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: _________________________, 2014 ______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 191 of 537 192 of 537 193 of 537 194 of 537 195 of 537 196 of 537 197 of 537 198 of 537 199 of 537 200 of 537 201 of 537 202 of 537 203 of 537 204 of 537 For City Council meeting of April 8, 2014 Item A13 Ordinance 45-O-14: Decreasing Number of Class I Liquor Licenses 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: Approval of Ordinance 45-O-14, Decreasing the Number of Class I Liquor Licenses for Ward Eight LLC d/b/a Ward Eight, 629 Howard Street. Date: March 24, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 45-O-14. Summary: Ordinance 45-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(I), as amended, to decrease the number of authorized Class I liquor licenses from one to zero. Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street., was recommended for issuance of a different liquor license, resulting in its relinquishing of its Class I liquor license for a Class D liquor license. This “housekeeping” ordinance amends the City Code to reflect the decrease in Class I liquor licenses. Legislative History: At the March 20, 2014 Liquor Control Review Board meeting, Company requested consideration of application to change from a Class I liquor license (Restaurant/Package Store) to Class D liquor license (Liquor/Restaurant) and the Board recommended the issuance of a Class D Liquor License. Therefore, the Company shall relinquish its Class I liquor license. In addition, through a separate Ordinance, the Company will receive a Class D liquor license. Attachments: Ordinance 45-O-14 Click here for Minutes of the March 20, 2014 Liquor Control Review Board meeting Memorandum Memorandum 205 of 537 3/21/2014 45-O-14 AN ORDINANCE Amending City Code Section 3-5-6-(I) to Decrease the Number of Class I Liquor Licenses from One to Zero (Ward Eight LLC, 629 Howard Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-5-6-(I) of the Evanston City Code of 2012, as amended, is hereby further amended by decreasing the number of Class I liquor licenses from one (1) to zero (0), to read as follows: (I) CLASS I licenses, which shall authorize the retail sale in combination restaurant/package stores of alcoholic liquor in the restaurant area and alcoholic liquor in the package store area. Sales of alcoholic liquor in the restaurant area of the licensed premises shall be for consumption on the premises where sold. No class I license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant," as defined in Section 3-4-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding class I licenses only during the period when their patrons are offered a complete meal. Class I licenses authorize retail sales of alcoholic liquor in original packages to persons of at least twenty-one (21) years of age in the retail package store area of the licensed premises, for consumption off the premises. Each class I license shall be subject to the following conditions: 1. The class I licensee must sell alcoholic liquor in the restaurant area and alcoholic liquor in original packages in the package store area in accordance with the class S license provisions and restrictions. The class I license requires the licensee to operate both the restaurant and retail package areas. 2. The sale of alcoholic liquor in its original package shall be confined to an area which is separated by a full enclosure or full partition with a controlled access to and from the restaurant area. The retail package area shall be accessed only through the restaurant. 3. It shall be unlawful for a class I licensee to sell a single container of wine unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. 206 of 537 45-O-14 ~2~ 4. It shall be unlawful for a class I licensee to sell a single container of beer unless the volume of the container is greater than forty (40) ounces or 1.18 liters. 5. It shall be unlawful for a class I licensee to sell a single container of alcoholic liquor, except wine and beer which are regulated by Subsections (I)3 and (S)4 of this Section, unless the container is greater than sixteen (16) fluid ounces or 0.473 liter. 6. Items purchased in the retail package area in original packages shall not be consumed in the restaurant area. 7. It shall be unlawful for a class I licensee to sell alcoholic liquor in original packages except solely within the area set forth in Subsection 2., above, and with a cash register designated as for the sale of such alcoholic liquor, which cash register is operated by a person of at least twenty-one (21) years of age. 8. Class I licensees shall sell alcoholic liquor in the restaurant area only during the hours set forth in Section 3-4-9 of this Chapter. 9. The sale of alcoholic liquor at retail pursuant to the class I license may begin after eight o'clock (8:00) a.m., Monday through Sunday. Alcoholic liquor shall not be sold after the hour of twelve midnight on any day. 10. Class I license fees are as follows: The annual single-payment fee for initial issuance or renewal of such license shall be $7,500.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $7,875.00. No more than one (1) zero (0) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity 207 of 537 45-O-14 ~3~ 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 208 of 537 For City Council meeting of April 8, 2014 Item A14 Ordinance 46-O-14: Increasing Class D Liquor Licenses for Ward Eight 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: Approval of Ordinance 46-O-14, Increasing the Number of Class D Liquor Licenses for Ward Eight LLC d/b/a Ward Eight, 629 Howard Street Date: March 24, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 46-O-14. Summary: Ordinance 46-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(D), as amended, to increase the number of authorized Class D liquor licenses from 49 to 50. Ward Eight LLC d/b/a Ward Eight (“Company”), 629 Howard Street, was recommended for issuance of a different liquor license, resulting in its relinquishing of its Class I liquor license for a Class D liquor license. This license will permit Company to retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. Application materials were submitted by Business Representative Anne Carlson. Legislative History: At the March 20, 2014 Liquor Control Review Board meeting, Company requested consideration of application to change from a Class I liquor license (Restaurant/Package Store) to Class D liquor license (Liquor/Restaurant) and the Board recommended the issuance of a Class D Liquor License. Attachments: Ordinance 46-O-14 Application Click here for Minutes of the March 20, 2014 Liquor Control Review Board meeting Memorandum 209 of 537 3/21/2014 46-O-14 AN ORDINANCE Amending City Code Section 3-5-6-(D) to Increase the Number of Class D Liquor Licenses from Forty-Nine to Fifty (Ward Eight LLC, 629 Howard Street) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-5-6-(D) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class D liquor licenses from forty-nine (49) to fifty (50), to read as follows: (D) CLASS D licenses, which shall authorize the retail sale in restaurants only of alcoholic liquor for consumption on the premises where sold. No such license may be granted to or retained by an establishment in which the facilities for food preparation and service are not primarily those of a "restaurant", as defined in Section 3-5-1 of this Chapter. Alcoholic liquor may be sold in restaurants holding class D licenses only during the period when their patrons are offered a complete meal. The applicants for the renewal of such licenses may elect to pay the amount required herein semiannually or annually. Such election shall be made at the time of application. The annual single-payment fee for initial issuance or renewal of such license shall be $2,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-5-7 of this Chapter, shall be $2,940.00. No more than forty-nine (49) fifty (50) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to 210 of 537 46-O-14 ~2~ any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 4: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduced: _________________, 2014 Adopted: ___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: ______________________________ W. Grant Farrar, Corporation Counsel 211 of 537 212 of 537 213 of 537 214 of 537 215 of 537 216 of 537 217 of 537 218 of 537 219 of 537 220 of 537 221 of 537 For City Council meeting of April 8, 2014 Item A15 Ordinance 49-O-14: Increasing Class P-1 Liquor Licenses for Common Culture Beer Co 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: Approval of Ordinance 49-O-14, Increasing the Number of Class P-1 Liquor Licenses for Common Culture Beer Co., d/b/a Sketchbook Brewing Co., 825 Chicago Avenue, Suite E2 Date: March 24, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 49-O-14. Summary: Ordinance 49-O-14 amends Evanston City Code of 2012 Subsection 3-4-6-(P-1), as amended, to increase the number of authorized Class P-1 liquor licenses from one to two, and permit issuance of a Class P-1 license to Common Culture Beer Co., d/b/a Sketchbook Brewing Co. (“Company”), 825 Chicago Avenue, Suite E2. This license will permit Company on-site production and storage of beer in quantities not to exceed four hundred sixty-five thousand (465,000) gallons (or 15,000 barrels) per year, the sale of such beer for consumption off-premises and on-site sampling and consumption of such beer by persons of at least 21 years of age. Business Representatives Cesar Marron and Shawn Decker submitted application materials. Legislative History: At the March 20, 2014 Liquor Control Review Board meeting, Company requested consideration of application for issuance of a Class P-1 (Craft Brewery) liquor license and the Board recommended the issuance of a Class P-1 Liquor License. Attachments: Ordinance 49-O-14 Application Click here for Minutes of the March 20, 2014 Liquor Control Review Board meeting Memorandum 222 of 537 3/20/2014 49-O-14 AN ORDINANCE Amending Subsection 3-4-6-(P-1) of the City Code to Increase the Number of Class P-1 Liquor Licenses from One to Two (Common Culture Brewing Company d/b/a Sketchbook Brewing Co., 825 Chicago Avenue) NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Subsection 3-4-6-(P-1) of the Evanston City Code of 2012, as amended, is hereby further amended by increasing the number of Class P-1 liquor licenses from one (1) to two (2), to read as follows: (P-1) CRAFT BREWERY license shall authorize the on-site production and storage of craft beer in quantities not to exceed nine hundred thirty thousand (930,000) gallons (or 30,000 barrels) per year and the sale of such beer for consumption off-premises. It also authorizes on-site sampling and retail sale for consumption of such beer by persons of at least twenty-one (21) years of age. Such craft brewery licenses shall be issued subject to the following conditions: 1. It shall be unlawful for a Class P-1 licensee to sell a single container of beer for off-premises consumption unless the volume of the container is greater than forty (40) ounces or 1.18 liters. 2. Class P-1 licensees who offer craft beer product sampling only, may during authorized hours of business, offer for on-site consumption samples of beer permitted to be produced and sold pursuant to this classification. Licensees shall not provide more than three (3) free samples, each of which shall not exceed two (2) fluid ounces, to any customer in one (1) day. Licensees who limit activity to sampling only, as specified herein, shall provide limited food service such as cheese, crackers, snack food or other similar deli-style items to customers who are sampling craft beer. 223 of 537 49-O-14 ~2~ 3. Class P-1 licensees who offer servings of beer for retail sale on the licensed premises, in addition to product sampling, may during authorized hours of business, offer for on-site consumption servings of beer permitted to be produced and sold pursuant to this classification. No more than three (3) craft beer servings shall be sold to any customer in one (1) day and each serving shall be limited to either:  By the glass, having a capacity of not more than sixteen (16) ounces;  By the bottle having, a capacity of not more than twelve (12) ounces; or  By the flight, having not more than four (4) glasses with each glass not having more than four (4) ounces. Licensees who offer servings of beer for retail sale shall provide expanded food service which includes such items as sandwiches, flatbreads, empanadas, hot dogs, salads, or other similar a la carte items to customers who are purchasing a craft beer serving(s). Licensees may arrange for the presence and operation of a mobile food vehicle on or adjacent to the licensed premises during authorized hours of business to serve food to customers. Only mobile food vehicle vendors licensed pursuant to Title 8, Chapter 23 of the City Code shall be allowed to be present and operate. Licensees required to provide expanded food service shall comply with all applicable requirements of Title 8, Chapter 6 of the City Code. The limits on product sampling as specified in subsection 3-4-6(P-1)(2) shall also apply to licensees offering servings of beer for retail sale. 4. Class P-1 licensees must have at least one (1) BASSET-certified site manager on-premises whenever beer is available for on-site consumption. All persons who sell, open, pour, dispense or serve craft beer shall be BASSETT certified. Class P-1 licensees must provide food service whenever beer is available for on-site consumption, in accordance with the specifications applicable to either sampling or retail sale for on-site consumption. The licensee is strictly liable for complying with all provisions regarding food service. Craft beer shall be sold and dispensed only in containers provided by the licensee. Craft beer servings for consumption on premises shall be dispensed in containers no larger than sixteen (16) ounces. Craft beer sold within the licensed premises for consumption on the premises shall not be removed from the licensed premises. No alcoholic liquor shall be brought onto the licensed premises 224 of 537 49-O-14 ~3~ or consumed on the licensed premises other than the craft beer sold at retail or offered for sampling. 5. It shall be unlawful for the holder of a Class P-1 license to provide a sample of or sell any beer before the hours of 10:00 a.m. or after the hour of 10:00 p.m. on any Monday, Tuesday, Wednesday or Thursday; before the hour or 10:00 a.m. or after the hour of 11:00 p.m. on any Friday or Saturday; and before the hour of 12:00 p.m. and after the hour of 10:00 p.m. on any Sunday. 6. Every Class P-1 licensee must have a valid Class 3 Brewer's License from the State of Illinois. Every licensee shall maintain accurate records as to the total gallonage of beer manufactured on the premises and the total gallonage of beer manufactured on the premises and sold for consumption off-premises. Licensee shall produce said records to the City upon request. 7. Every employee of a Class P-1 licensee who participates in the production and sale of beer, pursuant to this license class, must be BASSET-certified. The annual single payment fee for initial issuance or renewal of such license shall be $1,800.00. The total fee required hereunder for renewal applicants electing to make semiannual payments, payable pursuant to the provisions of Section 3-4-7 of this Chapter, shall be $1,890.00. No more than one (1) two (2) such licenses shall be in force at any one (1) time. SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: If any provision of this ordinance or application thereof to 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 225 of 537 49-O-14 ~4~ 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 226 of 537 ~-_.~ CfryofEvanston' Date: 2/6/14 City of Evanston annual Liquor License Application City of Evanston Application for Liquor License !:8J New business Liquor Class: D Change of Ownership/Corporation Pj, D Upgrade to License Class Initial license Fee: 1800 A.Corporation name:Common Culture Brewing Co. B.Business name:Common Culture Brewing Co. C.Previous business name (if dba changed): D.Business address (city, state, zip code): 1314 Washington st,Evanston IL,60202 E.Business telephone: (518) 698 - 6969 F.Business website:G.Business Email: cmarron@gmail.com H. Illinois business tax number: A.Address applying for liquor license (exact street address): 825 Chicago Ave Suite E2 Evanston Zip code: 60201 B. Full description of the location including floor layout,specific floors, rooms, etc. (attach a site plan): Site Plan Attached C. Is the business required to be located within the "Retail Package Store Area"? DVes ~No If yes, is it located within the "Retail Package Store Area"? Yes D No A.Business type:D Restaurant D Hotel D Package D Grocery store store Describe the nature of the business 1 principal kind of business:Craft Brewery !:8J Other (explain below): Liquor to be served andlor sold:D Alcoholic Ii uor !:8JBeer and Wine onl D Wine onl Days and times liquor is served:!:8J Sunday D Monday DTuesday !:8JWednesday 12 to 6 to to 5 to 8 !:8J Thursday !:8J Friday !:8JSaturday 4 to 8 4 to 10 12 to 10 Liquor will served or sold by: !:8J Glass !:8J Bottle D Can D Waitstaff and/or !:8J Over the counter City of Evanston Liquor License Application (Rev.12/19/2013)Page 1 of 17 227 of 537 228 of 537 229 of 537 230 of 537 231 of 537 232 of 537 Illinois Application to Adopt an Assumed Corporate Name Form Secretary of State Department of Business Services Springfield, IL 62756 217-782-9520 www.cyberdriveillinois.com 1. Corporate Name: ________________________________________________________________________________ 2. State of Incorporation: ____________________________________________________________________________ 3. Date Incorporated/Qualified: _____________________________________ 4. Corporation intends to adopt and to use the assumed corporate name of: ______________________________________________________________________________________________ ______________________________________________________________________________________________ 5. The right to use the assumed corporate name shall be effective from the date this application is filed by the Secretary of State until _______________________________________________, the first day of the corporation s anniversary month in the next year evenly divisible by five. 6. The undersigned corporation has caused this statement to be signed by a duly authorized officer who affirms, under penalties of perjury, that the facts stated herein are true and correct. This document was generated electronically at www.cyberdriveillinois.com Exact Name of the Corporation: Authorized Officer’s Name Title FILED Jesse White Secretary of State Filing Fee: Approved: FILE # ________________________________________________________________________________ Date: __________________________ 30.00 COMMON CULTURE BREWING CO. CESAR MARRON Feb 22, 2014 JXR BCA-4.15/4.20 07/01/2015 07/25/2013 ILLINOIS Feb 22, 2014 PRESIDENT Business Corporation Act COMMON CULTURE BREWING CO. SKETCHBOOK BREWING CO. 69159877 233 of 537 234 of 537 235 of 537 236 of 537 237 of 537 238 of 537 239 of 537 240 of 537 241 of 537 242 of 537 243 of 537 For City Council meeting of April 8, 2014 Item A16 Ordinance 40-O-14: Cessation of Evanston Township and Codifying the City’s Assumption of the Duties and Obligations of Evanston Township For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Approval of Ordinance 40-O-14, Recognizing the Cessation of Evanston Township and Codifying the City’s Assumption of the Duties and Obligations of Evanston Township Date: April 8, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 40-O-14. This ordinance is companion legislation to Ordinance 52-O-14. A companion resolution, 1T-R-14, will be on the agenda for action by the Town Board at the April 28, 2014 meeting. That resolution will discontinue, abolish, and cease Township operations as of April 30, 2014. Funding Source: n/a Summary: Section 1 of the ordinance is the legislative statement making certain findings of fact and law, and reciting the City’s authority under the Illinois Constitution, the Township Code, and the March 18, 2014 binding referendum result, to assume the general assistance, emergency assistance, and property tax advisory services currently exercised by the township. Section 2 recites that the effective date of this ordinance is 12:00 a.m., May 1, 2014. This is intended to effect the seamless transition of services between the township, which shall cease existence and operations, effective 11:59 p.m., April 30, 2014, and the City. Section 3 directs the City Clerk to maintain Township records in the City Clerk’s office. The office of Town Clerk will be abolished by operation of law. The City Clerk is also directed to send certified copies of this ordinance to state and county officials in order to assist in the City’s statutory assumption of duties. Memorandum 244 of 537 Sections 4 & 5 recite that the offices of Township Supervisor and Township Assessor are abolished by operation of law pursuant to 60 ILCS 1/27-15 and 1/27-20. Sections 6 & 7 memorialize that consistent with Council and City Manager direction over the past year, the City shall assume and maintain all general assistance, emergency assistance, and property tax advisory services currently exercised by the township. Staff drafted a new chapter to the City Code, Title 1, Chapter 20, which codifies the creation of the City’s general assistance and emergency assistance programs. This language is found in Ordinance 52-O-14. Legislative History: The Illinois General Assembly approved, and Governor Quinn signed into law, legislation which amended the Township Code to authorize a referendum question regarding the dissolution of Evanston Township. On March 18, 2014, the voters approved by a 63.56% affirmative vote, the discontinuation and abolishment of Evanston Township. This ordinance tracks Article 27 (attached) of the Township Code. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 40-O-14 60 ILCS 1/Article 27 245 of 537 03/31/2014 03/28/2014 40-O-14 AN ORDINANCE RECOGNIZING THE CESSATION OF THE TOWNSHIP ORGANIZATION IN EVANSTON TOWNSHIP, AND CODIFYING THE CITY OF EVANSTON’S ASSUMPTION OF THE DUTIES AND OBLIGATIONS OF EVANSTON TOWNSHIP AS OF 12:00 A.M., MAY 1, 2014 NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. At the time of passage of this ordinance, the City of Evanston and Evanston Township are coterminous, and the Township is a blended unit of local government within the City, with the City Council sitting as the Town Board and exercising all powers vested in it by law, 60 ILCS 1/15-50, 60 ILCS 1/80-5. Pursuant to 60 ILCS 1/27-10, the City Council adopted ordinance 105-O-13 which authorized that a proposition to dissolve Evanston Township be placed on the ballot for the March 18, 2014 General Primary election (the “election”) to be held in the township. 63.56% of the registered voters who cast ballots at the election in Evanston Township voted “Yes” to discontinue and abolish Evanston Township. The City Council, in its legislative capacity, formally recognizes the Cook County Clerk’s official election canvass of results memorializing that 4,776 affirmative votes were cast in favor of the proposition to discontinue and abolish. In recognition of this lawful election result, and recognizing the concurrent adoption by the Town Board of resolution 1T-O-14 dissolving Evanston Township, this 246 of 537 40-O-14 ~2~ ordinance hereby codifies the City of Evanston’s assumption of the duties and obligations of Evanston Township. Pursuant to Article VII(10) of the Illinois Constitution, and the Intergovernmental Cooperation Act, 5 ILCS 220 et seq., the City Council of the City of Evanston is authorized to approve an intergovernmental agreement or contract with Cook County and the State of Illinois to administer the duties and responsibilities of the Township for any township services. This legislative act also codifies the City’s role in maintaining and assuming the township’s general assistance and emergency assistance services, and continues the advisory services to residents related to Cook County property tax assessments. Article VII, Section (6)a of the Illinois Constitution of 1970 states that, “a home rule unit may exercise any power and perform any function pertaining to its government and affairs.” As a home rule unit, the City of Evanston’s powers shall be construed liberally. Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). This ordinance is presumed constitutional and the burden of rebutting that strong presumption is on the party challenging the validity of the statute to clearly demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill.2d 296, 306 (2008). It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id. citing to People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003); and The City Council finds that the assumption of duties, consolidation of 247 of 537 40-O-14 ~3~ services, assumption of necessary taxing authority, and parameters enunciated herein shall contribute to fiscal stability for the City and promote the general welfare of residents. SECTION 2: Ordinance 40-O-14 shall be in full force and effect as of 12:00 a.m. May 1, 2014. SECTION 3: Pursuant to 60 ILCS 1/27-25, the City of Evanston Clerk is hereby directed to properly transfer and maintain all records of Evanston Township in the City of Evanston City Clerk’s office. SECTION 4: The office of Township Supervisor is abolished by operation of law. Pursuant to 60 ILCS 1/27-15, 1/27-20, and 305 ILCS 5/12-3.1, all the rights, powers, obligations, and duties of the Township Supervisor shall by operation of law vest in and be assumed by the City of Evanston. SECTION 5: Pursuant to 60 ILCS 1/27-15, 1/27-20, and 35 ILCS 200/3- 70, all the rights, powers, obligations, and duties of the Township Assessor shall by operation of law vest in and be assumed by the City of Evanston. SECTION 6: Pursuant to 60 ILCS 1/27-15 and 1/27-20, effective 12:00 a.m. May 1, 2014, all the rights, powers, assets, property, obligations, and duties of Evanston Township shall by operation of law vest in and be assumed by the City of Evanston. All duties and responsibilities of Evanston Township, and any township officer as provided in the Township Code, the Illinois Public Aid Code, and Property Tax Code, are vested in, and shall be exercised by, the City of Evanston. The effective date of the vesting and transfer of duties and responsibilities called for in this Section 6 shall be 12:00 a.m., May 1, 2014. 248 of 537 40-O-14 ~4~ SECTION 7: Pursuant to 60 ILCS 1/27-20,1/27-25, and this ordinance, The City Manager is hereby authorized and directed to close up all unfinished business of the township, and to sell and dispose of any township property as may be approved by the City Council, for the benefit of the residents of the City of Evanston. SECTION 8: The City Clerk shall send a certified copy of this ordinance to Illinois Secretary of State Jesse White, the Director of the Illinois State Department of Revenue, the Director of the Illinois State Department of Human Services, Cook County Board President Toni Preckwinkle, Cook County Commissioner Larry Suffredin, Cook County Assessor Joe Berrios, Cook County Clerk David Orr, Commissioner Michael Cabonargi of the Cook County Board of Review, and the Executive Director of the Illinois Municipal Retirement Fund. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby unconditionally repealed in their entirety. The terms and provisions of this Ordinance shall be liberally construed so as to effectuate the purposes set forth in the recitals to this Ordinance. Each and every section in this Ordinance is to be construed and interpreted severally. SECTION 10: The findings in this Ordinance, and the legislative Record, are declared to be prima facie evidence of the law of the City of Evanston, and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. 249 of 537 40-O-14 ~5~ SECTION 11: If any provision of this Ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. SECTION 12: The City Clerk shall, and is hereby directed to, take all necessary steps to attest to and record this ordinance and comply with Section 8 of this ordinance. Introduced: April 8, 2014 Adopted: April 28, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form and legality: ______________________________ W. Grant Farrar, Corporation Counsel 250 of 537 (60 ILCS 1/Art. 27 heading) ARTICLE 27. DISCONTINUANCE OF TOWNSHIP ORGANIZATION WITHIN COTERMINOUS MUNICIPALITY (Source: P.A. 98-127, eff. 8-2-13.) (60 ILCS 1/27-5) Sec. 27-5. Applicability. This Article shall apply only to a township that: (1) is within a coterminous, or substantially coterminous, municipality in which the city council exercises the powers and duties of the township board, or in which one or more municipal officials serve as an officer or trustee of the township; (2) is located within a county with a population of 3 million or more; and (3) contains a territory of 7 square miles or more. (Source: P.A. 98-127, eff. 8-2-13.) (60 ILCS 1/27-10) Sec. 27-10. Petition and referendum to discontinue and abolish a township organization within a coterminous municipality. Upon ordinance adopted by the city council of a township described under Section 27-5 of this Article, or upon petition of at least 10% of the registered voters of that township, the city council shall certify and cause to be submitted to the voters of the township, at the next election or consolidated election, a proposition to discontinue and abolish the township organization and to transfer all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township organization to the coterminous municipality. A signature on a petition shall not be valid or counted in considering the petition unless the form requirements are complied with and the date of each signature is less than 90 days before the last day for filing the petition. The statement of the person who circulates the petition must include an attestation (i) indicating the dates on which that sheet was circulated, (ii) indicating the first and last date on which that sheet was circulated, or (iii) certifying that none of the signatures on the sheet was signed more than 90 days before the last day for filing the petition. The petition shall be treated and the proposition certified in the manner provided by the general election law. After the proposition has once been submitted to the electorate, the proposition shall not be resubmitted for 4 years. The proposition shall be in substantially the following form: Shall the township organization be continued in [Name of Township] Township? The votes shall be recorded as "Yes" or "No". (Source: P.A. 98-127, eff. 8-2-13.) 251 of 537 (60 ILCS 1/27-15) Sec. 27-15. Cessation of township organization. If a majority of the votes of the township cast are in favor of the proposition to discontinue and abolish the township organization, then the township organization in that township shall cease. On the effective date of the discontinuance and abolishment of the township organization, all the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of the township shall by operation of law vest in and be assumed by the coterminous municipality. (Source: P.A. 98-127, eff. 8-2-13.) (60 ILCS 1/27-20) Sec. 27-20. Township officers. Upon the effective date of discontinuance, the coterminous municipality shall exercise all duties and responsibilities of that township officer as provided in the Township Code, the Illinois Public Aid Code, Property Tax Code, and the Illinois Highway Code, as applicable. The coterminous municipality may enter into an intergovernmental agreement or contract with the county or the State to administer the duties and responsibilities of that township officer for services under its jurisdiction. (Source: P.A. 98-127, eff. 8-2-13.) (60 ILCS 1/27-25) Sec. 27-25. Business, records, and property of discontinued township organization. The records of a township organization discontinued under this Article shall be deposited in the coterminous municipality's city clerk's office. The coterminous municipality may close up all unfinished business of the township and sell and dispose of any of the property belonging to the township for benefit of the inhabitants of the municipality. (Source: P.A. 98-127, eff. 8-2-13.)   252 of 537 For City Council meeting of April 8, 2014 Item A17 Ordinance 52-O-14: Creating the City of Evanston General Assistance Fund and Defining Other City Duties For Introduction To: Honorable Mayor and Members of the City Council Administration & Public Works Committee From: W. Grant Farrar, Corporation Counsel Subject: Approval of Ordinance 52-O-14, Creating the City of Evanston General Assistance Fund and Defining Other City Duties and Obligations Date: April 8, 2014 Recommended Action: Staff recommends City Council adoption of Ordinance 52-O-14. This ordinance is companion legislation to Ordinance 40-O-14. A companion resolution, 1T-R-14, will be on the agenda for action by the Town Board at the April 28, 2014 meeting. That resolution will discontinue, abolish, and cease Township operations as of April 30, 2014. Funding Source: n/a Summary: Section 1 of the ordinance is the legislative statement making certain findings of fact and law, and reciting the City’s authority under the Illinois Constitution, the Township Code, and the March 18, 2014 binding referendum result, to assume the general assistance, emergency assistance, and property tax advisory services currently exercised by the township. Section 2 recites that the effective date of this ordinance is 12:00 a.m., May 1, 2014. This is intended to effect the seamless transition of services between the township, which shall cease existence and operations, effective 11:59 p.m., April 30, 2014, and the City. Section 3 creates the new Title 1, Chapter 20, City General Assistance Fund. The City shall assume necessary taxing and expenditure authority to fund general assistance programs. Memorandum 253 of 537 Section 4 recites that township accounts shall transfer to the City, and Section 5 recites that the City will assume the IMRF obligations of the township. Section 6 provides that the Evanston Town Fund will be abolished and its balances will be transferred to the City General Fund. Legislative History: The Illinois General Assembly approved, and Governor Quinn signed into law, legislation which amended the Township Code to authorize a referendum question regarding the dissolution of Evanston Township. On March 18, 2014, the voters approved by a 63.56% affirmative vote, the discontinuation and abolishment of Evanston Township. Alternatives: n/a ------------------------------------------------------------------------------------- Attachments: Ordinance 52-O-14 254 of 537 03/31/2014 52-O-14 AN ORDINANCE AMENDING THE CITY CODE TO CREATE THE CITY OF EVANSTON GENERAL ASSISTANCE FUND, AND TO DEFINE CERTAIN OTHER DUTIES AND OBLIGATIONS OF THE CITY FOLLOWING THE CESSATION OF THE EVANSTON TOWNSHIP ORGANIZATION NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: Legislative Statement. At the time of passage of this ordinance, the City of Evanston and Evanston Township are coterminous, and the Township is a blended unit of local government within the City, with the City Council sitting as the Town Board and exercising all powers vested in it by law, 60 ILCS 1/15-50, 60 ILCS 1/80-5. Pursuant to 60 ILCS 1/27-10, the City Council adopted ordinance 105-O-13 which authorized that a proposition to dissolve Evanston Township be placed on the ballot for the March 18, 2014 General Primary election (the “election”) to be held in the township. 63.56% of the registered voters who cast ballots at the election in Evanston Township voted “Yes” to discontinue and abolish Evanston Township. The City Council, in its legislative capacity, formally recognizes the Cook County Clerk’s official election canvass of results memorializing that 4,776 affirmative votes were cast in favor of the proposition to discontinue and abolish. In recognition of this lawful election result, and recognizing the concurrent adoption by the Town Board of resolution 1T-O-14 dissolving Evanston Township, this ordinance hereby creates the City of Evanston General Assistance Fund and defines 255 of 537 52-O-14 ~2~ certain other duties and obligations of the City following the cessation of the Evanston Township organization. This legislative act codifies the City’s role in maintaining and assuming the township’s general assistance and emergency assistance services, and continues the advisory services to residents related to Cook County property tax assessments. Article VII, Section (6)a of the Illinois Constitution of 1970 states that, “a home rule unit may exercise any power and perform any function pertaining to its government and affairs.” As a home rule unit, the City of Evanston’s powers shall be construed liberally. Scadron v. City of Des Plaines, 153 Ill.2d 164 (1992). This ordinance is presumed constitutional and the burden of rebutting that strong presumption is on the party challenging the validity of the statute to clearly demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 Ill.2d 296, 306 (2008). It is well-settled law in Illinois that the legislative judgment of the City Council must be considered presumptively valid. Glenview State Bank v. Village of Deerfield, 213 Ill.App.3d 747, (2nd Dist. 1991). A court has a duty to uphold the constitutionality of a statute/ordinance when reasonably possible, and if a statute’s/ordinance’s construction is doubtful, the court will resolve the doubt in favor the statute’s/ordinance’s validity. Id. citing to People ex rel. Sherman v. Cryns, 203 Ill.2d 264, 291 (2003); and The City Council finds that the assumption of duties, consolidation of services, assumption of necessary taxing authority, and parameters enunciated herein shall contribute to fiscal stability for the City and promote the general welfare of residents. SECTION 2: Ordinance 52-O-14 shall be in full force and effect as of 256 of 537 52-O-14 ~3~ 12:00 a.m. May 1, 2014. SECTION 3: Title 1 of the Evanston City Code of 2012, as amended, is hereby further amended and revised by adding a new Chapter 20, to read as follows: CHAPTER 20: GENERAL ASSISTANCE FUND 1-20-1. CREATION AND COMPOSITION. There is hereby created an account of the City which shall be known as the GENERAL ASSISTANCE FUND. This fund shall be administered by the City Manager or his/her designee and as set forth in Title 1, Chapter 11 of this Code. This fund shall consist of such estimated tax revenues, actual revenues, appropriations and expenditures for general assistance and emergency assistance services for the residents of the City of Evanston. This fund shall receive tax revenues in accordance with the annual tax levy ordinance and any ordinances or resolutions required by law. All revenues and appropriations that exist in the Evanston Township General Assistance Fund as of 11:59 p.m., April 30, 2014, shall be transferred by operation of law into this City GENERAL ASSISTANCE FUND. The City shall administer and provide funds for general assistance pursuant to 305 ILCS 5/12-3.1. SECTION 4: All Evanston Township banking, investment, or other financial accounts shall be transferred to the City of Evanston. All such accounts shall be in the charge and custody of the City of Evanston as set forth in Title 1, Chapter 11 of this Code. All such accounts shall be kept, managed, and audited as set forth in Title 1, Chapter 11 of this Code. SECTION 5: All Evanston Township pension programs and accounts as required by the Illinois Municipal Retirement Fund, 40 ILCS 5/7-101 et seq., shall be 257 of 537 52-O-14 ~4~ transferred by operation of law to the City of Evanston. As a participating municipality, the City shall succeed to the functions of Evanston Township as provided by 40 ILCS 5/7-132(A)(c). The net accumulation balance in the Evanston Township reserve and the Evanston Township account receivable balance shall be assumed and transferred to the City. All participating and covered employees formerly employed by Evanston Township shall become participating and covered employees of the City. All such accounts shall be in the charge and custody of the City of Evanston, and be kept and managed as set forth in Section 1-9-7 of this Code. The City Clerk is directed to send a certified copy of this Ordinance to the Executive Director of the Illinois Municipal Retirement Fund. SECTION 6: All revenues and appropriations that exist in the Evanston Town Fund as of 11:59 p.m., April 30, 2014, shall be transferred by operation of law into the City of Evanston General Fund. All Evanston Town Fund banking, investment, or other financial accounts shall by operation of law be designated and become a component account within the City of Evanston General Fund. All such accounts shall be kept, managed, and audited as set forth in Title 1, Chapter 11 of this Code. SECTION 7: All ordinances or parts of ordinances in conflict herewith are hereby unconditionally repealed in their entirety. The terms and provisions of this Ordinance shall be liberally construed so as to effectuate the purposes set forth in the recitals to this Ordinance. Each and every section in this Ordinance is to be construed and interpreted severally. SECTION 8: The findings in this Ordinance, and the legislative Record, are declared to be prima facie evidence of the law of the City of Evanston, and shall be 258 of 537 52-O-14 ~5~ received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. SECTION 9: If any provision of this Ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable. SECTION 10: The City Clerk shall send a certified copy of this ordinance to Illinois Secretary of State Jesse White, the Director of the Illinois State Department of Revenue, the Director of the Illinois State Department of Human Services, Cook County Board President Toni Preckwinkle, Cook County Commissioner Larry Suffredin, Cook County Assessor Joe Berrios, and Cook County Clerk David Orr. Introduced: April 8, 2014 Adopted: April 28, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form and legality: ______________________________ W. Grant Farrar, Corporation Counsel 259 of 537 PLANNING & DEVELOPMENT COMMITTEE MEETING Tuesday, April 8, 2014 7:15 p.m. Lorraine H. Morton Civic Center, 2100 Ridge Avenue, Evanston Council Chambers AGENDA I. CALL TO ORDER/DECLARATION OF QUORUM: ALDERMAN RAINEY, CHAIR II. APPROVAL OF REGULAR MEETING MINUTES OF MARCH 24, 2014 III. ITEMS FOR CONSIDERATION (P1) Resolution 18-R-14 Designating the Portion of Emerson Street between Asbury Avenue and Green Bay Road with the Honorary Street Name Sign, “Hecky Powell Way” The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 18-R-14 designating honorary “Hecky Powell Way.” For Action (P2) Resolution 19-R-14 Designating the Portion of Dodge Avenue between Main Street and Lee Street with the Honorary Street Name Sign, “Crown Family Way” The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 19-R-14 designating honorary “Crown Family Way.” For Action (P3) Ordinance 48-O-14, Granting a Special Use for a Type 2 Restaurant, Starbucks, and a Drive-Through Facility at 1901 Dempster Street The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 48-O-14 granting a special use permit for a Type 2 Restaurant, Starbucks, and a drive-through facility at 1901 Dempster Street. The building on the property was previously a Kentucky Fried Chicken, but has been vacant for over three years. Request Suspension of the Rules for Introduction and Action by City Council on April 8, 2014. For Introduction and Action 260 of 537 Planning & Development Committee Meeting Agenda Page 2 of 2 April 8, 2014 (P4 and P5) The Plan Commission and City staff recommend the adoption of either Ordinance 47-O-14 or Ordinance 53-O-14 to grant approval of a Planned Development to construct an eight-story extended stay hotel located at 1515 Chicago Avenue. Two ordinances are presented for consideration. Ordinance 47-O-14 requires preservation of an elm tree; Ordinance 53-O-14 permits removal of an elm tree. (P4) Ordinance 47-O-14, Granting a Special Use Permit for a Planned Development, 1515 Chicago Avenue, and Requires Preservation of an Elm Tree Per the recommendation made by the Plan Commission, Ordinance 47-O-14 requires the applicant to preserve the existing elm tree in the rear of the property. For Introduction (P5) Ordinance 53-O-14, Granting a Special Use Permit for a Planned Development, 1515 Chicago Avenue, and Permits Removal of an Elm Tree Ordinance 53-O-14 allows the applicant to remove the existing elm tree in the rear of the property, but the applicant must install a new 9-inch caliper tree in the southeast corner of the property and provide additional parking. For Introduction IV. ITEMS FOR DISCUSSION V. COMMUNICATIONS (PD1) Evanston Housing Corporation Update For Communication and Information (PD2) Land Use Review Procedures For Communication VI. ADJOURNMENT 261 of 537 Planning & Development Committee Meeting Minutes of March 24, 2014 – 7:15 p.m. Council Chambers - Lorraine H. Morton Civic Center MEMBERS PRESENT: J. Fiske, J. Grover, D. Holmes, A. Rainey, D. Wilson, M. Wynne MEMBERS ABSENT: M. Tendam STAFF PRESENT: M. Masoncup, M. Muenzer, B. Newman, C. Plante PRESIDING OFFICIAL: Ald. Wynne I. DECLARATION OF QUORUM A quorum being present, Chair Wynne called the meeting to order at 7:16 p.m. II. APPROVAL OF REGULAR MEETING MINUTES OF FEBRUARY 10, 2014 Ald. Rainey moved approval of the minutes of the February 10, 2014 P&D meeting, seconded by Ald. Grover. The Committee voted unanimously 6-0 to approve the February 10, 2014 minutes. III. ITEMS FOR CONSIDERATION (P1) Ordinance 36-O-14, Granting a Special Use for Commercial Indoor Recreation and a Drive Through Facility, Little Beans Cafe, at 430 Asbury Avenue The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 36-O-14 granting a special use permit for Commercial Indoor Recreation and a Drive Through Facility, Little Beans Cafe, at 430 Asbury Avenue. The applicant has complied with all zoning requirements, and meets all of the standards for a special use in the B2 Business District. The applicant requests suspension of the Rules for Introduction and Action on March 24, 2014. For Introduction and Action Ald. Rainey moved to recommend suspension of the rules to introduce and approval of Ordinance 36-O-14, seconded by Ald. Grover. Ald. Rainey noted that this is the “infamous” corner of Asbury and Oakton which has been vacant for years, since CVS purchased Osco and she, Ald. Burrus and City staff have worked tirelessly to have it filled by the right use. Little Beans called the City unexpectedly about the site. She said the applicant is asking for suspension of the rules and she hopes the Committee DRAFT – NOT APPROVED 262 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 2 of 18 will be in support. She said the application has been through ZBA and met all the criteria. Chair Wynne called the public who wished to speak to the podium. Betty Ester of 2031 Church St., Evanston said she is asking for her granddaughter what kind of indoor recreation facility they are putting near Oakton School that they couldn’t have before. Ald. Rainey explained that it is a café with a children’s recreation space. There will be no recreation for adults. You do not have to have children to utilize the café. There will be drive-through coffee service and the food will be mostly cold sandwiches and pastries. The recreation will be segmented for different types of play: quiet, reading, large motor and small motor skills, etc. There will be a charge for the children to use the recreation area and unlike the Little Beans in Chicago; this one will have an additional recreation area for “Big Beans” or children up to age 12. Ald. Rainey believes there will be a half court basketball court (not a full court). Ms. Ester said since it is for up to age 12, she will tell her teenage granddaughter it is not for her. Ald. Rainey said the City is working on something for teens. The Committee voted by unanimously 6-0 to recommend introduction and suspension of the rules and approval of Ordinance 36-O-14. Ald. Rainey added that while the City had nothing to do with attracting this user, the place was empty when this great use came along because the City managed to not lease to less feasible uses. (P2) Ordinance 32-O-14, Granting Special Use for a Planned Development at 835 Chicago Avenue (Chicago and Main) The Plan Commission and City staff recommend the adoption of Ordinance 32-O-14, granting Planned Development approval to construct a nine-story mixed use commercial, office, and residential building at the southeast corner of Chicago Avenue and Main Street, commonly known as 835 Chicago Avenue. For Introduction Ald. Grover moved to recommend introduction of Ordinance 32-O-14, seconded by Ald. Rainey. Chair Wynne called the developer to the podium for a presentation. Patrick Thompson, attorney representing applicant of Burke, Warren, MacKay & Serritella, P.C., introduced: John O’Donnell and Jeff Clark - O’Donnell Investment Don Copper and Ryan von Drehle - GREC Architects Luay Aboona – KLOA Traffic Consultants 263 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 3 of 18 Scott Bernstein - The Center for Neighborhood Technology Richard Aaronson - Atlantic Realty Partners, who will be the property manager Mr. Thompson said they have been in community meetings with Alderman Wynne and SPAARC meetings in December and January, as well as a Plan Commission hearing February 12th, which was continued to February 26th, at which time the Plan Commission approved the project. He asked that the transcript from the Plan Commission hearing of February 12th and 26th be incorporated into record of the current proceeding. Chair Wynne assured him that it is in the packet. Mr. Thompson thanked the City of Evanston, Mark Muenzer and Melissa Klotz for working closely with the City officials, the traffic engineer and members of the Plan Commission to help them to present what they believe is a fabulous project. He asked Mr. Copper, the architect to give a description of the project. Mr. Copper thanked the Committee and explained that the site is in close proximity to the Metra and CTA stops, making it a prime location for transit oriented development (TOD). He presented PowerPoint presentation: • Photos of the existing context • The currently vacant site of the proposal • 35,000 sq. ft. • Showed views from all directions • Rendering of the 9 story project • Illustration of the “contemporary design with high quality materials that relate to the existing buildings in the neighborhood” • Materials: o Brick masonry o Stone and terra cotta base o Great deal of glass for residents’ visibility o Glass on 2nd floor incubator office space and tenant amenities • Grade level to be primarily retail • Parking: majority is 1 level below grade with a number of ground floor spaces as well as the opportunity to expand with tandem and mechanical lift parking on west side • Area & site plan illustrating compliance with the Chicago Avenue Streetscape setback requirement, which widens the sidewalk, allowing them to provide new landscaping, enhancing the pedestrian experience • Main Street existing sidewalk is 14’ wide; they will be adding considerable landscaping to the Main Street side • Worked very closely with City agencies on vehicular circulation to minimize impact on local auto and pedestrian circulation • Grade level along Main and most of Chicago: retail • Corner is the building’s lease office • Residential entry lobby on Main St. • Multi-use parking on south half of building, ground floor • Loading: 2 berths off alley • Right turn only egress from parking lot onto Chicago Ave. 264 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 4 of 18 • Widening alley by setting building back 10’ on alley side • Moving existing power lines and poles underground at developer’s expense • Landscaping to include shade trees and low perennial plantings in planters along sidewalk • 2nd level plan: offices and indoor amenities directly adjacent to outdoor amenity deck, created by setting back east side of building from Main Street, to reduce the street wall effect along Main St. • Landscaping on amenity deck will be visible from the Chicago Ave. as well as Main St. when it is mature • Levels 3-9 residential; 16 units each with studios, 1-bedrooms, 2-bedrooms and one 3-bedroom unit on each floor • Elevations indicating height of proposed development in relation to surrounding buildings: o West from Chicago: proposed maximum height is 97’; existing 105’ 9- story building directly north, across Main St. o East, fronting alley: continue quality of materials that are along the retail side in order to eliminate “service” look o South: will not be visible because there is an existing building directly south o North: glassy retail storefronts with canopies and lighting o North: 2nd level deck, 20’+ above grade level • Rendering of the block looking north with the building stitched into the photograph, illustrating the building relating to the existing neighborhood • Illustration of the setback on Chicago Ave. • Illustration of the Main St. view with the mature trees on the 2nd floor outdoor amenity area • East side of building is set back significantly in order to not impose on Main St. • Creating enhanced landscaping on street level of Main St. as well Chair Wynne asked for detail about the alley corner • Per suggestions made at community meetings, they have created a 5’ – 7’ setback at alley with a glassy corner to mitigate any alley vehicular conflicts with pedestrians on Main St. At Ald. Fiske’s inquiry, Mr. Copper said the trees on the amenity deck will be in pre-cast planters, which are usually 3’ deep; the species have not yet been specified. Mr. Copper will get back to Ald. Fiske regarding the species. Mr. Copper presented a rendering of the building at night with lighting showing how the grade level will light the sidewalk from within, but also supplementing the façade with lighting that will be inviting and secure. C1A Planned Development allowances applied for: • 112 dwelling units vs. allowable 122 • F.A.R. 4.86 vs. PD allowable of 5.5 • Maximum allowable height of 97’; proposing 97’ 265 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 5 of 18 • 15’ allowance for setback for enclosed parking, which will not be visible from the local sidewalks; 15’ allowed • Loading: 2 loading berths (which they think more than adequate because none of the uses are very large) plus a dedicated berth for waste pickup, 25’ deep within the building (plus the 10’ setback, which accommodates the 35’ setback) vs. the 5 loading berths, 10’ X 35’ deep, required by the zoning ordinance because of the number uses in the building, regardless of the size of the uses Mr. Aboona, traffic consultant with KLOA reported that he worked very closely with the City’s traffic engineering staff to develop an access plan that is workable for the project as well as minimizing impact on the street system. He presented a slide that illustrated right turn only egress on Chicago Avenue to minimize impact on traffic and pedestrians, given the proximity to the signal at Chicago and Main Streets. There will be stop sign control and signage designating “No Left Turn Out” and a sign facing Chicago Avenue stating “Do Not Enter” and striping to force people to make a right hand turn onto the street. The rest of the access will be off the alley for the garage access and loading docks. The building will be set back an additional 10’ to provide additional area for truck maneuvers as well as vehicular maneuvers. The corner of the building will also be set back to improve the sight lines as vehicles are exiting the alley onto Main Street. As part of the traffic study, they reviewed area traffic at the intersections of Chicago and Main and Chicago and Kedzie and they took a count of alley traffic. They concluded: • As this is a transit oriented development (TOD) in close proximity to major train stations and bus lines and downtown Evanston, much of the traffic will be reduced during peak hours as more people will be seeking alternative modes of transportation, so they concluded that the development will not have significant impact on the roadway system • The intersections will continue to operate at acceptable service levels; they are eliminating the first 4 parking spaces south of Main, on the east side of Chicago Avenue in order to provide a northbound right turn lane mirroring the one that exists on the north side of Main Street, southbound, to improve the flow of traffic • Alley will be able to accommodate the limited amount of new traffic generated by the development, both vehicular and truck; considering the count they took, they believe alley traffic is not significant, averaging one car every two minutes • Alley access will reduce traffic on Chicago Avenue and pedestrian conflict Scott Bernstein, President of the Center for Neighborhood Technology in Chicago and a resident of 917 Elmwood, a couple blocks west of the development, said his organization has some expertise in measuring the effectiveness of TOD, around not only the region, but the country. He said, for the record, that they were not paid for this testimony. He said: • The national trend in TOD is being driven by the national trend in driving, which in turn are being driven by the changing demographics of the population. 266 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 6 of 18 • They are seeing a slow shrinking in the number of people per household and a drop in the demand for home ownership and an increase in the demand for rental housing, resulting in fewer people per household, fewer cars per household and fewer vehicle miles traveled per household per year. • Hundreds of jurisdictions across the country have responded by in effect down zoning their minimum parking requirements, typically by 25-50%, although in San Francisco you can now build a building without parking, by right and apply to put some spaces back in, if desired. • In Portland 13 buildings have been built without parking and in Chicago at Division, Ashland and Milwaukee a 99 unit building was successfully built and leased up without parking, which they believe was further enhanced by the presence of both the CTA and car-sharing, similar to the development proposed at Chicago and Main. • Chicago and Main is one of the very few locations where both the CTA and Metra come together. Evanston is fortunate in having its own train line and 2 Evanston stops have those shared commuter and rapid transit service plus the associated Pace bus routes and the Northwestern University shuttle and the bike lane. • They measured current car ownership around the Main St. station and found: o Within a half mile of the 2 stations, households own an average of 1.28 vehicles within a quarter of a mile, the number drops to 1.17 o Within that quarter of a mile, there are 861 renters and 25% have no car at all o 70% of the half mile radius households have only 0 or 1 vehicle o Within a quarter mile, owners have 1.8 cars per household and renters have less than 1 or 0.93 vehicles per household • From 2000 to 2009, the percentage of commuters who walk, bike or take transit to work increased from 30-33% or 10% • City-wide, Evanston is unique among suburbs in that over half of all commuters do not drive to work alone. He said the number who carpool, take transit, walk or bike illustrates the effects of the trend. At Chair Wynne’s inquiry, Mr. Bernstein provided the source of his data: car ownership and commuting were measured in the Annual American Community Survey of the census. The most recent release covered the 2008 -2012 level down to the census block group, and these numbers come very close to vehicle registration data, when they are allowed to sample it from time to time, from the State of Illinois, of course considering that not everyone registers a car. Mr. Bernstein continued: • From 2000 to 2012, the number of zero car households in Evanston jumped from 946 to 3400 even though total households declined by 2,000 • This trend is anticipated to continue, both for the younger generation and for people in their 60’s and people who are older are driving less as well • They expect these trends to be reinforced due to the rising cost of driving 267 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 7 of 18 Mr. Bernstein said his company operated the I-Go car service for 10 years and sold it last year to Enterprise Holdings. They found that: • Every car they put out there was used, on average, by 37 households • Surveys taken every year over a 4 year period revealed that roughly half of their members sold a car within a year of joining I-Go; every I-Go car put out there was taking 17 cars off the road. • These statistics were irrespective of the income of the community • ZipCar did a similar survey that showed they are taking 15 cars off the road • They also found associated with car sharing, was a change in behavior: people would make a rational decision to use the CTA or Metra or car- pooling for their journey to work, which is 1 trip out of 5 taken in Evanston, and the other 4 trips out of 5 are for going to school, shopping, eating, medical services, visiting friends, or going to or from a house of worship • They use the car for the short-distance trips and save 10-15% on their cost of living as a result, which is an important reinforcement • They increase their walking, biking and increase their sharing of shared cars • There are fewer cars out there because of car sharing services and fewer cars out there for the longer distance journey to work because of commuting, this is what results in a lower demand for parking overall, and the data shows it is even better for renters than for owners. Mr. Bernstein concluded that Evanston is very fortunate to have a legacy transit system, to have an urban design that supports walking, to allow for mixed use development and all these factors reinforce each other. So if the opportunity arises to reduce an inefficient use of land in favor of an efficient one and to provide more transportation options for the surrounding neighbor every time one of the parking down-zoning decisions are made, we see that as providing a net community benefit. He said they would be happy to offer the perspectives to the City on a continuing basis. Mr. Bernstein offered to answer any questions. Ald. Grover asked Mr. Bernstein, regarding his comment that the development is responding to the TOD trends, which dictate a lower demand for cars, whether the building itself could contribute to its own success as a TOD by promoting and supporting TOD besides through car-sharing and providing bicycle infrastructure, because it is taking the public a little longer to get used to the idea of down-zoning for parking. She said she is looking for this building to ramp up amenities that would serve residents so that they do indeed, self select this building because they are not looking to acquire a car or are perhaps looking to downsize their car acquisition. Mr. Bernstein replied that there are examples here and around the country that reinforce the message; they can give local traffic reports within the building, which are easy to get on demand currently; offices in Wicker Park have utilized the CTA’s closed channel to share in train tracking and bus tracking. One coffee shop has an oversized LCD screen for public use showing when the next couple of buses are coming in each direction, a very low cost way of increasing access to real 268 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 8 of 18 time information that reinforces public transit use. He said he has found buildings that have services that counsel tenants on how to schedule their time to use the trains effectively, how to share a car and how to set up a carpool but unfortunately, government cannot do everything. He said it should encourage building owners to provide these services, but where the services exist and they are very low cost, they can help. The shared cars are a community amenity wherever they are and the more of them that the developer provides, the more actual transportation choice will be available to the community. Ald. Grover confirmed with him that the shared cars will be a community amenity, not just a building amenity and that the car shares are serving more than just the residents. Mr. Bernstein said there are new apps, Spot Hero and Park Circa that allow people to let others know that their leased spaces are available for a relatively moderate price – $2-$4 for 12 hours of parking. He said he believes it would be a smart move of the City to encourage those sorts of applications. The more reinforcements you can provide similar to these, the more likely it is that they will use them. Mr. Bernstein said they are experimenting with home economics at the high school level, which was created originally to counsel people on how to lower their cost of living. Driver’s Ed teaches people how to buy a car responsibly, but it doesn’t teach people how to avoid the unnecessary expense of driving; they need to be cognizant of that. He said these are things that could reasonably be expected of a responsible building owner. They’ll find the demand for those extra services such as car sharing, increases their willingness to support those services. Richard Aaronson, co-founder and principal of Atlantic Realty Partners, who will be the operating partner for the project, said they have over 10 years of experience in Evanston, developing and managing multi-family projects such as The Reserve and the Sienna condo final phases. They are delighted that the O’Donnell Company has selected them to participate in this project. He addressed Ald. Grover saying he appreciated her comment, which is relevant their experience in Evanston as it relates to the specific marketing, demographics and parking related to the proposal. He thanked Mr. Bernstein for his comments, most importantly, as they relate to building a resident profile that is oriented towards utilization of transit. They are marketing to that consumer on the modes of transportation and on various websites that are associated with commuting, in addition to using conventional marketing channels for housing. Their business is indirectly a retail business as they are constantly marketing and selling their product, which is different from a condo building where it is a one-time sale process. He said it will be a key differentiator that this site is one of the few that benefits from both a Metra and a CTA stop. Based on their experience, their demographic will continue to be the primary demographic of most new multi-family projects in the Chicago area: younger singles, younger couples and roommates. They have found that 50% of singles have a car, couples and roommates typically have 1 car and they have found Evanston to be a great market for dual income households such as roommates or couples where one is commuting without a 269 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 9 of 18 car, one with. They have a number of smaller families, in many cases single parent families with one car; empty nesters, a growing type of resident of their developments who typically have 1 car and typically it would be graduate students at this distance from NWU, of which 20% have cars. They will be offering incentives to attract and encourage transit utilization such as bike storage, the provision of transit passes and free membership in their car- sharing program. Regarding parking, they have collected data reflecting the number of parking spaces being used in their buildings that are reasonably close to transit, which shows that .85 parking spaces are being used at The Reserve and 1.01 spaces are being used at AMLI (based on the 145 occupied units of the 195 leased). Regarding parking, Mr. Aaronson said: • The lower level has approximately 76 single stalls which will be available on a permit/open parking basis • Assigned parking in the dual spaces • The open/permit parking will allow them the benefit of using the spaces as swing spaces for office users • They expect to offset 15-25 spaces with office parking while residents are at work, so it is a perfect co-activity, addressing the residence and office parking needs • On the main level, there will be 13 dedicated retail spaces, 2 car-share spaces and 15 additional retail/residential spaces, similar to the office/swing spaces, vacated during the day by people that are working • They have a 50-bike room with the ability to expand it, depending on use • Because of the size of the property and the multiple uses, and because they have an ongoing marketing and leasing function, they will keep full time staff, 7 days a week, 365 days a year, comprehensively managing the parking • They will use an access control key system that will allow management to control access to the lower level • Appropriate signage and other markings will indicate the other retail and shared parking areas • An available lift could be installed at one end of the lower level of the parking garage. He said they have had a lot of interest in it and there is a building being proposed in the west loop that is 100% hydraulic, actuated parking on 3 levels, so he believes there is a trend toward it • They are confident and comfortable with the lift product. John O’Donnell, of the sponsorship group, said they are very pleased for the opportunity to work on this extraordinary site and opportunity. He said Evanston is unique as a North Shore community in that it blends the feeling of a Wrigleyville neighborhood with the benefits of the North Shore and the transportation characteristic is the best in terms of developing a TOD. They have had the good fortune of working with the City and staff for almost 4 years to plan the very best building for the site, and that is their goal. The mixed use 270 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 10 of 18 provides a number of opportunities: not only can it minimize parking but there is a shared parking element that allows counter-cyclical parking uses to minimize traffic congestion as well as parking needs. They believe the design is very contemporary using classical materials in context with the neighborhood. He said they used a design they saw in Manhattan condos in New York. He noted that the below grade parking they are putting in is much more expensive, but much more aesthetically appealing and works well with this site. They are hoping to enhance the pedestrian experience with landscaping, tying into the Chicago Avenue Streetscape Plan. The building will be LEED silver, over and above the transportation attempt to minimize a carbon footprint. He said, regarding the demographic, that they are trying to create a building marketed to a person with motivations congruent with theirs: predominantly young professional couples who may currently live in the Chicago and may be giving up their cars, which they want to enable them to do, and to empty nesters. Their plan will subsidize the use of public transportation. They did add 23 parking spaces in response to the Plan Commission’s concerns for parking and elaborated on their shared parking concept. They have minimized the curb cut on Chicago Avenue in response to staff’s traffic concerns. They applied with the City for a state grant for ultra high speed internet, which will benefit their property, the City and Northwestern University, with whom they are co-applicants, plus a minimum of 1,000 households in the vicinity. They have discussed with staff several public benefits: • Setback, hardscape and landscape improvements • Hiring Evanston residents to make sure they are well-represented • Paying the City a perpetual payment upfront for the replacement of 4 parking revenue meters; • Will pay for the use of some parking spaces during construction, as necessary • Relocating utilities below grade, eliminating utility poles, which will enhance alley traffic • Discussed contributing up to $50,000 to enhance the park that is intended to go across the street • Will comply with the affordable housing fund in the event that the project ever goes to condominium He thanked the Committee for their consideration. Ald. Fiske asked whether the retail parking in the building would be metered and how they will keep tenants from parking in the retail parking area, and whether the entrance to the retail parking is where the four meters are. Mr. Aaronson replied that the turn lane is what will replace the area of the four parking meters. He said through signage, 30 or 60 minute parking monitored by staff marking cars or placing notes on cars, they will prevent people from parking. He said typically they do not like to boot or tow, but sometimes they must. Typically it is a process of making sure everyone understands that the 271 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 11 of 18 policy is going to be enforced and once they start enforcing it, people are forced to comply if it is managed well, and it will be. At Ald. Fiske’s inquiry, Mr. Muenzer said the payment for the removal of the spaces is being negotiated but it currently stands at a one time payment of $72,000. Ald. Fiske asked Mr. O’Donnell whether he considered allowing the City to put parking meters in the retail spots, to which he replied that they have not considered it because they try to have a signage program, but that they will. Ald. Fiske said she suggested it because it would be a way to keep the spaces clear to benefit the retail tenants. Ald. Rainey commented that of the entire project, parking is the weakest piece. She said you can’t control it if you’re not law enforcement unless you call for towing or have a private towing or booting service. She said she believes Ald. Fiske’s idea is great because it would save the project $72,000 if they would just trade the spaces on Chicago Avenue for meters. She suggested they think about it. The issue with the 4 meters is that anyone could use them but that is what is going to happen with the other spaces that have no meters. Mr. O’Donnell said he had not thought of that and he would like to consider it. Chair Wynne called the public who wished to speak, to the podium. Niki Hiltwein of 820 Hinman said she is down the alley about half a block from 835 Chicago. She said the developer’s presentation has changed since the Plan Commission meeting and she would like to reconsider and address her new issues at a future time. Chair Wynne said she would have another opportunity to present. Ms. Hiltwein explained that the corner of Main & Chicago is an established neighborhood with businesses and residents: the alley is where they co-exist and this is where C1A meets residential. She showed slides and illustrated: • The northeast corner of the alley where their stairwell enclosure will be, adjacent to the lot line, 40’ long by 20’ high • Directly across the alley are 5 dumpsters, 4’ X 6’ each equaling 30’, plus one rollaway cart adding a couple of feet, serving the entire Evanshire Building; not all Lucky Platter Restaurant dumpsters • Garbage is picked up 6 days a week • A slide showed the alley with a garbage truck, illustrating the amount of clearance on the side of the garbage truck. Ms. Hiltwein said the utility poles are adjacent to the lot line • Ms. Hiltwein noted that the 10’ setback they have said they are giving the City is required by zoning law because they are across from residential • Lucky Platter at the end is still C1A, so there is no mandatory 10’ setback • Ms. Hiltwein showed slides illustrating the uses generated by Lucky Platter and others in that building, which houses 2 very successful restaurants that use that alley, including a big Sisco Foods semi that will be parked there and deliveries of beverages, wine, restaurant supplies and linens 272 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 12 of 18 • Ms. Hiltwein said all of the photos were taken in the week before the February 26th Plan Commission meeting. She did not stand outside looking for photo opportunities as it was bitterly cold and there was a great deal of snow. She said she just had a camera in her pocket when she went outside. She did not stage any of the photos - it is just a week’s worth of traffic. • Slides illustrated that it is not just trucks and cars, but there are pedestrians, bicycle riders, dogs and cars all going through the very busy alley at once • A slide further south in the alley, illustrated cars trying to pass each other in the alley with more pedestrians and FedEx, UPS delivery trucks and workmen’s vehicles • A slide of a garbage truck on the south end of the alley blocking a garbage truck on the north end of the alley and 2 cars trying to exit the alley, in which case one of the garbage trucks backed up to allow passage. Ald. Rainey said she could see where there can be conflict. She is on an all residential single family street and they have conflicts in their alley. But, she said, this is why we have alleys – so we can have deliveries and garbage pickup and garages off the residential and main street. She said she is seeing some conflict and garbage pickup in the alley, but patience is a virtue and her main concern is why the dumpsters are so full. She said if they are emptied 6 days a week she thinks the Community Development Dept. should probably look into that. Ald. Rainey said the snow in the photos is not there year round and she does not see the presentation as a real negative. Chair Wynne said she has asked staff to do a sources and uses analysis of the alley to find out whether some of these dumpsters are supposed to be elsewhere, and maybe the ones near the Evanshire have come onto the west side because the lot has been vacant. She has asked staff to find out ways that, through enforcement, the City can improve how this alley works. She said it may be that there are issues that have gradually encroached on the alley and made it more difficult, but there is no question that this alley functions as everything: street, loading berth, alley and delivery area. Ald. Holmes suggested that the garbage was very full because of weather problems, to which Ms. Hiltwein replied that unfortunately the garbage is that full most of the time. Ald. Rainey said it shouldn’t be and it is very objectionable and she is more concerned about the garbage than the traffic. Chair Wynne said the City Manager and staff are doing this analysis to figure out what the City should do to make this alley work better and will be reporting back at the next meeting. Ms. Hiltwein concluded that she was illustrating that there is no room, because the wall sits at the lot line, for anyone to pass a truck, or anything else. This end of the alley is the only entrance and loading dock area for the Presidential, with 120 units. Chair Wynne thanked her. 273 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 13 of 18 Michael McElwee of 515 Main Street thanked the Committee for the process and he said he liked the developer’s presentation, which he has seen several times. He said he believes the main issue is parking because it seems that some assumptions are being made regarding the proximity to transportation. He said any apartment in that location, if they just did a couple of extra things, would achieve Silver LEED. He said he understands there are 99 spots and the code says normally 146-150 would be required, so they are asking for a shortfall of about 50 spots and on top of that, in the credit for the 100 spots they are providing, they make an assumption that some of the retail spots will be offered up as residential in off hours. He asked, if they go to the meters, whether it will prevent that from happening and whether if some of the retail spots on the first floor are restaurants, which are open fairly late, the people who work at the restaurants will need to park there all day. He said he was happy to hear that more parking was added as a result of the last town hall meeting but he found “the opportunity for hydraulic spots to be provided, as needed”, confusing. He asked whether it means they will be installed if people need an extra spot, because once the project is permitted, what is going to enforce them to add the extra hydraulic spots “as needed.” He saw in the slide a list of other things that are under consideration for adding to the building, but again, once all the permitting is given for the building and he understands that people are trying to make money and he does not begrudge them the opportunity to make it, but, he asked, if there are things they are just considering that will cost them money, why would they do them? Chair Wynne explained that the current process is to determine what will be required to be done. Carl Bova of 1322 Rosalie Street, said he lives very close to a building that does not have any appreciable amount of parking, however they do have off- street parking available to them across the street, which the residents choose not to use. He had distributed a photo of the street to the Committee members. He said it is a quality of life issue whenever there is spillover. He said he would like to open the discussion by indicating to the public that he has a 4-page series of notes related to the subject. Chair Wynne asked that he limit the time of his presentation, to which Mr. Bova replied that others have been given the same opportunities to speak and he would like to continue but will take that into consideration. Mr. Bova pointed out that Portland and San Francisco are widely different from Evanston and cannot be compared to Evanston with respect to anything related to the use of automobiles. In addition, Evanston has about 45,000 cars and has had 45,000 cars for about the last 8 years. There has been no reduction in the number of cars in Evanston. No one is selling their cars; at most, people are going possibly from 2 cars to 1, but not to zero, and he said he heard a great deal of zeros in the presentation. Mr. Bova continued saying the single greatest difference between Evanston and Portland is that Portland sits, since 1973, in what is called an urban growth boundary. No development is allowed beyond the boundary of the county, centralizing all the development and employment and makes actual use of transit real. That is not the case in Evanston; people continue to use their cars to get to work and at best, if not using them, they 274 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 14 of 18 need to be stored somewhere. Mr. Bova said an advocate and City staff made the assertion that 12% of Evanstonians own zero cars and 66% own zero or one car, and tonight he heard that figure jumped up to 70%. He said when asked, the advocate did not know how many people owned one or two cars, nor is staff revealing that. Mr. Bova said, based on the U.S. census, 78% of Evanston households own 1 or 2 cars. He asked whether the Committee thought there would be one car per unit and said he does not think so. Mr. Bova said tandem and lifts are simply not effective and used only the densest areas under adverse economic conditions, such as in downtown Chicago and Manhattan, and not Evanston. In addition, the one that is included in the plans does not even work because it isn’t high enough to work: SUV’s and ordinary sedans cannot fit in a 2-stall arrangement the way it is shown on the plans. He added that tandem spaces don’t work either. Mr. Bova said the number of cars per unit is not the measure of acceptance. He said at the Plan Commission meeting, staff prepared a document that identified the number of bedrooms and the parking stalls provided. This document did not make it into the Committee’s packet, nor has it ever been seen by the public. The problem is that the number of stalls per unit is not accurate with respect to how the development is or is not meeting code. Code determines the required parking stalls by assessing the number of stalls per bedroom, not the number of units, so it is logical that the 2 or 3 bedroom units, which are fairly significant in number, are very likely to have 1 or more cars, which is recognized by the code. Since this development does have a very high percentage of 2 or 3 bedroom units, it is even more likely that this development will be dreadfully insufficient with respect to onsite parking. Further, he said, also not included in the packet is the fact that City owned parking lots in this area are over capacity and have waiting lists, so spillover, as the photo may indicate, will occur, and there will be definite adverse effects caused by that spillover, to the neighboring community. Mr. Bova continued: Staff’s memo also includes 8 comparative developments that seemingly support a finding of fewer stalls, as the applicant proposes, versus the need for more stalls, as Mr. Bova contends. The table contains 5 examples where the developments are close to public garages, and therefore that consideration was made when those lesser numbers of parking stalls were permitted by the City. A 6th example, Central Station, has an agreement to use, Mr. Bova believes, 30 stalls at Ryan Field. When you add those 30 stalls, that development does not have a 1 to 1 parking ratio, but a 1.39 parking ratio. So 6 out of 8 do not meet that criteria, yet they are purported to be all great examples of where you would have a lesser need for parking. Mr. Bova agrees that lesser need for parking is something that the City should be looking at and he is sure they are all tired of looking at the code, which definitely over estimates the number of stalls that should be required, but not to this drastically reduced effect. Mr. Bova said this is a dangerous situation. Staff itself identifies congestion as an issue but it dismisses it as minor in light 275 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 15 of 18 of I-Go cars and a TOD, which is not effective in Evanston because even though there have been 5,000 extra residents in the downtown area, use of public transit in the downtown station has not increased appreciably. It may work elsewhere, under different circumstances, but it is not the same here. People do have cars and they use them and store them on their property. He thanked the Committee. Chair Wynne thanked him. Ester Hargitai of 515 Main Street thanked the Committee for the opportunity to comment and for the presentation and asked that the Committee consider her comments. She noted that the annual board meeting of 515 Main is occurring at the same time as this meeting and that is why there are few of its residents present, but she believes they represent the voice of more than those present. She said there was some cherry picking as to the information the developer shared, for example, the slides did not include data about 515 Main and their parking allocation, which would not make the development’s proposed parking ratio look good. She also asked the Committee to note that there were factual errors. For example, the AMLI building is directly across from an EL station, not 2 blocks from transit. She said she found it interesting that the developers contracted with a company for a traffic study, but the slide presented contained no data, so they were told lots of comments about how “this is not a problem” and “it is minimal” and “it is not going to affect anything,” but not shown any numbers of that study and the person presenting the information also made judgment calls about how it is not going to be a problem but didn’t share what those judgment calls were based upon. Clearly these are subjective issues. Chair Wynne said that City staff can provide Ms. Hargitai with the data that was used. Ms. Hargitai said she is glad that the data exists, but it wasn’t shown in the presentation. Ms. Hargitai said the developers say that they’ve added more parking spots since the last meeting but reminded the Committee that they are also removing four. Regarding the Northwestern shuttle, Ms. Hargitai said as an employee of NWU and someone who uses the shuttle on occasion, she knows that NWU is very specific on how those shuttles are not meant for commuters. They already run at capacity and she recently wrote to the office to request an increase in the number of shuttles because they are so full, when she was told they are not meant for commuters. She said they heard helpful data about national statistics but this is a very specific local issue and she does not believe there were results from a study done of actual local residents. For example, if they surveyed the residents of 515 Main, they would probably find that while many of them do take the El and the Metra and some take the shuttle and walk, they nonetheless own cars and use their parking spots, which are very important. She added that, out of respect to residents who’d like to comment, if the Committee is going to ask that they limit their time, she thinks that in future meetings they should limit the development presenters’ time. Chair Wynne thanked her. Heekyung Sung, an architect living at 1121 Church Street, distributed his presentation to the Committee and said since the building was proposed in February he has done some research after he attended the Plan Commission meeting. He found that 835 Chicago Avenue is in a C1A Zoning District, which 276 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 16 of 18 is the only C1A district in Evanston, extending along Chicago Avenue from Lee St. to South Blvd. He said the transportation consultant mentioned a ¼ mile as a TOD area and Mr. Sung measured a ¼ mile from the purple line station, which includes 900 Chicago Avenue, 515 Main Street and 835 Chicago Avenue, and the AMLI development, south of Kedzie Avenue. He said Main Street is only 21’ wide, a narrow, one lane street, and the alley is only 20’. He said there is a 7-story building at 900 Chicago Avenue completed in 2005 and that 515 Main Street, at 9-stories is 97’ high, not 105’. He showed a slide of AMLI, south of Kedzie, completed in 2013 which has an 18’ sidewalk along Chicago Avenue and an approximately 3,500 sq. ft. open space building plaza on the corner. Mr. Sung said he did a zoning analysis for a C1A Planned Development (PD): • Maximum units allowed: 87; Proposing 112 units, 29% over allowed, which is allowed for a planned development • F.A.R. gross inhabitable area divided by lot line allowed: 4.0; requesting 4.8 with a height of 97’ (the maximum allowable for a PD) • Residential Parking: 223 required including 156 residential; with 49 1- bedroom, 49 2-bedroom and 7 3-bedroom; propose to provide 74 underground and 15 ground level; they could increase by tandem and hydraulic lift, which are not legal parking spaces; they are proposing only 104 legal parking spaces • Parking for retail: minimum required: 35 spaces; proposing to provide 13 • Parking for office: minimum required: 32 spaces but proposing 0 • Parking total: proposing only 47% of the total parking required • Alley setback: no setback from Main St. alley entry for 50’; after that 10’ required setback • South side setback to abutting 2-story building: 5’ required; proposing 0’ Mr. Sung said December 8, 2008 meeting minutes of the P&D Committee state that it is a great transit oriented rental development and here there are 214 units and about 4,008 sq. ft. retail with no office, 312 parking spaces. Originally it was proposed as a 280 unit but it was reduced to 214 units due to feedback from neighbors. He presented a chart comparing 1717 Ridge, which is only residential and it is in a different zoning district, so it is not a good comparison. He only compared buildings within the C1A zoning district for his zoning analysis: AMLI: 80,000 sq. ft., 5 stories, 3.8 F.A.R., according to the meeting minutes, proposing 8,000 sq. ft. retail, 18 parking spaces for retail and 294 parking spaces for 214 residential units (approximately 1.3 ratio) 515 Main St.: approximately the same size as 835 Chicago Ave.: 30,000 sq. ft. and 97’, 3.6 F.A.R., 36 units and 7,300 sq. ft. of retail, no office; providing 70 parking spaces for residents and 20 parking spaces for retail (provided more than the number of required parking spaces) 900 Chicago Ave. (built 2005): 7 stories, 76 units and 140 parking spaces 277 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 17 of 18 Mr. Sung concluded that the problem is the high F.A.R. There are so many units in a small lot area that it is causing the parking and setback problems. He believes they should lower the number of units to solve the problems. He is currently working with a developer in Chicago that proposed an 11 story building but in response to neighbors’ comments is lowering it to 10 stories. He asked why they cannot do it here. Jin Ko of 515 Main Street said she attended the last two Plan Commission meetings and from the presentation made by the developers she understands that the property will be rental for now, but will turn into condos eventually, which will add more serious problems because it will change the demographics and car ownership is significantly higher among home owners compared to renters. She said they already have a parking problem but it will add more problems. Most of the developers don’t live in the area, but the residents are the ones who have to live with the negative permanent consequences. Charlie Portis of 1212 Lake Shore Blvd. said regarding the proposed office space, that he has been in the commercial real estate field for over 25 years and lived in Evanston for about 4 years, and he is a senior Vice President at J. F. McKinney and Associates, where he has been involved in approximately a half million square feet of new, speculative office development in the last 15 years in the north and northwest suburbs. He thinks the office portion is a welcome addition, especially with the transit. There is not a great deal of office space being proposed currently – he believes it is 13,000 or 14,000 sq. ft. and he thinks it will do very well with both the El and the Metra, which are very attractive in terms of getting people to the space. He said that many times when people are looking to move to the suburbs, one of the big challenges is how they can attract that work force that lives near the red line or wants to take the Metra and it is very difficult in the suburbs. He explained that most of the downtowns, like Highland Park’s and Glencoe’s do not have office space, and if you go to where the office space is, there is no Metra stop. So he believes from a transit standpoint it checks the box. It also checks the box in terms of area amenities, with Starbucks, Brothers K, Hoosier Mama, Lucky Platter and the Alcove nearby. It is a vibrant environment with a place to get food and again, it will attract people that want to bring their business whether they live in Evanston or they like Evanston and they can bring their needed workforce in. Mr. Portis said the amenity center on the 2nd floor is what all the top downtown buildings are doing now and even though Evanston is a suburb, it has a lot of urban characteristics and he believes the amenity center will be very appealing. He said an incubator space is a great use but he said he could also see your regular vanilla office user gravitating to this space. He said the Evanston office market is very vibrant relative to other communities. Office has struggled, but he thinks this space will get a great reception and it opens the possibility for more office space in this area. He does not have any in mind, but he thinks this can prove the viability of this use, which creates a lot of economic development, and he hopes that it goes forward and he thinks 278 of 537 Planning & Development Committee Meeting Minutes of 3-24-14 Page 18 of 18 everyone will be pleasantly surprised at how quickly this office space leases up. Chair Wynne asked for discussion from the Committee. Chair Wynne said there are a number of issues that have been raised that she believes will require a second meeting, and given the time, she suggested holding it in Committee. Ald. Holmes agreed. Chair Wynne said it would be held in committee and noted that the next P&D meeting is during the Spring break of the 2 Evanston school districts and she will not be present and she said she believes other Committee members would not be present, so she suggested having it come forward at the April 28th meeting because they will have a full complement of the City Council members. Ald. Rainey said then it will take a month and a half versus two meetings. Ald. Rainey moved introduction and she would hope that the Committee would approve moving introduction and referring it back to Committee, seconded by Ald. Grover. The Committee voted unanimously 6-0 to recommend introduction of Ordinance 32-O-14, and for it to be referred back to the Planning & Development Committee for the April 28, 2014 meeting. IV. ITEMS FOR DISCUSSION There were no items for discussion. V. COMMUNICATIONS There were no communications. VI. ADJOURNMENT Ald. Grover moved to adjourn, seconded by Ald. Wilson. The Committee voted unanimously to adjourn. The meeting was adjourned at 9:07 p.m. Respectfully submitted, Bobbie Newman 279 of 537 For City Council meeting of April 8, 2014 Item P1 Resolution 18-R-14: Honorary Street Name Sign Hecky Powell Way For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Citizens’ Advisory Committee on Public Place Names Joe McRae, Director of Parks, Recreation and Community Services Subject: Resolution 18-R-14 Designating the Portion of Emerson Street between Asbury Avenue and Green Bay Road with the Honorary Street Name Sign, “Hecky Powell Way” Date: March 26, 2014 Recommended Action: The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 18-R-14. Funding Source: Funds for the honorary street name sign program comes from the Streets and Sanitation Division’s materials account #2670.65115 which has a budgeted amount of $40,000. Three street signs are made for the honoree. One sign is installed at each end of the designated one block area and the third sign is given to the honoree. The approximate cost to create each honorary street name sign is $200. Summary: The Honorary Street Name Sign program was established in 1996 to allow citizens the opportunity to honor individuals or groups that have made significant contributions to the City. The program is administered by the Citizens’ Advisory Committee on Public Place Names through the Department of Parks, Recreation and Community Services. The request for an honorary designation has to originate with an Alderman and each Alderman may have one honorary designation approved each year. Honorary street name signs are displayed for a period of 10 years and the portion of a street so designated is one block long. At the March 11, 2014 meeting, the Citizens’ Advisory Committee on Public Place Names reviewed the honorary street name sign application submitted by Cheryl Judice and supported by Alderman Delores Holmes. It was a unanimous decision by the Committee to recommend approval of designating an honorary street name sign honoring Hecky Powell. ------------------------------------------------------------------------------------- Memorandum 280 of 537 Attachments: Resolution 18-R-14 Honorary Street Name Sign Application for Hecky Powell Page 2 of 2 281 of 537 282 of 537 283 of 537 284 of 537 285 of 537 286 of 537 287 of 537 288 of 537 289 of 537 For City Council meeting of April 8, 2014 Item P2 Resolution 19-R-14: Honorary Street Name Sign Crown Family Way For Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Citizens’ Advisory Committee on Public Place Names Joe McRae, Director of Parks, Recreation and Community Services Subject: Resolution 19-R-14 Designating the Portion of Dodge Avenue between Main Street and Lee Street with the Honorary Street Name Sign, “Crown Family Way”. Date: March 26, 2014 Recommended Action: The Citizens’ Advisory Committee on Public Place Names recommends approval of Resolution 19-R-14. Funding Source: Funds for the honorary street name sign program comes from the Streets and Sanitation Division’s materials account #2670.65115 which has a budgeted amount of $40,000. Three street signs are made for the honoree. One sign is installed at each end of the designated one block area and the third sign is given to the honoree. The approximate cost to create each honorary street name sign is $200. Summary: The Honorary Street Name Sign program was established in 1996 to allow citizens the opportunity to honor individuals or groups that have made significant contributions to the City. The program is administered by the Citizens’ Advisory Committee on Public Place Names through the Department of Parks, Recreation and Community Services. The request for an honorary designation has to originate with an Alderman and each Alderman may have one honorary designation approved each year. Honorary street name signs are displayed for a period of ten-years and the portion of a street so designated is one block long. At the March 11, 2014 meeting, the Citizens’ Advisory Committee on Public Place Names reviewed the honorary street name sign application submitted by Daniel and Lisa Stein and supported by Alderman Donald Wilson. It was a unanimous decision by the Committee to recommend approval of designating an honorary street name sign honoring the Crown Family. Memorandum 290 of 537 ------------------------------------------------------------------------------------- Attachments: Resolution 19-R-14 Honorary Street Name Sign Application for the Crown Family Page 2 of 2 291 of 537 292 of 537 293 of 537 294 of 537 295 of 537 296 of 537 For City Council meeting of April 8, 2014 Item P3 Ordinance 48-O-14 Application for a Special Use for a Type 2 Restaurant, Starbucks, and a Drive-Through Facility at 1901 Dempster Street For Introduction & Action To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Director of Community Development Melissa Klotz, Interim Zoning Administrator, Planning and Zoning Division Subject: Ordinance 48-O-14, Granting a Special Use for a Type 2 Restaurant, Starbucks, and a Drive-Through Facility at 1901 Dempster Street Date: April 2, 2014 Recommended Action The Zoning Board of Appeals and City staff recommend the adoption of Ordinance 48- O-14 granting a special use permit for a Type 2 Restaurant, Starbucks, and a Drive- Through Facility at 1901 Dempster Street. Request Suspension of the Rules for Introduction and Action by City Council on April 8, 2014. The requested special use permit will adaptively reuse a currently vacant space and encourage additional economic development in an existing commercial area. The applicant has complied with all zoning requirements and meets all of the standards for a special use in the C2 Commercial District. At the April 1, 2014 Zoning Board of Appeals hearing, members recommended the City Council investigate concerns that vehicles awaiting the Drive-Through stacking lane could back up onto Dodge Avenue and cause traffic congestion. ZBA members felt the City Council should determine if a full traffic study is necessary to address this issue. The Drive-Through configuration utilizes the existing layout that was implemented for the Kentucky Fried Chicken, and features vehicle stacking from both Dempster and Dodge, for 8-12 vehicles within the property. The Zoning Ordinance requires Drive- Through stacking of four vehicles. Summary 1901 Dempster Street is located in the C2 Commercial District, on the northwest corner of Dempster Street and Dodge Avenue, just north of the Evanston Plaza shopping center. The property is surrounded by light industrial and auto-oriented uses, Burger Memorandum 297 of 537 King, and smaller commercial retail and services. The building on the property was previously a Kentucky Fried Chicken, but has been vacant for over three years. The proposed restaurant will operate as a quick-serve coffee/specialty drink Type 2 Restaurant with a Drive-Through. Starbucks plans to renovate the currently vacant Kentucky Fried Chicken building with extensive interior and exterior remodeling. The applicant plans to put a new façade on the building and freshen up the existing landscaping. Staff has requested additional landscaping be added within the parking lot, which may be addressed during the building permit process through the purview of SPAARC. The Drive-Through, ingress, egress, and parking lot will remain the same. The restaurant will operate from 5am-10pm, seven days a week. Food deliveries will be made to the restaurant once per day, paper deliveries once per week, and milk deliveries two to three times per week. Garbage pickup will occur twice per week or more if necessary. Exterior lighting will be added to the property. Up to eight employees will work per shift. The three parallel parking spaces adjacent to the Drive- Through will serve as waiting spaces for Drive-Through customers with large orders. The Drive-Through provides stacking for more than the required four vehicles. The applicant has agreed to comply with the City’s Litter Collection and Garbage Pickup Plan. City staff has not received objections to the use from any neighboring property owners. City staff has worked extensively to fill this long-time vacant building and encourage economic development in the adjacent Evanston Plaza shopping center. Neighborhood Benefit This use should not cause a negative effect on the surrounding neighborhood. Th e neighborhood will benefit from a vibrant and busy restaurant in a commercial corridor that is currently underutilized. The restaurant will bring additional customers to the commercial center who will then patronize the surrounding businesses. City staff is not aware of any objections from neighboring property owners. Comprehensive Plan The Evanston Comprehensive General Plan encourages the redevelopment and utilization of currently vacant spaces within existing commercial corridors. The Comprehensive General Plan specifically includes: Objective: Retain and attract businesses in order to strengthen Evanston’s economic base. Objective: Promote the growth and redevelopment of business, commercial, and industrial areas. Objective: Recognize and support the strong role neighborhood business districts play in Evanston’s economy and its identity. A special use for the proposed Starbucks Type 2 Restaurant and Drive-Through will promote the existing commercial area and benefit the nearby residential area and community as a whole. Legislative History 298 of 537 April 1, 2014: The ZBA recommended unanimous approval of the special use permit for a Type 2 Restaurant and Drive-Through with the following conditions: 1. Hours of operation are limited to 5am-midnight, seven days a week. 2. Litter Collection and Garbage Pickup Plans. 3. The project must be in substantial compliance of the documents and testimony on record. Attachments Proposed Ordinance 48-O-14 April 1, 2014 ZBA Draft Meeting Minutes Excerpt ZBA Findings Staff memo to the ZBA ZBA Application Packet – April 1, 2014 299 of 537 3/25/2014 4/2/2014 48-O-14 AN ORDINANCE Granting a Special Use Permit for a Type 2 Restaurant Located at 1901 Dempster Street in the C2 Commercial Zoning District (“Starbucks”) WHEREAS, the Zoning Board of Appeals (“ZBA”) met on March 18 and April 1, 2014, pursuant to proper notice, to consider case no. 14ZMJV-0009, an application filed by the Starbucks Coffee Company, lessee of the property legally described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 1901 Dempster Street (the “Subject Property”) and located in the C2 Commercial Retail Core Zoning District, for a Special Use Permit to establish, pursuant to Subsection 6-10-4-3 of Title 6 of the Evanston City Code, 2012, as amended (“the Zoning Ordinance”), a Type 2 Restaurant, “Starbucks,” and a Drive-Through Facility on the Subject Property; and WHEREAS, the ZBA, after hearing testimony and receiving other evidence, made a written record and written findings that the application for a Special Use Permit for a Type 2 Restaurant and a Drive-Through Facility met the standards for Special Uses in Section 6-3-5 of the Zoning Ordinance and recommended City Council approval thereof; and WHEREAS, at its meeting of April 8, 2014, the Planning and Development Committee of the City Council (“P&D Committee”) considered the ZBA’s record and findings and recommended the City Council accept the ZBA’s recommendation and approve the application in case no. 14ZMJV-0009; and 300 of 537 48-O-14 ~2~ WHEREAS, at its meeting of April 8, the City Council considered and adopted the respective records, findings, and recommendations of the ZBA and P&D Committee, as amended, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The foregoing recitals are found as fact and incorporated herein by reference. SECTION 2: The City Council hereby approves the Special Use Permit for a Type 2 Restaurant and a Drive-Through Facility on the Subject Property as applied for in case no. 14ZMJV-0009. SECTION 3: Pursuant to Subsection 6-3-5-12 of the Zoning Ordinance, the City Council hereby imposes the following conditions on the Applicant’s Special Use Permit, violation of any of which shall constitute grounds for penalties or revocation of said Permit pursuant to Subsections 6-3-10-5 and 6-3-10-6 of the Zoning Ordinance: A. Compliance with Applicable Requirements: The Applicant shall develop and use the Subject Property in substantial compliance with: all applicable legislation; the Applicant’s testimony and representations to the ZBA, the P&D Committee, and the City Council; and the approved plans and documents on file in this case. B. Litter Collection Plan: The Applicant shall implement and adhere to a Litter Collection Plan that requires the policing of an area located within a radius of two hundred fifty feet (250’) of the Subject Property to the extent that employees are able to remain safe with regards to the vehicular traffic in the right of way. The Applicant shall police this area at least once every three (3) hours during the hours the Special Use is in operation and shall keep it free of all litter, from any source. For the purpose of this ordinance, “litter” shall include, but is not limited to: food, food waste, and beverages; solid waste, including paper, wrappings, containers, cardboard, napkins, straws, utensils, plates, cans, glass, crockery, cigarette butts, ashes and similar materials; animal waste and dead animals; yard clippings and leaves; and all other waste materials which, if thrown or deposited as herein prohibited, may create a danger to public health, safety, or welfare. 301 of 537 48-O-14 ~3~ C. Litter Pick-Up Plan: The Applicant and/or the owner of the Subject Property shall provide and maintain, on the Subject Property, exterior litter receptacles, in sufficient number and type, and with collections therefrom of sufficient number and frequency, in the City’s judgment, to contain, with lids tightly shut, all litter emanating from operation of the Special Use authorized hereby. Litter shall be collected no less than three (3) times per week, including collections on Sundays as necessary, in the City’s judgment, to comply with this condition. All litter receptacles shall be maintained in a clean condition with tight-fitting lids, and shall be placed on Code-compliant surfaces. The owner of the Subject Property shall provide adequate space at the rear of and on the Subject Property to accommodate the litter receptacles and collections required. Within seven (7) days of written notice from the City to do so, the Applicant and/or the owner of the Subject Property shall modify the number of litter receptacles and/or the number of collections therefrom, as directed by the City. D. Hours of Operation: The Applicant shall not operate the Type 2 Restaurant authorized by this ordinance between midnight and 5:00 a.m. on any day. E. Recordation: Before it may operate the Special Use authorized by the terms of this ordinance, the Applicant shall record, at its cost, a certified copy of this ordinance with the Cook County Recorder of Deeds. SECTION 4: When necessary to effectuate the terms, conditions, and purposes of this ordinance, “Applicant” shall be read as “Applicant’s agents, assigns, and successors in interest.” SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. SECTION 6: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. 302 of 537 48-O-14 ~4~ SECTION 8: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced:_________________, 2014 Adopted:___________________, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _____________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 303 of 537 48-O-14 ~5~ EXHIBIT A LEGAL DESCRIPTION A TRACT OF LAND IN THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY (FORMERLY THE CHICAGO JUNCTION RAILWAY), BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF DEMPSTER STREET (BEING 33.00 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 13), AND THE WEST LINE OF DODGE AVENUE (BEING 33.00 FEET WEST OF THE EAST LINE OF THE SAID SOUTHWEST 1/4 OF SECTION 13); THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST ALONG THE WEST LINE OF DODGE AVENUE (BEING ALSO 33.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4 OF SECTION 13), A DISTANCE OF 135.00 FEET; THENCE SOUTH 87 DEGREES 42 MINUTES 20 SECONDS WEST ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID SECTION 13, A DISTANCE OF 150.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 135.00 FEET TO A POINT ON THE NORTH LINE OF SAID DEMPSTER STREET; THENCE NORTH 87 DEGREES 42 MINUTES 20 SECONDS EAST ALONG THE NORTH LINE OF SAID DEMPSTER STREET (BEING ALSO 33.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SECTION 13), A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING AND EXCEPTING THEREFROM THE FOLLOWING TRACT OF LAND DEED TO THE CITY OF EVANSTON BY DOCUMENT RECORDED MAY 13, 1987 AS DOCUMENT NUMBER 87259420: COMMENCING AT THE NORTHWEST CORNER OF DEMPSTER STREET AND DODGE AVENUE IN THE CITY OF EVANSTON, WHICH POINT IS 33.00 FEET NORTH OF THE SOUTH LINE AND 33.00 FEET WEST OF THE EAST LINE OF SAID SOUTHWEST 1/4, THENCE WEST ON THE NORTH LINE OF DEMPSTER STREET, A DISTANCE OF 7.00 FEET, THENCE NORTHEASTERLY A DISTANCE OF 10.09 FEET TO A POINT ON THE WEST LINE OF DODGE AVENUE, 7.00 FEET NORTH OF THE NORTH LINE OF DEMPSTER STREET, AS MEASURED ON THE WEST LINE OF DODGE AVENUE, THENCE SOUTH 7.0 FEET TO THE PLACE OF BEGINNING, ALL IN THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS. PIN: 10-13-322-027-0000 COMMONLY KNOWN AS: 1901 Dempster Avenue, Evanston, Illinois. 304 of 537 DRAFT NOT APPROVED MEETING MINUTES ZONING BOARD OF APPEALS Tuesday, April 1, 2014 7:00 PM Civic Center, 2100 Ridge Avenue, Council Chambers Members Present: Matt Rodgers, Beth McLennan, Violetta Cullen, Scott Gingold Members Absent: Andrew Gallimore, Mary Beth Berns, Clara Wineberg Staff Present: Melissa Klotz, Mario Treto Chair: Matt Rodgers Declaration of Quorum With a quorum present, Chair Rodgers called the meeting to order at 7:30 pm. Approval of Minutes The minutes from the March 18, 2014 Zoning Board of Appeals meeting were motioned for approval with corrections by Ms. Cullen and seconded by Ms. McLennan. The motion was approved 3-0 with Mr. Gingold abstaining. Old Business 1901 Dempster Street ZBA 14ZMJV-0009 Starbucks Coffee Company, potential lessee, applies for special use permits to establish a Type 2 Restaurant, Starbucks, and a Drive-Through Facility (accessory), at 1901 Dempster Street. 1901 Dempster Street is located in the C2 Commercial District, which requires a special use permit for a Type 2 Restaurant and a special use permit for a Drive-Through Facility (Zoning Code Section 6-10-4-3). The Zoning Board of Appeals makes a recommendation to City Council, the determining body for this case. Ms. Klotz read the case into the record. Scott Goldman, developer, and Mamie Yee, applicant, presented the case: • Former KFC building that has been vacant for a few years • Plan exterior modifications for new façade and some additional landscaping near the Drive- Through • Will utilize the existing ingress/egress curb cuts off of both Dempster and Dodge, and the same parking layout and Drive-Through configuration • 5-8 vehicles will be stacked at the Drive-Through at the busiest times • Hours of operation 5am-9pm or possibly 10pm, 7 days a week • No alcohol will be served at this location • Three parallel parking spaces adjacent to the Drive-Through window may be used as stacking for vehicles awaiting drinks ordered at the Drive-Through; or possibly for employee parking • Deliveries will occur 2 times per day maximum, mostly via box trucks • Dumpster will be emptied 2-3 times per week as necessary • Will comply with the Litter Collection and Garbage Pickup Plan with the exception that employees will not be put in danger to pick up traffic in the busy street • 5-6 employees per shift Page 1 of 2 Zoning Board of Appeals 305 of 537 DRAFT NOT APPROVED Also, City Council should investigate the traffic issue and determine if a full traffic study is necessary. Ms. McLennan seconded the motion, which was approved 4-0. Page 2 of 2 Zoning Board of Appeals • Employees will park on site but it is anticipated that many employees will take public transportation • Will utilize existing patio for outdoor seating area Mr. Gingold asked if a traffic study was performed, and Ms. Yee responded that a study was not done. However, Ms. Yee is extremely familiar with the area as she has dealt with development deals in the immediate area including the recently closed Dominicks. The average daily traffic counts from IDOT were explored to ensure the location is viable for Starbucks. Ms. McLennan asked if additional landscaping is shown on the presented plan, as was mentioned in SPAARC, and Ms. Yee responded that no, the additional landscaping request was not a formal SPAARC recommendation, and Starbucks strongly prefers not to remove parking to add additional landscaping. Mr. Goldman added that Starbucks will be adding more landscaping than what is currently at the site. Ms. McLennan agreed that parking should not be removed to add more landscaping. The ZBA then entered into Deliberations: Mr. Gingold explained he is excited for this project and the positive impact it will have on the area, but is concerned about traffic turning onto the site from Dodge. Mr. Gingold felt a traffic study should address this concern, and the issue could be rectified by limiting left turns across Dodge into the property. Ms. Cullen agreed. Chair Rodgers agreed and stated City Council should investigate the traffic issue and determine if a full traffic study is necessary. The Standards were addressed: 1) Yes 2) Yes 3) Yes 4) Yes 5) Yes 6) Yes 7) Yes 8) Yes 9) Yes Ms. McLennan motioned to recommend approval of the proposal with the following conditions: 1) Hours of operation 5am-midnight 2) Litter Collection and Garbage Pickup Plan, with the understanding that employees will not be subjected to pick up garbage in the right-of-way given the potential danger. 3) Substantial Compliance 306 of 537     FF II NN DD II NN GG SS FOR STANDARDS OF SS PP EE CC II AA LL UU SS EE PP EE RR MM II TT SS In the case of Case Number: 14ZMJV-0009 Address or Location: 1901 Dempster Street Applicant: Starbucks Coffee Company Proposed Special Use: Type 2 Restaurant, Starbucks, and a Drive Through Facility After conducting a public hearing on March 18, 2014, and April 1, 2014, the Zoning Board of Appeals makes the following findings of fact, reflected in the audio-visual recording of the hearings, based upon the standards for special uses specified in Section 6-3-5-10 of the Zoning Ordinance: Standard Finding (A) It is one of the special uses specifically listed in the zoning ordinance; ___X__Met _____Not Met Vote 4-0 (B) It is in keeping with purposes and policies of the adopted comprehensive general plan and the zoning ordinance as amended from time to time; ___X___Met _____Not Met Vote 4-0 (C) It will not cause a negative cumulative effect, when its effect is considered in conjunction with the cumulative effect of various special uses of all types on the immediate neighborhood and the effect of the proposed type of special use upon the city as a whole; ___X___Met _____Not Met Vote 4-0 (D) It does not interfere with or diminish the value of property in the neighborhood; ___X___Met _____Not Met Vote 4-0 (E) It can be adequately served by public facilities and services ___X___Met _____Not Met Vote 4-0 (F) It does not cause undue traffic congestion; ___X___Met _____Not Met Vote 4-0 307 of 537 (G) It preserves significant historical and architectural resources; ___X___Met _____Not Met Vote 4-0 (H) It preserves significant natural and environmental features; and ___X___Met _____Not Met Vote 4-0 (I) It complies with all other applicable regulations of the district in which it is located and other applicable ordinances, except to the extent such regulations have been modified through the planned development process or the grant of a variation. ___X___Met _____Not Met Vote 4-0 and, based upon these findings, and upon a vote __4__ in favor & __0__ against Recommends to the City Council _____ approval without conditions __x__ approval with conditions specifically: 1. The restaurant must abide by Litter Collection and Pick-Up Plan 2. Hours of operation must be between 5:00am and midnight 3. Project must be in substantial compliance with the documents and testimony on record _____ denial of the proposed special use. __________________________________________ Date: _____________ Matt Rodgers Zoning Board of Appeals Chair Attending: Vote: Aye No _______ Mary Beth Berns _____ ____ _______ Clara Wineberg _____ ____ ___X___ Scott Gingold __X__ ____ ___X___ Beth McLennan __X__ ____ ___X___ Matt Rodgers __X__ ____ ___X___ Violetta Cullen __X__ ____ _______ Andrew Gallimore _____ ____    308 of 537 309 of 537 310 of 537 311 of 537 312 of 537 313 of 537 314 of 537 315 of 537 316 of 537 317 of 537 318 of 537 319 of 537 320 of 537 321 of 537 322 of 537 323 of 537 324 of 537 325 of 537 326 of 537 327 of 537 328 of 537 329 of 537 330 of 537 331 of 537 332 of 537 333 of 537 334 of 537 335 of 537 336 of 537 337 of 537 338 of 537 For City Council meeting of April 8, 2014 Item P4 and P5 Ordinances 47-O-14 and 53-O-14: Special Use for a Planned Development at 1515 Chicago Avenue For Introduction For Introduction To: Honorable Mayor and Members of the City Council Planning and Development Committee From: Mark Muenzer, Community Development Director Damir Latinovic, Neighborhood and Land Use Planner Subject: Ordinances 47-O-14 and 53-O-14 Planned Development 1515 Chicago Avenue, 14PLND-0004 Date: April 2, 2014 Recommended Action The Plan Commission and City staff recommend the adoption of either Ordinance 47-O-14 or Ordinance 53-O-14 to grant approval of a Planned Development to construct an eight-story extended stay hotel located at 1515 Chicago Avenue. Two ordinances are presented for consideration. Ordinance 47-O-14 requires preservation of an elm tree; Ordinance 53-O-14 permits removal of an elm tree. P4) Ordinance 47-O-14, Granting a Special Use Permit for a Planned Development, 1515 Chicago Avenue, and Requires Preservation of an Elm Tree. Per the recommendation made by the Plan Commission, Ordinance 47-O-14 requires the applicant to preserve the existing elm tree in the rear of the property. As such, the approval requires the applicant to eliminate three proposed parking spaces near the tree and install porous pavement material in the southern portion of the surface parking lot to improve the likelihood of the tree survival during and after the construction. The Ordinance includes four site development allowances: a zero-feet parking setback from the north, south and east property lines where a five-foot setback is required by Code and a reduction in the number of Code-compliant parking spaces provided to 31 where a minimum of 34 is required by Code. The applicant objects to this Ordinance. P5) Ordinance 53-O-14, Granting a Special Use Permit for a Planned Development, 1515 Chicago Avenue, and Permits Removal of an Elm Tree Ordinance 53-O-14 allows the applicant to remove the existing elm tree in the rear of the property, but the applicant must install a new 9-inch caliper tree in the southeast corner of the property. As such, the approval requires the applicant to convert one proposed parking space into a compact space and come to an agreement with the adjacent property owner for one Memorandum 339 of 537 parking space on the adjacent property to the south to also be converted to a compact parking space to accommodate the new tree. Should the applicant not be able to come to an agreement with the property owner to the south, the Ordinance requires the applicant to pay a $5,000 fee lieu of the tree installation towards Urban Reforestation Fund. Ordinance 53-O- 14 also includes four site development allowances: a zero-feet parking setback from the north, south and east property lines where a five-foot setback is required by Code and a reduction in the number of Code-compliant parking spaces provided to 33 where a minimum of 34 is required by Code. The applicant concurs with this Ordinance. The proposal meets all other zoning requirements for the D4, Downtown Transition District and is consistent with the surrounding land uses. The proposal meets the standards for approval of Planned Developments. Summary Background: The petitioner is requesting a Planned Development approval to construct an eight-story extended stay hotel (Hyatt House) located at 1515 Chicago Avenue. The property, located on the east side of Chicago Avenue approximately 125 feet south of Davis Street, is currently vacant. The one-story office building and a surface parking lot previously located on the site were demolished in 2013. The proposed extended stay hotel will provide amenities to guests staying for an extended period of time with the average guest stay just over five days. The property is located in the D4, Downtown Transition district, and is surrounded by the following zoning classifications: North: D4 Downtown Transition District East: R6 General (Multi-family) Residential South: D4 Downtown Transition District West: D4 Downtown Transition District The uses surrounding the site include a two-story building to the north with several commercial tenants including Giordano’s restaurant, and a two-story office building to the west occupied by AT&T. Several eight-story multi-family residential buildings are located to the east while a four-story mixed use building (Chaumont) and a seven-story multi-family residential building are located to the south. Proposal: Site Layout The proposed eight-story hotel would include 114-rooms with up to 33 Code-compliant parking spaces and one or two compact parking spaces. The two-story base of the building is located north-south along Chicago Avenue with the surface parking lot located in the rear of the building. Floors 3-8 are located in the tower of the building with an east-west orientation along the center of the property. 340 of 537 The proposed first floor would include the lobby, open lounge area and the front desk near the main entrance. The south portion of the first floor is devoted to conference rooms and meeting space while a hotel bar/restaurant space is located along the north side of the first floor. The hotel bar/restaurant space is open to the public. Both ordinances include a condition recommended by staff that the hotel bar/restaurant space must have a separate wall sign. The trash enclosure and a loading dock are located on the north side of the building while a rear entrance provides access to the parking lot in the rear. The second floor will house a state-of-the-art fitness room and an indoor hotel pool along the south side of the 2nd floor, while an outdoor terrace will occupy the northern portion of the 2nd floor. Floors 3-8 will include a total of 114 rooms most of which are outfitted with small kitchenettes. The proposed building would be 85 feet tall which matches the maximum height permitted by Code. A decorative hotel flag ¨hat¨ feature located above the roofline is permitted and will extend up to 99.5 feet. The exterior of the building would be constructed of brick. A metal cladding will accentuate the northwest corner of the building. Additionally, windows would include a limestone lintel or a horizontal belt course. The top of the building would include a horizontal limestone band to define the top of the building. Parking and Traffic The petitioner is proposing to permanently eliminate two metered on-street parking spaces along Chicago Avenue to accommodate a loading area for hotel guests in front of the main entrance. Both ordinances include a condition that the applicant must pay a one-time lump sum payment of $69,405 for the loss of the two metered parking spaces. Typically, staff negotiates with the developer to pay a one-time lump sum payment instead of the annual payments for the loss of the parking spaces. Staff uses a formula that establishes a present value for the 20 years worth of payments. In this case, the total amount for 20 years equals to $69,405. However, the applicant has agreed to pay $10,000. The parking lot in the rear is accessed via one full driveway access off of the 16-foot wide east-west alley on the north side of the property and one full access driveway off of the north- south 20-foot wide alley on the east side of the property. Additionally, seven parking spaces have direct access off of the alleys. If the applicant is required to preserve the existing elm tree in the rear, Ordinance 47-O-13 includes a requirement to eliminate three proposed parking spaces nearest to the tree to increase the likelihood of the tree survival during and after the construction. As such there would be a total of 31 Code-compliant parking spaces and one additional compact space for a total of 32 parking spaces on the site. If the applicant is permitted to remove the tree, but is required to install a new 9-inch caliper tree in the southeast corner of the site, Ordinance 53-O-13 includes a requirement to convert one parking space into a compact space to accommodate the new tree. As such, there would 341 of 537 be a total of 33-Code-compliant parking spaces and two compact spaces for a total of 35 parking spaces on the site. Per Zoning Ordinance, a minimum of 34 Code-compliant parking spaces are required. The compact space in the northwest corner of the site enables 30-foot long delivery trucks to enter the east-west alley off of Chicago Avenue and proceed northbound towards Davis Street to exit. As a condition of the approval, the petitioner will install a “no-right” turn traffic sign at the intersection of the alleys to prohibit delivery trucks from making southbound movements. The petitioner will also install a ¨one-way¨ traffic sign for the east-west alley near Chicago Avenue and a “do-not” enter sign near the intersection of the alleys to designate the east-west alley for eastbound traffic only. The alley currently functions as a two-way alley. The 20-foot wide north-south alley will remain used for two-way traffic. Compliance with the Zoning Ordinance The proposed hotel is a permitted use in the D4 zoning district. The proposed development includes a total of more than 20,000 square feet of floor area (78,729 square feet of gross floor area proposed) and as such the approval of the planned development is required. A total of four site development allowances are required as indicated in the table below. Site Development Allowances Required Ordinance 47-O-13 Ordinance 53-O-13 Open parking space setback from the north property line 5 ft. 0 ft. 0 ft. Open parking space setback from the east property line 5 ft. 0 ft. 0 ft. Open parking space setback from the south property line 5 ft. 0 ft. 0 ft. # of Parking Spaces Provided 34 31 Code- compliant +1 compact space 33 Code- compliant + 2 compact space The proposal will meet all other bulk requirements of the zoning ordinance as indicated in the table below: Extended Stay Hotel - 1515 Chicago Avenue Required Proposed Building Front Setback 0 ft. 0 ft. Side Setbacks (north and south) 0 ft. 0 ft. north and south 342 of 537 Rear Setback 0 ft. 0.66 ft. Parking Front Setback Not permitted N/A Side Setback 5 ft. 0 ft. north and south Rear Setback 5 ft. 0 ft. Height 85 ft. 85 ft. FAR 4.5 3.49 Loading docks 1 1 Standards of Approval The proposed Planned Development must meet the standards of approval outlined in Sections 6-3-5-10, 6-3-6-9 and 6-11-1-10 of the Zoning Ordinance. Based on the analysis indicated above, the proposed planned development meets the standards of approval. The proposed building meets all zoning requirements except for the four site development allowances indicated above. However, the proposed site development allowances are necessary to create an infill development on an underutilized site with a desirable use to achieve the public benefits indicated below. Additionally, the proposal is consistent with the Design Guidelines for Planned Developments, 2000 Comprehensive General Plan and surrounding zoning classifications and land uses. Public Benefits Per Zoning Ordinance, all Planned Developments must provide public benefits to the community. The proposed project is an infill development on a vacant site that will generate new property tax and hotel tax for the community. The applicant presented the plans at two neighborhood meetings and met twice with area architects in addition to number of meetings and conversations with staff to address neighborhood concerns and provide a design that will have a positive impact on surrounding uses and residents. The City staff has negotiated and the applicant has agreed to the following public benefits: 1. Payment to the city for the loss of two parking spaces to be lost during construction activities. ($2,784.60 per parking space for each year in which the construction takes place) 2. A one-time lump sum payment to the City for the permanent loss of two on-street parking spaces. The developer has agreed to a $10,000 payment, however staff recommends the dollar amount be increased to $69,405. 3. Installation of the streetscape improvements to Chicago Avenue along the subject property including installation of three new six-inch caliper trees to replace the two existing trees that will be eliminated along the street. 343 of 537 4. The applicant will construct a green roof on the two-story portion of the building south of the main entrance and submit a two-year maintenance plan for the green roof. 5. The applicant will repave the east-west alley by way of 1”-2” overlay per the proposed development plans. The scope will include patching potholes before the overlay, but not the reconstruction of the alley. Additionally, the following public benefits are included in the ordinances: 6. The applicant must hire a minimum of five, with a goal of ten, Evanston residents to work at the site during construction. This requirement is included in both Ordinances. (The applicant does not concur with the requirement to hire a minimum of five Evanston residents, but concurs with the goal to hire ten Evanston residents.) 7. The applicant must preserve the existing elm tree in the rear of the property and install porous pavement material in the southern portion of the parking lot (Ordinance 47-O-13, applicant objects to this option), or install a new 9-inch caliper tree in the southeast corner of the property or pay a $5,000 fee in lieu of tree installation towards Urban Reforestation Fund (Ordinance 53-O-13, applicant concurs with this option). Compliance with the Design Guidelines for Planned Developments The proposed building is consistent with the Design Guidelines for Planned Developments. Additionally, the proposal was reviewed and approved by the Site Plan and Appearance Review (SPAARC) committee on February 12, 2014 (minutes attached). The proposed building will complement surrounding properties and add to Evanston’s unique identity. The overall building mass and scale is similar to that of surrounding eight-story residential buildings while the building base along Chicago Avenue fits within the two-story building to the north and a four story building to the south. The proposed red brick and metal cladding materials are appropriate given the surrounding building materials and will require minimal maintenance. The loading area and garbage dumpster area will include fence screening with access from the east-west alley away from the public street. The open surface parking lot in the rear of the property with access from the alleys is desirable and meets the location guidelines for downtown developments. Compliance with the Comprehensive Plan The proposed extended stay hotel is consistent with the 2000 Comprehensive General Plan. The Plan includes specific goals and objectives to enhance and preserve the residential areas while promoting the growth and redevelopment of underutilized business, commercial and industrial areas in Evanston. The Plan calls for diverse range of business and commercial areas with an attractive, convenient and economically vital center of diverse activity. The proposed hotel is a permitted and desirable use in the D-4 district. The proposed use will fill a void in the market place as there are no other extended stay hotels in the near north suburbs of Chicago. The hotel guests will also add to the daytime population of the downtown and further contribute to its vitality. 344 of 537 Legislative History March 12, 2014 – The Plan Commission made a positive recommendation to the City Council by a vote of 5:0. The Commission recommended the City Council make a decision if the applicant must preserve the existing elm tree in the rear of the property, plant a new tree instead or pay a fee in-lieu of the tree installation. The Commission found the proposed parking lot in the rear of the building with seven parking spaces having a direct access off of the alleys is appropriate considering the downtown location of the site and the fact that surrounding properties have similar parking arrangement and access off of the alley. The Commission concluded by saying the proposed use is an excellent fit for the site and the proposed building design will complement surrounding uses and properties. Attachments Click here for the following attachments: http://cityofevanston.files.wordpress.com/2014/04/p4-and-p5-planned-development-1515- chicago-ave-4-8-141.pdf Ordinance 47-O-14 Ordinance 53-O-14 Items submitted by residents at Plan Commission meeting Plan Commission Meeting Minutes-Draft, March 12, 2014 SPAARC Meeting Minutes 02.12.2014 Construction Staging Plan Project LEED Checklist Click here for the Plan Commission packet, March 12, 2004: http://www.cityofevanston.org/assets/03.12.14%20PC%20Packet.pdf 345 of 537 For Planning & Development Committee meeting of April 8, 2014 Item PD1 Evanston Housing Corporation Update For Communication To: Planning and Development Committee From: Mark Muenzer, Director of Community Development Sarah Flax, Housing and Grants Administrator Mary Ellen Poole, Housing Planner Subject: Evanston Housing Corporation Update Date: March 27, 2014 Recommended Action: No action is recommended, staff is providing a status update. Background: The Evanston Housing Corporation (EHC), a not-for-profit housing mortgage corporation, was formed in 1987 by six banks and the City of Evanston. The purpose of the organization was to make loans to first-time and/or low-to-moderate income households in Evanston who would not qualify for mortgages in the private market. The banks and the City pooled funds to establish a revolving loan fund. The EHC board of directors is composed of a representative from each of the member banks, Bank of America, BMO Harris, Charter One, Chase, Citibank, and Northern Trust, and three City representatives, the Mayor, City Manager or his designee, and the Chair of the Housing and Homelessness Commission. Since its inception, EHC has helped over 50 people become homeowners. Historically, EHC loans were bundled and sold on the secondary market and the proceeds used to make additional mortgages. City staff in the Community Development Department was responsible for management of the corporation, including scheduling and staffing meetings, underwriting loans and presenting them to the board for approval. With the collapse of the real estate market in 2007-2008, EHC was unable to sell the last loan portfolio because investors considered it too risky due to the nature of the borrowers. EHC was left holding this portfolio and responsibility for servicing the loans fell to Community Development staff. The portfolio consisted of 28 loans with 14 borrowers. Each borrower had two loans with a maximum loan to value of 97%; the first loan comprised 80% of the total loan amount and had an interest rate ranging from 6- 8%. The second loan was for the remaining 20% of the total loan amount at 0% interest and required no payments for the first five years. Memorandum 346 of 537 Due to the significant drop in property values, many of the borrowers found their loan principal amount exceeded the value of their property. This has made it difficult to impossible for them to refinance and take advantage of lower interest rates. A single borrower refinanced in 2013, so the portfolio currently comprises 26 loans with 13 homeowners. Other borrowers are interested in refinancing or selling their properties but have been unable to do so, most often because their loan to value is too high. Three borrowers are delinquent and have been unable to qualify for programs such as HARP and HAMP that were designed to help underwater homeowners. EHC membership also changed during this period, as original member banks, including LaSalle, were acquired and the bank representatives on the EHC board changed or lapsed. On March 5, City staff convened the first board meeting with a quorum in several years. Representatives from five of the six member banks were in attendance; Marty Lyons was the City Manager’s representative. Members were provided information about the status of the portfolio and discussed the future of EHC. The general consensus among bank members was there was little to no interest in continuing the corporation. The board agreed on the following actions to help inform future discussion relating to the management and disposition of the loan portfolio and next steps for the corporation: • The board approved unanimously the consolidation of EHC funds at Charter One and Harris Bank into the accounts at Chase Bank to streamline operations. • The board voted unanimously to obtain appraisals for all properties in the EHC portfolio in order to establish its value and provide information to inform options for disposition of the portfolio if EHC were to be dissolved. • The board directed City staff to contact nonprofits, including Neighborhood Housing Services and Mercy Housing, to assess their interest in taking over responsibilities for servicing and/or acquiring the portfolio. The board also voted to amend the corporation by-laws to allow members to attend meetings via teleconference in order to ensure quorums at future meetings. Many of the bank representatives’ offices are not in Evanston; one is not in Illinois. Next Steps The next EHC board meeting is scheduled for May 14, 2014. Agenda items include: • Election of officers • Review of property appraisals and LTV by property • Summary of discussions with nonprofit servicing/financing entities • Input from the member banks regarding their position regarding dissolution of EHC. Staff will update City Council by year-end 2014 regarding the status of EHC and whether dissolution is being pursued. Attachments Minutes of the March 5, 2014 EHC board meeting Page 2 of 2 347 of 537 Evanston Housing Corporation (EHC) Board Meeting Minutes of March 5, 2014 – 3:00 p.m. Aldermanic Library - Lorraine H. Morton Civic Center MEMBERS PRESENT: M. Ciaccia, A. DeCoux, L. Durr, J. Haines, M. Lenhardt, M. Lyons , M. Utterback, OTHERS PRESENT: R. Cook STAFF PRESENT: S. Flax, M. Masoncup, M. Muenzer, B. Newman, M. Poole MEMBERS ABSENT: Kevin Kane, Chair of Housing & Homelessness Commission Julie Chavez, Bank of America PRESIDING OFFICIAL: M. Lyons I. CALL TO ORDER / INTRODUCTIONS Mr. Muenzer called the meeting to order at 3:05 p.m. Mark Muenzer, Director of Community Development, introduced himself and explained that the Community Development Department has many different facets and activities, one of which is the Evanston Housing Corporation (EHC), and expressed his appreciation of the board members for being at the meeting, as they discuss the activities of the corporation and plans going forward and eventually dissolve it. He introduced Mary Ellen Poole and thanked her for her work on the project. Present at the meeting: Michael Utterback, Vice President, Community Development Lending, RBS Citizens Bank/Charter Bank Andrew DeCoux, Director, Citi Community Capital, Municipal Securities Division Lindsay Durr, Vice President, Corporate Social Responsibility, Northern Trust Michael Ciaccia, Vice President, Corporate Social Responsibility, Northern Trust Jane Haines, Vice President, Asset Management, BMO Harris Bank Mark Lenhardt, Executive Director, Housing Investments, J.P. Morgan Marty Lyons, Assistant City Manager and CFO, City of Evanston Mark Muenzer, Director of Community Development, City of Evanston Michelle Masoncup, Attorney, City of Evanston Russ Cook, EHC Auditor Sarah Flax, Housing and Grants Administrator, City of Evanston Mary Ellen Poole, Housing Planner, City of Evanston II. DECLARATION OF QUORUM Ms. Poole declared a quorum DRAFT – NOT APPROVED 348 of 537 Evanston Housing Corporation Board Meeting Minutes of 3-5-14 Page 2 of 11 III. ELECTION OF CHAIRPERSON AND BOARD OFFICERS Ms. Masoncup explained that a chair must be elected to direct the meeting and that the board currently has no officers. Mr. Lyons said he had been asked to volunteer to chair the board. Ms. Masoncup explained that according to the by-laws there are six member banks of a nine member board. Representatives from the City makes up 3 of the 9 members, who are the Mayor, City Manager or his designee which is Mr. Lyons, and the Chair of the Housing & Homelessness Commission, who could not be present. She explained that there was a quorum present and a chair should be elected first, then the chair will take nominations from members, who may nominate themselves for four offices: President, Vice President, Treasurer and Secretary and someone may serve as two different officers. Jane Haines, Vice President, Asset Management, Community Investments Group, BMO Harris arrived at the meeting and introduced herself. Mr. DeCoux moved to nominate Mr. Lyons for Chair of the EHC Board, seconded by Mr. Lenhardt. The Board voted unanimously, 6-0 to elect Mr. Lyons as Chair. Chair Lyons said the first item of business would be election of officers. Ms. Masoncup said there is no direction in the by-laws regarding the election of officers, so she suggested that all of the nominations should be made and then the vote should be taken on all officers. Chair Lyons asked whether the issues facing the corporation should be discussed before the vote on officers is taken. Ms. Masoncup agreed to discuss the issues first. Mr. Muenzer added that City staff would be doing most of the work involved in resolving the issues. IV. BYLAWS AND BACKGROUND Ms. Poole explained that the corporation was founded in 1987. Its main purpose was to help lower income and first time homebuyers become homeowners. It served the purpose very well for many years. Many loans were made, then bundled and sold. The loans were always structured in an 80/20, so each homebuyer had 2 loans: the first loan would be 80% of the total amount loaned with interest at about 6-7%. The remaining 20% was lent at 0% with no payments for the first 5 years. This made it very affordable for many first time homebuyers. She explained that the “HOME Loan” column in one of the spreadsheets represents 5 of the 13 borrowers that have an additional City subsidy called the HOME Program, where they may have a 3rd and/or 4th position loan that was originated through the City’s HOME Program. This is usually a purchase price subsidy and/or down payment assistance, so some of the EHC borrowers actually have 4 loans. 349 of 537 Evanston Housing Corporation Board Meeting Minutes of 3-5-14 Page 3 of 11 Ms. Poole explained that this initial explanation would be a very high level overview with the intent that going forward, at each subsequent meeting, there will be more detailed analysis. V. BANK ACCOUNTS Ms. Poole explained that there are currently seven bank accounts at three different banks: Charter One, Harris and Chase. There are four accounts at Chase that are transactional, and all banking and property tax payments are done through these accounts. Ms. Poole said it would make sense to have all of EHC’s accounts at Chase and she was hoping the board would vote upon this, which also will help with consistency of signatory powers when staff and board turnover occurs. Mr. Utterback said he is fine with moving all of the accounts to Chase because Charter One will be leaving Chicago. He said he will not be able to attend subsequent meetings because he will no longer be with Charter One, which is managed out of Boston. In fact, they would like to know whether their representative can attend via conference call. Ms. Poole said the request for teleconference meetings would be addressed at this meeting. Mr. DeCoux moved to consolidate all of the funds to the Chase accounts, seconded by Mr. Ciaccia. Chair Lyons clarified that the City’s reason for recommending the consolidation is that four of the seven accounts are already at Chase Bank and they are transactional accounts so all of the closing and escrow accounts are already there. Mr. Cook added that there are also a couple of money market accounts at Chase. There is a sweep account and a second account designated as the escrow account, but without any known regulation requirement, it would make sense to just keep the sweep account with the operating account attached to it and checks would be cut out of the operating account, attached to the sweep account, which pays the interest, instead of having several money market accounts. The Board voted unanimously 7-0 to consolidate the funds to the Chase accounts. VI. FINANCIAL STATEMENTS Mr. Cook explained that he has been the auditor since 1993. He said this year he and Ms. Poole decided he should do a compilation. An audit had been done before 2011 but this year there was no board meeting and he could not obtain representation letters, etc., which are not required for a compilation report. He said the report is sufficient to show the mortgages and cash in the bank. Mr. Cook explained that the issue is the status of the loans. He said there has never been an evaluation of housing values versus mortgage since the housing market crash and he expects that many are upside down. He 350 of 537 Evanston Housing Corporation Board Meeting Minutes of 3-5-14 Page 4 of 11 added that the compilation report does not rise to this level of opinion. He said the financial statements are straightforward, showing the cash outstanding and the value outstanding in the mortgage loans, shown in page 30 of the compilation report. Mr. Cook explained that “Liability of Accrued Interest” is basically the money due to the banks as of 12/31/2012, the City’s management fees, based on the value of the portfolio, accrued accounting fees and tax escrow. At Chair Lyons inquiry regarding the liability, Mr. Cook explained that the accrual periods for accrued interest are one year periods. He explained that the profit is split up on a pro rata based on their participation, so the investment income statement will show zero every year because all of the money gets paid out to the investor members. Ms. Poole explained that disbursements were made in 2011 and she would be disbursing payments from 2012 and re-disbursing some un- cashed payments from previous years at the end of the meeting. 2013 disbursements have not been calculated yet. Mr. Cook explained that the $87,922 in interest is disbursed to the investor banks on a pro rate basis based on their participation. At Mr. Lenhardt’s request, Mr. Cook explained the balance sheet. As of 12/31/12: Liabilities Cash: money sitting in the cash account from principle payments Cash investments: CD’s, money markets, near term liquid assets Loans: 1st and 2nd mortgage as discussed Liabilities: accrued interest, management fees, Series C Note payable: corresponding assets of the member banks Secured promissory notes payable: City’s investment from the Mayor’s Special Housing Fund (years ago, per Ms. Flax) Mr. Lenhardt confirmed that their investments are considered notes payable, so this is a zero equity partnership. He asked whether there had been any consideration of cash investments being re-distributed back to member banks. Mr. DeCoux noted that there is a statement in the by-laws that says upon dissolution, everything goes back to the City. Chair Lyons asked if there are questions regarding the detail in the loan sheets. Mr. Cook explained that the trial balance provides all the detail in the general ledger. Chair Lyons noted that the Mortgage Balance Analysis (page 40), that states what is owed, ties back to the financial statement. Mr. Cook explained, regarding the mortgage statements, that no late fees have been applied in 2012 because there has been so much 351 of 537 Evanston Housing Corporation Board Meeting Minutes of 3-5-14 Page 5 of 11 inconsistency in how the borrowers have been charged and the amounts they have been charged. At Mr. Lenhardt’s inquiry, Ms. Poole explained that the terms vary but most are 30 years at 6-7%; their second mortgages are at 0%. Most were done in the early 2006 through 2008, so the rates were market. Ms. Poole added that an important part of the meeting’s discussion is that historically they were bundled and sold repeatedly, but the City has not been able to sell them since 2008, and the City has consequently ended up in the business of servicing the loans, which was never intended. Mr. Cook explained that the Escrow Analysis shows the homeowners’ escrow balances, several of whom are under water, with a total of $12,000 in underwater escrow balances. Ms. Poole noted that this is through 12/31/12, and the number will be different for 2013, which is in the process of being updated. Mr. Cook explained that the detail of bank deposits shows where the late fees are moved to the escrow account. He explained that the interest was pulled from Loan Ledger, the City’s loan management software, and generates the interest income for the year. VIII. STATUS OF PORTFOLIO Ms. Poole explained the portfolio: Page 53: Lists the 13 borrowers, only 3 of whom are in default or seriously delinquent; the majority having an escrow deficit. Ms. Poole noted that a high level of analysis would be reviewed but at the bottom of each page are potential solutions. However, she would not be reviewing individual homeowners at this meeting, but one of the recommendations is to have the discussion of how to move forward. Ms. Poole noted that the 14th loan listed had successfully refinanced with Bank of America in 2012. Many homeowners have inquired about this option. Page 54: Explains the B loans, or second mortgages Page 55: Lists the current loans that are on time and are current and clean, they just have escrow deficits, of which there are 2 borrowers Page 59: Shows a detailed analysis of escrow: includes every amount the borrower paid, minus the taxes paid on their behalf (the only types of payments made on their behalf); another column has a 6 month reserve which was deducted to arrive at their surplus; the borrower could get a check back as this represents a true surplus, or if it is a deficit, to get them to their 6 month cushion. The detail shows that six loans are current and don’t have late fees or any other issues other than the escrow deficit. She noted that they are moderate income, first time home buyers, that she does not believe would have the capacity to write a check for $5,000. She said she has entered possible solutions, but she is looking to the investor 352 of 537 Evanston Housing Corporation Board Meeting Minutes of 3-5-14 Page 6 of 11 bank representatives for their expertise and that this will be the discussion in the next step, with the drill down of the portfolios. Ms. Poole added that two owners are renting their homes and have asked for short sales, one of whom lives in New Jersey. One was board approved and one was staff approved. This will be part of the loan structuring modification discussion. Page 57: Lists those current with late fees and in escrow deficit: pulled because it impacts the loan ledger. Since the City has been servicing the loans, for many reasons, many late fees were incorrectly assessed or applied to accounts with wrong amounts or wrong dates and for each month, the inconsistencies effect their principal and interest, as well as the investors’ incomes if they are tampered with, so they recommend, if late fees are applied and paid, leave them; if they were applied incorrectly and inconsistently and paid, to apply them to the escrow account to help pay down the escrow deficit. This could impact the homeowners’ tax returns. Page 58: Lists three delinquent borrowers, two of which have HOME loans as well, so the City has a great interest in making sure that these are resolved in positive way that keeps people in their homes. Recommend serious loan modifications or short sales. Ms. Poole said she has documentation of the homeowner’s correspondence. They have asked Ms. Poole for short sales. The City is making every effort to do right by their loans. Recommendation: The recommendation is for approval of the board for the City to work with the home owners. This would mean perhaps getting some on a payment plan, but Ms. Poole suggested that as banks, they may have the capacity and perhaps mortgage products that can help the homeowners that are in this situation. Ms. Poole said the Board would need to decide whether to have a subcommittee or working group or if any of them have a product that could help these people and take over. They will need to discuss how to make it right, the endgame being to clean up the portfolio to get it in the best working order so eventually it can be sold or figure out what the next step would be, but in its current state, they cannot do much, and the City is invested in doing right by these homeowners. Mr. Lenhardt said he does not represent the commercial bank of Chase, but they have many tax credit equity partnerships and stock partnerships and one thing they might consider, if all agree, perhaps, is to assign their interest to another 501C3 to take this forward and let them do what they do best with whatever home ownership programs they might have available. He said he and Beverly Meek discussed possibly connecting with Mercy Housing or a local organization that the City participates with, transfer the partnership and let them fix the assets and liabilities so they can do what they intended from the beginning, which is to expand home 353 of 537 Evanston Housing Corporation Board Meeting Minutes of 3-5-14 Page 7 of 11 ownership opportunities to moderate income, first time homebuyers. At Ms. Poole’s inquiry, Mr. Lenhardt clarified that he meant not particularly fixing it first, because he does not have the expertise to fix them that an entity that specializes in this has. Mr. Decoux agreed and suggested that someone like NHS may potentially be interested. It would make sense for them to consider it. He said, much like Mr. Lenhardt, he specializes in multi-family. He said he does not believe that most of the homeowners will quality for refinancing, unfortunately. He said most of them are probably stuck and it just needs to be serviced properly. Chair Lyons asked whether, regarding the income statement, the participants would be willing to devote part of the income statement to pay the administrator to fix it and create an exit strategy, though he is not sure that the City is exiting. He asked for clarification of the proposed relationship with a Mercy Housing-type-entity, whether Mr. Lenhardt meant to get the $100,000 down, since the home owners are having trouble with the $100,000. Mr. Decoux suggested finding out whether there is interest from NHS or Mercy or others and they may have a different idea on how they would propose to take it over; maybe it would just simply be assigned to them and they take over. Chair Lyons said he would entertain a motion that City staff be directed to open discussions with potential takeover organizations and report back at the next meeting. Mr. Lenhardt moved to direct City staff take over assumption of the duties of the corporation by another party, whether in the form of by fee or assignment, and report back. Mr. Lenhardt added if there are fees and expenses involved with the process, City staff would be reimbursed to some extent for the administrative costs in searching and everything else involved, that these assets could be used to further that end. The motion was seconded by Mr. Decoux. Chair Lyons said staff would present an estimate of expenses before spending. The Board voted unanimously, 7-0, in favor of the motion. Mr. Decoux said if another entity services the loans, the corporation is not really being dissolved, so perhaps the discussion should go further into what their interest would be in actually acquiring the portfolio. Ms. Poole agreed and asked that they make sure that the board is in approval with doing what it takes to keep the home owners in their homes. She does not want to feel like it is being sent off, and they all get foreclosed on. 354 of 537 Evanston Housing Corporation Board Meeting Minutes of 3-5-14 Page 8 of 11 Mr. Decoux said another option would be that the investor banks simply assign all their interest to the City: where they have a servicer, the corporation is dissolved and NHS or someone manages it for EHC, and the investment goes into the EHC fund. He said it seems like the best solution that the investor banks assign their interest to the City. Chair Lyons said it would be added to the list of options. He requested of those present that if they are not their individual institution’s residential mortgage representative that they check before we start to divest, whether they need approval from someone else at the bank, in case they are putting into their Federal form “X” every year. We don’t want to do anything you are going to hear about later. Mr. Decoux said they have written off the full amount of their investment. Mr. Utterback said they have written theirs off too. He doesn’t believe they are reporting anything other than additional income when they do get the disbursements. Ms. Poole asked for a letter from each bank. Mr. Ciaccia said they currently reflect the balance of the loans but they have been requested to take it off the loans and report it as an investment. Ms. Haines of BMO Harris said they hold it as an investment and all of their payments have brought down the balance, so they still have a balance, so there would be a process before it would be assigned. Mr. Lenhardt asked what the actual collateral value is of the portfolio. The board discussed getting appraisals for the properties as the next step to refinancing and it should be the next step for understanding the true value of the portfolio and in deciding whether the banks will assign their investment shares. Ms. Poole said she has access to appraisers who can do the job. Ms. Flax said they procured carefully on the appraiser they used for the NSP2 process. Ms. Poole confirmed that 13 appraisals would be needed. At Ms. Dunn’s inquiry, Ms. Masoncup said she would find out whether the City as a non-profit is subject to government regulations. Mr. Lenhardt said in-house Council at J.P. Morgan Chase will review the by-laws but if in fact, it says that all the assets revert to the EHC or a 501C3, and there is no upside or downside, then they don’t necessarily need appraisals. Chair Lyons clarified that it is the income stream they are forfeiting. Mr. Lenhardt added, “any assets, after paying liabilities.” At Ms. Dunn’s inquiry, Mr. Cook confirmed that the banks receive the interest as income for the year, minus expenses. Mr. Lenhardt asked whether, in the ultimate dissolution, the dollars would keep recycling or if there would be a point where the investors would reach the term of their investment and receive their money back, and 355 of 537 Evanston Housing Corporation Board Meeting Minutes of 3-5-14 Page 9 of 11 where any assets after the investors receive their initial investment would go. Mr. Cook said at the end of the 30 year term in 2032, all the loans are paid off and in theory, the organization would have the cash to repay the banks their loans. Ms. Flax said EHC’s current extension runs through some time this year. Mr. Cook clarified that extensions pertain, in essence, to new loans, so they can make loans up to this time period; every time that limit is met, they extend another 5 years and sell the portfolio off, so they have a new influx of cash, and they extend the time period. Mr. Lenhardt clarified that the $800,000 on the balance sheet represents the investments that were recycled but not re-deployed. Ms. Poole said originally it was like a revolving loan fund and they stopped the revolving so they are holding the cash for now. Mr. Lenhardt said the re-disposition of that might require a closer look in relation to the overall LP interest. Chair Lyons asked Ms. Poole if EHC has any previous financial statements going back to when the last bundle was sold. Ms. Poole said she will look for them. Chair Lyons suggested that whether the $800,000 could be used to make new loans would be part of an exit strategy discussion. Ms. Poole asked whether NHS or Mercy could do the origination if they took over. Mr. Cook said the minutes show that they would get down to a certain level, such as $800,000, and they would start the process of trying to sell the portfolio to get new funds in, in order to make new loans. Ms. Poole asked whether anyone was interested in buying the portfolio. VIII. NEXT STEPS Mr. Lenhardt proposed a motion for staff to get a price for the appraisals to be approved by the Board by email. Ms. Masoncup said the by-laws would need to be amended to allow the board to participate in a meeting by conference call. Chair Lyons said staff would provide the results of their findings regarding appraisals for all 13 properties, but the board needs to vote upon authorizing the expenditure. It could be specified as not to exceed a certain amount and the City will notify the board if they cannot get it done within the approved amount. Ms. Flax said they are approximately $350 each, so the cost would not exceed $5,000. Mr. Lenhardt moved to approve City staff’s attaining 13 appraisals of the current loan portfolio at a price not to exceed $5,000, seconded by Mr. Uttterback. The Board voted unanimously, 7-0 to approve the expenditure. 356 of 537 Evanston Housing Corporation Board Meeting Minutes of 3-5-14 Page 10 of 11 Ms. Poole will strive to have the appraisals done and the results distributed before the next meeting, which had been proposed for July 30th, 2014. Ms. Poole said staff would continue to service the loans as they have been prior to the next meeting because if it is going to be sold or assigned, as it doesn’t make sense to devote staff time to cleaning it up prior. Ms. Poole confirmed to Ms. Dunn that the 1st installment 2012 tax bills have been paid. At Ms. Dunn’s inquiry, Ms. Poole said she is obtaining proof of the homeowners’ insurance as a compliance matter but that EHC does not escrow for it. Chair Lyons said he does not want City staff to wind up getting everyone into compliance if it is going to be decided that it is going to sold. If it is sold, the insurance will need to be in place but if it is assigned to NHS or Mercy, it may not be required. Mr. Decoux suggested meeting before July 30th. Chair Lyons suggested that the appraisals must be ready by the next meeting and Ms. Poole said she will provide the appraisals to the members before the next meeting. Ms. Flax estimated that the appraisals could be done in approximately a month. The Board discussed having the next meeting on Wednesday, May 14th at 3:00 p.m.. Ms. Masoncup explained that the current by-laws do not provide for a tele- conference meeting, nor do Robert’s Rules, so the by-laws need to be amended to provide for teleconference and how a quorum would be established, whether it would be physical or not, and a notice must be on the agenda before it can be amended, but as counsel, she advised that at this first meeting, this requirement can be waived if the members seek to waive it and a motion can be made to provide for teleconferencing. Mr. Lenhardt moved to waive the rule regarding notice for amendments to the by-laws as noted by the City Attorney, seconded by Mr. Utterback. The Board voted unanimously, 7-0 to approve the motion. Mr. Decoux moved that the board should provide for teleconferencing with no physical quorum required, and a draft amendment to the by-laws will be prepared and fully approved, seconded by Mr. Utterback. Chair Lyons set the meeting date of the next meeting for May 14 th at 3:00 p.m. in the Aldermanic Library, for staff, unless otherwise noticed by email. Chair Lyons asked whether there was any other business that any 357 of 537 Evanston Housing Corporation Board Meeting Minutes of 3-5-14 Page 11 of 11 member of the board would like to bring forward. Mr. Decoux suggested a communication regarding some issues that were shared via the emails and Ms. Flax agreed. Ms. Poole agreed that the appraisals are an important first step. Chair Lyons stated that the board’s direction is for staff to reach out to current loan recipients as to the status of their loans and the impending appraisals and plans. Mr. Decoux agreed that the ones who reached out for short sale should be notified that some resolve is being planned. Chair Lyons noted that the officers had not yet been appointed and it would be addressed at the next meeting. Ms. Poole asked whether she should do research on NHS or Mercy or is she to wait for the appraisals. IX. ADJOURNMENT Mr. Utterback moved to adjourn, seconded by Mr. Lenhardt. The meeting was adjourned at 4:20 p.m. Respectfully submitted, Bobbie Newman 358 of 537 For City Council meeting of April 8, 2014 Item H1 Business of the City by Motion: Township Payroll and Bills for March 2014 For Action To: Honorable Mayor and Members of the City Council Human Services Committee From: Wally Bobkiewicz, City Manager Subject: Township of Evanston March 2014 Bills Date: April 4, 2014 Recommended Action: Township of Evanston Supervisor recommends the City Council to approve the Township of Evanston bills, payroll, and medical payments for the month of February 2014. The total approved to be paid is $$161,396.49. Funding Source: Township budget, see attached bills list. Summary: Township of Evanston monthly expenditures require Township Trustees approval. Attachments: February GA Accounting Report February Client Monthly Medical Report February Client EAS Monthly Report February/March GA Office Depot Bills Memorandum 359 of 537 360 of 537 361 of 537 362 of 537 363 of 537 364 of 537 365 of 537 366 of 537 367 of 537 368 of 537 369 of 537 370 of 537 371 of 537 372 of 537 373 of 537 374 of 537 375 of 537 376 of 537 377 of 537 378 of 537 379 of 537 380 of 537 381 of 537 382 of 537 383 of 537 384 of 537 385 of 537 386 of 537 387 of 537 388 of 537 389 of 537 390 of 537 391 of 537 392 of 537 393 of 537 394 of 537 395 of 537 396 of 537 397 of 537 For City Council meeting of April 8, 2014 Item H2 Business by Motion: Evanston Animal Care and Control Operations For Action To: Honorable Mayor and Members of the City Council Members of the Human Services Committee From: Wally Bobkiewicz, City Manager Subject: Evanston Animal Care and Control Operations Date: April 4, 2014 Recommended Action: It is recommended that the City Council: 1) receive this report; 2) approve the City of Evanston Animal Control Policy; 3) approve the Volunteer Animal Organization Partnership Policy; 4) direct the City Manager to create an Evanston Animal Shelter Fund to receive donations for the Animal Shelter; 5) introduce Ordinance 54-O-14 creating the Evanston Board of Animal Care and Control; 6) receive and file report from Corporation Counsel on legal options regarding donations received to support the Evanston Animal Shelter; 7) provide direction to City Manager regarding City reimbursement of costs regarding volunteer rescue activities. If C.A.R.E. wishes to negotiate a new one year agreement with the City pursuant to the Animal Control Policy and Volunteer Animal Organization Partnership Policy it is recommended that the City Council direct the City Manager to negotiate such agreement and return to the City Council on April 28, 2014 with agreement for review and approval. If C.A.R.E. declines to negotiate a new agreement it is recommended that the City Council: 1) authorize the City Manager to issue notice to C.A.R.E. ceasing relationship with City at the Evanston Animal Shelter and to work with C.A.R.E. to vacate the animal shelter no later than 5:00 PM Friday May 9, 2014; 2) direct the City Manager to issue a Request for Qualifications to volunteer animal organizations to express interest in working at Evanston Animal Shelter no later than Friday April 25, 2014; 3) direct the City Manager to return to the City Council on April 28, 2014 with status report on these activities. The City has received a communication from the C.A.R.E. Board of Directors (Attachment 1) on these matters. It is unclear to me from reading the letter if C.A.R.E. wishes to engage in further discussions on an agreement using the policies developed as a framework or not. Memorandum 398 of 537 Summary: Staff has prepared final documents to implement the various policies: A. Animal Control Policy: A final version of the Policy is attached which incorporate language on cat care (Section F1) and use of donations (Section 7). B. Evanston Animal Shelter Fund: The City Council action would create the Fund. C. Board of Animal Care and Control: Ordinance 54-O-14 would create Board. D. Volunteer Animal Organization Partnership Policy Final version of the policy is attached for the City Council’s consideration. The Human Services Committee also asked that staff follow up on a few additional issues. Memorandum is attached from Corporation Counsel Farrar on C.A.R.E. financial issues. The Committee also asked that staff consider reimbursement to interested volunteers who have spent their own funds to support operations at the Animal Shelter not supported by C.A.R.E. Staff is asking for direction on how to proceed in this matter. Attachment: 1. April 4, 2014 Letter from C.A.R.E. Board of Directors 2. Animal Control Policy 3. Ordinance 54-O-14 4. Volunteer Animal Organization Partnership Policy 5. Memorandum from Corporation Counsel 399 of 537 Communit y Animal Rescue Effort A Unique Shelter Matching Pets With People Since 1987 April 4, 2014 Mr. Wally Bobkiewicz City Manager City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Thank you for your e-mail of April 1, 2014 following the City’s Human Services Committee meeting on March 31, 2014. Your e-mail asked Community Animal Rescue Effort, Inc. (C.A.R.E.) for a statement of its intentions moving forward and whether C.A.R.E.’s board of directors would engage in negotiations for a new agreement should the City Council adopt the policies discussed at the meeting. It is unclear what you mean by the “policies” discussed at the Human Services Committee meeting. No formal policies were proposed by the Human Services Committee and, as you acknowledged, any such policies have not yet been adopted by the City Council. If the City Council wishes to propose certain policies to be implemented on a going forward basis with respect to the involvement of C.A.R.E., we would welcome that opportunity to review any such proposed policies and provide a response to you if they are consistent with the mission of C.A.R.E. With respect to the intentions of C.A.R.E. moving forward, our all-volunteer organization remains committed to its long-standing mission of serving communities throughout Chicago’s North Shore and beyond, including Evanston, by: (1) promoting and encouraging the adoption of small animals into caring home environments; (2) promoting and encouraging the education of pet owners and prospective pet owners in the care, training and treatment of pets; (3) promoting, encouraging and fostering any educational, research, or scientific purpose or activity that would further the well-being of animals, great or small, wild or domestic, and (4) having our volunteers assist the City of Evanston and certain of its departments and units to provide quality stewardship to the animals entrusted to their care and to alleviate the animal control wardens and employees of as much routine day-to-day activities as are permitted by regulation. Since its founding in 1987, our all-volunteer organization has been responsible for saving the lives of thousands of dogs and cats that were adopted and otherwise would have been euthanized. C.A.R.E. and its volunteers have worked tirelessly, donated thousands of hours of service and provided substantial funding to further animal rescue efforts in the communities of the North Shore, including Evanston and its animal shelter, by making substantial improvements to the shelter, paying for routine and extraordinary medical costs for the animals, purchasing supplies and, of course, providing additional staffing for the shelter. From the very beginning, C.A.R.E. volunteers have worked tirelessly to create a shelter and adoption center out of what was once little more than a city pound. In Evanston, we are proud of the work we’ve done to find homes for dogs and cats within the community – providing good pets that make good neighbors for everyone. It has always been our goal to ensure the safety of our community, which of course led to controversy over the behavior testing methods we used and how they are interpreted. It is important to point out the limit of our authority as a volunteer group: We have never possessed, or ever wanted, the final say-so on the euthanasia of an animal. That decision lies solely with the Evanston Chief Animal Warden, as it always has. It is important to point out that we have always been respectful and open to ideas regarding operating procedures at the Evanston animal shelter. We even implemented a number of changes in response, and were open to constructive dialogue on others ways we could better align with changing opinions on the operation of the shelter. Sadly, meetings that were advertised as working sessions were transformed into public witch hunts, full of grandstanding and finger pointing. As a group that came in to have a meaningful and open conversation, we were dismayed time and again by the treatment we received at the hands of the Human Services Committee – in particular, its subcommittee. Perhaps most disappointing was the “draft” document we recently received from the City. Based on the committee meeting, we thought we would receive a “vision” document that would outline new goals for the shelter and discuss how daily operations and communication might be improved. Instead, we were given an operational outline that required the VAO to be responsible for all for all capital costs, financing general operations and maintaining the building, with little say in the functions of the daily work of the shelter or the animals. In sum, we have been extremely disappointed with the manner in which the City has dealt with our organization, during the past several years. The last time C.A.R.E. had the privilege of meeting privately with City representatives, we were asked to provide a description of what needed to be addressed on a going forward basis with respect to the animal shelter. Yet, the City provided no response to C.A.R.E. on its recommendations. At this same meeting, you and the Mayor recommended that these issues should not go to the City Council or the press, yet the City brought these issues to the attention of the press and put them on the Human Services Committee agenda without any discussion with us. We have tried to work with the city time and again. This instance is yet another in our ongoing frustration with this long and needlessly rancorous process. We have submitted proposals for improvements in our working relationship, only to receive no response. We have agreed to have private, working sessions with the City Council, only to have the City go to the press without any input from us. Our volunteers have tried tirelessly to reach out to city aldermen for help, but were told that their hands were tied. After months of having our commitment, compassion and experience questioned, it seemed fruitless to comment on a draft proposal that fell far short of addressing important and overarching issues related to the City’s animal shelter. Accordingly, C.A.R.E. is open to forging a new, and different, relationship with the City as we continue to grow as an independent, all-volunteer local rescue group that serves Evanston and the surrounding communities. If the City decides that it wishes to have another organization provide volunteers for its shelter, then C.A.R.E. will respect that decision. Sincerely, Community Animal Rescue Effort Board of Directors 400 of 537 C.A.R.E., P.O. Box 1964, Evanston, Illinois 60204 phone 847–705–2653 web www.care-evanston.org shelter address 2310 Oakton Street, Evanston, Illinois 60202 April 4, 2014 Mr. Wally Bobkiewicz City Manager City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Thank you for your e-mail of April 1, 2014 following the City’s Human Services Committee meeting on March 31, 2014. Your e-mail asked Community Animal Rescue Effort, Inc. (C.A.R.E.) for a statement of its intentions moving forward and whether C.A.R.E.’s board of directors would engage in negotiations for a new agreement should the City Council adopt the policies discussed at the meeting. It is unclear what you mean by the “policies” discussed at the Human Services Committee meeting. No formal policies were proposed by the Human Services Committee and, as you acknowledged, any such policies have not yet been adopted by the City Council. If the City Council wishes to propose certain policies to be implemented on a going forward basis with respect to the involvement of C.A.R.E., we would welcome that opportunity to review any such proposed policies and provide a response to you if they are consistent with the mission of C.A.R.E. With respect to the intentions of C.A.R.E. moving forward, our all-volunteer organization remains committed to its long-standing mission of serving communities throughout Chicago’s North Shore and beyond, including Evanston, by: (1) promoting and encouraging the adoption of small animals into caring home environments; (2) promoting and encouraging the education of pet owners and prospective pet owners in the care, training and treatment of pets; (3) promoting, encouraging and fostering any educational, research, or scientific purpose or activity that would further the well-being of animals, great or small, wild or domestic, and (4) having our volunteers assist the City of Evanston and certain of its departments and units to provide quality stewardship to the animals entrusted to their care and to alleviate the animal control wardens and employees of as much routine day-to-day activities as are permitted by regulation. Since its founding in 1987, our all-volunteer organization has been responsible for saving the lives of thousands of dogs and cats that were adopted and otherwise would have been euthanized. C.A.R.E. and its volunteers have worked tirelessly, donated thousands of hours of service and provided substantial funding to further animal rescue efforts in the communities of the North Shore, including Evanston and its animal shelter, by making substantial improvements to the shelter, paying for routine and extraordinary medical costs for the animals, purchasing supplies and, of course, providing additional staffing for the shelter. From the very beginning, C.A.R.E. volunteers have worked tirelessly to create a shelter and adoption center out of what was once little more than a city pound. In Evanston, we are proud of the work we’ve done to find homes for dogs and cats within the community – providing good pets that make good neighbors for everyone. It has always been our goal to ensure the safety of our community, which of course led to controversy over the behavior testing methods we used and how they are interpreted. It is important to point out the limit of our authority as a volunteer group: We have never possessed, or ever wanted, the final say-so on the euthanasia of an animal. That decision lies solely with the Evanston Chief Animal Warden, as it always has. It is important to point out that we have always been respectful and open to ideas regarding operating procedures at the Evanston animal shelter. We even implemented a number of changes in response, and were open to constructive dialogue on others ways we could better align with changing opinions on the operation of the shelter. Sadly, meetings that were advertised as working sessions were transformed into public witch hunts, full of grandstanding and finger pointing. As a group that came in to have a meaningful and open conversation, we were dismayed time and again by the treatment we received at the hands of the Human Services Committee – in particular, its subcommittee. Perhaps most disappointing was the “draft” document we recently received from the City. Based on the committee meeting, we thought we would receive a “vision” document that would outline new goals for the shelter and discuss how daily operations and communication might be improved. Instead, we were given an operational outline that required the VAO to be responsible for all for all capital costs, financing general operations and maintaining the building, with little say in the functions of the daily work of the shelter or the animals. In sum, we have been extremely disappointed with the manner in which the City has dealt with our organization, during the past several years. The last time C.A.R.E. had the privilege of meeting privately with City representatives, we were asked to provide a description of what needed to be addressed on a going forward basis with respect to the animal shelter. Yet, the City provided no response to C.A.R.E. on its recommendations. At this same meeting, you and the Mayor recommended that these issues should not go to the City Council or the press, yet the City brought these issues to the attention of the press and put them on the Human Services Committee agenda without any discussion with us. We have tried to work with the city time and again. This instance is yet another in our ongoing frustration with this long and needlessly rancorous process. We have submitted proposals for improvements in our working relationship, only to receive no response. We have agreed to have private, working sessions with the City Council, only to have the City go to the press without any input from us. Our volunteers have tried tirelessly to reach out to city aldermen for help, but were told that their hands were tied. After months of having our commitment, compassion and experience questioned, it seemed fruitless to comment on a draft proposal that fell far short of addressing important and overarching issues related to the City’s animal shelter. Accordingly, C.A.R.E. is open to forging a new, and different, relationship with the City as we continue to grow as an independent, all-volunteer local rescue group that serves Evanston and the surrounding communities. If the City decides that it wishes to have another organization provide volunteers for its shelter, then C.A.R.E. will respect that decision. Sincerely, Community Animal Rescue Effort Board of Directors 401 of 537 1 | P a g e FINAL – 04/04/14 ANIMAL CONTROL POLICY SECTION 1: OVERVIEW The purpose of this Policy is to guide operations and management of the animal control facility at 2310 Oakton Street Evanston, Illinois (the “Shelter”). The Policy establishes a baseline on certain issues in order to provide consistency and predictability at the Shelter and formally set expectations between the City and a designated volunteer animal organization (“VAO”). If there are any contradictions between this Policy and the Police SOP, this Policy shall dictate and control against the Police SOP or any other unnamed existing policies. The categories addressed in this Policy should not be considered exhaustive, if the Policy is silent on an issue, the Police SOP shall prevail. Lastly, the Policy unequivocally sets forth that the Chief Animal Warden shall make final disposition decisions for animals under the Shelter’s care. SECTION 2: BEHAVIOR EVALUATION, TRAINING AND OVERSIGHT A. Party Vested with Decision Making Authority for Animals at the Shelter : The Chief Animal Warden is responsible for all decisions regarding disposition decisions for dogs under the Shelter’s supervision. To that end, the Chief Animal Warden is the final authority on determinations of adoption, foster care, rescue or euthanasia for a subject animal. For dogs, disposition decisions will be based on the SAFER evaluation, written documentation about the dog’s behavior in the kennel, and observations by Shelter staff and volunteers. If the Chief Animal Warden believes adoption by the VAO is the best option for the animal and VAO agrees with the decision, then the VAO may put the dog up for adoption. If the recommendation is euthanasia by the VAO and/or the Chief Animal Warden, the decision may be appealed to the City Manager or the Circuit Court of Cook County. B. Evaluation Testing: The SAFER Test, or a similar test chosen by the Board of Animal Control (the “Board”), must be administered by a certified assessor with a trained observer. The VAO shall not perform behavior evaluations on dogs at the Shelter; the City shall be responsible for administering the SAFER test and establishing criteria for performance of the evaluation. The VAO shall pay any and all fees associated with evaluations or training performed by professional consultants. C. Evaluation Training: The City will contract with the American Society of Prevention of Cruelty to Animals (ASPCA) to conduct training at the Shelter facility for individuals that participate in behavior evaluations. Mandatory participants in the training will include: Chief Animal Warden, Deputy Animal Warden and any volunteers that assist with rescues. Only individuals that participate and receive SAFER training certification from the aforementioned training are able to conduct behavior evaluations. The City will provide training for both current and future volunteers. The City will ensure that ASPCA conducts regular on-site visits to the Shelter to evaluate the testing methods and provide feedback if participants need improvement. 402 of 537 2 | P a g e FINAL – 04/04/14 D. Evaluation Logistics: The City will coordinate with ASPCA on viable evaluation testing room sites. One potential site to be evaluated by the City and ASPCA is the temporary usage of the City’s recycling center given it is currently used as a storage facility and could accommodate a space for testing. The selected VAO shall agree to pay for any building alterations to the Shelter, purchase of a shed, or other Shelter facility concerns raised by ASPCA. All assessments shall be videotaped and records will be maintained for a period of 90 days. The written documentation and recordings will be readily available to all individuals from the City, VAO or the volunteer pool that need access to the evaluation results. E. Evaluation Results: The SAFER score will try to avoid designations of “pass” or “fail”, rather will inform the Chief Animal Warden of potential options for the respective dog under review, but it will not be sole source of information for a determination regarding adoption, future behavior training needed prior to adoption, foster home, release to a rescue partner or euthanasia. The Chief Animal Warden will use the feedback from the evaluation assessor and volunteer observations of the subject dog prior to making a disposition decision. F. Kennel Enrichment: The City and the VAO will increase its efforts to provide enrichment programs for all animals. 1. Cat and Kitten Enrichment: While kenneled, in Isolation, or Quarantine, cats and kittens have limited handling contact, although they also have some interaction with people as staff and patrons walk through the area -- usually responding to the animals by talking to them. Cats and kittens that are in isolation or quarantined due to suspected illness will have limited handling contact to avoid the spread of disease. Hands will be washed between each cat and kitten to also ensure and avoid the spread of disease. Trained volunteers will handle these cats and kittens to ensure they stay socialized and ready for adoption when they are deemed able to leave isolation. Cats and kittens that are deemed healthy and adoptable will be handled by trained volunteers to ensure they stay socialized and adoptable. The public interested in adopting these cats and kittens will be able to handle these cats and kittens, with a trained volunteer, in a room which has been sanitized to limit the potential for the spread of illness. Cats that are determined to be feral will be transferred to an approved rescue when possible. Feral kittens will be worked with and socialized by trained volunteers. Trained volunteers can attempt socialization with these cats if it is approved by the Animal Warden. 403 of 537 3 | P a g e FINAL – 04/04/14 All cats will be spayed/neutered and vaccinated. Kittens will be vaccinated and then spayed/neutered upon the vets recommendation. 2. Canine Enrichment: Enrichment helps dogs and puppies maintain their mental, physical, and emotional health so that they remain good adoption candidates and don’t become behaviorally at risk. All canines at the Shelter shall receive enrichment of some variety, provided that time and resources are available. The type of enrichment provided will vary based on the dog’s SAFER evaluation and other observations as outlined above. Procedures will be developed to outline the potential kennel enrichment methods to be utilized. G. Removal from Shelter: Any and all animals at the Shelter are the property of the City of Evanston and not property of the VAO until release. Animals are not to be removed from the Shelter or housed off-site without the written permission of the Chief Animal Warden or his or her designee. Any removal or housing off-site will become part of the animal’s permanent record. SECTION 3: VACCINATIONS AND SPAY/NEUTER A. Vaccinations: This Policy requires vaccination of all dogs and cats within 72 hours of admission to the Shelter, or as soon as practicable, unless there is clear evidence that the animal’s owner plans to return for the animal, or that the animal has already received the required vaccinations. The Chief Animal Warden shall determine the proper party to administer the vaccination, either a licensed veterinarian or volunteer medical director. The veterinarian administering the vaccine shall give the Shelter a rabies vaccination certificate to put in the animal’s file. If the veterinarian believes that the animal’s health would be adversely affected as a result of a vaccination, the veterinarian shall give the Chief Animal Warden a signed and dated statement indicating the opinion. The VAO is responsible for all costs and expenses relating to vaccinations of animals at the Shelter. B. Spay/Neuter and other Medical Care: Vaccines must be completed prior to the spay/neuter surgery. Any animal that cannot have vaccines will be handled on a cas e by case basis by the shelter partners and other providers. All animals will be spayed and neutered unless the Chief Animal Warden waives the requirement (i.e. the animal is planned to be euthanized). All cost and expenses related to spay/neuter services will be paid with VAO funds. SECTION 4: RESCUE PROCEDURES A. Foster Homes and Rescue Group Outreach: In conformance with the goals outlined in Police SOP 1.15 Adoptions by Animal Welfare Organizations and Adoptions of Animals Other than Dogs and Cats, the City will continue to actively develop working partnerships with rescue organizations. To further this goal, the City will submit the appropriate paperwork to facilitate the process and partnership opportunities between the Shelter and other animal welfare organizations. The volunteers at the Shelter as of 404 of 537 4 | P a g e FINAL – 04/04/14 the Effective Date focused on rescue efforts shall be referred to as the “Rescue Team”. Shelter space shall be provided to accommodate efforts of the Rescue Team. B. Rescue Decision for Dogs: The Chief Animal Warden will evaluate all of the information that is available regarding the animal’s behavior, health and its environment prior to making a decision. If the Chief Animal Warden elects that rescue is in the best interests of the dog, the Rescue Team shall immediately begin to contact rescue organizations who are designated partners with the Shelter. The rescue organizations will work with the City to place the dog as soon as possible. At the discretion of the Chief Animal Warden, she or he may elect to place the subject dog with a foster home that has an existing partnership with the City. In the discretion of the Animal Warden, she or he may elect to place a dog in a foster home or adoption. C. Placement Efforts Post-Rescue: All efforts related to the rescue of a dog should be devoted to removing the dog from the existing environment and placing the dog with a new home within 30 days of rescue. The City and the VAO will coordinate to develop a proposal to facilitate the 30-day target date to be presented to the Board for review and approval. VAO must be an advocate for each dog at the Shelter and must work with the City on efforts of placement, such as posting pictures of dogs on social media and web sites, participating in offsite adoption events, and identifying a pool of qualified foster homes. SECTION 5: FERAL CATS A. No City Regulation of Feral Cats: To date, the City has no regulations addressing feral cats and in the absence of such regulation, existing Cook County regulations control. Enacted in 2007, Cook County’s Ordinance 07 -O-72 “Managed Care of Feral Cats” (the “Feral Cat Ordinance”) designates animal welfare organizations and people vetted by those organizations as “colony caretakers”. The animal welfare organizations conduct trapping, along with neutering/spaying cats and then returning the cats to the location that they were found, under the Feral Cat Ordinance. B. Interface with County Ordinance: The aforementioned Feral Cat Ordinance provides that an animal control officer from either the County or the City may investigate violations of the Feral Cat Ordinance. City animal control officers are to investigate nuisance complaints of feral cats. The Feral Cat Ordinance aims to keep the existing cats alive while preventing future generations of felines and in furtherance of that objective the Shelter shall follow said Ordinance and assist as needed. The City and the VAO shall develop a trap/neuter/return program for Evanston’s feral cats with an approved Colony Caretaker. SECTION 6: RECORD KEEPING AND PUBLIC RELATIONS A. Freedom of Information Act: Pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure 405 of 537 5 | P a g e FINAL – 04/04/14 within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the VAO’s control, VAO shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and VAO shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records or part thereof, are applicable. VAO shall indemnify and defend the City from and against all claims arising from Freedom of Information Act requests. VAO shall also cooperate with the City to produce any documents in compliance with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City. B. Access to Records: The VAO agrees to permit City access to any and all records, including communications, on animals under their control. The Chief Animal Warden and Rescue Team volunteers will maintain computerized records of all activity relative to the animals going forward, using specialized software to be chosen by the City and purchased with VAO funds such as PetPoint. Each animal will have a complete file which will contain details regarding the animal and Shelter efforts to date. These records will be the property of the City of Evanston and kept by the Chief Animal Warden on site. C. Communication: 1. Volunteers and animal control officers will complete customer service training. Course content will be devoted to greeting the customer (either by p hone or in person), questioning to understand the customer’s need or problem, listening, confirming understanding, responding with value, using positive language, and the importance of body language and tone of voice. Volunteers and employees who are properly trained and who demonstrate professional customer service skills can improve customer satisfaction and customer loyalty. 2. Hours for Adoption will be expanded to Monday through Friday from 12 p.m. – 8 p.m.; Saturday 12 p.m. – 6 p.m. and Sunday 12 p.m. – 6 p.m. in order to better serve the animals at the Shelter by increasing opportunities to visit the Shelter and potential adoptions. Additional hours to be approved by the Board and also approval by the City Council, if budget implications. 3. Any group e-mail communication among VAO volunteers must be made available to all volunteers at the Shelter to ensure consistency in operations (i.e. the Yahoo Group must provide access for all volunteers). SECTION 7. DONATIONS The City and VAO will establish procedures to clearly identify how community members may financially support the City and/or VAO operations of the animal shelter. Any food or materials donated at the animal shelter shall be used in the animal shelter operation or be donated to individuals or groups in Evanston. 406 of 537 4/3/2014 54-O-14 AN ORDINANCE Establishing the Board of Animal Control NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: BOARD ESTABLISHMENT & COMPOSITION: The Mayor, with the approval of the City Council, shall appoint seven (7) persons who shall constitute and be known as the Board of Animal Control. The Board members shall include 2 City Council members; 1 member of the Volunteer Animal Organization (“VAO”); and 4 members at large that are residents of the City of Evanston. The Chief Animal Warden shall serve as a staff liaison to the Board. SECTION 2: ORGANIZATION: The Board shall annually, on the first meeting of the year, elect a Chair and Vice Chair. Each Board member shall serve a three (3) year term until his or her successor is appointed and qualified. At the discretion of the Mayor, each Board member may be reappointed for one (1) additional term. The Board shall select from its membership a Chair and Vice Chair on an annual basis. Such selection shall occur at the first meeting of the calendar year. Persons so selected shall serve for terms of one (1) year and may be reelected. The Board shall adopt rules for the conduct of its meetings and keep written minutes. All Board meetings shall be held in accordance with the Illinois Open Meetings Act (5 ILCS 120/1 et seq., as amended) and all records kept in accordance with the Illinois Freedom of Information Act (5 ILCS 140/1 et seq., as amended). The Board shall meet four (4) times per year on a quarterly basis and at the call of the Chair. Four (4) members shall constitute a quorum. No meetings shall be conducted and no actions shall be taken without a quorum present. The members of the Board shall serve without compensation. SECTION 3: POWERS AND DUTIES: In carrying out its responsibilities and in meeting the purposes of the Board, the Board shall set priorities related to issues regarding animal control and the City animal shelter in the City of Evanston. The Board shall have the following specific powers and duties: 407 of 537 54-O-14 ~2~ A. The Board shall review, provide feedback and suggested revisions and approve the City’s Animal Control Policy (the “Policy”) and any amendments thereto. B. Fundraising efforts for the Animal Shelter Fund will be organized and coordinated by the Board. C. The Board shall discuss the implementation of the Policy and review monthly reports provided by the VAO and the Chief Animal Warden. The monthly report shall address issues such as a total number of dogs and cats received by the shelter, time period of evaluation completion, vaccination date, spay/neuter date, and disposition (adoption, foster home, transfer to rescue, euthanasia). The report should also update efforts on existing dogs, to include total length of time at the shelter and efforts towards a final disposition. Lastly, the report shall include any procedural concerns, facility issues, kennel enrichment efforts, and volunteer training. Members shall review issues that arise out of the implementation of the Policy and suggest options to fix the subject issue or concern raised to the Chief Animal Warden. D. The Board may explore and conduct public relations efforts in coordination with the Chief Animal Warden. E. The Board will provide input and recommendations to the City regarding issues animal control. The Board will work to determine the appropriate VAO to work with the City at the shelter. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. 408 of 537 54-O-14 ~3~ SECTION 7: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: April 8, 2014 Adopted: April 28, 2014 Approved: __________________________, 2014 _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Approved as to form: _______________________________ W. Grant Farrar, Corporation Counsel 409 of 537 Volunteer Animal Organization Partnership Policy The City of Evanston shall require any partner volunteer animal organization (VAO) to acknowledge and agree to the following conditions: • VAO will release complete copies of its audited financial statements, auditor notes and tax returns annually to allow the City to review Shelter operational expenses and costs incurred by the VAO. • Release information on mission, purpose and experience of VAO. • Disclosure of certain board member information: board member names, connection to the Evanston community, and length of service on the board. • Disclose criteria for election to the VAO Board and term limits. • Names of full-time or part-time staff, if any. • Sharing communications among all volunteers FINAL 04/04/14 410 of 537 To: Honorable Elizabeth B. Tisdahl and Members of the Human Services Committee City Manager Wally Bobkiewicz From: W. Grant Farrar, Corporation Counsel Subject: City status regarding private citizen donations to CARE Date: April 2, 2014 I write to follow up regarding a request for a legal opinion made at Monday’s Human Services meeting regarding private citizen donations to CARE. I opine that the City has no legal standing to demand CARE return or refund monetary donations made by non- city affiliated private individuals. In framing a complete response, two issues are considered. 1. Does the City of Evanston have legal standing to demand via injunctive relief recovery/return of donated funds under applicable Internal Revenue Service (“IRS”) statutes or regulations. A: No. It is undisputed that private individuals donated funds to CARE. There is no Council approved memorandum of understanding or contract between the City and CARE approving, authorizing or enacting a defined program of individual giving relative to CARE or the City’s animal shelter. Nothing exists confirming a joint City-CARE “Capital Campaign” to fund improvements. CARE is a 501(c)(3) public charitable organization registered with the IRS. At no time did the City assist or participate in registering or maintaining the 501(c)(3) status. The City is not affiliated with, or a component part of, CARE’s annual Form 990 Return of Organization Exempt From Income Tax filed with the IRS. CARE is solely responsible for any representations it made relative to sourcing, soliciting and collecting donations made by individuals. CARE is solely responsible for filing the annual Form 990’s. Pursuant to IRS Publications 557 and 4221, CARE is required to make its books available to public inspection, which would mandate a donor’s ability to inspect all required information concerning its charitable status. Should CARE refuse to do so, it may be subject to IRS penalties. Thus, any individual who donated to CARE is permitted under IRS regulations to seek information. If a donor is dissatisfied with either the scope of information disclosure or the use of donated moneys, it may be able to seek assistance from the IRS. Any other course of Memorandum 1 411 of 537 action available to a private individual constitutes legal advice, which the Law Department is ethically prohibited from offering to any individual donor or resident. No City Council members sit on CARE’s Board of Directors. Nothing in CARE’s bylaws governing that organization’s practices or procedures confers standing upon the City to dictate the use of funds collected by CARE, or to demand, sue or recover donations made by individuals. Any court would look to the applicable IRS regulations or bylaws to first determine the matter of the City’s standing. Since no standing is formally conferred, there is no set of documents or understandings which could otherwise confer “implied authority” upon the City sufficient to constitute legal standing to sue CARE. 2. Can the City demand and recover a portion of funds donated to CARE pursuant to the terms of the purported 2007 lease? A: No. The terms of the “lease” are void. During 2007-2010, there was a great deal of interaction between the City, CARE, and other entities concerning renovation of the Animal Shelter. Summarizing the course of that interaction exceeds the scope of this memorandum. However, for many reasons, no renovation of the shelter occurred. Thus, the lease is of no legal force and effect due to the failure of a condition precedent. There is nothing in the four corners of a null and void lease which confers legal standing upon the City to demand, sue, or recover individually made donations. In conclusion, there is no written agreement which confers legal authority under State or Federal law for the City to demand, sue, or recover private charitable donations. There is no implied authority that exists that could support the City filing for injunctive relief against CARE. This is a non-privileged memorandum and may be freely distributed. 2 412 of 537 For City Council meeting of April 8, 2014 Items O1 and O2 Overview Memorandum for City/Autobarn TIF Funding Agreement & Sales Tax Sharing Agreement To: Honorable Mayor and Members of the City Council From: Johanna Nyden, Economic Development Division Manager Subject: Overview of Proposed City of Evanston/Autobarn Funding Agreements Date: April 2, 2014 Summary: This memorandum serves as an overview of the proposed funding agreements before the City Council for Autobarn. Autobarn came before the Economic Development Committee in July 2013 to discuss proposed plans to relocate a portion of operations to 222 Hartrey and make needed improvements to property on Chicago Avenue. At the center of Autobarn’s plans is the shift of the storage of vehicles, some service, and other office functions to 222 Hartrey Avenue. At this location, Autobarn proposes to utilize a currently vacant industrial property just north of the Target Center on Howard Street. Autobarn intends to rehabilitate the property to include offices, interior and exterior vehicle storage, additional shop and repair space, and space to maintain records. Zoning staff has determined that the use proposed by Autobarn is permissible under the I2 zoning. Autobarn returned to the Economic Development Committee in February and requested $2.5 million in TIF funding and an extension of a sales tax sharing agreement for a period of no less than 48 months. Two resolutions follow. • Resolution 15-R-14, “Authorizing the City Manager to Execute a TIF Forgivable Loan Agreement and Promissory Note with Autobarn Motors, Ltd.”. This resolution provides funding in an amount not to exceed $2.5 million from the Howard/Hartrey Tax Increment Financing (TIF) District to Autobarn for rehabilitation of the property located at 222 Hartrey Avenue. • Resolution 12-R-14, “Authorizing the City Manager to Execute a Sales Tax Sharing Agreement with Autobarn Motors, Ltd.”. This resolution and agreement authorizes the sharing of the City’s portion of the sales tax remitted by Autobarn on a 50/50 sharing basis for a period no greater than 48 months. Background: Autobarn opened nearly 22 years ago at 1012 Chicago Avenue. At that time it was one of a small handful of car dealerships that remained in Evanston. Over the years, Autobarn has expanded from 1012 Chicago Avenue to adjacent Chicago Avenue Memorandum 413 of 537 properties and has added additional franchises to the Autobarn brand. As of today, they are the sole remaining car dealership in Evanston. In the early 2000s, Autobarn purchased property in Skokie on Oakton Avenue with the intention to relocate the entire dealership to accommodate the need for a larger footprint. In an effort to retain this important business in Evanston and prevent relocation to Skokie, the City entered into a sales tax sharing agreement with Autobarn to support expansion into the recently vacated Toyota dealership at 1015 and 1033 Chicago Avenue. This facilitated the expansion of the existing Volkswagen dealership and the attraction of the Mazda franchise from Skokie to Evanston. Summary of Public Benefit: Staff has determined that the project at 222 Hartrey provides the following public benefits: 1) Job Creation. Autobarn proposes to create 39 jobs at this location. Of these jobs, 9 will be relocated from Chicago Avenue Autobarn properties and another 30 will be created due to the additional work generated at 222 Hartrey location. 2) Traffic Management on Chicago Avenue. Heavy truck traffic along Chicago Avenue associated with the delivery of new vehicles will be relocated away from residential uses adjacent to Chicago Avenue to 222 Hartrey Avenue (McCormick and Howard Street area). This will reduce wear and tear on Chicago Avenue. It will also permit the City to convert several parking spaces on Chicago Avenue to metered parking spaces from the existing loading zones for car deliveries. 3) Re-occupancy of vacant industrial space. The City has limited property located in areas zoned for industrial uses. The utilization of this large building for industrial uses is an important component to maintaining a diversity of land uses in Evanston. 4) Increased sales at Autobarn. Autobarn has presented that the relocation of a portion of operations to 222 Hartrey will improve operations which will permit faster delivery of vehicles for sale to potential customers, which will ultimately result in an increase in more sales. 414 of 537 For City Council meeting of April 8, 2014 Item O1 Resolution 15-R-14: TIF Loan Agreement with Autobarn Motors For Action To: Honorable Mayor and Members of the City Council From: Johanna Nyden, Economic Development Division Manager Subject: Approval of Resolution 15-R-14, Authorizing the City Manager to Execute a TIF Forgivable Loan Agreement and Promissory Note with Autobarn Motors, Ltd. Date: April 2, 2014 Recommended Action: The Economic Development Committee and staff recommend approval of Resolution 15-R-14, “Authorizing the City Manager to Execute a TIF Forgivable Loan Agreement and Promissory Note with Autobarn Motors, Ltd.”. This resolution provides funding in an amount not to exceed $2.5 million from the Howard/Hartrey Tax Increment Financing (TIF) District to Autobarn for rehabilitation of the property located at 222 Hartrey Avenue. Funding Source: The Howard/Hartrey Tax Increment Financing (TIF) district (Account 5500.62605) is the proposed funding source. The adopted FY2014 budget for this TIF has an approximately $3.3 million fund balance. The FY2014 budget allocated $2.5 million for “Economic Development” activities. The TIF district opened in 1992 and is scheduled to expire in tax year 2015, with last collection in 2016. The City Council approved ordinances on November 11, 2013 amending the Howard/Hartrey TIF boundary to include the parcels associated with property located at 222 Hartrey Avenue. The Howard-Hartrey TIF Fund Summary from the FY2014 budget is attached to this memorandum. Summary: In January 2014, Autobarn purchased the property at 222 Hartrey Avenue and as owner of the property was able to value engineer the project and determined that the total project costs for the rehabilitation of the property at 222 Hartrey Avenue are approximately $5.88 million ($2.55 million for property acquisition and $3.3 million for rehabilitation of property). Autobarn’s owner, Mr. Richard Fisher estimates that there will be an additional cost of approximately $900,000 for equipment at this location. Additionally, the total monthly expense prior to expansion has been determined to be in Memorandum 415 of 537 excess of $55,000 per month or more than $660,000 annually. Mr. Fisher has provided a letter to the City that outlines these additional costs and operational concerns. This is attached to this memorandum. To offset the significant costs associated with relocation activities, Autobarn is seeking $2.5 million in TIF funding assistance for rehabilitation work. The attached TIF forgivable loan agreement outlines the following key terms and conditions (as recommended by staff and the Economic Development Committee). In summary terms include: 1) An amount not to exceed $2.5 million to be reimbursed to Autobarn following completion of specific milestones to be identified by the City and Autobarn. 2) Autobarn is responsible for completion of the project and compliance of standards that include: a. Construction of the project and rehabilitation of the property in accordance with the proposed use (i.e. abatement of asbestos and other hazardous materials, repair services, detail/body work, car storage, etc.). b. Relocation of no less than 12 repair service bays to the property. c. Demonstration that no construction work for which reimbursement is being sought commenced prior to approval and execution of a funding agreement by City of Evanston and Autobarn. d. Providing evidence that bids were sought for work for which reimbursement is being sought from no less than three contractors, of which one must be an Evanston-based contractor (unless no Evanston contractor is available for the scope or scale of the work as confirmed by the City). 3) Development and evidence of 30 jobs created at 222 Hartrey. 4) The reimbursement would be in the form of a forgivable loan (with interest), forgivable over a period of 15 years (or 180 months) through incremental new sales tax generated. 5) The agreement between the City and Autobarn could be recorded against the property at 222 Hartrey Avenue. a. In the event Autobarn were to sell or cease operations as defined by the scope of the project, the loan would be considered in default and would become due payable immediately. b. In the event that Autobarn were to be sold to an entity than a Richard Fisher Dealership, the loan (and remaining interest) would be due prior to the transfer of the asset (this would preclude sale to family member due to death or illness of Richard Fisher). c. Interest on remaining balance of loan (portion of principle only, not forgiven portion) would be charged an interest payment not less than the current 15 year commercial mortgage rate. Legislative History: The Economic Development Committee considered the matter of a TIF Funding Agreement between the City and Autobarn at its February 19, 2014 meeting. The Committee voted unanimously (9-0) to recommend approval to City Council. 416 of 537 Attachments: Resolution 15-R-14 Draft TIF Funding Agreement & Promissory Note Background and Proposal from Autobarn FY 2014 Budget – Howard-Hartrey TIF Debt Service Fund Summary Certificate of Zoning Compliance 417 of 537 3/31/2014 15-R-14 A RESOLUTION Authorizing the City Manager to Execute a TIF Forgivable Loan Agreement and Promissory Note with Autobarn Motors, Ltd. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT : SECTION 1: The City Manager is hereby authorized to execute the TIF Forgivable Loan Agreement and Promissory Note (“TIF Agreement”), attached hereto as Exhibit 1, the terms are incorporated herein by reference, with Autobarn Motors, Ltd., an Illinois corporation. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the TIF Agreement as he may determine to be in the best interests of the City. SECTION 3: That this Resolution 15-R-14 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. ______________________________ Elizabeth B. Tisdahl, Mayor Attest: ______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 418 of 537 15-R-14 ~2~ EXHIBIT 1 TIF Forgivable Loan Agreement and Promissory Note 419 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 1 FORGIVABLE LOAN AGREEMENT AND PROMISORRY NOTE This Forgivable Loan Agreement and Promissory Note (the “Agreement”), is entered into by and between THE CITY OF EVANSTON, an Illinois municipal corporation (“Lender”) and AUTOBARN MOTORS, LTD. (“Borrower”) and effective as of the last date executed on the signature page: RECITALS WHEREAS, it has been determined by Lender that an economic development and unique opportunity exists which warrants funding to Borrower from the Howard/Hartrey Tax Increment Financing District (“Howard/Hartrey TIF”); and WHEREAS, the Borrower requested funding to cover costs of rehabilitation efforts to a recently acquired commercial property located at 222 Hartrey Avenue, Evanston, Illinois 60202 (“Subject Property”) in order to meet the Borrower’s intended future use as office space, interior and exterior storage of vehicles, and repair shop for vehicles (the “Project”); and WHEREAS, the Lender has authorized an expenditure of up to Two Million Five Hundred Thousand and no/100 Dollars ($2,500,000.00) for a forgivable loan to the Borrower to cover a portion of the expected project budget, under such terms and conditions as may be prescribed by the Lender below, for purposes of project financial assistance to cover some of the Project costs and provide a financial incentive to remain an Evanston business; and WHEREAS, the City Council has approved Borrower for participation in this Agreement, subject to the terms and conditions of the TIF Guidelines and this Agreement, NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and the mutual obligations of the parties as herein expressed, the City and Borrower agree as follows: AGREEMENT A. DEFINITIONS The following terms shall have the following meanings whenever used in this Agreement, except where the context clearly indicates otherwise. Any ambiguity as to the intended meaning or scope of the terms set forth below will be resolved solely by the City through its designated representative. 1. “Baseline” means the incremental sales tax revenue collected by the City of Evanston as reported in the 2013 Illinois Department of Revenue Remittance Report. 420 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 2 2. “Borrower” means the company, Autobarn Motors, Ltd., applying for funding for renovations to the Subject Property and determined eligible participate in this Agreement. 3. “Completion Date” means the date that the contractor has finished the Project pursuant to the design and architectural plans approved by City Council, the City Manager, or his designee, and to the satisfaction of Borrower, as evidenced by final payment to the contractor from Borrower. 4. “Director” means the City’s Assistant City Manager and Director of Administrative Services, Martin Lyons, who is responsible for managing and administering this Agreement on behalf of the City. 5. “Loan” means the total amount of the funds from the Howard/Hartrey TIF loaned to Borrower for purposes of funding TIF Eligible Expenses for the Project, which shall not exceed Two Million Five Hundred Thousand and no/100 Dollars ($2,500,000.00), the amount approved by Council by Resolution 15-R-14. 6. “Loan Term” means how long the Loan exists and expiration of the Parties requirements under this Agreement, which is 15 years in this Agreement. 7. “Last Date of Reimbursement” means the date on which the Lender issues the last reimbursement payment to Borrower. If the last reimbursement is made by check, it will be the date shown on the check. If reimbursement is made by electronic funds transfer, it will be the date the Loan funds electronically transferred to the Borrower. 8. “Project” means the improvements to be completed on the Property as proposed by Borrower. 9. “Subject Property” means the real property at 222 Hartrey Avenue, Evanston Illinois, which is owned by the Borrower, currently improved with a commercial building and the renovations described herein are to refurbish the existing building for its automotive sales uses. The Property is located within the City of Evanston and is legally described on Exhibit “A”, which is attached hereto and incorporated herein by reference. 10. “TIF Guidelines” means the regulations found in the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4 et seq. All terms not defined herein shall have the meanings ascribed thereto in the TIF Guidelines. 11. “TIF Eligible Expenses” means Project expenses determined to be eligible for reimbursement from TIF funds by the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4 et seq. 421 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 3 12. “Total Allowable Expenses” means the total actual costs incurred, and documented by Borrower and subsequently approved by the Director or his designee for the costs associated with the performance of the work required by the plans and specifications and/or architectural/design renderings for the Project. Such allowable expenses must be TIF eligible activities. 13. ”Total Project Expenditure” means the total actual Project costs incurred by and paid for by Borrower including the costs of construction, materials, and supplies. The Total Project Expenditure includes both the Total Allowable Expenses under TIF and other remaining costs which are not reimbursable under this Agreement. B. LOAN 1. Principal Amount: Subject to the term and conditions of the Agreement, the Lender hereby agrees to provide Borrower the principal sum of up to Two Million Five Hundred Thousand and no/100 Dollars ($2,500,000.00) (the “Loan”), to be amortized and forgivable over a period of fifteen years (one hundred eighty (180) months) calculated on 365 day calendar and commences on the Last Date of Reimbursement (the “Loan Term”). 2. Interest Rate: Interest will accrue from the Last Date of Reimbursement of the Loan funds at the rate of LIBOR + 1% per annum on the unpaid balance. If a default occurs and not cured, repayment of principal and interest shall commence immediately in accordance with the provisions set forth below. The Loan is not transferable. The Loan (principal and interest) is forgiven annually through incremental new sales tax generated above the 2013 calendar year collection by the City in accordance with the terms of Sections C and D. 3. Amortization Schedule for the Loan: The outstanding principal balance of the Loan is divided by the total number of years (15) in the Loan Term, and the resulting figure will be the “installment”. The first anniversary date of the Loan shall be one year after the Last Date of Reimbursement and on said anniversary date, and every year thereafter, the Loan will be forgiven in accordance with t he schedule to be attached as Exhibit B (the “Loan Forgiveness Schedule”). The Baseline amount listed in Loan Forgiveness Schedule shall be the minimum amount to be forgiven each year by the City. If the Borrower’s incremental sales tax revenue above the Baseline received by the City is less than the minimum level listed in the Loan Forgiveness Schedule for that respective year, the amount listed on the schedule will be forgiven. Moreover, the amount of installment is the amount of taxes generated above the base year, which is 2013. For example, if the base tax for 2013 is $350,000 and the sales tax revenue collected is $400,000, making the increment $50,000, we will forgive the minimum amount listed in Exhibit B. If the Borrower’s incremental sales tax revenue above the Baseline received by the City is greater than the minimum level in the Loan Forgiveness Schedule, the City will forgive a greater amount. 422 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 4 Therefore, the Borrower may accelerate the payment schedule and no pre- payment penalty will be assessed. 4. Collateral: To secure the Loan, the Borrower’s President, Richard Fisher, will be issuing a personal guaranty for the full Loan value for the first five years of the Loan Term (the “Guaranty”), which is attached as Exhibit C and incorporated herein as if fully restated and shall expire at the end of the five years (“Personal Guaranty Expiration”). On or before the end of the 5th year of the Loan Term, Borrower must substitute the Guaranty issued to the City under the Loan for collateral in the form of equipment and fixtures, real estate, and/or personal property, to be purchased in the future by Borrower for the Property. The Collateral pledged shall be valued at the remaining Loan balance at the time of substitution of the Guaranty. The Lender and Borrower will establish the value of the collateral by review of paid invoices, transfer declarations, and appraisals to compile a UCC Financing Statement with detailed descriptions for the statement exhibit (product serial numbers, model numbers, dimensions and quantity). Borrower will fully cooperate with the City to compile the UCC Financing Statement to be recorded against the Property. 5. Reimbursement: The Borrower may be reimbursed with Loan funds for TIF Eligible Expenses incurred prior to the Effective Date of this Agreement, if they were made in connection with use of Loan funds for mobilization and material costs in order to commence construction as soon as possible (front end loaders, cranes, etc.). The terms of reimbursement are more fully described in Section D. C. CONDITIONS OF FORGIVENESS The Loan is conditioned on the completion and satisfaction of each part of this Section C and confirmed by the Director and/or his designee. If Borrower fails to perform any condition fully set forth herein, it shall be considered an Event of Default, defined in Section N. The Conditions of Forgiveness are as follows: 1. Project Completion: a. Borrower must renovate the Subject Property, including but not limited to asbestos and other hazardous material abatement, installation of equipment and fixtures for the intended use of the Subject Property for interior and exterior vehicle storage, additional shop and repair space for detail/body work, and space to maintain records (“Permitted Uses”) in substantial conformance with the Site Plan dated March 27, 2014. b. Borrower shall install no less than twelve (12) new repair service bays for the Subject Property. c. Borrower shall provide documentation that bids for the Project were sought from no less than three contractors, of which one must be an Evanston-based contractor. If an Evanston based contractor is not available to seek bids based on the scope and scale of the Project work, this requirement will be 423 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 5 waived upon confirmation from City staff that bid solicitation to Evanston based businesses was pursued by Borrower. d. Borrower acknowledges and agrees that it cannot commence construction work for the Project unless and until the City Council approves the Loan and this Agreement is executed by both parties. 2. Job Creation: a. The Borrower shall create and must maintain at least 30 new equivalent positions (“Minimum Job Creation Threshold”) as minimum employment levels at the Subject Property. The Borrower represents that it shall create the jobs in accordance with the following schedule: Time Period for Compliance after the Effective Date of Agreement Minimum Number of Jobs Created 18 months 10 jobs 30 months 10 jobs (20 total) 42 months 10 jobs (30 total) The Borrower does not get credit to meet the Minimum Job Creation Threshold by reducing employment levels at the other Evanston facilities of Borrower and shifting the employees to work at the Subject Property; meaning the jobs transferred from the other Evanston Autobarn dealerships do not count as new jobs. The breakdown of full-time jobs versus part-time jobs is projected to 60% FTE jobs and 40% PTE jobs on average after the Minimum Job Creation Threshold is reached after 42 month time period. b. Borrower will coordinate with the City’s Youth and Young Adult Program Manager and other workforce development professionals to employ Evanston residents with skills and abilities to work at the Subject Property and the other Borrower locations where practicable. c. The Borrower will create a Richard Fisher Dealerships Hire and Train Program, or a similar title, by the Job Creation Deadline for Evanston Township High School graduates not pursuing a post-secondary school education immediately after graduation, as outlined in Borrower’s presentation to the City of Evanston Economic Development Committee on February 19, 2014. 3. Evanston business: a. Borrower shall remain an Evanston based business for the entire Term. Meaning, Borrower cannot remove its operations from the Subject Property during the Term of this Agreement. In the event that Borrower ceases to operate as “Autobarn” in Evanston, Illinois during the Loan Term, any principal and interest not previously forgiven will be repaid in accordance with Section D(7). Notwithstanding the foregoing, Borrower may change the name of the business from Autobarn to another franchise name, but Borrower’s business cannot relocate from Evanston without being considered an Event of Default. 424 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 6 b. If Autobarn Motors is sold, (except in circumstances of an illness of principal necessitating retirement) for any reason to any entity other than one controlled by Richard Fisher, or files for bankruptcy protection, the Borrower shall be in Default and any principal and interest not previously forgiven will be repaid in accordance with Section D(7). c. However, if Borrower replaces one of the Autobarn franchises with another business entity to be operated by Borrower, it shall not be considered an Event of Default (i.e. the Mazda dealership is sold and replaced with a Fiat, Mini Cooper, etc. dealership), provided that Borrower’s substitute business shall be open for business in less than 90 days after operations under the old franchise ceased AND the City provides its written consent to a comparable business that is being substituted by Borrower. d. Proprietor is permitted, provided it obtains any necessary local approvals, to contract for a portion of the Property to be operated by a separate and unrelated business related to automotive and body shop work. D. TERMS OF REIMBURSEMENT 1. Reimbursement Payment Requirements: Reimbursement payments shall NOT be paid out until: (a) City Council has approved the Agreement; (b) the Agreement is executed; and (c) Project work has commenced. The Loan is funded through the Howard-Hartrey TIF District. 2. Borrower hereby agrees to comply with all terms and conditions of this Agreement and only seek reimbursement of acceptable TIF Eligible Expenses. 3. Borrower may not seek reimbursement in a frequency greater than on a monthly basis. Reimbursement requests to the Director or his designee shall contain the following: a. Cover letter indicating the total cost of TIF Eligible Expenses that it is seeking reimbursement and general overview of the Project progress to date; b. All contractor invoices detailing the specific tasks completed in accordance with approved Project; c. Proof of payment of all invoices for all expenditures for the Project covered by this Loan; and d. Unconditional partial lien releases. 4. Such reimbursement requests shall include proof of payment to all contractors, suppliers, and vendors. Borrower is responsible for all payments to the contractors, materials suppliers, and vendors, and for providing true and correct copies of unconditional lien releases to the City. 5. The Director or his designee will not issue any Reimbursement to the Borrower if there is any violation of any law, ordinance, code, regulation, or Agreement term. Lastly, Borrower must be current with all City of Evanston accounts prior to any reimbursement. 425 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 7 6. The total amount of the Loan will be forgiven in accordance with the schedule attached as Exhibit B and based on the incremental new sales tax generated (“Loan Forgiveness Schedule”). At the end of the Loan Term or after the entire Loan has been repaid based on incremental new sales tax generated, whichever is earlier, the Loan will be deemed forgiven and the balance will be zero. E. BORROWER’S RESPONSIBILITIES 1. The Borrower shall obtain and submit all required certificates of insurance, as set forth herein, to the Director or his designee upon execution of this Agreement and prior to City’s execution. 2. The Borrower shall be responsible for hiring a licensed contractor to complete the Project. The Director or his designee may require submission of proof of the State License issued to the selected contractor. 3. The Borrower shall be responsible for contacting the appropriate City departments to arrange for obtaining all necessary approvals and/or permits required for construction and completion of the Project. 4. The Borrower shall be fully responsible for managing, monitoring, and scheduling the construction of the Project and ensuring its compliance with all applicabl e federal, State, and local laws and regulations. 5. The Borrower shall be fully responsible for ensuring that all invoices from the contractors, suppliers, vendors and/or other third parties are paid and shall only seek reimbursement after payment has been disbursed by Borrower to the applicable party. F. THE CITY’S RESPONSIBILITIES 1. Within a reasonable time after Borrower submits a request for a Reimbursement, the City will review the information provided by Borrower under Section E(6). 2. The City shall provide an annual certified copy of the Forgiveness Schedule outlining performance of forgiveness to the Borrower. 3. Director or his designee shall review Borrower’s request and accompanying documents for a Reimbursement Payment. If Borrower meets all its terms, conditions, and obligations under this Agreement and the TIF Guidelines, the Director or his designee shall issue the Payment in installments up to the total amount of the Loan in accordance with the Local Government Prompt Payment Act, after City’s receipt of the documentation submitted by Borrower in S ection D(3). 426 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 8 4. Borrower shall during the Term and for a period of 2 years following the expiration of the Term, keep and make available for the inspection, examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Borrower, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Borrower is found to have been overstated, Borrower shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection with the audit respecting such invoice. G. INSURANCE 1. During the entire period in which work on the Project is performed until termination of the Declaration, the Borrower shall obtain and maintain in full force and effect during said period the following insurance policies: Comprehensive General Liability Insurance in a general aggregate amount of not less than $1,000,000, $1,000,000 Products and Completed Operations Aggregate, and $1,000,000 each occurrence and including. 2. All deductibles on any policy shall be the responsibility of the primary holder of such policy and shall not be the responsibility of the City of Evanston. 3. Borrower shall provide evidence of required insurance to the Director before execution of this Agreement. Borrower shall name the City as an additional insured for the Loan period. H. OBLIGATION TO REFRAIN FROM DISCRIMINATION 1. Borrower covenants and agrees for itself, its successors and its assigns to the Property, or any part thereof, that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, or age or physical or mental disabilities that do not impair ability to work, and further that it will examine all job classifications to determine if minority persons or women are underutilized and will take appropriate affirmative action to rectify any such underutilization. 2. That, if it hires additional employees in order to perform this contract, or any portion hereof, it will determine the availability of minorities and women in the area(s) from which it may reasonably recruit and it will hire for each job classification for which employees are hired in such a way that minorities and women are not underutilized. 3. That, in all solicitations or advertisements for employees placed by it or on its behalf, it will state that all applicants will be afforded equal opportunity without 427 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 9 discrimination because of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, or disability. I. NO AGENCY CREATED The Borrower and any contractor, supplier, vendor or any third party hired by Borrower to complete the Project are not agents or create any employment relationship with the City. J. INDEMNIFICATION AND HOLD HARMLESS Borrower shall defend, indemnify and hold harmless City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including without limitation costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Borrower or Borrower’s subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Borrower shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to City and employees and agents, including without limitation the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Borrower must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Borrower of any of its obligations under this Agreement. Any settlement of any claim or suit related to activities conducted under this Project by Borrower must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. No member, official, agent, legal counsel or employee of the City shall be personally liable to the Borrower, or any successor in interest in the event of any default or breach by the City or for any amount which may become due to Borrower or successor or on any obligation under the terms of this Agreement. K. COMPLIANCE WITH LAW The Borrower agrees to comply with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the development and use of the Property, construction of the Project, ongoing operations conducted on the Property, and use of Loan funds. In addition, pursuant to the Illinois Freedom of Information Act, 5 ILCS 140/7(2), records in the possession of 428 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 10 others whom the City has contracted with to perform a governmental function are covered by the Act and subject to disclosure within limited statutory timeframes (five (5) working days with a possible five (5) working day extension). Upon notification from the City that it has received a Freedom of Information Act request that calls for records within the Borrower’s control, the Borrower shall promptly provide all requested records to the City so that the City may comply with the request within the required timeframe. The City and the Borrower shall cooperate to determine what records are subject to such a request and whether or not any exemptions to the disclosure of such records, or part thereof, are applicable. Vendor shall indemnify and defend the City from and against all claims arising from the City’s exceptions to disclosing certain records which Vendor may designate as proprietary or confidential. Compliance by the City with an opinion or a directive from the Illinois Public Access Counselor or the Attorney General under FOIA, or with a decision or order of Court with jurisdiction over the City, shall not be a violation of this Section. L. DEFAULT; REMEDIES; DISPUTE RESOLUTION 1. Notice of Default: In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, including but not limited to conditions contained in Sections C and D, the non-defaulting party shall have those rights and remedies provided herein, provided that such non- defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section N hereof identifying with specificity the nature of the alleged default and the manner in which said default may be satisfactorily be cured. 2. Cure of Default: Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy such default within a 15-day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. 3. City Remedies not Exclusive; Repayment of Pro Rata Share of Loan: If an Event of Default occurs, which Borrower has not cured within the timeframe set forth in subparagraph 2 above, the City, at its option, may terminate this Agreement and/or may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. In the event of a Default by Borrower that occurs after the City has disbursed in whole or in part the Loan funds, the “Pro Rata Repayment Amount” and interest, at the rate of LIBOR + 1% per annum shall be due and payable within 30 days of Default. The amount due and owing following an Event of Default, which is not cured by Borrower, shall be calculated according to the Date of Default and the amount outstanding from the Loan Forgiveness Schedule, outlined in Exhibit B. All payments shall be first credited to accrued interest, next to attorney’s fees and costs which may be owing from time to time, and then to principal. Payments shall be made to City at the address set forth in 429 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 11 Section M herein or at such other address as City may direct pursuant to notice delivered to Borrower in accordance with Section M. 4. Borrower’s Exclusive Remedies: The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein, including the Project, except as provided in this Section. Accordingly, Borrower shall not be entitled to damages or monetary relief for any breach of this Agreement by the City or arising out of or connected with any dispute, controversy, or issue between Borrower and the City regarding this Agreement or any of the matters referred to herein, the parties agreeing that declaratory and injunctive relief and specific performance shall be Borrower’s sole and exclusive judicial remedies. M. TERMINATION If Borrower shall fail to cure any Event of Default upon notice and within the time for cure provided for in XVII below, the City may, by written notice to the Borrower, terminate this Agreement. Such termination shall trigger the “Repayment of Pro Rata Share of Reimbursement defined in XVII. Borrower may not terminate this Agreement without the express written consent of City. N. NOTICES All notices permitted or required hereunder must be in writing and shall be effected by (i) personal delivery, (ii) first class mail, registered or certified, postage fully prepaid, or (iii) reputable same-day or overnight delivery service that provides a receipt showing date and time of delivery, addressed to the following parties, or to such other address as any party may, from time to time, designate in writing in the manner as provided herein: If to the Lender: City of Evanston Attn: Wally Bobkiewicz, City Manager 2100 Ridge Avenue Evanston, IL 60201 With a copy to: City of Evanston Attn: W. Grant Farrar, Corporation Counsel 2100 Ridge Avenue Evanston, IL 60201 If to the Borrower: Autobarn Motors, Ltd. Attn: Richard Fisher, President 1012 Chicago Avenue Evanston, IL 60202 430 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 12 Any written notice, demand or communication shall be deemed received immediately if personally delivered or delivered by delivery service to the addresses above, and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. O. APPLICABLE LAW The internal laws of the State of Illinois without regard to principles of conflicts of law shall govern the interpretation and enforcement of this Agreement. P. ATTORNEY’S FEES In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Borrower, or arising out of a breach of this Agreement by Borrower, the City shall recover from the Borrower as part of the judgment against Borrower, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. Q. SURVIVAL OF TERMS, BINDING UPON SUCCESSORS The covenants, terms, conditions, representations, warranties, Agreements and undertakings set forth in this Agreement (and specifically including, without limitation, those covenants, terms, conditions, representations, warranties, Agreements and undertakings which survive the termination of this Agreement) shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, assigns and legal representatives. R. CONFLICT OF INTEREST 1. No member, official, or employee of the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership, or association in which he/she is, directly or indirectly, interested. 2. The Borrower warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement. S. BINDING EFFECT This Agreement, and the terms, provisions, promises, covenants and conditions hereof, shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. T. AUTHORITY TO SIGN 431 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 13 Richard Fisher hereby represents that he executes this Agreement on behalf of Borrower and has the full authority to do so and to bind Borrower to perform pursuant to the terms and conditions of this Agreement. U. COUNTERPARTS This Agreement may be executed by each party on a separate signature page, and when the executed signature pages are combined, shall constitute one single instrument. V. ENTIRE AGREEMENT AND SEVERABILITY 1. This Agreement and the Exhibits and references incorporated into this Agreement express all understandings of the parties concerning the matters covered in this Agreement. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. The Agreement may be amended from time to time with the written consent of the Parties hereto. 2. If any provision, condition, covenant or other clause, sentence or phrase of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised and the invalidity thereof shall not affect any other provision, condition, covenant or other clause, sentence or phrase contained herein. Notwithstanding the foregoing, if any such invalid provision goes to the essence of this Agreement so that the purposes of the Agreement cannot be fulfilled, then this Agreement shall terminate as of the date of such judgment. W. NO WAIVER No failure of either the City or the Borrower to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of this Agreement, shall constitute a waiver of any such breach or of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect. X. FORCE MAJEURE Performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, restrictive governmental laws and regulations, epidemics, quarantine restrictions, freight embargoes, lack of transportation or labor and material shortages. An extension of time for any such cause shall be for the period of the delay, which period shall commence to run from the time of the commencement of the cause, provided that written notice by the party claiming such 432 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 14 extension is sent to the other party not more than thirty (30) days after the commencement of the cause or not more than thirty (30) days after the party claiming such extension could have first reasonably recognized the commencement of the cause, whichever is later. IN WITNESS WHEREOF, the City, and the Borrower have signed this Agreement as of the latest date set forth below (the “Effective Date”). THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: _________________________________ Its: City Manager, Wally Bobkiewicz Dated: ____________________ AUTOBARN MOTORS, LTD. An Illinois corporation By: _________________________________ Its: President, Richard Fisher Dated: ____________________ 433 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 15 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that contain lot, piece or parcel of land, with the buildings and improvements thereon erected, situate lying and being in the City of Evanston, County of Cook, State of Illinois. PARCEL 1 LOTS 1 AND 2 IN BRUMMEL PLACE SUBDIVISION OF THE SOUTH 315 FEET OF THE NORTH 465 FEET OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 25, TOWNSHIP 41 NORTH RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THEREFROM THE EAST 33 FEET MEASURED PERPENDICULAR TO THE EAST LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 25, ALSO EXCEPT THE WEST 66 FEET MEASURED PERPENDICULAR TO THE WEST LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 25), ACCORDING TO THE PLAT THEREOF RECORDED JULY 26, 1956 AS DOCUMENT 16650663, IN COOK COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY THE EASEMENT AGREEMENT RECORDED AS DOCUMENT 96138308 FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND REPAIR OF A STORM WATER DRAINAGE FACILITY AND IMPROVEMENTS OVER AND UPON THE EAST 30 FEET OF THE NORTH 30 FEET OF LOT 6 IN HOWARD-HARTREY SUBDIVISION. PARCEL 3: PERPECTUAL, NON EXCLUSIVE EASEMENT AS CREATED BY THE RECIPROCAL EASEMENT AGREEMENT RECORDED AS DOCUMENT 0418818040, FOR ACCESS TO AND FROM HOWARD AVENUE, INGRESS AND EGRESSS OF TRUCKS, VANS PASSENGERS AUTOMOBILES AND OTHER VEHICLES AND PEDESTRIAN TRAFFIC OVER AND ACROSS A PORTION OF LOT 3 IN AFORESAID SUBDIVISION AND DEPICTED ON EXHIBIT “D” ATTACHED THERETO. PARCEL 4: EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY THE EASEMENT AND RESTRICTIONS AGREEMENT RECORDED AS DOCUMENT 93840922 FOR PASSENGER AND TRUCK VEHICLAR INGRESS AND EGRESS OVER AND ACROSS A PORTION OF LOT 9 IN HOWARD-HARTREY SUBDIVISION. 434 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 16 PARCEL 5: EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR INGRESS AND EGRESS OVER AND ACROSS THE SOUTH 20 FEET OF LOT 3 IN AFORESAID SUBDIVISION AS CREATED BY THE AGREEMENT RECORDED JULY 5, 1955 AS DOCUMENT 16290044. PINs: 10-25-104-014-0000 and 10-25-104-015-0000 Common Address, 222 Hartrey Avenue, Evanston, IL 60202 435 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 17 EXHIBIT B LOAN FORGIVENESS SCHEDULE LOAN DATA PRINCIPAL 2,500,000.00 LOAN TERM 15 RATE 1.56% PAYMENT PER YEAR 1 PAYMENT ($39,000.00) ($149,217.26) Principal Interest Total Balance P + I 1 2,500,000 166,667 39,000 205,667 2,333,333 2 2,333,333 166,667 36,400 203,067 2,166,666 3 2,166,666 166,667 33,800 200,467 1,999,999 4 1,999,999 166,667 31,200 197,867 1,833,332 5 1,833,332 166,667 28,600 195,267 1,666,665 6 1,666,665 166,667 26,000 192,667 1,499,998 7 1,499,998 166,667 23,400 190,067 1,333,331 8 1,333,331 166,667 20,800 187,467 1,166,664 9 1,166,664 166,667 18,200 184,867 999,997 10 999,997 166,667 15,600 182,267 833,330 11 833,330 166,667 13,000 179,667 666,663 12 666,663 166,667 10,400 177,067 499,996 13 499,996 166,667 7,800 174,467 333,329 14 333,329 166,667 5,200 171,867 166,662 15 166,662 166,662 2,600 169,262 0 2,500,000 311,999 2,811,999 436 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 18 EXHIBIT C GUARANTY Borrower: Autobarn Motors, Ltd. Lender: City of Evanston Guarantor: Richard Fisher 1012 Chicago Avenue Evanston, IL 60202 Principal Amount: $2,500,000 Loan Term: 15 years (180 months) Guaranty Term: 5 years, as detailed in the TIF Forgivable Loan Agreement, § B(4). CONTINUING GUARANTEE OF PAYMENT AND PERFORMANCE. For good and valuable consideration, Guarantor absolutely and unconditionally guarantees full and punctual payment and satisfaction of the Indebtedness of Borrower to Lender, and the performance and discharge of all Borrower's obligations under the Note and the Related Documents. This is a guaranty of payment and performance and not of collection, so Lender can enforce this Guaranty against Guarantor even when Lender has not exhausted Lender's remedies against anyone else obligated to pay the Indebtedness or against any collateral securing the Indebtedness, this Guaranty or any other guaranty of the indebtedness. Guarantor will make any payments to Lender or its order, on demand, in legal tender of the United States of America, in same-day funds, without set-off or deduction, or counterclaim, and will otherwise perform Borrower's obligations under the Note and Related Documents. Under this Guaranty, Guarantor's liability is limited to Borrower’s obligations under the Note. INDEBTEDNESS. The word "'Indebtedness” as used in this Guaranty means all of the principal amount outstanding from time to time and at any one or more times, accrued unpaid interest thereon and all collection costs and legal expenses related thereto permitted by law, attorneys' fees, arising from Borrower’s obligations under the Note. CONTINUING GUARANTY. THIS IS A "CONTINUING GUARANTY" UNDER WHICH GUARANTOR AGREES TO GUARANTEE THE FULL AND PUNCTUAL PAYMENT. DURATION OF GUARANTY. This Guaranty will take effect when received by Lender without the necessity of any acceptance by Lender, or any notice to Guarantor or to Borrower, and will continue in full force until end of the fifth year (60th month) of the Loan. If Guarantor elects to revoke this, Guaranty, Guarantor may only do so in writing. Guarantor's written notice of revocation must be mailed to Lender; by certified mail, at Lender's address listed above or such other place as Lender may designate in writing. This Guaranty shall bind Guarantor's estate as to the Indebtedness created both before and after Guarantor's death or incapacity, regardless of Lander's actual notice of Guarantor’s death, Subject to the foregoing, Guarantor's, executor or administrator or 437 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 19 other legal representative may terminate this Guaranty in the same manner in which Guarantor might have terminated it and with the some effect. Release of any, other guarantor or termination of any other guaranty of the Indebtedness shall not affect the ability of Guarantor under this guaranty. GUARANTOR'S AUTHORIZATION TO LENDER. Guarantor authorizes Lender, either before or after any revocation hereof upon written notice to Guarantor by Lender, without lessening Guarantor’s liability under this Guaranty, from time to time (A) to take and hold security for the payment of this Guaranty or the Indebtedness, and exchange, enforce, waive, subordinate, fail or decide not to perfect, and release any such security, with or without the substitution of new collateral; (B) to determine how, when and what application of payments and credits shall be made on the Indebtedness; and (C) to apply such security and direct the order or manner of sale thereof, including without limitation. any non-judicial sale permitted by the terms of the controlling security agreement or deed of trust, as Lender in its discretion may determine; GUARANTOR'S REPRESENTATIONS AND WARRANTIES. Guarantor represents and warrants to Lender that (A) no representations or agreements of any kind have been made to Guarantor which would limit or qualify in any way the terms of this Guaranty; (B) Guarantor has full power, right and authority to enter into this Guaranty; (C) the provisions of this Guaranty do not conflict with or result in a default under any agreement or other instrument binding upon Guarantor and do not result in a violation of any law, regulation, court decree or order applicable to Guarantor;" (D) upon Lender's request, Guarantor will provide to Lender financial and credit information in form acceptable to Lender, and all such financial information which currently has been, ,and all future financial information which will be provided Lender is and will be true and correct in all material respects and fairly present, Guarantor's financial condition as of the dates the financial information is provided; (E) no material adverse change has occurred in Guarantor's financial condition since the date of the most recent financial statements provided to Lender and no event has occurred which may materially adversely affect Guarantor's financial condition; and (J) Guarantor has established adequate means of obtaining from Borrower on a continuing basis information regarding Borrower's financial condition. Guarantor agrees to keep Lender adequately informed from any relevant facts, events, or circumstances which might in any way affect Guarantor's risks under this Guaranty. GUARANTOR'S WAIVERS. Except as prohibited by applicable law, Guarantor waives any right to require Lender (A) to continue lending money or to extend other credit to Borrower; (B) to proceed directly against or exhaust any collateral held by Lender from Borrower, any other guarantor, or any other person; and (C) to pursue any other remedy within Lender's power; SUBORDINATION OF BORROWER DEBTS TO GUARANTOR. Guarantor agrees that the indebtedness, whether now existing or hereafter created, shall be superior to any claim that Guarantor may now have or hereafter acquire against Borrower, whether or not Borrower becomes insolvent. Guarantor hereby expressly subordinates, any claim 438 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 20 Guarantor may have against Borrower, upon an account whatsoever, to any claim that Lender may now or hereafter have against Borrower. In the event of insolvency and consequent liquidation of the assets of Borrower, through bankruptcy, by an assignment for the benefit of creditors, by voluntary liquidation, or otherwise, the assets of Borrower applicable to the payment of the claims of both Lender and Guarantor shall be paid to Lender and shall be first applied by Lender to the indebtedness. Guarantor does hereby assign to Lender all claims which it may have or acquire against Borrower or against any assignee or trustee in bankruptcy of Borrower; provided however, that such assignment shall be effective only for the purpose of assuring to Lender full payment in legal tender of the Indebtedness. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Guaranty: Amendments. This Guaranty together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Guaranty, No alteration of or amendment to this· Guaranty shall be effective unless given in writing and signed by both parties. Caption Headings. Caption headings in this Guaranty are for convenience purposes only and are not to be used to interpret or define the provisions of this Guaranty. Governing law. This Guaranty will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the' laws of the State of Illinois without regard to its conflicts of law provisions. Integration. Guarantor further agrees that Guarantor has read and fully understands the terms of this Guaranty; Guarantor has had the opportunity to be- advised by Guarantor's attorney with respect to this Guaranty; the Guaranty fully reflects Guarantor's intentions and parol evidence is not required to interpret the terms of this Guaranty. Guarantor hereby indemnifies and holds Lender harmless from all losses, claims, damages, and costs (including Lender's attorneys' fees) suffered or incurred by Lender as a result of any breach by Guarantor of the warranties, representations and agreements of this paragraph. Interpretation. In all cases where there is more than one Borrower or Guarantor, then all words used in this Guaranty in the singular shall be deemed to have been used in the plural where the context and construction so require; and where there is more than one Borrower named in this Guaranty or when this Guaranty is executed by more than one Guarantor, the words “Borrower” and "Guarantor” respectively shall mean all and anyone or more of them. The words “Guarantor," "Borrower," and "Lender” include the heirs, successors, assigns, and transferees of each of them, If a court finds that any provision of this Guaranty is not valid or should not be enforced, that fact by itself will not mean that the rest of this Guaranty will not be valid or enforced. Therefore, a court will enforce the rest of 439 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 21 the provisions of this Guaranty even if a provision of this Guaranty may be found to be invalid or unenforceable. If anyone or more of Borrower or Guarantor are corporations, partnerships, limited liability companies, or similar entities, it is not necessary for Lender to inquire into the powers of Borrower or Guarantor or of the officers, directors, partners, managers, or other agents acting or purporting to act on their behalf, and any indebtedness made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Guaranty. Notices. Any notice required to be given under this Guaranty shall be given in writing, and, except for revocation notices by Guarantor, shall be effective when actually delivered, when actually received by tele-facsimile (unless, otherwise required by law) when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Guaranty. All revocation notices by Guarantor shall be in writing and shall be effective upon delivery to Lender as provided in the section of this Guaranty entitled "DURATION OF GUARANTY.” Any party may change its address for notices under this Guaranty by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address, For notice purposes, Guarantor agrees to keep Lender informed at all times of Guarantor's current address. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Guaranty unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Guaranty shall not prejudice or constitute e waiver of lender's right otherwise to demand strict compliance with that provision or any other provision of this Guaranty. No prior waiver by Lender, nor any course of dealing between Lender and Guarantor, shall constitute a waiver of any of Lender's rights or of any of Guarantor's obligations as to any future transactions, Whenever the consent of Lender is required under this Guaranty, the granting of such consent by Lender in any Instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Successors and Assigns. Subject to any limitations stated in this Guaranty on transfer of Guarantor's interest, this Guaranty shall be binding upon and inure to the benefit of the parties, their successors and assigns. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Guaranty. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise 440 of 537 City of Evanston – Forgivable Loan – Autobarn Motors P a g e | 22 defined in this Guaranty shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word “Borrower” means Autobarn Motors, Ltd. and includes all co-signers and co·-makers signing the Note and all their successors and assigns. GAAP. The word "GAAP" means generally accepted accounting principles. Guarantor. The word "Guarantor" means Richard Fisher, individually, and in each case, any signer's successors and assigns. Guaranty. The word "Guaranty" means this guaranty from Guarantor to Lender. Indebtedness. The word "Indebtedness" means Borrower's indebtedness to Lender as more particularly described in this Guaranty. Lender. The word “Lender" means City of Evanston, its successors and assigns. Note. The word “Note” means and includes without limitation all of Borrower's promissory notes and/or credit agreements evidencing Borrower's loan obligations in favor of Lander, together with all renewals of, extensions of, modifications of, substitutions for promissory notes or credit agreements. Related Documents. The words “Related Documents” mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security 'agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. EACH UNDERSIGNED GUARANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS GUARANTY AND AGREES TO ITS TERMS, IN ADDITION, EACH GUARANTOR UNDERSTANDS THAT THIS GUARANTY IS EFFECTIVE UPON GUARANTOR'S EXECUTION AND DELIVERY OF THIS GUARANTY TO UNDER AND THAT THE GUARANTY WILL CONTINUE UNTIL TERMINATED IN THE MANNER SET FORTH IN THE SECTION TITLED "DURATION OF GUARANTY", NO FORMAL ACCEPTANCE BY LENDER IS NECESSARY TO MAKE THIS GUARANTY EFFECTIVE, THIS PERSONAL GUARANTY is DATED ________________, 2014. GUARANTOR: __________________________ RICHARD FISHER 441 of 537 February 14, 2014 The City of Evanston Chair and Members of The Economic Development Committee Re: 222 Hartrey, Evanston Illinois. Ladies & Gentlemen of the Economic Development Committee: I would like to take this opportunity to give some updates on our findings from due diligence work done in the run-up to our project at the above-captioned address:  Asbestos abatement / demolition: Costs are far, far higher than anticipated; having worked through the bid process for several weeks now, cost for Asbestos abatement is $130,000 and demolition is $285,000  Collision Repair Center: Although the space itself can be built out at the same time as the rest of the construction is done, designing and equipping the Center will be more time-consuming and expensive than first thought; equipment alone will approach half a million dollars – funds which we are aware are not and cannot be covered by TIF funds. This is one of the reasons that an extension of our sales tax sharing agreement is of the utmost importance; it is the collision repair center which will create a good portion of the new jobs associated with this project.  Insulation: In attempting to value-engineer the project, we have sought to move away from the coated aluminum composite paneling/ E.I.F.S on the exterior of the building. While saving about $250,000 in unnecessary expense, we are now looking at a pure E.I.F.S solution which will provide a clean, new- looking exterior to the building whilst answering all Insulation concerns.  Sprinkler System: We have found out today that the sprinkler system for the entire building must be renewed; Cost is $200,000 plus.  Operating Costs/ Snow Removal: We are learning that whilst the idea of all vehicle deliveries moving away from Chicago Avenue is great for our neighbors, we must be ready for higher labor costs. The fact that the building is two miles away contributes to this – we can envision an enormous amount of to-ing and fro-ing when we’re up and running between delivering cars, parts or people – which obviously adds tremendous expense. We have also realized that we will have to invest $2-300,000 more in snow-removal equipment. This winter has been incredibly severe; we will take heavy losses in January and February. Again, an extension of our sales- tax sharing agreement for at least four years could be the difference between the survival of our businesses and their failure. .As I have stated previously, the best-case scenario from continuing to operate at less than 2% Pre-Tax net on Sales will be egregious compromise in our ability to obtain Inventory financing from the banks – and therefore in our ability to grow.  Project Value Engineering: 442 of 537 We continue to work diligently on value-engineering this project as we try to bring in the total cost at less than $3.5M. We have already closed on the property, and are currently paying the mortgage/carrying costs. In terms of the project, we can only work with $500,000 =/- of Company (non-TIF) funds – which again illustrated the need to extend the sales tax sharing agreement if the TIF has a maximum value of $2.5M. A starting point here towards getting the total funding back toward hitherto-discussed levels could be to waive all Permit fees associated with the project – a saving of $60-70,000. Please find here an updated estimate of Project Costs: 222 Hartrey Indirect Costs Purchase and Acquisition $2,550,000.00 Architecture $110,000.00 Energy/Lighting consultant $5,000.00 Permits $70,000.00 Operational Costs $75,000.00 200 Site Work Subsurface Investigation $25,000.00 Asbestos Abatement $130,000.00 Demolition $285,000.00 Paving $100,000.00 Curbs $20,000.00 Pavement marking $25,000.00 Fences & Gates $30,000.00 Landscaping & Irrigation $5,000.00 300 Concrete Concrete $100,000.00 Concrete restoration & Cleaning 400 Masonry Masonry $50,000.00 Stone 500 Metals Structural Framing $75,000.00 Metal Decking $5,000.00 443 of 537 Railings $10,000.00 600 Woods & Plastics Rough Carpentry $15,000.00 700 Thermal & Moisture Protection Weather Protection Water Proofing $20,000.00 Insulation $30,000.00 Exterior insulation and Finish systems $175,000.00 Fireproofing Roofing $ 350,000.00 Flashing Aluminum Composite panels Skylights $25,000.00 Caulking $10,000.00 800 Doors & Windows Metal Doors & Frames $25,000.00 Garage Doors $80,000.00 Windows $25,000.00 Hardware $10,000.00 900 Finishes Drywall $35,000.00 Tile $25,000.00 Acoustical Treatment $20,000.00 Carpeting $20,000.00 Special Floor coatings $5,000.00 Painting $50,000.00 1000 Specialties Louvers, vents Wall & Corner Guards Intercom systems $5,000.00 Bath Hardware $2,500.00 Toilet Partitions $7,500.00 Toile Accessories $7,500.00 Lockers $10,000.00 Signage $85,000.00 444 of 537 1100 Equipment Maintenance Equipment owner Loading Dock equipment owner waste handling equipment owner Miscellaneous Auto equipment owner 1200 Furnishing Furniture owner Window treatment owner 1400 Elevators elevators $125,000.00 1500 Mechanical Mechanical systems Fire Protection $25,000.00 Fire Sprinkler Systems $100,000.00 Plumbing $175,000.00 HVAC $300,000.00 1600 Electrical Electrical $300,000.00 Lighting $50,000.00 Voice / Data $50,000.00 Alarm systems $50,000.00 Total $5,882,500.00 Operating Costs NOW - before we move in or start to operate or Pay any salaries:  We have been advised to expect total energy bills of $10-15,000 per month at the building  Real Estate taxes assuming success with the 7B Agreement with Cook County will average around $6,000 per month.  Mortgage Payment on the Building is currently $29,000 per month.  Insurance is $2500 per month  Janitorial/ Snow removal is $2500 per month 445 of 537 CURRENT OPERATING EXPENSE AS YOU CAN BEFORE WE MOVE IN AND ADD PAYROLL, PHONES, DATA PROCESSING, SUPPLIES, PROFESSIONAL FEES,ETC., ARE $ 55,000 PER MONTH. Conclusion: In conclusion, I would state that we are able to move forward with the project under the following conditions:  $2.5 M TIF financing as agreed previously, with an initial payment of $1M at issuance of building permits (we already have $2.5M ++ invested), with progress payments as we perform the project  A 48 month extension of our previous Sales Tax sharing agreement with a re-start date triggered by the final payment from our old (existing) agreement, after which we would agree to no further application for sales tax sharing for the existing franchises during my lifetime.  All Construction/ Demolition Permit fees waived for this project.  Should sewer repairs be necessary on Shure drive, repair expense to be borne by the City of Evanston. (Shure Drive has been used a Public right of way for many years)  Approval of the 7B Real Estate Tax initiative by Cook County. Should the above prove impossible to achieve, I would respectfully seek Evanston’s assistance in vacating ownership of the property . I would point out to members of the Economic development Committee that everyone concerned has been aware from the outset that the TIF financing was , in essence, a Construction allowance – we have never inferred that we could shoulder the cost of this project and be repaid for the construction costs at the Project’s completion. With regard to Sales Tax sharing, I would point out that a neighbor nearby – Morton Grove – is currently entering into a sales tax sharing agreement with a single-franchise automobile dealer - which pays 70% of the first $5M collected to the dealership, and then 30% for the balance of 20 years. It totals up to about $12M. I mention this only to illustrate that by comparison, the above agreement is very, very conservative. I hope that this letter has been of some help; I know that we all like very much to see the project come to fruition. Yours Sincerely, Richard Fisher. 446 of 537 1 Nyden, JohannaFrom:Richard A. Fisher <fish2556@gmail.com>Sent:Friday, February 14, 2014 5:40 PMTo:Nyden, JohannaCc:lcohen27@sbcglobal.netSubject:Re: 222 HartreyAddendum for Equipment costs 222 Hartrey: Current Project: (service, Parts, Detail, photography) 12 lifts vehicle-exhaust aparatus with 12 hoses parts-bins key machine oil distribution control system brake lathes (2) tire machine wheel balancer eye-wash stations (2) first aid stations (2) telephone system computers and data-processing software floor scrubber/cleaning key storage system Photographic studio equipment Pallet jacks/ engine hoists/ spring compressor Lunch room equipment Lockers- 8 Air compressor system Used oil storage system Scan tool/diagnostic equipment detailing equipment: 10 bays $350,000 Collision Repair Center: 2 quick dry water-based paint booths 2 frame machines with computerised frame alignment 6 lifts/exhaust Computerized paint mixing system fire Proof cabinets for flammable materials sheet metal storage racks Select Bench for VW and Audi Repair Inverter Spot welder for VW / Audi Repair Aluminum welding equipment 2 curtain/ frame booths telephone system estimating software system/ computers compressor system towing device misc. equipment dollys etc 6 flat racks with tools High intensity bodyshop lighting furniture/ equipment for customer lounge lockers/ lunchroom equipment $550,000 - $600,000. On Fri, Feb 14, 2014 at 3:55 PM, Richard A. Fisher <fish2556@gmail.com> wrote: you are missing updated project costs. I am sending now. On Fri, Feb 14, 2014 at 3:51 PM, Nyden, Johanna <jnyden@cityofevanston.org> wrote: Got it. Going to review and will let you know if I have any comments, etc. From: Richard A. Fisher [mailto:fish2556@gmail.com] Sent: Friday, February 14, 2014 3:51 PM To: Nyden, Johanna; Peter Hett; Richard A. Fisher Subject: 222 Hartrey 447 of 537 JANUARY 8, 2014 Lobby of 222 Hartrey to be reclaimed into the Lobby of the Autobarn Evanston Corporate Offices 448 of 537 January 8, 2014 City of Evanston 2100 Ridge Avenue Evanston, IL. 60201 To the Evanston City Council and to whom it may concern; I opened The Autobarn Evanston on July 1st, 1992 with a Volkswagen and an Oldsmobile franchise. At the time, our only building was located at 1012 Chicago Avenue. At the time of our business opening, other dealerships in Evanston were: Buick at 1033 Chicago Avenue; Subaru at 1015 Chicago Avenue; Chrysler/Plymouth/Jeep further north on Chicago Avenue, where Whole Foods is located now; Toyota on Ridge and Nissan/ Isuzu on Chicago Avenue south of Main street. During the intervening years, all of the franchises listed have either closed or moved away, except Volkswagen (which we continue to own) and Nissan, which we purchased in 2005 from Rob Paddor as he was leaving Evanston with his Subaru franchise. Additionally, we brought Mazda back to Evanston (relocating the dealership from Skokie) when we purchased it from Old Orchard Mazda in March of 2000. Unlike the other dealerships listed, we have remained in Evanston, and purchased several pieces of Evanston real estate over the past twenty years that reinvested revenues in our town. We acquired 1001 Chicago Avenue in 1993. Though sold in 2007, we bought it back in 2011 and completed a $1.5 million renovation in 2013. It is now the Pre-Owned Sales Center for our Evanston Nissan Dealership. 1012 Chicago Avenue was purchased in 1992, as our original piece; in 2010 we completed a $3 million renovation as the new home for Nissan. We bought 1034 Chicago Avenue in 1996 and we are currently re-designing the interior and exterior of this building to be re-opened as the Volkswagen Pre-Owned Sales Center. In 2001 we acquired 1033 Chicago Avenue/520 Greenleaf. Following our $2.5 million renovation in 2007, it became the home of The Autobarn Volkswagen. 1015 Chicago Avenue was purchased in 1999. In May 2008 the new Autobarn Mazda Retail Revolution was completed at 1015, costing $3 million. We have outgrown our Sales and Service/Parts departments and are currently planning to reconfigure the showroom for much better use of space, build a delivery area (without increasing the footprint of the building), and remove much of the daily Service burden (Pre-owned vehicle get-ready) to the Hartrey property. 1015 Chicago Avenue Evanston, IL. 60202449 of 537 An unusually large portion of our revenue in Evanston has always gone to Rent/Real Estate Taxes/Construction or Rehabilitation from 1992 right through to today. Several years ago, we entered into a Sales Tax Sharing Agreement with the City of Evanston where we received a quarterly rebate for 50% of the municipality’s portion of the sales tax generated by our sales: This has proven to be a vital element of our revenue stream; we have used it historically to offset Real Estate Tax expense. On a general level, the Sales Tax sharing agreement has helped us to maintain our business and continue to grow revenue. We hope to provide Evanston with compelling reasons to renew our Sales Tax Sharing Agreement in the future. What follows is a detailed examination of: • Our operations today: the problems and opportunities • Involvement in Community • Our future plans • Growth potential • Sales revenue • Expansion in to 222 Hartrey Avenue: • Initial Site Re-development and Construction • The Autobarn of Evanston Collision Repair Center: VW and Audi Certified • Floor plans with a conception of how the space will layout • Vehicle storage and display: Interior and Exterior • Consolidation of the detailing departments • Photo Studio • Other: Window tinting, alloy wheel repair and refinishing, clear- bra installation, paintless dent repair, windshield repair and interior reconditioning/repair. • Request for Tax Increment Financing (TIF) • Job Created/Moved Sincerely, Richard Fisher 847.951.3360 1015 Chicago Avenue Evanston, IL. 60202450 of 537 The Autobarn of Evanston: A Review of Our Operations Today - The Problems and Opportunities At a 2013 pace of $100M in sales, we are one of Illinois’ largest dealership operations; an improbable fact I’m sure you’ll agree. We sell and deliver, on average, about 350 new and pre-owned vehicles monthly - and Service about 2000. We employ 156 people either full or part-time. As of this writing, we are Illinois’ #1 Ranked Mazda Dealership, in the top 5 with Volkswagen, and with Nissan we are improving (!) - although we are Chicagoland’s Largest seller of the all-electric LEAF. Evanston is a perfect location for the sale of environmentally conscious vehicles, and in our line-up we have not only the LEAF, but all of Volkswagen’s clean-diesel models along with Mazda’s all-new line-up of Sky-Activ fuel-efficient vehicles. We have great brands here for the times, and we can certainly experience solid growth in sales volumes this next few years should we be able to provide a workable infrastructure for the organization and containment of that growth. Problems caused on Chicago Avenue and Hinman due to our volume of business • Main dealership buildings/entries are on Chicago Avenue - a very busy street. Average 100 cars per week being delivered to the dealerships - unloaded on Chicago Avenue - causing havoc. • The Volkswagen and Mazda dealerships back-up to dense residential areas: parts deliveries, employees driving too fast and too many vehicles exiting to the rear of the buildings has in the past caused problems to our neighbors. Hartrey will reduce service/get ready traffic by about half. • We have also committed to relocate the AutoGuard machine to Hartrey, closing up one of the garage exits at the back of 1033 Chicago. The net effect will be an infinitely more peaceful environment on both Hinman and Chicago avenue. 451 of 537 Opportunities created by the addition of 222 Hartrey • We currently stock about 400 pre-owned vehicles between showrooms, various lots and a warehouse in Chicago. From this inventory we currently sell about 200 pre-owned vehicles per month. Hartrey will allow us to inventory - and attractively display - over 600 pre-owned vehicles. The pre- owned warehouse/showroom that we will create at Hartrey will be unique in Chicagoland. We believe that in due course we will increase our pre- owned sales volume to more than 300 vehicles per month, because of the new found ease of operation and storage that Hartrey brings. • We currently stock about 700 new vehicles between showrooms, various lots and a warehouse in Chicago. From this inventory we currently sell about 200 new vehicles per month. Hartrey will allow us to inventory - and attractively display - over 950 new vehicles: all in Evanston (550 in Hartrey and 400 at Emerson). We must have the ability to stock at least 300 new vehicles per currently held franchise in order to grow our volume. • 222 Hartrey not only allows us to inventory and display the appropriate number of vehicles, it becomes the drop off and get ready point (pre- delivery inspection) for all new cars - all brands. The Autobarn Evanston Pre-Owned vehicle Sales 09 to Present: 2009 1409 2010 1956 2011 1837 2012 1957 2013 2659 2013 2494 452 of 537 Involvement in the Community The Autobarn has been part of the Evanston Community for 21 years. We would like to believe that over those years we have established ourselves as reasonably well- respected “fellow citizens” in the community. In the past we have helped Turin Bicycles with the annual Evanston Grand Prix Bike Race. Through our sponsorship we helped financially, with our manpower for the entire event and by supplying the pace cars for all the races. About four or five years ago we donated a new Mazda Tribute to Evanston Police Department; this vehicle can still be seen doing Crossing Guard Duty at ETHS. Recently we donated a 2013 CX-5 to the 311 Center to use as a roving billboard. For the next year this vehicle will be driven around the Evanston area, participating in local events to help develop awareness of this very important service. We would like to build upon our involvement in the Evanston Community by increasing and varying our activities; in so doing we would like to build relationships with those who run Evanston, becoming a trusted resource for the city. We sit on the Automotive Advisory Committee at ETHS. We are working on an Intern Program with the Automotive Department, as well as a future Richard Fisher Dealerships (RFD) ‘Hire & Train’ Program for ETHS Graduates not opting for college. We have also been the main sponsor for YEA Day, helping financially as well as donating our manpower and meeting space for whatever they request. This relationship has been steady for over five years, and this year, helped earn us the Evanston Arts Committee 2012 Arts and Business Leadership Award. We were recently the title sponsor for Lincoln Elementary School’s annual fund raiser at Dawes House, and look forward to more involvement with this great (and tastefully renovated!) local elementary school. 453 of 537 Richard Kirkpatrick is our General Manager; who was recently appointed to the Board of Directors of the Evanston Chamber of Commerce. He can be found at Evanston’s Farmers Market most Saturday mornings around 7am. He is usually there with one of our green vehicles answering questions from local residents. Activities like this have led to the sale of our second batch of 10 LEAF’s to the city of Chicago just this week. 454 of 537 Our Future Plans Remaining in Evanston is at the epicenter of our future business plans. The following physical plant changes/additions must take place in order to ensure our success and satisfy the manufacturers with whom we hold franchises. The Autobarn Evanston Total 222 Hartrey facility which details are addressed later in this presentation. Volkswagen White Box facia and interior re-design will be required at 1033 Chicago Avenue within the next 24 to 36 months. Nissan Renovations completed at 1012 and 1001 Chicago Avenue mean that we are in compliance with Nissan facilities (although not yet for required storage) for the foreseeable future. Mazda Reconfigure showroom - move swamp-boat’ to Hartrey. Build 2-story sales offices (10 in number) against South two-story wall. Enclose ‘Drive Center’ to provide indoor delivery area. I believe that a combination of these actions to improve our physical plants will allow us to realize the revenue growth outlined here and to realize our dream of not only staying in the Evanston community but becoming a more meaningful member of Evanston’s business community, now and for the future. 455 of 537 Expansion: 222 Hartrey Avenue Existing Building The existing building is a one-story brick building with a two story partial section on the west of a total of approximately 121,000 square feet. The building previously housed office and light manufacturing and is currently vacant. The total site area is approximately 270 thousand square feet, approximately 100,000 of which is building coverage. Ninety degree parking is located on the south along the length of the building with the exception of the loading dock at the west end. The majority of the parking lot to the west of the building is asphalt and in need of repaving. A landscaped area faces Hartrey Avenue to the east. Zoning is General Industrial (12) with Commercial (C1) to the south, and Residential (R2) to the east. Shore Drive is a private drive on the south and contains a 20 ft. wide utility easement. On the north side is railroad property, which is wooded. A 6 ft. utility easement runs along the north property line. Site ImprovementsSite improvements will include resurfacing of the parking lots, installation of security fencing and automatic gates and installation of new security lighting as well as building exterior lighting for accents and security. Some of the existing catch basins will require rebuilding of the rims. Some entry sidewalk paving replacement is anticipated along with customer entrance improvements and code required accessibility provisions. The main parking area will be for storage to accommodate approximately 500 new cars. This area will include landscaped islands as well as a landscaped perimeter, providing partial visual screening from the street. New high pole mounted LED fixtures will provide efficient security lighting and will employ cutoffs as necessary to prevent off-site light bleeding and glare. Existing landscaped areas near the entry and facing the residential area to the east will be upgraded along with the planting areas at the parking area along the south elevation of the building. Building ExteriorThe existing building exterior walls are masonry with insulated aluminum windows. The south elevation is brick faced and incorporates design features of the Miesean era with exposed steel structure elements and brown-black window framing. Generally, the exteriors will remain, however, modifications to the south elevation to incorporate the showroom anticipates the addition of some limited amounts of new glassy areas, which will reflect the same architectural style. 456 of 537 Expansion: 222 Hartrey Avenue Building ExteriorThe existing building exterior walls are masonry with insulated aluminum windows. The south elevation is brick faced and incorporates design features of the Miesean era with exposed steel structure elements and brown-black window framing. Generally, the exteriors will remain, however, modifications to the south elevation to incorporate the showroom anticipates the addition of some limited amounts of new glassy areas, which will reflect the same architectural style. The steel elements of the façade have some minor rusting and will require hand tool or blast cleaning, re-priming at these areas and painting. The brick in limited areas shows some signs of water intrusion resulting in displacement and small amounts of spalling. This should be investigated further and remedied to prevent long term damage. Some of the copings are damaged and require repair. Many of the sealants have failed and will require replacement. The vehicular ramps for access to upper level car storage (see interiors below) will be constructed on the west side of the building from the south façade, back approximately four bays. This will adopt the steel and brick in-fill vocabulary of the building and present a unifying wrapping of this architecture around the corner. It will be all steel construction with a waterproofed concrete ramp and roofed. All exterior walls will be insulated to an approximate U value of 0.064 in accordance with the 2012 Illinois Energy Conservation Code (IECC). Existing aluminum windows presently are glazed with insulating glass and should be serviceable to remain. Along the west half of the north elevation are single glazed steel windows that have outlived their useful life and will be removed for insulated masonry in-fill. The existing roofs are built-up and single ply. The preliminary evaluation suggests a combination of reroofing and recovering may be required. Where reroofing is required, single ply adhered roofing will be installed over R-25 rigid plastic insulation, tapered to slope to drains. Lighting studies will be undertaken in design phases to evaluate the installation and location of sky lighting to be incorporated throughout. 457 of 537 LLLLLLLLLLLLLLLLLLLL222 Hartrey Avenuethe Autobarn Evanston2013sohl.architect, llcRe-Development of 222 Hartrey AvenueSite Plan - Entry Option 1458 of 537 Re-Development of 222 Hartrey AvenueSite Plan - Entry Option 2LLLLLLLLLLLLLLLLLLLL222 Hartrey Avenuethe Autobarn Evanston2013sohl.architect, llc459 of 537 Expansion: 222 Hartrey Avenue Core and Service SpacesThe existing main mechanical room is the location of existing incoming services and will be utilized for new mechanical and electrical equipment and/or existing equipment that will be reused. The existing building is fully sprinklered and this system will only be altered as required for head relocations. All services throughout the building, which are not to be reused, are to be abandoned and removed. The existing stairs to the second floor are in good condition and anticipated to require only cleaning and painting. The existing elevator to the second floor and mezzanine is outdated and will be replaced with a new 4000 lb. holeless hydraulic for moving supplies between the ground floor and the mezzanine and for general personnel access. The dock currently has two 50 foot bays to accommodate long trucks. As the automotive dealer use does not utilize the type of delivery and shipping needs of the industrial uses anticipated for this existing building and the underlying zoning, The Autobarn will be proposing to re-use this loading dock area as the Entrance and Write-up area to the Collision Repair center. 460 of 537 Expansion: 222 Hartrey Avenue COLLISION REPAIR CENTERThe western most section of the ground floor, approximately 20,000 sf, will be devoted to the establishment of The Autobarn Evanston Collision Repair Center. This will be a fully equipped center with state-of-the-art equipment throughout, and will be Audi and Volkswagen Certified. This is a recent development on our part; we previously had felt it more likely that we would lease this space to an independent body shop. We will now make every effort to establish this new business for our customer base and Evanston residents - remaining the creation of approximately 15 new Evanston jobs. Details on the equipment required and the exact layout of the space will follow; Collision Repair Center layout is usually handled by firms specializing in this area. 461 of 537 Expansion: 222 Hartrey Avenue VEHICLE STORAGE & DISPLAY: INTERIOR AND EXTERIOR Interior Parking Approximately 70% (85,000 SF) of the building will be devoted to pre-owned car storage. 65,000 SF on the first floor will house approximately 240 cars and an additional 75 cars will be housed on the 19,000 SF second floor. The new two-way ramp to the second floor will be constructed on the west end of the building for access to this level. Ceilings will be open existing construction with all new lighting. It is anticipated that the addition of skylights coupled with day lighting controls in accordance with the IECC will provide efficient and effective lighting. Floors will be elastomeric traffic topping or sealed concrete. Exterior ParkingThe main parking area will be for storage to accommodate approximately 500 new cars. This area will include landscaped islands as well as a landscaped perimeter, providing partial visual screening from the streets. 462 of 537 Expansion: 222 Hartrey Street CONSOLIDATION OF DETAILING DEPARTMENTApproximately 9,600 SF will be devoted to consolidation of The Autobarn automotive repair, detailing and mechanical inspections. These spaces will be located in the south-center section of the ground floor and will include: • Ten Detail bays• Six paintless dent repair bays• Twelve Mechanical bays Generally these will have similar finishes to the vehicular storage areas, but will incorporate structural foundations as required for lifts; power, water, air and ventilation requirements for the specific program services, and task appropriate lighting. Parts and equipment storage for the repair and detailing will be accommodated on the 6000 SF mezzanine level space above this area. Servicing both the vehicle storage and the repair and detailing operations will be an in-house car wash, operated with reclaimed rainwater. PHOTO STUDIOIncluded with the repair and detailing area will be a photo shoot facility. This high 1500 sf space will be sparse and flexible with specialty lighting for high quality photography sessions. 463 of 537 Request for Tax Increment Financing (TIF) for 222 Hartrey Avenue Proposed Budget Funded By Purchase Cost of Property $2.55 million Applicant/TIF Rehabilitation and Equipment $4.61 million Applicant/TIF Total Project: $7.16 million Applicant/TIF The proposed rehabilitation of 222 Hartrey includes in the initial budget some $700,000 in equipment and hard items such as, fixtures, lifts, filing and office equipment. Actual rehabilitation costs of the building is an estimated $3.910 million. Furniture/Office Equipment will be extra. Demolition/Debris $250,000 Interior Overhead doors $30,000 Asbestos Removal $250,000 Framing/Drywall/Drop Ceiling $125,000 Concrete $250,000 Sprinkler/Fire Alarm $80,000 Roofing $450,000 Steel $125,000 Steel Ramp $100,000 Plumbing $150,000 Landscaping $50,000 Phone/Computer Equipment $50,000 Fencing $100,000 Tiles/Carpet $55,000 Exterior Lighting $150,000 Painting (interior & exterior) $180,000 Asphalt $250,000 Glass Work $100,000 HVAC $200,000 Doors & Hardware $55,000 OH Garage Doors $150,000 Low Voltage Wiring $80,000 Above Ground Lifts & Exhaust System $100,000 Millwork $100,000 Electrical $250,000 Misc $250,000 Collision Repair/Paint Equipment $550,000 Total $4,610,000 Through this document we are applying for Tax Increment Financing in the amount of $4 million with the city of Evanston. We are flexible as to the period of this agreement. We are also requesting an Illinois 6B or 7B Real Estate Tax Agreement, fixing Real Estate Taxes at a pre-agreed level for 12 years. 464 of 537 Job Creation JOBS CREATED BY JOBS MOVED FROM HARTREY EXPANSION CHICAGO AVE. Detailers 06 00 Porters 02 03 Paintless Dent Removal 02 00 Photographers 01 01 Wholesale Parts 01 02 Collision Repair/ Painters 10 00 Collision Repair Manager/ Advisors/ Foreman 04 00 Parts Wholesale Drivers 01 03 Shuttle Drivers 01 00 Tow Truck Driver 02 00 TOTAL PROJECTED NEW JOBS 30 09 465 of 537 Financial Summary 2013 2013 2014 2012 Adopted Estimated Adopted Actual Budget Actual Budget Revenue By Source Net Property Tax Increment 1,113,811 1,100,000 1,110,000 1,100,000 Interest Income 13,251 10,000 11,000 10,000 Total Revenue 1,127,062 1,110,000 1,121,000 1,110,000 Expenditures 1994 & 1996 Bonds (refunded by 1999 and then 2008D bonds) Principal 605,000 645,000 645,000 685,000 1994 & 1996 Bonds (refunded by 1999 and then 2008 D bonds) Interest 109,603 75,611 75,611 39,088 Surplus Distribution 1,000,000 1,000,000 1,000,000 - Capital Projects 2,170 1,400,000 150,000 500,000 Other Expenses 23,923 500,000 - - Economic Development - - - 2,500,000 Operating Transfer to General Fund 141,600 144,400 144,400 144,400 Total Expenditures 1,882,296 3,765,011 2,015,011 3,868,488 Net Surplus (Deficit)(755,234) (2,655,011) (894,011) (2,758,488) Beginning Fund Balance 5,000,873 4,245,639 3,351,628 Ending Fund Balance 4,245,639 3,351,628 593,140 Description of Major Activities City of Evanston The City Council adopted the Southwest II Tax Increment Finance (TIF) District – also called the Howard-Hartrey TIF – on April 27, 1992. The TIF District consists of a 23-acre site located at 2201 West Howard Street in the southwest corner of the City. The development consists of a shopping center with several large stores. The total project cost is estimated to be $39,266,932, of which the City provided $7,390,000 in land acquisition and public improvement costs. This Fund is responsible for the payment of principal and interest on any outstanding debt service associated with this TIF. The debt service payment schedule extends through FY 2014. Howard-Hartrey TIF (Southwest II) Debt Service Fund Summary (Fund #310) 466 of 537 467 of 537 468 of 537 469 of 537 470 of 537 471 of 537 472 of 537 For City Council meeting of April 8, 2014 Item O2 Resolution 12-R-14: Sales Tax Sharing Agreement with Autobarn Motors For Action To: Honorable Mayor and Members of the City Council From: Johanna Nyden, Economic Development Division Manager Subject: Approval of Resolution 12-R-14, “Authorizing the City Manager to Execute a Sales Tax Sharing Agreement with Autobarn Motors, Ltd.” Date: April 2, 2014 Recommended Action: The Economic Development Committee and staff recommend approval of Resolution 12-R-14, “Authorizing the City Manager to Execute a Sales Tax Sharing Agreement with Autobarn Motors, Ltd.”. This resolution and agreement authorizes the sharing of the City’s portion of the sales tax remitted by Autobarn on a 50/50 sharing basis for a period no greater than 48 months. Funding Source: This Sales Tax Sharing Agreement is funded through new sales tax generated by Autobarn. The portion of sales tax generated by Autobarn and collected by the City will be shared on a 50/50 basis annually between the City and Autobarn for 48 months until commencement. Background: In 2005, the City of Evanston and Autobarn entered into a sales tax sharing agreement to offset the costs associated with rehabilitation of the former Toyota dealership on Chicago Avenue to facilitate the expansion of Autobarn into this space. The 2013 fiscal year marked the completion of this sales tax sharing agreement. The essential terms of the agreement were: • City and Autobarn shared equal parts of a “base amount” of $291,500; • Incremental sales tax generated over the base amount that was collected by the City and reimbursed to Autobarn until the total rebate reached the greater of $1,350,000 or 15% of total eligible project cost, not to exceed $1,500,000. On average Autobarn collected between $200,000 and $300,000 annually from the City through this sales tax sharing agreement since 2005. As Autobarn again expands it operation and real estate holdings to include 222 Hartrey Avenue, they have sought an extension to their existing sales tax sharing agreement Memorandum 473 of 537 with some modification of terms and conditions. The extension of the agreement assists Autobarn financially while the company completes construction at 222 Hartrey Avenue and transitions operations from Chicago Avenue to this property. At the February 19, 2014 meeting of the Economic Development Committee, it was recommended that sales tax sharing agreement be extended between the City and Autobarn with the following terms and conditions: • The total sales tax collected by the City would be shared on a 50/50 basis at the end of the calendar year; • The period of sharing would be extended for 48 months after the existing agreement had been satisfied; • Autobarn must show evidence annually that 39 jobs (or more) are maintained at 222 Hartrey Avenue facility for the duration of the agreement; and • The agreement is non-transferrable. Based on projections, the City and Autobarn could share between $2.3 and $2.6 million in total sales tax over the 48 month period. Each could collect between $1.19 and $1.3 million in total. The breakdown of projected sales tax generated is attached to this memorandum. Legislative History: The Economic Development Committee considered the matter of a Sales Tax Sharing Agreement between the City and Autobarn at its February 19, 2014 meeting. The Committee voted unanimously (9-0) to recommend approval to City Council. Attachments: 12-R-14 Draft Sales Tax Sharing Agreement Estimate of Projected Sales Tax 2014-2017 2005 Sales Tax Sharing Agreement 474 of 537 3/31/2014 12-R-14 A RESOLUTION Authorizing the City Manager to Execute a Sales Tax Sharing Agreement with Autobarn Motors, Ltd. NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute the Sales Tax Sharing Agreement, attached hereto as Exhibit 1, the terms are incorporated herein by reference, with Autobarn Motors, Ltd., an Illinois corporation. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Sales Tax Sharing Agreement as he may determine to be in the best interests of the City. SECTION 3: That this Resolution 12-R-14 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. _______________________________ Elizabeth B. Tisdahl, Mayor Attest: _______________________________ Rodney Greene, City Clerk Adopted: __________________, 2014 475 of 537 12-R-14 ~ 2 ~ EXHIBIT 1 Sales Tax Sharing Agreement 476 of 537 SALES TAX SHARING AGREEMENT THIS SALES TAX SHARING AGREEMENT (“Agreement”) is entered into this”), by and between the CITY OF EVANSTON, Illinois, an Illinois home rule municipal corporation (the “City”), and AUTOBARN MOTORS, LTD. an Illinois corporation (the “Proprietor”) (individually, the City and Proprietor are referred to herein as a “Party” and collectively referred to as the “Parties”). RECITALS: WHEREAS, the City, pursuant to Section 10 of Article VII of the Constitution of the State of Illinois, is authorized to contract or otherwise associate with individuals in any manner not prohibited by law or ordinance; and WHEREAS, the City is a home rule municipality in accordance with Section 6(a) of Article VII of the Constitution of the State of Illinois of 1970; and WHEREAS, Proprietor operates car dealerships under the umbrella name of “Autobarn”, each located respectively at 1001, 1012, 1015, 1033 and 1034 Chicago Avenue, Evanston, Illinois and seeks to expand its operation to the property located at 222 Hartrey Avenue, which is located on real estate legally described in Exhibit A attached hereto and made part hereof (the “Property”); and WHEREAS, Proprietor has acquired the Property and seeks to renovate the Property for use as a receiving and service facility for the aforementioned Autobarn franchises (the “Project”); and WHEREAS, the Parties agree that extraordinary costs associated with the Project renovations require certain incentives from the City, and the incentives that will be offered to offset these extraordinary costs in the form of rebates from the City‘s portion of the local sales taxes generated on the Property; and WHEREAS, the City desires to retain existing businesses, diversify the tax base, create new jobs, and provide for the general enhancement of the tax base of the City for the benefit of the City and its residents; and WHEREAS, pursuant to City Council Resolution 48-R-15 adopted on August 15, 2005, the Parties previously entered into a Sales Tax Sharing Agreement (the “2005 Agreement”) which is nearing completion after a reconciliation by the Assistant City Manager and the Director of Administrative Services, Marty Lyons, (the “Director”) of the rebate payments disbursed and sales tax revenue reported by the Illinois Department of Revenue; and WHEREAS, the City has determined that providing financial assistance in the form of a sales tax sharing agreement is a proper exercise of its home rule powers and the City Council has made the following findings with respect to the Property and the Project; and 477 of 537 2 A. The Project is expected to create job opportunities within the City; B. The Project will relieve traffic congestion on Chicago Avenue; C. The Project will result in the creation of additional job training opportunities at Evanston Township High School; D. The Project will serve to further stabilize areas adjacent to the Property; E. Without this Agreement, the Project would not be possible; F. The Proprietor meets high standards of credit-worthiness and financial strength; G. The Project will maintain the neighborhood commercial base of the City; H. The Project will protect and enhance the sales tax base of the City; and I. This Agreement is made in the best interest of the City. WHEREAS, the City has agreed, pursuant to the terms of this Agreement, to provide certain sales tax sharing provisions in order to insure the economic feasibility of the Project which will have the benefits described above, AGREEMENTS: NOW, THEREFORE, in consideration of the foregoing Recitals, the covenants, terms and conditions hereinafter set forth and other valuable consideration, the receipt and sufficiency of which are acknowledged, it is mutually agreed by the Parties hereto as follows: SECTION 1: Recitals. The Parties hereby agree that the Recitals set forth hereinabove are incorporated herein by reference, as if fully set forth herein. SECTION 2: Rebate. A. Rebate: Based on the foregoing reasons described in the Recitals, the Parties agree to equally split all of the sales tax revenue received by the City from the Illinois Department of Revenue at each of Proprietors current Evanston dealerships (Autobarn Nissan of Evanston – 1001 Chicago Avenue; Autobarn Mazda of Evanston - 1015 Chicago Avenue; Autobarn Nissan of Evanston - 1012 Chicago Avenue; and Autobarn Volkswagen of Evanston – 1033 and 1034 Chicago Avenue) (the “Rebate”). B. Rebate Term: 1. The term of the rebate period (the “Rebate Term”) shall commence on the later of the Effective Date of this Agreement or after the Director confirms satisfaction of the 2005 Agreement terms (“Rebate Term Commencement Date”) and will expire on the 48th month (four years) after the Rebate Term Commencement Date. Attached as Exhibit B is a certification to be executed by the parties to document the Rebate Term Commencement Date. This Agreement is a new Sales Tax Sharing Agreement and not an extension of the 2005 Agreement. After the Director confirms that the terms of the 2005 Sales Tax Sharing Agreement have been confirmed, the 2005 Agreement is null and void and the terms of which are not incorporated into this agreement beyond the previously outlined in Section 2(B). 478 of 537 3 2. The Proprietor may not petition for any additional extensions or renewals of this Agreement for the referenced business franchises listed in Section 2(A) for the next fifty years (until 2064). New businesses or franchises brought to the City by the Proprietor are eligible for City consideration by the City Council for other City economic development agreements or subsidies. C. Rebate Payments: After receipt of the sales tax revenue, tax data from the Illinois Department of Revenue, and a Rebate payment request for the first quarter and the second quarter from Proprietor, the City will issue the Rebate within 30 days of the request for Rebate payment on a semi-annual basis. In addition, following receipt of the sales tax revenue and tax data from the Illinois Department of Revenue for the third and fourth quarter and a Rebate payment request for said quarters, the City will issue the Rebate payment within 30 days. If the Illinois Department of Revenue distributes data in a regular quarterly basis, the City will process the rebates within 30 days, but in no event less frequent than a semi-annual basis. Any failure to transmit the sales tax revenue data and revenue by the Illinois Department of Revenue shall not be considered an Event of Default of the City and cannot be cured by the City. D. Conditions Precedent to First Rebate Payment: The following shall be conditions precedent to the City’s obligation to pay any monies to the Proprietor under the Rebate for the initial payment: 1. Proprietor shall submit to the Director or his designee the following information to commence the Rebate payments: a. Completed Job Creation Certification Affidavit (as specified in Section 3(E) defined supra); and b. Twelve (12) new service bays must be installed for use at the 222 Hartrey Property. 2. Conditioned on the City receiving information from the State of Illinois related to sales tax for the Proprietor, the City shall have thirty (30) days after receipt of these documents within which to verify the sufficiency of the information contained within the produced documents. E. Conditions Precedent to Rebate Payments after First Rebate Payment: Prior to issuance of Rebate for the remainder of the Rebate Term: 1. The Proprietor must not be in default of any term of this Agreement or in default of any term of the TIF Forgivable Loan Agreement and Promissory Note dated _____, 2014, executed between the Parties (the “TIF Forgivable Loan”), the terms of which are incorporated herein by reference; 2. Proprietor must be in good standing on any and all City accounts, including but not limited to real estate tax payments to Cook County, wheel tax payments, parking tickets, water bills, and fines. 479 of 537 4 SECTION 3. Proprietor’s Responsibilities. The Sales Tax Sharing Agreement is conditioned on the completion and satisfaction of each part of this Section 3 and confirmed by the Director and/or his designee. If Proprietor fails to perform any condition fully set forth herein, it shall be considered an Event of Default, defined in Section 9. For the Term of this Agreement, Proprietor’s responsibilities shall include the following: A. Proprietor shall renovate the Property in accordance with its representations to the City’s Economic Development Committee, City Council, and City staff. Said conversion and improvement (the “Project”) includes: demolition of portions of the Property building; environmental remediation efforts (asbestos abatement); update mechanicals; refurbishing the interior for office use, repair and detail work; sealcoating/striping the parking lot for car storage; and other improvements as determined. 1. Proprietor shall maintain and operate the Autobarn business at the Property for the term of this Agreement. Proprietor is permitted, provided it obtains any necessary local approvals, to contract for a portion of the Property to be operated by a separate and unrelated business related to automotive and body shop work. 2. Proprietor shall construct and complete the Project in a good and workmanlike manner in accord with all Federal, State and local laws and regulations. The Proprietor, at its expense, shall secure or cause to be secured any and all permits, documents, zoning relief, or plats which may be required for the Project by City Code, and any other governmental agencies having jurisdiction over such construction, development or work, or such portion of the work being performed, including, without limitation, any applications and permits, documents or plats which may be required to be obtained from any local, federal or state environmental protection agency, or from any other agency which may have or exercise any jurisdiction of any type whatsoever in connection with the Project. Except as provided in this Agreement, the costs of the Project shall be borne and paid for by the Proprietor or its landlord. 3. Proprietor shall obtain at least three (3) bids for the Renovations, at least one (1) of the contractors providing an estimate shall be an Evanston-based company. In the event no Evanston-based contractor is identified, Proprietor must provide written notice attesting to this fact to City staff. B. The Borrower shall create and must maintain at least 30 new equivalent positions (“Minimum Job Creation Threshold”) as minimum employment levels at the Subject Property. The Borrower represents that it shall create the jobs in accordance with the following schedule: Time Period for Compliance after the Effective Date of Agreement Minimum Number of Jobs Created 18 months 10 jobs 30 months 10 jobs (20 total) 480 of 537 5 42 months 10 jobs (30 total) The Borrower will receive credit to meet the Minimum Job Creation Threshold by reducing employment levels at the other Evanston facilities of Borrower and shifting the employees to work at the Subject Property; meaning the jobs transferred from the other Evanston Autobarn dealerships do not count as new jobs for purposes of this condition. The breakdown of full-time jobs versus part-time jobs is projected to be 60% FTE jobs and 40% PTE jobs, on average, after the Minimum Job Creation Threshold is reached after 42 month time period. The Proprietor must provide documentation to support the job creation for commencement of the rebate and for every subsequent benchmark thereafter, on or before the beginning of that benchmark point. Failure to provide adequate proof of job creation is considered a default under this Agreement. The Proprietor will provide an executed certification form that it has maintained the existing jobs (the “Job Creation Certification Affidavit”; form attached as Exhibit C). C. Proprietor shall coordinate with the City’s Youth and Young Adult Program Manager and other workforce development professionals to employ Evanston residents with skills and abilities to work at the Subject Property and the Evanston listed in Section 2(A). Proprietor shall create and operate a Richard Fisher Dealerships Hire and Train Program, or a similar title, by the Job Creation Deadline for Evanston Township High School graduates not pursuing a post-secondary school education immediately after graduation. D. Sale or Transfer prior to end of Term: 1. If Proprietor and/or Richard Fisher sells or transfers in whole or in part any of the businesses listed in Section 2(A) to any unrelated entity or individual, it shall be considered an Event of Default except if such sale occurs as a result of Ill-health or resulting in the retirement of Proprietor. 2. If Proprietor and/or Richard Fisher sells or transfers in whole or in part any of the businesses listed in Section 2(A) to be occupied and operated by another business owner than Proprietor, this shall be an Event of Default. However, if Proprietor replaces it with another business entity to be operated by Proprietor, it shall not be considered an Event of Default (i.e. the Mazda dealership is sold and replaced with a Fiat, Mini Cooper, etc. dealership), provided that Proprietor’s substitute business shall be open for business in less than 90 days after operations under the old franchise ceased AND the City provides its written consent to a comparable business that is being substituted by Proprietor. E. Should Proprietor violate any of Proprietor’s responsibilities contained in any section of this Agreement before the expiration of the Term, said violation shall constitute a material breach of this Agreement. F. Notwithstanding any other provision of this Agreement, in the event that Proprietor (i) declares insolvency or bankruptcy; (ii) makes an assignment for the benefit of creditors; or (iii) is unable to meet its financial obligations, causing it to cease doing 481 of 537 6 business as an auto dealership and service facility, then this Agreement shall be deemed terminated and of no further force and effect, and the Parties are relieved of all covenants, conditions, obligations and liabilities hereunder. G. Proprietor acknowledges and agrees that the provisions of this Agreement shall be a matter of public record, as shall any and all payments made by the City to Proprietor pursuant to this Agreement. H. Proprietor shall throughout the Term and for a period of 2 years following the expiration of the Rebate Term, keep and make available for the inspection, examination and audit by City or City’s authorized employees, agents or representatives, at all reasonable time, all records respecting the services and expenses incurred by Proprietor, relating to the Sales Tax Sharing Agreement and the Project, including without limitation, all book, accounts, memoranda, receipts, ledgers, canceled checks, and any other documents indicating, documenting, verifying or substantiating the cost and appropriateness of any and all expenses. If any invoice submitted by Proprietor is found to have been overstated, Proprietor shall provide City an immediate refund of the overpayment together with interest at the highest rate permitted by applicable law, and shall reimburse all of City’s expenses for and in connection wit h the audit respecting such invoice. SECTION 4. City Responsibilities. A. In consideration of Proprietor’s work on the Project, the City agrees to issue the Rebate to Proprietor. The City shall disburse to Proprietor fifty percent (50%) of City’s Sales Tax revenue collected from the aforementioned businesses listed in Section 2(A) until the expiration of the Term on a semi-annual basis and in compliance with Section 2(E). B. Notwithstanding anything to the contrary herein contained, the City shall have no obligation to disburse to Proprietor any portion of the City’s Tax Revenue Share accruing or arising after the expiration of the Rebate Term. SECTION 5. Casualty / Extension of Term. In the event of a casualty or destruction of substantially all of the improvements on the Property during the term of this Agreement, and Proprietor elects not to rebuild said improvements or fails to promptly commence and diligently pursue said reconstruction and recommence its retail operations on the Property within twelve (12) months after the date of said casualty, Proprietor shall be obligated, to refund the percentage of the Rebate per Section 3(F) received by the Proprietor to date. SECTION 6. Indemnification. Proprietor shall defend, indemnify and hold harmless City and its officers, elected and appointed officials, agents, and employees from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature, including without limitation costs, and fees, including attorney’s fees, judgments or 482 of 537 7 settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Proprietor or its subcontractors, employees, agents or subcontractors during the performance of this Agreement. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting City, or its officers, agents, or employees, from defending through the selection and use of their own agents, attorneys, and experts, any claims, actions or suits brought against them. Proprietor shall be liable for the costs, fees, and expenses incurred in the defense of any such claims, actions, or suits. Nothing herein shall be construed as a limitation or waiver of defenses available to City and employees and agents, including without limitation the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. At the City Corporation Counsel’s option, Proprietor must defend all suits brought upon all such Losses and must pay all costs and expenses incidental to them, but the City has the right, at its option, to participate, at its own cost, in the defense of any suit, without relieving Proprietor of any of its obligations under this Agreement. Any settlement of any claim or suit related to activities conducted under this Project by Proprietor must be made only with the prior written consent of the City Corporation Counsel, if the settlement requires any action on the part of the City. No member, official, agent, legal counsel or employee of the City shall be personally liable to the Proprietor, or any successor in interest in the event of any default or breach by the City or for any amount which may become due to Proprietor or successor or on any obligation under the terms of this Agreement. SECTION 7. Mutual Assistance. Proprietor and the City agree to do all things practicable and reasonable to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms hereof. SECTION 8. Anti-Discrimination and Minority Business Participation. A. Proprietor agrees to comply with all applicable laws prohibiting discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin or sexual orientation. Proprietor agrees to make good faith, commercially reasonable efforts to have its general contractor and major subcontractors, to the extent they hire new employees and can include minorities, women and City residents to work on the Project. Nothing herein shall require Proprietor or its contractors or major subcontractors to displace any employees in its current work force to achieve the foregoing goal. B. Notwithstanding the foregoing provisions, Proprietor shall be entitled to employ union labor hereunder pursuant to the rules, regulations and practices of applicabl e unions. SECTION 9. Event of Default and Default Remedies. A. Notice of Default: In the event of failure by either party hereto substantially to perform any material term or provision of this Agreement, including but not limited to 483 of 537 8 conditions contained in Sections 2 and 3, the non-defaulting party shall have those rights and remedies provided herein, provided that such non-defaulting party has first provided to the defaulting party a written notice of default in the manner required by Section 14 hereof identifying with specificity the nature of the alleged default and the manner in which said default may be satisfactorily be cured. B. Cure of Default: Upon the receipt of the notice of default, the alleged defaulting party shall promptly commence to cure, correct, or remedy such default within a 15-day period, and shall continuously and diligently prosecute such cure, correction or remedy to completion. C. City Remedies not Exclusive: If an Event of Default occurs, which Proprietor has not cured within the timeframe set forth in subparagraph B above, the City, at its option, may terminate this Agreement and/or may institute legal action in law or in equity to cure, correct, or remedy such default, enjoin any threatened or attempted violation, or enforce the terms of this Agreement. D. Reimbursement of Rebate: 1. If a Default by Proprietor is not cured, the Proprietor may be responsible for reimbursement of the last Rebate issued depending on the date of Default (the “Date of Default”). If the Default is discovered after the City has paid the Rebate which encompasses the date of Default, then Proprietor must reimburse the City for the full Rebate. Meaning, if the Proprietor defaults in the fall quarter and the City issues a semi-annual payment for the fall and winter quarters in January the following year, and the City subsequently discovers or the Proprietor reports the Default in February, then the Proprietor shall reimburse the City for the last Rebate issued. 2. If a Default is discovered before the City has issued the Rebate for the period of time encompassing the Default, the City shall not issue a Rebate for said subject period. In addition, the City will not issue a partial or pro-rated Rebate to Proprietor to the date of Default. 3. The “Date of Default” shall mean the date on which the Proprietor violates any condition of the Agreement and it is not cured within the applicable time period. The Proprietor has an affirmative obligation to report any and all Defaults to the City. E. Proprietor’s Exclusive Remedies: The parties acknowledge that the City would not have entered into this Agreement if it were to be liable in damages under, or with respect to, this Agreement or any of the matters referred to herein, including the Project, except as provided in this Section. Accordingly, Proprietor shall not be entitled to damages or monetary relief for any breach of this Agreement by the City or arising out of or connected with any dispute, controversy, or issue between Proprietor and the City regarding this Agreement or any of the matters referred to herein, the parties agreeing that declaratory and injunctive relief and specific performance shall be Proprietor sole and exclusive judicial remedies. SECTION 10. Entire Agreement. This Agreement sets forth all the promises, inducements, Agreements, conditions and understandings between Proprietor and City 484 of 537 9 relative to the subject matter hereof, and there are no promises, Agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. SECTION 11. Survival of Terms, Binding upon Successors. The covenants, terms, conditions, representations, warranties, agreements and undertakings set forth in this Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors, assigns and legal representatives. SECTION 12. Governing Law and Attorney’s Fees. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Illinois. In the event that the City commences any action, suit, or other proceeding to remedy, prevent, or obtain relief from a breach of this Agreement by Proprietor, or arising out of a breach of this Agreement by Proprietor, the City shall recover from the Proprietor as part of the judgment against Proprietor, its attorneys’ fees and costs incurred in each and every such action, suit, or other proceeding. SECTION 13. Force Majeure. Performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public enemy, restrictive governmental laws and regulations, epidemics, quarantine restrictions, freight embargoes, lack of transportation or labor and material shortages. An extension of time for any such cause shall be for the period of the delay, which period shall commence to run from the time of the commencement of the cause, provided that written notice by the party claiming such extension is sent to the other party not more than thirty (30) days after the commencement of the cause or not more than thirty (30) days after the party claiming such extension could have first reasonably recognized the commencement of the cause, whichever is later. SECTION 14. Notices. Any notice, request, demand or other communication made in connection with this Agreement shall be in writing and shall be deemed to have been duly given, served and received on the date of delivery, if delivered to the persons identified below in person, by courier service or by facsimile copy transmitted on a business day before 5:00 p.m., or the next business day thereafter if not so transmitted (with original copy mailed the same day in accordance with the provisions of this Paragraph), or five (5) business days after mailing if mailed by certified mail, postage prepaid, return receipt requested, addressed as follows: If to the City: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attn: City Manager with a Copy to: City of Evanston 2100 Ridge Avenue 485 of 537 10 Evanston, IL 60201 Attn: W. Grant Farrar, Corporation Counsel If to Proprietor: Autobarn Motors, Ltd. 1015 Chicago Avenue Evanston, IL 60202 Attn: Richard Fisher SECTION 15. Severability. If any provision, condition, covenant or other clause, sentence or phrase of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised and the invalidity thereof shall not affect any other provision, condition, covenant or other clause, sentence or phrase contained herein. Notwithstanding the foregoing, if any such invalid provision goes to the essence of this Agreement so that the purposes of the Agreement cannot be fulfilled, then this Agreement shall terminate as of the date of such judgment. SECTION 16. City Approval. A copy of the ordinance (or other City action) approving of the terms and conditions of this Agreement and authorizing and directing the City Manager to execute this Agreement on the City’s behalf, certified by the City Clerk, shall be provided to Proprietor. SECTION 17. Third Parties. The City and Proprietor agree that this Agreement is for the benefit of the Parties hereto and not for the benefit of any third party beneficiary. Except as otherwise provided herein, no third party shall have any right(s) or claim(s) against the City that may arise from this Agreement. SECTION 18. Amendments. This Agreement may be amended from time to time with the written consent of the Parties hereto. SECTION 19. Execution of this Agreement. This Agreement shall be signed last by the City and the City Manager shall affix the date on which he/she signs and approves this Agreement on the first page hereof, which date shall be the effective date of this Agreement. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 486 of 537 11 IN WITNESS WHEREOF, the effective date of this Agreement between the Parties shall be last date executed (the “Effective Date”). CITY OF EVANSTON, an Illinois municipal corporation AUTOBARN MOTORS, LTD., an Illinois corporation By ___________________________ By ___________________________ Name: Wally Bobkiewicz Name: Richard Fisher Its: City Manager Dated: _____________, 2014 Its: President Dated: _______________, 2014 ATTEST By: __________________________ City Clerk [SEAL] 487 of 537 12 EXHIBIT A LEGAL DESCRIPTION All that contain lot, piece or parcel of land, with the buildings and improvements there on erected, situate lying and being in the City of Evanston, County of Cook, State of Illinois. PARCEL 1 LOTS 1 AND 2 IN BRUMMEL PLACE SUBDIVISION OF THE SOUTH 315 FEET OF THE NORTH 465 FEET OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 25, TOWNSHIP 41 NORTH RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THEREFROM THE EAST 33 FEET MEASURED PERPENDICULAR TO THE EAST LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 25, ALSO EXCEPT THE WEST 66 FEET MEASURED PERPENDICULAR TO THE WEST LINE OF THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SAID SECTION 25), ACCORDING TO THE PLAT THEREOF RECORDED JULY 26, 1956 AS DOCUMENT 16650663, IN COOK COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY THE EASEMENT AGREEMENT RECORDED AS DOCUMENT 96138308 FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND REPAIR OF A STORM WATER DRAINAGE FACILITY AND IMPROVEMENTS OVER AND UPON THE EAST 30 FEET OF THE NORTH 30 FEET OF LOT 6 IN HOWARD-HARTREY SUBDIVISION. PARCEL 3: PERPECTUAL, NON EXCLUSIVE EASEMENT AS CREATED BY THE RECIPROCAL EASEMENT AGREEMENT RECORDED AS DOCUMENT 0418818040, FOR ACCESS TO AND FROM HOWARD AVENUE, INGRESS AND EGRESSS OF TRUCKS, VANS PASSENGERS AUTOMOBILES AND OTHER VEHICLES AND PEDESTRIAN TRAFFIC OVER AND ACROSS A PORTION OF LOT 3 IN AFORESAID SUBDIVISION AND DEPICTED ON EXHIBIT “D” ATTACHED THERETO. PARCEL 4: EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY THE EASEMENT AND RESTRICTIONS AGREEMENT RECORDED AS DOCUMENT 93840922 FOR PASSENGER AND TRUCK VEHICLAR INGRESS AND EGRESS OVER AND ACROSS A PORTION OF LOT 9 IN HOWARD-HARTREY SUBDIVISION. 488 of 537 13 PARCEL 5: EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR INGRESS AND EGRESS OVER AND ACROSS THE SOUTH 20 FEET OF LOT 3 IN AFORESAID SUBDIVISION AS CREATED BY THE AGREEMENT RECORDED JULY 5, 1955 AS DOCUMENT 16290044. PINs: 10-25-104-014-0000 and 10-25-104-015-0000 Common Address, 222 Hartrey Avenue, Evanston, IL 60202 489 of 537 14 EXHIBIT B REBATE TERM COMMENCEMENT DATE CERTIFICATION FORM Pursuant to Section 2 of the Sales Tax Sharing Agreement, the “Rebate Term” shall commence on the later of the Effective Date of this Agreement or after the Director confirms satisfaction of the 2005 Agreement terms (“Rebate Term Commencement Date”. The Parties hereby acknowledge and agree to the following Rebate Term: (a) The Rebate Term Commencement Date is: _______________, 2014 (b) Expiration of Rebate Term (48 months/4 years: ________________, 2018 THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: _________________________________ Its: City Manager, Wally Bobkiewicz AUTOBARN MOTORS, LTD., an Illinois corporation By: _________________________________ Its: President, Richard Fisher 490 of 537 15 EXHIBIT C CERTIFICATION FOR JOB CREATION AFFIDAVIT The Proprietor is required to complete and sign this affidavit on the Effective Date, the Commencement of Rebate Term, first anniversary of the Commencement Date of the Rebate Term and the expiration of the Term. The Autobarn must certify annually that no less than 30 individuals are employed at 222 Hartrey for the duration of the Agreement. Indicate below the number of jobs at the time of the Effective Date and Rebate Term Commencement Date, which will be used to determine the base employment of jobs currently held with Proprietor. There is no requirement or threshold for Proprietor to maintain a certain percentage of full-time equivalent v. part-time equivalent, but the parties anticipate that after 42 months the breakdown will be 60% FTE v. 40% PTE. Time Period Total Jobs Created/Retained Effective Date of Agreement 0 18 months 30 months 42 months I, Richard Fisher of Autobarn Motors, LTD. d/b/a The Autobarn, affirm under penalties of perjury and upon personal knowledge that the contents of the foregoing paper are true and accurate. __________________________ _______________________ Name (Print) Date __________________________ Name (Signature) 491 of 537 Projections of Autobarn Sales Tax (City of Evanston Portion) Assumptions: 2013 Sales Tax Collected by COE [1]574,984$ 1.50% 5.00% Potential Sales Tax Totals (Assumes 1.5% Annual Growth)Potential Sales Tax Totals (Assumes 5.0% Annual Growth) Year Total Projected Sales Tax Autobarn Share Evanston Share Year Total Projected Sales Tax Autobarn Share Evanston Share 2013 [4]574,984$ 2013 [4]574,984$ 2014 583,600$ 291,800$ 291,800$ 2014 603,700$ 301,850$ 301,850$ 2015 592,400$ 296,200$ 296,200$ 2015 633,900$ 316,950$ 316,950$ 2016 601,300$ 300,650$ 300,650$ 2016 665,600$ 332,800$ 332,800$ 2017 610,300$ 305,150$ 305,150$ 2017 698,900$ 349,450$ 349,450$ TOTAL 1,193,800$ 1,193,800$ TOTAL 1,301,050$ 1,301,050$ [1] Source: Administrative Services Department, City of Evanston [2] Moderate growth, assumes 1.5% annually [3] Autobarn's proposed rate of growth, assumes 5.0% annually [4] Actual Amount Collected by City of Evanston Rate of Growth [2] Rate of Growth [3] 492 of 537 Potential Sales Tax Totals (Assumes 5.0% Annual Growth) 493 of 537 494 of 537 495 of 537 496 of 537 497 of 537 498 of 537 499 of 537 500 of 537 501 of 537 502 of 537 503 of 537 504 of 537 505 of 537 506 of 537 507 of 537 508 of 537 509 of 537 510 of 537 511 of 537 512 of 537 513 of 537 514 of 537 515 of 537 516 of 537 517 of 537 518 of 537 519 of 537 520 of 537 521 of 537 522 of 537 523 of 537 524 of 537 525 of 537 526 of 537 527 of 537 528 of 537 529 of 537 530 of 537 531 of 537 532 of 537 533 of 537 534 of 537 535 of 537 536 of 537 537 of 537